HomeMy WebLinkAbout2022.0215.TCRM.Agenda.Packet
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
A M E N D E D 02/14/2022
Mayor Ginny Dickey
Vice Mayor Alan Magazine
Councilmember Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Peggy McMahon
Councilmember Mike Scharnow
Councilmember David Spelich
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, FEBRUARY 15, 2022
WHERE:
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings
of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be
subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a
child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S.
§1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council
Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you
wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be
directed through the Presiding Officer and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a
written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk
prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE : Please feel free to provide your comments by visiting
https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These
comments will be shared with the Town Council.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and
discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.MOMENT OF SILENCE
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.RECOGNITION: Stellar Students of the Month for January 2022
B.RECOGNITION: Outgoing Planning and Zoning Commissioner Jessie Brunswig.
C.PROCLAMATION: Declaring February 25, 2022, as National Skip the Straw Day.
D.PROCLAMATION: Declaring February 12, 2022, as Sally Atchinson Day.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Republic Services Grant Awards to Fountain Hills Nonprofit Organizations.
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 15, 2022 2 of 4
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of
February 1, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-04, abandoning the entirety of a
30 foot Public Alley located within Block 1 of Fountain Hills Plat 302-A (Book 164 of maps,
Page 43, MCR), adjacent to Lots 1, 2, 3, 12, 13, 14 and 15; including a finding of de minimis
value.
C.CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License
application for the Fountain Hills Chamber of Commerce for a beer garden in conjunction
with the Fountain Festival of Arts and Crafts FOUNTAIN HILLS DAY on Saturday,
February MARCH 26, 2022.
D.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License
Application for Bashas' #47, located at 16605 E. Palisades Boulevard, Fountain Hills, Arizona,
for a Series 9 Liquor Store license.
E.CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License
application for Valors on 8th for a beer garden in conjunction with the Mountain 2 Fountain
on March 6, 2022.
8.REGULAR AGENDA
A.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance 21-17,
amending Chapter 10, Single-Family Residential Zoning Districts, Section 10.04, General
Provisions, to add design standards for single-family dwellings.
B.CONSIDERATION AND POSSIBLE DIRECTION: Community Center and Special Event Fee
Waiver Policy.
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.
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 February 15, 2022 3 of 4
Town Council Regular Meeting of February 15, 2022 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 / tday of Yi 2022. 'a -'Sdp
Elizabeth in, MMC,Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)or
1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available for
review in the Clerk's Office.
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 ____________________, 2022.
_____________________________________________
Elizabeth A. Klein, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or
1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for
review in the Clerk's Office.
Town Council Regular Meeting of February 15, 2022 4 of 4
ITEM 4. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 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
Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Declaring
February 25, 2022, as National Skip the Straw Day.
Staff Summary (Background)
Mayor Dickey will be proclaiming February 25, 2022, as National Skip the Straw Day.
Attachments
Proclamation - National Skip the Straw Day
Form Review
Inbox Reviewed By Date
Finance Director David Pock 02/07/2022 04:34 PM
Town Attorney Aaron D. Arnson 02/07/2022 04:41 PM
Town Manager Grady E. Miller 02/08/2022 07:17 AM
Form Started By: Angela Padgett-Espiritu Started On: 02/07/2022 03:53 PM
Final Approval Date: 02/08/2022
ITEM 4. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 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
Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Declaring
February 12, 2022, as Sally Atchinson Day.
Staff Summary (Background)
Mayor Dickey will be proclaiming February 12, 2022, as Sally Atchinson Day in Fountain Hills.
Attachments
Proclamation - Sally Atchinson Day
Form Review
Inbox Reviewed By Date
Finance Director David Pock 02/07/2022 04:34 PM
Town Attorney Aaron D. Arnson 02/07/2022 04:41 PM
Town Manager Grady E. Miller 02/08/2022 07:17 AM
Form Started By: Angela Padgett-Espiritu Started On: 02/07/2022 03:47 PM
Final Approval Date: 02/08/2022
ITEM 5. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 Meeting Type: Town Council Regular
Meeting
Agenda Type: Public Appearances/Presentations
Submitting Department: Administration
Prepared by: Eric Prochnow, Econ. Dev. & Tourism Specialist
Staff Contact Information: Eric Prochnow, Econ. Dev. & Tourism Specialist
Request to Town Council Regular Meeting (Agenda Language): PRESENTATION: Republic
Services Grant Awards to Fountain Hills Nonprofit Organizations.
Staff Summary (Background)
The Town of Fountain Hills and Republic Services have worked in close partnership for a number of
years to provide non-profit organizations with grant funding to support Fountain Hills-based nonprofit
organizations. The grant program funds projects/programs that encourage stewardship of the
environment, enhance the natural beauty of the town, provide public enjoyment, support healthy
lifestyles and human services, and provide educational opportunities.
A total of ten grant applications were reviewed by a grant panel based primarily on the impact of the
proposed grant projects on the community and how it addresses human and environmental challenges
and opportunities. Based on a number of competitive and impactful applications, the grant panel had
the difficult task of scoring, evaluating, and making decisions on how the $10,000 grant fund would be
disbursed between organizations.
The five organizations being awarded grant funding from Republic Services are as follows:
Boys & Girls Clubs of Greater Scottsdale (McKee Branch) - $3,500
Fountain Hills Youth Substance Abuse Prevention Coalition - $3,500
Fountain Hills Dark Sky Association - $1,000
Fountain Hills Theater - $1,000
The Matthew Community at Church of the Ascension - $1,000
The Town of Fountain Hills greatly appreciates the partnership with Republic Services in providing grant
funding to our community-based organizations.
Form Review
Inbox Reviewed By Date
Finance Director David Pock 02/03/2022 08:41 AM
Town Attorney Aaron D. Arnson 02/03/2022 10:11 AM
Town Manager Grady E. Miller 02/04/2022 10:50 AM
Form Started By: Eric Prochnow Started On: 02/02/2022 03:28 PM
Final Approval Date: 02/04/2022
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of February 1, 2022.
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 February 1, 2022.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of February 1, 2022.
Attachments
Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 02/08/2022 10:54 AM
Form Started By: Elizabeth A. Klein Started On: 02/08/2022 08:29 AM
Final Approval Date: 02/08/2022
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 1, 2022
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held
February 1, 2022, to order at 5:30 p.m.
2.MOMENT OF SILENCE
A Moment of Silence was held.
3.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Alan Magazine; Councilmember Peggy
McMahon; Councilmember Gerry Friedel; Councilmember Mike Scharnow
(telephonically); Councilmember David Spelich; Councilmember Sharron
Grzybowski
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Klein
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Councilmember Friedel reported that he attended the GPEC Economic Trends session
where he learned that Arizona has regained 124% of those jobs lost during the pandemic.
He said that it struck him funny since every business is looking for employees. He said that
interest rates have little to do with the price of homes; it has more to do with the need and
that is what is driving up the prices.
Councilmember Grzybowski reported that she attended the GPEC Board of Directors
Meeting, the State of the Town, the Healthy Cities Webinar, review of the GPEC Economic
Trends Regional Report, and the legislative call with the League of Arizona Cities and
Towns.
She said that, once again, it feels like the state is trying to tell them how to spend their
money, and do not know how to instill their own zoning codes. Some legislators have had
council positions previously, and perhaps they should question what they are doing to
benefit cities and towns.
She reminded everyone that on Saturday they will be holding a skate competition at the
Skate Park and Saturday night will be the Teen Community Center Takeover.
Vice Mayor Magazine said that he has been railing for years now on the priorities in
decision-making by the state legislature. Every time they meet he holds his breath.
Vice Mayor Magazine said that he did not want to do anything inappropriate, so he
conferred with the Town Attorney. He then asked the Mayor for a point of personal
privilege, for which she allowed. He said that there is an issue of deep concern to him and
he feels compelled to speak out. At the last meeting they had a unity pledge—a non
discrimination pledge by the town which includes that they as a town do not discriminate
on the basis of race, color, religion and so on. In that context he wanted to note that
January 27 was National Holocaust Remembrance Day.
He said that if they have seen the news, they will know that Jews make up 2.4% (7.6
million people) of the country’s population. Just 2.4%, yet the amount of antisemitism has
risen to the highest level in decades. It includes synagogues being set on fire and attacks
against individuals. Last week an elderly woman spat on an 8 year old child outside a
synagogue simply because the child was Jewish.
Last weekend it was discovered that dozens of swastikas were drawn on pillars around
the exterior of Union Station in Washington D.C. Sunday’s New York Times reported, “A
school board in Tennessee voted unanimously to ban Maus, a Pulitzer Prizewinning
graphic novel about the holocaust from being taught in classrooms. Yesterday the
American Library Association reported that it received “an unprecedented 330 reports of
book challenges last year." Legislatures throughout the country are considering banning
some books—including the Arizona House Education Committee.
He asked where it led. Some people are likening COVID protections like masks to the
holocaust; right wing Nazi sympathizers marched through the streets of Charlottesville;
Gorge Soros, a Hungarian Jew, has been vilified because he financially supports Jewish
causes.
He said that he wanted to make very clear that he knew of no incidents in Fountain Hills.
But, Scottsdale has had its share of problems and they could be next.
He said that he realizes that lots of groups suffer from discrimination. But, the amount of
discrimination against Jews has reached a crescendo not seen in this country in many
years. He was glad that his parents, who were founders with other families, of a
synagogue outside Boston were not alive to witness this. He said the situation is so
heinous, that he felt a moral imperative to speak out.
He thanked the Mayor for the opportunity.
Mayor Dickey said that she heard similar issues raised on the news today, and she
thanked Vice Mayor Magazine for his leadership.
She thanked staff for their work on the recent State of the Town, and also thanked those
that attended.
She said that she was glad to hear that Councilmember Grzybowski attended the Healthy
Cities Webinar. She attended the Volunteer Expo, which is always a nice, positive event.
She was glad to see some of the great organizations in action from throughout the town.
Councilmember Scharnow said that he had a Valley Metro Board Meeting two weeks ago,
and they continue their search for a CEO and CFO. He also attended the Kiwanis blood
drive and Volunteer Expo, which he said is always uplifting.
Town Council Regular Meeting of February 1, 2022 2 of 13
He wrote the area legislators about the enabling legislation extending Prop 400, the
half-cent sales tax for continuing transportation needs within the state. He is attending a
conference in Washington D.C. with the Drug Prevention Coalition and hopes to meet with
Representative Schweikert. He said that the main point of the conference is the best drug
prevention tool is local control.
