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Home My WebLink About2020.0204.TCRM.Packet) NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor Sherry Leckrone Councilmember Mike Scharnow Councilmember Dennis Brown Councilmember David Spelich Councilmember Alan Magazine Councilmember Art Tolis TIME: 5:30 P.M. — REGULAR MEETING WHEN: TUESDAY, FEBRUARY 4, 2020 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. IITO SPEAK TO AN AGENDA ITEM lease complete a Request to Comment card located in the back of ,p p q , 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. Town Council Regular Meeting of February 4, 2020 2 of 4 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). CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey 2. MOMENT OF SILENCE 3. ROLL CALL — Mayor Dickey 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A. RECOGNITION of Stellar Students of the Month of February. RECOGNITION of outgoing Community Services Advisory Commissioner. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION of Monthly Report by Captain Larry Kratzer of the Maricopa County Sheriff's Office. PRESENTATION of Update by Stephen Herring with Republic Services. 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 February 4,2020 3 of 4 A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of January 21, 2020. B. CONSIDERATION OF approval of Board and Commission Members'Terms. C. CONSIDERATION OF approving a Liquor License Application for Fry's Food & Drug#70, located at 14845 E. Shea Boulevard, Fountain Hills, Arizona, for a Series 7 (Wine & Beer Bar) license. D. CONSIDERATION OF approving a Liquor License Application for Blossom Kitchen, located at 14835 E. Shea Boulevard #100, Fountain Hills, Arizona, for a Series 12 (Restaurant) license. E. CONSIDERATION OF approving the final plat of"Replat for Adero Canyon - Parcel 6", a 45 lot residential subdivision. 8. REGULAR AGENDA A. CONSIDERATION OF approving the painting of twenty bollard lights in Fountain Park as part of a pilot program to determine durability and reduction of glare. B. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. 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 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�Q 11 UJ)..;1ko ,2020. iti4�+ne, Cxtcu:+ift. A55is4ar�F Town Council Regular Meeting of February 4, 2020 4of4 The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call480-816-5199 (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 7. A. Meeting Date: 02/04/2020 Agenda Type: Consent TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the meeting minutes of the Regular Meeting of January 21, 2020. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of January 21, 2020. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of January 21, 2020. Minutes Attachments Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 01/23/2020 03:02 PM Form Started By: Elizabeth A. Burke Started On: 01/23/2020 08:46 AM Final Approval Date: 01/23/2020 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 21, 2020 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey Mayor Dickey called the meeting of January 21, 2020, to order at 5:30 p.m. 2. 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 Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 3. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Town Manager Grady E. Miller reported that the Town has been using Jack Lunsford to help lobby on the oroposed flight path changes. They have learned that the Federal Aviation Administration (FAA) has opted to not make any changes at this time, so status quo is in the Town's favor. They will continue to fly in the open space east of Fort McDowell. They also learned that the City of Scottsdale may challenge that decision, but as far as the Town is concerned, no change is good. He said that it was a good example of how expending money on a lobbyist that has good connections is helpful to the Town. Councilmember Scharnow reported that he and Councilmember Tolis, along with Mayor Dickey, attended the tour of the new casino at Fort McDowell. He said that it was quite impressive and they are hoping to open later this summer. Councilmember Tolis reported that he and the Mayor attended the Governor's Breakfast and State of the State and he was happy to learn that the State has $1 billion in the rainy day fund. There was only positive news about the economy in Arizona. He said that hopefully they will see some of the success coming to Fountain Hills. Councilmember Magazine noted that the state budget includes quite a bit of resources for education which he was pleased to see, and they are fully funding the 2020 commitment. Mayor Dickey said that it was a great tour at Fort McDowell, led the President Bernadine Burnette, who she then congratulated for being re-elected as President as well as Tribal Board Members Doka and Thomas. She reported that she attended an opening for the new building at the Fountains Methodist Church. She attended a Scottsdale Chamber event and an East Valley Chamber Alliance event. She also attended, with the Town Manager, the public meeting regarding the proposed hospital. She attended the East Valley Mayors lunch in Carefree, and discussed short term rentals and SB14876. And, she participated in the Toastmasters presentation to the Mayors Youth Council. Regular Meeting of January 21, 2020 Page 2 of 9 0 0 Mayor Dickey said that she signed a letter in support of the Heritage Fund. She said that last year the State reinstated the Heritage Fund and this year the cities and towns of the State are asking them to fund it. RECOGNITION OF Students of the Month for January 2020 Mayor Dickey explained that during the 2017 Fountain Hills Leadership Academy Tom Lindsey had proposed a project for the Town Council to award Student of the Month awards to bring the schools and Town together. She then invited Mr. Lindsey forward to say a few words. Mr. Lindsey congratulated the Town Council and complimented and thanked them for implementation of the new Stellar Student of the Month awards. He said that he was part of one of these programs for 17 years in another community and it provides many benefits. It brings together people that do not always come together, such as students and their parents may not normally attend a Council meeting and those attending or viewing Council meetings may not have a student in school to know what is going on there. He said that Excellent Schools = Excellent Communities, and vice versa. He thanked Dr. Allen and the School District, and also thanked Mr. Miller who supported the idea from the beginning. He especially wanted to thank Angela from the Town and Jeanette from the School District for getting everything put together. Mayor Dickey then read a statement on each of the students and invited them forward to receive their certificates and have a photo taken. Below are the students for January 2020: Emily Van Orden McDowell Mountain Elementary School Reed Keating McDowell Mountain Elementary School Logan Robinson Fountain Hills Middle School Luke Giger Fountain Hills High School Faith Shannon Fountain Hills High School PROCLAMATION of January 2020 as National Mentoring Month Mayor Dickey invited Roger Riggert forward to receive the proclamation which she read and presented to him. Mr. Riggert said that it was good to see the students recognized. He has been working as a mentor in the schools for the last 20 years and the mentors get as much out of it as the students. Mayor Dickey said that when she served on the School Board the students held a session on the mentoring program. She said that it was very unique and effective. C. UPDATE on Census 2020 Mr. Miller said that 2020 is the year that the country will be going through the Census and it is very important to cities and towns. He then introduced Economic Development Analyst Jodi James who came forward with a PowerPoint presentation which addressed: WHAT TO EXPECT IN THE MAIL SAFETY GET NOTIFIED Regular Meeting of January 21, 2020 Page 3 of 9 JOINT THE 2020 CENSUS TEAM CREATIVE PRINT ADS She said that they will reach out to churches, schools and civic groups to present information, and she has a complete toolbox of information that she is hoping to share with others to help get the word out on the importance of the Census and how it will work. Mr. Miller said that one example of how the funding is received is through the CDBG (Community Development Block Grants). These are funds that flow to each of the states from the federal government and then on to the local governments. It is all based on the Census numbers and the Town wants to have those numbers be accurate. Mr. Miller noted that the Maricopa Association of Governments (MAG) is putting money into advertising for the Census as well. Mayor Dickey added that in addition to the funding, the Census numbers will determine if the State gets another one or two Congress people. She said that she appreciated the work being done by the Town. 4. