Loading...
HomeMy WebLinkAbout2019.1015.TCRM.Packet            NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey  Vice Mayor Sherry Leckrone Councilmember Dennis Brown Councilmember Alan Magazine Councilmember Mike Scharnow Councilmember David Spelich Councilmember Art Tolis      TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, OCTOBER 15, 2019 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.   REGULAR MEETING    REGULAR MEETING 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 Ginny Dickey      2.INVOCATION - Pastor Rick Ponzo of Calvary Chapel      3.ROLL CALL – Mayor Dickey      4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER      A.PROCLAMATION - October 20 - 26, 2019, as Arizona Cities and Towns Week   B.PROCLAMATION - October as Domestic Violence Awareness Month   C.PROCLAMATION - October 23 - 31, 2019,  as Red Ribbon Week   D.Recognition of Outgoing Commissioners      5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS      A.PRESENTATION by Maricopa County Library Manager Maren Hunt.     6.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.      7.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.       Town Council Regular Meeting of October 15, 2019 2 of 4   normal sequence on the agenda.   A.CONSIDERATION OF approval of the minutes of the Regular Meeting of October 1, 2019.   B.CONSIDERATION OF approving a Special Event Liquor License application for the Sunset Kiwanis Club of Fountain Hills (Margaret Ziefert) for a fundraiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, Friday, March 6 through Sunday, March 8, 2020.   C.CONSIDERATION OF  approving one Special Event Liquor License application submitted by Jelaine Goldapper, representing the Fountain Hills Unified School District PTO, for a fundraiser to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, 85268 on February 29, 2020, from 6 pm to 11 pm.      8.REGULAR AGENDA      A.CONSIDERATION OF appointments to the Board of Adjustment.   B.CONSIDERATION OF approving the purchase of one (1) 2019 Ford F750 Regular Cab Dump Truck.   C.CONSIDERATION OF Resolution 2019-50 urging ratification of the Equal Rights Amendment to the U.S. Constitution guaranteeing equal rights for men and women.   D.CONSIDERATION AND POSSIBLE DIRECTION to staff regarding the requirements for providing hillside protection easements, the abandonment of existing easements, and the fee for easement abandonments.   9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.      10.ADJOURNMENT             Town Council Regular Meeting of October 15, 2019 3 of 4   Town Council Regular Meeting of October 15,2019 4 of 4 CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this '-''day of 019. Eliz beth A ur e, MMC,Town Cler 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. ITEM 4. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 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: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council REPORTS (Agenda Language): PROCLAMATION - October 20 - 26, 2019, as Arizona Cities and Towns Week Staff Summary (Background) Mayor Dickey will be proclaiming October 20 - 26, 2019, as Arizona Cities and Towns Week. Attachments Proclamation Form Review Inbox Reviewed By Date Finance Director David Pock 10/03/2019 06:40 AM Town Attorney Aaron D. Arnson 10/07/2019 09:41 AM Town Manager Grady E. Miller 10/07/2019 05:25 PM Form Started By: Angela Padgett-Espiritu Started On: 10/02/2019 05:15 PM Final Approval Date: 10/07/2019 ITEM 4. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 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: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council REPORTS (Agenda Language): PROCLAMATION - October as Domestic Violence Awareness Month Staff Summary (Background) Mayor Dickey will be proclaiming October as Domestic Awareness Month. Attachments Proclamation Form Review Inbox Reviewed By Date Finance Director David Pock 10/03/2019 06:40 AM Town Attorney Aaron D. Arnson 10/07/2019 09:41 AM Town Manager Grady E. Miller 10/07/2019 05:25 PM Form Started By: Angela Padgett-Espiritu Started On: 10/02/2019 05:31 PM Final Approval Date: 10/07/2019 ITEM 4. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 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: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council REPORTS (Agenda Language): PROCLAMATION - October 23 - 31, 2019, as Red Ribbon Week Staff Summary (Background) Mayor Dickey will be proclaiming October 23 - 31, 2019, as Red Ribbon Week. Attachments Proclamation Form Review Inbox Reviewed By Date Finance Director David Pock 10/03/2019 06:40 AM Town Attorney Aaron D. Arnson 10/07/2019 09:41 AM Town Manager Grady E. Miller 10/07/2019 05:26 PM Form Started By: Angela Padgett-Espiritu Started On: 10/02/2019 05:48 PM Final Approval Date: 10/07/2019 ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approval of the minutes of the Regular Meeting of October 1, 2019. Staff Summary (Background) The intent of approving previous 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 October 1, 2019, Regular Meeting. SUGGESTED MOTION MOVE to approve the minutes of the October 1, 2019, Regular Meeting. Attachments 2019.1001.TCRM.Minutes Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 10/08/2019 11:15 AM Form Started By: Elizabeth A. Burke Started On: 10/08/2019 11:03 AM Final Approval Date: 10/08/2019 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 1, 2019                  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Ginny Dickey Mayor Dickey called the meeting of October 1, 2019, to order at 5:30 p.m. and led the audience and Council in the Pledge of Allegiance.   2.INVOCATION/MOMENT OF SILENCE - Pastor Jeff Teeples, Shepherd of the Hills Lutheran Church Pastor Teeples came forward and gave the invocation.   3.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; Councilmember Mike Scharnow; Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan Magazine; Councilmember David Spelich Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Burke 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER    Councilmember Scharnow reported that two weeks ago he attended a luncheon with the Consular Corps of Arizona along with Enrique Melendez, former Councilmember and current Executive Director of that organization. They met with others including the honorary consul to Poland as well as Carol Carroll, Chairman of the Sister Cities Commission. Dr. Sybil Francis of the Center for the Future of Arizona gave a presentation. He also reported that last week he attended the Valley Metro Board Meeting. Councilmember Scharnow reported that last week he also attended a luncheon that was a brainstorming session on economic development with Mayor Oscar Gomez of Otaca, Mexico. They presented a plaque to the Mayor of Fountain Hills, and he then read the plaque and presented it to Mayor Dickey. Councilmember Tolis reported that he attended the Homecoming Parade which was nice and showed good community spirit. Town Manager Grady Miller reported that last week was Government Day with the Leadership Academy where he and department heads met with the 17 members of this year’s class and they were pleased to be a part of it. Mayor Dickey added that they had previously held a Leadership Academy reception which was well attended. She reported that they moved to “Plan B” with the Oktoberfest activities due to the weather earlier in the week and the park not being available for use. She said that they had businesses and service organizations step up and it was a nice event overall. Mayor Dickey reported that she had attended a MAG (Maricopa Association of Mayor Dickey reported that she had attended a MAG (Maricopa Association of Governments) Regional Council Meeting and they voted to wait to ask the Legislature for the go-ahead on the ability to ask the voters to renew Prop 400 to the 2021 session. Maricopa County, for the third year in a row, is the fastest growing county in the country so some of the mayors expressed interest in visiting the gas tax. She said that Gilbert Vice Mayor Cook presented at the meeting on Domestic Violence and while the Town of Fountain Hills will be recognizing October as Domestic Violence Prevention Month at the October 15 meeting, she presented each of the Councilmembers a purple ribbon at this meeting and asked them to bring it back for the future meeting.   A.PROCLAMATION - October 6 through 12, 2019, as Fire Prevention Week Mayor Dickey read a proclamation proclaiming October 6 – 12, 2019, as Fire Prevention Week in Fountain Hills.      5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   A.PRESENTATIONS by Arizona State Legislators of District 23    Mayor Dickey said that earlier in the year Councilmember Tolis had suggested that the state legislators for District 23 be invited to a Council meeting and tonight was the meeting scheduled for that report. State Representative John Kavanagh came forward to review what they have done this year in the State Legislature. He said that there were 1,318 bills introduced and of those, 331 got through committees and sent to the Governor where 11 were vetoed and 320 were signed. He said that 30% of the bills dealt with municipalities so he would report on those that may be more of an interest to Fountain Hills. He said that he sponsored a bill regarding the duty to report potential sexual abuse to children. Now, if a supervisor learns of abuse they must report it as well as the others already required to do so. The next bill, critical health information, gives a town council the ability to pass an ordinance to create a mechanism to place a decal on a car which would indicate to first responders that they have a medical condition and information on that condition will be available in the glove compartment. Another of his bills is animal cruelty which increased the penalty for extreme penalty to animals from a Class 6 to a Class 5 felony. The reason for this was that as a Class 6 felony (the lowest) they were able to sometimes reduce charges to a misdemeanor; now they cannot do that. They increased the types of records on which public officers could remove identifying information. Political signs for ballot measures, also his bill, was to add the loophole for tampering with ballot measures signs which previously only applied to candidate political signs. He said that another bill has to do with municipal elections, stating that a write-in candidate cannot advance to the general election ballot unless they received at least the same Town Council Regular Meeting of October 1, 2019 2 of 23 cannot advance to the general election ballot unless they received at least the same number of voters as signatures required on petitions. Another bill allows residents to go through the initiative process to impose term limits on election officials. Another election bill has changed the date of the Primary Election from the end of August to the first Tuesday of August, allowing more time for county recorders to do their work. Another of his bills was the online lodging and local taxation. This allows local municipalities to collect taxes on short-term rentals. The bill on TPT residential rentals requires that renters received first class mail notification if the sales tax rental fee increases. Tax Provisions Omnibus, in line with the Wayfair decision, now allows local municipalities to tax out-of-state vendors if there are more than $200,000 in sales with annual increases. The next is a change in the building code, requiring an adult changing table in large renovations. His premier bill, is the short-term rental regulations. He said that three years ago the legislature dropped all restrictions for things such as AirBnB which caused chaos. He said that Fountain Hills has had a lot of problems with party houses, and in Sedona 30% of their City is rental properties. He said that this jacked up long-term rentals and pretty much eliminated the ability of workers in Sedona to rent housing. He said that this bill takes care of the major abuses, to get rid of party houses, and provides for escalating fines for repeat nuisance ordinance violations. He said that they wanted to go farther, but this is a start. They also reinstated the State Parks Heritage Fund, although they did not fund it at this time. They adopted the statewide ban on texting while driving. As far as what is coming up, he plans to continue addressing the abuse on short-term rentals and expand the restrictions. Another major bill he wants is to create a website that lists the names of those people convicted of extreme animal cruelty to make sure people that are privately selling animals, as well as stores and breeders, do not sell to those individuals. Senator Ugenti-Rita then came forward and thanked the Council for the opportunity to address them. She said that one of her niches is that she enjoys constituent bills. She said that this last year they were fortunate to be in a robust economy with regard to the budget, but they do have to be careful because with increased revenue there is an appetite for increased spending. Her posture for the next session in this regard is that for any offset with revenues they have to have a tax cut. They passed a regulatory reform bill to eliminate the requirement to obtain permission for someone to blow dry someone’s hair. She said that the $32 VLT tax should have never happened. The way it happened violated their process, so they got that repealed. Town Council Regular Meeting of October 1, 2019 3 of 23 She said that her big topic area is election bills to protect the voter and election integrity. Today she testified at a US committee on election integrity which was a very lively discussion. Representative Jay Lawrence then came forward stating that he also ran the VLT bill, but Senator Ugenti’s passed. He, along with others, helped with the wild horse bill. If someone now wears and hood or mask when committing any kind of crime, the judge can enhance the penalty. He’s the chairman for the Military Veterans Affair Committee. He ran a bill that 90 people signed onto and was signed by the Governor, dealing with veteran suicide, to track those veterans without naming them, helping find a commonality to help fight against it. He said that a bill came before the Judiciary Committee that allows a doctor who performs a late-term abortion and the baby lives, it is up to