A.RECOGNITION : Outgoing McDowell Mountain Preservation Commission Member Tom
Barberic
Mayor Dickey said that Mr. Tom Barberic was unable to attend the meeting this evening,
but they wanted to recognize Mr. Barberic, who was appointed to the McDowell Mountain
Preservation Commission by the Town Council in January 2009. She said Tom has been
a pragmatic voice and critical thinker in regards to trail development, public access, and
sustainability. He has offered his time and talents in policy development as well as
hands-on trail building and maintenance. His dedication and ardent support to the
Commission and the Town of Fountain Hills has been evident by his many hours of
volunteer service and is sincerely appreciated by the Council, his fellow Commissioners,
and all the Town’s residents.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Monthly Report by Capt. Kratzer with Maricopa County Sheriff's Office
Captain Kratzer said that he wanted to provide an update on recent "smash and grabs"
occurring in town. He said that there have been eight car break-ins in the last three weeks,
and the MO is the same. All eight have occurred on Thursday or Friday afternoon, and all
but one was in a business parking lot. He said that in three of the instances, a
dark-colored, four-door sedan was identified, possibly a Kia or Chevy Malibu. He said that
with one of the cases, a Tesla's camera got a video of the suspect and one of the
detectives identified him as an investigative lead. They do have some evidence submitted
for fingerprints. In three or four of the cases, credit cards taken were used immediately at
Target and Walgreens.
He reminded everyone to keep any valuables out of sight in their vehicles.
Captain Kratzer also reported on traffic enforcement since his last report. In that time
frame they have reiterated to the department to focus of speed and stop sign violations.
Within that time frame they have had 242 traffic stops. He said that 160 were for speeding,
with 4 for criminal speed citations. They added enforcement at the Palisades/Shea
intersection and had 23 citations written for turning right on red. He said that Town staff is
working on a strategy for that intersection. Once it is complete they will bring it to Council.
Kudos to Justin.
Mayor Dickey thanked Captain Kratzer, noting that she has seen a lot more presence
around.
6.CALL TO THE PUBLIC
Town Council Regular Meeting of February 1, 2022 3 of 13
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.
Mayor Dickey reviewed the purpose of Call to the Public. She said that for those watching
at home, it is not clear that Council can receive comments on items not on the agenda, but
they are not permitted to respond to them, other than to address derogatory comments at
the end of Call to the Public, because the public would not have notice of what was going
to be discussed. To do so would be a violation of the open meeting law.
The following individuals addressed the Council regarding a recent incident involving
Councilmember Peggy McMahon and Vice Mayor Alan Magazine, and circulation of
petitions at Pearl Nutrition.
• Tim Spielbusch, owner of Pearl Nutrition
• Mark Biermann
• Hannah Toth
Comments included:
• On Tuesday, January 25, Peggy McMahon entered his business, Pearl Nutrition, and
seeing that petitions were on the counter, she asked whether he allows anyone to put their
petitions out. He responds "if they're a client of mine, absolutely". She then left.
• On Wednesday January 26, Vice Mayor Alan Magazine entered Pearl Nutrition,
and identified himself, stating that Councilmember McMahon had told him about the
petitions and he was going to take pictures of them. He demanded that the petitions be
taken off of the counter, stating that it was "illegal" if the candidate is not present.
• He felt bullied and threatened.
• He notified the candidates about these encounters.
• He will be filing an ethics complaint for violation of 8.3, 8.4, 8.6 and 8.8 of the Town's
Ethics Policy.
• As Town Council, they should not allow this to happen; it is a negative mark on the
residents and business owners.
• They expect the Vice Mayor and Councilmember McMahon to not intimidate businesses.
• This action was interference with an election. They called the county right away and was
told it was permitted.
• There is a need to have the Planning and Zoning Commission meetings televised to
keep the residents informed.
Crystal Cavanaugh, Fountain Hills, said she understands the hurdles faced by the Town in
addressing the sober living houses, but there is so much more they can do. She said that
someone has been buying up lots along Fountain Hills Blvd. through MCO Realty. She
asked where the transparency was. They need ordinances and oversight, and need to
schedule a special meeting to address the issue.
Ed Stizza, Fountain Hills, stated there were serious holes and the Town Council is the only
line of defense they have. Everyone needs to get on the same page. With regard to the
item on the agenda, they need to be on top of the Park Place project. He asked the Town
Council and staff to do everything they can to protect everything within the town. He has
Town Council Regular Meeting of February 1, 2022 4 of 13
not heard any discussion about the crosswalk and the detox facility issue is a growing
problem.
Ronald Rich, Fountain Hills, voiced concern with the recent articles in the newspaper
regarding sodium in the water and encouraged the Town Council to address the issue
collaboratively with the Sanitary District to find solutions.
Mayor Dickey noted that the Town and Sanitary District have created a task force to
address the sodium issue. She said that Councilmembers Grzybowski and Scharnow sit
on the committee, along with members from the Sanitary District, and they are meeting
regularly. She thanked Mr. Rich for his comments.
Mayor Dickey reported that the Town is working on having Planning and Zoning
Commission meetings streamed in the future.
Vice Mayor Magazine said that the amount of exaggeration from the individuals speaking
against him was stunning. He did not have a camera; his phone was in his pocket. He
was not bullying, and his voice was modulated. He wanted them to know that he believed
the petitions were illegal. He asked that they do file a complaint.
Councilmember McMahon said that the three people that spoke were rude and
underhanded; they spread lies and were without merit. She walked in there in good faith,
ordered, and saw the petitions. She asked if they allowed other petitions. She spent $48,
and for the candidates to take this opportunity to disparage her--shame on them. She said
that the lies and conspiracy theory are absolutely false, and she expected an apology.
Mayor Dickey said that the process they are taking regarding detox and sober living
facilities is the same process they use for every other ordinance. She did not understand
the comments being made about their lack of action. On February 14, 2022, they will
discuss the issues at the Planning and Zoning Commission, and then it will come to the
Town Council. They are working through the process they follow each time with a code
change.
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 Sharron Grzybowski, SECONDED BY Councilmember David
Spelich to approve Consent Agenda Items 7-A and 7-B.
Vote: 7 - 0 Passed - Unanimously
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special
Meeting of January 18, 2022, and the Regular Meeting of January 18, 2022, and the Special
Meeting of January 19, 2022.
Town Council Regular Meeting of February 1, 2022 5 of 13
B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Dark Sky Association for a beer garden in conjunction with the Dark Sky
Festival on March 26, 2022.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Approval of Artistic Land Management
Landscaping, Inc. Contract 2022-057
Mr. Miller said that the Parks Superintendent would give a brief staff report.
Parks Superintendent Kevin Snipes said that they were before Council two years ago
doing the same thing. They have had many difficulties with the contractor they selected at
that time. The contractor sent a 30-day notice to the Town, just as the Town was looking
for a new one.
The Town received proposals from two vendors, and after review and scoring by a
four-person panel, they were recommending Artistic Landscape Management. He said that
the scoring is based on general information and qualifications required to work with
municipalities, such as key positions being Arizona certified land professionals, Arizona
certified arborists, nursery professionals, etc. to make sure they have qualified candidates
coming in. Pricing is one area on which they grade. They were recommending Artistic
Landscape Management at a contract amount of $492,233, with $50,000 for any
supplemental work that may be needed, for an amount of $542,232 per year for five years.
Mr. Miller said that the last company was considered one of the largest in the country.
They were very low priced, but the low bid does not always come in with the best service.
In this case, they were not able to keep up and the Town received numerous complaints.
Mayor Dickey asked if they also take care of irrigation. Mr. Snipes said that they take care
of the rights-of-way and open space and the Town staff takes care of irrigation in the parks
and Town Hall campus. He said that they are constantly fighting problems with the
reclaimed water, especially at Fountain Park. They are going through the Town Hall
campus now and checking for meters overflowing.
MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Sharron
Grzybowski to approve a multi-year contract (Contract 2022-057) with Artistic Land
Management Landscaping Inc. in an annual amount not to exceed $542,233.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of February 1, 2022 6 of 13
B.CONSIDERATION AND POSSIBLE ACTION to provide staff with direction on requested
amendments to the Park Place Development Agreement.
Development Services Director John Wesley, attending telephonically, gave a brief
presentation which addressed:
N-Shea, the developer of Park Place, is ready to move forward with the additional
phases of this development. The project has a development agreement that was
approved by the Town Council on June 16, 2016. That development agreement
includes four provisions that the developer is now requesting to modify. Those changes
include:
Reducing the total number of parking spaces in the "New Town Parking Lots" from
130 to 103
Amending the ratio of residential space to commercial space from 10:1 to 12.4:1
Allowing for four stories of residential use in Building B
Allowing building E to have ground floor residential uses
Vice Mayor Magazine asked if the 54' height was by right. Mr. Wesley said that the
Town Code has a maximum height of 40'; however 54' was given through the original
development agreement.
Mr. Bart Shea said that he submitted a full concept plan to Planning and Zoning. He was
not sure how they took that submittal to just the site plan approval, and he does not
believe he needs any amendments.
He said that some of the issues Mr. Wesley brought up were established in the
development agreement. Residential on the bottom floor was allowed for Sections 2 and
3; they could not have commercial on B and F. That was a give. They wanted to save
the commercial for the corner. The Town dictated where they started commercial. He
does not believe they need to modify the development agreement because staff is not
taking into account the minor General Plan Amendment approved previously.
He said that they want to lose the commercial on the bottom floor because they cannot
lease the commercial they currently have. He personally put in $80,000 so a tenant
could move into the building.
He said that he did not know how they got here. He submitted a plan for Planning and
Zoning Commission and Council, without amendments. Staff felt these were
amendments needed. He had to force a meeting with Mr. Miller and Mr. Wesley, and
that is when he found out they were on the agenda. He said that the memo from staff is
completely not normal. Normally, he would submit a set of plans and staff redlines them.
He received redlines and staff had changed the entrance on the corner to add another
entrance, flipping the parking around.
Mr. Shea then reviewed the plans, noting that they would repaint the current Park Place
to match this portion of the development, but they will not do Morning Star.
He said that they should withdraw the amendments and run through the normal channels
to get before Council.