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION by Executive Director of the Fountain Hills Chamber of Commerce Betsy LaVoie Executive Director Betsy LaVoie of the Fountain Hills Chamber of Commerce gave a PowerPoint presentation which addressed: STAFF ADVOCACY EDUCATE SUPPORT NETWORKING & EVENTS RIBBON CUTTINGS THE 5 O'CLOCK MIXER LUNCH MOB ART FAIRS FOUNTAIN FESTIVAL OF FINE ARTS AND CRAFTS THANKSGIVING DAY PARADE STROLL IN THE GLOW AND CHILL IN THE HILLS MAYOR'S STATE OF THE TOWN ADDRESS CHAMBER GALA COMMUNITY EXPO FOUNTAIN HILLS CONNECT BREAKFAST She then noted that because this is the Chamber's 45th year anniversary, they wanted to present a check to the Town, as a show of collaboration and appreciation, in the amount of $4,500. Councilmember Magazine thanked Ms. LaVoie for her presentation. He said that they will all miss Sharon, but they are very fortunate that Sharon mentored Paige, and she has done an outstanding job. Regular Meeting of January 21, 2020 Page 4 of 9 Mayor Dickey thanked Ms. LaVoie for coming and for the Chamber being partners with the Town to help the community grow. She thanked the Chamber for taking on the State of the Town as a free event for the community, and she thanked them for being a resource with James Smith and Jodi James. Councilmember Tolis seconded the comments. He said that he thought Betsy has brought a new energy, and he is happy that she is now in the leadership role. B. PRESENTATION OF the "Golden Eagle Park Drainage Improvements Technical Report," from representatives of J.E. Fuller, Hydrology & Geomorphology, Inc. Mr. Miller reported that back in October 2018 the Town had a devastating flood. Thanks to the Public Works Department doing preemptive planning, they were able to minimize more damage with the September 2019 storm. Tonight they will be provided part of the evaluation on how to address the washes/drainage situations at Golden Eagle Park so they do not continue to have damage. He said that the park was designed to be a drainage solution for neighborhoods in that area. It did what it was intended to do, but some problems arose that need to be addressed further. He then invited Public Works Director Justin Weldy forward. Mr. Weldy said that they have faced some challenges in the Golden Eagle impoundment. After the flooding in 2018, they removed the trash racks and since that time they have had more positive effects from flow as it goes through the Park. He said that the Town Engineer just received word that the Town was selected by the Flood Control District to receive a $90,000 grant, requiring a $30,000 match by the Town, to help offset improvement costs. He then introduced Richard Waskowsky and Ted Lehman with JE Fuller. He said that JE Fuller had done work during the Ashbrook Wash Redeliniation Study and they were able to use much of that information to address the Golden Eagle improvements. \Mr. Waskowski then provided a PowerPoint presentation which addressed: GOLDEN EAGLE PARK DRAINAGE IMPROVEMENTS - October 2, 2018 Storm - September 23, 2019 Storm OCTOBER 2, 2018 STORM MODELING RESULTS RECOMMENDED DRAINAGE IMPROVEMENTS RECOMMENDED DRAINAGE IMPROVEMENTS (Golden Eagle Park) - Subtotal Construction: $520,200 - Total Construction: $872,500 RECOMMENDED DRAINAGE IMPROVEMENTS (Ashbrook Wash) - Subtotal Construction: $380,600 - Total Construction: $593,600 - Easement: $ 8,400 - Total Estimated Cost: $602,000 With regard to the recommended bollards, Councilmember Scharnow asked if they are able to accommodate cleaning up 92 bollards after a storm event. Mr. Weldy said that the intent of the bollards is to stop the larger debris. They currently have them at several of the other dams, and at those locations they have had a positive experience. They will concentrate on the areas based on their knowledge and experience. They would attempt to address them up front and would then have to determine, based on the type and intensity of the event, whether Regular Meeting of January 21, 2020 Page 5 of 9 they would need outside help. Councilmember Magazine said that the cost woke him up, and the word "about" with respect to costs concerned him. Mr. Waskowsky noted that these are conceptual costs analyses based on conceptual designs. They are at around 15% design right now so there are contingency numbers included. As the design is refined the contingency number would come down and the costs would be more refined. Councilmember Magazine asked, if they were pushed real hard, what they would not do. Mr. Waskowsky said that the cement basins are probably one item they could consider, but they are not a big cost item. He talked with Mr. Weldy and Mr. Harrel to refine the footprint, but it is relatively a large area. Mr. Waskowsky said that the topography they had was prior to the 2018 flood, so since then they have had two floods and they do not know what the ground looks like. The first step would be to get an accurate picture of what the ground looks like, then design and give to contractors for proposed costs. Mr. Miller said that this was the preliminary review. Staff has put together a CIP project just for these improvements. They believe they will be splitting it into two projects as presented tonight. Mr. Miller said that they were able to save a step on the preliminary aspect because JE Fuller had already worked on Ashbrook Wash. That saved them some money and some time. Mr. Miller said that they will be coming back to Council in the future. They were trying to get this scheduled for last fall. As they get into the capital budget in March, this will give Council a heads up. At the time they prepared this, they did not realize they had the Panorama Issue, which is very close to the total costs for this project. Councilmember Magazine asked if it could be part of a bond package and if they could discuss it at the Retreat. Mr. Miller said that they could discuss it at the Retreat. Councilmember Spelich asked if there was a Plan B, something less expensive. Mr. Weldy said that this proposal was not really a Cadillac, it was right down the middle and it will minimize potential damage in the future. He said that they can start looking at that as part of the design and consider items they could eliminate. Mr. Miller added that it would be a multi -year project, but he would like to put the engineering analysis in next year's capital budget, then they will have a better idea of what projects will actually cost for future years. Councilmember Spelich asked how many homes were involved in potential problems and asked if the property owners were aware there was a problem. Mr. Waskowsky said that he believed it was six to eight homes. He clarified that there has not been damage in the past to the homes; it would only be a possibility if the area continued to erode. Councilmember Scharnow asked if the environmental fee could be used for this work, if it is put back into place. Mr. Arnson said that as far as he knows. Assuming it goes back into effect he is not aware of any restrictions that would apply. Councilmember Scharnow said that one thing he considers is that the 2018 storm was considered a 10-year event. He could not imagine the amount of damage if they had a 50-year or 100-year event. Regular Meeting of January 21, 2020 Page 6 of 9 Mr. Waskowsky noted that none of the improvements are maintenance -free; it all includes a maintenance cost. The amount of damage from the 2018 event was partially because they had deferred maintenance in the past. Mr. Miller noted that the improvements made after the 2018 storm were make -shift; this is more of a permanent fix. Mr. Weldy added that the changes they made to the three washes and impoundment area were a reactive measure. They built larger, wider, deeper channels and created more storage on the face of the dam. Later on they removed the trash racks which allows the trash to go forward. He said that all of the work they did was temporary; they have not had an opportunity to go back in and remove the mountain of material. Mayor Dickey said that this does demonstrate what happens when they do not have the funding available to do what is needed. She said that the sinkhole will probably be the same type of issue and they will have to see what gets recommended to Council. She appreciated the information and all of the work that everyone did to make the park usable. 