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HomeMy WebLinkAboutAGENDApacket__02-06-24_1056_562       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Sharron Grzybowski Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, FEBRUARY 6, 2024 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.   Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These comments will be shared with the Town Council.      NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.INVOCATION - Pastor Clayton Wilfer, Joy Christian Community Church     3.ROLL CALL – Mayor Dickey     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.PROCLAMATION: Designation of February as Black History Month "African Americans and the Arts"     B.PROCLAMATION: Designation of February as Teen Dating Violence Prevention Awareness Month      6.PRESENTATIONS     A.Introduction of Student Interns     7.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     8.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the   Town Council Regular Meeting of February 6, 2024 2   wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.   A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of Fountain Hills Town Council Regular Meeting of December 19, 2023.     B.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Fountain Hills Chamber of Commerce for a wine walk on the avenue on March 01, 2024.     C.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Fountain Hills Chamber of Commerce for a wine walk on the avenue April 05, 2024.     D.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Fountain Hills Dark Sky Festival on the Centennial Plaza on March 30, 2024.     E.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-03, abandoning the 10' Public Utility and Drainage Easements along the northeast and southeast sides of 14005 N Coventry Circle (Application A24-000001)     F.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-04, abandoning the 20' Public Utility and Drainage Easement along the south side of 16858 N Stoneridge Court (Application A24-000002)     9.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-05 regarding a moratorium on 5G services.     B.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Request for approval of Ordinance 24-03, amending Section 24.03 (Regulations) of Chapter 24 (Medical Marijuana Uses) of the Fountain Hills Zoning Ordinance to allow operating hours between 7:00am and 9:00pm and to allow offsite delivery of medical marijuana.     C.CONSIDERATION AND POSSIBLE ACTION: Approving Staff to apply for Grants.     D.CONSIDERATION AND POSSIBLE ACTION: Approving Ordinance 24-04 Amending the Town of Fountain Hills Town Code Article 8-5 Special Event Liquor License, Section 8-5-1 to designate the Town Clerk as the person authorized to recommend approval or denial of applications for Special Event Liquor licenses, including extension of premises under A.R.S. § 4.203.02.     Town Council Regular Meeting of February 6, 2024 3   E.CONSIDERATION OF AND POSSIBLE ACTION: Related to future Pavement Management planning and funding.     F.CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed or pending before the State Legislature.      10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.     11.FUTURE AGENDA ITEMS     12.ADJOURNMENT       CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2024. _____________________________________________  Linda G. Mendenhall, MMC, Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating. Town Council Regular Meeting of February 6, 2024 4   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of February as Black History Month "African Americans and the Arts" Staff Summary (Background) Mayor Dickey will proclaim February as Black History Month "African Americans and the Arts". Attachments PROCLAMATION: Designation of February as Black History Month "African Americans and the Arts"  Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/11/2024 02:49 PM Final Approval Date: 01/11/2024  ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of February as Teen Dating Violence Prevention Awareness Month  Staff Summary (Background) Mayor Dickey will proclaim February as Teen Dating Violence Prevention Awareness Month.  Attachments PROCLAMATION: Designation of February as Teen Dating Violence Prevention Awareness Month  Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/23/2024 12:05 PM Final Approval Date: 01/23/2024  ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of Fountain Hills Town Council Regular Meeting of December 19, 2023. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of December 19, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of December 19, 2023, as presented.   Attachments Verbatim Transcript  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 01/10/2024 11:59 AM Finance Director David Pock 01/23/2024 01:44 PM Town Attorney Aaron D. Arnson 01/23/2024 03:53 PM Town Manager Rachael Goodwin 01/24/2024 07:37 AM Form Started By: Linda Mendenhall Started On: 01/10/2024 11:57 AM Final Approval Date: 01/24/2024  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL December 19, 2023 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:32 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately ninety-eight members of the public were present. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 1 of 74 Post-Production File Town of Fountain Hills Town Council Meeting Minutes December 19, 2023 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. * * * * * TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 2 of 74 MAYOR DICKEY: Good evening, everyone. Thank you for coming. Everybody looks festive and happy. Would you please stand for the pledge? And if you choose, remain standing for the invocation. 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. Pastor Bobby Brewer from Reigning Grace Ranch Church. Hi. BREWER: Thank you. Good evening. Let's pray. Heavenly Father, thank you so much for our mayor and our councilmembers. And Lord, we thank you for the sacrifices they have made for friends and family, for business to serve this town. And we thank you for all that you've done in Fountain Hills throughout '23, all the great events to establish community. We thank you for the protection you've provided, and we pray that you continue to bless our first responders, Lord. And we pray that we can get some rest over the next couple of weeks as well, and pray that our town council can enter '24 with fresh wind to our sails. And Lord, bless them with wisdom and guidance. And Lord, we also, at this time of year, remember another small town, Bethlehem. And we thank you, Lord, for the salvation you offer, the grace you offer to all who are willing to receive it. We love you, Lord. In Jesus' name. Amen. ALL: Amen. MAYOR DICKEY: Roll call, please. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Here. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 3 of 74 MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Present. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. MENDENHALL: Anyone wishing to address the council regarding items listed on the agenda or under call to the public should fill out a request to comment card located in the back of the council chambers and hand it to the town clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name for the public record. Please limit your comments to three minutes. It is the policy the mayor and council to not comment on items brought forth under call to the public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council agenda. MAYOR DICKEY: Thank you so much. We will start with our reports by our town manager and our councilmembers. Rachael? GOODWIN: Thank you, Mayor. Just a few quick updates. I wanted to let our council know that we have a number of items that have come up by request that we were working on behind the scenes. Specifically, an AI policy, the fire safety zone, as well as the group home inspections. All three of those are on our radar. And then we'll be back before you in early 2024. MAYOR DICKEY: Thank you. GOODWIN: Thank you. MAYOR DICKEY: Councilwoman? TOTH: Thank you, Mayor. I don't have a report tonight. But Merry Christmas, Fountain Hills. MAYOR DICKEY: Vice Mayor? GRZYBOWSKI: It's been a busy few weeks and we have a lot of stuff going on today. So TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 4 of 74 for the sake of time, I'm just going to say that today is my favorite day of the month. I know you guys are all tired of hearing it, but there's quite a few out there that haven't heard this yet. I love Stellar Student Day. I am so excited to see you guys here. After you're done getting your certificates, the mayor is going to give you permission to leave if you would like to, but I'm going to remind you that it's not necessary if you want to stay. It's kind of fun in a nerdy way to stick around and see what we've got to offer here. Thank you. MAYOR DICKEY: Councilman? FRIEDEL: Thank you, Mayor. Merry Christmas to everybody. Short summary tonight. I did attend the Regional Domestic Violence Council meeting and we are working on a slew of things for teen dating violence coming up right at that month. It will be coming up right after the first of the year. So that's all I have. Thank you. MCMAHON: Good evening, everybody. Merry Christmas and happy holidays. I attended the menorah lighting with Vice Mayor Sharron, and she did a great job. It was a very nice ceremony. And there were a lot of people there. And also, I attended the community band event and that was also really, really nice. Beautiful Christmas music and very, very festive. So everybody have a happy holiday. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Hi, everybody. Welcome to the people online and welcome to the people on YouTube and of course, the people here live. I did have a chance to attend the Commemorative Air Force Museum tribute to the Pearl Harbor Day on December 6th, where Mayor Giles of Mesa was there; gave the keynote speech. It was quite a remarkable ceremony. And we repatriated a part of the USS Arizona bulkhead to that museum. And so it was quite a quite an interesting and beautiful service. The mayor was quite choked up the whole ceremony. There wasn't a dry eye in the house. I also attended with Rabbi Mendy and the grand menorah lighting on the Avenue of the Fountains. The grand menorah lighting was Sunday, December 10th. According to TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 5 of 74 Jewish tradition, after the Maccabees' victory over the Greeks, there was enough oil to burn for one day in the temple. Miraculously, the oil burned for eight days. Lighting the Hanukkah menorah commemorates this miracle. It was an honor and it was a privilege to be a part of this time-honored Jewish tradition. In a year that antisemitism has been rekindled and hatred has returned fiercely to mankind, I can say on that special day that we were all united in our love for the Jewish people and we hope for their continued prosperity and safety. Lastly, it actually started a year ago when I met with councilmembers OD Harris and Christine Ellis and the mayor of Chandler, Kevin Hartke, and we discussed talking about maybe doing a little more for MLK Day this year. And so they sent that meeting. I went to the mayor and she was very, very gracious and she said, Brenda, anything that we can do to commemorate that beautiful holiday, you know, we're all in. And so I did contact staff. I contacted our town manager who went to work on that with our town staff, and we came up with just a really wonderful program this year. You might have seen it online. We have a poetry contest. It's the Martin Luther King Jr. Day poetry contest, grades 3 through 12. The submissions are due by the 8th. The town of Fountain Hills invites students attending the school, residing in Fountain Hills, grades 3 through 12 to participate. This poetry competition will bring together voices of the local youth with their reflections on MLK's legacy. And there will be three awards of $150 for 3rd to 5th grade, 6th to 8th grade, and 9th to 12th grade. And so that's a very special thing that's being rolled out. It's already on social media. Just to say why this is so important. In the history of mankind, change was usually done through an injustice, was met with war and violence to enact change. Significantly, Dr. King promoted the adoption of nonviolent resistance to achieve equal rights for black Americans in our country. Dr. King spoke of the shameful condition of the United States defaulting on the promissory note of guaranteeing unalienable rights of life, liberty, and the pursuit of happiness insofar as her citizens of color were concerned. There is nothing, according to Dr. King, and I'm quoting: There is nothing greater in all the world than freedom. It's worth going to jail for. It's worth losing a job for. It's worth dying TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 6 of 74 for. My friends, go out this evening determined to achieve this freedom which God wants all of his children to have. Dr. King famously said, "I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but they will be judged by the content of their character". That will live on through the ages. And so he changed the world forever. And we must teach these lessons to our children in this generation and for the next generations. And that's why this is so important, because the kids have to know the legacy of Dr. King and what he achieved through nonviolence and changing the country that he lived in. And so that's all I have for you today. Thank you, Ms. Mayor. Thank you, Rachael, for helping with this promotion. It's great. GOODWIN: Thank you. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Thank you, Madam Mayor. Hello, Fountain Hills. Just a couple of little brief things. I was able to attend a couple ribbon cuttings. I was able to attend the Future of Arizona Speaker series. This last week, the speaker was Senate President Warren Petersen. And there was quite a few activities, obviously. The month of December we had Hanukkah, we had a lot of Christmas celebrations; so there was quite a lot going on. But a lot of this proves that Fountain Hills is open for business. MAYOR DICKEY: Thank you. Yeah. There were a lot of things going on. But I'll just say the one thing I did was -- we have an Arizona Mayors Education Roundtable. We had a session with what's called Jobs for Arizona's Graduates. They call it JAG. They help students stay in school and acquire leadership, academic, and vocational skills so that they can be successful after graduation. I also had my meeting with Dr. Cain Jagodzinski and with all you kids here. It was really nice. And so'm glad that you're here when we talk about education. So it is time for our Stellar Students. And the way we do this is I read about each child up here. When I say your name, you come on up. And Angela has the certificates for you. And then if you would line up in front of the podium here -- and there's eight kids, TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 7 of 74 and then we can take a picture when we're all done. So we're going to start with our Little Falcons, our Little Falcons Preschool. And our first student is Mary Gest. Is Mary here? Mary. Hi. Oh, so sparkly. "This is Mary's first year in preschool, and she's shown a lot of growth over all these months. She's developing strong social emotional skills. Mary's enthusiastic about learning new things and works sincerely on every task. Mary has a wonderful vocabulary and enjoys answering questions". That's Mary from Little Falcon's Preschool. Our next Little Falcon is Jaxon Lannefeld. Is Jaxon here? Jaxon? Yeah. I see you. Yeah. Someone can come up with you, honey. "Jaxon always demonstrates kindness and empathy toward his peers and teachers. He consistently has good manners, follows classroom rules and routines, and sets a very good example for others. He has a positive attitude, and he's kind and respectful to everyone in the classroom". Jaxon. Then we go to McDowell Mountain Elementary. We have Anna Conchas Michel. Is it Michel? Anna? Hey, come on up. "Anna is a very pleasant student to have in class as she always brings a positive attitude and a smile to brighten up everyone's day. She participates, listens, and works hard in class with maximum effort and tremendous character. She's one of the most respectful, polite, and genuine students I've ever had the honor of teaching". Wow. "She's a quick learner at Falcon Fitness and she's always participating with excellent sportsmanship. And the other students love to have her in their class and on their team. Anna is the epitome of what excellent character looks like in a student, and she's always willing to do the little things to go that extra mile, like cleaning up after class at the end of the day. She's a joy to have in class, and I'm happy to honor her as a Stellar Student". Anna. Our next student from MacDowell is Travis Ostlund. Is Travis here? Come on up, Travis. "Travis has continued to set the example of a stellar student throughout the duration of the school year so far and is more than deserving of this award. Travis exemplifies terrific character, leadership, listening, and initiative. Aside from being one of the most impressive athletes in the town, Travis is the first to encourage his peers and explain rules or techniques to others in every sport and activity during Falcon Fitness. He TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 8 of 74 pushes his peers and teammates to bring out their full potential and continues to display a hard, determined work ethic to sharpen his skills in every sport. Travis always comes in and leaves class with the utmost respect and will follow directions thoroughly. I look forward to having Travis in class and seeing him grow as both a student and an athlete, and he holds a high ceiling in both academics and athletics". Travis. Wow, these are great. Bella Montheard. Is Bella here? Come on up, Bella. Fountain Hills Middle School. "Bella is an amazing choice for Stellar Student. She dedicates time and energy to her education. Has maintained a very high GPA. She's compassionate and considerate of her peers and the staff of the middle school. As an eighth grader, she is in high school algebra class and yearlong Spanish. Bella was part of the middle school volleyball team in the fall". Her coach said this, "Bella is very coachable and works hard on the court. She comes to practice every day with a positive attitude and is ready to give 100 percent. She was a great asset to the team this season". Bella. Thank you. Our other Fountain Hills student is Brody Skouson. Is Brody here? Come on up, Brody. Now, "Brody is an excellent choice for the Stellar Student Award. As a student in the i21 program, he maintains excellent grades, cares about his education, and participates in projects in and out of the classroom. He also has taken high school algebra and is in full- year Spanish class. He's a good and kind school citizen, often offering assistance to others. In addition, he plays club basketball for a Phoenix Scottsdale team". That's Brody. Now I'll move on to the high school. Kynzi Schaunaman. Is Kynzi here? Come on up. "Kynzi is always striving to do so well academically. She helps her peers, especially in anatomy, so they can thrive as well. Kynzi has an excellent work ethic and always turns things in on time. She makes sure to ask questions when she's unsure of something, so she understands the content to the best of her ability. Kynzi is well-liked by her classmates, makes good connections with her teachers. She is absolutely a Stellar Student". Kynzi. And our last student from Fountain Hills High is Jackson Montheard. Maybe that's TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 9 of 74 someone's brother here. Come on up. "Jackson is a very dependable student. He's also always the first to jump up to answer a question and is someone you can count on to participate in class. He walks in the door, greets his teachers immediately, and works on building those connections with not only his teachers, but his peers. He's well-liked by his classmates. Jackson is a student who always volunteers to help me in the classroom, which is so appreciated". That's Jackson. And now we're going to take a picture for the newspaper. So just kind of curve around a little bit so we can see everybody. I'll be the short one here. Look at the cameras, honey. Oh, my gosh. Got to give him credit. He was crying the whole time, but he did it. Thanks, everyone. We're going to ask Amanda to come up and get ready for our next presentation. And again, have a wonderful holiday time off. Take care. JACOBS: And I thought they were here for me. Madam Mayor, members of council, traditionally, I am before you providing a quarterly report. Depending on perception, the last few months there's been a long agenda. Or maybe it's been short, but lengthy topics. So just to be efficient, I am here tonight to give a mid-year report on our business attraction, retention, strategic partnerships, all those good things. And so as always, we start with the business attraction. Those are the exciting things. So new openings, Dutch Bros. So that was a new build. Fountain View Coffee took over a vacant spot from Mountain View Thai Coffee. And then Joy Bird Yoga, Unbridled Beauty, and Phoenix Cannabis opened into vacant commercial space. And then coming soon -- we've announced a couple. But there's a new one in Blue Hill's Smoke Shop that will be off of La Montana and Palisades. So if you're familiar where Pisa Pizza is, it's going to be in that small strip center. Business attraction. So we're always exciting and wanting to know what is economic development doing as far as lead generations. But sometimes I can't give you all the details because we want to wait for a formal application. But we were able to meet with eight developers; one council had an opportunity to meet with. In the next couple TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 10 of 74 of days, staff will be giving you a report on a mixed use property in our downtown. And as a reminder, downtown is not just The Avenue, but it's off of Palisades and Parkview. So we'll be able to announce that. And with the developers, it's been mixed. And mixed in the sense of folks approaching us. We've had a couple developers on commercial retail, some wanting to do straight up multifamily or some mixed use, either it being office or commercial or office and again, having a little bit of multifamily. And for retail and restaurant, we met with two folks looking to do a new build and then two looking at space -- to fill the space. And so again, when we can tell you more, we will, but we're actively working. And also wanted to provide an update. Last week during our planning and zoning commission, we had a constituent ask what is economic development doing as far as attracting an Amazon distribution center? I have not had the opportunity to define were they talking about specifically the Target shopping center or the town in general. But let's just take the Target shopping center. That space is currently zoned commercial. There's a little bit of industrial and a drainage canal. So the answer is no. And then also we don't have the space. When you're looking at a distribution space and Amazon, it can be over 200,000 square feet to over a million. Also, we look at what is happening. So last year and this year, there's a lot of media coverage with Amazon where they're starting to do a reduction in force. And we're not talking hundreds, we're talking about thousands of people. There is actually a distribution center that remained vacant all of the year of 2023 in southern Arizona. Again, because of trying to catch up and reducing the force. Right? Thinking there was a lot of pent up demand during COVID and maybe just overdid it a little bit. And so that is the response to that. And then there's been questions about -- in our community economic development strategy, we have bioscience and assembly. I have over 20 years of experience in doing that and Fountain Hills is ideal. But what I have shared publicly during economic summits is we don't have the proper zoning. And so myself, our development services director, at times, can try to be flexible. If, for instance, a bioscience company -- I told TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 11 of 74 you we wanted to reach out to Optics (ph.) through the Greater Phoenix Economic Council. If they start telling us about 70, 80 percent is clean room, that is industrial. If we're talking 50/50, a 60/40 where they're leaning more towards office, we can be a little bit creative. And so just wanted to provide that update. And again, constituents know where to find me. If you want to get into a little bit deeper of the process, always happy to do that. MAYOR DICKEY: Can I say something real quick about Amazon? JACOBS: Of course, yes. MAYOR DICKEY: Do they usually locate someplace where they're by a highway or by some sort of other -- you know? JACOBS: Madam Mayor, that would be correct. And so the one, too, that I'm talking about in southern Arizona, they're literally next to I-10. There's housing around, whether it's single family, there's four multifamily right adjacent. So there's a lot of recipe in making a decision, especially when you're playing with the big boys like Amazon and Google. All right. Business retention and expansion. So just wanted to provide updates again, based off of what myself, Betsy LaVoie heard during our site visits, as well as our councilmembers rotating in on the site visits. But our restaurants really said we want to know, like, what events are happening because they do have workforce issues, so we can ramp up during those event times so people have a wonderful experience. Want to come back not to the restaurant but to Fountain Hills. And so we've continued for a second year the Fall Event Guide. We're working on our Spring Event Guide. And then, recently, council did adopt some new rules for the sign codes, specifically temporary. And what we've heard throughout the past year is businesses are like, just tell me what to do so I'm not in trouble and can be successful. And so thanks to our development services team, they've put together a guide of do's and don'ts that we're starting to share. And then always like to point out our relocations, remodels. Jazzercize relocated from Shea onto The Avenue. And then Burger King, Safeway, Starbucks have done some remodeling; exterior and interior. And that's just always a positive sign that they're TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 12 of 74 keeping up with trends and investing in their business and the community. We did a Shop Local Holiday social media campaign with Debbie Clason, with Clason Communication. So again, a local business. And so after January, we'll monitor the success of that campaign. Our procurement officer held a vendor forum this fall. We have folks that are interested in doing business with the town, not quite sure what our procurement policies are. And so Rob was able to outline that. And then as part of, again, the community economic development strategy, if you hear me say "CEDS" for short, we are now joining again with the chamber like we always do. And when we know that there's a new business in town, we're providing a welcome packet of, again, a lot of the free services. But just to let folks know that we're walking with them. They can choose Mesa, Chandler, but these businesses chose Fountain Hills. Downtown. All right. So there's two things that are not on the slide. One, I told you November 2nd I would keep you apprised of the restrooms. So as a reminder or if someone's just tuning in or just joining us in the chambers, council did approve 35,000 for designing of a restroom this fiscal year. To date -- and right, it's December, we still have not used that money because staff is doing a lot of due diligence. I had shared with you in November that we were being creative with plat 208 and a private entity. Unfortunately, our creativity didn't work, so we're back to the drawing board. But again, rolling up the sleeves that were not coming before you in February to say actually, instead of 150, I need 500 grand. Don't shoot me. 'Tis the season, right? We're in good spirits. So we're still working on that. Second, also want to point out there was a bit of confusion starting last week. But last week there was a digital opinion piece in the Fountain Hills Times Independent that said that the council approved $535,000 in streetscapes. That is actually not true. So I can tell you that personally. But if you don't believe me, you can go to our town website, go to the June 6th meeting and select the presentation. But I was before you during a workshop just trying to get a vibe of what the council wanted to do: price point, provided different options A through D, and we were a bit split. And I said if I didn't get TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 13 of 74 consent, I was happy to remove it. And so after that meeting I went to Manager Goodwin and CFO Pock and asked them to remove it. I didn't want to play the games of bringing it back to you, forcing you to make a decision in December or January. So again, that has been removed. I just wanted to make that publicly because our businesses and residents were confused. All right. So getting to what's on here. So again, we've heard things of, we haven't really invested in the downtown. I'm still -- when I can play the new-girl card, been here over a year and a half. But we've joined forces, economic development, development services, community services, public works, and since 2014, the town has actually invested 6.6 million into The Avenue district specifically. Again, there's business districts, there's other districts. But just wanted to point that out. And I think was eye opening, not just internally for council but for the public. Last year when I joined the town, there is actually a statewide movement of trying to get all the cities and towns together that are either starting a downtown, maybe are a bit advanced, and some folks belong to the International Downtown Association. I didn't want to have a knee jerk reaction and join right away. But again, with all the positivity that is happening, the town has joined and that is less than $500. And then downtown placemaking. The council approved $25,000 in the downtown fund for placemaking. Placemaking can be murals creating a sense of place. And so before we initiated this, we did a lot of homework. I spoke with the chair of the Public Art Committee and said, is your scope of work placemaking murals, look to the Valley? And then so we actually worked with the Southern Arizona Arts and Culture Alliance, and they say the world is small. And so the executive director has actually been a visitor of Fountain Hills for over 40 years because her aunt and uncle reside here. And then, I won't give lots of details just what she gave me authorization for. But one of her relatives is a pastor in one of our local churches. And so she's been working for over ten years, her organization, in Phoenix Valley and have commissioned over 50 murals. And my first day walking along The Avenue, our business had said we don't like looking at these ugly white utility boxes. And so we made some magic work. And I'll say through TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 14 of 74 social media, just personal interactions with the businesses, they love it. It's gorgeous. We'll continue to do that. And thank you for council support. And then, let's get ready. We're going to roll-up our sleeves in January, so just a few weeks away. And we are going to update our downtown strategy. Again, just to remind folks, that will be handled internally. But you approved, at the beginning of the month, some monies to help us with some landscape architecting. We don't have anyone that does that on staff. And also looking at forecasting of, okay, if we add a little bit of industrial or an overlay district, what does that look like? We've had some constituents say, well, what if we got rid of everything and turned everything into apartments? We're not going to want to do that. But again, to be able to show some forecasting of data driven decisions. And so stay tuned, we'll be rolling out what those stakeholder meetings will look like. Apartment occupancy rates. Again, beating a dead horse here. You can see that we're over 90 percent occupancy. It's a supply-demand issue. When you're in that 90-plus percentile, people who want to move here cannot move here because there's not options. There's either one option, two option, not a lot of availability. Over the last couple of weeks, there's been a lot of inquiry into how many apartments do we have? How many are in the pipeline. And so letting council and the public know that staff is working on that, looking at land uses, again, pipeline. And some of the pipeline finding out that, yes, council may have approved that, but where are they at in the development process? Have they even reached the building permit process? And then to know some of them are five units and we'll go back to Gunsight that has nine. After they received their certificate of occupancy, a CFO, within two months full. There is a demand. And so we'll provide more information and see to how we want to articulate that with the public. MAYOR DICKEY: Amanda, the Four Peaks one. So those are condos, and I know that there's been some -- an entity buying them up and I think trying to change them all into apartments. But there are still people that want to stay there and own. So does that 80 percent, is that reflecting of the units that are for rent? Because it's kind of in flux. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 15 of 74 JACOBS: So Madam Mayor, that is correct. So thank you, because usually I point that out. So with this one, it's always 80 percent. It could be a little bit lower because some have been purchased and some are for rent. And then so we'll investigate further what you're also mentioning of either converting, converting more; we can research that. That I'm not familiar with. MAYOR DICKEY: Okay. I'll talk to you about it because it's something that some people don't -- that are there. Well, we'll talk about it. Thanks. JACOBS: You're welcome. And then vacancy rate existing buildings. So I ask you to look at the first vacancy rate column. Again, it looks like the little keynotes below got messed up. But so again, this is using CoStar software just for transparency, that this is what it is demonstrating to us. That we only have 14.4 for office, 7.1 for retail. That is not true. And so we continue to struggle. Some of our commercial brokers are not letting us know about vacancies. Which again, as staff, it's a struggle. Because one, we're having to go, which is a little bit of a waste of time. And then two, over the last couple of months, we're having people contact us, developers or tenants of developers saying that they're interested. And so we're wanting to be able to quickly say this is the perfect match. But we don't have that. So we're having to do our own due diligence. So I won't go through the first quarter. We'll just skip to the second quarter. And so comparing, again, the manual and what is being populated. So office has reduced to 26.7. Industrial has increased a little bit. So again, off of laser and technology, some spaces have popped up; it's at 11.8 percent. And then retail, just a small decrease of 19.3. But again, that is the explanation for that table. MAYOR DICKEY: Sorry. When this CoStar, is that who determines other cities and towns? Like if we wanted too -- because I know that we were similar -- though office was a little bit off but were similar to the vacancies that occur in other cities and towns. If they use CoStar, then we would really be in line with them, correct? JACOBS: So Madam Mayor, yes. So they poll in all cities, towns. They poll nationally. So we can look and compare ourselves against Chandler, Phoenix, and some of it we may, once we do the math and the numbers, were in a little bit of alignment. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 16 of 74 MAYOR DICKEY: Okay. Thank you. JACOBS: You're welcome. All right. Update on grant funding. We are on track for the AOT Prop 302. That's a little over 60 grand. The AOT, Arizona Office of Tourism visit Arizona initiative round two, that is complete. So we had applied last year for $230,000. We were able to use all of that. We are waiting to be reimbursed by the state. In the summer we were told that Governor Hobbs was going to continue this program that was started by Governor Ducey. We were informed a couple of weeks ago that unfortunately, they will not be continuing it. They feel like there's other things in the state that need monies and need more recovery versus the tourism. And so this again, too, kind of points out what I said in November from an economic development standpoint, to not continue to rely on grant funding. That if we want to market our town, let's invest in it. And again, I told you July 1 last year for economic development, I had a zero budget. But thank you, we at least got 15. We were able to reinstate that. But I will be asking for more and I warned you of that in November. And so Fort McDowell Yavapai Nation, we applied. Unfortunately, we did not receive any funding. And then Salt River Pima Maricopa Indian Community, we did receive 50,000. Traditionally, we've been receiving 30K. And again, it's like it doesn't hurt to ask for a little bit more. So we ask for 50K. Received that and a 100 percent of that will go towards the music fest. Marketing. So our marketing is hitting to business retention. It's going to help with attraction. But I told you last year we started a blog feature on the Experience Fountain Hills website and again we've been contracting with Clasen Communications. Debbie Clasen is assisting us with that and we'll continue to monitor. We also needed fresh content when it came to photos, and our businesses are loving that. They're like, we haven't seen economic development or community relations and you're coming in and taking pictures and what are you doing with that? And so sharing that, that's on our economic development website, the Experience website; it will be on social media. And then, again, in the CEDS, community economic development strategy, we need a more robust economic development marketing brochure. We've done print media in TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 17 of 74 Experience AZ, Phoenix Magazine. And again, too, we've been able to go in and we're working with DayLite Films, another local business, Andrew Day. So going in and it's, hey, we have live music, why aren't we promoting that? So going into our various restaurants and putting together a full solid piece. We've got shopping, we've got boutique shopping. So compiling all that into one and being able to push that message out. Partnerships, there are a ton. But as always, we'll only highlight a couple. But want to highlight Fountain Hills Dark Sky Discovery Center. They were able to announce that in the beginning of the year -- summer, March, April, that they will be breaking ground on the Dark Sky Discovery Center and super excited. I know the whole community is excited about that. And then, myself, the mayor, vice mayor, at times get to monthly meet with the Greater Phoenix Economic council as directors or mayors and supervisors. And again, a lot of the stuff we're reporting, what is nice. It's consistent with what they're seeing regionally and nationally. They were able to attract about five companies to the state. And what was fascinating -- I had shared with the mayor and vice mayor is it was over 20,000 square feet all the way to 300,000 square feet. And obviously, 300,000 square feet is not going in Fountain Hills. So trying to be competitive with the market. And then the average salary that they're seeing is below 70,000. And then they are also really puzzled that we haven't started really returning when it comes to the office. That talking to health care or call centers, if there's that large component of customer service, that it's been a benefit for employees, it helps recruit employees. And so a lot of those positions are remaining remote. So just wanted to share that. I think we have two more slides. Thanks for hanging in. So tourism, we remain at 63.8. You'll see our work is really paying off, when you look at the social media and the Experience Fountain Hills website increase. We started adding -- my last update, looking at the live feed. So people are watching us, watching the fountain. And then, again, thanks to the businesses supporting and our AOT Prop 302 funding, we're able to get that 100 percent paid for. So our visitors' guide was actually put out a couple of TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 18 of 74 weeks ago. So again, to really get in time to have our winter visitors. And then something new we're going to start reporting on. Instead of just the top five that are looking at our website. We've broken that into the top five for AZ, and the top five nationally. So that is a benefit for tourism. But also looking -- so again, with the downtown -- or if you look at the bio convention, sometimes that is in San Diego. And so again, can it not just be tourism or not just attending a conference but also talking to businesses to recruit them? So if we're already going to be there for three to five days, let's look at the conference schedule. What can we wiggle in there? Or talk to Manager Goodwin and say I need an extra day because we're trying to recruit people to Fountain Hills? So again, the data is powerful. With that, Madam Mayor -- and then before I forget, happy holidays. Merry Christmas. Happy Hanukkah. What questions can I answer? FRIEDEL: Thank you, Mayor. You mentioned CoStar, and that's our data analyst. And I would be careful comparing us to Chandler because I think they have like ten times the population and they have 2,700 brick and mortar businesses. That wouldn't really stack up with us I don't think. So when we're using that as a comparison, we're able to drill down and get cities more along our line, right? JACOBS: That is correct. So Madam Mayor, councilmember, I just threw that out of just different cities. But yeah, we try to do a little bit of apples to apples. FRIEDEL: Thank you. JACOBS: You're welcome. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Thank you for your report. JACOBS: You're welcome. KALIVIANAKIS: When it comes to tourism, I know that Adero has been in the news lately. Is there anything you can fill us in on, or have you been in touch with the people up there and what's going on? JACOBS: So Madam Mayor, Councilmember Kalivianakis, I have not at this time. So there's nothing I can report on that. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 19 of 74 MAYOR DICKEY: All right. Thank you so much. JACOBS: Thank you. MAYOR DICKEY: We appreciate it. Thanks for answering the questions all along. JACOBS: You're very welcome. MAYOR DICKEY: All right. Our next item is call to the public. Do we have speaker cards, Linda? MENDENHALL: Yes, Mayor, we do. But I also want to let you know that I received many online written comments regarding the development at the Four Peaks Plaza. And I just want to let you know you don't have those in your packet but when the item officially comes to the agenda, I will retain those and hand them to you. So if you're watching and you submitted a comment, council will see it at the time that it's on the agenda. If it makes it to the agenda. MAYOR DICKEY: Thank you. MENDENHALL: All right. So we do have about 15 cards, if I counted correctly. And first, we'll start with Pam Cap. And on deck is Phil Sveum. Hopefully I said your name correctly. CAP: Did not bring my book this time, so I promise I won't turn anything on. Good evening, Madam Mayor, councilmembers. My name is Pam Cap. I've resided here in Fountain Hills now for eight years. Fountain Hills needs affordable housing and it needs an identity that is not restrictive or only for rich white folks. According to several articles published on the Arizona Builders Exchange, Fountain Hills has a reputation as being one of the most difficult communities for commercial businesses to build in. How does this help us? Our economic development director, Amanda Jacobs, and her team are doing an outstanding job identifying development possibilities. She has presented this council with recommendations that will increase revenues for our town. One of them is affordable housing. This has the potential of bringing people closer to jobs here in Fountain Hills. Remember all those folks complaining about restaurants being closed because of staff shortages? This could be one solution to that problem. This will put TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 20 of 74 more butts in the seats, as our economic director has said in the past. And it will also keep our Target here. Losing Target decreases 100 percent of the revenue we receive from them. How does that help our community's improvement budgets? Infrastructure will suffer even more. This plan will increase revenues by $500,000. That can fix some roads. That will help Fountain Hills. This council receives recommendations and advice from our attorneys, some of which have fallen on deaf ears. This council has received recommendations from citizen advisory boards regarding environment and road conditions. The majority of this council refused to listen. Currently, one councilmember is openly campaigning against Target on his X account regularly because he fears rainbows and gay people. How does that help our community when we have a Target and gay people? It's time this council majority starts listening to the people who have factual information instead of listening to the fearmongers who believe only bad people will move into our community and the Villages at Four Peaks. Several councilmembers ran on platforms that included commercial growth and economic development. I'm asking that you actually fulfill those promises. Please support the Villages of Four Peaks for Fountain Hills. Thank you. From my family to yours, we wish you a very happy holidays and a healthy 2024. Thank you. SVEUM: Good evening. My name is Phil Sveum. I've owned property in Fountain Hills off and on since 2006. My wife and I became permanent residents a little over a year ago. I watched the planning commission meeting regarding the Target development; all four hours. It was interesting. I think the project -- I agree with everything that the previous speaker talked about with development, bringing more people into the community. But specifically, the logistics of this -- of what Sandor is planning to do is very intriguing. I have had personal experience with wraparound apartment buildings. I was introduced to it as a Texas Donut or a Dallas Donut when I first saw it. It's very efficient. The density is part of what you have with it, so there is less footprint of property. I think it very much is environmentally friendly. Obviously, the density issue is part of the biggest tug of war with this. However, there's tradeoffs. And you have TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 21 of 74 someone of this caliber that has a 65 percent vacancy in their Target center but is also willing to put their money where their mouth is with a parking deck rather than a spread out parking lot. I think that's a major advantage to this property. Target is going to benefit. Streets of New York is going to benefit. All the other -- they'll be able to attract other retailers because retailers use trade rings. They want to have make sure that there's people that are within walking distance or at least a very short driving distance. So I think it's maybe that -- and I hope that between now and when it comes in front of you officially, that you will look further into the advantages of this type of architecture. It's not just the pretty elevations, which it is. It's a very good looking architectural building. But if there's reasons for this parking deck and it will play major advantages for the tenants there that are not walking from their car in 110 degrees across the parking lot into the building. They'll drive up the ramp inside this building, get out on floor 2, go to their apartment at 204. It's an advantage from a marketing standpoint and from an environmental standpoint. And I also noted that they were planning to pursue some LEED certification, which is another advantage. So anyway, thank you very much. MENDENHALL: Next we have Beth Culp. And on deck Art Tolis. CULP: Good evening. I have a prop. I have actually two props. There she is. Vanna White. Hi, my name is Beth Culp and I've been a resident of Fountain Hills for six years. The code of ethics obligates every member of this body to safeguard public confidence by being fair, caring, honest, and respectful. The code also obligates every member of this body to avoid derogatory language and to refrain from making disparaging remarks. Since taking office, Councilmember Skillicorn has repeatedly used derogatory and disparaging language in referring to members of the transgender community by posting and reposting content, referring to them as pedophiles, groomers, and trannies. He has repeatedly exhibited his disrespect. Crime statistics establish that transgender people are at risk. Murders of transgender TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 22 of 74 people have more than doubled in the past few years. It is unthinkable to me that an elected official would deliberately target this vulnerable group. A group that includes not only his constituents, but also people he actually knows. Last month, Mr. Skillicorn posted a link to an animation titled, "Matt Walsh Thanksgiving". The annotation is intended to serve as an allegory. It's Thanksgiving and a turkey is attempted (sic) to avoid being killed and eaten by disguising itself as a human. The disguised turkey is seated at the table with seven bearded white men when the host of the event, Matt, announces that the celebration must be canceled because the turkey cannot be found. As the guests express their disappointment, Matt stares at the disguised turkey and says, I can't help but feel a sneaking suspicion that you might be a turkey. The turkey insists that it is a human being and not a turkey. Matt asks, so what is a turkey? The turkey responds, a turkey is anyone who identifies as a turkey. Matt then asks, does a turkey have a pecker? The turkey, now clearly agitated, says, I don't understand why you're so fixated with biology. And goes on to state, not every turkey is assigned turkey at birth. MAYOR DICKEY: (Indiscernible). CULP: All right. Well, I'm just going to finish by saying I would appreciate it if you would all view this and then consider doing your own ethics investigation and determine whether or not Mr. Skillicorn should be sanctioned. Thank you. Oh, and I will post the ending prop that I had, which shows that murdered turkey. MENDENHALL: Art Tolis. TOLIS: Good evening, Mayor, council. Art Tolis, Fountain Hills. Do I state my -- I don't state my address. No? MAYOR DICKEY: No. TOLIS: No. I didn't think so. I'm here to speak to you in regards to the Four Peaks project and my support of this. I painfully listened to four-plus hours of the P&Z meeting online. And I understand a lot of the controversy, a lot of concerns. I see both sides in regards to what we want for this community or what the constituents would like to see in this community. But I would tell you, every project when I was on the council TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 23 of 74 had controversy. Every one of them. And I can go down the list. But even before me, thinking back to the Four Peaks apartments, when Mayor Jerry Miles was the mayor. That was incredibly controversial and it ultimately was built and became successful and provided housing. And ultimately, created more vitality within that Safeway area. If you look at the Pillar project that is now Pillar; was previously a different name. That's provided housing and there was controversy there. I remember sitting on that council and one of the councilmembers concerned about the parking. Same conversation that's really happening right now with the Four Peaks. And I said at the meeting -- I have to go back to the meeting and say exactly what I said. But the controversy, it wasn't about the parking, it was about killing the project. And anything that could have come up that could have, maybe, gained some teeth to it, was continuously brought up. So either you're for development or in this case you're not. And in this particular case, I've seen the plans. I saw the design. I walked the property. I've talked to the owners of buildings down there, the owners of businesses. I believe that if the information is correct, there's likely going to be a freestanding Starbucks down there at some point after, potentially, this is built or even maybe simultaneously. Okay. Don't quote me. But these are things that I'm hearing and that would be adjacent to the Bank of America building, is what I'm hearing. Okay? So there's a lot of improvements to that project. And I think that ultimately it would be incredibly successful. I don't like to hear the debate about we need affordable housing or -- we need housing. We need people that can choose to live in an apartment complex similar to this and the pricing of these apartment complex. It goes back to the same argument that we had with the downtown. And the downtown as to the affordability and bringing people to the downtown. This downtown is more vibrant now because of the development that's happened over the last ten years than it would have ever been. And hopefully we're going to continue to finish this out in the downtown area as well. So I would encourage you to make sure it gets on the agenda, to openly discuss this and debate it as a council and take into consideration how our town is funded and where TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 24 of 74 the growth of this community needs to be. That area for the apartments is perfect, and the complex, and the developer. I think it's a win-win for the community. So I encourage you to move forward, put it on the council and pass this. Thank you. MENDENHALL: Next we have Clayton Corey. And on deck, Crystal Cavanaugh. COREY: Hello, councilmembers. Thank you for the opportunity to address you today. My name is Clayton Corey and I've been a Fountain Hills resident for the past eight years, and I have witnessed our town's growth and evolution. And today I'm also here to advocate for the Villages at Four Peaks, a pivotal project that I believe is not just a development, but an opportunity to realize the vision for our general plan. The development, strategically located on Shea, embodies our plan's emphasis on revitalizing the Shea corridor. Its mixed use design aligns with our community's goal of promoting diverse, walkable neighborhoods, bridging the gap between residential and commercial. The Village at Four Peaks is more than just a construction project, it's an example of our town's commitment to thoughtful, progressive urban planning. By introducing a mix of residential and commercial spaces it directly supports goal 3 of our economic development plan, attracting families and younger professionals to our community, thus enriching our social and economic fabric. And furthermore, the development's innovative parking, as we heard a moment ago, is an environmental considerations' reflection of our town's dedication to sustainable growth as outlined in our natural resources and open spaces policy. These features demonstrate a commitment to maintaining the character and beauty of Fountain Hills while accommodating modern needs. And the support from our local business community, as we may hear, is not just a vote of confidence in the project's economic potential, but a recognition of its alignment with our town's vision of a vibrant, economically diverse community. By boosting local commerce and creating new opportunities, the Village at Four Peaks is poised to be a catalyst for economic growth in line with our general plan's goal of long-term financial stability. So I respectfully urge you, when this does come to you in January, to approve the project and embrace the positive transformation it represents for Fountain Hills. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 25 of 74 Thanks. CAVANAUGH: Good evening. Fountain Hills resident Crystal Cavanaugh. The magnitude of this upcoming rezone request goes well beyond our highest R-5 zoning density by about 100 units, while at the same time being short on the required parking spaces. The 316 units starting at 760 square feet will likely be rented by retirees and part-time residents. Why would the Chamber of Commerce and the economic development team so quickly get behind such a high density project that won't feed the schools with children and likely not help local businesses by being so close to Scottsdale? And the public is only recently hearing of the project details, even though the development staff and the Chamber have been meeting with the developer for months. We need transparency on this. Adding such a high density project can negatively impact our community resources without offering significant benefits at times. Has our economic development or our Chamber gotten assistance in reaching out to existing corporate entities who may wish to relocate to this location? Adding a high-paying corporation would be valuable and may be of interest to the developer, too. It's a good location for that, with easy access to the 101 and the 202, and an international airport. And we could do rezoning for that just as they're asking for this. How is it that our economic development director used words like, "workforce housing" and "diverse housing" in her description, but then the developer presented these units as luxury. Understandably, the developer would need a certain price point to make money, and that's not the affordable housing market. I do not fault the developer in any way for wanting this to go through, but to get a rezone of this magnitude, we need it to be a fit for the community. Selective development is important. This would likely be more easily accepted if it was a smaller luxury condominium project, for example. And it was offensive that the Chamber equated high-density apartments to vibrancy while mischaracterizing those of us who have serious questions about this project as simply, quote-unquote, "opposing everything". Such high density projects significantly TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 26 of 74 change the small town environment, which was precisely why many residents chose to purchase here in the first place. Many residents were disappointed when our own economic development director didn't seem to understand our community when she sent out that AZBEX article citing a legacy of difficulty in Fountain Hills. So I urge you to please take the time needed to get our questions thoroughly answered and find the right fit for Fountain Hills when this comes to the agenda. Thank you. MENDENHALL: Next we have Betsy LaVoie. And on deck, Pamela Curtis (ph.). LAVOIE: Good evening, Mayor, council, staff. As a 45-year resident and the CEO and president of the Fountain Hills Chamber of Commerce, I often emphasize my deep connection to this community. However, tonight I'd like to shed light on the broader pro-Fountain Hills engagement story that goes beyond my personal background. The Fountain Hills Chamber of Commerce holds a significant position as the 17th largest advocacy organization in Arizona despite our town not ranking as the 17th largest in the State. Additionally, I serve as the managing director of the Fountain Hills Chamber Foundation, sitting on the boards of directors for both nonprofits as well as plat 208. Furthermore, I'm part of the executive team for all three boards. My commitment extends to family roots as well, with my children being fourth generation Fountain Hills residents. Our family's involvement spans businesses, volunteer work, and ongoing service to this community. The Chamber of Commerce's Board of Directors comprises individuals who share similar deep roots and are key stakeholders in our town. Tonight, I stand before you in strong support of the Four Peaks Plaza rezoning and encourage you to put it on the agenda for January 17th, if it's not. Having attended the P&Z meeting, I've noted opposition stemming from fear and a perceived lack of abundance for our town. It is perplexing to witness the repetition of questions and false statements that have already been addressed and clarified. One prevalent point of contention revolves around safety concerns, particularly the need for additional fire safety equipment. However, our very own fire chief Ott, confirmed at the P&Z meeting that no further equipment is needed or required, dispelling this as a nonissue. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 27 of 74 Another point raised is the apprehension regarding traffic and parking. This has also been clarified as a nonissue with the reassurance that traffic at full residential capacity would be less than the current scenario at full commercial capacity. Additionally, there is misinformation circulating about the developer seeking a zoning change to develop and convert the entire plaza into thousands of apartments. This is inaccurate as the new PAD or planned area development is required to bring this plaza with the town's current zoning standards. There are no use changes for the commercial. PUD commercial will then be PAD commercial. That's it. And the only area that will be allowed use change is the 6.7 acres for the apartments and that will be a PAD residential, and that's the only area with a use change. A misconception has arisen about density, which I found somewhat baffling. This was an argument against Park Place. However, have you seen swarms of people flooding the streets, causing a problem? There was also a question about rental rates. We all know that rental rates will be at fair market value at time of completion. End of story. In conclusion, I urge the town council to consider the facts and the merits of the Four Peaks Plaza rezoning with an opportunity to redevelop the plaza on our main artery, which will contribute positively to the economy and prosperity of Fountain Hills. And I thank you for your time and thoughtful consideration. CURTIS: Good evening, Mayor and councilmembers. I've been a resident here for 29 years and I painfully attended the P&Z meeting as well. The developer purchased this property, seeing the empty storefronts and the empty freestanding buildings. And because they didn't put the work in to draw in and secure retail businesses, they want to revitalize this area, this commercial area, by tearing half of it down. How does tearing down half of this commercial area draw in commercial businesses? Regardless, they want to rezone for apartments. However, they didn't even prepare properly for this proposal. They're requesting a rezoning that does not allow for 316 apartments, but for closer to 220. They're proposing 100 less parking spots than are required for the number of apartments that are proposed. They haven't allowed for required setbacks along Technology Drive, and they're proposing heights way above TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 28 of 74 what is currently there and approved, not just for the apartments but for new signage. They wish to almost double the size of the sign at Shea and Center, making it, if not the same height as the traffic lights that are there, but maybe even higher. The reasoning being that you cannot see the one at the center -- at Center and Shea. There is one large tree on that opposite corner that partially blocks the view of the sign as you drive up to the intersection. That tree can be trimmed or relocated. There is no need for a humongous well-lit sign when the storefronts themselves shine brightly with large red or green lettering. And when people use Google Maps or other apps on their phones or in their cars to locate a store, should they not know exactly where it is? There is a sign at Technology that lets you know the center is there as well. Another like it, I would not be opposed to at the other end of the center near the old Blockbuster or Verizon store structures. What we need here are high quality, good paying jobs that will attract young people and families that can purchase homes here and stay for decades like we did. The apartments proposed will not do that, especially when only 15 are proposed to be three-bedroom and the others mainly one-bedroom and a slightly less amount of two bedroom. Also, there are not family-friendly parks or schools within walking distance here, just a large parking lot and a main thoroughfare. We also do not need 300 to 500 more cars emptying onto Shea each and every day there. When people shop, it's at various times during the day. But people go to work and to school pretty much at the same times each day, adding to the traffic situation on an already increasing thoroughfare there and close to a very busy intersection at Shea and Saguaro Boulevards. This proposal just isn't the right solution. Sandor should think of lowering the rents and going out and enticing businesses to come to Fountain Hills or bring a corporate headquarters there that would adhere to the current height and lighting codes and restrictions; or a nice corporate center. We claim to be a Dark Sky community, but do we say except for over there? I'm also wondering. Oh, sorry. Thank you for listening. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 29 of 74 MENDENHALL: Next, we have Barbara Sudderth. Are you still here? Okay. And then on deck is Barry Wolborsky. SUDDERTH: Good evening, Madam Mayor and council. My name is Barbara Sudderth, and I've lived in Fountain Hills for nearly 30 years. I also have spent today listening to the four-hour P&Z meeting because I wanted to know what their concerns were. And I realized that you're not going to address this project tonight and that it's going to be in January. But I just wanted to make my comments now. I want to congratulate the town, first of all, and the economic development manager for bringing options to us. And I think that that's something that we need to look for. We know that nationally we have a housing shortage, and that's true in our little town, too. We need to have places where people can live. You're not going to have a Google if you can't provide the people housing to live nearby. And we're all familiar with the supply and demand of our econ 101. But if we have a low inventory, we're going to have high prices. So if we would generate the inventory, that could reduce the prices. Now, personally, for myself and maybe for you, I don't particularly want to live in a mixed use high rise, but that's addressing a different generation. And those younger people seem to like that kind of mixed use housing. So we need to have something for everyone and we don't have that now. We need to have housing -- we've talked about this for years -- for single teachers, nurses, young professionals, and sometimes even our children or our grandchildren might want to move to live near us. But if they don't have the down payment for a single-family home, where else are they going to live? This would be a new option for them. Personally, I'll just tell you a story. I got back from a high school reunion, and the town -- that suburb that I grew up in, was created about 80 years ago. And. I was surprised that a lot of my classmates stayed in town. Their children stayed in town. Now they have grandchildren in town, but they have lower cost housing there because some of the housing is 70, 80, 60 years old. So they can start -- and our town, obviously, isn't that old so we don't have lower cost housing. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 30 of 74 I would like to encourage the economic developer and the town to start looking at answers and answering questions of people's concerns. I'm positive -- I'm a positive spokesperson for this this project. I'm sorry I didn't get to finish all my points. MAYOR DICKEY: That's fine. B. WOLBORSKY: I'm Barry Wolborsky and I'm out of step because I'm not going to talk about the development at all. I'm the statistics man, and I have a problem with the economic development update. My rule for statistic is and always has been, if it seems unbelievable, probably is. First, the vacancy statistics do not state what they're measuring. Are we measuring vacant buildings, offices, and storefronts? Are we measuring square feet of vacant property? I don't know. I think it's much more important to measure square feet because a little tiny office that's vacant is not the same thing as a huge building that's vacant. But I'm not getting that information from the presentation. Also, I have a problem with the tourist statistics and I may have misunderstood this because it wasn't very clear. But what I think was presented was that we're number four in terms of getting response online in the State of Arizona. What I didn't see there was the Grand Canyon. And I guess we're more than they are. I didn't see Sedona. I didn't see Tucson. I didn't see Flagstaff. I have problems with this data. And I say based on these issues, I don't have much faith in that report. Thank you. MENDENHALL: Next we have Mel Carr. And on deck, Stephen Gay. CARR: Good evening, Madam Mayor and council. My name is Mel Carr. I own an executive virtual assistant company which is a 100 percent woman led U.S. based. So with that said, earlier this year, I was looking to move to Fountain Hills to have a new home, and where I work from home. I came to Fountain Hills only to find that there were limited options available, and the options that were available were a little bit older. So I work from home, I want my home to be nice and modern or have all the options and benefits that I can have in -- say in Scottsdale. So with that said, there was nothing for me to choose from in Fountain Hills. I paid more in Scottsdale to get what I wanted. So with that said, I do have a number of clients TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 31 of 74 here that -- we support them so that their company can grow and add to the community. I love supporting community. I love being local and I'm a proud member of the Chamber of Commerce. So that's why I come to support this Four Peaks project. And I look forward to someday being able to call Fountain Hills my home. Thank you very much. GAY: Good evening. My name is Stephen Gay. And wow, what amazing talks we've had by people commenting tonight. This will be my last time at the lectern for a while. I've had a home in Sonoma County, about an hour north of San Francisco for ten years now. I have family close by and they have made increasingly loud but still mostly civil requests that I go ahead and make the move back there. I'm sorry. Excuse me. Sorry about that. I intend to keep my home in Fountain Hills and hope as a property owner, I can still fill out comment cards, participate in call to the public when I am in town and write the occasional letter to the editor. I'd like to commend everyone, on and off the dais, who worked so hard to keep our town running, especially Capt. Kratzer back there who remains standing the entire evening at every meeting. God bless that man. And let's not forget Bob Burns of the Fountain Hills Times Independent who sits inconspicuously at his desk, accurately reporting on the driest subject matter every two weeks while also keeping our town officials and employees accountable. I appreciate the civility found in these chambers and for twice having been afforded the privilege of giving the invocation. Outside of these chambers, the discourse is a lot more lively with a national political figure telling his cheering audiences that progressives like me are not very good citizens, adding that we are indeed vermin living among you. Oh, great. Now Fountain Hills has a vermin problem. What's that going to cost us? Speaking of citizenship, 53 years ago in 1970, an elementary school student wrote Peanuts creator and fellow Sonoma County resident Charles Schulz and asked him what makes a good citizen? Here is what Charles Schulz, the creator of Peanuts, wrote back. "Dear Joel, I think it's more difficult these days to define what makes a good citizen than TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 32 of 74 it has ever been before. Certainly, all any of us can do is follow our own conscience and retain faith in our democracy. Sometimes it is the very people who cry out the loudest in favor of getting back to what they call American virtues who lack this faith in our country. I believe that our greatest strength lies always in the protection of our smallest minorities". Well, that's the letter. If you ask me, it's a great definition worthy of consideration by all of us. Thank you. MENDENHALL: Next we have Cindy Couture and on deck Scott Schlossberg. COUTURE: Hello, Madam Mayor and councilmembers. I'm Cindy Couture and everything I was going to say has been said. So I'm just going to say I'm totally in support of the plaza at Target. I don't want to lose Target. I go there probably once a week. I'm hearing they're having trouble. And then I'm hearing that all these people in Fountain Hills are saying empty buildings. Amanda Jacobs, you've got to take care of those empty buildings. Well, she figured out a way and for some reason the P&Z people decided to vote against that way. And so I'm urging you guys to remember things like, I was in this very room when we had a big fight about having a single garbage hauler and people were crying and moaning and screaming about having a single garbage hauler. It would take away their American rights. And my God, we've had one now for years and it's been wonderful. So we kind of have a lot of curmudgeons who are against change in Fountain Hills. I think they're a loud minority. I think if you had a vote, the majority would be build these apartments. Thank you. SCHLOSSBERG: Mayor, council. Scott Schlossberg. I can proudly say now this is my tenth year. I'm a ten-year resident in Fountain Hills. I'm raising my family here. I have a local business in