Town Council Regular Meeting of February 1, 2022 7 of 13
Mr. Miller said that staff's viewpoint, and legal opinion, is that the items being requested
required an amendment to the development agreement to allow them to do what was
being requested. He said that in other cities, they may have a PAD and based on market
conditions, things can change, but this development agreement outlined every building
the way it was to be built.
Mr. Shea said that would be true, as read, but that is not his interpretation. He said that
they have to take into account there was a minor General Plan Amendment specifically
in this area.
Mr. Shea asked if they would not submit the development agreement to the Planning
and Zoning Commission. Mr. Arnson said that the site plan would go through Planning
and Zoning Commission. The issue as Mr. Wesley identified some of the details of the
site plan are not consistent with the development agreement.
Councilmember Spelich said he was confused. The developer is saying he did not agree
with the amendments and want them pulled. If that is the case, he asked why they were
still there.
Mayor Dickey said that the developer is determining that it does not require an
amendment to build as shown on the site plan; staff and legal counsel believe that
amendments are required.
Vice Mayor Magazine asked if some of the bottom floors were below grade. Mr. Shea
said that they were inside Building E. Vice Mayor Magazine asked if they were not
concerned they may get another flood. Mr. Shea said that they spent $2 million to put in
underground parking; they are not worried about that.
Mr. Shea then introduced Ken Okamoto, Button Capital, who is a partner on the next two
phases.
Mr. Okamoto said that they purchased Park Place in April a couple of years ago and
they have become members of the community. They are not simply absentee owners.
They have done their best to try and grow the businesses there to be supported by the
residents. He said that in the last 1 1/2 years they have had 18% of the retail occupied. It
is very tough; the hardest he has ever seen. They also own commercial property in
Phoenix, but they have had no problem getting tenants there. Here, they have had to
subsidize tenants to pay for a lot of improvements to get them in there. He said that it is
not viable to bring in a lot of retail within the next 15 years.
Mr. Okamoto said that when this was conceived they envisioned work force housing,
with studio housing on the back. Through them owning Park Place, they found that what
most people want are two bedroom units, and that is what they are trying to provide. He
said that he did not think staff had a problem with four floors, as long as it was tasteful.
They are aware of the ugly color on the original buildings; once they paint everything
they will be consistent.
He said they can change plans to meet parking requirements. They also have to look at
the economic reality of the situation. They are in this for serving what residents want. By
reducing the number of retail, they will strengthen the core of what they do have. He has
been doing development in California, and the concept is implied in most agreements.
They have to look at the agreement and what was intended. Mr. Shea's view is that it
Town Council Regular Meeting of February 1, 2022 8 of 13
requires substantial compliance. He said they are willing to go through the process. In
terms of getting to the finish line, they would like to get this built so they can meet the
demands. There is hardly anything to rent.
He then introduced Wade Felkins, architect, who came forward and said he has been in
the area since 1973. He said they have had challenges along the way, and there have
been areas where they have compromised.
Mr. Arnson said that he located the 2016 resolution adopting the minor General Plan
Amendment. He said that it changed densities, but did not mention number of floors. He
does not see how it changes anything.
Mayor Dickey reviewed the various residential projects throughout town. She still looks
back at the Downtown Area Specific Plan by Swayback. The intent is to be their
downtown. While she is glad they have people living there now, to her at that time, she
would not have wanted residential on the corner. She is inclined to support "no
residential" on the first floor. They have to live with the 54', but she would not want to
see that expanded. Staff had concerns with the reduced parking, and she has issues as
well.
Mr. Shea said, with regard to parking, they would lose some of the walkway on the town
parcel; they can reduce the grass and increase the parking. Those are things they would
normally address in a development agreement.
The following individuals then addressed the Council regarding the project:
• Larry Meyers
• Greg Johnson
• Tammy Doss
• Betsy LaVoie
• Stan Connick
• Sandi McGee
• Jenny Willigrod, Public Art Committee
• Dori Wittrig
• Art Tolis
• Jay Schlum
• Cecil Yates
• Ed Stizza
Comments included:
• He told them so.
• He visited the Strategic Planning Advisory Commission meeting and all the strategic
plans are written to have the same general theme--natural beauty, vibrant downtown,
bring in young people, outdoors. The Strategic Plan consists of the great dreams of
Fountain Hills. The only people getting in the way is the staff and government.
• In 2016, he told then Mayor Cavanagh that this development was not vibrant. He had a
great plan, but could not finance it.
• When they give up on a dream, they are finished. They gave up on that piece of land.
With the existing building it is the end of the vibrant dream.
• He asked the Council to do the best they can to keep whatever is left from the bad
decision made in 2016.
• He agreed with the Mayor.
Town Council Regular Meeting of February 1, 2022 9 of 13
• When it was first built, he thought the concrete was supposed to be finished. Not a
major issue, but if they are going to the next phase it should be addressed.
• If memory serves him, they owed $800,000 in building permits, but it went from one
lawyer's office to another.
• There was an issue with property on the other side of this area with overspray on the
windows. Will that issue be dealt with?
• Has been a homeowner in Fountain Hills since 2016.
• She sold a very large home to buy a condo that will face this building. They heard they
were getting a Kierland Style development, but then it was built. They figured they would
take advantage of that and tried to open a business, but it was rejected because the
residential density had not been built out. She has been waiting for the rest of the
commercial to be built so she could open underneath, but now she is hearing it will be
residential.
• As far as removing any of the art walk to put in additional parking, that would affect her.
• Asked the Council to consider making no changes to this and stay with first floor
commercial.
• Due to the shortage in housing and availability of commercial space, rentals would be
impactful. The staffing shortage is directly related to this. • Businesses need local
support in rental housing for job retention.
• Along with the success of Havenly, this responsible development would be an added
benefit.
• She thanked the developers for choosing Fountain Hills.
• He is a local architect. He thought they wanted commercial on the corner, but in talking
with someone, he questioned whether they really want another Gilbert with intense
activity.
• Mr. Shea has proven himself; with the positiveness that he has given the community,
he could not thank him enough.
• She is past Theater Board President and wanted to make them aware that Bart Shea
has been a long-time valued donor.
• His support and contributions have been given without recognition.
• The amount of time, construction and funding he has provided to the theater is over
$50,000
• Is on the new Public Art Committee and they are looking forward to working with Bart;
they have worked well together in the past.
• She also worked with Bart as past president of FHCCA, and he was involved with
volunteering hours and materials for the community garden.
• Let this move forward. Reminded everyone that the community was conceived to be
72,000 residents; it has been reduced to less than half that and there is too much
commercial.
• The responsibility of Council and staff is to be fair with Mr. Shea. Right now, this
process has been far from fair. He spoke with Mr. Shea last week and the vast majority
of what is being discussed should have been discussed in executive session, but Mr.
Shea was not invited into the executive session.
• This process could cost the developer money and investor relations. Being fair is
critical. This process is out of line.
• Most people he speaks with that are new to town go downtown and say, "this is coming
along."
• Over the last 15 years they have seen things change.
• Some say the downtown is way too big, they need more residential.
• He is excited for another 188 units.
• Encouraged staff and leaders to be engaged.
• As the market changes, they need to change with it.
• The project started with the development agreement; it was only done to get the first
Town Council Regular Meeting of February 1, 2022 10 of 13
project pushed through.
• The development agreement expires June 1, 2022. If that is the case, they should try
to do the best development and use of land.
• A lot of people did not want the first development with Park Place.
• Let the development agreement expire and start over.
Town Clerk Elizabeth Klein noted that two written comments were also submitted:
Randall Doss - against the proposal; Don Hervey, Commander for the VFW Post 7507 -
in support of the proposal.
Vice Mayor Magazine said that units at Park Place are fairly expensive. He asked how
they square that with the need for workers in restaurants. Ms. Wittrig replied that there
are others in the community with better credit ratings. If there are more rentals, they
would be able to move into Park Place and other areas, freeing up some of the lower
end rental housing for the work force.
Mayor Dickey said that it is not like they are saying they do not want more residential.
There are three more projects on line ready to be completed providing more housing.
This is the prime avenue in town. There are other reasons, aside from housing, that
businesses are struggling for workers.
Mayor Dickey said that the first thing established was the proper and only legal way to
go forward. There has been plenty of discussion with staff and Mr. Shea. She said that
they have followed this process with every project.
Councilmember Grzybowski thanked Ms. Wittrig and Mr. Yates for their statistics. She
said that she loves the concept of residential only. One of the biggest complaints they
get is how much vacant commercial space there is. She does have a problem with the
parking issue. People drive in Fountain Hills. She would not be in favor of the
amendment as proposed.
Mr. Shea said that the parking ratio on units themselves meet the standards. The only
reduction is parking on the town-owned lots.
Councilmember Spelich said that he was not going to say much, but two former
councilmembers have basically said the Council is not giving customer service and not
being fair. It was no secret that when he ran for election, he was opposed to Park Place
and a primary property tax; both of them were for. He is sitting in the chair because of
decisions they made previously. For them to come to an open meeting and call the
Council out is not right. Also, it seems like the majority of those speaking on Mr. Shea's
behalf have some ties to real estate or have had previous dealings with the developer.
Councilmember Scharnow said that he is in favor of completing development in the
downtown area. He has been in town since 1983 and has been a proponent for growth.
He voted for Daybreak. But, he agrees with Councilmember Spelich in terms of process.
If Mr. Tolis had his way, they would be meeting behind closed doors. He has issues with
the way things have been proposed. He backs staff and legal counsel. The clock started
over a year ago; it is unfortunate that it has come this close to a deadline. If Mr. Shea
feels he can proceed, more power to him. He backs staff and legal counsel. He cannot
get behind the proposed amendments.
Councilmember Friedel said that he agreed with Councilmember Scharnow; they have
to back staff and Mr. Arnson. He said that with the four requests, it seems like a
Town Council Regular Meeting of February 1, 2022 11 of 13
brand-new plan. The TCCD requires them to have nonresidential and asked if they were
going to change that again. He said he cannot get behind it because of that aspect.
Vice Mayor Magazine said that he was vehemently opposed to the two buildings there.
Bart is a nice guy and well meaning, but he has some of the same concerns. His
vision was not to have more apartments on the ground floor. He still thinks that the
problem of getting commercial in there is a sign of the times. Also, he just does not like
the idea of ground floor apartments.
Mayor Dickey said it was mentioned that they started talking about this a year ago; the
Town has not delayed anything. She said that Mr. Shea helped craft the development
agreement and now he is arguing with things he does not like in it.