5. 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. Walt Franklin, Fountain Hills resident, addressed the Council regarding the ordinance adopted to change the term of Mayor. He said that he was sorry to hear that they moved forward with it. It was clarified that this item is not effective until after it is approved by a majority of the voters at the May 19, 2020, Special Election. 6. 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 Alan Magazine, SECONDED BY Vice Mayor Sherry Leckrone to approve Consent Agenda Items 6-A through 6-K. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of January 7, 2020, and the Regular Meeting of January 7, 2020. B. CONSIDERATION OF approving a Special Event Liquor License application for the Town of Fountain Hills for a beer garden in conjunction with the Music Fest on April 4th, 2020. C. CONSIDERATION OF approving a Special Event Liquor License application for the Valors on 8th for a beer garden in conjunction with the Mountain to Fountain race on March 1, 2020. Regular Meeting of January 21, 2020 Page 7 of 9 D. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on March 1, 2020. E. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on March 6, 2020. F. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on April 17„ 2020. G. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on April 19, 2020. H. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Theater, Inc. for the purpose of a fundraiser to be held on June 8, 2020. CONSIDERATION OF approving a Special Event Liquor License application for A Dog Inc., for a beer garden in conjunction with the Woofa Palooza on April 5, 2020. CONSIDERATION OF approving a Special Event Liquor License application submitted by Samuel D. Coffee for the Fountain Hills Veterans Memorial Inc, fundraiser to be held at the Fountain Hills Community Center on February 14, 2020. K. CONSIDERATION OF approving a Special Event Liquor License application for Fountain Hills Sister Cities, for a dinner to be held at the Fountain Hills Community Center on April 18, 2020. 7. REGULAR AGENDA A. CONSIDERATION OF Resolution 2020-03, adopting development fees in compliance with A.R.S. § 9-463.05. Mr. Miller said that the purpose of development fees is to have growth pay for growth. Under state law every ten years they are required to do an update and every five years a refresh. They started the process 197 days ago; from beginning to end it is a 270 day process, according to state law. Finance Director David Pock gave a brief PowerPoint which addressed: DEVELOPMENT IMPACT FEE - TIMELINE PROPOSEDFEES Councilmember Tolis asked when the fees would be assessed, with some of the upcoming projects that are commercial. Mr. Pock said that the fees are assessed when they pull their permits. Like with Keystone, they have inquired and hope to pull their permits prior to April 5. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to adopt Resolution 2020-03. Vote: 7 - 0 Passed - Unanimously Regular Meeting of January 21, 2020 Page 8 of 9 B. CONSIDERATION OF Ordinance 20-01 amending Chapter 25 of the Fountain Hills Zoning Ordinance, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. (Case #Z2019-08) Development Services Director John Wesley said that this was more of a housekeeping item. Back in 2016 the Town added to the Zoning Code some text to equalize some of the allowances for noise in the downtown area. In 2017, with that in place and with thoughts that it would be beneficial to have mixed use residential, staff came back and asked for an amendment to allow for mixed use projects, for residential above the retail, but it was with a density cap at eight units per acre. He said that they have since had a couple of people come in proposing nice mixed -use projects, but both exceeded the eight units per acre. With that in mind, they looked at options as to how to give the developments an opportunity and his recommendation is to amend the ordinance by allowing higher density, but requiring a Special Use Permit. That was being proposed to provide an opportunity to have a specific review on the parking. They are recommending adding a subsection in Chapter 25. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Art Tolis to adopt Ordinance 20-01. Vote: 7 - 0 Passed - Unanimously C. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Mayor Dickey said that they will be adding this agenda item to each meeting while the State Legislature is in session, to provide an opportunity to review any proposed legislation they wish to discuss. She said that they had their first legislative call today, and she encouraged Council members to attend it if interested. She said that if they see through the Legislative Bulletin a bill that they have concerns with, let staff and the Mayor know, and they will have it ready. She added that if they are unavailable to attend the calls, the League also prepares notes from each of the meetings that are available. 8. 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. None 9. ADJOURNMENT MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously Regular Meeting of January 21, 2020 Page 9 of 9 The Regular Meeting of the Fountain Hills Town Council held January 21, 2020, adjourned at 7:05 p.m. ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor 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 21 st day of January, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of February, 2020. Elizabeth A. Burke, Town Clerk ITEM 7. B. r 4VV Cft PRO7 Meeting Date: 02/04/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approval of Board and Commission Members' Terms. Staff Summary (Background) As you may recall, last fall the Town Council made changes to the Town Code with regard to Boards and Commissions. One part of those changes was to have all terms expire in either April or October of the respective year. Additionally, terms were staggered to not have any quorum of the board or commission expire in any given year. To provide for the opportunity of members to determine their respective year of termination, each Board and Commission discussed this issue at their meetings and determined whose term would end in which year. The last part of this process was to bring back a listing with all of the terms to be approved by Council. That is what is being presented on the attached listing. Related Ordinance, Policy or Guiding Principle Chapter 2A, Boards and Commissions, of the Fountain Hills Town Code Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommended terms are reflected in the attached listing for each board and commission. Staff Recommendation(s) Staff recommends approval of the attached listing. SUGGESTED MOTION MOVE to approve the list of board and commission members' terms as shown on the attached listing dated 01/16/2020. Board/Commission Listing - 02/03/2020 Inbox Reviewed By Finance Director Elizabeth A. Burke Town Attorney Aaron D. Arnson Town Manager Grady E. Miller Form Started By: Elizabeth A. Burke Final Approval Date: 01/21/2020 Attachments Form Review Date 01/16/2020 10:37 AM 01/20/2020 12:08 PM 01/21/2020 05:45 AM Started On: 01/16/2020 10:25 AM