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HomeMy WebLinkAbout2022.1018.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL October 18, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on October 18, 2022, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A moment of silence was held. 3. ROLL CALL Members Present Mayor Ginny Dickey: Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember Mike Schamow Attended Telephonically: Councilmember Alan Magazine Members Absent: Councilmember David Spelich Staff Present Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Sixty-three members of the public were present. 4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER A. RECOGNITION: Stellar Students of the Month for October. Mayor Dickey recognized the following students who were in attendance for their achievements. Rawlei Cruze-Wood Xavi Arellano-Casillas Sara Forsdal Harrison Currier Hailey Chandler Luke Bloedel McDowell Mountain Elementary School McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills Middle School Fountain Hills High School Fountain Hills High School B. PROCLAMATION: October 23 — 31, 2022, as Red Ribbon Week. Mayor Dickey issued a proclamation for October 23r0 through the 31, 2022 as Red Ribbon Week. Councilmember Mike Scharnow read the proclamation on behalf of Mayor Dickey. Shawn Uphoff, Director of the Fountain Hills Drug Coalition, and Tammy Bell, Fountain Hills Drug Coalition Board of Directors, accepted the proclamation. Jackie Needham, Unit Commander of the East Valley Young Marines, and members of the East Valley Young Marines were recognized. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. Interim Report from the Citizen Streets Committee regarding evaluation of street conditions from 2017 and 2022. Jerry Butler presented to the council, the Citizen Streets Committee's evaluation of street conditions and answered the council's questions. 6. CALL TO THE PUBLIC Pursuant to AR. S. §313-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must he within the fudsdcton or Poe 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 matte's are properly named for discussion and legs' acton. At the conclusion of the Call fo the Public, indMdual counalmembers may 0) respond to criticism, (ii)ask staff to review a matter, or (iiu ask Thal the matter be placed on a future Council agenda The following resident addressed the council under the Call to the Public. Barry Wolborskv Fountain Hills resident, addressed the council regarding the planned park for Sun Ridge Canyon mentioning that a park is not needed there and that those funds could be used for streets. 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 or 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 far 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 to approve the Consent Agenda, SECONDED BY Councilmember Mike Scharnow. Vote: 5 — 0 passed — Unanimously Councilmember Grzybowski Aye Councilmember Magazine Record of a Vote was not detected due to technical difficulties Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Absent Vice Mayor Friedel Aye Mayor Dickey Aye A. CONSIDERATION AND POSSIBLE ACTION: Approval of the Regular Meeting of the Town Council on September 20, 2022. Approval of the Work Session of the Town Council on September 20, 2022. Approval of the Special Meeting of the Town Council on August 22, 2022. a PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License Application for the Hogwash Saloon, located at 16737 East Parkview Avenue Suite B, Fountain Hills, Arizona, for a Series 6 (Bar) license. C. CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the Tourism Fund as a result of grant awards from the Arizona Office of Tourism. D. CONSIDERATIONION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-33 with Safebuilt to provide building inspection services in the Development Services Department. E. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-44, abandoning the 20' Public Utility and Drainage Easement along the north side of 17012 E. Jacklin Drive (Application A22-000010). F. CONSIDERATION AND POSSIBLE ACTION: Approving staff to seek and apply for grants from the Federal Emergency Management Agency (FEMA). 6. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE ACTION: To approve the recommendations for the appointment of members to the Town's Boards, Commissions, and Committees. MOVED BY Councilmember Sharron Grzybowski to approve the Council Subcommittees recommendation for the appointment of members to the Town's boards, commissions, and committees as presented SECONDED BY Councilmember Mike Scharnow. Vote: 5 — 0 Passed — unanimously Councilmember Grzybowski Aye Councilmember Magazine Record of a vote was not detected due to technical difficulties Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Absent Vice Mayor Friedel Aye Mayor Dickey Aye B. CONSIDERATION AND POSSIBLE DIRECTION: Possible amendments to Town Code Article 8-6, Vacation Rentals, to incorporate additional regulations as allowed by changes to state statutes. Mayor Dickey opened the item up for public comment. The following residents addressed the council. Jeff Esposito a Fountain Hills resident, addressed the council and spoke on behalf of the Neighborhood Property Owners Association (NPOA) Board of Directors in support of the proposed short-term rental Ordinance. Enrique Melendez a Fountain Hills resident, addressed the council in support of the proposed short-term rental ordinance, particularly the portion regarding vacation rentals. Clerks Note: Councilmember Alan Magazine, left the meeting at 6:36 p.m. due to technical difficulties. C. DISCUSSION AND POSSIBLE DIRECTION: Approving in concept the control room building for the Sanitary District ASR Well #1 Building Addition at Fountain Park. Dana Trompke, District Manager, Fountain Hills Sanitary District presented the addition of a control room building for the Sanitary District ASR Well #1 at Fountain Park and answered the councils questions. MOVED BY Councilmember Peggy McMahon to approve Sanitary District ASR Well #1 Location at Fountain Park and direct the Town Manager to execute all applicable contracts and agreements, SECONDED BY Councilmember Sharron Grzybowski. Vote: 5 — 0 Passed — unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Absent Vice Mayor Friedel Aye Mayor Dickey Aye D. CONSIDERATION AND POSSIBLE ACTION: Approval of Contract Amendment 2022-057.1 to Artistic Land Management Landscaping, Inc. MOVED BY Councilmember Mike Scharnow to approve Artistic Land Management Landscaping Inc. contract amendment 2022-057.1, SECONDED BY Councilmember Peggy McMahon. Vote: 5 — 0 Passed — unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Absent Vice Mayor Friedel Aye Mayor Dickey Aye E. CONSIDERATION AND POSSIBLE ACTION: approving Cooperative Purchasing Agreement 2023-046 with National Auto Fleet Group. MOVED BY Councilmember Peggy McMahon to approved Cooperative Purchasing Agreement 2023-046, between the Town of Fountain Hills and National Auto Fleet Group, in the amount of $75,280 for the purchase of two vehicles, SECONDED BY Sharron Grzybowski. Vote: 5 — 0 Passed — unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Absent Vice Mayor Friedel Aye Mayor Dickey Aye F. CONSIDERATION AND POSSIBLE ACTION: Extension of a Special Use Permit to allow residential uses on a 0.58 acre property in the Community Commercial (C-C) zoning district at 17134 E. Kingstree Blvd., generally located at the northwest corner of Saguaro Blvd. and Kingstree Blvd. MOVED BY Councilmember Sharron Grzybowski, to approve the request for a six-month extension to the Special Use Permit to allow a maximum of 12 dwelling units at 17134 E. Kingstree Blvd., SECONDED BY Councilmember Peggy McMahon. Vote: 5 — 0 Passed — unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Absent Vice Mayor Friedel Aye Mayor Dickey Aye G. CONSIDERATION AND POSSIBLE ACTION: approving Professional Services Agreement 2023-047 between the Town and Roadway Asset Services, LLC for Pavement Condition and Evaluation Related Services. MOVED BY Vice Mayor Gerry Friedel to approve Professional Services Agreement 2023-047 between the Town and Roadway Asset Services, LLC for Pavement Condition and Evaluation Related Services in the amount of $59,997, SECONDED BY Councilmember Peggy McMahon. Vote: 5 — 0 Passed — unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Absent Vice Mayor Friedel Aye Mayor Dickey Aye H. CONSIDERATION AND POSSIBLE ACTION: Approve a settlement agreement and release and adopt Resolution 2022-45 approving a first amendment to the development agreement between the Town of Fountain Hills and N-Shea Group, LLC and Park Place Properties, LLC. Mayor Dickey opened it up for public comment. The Town Clerk read a written comment provided by Liz Gildersleeve. MOVED BY Vice Mayor Gerry Friedel to approve the Settlement Agreement and Release between the Town of Fountain Hills and N-Shea Group, LLC and Park Place Properties, LLC, and adopt Resolution 2022-45 approving a first amendment to the Development Agreement between the Town of Fountain Hills and N-Shea Group, LLC and Park Place Properties, LLC., SECONDED BY Sharron Grzybowski. Vote: 5 — 0 Passed — unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Absent Vice Mayor Friedel Aye Mayor Dickey Aye 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of O placing such item(s) on a future agenda for action, or rig directing staff to conduct further research and report back to the Council. 10. ADJOURNMENT Having no further business, Mayor Ginny Dickey adjourned the Regular meeting of the Fountain Hills Town Council held on October 18, 2022, at 7:24 p.m. ATT r AND P' ' ' ARED BY: Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Gin CERTIFICATION I Act/ Dickey, Mayor 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 18th day of October 2022. I further certify that the meeting was duly called and that a quorum was present this N.v -r 15, 2022 Li •.a G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING Post -Production File Town of Fountain Hills October 18, 2022 City Council Meeting Transcription Provided By: eScribers, LLC Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. Page 1 of 43 TOWN OF FOUNTAIN HILLS Page 2 of 43 OCTOBER 1S, 2022 CITY COUNCIL MEETING MAYOR DICKEY: I heard the bell so it must be time. I'll call this meeting to order. Please stand for the pledge and remain standing. ALL- I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation, under God, indivisible with liberty and justice for all. MAYOR DICKEY: Thank you. Please remain standing for a moment of silence. Thank you so much. Roll call, please. MENDENHALL- Thank you, Mayor. Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Friedel? FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Here. MENDENHALL- Councilmember Schamow? SCHARNOW: Here MENDENHALL: Councilmember Magazine? Okay. Councilmember Spelich is on an excused absence. Councilmember Grzybowski? GRZYBOWSKI: Present. MAYOR DICKEY: Thank you very much. Our first item are our reports by the Town Manager and Councilmembers. Grady. MILLER: Thank you, Mayor. Mayor and Council, I just have a couple of announcements. First one I wanted to remind the community that this Saturday is a big deal that we've got going on. It's the Make a Difference Day. We've held this event every year for the last several years. For about 40 projects that have been identified to help community come together and help their neighbors with projects that they have around the home. And there's going to be a lot of landscaping efforts and home improvement type of work that's going to be done. And over 200 volunteers actually participate with that. Also, I wanted to let you know and I'm going to make this announcement at the November I st meeting as well. But the Town will be hosting an open house at the community center on November 9th from 4 p.m. to 7 p.m. to allow comment from residents on the sidewalk gap elimination project, which is on Saguaro -- Page 2 of 43 TOWN OF FOUNTAIN HILLS Page 3 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING which is a sidewalk project on Saguaro Boulevard between Fountain Hills Boulevard and Colony Drive and Palisades between Fountain Hills Boulevard and Saguaro. This is a project that is approximately 94 percent funded by the federal government, and this grant covers the design and construction costs. So we really look forward to seeing the public show up there and give their input before this project commences. That's all I have, Mayor. MAYOR DICICEY: Thank you. Councilmember. MCMAHON: Thank you. Good evening, everybody. I wanted to remind that we have a cares forum this Thursday night at 6:30 at the community center, and everybody is welcome to attend. We are going to have a session on Veterans with the director -- Arizona Director of Veterans Affairs here, and we are going to be speaking in depth about the services that are available to veterans because many of them don't know that they're available, and there are many available. Also, we had a meeting on -- a committee meeting on debenture friendly. The Town is currently in the process of applying to become a debenture friendly town and have additional services available for our citizens. And also, Mayor Dickey and I had a nice time. We were with East Valley Partnership. We were invited to attend a viewing of the new hockey rink at the college and it is going to be where the Coyotes are going to playing for a while. So it was cold, but it was -- it's a really nice facility. FRIEDEL: Just two quick things, Mayor. Thank you. I'm looking forward to being on Grady's work team again for the mad day. So we had a good time last year. We worked hard though, and 1 have feeling we'll he working even harder this year from what I understand. And then, we had the privilege of attending the Falcon's home football game last week, and they won handily. And it was a great time, there was a pretty good crowd out there too, so. One home game left, so let's make sure we get out there and support them. MAYOR DICKEY: Go ahead. SCHARNOW: Yes. Thank you Madam Mayor. Well, I think all of us had the privilege of attending a truly celebratory event last week at the community center. We were honor the community services department for their huge national first place honor. So that was Page 3 of 43 TOWN OF FOUNTAIN HILLS Page 4 of 43 OCTOBER 18. 