Mr. Shea said that he is going to withdraw all the amendments. He gave the Town a full
concept plan and the Town redlined it. By the Town staff taking this through this process
instead of submitting his plan, it has created problems with timing. Mayor Dickey said
this was the process as recommended by staff.
Mr. Shea said that this is the proper procedure for an amendment to the development
agreement. He timely submitted plans and received redlines, and then they stopped. Mr.
Wesley said that they received the site plan application in November, just before
Thanksgiving and one week later than agreed to. They agreed to get it on the February
14, 2022, Planning and Zoning Commission meeting and the site plan on the second
Council meeting in March.
Mr. Miller asked if the process would be changed if the Council either rejects one or
multiple requests with the development agreement amendments. Mr. Wesley said that if
the Council votes this evening to not support the amendments to the development
agreement, that would take away the ground floor residential from Building E in the site
plan.
Mr. Shea said that it is a Catch 22. Councilmember Spelich said that the applicant just
said he wants all the amendments removed, so he asked why they were voting on
anything. Mr. Arnson said that, ultimately, it is up to the Council.
At this time, Mr. Shea formally withdrew the request to amend the development
agreement. If staff has issues with the way the site plans are done, they can redline and
he will address that before they get to Planning and Zoning.
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 there are two bills that authorized Prop 400, 1356 was heard
yesterday and passed 9-0 out of committee. The other one is to be heard tomorrow.
The bill regarding membership dues did not pass 6-4; the Town's representative voted
yes.
The bill prohibiting school districts and municipalities from holding mail-ballot elections
passed 4-3, but was double assigned to Education. They do not think there is as good of
a chance.
Town Council Regular Meeting of February 1, 2022 12 of 13
Vice Mayor Magazine asked about the gun legislation. Mr. Arnson said that it has not
been heard yet.
Mr. Miller said that SB2375, urban revenue sharing, is on the Council may wish to take a
position on.
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 David Spelich, SECONDED BY Vice Mayor Alan
Magazine to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held February 1, 2022,
adjourned at 8:26 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, 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
February, 2022. I further certify that the meeting was duly called and that a quorum was present.
DATED this 15th day of February, 2022.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of February 1, 2022 13 of 13
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Resolution 2022-04, abandoning the entirety of a 30 foot Public Alley located within
Block 1 of Fountain Hills Plat 302-A (Book 164 of maps, Page 43, MCR), adjacent to Lots 1, 2, 3, 12, 13,
14 and 15; including a finding of de minimis value.
Staff Summary (background)
Town Staff held a pre-submittal meeting with a developer that is interested in constructing an RV
storage facility at 12002 N Falcon Drive. Along the rear of this property (the west side), is a 30-foot wide
public alley that runs in a north/south direction. This alley is adjacent to Lots 1, 2, 3, 12, 13, 14 and 15 as
shown on the attached Exhibit A. The alley runs from the south side of 12002 N Falcon Drive (Lot 3),
north to E Tioga Dr. The developer of 12002 N Falcon Drive wishes to construct a second driveway
entrance at the southwest corner of the property. A driveway entrance at this location can not be
constructed safely with the existing geometry of the alleys. After a thorough review, the Town has
determined that the entire 30-foot public alley that extends from E Tioga Drive on the north side, to the
existing alley just south of Lots 3 and 12, is not needed, and so it may be abandoned.
The following easements will be retained over the full abandoned alley right-of-way:
Public Utility Easement
Drainage Easement
Since a Public Utility Easement is being maintained over the abandonment area, all utility companies
have not been contacted for their approval of this abandonment.
The Town sent a letter dated December 23, 2021 to all property owners having frontage on the alley to
be abandoned, advising them that the Town no longer requires the alley for its use as right-of-way, and
that they will each acquire 15 feet along the rear of their respective properties. As owners, they will
each be responsible for maintenance of their newly acquired property, and the Town will no longer be
responsible for said maintenance. Each of the owner letters were accompanied by an Exhibit,
highlighting the portion of the alley they would be acquiring. The letters are included as an attachment
to this Staff Report.
State Law requires the Council to make a finding of "de minimis value" to abandon a right-of-way, so
that has been included in the approval motion language.
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 approval of abandonment of the entirety of this public alley, subject to the following
stipulation:
Retain easements as indicated in Exhibit A (Public Utility and Drainage Easements)
SUGGESTED MOTION
MOVE to adopt Resolution 2022-04, including a finding of de minimis value.
Attachments
Vicinity Map
Exhibit A: Alley ROW Abandonment
Aerial Photo Map
Res. 2022-04
Owner Letters with Exhibits
Form Review
Inbox Reviewed By Date
Town Clerk David Janover 01/27/2022 09:33 AM
Town Engineer (Originator)David Janover 01/27/2022 09:55 AM
Town Clerk Elizabeth A. Klein 01/27/2022 10:40 AM
Public Works Director Justin Weldy 02/07/2022 08:08 AM
Town Attorney Aaron D. Arnson 02/07/2022 08:45 AM
Town Manager Grady E. Miller 02/08/2022 07:16 AM
Form Started By: David Janover Started On: 01/20/2022 04:46 PM
Final Approval Date: 02/08/2022
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VICINITY MAP
FOUNTAIN HILLS AZ, PLAT NO. 302-A
ALLEY RIGHT-OF-WAY ABANDONMENT
EXHIBIT "A"
TOWN OF FOUNTAIN HILLS
RIGHT-OF-WAY ABANDONMENT
R-O-W AREA = 20,279 SF or 0.47 AC
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INC. 1989ALLEY RIGHT-OF-WAYTO BE ABANDONEDLOT 14PANORAMA DRLOT 13LOT 152021 AERIAL PHOTOFOUNTAIN HILLSARIZONA PLAT NO.302-A, BLOCK 1,LOTS1,2,3,12,13,14&15ALLEYRIGHT-OF-WAYABANDONMENTTIOGA DRFALCON DRALLEY ALLEYENTERPRISE DR
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LOT 1LOT 2LOT 3LOT 4LOT 12ALLEYRIGHT-OF-WAYABANDONMENTAREALEGEND:
RESOLUTION 2022-04
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, PURSUANT TO A.R.S § 28-1901 ET. SEQ.
ABANDONING ALL RIGHT, TITLE, OR INTEREST IT HAS IN THE 30’
PUBLIC ALLEY RIGHT-OF-WAY LOCATED WITHIN BLOCK 1 OF
FOUNTAIN HILLS PLAT 302-A, AS RECORDED IN THE BOOK 164 OF
MAPS, PAGE 43 OF THE RECORDS OF THE MARICOPA COUNTY
RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER
NECESSARY
RECITALS:
WHEREAS, A.R.S § 28-1901 et. seq. provides for the disposition of unnecessary public roads;
and
WHEREAS, The Town Council of the Town of Fountain Hills is the governing body of the Town.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. That the 30’ public alley located within Plat 302-A, Block 1, adjacent to Lots 1, 2, 3,
12, 13, 14 and 15, as recorded in Book 164, Page 43, Maricopa County Recorder Records as
depicted in Exhibit A attached hereto and incorporated herein is hereby declared to be no longer
necessary for public use as a right-of-way.
SECTION 2. That the Council determines this property can best be used to protect the public
health, safety and welfare of the adjacent property owners and the citizens of the Town and
therefore declares that the value of the property is de minimis and that no compensation is required
from the adjacent property owners pursuant to A.R.S. § 28-1902.A.3 and § 28-1902.A.5.
SECTION 3. That upon recordation of this resolution in the office of the Maricopa County
Recorder, title to 15’ as depicted in Exhibit A shall vest in the owners of record of the adjacent
property as determined by the records of the Maricopa County Recorder on the day of recordation,
subject to the easements retained.
SECTION 4. That a public utility easement and drainage easement shall be retained as shown in
Exhibit A.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 15th day
of February, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
RESOLUTION NO. 2022-04 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 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 AND
POSSIBLE ACTION: approving a Special Event Liquor License application for the Fountain Hills Chamber
of Commerce for a beer garden in conjunction with the Fountain Festival of Arts and
Crafts FOUNTAIN HILLS DAY on Saturday, February MARCH 26, 2022.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Jill Haislip, representing the Fountain Hills Chamber of Commerce for
submission to the Arizona Department of Liquor. The applicant and Fountain Hills Chamber of
Commerce are keenly aware that the final issuance of a liquor license as well as approval to hold the
Fountain Hills Day on March 26, 2022, is contingent upon the state, county, and local ordinances and
guidelines as it relates to public health and the COVID-19 pandemic. Furthermore, the applicant and
Fountain Hills Chamber of Commerce understand the Avenue of the Fountains may not be able to
serve as the venue and that the Fountain Hills Day event is subject to cancellation. All special event
liquor license applicants are required to submit an application and pay a $25 fee for processing. Once
the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town
Council for review and consideration. After 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. 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.
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
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License
Attachments
Liq Lic App
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 02/08/2022 09:56 AM
Finance Director David Pock 02/08/2022 10:17 AM
Town Attorney Aaron D. Arnson 02/08/2022 11:03 AM
Town Manager Grady E. Miller 02/08/2022 11:27 AM
Form Started By: Linda Ayres Started On: 02/07/2022 08:08 AM
Final Approval Date: 02/08/2022
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 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): PUBLIC HEARING,
CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License Application for Bashas' #47,
located at 16605 E. Palisades Boulevard, Fountain Hills, Arizona, for a Series 9 Liquor Store license.
Staff Summary (Background)
The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license
application submitted by Michael Joseph Basha, agent 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 series #9 liquor license application for Bashas' #47.
Attachments
Department Recommendation
Application
Form Review
Inbox Reviewed By Date
Finance Director David Pock 02/08/2022 11:02 AM
Town Attorney Aaron D. Arnson 02/08/2022 11:03 AM
Town Manager Grady E. Miller 02/08/2022 11:26 AM
Form Started By: Kukkola Sonia Started On: 02/08/2022 09:29 AM
Final Approval Date: 02/08/2022
TOWN OF FOUNTAIN HILLS
ADMINISTRATION DEPARTMENT
INTER OFFICE MEMO
TO:(as applicable)
Streets Division
Fire Department
Building Division
Community Services
Development Services
Law Enforcement
Licensing
DATE:2/7/22
FR:Sonia Kukkola,
Financial Services Technician
RE:Liquor License Application
Attached is a Liquor License Application for staff review.