Term Tracker Report - pdfOfficials Board of Adjustment Sort Meeting Type 4 Board of Adjustment 2 Board of Adjustment 1 Board of Adjustment 5 Board of Adjustment 999 Board of Adjustment Community Services Advisory Commission Sort Meeting Type 999 Community Services Advisory Commission 999 Community Services Advisory Commission 999 Community Services Advisory Commission 999 Community Services Advisory Commission 999 Community Services Advisory Commission 999 Community Services Advisory Commission 999 Community Services Advisory Commission McDowell Mountain Preservation Commission Sort Meeting Type 999 McDowell Mountain Preservation Commission 999 McDowell Mountain Preservation Commission 999 McDowell Mountain Preservation Commission 999 McDowell Mountain Preservation Commission 999 McDowell Mountain Preservation Commission 999 McDowell Mountain Preservation Commission 999 McDowell Mountain Preservation Commission Municipal Property Corporation Sort Meeting Type 999 Municipal Property Corporation 999 Municipal Property Corporation Run Date: 02/03/20 First Name Last Name Title Start End John Kovac Board Member 02/01/2015 10/31/2022 Carol Perica Vice Chairman 02/04/2016 10/31/2020 Paul Ryan Chairman 02/04/2016 10/31/2020 Nick Sehman Board Member 02/01/2015 10/31/2022 Jeremy Smith Board Member 12/03/2019 10/31/2021 First Name Last Name Title Start End Amy Arnold Vice Chairman 01/16/2018 04/30/2020 Hayden Arnold Youth Commissioner 11/05/2019 06/30/2020 Don Doty Commissioner 01/06/2018 04/30/2020 Jerry Gorrell Commissioner 02/19/2019 04/30/2021 Sharron Grzybowski Commissioner 02/19/2019 04/30/2020 Ron Ruppert Chairman 01/06/2018 04/30/2022 Natalie Varela Commissioner 02/19/2019 04/30/2022 First Name Last Name Title Start End Thomas Aiello Commissioner 02/19/2019 10/31/2021 Tom Barberic Vice Chairman 02/19/2019 10/31/2022 Bill Craig Commissioiner 02/19/2019 10/31/2021 Paul Garvey Commissioner 02/19/2019 10/31/2022 Scott Grzybowski Commissioner 02/19/2019 10/31/2021 Janice Holden Commissioner 12/17/2019 10/31/2020 Dr. Darrienne Slater Commissioner 03/19/2019 10/31/2020 First Name Roger Chester Last Name Riggert Yon Title President Secretary Sta rt E n d Planning and Zoning Commission Sort Meeting Type 2 Planning and Zoning Commission 3 Planning and Zoning Commission 1 Planning and Zoning Commission 4 Planning and Zoning Commission 5 Planning and Zoning Commission 999 Planning and Zoning Commission 7 Planning and Zoning Commission Sister Cities Advisory Commission Sort Meeting Type 999 Sister Cities Advisory Commission 999 Sister Cities Advisory Commission 999 Sister Cities Advisory Commission 999 Sister Cities Advisory Commission 999 Sister Cities Advisory Commission 999 Sister Cities Advisory Commission 999 Sister Cities Advisory Commission Strategic Planning Advisory Commission Sort Meeting Type 999 Strategic Planning Advisory Commission 999 Strategic Planning Advisory Commission 999 Strategic Planning Advisory Commission 999 Strategic Planning Advisory Commission 999 Strategic Planning Advisory Commission 999 Strategic Planning Advisory Commission 999 Strategic Planning Advisory Commission First Name Last Name Title Start End Mathew Boik Commissioner 03/01/2018 04/30/2020 Clayton Corey Commissioner 09/03/2019 04/30/2022 Susan Dempster Commissioner 09/03/2019 04/01/2022 Peter Gray Vice Chairman 11/06/2018 04/30/2021 Erik Hansen Chairman 11/06/2018 04/30/2021 Dan Kovacevic Commissioner 10/01/2019 04/30/2022 Scott Schlossberg Commissioner 03/01/2018 04/30/2020 First Name Last Name Title Start End Carol Carroll Chairman 06/19/2018 10/31/2021 Vicky Derksen Commissioner 06/19/2018 10/31/2020 Enrique Melendez Commissioner 09/03/2019 10/31/2022 Lisa Ristuccia Commissioner 09/18/2018 10/31/2021 Nicholas Stumpf Vice Chairman 09/03/2019 10/31/2022 Bev Tall Commissioner 06/19/2018 10/31/2021 VACANT Commissioner 09/03/2019 10/31/2020 First Name Last Name Title Start End Chad Bernick Commissioner 09/03/2019 04/30/2022 Gerard Bisceglia Commissioner 02/05/2019 04/30/2020 Peter Bordow Vice Chairman 02/05/2019 04/30/2021 John W. Craft, Jr. Chairman 02/05/2019 04/30/2021 Gerry Friedel Commissioner 09/03/2019 04/30/2022 Cynthia Magazine Commissioner 02/05/2019 04/30/2020 John McHugh Commissioner 09/03/2019 04/30/2022 Meeting Date: 02/04/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Kukkola Sonia, Financial Services Technician Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a Liquor License Application for Fry's Food & Drug #70, located at 14845 E. Shea Boulevard, Fountain Hills, Arizona, for a Series 7 (Wine & Beer Bar) license. r Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license application submitted by Jeffrey Craig Miller, agent of Fry's Food & Drug #70, for submission to the Arizona Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance with Town ordinances. Related Ordinance, Policy or Guiding Principle A.R.S.§4-201; 4-202;4-203 &4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the liquor license application. SUGGESTED MOTION MOVE to approve a #7 liquor license application for Fry's Food & Drug #70. Attachments Department Recommendation Liquor License Application Form Review Inbox Reviewed By Date Finance Director David Pock 01/20/2020 11:23 AM Town Attorney Aaron D. Arnson 01/20/2020 12:08 PM Town Manager Grady E. Miller 01/21/2020 05:47 AM Form Started By: Kukkola Sonia Started On: 01/16/2020 01:54 PM Final Approval Date: 01/21/2020 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 1/9/20 • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing FR: Sonia Kukkola, RE: Liquor License Application Financial Services Technician Attached is a Liquor License Application forstaff review. Reviewthe application, then markorsign, indicating staff's recommendation forapproval (with or without stipulations) ordenial. If staff's recommendation isto deny and/orthere are stipulations forapproval, please attach a memo that specifiesthe reasoningand the memowill be forwarded ontotheTown Council fortheir consideration of this application. Name of Organization: Frys Food & Drug #70, 14845 E. Shea Boulevard, Fountain Hills AZ 85268 Applicant: Jeffery Craig Miller Date(s) of Event: N/A Date Application Received: 1/6/20 Town Council Agenda Date: 2/4/2020 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z John Wesley X Community Services Linda Ayres X Peter Johnson Building Safety X Fi re Department Jason Payne X Law Enforcement LarryKratzer X Licensing Sonia Kukkola X Street Department Jeff Pierce X Attach report for denial or any recommendation requiring stipulations. State of Arizona Department of Liquor Licenses and Control Created 12/31 /2019 @ 10:53:09 AM Local Governing Body Report LICENSE Number: Type: Name: FRYS FOOD & DRUG #70 State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 14845 E SHEA BOULEVARD FOUNTAIN HILLS, AZ 85268 USA Mailing Address: PO BOX 305103 NASHVILLE, TN 37230 USA Phone: (480)836-7311 Alt. Phone: (480)730-2675 Email: RHONDA@AZLIC.COM AGENT Name: JEFFREY CRAIG MILLER Gender: Male Correspondence Address: PO BOX 2502 CHANDLER, AZ 85244 USA Phone: (480)730-2675 Alt. Phone: Email: CRAIGMILLER@AZLIC.COM 007 BEER AND WINE BAR OWNER Name: SMITH'S FOOD & DRUG CENTERS INC Contact Name: JEFFREY MILLER Type: CORPORATION 0429543 State of Incorporation: OH AZ CC File Number: FO Incorporation Date: 04/20/1989 Correspondence Address: PO BOX 305103 NASHVILLE, TN 37230 USA Phone: (480)730-2675 Alt. Phone: RHONDA@AZLIC.COM Email: Officers / Stockholders Page 1 of 5 Name: Title: FRED MEYER INC Stockholder MONICA JEAN GARNES VP,Pres DAVID RICHARD WEAKLAND VP,CFO TODD ALLEN FOLEY VP/CORPORATE CONTROLLER JEFFREY CRAIG MILLER PARTNER MARION DANIEL KREKELER VP SMITH'S FOOD & DRUG CENTERS PARTNER Name: Gender: Correspondence Address Phone: Alt. Phone: Email: JEFFREY CRAIG MILLER Male PO BOX 2502 CHANDLER, AZ 85244 USA (480)730-2675 RHONDA@AZLIC.COM % Interest: 100.00 SMITH'S FOOD & DRUG CENTERS INC VP,CFO Name: DAVID RICHARD WEAKLAND Gender: Male Correspondence Address: PO BOX 305103 NASHVILLE, TN 37230 USA Phone: (623)907-1907 Alt. Phone: Email: DA VE. WEAKLAND@FRYSFOOD.COM SMITH'S FOOD & DRUG CENTERS INC - VP,Pres Name: MONICA JEAN GARNES Gender: Female Correspondence Address: PO BOX 305103 NASHVILLE, TN 37230 USA Phone: (623)907-1902 Alt. Phone: Email: MONICA. GARNES@FRYSFOOD.COM Page 2 of 5 APPLICATION INFORMATION Application Number: 90470 Application Type: New Application Created Date: 12/31/2019 QUEs-riONS & ANSWERS 007 Beer and Wine Bar 1) If you intend to operate the business while your application is pending you will need an interim permit pursuant to A.R.S.