2022 CITY COUNCIL MEETING a fun event, and I thank everybody for putting that together. And a couple of us from the drug -prevention coalition, we went on a tour of the Fort McDowell Yavapai Nation was organized by the River of Time Museum and Exploration Center, I think it's called now. But it was a really good tour, and Christine Lewis, the other cultural coordinator over there kind of led the tour and saw a lot of sights and learned a lot of the history of Fort McDowell and the Yavapai people, so that was a very good thing. And so I'd encourage -- the museum's going to have several more of those tours, so I would encourage anyone to take that if you can. It's very interesting. GRZYBOWSKI: Okay, 1 guess I'm next since there's two empty seats between us. I was going to mention the gold medal award that community services held at the community center as well. So I'm glad Counselman Schamow did. You guys missed a great day. They did a really good job. We're so proud of them. I was also going to mention Make a Difference Day planning meeting and the reminder about Make a Difference Day coming up this Saturday. So instead of doing all that stuff, I want to say I love Stellar Student Day. I love to see this many people, one. And two, I love to see this many young people. And if you guys aren't actually told, you can stay for the whole meeting. You don't have to leave. It is kind of cool, and it does show you the blue hairs can actually make town council seats. Thank you. MAYOR DICKEY: I don't know how to take that blue hair thing. Usually it means a little something different. SCHARNOW: Or no hair. MAYOR DICKEY: Well, true. So I was able to go to my first Arizona Mayor's Education Roundtable discussion. That one was about chronic absenteeism. Other meetings and discussion that will be coming involved economic impact of post -secondary education, regional talent development, and early childhood education and care. The group is made up there of mayors, superintendents, west ed, affilios, collaborative communications, education board Arizona, and others. And they recognize the benefits of cities and schools working together for their shared communities. When one excels, we all succeed. And that's the Fountain Hills way. And Peggy mentioned that we got to go on our East Valley tour of the Novus Innovation Corridor in Tempe and ASU Mullett Theater Arena. It represents a very large investment Page 4 of 43 TOWN OF FOUNTAIN HILLS Page 5 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING and in residential, in hospitality, in restaurants, retails, and offices, and this is very encouraging for the whole region when we see someone have that kind of, I guess you would say, optimism in the future. So a very big investment. Butterfly flutter, they're kind of reveal was this weekend and with all that rain, they had everything inside and it worked out really well down by the fountain and that -- and they were beautiful. I go to a lot of ribbon -cuttings. But 1 have to say I really like the Tap House one, I don't know why, but that was really fun. And Grady and I resumed with the FAA, and they had met with Fort McDowell Yavapai Nation. We've changed it -- going to be changing some of the flight paths, but it's a least a year away. It shouldn't affect our town. But we'll have a lot of opportunities for public involvement. And then, while we had them, we took advantage of the ability to talk to them about the low -- some of the helicopters and the low -flying early in the morning flights sometimes that our neighbors are hearing and a little upset about. So it was a really good meeting, and I think we got some good resources to tell some folks on where they might get some relief. And last, again, as we approach Veteran's Day, well talk more about it at the next meeting, but our Fountain Hills Cares at 6:30, which is all about Veterans. And you know, 1 heard that we were getting some criticisms about our Fountain Hills Cares events, our programs they've addressed as Peggy mentioned dementia, substance abuse. And I find it hard to understand why sharing this important information with our individuals and our families in our community would be shamed at all. So 1 really hope that we get a good turnout. I encourage people to come and learn about the resources that are available for our veterans and their families. And again, that's Thursday at 6:30 at the community center. Thank you very much. Any other items? I know -- I think Alan is not on the phone, correct? Okay. If you're there, Alan, let me know so if you have anything. Our next item is our Stellar Student awards for the month. And I will start, as usual with the kids from McDowell Mountain. So what I do is I read the names, I read the little blurbs about you. You come up. Angela will give you the certificate. And then, well come down and Bob from the newspaper will take a picture. Our first student is Xavi Arellano-Casillas. Yay. Xavi, you can't tell it by looking at his face, but he's a serious student. A serious and Page 5 of 43 TOWN OF FOUNTAIN HILLS Page 6 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING dedicated student in music class, and he remains focused and participates in every music activity to the fullest. He did an amazing job composing an original piece of music with body percussion for the instruments. The excitement on his face when he was composing this music was priceless. Everyone could see that he was really into the task. He was really proud of these results. Xavi s always respectful of his teacher and his classmates, shows a willingness to practice, practice, practice to learn something new. He's a stellar student, roll model for his peers, and he has every reason to be proud of himself. Xavi. Our next McDowell Mountain Student is Rawlei Cruze-Wood. Rawlei? Yay. Am I saying that right, Rawlei? She is a wonderful student role model for her classmates in music. She always does her best, and she fully engages herself in all learning activities including learning how to play the Ukulele. And in one week she learned how to play You Are My Sunshine. Rawlei is always respectful and kind to her teacher and classmates. She energizes the classroom with her positive attitude and broad smile on her face. Rawlei shows determination and focus in music class, and those attributes help her learn how to play instruments well. She is truly a stellar student. Rawlei. Now we move up to the Fountain Hills Middle School, and our student is Sara Forsdal. Sara, are you here? All right. Being positive, helpful, cooperative and friendly are all the traits of a good student. This is Sara Forsdal. She excels in all subjects and has a true enthusiasm and gift for math. Her hard work and efforts are reflected in her high grades. She's a model student, always follows our school PSIS, positive behavioral interventions and supports expectations. We are very proud of our 5th grade Falcon, Sara. Next is Harrison Currier. Harrison, are you here? Yay, come on up. When we think of Harrison Currier, we think of him as a student that always leads by example. When working in groups on a project, he motivates and inspires his peers to stay on task and produce the team's personal best. As a student leader, Harrison always demonstrates our school's PSIS expectations on being respectful, responsible, safe, and kind. Way to go Harrison. Now we move to the high school. Hailey Chandler? Hailey? Hey. Hailey is very helpful around campus. She's ajoy to have in class and never hesitates to assist her peers. She's always on task and is very respectful. Having her be part of this campus brings great value to the school because of the type of leader she is. Hailey's a great role Page 6 of 43 TOWN OF FOUNTAIN HILLS Page 7 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING model. Seeing her influence around campus makes me extremely hopeful of what her future holds. She's ajunior who has completed 30-plus hours of community service, two - plus years of varsity sports, and maintains a 3.0 or higher. That is Hailey Chandler. And our last student for this month is Luke Bloedel. Luke, are you here? Oh, there you go. Luke is always humble and is selfless always. Very interactive. Every interaction I've had with him has been nothing but pleasant. You can find him at any school event in the student section leading cheers and showing his school spirit. He says being a Falcon and is proud to be one every day. Seeing his enthusiasm daily and his will to succeed has been a wonderful thing to watch, and I can't wait to see the great things he accomplishes. Luke is a senior who has completed 40-plus hours of community service, leadership role is Stu Go, two plus years of varsity sports while maintaining a GPA of 3.0 or higher. Luke. All right. Thank you, all. See you later. Good job, nice job everyone. Thank you so much. You don't have to leave but you can. Have a good night. That was great. Our next item is a proclamation. It's for Red Ribbon Week. Councilman Mike Schamow's going to do the honors, and he will present to our -- some people from the coalition. I think Shawn Upholf is here, and I also want to mention that I believe Jackie Kneadham from East Valley Young Marines is in attendance to listen to this important message. So if Shawn would like to come up and accept this, and Mike will read it. SCHARNOW: Yeah. Why don't you come up too, Tammy Bell. I know you weren't expecting it. Tammy Bell's on our board of directors for the drug prevention coalition. So here's the proclamation. So whereas alcohol and drug abuse affect individuals, families, and communities across the nation; and whereas its imperative that visible unified efforts by community members be launched to prevent drug abuse; and whereas Red Ribbon Week offer citizens the opportunity to demonstrate their commitment to drug -free lifestyles; and whereas Red Ribbon Week will be celebrating communities across the nation on October 23rd through the 3l st; and whereas businesses, government, law enforcement, media, healthcare providers, religious institutions, schools, and other community -based organizations will demonstrate their commitment to healthy, drug -free lifestyles by wearing red ribbons and participating in drug prevention activities; and Page 7 of 43 TOWN OF FOUNTAIN HILLS Page 8 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING whereas community of Fountain Hills further commits its resources to ensure the success of Red Ribbon Week, and the Fountain Hills Drug Prevention Coalition invites all residents to attend a drug prevention health fair at the Fountain Hills Middle School on next Friday morning, October 28th, between 9 and 11 a.m. So would now therefore be resolved on behalf of Ginny Dickey, Mayor of the Town of Fountain Hills, we do hereby proclaim October 23rd to October 31 st as Red Ribbon Week and encourage you to participate in drug prevention education activities not only during Red Ribbon Week but also throughout the year making a visible statement that we are strongly committed to a drug -free lifestyle. So that's a proclamation. Might have to shorten it up next time, 1 tell you, but anyway. So again, I just want to invite everyone out Friday, next Friday, 9 to 11 at the middle school. We're going to have a lot of activities at this health fair. So well -- I don't know are you grabbing a picture now or? MAYOR DICKEY: Maybe the -- maybe Mike, maybe the youngsters can come up too. SCHARNOW: Yeah. Yeah. 1 want to honor the Young Marines as well. I think they're out of Mesa. And it's always good to see young people involved in activities. And 1 know they've been big supporters of Red Ribbon throughout the years as well. So welcome everybody. All right. Thanks, guys. MAYOR DICKEY: Thank you so much. Thanks for coming. Our next item is a presentation by our Citizen Street Committee. Grady? MILLER: Yes. Thank you, Mayor -- Mayor and Council. As you're aware the Citizen Street Committee was formed last year for the purpose of developing recommendations relating to this town's long-term streets needs. We're very fortunate to have a very active group here that's been very good about analyzing the situation we have. And so tonight there is an interim report that will be given by Jerry Butler. Jerry Butler, if you can come up to the podium. Jerry is standing in. Originally, Mark Gram who had given you the last presentation was going to do it, but Jerry's actually more than qualified. He's actually done a lot of the analysis that you'll be seeing tonight. Then, Pm going to turn it over to Mr. Butler, who is also a Fountain Hills Sanitary District board member and is here probably also for the other item that's on the agenda as well. Mr. Butler. Page 8 of 43 TOWN OF FOUNTAIN HILLS Page 9 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING BUTLER: Thank you, Grady. Mayor and Council, thank you for allowing us to come and make another presentation. On your agenda it does say that we are going to talk to you about the street conditions from 