Review the application, then mark or sign, indicating staff’s recommendation for approval (with or
without stipulations) or denial.
If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo
that specifies the reasoning and the memo will be forwarded on to the Town Council for their
consideration of this application.
Name of Organization: BASHAS’ #47, 16605 E. Palisades Boulevard Fountain Hills AZ 85268
Applicant: Michael Bashas
Date(s) of Event: N/A
Date Application Received: 12/23/21 Town Council Agenda Date: 2/15/22
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
Fire Department Dave Ott X
Law Enforcement Larry Kratzer X
Licensing Sonia Kukkola X
Street Department Jeff Pierce X
Attach report for denial or any recommendation requiring stipulations.
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 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 AND
POSSIBLE ACTION: approving a Special Event Liquor License application for Valors on 8th for a beer
garden in conjunction with the Mountain 2 Fountain on March 6, 2022.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Romaldo Gonzalez, representing the Valors on 8th for submission to the
Arizona Department of Liquor. The applicant and Valors on 8th wish to obtain Council approval for the
liquor license application as an administrative step, in anticipation of the Arizona Department of Liquor
License and Control resuming this service and understands issuance of special event liquor licenses may
not resume prior to the event date of March 6, 2022. All special event liquor license applicants are
required to submit an application and pay a $25 fee for processing. Once the fee is paid and the
application is reviewed by Town staff, the application is forwarded to the Town Council for review and
consideration. After 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. 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.
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 the Special Event Liquor License
Attachments
Application
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 02/09/2022 02:33 PM
Finance Director David Pock 02/09/2022 02:48 PM
Town Attorney Elizabeth A. Klein 02/10/2022 09:25 AM
Town Manager Grady E. Miller 02/10/2022 10:45 AM
Form Started By: Linda Ayres Started On: 02/09/2022 02:12 PM
Final Approval Date: 02/10/2022
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING,
CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance 21-17, amending Chapter 10,
Single-Family Residential Zoning Districts, Section 10.04, General Provisions, to add design standards for
single-family dwellings.
Staff Summary (Background)
February 15, 2022, Update
The Council held the public hearing and discussed this item at the regular meeting on January 18. Prior
to the meeting Dennis Brown raised a few concerns regarding the proposal, but was unable to attend
the meeting for further discussion. The Council voted to continue the hearing to their February 15,
2022, meeting to allow staff the opportunity to talk to Mr. Brown about his concerns and propose
modifications, if necessary, to address those concerns.
Staff met with Mr. Brown and reviewed his concern. He was able to point out situations where a
legitimate single-family home would have more than one 2-car garage and both would need to face the
street due to lot configuration and slope issues. As an alternative, staff agreed to provide Council with
an amended ordinance that removes the specific requirements regarding the garage doors and front
doors facing the street and amend the wording in the provision regarding mirror images to include
these items. By doing so the intent is still there way giving more flexibility to review a specific design to
see if the placement and design of the garages and front doors are creating an issue.
Both the original and revised ordinances are attached for Council consideration. Mr. Brown suggested
that regardless of which ordinance is approved, that staff monitor what is being reviewed and approved
and provide a report back to Council in a year to see if any modifications should be made.
Original Staff Report
On several occasions over the last few months staff has received building permit plans for single-family
homes that look a lot like duplexes. These homes give the appearance of a duplex from the street and
could very easily be modified to turn them into a duplex. Because they met all the technical
requirements of the zoning ordinance and building codes as single-family dwellings, staff had to approve
the applications. Because the property is zoned for single-family uses they could not legally be
converted to a duplex use, but it could be very tempting to do so without proper permits. Regardless of
the actual use, the buildings give an appearance as a duplex in the neighborhood which could negatively
impact other properties in the area.
In one case, the neighbors in the area became aware of the design and were significantly concerned
about the issues listed above. They were concerned about how the dwelling would actually be used and
that homes could be built on other vacant lots in the area that would also look like duplexes instead of
single-family homes. They brought their concerns to staff and staff agreed to look at possible ordinance
amendments to address the concerns.
Staff and the Council have recently been supportive of allowing second kitchens in single-family homes
to accommodate a variety of living styles including "mother-in-law" quarters, and guest houses. This
brings with it, however, the opportunity for abuse to convert a home to a duplex and/or take advantage
of vacation rental allowances.
The Fountain Hills General Plan 2020 has three goals with related policies that support the need to
protect and maintain existing neighborhoods. These statements are:
Thriving Neighborhoods Goals and Policies
Goal 1: Continue to develop and maintain thriving neighborhoods.
Policy 2: Protect existing neighborhoods from incompatible development that does not
support the character of that area.
Goal 2: Support a housing strategy that encourages a broad range of quality housing types to
address current and future housing needs and to support long-term vitality.
Policy 6: Support quality residential development that meets Town housing needs,
promotes vitality of established neighborhoods, and enhances the quality of life in Fountain
Hills.
Policy 7: Provide various regulatory and financial incentives to encourage well designed
housing, special needs housing, and housing affordable to households of different income
levels.
Goal 3: Maintain the quality of existing neighborhoods.
Policy 1: Protect established single-family residential neighborhoods from the transition,
intensification, and encroachment of uses that detract and/or change the character of the
residential neighborhood.
Given the concerns, staff investigated how cities and towns define single-family dwellings and looked
for existing single-family residential design standards that could be put in place to help reduce the
opportunity to design and build a home that looks like a duplex on the outside and is easily converted to
one on the inside. In review of definitions, staff did not find any definitions used by other communities
that are significantly different from our current definition. Regarding design standards, staff did not
find any that address the issue at hand. The ones we could find were directed to ensure a high-quality
design aesthetic, particularly along a street, not to making sure a single-family home did not look like or
function like a duplex.
The primary exterior features of a dwelling that can make it look like something other than a
single-family home are the number and placement of garage doors, the number and placement of
"front" doors to the home, and if the two sides of the front of the home are mirror images of each
other. Staff has addressed these concerns in the design standards by including provisions to allow no
more than one two-car wide garage door or one front door to face the street in front of the property
and encouraging that mirror images not be used. Sections 10.04 B. 1 , 2, and 3 addresses these
concerns.
Section 10.04 B. 1 addresses garage design. If two or more 2-car-wide garages are proposed, only
one can directly face the front street. All others will need to be located to not be directly visible
from the front street thus reducing both the "garage-scape" appearance along the street and the
possible perception of a duplex design.
Section 10.04 B. 2 addresses the front door concern. It is certainly possible for homes to have
more than one entry along the front of the home, particularly for homes with front casitas or
guest quarters. To still allow this, but reduce the possible appearance as being a duplex with two
equal front doors, this section requires at least one of the doors to be located so it is not
immediately visible from the front street.
Section 10.04 B. 3 states "the front facade of the dwelling should not include mirror images of
each half of the building." Using the word "should" instead of "must" expresses the intent in
context of the rest of the section while still allowing the mirror design if it is not contributing to a
duplex appearance.
The primary concerns on the interior of the building are allowing more than one full-size kitchen and
ensuring the interior functions as one dwelling; does not have segments that can be totally walled off
from the remainder of the dwelling. Sections 10.04 B. 4 and 5 address these concerns.
Section 10.04 B. 4 provides a limitation on the size of secondary kitchens to keep there from being
two full-sized kitchens. While there could be some ambiguity in which countertops are really part
of the kitchen, we believe it will be clear in most cases and staff can work with an applicant in a
given situation to make that determination. Staff is open to adjustment to the allowance for the
amount of secondary food preparation areas. Staff suggested 50% and the Planning and Zoning
Commission has kept that number.
Section 10.04 B. 5 addresses the concern of the floor plan being one that is easily modified so that
interior walls separate the interior into two separately functioning dwelling units. While this
would not be legal in a single-family district anyway, this adds extra emphasis to review the
design for features that make it possible.
Section 10.04 C adds a comprehensive approach to determining if a proposed dwelling should be
considered a single-family home and allows staff to not approve a permit for a home if it does not
comply with these requirements. If a dwelling is designed to with more than one "distinct" living area, it
cannot be approved if the design includes at least six of the following eight items:
Bedroom(s)1.
3/4 or larger bathroom(s)2.
Laundry room3.
Kitchen or area for food preparation4.
Separate water heater5.
Separate, direct access from the front side of the property or the garage 6.
Separate HVAC system with thermostats7.
Electrical service from subpanels are aligned with the distinct living areas of the dwelling.8.
Section 10.04 C also contains to exceptions to the basic rule. One is for approved guest houses which
are accessory units and would not be considered under these provisions, and the other is for "in-law"
suites in a home when those suites are less than 30% of the size of the dwelling.
Related Ordinance, Policy or Guiding Principle
General Plan 2020 Thriving Neighborhoods Goals 1 and 3
Zoning Ordinance Section 1.12 definitions of dwellings
Zoning Ordinance Chapter 5, General Provisions
Zoning Ordinance Chapter 10, Single-family Residential Districts
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission reviewed this proposed ordinance at two meetings, September 8
and December 13, 2021. Based on their review several modifications were made to the draft
ordinance. A member of the public provided comments and support for the proposed amendment. The
Planning and Zoning Commission voted unanimously at their December 13 meeting to recommend
approval of the ordinance.
Staff Recommendation(s)
Cities and towns have generally been reluctant to place significant design standards on single-family
homes. With changing markets and design ideas, there is a need to take steps as necessary, however, to
ensure to the degree we can that homes built in single-residence neighborhoods will maintain the
standards of those neighborhoods.
Staff believes the standards being proposed provide the balance between allowing freedom in design of
single-family homes while giving some additional standards and tools for staff to use in review of plans.
Staff supports the recommendation for approval of this text amendment.
Update: Staff can support either the original ordinance or the revised ordinance based on input from
Mr. Brown.
SUGGESTED MOTION
Motion to approve Ordinance #21-17, specifying either the original ordinance or the revised ordinance.
