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HomeMy WebLinkAbout2022.0201.TCRM.Minutes 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 Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: 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. Town Council Regular Meeting of February 1, 2022 2 of 13 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 3 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 Sheriffs 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. Town Council Regular Meeting of February 1, 2022 4 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 5 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 6 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 1 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 7 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 8 of 13 Mr. Miller said that staffs 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 9 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 10 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 11 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 12 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 13 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 CO 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 dc/v:IA_ ) 4.(te)17 Ginn ickey, ayor ATTEST AND PREPARED BY: Elizab Klein, Town Cler�� 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. liza . Klein, Town CI k