2017 and 2022. So sit back, relax, well start with 2017. Now, only kidding. We boiled it down to something a lot less than that notebook, but the notebook does represent a lot of the things that we have been addressing since we were here five -and -a - half months ago. As far as the background, yes, as Grady says, we were formed a little over a year ago. We have been working diligently to understand the complications, the complexities of our street system, and to come up with the funding recommendations that the community can accept. The -- since our last update, as your agenda said, we had gone through a very detailed comparison of 2017 pavement conditions, along with -- and I need to emphasize the word estimated 2022 conditions because that's all we can do in a five-year gap. The pavement conditions that we have been analyzing, we created a spreadsheet that began with the data that was accumulated in 2017. And that included 1,445 segments of our street system. A street segment is maybe from intersection to intersection or from an intersection to a major alley. But anyway, there's nearly 1,500 segments that we've taken a look at. There's 3.6 million square yards of pavement. Think about that. That's a lot of asphalt. We, in trying to make it easier to understand, we have categorized the streets into letter grades. And when you were in school, A, B, C, D, and F did mean something. In our case, C is not that good. But we had in our spreadsheet an example is just shown in the lower right-hand corner of the exhibit here is -- that spreadsheet goes for 45 more columns to the right. There's 30,000 entries in this spreadsheet. We've tried to take a look at -- each year between now and 2027 to see what a five-year improvement plan might look like. We've adjusted all of our analyses based on the work that the town has already accomplished. So this is not just totally 2017 conditions. We've tried to bring it up to what we believe are 2023 conditions -- or 2022 conditions. To help you understand what our streets do go through, this might get a little busy, but I'm an engineer, and you'll have to bear with me. So what is A, B, C, D, and F as it relates to our streets? If you look at the left side of this chart, you'll see that the condition Page 9 of 43 TOWN OF FOUNTAIN HILLS Page 10 of 03 OCTOBER 18, 2022 CITY COUNCIL MEETING index goes from zero to 100. Obviously, 100 is the best you can get in a street. Even after Saguaro was reconstructed and testing followed about a year later, many of the segments were in the high 90s, nothing got to 100. So it's almost impossible to be there. So it's just a level to understand what streets are like. A in this case is from 100 down to an 85 rating. And as you can see, they continue to vary until you get down to F, which is at a rating of 40. As you look at his chart, I'd like to call your attention to the line at 70. If you can see the degradation curve here, and you notice that there are many variations because as in those of us who live in cold climates, no two snowflakes are alike, and no two streets are alike in Fountain Hills. They all vary, they all deteriorate differently. But this chart has six variations created by IMS in 2017. Please call -- look at below 70 how steep the curve gets. It's an indication that once you cross over or through that threshold, streets deteriorated much more quickly than they did when they were new. And if we don't keep up with them, the deterioration accelerates. A is often thought of as being excellent, as you can imagine. B is very good. C is -- well, it's good, okay. D is fair, and F is what we want it -- where we don't want to go there. It's poor to failing conditions. Now, I want to call your attention for just a moment between 70 and 40. To go from a really very good street in B to a F in some cases might take only ten years. So again, if we don't stay up with the maintenance and the repairs, were in trouble. So as we go forward with some additional slides, please focus on the D and F grades that I'm about ready to show you. In this chart, it represents the arterial street system, which examples are Shay, Saguaro, Palisades. There are two others, but it's the streets that most of us use most of the time. They're streets that are most traveled. Oftentimes they're the four -lane streets in our community. The blue is representative of what conditions were in 2017 by letter grade and also what we have estimated to be in 2022. And as you can see on the first A rating, the streets have gone down a little bit. But again, if you focus on the far right side, D and F, in 2017, those two combined were a little over 14 percent. In 2022, we estimated that they may have increased to a little over 21 percent. And from an engineering point of view, that's about a 50-percent increase. On the next slide, we have identified collectors, which include streets like Peachtree, El Page 10 of 43 TOWN OF FOUNTAIN HILLS Page 11 of 43 OCTOBER 18, 2022 CRY COUNCIL MEETING Lago, Golden Eagle. These are streets that connect the arterials together. These streets represent 17 -- about 17 percent of our total street network. And again, when you look at D and F combined in 2017 it was nearly 37 percent. In 2022, we estimate it might be closer to 45 percent, which is only a 22 percent increase, but 15 percent is now in the poor to failing category, the far right chart. Next, we'll move on to the local streets. And again, using the same background of information. In this category, there are 1,175 segments. There are approximately 2.3 million square yards on our local streets. It represents 63 percent of our network. And if you study A for just moment, hey, were doing okay. It's because a lot of the investments in the last five years have really gone to try to fix up local streets because that's where the biggest complaints come from. Residents always want the street in front of my house fixed first. And the staffs been, I think, really trying to address those. But again, if -- now if you focus to the far right, D and F, it was 67 percent in 2017. And it decreased to 52 percent in 2022, which indicates, hey, we've been making some gains. But they're modest because look at the far right bar chart. It's 29 percent that we're estimating could be in the F category today. So what are we going to do? We, the Committee, strongly recommend the approval of your agenda item 8-G tonight in order to assess the pavement conditions of all streets. They were previously done five years ago and fifteen years ago. Management practices say that we really should be doing this every five to seven years to eliminate some of the guesswork. And I go back to reemphasize no two snowflakes are alike, so we can't say for sure how each street is deteriorating unless we test them more frequently. And this is going to help the committee determine, identify a long-range plan and cost that'll be on everyone's mind on what will be our priorities to mill, and overlay, and reconstruct streets. And coming before you -- or maybe it already has, is the eight million in the American Rescue Plan Act coming from the federal government. I think it's four million each year, for the next two years. We strongly urge you to invest that money in our streets. It will be a tremendous help going forward. So what's next? Well, we intend to return to the council with our findings and final budgetary recommendations in the spring. We also, in the meantime, have to come up with the public outreach program on how we share all of this information in meaningful Page 11 of 43 TOWN OF FOUNTAIN HILLS Page 12 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING ways to the residents of Fountain Hills. My hope is that on this last bullet point, we'll be able to do that before the tests are completed, which will not happen until March. That's as early as it a consultant could get around to looking at our streets. So there's a lot of things that we need to accomplish between now and then, one is the public outreach program. What I would like to leave you with is a fourth to one-third of our streets -- or street yardage, we believe, is in failing condition. Now it varies, I said a fourth to a third. The spreadsheets that were created, initially, we came up with about a third of the streets in D and F. Second analysis, maybe they're a fourth, but it depends on the sliding from D to F is a 41 in D category, a D or by the time we talk about it next year will it be an F? So it just depends on how you position it. We've also concluded that the existing two -and --half million dollar budget that the council spends on streets each year is totally insufficient. It's not enough to catch up with the problem. Personally, I'm optimistic that this committee can come up with a five-year program that can -- will fix all streets in such a condition that five years from now, the two -and -a -half million dollars will be sufficient to continue proper maintenance and sustain our streets for a long, long time. And with that, I will close and try to answer your questions. Thank you. MAYOR DICKEY: Thank you, Jerry, very much. Any questions? Yes, Vice Mayor? FRIEDEL- Can you back a couple slide to your last one that showed the -- that one, the last one? So that 29.4 percent, do you know what that is in yards or miles? BUTLER: Well, in yards, if you -- there's 2.3 million square yards in this local street network. So I guess if you took 30 percent of 2.3 million, you'd have your answer. FRIEDEL: Okay. Thank you. MENDENHALL: Mayor, Councilmember Magazine is on the line. MAYOR DICKEY: Alan, did you have any questions for Jerry or the Committee? Hmm, guess not. Well, so you can't get away from me really. No, I'm very grateful for all the work that you and the committee have done and partnering with our staff, which I know has been helping you along and us too as partners. You know, I was remembering when we first started hearing about this years ago and you made the metaphor about a family having a picnic on a beach and everything was fine, but there was a tidal wave Page 12 of 43 TOWN OF FOUNTAIN HILLS Page 13 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING coming. But you couldn't tell by looking at it. And so I know that this backlog is the tidal wave. And I know that -- and the recognition at the time was we should be looking at some of the roads that weren't in such bad condition because we were trying to stop this backlog, this kind of tipping point, eve -of -destruction sort of feel. But there is a level of frustration, obviously, from our citizens and from us, like, you know, we want stuff now. You know, and -- but I believe that there is a logic to follow. That's why at our retreat, we decided we wanted to have a citizen committee. We wanted to really get to the bottom of the best way to move forward. I'm thankful that the council agreed and wasn't only the eight million, which was from this year and next year, but then we also had had an extra two million the year before. And we all agreed that that should go towards streets. I think we put some aside for facility replacement, but maybe a million or so. But we agreed that that where that that needed to go. I know there's an impression that we'd hadn't been addressing streets, but this is the way to address them. In the meantime, while we were doing this, as you can see we've been taking care of local streets. We obviously did Saguaro, we did finish that project thanks to the folks who voted for that bond. We did all the area around here, and obviously, I think Justin could, you know, stand up and give us a log of all the work that's happened over the last three years or so. But we knew many years ago, two -and -a -half million wasn't enough. We've tried to put more in as we can year after year. And I think we, you know, way back then we said we need another three or four million to add to the two -and -a -half million, not forever though, and you just said that. This is something that can get us on track so that we can get back to two -and -a -half, three million a year that will prevent this. This -- none of this is a surprise as far as overall. But to see it like this in very comprehensible way is really appreciated, and I know I look forward to the next steps, you know, that we have the time on the agenda for tonight. Mike, it looks like you're -- SCHARNOW: Yeah. MAYOR DICKEY: -- going to say something, so, please have at it. SCHARNOW: Well, I was going to let you finish if you had more to -- but, no. And 1 think to piggy back on that as well. It is good to point out that we have had a pavement Page 13 of 43 TOWN OF FOUNTAIN HILLS Page 14 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING management plan, and so for the last several years, you know, we've picked -- I don't know if it was a number or a grade for, like, the average we wanted on all these different kinds of streets, and that was the goal. And I think it, you know, it's also caused some consternation out there because as you know, Jerry, every street is different, so we had a ranking on all those thousands of stretches of roadway, and so we were doing some maintenance here. You know, and the neighbor over here wasn't getting some. And then, there was more work on the other side of town and people were like what the heck? You know, they were right here. And so, you know, on the surface, it didn't look like it was planned. But there is a plan, and we were following it. And years ago we tried the zone approach, and that wasn't working. And so then we shifted to this, so I just wanted to point that out that, you know, like you said, we're aware of this. We have been working on it. And you know, there's a lot of other needs in town as