Attachments
Revised Ordinance
P&Z Recommended Ordinance
Example Plans
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 02/01/2022 11:00 AM
Form Started By: John Wesley Started On: 01/26/2022 05:00 PM
Final Approval Date: 02/01/2022
ORDINANCE NO. 21-17
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 10, SINGLE-FAMILY
RESIDENTIAL DISTRICTS: R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10,
R1-10A, R1-8, R1-8A, R1-6, R1-6A, MODIFYING SECTION 10.04,
GENERAL PROVISIONS BY ADDING DESIGN STANDARDS FOR
SINGLE-FAMILY DWELLINGS
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 10, Single-family Residential
Districts, Section 10.04, General Provisions by adding specific requirements for the design
of single-family dwellings; and
WHEREAS, the Town Council desires to implement the goals and policies of the Fountain
Hills General Plan 2020 with regards to protecting existing neighborhoods; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. §
9-462.04, public hearings regarding this o rdinance were advertised in the October 20 th
and 27th and November 3rd, 2021, and the December 29th, 2021 and January 5th, 2022
editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on November 8, and December 13, 2021, and by the Town Council on
January 18, 2022.
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and
the laws of the State of Arizona, the Town Council has considered the individual property
rights and personal liberties of the residents of the Town and the probable impact of the
proposed ordinance on the cost to construct housing for sale or rent before adopting this
ordinance.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 10, Single-family Residential
Districts: R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-
6A, Section 10.04, General Provisions, is hereby amended to add the following definition:
A. The General Provisions in Chapter 5 herein shall apply.
B. IN ORDER TO ENSURE THAT HOMES BEING BUILT IN SINGLE-FAMILY
ZONED NEIGHBORHOODS QUALIFY TO BE CONSIDERED SINGLE-FAMILY
DWELLINGS, THE FOLLOWING PROVISIONS SHALL APPLY.
1. THE FRONT FAÇADE OF THE DWELLING SHOULD NOT INCLUDE
MIRROR IMAGES OF EACH HALF OF THE BUILDING, ESPECIALLY
WITH THE PLACEMENT AND ORIENTATION OF MULTIPLE 2-CAR
GARAGES AND POINTS OF ENTRY.
2. KITCHENS. IF A DWELLING UNIT INCLUDES MORE THAN ONE
AREA INDOORS FOR THE PREPARATION OF FOOD (A KITCHEN),
ONE KITCHEN MUST BE DESIGNATED ON THE BUILDING PLANS
AS THE PRIMARY KITCHEN AND THE TOTAL COUNTERTOP AREA,
INCLUDING ISLANDS, DEVOTED TO OTHER INDOOR AREA(S) FOR
PREPARATION OF FOOD CAN BE NO MORE THAN HALF THE
SQUARE FOOTAGE OF COUNTERTOP AREA IN THE DESIGNATED
PRIMARY KITCHEN.
3. FLOOR PLAN, EXCEPT AS ALLOWED FOR GUEST HOUSES. ALL
CONDITIONED SPACE WITHIN THE DWELLING MUST BE FULLY
ACCESSIBLE FROM ALL OTHER AREAS WITHIN THE DWELLING
WITHOUT HAVING TO GO OUTSIDE. NO FIRE RATED WALLS CAN
SEPARATE ONE PART OF THE DWELLING FROM ANOTHER.
C. A PLAN FOR A SINGLE-FAMILY DWELLING SHALL NOT BE APPROVED AS
A SINGLE-FAMILY DWELLING:
1. IF IT IS DESIGNED WITH MORE THAN ONE DISTINCT LIVING AREA
WHEN EACH AREA CONTAINS AT LEAST SIX OF THE FOLLOWING:
a. BEDROOM(S)
b. ¾ OR LARGER BATHROOM(S)
c. LAUNDRY ROOM
d. KITCHEN OR AREA FOR FOOD PREPARATION
e. SEPARATE WATER HEATER
f. SEPARATE, DIRECT ACCESS FROM
1. THE FRONT SIDE OF THE PROPERTY, OR
2. THE GARAGE
g. SEPARATE HVAC SYSTEM WITH THERMOSTATS
h. ELECTRICAL SERVICE FROM SUBPANELS ARE ALIGNED
WITH THE DISTINCT LIVING AREAS OF THE DWELLING.
2. THE ABOVE LIMITATION SHALL NOT APPLY TO
a. GUEST HOUSES MEETING THE REQUIREMENTS OF LARGE
ACCESSORY STRUCTURES, OR
b. DESIGNS WHEN ONE OF THE LIVING AREAS IS LESS THAN
30% OF THE SIZE OF THE LIVABLE AREA OF THE DWELLING
UNIT.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 15th day of February, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dicky, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ORDINANCE NO. 21-17
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 10, SINGLE-FAMILY
RESIDENTIAL DISTRICTS: R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10,
R1-10A, R1-8, R1-8A, R1-6, R1-6A, MODIFYING SECTION 10.04,
GENERAL PROVISIONS BY ADDING DESIGN STANDARDS FOR
SINGLE-FAMILY DWELLINGS
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 10, Single-family Residential
Districts, Section 10.04, General Provisions by adding specific requirements for the design
of single-family dwellings; and
WHEREAS, the Town Council desires to implement the goals and policies of the Fountain
Hills General Plan 2020 with regards to protecting existing neighborhoods; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. §
9-462.04, public hearings regarding this o rdinance were advertised in the October 20 th
and 27th and November 3rd, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on November 8, 2021, and by the Town Council on December 7, 2021.
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and
the laws of the State of Arizona, the Town Council has considered the individual property
rights and personal liberties of the residents of the Town and the probable impact of the
proposed ordinance on the cost to construct housing for sale or rent before adopting this
ordinance.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 10, Single-family Residential
Districts: R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-
6A, Section 10.04, General Provisions, is hereby amended to add the following definition:
A. The General Provisions in Chapter 5 herein shall apply.
B. IN ORDER TO ENSURE THAT HOMES BEING BUILT IN SINGLE-FAMILY
NEIGHBORHOODS QUALIFY TO BE CONSIDERED SINGLE-FAMILY
DWELLINGS, THE FOLLOWING PROVISIONS SHALL APPLY.
1. GARAGE DESIGN AND ORIENTATION.
a. 3-CAR-WIDE GARAGES. WHERE A THREE-CAR-WIDE
GARAGE IS UTILIZED, AT LEAST ONE (1) GARAGE DOOR
MUST BE OFFSET FROM THE OTHER TWO (2) BY A
DISTANCE OF AT LEAST TWO (2) FEET AND SET AT LEAST
TWO (2) FEET IN FRONT OF OR BEHIND THE PLANE OF THE
OTHER TWO (2) GARAGE DOORS.
b. 4-CAR OR MORE GARAGES. WHERE GARAGE SPACE IS
PROVIDED THAT HAS FOUR OR MORE VEHICLE PARKING
SPACES, NO MORE THAN ONE (1), TWO-CAR-WIDE GARAGE
DOOR MAY BE PLACED SO AS TO BE ORIENTED TO THE
FRONT STREET. EXCEPT AS PROVIDED ABOVE FOR A
THREE-CAR-WIDE GARAGE, ALL OTHER GARAGE DOORS
MUST BE ORIENTED SO AS TO NOT BE DIRECTLY VISIBLE
FROM THE FRONT STREET.
2. FRONT ENTRY. NO MORE THAN ONE RECOGNIZED ACCESS TO
THE HOME IS ALLOWED ALONG THE FRONT STREET. IF
ADDITIONAL ENTRIES ARE PROVIDED THEY MUST BE DESIGNED
AND LOCATED SO AS TO NOT BE VISIBLE FROM THE FRONT
STREET, WHILE STILL PROVIDING SAFE ACCESS TO THE HOME.
3. KITCHENS. IF A DWELLING UNIT INCLUDES MORE THAN ONE
AREA INDOORS FOR THE PREPARATION OF FOOD (A KITCHEN),
ONE KITCHEN MUST BE DESIGNATED ON THE BUILDING PLANS
AS THE PRIMARY KITCHEN AND THE TOTAL COUNTERTOP AREA,
INCLUDING ISLANDS, DEVOTED TO OTHER INDOOR AREA(S) FOR
PREPARATION OF FOOD CAN BE NO MORE THAN HALF THE
SQUARE FOOTAGE OF COUNTERTOP AREA IN THE DESIGNATED
PRIMARY KITCHEN.
4. FLOOR PLAN, EXCEPT AS ALLOWED FOR GUEST HOUSES. ALL
CONDITIONED SPACE WITHIN THE DWELLING MUST BE FULLY
ACCESSIBLE FROM ALL OTHER AREAS WITHIN THE DWELLING
WITHOUT HAVING TO GO OUTSIDE. NO FIRE RATED WALLS CAN
SEPARATE ONE PART OF THE DWELLING FROM ANOTHER.
C. EXCEPT AS ALLOWED FOR GUEST HOUSES, A PLAN FOR A SINGLE-
FAMILY DWELLING SHALL NOT BE APPROVED AS A SINGLE-FAMILY
DWELLING IF IT IS DESIGNED WITH MORE THAN ONE DISTINCT LIVING
AREA WHEN EACH AREA CONTAINS AT LEAST FIVE OF THE
FOLLOWING:
1. BEDROOM(S)
2. ¾ OR LARGER BATHROOM(S)
3. KITCHEN OR AREA FOR FOOD PREPARATION
4. SEPARATE WATER HEATER
5. SEPARATE, DIRECT ACCESS FROM
a. THE FRONT SIDE OF THE PROPERTY, OR
b. THE GARAGE
6. SEPARATE HVAC SYSTEM WITH THERMOSTATS
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 7th day of December, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Rachael Goodwin, Community Services Director
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE DIRECTION: Community Center and Special Event Fee Waiver Policy.
Staff Summary (Background)
Community Center Background and Recommendations
The Community Center is a facility that offers space for a multitude of community programs. It serves as
a recreation center, senior service center, meeting facility, performance venue, event space, exhibit hall,
and more. Many local and regional groups use the facility as their hub, hosting meetings, social
gatherings, etc. Over time, the number of waived rentals within the facility has increased, through
expanded scope of the users or increased time requested for events. This increased demand has placed
a burden on the resources of the community center including operational staff time, space availability,
as well as direct costs incurred.
After staff review, the following policy options are recommended:
All Fountain Hills based non-profit groups are eligible for a 50% fee reduction from the established
residential/non-profit rates. A/V equipment will be available for local non-profit group use at no
additional cost.
Classroom space will be reservable after 2pm on weekdays and must adhere to the Community
Center hours of operation.
Reservation start and end times must be accounted for in their entirety, including any pre- or
post-time necessary for set up, clean up, catering needs, etc.
Weekend reservations require a minimum of two ballrooms with a minimum of four-hour rental
time
Reservations can be made up to six months in advance and are subject to availability.
Proof of non-profit status will be required for all groups seeking fee reductions.
