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
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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