the doctor to keep the body alive. They brought a bill before them saying that the doctor should not provide aide. Councilmember Tolis thanked them for their time in the Legislature and all they do. At the beginning of this year he brought up the issue of online sales. He thinks that for Fountain Hills, Amazon and many others that are taking away from retail sales, needs to have a tracking mechanism, with accountability for the large companies. He said that there is a lot of wear and tear on the streets. He asked that they address the issue of tracking those sales. Representative Kavanagh said that a large amount of the online sales are done through the larger suppliers which are easier to track and will be tracked by the Department of Revenue. He said that there is another organization that works with other states that tracks the information of smaller sellers so those identified as “bad actors” will probably be a bad actor in Arizona. Representative Lawrence said that the other bill he will be presenting in the coming year is a sanctuary city bill which will make it illegal to be a sanctuary city. Councilmember Magazine said that teachers are leaving in droves and being replaced with uncertified teachers. He hoped that the Legislature will take it under advisement and address that issue. Representative Kavanagh said that was a budget issue and they are all very proud of the fact that over the last three years they have given half of all new revenues to K-12 and the universities. They also did the salary increases of 20% over three years and that was well appreciated and deserved. Councilmember Magazine asked how they reconcile increases in revenues without giving more to the schools. A 20% increase sounds good, but from a low base. He said that Arizona is 49 th in the country. Representative Kavanagh said that when they discount certain handicaps they have such as the large number of non-English speaking students, if they look at the performance of their students, they are in the middle of the country. He said that this year they have $250 million projected in new ongoing revenue, and would predict that, true to form, half of that will go to the K-12 and universities. Town Council Regular Meeting of October 1, 2019 4 of 23 Representative Lawrence said that $15 million went to the Arizona Teachers Academy and $400,000 for the Quality Teacher Pilot Program. He said that they spent millions in addition to the 2020 raise and all republicans and only one democrat voted for it; all the other democrats voted against it. Mayor Dickey reminded the senator and representatives that they will be looking to the Legislature to help renew Prop 400, the transportation planning bill, and she hoped that when they get around to do that they will give it some consideration. Mayor Dickey said that Census Day is April 1, 2020, and whatever they can all do to get them counted, it is very important. She reminded them of the League’s resolutions adopted this year, and hoped that they will support those issues in the next session.   6.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.    Pam Aguilu, Fountain Hills resident, addressed the Council and audience reminding everyone that they need to be polite to one another and give people a chance to say what they want without being booed or hissed. She said that many have lived in town with a beautiful view that may be missed, but that is life. It is time to say yes to new revenue so they can take care of their streets and be fiscally responsible for the whole community.   7.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.    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine to approve consent Agenda Item 7-A.  Vote: 7 - 0 Passed - Unanimously   A.CONSIDERATION OF approval of the minutes of the Special Meeting of September 17, 2019; and the Regular Meeting of September 17, 2019.      8.REGULAR AGENDA   A.Daybreak Development:   i.Public Hearing    Mayor Dickey opened the Public Hearing. Town Council Regular Meeting of October 1, 2019 5 of 23  Mayor Dickey opened the Public Hearing. Development Services Director John Wesley came forward and began a PowerPoint presentation to address the following: REQUESTS GPA Minor Rezone LOCATION GENERAL PLAN AMENDMENT CRITERIA FOR REVIEW BACKGROUND GENERAL PLAN LANGUAGE REVIEW QUESTIONS SUMMARY Councilmember Scharnow said that given the fact that it is already zoned commercial, with the raw land prices, he asked if it was feasible in the development world to buy that higher-priced land and then put in single-family homes. He would think that would have been done already. Mr. Wesley said that single family may not work with the pricing of the land, but it would be appropriate for the land use. Councilmember Scharnow asked if it was appropriate for the Council to amend the general plan, but continue negotiations on the project. Mr. Wesley said that it is the Council’s prerogative; it they are certain that multifamily residential is the best use. Discussion was held on the whether multifamily should be used as a buffer between residential and commercial. Mr. Wesley said that there is no commercial piece with this development. Councilmember Scharnow said that it is a major arterial and there is commercial directly across the street. Mayor Dickey noted that the General Plan is developed with extensive public involvement. When they do it they have professional planners assist with its development and then it is ratified by the voters. If they were going to change the land use, she thought it would behoove them to have it for a specific project. She would caution them in doing that. She read from the lodging section of the General Plan that reads, “these sites are to be developed in a highly sensitive manner….” She said that if they do not change the General Plan, then those protections would remain with the property. Mayor Dickey said that in the report they talked about if they were going to change the General Plan, they should put exceptional design enhanced amenities. She did not see a recommendation in the beginning, but now she does. Mr. Wesley said that as staff worked on the staff report and went through the numerous variations of the project, they ended with a recommendation. Councilmember Spelich asked for clarification. From what he reads, they are saying that the number of units, per that footprint, are being calculated on the entire area. It seems like they are using the entire plot to figure the number of density when they are only building on 23 acres. Mr. Wesley said that he would get into that further on the zoning presentation. Councilmember Tolis asked Mr. Wesley for his definition of “exceptional.” Mr. Wesley said that has always been a bit of a challenge. Mr. Wesley then began the Rezoning Request presentation which addressed: Town Council Regular Meeting of October 1, 2019 6 of 23 REZONING OVERVIEW ELEVATIONS SITE PLAN CONCERNS TRAFFIC ANALYSIS Councilmember Magazine asked why a traffic signal was being proposed. Mr. Wesley said that the traffic report did include information on traffic counts. Councilmember Magazine said that the idea of a traffic circle does not appeal to him. Mr. Wesley said that it is what was proposed to address some of the citizen concerns. He noted that this was just a preliminary design. The Town Engineer did have some concerns with the grade and it would impact the project in requiring additional fill. DEVELOPMENT STANDARDS – Parking - MFU Mr. Wesley reviewed the parking, noting that the applicant has proposed a slight modified standard based on a study they did of other sites in Fountain Hills as well as surrounding communities.The Town Code requires 563 and they are proposing 481, a difference of 82 spaces. He said that this was not a big concern for staff; however, in the long term it could create some issues in terms of exceptional amenities. DEVELOPMENT STANDARDS– Parking – MFR Discussion was held on the lack of parking in the 55+ portion of the project. Mr. Wesley said that he would like to study this issue further. What he has seen is similar to other developments. Councilmember Brown said that every project coming before Council in the past 15 years has had an issue with parking. He has heard for 15 years that Fountain Hills requires more parking than other communities. Councilmember Scharnow said that for the Keystone project staff was willing to have parking out on Westby. This project it seems like staff is making an issue that the spaces are under. He asked why the dichotomy. Mr. Wesley said that in terms of number in the unrestricted area, there is not a big concern. If it does turn out to be inadequate, the development itself will be less desirable. Mr. Wesley said that within the age restricted area, they are proposing one parking space per unit, which seems to be a reasonable number. The concern staff has is with the distribution of those spaces. The townhomes have two-car garages, which leaves 76 spaces for 105-106. However, in the development agreement they indicate that they will be providing a shuttle service. They have also indicated on the site where landscaping could be turned into additional parking, if it is needed. He has not been able to review that. Councilmember Magazine said that it suggests that people in their 70’s and 80’s do not need more than one space. He and his wife have three vehicles. Mr. Wesley said that part of the concern from staff is that there will be some level of staff and visitors taking some of those parking spaces. Councilmember Brown said that he, too, has several vehicles but if he was going to move into that development he probably would not be able to maintain that number. He thinks that the parking issue is not a big deal. Mayor Dickey asked if it was fair to say that staff looks at particular projects and comes up with a position on parking. Mr. Wesley said that the Town’s ordinance is dated. It does not Town Council Regular Meeting of October 1, 2019 7 of 23 have anything to deal with senior or assisted facilities. He said that each project is unique. The ordinance is the ordinance unless they go through something like this that allows Council to consider a different standard. It is the developer’s perspective that they will have enough parking. DEVELOPMENT STANDARDS – CUT AND FILL Councilmember Magazine asked why they could not have 15 to 20 feet of fill, rather than what is being proposed. Councilmember Brown said that Firerock and Adero both had 27’ cuts. The difference between those and this project is that there will not be four million yards of dirt being transported down the roads. They are making the lot balance. Regardless of what the use, Council would be seeing the same presentation because they need to have a piece of ground that is buildable. Councilmember Scharnow noted that the roadbed itself for Palisades does not have a natural slope. Town Engineer Randy Harrel said that there was a considerable amount of fill brought in for Palisades in the 1990’s. The slopes there are not natural. Some have 50-60 feet of fill. Mr. Harrel said that they worked with the developers on the entrances and staff proposed moving the one to better line up with existing streets. He said that if a traffic signal was installed, it would be coordinated with the Shea/Palisades signal. Councilmember Brown said that they have tried forever to get a traffic circle near Town Hall; he is not sure why people object to them. The state likes them, the county likes them, he sees a huge benefit as it would allow Summit people to come and go and would slow down traffic on Palisades north and south, which he sees as a plus. Councilmember Magazine asked if they have comparative information on demographics on how many work and do not work. CUT AND FILL SLOPE/LANDSCAPE APPLICANT MODIFICATIONS STAFF ANALYSIS Mr. Wesley said that density has been an ongoing question—whether it should be based on the 23 acres or 60 acres. He said that it is a 60-acre site and they can move densities around to one location. Staff has looked at the PAD as being for 60 acres. Some may look at it differently. Councilmember Magazine asked if they have an updated design, as required in the “upgraded design and amenities.” Mr. Wesley said that they have not seen much in the way of details on the amenities. The design is minimal; not bad, but not exceptional at this point. Vice Mayor Leckrone asked if this was the complete list, or if there were other things that would be required as well. Mr. Wesley said that this was the list. Mayor Dickey said that if they take the density that way it does not seem like it would be a minor general plan amendment. She asked how that would not generate a major general plan amendment. Mr. Wesley said there are a few ways of determining density. If they had asked that the entire 60 acres be changed to multifamily residential it would have been, but they had up until 40 acres for multifamily before it would become a major amendment. They are only building on 26 acres. Town Council Regular Meeting of October 1, 2019 8 of 23 Councilmember Magazine said that there is a development in Town that, in his opinion and those of others, does not have proper colors. He asked what responsibility the Town has in working with the development on that aspect. Mr. Wesley said that Chapter 19 lists preferences in terms of color. Councilmember Magazine asked who selected the colors of Park Place. Mayor Dickey asked if that was something that could be spelled out in the development agreement. Mr. Wesley said that it is not currently in the development agreement, but if that is a concern it could be considered. SUMMARY Councilmember Scharnow said that the details are lacking and they need more approvals and reviews at the staff level. He asked if this was normal to not have more detail at this point. Mr. Wesley said that because there are not a lot of sites like this in town, they do have a big project and it becomes very expensive to go into a design detail before they get their final approvals. For a project this size, it is not unusual to see it broken down like this. Councilmember Scharnow asked if they could stipulate that the detail comes back through the Commission and Town Council for approval. Mayor Dickey said that the development would not go to Planning and Zoning Commission. If they got to that point, the work on the development agreement would be just the