It is recognized that many groups will be impacted by these changes and staff will make every attempt
to work with our user groups to ensure a well-informed transitions process. Staff will work with groups
to help minimize disruptions to the dates and times they have traditionally held. In some exceptional
circumstances, programs that serve an altruistic, essential mission or enhance the programs offered
within the community center will be permitted at no cost.
Use Agreement Exceptions:
The long-standing relationship between the Fountain Hills Civic and Cultural Association (FHCCA) and
the Town are important to note. While User Agreements should be limited to exceptional
circumstances, the numerous partnership programs that exist between the Town and FHCCA make this
an appropriate option. It is recommended that an agreement be drafted that outline a mutually
beneficial use plan that identifies partner programs (such as the Dark Skies Festival and Bingo), reduces
weekend ballrooms use to two complimentary weekends, and limits weekday use to off-peak hours
after 4pm.
Special Events Background and Recommendations
Special Events Background and Recommendations
Special events are a beloved part of the Fountain Hills community. Events serve as a gathering point as
well as a tourism draw for the community. However, events within town parks and downtown area are
costly in terms of staff time, resources, and impact. Extensive preparation work, as well as clean up
efforts, often fall to staff to ensure the public spaces are ready for daily use following events. Fees for
use of public spaces are just a portion of the financial burden of producing events. Costs for road
closures including MCSO deputies, electrical and water access, damage to turf, roadways and above/
below grade infrastructure are other costs that are often absorbed by the town. Special events bring
value and positive impacts to the community, however, fee waivers should be considered only in rare
circumstances. The following recommendations are offered for Town Council consideration in an effort
to provide a uniform set of guidelines regarding requests for Town resources and associated rental fees:
All Fountain Hills based non-profit groups are eligible for a 50% fee reduction from the established
residential/non-profit rates.
Fees for direct costs including MCSO support, road closure implementation, logistic items such as
restrooms, lights, fencing, etc., are not eligible for waivers.
Reservation start and end times must be accounted for in their entirety, including any pre- or
post-time necessary for set up or clean up, vendor set up, logistic deliveries, etc.
All events, regardless of fee waivers, must submit a Special Event Application for review. The
application must meet all Town requirements including established deadlines, layout plans,
insurance certificates, traffic control plans, etc.
Town permit fees or damage deposits are not eligible for fee waivers.
Proof of 501-C3 status will be required for all organizations requesting fee reductions.
As with the Community Center, it is recognized that many groups will be impacted by these changes and
staff will work with user groups to ensure understanding of the fee waiver policy.
Use Agreement Exceptions:
Assuming the Town Council agrees with the staff recommended Fee Waiver Policy, the previous Fee
Waiver Policy encompassing "Legacy Events" will no longer apply. This will impact the Fountain Festival
of Arts and Crafts, The Fine Arts and Craft Show and the Oktoberfest, all of which are produced by the
Fountain Hills Chamber of Commerce. Because this exception basis will no longer apply, a separate User
Agreement is recommended to be drafted between the Town and the Chamber. The user agreement
will outline in-kind services provided to the community by the Chamber of Commerce and other related
programs to demonstrate the value of these in relation to the value of the fee waivers. This is similar to
the direction recommended in regard to local youth sports leagues and the FHCCA.
The Chamber of Commerce User agreement shall include an outline of mutually beneficial partnership
programs, events and services provided by both organizations and their associated monetary value.
Related Ordinance, Policy or Guiding Principle
Naming Rights and Sponsorship Policy
Risk Analysis
Fee waivers for the Community Center and Special Events space create direct and indirect costs not
allocated for within departmental budgets and potential equity and fairness issues for different user
groups that pay different user fees for the same level of services.
Recommendation(s) by Board(s) or Commission(s)
NA
Staff Recommendation(s)
Staff seeks Council approval of the recommended policy guidelines relating to the Community Center
and Special Events.
SUGGESTED MOTION
MOVE to direct staff to develop a final draft of the Fee Waiver Policy with the policy direction received
from the Town Council.
Attachments
Sponsorship and Naming Rights Policy 2016
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 02/03/2022 05:41 PM
Finance Director David Pock 02/04/2022 07:34 AM
Town Attorney Aaron D. Arnson 02/04/2022 07:58 AM
Town Manager Grady E. Miller 02/04/2022 10:31 AM
Form Started By: Patti Lopuszanski Started On: 01/19/2022 12:47 PM
Final Approval Date: 02/04/2022
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
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.
Last November the Town Council approved the 2022 Legislative Policy Agenda which identified the
major legislative priorities of the Town Council. The 2022 Legislative Policy Agenda document and the
current League's Legislative Bulletins will also be attached to the staff reports going forward during the
2022 Legislative Session.
Related Ordinance, Policy or Guiding Principle
Council adopted 2022 Legislative Policy Agenda
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
2022 Legislative Policy Agenda
Issue 3
Issue 4
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 02/08/2022 10:55 AM
Form Started By: Elizabeth A. Klein Started On: 02/08/2022 08:18 AM
Final Approval Date: 02/08/2022
1
2022 State Legislative Agenda
The Town Council of Fountain Hills
Prepared by
Jack W Lunsford
The Lunsford Group
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Mission
To enrich and provide an active quality of life for all residents and visitors through proactive
community engagement, resolute stewardship of amenities and open spaces, and the
enhancement of the overall health and well-being of our town.
Strategic Priorities
The Fountain Hills Strategic Plan is based on the following key goals or strategic priorities:
Maximizing Economic Development Opportunities in Fountain Hills
o Ensuring that Infrastructure in Fountain Hills is Well-Maintained and Safe
o Attracting Families and Working Professionals
o Ensuring that Fountain Hills Finances are Stable and Sustainable
o Focusing on Strengthening the Community and Improving the Town’s Quality of Life
2022 Legislative Resolutions
League of Arizona Cities and Towns
(Endorsed and Supported)
AMEND state statute to specify a period when cities and towns may prohibit the use of
permissible fireworks and modify definitions of illegal and permissible fireworks.
AMEND statute to allow cities and towns to amend their budgets after the initial budget
has passes while following notice and hearing statutes and with strong oversight and
approval requirements.
SEEK legislative and/or non-legislative solutions, working with housing and homeless
advocates, the Department of Housing, and state legislators, to provide local
governments, regional partners, and continuum of care providers additional resources to
combat street homelessness in our communities.
SIMPLIFY the statutory mechanisms to dissolve water and wastewater districts once
an area incorporates or gets annexed to relieve the tax burden on the citizens, if the town
or town provides the same service that had been performed by the district, or the district
service is no longer needed.
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Town of Fountain Hills
2022 State Legislative Agenda
CORE PRINCIPLES
Preserve Local Funding
PROTECT State-Shared Revenues – Arizona voters have prohibited municipalities from
collecting a local income tax and luxury taxes and, in exchange, have authorized the
establishment of an urban revenue-sharing distribution of state income taxes to municipal
governments. Currently that percentage is 15%, however in 2021 the Legislature passed
SB1828 which increased revenue-share percentage to 18%, effective in fiscal year 2023-2024.
SB1828 is now on hold pending a final ruling from the Arizona Supreme Court as to the
constitutionality of this and other 2021 legislative actions and, depending on the outcome, this
could put pressure on the Arizona Legislature to revisit the provisions of the new law.
Preserve Local Control
OPPOSE Preemption of Local Authority – The Town strives to preserve local control so that
its citizens can self-govern in their best interest. Every legislative session legislation is
proposed that creates unfunded mandates on cities and towns and/or preempts the ability of
municipal councils to set policy through ordinances and regulations at the local level which are
in the best interest of their citizens and taxpayers. Often times this is a “one-size-fits-all”
legislative approach that doesn’t consider the differences in municipalities or the priorities of the
residents. Such efforts should be opposed.
2021 Key Positions
PRESERVE the current minimum urban revenue sharing percentage for cities and towns
at 15%.
OPPOSE legislation to modify or expand legislative authority to seek SB1487
investigations by legislators pertinent to municipal authorities and to expand any
applicable penalties.
SUPPORT legislation addressing the negative impacts short-term rental properties can
have on adjacent properties and neighborhoods.
SUPPORT legislation that at a minimum will prohibit, on all days, the use of permissible
consumer fireworks between the hours of 10:00 PM and 8:00 AM.
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LEGISLATIVE POLICY STATEMENTS
LOCAL GOVERNMENT
OPPOSE legislation to modify or expand legislative authority to seek SB1487
investigations by legislators pertinent to municipal authorit y and to expand any penalties.
SUPPORT legislation that further limits SB1487 provisions.
OPPOSE legislation that creates unfunded mandates for municipalities.
SUPPORT legislation on political signs to comply with Reed v. Town of Gilbert U.S.
Supreme Court decision.
LOCAL GOVERNMENT FINANCE
OPPOSE legislation that reduces or negatively impacts the collection of transaction
privilege tax (TPT), State Shared Revenues, or other local revenues.
OPPOSE changing the imposition of construction sales taxes to “materials only” or other
methods that do not equitably return those revenues to where the construction activity
occurs.
NEIGHBORHOODS and QUALITY OF LIFE ISSUES
SUPPORT legislation providing additional tools and remedies for municipalities to
regulate short-term rentals in their communities.
OPPOSE legislation that would limit or curtail the Town’s current zoning authority,
particularly in residential areas.
OPPOSE legislation that would prohibit or eliminate the transaction privilege tax on the
renting or leasing of real property for residential purposes.
OPPOSE legislation that preempts a city or town from establishing or enforcing its
ordinances regulating tobacco, vapor, or alternative nicotine products.
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PUBLIC SAFETY
OPPOSE legislation that negatively impacts the Town’s Fire Code or its ability to enforce
its Fire Code provisions.
OPPOSE legalizing additional fireworks or other changes that would increase the risk of
fires to businesses, neighborhoods, residents and the McDowell Mountain Preserve.
PRESERVE local control authority that allows cities and towns to regulate the use and
discharge of firearms within municipal boundaries.
TRANSPORTATION
SUPPORT extension of ½-cent sales tax to support regional transportation projects in
Maricopa County.
SUPPORT the continued viability of Highway Users Revenue Fund (HURF) funding to
cities and towns.
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Issue 3
Legislative Update:
Today is the 19th day of the session and so far 1,309 bills and 101 memorials have been
introduced. The deadline for senators to introduce bills is Monday at 5 p.m., while
representatives have until Feb. 7 to drop bills in the hopper.