well. So we have a budget and that's what we've been budgeting. And like you said, we knew, you know, we needed more. And so you know, at some point in time, citizens are probably going to have to step up and pay for some of it. That's the bottom line, one way or another. MAYOR DICKEY: Any other comments or questions? BUTLER: I'd like to go back a slide if I could because -- MAYOR DICKEY: All right. BUTLER: -- I think this is important for the public to understand. If we can keep the streets in the A and B letter grades, we can satisfy -- we can sustain those streets with what we would think of as ordinary normal maintenance. Maintenance that might have to occur every five, six, or seven years. Once you cross below the 70 threshold, we're now into a repair condition. And the other part of this chart that you could look at it costs are minimal at the top. And as you go down the chart, they get very, very expensive. So I think our community's objection was -- would be to try to get all of our streets definitely out of F, hopefully out of D, and up into the A and B categories so that we can afford to maintain in the way that residents probably expect streets to be maintained. And before 1 leave, 1 do want to compliment our staff, our street staff. They are doing a phenomenal job with very little resources. And if the public calls them to complain, I'm sorry, but they are doing the best that they can, and they're doing a great job. Thank you. MAYOR DICKEY: Thank you very, very much. All right. Thank you very much for Page 14 of 43 TOWN OF FOUNTAIN HILLS Page 15 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING that presentation. Our next item is call to the public. Are there any speaker cards? MENDENHALL• Yes, Mayor. We have one. It's Barry Wolborsky. Did I say that right Barry? WOLBORSKY: Yes. MENDENHALL: Okay. WOLBORSKY: Perfect. MENDENHALL• Perfect. WOLBORSKY: My mother wouldn't have done better. I'm Barry Wolborsky, and I'm a resident of Fountain Hills. And I'm a board member of the Sun Ridge Canyon Homeowners Association and treasurer of that organization. And I'm here to speak against the park in Sun Ridge Canyon that you're planning. And I've got a wonderful solution for you. Take the money for that park and put it in roads because nobody wants the park. You know, we've had a lot of surveys done by Mr. Miller here. The first one was a survey that we got that asked us what we wanted in the park. The second one was a focus group of about 12 members of a 788-home community that presented all the good things they could do in that park. Is something missing here? Like, do you want the park? Nobody's asked us that. We'd really like somebody to ask us that, Grady. MILLER: I can't really talk about this because it's not on the agenda. But I do want to let you and other Sun Ridge residents know that in November, were going to be having a public engagement process where the public can participate and give us your full feedback. WOLBORSKY: But is somebody going to do a survey and say do you want -- MILLER: We're not doing -- WOLBORSKY: -- the park or not? MILLER: -- we're not doing surveys. You're going to be welcome to come to the meeting and provide your input and feedback. WOLBORSKY: So once again, it'll be a very small subset of people? MILLER: And Mayor and Council, I'm going to go ahead and advise that we hold any response until after the call to the public per as of the statute. Thanks. No, it's okay. WOLBORSKY: Okay. That's fine. Yeah, I would like to see a survey that really represents the people in our community to see what -- whether they want the park or not. Page 15 of 43 TOWN OF FOUNTAIN HILLS Page 16 of 43 OCTOBER 18, 2022 CRY COUNCIL MEETING I forgot to mention that we did have a meeting last summer that Grady attended via Zoom, where we had probably the largest board meeting of homeowners that we've ever had. We had about well over 50 in terms of on Zoom and in person. We usually get about seven or eight at a board meeting. And it was extremely negative about the park. The area that they want to put it in is a very nice, natural area with natural flora and fauna. It's a five -acre lot. They can't do much with it except put in a few shelters and a few walking trails. It adds nothing to the neighborhood. No one has yet informed us what this is supposed to add to our neighborhood. We have two small parks already. We're less -- the furthest house in our community is less than a mile and a half from Golden Eagle Park, which is a wonderful and beautiful park that most of you know. Take this money and put it somewhere where you can use it. That's all I've got. MAYOR DICKEY: Thank you. Do you have any other cards? I'm sorry. MENDENHALL: We don't have any more call to the public. MAYOR DICKEY: All right. Thank you very much. The next item is our consent agenda. Unless anybody would like something removed, can I get a motion? GRZYBOWSKI: Move to approve. SCHARNOW: Second. SCHARNOW: Second. MAYOR DICKEY: All in favor say, Aye. ALL: Aye. MAYOR DICKEY: Thank you. Now we start with our regular agenda, which is recommendations for the appointment of members to the town boards, commissions, and committees. I have received recommendations, and I will offer the following for your approval to serve as noticed. Excuse me. All right. So we start with Community Services Advisory Commission, Sruti Peddi for a term of 11/1/22 to 6/30/23. Yes. Next is our Historical and Cultural Advisory Commission. This is a new commission, so they'll be seven members appointed, and their term will be decided by lot at their first meeting. The members are David Corlett, Susan Obst-D'workis, Debbie Skehen, Dianne Price, Jackie Miles, William Meade, and Sandy Ursini. Our next item is the Board of Adjustments, and we Erik Hansen and Nick Sehman, both for full terms, 11/1/22 to 10/31/25. Okay. Sister Cities Advisory, Nicholas Stumpf for a full term. For McDowell Page 16 of 43 TOWN OF FOUNTAIN HILLS Page 17 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING Mountain Preservation Commission, Steven Numey for a full term. For SPAC, Strategic Planning, is Jill Keefe for a partial term, 11/1/22 to 4/30/24. And a vacancy to be filled at a future date will be a Sister Cities Advisory Commission appointment for a full term. Before we take a motion, 1 want to thank the applicants, and the subcommittees on the Council who did the interviews, and our staff. And I want to congratulate and thank those who will be serving on these commissions. Can I get a motion it's on page 222? Somebody's scrolling through there. GRZYBOWSKI: Move to approve the Council subcommittee recommendations for the appointment of members to the town's board, commissions, and committees as presented. MAYOR DICKEY: Thank you. SCHARNOW: Second. MAYOR DICKEY: Thank you. All in favor, please say, Aye. ALL Aye. MAYOR DICKEY: Thank you very much for those who are willing to serve, and we appreciate it. Okay. Our next item is going to be about our short-term rental ordinance that we've been working on for quite a while. Grady. MILLER: Thank you, Mayor. Mayor and Council, as you know this has been an interesting subject. This past session the legislature passed a law that gave us some minimal ways of regulating short-term rentals. Our own town attorney was part of a work group with the league on a model ordinance that was developed. I'm going to turn it over to John Wesley, our development services director ,who has a brief presentation. The purpose of tonight is really to review. No action's going to be required. But for the Council to review, ask questions. And of course, for the public if they have any questions about this vacation rental ordinance, they can ask questions as well. Then, after we kind of refine this and kind of get direction from you tonight, we'll come back at a later Council meeting for your consideration and possible action. With that I'll turn it over to Mr. Wesley. WESLEY: Mayor and Council, as Mr. Miller said it's a brief presentation that was maybe about half of it there already. The agenda packet has in it draft language that could go into an ordinance based on what has been provided through the model committee. And so this is going to just kind of step through some of the highlights of Page 17 of 43 TOWN OF FOUNTAIN HILLS Page 18 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING that and set the stage then for discussion with the town attorney for more detail. But as Mr. Miller said, in 2016, the State Legislature preempted our ability to control short-term rentals, and so I've been dealing with the impacts of that over the last six years. In this last session, they did pass some legislation that the Governor signed and does not give us some opportunity to implement some local rules and regulations. And so that's what we have for you this evening is first take at that based on both the model ordinance and also some work that was done in Paradise Valley. We looked at an ordinance that they approved that goes beyond some of the things in the state statute that has withstood some legal challenge. So we'll put some of those ideas also in the draft ordinance for your consideration. Just starting with what's included in the model ordinance with each of the sections. Again, this is just what the section title is and what some of the basic info in it, I guess, behind that Section R. So in Section I, the purpose section defines the purpose -- MAYOR DICKEY: Councilman -- Alan. Alan? Could you mute, please. MAGAZINE: Yeah. I've been trying to talk, but nobody's been hearing me. So I'll just stop. MAYOR DICKEY: Well, now we can hear you. Please feel free to comment when you're ready. Thank you. MAGAZINE. Okay. Thanks. WESLEY: So Section 2 provides definitions for the different terms and issues within the ordinance. Section 3 provides for a permit to be required that they'd have to apply for and receive from the town and penalties with that if they don't obtain the permit. 4, contact, emergency contact and nonemergency contact that we have those -- people's names, contact information establishes some response times think about whether it's an emergency situation or a nonemergency situation, where they have to provide response. Then Section 5 talks about compliance with the law, so this covers a requirement to meet all federal, state, and local laws, as well as the uses that are allowed. We've had that in the current ordinances, I think expands on that just a little bit. But again, lists those uses that you can't do in a short-term rental, and they have to comply with that. Section 6 requires notification to neighbors, and that be done before they start the short- term rental. Advertisement requirements as somebody publicizes, advertises for a short - Page 18 of 43 TOWN OF FOUNTAIN HILLS Page 19 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING term rental, there's a certain language that has to be included in that advertisement that highlights, again, the town's rules and regulations so a person renting would know what those are. Section 8 requires a posting on the property so that -- again, you have that emergency contact information ready and available there at the property. Section 9 requires that minimum insurance standards to be met. Section 10 requires background checks on those renting to make sure that they are not on a sex -offender list. And skip section 11 for just a minute and jump to 12. Section 12 permits inspections, so it allows an opportunity for the town to suspend a permit if somebody's violating the requirements and conditions within the ordinance. Section 13 provides enhanced penalties. So in addition to other penalties in the town code, there's some enhance penalties that can go with violation of the short-term rental. 