town which actually happens to be located right across the street from this project, so I'm very familiar with it. I'm also a commissioner on the planning and zoning commission, and I'm a board member of the Fountain Hills Chamber. So I don't know what to say. Thankfully, or after hearing about the four-hour craziness that went on; I missed the meeting on Monday, and I'd say I'm sad that I missed the meeting. But after I know now that it was four hours and all that, maybe I'm not that sad. But I TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 33 of 74 wasn't able to cast my vote and I wasn't able to attend via phone because I wasn't able to attend via phone. So I know you guys -- basically, with planning and zoning, we send you a recommendation and that's all we do. And then you guys deliberate and you decide whether you want to take our recommendation. And sometimes you decide you don't like our recommendation. And sometimes that irritates me as a commissioner that spent a lot of time. However, in this particular case because I wasn't part of the vote and I wasn't part of the deliberation, on my side, I'm hoping that you guys will choose to ignore the recommendation that was sent to you and hear the project and hopefully vote in favor of the project. It's a great project and I'm not going to talk about whether the ladder can reach the top -- the fire ladder can reach the top of the building. I want to talk about the big picture. And I said I'm aware of the big picture because I work there, I'm there every day. I'm in a building across the street that's probably 30 percent occupied. And then, obviously, the plaza across the street, we know what's there. So I think the end result will be pretty amazing. And when I got my packet for planning and zoning, the first thing I said was, man, I love this project. And that was the one thing I said, again, without looking into anything else. And honestly, I liken this project to the one, if you're familiar, at Raintree and the 101 in the Walmart parking lot. And I remember when they started building, I was like, what in the world are they building there? And it turned out they're building this huge apartment complex there in that area where there was anchors that were -- so Sam's Club was there. They pulled out. There were all kinds of other anchors that were there that pulled out. However, not saying it's the result of the apartment complex, but that apartment complex moved in there and is now full. And it seems to be revitalizing that whole area. There's new businesses coming in there every day. So it's kind of a cool little thing that I've seen happen there. Another comment. My staff -- some of my staff drive from Mesa every day, and it's painful for them to drive from Mesa and especially with the bridge closed. Boy, wouldn't they like to have a place right across the street where they could have like a TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 34 of 74 30-second commute to my office? So finally, I'm going to leave you with this, that I hope you will take the planning and zoning commission's recommendation and turn it into an approval. Perfect. Thank you. MENDENHALL: Next, we have Gene Slechta. And on deck, Ed Stizza. SLECHTA: My name is Gene Slechta. I've been here 28 years and I'm still alive. Thank you, Mayor, council. Happy holidays to everyone. First of all, I want to acknowledge the great work our commissioners do serving our community. I recently watched the P&Z commission, the four hours that I keep hearing about, discuss the merits of the proposed Target Center redevelopment. Very impressive preparation done by all the commissioners. Most times they make the right decisions. Rarely do they make the wrong decision. As a former P&Z commissioner, I know that this time they made the wrong decision in recommending rejection of the proposal. Let's not blow this. You just heard from Amanda about we need affordable housing and apartments. We've seen a plan now to help save the Target center and maybe Fry's down the street. May be the last chance to save it from being an empty shell and on the most visible road through town. Our Target is the lowest producing Target in Arizona. I believe Fry's is there, too. As you know, the plan submitted was to build an apartment complex on the west end of the Target center at Technology Drive. It would add about 500 residents and could save or could produce about $500,000 in sales tax revenue. This location is attractive for its ease of access to employment centers in neighboring Scottsdale and Mesa and even Tempe. And it will bring year-round young professionals and families to live here. The Chamber supports the proposal. Why? Because it retains existing retail, creates new demand for services, adds dollars to our coffers, and brings younger residents to town. I've heard plenty about opposing views. Traffic. Are you kidding? Shea a six-lane road that can carry a whole lot more vehicles. And unlike many vehicles that are just passing through to get to the mountains, these residents could walk to Target center for TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 35 of 74 groceries, restaurants and not even drive their car. An image. We don't like the types of people renters bring. Ask Amanda what she thinks. She's a renter. Finally, the Shea corridor is literally our front yard. Think about that. We've all heard, location, location, location. What would be the impact of an empty shell? The decaying center in our front yard. So I wanted to voice my concerns before this agendized in January. We must convey now to the developer that this community knows the value of this center and we are not closing the door before they walk out the door. Thank you. One more thing. In my five years in the town's P&Z -- sorry. Okay. Thank you. MAYOR DICKEY: (Indiscernible). STIZZA: Good evening, Madam Mayor. Good evening, town council. Good evening, staff. Good evening, Aaron, and good evening to all the residents of Fountain Hills. So happy holidays to everybody again. And I hope everybody's enjoying the season because this is the time to do that. So I wasn't going to speak on the actual the Target center development. But I, too, sat through planning and zoning and listened to every single word during the entire time. I didn't find it painful because it was a discussion and that's what needs to happen. We need to broaden the discussions. I don't care what the subject is because we just don't do enough of that. And rolling the dice on this, I want exact proof that you're going to need 700 apartments here. We don't even have a downtown built yet. What's going on with that? Nobody seems to know what's going on with that property. We have a fence sitting there that's surrounding that property that's been there for almost two years. And I'm going to have to explain to all the people that I have coming into town why it's still there and I don't have an answer for them. So that's one thing. Why don't we really look at how many apartments we need here? I respect and appreciate everybody's opinion and also all their experience and knowledge and everything else. But somebody please tell me exactly how many apartments we need to make Fountain Hills actually viable. Okay? So there's one thing that Fountain Hills was founded on, and that was high-end luxury TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 36 of 74 homes that had more views and a beautiful surrounding than any other place in the Valley, except maybe Cave Creek and a few others. And this apartment complex is a high-density unit or a complex and I don't want anybody to say anything more about affordable housing. You're not going to -- these developers are not going to make -- what's affordable housing? Somebody describe that to me. Please give me the demographics of affordable housing. Is that $500 a month? Is that a $1,000 a month? These guys are going to rent 700-square-foot apartments for over two grand. And somebody tell me that you can't prove that before you vote on this. You need better demographics, not just we need more apartments in Fountain Hills. And I hate to say it, but some residents have gotten up here and said, well, let's take this to a vote. Well, you know what? Take it to a vote. And I almost guarantee you that the vast majority or a majority in this town is not going to want their homes devaluated as far as with more apartments. So get the downtown built. Somebody please explain to the public what's going on down there, because I'm getting sick of answering questions. The other thing is the 5G. Would somebody please tell me why we are 600 days into the discussion and we have not moved it forward? Please explain. Thank you. MENDENHALL: Mayor, that's it for public comment. MAYOR DICKEY: Thank you, Linda. Thank you all very much. We really appreciate it. And if it does come back in January, we'll be pleased to consider your comments. Next we have our consent agenda. Could I get a motion, please? GRZYBOWSKI: Move to approve. TOTH: Second. MAYOR DICKEY: Thank you. Could we get a roll call? MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 37 of 74 SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Our first item I think is going to be John. It's a public hearing. I can open it and John will give a presentation. We will discuss and take public comments if there are any. Thank you. WESLEY: Good evening, Mayor and council. Thank you for this opportunity to make this presentation to you this evening. We're going to be talking about another text amendment to our zoning ordinance. This time we're talking about changes to section 1.12 definitions and section 2.01. As the council is aware, we've been working on an update to all of chapter 2 of the zoning ordinance. Each of the sections deals with different procedures that we bring before you or use to process development applications. We have previously brought to you changes to section 2.02, which deals with special use permits, and section 2.04 with site plans. Tonight we'll be talking about section 2.01 again, which deals with rezoning of properties and changing the text within the zoning ordinance. And we're following it up in the months to come with the remaining sections, 2.03 and 2.07 of chapter 2 to bring them all up to date. As we worked on this particular update, it was noted that we were making the changes in the text of chapter 2 to change from the previous town organization, where we had a community development director, and changing that to the development services director that we currently have. And we thought it was time we probably go into the definition section and make that modification there, as well as several times in chapter 2 TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 38 of 74 we just refer to the director and so make it clear when we say "director", meaning the development services director. I'll note that if you look closely at this slide versus what's in your packet, I noticed one minor error that was made in the ordinance. In that last line, I had put the word "services" in the wrong place. If you look at your packet, it'll say "Services Development Director". And so I've corrected it here and so I'll have that in the ordinance itself too. So switch those words in the correct order. Moving then into section 2.01 of the zoning ordinance, which again deals with amendments to the ordinance itself as well as zone changes. What we're doing here is updating all this chapter so we get consistency in the organization of each of the sections. So if you're doing different processes, you can pretty logically find the different pieces of the process in each one. Updating the language in each section so we can be as consistent as possible. So when we talk about hearings and one and hearings in another that the language is the same. And then, updating it to follow the procedures that we actually use and also to be compliant with state statutes. So then, going through just an overview then of the main changes made to each of the subsections within the application submittal requirements. A couple of years ago we went to all electronic online submittals. And so we're reflecting that in the ordinance versus the paper copies. We are eliminating the option for the public to directly apply for an amendment to the zoning ordinance. We don't do that for any other part of the town code and it can create some challenges if we get applications for something that's particularly challenging to work on. It doesn't stop somebody from approaching staff about an issue, and we've done that on a number of occasions or for the planning and zoning commission of the council to recommend those changes. But have not seen that in any other code where you can make applications to amend the text of the zoning ordinance. We're proposing take that out. We're clarifying some of the parts of the tentative development plan that gets submitted with the rezoning. So that when we've got new builds, that we understand how they plan to use the property. It was noted in some review that we left out the TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 39 of 74 words that the plan should be drawn to scale. And so we propose to add those words in if the council approves this in one of the sections there. And then also added under this section, the reference to the citizen participation plan requirement. There's a new section in this version that we've called "review". We've had the same section in the other ones that have come before you. It just gives a high level overview of the process that we go through with staff. Initial review of the application for completeness and then, our review of the proposal back and forth with the applicant until we have something that's ready to bring forward for hearing and then that review to council. The wording here is the same as the special use permit review process that you've already approved. The notice requirements. We've made some modifications here, and hopefully, it will make it more clear. There are some exceptions provided in the current ordinance. If you're modifying more than this percentage or less than that percentage, it kind of changes. In practice, we always do the three kinds of notification for every case. We're going to mail notice, we're going to post notice on the site, and we're going to post it in the paper. So rather than have the confusing language with different types for certain situations and have to figure out those situations, just provide the same notice for all types of rezones. And one change we are making there is to have the applicants post the property rather than staff have that responsibility. And then they document to us that they have done so and we just monitor to make sure that it stays there over time. The only notice requirement for a text amendment will be and has been, for it to be published in the paper. There is a provision in the code that if somebody wants to be on a mailing list so when we do text amendments they get notified. We provide for that in the ordinance. We haven't had such a list in the past. Maybe now that I'm talking about it, we'll get such a list in the future, but that is available also in the code. And then clarify that if a case is continued to a date specific, either at P&Z or council, then we don't have to do a new notice. Then the next section in the ordinance talks about the hearing process, provides an TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 40 of 74 overview of the process for speakers, and also allows for the body conducting the hearing to conduct an investigation, if needed, as part of that process. And then requires for a summary or basically the minutes of the meeting to be provided. Written protest is another section that's unique in the rezoning. This is provided for in state statute and has been in our code. Several years ago the state modified its language with regard to what is used for what we commonly refer to as a legal protest. And so this is our opportunity now to amend our code to follow the state statute. It does provide that written protest needs to be filed with the town clerk no later than noon the day before the hearing so we have time to review it and do the calculations and see if the standards are met to trigger a higher percentage vote by council. The council can, however, set an earlier date if they feel there's a need to in a particular case to give us time to do that review. And then if we do have a legal protest, it would require six councilmembers to vote to approve a case versus just four. And then the section on action. We divided this out a little bit more clearly between the actions by P&Z and actions by council. The current ordinance allows P&Z to continue a case up to 60 days. We've extended that out to 90 days because we often find that 60 really doesn't work. By the time you communicate back and forth with an applicant, maybe you need to involve the public in that a little bit. We made that change, I believe, also in the special use permit requirement. Council may send a request back to P&Z for further study. Council cannot make changes to the zoning district boundaries without sending that back to P&Z. Currently the ordinance says P&Z has 15 days to act on that. That was kind of short, so we lengthened it to 30. The question's come up, is 30 even really enough time given when council meetings might be and when the following P&Z meeting might be? Should that maybe be something a little bit more than 30 days? So we're open to discussion of that if council has some desires. I think that should be a little bit longer. And then clarifies that if a time limit is placed on an approval that the zoning would automatically revert to what it was before. We still would have to come back through a public hearing process to make that change if, again, it isn't implemented during that time frame. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 41 of 74 MAYOR DICKEY: Are you looking for something on that 30-day thing right now? WESLEY: If council -- yeah. If you'd like to right now. MAYOR DICKEY: So something like that, has it ever happened or is is it a rare thing? WESLEY: It's a very rare thing, Mayor. MAYOR DICKEY: So if 60 days solves that problem that you're talking about then -- and the fact that we never send stuff back like that, I mean. WESLEY: Mayor, it would help if we did that. And we've got 15 days today. We pushed it to 30 in the draft because we knew 15 didn't work. But we really need more -- MAYOR DICKEY: It's something we've seen -- sometimes when it's like, well, they just met, so then they're not going to meet for a month or that kind of thing. So I think since it hardly ever happens, it's okay with me if you want to make it more. Anybody else have any ideas? FRIEDEL: I think 60 is good too. WESLEY: Okay. We'll make that change. Thank you. And so there's the last couple of sections that are in the ordinance that really didn't change. Dealing with open space rezoning, which again, is something we really don't do much anymore. But we didn't change any of that. So in summary, P&Z had reviewed this and discussed it at their meeting last month, made one minor adjustment to the review process to make sure it stays consistent with our overall time frames. Staff and P&Z recommend approval. MAYOR DICKEY: Thank you. Since it's a hearing, I'll ask if we have any public comment cards? MENDENHALL: Mayor we only have one written comment from Rory Wilson, who is for the project. MAYOR DICKEY: Thank you. MENDENHALL: Or the -- MAYOR DICKEY: For the change. Yeah. Okay. Well, I will close the hearing and we can discuss and then we can vote. Let's see, Councilwoman? MCMAHON: Good evening, John. Thank you for addressing some of the questions that TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 42 of 74 I had. I appreciate that. But I would like to make a suggestion in the tentative development plan. Section 3, at the end of the first sentence, to add and include "drawn to scale for clarification" when you submit that. And also at 2G, I'd like to suggest that the language at the end of the paragraph includes, "further study of boundary changes and/or any proposed amendments". So that it covers both of them. Okay. Thank you. WESLEY: I see no problem with that. FRIEDEL: John, I had a quick question. So in here, 2.01.B for application, it says that change for boundaries shall be filed electronically on the town's website. Does that mean we won't take any applications in person from anybody? WESLEY: Mayor, councilmember. That's been the situation for the last couple of years when we went to the online application process. When we do have somebody trying to submit an application that has any challenges, staff works with them to help them through that process. If we really got to the point where they just couldn't do it, they could bring it to us and we could scan it in for them and help them create that. FRIEDEL: So do we want to change the wording to maybe highlight that? I would hate to turn anybody off that's not computer literate and couldn't deal with it. So could we add that as an option? WESLEY: Mayor, councilmember. Obviously, we can if the council would like to. We've already approved this exact same language in a couple of the other sections that have already come to you that have have this exact wording. It's the type of thing, I think, is really more of a process of procedure that doesn't really have to be in the ordinance for us to do it. FRIEDEL: I'm wondering if any other councilmembers have any comment on that. MAYOR DICKEY: Councilwoman? TOTH: Hi, Director. When we passed the last text amendment there, you said that language was already present, the "electronically". Would it require a council vote to add it to that section as well? WESLEY: To go back to the other sections and change -- TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 43 of 74 TOTH: Just to say electronically or in person or something. Where if someone goes to look this up, they don't think that they have to go online because we do have a lot of older residents. And I can see the appeal for them knowing that that's an ability. WESLEY: So Mayor, councilmember. If you're asking about the two sections that have already been approved, it would take going back through a text amendment to put wording into those -- TOTH: It would? WESLEY: -- at this point. And they're already there. I guess, ultimately, it is going to become an electronic application where they file it directly or we file it for them, because that's our means for tracking and processing cases. TOTH: Okay. WESLEY: So it's always going to become electronic. TOTH: All right. I see what you mean. Thank you. MAYOR DICKEY: Is there a way, when -- whatever it is online, because I haven't actually looked through this. When they apply that you can just add a line, we will assist you or something? So because basically, if somebody comes in with something, they're already here, so they already know they would get it. But like Hannah was saying, if somebody looks online and goes, oops, I can't do it and doesn't even bother or something? Just something to kind of open the door, but it wouldn't make us have to go back and change all the other sections? WESLEY: Yes, Mayor, we can certainly do that. We have instructions online already. Numbers of people to call if they need any assistance, and we walk them through that already. We could add something else that says you can bring it in, we can help you that way. MAYOR DICKEY: Sounds good. Councilwoman? MCMAHON: I just want to reiterate that because I recall the last time we looked at these amendments and you explained the whole transformation to electronic applications. That it is online, that you offer assistance, and that people can come in if they have any questions, et cetera. And that you'll sit down and help them go through TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 44 of 74 the whole process. Right? Okay. Thank you very much. I appreciate that you do that. MAYOR DICKEY: Any other questions or comments? Okay. Somebody make a motion, please? MCMAHON: Move to adopt ordinance 2315. SKILLICORN: Second. MAYOR DICKEY: Thank you. Roll call, please? MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thanks so much. Our next item with our patient public art committee. We're going to talk about our Pump House pilot. I mean, Pump House project pilot program. It's four Ps in a row. That's alliteration if I ever heard it. Kevin, are you handling this or Rachael? SNIPES: Either way is fine. MAYOR DICKEY: All right. GOODWIN: I think Kevin will introduce the item, but I know we have a number of our public art committee folks here that can answer questions and walk through the vision. SNIPES: Sure enough. So with us tonight, we have Dori and Jenny, who are going to be going through their proposal for the changes being made to the Pump House wall TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 45 of 74 project, as well as what all has happened with it so far. So with that. WITTRIG: Mayor, council, good evening and happy holidays. My name is Dori Wittrig. We don't need to do all that for this, do we? Okay. So we'd like to give you a little background on the Pump House project first. The Pump House wall has been sort of a revolving program of attempts at providing public art in a very, very visible location at the Fountain Park walking path for many years. In the past, murals by various individuals or groups were presented. These murals are often very, extremely expensive and labor intensive, and they take a long time to complete. Unfortunately, the murals were never very long lived because the Pump House wall is a concrete stucco surface that doesn't allow a proper medium for long-term painted surface. Plus, there is always damage caused by irrigation and fountain water, unfortunately, at our park. Last year, the public art committee came up with a plan to address the problem. For those who don't know, the public art committee is made up of local volunteers and various individuals from the community services department. This scope and duties of this committee is fully defined in the public art master plan that was developed in 2020 for the Town of Fountain Hills. They meet regularly every month to shepherd the public's desires for public art, facilitate placements of public art, and troubleshoot problem areas within the public art collection, like the Pump House wall. Members are often artists, architects, or designers. Funding for the PAC comes from two sources. First is the town's one percent for art program, but also private donations generally of either funds or sometimes art. Usually these donations are made through the I Love Fountain Hills Organization, also known as FHCCA. It is not the public art committee's job to be fundraisers, but to really shepherd the donations for art. So we went looking for a lasting solution, and in 2022, the public art committee proposed a program that is basically a temporary public art installation or known more formally in the art world as installation art, which is defined as an artistic genre of three dimensional works that are often site-specific and designed to transform the perception of a space. And that's how our Pump House project wall proposal came into being in the first place. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 46 of 74 Temporary installations are a great way to present art to the public that is always fresh. The committee believes that we've come up with a concept that allows the public to not only enjoy fresh new art on the Pump House wall, but also to participate in the incremental funding of the program and also to own reprints of the art. We propose a program that would each be one year in length. The program works like this. A national call to artists occurs via an online portal. This call to artists asks them to provide concepts that suit the theme of the current year's concept. Last year, that theme was Legends and Lore of the Valley of the Sun. So when you walk by the Pump House wall, you see images that different artists felt appropriate and that we voted on and chose. The winners receive a stipend of $300. The art is then transferred onto seven four by eight panels. We were searching for a brilliant presentation of the art and in 2023 we decided on a process which I can best describe as laser art on an aluminum medium. One of the challenges of that process is its cost. Some of the other challenges we learned in our first year include the framework that hangs the art without harming the Pump House wall. While we have found a solution for that, the brackets themselves do not work with the aluminum process without damaging the metal. This forces us to have to replace the four by eight panels of aluminum each year. Again, running up the cost of the program. One of the other challenges of the installation is finding donors each year willing to donate the needed $10,000 it takes to create the program as it was originally conceived. So our public art chair, Jenny Willigrod, continued to research different materials and methods of presenting the art and came up with what the public art committee agrees is the best solution for the installation in 2024. Which, by the way, we have a theme known as Expressions, with the artist's interpretation on a facial expression that portrays an emotion. The origin of the face can be human, animal, or plant. Any artist or photographers are encouraged to apply. So that'll be a fun project. The new process is one we are all probably much more familiar with. That is applied vinyl that is used to wrap vehicles in other mediums. So we've got a sample here for you. This is my Vanna White this evening, Jenny. Everybody has a Vanna. So here's a TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 47 of 74 sample of the two art mediums, both the laser from last year and the vinyl wrap from this year. We're going to pass it around to you if that's okay? And we'll ask you to see if you can tell the difference, because I'm going to tell you that you probably can't. So the benefits are, the new material is less expensive than metal. It is called DIBOND. DIBOND is the industry's leading aluminum composite material, or ACM. It's comprised of two pre-painted sheets of 12/100ths of an inch of aluminum with a solid polyethylene core. So two thin sheets of aluminum with a core in between. The DIBOND boards can be used over and over, whereas the metal cannot. The manufacturer has indicated that the vinyl wrap product can withstand the Arizona climate for up to four years, therefore more than adequate for our one-year program. The appearance is the same. The committee also recommends that a framing system be utilized for the boards to be easily slipped into and out of, instead of the current situation which permanently adheres to the boards, thereby rendering them useless after a year. So I believe you have a spreadsheet or a little bit of a matrix that goes into our current project, our vinyl year 1 and our vinyl year 2. But I'm just going to summarize it. You'll see in the cost comparisons presented to you the differences. The 2023 program costs $10,608. The 2024 program would be 8,255, and the 2025 program would be 5,755. Each year coming down a little bit because we would be able to reuse the DIBOND. You'll also see that we are anticipating income from two sources. $7,000 each year; that represents seven donors of $1,000. We were able to do that this year. We hope we are this year. Potential sales of the product, which will occur by selling reprints of the pieces as they are ordered, via our FHCCA or I love Fountain Hills give smart online auction program. And that's part of the proposal as well. So that's about what we have for you tonight. I'm sure you might have questions. MAYOR DICKEY: Thank you. Questions from council? Councilwoman? MCMAHON: Hi, Dori. Thank you. Art is unique, and I know that you just mentioned what expressions will be for people, animals, plants. Are there parameters for that? Because sometimes expressions might offend people, may not, et cetera. So I'm curious TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 48 of 74 if you've gotten that far about any type of parameters, et cetera, given where these are going to be in our town? WITTRIG: Well, as you say, art is art. MCMAHON: Right. WITTRIG: And this online portal -- what's it called again? WILLIGROD: Café. WITTRIG: Cafe will deliver to us many, many tens, maybe even hundreds of different proposals. And then our public art group, the combined committee, will go through and they'll choose the ones that they think are most appropriate. So we're not trying to give anybody limitations. We want to see what they come up with. MCMAHON: Right. I understand that. But I just wanted to know if you guys had anticipated anything like that, you know? So also maintenance. How are these going to be maintained? If one doesn't work out, will it be replaced? Will there be people waiting, so to speak? And just, basically, who's going to maintain them? If one doesn't last or one wants to be removed, will you have one in line, so there won't be a blank space? WITTRIG: Well, we anticipate, really, the only possible problem with this -- because, again, keep in mind, this is the vinyl that wraps vehicles that run all over town, get rock chips, everything else. And we anticipate that it's going to hold up pretty well. There is the possibility that there could be vandalism. If there is, the town sometimes knows how to deal with that. And at the worst case, we have to reprint the vinyl. Not a big deal. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Thank you very much for your presentation. I'm a little concerned about the vinyl wrap, too, and the environment of the fountain and of where these are going to be located. That's not my primary concern, but that's one of my concerns. I originally questioned why this even is before council because this doesn't meet the $50,000 threshold. WITTRIG: Right. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 49 of 74 KALIVIANAKIS: And so why are we hearing this tonight? I did make inquiries of staff, and from what I understood, that this is going to be a for-profit project and that's going to be a fundraiser that won't be a break even or financially neutral. But this is going to be a fundraiser for funds to be used for other things -- WITTRIG: It goes back into public art. KALIVIANAKIS: -- other than art. Could you -- WITTRIG: It goes back into the public art fund. KALIVIANAKIS: Right. And will that be used to fund more public art, or what will the uses be for that? WILLIGROD: I think last year, initially, the program -- if there was going to be any profits, we had discussed putting it into the art programs at the schools. But really, we're just trying to get it to a breakeven project so we don't lose money and we don't really make money. It's not really a money maker intended project. WITTRIG: And nobody gets paid on this project. It's just a labor of love for the public. And there are two public art funds. One is the FHCCA public art fund and the other is the town's. And wherever that goes, it gets used for something else in the future, whether that's maintenance or another piece of art, if there's enough money to do that. KALIVIANAKIS: Yeah. I'm not so worried about the fund that's going back to the town. But the I Love Fountain Hills Fund, is there a chance that this is going to go to pay for legal fees for a legal battle that you guys are currently engaging in with -- WITTRIG: The FHCCA -- KALIVIANAKIS: -- the donor to your project? WITTRIG: I'm not going to get into a lot of that because I'm not sure how much of that really needs to be public at this point. But the FHCCA has funded a legal effort regarding a large bequest that was made to the FHCCA's public art fund. It's interesting because that bequest, we weren't aware of it at all until it occurred. And it was very specific that it was for public art. KALIVIANAKIS: I guess what I'm concerned about is we're using taxpayer funds with a taxpayer project, to raise funds for something other than we're going to reimburse TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 50 of 74 taxpayers. That concerns me. What I'd like to see is for this, possibly, to go back to our staff. To not make a decision tonight. So we can flesh these issues out to make sure that we're protecting the taxpayers. WITTRIG: What would you like to see happen? KALIVIANAKIS: For this to go back. For the arts committee to go back to our staff and kind of flesh these issues out. WITTRIG: Well, let's talk about options, because if one of the options is to go back into the the town's, we don't care. It goes for public art as far as we're concerned. MAYOR DICKEY: Can I -- WITTRIG: To go back into the town's public art fund, do that, and then you guys can decide how to spend it. MAYOR DICKEY: Dori, let me just -- I want to ask Rachael to clarify the staff recommendation. And I also want to clarify the idea of the 50 -- we're not spending money here, are we? I mean, when you were saying it was under the $50,000, but that that's a whole 'nother thing that we do, that you have authority to spend $50,000. But this isn't about that. And could you just explain your recommendations? I have vinyl wrap on my car; it's been fine for six years. But I'm not concerned about that really myself. But I see that that's one of the concerns of staff. So maybe you could just explain those things? GOODWIN: Sure. Absolutely. And -- MAYOR DICKEY: I'm sorry, Councilwoman. Is it okay? GOODWIN: Dori did a good job explaining that there is two funds and it does get confusing, right? There's the town bucket. There's the town fund that is contributed to by our developers, if and when there's development that happens. So it's sort of in small starts. And sometimes the developers choose to put in art as opposed to contributing to that fund. So it's not generally growing. It doesn't fluctuate very often. And that fund is generally what we use for upkeep, maintenance, cleaning, repairs -- MAYOR DICKEY: Insurance? GOODWIN: -- insurance. Yes, that's a big one. If something were to be vandalized or TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 51 of 74 stolen or broken or whatnot. So that's kind of what that pot has been used for. And we made a commitment with our last council to try to maintain a balance in there, so that it wasn't subsidized by the general fund. And that's kind of what we shoot to do. The fund that is through FHCCA tends to be more of the philanthropic arm. That is where the donations come in. That's where folks who want to donate a piece of art or sometimes -- we now have the ability to accept a piece of art and able to resell it to create a revenue and to benefit the value of our public art long-term. The recommendation here tonight is a couple of things. And I know, Kevin, you can feel free to jump in if you'd like to, because I know you've been meeting with the group. This is a different process. We're not familiar with the vinyl. I know we do have a lot of corrosive water down there. We just don't know how it's going to act up. I think the only way we know is if we give it a try, and that is the recommendation; that we are a little concerned, but on a trial basis, let's give it a shot. Everybody wants to see it look good. I do agree that a changeable annual renewal of art is a good thing. It creates continued interest. If we find that the art is not holding up, we're having issues, it's being damaged, it's not maintaining, okay. We'll have to come back to the drawing board. If it is, if it goes really well, then great, we have a new medium in which to try. In terms of the funding side of this, the question we have come back to it's not specifically about art. It's about the policy of when a revenue is generated, when, if that revenue goes outside of the town but it's happening on use of a town facility, that creates a inconsistency there. So it might be -- and in this case, there isn't a huge revenue expected, if anything. But if we get down to a point where there is a revenue generated, it goes back into -- I'm going to call it their bucket versus the town bucket. If it makes more sense for that to come back into the town bucket, it sounds like there's some amenability to that as well. But again, it's the idea of that bigger policy discussion of when revenue is generated on a town space through tax on a town-owned facility, where does that go and how do we manage that? Does that answer that question? TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 52 of 74 MAYOR DICKEY: Yeah. Because I think that has wider ramifications to it. So I think we would want to guard against that just in general, having town property be revenue generators even though the two plots do the same thing pretty much. So that would probably raise a comfort level if it was going back to -- because the public art, the insurance, the cleaning, all of that it just all kind of does the same thing. So I think we'd be more comfortable with that. Kevin did you have anything to add? SNIPES: Just a couple of things. The reason that it's here tonight is we did a year 1 pilot program. The year 1 pilot program is now being modified. So I didn't want to have it be where what was approved by council was changed and then put up into the public without your understanding that the project is different than what it was originally. So that's the main reason why we're here tonight. Any time we make changes to something that was approved by council, I think you should have the right to bid in again on whether or not you want to do the change to the original. So that's the main reason why we're doing it. And the 50,000 isn't town -- there's no town funds. KALIVIANAKIS: Right. SNIPES: This is public art run. And so that's why that didn't have anything to do with it. KALIVIANAKIS: Right. MAYOR DICKEY: Can I ask Hannah, if she -- because she was waiting from before? KALIVIANAKIS: Sure. MAYOR DICKEY: Did you have a comment? TOTH: Oh, I'm okay. I'll just do mine at the end. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Again, just to repeat my concern. It's being sponsored by the town. It's being run by the town. It's going to be a moneymaking endeavor. The money can be spent. And the things that we either want them to be spent on or we're not sure what they're going to be spent on. I'm just afraid that everybody talks about precedent, precedent, precedent. Well, is it setting a precedent for the dog people? Is this setting a precedent for other people that are using our town TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 53 of 74 resources to have a revenue-generating project based on what they envision? As, well, you know, we would like to have this dog situation. We'd like to sell diamond encrusted dog bones, and then we could provide more services outside of the town for the pet community. And it's just -- I'm just afraid of a slippery slope here. And I guess that's what my main concern is, are we opening the door for the town to be funding private projects that the monies can be spent elsewhere? And that's why when I said that -- I don't want to kill this tonight, but I just want that to be fleshed out more so we know exactly what we're getting into and what we're binding future councils to. And so that's, that's my concern. SNIPES: Mayor, councilmember. So there's a couple of different things that we could do. We could, instead of having it be an auction where it could be any number that comes in, we could set a price that makes it go even. The other option that could happen is, as Dori was saying earlier, it could be put back into the town's coffers. And I think they would be okay with that. It can go into the public art fund. That's the town side as well. Right? WITTRIG: Yeah. I mean, first of all, we're not talking about a lot. But I understand about the precedent that you're talking about. But understand that this -- we have a very public wall that looks like crap a lot of times. More often than not, it's either in process or it's perfect or it's deteriorated because the wall is what the wall is. And we came up with a great solution here. But the first end of the solution was very expensive and it was very difficult to fund the first year. We don't know that we can do it again. So you talk about a town project. Well, this is a volunteer project and we really don't care where the money goes. But understand, we're not doing this to make money. We're doing this for public art. KALIVIANAKIS: No. I understand that. And that's why even with my concern with the wrap. Try it for a year, let's see if it holds up. So I'm definitely for the trial for the wrap to see how that holds up. But if we could do this in a revenue neutral fashion or if it is profitable, to just make sure that those funds went back to the art fund and the town. I would have no problem with this whatsoever. It's just being a revenue generator, and TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 54 of 74 then that revenue going to a bucket that we don't control and that could be controlled by outside sources for whatever they think would be a good expenditure of that those funds. WITTRIG: Well, keep in mind also -- I'm not sure you ever factored this in. But after five years, we have to have a new DIBOND? WILLIGROD: Oh, probably so. Yeah. WITTRIG: Yeah. So at some point in the future, we're going to have to replace the DIBOND and it will be an expensive year again. So hopefully, that we get credit for that money and we don't have to go raise that. MAYOR DICKEY: That's what I was just going to say. Why can't we just say whatever you make you just keep for the next year? If we're going to do -- if you're going to change it every year, there's always going to be some kind of expense. Or maybe you didn't get the seven grand one year or something like that. So it always goes towards this project. And I don't really -- I mean, I think it's cleaner if it's in the town bucket, but either way it just keeps going for this. I don't really have a problem with that at all. We're not looking at it as using town property as a fundraiser. You're looking at it as, if you happen to go over, you can keep it for the year after. I'm actually fine with that. But I mean, I think everybody would be happier if we put it in the town bucket. WITTRIG: Yeah. I think it's better in your bucket than ours. MAYOR DICKEY: Yeah. Okay. Sounds good. Any other comments or did we have any cards on this? I'm sorry. MENDENHALL: We had one written comment from Dianne Price that she's in favor of this project. MAYOR DICKEY: Great. Hannah? TOTH: Thank you, Madam Mayor. I want to thank you both for the work you've put into this. I can tell that you were looking at different options, and you came up with something that I think is a really good idea for it to be rotating like this. I do hear the concerns regarding the precedent that we're setting. And because the town does have a lot of partner organizations, I can see the question of when we're using public TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 55 of 74 property, how we might be able to just ensure accountability for future? Do we have, just really quickly -- sorry. I thought this would be so much faster. Really quickly. Do we have an ability or would you be amenable to, if you do keep the money that if you do go a little bit over, would you be amenable to just keeping a record of how that money gets spent? Of, hey, we made 200 more than we thought we would, we kept it. We used it to fix one of them that got scratched. WITTRIG: It sounds to me like the best solution here is for you to make a motion and that any excess funds go into the town's coffers. TOTH: Okay. Thank you. WITTRIG: And you guys keep track of it. I think that's what you'd be most comfortable with, and we don't care. KALIVIANAKIS: Okay. Sounds good. Just want to make sure we're keeping everybody happy. In that case, I move to approve the -- I'm sorry. I lost the language. The public art committee Pump House project pilot program update with the change of ensuring that it's aiming for balanced budget. And if it does go over, that would go into the town fund. MAYOR DICKEY: I think Rachael has something to say, but if she could take a second? All right, Rachael? GOODWIN: That's okay. I just was going to clarify, and I think Dori kind of nailed it. It's the idea that it's anything in excess. So whatever their expenses are, the intent is to recover that. So it's just anything over and above. Okay, great. SKILLICORN: Second. MAYOR DICKEY: Thank you. Any further discussion? Can we get a roll call, please? MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 56 of 74 MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you so much. Look forward to seeing all those expressions. WITTRIG: Happy holidays. MAYOR DICKEY: Thank you. Happy holidays, Merry Christmas. All right. Our next item is Kevin, I think. Are you going to do our community services strategic plan? Everybody doing okay? Okay. SNIPES: All righty. Tonight, we're looking at our community services department second strategic plan that we've done. Our first was from '20 to '23. This one will -- since we're still in '23, we're going to stretch it a little bit from '23 to '27. And this is something that I think is really good for our staff as a whole. This is intended to guide our staff, each of our divisions and community services, including our parks, community services, community center volunteers, and senior services. The plan's developed by staff to guide our decisions and our priorities for the department over the next three years. We don't take this lightly. It takes us a long time to get through all of it because we all have different ideas and different approaches. It's neat to see the volunteers in the senior services, in the community center, and the parks people all throwing in their ideas and seeing how many of them overlap. You'll notice, as you've looked at the strategic plan, that it is a 5,000-foot view. Our master plan is kind of the 10,000-foot view. This is kind of the 5,000. So it's kind of squeezing it in a little bit. This is a three-year part where the master plan is more of a ten. So we set lofty goals. If you look through it, you'll see that we don't think small; we never have and we're not starting that now. So if it looks lofty, that's our intention. We TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 57 of 74 don't want to get to where that we're sitting back and watching what we did. We're the doer group and that's what we're going to keep doing. So with that, the objectives of the plan is to show public transparency and deliverables to our community, assist the public in understanding the purpose and objectives of the entire department. We are the biggest department still until Dave Ott takes over that. So it's important to us to set some examples and show people what all we do, because it's a long list of things that we're involved in. The development of the plan. It was developed by all the community services staff, from -- everybody got a chance to participate in coming up with ideas. And it started out with the managers and our upper management group and then they took it out to each one of their divisions and was able to share it with them. And a whole bunch of new ideas came rolling in, of course, because everybody looks at what their section of the department's different. So then they brought it back and then we went back through it again and kind of tried to figure out what things were fit under which areas of our visions and came up with a final project. It has been approved by both our MMPC group commission and our CSAC commission, unanimously. And some of the things that we didn't make changes to were our mission statement: "To enrich and provide an active quality of life for all residents and visitors through proactive community engagement, resolute stewardship of amenities and open spaces, and enhancement of the overall health and well-being of our town". Don't think that's going to change for us much. When we got into our visions and our themes, those two have stayed the same. It's the steps underneath that where we felt we had room for improvement. Different ways to do things, and/or we had completed the things that were in our last strategic plan. So here you can see our visions. Number one, "Provide recreation that inspires personal growth, healthy lifestyles, and a sense of community". Number two, "Expand and strengthen outdoor experiences and opportunities to contribute to the region's attractiveness as a place to live, work, and play". Number three, "Optimize safe utilization of facilities, amenities, and open space". Number four, "Actively seek TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 58 of 74 progressive, future-oriented options for funding, operations, and programs. And number five, "Embrace a collaborative spirit and support teamwork within the department and the community". These are our overall -- we call it the -- it's the big umbrella of all the things that we do. And then each year we come back and look at the strategic plan and put in the things that we've done that year that fit these visions and themes. It's been received really well by staff. It does give us motivation and that's the whole idea of doing it. With that, I'll take any questions that you have. MAYOR DICKEY: Thank you. Do we have any speaker cards on this item? MENDENHALL: Yes, Mayor. In your packet you have two written comments. Both are for the item from Dianne Price and Rory Wilson. And then we had an in-person written comment that's for it as well. MAYOR DICKEY: Thank you very much. Questions? Discussion? Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Ms. Mayor. I'd like to commend you and your staff on this really aggressive plan that you put together. My first question was, are we going to require more staffing on this? And they're like, no, no, no, no, we've got the staff. But you guys really have taken on a lot. You've bit a lot off. I can see it's all just for the good of the community. More interaction, more safety checks, more committees to think about these things. And so it's really inspirational. Where most people would try to cut their work and cut their workload, you guys are not. No, bring it on. We want to increase our workload. We want to make this much better. So I commend you so much and I'm looking forward to all the exciting changes that are coming up. SNIPES: Thank you. I appreciate that. And our staff is -- they all work so hard and love what they do and they are the group that is constantly pushing to do things better and more and finding ways that we can afford to do more things. So I appreciate your comments. KALIVIANAKIS: Yeah, that's very apparent. Very apparent. MAYOR DICKEY: Thank you. Councilwoman? TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 59 of 74 MCMAHON: Once again, you and your staff have hit it out of the ballpark. Thank you very much for all that you do. I mean, serious. The reflection and the proudness of our community and our parks and rec is just amazing. You guys continue to earn and be awarded national awards year after year. So thank you very much. And with that, I would like to move to adopt resolution 2023-37, approving the community services department 2024 through 2027 strategic plan. Thank you. KALIVIANAKIS: I'd like to second that. MAYOR DICKEY: Thank you. I wanted to add that this -- we've had a lot of conversations about budgets and such, and equipment and improving our parks, but this is the reason we do these things. And one of our items we had for this year is to do some work at Desert Vista. And part of the idea of having strategic plans like this is that this is actually part two of something that we started last year. So we had the skate park and the bike area and now this will be the exercise, sort of the -- I forget what they call it, but you know, the Iron Man stuff or whatever. And then there's some other amenities that will be there. And so this is the second part of something. And then that's what we appreciate is having a plan. Because then you're not just throwing random things out, you're purposely doing them. And obviously, everything in your department -- and you mentioned until we get the fire department on board, it is. It's a $5 million or so department, up or down a little bit every year, and it's absolutely important to the quality of life of our community, our residents, our visitors. If we want kids to be playing, we want older people to have -- senior people to have equipment and things to do in our parks, dogs walking, Splash Park, all of that. So I never want you to feel that that is diminished in any way or looked at with derision because these are necessary to make the town the way it is, just like tourism is and everything else that we talk about here, to have a well-rounded community. So we do have a motion and a second. Yes, sir? FRIEDEL: I have a comment. MAYOR DICKEY: Okay. Gerry? FRIEDEL: Thank you. Thanks for the report. It is critical to give options to everybody in TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 60 of 74 town. And that's what you guys do. And I'm glad to see that you're looking to grow the volunteer programs, too. I think that's a big, big essential part of your your department and your area. And we do have a lot of volunteers in town, so it's good to see that you're going to try and grow that as well. So thank you. MAYOR DICKEY: Great. With that, can we get a roll call, please? MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thanks again. SNIPES: Thank you. MAYOR DICKEY: Appreciate it. Next, we're going to talk about some capital improvement items, again, for parks and other things that we need it for. So go straight to Justin. CLERK’S NOTE: Vice Mayor Sharron Grzybowski left the dais at 7:58 p.m. and returned at 8:00 p.m. WELDY: Madam Mayor, councilmembers. Thank you for the opportunity and thanks for staying late for me. A little disclaimer. The next three items on the agenda that I'm going to be discussing, I rarely single myself out and use the word "I" unless it's for criticism, if there's some controversy, or there is some deficiency that needs to take TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 61 of 74 correction. With that in mind, I'm going to get started here. The Golden Eagle Park is actually an impoundment area. What that means is there is a dam on the downhill side of it. That dam's intent and the construction of it is to eliminate or minimize downstream flooding that could result in loss of life or property. It was originally constructed just a little bit lower than it is right now. In early mid-90s it was raised. As part of that project there were some changes made to the inlet structure of the dam. That inlet structure became clogged with organic matter. That's debris that floats down from three main streams in that area. I'm going to show you some of the results of the back watering, is what is technically referred to in this slideshow here. The two storms that happened happened on October 2nd, 2018. And then we had a subsequent forum in September of 2019. As I described it earlier, the inlet and outlet gates clogged. As a result of that there was back watering, including but not limited to about 30 inches of water in the facility there. Which is actually where they keep all of their equipment and chemicals and other items necessary to maintain that area. Also Cloudburst Wash -- and for a reference that is the one on the southern end, just runs by the basketball area, and then there's a little picnic pavilion. The water coming down that wash overtopped that pedestrian bridge and flooded into that pavilion area. After the first event and obviously, after the second, town staff went in under the direction of the mayor and council with a relatively large amount of money and removed all of the sediment off of the face of the dam and cleaned a lot of organic material out and dirt from the three primary washes that service that area. As part of that, we also installed some reinforcing rip-rap along Bristol Wash. Bristol Wash is the one in the center. This is what it looks like after a very heavy rainfall when the water is simply not able to get through the dam in a timely manner. For some clarification, when I referenced "backwater", backwatering by itself is not an issue in an impoundment area where you've made improvements, if it's cleared. A good example would be some of the larger areas in Scottsdale where they've made improvements in their washes, you'll often see TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 62 of 74 them standing feet deep in clear water. When the water drains, it just requires a little bit of cleaning. Nothing major. Backwatering in this case had organic matter in it. Not only did we have backwatering, but we also had outbreak. One of the washes, Bristol Wash in the middle, broke and that water flowed into the park and deposited materials in there. This is an aerial view after the first event. Those of you that are familiar with this can pick out the ball fields that you know by number. For the record, I do not know a single number of any one of them or most of the parts. Kevin has to correct me oftentimes when I describe it. This is a photo I took standing at Bristol Wash on the sidewalk looking east. That is the middle of the ballpark where this water is heading during this event. This right here is the video I took from the top of the dam. I refer to it as the calm after the storm. I know. That's why I put it on here. That's the end of that little show right there. I think it's important, not only for this community, but the downstream residents including, but not limited to those adjacent to the Ashbrook Wash which is where all of this funnels but also our neighbors just across the fence, that we share relationships with and professional opinions and even meet as a joint session with them, that this dam and the maintenance of it and the necessary work that we have been doing and the upcoming work that will be necessary to increase the storage capacity in the three washes and also on the face or in the main impoundment area of the dam is critical. I'm very passionate about this project and have been since the very beginning when we began to help out with some of these issues prior to this flooding. With that I'm simply asking permission for this project to be continued as part of the adopted budget for this fiscal year. And we'll be glad to answer any questions that I'm able to. MAYOR DICKEY: Do we have any speaker cards for this item? MENDENHALL: Yes, Mayor, we do. We have one. Kim Wolborsky. K. WOLBORSKY: I'm Kim Wolborsky. I'm a resident of Fountain Hills and I am not TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 63 of 74 downstream of the park. I'm upstream of the park. And Justin, you're going to like this. I just want to add to what Justin said. My husband and I moved here on November 20th, 2019. So fortunately we were way too busy to go to the park for a long time moving in. But we do use it now. And I just wanted to remind everyone of how much money we just spent on lighting in that park. And you can see how that's all underwater there. And we noticed the old lighting, how much rust there was around the bottom of the lights. And also, we talk once in a while to Michael, who manages that park in person, and he mentioned about the -- just the work that was required to redo those fields after it. And you know, I'm all for saving money. For me, in this case, it seems like this is money well spent to avoid spending bad money. Thanks. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. This is a great investment, and feel free to comment, but I'll make a motion to approve. TOTH: Second. MAYOR DICKEY: Any other discussion? All right. KALIVIANAKIS: I do. MAYOR DICKEY: Oh, I'm sorry. KALIVIANAKIS: Thank you, Ms. Mayor. I wish that when we were putting this regular agenda together, that this would have been item F, and that item F would have been item D or possibly E would have been D. It seems like we're approving paying for it, and then later we're going to talk about designing it. Does anybody else get that impression or am I just off the mark? MAYOR DICKEY: Rachael? GOODWIN: No, you're absolutely right. There was a -- these two do go together. D and F are partner items. And I think -- and Justin I talked about this today because I had kind of thought the order was a little wonky as well. And the idea here is that if D is not approved, then F becomes null and void. So they do go together in that element. So the idea is, if this project is approved to move forward, then we would need to now talk TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 64 of 74 about how does that move forward and that would be item F. Justin, did I get that right? WELDY: That is correct. KALIVIANAKIS: And I understand that. Like you said, this does go back to 2018. There was another council, the same mayor in this, I believe. No? 2018? MAYOR DICKEY: I got elected in 2018, but I didn't start till 2019. KALIVIANAKIS: Oh, okay. Well then two mayors and several councils, I guess. This has been amended. I think this is the fourth amendment on the design that we're talking about here, if you skip ahead to F. And I guess, I know there's been some problems with the sanitary district, Maricopa Flood and various other agencies that are constantly demanding design changes. And I guess, I'm skipping ahead a little bit, but can we be assured tonight that if we approve this final design change, that this is going to be the last and final amendment? WELDY: Madam Mayor, councilmember. I would like to stand here and tell you that we've clumb (sic) over all the hurdles that could possibly be thrown at us. And when I say "we", I mean I. I, absolutely, standing here cannot guarantee that. But I will do my best to represent this town and get those last few hurdles addressed. And we'll discuss this in more detail in a couple of more agenda items. There is a state, county, and a local agency that we partner and work with that have valid concerns. We believe we have addressed all of them. But we won't know until we get that 100 percent, which we're approximately 5 percent away from. Once it's 100, it goes back. If all of our comments and all of their concerns have been addressed, we start the process of notice of bid, to set the project out for bid to actually start construction. But for me to give you an absolute, I cannot do that. It wouldn't be fair. KALIVIANAKIS: Yeah. I understand. And I also understand that it's a fluid situation, so to speak, because of all the other agencies that are involved. Literally, a fluid situation. Thanks, Gerry. I appreciate that. But one of the things that the citizens come to me about, one of the things I think they do all of us, is why do you guys spend so much money on designs, designs, designs, and when are you going to put a shovel in the TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 65 of 74 ground? And so I think this is over $400,000 worth of designs on this project, if you go back to the four revisions. And I guess, just publicly, I just want to just say that I hope we're nearing the end of this. It was kind of a 100-year flood that now it's five years later, we're still talking about and we're still trying to do mitigation for. And I know you'll do your best to try to wrap this thing up, but I just wanted to be on the record just to say that I just hope this is the last council that will be addressing these amendments and we can just move forward, get this done, and move on. FRIEDEL: Thank you, Mayor. Justin, I appreciate your honesty when you were asked that question, and I know that you're going to do the best for this town. There's a lot of players that are feeding into this. So I think a lot of us get that. So stay with it. Thank you. MAYOR DICKEY: Rachael? GOODWIN: Mayor, just a point of order. Because the conversation about D and F are related, if you're comfortable, we can move F up on the agenda to address both items consecutively, if you'd like? MAYOR DICKEY: Sure. We have a motion on this. Did we get a second? I think we did. FRIEDEL: Yeah. MAYOR DICKEY: So can we take a roll call on it first and then we'll go right to F. Thanks. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Vice Mayor Grzybowski? TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 66 of 74 GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Great. So we'll just go to the amendment then, please. GOODWIN: So Justin, we're going to talk about the item F, the JE Fuller one now, since it's related to that item. CLERK’S NOTE: Councilmember Hannah Toth left the dais at 8:10 p.m. and returned at 8:12 p.m. WELDY: Thank you. Madam Mayor, councilmembers. It's going to get a little bit difficult in here because some of the things that we're going to discuss, he's sitting close here by because he is partnered with me on this and he and I have butted heads on this. And for the record, I had several uncomfortable conversations with the former community services director and the former park superintendent related to this project. In this particular instance, and a little bit of background. This, I believed when we did a direct-select of JE Fuller with the then town engineer's approval and the town manager's approval, this was a no brainer to me. Just a few thousand dollars. I think it was $35,000 after they did their floodplain study of the area up above and came with their recommendations. I went to the community services director at that time and insisted that we would under construction in phase 1 in six or seven months. During that design process we began to encounter challenges that are all but insurmountable in that time frame. I'm just going to go over a few of them briefly. When the park was originally platted and designed, for reasons that will remain a mystery the rest of my professional life, the primary irrigation and electrical was put in the drainage channels. And not just placed there, but subsequent thousands of tons of sediment piled on top of them where the gentleman behind me could not gain access to valves and stuff like that. Also, as part of this, there was -- I met a considerable amount of resistance from Rachael and Kevin regarding the multiuse path that goes around the pack, around the back of the ballpark. I insisted that that thing be removed which would give us the necessary capacity for storage and eliminate some of the challenges that we faced. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 67 of 74 Their argument was compelling and strong enough that I agreed that the multiuse path would remain, be widened, be used for maintenance, and realigned so it could be utilized. And for those of you that are not familiar, if you go to that park on any given morning, midday, or afternoon when the weather is nice, there is a lot of people walking there. We all obviously see Fountain Park. Take a look at Golden Eagle Park on the nice days. So I argued unsuccessfully for that to be removed. I also argued that the scoreboards weren't as important as others thought. With all of that, each time we encountered all of these unknown issues, we had to go back to the drawing board with JE Fuller and we got it up to about 65 percent design. That is when you would typically submit it to the partnering agencies. That usually takes anywhere from three to five months. In some cases it takes eighteen months. When we got the plans back, they had legitimate concerns and comments regarding the drainage courses, the face of the dam, the throughput of the dam. One of those agencies has named me directly in regards to removing the access barrier on the dam and has demanded since the day it was removed, it be put back. However, I strongly believe that is the reason we have not had the same flooding impact that we had had in the past. I also argued that the reasoning for the access barrier -- because there was an adjacent school was void, due to the fact that there wasn't one on the back of the dam where the school actually lies. With that said, we are eventually going to have to address that, but it's not going to be that type of an access barrier. It's more than likely going to be in a delta configuration, what I refer to often as "used but not used up" power poles in a V-shape to keep large trees and stuff out of the pipe. With that said, the sanitary district also had a legitimate concern. You may not be aware, but one of their main facilities runs across the ball field and then comes out of the ground and runs through one of those culverts that goes through that dam. So much so that they are funding, on their own, a design to protect their facilities as a direct result of our improvements. Lastly, the Arizona Department of Water Resources and Maricopa County Flood Control, TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 68 of 74 their concerns about the impoundment, the tow in the face of the dam, were such that we had to eliminate that project from phase 1. So we're going to be working just to the west of the dam and all of the other areas of this impoundment. But the dam is going to be a second phase. That is likely after we get those couple of pages to a 100 percent, 18 to 24 months for a review. So we broke them apart. So rest assured, we will be back in the future to show you that. This amendment includes money for that phase as well. And we already know the majority of their concerns and they will be addressed. Lastly, and I think this is important. When we initially started this project -- and I went over that, we had no idea that it would ever rise to this level in regards to the funding. There have certainly been questions asked internally, at my pay grade and above my pay grade, about what types of decisions were made that brought us to this nearly half million dollar contract. And I've said it the same all the time. It's a result of all of the changes that I demanded and gave back to JE Fuller. They never once changed their scope. All of the scope changes were a result of the comments that I sent back to them. With that said. I'm sure there are questions and I will do my best to answer them. MAYOR DICKEY: Do we have any speaker cards on this? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Questions or comments? Not seeing any -- KALIVIANAKIS: Just a quick -- MAYOR DICKEY: Councilwoman? KALIVIANAKIS: -- question. Thank you, Ms. Mayor. Could you explain the pedestrian bridge and why that's necessary over the proposed sidewalk that we currently have on the planning? WELDY: Madam Mayor, councilmember. This park is very active in regards to the community. There are walkers, cyclists, those types of things. As a state or as a local government, when we build an amenity, we have to make it accessible. One of the ballfields is separated from the other two. Currently, the only way to gain access through that is a flooded area that is oftentimes covered with debris. For those that are physically challenged, there's absolutely no way. Let's say they have a grandchild TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 69 of 74 playing on the north field -- it has a number; I don't know it. And a second one playing on the other side, they have to go all the way up to Golden Eagle Boulevard to go all the way around on the sidewalk or they have to get in their car and drive around because there's not a safe passage. This will make the entire park accessible even during inclement weather or when there is storm debris in and around the area. MAYOR DICKEY: Any other questions or comments? Gerry? FRIEDEL: Is it safe to say that if we need services like this in the future, you'll be looking elsewhere? WELDY: Madam Mayor, councilmember. It's safe to say that despite legal advice that I shouldn't cut ties with this group some time ago, I agreed because it's not a good thing to change mid-game, for lack of a better description. In hindsight, if we have anything in this scope, we will simply do a request for qualifications or proposals. And the process of elimination will fall in place there. MAYOR DICKEY: To be fair, it's not exactly a routine project. And so it's kind of like the the lake liner. How many bids are we going to get for that? Yes. Councilwoman? Councilwoman McMahon. MCMAHON: I was going to make a motion. MAYOR DICKEY: Yeah. MCMAHON: Move to approve amendment number 4 to the professional services agreement, 2019-079 with JE Fuller and Hydrology and Geomorphology Incorporated in the amount of 111,862. KALIVIANAKIS: Can I just have a little more discussion before we proceed? MAYOR DICKEY: Yes. KALIVIANAKIS: Would that be possible? MAYOR DICKEY: Do we have a second on the motion? FRIEDEL: Second. TOTH: Second. MAYOR DICKEY: Thank you. Okay. Discussion. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Just one other thing I just wanted to bring TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 70 of 74 out. If you look at the professional services agreement between the town and JE Fuller and under item 2, it calls for compensation. "The town shall pay consultant an aggregated amount not to exceed $437,294.90. Even though on the agenda it says 115,000. Could you explain those two numbers? WELDY: Madam Mayor, councilmember. The amendment is in the amount of 111,000. The total amount includes all the amendments since the beginning. And what I don't -- I'm not seeing what you see right now. I have looked at that professional agreement and that would be the accumulative amount, including this. MAYOR DICKEY: Yeah. Okay. KALIVIANAKIS: Okay. Yeah. Because it is in our packet. GOODWIN: I think I can chime in on that. MAYOR DICKEY: Yeah. Go ahead. GOODWIN: And I think it's just a matter of what you're seeing is, you're right, the aggregate amount, which is what we have spent up to date, which is 325,432.90, plus this amendment tonight. If you put those two together, the total is the 437,294. So the contract is what we've spent up to date and this amendment, should it pass. KALIVIANAKIS: Okay. So what was 111 or whatever? GOODWIN: Yeah. It's 100 tonight -- KALIVIANAKIS: That's what we're authorizing tonight? GOODWIN: Correct. Yep. 111,862. KALIVIANAKIS: Okay. Thank you. MAYOR DICKEY: Okay. We have a motion and a second. Can we get a roll call, please? MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 71 of 74 KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Our now last action item is E, and that's about the stormwater rehabilitation. WELDY: Madam Mayor, councilmembers. Thank you again for the opportunity. This is a multiyear project in which it was previously approved for several years and we're utilizing this money to address the outdated or antiquated or damaged storm drains. The project that we're tying it to now is an extension of two projects that were completed last year. One of them was on Deuce Court where we made improvements to that area, and the other one was on Grande Rosita. While we were working on the Deuce Court, which is in the Courtside Villas, the contractor that dug up that area to put in the new pipe and the new infrastructure, when he got to the existing pipe that comes out of Love Court, he discovered that a small portion of it was in poor shape. We brought out camera crews that run equipment in there and discovered, in fact, that the pipe was facing catastrophic failure. So we immediately spoke to the town manager in regards to that. We took some preliminary steps to make sure that it wouldn't fail for right now. What we're asking for in this approval, to get this capital project approved is to let us -- allow or to get started on the design and then apply for grants whenever that grant window opens earlier next calendar year. Again, we had utilized grants for the other two projects. They paid 75 percent. The town paid 25 percent. We're relatively certain, based on this and their criteria, that we will once again be able to apply for a grant. So there will be, most likely, an offset to this project; 75 percent of it, through the flood control district once again. But we need to get started now so we're ahead of the game in regards to design. They really like to see design projects brought in front of them so they have a full TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 72 of 74 picture of what they're funding. With that said -- MCMAHON: Thank you, Justin. I appreciate it. You answered one of my questions about the offset up to 75 percent. So if you don't get the offset, then it's 150,000, or can you explain how that will work? WELDY: Madam Mayor, councilmember. We don't have a construction estimate at this time, but I do not believe it will take all of this budget. I believe it will be substantially lower than that. It's less complicated than the last one we did in regards to some of the accessibility and the catch basins that we had to do. So probably around the $100,000 mark, but I'm not certain of that. MAYOR DICKEY: Thanks very much. Did we have speaker cards on this? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. If there's nothing further, can I get a motion, please? GRZYBOWSKI: Move to approve as written. MCMAHON: Second. MAYOR DICKEY: Thank you. Roll call, please? MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thank you, Justin. TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 73 of 74 WELDY: You're welcome. MAYOR DICKEY: All right. Council discussion, direction to town manager. Anybody have anything? Future agenda items? Councilmember? SKILLICORN: Thank you, Madam Mayor. I just have one. I would request a 12-month 5G moratorium ordinance. MAYOR DICKEY: Anybody? TOTH: And I know we're not supposed to discuss it, but can I ask a question? MAYOR DICKEY: See what Aaron says after you ask it. TOTH: I'm scared now. Councilman, would it be a new ordinance or would it be changing the current resolution? Expanding the current resolution and switching that to an ordinance? ARNSON: I'll let the question slide. That's fine. SKILLICORN: Madam Mayor, councilwoman. It's a great question. The intent is actually to create an ordinance. TOTH: It would be a new one? MAYOR DICKEY: We already have that on the agenda. I mean, we're already going -- we're working on that. MCMAHON: We're working on it. MAYOR DICKEY: So I don't quite understand this. We're working on a new ordinance. KALIVIANAKIS: And we already have a resolution. MCMAHON: Yeah. I mean, it's already on. I don't -- MAYOR DICKEY: It's coming. ARNSON: Well, the question is -- MAYOR DICKEY: Yeah. We already said we're going to bring it to P&Z -- ARNSON: -- that there's support -- MAYOR DICKEY: -- in February. ARNSON: -- for it. So that's how we're -- MAYOR DICKEY: And we're going to bring it back here before the summer break. We've already had this discussion, right? Or not? TOWN OF FOUNTAIN HILLS DECEMBER 19, 2023 TOWN COUNCIL MEETING MINUTES Page 74 of 74 GOODWIN: We have. And just for -- again, just for added data, it is in the P&Z packet for January to begin the discussion. Obviously, it will not take one meeting. It is the introduction of the item, so they'll get the first intro into 5G and what it is and what not. So it will be moving along with P&Z starting in January. MAYOR DICKEY: Thank you. Anything else then? All right. Well, happy holidays. Be safe. Have a lot of joy and love with your family and friends. And we will see you in the new year. We're adjourned. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on December 19, 2023, at 8:27 p.m. TOWN OF FOUNTAIN HILLS _______________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 19th day of December 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th Day of February 2024. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Staff Contact Information: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Fountain Hills Chamber of Commerce for a wine walk on the avenue on March 01, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Tammy Bell, representing the Fountain Chamber of Commerce, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Chamber of Commerce are keenly aware that the final issuance of a liquor license, as well as approval to hold the Wine Walk on March 01, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) NA Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. MOVE to approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024  Form Review Inbox Reviewed By Date Development Services Director Linda Mendenhall 01/24/2024 03:27 PM Form Started By: Ryan Preston Started On: 01/24/2024 02:53 PM Final Approval Date: 01/25/2024  ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Fountain Hills Chamber of Commerce for a wine walk on the avenue April 05, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Tammy Bell, representing the Fountain Chamber of Commerce, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Chamber of Commerce are keenly aware that the final issuance of a liquor license, as well as approval to hold the Wine Walk on April 05, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024  Form Review Inbox Reviewed By Date Finance Director David Pock 01/29/2024 08:24 AM Town Attorney Aaron D. Arnson 01/29/2024 09:04 AM Town Manager Rachael Goodwin 01/30/2024 05:47 PM Form Started By: Ryan Preston Started On: 01/24/2024 02:56 PM Final Approval Date: 01/30/2024  ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Fountain Hills Dark Sky Festival on the Centennial Plaza on March 30, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Scott Adams, representing the Fountain Hills Cultural and Civic Association submission to the Arizona Department of Liquor. The applicant and the Fountain Hills Cultural and Civic Association are keenly aware that the final issuance of a liquor license, as well as approval to hold the Fountain Hills Dark Sky Festival on March 30, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments Application  Form Review Inbox Reviewed By Date Finance Director David Pock 01/29/2024 08:24 AM Town Attorney Aaron D. Arnson 01/29/2024 09:04 AM Town Manager Rachael Goodwin 01/30/2024 05:47 PM Form Started By: Ryan Preston Started On: 01/24/2024 03:02 PM Final Approval Date: 01/30/2024  ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-03, abandoning the 10' Public Utility and Drainage Easements along the northeast and southeast sides of 14005 N Coventry Circle (Application A24-000001) Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easements along the northeast and southeast property lines of Plat 212, Block 12, Lot 7 (14005 N Coventry Circle). Neil and Sarah Bryant, the owners of the property, are planning to construct a pool, which will encroach into the existing easement. Staff have reviewed the site to determine the potential on-site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property. All public utilities have approved the abandonment of this easement.</ Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2024-03 SUGGESTED MOTION MOVE to adopt Resolution 2024-03 Attachments Vicinity Map  Vicinity Map  Aerial Photo Map  Res 2024-03  Exhibit A: Survey  Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/22/2024 04:59 PM Town Attorney Aaron D. Arnson 01/22/2024 07:57 PM Town Manager Rachael Goodwin 01/24/2024 07:39 AM Form Started By: David Janover Started On: 01/09/2024 10:49 AM Final Approval Date: 01/24/2024  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FO U N T A I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 14005 N COVENTRY CIR A24-000001 DEVELOPMENT SERVICES All that is A r i z o n a F O U N T AIN HI L L S TOWN OF INC. 1989 ZONING: R1-8 LOT 7 LEGEND: PHOTO MAP 2023 AERIAL A24-000001 LOT 8 N C O V E N T R Y C I R ABANDON 10' P.U.E. & D.E. LOT 6 LOT 10 LOT 9 RESOLUTION 2024-03 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERN AND SOUTHEASTERN PROPERTY LINES OF PLAT 212, BLOCK 12, LOT 7 (14005 N COVENTRY CIRCLE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 141 OF MAPS, PAGE 17, AND CORRECTION TO PLAT RECORDED IN BOOK 153 OF MAPS, PAGE 35 WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easements, located at the NORTHEASTERN and SOUTHEASTERN property lines of Plat 212, Block 12, Lot 7 (14005 N Coventry Circle) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 141 of Maps, Page 17,, and correction to Plat recorded in Book 153 of Maps, Page 35, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills February 6, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 7 A24-000001 ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-04, abandoning the 20' Public Utility and Drainage Easement along the south side of 16858 N Stoneridge Court (Application A24-000002) Staff Summary (Background) This is a proposal to abandon the pre-incorporation 20' Public Utility and Drainage Easement along the south property line of Plat 505-C, Block 1, Lot 35 (16858 N Stoneridge Court).  Elizabeth and Scott Easton, the owners of the property, are planning to construct a pool, which will encroach into the existing easement.  Staff have reviewed the site to determine the potential on-site drainage issues in addition to the Town's general interest in the easement.  There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property.  All public utilities have approved the abandonment of this easement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2024-04 SUGGESTED MOTION MOVE to adopt Resolution 2024-04 Attachments Vicinity Map  Vicinity Map  Aerial Photo Map  Res 2024-04  Exhibit A: Survey  Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/22/2024 05:01 PM Town Attorney Aaron D. Arnson 01/22/2024 08:00 PM Town Manager Rachael Goodwin 01/24/2024 07:39 AM Form Started By: David Janover Started On: 01/18/2024 03:42 PM Final Approval Date: 01/24/2024  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FO U N T A I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 16858 N Stoneridge Ct A24-000002 DEVELOPMENT SERVICES A ll that is A r i z o n a F O U N T AIN HI L L S T OWN OF INC. 1989 ZONING: R1-10 LOT 35 LEGEND: PHOTO MAP 2023 AERIAL A24-000002 N ST O N E R I D G E C T ABANDON 20' P.U.E. & D.E. LOT 36 Mo u n t a i n W a s h LOT 34 RESOLUTION 2024-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 20' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTHERN PROPERTY LINE OF PLAT 505-C, BLOCK 1, LOT 35 (16858 N STONERIDGE COURT) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 158 OF MAPS, PAGE 42 WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easements, located at the SOUTHERN property line of Plat 505-C, Block 1, Lot 35 (16858 N Stoneridge Court) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 42, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills February 6, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 35 A24-000002 ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Aaron D. Arnson, Town Attorney Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-05 regarding a moratorium on 5G services. Staff Summary (Background) At the May 2, 2023 Council meeting, the Council approved Resolution 2023-19, the intent of which was to adopt a "moratorium" to cease the build-out of 5G-enabled small cell wireless infrastructure until December 31, 2023, or upon earlier completion of an ordinance codified and adopted by the Mayor and Council. The staff report from the May 2 meeting appears below. At the January 17, 2024 Council meeting, Councilmember Kalivianakis and two other councilmembers requested that an extension of the moratorium appear on an upcoming agenda. The proposed resolution is identical in form to the version that the Council adopted at the May 2 meeting, except that the date is extended to June 30, 2024. Previous Staff Report Recently, Town staff received many comments and questions from residents related to the safety of wireless facilities within Town limits, specifically the safety of “5G” wireless facilities. At the Council’s April 18, 2023, regular meeting, Town staff informed the Council that it had retained an outside expert to conduct a substantive review of the Town’s ordinances, applications, and design review guidelines related to wireless facilities in general. In consideration of the residents’ concerns and the revision process, the Council directed staff to draft a “moratorium” on the consideration and construction of facilities, modeled after a resolution from the Town of Easton, CT.   Federal law provides that “No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.” 47 U.S.C. § 253(a)). Federal law largely preempts state and local regulatory authority over wireless facilities and small wireless facilities, except for reasonable aesthetic requirements. Further, in 2018, the Federal Communications Commission adopted “shot clocks” that require local governments to review applications within a certain time from the date of submission, otherwise the application is deemed approved. In 2019, the Arizona Legislature adopted a similar shot clock for the approval of small wireless facilities in the right of way. At the request of the Council, the staff is presenting options, including 1) a motion to cease the buildout of 5G-enabled small cell wireless infrastructure until December 31, 2023, or upon earlier completion of an ordinance codified and adopted by Mayor and Council and 2) a resolution draft by Councilmember Kalivianakis that "calls upon all Telecommunications Companies and Public Utilities operating in Fountain Hills to cease and desist in the build-out of 5G-enabled small cell antennas" as stated below. The proposed resolution regarding “completion of an ultra-wideband ordinance providing services via underground fiber optics, point-to-point, zero antennas, no wireless attachments on streets is codified and adapted” may be insufficiently defined to understand what the resolution contemplates. Related Ordinance, Policy or Guiding Principle Res. 2023-19 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The Council may choose to adopt or reject the proposed Resolution. Staff emphasizes that a moratorium is permitted and enforceable only to the extent allowed under applicable law. Staff emphasizes, as it did in May 2023, that approving the Resolution (1) will not toll any applicable shot clock under federal or state law; and (2) will not prevent the approval of new applications for 5G-enabled small cell facilities.  SUGGESTED MOTION MOVE to approve/reject Resolution 2024-05.  Attachments Resolution 2024-05  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/23/2024 09:10 AM Finance Director David Pock 01/23/2024 01:48 PM Town Manager Rachael Goodwin 01/24/2024 01:01 PM Form Started By: Linda Mendenhall Started On: 01/23/2024 08:49 AM Final Approval Date: 01/24/2024  RES 2024-05 Page 1 of 2 RESOLUTION 2024-05 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL, CALLING UPON ALL TELECOMMUNICATIONS COMPANIES AND PUBLIC UTILIITIES OPERATING IN THE TOWN OF FOUNTAIN HILLS, ARIZONA TO CEASE THE BUILD-OUT OF SO-CALLED “5G” WIRELESS INFRASTRUCTURE UNTIL JUNE 30, 2024 OR UNTIL AN ORDINANCE IS ADOPTED IN WHICH PROVISION OF ULTRA-WIDE BAND DATA SERVICES ARE SERVICED BY HARDWARE UNDERGROUND FIBER OPTICS, POINT-TO-POINT, ZERO ANTENNAS, AND NO WIRELESS ATTACHMENTS ON STREETS. Whereas, the telecommunications industry is engaged in a massive deployment of microwave and millimeter-wave “small cell” antennas across the country to facilitate the next generation of wireless communications knows as 5G, and Whereas, this new technology uses existing wireless infrastructure and new types of radio-frequency (“RF”) microwave radiation to transmit large amounts of data, but requires significantly closer proximity to users, resulting in the dense deployment of antennas near residences, schools, and hospitals, and Whereas, the deployment of 5G-enabled small cell antennas our town raises questions regarding the potential health and environmental impacts of long-term exposure to untested RF microwave radiation frequencies, and Whereas populations especially at risk from this exposure include pregnant women, children, the elderly, and individuals with implanted medical devices, or cardiac or neurological problems, grand mal seizures, EHS, and Whereas, a significant body of published, peer-reviewed, independent investigation suggests a link from exposure to RF microwave radiation with serious environmental and biological harm, including increased risk of cancer, reproductive problems and neurological impairments, and, Whereas, The Federal Communications Commission (“FCC”) has not conducted any long-term safety testing of new 5G wireless technologies, and has failed to update its human RF microwave radiation exposure guidelines since 1996, despite being advised to do so by the U.S. General Accounting Office (GAO), the American Academy of Pediatricians, and hundreds of medical and scientific experts from around the world, and Whereas, considering the ruling of the United States Court of Appeals for the District of Columbia Circuit, in Environmental Health Trust, et al., v. Federal Communications Commission and United States of America, and Whereas, Swiss RE, the second-largest re-insurance company in the world, called 5G a ‘high impact liability risk due to health risks in its 2019 SONAR emerging risks report and will not compensate for losses from personal liability related to RF exposure, and RES 2024-05 Page 2 of 2 Whereas, the theory that exposure to RF microwave radiation is harmless, which has been the underlying principal of all federal legislation and regulations regarding wireless technologies for more than twenty years, has now been questioned, and Whereas, the Town of Fountain Hills (the “Town”) is presently engaged in a substantive review of its ordinances, applications, and design review guidelines related to wireless facilities generally, and expects to complete such a review by the end of the calendar year. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. The recitals above are hereby incorporated as if fully set forth herein. Section 2. That Fountain Hills calls upon all Telecommunications Companies and Public Utilities operating in Fountain Hills to cease and desist in the build-out of 5G-enabled small cell antennas until June 30, 2024 or upon earlier completion of ultra-wide band ordinance providing services via underground fiber optics, point-to-point, zero antennas, no wireless attachments on streets is codified and adapted. Section 3. The Mayor, the Town Manager, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona this 6th day of February, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM ONLY: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Request for approval of Ordinance 24-03, amending Section 24.03 (Regulations) of Chapter 24 (Medical Marijuana Uses) of the Fountain Hills Zoning Ordinance to allow operating hours between 7:00am and 9:00pm and to allow offsite delivery of medical marijuana. Staff Summary (Background) The law office of Gammage and Burnham, PLC has submitted a request for a zoning ordinance text amendment that would allow medical marijuana dispensaries to expand their hours from 9:00am-7:00pm to 7:00am-9:00pm, thus expanding overall operating hours from 10 hours to 14 hours. In addition, the applicant also requests removal of the prohibition of offsite medical marijuana delivery services.  If approved, the text amendment will not change the zoning requirements or limitations on uses that currently apply to medical marijuana dispensaries in Fountain Hills, except for modifying hours and allowing delivery services. All other regulations, requirements and limitations of uses that currently apply to dispensaries will continue, including the following:  Marijuana dispensaries are only permitted in the C-3 zoning district; Marijuana dispensaries must be separated from other sensitive uses as shown below: From another medical marijuana dispensary or cultivation facility Not less than 2,000 feet From a residential substance abuse treatment facility or rehabilitation facility Not less than 2,000 feet From a childcare center, pre-school, public/charter or private school, or other entertainment facility for children Not less than 2,000 feet Separation Requirements for Medical Marijuana Dispensaries From a park or public library Not less than 1,000 feet From a church or place of worship Not less than 500 feet The manufacture and testing of marijuana is prohibited; Drive-through services and sales are prohibited; Consumption of marijuana on the dispensary premises is prohibited; Licensed and duly bonded security guards must be present at main entrances and exits during all hours of operation; The Town Manager may require dispensaries to provide a neighborhood security guard patrol for a five-hundred-foot radius surrounding the property during operating hours; Outdoor seating is prohibited, and dispensaries must have adequate indoor seating to prevent outside loitering; Lighting requirements that specify illumination during evening hours, fixture type, and location must be met; and Dispensaries must allow unrestricted access by Town code enforcement officers and Maricopa County Sheriff’s Department Deputies. In addition to these requirements, medical marijuana dispensaries must comply with all AZDHS regulations regarding licensing, security, and delivery protocols. These requirements will ensure that the Town’s dispensaries will continue to be compatible with, and will operate without adverse impact on, surrounding properties in Fountain Hills. The Town currently has one medical marijuana dispensary located in a C-3 (General Commercial) zoning district, which is the only zoning district that allows such a use. The applicant contends that the amendment will give the dispensary a better competitive advantage as it will better compete with dispensaries in neighboring municipalities that provide longer hours and delivery services across jurisdictions, including Fountain Hills. The attached justification statement from the applicant provides detailed information as to the potential benefits to the business and community.  Staff has confirmed that both Scottsdale and Mesa, the two closest cities to Fountain Hills, allow for delivery of medical marijuana.  Both cities also have longer hours during which these facilities can be open. Related Ordinance, Policy or Guiding Principle Zoning Ordinance, Chapter 24 (Medical Marijuana Uses), Section 24.03 (Regulations) Town Code, Article 11 (Offenses), Section 11-2 (Recreational Marijuana) Arizona Revised Statutes, Title 36, Chapter 28 Risk Analysis Approving the text amendment will allow medical marijuana dispensary to stay open an additional four hours to what is currently allowed. Also, it will remove the prohibition of off site delivery services. These modifications could potentially bring in additional revenue to the Town with increased demand for such services. Denial of the text amendment request will maintain current limitations on hours of operation as well as the prohibition of offsite delivery services. However, offsite delivery services from dispensaries from other jurisdictions to Fountain Hills will not be precluded. Recommendation(s) by Board(s) or Commission(s) At their regular meeting on January 8, 2024, the Planning and Zoning Commission recommended approval of the text amendment by vote of 7-0. Prior to the vote, one member from the public expressed his opposition before the Commission. He questioned if the proposal would bring any actual benefit to the Town, while citing the potential dangers of marijuana use. The Commission also received two public comment cards, with one card expressing support for the amendment, while the other expressed opposition.  Since the Commission meeting, the applicant gathered 36 letters of support from the public. Copies of these letters are attached for your review. Staff Recommendation(s) Staff believes the modifications being proposed provide a competitive advantage for the existing medical marijuana dispensary over neighboring municipal jurisdictions without changing the zoning requirements or limitations on uses that currently apply to medical marijuana dispensaries. Staff support the proposed ordinance changes and believe the amendments help meet the needs of the business without compromising the health, safety and welfare of the town. Additionally, the Council also has the discretion to approve just one of the two changes requested. SUGGESTED MOTION Move to approve/deny Ordinance 24-03. Attachments ORD 24-03  Applicant Justification  Letters of Support  Letters of Support  Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/24/2024 02:03 PM Finance Director David Pock 01/30/2024 10:40 AM Town Attorney Aaron D. Arnson 01/31/2024 10:15 AM Town Manager Rachael Goodwin 01/31/2024 01:55 PM Form Started By: Farhad Tavassoli Started On: 01/24/2024 12:16 PM Final Approval Date: 01/31/2024  ORDINANCE NO. 24-03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 18, TOWN CENTER COMMERCIAL DISTRICT, BY AMENDING SECTION 18.03. B. 23., AND CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, SECTION 25.02. E. TO ALLOW OUTDOOR SEATING AREAS FOR FOOD AND BEVERAGE SERVICE WITHININ SIDEWALK AREAS LOCATED IN A PUBLIC RIGHT OF WAY, PROVIDED AN ENCORACHMENT PERMIT IS APPROVED BY TOWN COUNCIL. RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 24, Medical Marijuana Uses, by amending provisions related to limited business hours and the removal of the prohibition of delivery services for medical marijuana dispensaries in Sections 24-03.B and 24.03C.4.; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this ordinance were advertised in the December 20, 2023, and December 27, 2023 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on January 8, 2024 and by the Town Council on February 6, 2024. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 24, Medical Marijuana Uses, Section 24.03 B and C.4, Regulations, is amended as follows: … …B. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. 7:00 A.M. and not later than 7:00 p.m. 9:00 P.M. C. A medical marijuana dispensary or medical marijuana cultivation location shall: 1. Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other mobile vehicle. 2. Not have drive-through service. 3. Not emit dust, fumes, vapors or odors into the environment. 4. Not provide offsite delivery of medical marijuana. 4. 5. Prohibit consumption of marijuana on the premises. 5. 6. Not have outdoor seating areas, but shall have adequate indoor seating to prevent outside loitering. 6. 7. Display a current Town of Fountain Hills business license and a State of Arizona tax identification number. 7. 8. Install lighting to illuminate the exterior and interior of the building and all entrances and exits to the facility. Exterior lighting shall be five foot candles, measured at ground level, and shall remain on during all hours between sunset and sunrise each day. Twenty-four (24) hours each day, the medical marijuana dispensary or medical marijuana cultivation location shall illuminate the entire interior of the building, with particular emphasis on the locations of any counter, safe, storage area and any location where people are prone to congregate. The lighting must be of sufficient brightness to ensure that the interior is readily visible from the exterior of the building from a distance of one hundred (100) feet. 8. 9. Provide security guards at the main entrances and exits during all hours of operation. For the purposes of this Chapter, “security guard” shall mean licensed and duly bonded security personnel registered pursuant to ARIZ. REV. STAT. § 32-2601 et seq. Prior to opening for business, the medical marijuana dispensary or medical marijuana cultivation location shall provide all property owners within a 500 foot radius of the medical marijuana dispensary or medical marijuana cultivation location with written notification via first class U.S. Mail of the security company responsible for providing its security services. 9. 10. If determined necessary by the Town Manager at any time, medical marijuana dispensaries or medical marijuana cultivation locations shall provide a neighborhood security guard patrol for a five-hundred-foot radius surrounding the medical marijuana dispensary during all or specified hours of operation. 10. 11. Have an exterior appearance compatible with commercial structures already constructed or under construction within the immediate neighborhood to insure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity. 11. 12. Allow unrestricted access by Town code enforcement officers, Maricopa County Sheriff’s Department Deputies or other agents or employees of the Town requesting admission for the purpose of determining compliance with these standards. 12. 13. Not display signs, or any other advertising matter used in connection with the medical marijuana dispensary or medical marijuana cultivation of any offensive nature and such signs shall in no way be contrary to the Town code, or obstruct the view of the interior of the premises viewed from the outside. 13. 14. Comply with all other applicable property development and design standards of the Town of Fountain Hills. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 6th day of February, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney TEXT AMENDMENT Narrative Statement of Justification Prepared by: 40 North Central Ave., 20th Floor | Phoenix, AZ 85004 Contact: Gammage & Burnham, PLC Attn: Lindsay Schube (602) 256-4400 lschube@gblaw.com Submittal Date: November 17, 2023 This application requests an amendment (“Text Amendment”) to the Chapter 24 of the Fountain Hills Zoning Ordinance. The purpose of the Text Amendment is to allow medical marijuana dispensaries to operate from 7:00 a.m. to 9:00 p.m. and to perform delivery services. The precise language of the proposed Text Amendment is provided in Exhibit A. Amendments to zoning ordinances, particularly for marijuana uses, are a common occurrence in the Valley and other Arizona jurisdictions. For example, since 2018, Scottsdale, Phoenix, Tempe, Chandler, Mesa, and Payson have amended their zoning ordinances to expand the permitted hours of operation. The Town of Gilbert is currently considering such an amendment as well. Additionally, in this year alone, both Payson and Peoria have amended their zoning ordinances to allow for delivery of medical marijuana products. These jurisdictions, like many others, recognize that the medical marijuana business is a safe and secure retail industry with great potential for local tax revenue generation. Approving this Text Amendment will only increase the value that this industry can bring to Fountain Hills. Background To provide context and understanding of this Text Amendment, it will be helpful to understand the regulatory landscape under which Fountain Hills dispensaries currently operate. This section provides an overview of the types of licenses that are granted by the Arizona Department of Health Services (“AZDHS”) under the medical and recreational marijuana programs, and the licenses currently allowed in the Town of Fountain Hills. AZDHS Licensing for Dispensaries 1. Medical/Dual Licenses The Arizona Department of Health Services (“AZDHS”) administers the medical and recreational marijuana programs in the State of Arizona. Since the adoption of the Arizona Medical Marijuana Act in 2010, AZDHS has issued 130 medical marijuana licenses. The entity holding a medical marijuana license is permitted to operate one (1) medical marijuana dispensary. AZDHS is no longer issuing medical marijuana licenses, and the number of medical marijuana licenses issued by AZDHS has been capped at 130 licenses. On November 3, 2020, Arizona voters approved the “Smart and Safe Arizona Act” which legalized fair recreational marijuana for adults. Following the adoption of the Smart and Safe Arizona Act, AZDHS converted all 130 medical marijuana licenses to dual licenses. The holder of a dual license is permitted to operate one (1) dispensary, which may sell medical marijuana to cardholders and recreational marijuana to persons 21 and older. The only licensed dispensary in Fountain Hills operates as a dual licensee, meaning it currently sells both recreational and medical marijuana as required by State law. 2. Establishment Licenses Shortly after the adoption of the Smart and Safe Arizona Act, AZDHS first issued 13 establishment licenses in counties that had less than two existing dispensaries within their jurisdictional boundaries. These 13 establishment licenses are required to remain in the county in which they were awarded. As such, they are commonly referred to as “county licenses.” No county licenses were awarded in Maricopa County, and they may not be moved to Maricopa County. In April of 2022, AZDHS awarded 26 additional establishment licenses through its Social Equity Ownership Program. The license holder of any establishment license—whether a county license or an establishment license awarded through the Social Equity Ownership Program—is permitted to operate one (1) dispensary that may sell recreational marijuana to persons 21 and older. Establishment licensees are not permitted to sell medical marijuana to eligible cardholders. Marijuana Establishments are prohibited by Section 11-2-3 of the Fountain Hills Municipal Code. There are no recreational-only marijuana dispensaries in Fountain Hills. Existing Fountain Hills Zoning Ordinance 1. Hours of Operation Section 24.03(B) of the Fountain Hills Zoning Ordinance provides that medical marijuana dispensaries shall operate no earlier than 9:00 a.m. and no later than 7:00 p.m. 2. Prohibition on Delivery Services Section 24.03(C)(4) of the Fountain Hills Zoning Ordinance prohibits offsite delivery services for all medical marijuana dispensaries. Proposed Text Amendment As shown in Exhibit A, this proposed Text Amendment will amend the Fountian Hills Zoning Ordinance as follows: A. Modify Section 24.03(B) to allow medical marijuana dispensaries to operate from 7:00 a.m. to 9:00 p.m. B. Remove the prohibition of delivery services for medical marijuana dispensaries in Section 14.03(C)(4). The proposed Text Amendment does not change the zoning requirements or limitations on uses that currently apply to medical marijuana dispensaries. If the Text Amendment is approved, with the exception of modifying hours and allowing delivery services, all other limitations on medical marijuana dispensaries outlined in Chapter 24 of the Fountain Hills Zoning Ordinance will continue to apply. Justification As described in more detail below, this proposed Text Amendment to modify hours and allow delivery service will help meet the sustained increase in demand for marijuana products, increase local sales tax revenue, and allow Fountian Hills and its dispensaries to better compete with neighboring jurisdictions. The intent of this Text Amendment is to increase access to and revenue from local marijuana businesses while respecting the conservative character of Fountain Hills. 1. Increase in Sales Tax Allowing medical marijuana dispensaries to operate for longer hours and offer delivery options in the Town will generate additional sales tax revenue for the Town. Fountain Hills has a local sales tax of approximately 2.9%. The revenue from this local tax is not shared with the State of Arizona. This Text Amendment will allow for additional sales of marijuana products in the Town and, consequently, additional sales tax revenue for the Town. This is highly important to the economic development of the Town because the Town does not currently have a primary property tax. Thus, sales tax revenue is essential to Fountain Hills’ economic prosperity. It is also worth noting that residents of Fountian Hills are currently allowed to accept the delivery of marijuana products from dispensaries outside the jurisdiction. Nearby jurisdictions that permit delivery include Scottsdale, Phoenix, Mesa, Chandler, and Payson. The city or town where the delivering dispensary is located receives the tax revenue for each delivery. In other words, marijuana products can already be delivered to residents of Fountain Hills, but the Town is losing the sales tax revenue. If the proposed Text Amendment is approved, the tax revenue generated by additional sales and delivery of marijuana products, both within and outside of the Town, can remain in Fountain Hills. 2. Increase in Demand According to AZDHS records, in 2011—the first year of the Arizona Medical Marijuana Program—just over 16,000 medical marijuana registration cards were issued to qualifying patients throughout the State. Since 2011, there has been a significant increase in the issuance of medical marijuana registration cards, patients, and demand for medical marijuana. In fact, there are over 123,000 medical marijuana cardholders today and the State has had as many as 300,000 at one time. Furthermore, on November 3, 2020, Arizona voters approved the “Smart and Safe Arizona Act” legalizing recreational marijuana use for adults, which has further increased demand for marijuana products. The proposed Text Amendment is needed to help meet this tremendous, sustained increase in demand. Fountain Hills’ restrictive hours and prohibition on delivery services have ceded sales to neighboring jurisdictions. Approving this Text Amendment will better address the increased demand while boosting economic activity in the Town. 3. Increase in Competitive Advantage a. Delivery Services The Town of Fountain Hills does not currently allow its dispensaries to offer delivery services, but there are several nearby jurisdictions that do. These jurisdictions include Scottsdale, Phoenix, Mesa, Chandler, Payson, and Maricopa County. Scottsdale is directly adjacent to the Town of Fountain Hills, and Phoenix and Mesa are a short drive away. Consequently, the dispensaries in these jurisdictions have a competitive advantage over dispensaries in the Town. As described in Section 1 above, Fountain Hills cannot preclude its residents from accepting deliveries from other jurisdictions. In other words, marijuana products can already be delivered in Fountain Hills, but other jurisdictions are seeing the benefits. Approving this Text Amendment would grant a competitive advantage to the Town’s businesses. It would also make Fountain Hills a more competitive municipality by redirecting tax revenue to the Town from nearby jurisdictions. b. Hours of Operation The Town of Fountain Hills currently restricts hours of operation to 9:00 a.m. to 7:00 p.m. This Text Amendment proposes hours of operation from 7:00 a.m. to 9:00 p.m. to be more consistent with all other jurisdictions in the Valley which allow for longer operating hours. The overly restrictive nature of Fountain Hills’ Zoning Ordinance is apparent when compared against nearby jurisdictions. See Table A below. Table A: Marijuana Facility Operating Hours in Nearby Jurisdictions Jurisdiction Hours of Operation Relevant Citation Fountain Hills 9 am – 7pm (10 hrs) Section 24.03(B) Scottsdale 6 am – 10 pm (16 hrs) Sections 1.403(M)(1)(h) & 1.403(M)(2)(h) Chandler 7 am – 10 pm (15 hrs) Section 35-2213(2)(B)(5)(F) Phoenix 8 am – 10pm (14 hrs) Sections 627(D)(92)(g) & 623(D)(124)(i) Tempe 8 am – 10 pm (14 hrs) Section 3-426(C)(5) Mesa 8 am – 9 pm (13 hrs) Section 11-31-34(B)(4) Payson 8 am – 9 pm (13 hrs) Section 154-15-003 Because of these hour restrictions, Fountain Hills’ dispensaries are losing sales to dispensaries in other jurisdictions. An adjustment to the permitted operating hours will bring these sales back into Fountain Hills, promoting the Town’s businesses and the Town itself. Allowing dispensaries to open at 7:00 a.m. will not be disruptive to the Town. Many marijuana patients and customers are early risers who prefer to visit dispensaries in the morning, before working hours. Approving this amendment would simply allow those customers to shop closer to home. Similarly, customers who prefer to shop later cannot access marijuana products in the Town after 7:00 p.m. but can shop in other jurisdictions until 10:00 p.m. The proposed Text Amendment does not allow Fountain Hills dispensaries to stay open until 10:00 p.m., but rather proposes hours until 9:00 p.m. This will make the Town’s dispensaries accessible to late-night shoppers while respecting the quiet and conservative character of Fountain Hills. Rules that Remain Unaffected by the Proposed Text Amendment As previously noted, this Text Amendment will not change the zoning requirements or limitations on uses that currently apply to marijuana dispensaries in Fountain Hills, except for modifying hours and allowing delivery services. All other regulations, requirements, and limitations of uses that currently apply to dispensaries will continue to apply, including:  Marijuana dispensaries are only permitted in the C-3 zoning district;  Marijuana dispensaries must be separated from other sensitive uses as shown below: Separation Requirements for Marijuana Dispensaries From another medical marijuana dispensary or cultivation facility Not less than 2,000 feet From a residential substance abuse treatment facility or rehabilitation facility Not less than 2,000 feet From a childcare center, pre-school, public/charter or private school, or other entertainment facility for children Not less than 2,000 feet From a park or public library Not less than 1,000 feet From a church or place of worship Not less than 500 feet  The manufacture and testing of marijuana is prohibited;  Drive-through services and sales are prohibited;  Consumption of marijuana on the dispensary premises is prohibited;  Licensed and duly bonded security guards must be present at main entrances and exits during all hours of operation;  The Town Manager may require dispensaries to provide a neighborhood security guard patrol for a five-hundred-foot radius surrounding the property during operating hours;  Outdoor seating is prohibited, and dispensaries must have adequate indoor seating to prevent outside loitering;  Lighting requirements that specify illumination during evening hours, fixture type, and location must be met; and  Dispensaries must allow unrestricted access by Town code enforcement officers and Maricopa County Sheriff’s Department Deputies. In addition to these requirements, medical marijuana dispensaries must comply with all AZDHS regulations regarding licensing, security, and delivery protocols. These requirements will ensure that the Town’s dispensaries will continue to be compatible with, and will operate without adverse impact on, surrounding properties in Fountain Hills. Conclusion Since the Arizona Medical Marijuana Program began, there has been a significant increase in the issuance of medical marijuana registration cards, patients, and demand for medical marijuana. Additionally, on November 3, 2020, Arizona voters approved the “Smart and Safe Arizona Act” legalizing recreational marijuana use for adults, which further increased demand for marijuana products. The Town of Fountain Hills is currently underserved, causing residents to either travel long distances or seek delivery services from other jurisdictions. Because of this, the Town is missing out on an abundance of sales tax revenue that could be generated by local dispensaries. The proposed Text Amendment will make reasonable changes to the Fountain Hills Zoning Ordinance that will help the Town’s medical marijuana dispensaries meet the sustained increase in demand for marijuana products; will increase local sales tax revenue in Fountain Hills; and will allow for existing and future dispensaries to better compete with dispensaries in nearby jurisdictions. EXHIBIT A Proposed Text Amendment Proposed Text Amendment Changes are proposed to the Fountain Hills Zoning Ordinance as follows (additions in ALL CAPS, UNDERLINED AND BOLDED; deletions in strikeout): CHAPTER 24 – MEDICAL MARIJUANA USES Section 24.03 – Requirements B. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. 7:00 A.M. and not later than 7:00 p.m. 9:00 P.M. C. A medical marijuana dispensary or medical marijuana cultivation location shall: 1. Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other mobile vehicle. 2. Not have drive-through service. 3. Not emit dust, fumes, vapors or odors into the environment. 4. Not provide offsite delivery of medical marijuana. 4. 5. Prohibit consumption of marijuana on the premises. 5. 6. Not have outdoor seating areas, but shall have adequate indoor seating to prevent outside loitering. 6. 7. Display a current Town of Fountain Hills business license and a State of Arizona tax identification number. 7. 8. Install lighting to illuminate the exterior and interior of the building and all entrances and exits to the facility. Exterior lighting shall be five foot candles, measured at ground level, and shall remain on during all hours between sunset and sunrise each day. Twenty-four (24) hours each day, the medical marijuana dispensary or medical marijuana cultivation location shall illuminate the entire interior of the building, with particular emphasis on the locations of any counter, safe, storage area and any location where people are prone to congregate. The lighting must be of sufficient brightness to ensure that the interior is readily visible from the exterior of the building from a distance of one hundred (100) feet. 8. 9. Provide security guards at the main entrances and exits during all hours of operation. For the purposes of this Chapter, “security guard” shall mean licensed and duly bonded security personnel registered pursuant to ARIZ. REV. STAT. § 32-2601 et seq. Prior to opening for business, the medical marijuana dispensary or medical marijuana cultivation location shall provide all property owners within a 500 foot radius of the medical marijuana dispensary or medical marijuana cultivation location with written notification via first class U.S. Mail of the security company responsible for providing its security services. 9. 10. If determined necessary by the Town Manager at any time, medical marijuana dispensaries or medical marijuana cultivation locations shall provide a neighborhood security guard patrol for a five-hundred-foot radius surrounding the medical marijuana dispensary during all or specified hours of operation. 10. 11. Have an exterior appearance compatible with commercial structures already constructed or under construction within the immediate neighborhood to insure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity. 11. 12. Allow unrestricted access by Town code enforcement officers, Maricopa County Sheriff’s Department Deputies or other agents or employees of the Town requesting admission for the purpose of determining compliance with these standards. 12. 13. Not display signs, or any other advertising matter used in connection with the medical marijuana dispensary or medical marijuana cultivation of any offensive nature and such signs shall in no way be contrary to the Town code, or obstruct the view of the interior of the premises viewed from the outside. 13. 14. Comply with all other applicable property development and design standards of the Town of Fountain Hills. ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Staff to apply for Grants.  Staff Summary (Background) Town staff are actively engaged in seeking and applying for grant funding opportunities to support various Town initiatives and projects. Their diligent efforts involve researching potential grants, understanding eligibility criteria, and preparing compelling proposals that align with the Town's goals and priorities.   By actively pursuing external funding sources, Town staff aim to enhance local programs, infrastructure, and services, fostering a positive impact on the community's well-being and development.   Town staff plays a crucial role in the municipal decision-making process by regularly presenting requests to the Council for permission to seek and apply for grant opportunities. Timing requirements for grant applications is often a critical factor, and can vary drastically. Often, the application window for grants is short, and does not allow staff enough time to ask permission from the Council before applying.  The end-result is staff asking for permission after the fact, creating a backlog and loophole in the process. In order to create a more proactive procedure, staff is requesting comprehensive authorization to apply for applicable grants throughout the 2024 calendar year. If granted, this permission is a pivotal step in enabling the Town staff to pursue external funding sources effectively.    Town staff is respectfully requesting permission to apply for grants for the remainder of Calendar year 2024.  This process will involve a comprehensive approach, including thorough research on available grants, potential benefits to the community, and alignment with the Town's strategic objectives. If the Town is selected to receive a grant, staff will return to Council with their proposals, and engage in a collaborative dialogue with the Council, addressing any concerns and providing additional information to ensure a clear understanding of the proposed grant. This transparent and collaborative process ensures that the Town's pursuit of grant opportunities aligns with the broader vision of the Town Council and reflects the needs and aspirations of the community.   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Grant Application Policy Risk Analysis Grants provide much needed funding to support the Town initiatives and projects. Failure to secure and receive grants in a timely manner will result in less funding availability for local programs, infrastructure, and services. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends Town Council approval to apply for grants in Calendar year 2024. SUGGESTED MOTION MOVE to approve staff to apply for grants in Calendar year 2024. Fiscal Impact Fiscal Impact:0 Budget Reference:N/A Funding Source:N/A If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 01/23/2024 05:26 PM Finance Director David Pock 01/23/2024 05:53 PM Town Attorney Aaron D. Arnson 01/23/2024 07:43 PM Town Manager Rachael Goodwin 01/30/2024 05:47 PM Form Started By: Justin Weldy Started On: 01/22/2024 04:19 PM Final Approval Date: 01/30/2024  ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Staff Contact Information: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Ordinance 24-04 Amending the Town of Fountain Hills Town Code Article 8-5 Special Event Liquor License, Section 8-5-1 to designate the Town Clerk as the person authorized to recommend approval or denial of applications for Special Event Liquor licenses, including extension of premises under A.R.S. § 4.203.02. Staff Summary (background) The Town Council currently reviews and approves Special Event Liquor License applications. In 2018, the Arizona State Legislature made changes to ARS § 4.203.02, which changed some of the requirements for liquor licensing. This amendment allows the governing body to assign a specific person, usually the Clerk, to approve special event liquor licenses, including extensions of premises. This delegation of authority to the Clerk helps relieve the Council of this administrative task. Supporting this Code Amendment will simplify the process for Special Event Liquor License applications by removing some of the red tape associated with obtaining a recommendation for approval. Applicants organizing specific events will find this service more user-friendly and efficient. Currently, special events also undergo administrative approval. Approving this Ordinance will empower the Town Clerk to authorize Special Event Liquor Licenses for events within the Town of Fountain Hills. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; Town Code Chapter 8, Article 8-5. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A   Staff Recommendation(s) Staff recommends the Council approve designating the Town Clerk as the approval authority for Special Event Liquor Licenses and Extension of Premises. This delegation of authority will not only streamline the process for applicants but also alleviate the Council from this administrative responsibility. SUGGESTED MOTION MOVE to adopt Ordinance 24-04, as written. Attachments Ordinance 24-04  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 01/10/2024 11:50 AM Finance Director David Pock 01/10/2024 01:46 PM Town Attorney Aaron D. Arnson 01/22/2024 07:59 PM Town Manager Rachael Goodwin 01/24/2024 01:01 PM Form Started By: Linda Mendenhall Started On: 01/09/2024 02:47 PM Final Approval Date: 01/24/2024  ORDINANCE NO. 24-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 8 BUSINESS REGULATIONS, SECTION 8-5-1 TO AUTHORIZE THE TOWN CLERK TO APPROVE SPECIAL EVENT LIQUOR LICENSES WHEREAS, Pursuant to ARIZ. REV. STAT. § 4-203.02, the governing body of a Town may delegate its authority to approve special event liquor licenses; and WHEREAS, the Mayor and Town Council has determined it is in the best interest of the Town to authorize the Town Clerk to approve special event liquor licenses. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 3. The Fountain Hills Town Code, Chapter 8 (Business Regulations), Section 8-5-1 (Purpose) is hereby amended to read as follows: Alcoholic beverages may only be permitted at a Special Event if approved by both the Town Council TOWN CLERK and the Director of the Arizona Department of Liquor Licensing and Control as set forth in this Article and Ariz. Rev. Stat. § 4-203.02, as amended. Sponsors seeking approval by the Town Council TOWN CLERK shall adhere to the requirements set forth in this Article and Ariz. Rev. Stat § 4-203.02, as amended. For the purposes of this Article, the defined terms set forth in Article 8-3 8-5-3 above shall apply. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 6th day of February 2024. (Signatures on the following page) FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF AND POSSIBLE ACTION : Related to future Pavement Management planning and funding. Staff Summary (Background) This item discussion is based on two reports, one from an industry consultant, Roadway Asset Services (RAS), and the other from the Town’s appointed Citizen Advisory Street Committee (CASC).  Both reports are based on the same 2022 pavement condition index (PCI) data, however the recommendations differ.  The consultant’s report is based on obtaining ‘average’ pavement conditions and the citizen’s report is based on reaching a network ‘threshold’ condition. Infrastructure strategic planning is an essential component of the management of Town streets, and is driven by growth, age, and limited revenue sources. The emphasis is critically considering the true cost of providing a pavement management program, but also understanding what will be required to maintain a specific level of service throughout the life of Town-owned streets. The FY24 pavement maintenance projects for streets were identified and a budget of $5,000,000 allocated and approved by the council. The work is underway and scheduled for completion by June 30, 2024. Having utilized pavement management best practices and financially optimizing the Town’s limited budget, the network average PCI in 2022 (based upon a rating scale of 1-100) utilizing the RAS data was 69.  However, the Town’s backlog (streets below a PCI of 40) of 5.3% remains unsustainable at the current budget levels and is forecast to grow to 15.3% in the next 3 years. The Council also indicated that another $5,000,000 will be allocated for the FY25 pavement maintenance projects. For the outlying years beyond FY25, financial projections indicate a budget of $2,500,000 for maintenance and rehabilitation activities. Each year, 15% of that budget is allocated to cover other expenses such as administrative overhead, inspections, etc., leaving $2,125,000 for Street improvements. According to RAS, these budgets were applied in the Budget Optimization Street Selector (BOSS) software, for the development of their financially optimized 5-year planning model. Based on their Fix All analysis and current needs assessment, the Town would require a total investment of $64,000,000 to treat all Town streets with appropriate maintenance and rehabilitation activity based on current conditions and pavement type.  As a result, the Town’s greatest maintenance funding need is the full depth reconstruction + subgrade prep for a portion of Pre-Incorporation Asphalt which represents 75.03% percent of the total Fix All cost. Using the RAS recommendation, the Town’s historical budget of $2.125M dedicated to pavement management will result in a network average PCI of 67 and a backlog of over 15% in the next five years. To control the growth of backlog below the target threshold of 8% would require $5,000,000 annually and the net benefit to the average PCI would be a jump to 72. Alternately, CASC suggests repair strategies based upon roadway conditions of the surface and subgrade at the time of repair, not solely based upon the age of the street (by definition: “pre-incorporation”.)  In addition, the CASC recommends a review of street classifications to potentially address changes in street uses, from locals to collectors, and from collectors to arterials.  This will allow continued flexibility in long-term funding strategies and bonding needs. The biggest challenge is to find the funds necessary to upgrade town streets for either the RAS or CASC strategy.  The RAS estimate is $64,000,0000 and, in comparison, the CASC estimate is $40,000,000. Each strategy takes into account different pavement techniques and the associated costs. The results of each option create different levels of improvement, varying degrees of longevity, different maintenance impacts, and assume different acceptable PCI thresholds. In 2019 council adopted a street condition letter grade system and a services level expectation for each.  Arterials were to be maintained at a PCI of 60-70. Collectors were to be maintained at a  PCI 50-60. Residentials were to be maintained at a PCI 50-55. It is the recommendation of the CASC to update PCI data every five years and consider using the PCI scores exclusively. This will help transparency and consistency.  An additional concern that requires consideration is the Town's Expenditure Limitation. This constitutionally required limitation on the expenditure of local revenues is calculated each year by the Economic Estimates Commission, and the Town must remain below that set limit or lose state-shared revenue. The limit for FY24 is $34.3M, and the current pavement maintenance budget of $5.0M represents 15% of that limit.  The following information is related to the process of possible bonding discussions.  A General Obligation Bond election can be called for in November of any election year. Town Clerk has a 210-day notice to advise the County of our intent for a bond election (May 9).   Call of an election would need to be done prior to that, by at least the first meeting in May, if not before. Following that, the Town Clerk needs to have ballot language by Mid-June. The Council gives direction to call the election, then the informational pamphlet is prepared by staff and consultants in accordance with the County Elections Department' s timeline (there' s no additional Council action to approve that informational pamphlet or any sort of second or third meeting to review that before it's sent to voters)  Town staff/officials are prohibited from using Town resources to advocate or endorse the bond election. Any written materials regarding the election include certain provisions regarding an estimated average annual tax rate that would be imposed related to repayment of debt service on a general obligation bond. The following are recommendations and considerations as provided by the Streets Committee:  Consider an overall bond package, or a combination of categories, or separate arterial, collector, and residential street packages with the corresponding financial requests. Facilitate a scope reduction by re-striping and developing lane use realignment to create condensed travel lanes and only paving vehicular portions.    Attached to this staff report please find the following document for review: Roadway Asset Services (RAS) executive summary and the citizen advisory street committee (CASC) Executive Summary.   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement  Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff have provided industry expert data from RAS as well as recommendations from the Citizen Streets Advisory Committee SUGGESTED MOTION Move to re-institute industry standard PCI ratings in place of letter grade rating system Attachments RAS Final Report  2023 CASC Report  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 01/23/2024 03:34 PM Finance Director David Pock 01/23/2024 03:49 PM Town Attorney Aaron D. Arnson 01/23/2024 03:57 PM Town Manager Rachael Goodwin 01/30/2024 05:47 PM Form Started By: Justin Weldy Started On: 01/22/2024 04:18 PM Final Approval Date: 01/30/2024  Roadway Asset Services, LLC 6001 W Parmer Lane #370-1102 Austin, TX 78727 210-837-5249 2023 Pavement Evaluation Report Fountain Hills, AZ May 2023 1 Table of Contents 1 Executive Summary .............................................................................................................................. 4 1.1 Condition Results .......................................................................................................................... 7 1.2 Budget Scenarios ........................................................................................................................... 7 Commonly Used Acronyms ........................................................................................................................... 8 2 Introduction ......................................................................................................................................... 9 3 Project Scope & Methodology ........................................................................................................... 12 3.1 Pavement Condition Assessment ............................................................................................... 12 3.2 Pavement Condition Index (PCI) Calculation .............................................................................. 15 3.3 International Roughness Index (IRI) Calculation and Analysis .................................................... 15 4 Description of Distress Analysis ......................................................................................................... 16 5 Results ................................................................................................................................................ 20 5.1 Pavement Condition Index Results ............................................................................................. 21 5.2 International Roughness Index Results ....................................................................................... 25 5.3 Distress Breakdown by Severity .................................................................................................. 27 6 Pavement Maintenance/Preservation Funding ................................................................................. 28 7 Scenarios and Budget Estimates ........................................................................................................ 28 7.1 Deterioration curves ................................................................................................................... 28 7.2 Treatment Activities and Cost ..................................................................................................... 29 7.3 Scenarios ..................................................................................................................................... 31 7.3.1 Do-Nothing .............................................................................................................. 31 7.3.2 Unlimited Funding (Fix All) and Distribution of Costs ............................................. 32 7.3.3 Steady State Network PCI (SS PCI) .......................................................................... 33 7.3.4 Steady State Backlog Budget (SS Backlog) .............................................................. 34 7.3.5 Sample Maintenance Budgets versus PCI Improvement........................................ 35 8 Summary ............................................................................................................................................ 36 9 Appendix I: Distress Definitions (Colorado State University) ............................................................. 37 10 Appendix II: Automated Data Collection Equipment ......................................................................... 38 10.1 Roadway Asset Collection (RAC) Vehicle .................................................................................... 38 10.2 Quality Control/Assurance .......................................................................................................... 40 10.3 LCMS-2 ........................................................................................................................................ 41 10.4 Profile .......................................................................................................................................... 41 List of Figures Figure 1.1 Town of Fountain Hills, AZ PCI Distribution ................................................................................ 5 Figure 1.2: Town of Fountain Hills, AZ Surface Type Distribution ................................................................ 6 Figure 2.1: Deterioration Curve Example .................................................................................................... 10 Figure 2.2: Town of Fountain Hills, AZ Inspection Breakdown ................................................................... 10 Figure 2.3: Town of Fountain Hills, AZ Roadway Network (Collection Status) .......................................... 11 Figure 3.1: Town of Fountain Hills, AZ Network Coverage Map ................................................................ 13 Figure 3.2: Right-of-Way Image Example.................................................................................................... 15 Figure 4.1: RAS Pavement Analysis Tool Example ...................................................................................... 17 Figure 4.2: LCMS Post PCI Processing Image .............................................................................................. 18 Figure 4.3: Example of Distress Overlay Images ......................................................................................... 19 Figure 5.1: Town of Fountain Hills, AZ PCI Ranges by Percent of Area ....................................................... 21 Figure 5.2: Town of Fountain Hills, AZ PCI Ranges by Percent of Area for Asphalt Roads ....................... 22 Figure 5.3: Town of Fountain Hills, AZ PCI Ranges by Percent of Area for Pre- Incorporation Asphalt Roads ........................................................................................................................................................... 22 Figure 5.4: Town of Fountain Hills, AZ PCI Distribution Map ..................................................................... 23 Figure 5.5: Town of Fountain Hills, AZ PCI Example Map .......................................................................... 24 Figure 5.6: Town of Fountain Hills, AZ IRI Distribution Map ...................................................................... 25 Figure 5.7: Town of Fountain Hills, AZ Normalized IRI Example Map ........................................................ 26 Figure 5.8: Town of Fountain Hills, AZ Asphalt Distress Breakdown ......................................................... 27 Figure 7.1: Typical Pavement Life Cycle Curve............................................................................................ 29 Figure 7.2: Town of Fountain Hills, AZ - PCI Trend by Budget Scenario...................................................... 34 Figure 7.3: Town of Fountain Hills, AZ - PCI Trend by Budget Scenario...................................................... 35 Figure 7.4: Town of Fountain Hills, AZ - Predicted 5-Year Pavement Condition Index Outlook ................. 36 Figure 10.1: RAS RAC Vehicle ...................................................................................................................... 40 Figure 10.2: 9-Point Calibration Site Example ............................................................................................ 40 Figure 10.3: LCMS Data Definition .............................................................................................................. 42 List of Tables Table 1.1: Town of Fountain Hills, AZ PCI Ranges by Percent ...................................................................... 4 Table 2.1: Town of Fountain Hills, AZ Inspection Breakdown .................................................................... 11 Table 3.1: IRI Category Ranges by Miles ..................................................................................................... 