Common themes in legislation this year include election related measures, COVID-19
vaccine and mask preemptions for private businesses and public employers, funding for
infrastructure, and criminal justice reform. With only three weeks left to hear bills in the
chamber of origin in committees, hearing agendas are already populating – setting the
stage for busy weeks ahead for lawmakers, staff and stakeholders.
Meeting Capacity Requirements
HB 2070 open meetings; capacity; posting; violation sponsored by Representative John
Kavanagh (R-Fountain Hills) would require public bodies to provide for a reasonable
amount of seating to accommodate anticipated attendance of individuals wishing to
attend hearings. The bill additionally requires agendas to include the location to physically
access the meeting. The head of a public body that violates the requirement could be
subject to civil penalties for the violation.
The League is supportive of increasing access and participation of the public, however,
we are concerned that the bill may unintentionally preclude remote or call-in options
currently provided to the public. We have additional concerns that volunteers serving on
local boards or commissions may now be subject to a civil penalty. The League will work
with the sponsor to address our concerns and bring clarity for cities and towns.
Vaccine Employer Liability
On Wednesday, the House Judiciary committee considered HB 2043 employer liability;
COVID-19 vaccine requirement. The measure stipulates that if an employer denies a
religious exemption and requires a person to receive a COVID-19 vaccine as a
prerequisite for obtaining or requirement for maintaining employment the employer is
liable for damages that result from a significant that is caused by receiving the COVID-
19 vaccine. Under the bill, claimants that prevail must be awarded $500,000 in damages.
The League opposed the bill in committee because we are concerned about the liability
provisions. Additionally, the bill could subject taxpayers to pay for unsubstantiated injury
claims when the "significant injury" could have been caused by other factors unrelated to
receiving a COVID-19 vaccine. The measure is also opposed by a number of local
chambers of commerce on behalf of private employers. HB 2043 passed out of committee
be a 6-4 party-line vote.
Fireworks
A League resolution related to fireworks is scheduled for committee hearing s in both
chambers next week. HB 2226 (fireworks; use; overnight hours; prohibition), sponsored
by Representative Amish Shah (D-Phoenix) and its mirror, SB 1275, sponsored by
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Senator JD Mesnard (R-Chandler), would allow cities and towns to prohibit consumable
fireworks between 11 p.m. and 8 a.m. on all days, with exceptions for the morning of New
Year's Day and the morning following the Fourth of July. If passed, this much needed
measure will peel back the preemptive language in current statue and will provide cities
and towns an additional tool to address residents’ concerns. HB 2226 is scheduled for a
hearing in the House Military and Public Safety committee on Monday afternoon. SB
1275 is scheduled for the Senate Commerce committee on Wednesday afternoon.
Local Budget
HB 2375 urban revenue sharing; public safety sponsored by Representative Regina
Cobb (R-Kingman) would require that Urban Revenue Sharing (URS) dollars only be
used to fund public safety services beginning in FY24. Under the measure, if a city or
town used state shared revenue for any purpose other than public safety, the state
treasurer is required to withhold an amount equal to those expenditures from the city or
town in the following fiscal year. While public safety costs account for a large part of
municipal budgets, the bill could penalize cities and towns that currently rely on a fire
district for services or on the county sheriff’s office for police. The bill is scheduled for a
hearing in the House Ways & Means committee on Wednesday morning, the League will
be opposing the measure.
2022 Session Timeline
Every session has deadlines pertaining to bill submissions and hearings. This year, the
schedule is as follows:
January
1/10 – First day of session
1/13 – House 7-bill Introduction Limit Begins (5 p.m.)
1/31 - Senate bill introduction deadline (5 p.m.)
February
2/7 – House Bill Introduction Deadline (5 p.m.)
2/14 - 2/18 – Last week to hear bills in the chamber of origin
March
3/21 – 3/25 – Last week to hear bills in the opposing chamber
April
4/15 – Last Day for Conference Committees
4/19 – 100th Day of Session
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Issue 4
Legislative Update:
Today is day 26 of the legislative session. To date, 1,536 bills and 115 memorials have
been introduced. Lawmakers in the House have until Monday at 5 pm to introduce new
bills.
Except for the Appropriations Committee, there are two more weeks to consider bills in
the chamber of origin. Committee agendas will be packed with bills for the next few weeks
as members make the last strides to get bills in motion.
ACTION ALERT - By-Right Zoning
HB 2674 municipal zoning; by right housing sponsored by Representatives Steve Kaiser
(R-Phoenix) and Cesar Chavez (D-Phoenix) is a broad measure that would have
significant impacts on municipal zoning authority. Please reach out to the members of
the House Commerce Committee and ask them to reject this measure.
House Commerce Committee Members
Chairman Jeff Weninger jweninger@azleg.gov (602) 926-3092
Vice-Chairman Joseph Chaplik jchaplik@azleg.gov (602) 926-3436
Rep. Neal Carter ncarter@azleg.gov (602) 926-5761
Rep. Cesar Chavez cchavez@azleg.gov (602) 926-4862
Rep. David Cook dcook@azleg.gov (602) 926-5162
Rep. Diego Espinoza despinoza@azleg.gov (602) 926-3134
Rep. Steve Kaiser skaiser@azleg.gov (602) 926-3314
Rep. Sarah Liguori sliguori@azleg.gov (602) 926-3300
Rep. Robert Meza rmeza@azleg.gov (602) 926-3425
Rep. Justin Wilmeth jwilmeth@azleg.gov (602) 926-5044
If passed, the measure would allow by-right development of eight single-family dwelling
units per acre and 12 two-family dwelling units per acre in any existing agricultural district,
single-family residential district, and an area designated by the general plan as supporting
single-family dwellings. Single-family, two-family, and multi-family units would be allowed
"by right" with no rezoning required so long as it is located in any commercial or mixed-
use district. HB 2674 additionally would allow multi-family residential structures in all
existing agricultural and residential zones and in all zones where multi-family is currently
allowed, with a density equal to the highest density within one mile.
The measure does not consider the potential impacts on local infrastructure such as
transportation, water, sewer, and electrical generation facilities. Additionally, the bill
circumvents voter-approved general plans and makes public input moot because a
municipality would have no discretion to deny approval of projects.
Cities and towns in Arizona are committed to addressing the need for affordable housing
in this state and implementing housing plans to incentivize and drive the development of
more housing options. HB2674, however, would not guarantee the development of
affordable housing units. The League is opposed to the proposal as it removes decision-
making from local elected leaders and their ability to ensure that development fits the
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community's needs and surrounding residents. The bill is scheduled for a hearing in the
House Commerce Committee on Tuesday afternoon.
Auto Dealer TPT exemption
On Wednesday, February 9, the Senate Finance Committee will hear SB 1372 TPT;
exemptions; motor vehicles; nonresidents sponsored by Senator Tyler Pace (R – Mesa).
Provisions in SB1372 will allow for a sales tax exemption for commercial vehicles above
ten thousand pounds and used to transport people or goods. In prior years the trucking
industry has identified that commercial semi-trailers are exempt from TPT in other states,
and thus, Arizona companies and drivers are at a cost disadvantage by having to pay
taxes in this state. Additionally, the bill provides a TPT exemption to out-of-state residents
who purchase a car or truck and obtain a newly created 5-day drive-out permit from the
state.
The League is opposed to SB1372 in its current form. As it relates to the purchase of
cars and trucks by an out-of-state resident, should the purchaser avoid taxes in the state
of Arizona, they will nonetheless be required to pay taxes in the state where they register
their vehicle. In other words, despite the commerce being generated in Arizona, this bill
would allow another state to collect the tax revenue on these purchases.
Currently, out-of-state residents purchasing a vehicle are already permitted to obtain a
90-day drive-out permit from the state. They would only be required to pay the municipal
but not the state or county sales tax. Unless amended, the League will remain opposed
to SB1372 and provide feedback to legislators that this is not an actual tax exemption
because other states will require taxes to be paid, and since taxes will be collected, they
should be paid in Arizona.
Transparency Measures
HB 2412 open meetings; digital recordings would require all public bodies to post digital
recordings of all meetings on their websites no later than 5 working days after the
meeting. While the League supports transparency in government, the measure may have
unintended consequences. Rural jurisdictions without access to a reliable internet
connection would struggle to meet this new requirement without high-speed internet. The
bill would not only apply to council meetings but also require recordings for any advisory
board or commission meetings as well. On Wednesday, the House Government &
Elections committee heard the bill and passed 8-5. The bill sponsor, Representative
Jacqueline Parker (R-Mesa), has committed to working with cities to address our
concerns.
COVID-19 Preemptions
Several bills have been introduced related to preemptions on COVID-19 mitigation
efforts. This week, two mirror bills that would remove emergency mayoral authority to
order the closure of a business passed committee on a party-line vote: HB 2107 and SB
1048 sponsored by Representative Biasiucci (R-Lake Havasu) and Senator Petersen
(R-Gilbert) respectively. While the driver for the measures is COVID-19, the bills would
preempt all closures regardless of the emergency. HB 2498 COVID-19; vaccination
requirements; prohibition sponsored by Representative Hoffman (R-Queen Creek)
prohibits any government entity from requiring a resident to receive a COVID-19 vaccine.
This bill passed the House Government & Elections committee 7-5. Next week, SB 1298
government mask mandate; prohibition sponsored by Senator Wendy Rogers (R-
Flagstaff) will be heard in the Senate Government committee. The measure prohibits
cities and towns from requiring face masks inside city buildings. A similar effort (HB 2453)
3
passed a House committee this week. During the height of the pandemic, under executive
orders issued by the Governor, cities and towns as well as other political subdivisions
preserved the ability to have mitigation policies inside municipal buildings. These bills
infringe on local elected leaders’ authority to make these decisions – the League opposed
HB 2453 and will be opposing SB 1298.
2022 Session Timeline
Every session has deadlines pertaining to bill submissions and hearings. This year,
the schedule is as follows:
January
1/10 – First day of session
1/13 – House 7-bill Introduction Limit Begins (5 p.m.)
1/31 - Senate bill introduction deadline (5 p.m.)
February
2/7 – House Bill Introduction Deadline (5 p.m.)
2/14 - 2/18 – Last week to hear bills in the chamber of origin
March
3/21 – 3/25 – Last week to hear bills in the opposing chamber
April
4/15 – Last Day for Conference Committees
4/19 – 100th Day of Session