14 appeals, if somebody believes that we have not applied the rules properly, they can appeal the decision on that. And then 15, judicial relief And 16 is about severability. Going back to 11, this is a section that is based on the Paradise Valley Ordinance. Everything else was what was in the model code that has been drafted by attorneys and by the league. But in 11, it sets out some of the operating standards that, again, we've used in Paradise Valley. The first one, owner representative must respond to any issues in a timely manner. Two, owner to explain rules prior to occupancy. So it's not just a post -it some place, but the owner would actually explain the rules to somebody's who's going to rent the home. Three, talks about trash and refuse has to be collected and not placed out in public view. And four, the notice requirements be placed -- notice of -- again, regarding the rules placed inside a front door and other doors into the backyards so that, again, people are well aware of the rules that go with renting. Section B covers some health safety rules that requires smoke and carbon monoxide detection and notification system. Two, a fire extinguisher being installed and inspected. Three, fire safety and emergency evacuation map be provided. Four, the air filters get changed every three months. Five, at least one working landline to help provide for emergency contact. Six, the room must be cleaned following CDC rules between rentals. And seven, a requirement for pest control services at least monthly. Page 19 of 43 TOWN OF FOUNTAIN HILLS Page 20 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING So as I stated before, this is a draft put out for Council and public comment and discussion. And then based on what we learn this evening, we will take this, make any refinements and bring it back for actual consideration of the ordinance. MAYOR DICKEY: Thank you so much, John. well ask some questions up here, and we'll hear from the public. I wanted to ask, Aaron, when this comes back, do we require a hearing, or this isn't a zoning change is it? ARNSON: Mayor and Council, because this is not a change to our zoning code, this does not require a public hearing. MAYOR DICKEY: Oh. ARNSON: It will be a simple code amendment. MAYOR DICKEY: Okay. Well, were talking about it now, and when then when we bring it back well talk about it. ARNSON: Correct. MAYOR DICKEY: Count -- Vice Mayor. FRIEDEL. A couple of quick questions, John. I didn't see anything addressing parking. And also then another question is what are the requirements for keeping up the outside of the property like landscaping? WESLEY: Mayor, Council -- or Vice Mayor, parking maybe is an issue that could be included. I know it's been a challenge with some short-term rentals in town. We could consider adding that. It wasn't in either model order. So the Pleasant Valley -- or the Paradise Valley ordinance, so we didn't include that at this point. With regard to the landscape maintenance, again, we have codes and ordinances that require maintenance of properties. We haven't seen a need to step that up to single out these properties differently than any other property. We think we're pretty effective of that. But yeah, if the Council thinks that's important, we could look at it. MAGAZINE: Mayor? MAYOR DICKEY: Yes, yes, Councilman, go ahead. We hear you. MAGAZINE. We have one -and -a -half code enforcement officers. I find myself wondering how were going to enforce even half of these requirements. I just don't see how it can happen unless there's something I don't know. MAYOR DICKEY: Thank you. Anybody want to tackle that? Page 20 of 43 TOWN OF FOUNTAIN HILLS Page 21 of 43 OCTOBER 18, 2022 CRY COUNCIL MEETING MILLER: First of all that we have now, thanks to the Council, we were able to add another FTE or full-time equivalent. So now we have two -and -a -half, John? WESLEY: Right. MILLER: And then to the Councilmember's point, a lot of this is administrative. We can do through the process, you know, through when we have the licensing and such that we do with this. However, you are correct. There will be impacts on complaints. And when complaints are received, they're either going to be handled one of two ways. One is if there's an immediate impact, it's going to be MCSO, you know, with loudness or maybe parking in the street, or at least they'll do the police reports on that and that will be part of us on the administrative side trying to deal with them with notice of violation and working through that administratively. But there will be impacts, for sure. And this is something we're going to have to evaluate. Cities that we've seen that have been very effective in other states, like in Califomia, like Palm Springs and also in the Denver area that have been examples to the league that helped developed this, some of the fees that actually have been brought in by those cities have actually paid for additional enforcement staff. So I'm not sure what were going to be able to really charge, but I do believe that some of this can be offset by just the administration of the permit that was referenced earlier. So there will be impacts, and I think it's a wait and see. And we'll have to anticipate those impacts through our budget process. MAGAZINE: Mayor, and I think the requirements that have been -- can you hear me? MAYOR DICKEY: Yes, we can hear you. MAGAZINE. Yeah. I think the requirements that were shown are all very good. But I don't favor requirements that we know darn well cannot be enforced. For example, how are we going to know whether or not somebody replaced their fire extinguisher after three months? It just isn't going to happen. And so, I think we have to look at this very realistically to see whether or not -- see what can be enforced, what can't be enforced, how many code enforcement officers we're going to have, and so on. MAYOR DICKEY: Thank you. Our attorney, do you want to address it? ARNSON: Yeah. Mayor and Council, I was just going to address that really quick. I think that we should talk about that. I have a couple of subject areas real specific that I'd Page 21 of 43 TOWN OF FOUNTAIN HILLS Page 11 of43 OCTOBER 18, 2022 CITY COUNCIL MEETING like to get Council's input and direction on for when I redraft. That's going to be one of those particularly regarding Section II whether we think that's desirable to adopt at all, let alone any individual section. So if it's okay with the parent council, maybe well reserve that discussion for a little bit later after the Council is able to address their questions. Does that work? Okay. Thanks. FRIEDEL- So Grady, 1 was wondering, how many homes are we talking about roughly? Do we have any idea? MILLER: I've seen different numbers. I've seen anything between -- under 1,000. I've seen 350 to about 750 on short-term rentals. And we're supposed to be, like, the fifth highest number of short-term rentals in the state. MAYOR DICKEY: Yeah. I was going to say I -- Sharon, were in you that or Peggy? One of -- yeah, that we saw that presentation at MAG, and I was kind of surprised to see Fountain Hills fifth down as far as having a lot of short-term rentals and not, you know, a lot is a relative term. But for us, it is so percentage wise, we were fifth in the state. We have Sedona, Flagstaff, Paradise Valley, Scottsdale, all of us have been working for years. We put together a video. We've been trying to really get the legislature, which have come around, obviously, with this particular statute. Again, Paradise Valley, they had put something in place that was challenged with that 1487 from a legislator who doesn't live here. And these items in Section 11 survived the 1487. And then, just to reiterate -- and then, I'm sorry. The insurance aspect, that was in the state part? That was in the first -- the State Statute? WESLEY: Yeah. MAYOR DICKEY: Okay. Great. Thank you. Peggy, did you have something? MCMAHON: This is per discussion with Aaron. In Section 11, too, it talks about giving -- information to booking guests. I think that needs to be clarified because the person who books can be different than the guests. So it's really talking about the guests, right? ARNSON: Yes, I believe that's the intent of the language. But we'll look at how we could potentially clean it up. 1 agree. MAYOR DICKEY: Oh, Mike? SCHARNOW: Yes. So I was wondering, I guess maybe Aaron, a couple of things. And Page 22 of 43 TOWN OF FOUNTAIN HILLS Page 23 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING I know you're going to get back to Section 11, but so does that mean were going to need access to inside the homes? I mean, I know that was an issue with the sober living and all that kind of stuff, so. ARNSON: That -- well, maybe then this is a good time to raise that discussion. So I -- that is part of the problem in my view there -- in my view there are two issues, one perhaps more practically than the other. With the components of the Paradise Valley ordinance that are whether we can incorporate into Section 11, I guess maybe three. So the first issue -- so the first issue that I see is the practical component of it, as Councilmember Magazine and Councilmember Schamow eluded to. If there are provisions that were simply not going to be able to get in there with any regularity to enforce, is it wise or reasonable for us to adopt those? That's a point for discussion. The second point is -- and the second and third point taken together are those Paradise Valley provisions, some of them survive scrutiny because the Council made a record of why they were necessary. So for example -- one really good example is the landline. Apparently 1 was talking to their town attorney out in Paradise Valley and apparently it's notorious therefore -- and so, a safety requirement was that there needs to be some ability to call 911 if and when an accident happens or an emergency happens on the premises. So for example, I would be advising against -- or I'd he advising that we remove that landline provision as one example because we have it -- unless we're willing to an analysis and make that record, I don't know that we'd be able to garner the same support for adoption of that provision that Paradise Valley did which helped the survive scrutiny under 1487 challenge. MAYOR DICKEY: Aaron, the -- I get what you're saying about the reception part of it, but -- and obviously, we all know that everybody's carrying around phones. But could it possibly have something to do with making sure there is a phone connected to the property not to any one person? ARNSON: It could. The -- I suppose the flip side of it is typically, the phone connected to the property is -- who you'd want to be connected to is the owner. Right? And typically the owner's not there because they're renting it out on a short-term basis. So I mean, I think we get there with the emergency contact information provision, but that's me and kind of my legal recommendation. It's ultimately up to the Council what it Page 23 of 43 TOWN OF FOUNTAIN HILLS Page 24 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING wishes to do. MAYOR DICKEY: Okay. Michael. SCHARNOW: I was wondering too if there was any discussion at any level about, you know, if we have so many of these rentals, I mean, obviously, a lot of them are smaller rentals. You know, it might be a bedroom and a bathroom or a mother-in-law suite or what have you. And you know, we want to crack down on the party houses of course. And that's usually where entire houses, larger homes are being rented out. And I'm just wondering if it's even practical or legal. I mean, can you differentiate square footage in terms of what is being rented out. I mean, it just seems, you know, a lot of these restrictions might be probably not burdensome, but I mean, really a pain to some of the smaller folks that are just renting smaller units, you know, that aren't -- that's not really the issue that were going after. So I don't know if there's a way to differentiate that or if that's a good way to go or not. But I just anticipate some blowback from some folks who just have, like, a lower, you know, bedroom unit down below that couples come in for, you know, spring training for a week or what have you. I was just wondering about that. ARNSON: I'm wondering if the Mayor and Council, in response to Councilmember Schamow's question, wondering if the definition of short-term rental and vacation rental doesn't get at that, and maybe we just need to tinker with it a little bit to make it dear. It says that short-term rental and vacation rental are interchangeable for purposes of this article and mean any individually or collectively owned single family or one- to four - family house or dwelling unit or any unit or group of units in a condominium or cooperative. So I'm wondering if that is sort of getting at that idea. Maybe to the extent that it doesn't, it could be a subject for Council discussion that we limit it to provisions that are rented out in their entirety. Right? Or not provisions, excuse me, premises that are rented out in their entirety. Of course, the flip side is that means that every exception means that you just get more and more around the edges that are out of compliance and not addressing the problem. So it's ultimately up to -- yeah, it's the -- fair point, up to the Council's discretion. MCMAHON: Are some of these -- sorry. Are some of these, like, the fire extinguisher and the fire and safety emergency evacuation map, a lot of hotels and things have that in Page 24 of 43 TOWN OF FOUNTAIN HILLS Page 25 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING there. So some of these seem to be reflecting requirements that might be, like, in places where people stay over -- accommodations for them for overnight, temporary, et cetera. But also, even though they might be really difficult to enforce, the -- it seems here like they're a guideline, you know, in the sense that you're using these more as a guideline or a just in case or a safety net so to speak to have somebody listed, or should we just take some of them out because they can't really be specifically applied as far as enforcing? ARNSON: I mean that they're -- Mayor and Councilmember McMahon, I think that -- I mean, they're drafted as -- they're drafted to be enforced. That's how they're presented. Must say my personal preference as from a legal matter, not from a policy standpoint. As a legal stand -- matter, I prefer to just track the statute as it is. I don't know that it's necessary to go further than the statute, and I think that's the cleanest way to go about it. So if the Council's amenable, I'm fine with removing Section 11. I have no reason to think that we have to have it or have to remove it. 1 simply think it would be clean if the Council took it out, but that's ultimately up to you. MAYOR DICKEY: Could you put that Section 11 slide -- the slide, I know there were two of them, but just that one might help a little bit too. Vice Mayor? FRIEDEL: Two things, one, I think you leave it in there and you get what you can. But secondly, are these being rented out on an individual basis? Are there realtors in town that work with this? Have we gotten any input from that side? They might have some solutions or some ideas that could help us. I don't know the answer to that. ARNSON: Well, and I don't know if Director Wesley has heard anything specifically. 