16 Table 5.1: Town of Fountain Hills, AZ Condition Scale ............................................................................... 20 Table 5.2: Town of Fountain Hills, AZ PCI Ranges by Percent of Centerline Miles .................................... 21 Table 5.3: Town of Fountain Hills, AZ Asphalt Distress Breakdown by Severity ........................................ 27 Table 7.1: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Arterial Roads) (Inflated to 2023 Rates) ................................................................................................................................................. 29 Table 7.2: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Alleys) (Inflated to 2023 Rates) .......................................................................................................................................................... 30 Table 7.3: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Collector Roads) (Inflated to 2023 Rates) ............................................................................................................................................. 30 Table 7.4: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Local Roads) (Inflated to 2023 Rates) ................................................................................................................................................. 31 Table 7.5: Town of Fountain Hills, AZ – Fix All Analysis by Treatment Type ............................................... 33 Table 7.6: Town of Fountain Hills, AZ - Predicted 5-Year Overall Condition Index Outlook ....................... 36 4 | P a g e 1 Executive Summary Roadway Asset Services, LLC (RAS) performed a pavement condition assessment for the Town of Fountain Hills, AZ to provide an accurate assessment of the pavement conditions. The pavement data collection started on November 03, 2022 and completed on November 12, 2022. This report provides the processes and procedures for pavement condition data collection and evaluation, assessment of the results, and maintenance recommendations for the Town’s maintained roadway network. The pavement condition assessment included an automated mobile data collection effort, a Pavement Condition Index (PCI) calculated using RAS’s pavement analysis tool – Road Technical Rating Intelligence Program (Road TRIPTM), publishing of the results to a Microsoft PowerBI dashboard, and the delivery of an ESRI file geodatabase. The assessment and conditions rating were performed in general accordance with national standards, where applicable. The network PCI was determined following the American Society for Testing Materials (ASTM) D6433-11 “Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys” to determine the Surface Distresses Index (SDI) in combination with a Roughness Index (RI), which is derived from the International Roughness Index (IRI). The combination of SDI and a normalized IRI value such as RI used is (67%*SDI) + (33%*RI) = PCI. The PCI category break points below were developed during the Town’s 2018 survey update and were adopted for the 2023 survey in an effort to maintain consistency in the Town’s use of descriptive terminology as they relate to the PCI condition score ranges. In 2019, the Town Mayor and Council adopted the use of letter grades to assist in simplifying the interpretation of the condition score ranges. The criteria used at that time were as follows: A = 85 to 70; B = 70 to 60; and C = 60 to 50. These letter grades are not reflected in Table 1.1 as there is no industry standard for their application and every agency’s definition of each letter grade is a matter of local perception. Table 1.1: Town of Fountain Hills, AZ PCI Ranges by Percent Pavement Condition Index (PCI) Range Condition Description Total Distance (Miles) Total Area (Sq. Yd.) Percent of Network by Centerline Miles 86 – 100 Excellent 27.28 606,319 16.4% 71 – 85 Very Good 54.03 1,217,767 32.5% 61 – 70 Good 30.76 636,866 18.5% 51 – 60 Fair 26.77 534,470 16.1% 41 – 50 Marginal 17.23 337,707 10.4% 26 – 40 Poor 9.43 184,142 5.7% 0 – 25 Very Poor 0.93 15,395 0.6% Total of Rated Segments 166.44 3,532,666 100% 5 | P a g e Figure 1.1 Town of Fountain Hills, AZ PCI Distribution 6 | P a g e Figure 1.2: Town of Fountain Hills, AZ Surface Type Distribution 7 | P a g e 1.1 Condition Results RAS’s pavement analysis tool, Road Technical Rating Intelligence Program (Road TRIPTM), was used to evaluate and classify the pavement distresses, and calculate the SDI. The SDI is a numerical rating of the pavement condition based on the type, severity, and density of distresses observed on the pavement surface. The SDI is a measure of the overall serviceability provided by a pavement to the vehicle driver. The IRI value is normalized to provide a Roughness Index (RI) between 0 and 100 for the initial calculation of the final PCI value, which is a combination of the SDI and the RI; calculated using a weighted average: PCI = 67%*SDI + 33%*RI. At the time of this evaluation, the weighted arithmetic average PCI for all roads was 69. Following the categories from Table 1.1, the network is currently in a ‘Good’ condition. 1.2 Budget Scenarios RAS performed several five-year maintenance and preservation program scenarios for the Town of Fountain Hills, AZ. Fountain Hills has a budget of $2,125,000.00 per year assigned to optimized maintenance and rehabilitation activities. While the Town’s actual budget is $2,500,000; 15% of that budget was removed to cover other expenses such as administrative overhead, inspection, etc. In addition, The Town has an additional funding source from the CARES Act that equates to $10,000,000 and using the same logic presented above, 15% of the funding was removed to cover other expenses. As such, the CARES Act funding used in the model after removing administrative expenses was $8,500,000. This funding was spread over Fiscal Years 23 and 24 evenly and used to target pre-incorporation residential roadways that required full reconstruction or major rehabilitation. RAS also ran 9 additional scenarios with budgets below and above the Town’s annual budget. All of the additional budget runs also accounted for the $8,500,000 in CARES Act funding that was used to target residential roadways. These budgets were applied in the Budget Optimization Street Selector (BOSSTM) software, for the development of a financially optimized 5-year plan. Optimization is a broad-based term that has many different definitions. For most pavement management systems, optimization is the ability to prioritize a multi-year rehabilitation plan using several different factors that are important to Fountain Hills and based on sound engineering constraints. RAS infuses financial optimization by identifying two key components of a financial analysis: • Need Year – when a road/segment becomes critical, meaning it is getting closer to dropping into the next more expensive rehabilitation category. • Cost of Deferral – identifying the cost of deferral between a road/segment’s current rehabilitation category and its next category. Understanding the “Cost of Segment Deferral” allows the analysis to maximize the Town’s limited funds in the best manner possible. Using information provided by the Town, RAS pavement management experience, and industry standards, RAS assigned the PCI impact to each maintenance activity and is presented in Tables 7.1 to 7.4. A 5% inflation rate per year was applied to the maintenance and rehabilitation activity costs in the 5-year models. 8 | P a g e Commonly Used Acronyms • AC Asphalt Concrete • ASTM American Society for Testing and Materials • BR Brick • GR Gravel • GPS Global Positioning System • IRI International Roughness Index • LCMS Laser Crack Measurement System • PCI Pavement Condition Index • PCC Portland Cement Concrete • PCS POS Computer System • SDI Surface Distress Index • RI Roughness Index • POS Position and Orientation System • RAC Roadway Asset Collection vehicle • RAS Roadway Asset Services • Road TRIPTM Road Technical Rating Intelligence Program • ROW Right-of-way • UNS Unsurfaced 9 | P a g e 2 Introduction An asphalt pavement surface begins to oxidize and deteriorate from the day it is constructed. While concrete pavements may have longer durability, they also began deteriorating after construction due to joint failure and subgrade weakening. Many factors affect the deterioration rate, such as, but not limited to, the traffic loads, climatic conditions, age, material durability, subgrade support, damage caused by poor drainage, and construction materials and techniques. These factors cause the deterioration rate to be different for every pavement section. To manage a large pavement network, “family performance” curves are developed from available data to represent the expected performance and to help determine optimal times to apply preventive and rehabilitation treatments. To develop more accurate curves, periodic evaluations and assessment of the pavement condition must be performed to gain a realistic representation of condition versus age of the pavement network. Pavement deterioration is a non-linear process and initial deterioration occurs at a slow rate. After approximately 40% to 50% of a pavement’s service life, a pavement segment reaches an “inflection point’ after which pavement condition rapidly deteriorates. Understanding the condition and age at which this rapid drop in condition occurs is unbelievably valuable in determining the optimal time for maintenance as displayed in Figure 2.1. Properly understanding pavement conditions allows for cost effective preventive maintenance versus reactive rehabilitation at a much higher cost. Standard industry practice is to assess a pavement network every three to five years. More frequent assessments will likely not detect significant changes in condition. More than five years between assessments will likely miss critical changes and will not provide adequate data to define a deterioration curve where preventive maintenance is best applied. RAS recommends assessments every three years for networks greater than 100 miles. Local and residential streets can be delayed to every five years, because they are expected to deteriorate at a slower rate compared to arterial/collector streets. Local street deterioration is based on climatic conditions more than traffic loads. However, if funding is not separated by arterial/collector streets versus local streets, the assessments should be done in the same year to provide equivalent information for the decision process. Here, we describe the tools, processes and procedures used to collect and analyze pavement condition data as well as provide a summary of the results obtained from calculating each segment’s Pavement Condition Index (PCI). 10 | P a g e Figure 2.1: Deterioration Curve Example Figure 2.2: Town of Fountain Hills, AZ Inspection Breakdown 11 | P a g e Table 2.1: Town of Fountain Hills, AZ Inspection Breakdown Item Description Centerline Miles Percent of Centerline Miles 1 Asphalt Segments with PCI 109.16 64.9% 2 Pre-Incorporation Asphalt Segments with PCI 57.28 34.1% Total 168.22 100% Figure 2.3: Town of Fountain Hills, AZ Roadway Network (Collection Status) 12 | P a g e 3 Project Scope & Methodology The overall project scope of work contains seven tasks outlined below: 1. Verify the Town’s Street network, 2. Perform mobile image data collection, 3. Determine the Pavement Condition Index (PCI), 4. Determine International Roughness Index (IRI), 5. Determine the Surface Distress Index (SDI), 6. Budget Analysis in the BOSS software, 7. Prepare pavement final report. 3.1 Pavement Condition Assessment Roadway Asset Services, LLC (RAS) performed a pavement condition survey for Fountain Hills, AZ beginning November 3, 2022 and completed on November 12, 2022, covering approximately 168.22 centerline miles of roadway. RAS used a Roadway Asset Collection (RAC) vehicle to collect street level ROW images and Laser Crack Measurement System (LCMS-2) pavement images. The collected LCMS-2 pavement images were used to identify street segment pavement distresses and severities through analysis, while the 360-degree panoramic ROW images were used to confirm pavement distresses. Roadway networks are usually divided into three pavement surface types: asphalt (AC), Portland cement concrete (PCC), and unsurfaced (UNS). Due to the nature and scope of the project, pavement imagery and data were only collected on paved surfaces such as asphalt, pre-incorporation asphalt, and concrete roads. These types of roads (AC and PCC) account for most of the Town’s roadway, at approximately 166.44 centerline miles (98.9%) of total centerline miles (Table 2.1, Figure 2.2). To determine the general distress characteristics of each roadway segment, RAS utilized a RAC vehicle, which combines multiple engineered technologies to collect real-time pavement data, ROW data, and images at posted speed limits. This eliminates the need to place pavement inspection technicians in the field near vehicle traffic. A detailed listing and description of the RAC equipment is included in Section 10.0 of this report. Mobile image collection of the Town’s roadway network was accomplished through coordination with the Town’s GIS map provided for the survey areas, as displayed in Figure 3.1. Efforts associated with mobile image collection included review of client GIS street centerline file, route planning based on GIS street centerline, and coordination of existing construction projects along the Town’s streets. This project applied the ASTM D6433-11 ‘Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys’ pavement condition analysis method on collected LCMS-2 images to determine the road segment and network SDI. The ASTM D6433-11 method covers the process of quantifying pavement conditions and identifies pavement distress types, distress extent measurements, and distress severity to determine the deduct values for each distress type. ASTM D6433-11 outlines the method of SDI value calculation, which includes determining the deduct values, correcting for number of distresses in each survey sample, and calculating the PCI value by subtracting the maximum deduct value from one hundred. The ASTM D6433-11 procedure also outlines how the road network is divided into sections and sample units; first identifying the branches of the pavement with different uses, then dividing each branch into sections based on pavement design, construction history, traffic, and condition. RAS used the segmentation defined by Fountain Hills in their provided GIS database files. RAS used the option to evaluate 100% of the length of each 13 | P a g e lane driven by the RAC vehicle. Instead of averaging the number of sample units inspected within each section, RAS provided one PCI score, which was determined by measuring all the distresses and IRI within the driven lane to calculate the PCI for the entire section. Figure 3.1: Town of Fountain Hills, AZ Network Coverage Map 14 | P a g e The RAS RAC vehicle collects pavement and ROW images concurrently, approximately every 20 feet along each street segment. All pavement rating is done automatically through RAS’s Road Technical Rating Intelligence Program (Road TRIPTM) to ensure accurate distress capture and to minimize false positives using proper sensor settings and sound engineering definitions for each distress. International Roughness Index (IRI) and longitudinal profiles were collected using an ICC inertial profiling system in accordance with ASTM E950, AASHTO Standard M328-14, AASHTO R43-13, and AASHTO Standard R56-14. For the network collection project, RAS collected IRI data and presented the results in the final database based on the following: • Line lasers were used in each wheel path to increase repeatability of measurements and to reduce variability due to wheel path cracking and concrete tinning. • The ICC profiler routinely achieves 98%+ cross-correlations on certification sites, making it one of the most accurate devices available for IRI and profile measurement. • The operation and verification of the inertial profiling system shall be expertly conducted in accordance with AASHTO Standard R57-14. ROW images were also collected as part of this project. The RAC vehicle is configured with a Point Gray Ladybug 5+ 32MP 360-degree camera to provide a full panoramic image of the ROW, displayed in Figure 3.2. The images were captured at roughly 20-foot intervals and were post-processed using collected inertial and GPS data. The measuring of pavement width is accomplished utilizing the calibrated Ladybug imagery in conjunction with the LCMS-2 imagery and inertial GPS data. Using the 360-degree view of the ladybug, RAS can accurately and repeatably measure from edge of pavement to edge of pavement for each road segment. This provides a more accurate area calculation for better budgeting and forecasting. For cul-de-sac sections an average width measurement is taken for the straight portion and the bulb. RAS can also calculate the areas of each segment independently and get a true area of the cul-de-sac section. The length of a road segment is determined from the GIS database provided by the Town. RAS understands that the GIS is not always 100 % accurate. In these cases, after collection is complete, RAS can use the GPS trajectory of the van to determine the true beginning and ending of the road to get a more accurate length and ultimately more accurate area measurement. 15 | P a g e Figure 3.2: Right-of-Way Image Example 3.2 Pavement Condition Index (PCI) Calculation A pavement distress inventory consists of identifying specific pavement surface distress types that are associated with degradation of a pavement surface due to traffic loads, environmental factors, lack of maintenance and other anthropogenic or natural occurrences. The distress type is then assigned a severity rating (low/medium/high), and the extents of the distress type and severity are recorded. For this project, the pavement distress types, causes and measurements were inventoried utilizing the ASTM D6433-11 method. The inspections covered 100% of the length of a section for the outside lane of travel. Each street segment’s PCI was calculated utilizing Road TRIPTM. The calculation tool within Road TRIPTM is based on the ASTM D6433-11 method of calculating a street segment’s PCI value using the observed pavement distresses and severities in the inventory database and ASTM D6433-11 deduct curves for each distress type in combination with a normalized IRI value called a Roughness Index. 3.3 International Roughness Index (IRI) Calculation and Analysis As part of this project, IRI values were collected along the survey segments utilizing a high-speed three laser profiler. The IRI is a general measurement of the ride quality of a street section and was performed in accordance with AASHTO R 43-07 and ASTM E950. IRI indexes were obtained from measured longitudinal road profiles and were processed using a quarter-car model at 52.80-foot intervals (0.010/mi). RAS utilized a three-laser surface profiling system for evaluating the smoothness of the pavement. The profiler uses infrared lasers and precision accelerometer to obtain accurate and precise profile measurements. The values reported to the Town are in units of inches per mile. It should be noted that IRI indexes can “spike”, resulting in erroneous data being reported along sections of roads where slow speeds (below 15mph) are involved. Another cause of data spikes are abrupt stops caused by stop signs, slow going traffic, or road characteristics (gutter pans, manholes, etc...). Categorization of IRI indexes can vary from state to state and are typically determined by the agency (e.g., City, DOT, County, etc.). For this report, the results have been based on a common category system that has been in 16 | P a g e use by a variety of agencies (Table 3.1). The values for IRI should range from 0 to 550 inches/mile. Any values above 550 inches/mile are flagged and changed to be equal to 550 in/mi as they are caused by several reasons mentioned above. The lower the IRI number, the smoother the ride and conversely, higher the values indicate a rougher ride using IRI. Table 3.1: IRI Category Ranges by Miles & Percent of Area IRI Category IRI Value (in/Mile) Normalized IRI Value Centerline Miles % of Area Excellent < 136 86 – 100 24.96 18.59 Very Good 137 - 209 71 – 85 57.95 36.53 Good 209 - 257 61 – 70 33.60 18.97 Fair 258 - 305 51 – 60 18.80 9.90 Marginal 306 - 353 41 – 50 9.80 5.18 Poor 354-426 26 – 40 8.93 4.53 Very Poor > 426 0 – 25 12.40 6.03 4 Description of Distress Analysis Fully automated distress reduction methods are used to classify and rate the distress; therefore, acceptance checks are performed by viewing the pavement images. The data collection vehicle includes software programs that overlay the distress ratings directly on the pavement image to allow viewing of the image and ratings together. Checking of distress ratings is a manual process in which samples of data are visually inspected for accuracy of the ratings. Since distress rating checks are very time-consuming, we commonly begin sampling checks before data collection/rating is complete. Because of this overlap, there is an opportunity to promptly re-collect or resurvey any sections with data that do not meet quality criteria. Everything captured in the survey vehicle is GPS-tagged and allows for real time QC to ensure nothing is missed during data collection. RAS post-processes the pavement and Right-of-Way (ROW) imagery from the RAC vehicle for each day of image collection. A data collection session, which is referred to as a survey, begins when the RAC crew selects “Start” in the collection software on board the RAC vehicle and ends when they select “Stop.” In a single day, we will collect multiple survey sets. With a completed day of collection, RAS pavement engineers and GIS analysts use Pavemetrics® Road Inspect Software to generate all the source data used by Road TRIPTM. Every survey set is linked to a uniquely identified road segment, which is used as an identifier during the analysis of the sample area, then identification of the distress extent / severity, and ultimately the distress density for each road segment is added to the database. Figure 4.1 shows a few of the different tool’s RAS utilized within Road TRIPTM during the QC process. In the upper left corner, we can observe the segment ID, all the images linked to that segment, the rated distresses and exercise the option to manually add a patch area if the Road TRIPTM tool has not identified the patch. RAS utilizes Microsoft® Azure Computer Vision algorithm to identify patches. The algorithm has been specially tested and trained by RAS to produce accurate patch detection. The upper right corner displays the Ladybug images, which the user can toggle between forward, left, right, right-rear, or left-rear facing views. The lower left corner lists 17 | P a g e the distresses rated in the segment selected with the severity, quantity, density and how many points are deducted from the SDI based on the ASTM D6433-11 deduct curve values. The lower right corner displays the rutting measured by the Laser Profiler and visually displayed by the LCMS-2 3D data. Figure 4.1: RAS Pavement Analysis Tool Example This method of pavement distress inventory provides a quantifiable and repeatable process to the Town. Each street segment, in conjunction with the pavement and ROW imagery, allows pavement engineers to review each road segment, allowing for an open quality control process that is defendable and repeatable. Road TRIPTM uses the depth map created by the Laser Crack Measurement System (LCMS) to locate the valleys and fissures within the surface of the roadway. These valleys and fissures are then measured and rated. Figures 4.2 and 4.3 display an example of distress overlay images. 18 | P a g e Figure 4.2: LCMS Post PCI Processing Image The yellow line indicates the boundary of rated sample, green, yellow, and red dotted lines indicate longitudinal and transverse cracking (LT) of low, moderate, and high extent. The blue lines are sealed cracks detected by the LCMS and are attributed to the low severity linear crack category. The pink, magenta, and violet lines indicate areas of low, moderate, and high severity alligator cracking that has been filtered because it does not meet minimum length or width requirements. The measurements on the right side of the image are the length for longitudinal / transverse (LT) cracking in meters, the area in square meters for alligator cracking (Acrk) and the number of potholes (Pot) or count. Refer to Figure 4.3 for an example. The LCMS has been set up to follow the ASTM D6433 protocols to determine the severity of each distress. Each distress is defined by ASTM D6433, and the severity levels are presented as measurable attributes of the distress. For example, longitudinal and transverse cracks are defined by the crack width; where non-filled cracks with a width less than 3/8 inch or filled cracks of any width are considered low severity. Moderate severity is defined as non-filled cracks with a width between 3/8 inch and 3 inches. High severity is defined as cracks greater than 3 inches in width or those surrounded by moderate to high severity cracks. The overlay images provide a visual means by which to review the sensor. 19 | P a g e Figure 4.3: Example of Distress Overlay Images 20 | P a g e 5 Results The overall pavement network health of the Town of Fountain Hills can be assessed by reviewing Figure 5.1 in more detail. This graph illustrates the percentage of the network by area that falls into each descriptive condition category. A few areas for review are as follows: • Shape of Distribution – the graph illustrates a distribution that is shifted to the right and peaks between a PCI of 71 to 85. This is indicative of a municipality that has an ongoing maintenance program and is actively re-investing in the roadway network using preventative measures. • Average PCI – The Town’s network average PCI score is 69 and slightly above the averages that are typically seen across the Country between a 60 to 65. • Excellent Roads – Currently 16.4% of the Town’s roadways fall into the Excellent condition category which is slightly above the average of 15%. This is also indicative of an agency that is actively re-investing in the roadway network. • Backlog – these are the roads that fall below a PCI of 40 and land in the Poor or Very Poor condition categories. Currently less than 6% of the roadway network falls into this category, which is a healthy number. However, current status can often be deceiving as backlog can grow at an alarming rate. The funding scenarios discussed further in this report will illustrate that the Town’s current budget is not adequate to arrest the growth in backlog over the next 5-year period. Table 5.1: Town of Fountain Hills, AZ Condition Scale Pavement Condition Index (PCI) Condition Description 86 – 100 EXCELLENT 71 – 85 VERY GOOD 61 – 70 GOOD 51 – 60 FAIR 41 – 50 MARGINAL 26 – 40 POOR 0 – 25 VERY POOR 21 | P a g e 5.1 Pavement Condition Index Results Table 5.2: Town of Fountain Hills, AZ PCI Ranges by Percent of Centerline Miles Pavement Condition Index (PCI) Range Condition Description Total Distance (Miles) Total Area (Sq. Yd.) Percent of Network By Centerline Miles 86 – 100 Excellent 27.28 606,319 16.4% 71 – 85 Very Good 54.03 1,217,767 32.5% 61 – 70 Good 30.76 636,866 18.5% 51 – 60 Fair 26.77 534,470 16.1% 41 – 50 Marginal 17.23 337,707 10.4% 26 – 40 Poor 9.43 184,142 5.7% 0 – 25 Very Poor 0.93 15,395 0.6% Total of Rated Segments 166.44 3,532,666 100% Figure 5.1: Town of Fountain Hills, AZ PCI Ranges by Percent of Area 22 | P a g e Figure 5.2: Town of Fountain Hills, AZ PCI Ranges by Percent of Area for Asphalt Roads Figure 5.3: Town of Fountain Hills, AZ PCI Ranges by Percent of Area for Pre- Incorporation Asphalt Roads The PCI value for each road segment can be viewed in the Town’s database. The average of the road segment PCI values for the collected roads within the survey areas was calculated to be 69 at the time of collection. This value indicates the roadway network is in a ‘Good’ condition. 23 | P a g e Figure 5.4 displays the Pavement Condition Index distribution throughout the Town’s survey area. Figure 5.5 displays an example zoomed-in PCI map with the actual PCI values for each roadway section. Figure 5.4: Town of Fountain Hills, AZ PCI Distribution Map 24 | P a g e Figure 5.5: Town of Fountain Hills, AZ PCI Example Map 25 | P a g e 5.2 International Roughness Index Results Figure 5.6 displays the International Roughness Index distribution (IRI) throughout the Town’s survey area roads. Figure 5.7 displays an example zoomed-in IRI with the normalized IRI values for each roadway section. Figure 5.6: Town of Fountain Hills, AZ IRI Distribution Map 26 | P a g e Figure 5.7: Town of Fountain Hills, AZ Normalized IRI Example Map 27 | P a g e 5.3 Distress Breakdown by Severity Figure 5.8 and Table 5.3 display the types of distresses found on the Town’s asphalt roads. Figure 5.8: Town of Fountain Hills, AZ Asphalt Distress Breakdown Table 5.3: Town of Fountain Hills, AZ Asphalt Distress Breakdown by Severity Asphalt Distress Breakdown by Severity Type Low Moderate High Alligator Cracking 0.7% 0.1% 0.0% Block Cracking 4.3% 0.1% 0.0% Long / Trans Cracking 8.6% 1.0% 0.0% Patching 0.3% 0.0% 0.0% Potholes 0.0% 0.0% 0.0% Rutting 0.2% 0.0% 0.0% Weathering 84.5% 0.1% 0.0% 28 | P a g e 6 Pavement Maintenance/Preservation Funding RAS performed several five-year pavement maintenance and preservation program scenarios for the Town’s consideration using the Budget Optimization Street Selector (BOSSTM) software. The analysis runs a series of 10 profile models of increasing budgets to define how the Town’s budget will impact network PCI and network backlog. The scenarios include very small budgets, well below current funding and very large scenarios, well above current funding levels. The results from all scenarios are then used to establish a funding level trend. This approach will answer specific funding questions asked at the time of analysis but will also provide a method to answer funding questions after the analysis is complete. Most segments that are collected are also analyzed. However, in some cases this may not be the case, and certain totals such as lengths or segment counts may differ between collection and analysis. This includes, but is not limited to, requests from the client, legally disputed areas, and roads that the client is not required to maintain. 7 Scenarios and Budget Estimates 7.1 Deterioration curves Deterioration curves were established for each roadway pavement type (asphalt and pre-incorporation asphalt) and follow similar degradation standards as outlined by ASTM D6433 and the US Army Corps of Engineers. A degradation analysis was attempted through comparison of the new 2022 inspection data to the Town’s legacy data captured in 2018. To do so, RAS analyzed the deterioration of roadways that had not received treatment during that time to better understand the rate of degradation. In future pavement condition assessments, it is always suggested that the current consultant conduct a thorough comparison of the current inspection data against the previous condition assessment. Such an analysis will allow for further refinement of the pavement deterioration curves to ensure they reflect reasonable rates of degradation in Fountain Hills. This should be conducted after every pavement condition update. Reviewing deterioration rates for unmaintained roads as part of each condition data collection cycle and adjusting deterioration curves is a recommended best practice. The pavement deterioration curves were assembled to establish a 100 - 0 deterioration curve for each pavement type. The curve represents the deterioration of roads without maintenance applied such that appropriate maintenance and rehabilitation can be triggered at the appropriate time. As seen in the typical pavement degradation curve illustrated in Figure 7.1 on the following page, the purpose of pavement management is to trigger an appropriate rehabilitation on the right road and at the right time in an effort to maximize the roadways design life and reduce the total cost of roadway ownership. 29 | P a g e Figure 7.1: Typical Pavement Life Cycle Curve 7.2 Treatment Activities and Cost Tables 7.1 to 7.4 summarize the maintenance strategy for roads within a PCI range, the cost of the maintenance per square yard, and the assumed PCI impact for each type of maintenance. The costs displayed in Tables 7.1 to 7.4 show the unit rate for roads with different strengths (defined by calculating the density of load associated distresses for each segment), where the rates are increased to consider structural patch work needed in the moderate and weak roads, these are Identified with Patching x1 and Patching x2 respectively. The treatment activity “Full Depth Reconstruction + Subgrade Prep” is for Pre-Incorporation Asphalt roads and have a different PCI range (0 to 60) than typical asphalt roads (0 to 40). A 5% inflation rate per year was applied to the maintenance and rehabilitation activity costs in the 5-year models. Table 7.1: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Arterial Roads) (Inflated to 2023 Rates) Treatment Min PCI Critical PCI Max PCI Cost per SY Priority Reset Value Do nothing 85 97 100 $0.00 500 0 Surface Preservation 70 73 85 $1.58 300 +10 Surface Preservation + Patching x1 70 73 85 $2.63 200 +10 Surface Preservation + Patching x2 70 73 85 $3.68 200 +10 Micro Surface 60 63 70 $4.73 100 +20 Micro Surface + Patching x1 60 63 70 $5.78 100 +20 Micro Surface + Patching x2 60 63 70 $6.83 100 +20 Mill & Overlay 40 43 60 $67.69 500 Fixed 95 Mill & Overlay + Patching x1 40 43 60 $68.74 300 Fixed 95 Mill & Overlay + Patching x2 40 43 60 $69.79 300 Fixed 95 Surface Reconstruction 30 33 40 $70.35 200 Fixed 99 Surface Reconstruction + Patching X1 30 33 40 $71.40 500 Fixed 99 30 | P a g e Table 7.2: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Alleys) (Inflated to 2023 Rates) Treatment Min PCI Critical PCI Max PCI Cost per SY Priority Reset Value Do nothing 85 97 100 $0.00 500 0 Surface Preservation 70 73 85 $1.58 300 +10 Surface Preservation + Patching x1 70 73 85 $2.63 400 +10 Surface Preservation + Patching x2 70 73 85 $3.68 400 +10 Slurry Seal 60 63 70 $3.60 100 +20 Slurry Seal + Patching x1 60 63 70 $4.65 100 +20 Slurry Seal + Patching x2 60 63 70 $5.70 100 +20 Mill & Overlay 40 43 60 $50.77 200 Fixed 95 Mill & Overlay + Patching x1 40 43 60 $51.82 200 Fixed 95 Mill & Overlay + Patching x2 40 43 60 $52.87 200 Fixed 95 Full Depth Reconstruction 0 20 40 $57.11 300 Fixed 99 Full Depth Reconstruction + Subgrade Prep 0 40 60 $67.69 200 Fixed 99 Table 7.3: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Collector Roads) (Inflated to 2023 Rates) Treatment Min PCI Critical PCI Max PCI Cost per SY Priority Reset Value Do nothing 85 97 100 $0.00 600 0 Surface Preservation 70 73 85 1.58 500 +10 Surface Preservation + Patching x1 70 73 85 2.63 500 +10 Surface Preservation + Patching x2 70 73 85 3.68 300 +10 Slurry Seal 60 63 70 3.60 100 +20 Slurry Seal + Patching x1 60 63 70 4.65 100 +20 Slurry Seal + Patching x2 60 63 70 5.70 100 +20 Mill & Overlay 40 43 60 50.77 300 Fixed 95 Mill & Overlay + Patching x1 40 43 60 51.82 200 Fixed 95 Mill & Overlay + Patching x2 40 43 60 52.87 200 Fixed 95 Surface Reconstruction 30 33 40 53.55 200 Fixed 95 Surface Reconstruction + Patching X1 30 33 40 54.60 300 Fixed 95 Surface Reconstruction + Patching x2 30 33 40 55.65 500 Fixed 99 Full Depth Reconstruction 0 20 30 57.11 400 Fixed 99 Full Depth Reconstruction + Subgrade Prep 0 40 60 67.69 200 Fixed 99 31 | P a g e Table 7.4: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Local Roads) (Inflated to 2023 Rates) Treatment Min PCI Critical PCI Max PCI Cost per SY Priority Reset Value Do nothing 85 97 100 $0.00 500 0 Surface Preservation 70 73 85 $1.58 200 +10 Surface Preservation + Patching x1 70 73 85 $2.63 300 +10 Surface Preservation + Patching x2 70 73 85 $3.68 400 +10 Slurry Seal 60 63 70 $3.60 100 +20 Slurry Seal + Patching x1 60 63 70 $4.65 100 +20 Slurry Seal + Patching x2 60 63 70 $5.70 100 +20 Mill & Overlay 40 43 60 $33.84 200 Fixed 95 Mill & Overlay + Patching x1 40 43 60 $34.89 200 Fixed 95 Mill & Overlay + Patching x2 40 43 60 $35.94 200 Fixed 95 Full Depth Reconstruction 0 20 40 $40.18 300 Fixed 99 Full Depth Reconstruction + Subgrade Prep 0 40 60 $50.77 200 Fixed 99 Each maintenance strategy has a critical and non-critical PCI range. Streets that are not maintained when they are in critical range will deteriorate into the next category of maintenance and will become more expensive the following year. The analysis prioritizes segments in the critical PCI range over segments that are in the non- critical PCI range. Given an unlimited budget, the analysis will select all segments in the critical PCI range followed by all segments in the non-critical PCI range. Each maintenance strategy has a Cost of Deferral Priority which prioritizes selections within the critical PCI range (within 2-4 points of dropping into the next rehabilitation activity) and within the non-critical PCI range. The order is sequenced by prioritizing the segments that cost more to defer than segments that cost less to defer, starting with the critical segments first. For example, the cost of deferring a critical Micro Surface at $4.73/sqyd to a mill & overlay at $67.69/sqyd is $62.96/sqyd. The cost of deferring a mill & overlay at $67.69/sqyd to a full reconstruction at $ 70.35/sqyd is $2.66/sqyd. The financially optimized model will prioritize the critical selections first and if there is funding left over, non-critical selections will then be selected and prioritized using the very same cost of deferral sequencing. 