§4-203.01. Would you like to apply for an Interim Permit? If yes, after completing this application, please go back to your Licensing screen, under New License Application choose "Interim Permit" from the drop -down window. No 2) Have you submitted a questionnaire? Each person listed must submit a questionnaire and mail in a fingerprint card along with a $22. processing fee per card. Yes 3) Please provide name, address, and Distance of nearest school. BASIS SCOTTSDALE PRIMARY EAST CAMPUS-1.78 MILES 1440 N 136TH STREET SCOTTSDALE ARIZONA 85259 4) Please provide name, address, and distance of nearest church. SAINT ANTHONY ON THE DESERT EPISCOPAL CHURCH-2.34 MILES 12990 E SHEA BLVD SCOTTSDALE ARIZONA 85259 5) Are you a tenant? (A person who holds the lease of a property; a lessee) No 6) Is there a penalty if lease is not fulfilled? No 7) Are you a sub -tenant? (A person who holds a lease which was given to another person (tenant) for all or part of a property) No 8) Are you the owner? Yes 9) Are you a purchaser? No 10) Are you a management company? No 11) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 12) What is the total money borrowed for the business not including the lease? Please list lenders/people owed money for the business. $0 13) Have you provided a diagram of your premises? Yes 14) Is there a drive through window on the premises? No 15) If there is a patio please indicate contiguous or non-contiguous within 30 feet. NO 16) Is your licensed premises now closed due to construction, renovation or redesign or rebuild? No Page 5 of 5 F- �.S , m �-:: �.�� k-� r_' '� . :� �v ��, F.:: r-� MANAGERS Name: MARIA ANGELITA HERMAN Gender: Female Correspondence Address: PO BOX 305103 NASHVILLE, TN 37230 USA Phone: (602)882-1760 Alt. Phone: ANGIE.HERMAN@FRYSFOOD.COM Email: Page 4 of 5 SMITH'S FOOD & DRUG CENTERS INC - Stockholder Name: Contact Name: Type: AZ CC File Number: Incorporation Date: Correspondence Address Phone: Alt. Phone: Email: FRED MEYER INC JEFFREY MILLER CORPORATION PO BOX 305103 NASHVILLE, TN 37230 USA (480)730-2675 RHONDA@AZLIC.COM State of Incorporation: FRED MEYER INC - Stockholder Name: KROGER CO Contact Name: JEFFREY MILLER Type: CORPORATION AZ CC File Number: Incorporation Date: Correspondence Address: PO BOX 305103 NASHVILLE, TN 37230 USA Phone: (480)730-2675 Alt. Phone: Email: RHONDA@AZLIC.COM State of Incorporation: OR FRED MEYER INC - VP KROGER CO - Treas SMITH'S FOOD & DRUG CENTERS INC - VP Name: MARION DANIEL KREKELER Gender: Male Correspondence Address: PO BOX 305103 NASHVILLE, TN 37230 USA Phone: (615)232-9777 Alt. Phone: Email: DAN.KREKELER@KROGER.COM KROGER CO - Treasurer SMITH'S FOOD & DRUG CENTERS INC - VP/CORPORATE CONTROLLER Name: TODD ALLEN FOLEY Gender: Male Correspondence Address: PO BOX 305103 NASHVILLE, TN 37230 USA Phone: (513)762-4339 Alt. Phone: Email: TODD.FOLEY a KROGER.COM Page 3 of 5 ITEM 7. D. r 4vv Cft PRO7 Meeting Date: 02/04/2020 Agenda Type: Consent TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Submitting Department: Administration Prepared by: Kukkola Sonia, Financial Services Technician Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language)- CONSIDERATION OF approving a Liquor License Application for Blossom Kitchen, located at 14835 E. Shea Boulevard #100, Fountain Hills, Arizona, for a Series 12 (Restaurant) license. r Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license application submitted by Cheng-Chun Pan, agent of Blossom Kitchen, for submission to the Arizona Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance with Town ordinances. Related Ordinance, Policy or Guiding Principle A.R.S.§4-201; 4-202;4-203 &4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the liquor license application. SUGGESTED MOTION MOVE to approve a #12 liquor license application for Blossom Kitchen. Attachments Liquor License Application Departmental Recommendation Form Review Inbox Reviewed By Date Finance Director David Pock 01/20/2020 11:23 AM Town Attorney Aaron D. Arnson 01/20/2020 12:08 PM Town Manager Grady E. Miller 01/21/2020 OS:46 AM Form Started By: Kukkola Sonia Started On: 01/16/2020 02:42 PM Final Approval Date: 01/21/2020 State of Arizona Department of Liquor Licenses and Control Created 12/19/2019 @ 01:57:23 PM Local Governing Body Report LICENSE Number: Type: 012 RESTAURANT Name: BLOSSOM KITCHEN State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 14835 E SHEA BOULEVARD #100 FOUNTAIN HILLS, AZ 85268 USA Mailing Address: 3048 E BASELINE ROAD : •-- "` #123 MESA, AZ 85204 UC� USA Phone: Alt. Phone: (480)570-7639��-- Email: AGENT Name: CHENG-CHUI\ PAN Gender: Male Correspondence Address: 3048 E BASELINE ROAD #123 MESA, AZ 85204 USA Phone: (480)570-7639 Alt. Phone: Email: OWNER Page I of 3 Name: TRIPLE H INTERNATIONAL LLC Contact Name: CHENG-CHUM PAN Type: LIMITED LIABILITY COMPANY AZ CC File Number: 1951035 State of Incorporation: AZ Incorporation Date: 02/19/2019 Correspondence Address: 3048 E BASELINE ROAD #123 MESA, AZ 85204 USA Phone: Alt. Phone: Email: Officers / Stockholders Name: Title: %Interest: CHENG-CHUN PAN MEMBER 100.00 TRIPLE H INTERNATIONAL LLC - MEMBER Name: CHENG-CHUN PAN Gender: Male Correspondence Address: 3048 E BASELINE ROAD #123 MESA, AZ 85204 USA Phone: Alt. Phone: Email: Page 2 of 3 APPLICATION INFORMATION Application Number: 89579 Application Type: New Application Created Date: 12/19/2019 QUESTIONS & ANSWERS 012 Restaurant 1) If you intend to operate the business while your application is pending you will need an interim permit pursuant to A.R.S.§4-203.01. Would you like to apply for an Interim Permit? If yes, after completing this application, please go back to your Licensing screen, under New License Application choose 'Interim Permit" from the drop -down window. No 2) Have you submitted a questionnaire? Each person listed must submit a questionnaire and mail in a fingerprint card along with a $22. processing fee per card. Yes 5) Are you a tenant? (A person who holds the lease of a property; a lessee) Yes A Document of type LEASE is =-equired. 6) Is there a penalty if lease is not fulfilled? Yes What is the penalty? PAID 2 MONTHS RENT FOR DEPOSIT 7) Are you a sub -tenant? (A person who holds a lease which was given to another person (tenant) for all or part of a property) No 8) Are you the owner? No 9) Are you a purchaser? No 10) Are you a management company? No 11) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 12) What is the total money borrowed for the business not including the lease'? Please list lenders/people owed money for the business. 