Council. Councilmember Spelich said that he would be interested to find out if the traffic study done considered the 1500 parking space garage at CopperWynd and Adero Canyon and the amount of traffic that is going to be generated by the resort. Mr. Harrel said that the traffic report did project increased traffic based on MAG standards, and that takes into account all of the projected infrastructure and building in the future; it does not cover specific projects. Mr. Miller said that it did not specifically include Copperwynd, but MAG has modeling software and the Town provided them traffic counts and development. All of the cities/towns use the MAG numbers. Mayor Dickey said that she does have faith in the MAG projections, but she asked if it was possible that MAG may not have known about this exact project. Mr. Wesley said that the development agreement is straight forward compared to others. It primarily reiterates what is in the PAD. Councilmember Scharnow said that they have had grading and blasting on other projects. He asked how it is regulated and what the procedure is. Mr. Wesley said that the soils study was done a number of years ago and they only went down 10 feet. They will be going down 30 feet. They do not know what they will find and it may require blasting. Part of their submission will include more details in the future. Councilmember Scharnow said that one letter writer recently said that the developer had asked to waive $1 million in development fees, and he asked if that was true. Mr. Wesley said that he was not aware of such a request. Councilmember Spelich said that he would be interested to know who was on the hook if there is structural damage done to existing homes from the blasting. Mr. Arnson said that it would not be the Town. Councilmember Brown said that there is a procedure that builders go through when blasting. Before any occurred, they would go to all residences within 750 feet and they will monitor it closely. He said that he had the privilege of building some of the casinos in Town Council Regular Meeting of October 1, 2019 9 of 23 Cripple Creek. They could blast a foundation and not even show a vibration on the building beside it. He said that it is so well managed and organized that in Firerock, where they were blasting within 300 feet, there was no damage at all. Any damage would be on the developer. Councilmember Tolis asked if it was fair to say that if this project were the resort, they would be asking the same questions with regard to traffic and blasting. Mr. Wesley replied that they would. Councilmember Tolis said that the way the current zoning code is written, they will either move forward or deny. Then another developer would have to go through the same process. Ultimately they will either resolve the challenges or the project is never going to be built. Councilmember Brown said that if they were to deny the project, every developer in the valley will know that they have denied a viable project in Fountain Hills, and if they think they will come back in the future, they are mistaken. Vice Mayor Leckrone told the audience that she has heard all of them and read all of the e-mails. She asked for the courtesy to share their thoughts. She said that it is a very difficult project and 50% of them are not going to be happy with whatever decision is made. Councilmember Scharnow said that they will be hearing tonight that the proposal is not compatible with the existing neighborhood. He asked Mr. Wesley if, in his professional opinion, he would say that a resort is compatible. Mr. Wesley said that there are different ways to look at that. There is a buffer between the uses. The overall scale and massiveness needs to be looked at. The lodging facility was a pretty massive development, but it wrapped around the hill and fit into it. He said that is somewhat subjective, but the separation helps with whatever the use might be. Councilmember Magazine said that not all of the e-mails were polite and a lot of them objected to apartments. Some talked of not wanting “riffraff” near them. Councilmember Brown said that 20 years ago when they did a preliminary submittal they had to bring in a full set of engineered drawings to Fountain Hills on any commercial building. At that point in time, these people would have had to spend $1/2 million just to submit. Looking at their preliminary design, he asked if they are going to bring back a full set of elevations and colors. If the answer was not yes, he would struggle with saying it was all okay. He said that they have been around long enough to know the hoops they are going to have to jump through. A break was held from 7:49 p.m. to 8:02 p.m. Paul Gilbert, representing the developer, along with Neil and Jeremy, said that he would first go over the project, then Greg Vogel would speak and then Jeremy Hall. He then began a PowerPoint presentation, Exhibit B attached hereto and made a part hereof. PROPOSAL With regard to density, Mr. Gilbert said that he has been doing this for 45 years and never in his career has he seen a project that had open space as part of the PAD, that did not count the entire property when counting the density. He said that open space is a major factor in determining the quality and exceptional aspect of the project. He said that 77% of their project is open space. He said that he has represented MCO out in Fountain Hills for a lot of years and they will find very few projects with that percentage of open space. They are allowed to disturb up to Town Council Regular Meeting of October 1, 2019 10 of 23 40 acres and still be a minor amendment, and they are only disturbing 26. Mr. Gilbert said that they have submitted over 400 signatures on petitions in support of the project, the opposition has more. Many that signed their petition said they did not like what is going on. They are before Council with a solid base of support from the Town. RESORT STYLE LIVING He said that they have been criticized for not having as many amenities. This project has good and more than sufficient amenities, and are willing to increase those amenities. With regard to architecture, he thinks that it meets the “exceptional” standard. He then compared the drawing with other developments in town. He said that they are very flexible with regard to colors. They tried to take the desert hue and use the outline in the design guidelines, but they are not wed to them. PROJECT RENDERING With regard to the General Plan, Mr. Gilbert said that they justify a minor amendment with this project. Much of the language presented tonight comes from the staff report itself. CHAPTER 1 – Introduction MISSION STATEMENT Strive for diversity in neighborhood…natural environment Have more open space…less disturbance Housing trends GOAL 5 –"...and preserve existing neighborhood from incompatible adjacent land uses" He said that if this hearing turns out like that of the Planning and Zoning Commission, they will hear a theme that “this development is incompatible with adjacent land uses." The staff report confirms that this development meets the standard. HOTEL NOT FEASIBLE Mr. Gilbert said that the General Plan has to be kept current every ten years. They are suggesting that a hotel is not feasible and then reviewed the reasons for that statement. He said that in the staff report for the General Plan, staff states that multifamily use for this property is a proper use. He then reviewed different views of the project compared with views of the proposed resort. PROPOSED DAYBREAK VS. APPROVED CONFERENCE HOTEL IMPROVED DEVELOPMENT STANDARDS IMPROVEMENT OVER HOTEL TO NEIGHBORS Mayor Dickey questioned the 77% of open space. Mr. Gilbert clarified that their open space included not only the open space surrounding the development, but landscaping within the project. STIPULATIONS Mr. Gilbert said that the Fountain Hills ordinance says that a developer can submit a plan in concept. They have gone beyond that, but they are within what the ordinance allows. Mr. Wesley said that if they approve the project, staff would like to see a list of stipulations, and Town Council Regular Meeting of October 1, 2019 11 of 23 they have agreed to abide by all of those. He said in between the Planning and Zoning Commission hearing and tonight, they have met with Mr. Wesley and gone through the entire section of the ordinance, line by line. He said that their agreement is not an agreement in ignorance, by with what is exactly in the ordinance and what Mr. Wesley says is required. In order to comply, they have to come back with another plan and they will do that. He said that they met with the neighbors to try and come to agreement, but it was not successful. In listening to the neighbors, they agreed to eliminate the assisted living component, provide a roundabout or traffic signal, and provide a shuttle. Additionally, he met with Mr. Wesley to show him where they can pick up additional parking spaces if they are needed. Greg Vogel, CEO of Land Advisors, then addressed the Council stating that he is the advisor to this site and has been for over seven years. They do have a lot of experience; altogether he has 32 years of experience and they are now the largest land brokerage company. They have worked on resort and resort sites. NEW RESORTS He said that they know what makes resorts work and it is not happening without golf, a casino, etc. They have spoken with flag companies such as Marriott, etc. and the brands were not interested. He said that they have busted through this in every direction and have not delivered one offer in seven years. The only thing that they could see is the use being proposed. There may be other uses, but it may be something that the Town does not want to see. At one time there was talk of a big box at this location. At this time, Jeremy Hall came forward and reviewed the main objections to Daybreak. MAIN OBJECTIONS TO DAYBREAK “Daybreak will hurt my property value” This site is approved for a five-story hotel There is no empirical evidence to support that multifamily hurts residential property values The more diverse the housing is in an area the better “Daybreak is way too dense” Will be the lowest of any other multifamily project approved in Fountain Hills to date “Traffic from Daybreak will be unsafe” A traffic study by CIVTECH Engineers was approved by the Town At peak, it increases to three trips per minute Only 16% additional traffic to Palisades Daybreak meets all ASHTO traffic standards Similar count as hotel, but without special event spikes “The senior living is under parked” In independent living facilities oftentimes residents give up their automobiles Fountain Hills does not have a parking standard for independent living With regard to the prior comment that the townhomes have two parking spaces, the garages are designed to lock off to allow for other residents to utilize them if not used by the townhome residents. Town Council Regular Meeting of October 1, 2019 12 of 23 “There is too much hillside cut” Previous zoning has already approved a 30-foot cut Similar cuts have been approved in other recent projects Westridge Village was a similar site and was flattened more “There is too much hillside fill and they’re filling in the washes” Previous zoning has already approved a 30-foot fill for 23 acres The additional fill is limited to small area at southern entry drive They are not filling major washes At the very deepest part there is 57 feet of fill, primarily due to the cut for Palisades “We don’t need more apartments” There is a shift in household formation Own vs. Rent NO DEVELOPMENT IS NOT AN OPTION WHY SHOULD THE TOWN SUPPORT DAYBREAK ECONOMIC IMPACT ANALYSIS Mayor Dickey then invited speakers forward. The following individuals spoke in favor of the development: •Rick Ponzo •Sharon Morgan •Cassie Hansen •Charles Bosnos •Andi Bell •Dori Wittig •Linda Kavanagh •Lina Belliner Comments received included: •Thank you for all of the effort being put in •The Council is looking out for what is best for Fountain Hills •What they are proposing with Daybreak is beneficial for the Town •They have to work together to make it the best project •Fully supports Daybreak •If former mayors and councils would have listened to all NIMBY’s they would not have the Fountain Hills they have today •They wouldn’t have Firerock, Sunridge, Community Center, •Make decision based on what is best for Fountain Hills •Much has been said on social media and the newspaper that apartments bring low-lifes and second-class citizens •She owned a home and after her husband died, chose to rent and she does not consider herself low-life or a second-class citizen •Base your decision on facts and benefits, not the dream of keeping it open space forever •The developer has compromised on everything requested of staff •Opponents have misrepresented this as “Park Place on steroids” •She voted against Park Place because she felt it was one story too high, architectural issues, etc. but it is 93% occupied •Studies show that apartments are in high demand by all ages •Attractive plan but aesthetically it needs some fine tuning (color, architectural style) •They will attract renters to this development that may eventually buy in Fountain Hills Town Council Regular Meeting of October 1, 2019 13 of 23 •This development will help with the shopping center where Fry’s is located •Both national and Fountain Hills statistics show that apartment rental demand is soaring •Many people 55-60 want to sell their home and just rent •Everyone that built around this development since 2007 should have known it was zoned for a five-story resort •To eliminate some of the excess commercial zoning downtown, Plat 208 was rezoned, now providing 500 new residents to that area. •Fountain Hills needs more young people; they need diversity of families and it is hard for them to get a foothold •They have been told for years that the Town needed a new revenue source; the primary property tax was voted down tourism projects were proposed and people did not like them; rental income is steady and gives the Town a steadfast revenue •Families oftentimes rent; when they lost Four Peaks Apartments to Condos, the next year the school district lost 200 students •Business community needs more people to sustain their businesses •Daybreak will be in compliance with the Dark Sky Ordinance; a resort will not •Jeremy Hall and his business are the epitome