1 do know that the primary groups that have been --that were involved in the drafting of the ordinance itself -- or excuse me of the statute itself, was the -- it was industry drafted. Right? They had collaboration with Airbnb, VRBO, and couple of the other big ones 1 think. So this -- the legislative action was kind of already a compromise with the industry. So I'm not sure if there -- I don't know if there is further comment. But I know that this is what's allowed under the provisions of a sort of pre -negotiated arrangement with the industry. I don't know if that answers your question Vice Mayor. MAYOR DICKEY: Thank you. FRIEDEL: Like, yeah, not really but kind of MAYOR DICKEY: Why don't we hear from the public if there's anybody here to -- Page 25 of 43 TOWN OF FOUNTAIN HILLS Page 26 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING SCHARNOW: I just have one more. MAYOR DICKEY: Oh, I'm sorry. Go ahead, Mike. SCHARNOW: Just real quick. So whenever the -- this Council or a future council adopts the -- there's no grandfathering then? Everyone has to come in apply or how is that going to work? ARNSON: So that leads to a secondary, Mayor, if I may, that the Council should consider. I think it's relatively quick because there are fees and penalties associate with noncompliance. There wouldn't be any grandfathering. It will be once the ordinance come into effect, compliance begins. But we are suggesting a delayed effective date on this for two reasons. One, under statute we have to notice and publish any fee -- any new fee that we adopt. We need at least 60 days for it to be posted before it takes effect. So it really -- there's no sense in the ordinance going into effect before the fee goes into effect. Right? And the second is -- well, second and third I suppose, is to give staff time to adjust to meet some of those staffing needs that we just identified earlier. And the third is, frankly, to give notice to the public. Right? And to give notice to these property owners that this is something that's going to be going into effect. So I believe Director Palk (ph.) and I discussed and we can toy with this date. But to give us enough time to notice and publish, and for staff to get their ducks in a row to make sure that we have a proper registration in order, I believe we discussed a February 1st, 2023 effective date as that's what we're going to propose -- staff will be proposing to the Council. FRIEDEL: One, one quick. Are those fees capped, or can we do what we want in that area? ARNSON: The fees are capped statutorily, Vice Mayor. MAYOR DICKEY: Linda, do we have speaker cards for this? MENDENHALL: Yes, Mayor, we do. We have two. The first one is Jeff Esposito. He also sent an email with information for you to read. And now he's going to present for us as well. He has a prop. ESPOSITO: Yes, I have a prop. Okay. Madam Mayor and Councilmembers, good evening. My name is Jeff Esposito, I am the president of the Neighborhood Property Owners Association, and I am a Fountain Hills resident. For those of you not familiar with the Neighborhood Property Owners Association, commonly known as the NPOA, Page 26 of 43 TOWN OF FOUNTAIN HILLS Page 27 of 43 OCTOBER r8, 2022 CITY COUNCIL MEETING we are an organization set up by homeowners 30 years ago to uphold the neighborhood standards established by McCollough Properties and NCO, the master developers of Fountain Hills. Our governing document is the NPOA Declaration of Reservations. And it was established to enhance the esthetic values of the community and to promote public health, safety, and the general welfare of the community. The Declaration of Reservations is deed restriction that runs with the land and is very much like an HOA. This deed restriction affects almost 4,500 homes in Fountain Hills. The row in the back here, that's all the green here. And for those in the front, all of those green is NPOA jurisdiction. So now, given that background, please know that the NPOA Board of Directors urges the Council to approve the short-term rental ordinance as proposed. And that's the online version that I was reading through that was an amendment -- or an attachment. We believe it to be as strong and restrictive as legally possible. We have dealt with and we continue to deal with short-term rental complaints on a regular basis. They don't have anybody to turn to but us. And in response to our member requests, the NPOA polled it's residential plat delegates, and the results overwhelmingly indicated a desire to regulate short-term rentals as stringently as possible. As a result, the NPOA has established a nuisance complaint resolution to deal with neighborhood disruptions. So in conjunction with our existing nuisance complaint resolution, a strong town code would provide for the approximately 4,500 homes that we share jurisdiction with. One of the strongest neighborhood protection environments in the metro area. So as I mentioned in my letter in the interest of time, I wanted to focus just on the ordinance. But I do want to reiterate, because it kind of came up a little bit before, that enforcement of an ordinance is just as important. You've got to make the investments in that are as well. So we hope you take our recommendations into consideration, and we, the NPOA, are available for further discussions if needed. Thank you. MAYOR DICKEY: Thanks very much. I appreciate that. And believe me, we hear about it too because it's just been a long, hard slog ever since, what was it 2016? Yeah. It's just something that we -- that we really would like to make happen. So -- and this is the first -- there's been some other bills that came through that helped a bit, but this is one Page 27 of 43 TOWN OF FOUNTAIN HILLS Page 28 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING with real teeth. So thank you. ESPOSITO: Yeah, there were some things in that attachment that weren't mentioned here relative to parties, and obnoxious sounds, and that kind of thing, which I think is what we can base that disruption on. MAYOR DICKEY: And that was exactly right because we found ourselves trying to figure out what we could do when it came to noise, or parking, reckless driving -- ESPOSITO: Yeah. MAYOR DICKEY: -- litter. You know, just like everywhere around it. So this will be very helpful. Thanks for your input. ESPOSITO: Thank you for your time. MENDENHALL. Our next speaker is the Honorable Enrique Melendez. MELENDEZ• Good evening, Mayor Dickey, Councilmembers, town manager, and staff I'm here tonight to present to you an issue that has become prevalent throughout not only our great State of Arizona but throughout all western states. And I'm specifically talking about the VRBO segment of property that, in my opinion, needs to be reviewed and carefully analyzed. I have been a resident of Fountain Hills for 30 years. Served as a councilmember just like you for three years, and now, we have a new element come -- that has come about in the VRBO. We have -- in my own neighborhood, three houses. I'm surrounded by three properties, VRBO. I'm not going to sell, okay. But I think that the Council needs to take a good look at some of the restrictions and some of the policies that cities have put together. I'm referring to Paradise Valley, the City of Anaheim in Califomia. And I believe we need to review and have a provision for these homeowners who have owned their home, and just like the First Amendment, they're able to do whatever they want with their property according to the law and the ordinances that you're behind that Dave has put together. 1 believe that some of these rentals are getting out of hand in terms of noise. And we have, as Mayor Cortello (ph.) articulated -- well, about three weeks ago. We have ordinances in place, but they need to be enforced. We can't be calling the Sheriff's department all the time. But 1 believe that if we develop a fine system, a penalty system, if you would, for some of these homeowners that are taking advantage and the lack of respect to their own neighbors. Let me give you an example. There's a house very close Page 28 of 43 TOWN OF FOUNTAIN HILLS Page 29 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING by to me that charges 83,800 a day for the rental. $1,000 for a cleaning deposit, and $75 a day for the upkeep of the spa. My question to you, Council, is what are we -- are we deriving any money from these rentals? And what type of money is scheduled to be spent by the owners to get a permit -- I understand is very low, $50. Am I right, to start a business? And I believe that if someone's charging $3,800 a night, the application fee should be a minimum of $10,000 just to do that. Because in a month, they can develop a lot of income and what are we -- what are we in the town getting/deriving from that? That's one example. Another example that just came about next door to me a couple moved in, bought a home. And then, four months they decided to put it up as a VRBO. However, they were very, very cautious on the way they did it. They said, no children under 12. No dogs. No big parties and so forth. And I think that we have enough meat in some of the ordinances from Paradise Valley, from the City of Anaheim, and other cities that we can't put restrictions, okay, on these property owners because they lack the -- my favorite word that you've heard me say for 30 years, respect. And so I'm appealing to you, Council, and to the town manager, who by the way is the very best one. 1 worked for five town managers, and you, Mr. Miller, seems to be taking things in accordance to what's best for the community. Excuse my voice. But I want to thank you, Council, but we need to have a definition of what restrictions we can put on these homeowners. They can't go wild. They can't. I travel, and I see mayors from all over the State of Arizona in my diplomatic role. And we're looked upon -- Fountain Hills is a place where you can go and get a VRBO and make a lot of money. So I want to end it by saying please consider developing strict regulations and that conform with the previous mayor, Mayor Cortello has proclaimed in the last meeting. And so I'm asking you for your support. We need to keep Fountain Hills as good as it gets and happy to assist you in any way I can. MAYOR DICKEY: Thank you, Enrique. We really appreciate your coming in. Any questions for Mr. Melendez? Thank you so much. MELENDEZ. Thank you very much. MAYOR DICKEY: Any further comments or questions? Yes, Grady? MILLER: I just had one thing. So the only thing that the town really gets at this point, Page 29 of 43 TOWN OF FOUNTAIN HILLS Page 30 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING besides a lot of headaches, is they do pay the short-term sales tax, which is about 2.9 percent. Right now, long-term rentals that I believe are three months are longer are, like, at 1.6 percent. So it is -- but that's all we're getting. And there's probably a lot more impacts on the community versus what were actually getting. MAYOR DICKEY: And probably some that we're not getting any. MILLER: Right. MAYOR DICKEY: 1 hate to say it but all right. So you have what you need. I think we want to go for what's there. Maybe -- what was the one item that you said? MILLER: Landline. MAYOR DICKEY: Yeah. MILLER: Is that what -- MAYOR DICKEY: I mean, that's not -- MILLER: Yeah. MAYOR DICKEY: -- that a big a deal. I mean, I don't mind just leaving everything the way it is and seeing what happens. Grady? MILLER: There was some discussion about parking. And I'm not really sure where the Council's direction was on that if you're wanting as -- we do have a current ordinance now that was really designed to address another kind of set of parking issues. We can -- probably when we come back, we can probably make some suggestions to you on like maybe a limit on the number of cars, and maybe it's, like, the cars are based on what they have to park on their property. And then, a limit to what they can actually have on the street. Would that be something you'd be amenable to? MAYOR DICKEY: I think so. My only caution with that is when someone has a party or you know, I mean, I know that a lot of this has to be evenly enforced. And so it might -- you might have to have something in there that has to do with regularity. MILLER: Right. Okay. Well, that's good input. Thank you. MCMAHON: Also, would that apply to HOA or do they have their own set of rules? ARNSON: Yeah. HOAs would have their own set of rules. Yeah. MCMAHON: That's what I thought. Okay. ARNSON: Yep. But I think at least from my perspective, Mayor and Council, I think we have what we need to bring a revised version back. Thank you. Page 30 of 43 TOWN OF FOUNTAIN HILLS Page 31 of 43 OCTOBER 18, 2022 CRY COUNCIL MEETING MAYOR DICKEY: Thanks, John. Our next item is about the Sanitary District well. Grady, you want to introduce that? MILLER: Yes. So we also have an item before you. You probably recall the two restrooms that we had that were installed at the Fountain Park. Thanks to the partnership with the Sanitary District that part of those restrooms are these control rooms that help them monitor the Sanitary District wells. We're going to go ahead and call up Dana Trompke, who is the general manager -executive director of the Sanitary District. And she has a presentation she'll be giving to you for this particular well, which I believe it well number 1? TROMPKE: Yes. MILLER: So with that, I'll turn it over to Ms. Trompke. TROMPKE: Yep. Thank you very much and thank you for the promotion. My actual title is district manager, but executive director sounds nice, so I'll take that for the moment. Thank you very much for letting me come and speak. I would like to present a project that we would like to move forward with. But before I do that, I need to take a step back and explain why and they need for it. So just to remind you, Fountain Hills Sanitary District collects all of the waste water in town and treats it and then disposes of the treated water. In the Town of Fountain Hills, with our population of about 24,000 or more, creates two million gallons of waste water a day. Last year in 2021, we have 710 million gallons of waste water to treat and then somehow use or dispose of. And the figures here show that all of this wastewater comes from every individual home or business that's in town is then connected to the sewer system. And we have a huge network of sewer systems, over 210 miles of gravity sewer pipes that all lead to a waste water treatment plant. Our main planes located there are Saguaro and Pepperwood. And we do most of our primary, secondary, and tertiary treatment at the waste water treatment plant. At that point, it is technically classified as Class A plus reclaimed water by the State of Arizona but the District goes a step further and sends it to a second treatment facility called our advanced water treatment facility where it undergoes membrane filtration. So 100 percent of the waste water in town is collected, treated and converted to recycled Page 31 of 43 TOWN OF FOUNTAIN HILLS Page 32 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING water. And that is because something -- another unique property of the Town of Fountain Hills in this area is that we have no legal discharge of our water, treated waste water. Most other cities and municipalities treat their water to state standards and then can dispose of it in a wash or river. The town in our District, the Sanitary District does not have that legal discharge because any wash within our service area would go to one of two Native American tribal communities. And the tribal communities have never allowed discharge where waste water would flow across tribal lands. So 100 percent of that recycled water has to be used and dealt with within our boundaries. We do an excellent job of that and have been doing very well since its formation. The recycled water that we generate about 15 percent of it we use internally for some of our own process for the treatment process. 