0 13) Have you provided a diagram of your premises? Yes 14) Is there a drive through window on the premises? No 15) If there is a patio please indicate contiguous or non-contiguous within 30 feet. CONTIGUOUS PATIO 16) Is your licensed premises now closed due to construction, renovation or redesign or rebuild? No 17) 1 lave you provided a Restaurant Operation Plan form? Yes 18) I Iave you provided a Records Required for Audit form? Yes 4age 3 of 3 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 1/9/20 • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing FR: Sonia Kukkola, RE: Liquor License Application Financial Services Technician Attached is a Liquor License Application forstaff review. Reviewthe application, then markorsign, indicating staff's recommendation forapproval (with or without stipulations) ordenial. If staff's recommendation isto deny and/orthere are stipulations forapproval, please attach a memo that specifiesthe reasoningand the memowill be forwarded ontotheTown Council fortheir consideration of this application. Name of Organization: Blossom Kitchen,14835 E. Shea Boulevard #100, Fountain Hills AZ 85268 Applicant: Cheng-Chun Pan Date(s) of Event: N/A Date Application Received: 12/30/19 Town Council Agenda Date: 2/4/2020 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z John Wesley X Community Services Linda Ayres X Peter Johnson Building Safety X Fi re Department Jason Payne X Law Enforcement LarryKratzer X Licensing Sonia Kukkola X Street Department Jeff Pierce X Attach report for denial or any recommendation requiring stipulations. Meeting Date: 02/04/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent 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 OF approving the final plat of "Replat for Adero Canyon - Parcel 6", a 45 lot residential subdivision. Staff Summary (Background) Town Council approved the preliminary plat for "Adero Canyon, Phase 2" at the February 6, 2018 regular Town Council meeting. Parcel 6 is the next portion of this development ready for final plat approval. Parcel 5 will be submitted to Town Council in the near future for approval. Parcel 6 is located immediately south of McDowell Mountain Preserve. Lots in this subdivision will be accessed from Eagle Ridge Drive just before Eagle Ridge Drive enters the Preserve. As approved with the preliminary plat, this subdivision contains 15 single residence lots and 30 townhome lots. Prior to recording of the Plat, staff will continue to work with the applicant to finalize the following items: • Staff Approval of Civil (Paving, Grading, Signing, Retaining Wall Plans); Water System Master Report; and Landscape Improvement Plans and Erosion Control Plans(the Water and Sewer Plans have been approved). • Staff Approval of Drainage Report. • Dedication of revised Eagle Ridge Drive Phase II ROW. Based on final staff review and approval of the items noted above, there could be minor changes to the Plat as listed below. With Council approval, staff is authorized to make the following changes to the Plat as needed: • Additional Easements or other minor modifications to the Final Plat determined to be needed during completion of the Improvement Plan Review Process. • Any modifications to the Final Plat determined to be needed upon review and completion of the Eagle Ridge Drive Map of Deduction.Any modifications (increases) to the currently posted Construction Assurance amount. • Related Ordinance, Policy or Guiding Principle Subdivision Ordinance Article 2 - Platting Procedures Subdivision Ordinance Article 3 - Subdivision Design Principles & Standards Subdivision Ordinance Article 4 - Public Improvement Requirements Subdivision Ordinance Article 5 - Grading Standards Subdivision Ordinance Article 6 - Landscaping Standards Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the final plat "Replat for Adero Canyon - Parcel 6." SUGGESTED MOTION MOVE to approve the final plat "Replat of Adero Canyon - Parcel 6" with the conditions listed in this report. Final Plat Vicinity Map Attachments Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/16/2020 07:50 AM Form Started By: John Wesley Started On: 01/13/2020 11:57 AM Final Approval Date: 01/16/2020 R EPLAT Me _. AUERO CANYON - PARCEL 6 § FCUNTAIN HILLS, AR17ONA ; A L'OL:IICM M S`_[; I NUN ?. IU'RMSHH ] NOR IK HANUL G LASI VI "HL UL4 AND S4_I HiU RASL jtNb mlROAN, wAruCOPA CODUNTt1. AAQ0vA trawl 2 F_ Cl"rR. TOLL BROTFER9 -ZG0NBT19LIMI0H CaRFP1fe "AM ARIZONA LILUBD I-OBLITY COMPARY `r')� ICAl1pN i c 2: r ' •aew• } )ss »x1Y a ASSUEi�D WATER SUPPLY a^ <, 0- el Lrtn @- IESE P-M-15 I ar 1 - r, T41 OIOIFlx A2 4[ifTN-nCy 9aLr4r.. lC. ++ MiiY• 9010gr L1RM. !} CRy_x, ry43 m[ n•_Mlr1�rT [r YArA! Rsb.Aln'e XLs Xrn1YY.m �{•.T V:9! 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Miller, Town Manager Staff Contact Information: Ginny Dickey, Mayor Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the painting of twenty bollard lights in Fountain Park as part of a pilot program to determine durability and reduction of glare. r Staff Summary (Background) Resident Ted Blank has requested to conduct a pilot program to paint a limited number of light reflectors in the bollard lighting at Fountain Park for the purpose of reducing glare. Mr. Blank is proposing to conduct a larger test of the bollards with the reflective surfaces painted flat black at the fins of the bollard, 10 successive bollards just south of east parking lot, and 10 successive bollards just south of the amphitheater. Last year the town manager authorized Ted Blank to paint one light fixture. Preliminary measurements using an LED light -meter show that the black paint reduced the reflected (upward) glare from the bollards by —90% without significantly reducing the useful light shining down onto the sidewalk (see photo). It is a measurable process, and the results of painting a series of bollards in a row will demonstrate whether or not it is a worthwhile endeavor by measuring the amount of light on the surface of the sidewalk at the furthest point between any two successive bollards, done first as a pre -test and --after painting --a post test. Having a length of distance with painted bollards is material to accurate measurement, therefore the request to do 10 successive bollards in two separate locations. • If testing demonstrates that painting does not significantly alter the light shining on the walkway but does eliminate the reflected light up and out, then the volunteers are willing to move forward with painting all bollards at direction from staff. • If this significantly reduces the light shining down on the walkway, then the volunteers will return the test bollards to their original condition. As part of the project, staff will be evaluating the light fixtures to ensure that the black paint on the light reflectors will not reduce the amount of light emitted from the light fixtures. This includes ensuring the lighting does not pose safety issues for park patrons and that the lighting continues to meet Americans with Disabilities Act standards for park walking paths. Following the conclusion of the pilot program, Ted Blank and staff will report their findings and recommendations to the Town Council. 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) As this is a pilot program, staff recommends approval. SUGGESTED MOTION MOVE to approve authorizing Ted Blank to lead volunteers in painting 20 bollard light fixtures black as part of a pilot program to reduce glare from the lighting in Fountain Park; and direct Mr. Blank and staff to report their findings and recommendations to the Town Council upon completion of the pilot program. Fountain Park Light Photos Inbox Finance Director Town Attorney Town Manager (Originator) Form Started By: Grady E. Miller Final Approval Date: 01/23/2020 Attachments Form Review Reviewed By Elizabeth A. Burke Elizabeth A. Burke Grady E. Miller Date 01/23/2020 02:47 PM 01/23/2020 02:47 PM 01/23/2020 03:02 PM Started On: 01/14/2020 07:57 AM Fountain Pathway Bollards Before/After ITEM 8. B. r 4VV Cft PRO7 Meeting Date: 02/04/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Staff Summary (Background) This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to provide direction, if any, to staff to communicate the Town's position on the bills. Each Council meeting the Legislative Bulletin will be attached to the Town Council agenda which will include legislative analyses of the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to review the bills that are under consideration in the Arizona State Legislature and provide direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) SUGGESTED MOTION Move to provide staff direction on one or more bills being considered by the State Legislature. Attachments Legislative Bulletin - Issue 1 Legislative Bulletin - Issue 2 Legislative Bulletin - Issue 3 Form Review Form Started By: Jamie Salentine Started On: 01/28/2020 OS:22 PM Final Approval Date: 01/28/2020 W Arizona/1r LEGISLA& www. DTowns ■ ULLETF1 Issue 1 — January 17, 2020 Legislative Update Today is day five of the second session of the 54t" Legislature, which convened on Monday to hear Governor Ducey's State of the State address. During his speech, he highlighted the state's successes in building a robust economy that is attracting new residents and investments in the manufacturing, science and