of trustworthiness •The developers are cooperating to reach higher standards for the community • Daybreak was designed with a heart and soul and mission to keep community standards •Currently there are only 23 homes under $325,000 and of that only three are single-family • How many other long-time residents have been faced with finding a smaller home or rental? Comment cards were received from the following individuals in support of the development: Kathy Ruebusch, Janet Amaral, Bill and Terry Larkin, Alice Novoty, Sharron Grzybowski, Petitions in support of the project were submitted (Exhibit C attached hereto and made a part hereof). The following individuals spoke against the development: •Bob Courtney, President of Westridge Homeowners Association •Robert Hahn •Stephen Messel •Barbara Goldstein •Emily Hemphill •Erica West •Michael Webb •Anne Traynor •Georgeanna Zoros •Stephanie Czopp •Scott Seidler •Reggie Court •Larry Goldstein •Patricia Green •Christian Webb •Nancy Stevens •Kristin Skivington •Michelle Webb •Tim LaSota •Denise Ricketts •Carol Kelso •Karen Bishop •Larry Hering •Phil Parrish Town Council Regular Meeting of October 1, 2019 14 of 23 •Larry Meyers •Kenneth Gibbs Comments received included: •The plan is inadequate; a complete plan should be brought back through the entire process again •Speed limit on Palisades is not followed •Now talking about a roundabout or traffic light close to Shea; should be at the north entrance •45% of cars and trucks coming in and out of town use Palisades; this development will compound that •The entrance into the development is so dangerous the developer is now talking about installing a roundabout (like the one in Scottsdale near Costco) •Should require the enter/exit lanes to be located within the development •Stated objective of developer is to provide rental income with 400 apartments, 270 of which are not age restricted with average rent around $1,750. The other 130 will be age-restricted with rents of $5,500 or higher providing two meals a day, transportation, entertainment, hair salon, movie theater, pool, bocce court, library, everything associated with assisted living •Why would young people want to live next to those in independent living? •This is one of the last areas available in town for development of a resort •Resorts provide one job for each guest room—over 200 jobs •Does not agree that there has to be a golf course for the modern traveler to want to stay at a resort •Stick with careful planning A break was taken from 10:00 p.m. to 10:12 p.m. •Their town is about natural beauty, serenity and open space •Don’t vote to destroy God’s work on a gamble •Be patient; be smart •Vice President of accounting and finance for a local resort •Multifamily housing is the lowest revenue generator; will be losing $431,000 a year and losing employment potential •Let the new Economic Development Director work on getting a resort to that location •Lives in Westridge and not opposed to development •Multifamly should be encouraged to be close to town centers •There are good senior living providers and predatory ones •This property is the grand entrance into Fountain Hills •Daybreak’s proposal will increase land traffic •The Council is opposed to the changes to FAA flight patterns •The Council has already approved a single-family residential rental development in downtown near Ace Hardware; they will be shopping nearby •The Daybreak development does not have restaurants or shopping nearby •Noise levels will rise •Before they bought their property they were told there may be a boutique hotel at this location •Developer’s motivation is money and profit •His family lives in Fountain Hills; he just bought a townhome in the Arcadia area because he wanted to live near people his age •The developers are not going to be able to bring millenials to Daybreak •There is no walkability and no social life •Fountain Hills contains different communities, but within a broader community of Fountain Hills Town Council Regular Meeting of October 1, 2019 15 of 23 •This development is a quick fix for revenue but has long-term impacts •Work with a local 501C3 to purchase the property and deed it to another entity •The Development Services Director was recommending denial of this development in the beginning and she wonders why it has changed when no changes in their submittal have occurred She is also speaking for 135 people; she called people from all over the town to get their opinions •Concerns with infrastructure, water supply, traffic, etc. •He was representing homeowners in The Summit and the burden is on the applicant to justify their request for change in zoning and they are coming back with the commitments after the fact •Was at a recent seminar where Bill Gray spoke about the appreciation of property in Paradise Valley being at 6%, while it is only 2% in Fountain Hills because of the lack of jobs in Fountain Hills •Served six years as a state representative in Wisconsin and served four years as an elected county executive who had a planning department reporting to her and also ten years as President of the Brown County/Green Bay Planning Commission •She is a good government person; they need a development plan •They are requesting 13 exceptions to the General Plan •Critical to look at the development agreement; they are being given ten years •They are giving us a one-year guarantee for all of the improvements •The development agreement does not address the need to pay all development fees •Prop 207 is being weighed by everyone •I think there’s a shuffle going on; this is going to be assisted living •His mother has been in four different homes over 14 years •Quoted Councilmember Tolis regarding the schools and the need to increase business •Quoted the Economic Development Director regarding the Science Discovery Center •Keystone had its act together and presented what was required with no exceptions Ms. Burke reported that between speaker cards, comment cards and petitions, they received 408 in favor of the development and 678 opposed as indicated herein. Comment cards and petitions opposed to the development were received from: Jim Mathews, Suzanne M. Bertino, James Buxtan, Karin Bishop, Marisa Phillippi, Pete Lucchere, Christa Lucchere, Dennis DuBose, Tom Haeberer, Sheila Corzine, Marti Parrish, Kathy Paterson, Art Patterson, Arnold Dulak, Susan Owens, Diana Lee Mary, Lee Stedgrave, Marianne Kulekowski, G. Zingsheim, Sharon DuBose, Ruth Welbarn, Maria Gregory, Andrea Bioletto, Jessica Rintala, Gerald Morgan, Elizabeth George, Loren Edwards, Sandy Beggs, Harry M. Berss, Deborah DeRose, Linda Frisk, Richard Hippner, Judith Hippner, Yossi Czopp, Judy Weir, Carl Weir, Alice Naskey, Beth Court, Sandy Schmitt, Therrin Clark, Joy Bummes, Linda Cronin, Joyce Hansen, Sandy Clark, Ron Grabowski, Harry Hunter, Robin Hunter, Joan Schultz, Robert Schultz, Bud Kramer, Vincent DeRose, Debrah DeRose, Pat Rousseau, Al Rousseau, Barbara Timmers, Larry Timmers, Nat Van Kuron, Judi Van Kuren, Merry Jones, Cari Grifo, Paula Grifo, Nancy Jones Dwyer, Madge Joyce, Joe Joyce, Alice Prybycin, Jerry Prybycin, Jane Ziegler, Mike Ziegler, Paula Kuyat Mason, Dorothy Verbal, Claude Verbal, Beverly Quinn, Dennis Dowbing, Judy Conrad, Adam D’Raefeal, Courtney Stob, Larry Mallek, Mary Lou Crane, Suzanne Luzinski, Cheryl Lansing, Ron Lansing, Dove Huggins, Julie Tribbery, Tamara DiBois, Dan Danowski, Russell Bonagade, Marilyn Campbell, Thomas Campbell, Donm Bender, Sue Anger, Russ Anger, Jim Winn, Nancy Chaimson, Elaine Dowling, Caroline Hansen, Alan Crane, Kim Mergen, Tom Mergen, Gary Gremo, Darvel Hansen, Diana Mallek, Robert Black, Stule Bergeson, Carol Bender, Patt Wells, Nancy Tueit, Leigh Bushman, Ione Bushman, Crystall Ebbinga, Sheila Nichols, Margaret Melanski, Jim Bertucci, Will Watson, Carol Quin, Kait Buschmann, Martha Cranson, Sally Buschmann, Sharon Black, Ted Black, Bob Budd, Judy Budd, Cathy Bertucci, Richard Craven, Regina Seojbowski, Lynn Singer, Charles Melanski, Richard Brooks, Kathy Brooks, Rosemqary Town Council Regular Meeting of October 1, 2019 16 of 23 Boagude, Joanne Wukter, Ron Heit, Rich Pitman, Beth Pitman, Sandra Schmitt, Carma Blackburn, Kristi Kane, Fran Intervallo, Darline Leader, Robert Watson, Lou Slojkowski, Ron Wells, Patricia Wainwright, Micki Klos, Reed Connelly, Vicki Marsten, Dave Fields, Patti Fields, Monica Starck, Dan Starck, Gary Timmers, Gloria Kramer, William Parsons, Barbara Cardinal, Joyce Stelink, Lynn Anderson, Fred Anderson, Richard Farysthe, Patricia Forysthe, Robert Struve, Linda Strive, Steve Conrad, Al Siebel, Shirley Grabowski, Sandy Kousc, Pat Bressner, Clairs Padelford, Dan Padelford, Barb Cruz, Pauline Morris, John Morris, Linda Kester, Dennis Kester, Barbara Cale, Robert Cale, Mohammad Alomari, Bethany Berkseth, Analyda Shooks, Joe and Beth Marino, Bara & Philip Sargenti, Jayne Wrier, Maria Petton, Laura Crane, Murray Jones, Pete Pennell, Greg and Addioe Brandelanz, Bob Hawkinson, Louis Walters, Dave Coates, Gail Hallstrom Pape, Tim Taylor, Rose Hansford, Nancy Siebert, Laura Crane, Lori Coates, Greg Woo, Terri Blatchford, Katharine A. Cobin, Bill Fawner, Alice Fawner, Gail Christensen, Bryan Barkley, Steve Kern, Karen Kern, Doug Kurzydlo, Dennis Tam, Yayoi Baskind, James Baskind, Paul Baskind, Robert Baskind, Cathay Fischer, Bery Fischer, Pete Brock, Jeff Poynter, Angelita Serrano Vargas, James Seyb, Barbara Moore, Jerry Greene, Dave Studer, Lyn Lajiness, David Lajiness, Kenneth Gibbs, Wendy Ann Saint, Marjorie Laks, Robert Humel, Michele Erickson, Brenda Haeberer, Linda Bennehoff, Brenda Badenherst, Abel Bandenhurst, James R. Erickson, Candace Goodwin, Richard Rench, Melissa Vuksanovic, Robert Purinton, Joanne Dunleary, James Fenalley, Ruth Ann Smith, Wesley Smith, Shirley Fischer, Mary Beth Finlay, Scott Finlay, Craig Dicker, Trish Dicker, Wendie Waddell, Roc Caldarella, Nancy Scimone, Stephen Seimore, Kathy Rock, Lori Lavender, Sari Lewis, Keith Lawson, Vince Ritchie, Anne Larkin, Vincent Larkin, Tony Reimawn, Margo Morgan, Jim Morgan, Evan Sutton, Jennifer Dueker, Donnie Duecker, Diana Dueker, Sara Foster, Gabe Foster, Lisa Sutton, Rose Ann Sutton, Lyman Sutton, Karen Klaassen, Tom Haeberer, Cynthia Zagurski, Sherry Irwin, Bob Jarobins, Anita Rock, Dominick LaBate, Esther Jacobins, Marty Courtney, Ken Rock, Don Irwin, Barbara Adams, Karen Zubert, Linda Frisk, Lucinda Cords, Michael Cords, Maggie Iverson, Dennis Iverson, David Vuksunovic, Arlene Mehok, John Mehok, Peter Wilk, Linda Wilk, Barbara Peck, Kathleen Geiger, Daniel Geiger, Robert Brickway, Shirley E. Brickway, Holly Messel, Beth Court, Dcharles W. Stevens, Patty Reyes, Art Reyes, Vicki Sanders, Preston Sanders, Michae4l G. Lewis, James C. Green, Eileen Lewis, Liz Hahn, David Lonin, Donna Lyons, William Lyons, Helen Houck, John Houck, Renee Seidler, Tracy Hurley, Norman Hurley, Barbara Hadland, Gary Barries, Teresa Russo-Cox, Terry D. Cox, Mary Endorf, Verlena Lynn Endsef, Christa Kennedy Lucchere, Pete Lucchere, Cindy Mattish, Elise Cash, Bruce Cash, Susan Jackson, Barbara Thahman, Bunny Conley, Carol Malinski, Robert Langer, Diana Langer, Josh A. Loyny, Al Cornell, Peggy Gauthier, Charles P. Gauthier, Johanna M. Gonce, James T. Gonce, Charlotte Kasabuski, Dianna Pierce, John Pierce, Joan L. Morrison, David C. Morrison, Kristin Bio, Christina e. Abid, Daniel Treynor, Mustafa Elabin, Anna El Abid, Lonny Rosen, Terru Lyons, Dan Berg, Morton Mitchelle, Jean Harris, Shelly Richardson, Karen Huske, Terri Cargala, Liam Beaner, Yvonne Shields, Ron Base, Brendan McCarthy, Jim Skivington, Nath Brock, Jerry Winters, Judy Hines, Jodie Winters, E. M. Latham III, Linda Bauerle, Don Scott, Kyrsta Nangi, and Sharon Latham. Petitions in opposition to the development (Exhibit D attached hereto) were submitted. Mayor Dickey closed the public hearing at this time.    Vice Mayor Leckrone asked the developers if they wished to rebuke anything said by the prior land use attorney from California. She also asked why they were asking for 55+ housing. Mr. Gilbert said that the land use attorney from California was questioning why they were not complying with the General Plan. He said that they were not, which is why they were requesting a minor amendment to the General Plan, which is permitted through the zoning code. He would leave the answer on why they were including the 55+ to be Town Council Regular Meeting of October 1, 2019 17 of 23 answered by Mr. Hall. Mr. Hall said that they will have two separate communities, gated separately. They felt that 400 units of garden apartments was too many for a community this size. They felt that 270 was more of the right size and with 52% of the existing population being over 55 years of age, they are adding the 55+ units. Vice Mayor Leckrone asked Mr. Hall if their intention was to develop the property or sell it. Mr. Hall said that their intention was to develop. They will stay with the project until it is complete. Mr. Brown said that makes a huge difference to him. He said that if they were going to turn it over to another group to do the building, he would be concerned, such as with Summit that is 15 years old and still not complete. Mr. Hall said that a rental project like this is all done at one time. Councilmember Magazine said that it was stated that if this was approved, only staff would deal with the development agreement. Mr. Miller said that is the typical process. He said that if the Council makes changes, staff will ensure it is done that way. He said that the development agreement has a lot of references to the PAD. Councilmember Magazine asked what the process is for collecting the development fees. Mr. Arnson said that it is spelled out in the development agreement at Section 7.10, “payment…all applicable charges prior to issuance of permits. Mr. Ginsberg said that he was involved with Copperwynd from 2007 to 2015. They also built Ridgeview Apartments in the mid 1990’s and were with them until three years ago. He said that their record speaks for itself. Councilmember Scharnow said that the original PAD submittal, exhibit 11, showed a view of the project from the top of the hill by Summit. The garages portrayed shown no architectural features. Mr. Hall said that was a very early rendering. They have been at this for a long time and have gone through three different leaders in the Planning Department. At the direction of Bob Rodgers, he did not want to see