70 percent of it then gets distributed to three different golf courses in town. And then another 15 -- the final 15 percent of it gets distributed and used for irrigation at three town parks, and it does go to fill Fountain Lake. Now, one of the things that you may not realize, though, is that the recycled water supply and demand do not align. The blue line in this chart represents the amount of waste water that comes in every single month. We get a little peak in February or March when all of the festivities, and snow birds, and spring training, and everything. And then, a little dip in the summer when everyone goes on vacation to get out of the heat. But the purple line represents how much reclaimed water is needed for irrigation. You can imagine in July and June when it's 110 degrees, every bit of turf is screaming for water. We have quite an abundance of water in the spring. Rain events such as these last rainy days that we had recently, and then usually we get some winter storms somewhere around February. And the cooler temperatures mean that the turf does not need nearly as much water. And it -- so we have an abundance of water in winter and then, not enough water in the summer. So all of that excess water is stored in underground wells for all the excess water in the winter is stored in the underground wells in the summer. In the year 2000, three wells were constructed in underground vaults around Fountain Lake. You can see them in the first picture, they are buried in great big concrete basins below ground. Half of it is a well, and the well is usually a 12 inch diameter pipe that goes about 700 feet down to the aquafer. And the other half of it is a control facility, and you'll see a picture there on the right. One of the things to note in this picture on the right Page 32 of 43 TOWN OF FOUNTAIN HILLS Page 33 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING is there's a lot of rust and contamination. Those facilities have reached the end of their useful life, and they need to be replaced. You'll also note that one of our operators has his hand on a high voltage power panel and the other hand on a water pipe. So if either one of those items burst or require maintenance, it is a -- it's technically a confined space and electrical codes will no longer allow you build such a facility to have such high voltage electrical items with no room for clearance for safety. In 2019 -- since those facility -- all three of those well vaults really, at this -- deteriorated to such a condition that they had to be replaced. And in 2019, the District replaced two of them with above ground control rooms, and they were cleverly disguised by including public restrooms to them. You'll see the facility in the picture on the right. That actually is a Ramada that matches the architecture of the Ramada in the park. And then, behind it is a building that's divided into thirds. A third of it is a well control room, a third of it is the men's restroom, and a third of it is the women's restroom. From everything that we've heard, these facilities have been wildly successful. They've been very much appreciated. All of the walkers and some of the park events that happen, community events that happen in the park on weekends appreciate that there were two extra restrooms available in that whole 64-acre park. What's important to the Sanitary District is that you note the pictures on the right. Now my crews can safely get in and maintain these facilities. We have the proper amount of clearance that's required by all electrical codes, and it will allow us to better maintain and operate our facilities for a much longer period of time than having to go down kind of down into a buried little vault in the ground. So I mentioned two of the wells were addressed with this one. There's now the third and final well that is located in the park also needs an above -ground control room. The difficulty with this one is that it is in a more prominent area. It's near the area that s called the great lawn. And it is right along a flood channel, the 100-year flood channel that goes through the middle. You'll see the well is on the right, and then the electric service that feeds it is on the left along Saguaro. So we worked and had many, many conversations with town staff, with community services, and parks rec, and Town Manger Miller and tried to evaluate two, three, or four different locations for where Page 33 of 43 TOWN OF FOUNTAIN HILLS Page 34 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING this could best meet our needs and that it wasn't going to provide a distraction or a nuisance in the park and where is it that we could actually add an amenity or add a feature to the park. So the proposal is to put a facility down where the presidential statues now lie -- or stand. You'll see -- sorry, he stands. Some of them are sitting, some are standing. And it would be to tuck them down -- if you kind of look at this aerial, tuck it down as far south as we can, kind of up against the property there. That's the fountain site plaza at the bottom and tuck it down as far as we can. There is a 60-inch drainage pipe that goes through there that we need to -- we can't build on top of. So this would be -- let me get to the architectural renderings. So this is a top view of what the proposal would be. It's going to have a Ramada and a kind of a covered porch area, very much similar to the other facilities. And then, the back half of it instead of needing as much of the building where before it was a third for the well control room and then two-thirds for restrooms, it would just be a smaller footprint and just be the well control room. This is an area of the park where an additional restroom is not desired. But it does go -- right now, currently where the presidential statutes stand. This proposal would pull the sidewalk off and kind of meander it in front of it instead of keeping it along the curb. And that's so our crews can access the building in the back with their vehicle and never have to cross pedestrian traffic. That was one of the goals that we accomplished at the northern bathroom, which we refer to as well 4, is by moving the restroom in front of it, our crews can get to the back, and we don't have to cross with any trucks or traffic. We don't have cross the pedestrian traffic. So the front side of this is again, just another ramada to match the architecture that's already within the park. This would mean that the statutes would be need replaced, but we could put them in a thoughtful, kind of more interactive alignment. There would be an opportunity to put a water fountain underneath. Seems to the be the dog watering bowl is also a big hit every time there's a water fountain. And there was a request that the sidewalk could go through and -- for people who wanted to stop in the shade, and then to also go around because there's quite a bit of power walkers that don't want to kind of hit a traffic jam with those who like to stand and linger around and look at things. Inside the ramada in addition to providing some -- a drinking fountain, shade, a place to Page 34 of 43 TOWN OF FOUNTAIN HILLS Page 35 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING sit down, it might become more of a focal point or a view point where you stop to look at the fountain. I know along Saguaro there's that big sidewalk, and so some people don't quite where to go to take their best picture of the fountain. Inside posters or any sort of other communication can be put up working with parks and community services staff. This is just another shot of it kind of showing the arrangement of how some of the statutes could be laid out. On the southern side of it, one of the comments that we did get on the restroom buildings and the other well buildings is that there is an electrical panel on the outside that's kind of an eyesore. On this one, we'd like to go a step further and perhaps hide it a little better. Maybe take some leaf -- some examples of some of the facilities that are along the avenue of the fountain and mimic some of that architecture to kind of hide the electrical panel a little bit better. And this is just another view from the other -- another vantage. The District will work with the town staff and the Fountain Hills Civic Cultural Association and the Public Arts Committee to relocate the presidential statues. The District will -- this is being proposed as a District project. The District will pay for it, and we would want to get community buy -in for where the statues get placed. Our understanding is that the placement of the statues right now is not ideal or maybe some of it kind of happened a little organic over time, and they weren't necessarily laid out specifically all at once. And so this would give the opportunity to kind of master plan it a little bit better and that the Public Arts Commission could have a say in how to lay those out. So the goal is the project is to benefit both the District and the park users. First and foremost, it provides a needed above -ground control room for that critical piece of our reclaimed water management system. Again, we could not replace the vault with another buried vault in that capacity because you saw the tightness and the unsafe work conditions for operators. It would also allow us to access the facility without crossing pedestrian traffic. It could provide a bit of needed shade and a rest spot along that western walking path. It would provide a drinking fountain and a designated -use spot and a better arrangement of the presidential statues. So with that, if you have any questions, I would be happy. MCMAHON: Thank you for the presentation. I have a couple questions if you don't mind. Page 35 of 43 TOWN OF FOUNTAIN HILLS Page 36 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING TROMPKE: Sure. MCMAHON: What is the cost to the town, or is the Sanitary District paying for all of it? TROMPKE: The Sanitary District would pay for this. MCMAHON: 100 percent? TROMPKE: Yes, on this one. MCMAHON: Okay. What do you think the time frame is on it and if you're moving the well, are you going to be digging it up, right? So are you going to be reseeding any -- redoing the landscape and lawn, et cetera? TROMPKE: Yes. I can't move the well. The well itself is a casing that's been drilled 700 feet down. MCMAHON: Oh, well. I meant the -- TROMPKE: So the big vault -- MCMAHON: Right. TROMPKE: -- that is on top of it will get pulled out and get reduced to something a quarter or a third of the size. MCMAHON: Um -hum. TROMPKE: So there still will be one. And yes, we will regrade and reseed, much like we did at the other two facilities. It just got -- where the well is, it felt that box got smaller and then turf was put it and an irrigation system was put in too. MCMAHON: If this is approved, when do you anticipate starting the project, and how long do you think it's going to take? TROMPKE: As far as construction, I would hope in the less than nine months' time frame as far as construction, I would like to wrap up design by early part of next year, January, February and get it out to a contractor to build. In some of the discussions with town staff, the importance of scheduling this, so I understand that work really needs to happen over the summer. We don't intend to be in construction in the middle of Thanksgiving, and the great fair, and all of the Octoberfest, and all of the big events that occur in that area. So we would be trying to do the construction in the summer months when it would have the least impact. MCMAHON: Also, clarification please on the sidewalk. I know the current sidewalk that goes along the road there, you're going to do away with that one and just make it -- Page 36 of 43 TOWN OF FOUNTAIN HILLS Page 37 of 43 OCTOBER 1B, 2022 CITY COUNCIL MEETING have it be the circular path? TROMPKE: Yes. MCMAHON: Okay. TROMPKE: Yes. MCMAHON: Thank you. MAYOR DICKEY: Do we have any speaker cards on this item? MENDENHALL: No, Mayor we do not. MAYOR DICKEY: Any other comments or questions anybody? Mike? SCHARNOW: No. I like it. I think it's great. I think it looks good. I think it serves a great purpose for our park, and our pedestrians, and the walkers there, and it helps you guys. So it's another win -win. MAYOR DICKEY: Agree and safety is the issue here and happy to see you may be able to make that step. Any other? No. I need a motion, please. MCMAHON: I'll make it. Move to approve the Sanitary District ASR Well Number 1 location at Fountain Park and direct the town manager to execute all applicable contracts and agreements. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say, Aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thanks. Thanks for the info. TROMPKE: Thank you. MAYOR DICKEY: So polite here. Our next item is Artistic Land Management Landscaping. MILLER: Yes. On this particular item, our parks superintendent, Kevin Snipes will be giving the staff report on. With that, Mr. Snipes? SNIPES: Good evening, Mayor, Council. This is a amendment to our existing contract with Artistic Land Management. They do all of or maintenance in our parks and along our streets and washes, and they do a lot of stuff for us. The one thing that we didn't account for when we were doing this contract kind of in a speed fashion, when we let go our old landscape company was if we wanted to add extra -- if we have projects that we needed to get done or if we had storm damage and we needed their help, this will allow Page 37 of 43 TOWN OF FOUNTAIN HILLS Page 38 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING us to have some extra funding available when and if we need them. We have some landscape projects where we're going to add some plants, and using them for that isn't allocated in that maintenance side of the existing contract. So that's why we're asking for an additional $50,000 to add to the contract. MAYOR DICKEY: Anybody have any questions or comments for Kevin? Mike? SCHARNOW: No. I know it's been night and day since we've let go of that other firm and what these guys are doing. I mean, I was just going down Golden Eagle Boulevard earlier today, and it's just -- they're just doing a bang-up job as far as I can see. So with -- I don't know unless there's any other comment, I'll make the motion. MAYOR DICKEY: Just make sure there's no cards. Any speaker cards? No. MENDENHALL: There are no speaker cards. MAYOR DICKEY: Thank you. SCHARNOW: I'll move to approve Artistic Land Management Landscaping Inc. contract amendment 2022-057.1. MCMAHON: Second. MAYOR DICKEY: All in favor, please say, Aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. Thanks, Kevin. SNIPES: Thank you. MAYOR DICKEY: All right. Next, we're onto Auto Fleet. Grady? MILLER: Yes. Justin Weldy, our public works director will be giving the staff report on this particular cooperative purchasing agreement. Mr. Weldy? WELDY: Thank you, sir. Madame Mayor, Councilmembers. This agreement that were asking for consideration on tonight is part of our ongoing and multi -year vehicle replacement. The exception is one of the vehicles that we are requesting, by default, is actually a deferral from many, many years ago when the street department was about 13 strong and then reduced to four. There were several vehicles in use at that time that were capable of carrying up to six employees. As their life or term of use came to end, we opted not to replace them and instead came back to the Council and asked to use some of that funding to purchase some additional needed equipment. And since that time, we have managed to put money aside for this. And also ask for a budget supplement in last Page 38 of 43 TOWN OF FOUNTAIN HILLS Page 39 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING year. So one of the vehicles is a replacement for the engineering department, and the second one is a new vehicle for the street superintendent. And the latter is the one that we have put some savings aside for and asked for a budge supplement. If there are any questions, I will do my best to answer them. MAYOR DICKEY: Does Council have any questions? No. Do we have any speaker cards? MENDENHALL. No, Mayor, we do not. MAYOR DICKEY: All right. Well, thank you. Well, if there's no discussion, would someone like to make a motion? MCMAHON: I will. Move to approve Cooperative Purchasing Agreement 2023-046 between the Town of Fountain Hills and National Auto Fleet Group in the amount of $75,280 for the purchase of two needed vehicles. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say, Aye. ALL: Aye. MAYOR DICKEY: Thanks. Thanks, Justin. WELDY: You're welcome. MAYOR DICKEY: Our next item is something you've seen before. It's about the property on Kingstree. Grady? MILLER: Yes. Our senior planner, Farhad Tavassoli, is going to give a presentation on this request for an extension. TAVASSOLI: Madam Mayor, members of the Council, good evening. I'll keep my presentation brief and allow some more time for discussion or questions. But in summary, this is a special use permit extension request for a residential use within a commercial -- common commercial zoning district. This originally came before you in September of last year. The request was for a half -acre -- pertaining to a half -acre property at the northwest corner of Kingstree and Saguaro Boulevard. The purpose of the special use permit was to allow eight live/work units and four residential units in a commercial lot. Zoning ordinance requires any overnight uses or particularly residential uses within a commercial district requires a special use permit prior to any site claim review and approval. Page 39 of 43 TOWN OF FOUNTAIN HILLS Page 40 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING And really, to summarize -- kind of chronologically why we're before today. The applicant required that they obtain a building permit within six months of approval of the special use permit. The zoning ordinance does allow the applicant to make a request for an extension. Now the original SUP was approved in September, as I mentioned, of last year. Applicant came in with a request for an extension on March 21 st. The extension was approved by Council. The applicant has now filed for another -- a second six-month extension request. And in the meanwhile, the applicant has also submitted a site plan to staff for review against the zoning standards and also the engineering standards as well. Staff is recommending approval. Staff believes there is a good faith effort on the applicant's part in moving forward with this project. However, we are still in the -- working on -- with the applicant in the effort to approve a site plan that is compliant and follows all the design review standards of the zoning ordinance. With that, I'll conclude my presentation and allow time for some questions either for myself or the applicant. FRIEDEL: When was that site plan submitted? TAVASSOLI: I believe Madam Mayor, Council, I'm afraid I don't specifically remember, but I believe it was submitted in -- I'll allow the applicant to correct me if I'm wrong, but I think it was submitted after the six-month extension request. MCMAHON: Do you know why he's request -- having to request this time and time again, and will this be his last time do you think? TAVASSOLI: Well, as 1 mentioned, staff is working with the applicant closely to make sure that does happen -- MCMAHON: Okay. TAVASSOLI: -- within the next six months. MAYOR DICKEY: Any speaker cards on this item? MENDENHALL: Mayor, no, we have no speaker cards. MAYOR DICKEY: Thank you. Any further comments or questions? Can I get a motion, please? GRZYBOWSKI: Move to approve the request for a six-month extension to the special use permit to allow a maximum of 12 dwelling units at 17134 East Kingstree Boulevard. MCMAHON: Second. Page 40 of 43 TOWN OF FOUNTAIN HILLS Page 41 o143 OCTOBER 18, 2022 CRY COUNCIL MEETING MAYOR DICKEY: Thank you. All in favor, please say, Aye. ALL: Aye. MAYOR DICKEY: Thanks very much. TAVASSOLI: Thank you. MAYOR DICKEY: Our next item is related to our presentation that we had earlier, and it is a request to consider a contract for pavement assessment. Grady? MILLER: Yes. I'm just going to have Mr. Weldy, again, give a presentation on this or give a staff report on this particular contract that we're seeking Council consideration and approval. That -- and I'll turn it over to Mr. Weldy. WELDY: Thank you. Madam Mayor, Councilmembers, as you were all well aware, we are working to do the best we can to figure out a long-term pavement -management plan for this community. Part of that plan over the last -- well, almost 15 years has to have an assessment done of our streets and determine the condition of those streets through that assessment. Using those analysis, especially the last one that we had done in 2018, we have been able to utilize the limited funding that we've had to make substantial improvements on the roads that can be saved. As you saw tonight in a presentation from Mr. Butler and his dedicated group of volunteers, there are substantial changes in the local roads, and by far the local roads are one of our largest segments of roads. This new one is a continuation of that. Once the data and information is gathered, the team that is selected from this group will work with town staff and that group of volunteers moving forward on the future to make sure that the funding that we have is placed in the right location at the right time based on recommendation for this -- from this elected body and a team of professionals to accomplish that goal. With that, if you have any questions related to this agreement, I'll do my best to answer them. SCHARNOW: So does the timing of this tie with the work being done by the committee then in their final report or? MILLER: Yes. And that's why it was mentioned this spring because we believe that they'll have everything completed. They're going to -- if you recall, IMS, the firm that we used previously had a specialized — specially equipped vehicle that drove over all the streets in town and through a laser process were able to identify the condition and gave a letter grading to all of our streets. That's going to happen again. And based on their Page 41 of 43 TOWN OF FOUNTAIN HILLS Page 02 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING findings and conclusions, then that's going to influence the committee in developing what they need to for their report -- and final report to the council. They will also be able to do what -if scenarios based on prioritization of the streets and what we do in what order. So s very critical to have this contract in place. MAYOR DICKEY: Do we have any speaker cards? MENDENHALL- No Mayor, we do not. MAYOR DICKEY: Thank you. Do you have any -- yes, Vice Mayor. FRIEDEL: Do you want a motion? MAYOR DICKEY: Oh, sure. FRIEDEL. Move to approve professional services agreement 2023-047 between the town and Roadway Asset Services LLC for pavement condition and evaluation -related services in the amount of $59,997. MCMAHON: Second. MAYOR DICKEY: Thank you. All in favor, please say, Aye. ALL: Aye. MAYOR DICKEY: Any opposed. Thank you, Justin, very much. WELDY: You're welcome. MAYOR DICKEY: All right. We're moving in the right direction there. Our last item is to approve a settlement agreement. I will ask Aaron, would you like to present on this please? ARNSON: Certainly, Mayor. I have -- Mayor and Council, I have no formal presentation tonight. As the Council is aware, over the last several weeks, we have been engaged in negotiations with the plaintiffs in N-Shea vs. Town of Fountain Hills, and that case in superior court to try to reach a resolution of the litigation that was instituted in that case. We've worked together to resolve some of the differences between the parties. The end result of which will be a dismissal of all claims -- a mutually agreed dismissal of all claims and a release. Unless there are questions from the Council, I believe that we've -- I've provided legal advise as well as direction as to the contract and executive session. I'm happy to answer questions otherwise were -- staff is recommending approval tonight. MAYOR DICKEY: Thank you, Aaron. Are there any questions from Council or Page 42 of 43 TOWN OF FOUNTAIN HILLS Page 43 of 43 OCTOBER 18, 2022 CITY COUNCIL MEETING comments? Do we have speaker cards on this item? MENDENHALL: No -- they're not in person, but they just wanted to ask a question. Liz Gildersleeve wants to know what are the legal fees and legal costs to the Town as a result of this lawsuit? MAYOR DICKEY: Okay. Thank you. Obviously, were not prepared to respond to that at this point. But we can look that up. So if Council has no comment or any questions about this and there are no further speaker cards, can I get a motion? FRIEDEL: Move to approve the settlement agreement and release between the Town of Fountain Hills and N-Shea Group, LLC and Park Place Properties, LLC and adopt resolution 2022-45 approving a first amendment to the development agreement between the Town of Fountain Hills and N-Shea Group, LLC and Park Place Properties, LLC. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say, Aye. ALL: Aye. MAYOR DICKEY: Any opposed. Thank you very much. That passes. Our last item is our discussion/direction to the town manager. Anything for the good of the order of future agendas? No? All right. We are adjourned. Page 43 of 43