technology industries. The governor touted the "Arizona Way" of policy -making as the reason for the state's accomplishments, including the adoption of universal recognition of occupational licensing, cutting red tape, investments in the rainy -day fund and in infrastructure, among others. He renewed his pledge to not increase taxes to the crowd of lawmakers and guests; "no new taxes; not this session, not next session; not here in this chamber, not at the ballot box, not on my watch." His speech prefaced the initiatives he will focus on this year, which are included in the executive budget that was released to the public today. The budget prioritizes new investments, including expedited replacement of the Gila River Bridge on the I-10 between Casa Grande and Phoenix to three lanes in both directions, additional funding for rural broadband deployment, state parks, tourism, and a rural jobs initiative to strengthen small business and grow the economies outside of Maricopa County. Executive Budget The executive budget includes the following items of interest to cities and towns: • Elimination of the income tax on public service pension pay, retroactive to tax year 2020, will reduce General Fund revenues by $45.5M (this includes a $6.875M reduction to Urban Revenue Sharing) • Targeted transportation investment of $28M to widen the Gila River Bridge in both directions on I-10; the bridge will have capacity of 4 lanes in each direction but will not open additional lanes until construction of other portions of the I-10 are complete • Expansion of the Arizona Advanced Technology Corridor where $4.1M will be provided to the Arizona Commerce Authority to establish technology programs at community colleges in rural areas of Arizona • $500k to the Arizona Office of Tourism to expand programs promoting rural tourism • An expansion of the grant program established for rural broadband from $3M last year to $10M in the FY2021 budget • Nearly $49.7M invested in a Smart Highways Corridor where 514 miles of conduit for future broadband infrastructure will be installed along all I-40, I-19 from Nogales to Tucson, and I-17 from Anthem to Flagstaff • Adding $7.5M to the DUI Abatement Fund where local jurisdictions can apply for grants to fulfill the objectives of the program • Full funding for the Water Quality Assurance Revolving Fund (WQARF) for a total of $15M • Future closure of the Florence Prison with staff ultimately moving to Eyman Prison Transportation Earlier this week, League Executive Director Tom Belshe presented to the House Transportation Committee on the transportation needs of Arizona cities and towns, along with representatives from the County Supervisors Association and the Arizona Department of Transportation. Last year, the League collected information from our cities and towns on deferred maintenance and transportation projects. We received responses from approximately two-thirds of municipalities, totaling $5.4 billion in both deferred maintenance and transportation project funding needs: • $3.1 billion in deferred maintenance needs • $2.3 billion in transportation projects House Transportation Committee Chairman, Representative Noel Campbell (R-Prescott), has been working with stakeholders over the past few sessions to find a revenue source to address the state's backlog of deferred maintenance. Arizona's fuel tax is 18 cents per gallon and has not been increased since 1991 — this tax partially funds the Highway User Revenue Fund (HURF). Municipalities receive a portion of HURF to maintain local streets, roads, and traffic control systems. The League will continue to work with stakeholders in continued discussions related to HURF and the gas tax. Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: January 1/13 — First day of session 1/16 — House 7-bill Introduction Limit Begins (5 p.m.) February 2/4 — Senate Bill Introduction Deadline (5 p.m.) 2/10 — House Bill Introduction Deadline (5 p.m.) 2/17 - 2/21 — Last week to hear bills in the chamber of origin March 3/23 — 3/27 — Last week to hear bills in the opposing chamber A ril 4/17 — Last Day for Conference Committees 4/25 — 100th Day of Session Monday Legislative Update Calls The League will continue to host a weekly conference call to report on the status and impact of various bills in the 2020 session. The calls are scheduled for Monday mornings at 10:00 a.m. However, because of Opening Day and State of the State Address, and the Martin Luther King, Jr. holiday, the first call will be held at 10:00 a.m. on Tuesday, January 21. Mayors, councilmembers, managers and other city or town staff who are interested in legislative activities are invited to participate. Call -in numbers and a brief agenda will be sent out prior to the calls. If you would like to receive the Monday agendas, please contact league@azlea_ ue.org and request to be added to the distribution list for the Monday conference call. Legislative Intern The League is pleased to welcome Maya Perez as the 2020 APS Legislative Intern. She is a junior at Arizona State University studying political science and global studies with a minor in public service and public policy and two certificates in international studies and political entrepreneurship through leadership. Her interest in politics and government made her a strong candidate for the position, and we are proud to have her on the legislative affairs team this session. She participated in the McCain Institute Policy Design Studio program while living and interning in Washington D.C. during the Fall. She is extremely happy to have been placed in this position and to be working with so many people who can help her understand the role of local government and how the League advocates for local decision -making at the state legislature. Your Voice at the Capitol The 2020 edition of Your Voice at the Capitol, our listing of state senators and representatives, is available here. Please use this document to access contact information for your delegation. Early contact with your legislators is strongly recommended to establish a relationship with the elected officials representing your district. Maintaining good communications with your legislators provides them with valuable insight as to how proposed legislation may impact the communities in their districts. Additionally, you can contact our legislative division at (602) 258-5786 or email using the information below: Nick Ponder, legislative director: nponder(a)azleague.org Tom Savage, senior legislative associate: tsavage@azleague.orq Roxanna Pitones, legislative associate: rpitones@azleague.orq Maya Perez, legislative intern: mperez(a)azleague.org Legislative Bill Monitoring All bills being actively monitored by the League can be found here. gWWWAZLEARGUE.ORG LEGISL ■ ULLET11N Issue 2 — January 24, 2020 Legislative Overview Today marks the 12th day of the legislative session. To date, 1,005 bills have been introduced, which is a 34% increase in bill introductions over last year at this point (749) and 61 memorials have been introduced, a 38% increase from last year at this point of the session (44). It is common to see more bills during an election year, but this year's introductions are the largest in recent memory. There are rumors of several outstanding bills being drafted by Legislative Council staff, which means we are likely to see more legislation in the coming weeks. League staff is working very hard to identify any bills that will impact local decision -making and shared -revenue distributions. Lawmakers in the Senate have until Monday, February 3 to introduce legislation, while the House deadline is Monday, February 10. Transportation During this week's House Transportation Committee, mayors and representatives from the cities of Sierra Vista, Willcox, and Globe spoke to the committee about the transportation needs in each of their communities. Mayor Rick Mueller of Sierra Vista emphasized that while the city is slowly coming out of the recession, revenues and growth have been declining for the past eight years. Although Sierra Vista dedicates 1.95% of its local TPT rate to road maintenance, increasing materials and personnel