that detail so that is what was submitted originally. Subsequent leaders requested additional renderings and they were submitted. Councilmember Scharnow said that he cannot say that he is a huge fan of the 55+ component, and there may be some additional parking in order. Mr. Hall said that if they need to find more parking they can. The parking ratio is taken directly from the market. They could probably find another 6-12 spaces if they were needed. Vice Mayor Leckrone said that in the staff report it was mentioned that some of these details would be worked out with staff. It was noted that this would normally be agreed to by staff, but she asked if it was possible to have those plans come back to the Council for approval. Discussion was held on the ability to amend the ordinance and adopt with a change that the development plan come back to Council for approval. Mayor Dickey asked if they could go through the development agreement if there are things they still feel uncomfortable about. Perhaps they could postpone approval of the development agreement and have a further executive session on that topic. Councilmember Scharnow said that he would be in favor of having the development plan come back to Council in light of the opposition and his interest in making the developers do what they say they are going to do. He would also like to have them consider a traffic signal Town Council Regular Meeting of October 1, 2019 18 of 23 and consider the parking. Councilmember Brown said that they have had two traffic studies done and neither one is asking for a signal. The Town’s engineer is saying that they do not need it. He said that they would want to look at that carefully. They could put that $750,000 into another part of the development. Vice Mayor Leckrone said that the statement made about good governance did impact her thinking on the development plan and she would like to see it come back to Council again for approval. Discussion was held on how much time would be needed for the developer to address the checklist and bring back a final plan. It was agreed that it would be done within a year, prior to December 2020 so that the current Council would be voting on it. Councilmember Brown said that this is the first step in the process. They heard from the sales representative that in seven years they have not had any interest in lodging. It is wishful thinking that they are going to get a resort proposal. He supports Copperwynd and Fort McDowell and the downtown could benefit from those projects. He is in favor of this project. Councilmember Tolis said that there are pros and cons to this development, but it provides a feeder. In his neighborhood there were older residents that sold their homes and they had families move in. Mayor Dickey said that she is not ready to give up on the idea of something happening on this property. The General Plan designated this project as lodging and the citizens voted on it. Residents have purchased their homes with the understanding that there may be a resort located there. She said that the Planning and Zoning Commission voted to deny the request and made that loud and clear. She said that approval of this project as they are seeing it would allow grading now with no vertical for up to ten years. . Councilmember Brown said that there is a difference between those wanting to do a resort and this application. These guys have the money and are ready to do the work. If they do not move forward they could wait for another 30 years. He said that every time they change anything there are vigilante groups that are well oiled and well informed that fight it. He was voted in to watch out for all of the town and not the two percent. He said that it is his fiduciary responsibility to look out for the Town. Councilmember Magazine said that this was only the second time he has read a statement. He has always been a pretty decisive person. He cannot remember a time when he has been so indecisive. He did not make up his mind until today. He read the staff report and the position of the Planning and Zoning Commission. On one hand, approval could provide inexpensive housing for teachers and workers and provide much needed revenue. On the other hand they have a General Plan approved by the citizens, although it is nearly ten years old. He said that he has been vocal in opposition to having to perform a legislative mandated plan at a cost of $150,000. The staff report asked us to consider if the change from lodging was appropriate and beneficial to the Town, and if so if a change to multifamily residential provided an equal or better opportunity. Councilmember Magazine thanked the citizens that sent them well written pro and con statements. A few of them, for some reason, have been accusatory or demeaning. Nowhere in the Code of Ethics does it say that they have to accept abuse. Some Town Council Regular Meeting of October 1, 2019 19 of 23 commented on renters. Despite their occasional differences, he has only the best of Town in his mind when considering an issue. Councilmember Spelich said that it is stated that this proposed amendment is a minor amendment; he believes it is a major one. He also believes that disregarding the people they interviewed and nominated to the Planning and Zoning Commission is an insult to them. He said that in 2008 when he decided to retire from the Police Department in Chicago what brought him to Fountain Hills was that location at Palisades and Shea. He knew this was the place he wanted to retire to. They bought a house in 2009 and moved here in 2014. He believes that this is not a good location for this development and they are definitely not sticking to “keeping the environment” by blowing up a hill. Vice Mayor Leckrone said for her the issue is whether the Town can benefit, and she believes that it can. They want to encourage developers to come here. She has been on the Council for a year and so much has been about revenue. They have heard facts on both sides and opinions. They have also heard some real estate agents say there is a need for more rental. They all want more businesses; they need a place for customers and workers. She said that she does like the Mayor’s concern for the homeowners, but when someone buys next to vacant land it may be developed. She was on the Planning and Zoning Commission when they approved the resort. She would have loved to have seen a resort, but they are there today and do not have anyone. They could wait, but there is no revenue for waiting. Vice Mayor Leckrone said that does respect the Planning and Zoning Commission; she was on the Commission. She said that as she read the minutes she did not understand their reasoning for their votes. Coming to the meeting tonight she was looking for information. She does respect their position, but sometimes they may not always agree. She said that they as councilmembers have to trust staff and respect what they tell them. They rely on them and on the information they bring, not speculations, hopes or rumors. Councilmember Tolis said that he did not come with a prepared statement; he wanted to be very open and hear all of the presentation. They have three options; one is to move forward and trust developers to be honest and forthright. He could not think of any other developer than Jeremy Hall and his team to do that. They have brought amazing properties to Fountain Hills. The Planning and Zoning Commission has voted down many other projects. If they were always going to be in step with the commissions, they would not have the Fountain Hills they have today. He said that a lot of information tonight has been tweaked, revised, updated, as the developer is going through the process and it can be seen that they are doing everything possible to comply with the Town to create this project in a way that will work with the community and outreach to the neighborhoods. He said that if they do not move forward, they can hope for a potential resort. He would love to see that property with a beautiful resort, but times are changing and development is happening. They will still have that same beautiful view the feeling on arriving in Fountain Hills. The traffic arguments were not compelling. He said that the three arterials will continue to have more and more traffic; maybe people will use other routes. He said that this is going to have beautiful amenities with walking paths and open space. Town Council Regular Meeting of October 1, 2019 20 of 23 Councilmember Brown told Councilmember Spelich that during the eight years he was on the Planning and Zoning Commission, at least once a year the recommendations sent by the Commission to the Town Council would be overturned. The Commission is looking at an issue strictly from the planning and zoning aspect—not taking into consideration the overall picture of the town.   ii.CONSIDERATION OF Resolution 2019-39, a proposed Minor Amendment to the Town of Fountain Hills General Plan 2010 to change the land use designation on approximately 23 acres of land located on the east side of Palisades Boulevard north of Shea Boulevard from Lodging to Mulit-Family/Medium. If adopted, the amendment will allow for multi-residential development. (Case # GPA2019 - 01)       MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Art Tolis to adopt Resolution 2019-39.  Vote: 5 - 2 Passed  NAY: Mayor Ginny Dickey  Councilmember David Spelich   iii.CONSIDERATION OF Ordinance 19-03, a proposed amendment to the Town of Fountain Hills Zoning Map. If adopted, the amendment would rezone approximately 59.79 acres at 10825 N Palisades, from the “L-3 P.U.D.” and “OSR” zoning districts to the “Daybreak PAD” zoning district. If approved, the rezoning will allow the construction of an apartment complex with up to 400 dwelling units. (Case #Z2018-10)       Mr. Arnson said that he heard there would be a modification needed to be made to the ordinance before adoption to reflect the change discussed earlier, adding a condition that the complete development plan come back before Council before December 1, 2020. Mr. Wesley asked for clarification on whether the development plan would have to go back through Planning and Zoning Commission as well. Councilmember Brown said that it would come directly to the Council.    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Art Tolis to adopt Ordinance 19-03 with the modified stipulations (a-Ensure compliance with the Daybreak Development Plan approved with this P.A.D. except as modified below; b-Ensure compliance with the Town's adopted codes, requirements, standards and regulations, except as specifically stated in the Daybreak PAD Development Plan, to be approved by Town Council, c-Before December 1, 2020, amend and submit for review and approval by the Town Council, a development plan that complies with the following: i-Cause all buildings to be set back at least 25' from the property line or the height of the building, whichever is greater. Buildings A and B do not currently meet this requirement; ii-Provide greater connectivity from the trail around the MFU area into apartment area; iii-Provide a pedestrian connection from Building Q to the amenity area; iv-Improve pedestrian connectivity from the northern apartment buildings [A, B, C, D, E, & G,] to the amenity area; v-Upgrade the design and amenities to meet the General Plan requirement for exceptional design and enhanced amenities; vi-Provide extensive landscaping along Palisades Boulevard that exceeds the minimum requirements set forth in the Subdivision Ordinance; vii-Remove all reference to assisted living from the PAD narrative; and viii-Provide a traffic control solution, either a roundabout or traffic signal, at the intersection of Palisades Boulevard and Valley Vista Drive as approved by the Town Engineer.  Vote: 5 - 2 Passed   Town Council Regular Meeting of October 1, 2019 21 of 23  NAY: Mayor Ginny Dickey  Councilmember David Spelich   iv.CONSIDERATION OF Resolution 2019-52 approving a Development Agreement associated with the Daybreak P.A.D. rezoning located at the northeast corner of Palisades and Shea Boulevards.       Brief discussion was held on the ability to postpone action on the development agreement as it references the PAD that is not complete. Mayor Dickey said that if they do not postpone action, then they need to discuss it in public. Councilmember Scharnow said that he did not understand the need to move forward with the development agreement tonight. Mr. Gilbert said that they need the development agreement as soon as possible so they can go forward with their financing. Also, there is a provision in the development agreement that talks about a roundabout. He said that there has been opposition to the roundabout and they would like to amend the agreement to remove that stipulation. Mr. Wesley noted that the roundabout was part of the ordinance that was just adopted.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis Brown to reconsider item 8-A-iii.  Vote: 7 - 0 Passed - Unanimously    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Art Tolis to adopt Ordinance 19-03 with the stipulations previously stated, removing modification viii (roundabout).  Vote: 5 - 2 Passed  NAY: Mayor Ginny Dickey  Councilmember David Spelich    Mayor Dickey said that she still had a lot of questions about the development agreement and she would like an opportunity to discuss it further in executive session and bring it back for consideration. Council concurred that they would postpone action on the development agreement, but would bring it back as soon as possible.   9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.   10.ADJOURNMENT    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis Brown to adjourn.  Vote: 7 - 0 Passed - Unanimously    The Regular Meeting of the Fountain Hills Town Council of October 1, 2019, adjourned at 12:25 a.m. (October 2, 2019).     Town Council Regular Meeting of October 1, 2019 22 of 23   TOWN OF FOUNTAIN HILLS _______________________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________________________ Elizabeth A. Burke, 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 1st day of October, 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of October, 2019. _____________________________________ Elizabeth A. Burke, Town Clerk Town Council Regular Meeting of October 1, 2019 23 of 23 ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a Special Event Liquor License application for the Sunset Kiwanis Club of Fountain Hills (Margaret Ziefert) for a fundraiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, Friday, March 6 through Sunday, March 8, 2020. Staff Summary (Background) The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Margaret Ziefert representing the Kiwanis Club of Sunset Fountain Hills, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. All applicants are required to submit a Town alcohol application and pay the special event alcohol $25 fee. Once the fee is paid and the application approved by Town staff, the applicant submits the Arizona State application for a Special Event Liquor License to the Town for Council approval. After approval by Town Council, the applicant submits the State Special Event Liquor License application to the State. Once approved by the State, the applicant forwards the liquor license to Town staff. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval SUGGESTED MOTION MOVE to approve Attachments Liquor App Thunderbird Artists Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 10/01/2019 02:43 PM Town Attorney Aaron D. Arnson 10/01/2019 04:18 PM Town Manager Grady E. Miller 10/07/2019 05:24 PM Form Started By: Linda Ayres Started On: 09/23/2019 11:40 AM Final Approval Date: 10/07/2019 ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Mike Fenzel, Community Center Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving one Special Event Liquor License application submitted by Jelaine Goldapper, representing the Fountain Hills Unified School District PTO, for a fundraiser to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, 85268 on February 29, 2020, from 6 pm to 11 pm. Staff Summary (Background) The purpose of this item is to obtain Council's approval regarding the Special Event Liquor License application submitted by Jelaine Goldapper, representing the Fountain Hills Unified School District PTO, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of the application as submitted. All applicants are required to submit a Town alcohol application and pay the special event alcohol $25 fee. Once the fee is paid and the application approved by Town staff, the applicant submits the Arizona State application for a Special Event Liquor License to the Town for Council approval. Once the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. Related Ordinance, Policy or Guiding Principle A.R.S §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval Staff recommends approval SUGGESTED MOTION MOVE to approve Attachments Application Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 10/01/2019 03:01 PM Town Attorney Aaron D. Arnson 10/01/2019 04:18 PM Town Manager Grady E. Miller 10/07/2019 05:25 PM Form Started By: Mike Fenzel Started On: 10/01/2019 10:30 AM Final Approval Date: 10/07/2019 ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF appointments to the Board of Adjustment. Staff Summary (Background) The terms of three members (John Kovac, Nick Sehman, and Daniel J. Halloran) of the Board of Adjustment expired in January 2019. Notice of these terms was advertised in the Fountain Hills Times during the months of June and July, and also on the Town's website. One incumbent did not wish to be considered for reappointment. Two of the three incumbents were interviewed on September 23, 2019, by the Council Subcommittee. A new application has been received since that time, but the subcommittee will not be able to interview him until after this appointment. Since the proposed changes to most of the boards/commissions have three year, staggered terms, ending in either April or October, staff is recommending that the terms for the appointments made to this Commission end in October of 2022. Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Make two appointments for three-year terms ending October 2022. SUGGESTED MOTION MOVE to appoint _________ and _________ to the Board of Adjustment, with terms ending October 2022. Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 10/08/2019 11:48 AM Form Started By: Elizabeth A. Burke Started On: 10/08/2019 11:21 AM Final Approval Date: 10/08/2019 ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Jeff Pierce, Streets Superintendent Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the purchase of one (1) 2019 Ford F750 Regular Cab Dump Truck. Staff Summary (Background) The Town (Public Works) currently has one (1) dump truck that is 15 years old. The equipment is currently used for a variety of important day-to-day maintenance activities for the Town. These activities include debris removal (dirt, rock, concrete & asphalt.), landscape installation & removal (overgrown vegetation, ground covering) as well as landfill transport of refuse abatement. The purchase of this vehicle follows the guidelines of the Vehicle Replacement Policy. The Vehicle Replacement Policy adopted by Town Council provides direction and guidance on the evaluation, selection and multi-year scheduling of vehicle replacements based on a projection of available budgetary resources and the vehicle's age, mileage, engine hours and repair costs. The objectives of the program are to: Ensure the timely purchase, repair and replacement of the Town's vehicles; Serve as a link in the Town's planning between the Town's operating and capital budgets; Maintain control over the Town's long term cash flow in relation to the Town's financial capacity; Ensure efficient, effective and coordinated vehicle acquisition and replacement per the Vehicle Replacement Program Policy and that the guidelines below are utilized. Vehicles may also be replaced due to excessive maintenance and repair costs. Heavy Duty Vehicle - 15 years Equipment selected for replacement will be sent to auction with the proceeds deposited into the Vehicle Replacement Fund Related Ordinance, Policy or Guiding Principle Vehicle Replacement Policy Risk Analysis Without this dump truck, there could be significant delays for day-to-day Town maintenance for both Without this dump truck, there could be significant delays for day-to-day Town maintenance for both Public Works & Community Services along with availability/cost restrictions of rental equipment. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval to purchase one (1) 2019 Ford F750 Regular Cab Dump Truck. SUGGESTED MOTION MOVE to approve the purchase of one (1) 2019 Ford F750 Regular Cab Dump Truck in the amount of $83,815.83. Fiscal Impact Fiscal Impact:$83,815.15 Budget Reference:408 Funding Source:VRHURF-8010 If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 09/17/2019 11:59 AM Town Attorney Aaron D. Arnson 09/23/2019 07:42 AM Town Manager Grady E. Miller 10/07/2019 05:23 PM Form Started By: Jeff Pierce Started On: 09/17/2019 09:56 AM Final Approval Date: 10/07/2019 1 Contract No. 2020-033 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND DON SANDERSON FORD, INC. D/B/A SANDERSON FORD THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of October 1, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Don Sanderson Ford, Inc. d/b/a Sanderson Ford, a(n) Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the State of Arizona (the “State”) entered into Contract No. ADSPO17-166123, dated March 31, 2017, and as modified by all amendments and change orders thereto (collectively, the “State Contract”), with the Contractor for the purchase of new vehicles for the State of Arizona and participating eligible agencies. The State Contract is attached as Exhibit A and incorporated herein by reference to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the State Contract, at its discretion and with the agreement of the awarded Contractor, and the State Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the State Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with a 2019 F750 (5 yd) Ford Truck (the “Materials and Services”) and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 31, 2020 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the State Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the 2 “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the State Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the State Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Contractor shall provide to the Town the Materials and Services under the terms and conditions of the State Contract and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the State Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non- conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel any work order within a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor an amount not to exceed $83,815.83 for the Materials and Services at the rates set forth in the State Contract and as more particularly set forth in Exhibit B. 4. Payments. The Town shall pay the Contractor upon delivery of Materials and Services. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or 3 reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses sub ject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating 4 in any way to the Town’s termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the State Contract, the Proposal, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the State Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the State Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the State Contract, the Town shall be afforded all of the rights and privileges afforded to the State and shall be the “State” (as defined in the State Contract) for the purposes of the portions of the State Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the State to the extent provided under the State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 E. Falcon Dr., Ste. 111 5 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Sanderson Ford 6400 North 51st Avenue Glendale, Arizona 85301 Attn: Dave Harris or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation ________________________________ Grady E. Miller, Town Manager ATTEST: ________________________________ Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ____________________, 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. ____________________________ Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] nContractor,, DON SANDERSON FORD, INC. D/B/A SANDERSON FORD, By: Name: STATE OF Nrn_oq q ) ) ss. COUNTY Op Urr+raep,t- ) On (ACKNOWLEDGEMENT) t) | o uL * n , 2019, !:!1. me personally appeareW, the W of DoN SANDERSON F'ORD, INC. DiBlA snffi'a(n) Attzona corporation, whose identity was proven to me on the basis of satisfactory evidence to be theperson who he or she claims to be, and acknowledged that he or she signed the above document, onbehalf of the corporation. (Affix notary seal here) *"fifd33;ff5ji:+$,"# \,-ommtsslon #549290 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND DON SANDERSON FORD, INC. D/B/A SANDERSON FORD [State Contract] See following pages. Douglas A. Ducey Governor Craig C. Brown Director ARIZONA DEPARTMENT OF ADMINISTRATION STATE PROCUREMENT OFFICE 100 NORTH FIFTEENTH AVENUE  SUITE 201 PHOENIX, ARIZONA 85007 (602) 542-5511 Sent via e-mail to: dharris@sandersonford.com March 31, 2017 David Harris, Government Sales Manager Sanderson Ford, Inc. 6400 N 51st Avenue Glendale, AZ 85301 Subject: RFP ADSPO17-00006397, Vehicles, New Purchases Notice of Solicitation Results (Quote #000043830) Dear Offeror: Thank you for submitting a response to Request for Proposal Solicitation No ADSPO17-00006397, Vehicles, New Purchases. I am pleased to inform you that your company’s offer has been selected for award. The initial contract term shall begin on 04/01/2017 and terminate on 03/31/2018. The procurement file for this solicitation, including evaluation documents and resultant contracts, are now available for public viewing via the State’s e-Procurement system, ProcureAZ. Your contract number is ADSPO17-166123. Please reference this number on all quotes given under this contract. Attached you will find the updated Offer and Acceptance with your contract number noted, please sign and return this form to me along with a completed pricing excel document for all 2017 vehicles available for purchase under this contract. We will set up an award meeting to go through the terms of your contract at a later date. In accordance with Special Term and Conditions of the contract and prior to beginning work under the contract, your company is required to submit a Certificate of Insurance to the State Procurement Office. The certificate of insurance shall indicate that your company is in compliance with insurance requirements contained in the contract. If you have not already submitted your insurance documents, please submit your certificate of insurance to me no later than 04/07/2017. You are cautioned not to begin any work under the contract until the Procurement Officer assigned to your contract has issued a written notice to proceed. If you have any questions regarding your company’s contract, please feel free to contact me at Lori.Noyes@azdoa.gov or 602-542-7144. Thank you for your response and for your continued interest in doing business with the State of Arizona. Sincerely, Lori Noyes Statewide Procurement Manager TO DATE Page 2 of 22 cc: Procurement File Request for Proposal $olicitation No. ADSPOl T-00006397 Description: Vehicles, Nedr purchases Arizona Doparlmanl ot Adminlslraiion Stale Procurement Office 100 N 15lh Ave., Suito 20,1 Phosnlx, AZ 85007 Attachment 1 Offer and Acceptance Form suBMlssloN oF OFFER: Undersigned hereby offers and agrees to provide Vehicles, New purchases to the $tate of Arlzona in compliance with the Solicitailon indicat€d above, and our Offer indicated by the latest dJteO version below: Sandereon Ford, Inc. Offoror company namo x 6400 N SlsiAvenue Signalure of p€rson aulhoriz€d to $lgn Olfor x David Harris Address x Glendale AZ 85301 Prinlctd name and lills x . . r3ovornment $alq? tytFlager Conl€rct name and title * dharris@sandersonford.cqn 623-930-5961 crty I state lZlP Federal tax ldontlfler (ElN or SSN)Emall Address Phone Number CERTIFICATIONT By signature in the above, Offeror certifies that it: 1' will not discriminate against any ompfoyee or applicant for employment in violation of Federal Executive order 11246, [Arizona] state Executive order 2009-9 or A.R.s. gs 41-1461 through 1465; 2. has not given, offered to givg, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or seruice to a public servani in connecfion with the submitted offer. Failure.to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any reluling contract, and may ba subjoct to legal penalties under law: 3. complies with A.R,S. $ 41-3532 when offering electronicsi or information technology products, services, or maintenance; and 4. is not debarred from, or otheruise prohibited from participating in any contracltawarded by federal, state, or localgovgrnment. lcCiFinncE oF oFFiR: State hereby accepts tne initiat cffer, neviseo orer, or Best and Final offer, and which was datod below. Offeror is now bound (as Contractor) to carry outthe Work underthe attached Contract, of wtrich the Accepted Offer forms a part, Contractor is cautioned not to commence any billable work or to provide any material orperform any sorvice under the Contract until Contractor receives thE applicable Order or writtern notice to proceed from Procurement Officer. The effectlve dato of the Contract isl b'A\. Zor-l Contract awarded date PART 3 of the Solicitation Documents Tempiate version 2.4 (01-FEB-2017) Available online srate,t contract No. is: A\\6ft:\-l- t w \ z,9 sEcloN 3_B; oner r.,*r,l,ll.lfiiil Elat: Procure AZ oov Revised January 10, 2011 STATE OF ARIZONA PURCHASE ORDER TERMS AND CONDITIONS 1. Modification. No modification of the purchase order shall bind Buyer unless Buyer agrees to the modification in writing. 