costs make it challenging to improve road conditions. Willcox Mayor Michael Laws thanked the committee for previous investments made by the Legislature that directly benefitted the city by promoting their booming wine industry and increasing access to Northern Cochise hospitals. On the topic of transportation, the mayor shared that the city dedicates 33% of its tax base to road maintenance and repairs. Despite this, to repair the city's infrastructure would require them to triple their current investment. Paul Jepson, city manager for Globe, stated, "we repair what we can, with the money we have", adding that the city budgets $1.2M a year for road maintenance. Nevertheless, approximately one-third of Globe's roads are seriously damaged. Jepson also highlighted the challenges facing rural communities in Arizona, such as the difficulty in securing contracts for construction projects and often the lack of bidders for these projects. Throughout the next few weeks the committee's chairman, Rep. Noel Campbell (R- Prescott), will host additional city and town mayors as well as county supervisors from across the state to speak to the committee about the challenges they face in addressing deferred maintenance and ongoing transportation needs. League Resolutions - Executive Session HB 2053 executive sessions; security plans., sponsored by Rep. Espinoza (D-Tolleson), passed the House Technology committee this week with unanimous approval. This measure allows public bodies, including city and town councils, to discuss issues related to building security and IT security in executive session. The bill is a product of the League's resolution process and has received support from the County Supervisors Association and the Arizona School Boards Association. The bill was double -assigned and is scheduled for an additional hearing in the House Government Committee next week. A mirror measure, sponsored by Senator Borrelli (R- Lake Havasu City), is also pending a hearing in the Senate Government Committee. Legislative Bill Monitoring All bills being actively monitored by the League can be found here. Issue 3 — January 31, 2020 Legislative Overview Today is the 19th day of the legislative session. To date, 1,273 bills have been introduced, a 32% increase in bill introductions at this time last year. Monday is the deadline for the Senate to introduce legislation, while the House deadline is February 10. The last day for committees to hear bills in the chamber or origin is February 21. Civil Penalty Restitution Representative Leo Biasiucci (R-Lake Havasu City) introduced HB 2055 civil traffic violations; community restitution, which allows a person who receives a civil traffic violation to perform court -approved community restitution instead of paying a civil penalty. It was scheduled for a hearing in the House Judiciary Committee but was held from consideration so that an amendment could be drafted to satisfy concerns raised from stakeholders. The bill models the existing restitution process for criminal penalties. However, the bill would preclude the assessment of time payment fees. Typically, a portion of the fee is retained by the court issuing the ticket for administrative costs. It also does not provide guidelines for determining the appropriate rate of community restitution to satisfy the penalty. The amendment will address these concerns and will be offered in committee next week. State Liquor Board Membership HB2144 state liquor board; membership, sponsored by Representative Anthony Kern (R- Glendale), requires one member of the State Liquor Board to be appointed based on recommendations provided by the League to ensure there is a local perspective on Board decisions. This legislation is a League resolution that was adopted at the 2018 League conference. It passed the House Commerce Committee unanimously and now proceeds to the Rules Committee. Residential Rental Tax Representative Cesar Chavez (D-Phoenix) introduced HB2348 municipal TPT; residential rentals; limit which caps the municipal residential tax at 5%. Currently, 75 municipalities tax residential rental with none exceeding 4%, meaning there would be no immediate fiscal impact. However, the League is always skeptical about placing rate caps in statute because those figures can be easily adjusted downward resulting in substantial financial impacts to cities and towns. Additionally, the League feels strongly that placing a cap in one classification of tax would likely lead to caps in other classifications. During testimony in the House Ways & Means Committee on Wednesday, Representative Chavez indicated the impetus behind this bill was that Arizona has an affordable housing shortage and he was looking to address that issue. The League opposed HB2348 in committee and our testimony centered on the 2011 bill, S131160, requiring a municipality to hold a vote if they were to ever increase their residential rental tax rate. Additionally, the League testified that we care strongly about affordable housing and supporting efforts to increase affordable housing was a 2019 League Resolution. We committed a willingness to work with Representative Chavez on issues that truly addressed the root cause of lack of affordable housing. HB2348 passed out of House Ways & Means on an 8-2 vote. Expenditure Limits S131280, sponsored by J.D. Mesnard (R-Chandler) clarifies that Article XX of the Arizona Constitution excludes pension obligations for unfunded liabilities (debt) from the expenditure limit calculations. The League testified in support of the language the bill because we believe strongly that those obligations are debt and that we should be encouraging employers to use cash to pay off unfunded liabilities rather than going into debt to do so. The bill passed out of Senate Finance (5-3). The League expects there to be ongoing discussions with the Arizona Tax Research Association (ATRA), who is in opposition to the bill, next week. Transportation During this week's House Transportation Committee, Mayors and representatives from the Town of Camp Verde, Cottonwood, Kingman, and Yuma made presentations to the committee on the transportation needs in their respective communities. "Since 1991 when the gasoline tax passed, the purchasing power of revenues derived therefrom has dropped more than 70% and the advent of improved vehicle technology has put new stresses to find a solution" emphasized Mayor Charles German of the Town of Camp Verde. Mayor Tim Elinski of Cottonwood spoke about the partnerships in the Verde Valley to attract tourism and become the heart of Arizona wine country. Cottonwood relies solely on sales tax and despite the booming wine industry, the city has $42 million in unmet infrastructure need. Vice -Mayor Travis Lingenfelter of Kingman stated that "50% of local roads have less than five year estimated service life" citing that Kingman has a backlog of $60 million in deferred maintenance. Councilmember Gary Knight, of Yuma thanked the committee for the Legislature's restoration of HURF funds. Despite this infusion of new dollars, "$8 million annually in rehabilitation is required just to maintain the current status, that's not to fix any of the failed roads, just maintain current status..." In the next few weeks, the committee will hear from the transportation authorities from Pima and Maricopa county. Executive Session HB 2053 executive sessions; security plans., sponsored by Rep. Espinoza (D-Tolleson) passed the House Government committee this week with unanimous support. The bill adds the discussion or consultation of security plans, procedures, assessments, measures or systems related to the security or safety of buildings or facilities and IT maintained by the public body as an allowable purpose to hold an executive session. The bill has now cleared two House committees and is pending House Rules, where the measure will be evaluated on its constitutionality. SB 1042 a mirror bill to HB 2053, sponsored by Senator Borrelli (R-Lake Havasu) is scheduled for a hearing on Monday in the Senate Government Committee. Legislative Bill Monitoring All bills being actively monitored by the League can be found here.