2. Packing and Shipping. Seller shall be responsible for industry standard packing which conform to requirements of carriers’ tariffs and ICC regulations. Containers must be clearly marked as to lot number, destination address and purchase order number. 3. Title and Risk of Loss. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually received the goods at the point of delivery. 4. Invoice and Payment. A separate invoice shall be issued for each shipment. No invoice shall be issued prior to shipment of goods and no payment will be made prior to receipt of goods and correct invoice. Payment due dates, including discount periods, will be computed from date of receipt of goods or date of receipt of correct invoice (whichever is later) to date Buyer's warrant is mailed. Unless freight and other charges are itemized, any discount provided will be taken on full amount of invoice. Payment shall be subject to the provisions of Title 35 of Arizona Revised Statutes. The Buyer's obligation is payable solely from funds appropriated for the purpose of acquiring the goods or services referred to in this Purchase Order. 5. Inspection. All goods are subject to final inspection and acceptance by Buyer. Material failing to meet the requirements of this Purchase Order will be held at Seller's risk and may be returned to Seller. If so returned, the cost of transportation, unpacking, inspection, repacking, reshipping or other like expenses are the responsibility of the Seller. 6. No Replacement of Defective Tender. Every tender of goods must fully comply with all provisions of Purchase Order as the time of delivery, quantity, quality and the like. If a tender is made which does not fully conform, it shall constitute a breach and Seller shall not have the right to substitute a conforming tender. 7. Force Majeure. Neither party shall be held responsible for any losses resulting if the fulfillment of any terms or conditions of the Purchase Order are delayed or prevented by any cause not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, that party is unable to prevent. 8. Gratuities. The Buyer may, by written notice to the Seller, cancel this Purchase Order if it is found by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the State of Arizona with a view toward securing an order or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with the respect to the performing, of such order. In the event this Purchase Order is cancelled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies to recover or withhold from the Seller the amount of the gratuity. 9. Warranties. Seller warrants that all goods delivered under this Purchase Order will conform to the requirements of this Purchase Order (including all applicable descriptions, specifications, drawings and samples) will be free from defects in material and workmanship and will be free from defects in design and fill for the intended purposes. Any inspection or acceptance of the goods by Buyer shall not alter or affect the obligations of Seller or the right of Buyer under the foregoing warranties. 10. Assignment – Delegation. No right or interest in this Purchase Order shall be assigned by Seller without the written permission of Buyer, and no delegation of any duty of Seller shall be made without permission of Buyer. 11. Interpretation – Parole Evidence. This Purchase Order is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this Purchase Order. Acceptance or acquiescence in a course of performance rendered under this Purchase Order shall not be relevant to determine the meaning of this Purchase Order even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in the Purchase Order the definition contained in the Code is to control. 12. Non-Discrimination. Seller agrees not to discriminate against any employee or applicant for employment in violation of the terms of Federal Executive Order 11246, State Executive Order No. 2009-09 and A.R.S. Section 41- 1461 et seq. 13. Indemnity. Seller agrees to indemnity and save the Buyer harmless from any loss, damage or expense whatsoever resulting to the Buyer from any and all claims and demands on account of infringement or alleged infringement of any patent in connection with the manufacture or use of any product included in this Purchase Order and upon written request Seller will defend at its own cost the expense any legal action or suit against the Buyer involving any such alleged patent infringement, and will pay and satisfy any and all judgments or decrees rendered in any against such legal actions or suits. Seller will indemnify Buyer against all claims for damages to person or property resulting from defects in materials or workmanship. 14. Liens. All goods delivered and labor performed under this Purchase Order shall be free of all liens, and if Buyer requests, a formal release of all liens will be delivered to Buyer. 15. Contract Number. If an Arizona contract number appears on the face of this Purchase Order, the terms of that contract are incorporated herein by this reference. 16. Taxes. The State of Arizona is exempt from Federal Excise Tax. 17. Conflict of Interest. Pursuant of A.R.S. Section 38-511 this Purchase Order is subject to cancellation by the Buyer if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state is, at any time while the contract is in effect, an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. 18. Remedies and Applicable Law. This Purchase Order shall be governed by, and Buyer and Seller shall have all remedies afforded each by, the Uniform Commercial Code as adopted in the State of Arizona except as otherwise provided in this Purchase Order or in statutes pertaining specifically to the State. This Purchase Order shall be governed by the law of the State of Arizona, and suits pertaining to this Purchase Order may be brought only in the courts of the State of Arizona. 19. Arbitration. The parties must use arbitration as required by A.R.S. Section 12-1518. Contract Change Order Summary Arizona Department of Administration State Procurement Office 100 N. 15th Avenue, Suite 201 Phoenix, AZ 85007 Contract No.: ADSPO17-166123 Change Order No.: 5 Date: February 22, 2018 ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT AND AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract in ProcureAZ by the Procurement Officer or delegate. Available online at Procure.AZ.gov Page | 1 Vehicles, New Purchases DON SANDERSON FORD INC 1. The above mentioned contract is hereby amended as follows: a. In accordance with Special Terms and Conditions paragraph 2.6, Contract Extension, the term of the contract shall be extended an additional twelve (12) months through 03/31/19. Contract Change Order Summary Arizona Department of Administration State Procurement Office 100 N. 15th Avenue, Suite 201 Phoenix, AZ 85007 Contract No.: ADSPO17-166123 Change Order No.: 10 Date: September 25, 2018 ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT AND AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract in ProcureAZ by the Procurement Officer or delegate. Available online at Procure.AZ.gov Page | 1 Vehicles, New Purchases DON SANDERSON FORD INC 1.The above mentioned contract is hereby amended as follows: a.In accordance with Special Terms and Conditions paragraph 2.6, Contract Extension, the term of the contract shall be extended an additional twelve (12) months through 03/31/20. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND DON SANDERSON FORD, INC. D/B/A SANDERSON FORD [Contractor’s Proposal] See following pages. 4813-6671-8627, v. 1 Dave Harris (623) 930-5961 dharris@sandersonford.com Richard Fowler (623) 930-5962 rfowler@sandersonford.com Tony Friedley (623) 930-5963 tfriedley@sandersonford.com Bob Allen (623) 930-5960 ballen@sandersonford.com Tim McWilliams (623) 842-8808 tmac@sandersonford.com Date: Customer:FAX: Base Price:$66,995.00 Upgrade Options: 1.std 2.std 3.included 4.included 5.included 6.included 7.included 8.included 9.std 10.std 11.included 12.$17,750.00 13. 14.-$7,500.00 Upgrade Options Total: Bid Price (w/options):$77,245.00 Sales Tax (8.5%):$6,565.83 Tire Tax:$5.00 Ford Extended Service Plan: Total Delivered Price:$83,815.83 Government Fleet Sales Managers De-Rate GVWR to 25,999 10K Front Axle Department Fax: (623) 930-5966 Town of Fountain Hills 6.7L V8 Diesel 270hp Valew All Steel 10' / 5 yard Dump Body with 18 2019 Ford F750 Reg Cab dock Height ****##### State Contract ADSPO17-166123 Air Conditioner Manual Windows / Locks Ton Hoist, Manual Tarp, Pintle Hitch 50 gal Steel Fuel Tank / Cab Steps over tank Air Brakes Rebate(s) Jump Start Stud-easy access 30 / 0 /30 vinyl bucket seats 23K Rear Axle Vehicle Description: 8/22/2019 6spd Automatic Transmission ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Resolution 2019-50 urging ratification of the Equal Rights Amendment to the U.S. Constitution guaranteeing equal rights for men and women. Staff Summary (background) The equal rights movement was originally conceived following the passage of the 19th Amendment to the U.S. Constitution in 1920, which guaranteed the right of women to vote. The first proposed equal rights amendment guaranteeing equal rights for men and women came about in 1923 and received very little national support until after being reintroduced in Congress by U.S. Representative Martha Griffiths (D-Michigan), in 1971. In 1971, the Equal Rights Amendment was approved by the U.S. House of Representatives on October 12 and on March 22, 1972, it was approved by the U.S. Senate, thus submitting the ERA to the state legislatures for ratification, as provided for in Article V of the U.S. Constitution. Congress had originally set a ratification deadline of March 22, 1979, for the state legislatures to consider the ERA. Through 1977, the amendment received 35 of the necessary 38 state ratifications. With wide, bipartisan support (including that of both major political parties, both houses of Congress, and Presidents Nixon, Ford and Carter), the ERA seemed destined for ratification. The proposed equal rights amendment to the U.S. Constitution includes three brief sections: Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification. On March 22, 2017, the 45th anniversary of Congress's submission of the ERA to the nation's state lawmakers, the Nevada Legislature became the first to ratify the ERA after the expiration of both deadlines with its adoption of Senate Joint Resolution No. 2. The Illinois General Assembly then ratified the ERA on May 30, 2018, with its adoption of Senate Joint Resolution Constitutional Amendment No. 4. Given the adoption by the League of Arizona Cities and Towns of a resolution encouraging the Legislature to ratify the ERA, and after being asked to join the sixteen municipalities who have already done so, Mayor Ginny Dickey has requested Council consideration of passing Resolution 2019-50. Resolution 2019-50 urges the Arizona Legislature to hear and ratify the Equal Rights Amendment so that Arizona may become the 38th and final state needed for ratification of the amendment to the Constitution of the United States. Related Ordinance, Policy or Guiding Principle While not tied to a specific Council policy or goal, the ERA's provisions are consistent with Fountain Hills' practices relating to municipal service delivery, employment practices, and town policies. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2019-50. SUGGESTED MOTION MOVE to adopt Resolution 2019-50. Attachments Res. 2019-50 League Resolutions Form Review Inbox Reviewed By Date Finance Director David Pock 10/07/2019 05:15 PM Town Attorney Town Manager (Originator) Form Started By: Grady E. Miller Started On: 10/07/2019 03:04 PM RESOLUTION NO. 2019-50 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, URGING THE ARIZONA LEGISLATURE TO HEAR AND RATIFY AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATIVE TO EQUAL RIGHTS FOR MEN AND WOMEN RECITALS: WHEREAS, on March 22, 1972, the Congress of the United States, in both houses by a constitutional majority of two-thirds in both houses, adopted a proposition to amend the Constitution of the United States relative to equal rights for men and women (ERA); and WHEREAS, Congress originally set a deadline of March 22, 1979 for ratification, as provided for in Article V of the U.S. Constitution; and WHEREAS, through 1977, the amendment received 35 of the necessary state ratifications; and WHEREAS, in 1978, Congress passed a joint resolution with the intent of extending the ratification deadline to June 30, 1982; and WHEREAS, on March 22, 2017, the 45th anniversary of Congress’ submission of the ERA to state legislatures, the Nevada Legislature became the first to ratify the ERA after the expiration of the established deadlines; and WHEREAS, on May 30, 2018, the Illinois General Assembly ratified the ERA; and WHEREAS, 37 of the required 38 states have now ratified the ERA; and WHEREAS, the League of Arizona Cities and Towns (the “League”) Neighborhoods, Sustainability and Quality of Life Committee brought forth this Resolution to League leadership asking for support; and WHEREAS, the League leadership approved and forwarded this measure to the Resolution Committee, consisting of 91 mayors as members; and WHEREAS, the League Resolutions Committee passed and forwarded this Resolution to the entire League Business Meeting at the August 2019 Annual Conference where it was adopted; and WHEREAS, support from individual cities and towns in Arizona will assist the League in advocating for this approved Resolution. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, that the Town of Fountain Hills hereby supports an amendment to the Constitution of the United States relative to equal rights for men and women and urges the RESOLUTION 2019-50 PAGE 2 Arizona Legislature to hear and ratify the same so that Arizona may become the 38 th and final state needed for ratification of the ERA to the Constitution of the United States. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 15th day of October, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney League of Arizona Cities and Towns Resolutions Summary Chart 2020 Adopted Resolutions Number Resolution Sponsor Notes BFED 1 Further study and explore legislation to address the property tax code regarding “salvage” property valuations and establish a revolving fund available to cities and towns to fund blight abatement efforts. Superior GAHRE 1 Allow governing bodies the ability to address security measures for emergency situations as part of an executive session during a council meeting. Avondale GAHRE 2 Allow governing bodies to use newspapers printed and published in their county when state statute requires or allows the publication of a notice in a newspaper. Buckeye TIPW 1 Support federal legislation enacting the Nogales Wastewater Fairness Act that will apportion the costs for the operation and maintenance of the Nogales International Wastewater Treatment Plant and the International Outfall Interceptor based on the average daily volume of wastewater originating from Nogales, Arizona and Nogales, Sonora. Nogales NSQL 1 Amend statute to allow local regulation of investor-owned short-term home rentals. Sedona NSQL 2 Support legislation for Arizona to ratify the Equal Rights Amendment. Quartzsite League Staff 1 Support appropriations for the Heritage Fund. League Budget, Finance and Economic Development – BFED  General Administration, Human Resources and Elections – GAHRE  Neighborhoods, Sustainability and Quality of Life – NSQL  Public Safety, Military Affairs and the Courts – PSMAC  Transportation, Infrastructure and Public Works – TIPW  ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/15/2019 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 DIRECTION to staff regarding the requirements for providing hillside protection easements, the abandonment of existing easements, and the fee for easement abandonments. Staff Summary (Background) The Town of Fountain Hills has always treasured its natural desert landscapes as an integral part of the development and maintenance of the community. The Mission Statement for the current General Plan includes these statements: - “…family-oriented community where the conservation and preservation of the natural heritage and visual beauty of the surrounding desert are maintained.” - “…committed to creating a Town … where the natural environment is preserved and protected…” Chapter 3 of the Plan, Land Use, Goal Six states; “Continue to preserve open space and maintain strict guidelines for the conservation of natural resources.” Objective 6.1 states: “The Town should continue to preserve steeply sloping hillsides, wash areas and tracts of contiguous open space.” Similar sentiments have been made by residents as we have received comments from the public as we work on the General Plan 2020. The primary tool used by the Town to preserve the natural landscape is the Hillside Protection Easement (HPE). While these have evolved some over time, these easements have been required at either the subdivision or development stage to protect the steep sloped portions of lots from future development. Staff has been asked to look into and provide the Council with feedback and recommendations on three items related to hillside protection easements: Should we make any modifications to the easement requirements1. How should we handle requests for abandonment of existing easements2. What fee is charged for processing an abandonment.3. History History The HPE ordinance is contained in the Subdivision Regulations and has changed over time. Initially any slope over 10% had to be protected, this was later changed to 15%. Section 5.04 A of the Subdivision Regulations currently sets the slope at 20% and requires that 60% of the 20%+ slope area be left undisturbed. Further, the easements are no longer required for lots zoned R1-10 or smaller, or for non-residential development on commercially or industrially zoned land (Subdivision Regulations Sec. 5.04 C). There are many developing subdivisions where the HPE’s are granted as the lots are developed. Examples include Eagles Nest and Fire Rock in which the subdivision set aside an easement amount to be dedicated with each lot as it is developed. Granting of the easements has happened both comprehensively at the subdivision level and also individually on a lot-by-lot basis. The language required in the easement document is: Owner hereby grants to the Town of Fountain Hills a perpetual easement upon, across, over and under all those areas designated as "Hillside Protection Easement" for the purpose of preserving the natural topography and vegetation of land area within the Final Plat of (Subdivision Name) in conformance with the Article V of the Town of Fountain Hills Subdivision Regulations. The owner or any of his heirs, successors, or assigns shall not perform nor allow to be performed, any construction; or cutting, filling, grading to the Topography; nor any grubbing, brushing, removal, or otherwise damage any vegetation, rock outcropping, or other natural feature in the Hillside Protection Easement area without prior Town Council approval. A trail way may be a permitted use if approved by the Town Council. This easement language does a good job of clearly protecting the land from any type of development and ensures it will remain in its natural state. Discussion The Council has recently directed staff to examine the HPE’s to see if any modifications are warranted after the town received several requests to have existing easements abandoned. This report reviews the continued need to obtain the easements and the options for abandoning existing easements. New Easements There is some concern regarding the property rights lost by granting the easements. The owner pays taxes on their entire lot, but they are not allowed to do develop or build anything on the portion of the property with the easement. While this is true, it is part of the history of building and developing in Fountain Hills. It is one of the fundamental practices that gives Fountain Hills its unique look and character. People building and buying in Fountain Hills do so (at least in theory) with the understanding that the hillside slopes and natural landscape will be preserved on their lot and on their neighbors’ lots. They know their investment in maintaining the natural desert on their property will add value to their property because all other properties are doing the same thing. The Town has modified the requirements over the years. The effect of the change has been to reduce the amount of land being preserved and provide more area that can be disturbed. With the current standard that requires a minimum of 60% of the land with a 20%+ slope be left undisturbed, the land area left available for development still typically exceeds the lot of coverage requirements of the Zoning Ordinance. For an extreme example, on an 11,000 sq. ft. lot zoned R1-18 with the entire lot having 20%+ slopes, the zoning ordinance would have a maximum building area of 2,750 square-feet and the Hillside Disturbance allowance would allow 4,400 square-feet of the lot to be disturbed. It could be a Hillside Disturbance allowance would allow 4,400 square-feet of the lot to be disturbed. It could be a challenge to fit the house in the setbacks and provide for the driveway and other uses on the property. Another more typical example would be a 36,000 sq. ft. lot zoned R1-35 with 20,000 sq. ft. of the lot of having a 20%+ slope. In this case the zoning ordinance would allow a building of 7,200 sq. ft. and the disturbance area would be 24,000 sq. ft. This leaves substantially more room to meet setbacks, provide a driveway and other on-site development. While some areas remain for development much of the Town has been entitled and platted. Through those processes most property has either already granted the required easement or the requirement to do so is in place when the lot develops. The only significant area remaining for future development that does not yet have the HPE’s is the State Trust land. Any changed to the required dedications will have minimal impact on the Town as a whole, but will set up an imbalance between adjacent properties. If the current requirements are removed, when someone comes into an existing subdivision on a vacant lot, they could disturb the entire lot while their neighbors were not able to do so. Rather than make any fundamental changes to the current HPE requirements, it might make sense to consider smaller adjustments. The Subdivision Regulations Sections 5.02 C. and 5.04.B. allow for some exemptions to the non-disturbance areas to be permitted. The allowed additional disturbance areas are for driveways and utilities to serve the property. As we get into more difficult and challenging terrain, it may be beneficial to consider and adopt additional provisions to allow flexibility in the disturbance areas. For example, the terrain to a given home may require a longer, curving driveway to reach the home. If this is the case, the Development Services Director could be authorized to allow a corresponding increase in the amount of disturbance area on that given lot. Easement Abandonment As stated previously, the regulations related to the HPE’s has changed over time. The ordinance used to require easements for 10% slopes, today it is 20% or greater slopes that require the easement. Easements used to be required for all lot sizes, now they are not required for property zoned R1-10 or smaller. Based on this, there are lots with HPE’s that would not be required to provide those same easements today. Because the HPE’s have been granted through an easement process, either on the plat on by separate instrument, there is not a simple way to remove them. Staff could be instructed not to enforce the easement in prescribed situations (e.g. lots less than 10,000 sq. ft., slopes less than 20%) but the easement would still be on the property. The only clean way to address the issue is through the abandonment process. Given the changes that have occurred in the ordinance requirements over the years, it would seem reasonable for Council to adopt a policy for staff to work with anyone who requests a change that would bring the easements on their lots in line with current ordinance requirements. (e.g. a property less than 10,000 sq.ft. could have the easement abandoned). The abandonments could happen either reactively, when requested by the property owner, or proactively by the Town reaching out to property owners in some systematic way. Staff does not have the personnel available to take a proactive approach. Abandonment Application Fee There is staff time involved in the processing of an easement abandonment. There is an existing fee in the fee schedule for easement abandonments of $350. This could be used for HPE easement abandonments. Options Keep base ordinance as is Provide some additional flexibility to allow the Development Services Director to consider modifications for difficult lots Continue to allow abandonment on case by case basis for lots 10,000 sq. ft. or smaller Explore options to allow some or all abandonments to be approved administratively Use existing $350 fee for easement abandonment Related Ordinance, Policy or Guiding Principle General Plan Section 5.04 of the Subdivision Regulations Risk Analysis The current ordinance provisions and processing steps have been in place for several years and seem to be working smoothly for easement dedications. Making no changes would leave the requirements and processes as they exist today. There are, however, opportunities for improvement in the ordinance to better accommodate some of the more difficult lots and to formalize the easement abandonment process. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The protection of the natural beauty of the hillsides in the Town is one of the important development requirements that helps make Fountain Hills unique and attractive. There are, however, improvements that can be made to the requirements to make things more flexible for unique development situations. Staff recommends that the Council direct staff to: Explore and bring back recommendations from the Planning and Zoning Commission on modifications to Section 5.04 of the Subdivision Regulations that will allow additional, lot specific adjustments to be made; 1. Continue to process H.P.E. abandonment requests on a lot by lot basis;2. Explore options to allow approval of some hillside easement abandonments administratively; and,3. Utilize the existing $350 fee for easement abandonment for the processing of these requests. 4. SUGGESTED MOTION MOVE to direct staff to: Explore and bring back recommendations from the Planning and Zoning Commission on modifications to Section 5.04 of the Subdivision Regulations that will allow additional, lot specific adjustments to be made; 1. Continue to process H.P.E. abandonment requests on a lot by lot basis;2. Explore options to allow approval of some hillside easement abandonments administratively; and,3. Utilize the existing $350 fee for easement abandonment for the processing of these requests4. Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 08/27/2019 09:09 AM Town Attorney Aaron D. Arnson 08/27/2019 09:27 AM Town Manager Grady E. Miller 09/05/2019 06:13 PM Form Started By: John Wesley Started On: 08/14/2019 04:10 PM Final Approval Date: 10/08/2019