7.3 Scenarios A variety of scenarios have been run to provide an understanding of the relationship between funding levels and the corresponding impact to network PCI and backlog. For this analysis, all roads having a PCI < 40 were considered backlog. 7.3.1 Do-Nothing The Do-Nothing budget models the impact of applying zero maintenance. While it is not a scenario that occurs in practice, the Do-Nothing budget provides an understanding of the rate at which the level of service of the street network will deteriorate without maintenance and ensures the modeling engine is properly applying deterioration over time. In Figure 7.2 (page 35) The blue line represents the PCI trend if there is zero maintenance applied for the next 5 years. The network PCI would drop to 57 as well as increasing the backlog to 22.5%. 32 | P a g e 7.3.2 Unlimited Funding (Fix All) and Distribution of Costs The Fix All analysis identifies the current maintenance deficiency of the network. Based on the Fix All analysis, the Town needs a total budget of $64,000,424 to treat all roads with an appropriate maintenance and rehabilitation activity based on its current condition. The Town’s greatest maintenance need by funding is the Full depth reconstruction + subgrade prep for Pre-Incorporation Asphalt with 75.03% percent of the total cost for a total of $48,025,763. It is important to note that a Micro Surface or a Slurry Seal has the highest cost of deferral and if critical roadways in this category are deferred, they will increase the already growing backlog of the network. 33 | P a g e Table 7.5: Town of Fountain Hills, AZ – Fix All Analysis by Treatment Type Pavement Type Treatment Code Treatment Area (%) Cost ($) Cost (%) Asphalt 200 Surface Preservation 31.57% 1,491,471 2.33% Asphalt 202 Surface Preservation + Patching x2 1.89% 208,083 0.33% Asphalt 300 Micro Surface 0.49% 69,268 0.11% Asphalt 302 Micro Surface + Patching x2 1.98% 405,237 0.63% Asphalt 310 Slurry Seal 10.86% 1,169,345 1.83% Asphalt 312 Slurry Seal + Patching x2 4.09% 697,634 1.09% Asphalt 400 Mill & Overlay 3.45% 3,689,378 5.76% Asphalt 402 Mill & Overlay + Patching x2 4.46% 5,359,328 8.37% Asphalt 600 Full Depth Reconstruction 1.12% 1,534,789 2.40% Pre- Incorporation Asphalt 200 Surface Preservation 3.67% 173,277 0.27% Pre- Incorporation Asphalt 202 Surface Preservation + Patching x2 0.04% 4,196 0.01% Pre- Incorporation Asphalt 300 Micro Surface 0.54% 76,874 0.12% Pre- Incorporation Asphalt 302 Micro Surface + Patching x2 0.78% 158,509 0.25% Pre- Incorporation Asphalt 310 Slurry Seal 1.99% 214,557 0.34% Pre- Incorporation Asphalt 312 Slurry Seal + Patching x2 4.24% 722,715 1.13% Pre- Incorporation Asphalt 610 Full Depth Reconstruction + Subgrade Prep 28.83% 48,025,763 75.03% 7.3.3 Steady State Network PCI (SS PCI) The Network PCI is generally accepted as the street networks measure of level of service to the community. The purpose of the Steady State Network PCI analysis is to identify the budget needed to maintain the network PCI as it was surveyed in 2022 and provide a steady level of service to the community. 34 | P a g e Approximately $3,200,000 per year is needed to maintain a Network PCI of 69. However, looking at PCI alone does not tell the whole story as backlog continues to grow while the network average PCI is maintained. At this funding level, the network average backlog would grow to 12.5% of the network. Figure 7.2 indicates that a budget of approximately $3,200,000 per year is needed to maintain a network PCI of 69 and maintain a consistent level of service to the community. This budget scenario already accounts for the $8,500,000 of CARES Act funding that is being dedicated to the residential roadway network in Fiscal Year 2023 and Fiscal Year 2024. The remaining $3,200,000 Steady State PCI budget was optimized to select maintenance and rehabilitation candidates in the most financially sound manner possible using a cost of deferral analysis that identifies critical roadways. Figure 7.2: Town of Fountain Hills, AZ - PCI Trend by Budget Scenario 7.3.4 Steady State Backlog Budget (SS Backlog) Backlog is the term generally used to describe roads that have a PCI equal to or less than 40 and need surface or full reconstruction. These roads provide the worst level of service to the community and are the most expensive to repair. The purpose of the Steady State Backlog analysis is to identify the budget needed to maintain the network backlog as it was surveyed in 2022 and not let the percent of lowest service level roads increase. Approximately $6,500,000 annually is needed to maintain a Network backlog of 5.3%. Figure 7.3 can be used to predict the Town’s backlog at different budget levels. 35 | P a g e Figure 7.3: Town of Fountain Hills, AZ - PCI Trend by Budget Scenario 7.3.5 Sample Maintenance Budgets versus PCI Improvement Ten sample maintenance budgets were run to define the relationship between budget levels and network PCI. The 5-year budget scenario is set to start in fiscal year 2023 and end in fiscal year 2028. With the Town’s current budget, the network’s condition will decrease to 67 and the backlog will increase to 15.3% in Fiscal Year 2028. This budget scenario already accounts for the $8,500,000 of CARES Act funding that is being dedicated to the residential roadway network in Fiscal Year 2023/24 and Fiscal Year 2024/25. The remaining $2,125,000 Town annual budget was optimized to select maintenance and rehabilitation candidates in the most financially sound manner possible using a cost of deferral analysis that identifies critical roadways. Figure 7.4 can be used to answer and predict the network PCI at any funding level between $0 per year and $7,000,000 per year. Figure 7.4 was used to predict the PCI at the following budgets in Table 7.7. Fix All = $64M Average PCI = 85 Minimum PCI = 73 36 | P a g e Figure 7.4: Town of Fountain Hills, AZ - Predicted 5-Year Pavement Condition Index Outlook Table 7.6: Town of Fountain Hills, AZ - Predicted 5-Year Overall Condition Index Outlook Budget Network PCI $1,000,000.00 66 $1,500,000.00 67 $2,000,000.00 67 $2,500,000.00 68 $3,000,000.00 69 $4,000,000.00 70 $5,000,000.00 72 $6,000,000.00 75 $7,000,000.00 77 8 Summary In conclusion, Fountain Hills pavement is in good condition with a network average PCI of 69. However, it is worth nothing that this is a network wide average, resulting in roadways that are much higher and much lower than the average. At the Town’s current level of funding ($2.125M annually), the Town’s backlog (roads below a PCI of 40) continues to grow to 15.3% over the next 5 years, larger than the target backlog of 8%. The biggest challenge for Town staff will be to determine the level of rehabilitation necessary for pre-incorporation roadways and those level of service decisions will directly impact future funding requirements. In addition, there will come a point in each roadway’s life cycle where it no longer benefits from preservation and will need more progressive rehabilitation such as an overlay. The Town’s current budget of $2.125M dedicated to pavement management is insufficient to maintain the network’s current PCI of 69 and will decline to an average PCI of 67 over the next 5 years. To control the growth of backlog below the target threshold of 8% would require $5,000,000 annually and the net benefit to PCI would be a jump in the average PCI to 72. 37 | P a g e 9 Appendix I: Distress Definitions (Colorado State University) • AC Bleeding & Pumping (ft2) represents excessive use of bituminous binder in the asphalt mix. • AC Fatigue (Alligator) Cracking (ft2) is associated with fatigue due to traffic loading and visually looks like interconnected cracks forming small pieces ranging in size from about 1” to 6” typically in the wheel path. • AC Block Cracking (ft2) usually intersect at nearly right angles and range from one foot to 10’ or more across. The closer spacing indicates more advanced aging caused by shrinking and hardening of the asphalt over time. • AC Edge Cracking (ft) is parallel to and usually within 1.5 feet of the outer edge of the pavement. This distress is accelerated by traffic loading and can be caused by frost-weakened base or subgrade near the edge of the pavement. • AC/PCC Lane/Shoulder Drop-off (ft) is a difference in elevation between the pavement edge and the shoulder. This distress is caused by shoulder erosion, shoulder settlement, or by building up the roadway without adjusting the shoulder level. • AC Linear Cracking (trans/long) (ft) typically occurs in overlays where the crack is reflected through the overlaying asphalt surface. • AC Patching (ft2) is an area of pavement that has been replaced with new material to repair existing pavement. • AC Potholes (count) are small, usually less than 30 inches in diameter, bowl-shaped depressions in the pavement surface. Generally, have sharp edges and vertical sides near the top of the hole. • AC Raveling & Weathering (ft2) is loss of pavement material from the asphalt surface. Typically raveling is caused by stripping of the bituminous film from the aggregate or hardening of asphalt due to aging. Poor compaction, especially in cold weather construction, or insufficient asphalt content can also cause raveling. • AC Slippage Cracking (ft2) are crescent of half-moon shaped cracks, usually transverse to the direction of travel. They are produced when braking or turning wheels cause the pavement to slide or deform. • AC Rutting (ft2) is a surface depression in the wheel paths. • PCC Corner Break (slab count) is a crack that intersects the joints. Load repetition combined with loss of support and curling stresses usually cause corner breaks. • PCC Divided Slab (slab count) is when a slab is divided into four or more pieces due to overloading, or inadequate support. • PCC Durability “D” Cracking (slab count) is caused by freeze-thaw expansion of the large aggregate, which gradually breaks down the concrete. Usually appears as a pattern of cracks running parallel and close to a joint or linear crack. • PCC Joint Sealant Damage (slab count) is any condition that enables soil or rocks to accumulate in the joints or allows significant water infiltration. • PCC Linear Cracking (trans/long) (slab count) divide the slab in two or three pieces and are usually caused by a combination of repeated traffic loading, thermal gradient curling and repeated moisture loading. 38 | P a g e • PCC Patching, Large/Utility Cut (slab count) is an area where the original pavement has been removed and replaced by new pavement. • PCC Patching, Small (slab count) is an area where the original pavement has been removed and replaced by filler material. • PCC Polished Aggregate (slab count) is caused by repeated traffic applications. There are no rough or angular aggregate particles to provide good skid resistance. • PCC Popouts (slab count) are small pieces of pavement that breaks loose from the surface due to freeze- thaw action, combined with expansive aggregates. Usually range in diameter from 1 to 4 inches and in depth from ½ to 2 inches. • PCC Punchout (slab count) is a localized area of the slab that is broken into pieces. This distress is caused by heavy repeated loads, inadequate slab thickness, loss of foundation support or localized concrete construction deficiency. • PCC Scaling/Map Cracking/Crazing (slab count) is a network of shallow, fine or hairline cracks that extend only through the upper surface of the concrete. Usually caused by concrete over-finishing and may lead to scaling, which is the breakdown of the slab surface to a depth of ¼ to ½ in. • PCC Shrinkage Cracks (slab count) are hairline cracks usually less than 6 feet long and do not extend across entire slab. They are formed during the setting and curing of the concrete and do not extend through the depth of the slab. • PCC Spalling, Corner (slab count) is the breakdown of the slab within 1.5 feet of the corner. Usually caused by traffic loading or infiltration of incompressible materials, weak concrete and/or water accumulation and freeze-thaw action. • PCC Spalling, Joint (slab count) is the breakdown of the slab edges within 1.5 feet of the joint. Usually caused by traffic loading or infiltration of incompressible materials, weak concrete and/or water accumulation and freeze-thaw action. 10 Appendix II: Automated Data Collection Equipment 10.1 Roadway Asset Collection (RAC) Vehicle To determine the general distress characteristics of each roadway segment, RAS utilized one of our RAC vehicles, presented in Figure 10.1, to collect street level (ROW) imagery and downward (LCMS-2) pavement imagery. The RAC vehicle components include: Navigation System • Inertial Measurement Unit (IMU): Generates a true representation of vehicle motion in all three axes; producing continuous, accurate position and orientation information. • PCS: Applanix POS/LV Computer System with DGPS (Provides accurate GPS coordinates for each subsystem) enables raw GPS data from as few as one satellite to be processed directly into the system, to compute accurate positional information in areas of intermittent, or no GPS reception. • GPS Receivers: Embedded GPS receivers provide heading aiding to supplement the inertial data. Laser Crack Measuring System (LCMS-2) 39 | P a g e • GPS Antennas: Two GPS antennas generate raw observables data. • Sub-meter accuracy: The system is rated to get 0.3 m accuracy in the X, Y position and 0.5 m in the Z position. Distance Measuring Indicator (DMI) • Computes wheel rotation information to aid vehicle positioning and collect high-resolution imagery at posted speeds. Cameras • Point Gray Ladybug 5+ 32MP 360 camera (Utilized for accurate ROW asset capture and extraction). This system is far superior to multiple mounted independent HD cameras others use. Pavement Imaging System • Second-generation Pavemetrics Laser Crack Measurement System (LCMS-2) provides 1mm resolution pavement imagery for automatic and continuous measuring of pavement cracking, texture, rutting geometrics, and other pavement distresses. • LCMS-2 camera is a laser array providing images used to evaluate data that conforms with ASTM D6433 protocols and provides a detailed array of data using two 1-millimeter resolution line scan cameras. A 1mm resolution is equivalent to over 4,000 laser points across the driven lane. • Allows fully illuminated pavement image collection even in heavy shadow/canopy areas. Pavement Ride Quality • An inertial profiler with line lasers (Used to capture International Roughness Index (IRI) measurements). Ladybug 360o Right-of-Way Camera NCAT Certified 3-Laser Profiler 40 | P a g e Figure 10.1: RAS RAC Vehicle 10.2 Quality Control/Assurance All subsystems for the RAS vans are integrated using International Cybernetics Corporation’s (ICC) collection core with tight synchronization between all data streams on the van in real-time, referenced to both time and distance. All sensor locations are calibrated to the vehicle, together with the GPS and IMU, using 3D translations and rotations. This allows for the rapid calculation of the precise location of all sensor data. The RAC vehicle has received independent inertial profiler certification for accuracy and repeatability from the National Center for Asphalt Technology at Auburn University. RAS RAC image collection includes a daily check of the on-board systems. This vehicle component check includes a calibration site survey of a nine-point grid in state plane coordinates (Figure 10.2). Each morning and afternoon, before and after a day’s image collection, the RAC vehicle drives over the surveyed location. The RAC technician then extracts each point’s location to verify the location of the point extracted was within approximately three feet of the surveyed points. RAS’ QA/QC manual includes further details regarding RAC quality control procedures. Figure 10.2: 9-Point Calibration Site Example Calibration of the laser profiling system includes laser sensor checks and block tests to ensure the accuracy of the height sensors, accelerometer calibration “bounce tests” to verify proper functioning of the height sensors and accelerometers and distance calibration to ensure accuracy of the DMI. Calibration of the DMI and some accelerometers occurs during field testing, and each is checked and recalibrated on a regular basis. During image collection, the RAC technician reviews the images collected on-screen as they are collected and any issue with image clarity requires the collection run to end and the image quality issue to be resolved. This 41 | P a g e provides real-time verification that the equipment is operating correctly. Once resolved, the collection run begins from the beginning for the road segment collected. The RAC technician also monitors GPS reception during collection. If GPS reception is lost measured using positional dilution of precision (PDOP), the RAC technician stops the collection and resolves the GPS reception issue. Collection begins again once the GPS reception issue is resolved. The RAC technician will check each camera’s exposure rate, image quality and GPS and IMU operation to ensure the RAC system is recording the image, GPS, DMI and IMU data and that the GPS location is within the stated project tolerance. Each day’s image and road data collection are recorded on an RAC server. Each night, the day’s collection data is backed up to an external hard drive. The external hard drives are then mailed back to RAS’ project office where the data is placed on a production server for post-processing of images and data, quality control review and pavement distress inventory. The QC program for pavement condition data collection typically includes random sample audits, inter-rater reproducibility and data checks for accuracy and repeatability of the results. For this survey project random samples of the pavement condition data were selected and checked by the lead rater or QC personnel. If the pavement condition ratings did not meet quality standards, corrective action was taken, and the entire section was reviewed. Cameras • High-definition cameras with precision lenses allow for accurate asset extraction and video log recording, but with lower frame rate: 15 images per second, with lower 1936x1456 color resolution. Pavement Imaging System • Two line-scan cameras and lasers configured to image 4m transverse road sections with 1 mm resolution (4000 pixel) at speeds that can reach 100 km/h, upgraded to the 3D imagery of the LCMS-2 camera system. 10.3 LCMS-2 Downward-facing LCMS-2 pavement imagery is collected for use in quantifying distress type, severity, and extents present on segments of road. The resolution of the imagery allows for distresses to be easily identified and measured during the analysis portion of the contract. Pavemetrics’ Laser Crack Measurement System (LCMS) is a high-speed and high-resolution transverse profiling system. Capable of acquiring full 4-meter width 3D profiles of a highway lane at normal traffic speed, the system uses two laser profilers that acquire the shape of the pavement. Both the resolutions and acquisition rate of the LCMS are high enough to perform automatic cracking detection, macro- texture evaluation, rutting measurements, and much more. Custom optics and high-power pulsed laser line projectors allow the system to operate in full daylight or in nighttime conditions. Road profile data is collected onboard the inspection vehicle. 10.4 Profile A road profile is a set of (X,Z) data points captured along the transversal axis of the road. A profile is captured each time the LCMS controller receives a trigger signal from the vehicle's odometer. Typically, the LCMS system can capture one road profile every few millimeters (5 mm at 100km/h). Each profile consists of up to 4160 data points. This value will be referred to later in this document as being the number of points per profile. The longitudinal profile of the road is generated by measuring its shape along an imaginary line in the direction of travel or longitudinal axis of the road. The longitudinal profile can then be used to compute various roughness 42 | P a g e indexes such as the IRI (International Roughness Index). The following guidelines should be followed to ensure proper readings from the Roughness subsystem: • Maintain the recommended tire pressure. • Ensure the wheels are balanced. • Drive at speeds between 15.5 mph and 60 mph. • Avoid quick accelerations and decelerations and sudden changes in direction. A road section is a set of consecutive profiles that are merged and saved in a common file. A road section can be seen as a set of 3D coordinates (X, Y, Z), where X is the coordinate along the transversal axis of the road, Y along the longitudinal axis, and Z is the depth axis, as displayed I Figure 10.3. The road section length is configurable and is set by the user before starting the acquisition. A typical road section length is between 5 to 10 meters. Figure 10.3: LCMS Data Definition Z Y X CASC Report Page 1 Fountain Hills CITIZEN ADVISORY STREETS COMMITTEE REPORT June 20, 2023 A “FIX-ALL-NOW” PROGRAM CASC Report Page 2 The Citizens Advisory Streets Committee (CASC) was presented a mission at its first meeting on September 29, 2021, to address street conditions and funding options, and make recommendations to the Town Council. During the process of studying available data the committee concluded new information was needed to determine current street conditions and subsequently the Town authorized Roadway Asset Services in 2022 to laser-test the entire network. This Report represents the Committee’s evaluation of current data and provides recommendations to repair and maintain Fountain Hills streets. Contents I. Executive Summary II. Overview III. A Fix-All-Now Program IV. Funding Options V. Recommendations VI. Summary VII. Appendix A. Talking Points B. Pavement Lifecycle C. Additional Considerations D. A “Roadmap” Forward E. Cost Estimations F. Volunteer CASC Members CASC Report Page 3 Executive Summary The street network evaluation conducted by Roadway Asset Services, LLC (RAS) reveals that while pavement conditions in Fountain Hills are generally considered ‘good’ with an average Pavement Condition Index (PCI) of 69, nearly half of all streets fall below the average. The current annual funding level of $2.125 million is insufficient to address the backlog of streets with a PCI below 40, which is projected to increase to 15.2% over the next few years, surpassing an industry standard target backlog of 8%. The primary challenge for Town staff is determining needed repairs for pre- incorporation streets (1989), which impacts future funding requirements. It is important to note that at a certain point in pavement life cycle, maintenance preservation measures will no longer suffice, and more extensive rehabilitation, such as overlays, will be necessary and more costly. Given the current budget, the network’s average PCI is expected to drop to 67 over the next five years, highlighting the insufficiency of funds to achieve acceptable PCI levels. It is evident that “business as usual” will not yield different results in the future. To address these issues, the Citizens Advisory Streets Committee (CASC) recommends a comprehensive “Fix-All-Now” program that requires an additional $50 million in funds (including intersection improvements). This program aims to improve the street network to a “PCI 70-Threshold” level, ensuring that the existing $2.125 million street revenue sources are sufficient for future maintenance. The proposed amount considers the allocation of nearly $8 million in Federal Covid relief funds already directed by the Town Council to street repairs. Historically, funding for street improvements has relied on general funds, sales taxes, state-shared revenues, regional funds, and grants, but these sources have proven to be inadequate to prevent the deterioration of an increasing number of streets. The CASC suggests that traditional options like bonds should be considered, weighing the benefits of lower interest costs with a 5-year plan versus a higher annual secondary property tax, or higher interest costs with a 20-year plan and a lower annual tax. In summary, the CASC emphasizes the urgent need for increased funding and the implementation of a large-scale rehabilitation program. Failure to invest adequately in street infrastructure will result in significant future challenges and a continued decline in pavement conditions throughout the community. CASC Report Page 4 Overview During the past 20 months the CASC examined three street network reports: one developed in 2008 by Stantec Consultants, another in 2018 by Infrastructure Management Services (IMS), and a third in 2023 by Roadway Asset Services (RAS). During that time questions were raised, many matters were investigated, and on May 15, 2023, final CASC comments were submitted to generate this report. The Fountain Hills Street network has nearly 4.2 million square yards of pavement for which the Town has responsibilities for about 3.5 million square yards (85%), or 166 miles. The other 15% are in gated ‘communities’ where sustaining street conditions are the responsibility of a HOA. Before the Town was incorporated in 1989, many streets were constructed by developers before ‘standards’ were adopted, and many are now 34-50 years old. In the past decade maintenance/repairs have been a mix of activities totally dependent on the funds available which have varied from $1.7M to $3.9M each year. Since 2016, $14.8M has been spent on streets, nearly 70% having occurred in the past 4 years. For several decades, monies spent on streets and intersections have come from a combination of general funds including sales taxes, state-shared revenues, regional funds, and grants, but the total funds were never enough; streets continued to deteriorate. Following the Stantec Report, voters were asked in 2011 to approve an influx of new money, but a $29M, 10-year bond package was rejected 55-45. Then two years later, in 2013, voters did approve 67-33 an $8.2M, 5-year bond for the total reconstruction of a single project, Saguaro Blvd. And following the IMS Report, after the Saguaro bonds were paid off, voters were asked in 2018 to approve a $7M Primary Property Tax (PPT) with $4M being promised to be spent annually to repair and sustain the network, but it was rejected 60-40. Now, following the RAS Report, it’s de- ja-vu again; more street funds are needed. Using RAS PCI data, RAS square yardage, and RAS unit costs, the CASC has concluded that $50M of additional funds are needed (including intersection improvements) to position the community so the existing $2.125M street revenue sources will be sufficient to maintain the network thereafter. To accomplish that, an ‘outside-the-box’ 5-year “Fix-All-Now” program is suggested that will improve the street network to a “PCI 70-Threshold” level. (The $50M amount is after $8M in Federal Covid relief funds directed by the Town Council to the network have been spent, and continuance of the $2.125M annual allocation.) CASC Report Page 5 Cost Summary by PCI and by Street Category (See Appendix E for Detail) Without significant additional revenues street network maintenance levels cannot be achieved which means streets will continue to deteriorate, creating failing conditions from which the Town cannot possibly recover. A “Fix-All-Now” Program Deciding which streets to fix, and when to do it, is a complicated process because the rates at which streets deteriorate are affected by many variables such as traffic, vehicle weights, pavement materials, subsurface soil conditions, and weather, to name a few. As streets age, pavements deteriorate. Usually, the first signs of distress appear as longitudinal cracks along the direction of travel, then transverse cracks across the pavement, then alligator-style cracking and subsequent potholes. When street deterioration reaches the alligator stage, even in small areas, it may represent a failure of the underlying base materials which necessitates total reconstruction, including subgrade repair. To establish street conditions the best approach has proven to be by using laser technology to assign numerical values to ride comfort and pavement distresses. In doing so Pavement Condition Indexes (PCIs) are created. The first time this was done in Fountain Hills was 15-years ago, and then again in 2018, and in 2023. After extensive reviews of all the data collected in each test year the conclusion reached is that PCIs collected in one year cannot be compared to those in a later year, because no two streets are alike, each deteriorate differently. CASC Report Page 6 Streets fall into 4 classifications, Arterials, Collectors, Locals, and Alleys. Arterials are the streets with the highest traffic volumes, followed by Collectors that take traffic from intersecting residential streets to a connection with Arterials, and then Locals that are in essence residential streets. Alleys (less than 1% of the network) are often found in business areas, but in a few situations Alleys act like Locals as they are the only access for some residents. In June 2020 the Town Council established ‘minimum’ PCI goals for Arterials of 60-70; Collectors, 50-60; Locals, 50-55. Using PCI numbers street conditions can also be characterized in terms of five letter-grade categories that closely match maintenance/ repair options: • “A” are those streets with PCI ratings between 100-85 and labeled as ‘excellent’. • “B” streets between 85-70 PCI ratings are referred to as being in ‘good’ condition. • “C” (70-55 PCI ratings), a ‘marginal’ category. • “D” (55-40 PCI ratings), a ‘fair’ category. • “F” (below a PCI rating of 40), considered a ‘poor’ category. Pavement management falls into three major categories: (1) maintenance, (2) rehabilitation (repairs), and (3) reconstruction. The reason for these categories is that State Statutes restrict ‘low interest, tax-free bonds’ to be used for one-time ‘rehabilitation/reconstruction’ projects, not ongoing/annual ‘maintenance’. • Maintenance is usually associated with “A” and “B” streets, down to a PCI rating of 70, and consists of crack filling followed by protective or slurry seals. (Recent example, Shea Blvd. Costs in the maintenance category are estimated to vary from $1.60 to $3.70 per square yard.) • Repair/Rehabilitation usually occurs with “C” and “D” streets (PCI ratings between 70 and 40) and consists of some panel replacements followed with a slurry seal or chip seals with cape. And mill & overlays, some for the full pavement width, and in some very wide streets, just the travel lanes. (Recent example, El Lago Blvd from Palisades to Ave of the Fountains. Costs in this category vary widely between $3.70 and $53.00 / SY.) • Reconstruction is normally associated with “F” streets (PCI ratings between 40 and 25) and consists of mill & overlay with major panel replacements. PCI ratings below 25 usually necessitate full-depth replacement. (Costs in this category vary extensively and could approach $70.00 / SY.) Once streets are ‘fixed’ PCI values are ‘reset’ until the next laser test results. Assumed values are: For Maintenance: crack fill with seal coating: PCI 85 CASC Report Page 7 For Repair/Rehabilitation: slurry, chip seals with cape: PCI 88. Mill & overlay (including isolated panel replacements): PCI 90 For Reconstruction: PCI 95 But these values do not last forever; all streets begin to deteriorate immediately. To keep pavements above a PCI 70-Threshold, maintenance activities must be repeated every 6-7 years. But each time that’s done the ‘reset’ value diminishes somewhat, and after maybe three maintenance applications (20 years) streets will need to undergo more extensive treatment. To determine deterioration rates, it is suggested that laser tests be conducted every five years. Pavement Maintenance Life Cycle Funding Options Over the years funding options have not changed. Three options are available to supplement current existing Town revenues: • Bonds are often considered first since they have a sunset provision that appeals to many voters. However, bonds include interest expenses; dollars paid that do not make it to the streets. Depending on bond retirement schedules, a 5-year plan will have a lower interest price tag but a higher annual secondary property tax, while a 20-year plan will have more interest but a lower annual tax. (Bonds are like home mortgages or vehicle loans when cash reserves are not available.) CASC Report Page 8 • A Primary Property Tax is a cash reserve alternative to bonds (no interest expenses). Based on a 5-year “Fix-All-Now” program, $9M will be needed. Then, after the entire network is fixed, property tax revenues could be used to pay for fire, police, etc. and the local sales tax rate could be cut to 1.2% thus making FH more attractive to businesses and consumers. • Local Sales Taxes are another option (they do not require voter approval). The Town’s current 2.9% sales tax rate is expected to generate $15.4M in 2024. To produce another $9M to fix the street network, the rate would have to increase 58% to 4.6% (and when combined with State Sales Taxes it would mean that FH would have the highest sales tax rate in Maricopa County). Inasmuch as no decisions will be reached for a while, the months that follow would be a great opportunity to assess how voters would like to proceed. Then in the fall the Town Council will be in a better position to arrive at a consensus on how to address the street network going forward. Recommendations The CASC recommends a “Fix-All-Now” strategy to bring all streets up to a PCI 70- Threshold level using municipal tax-free bonds as the financing source. Two bond alternatives are suggested, either a combination of “packages” by street category, or one overall issue. Either alternative is designed to be a “Fix-All-Now” program, where the monies available from General Fund commitments and from bonds are combined to complete all necessary repairs over a seven-year period. Funds for the first two years, FY23 and FY24, are already committed by the Council. Bond funds will be needed for FY25 though FY 29. Then when the program is completed in 2030, the currently available $2.125M annual revenues should be sufficient to sustain “maintenance” activities for the foreseeable future. Alternative 1: Comprehensive single bond package: $50M, 20-year bond program to improve all streets, including intersections. Alternative 2: Street “Packages” – 4 separate bond packages: $5M, 5 to 20-year bond program for Arterials only. $9M, 5 to 20-year bond program for Collectors only. $26M, 5 to 20-year bond program for Locals/Alleys only. $10M, 5 to 20-year bond program for Intersections, Pedestrian, & Bicycle Safety only*. CASC Report Page 9 *(La Montana/Palisades, La Montana/Saguaro, Palisades/Palomino, Palisades/Golden Eagle, Palisades/FH Blvd, Saguaro/FH Blvd, Avenue of the Fountains/Saguaro + sidewalk infill, Crosswalk Safety Improvements, adding turn lanes, installing traffic and/or pedestrian signals, adding bicycle lanes.) The advantage of long-term bonds is the annual ‘tax’ is the least and some of the indebtedness will be paid by those who move to Town in later years. Costs used to generate the bond amounts are based on recent street bid prices, plus reasonable contingencies for unknown surprises, and 5% annual inflation. The CASC recommends Alternative 2 on the belief this bond referendum approach provides voters an opportunity to choose what they believe are most important. The CASC also recommends that a referendum be presented to voters in November 2024. Summary Throughout this decade and before, monies to fix Fountain Hills streets have come from a combination of general funds including sales taxes, state-shared revenues, regional funds, and grants. Because streets have continued to deteriorate using these limited funds should be proof that relying on those monies alone is not enough. The recommended “Fix-All-Now” 5-year program will eliminate the need to ask voters for more funds every 5-7 years, and after streets are improved to a PCI 70-Threshold level, the combination of existing general funds should be sufficient to properly maintain the street network for the foreseeable future. Other considerations: 1. The “Fix-All-Now” solution differs considerably from the RAS recommendation, where instead of an “average” PCI as a goal, the “Fix-All-Now” uses a PCI 70- Threshold goal. (Adopting an “average” approach means some streets will not meet the Council’s ‘minimum’ conditions.) 2. The CASC believes an across-the-board “reconstruction” strategy for pre- incorporation streets included in the RAS report is not warranted, or affordable. (Using a previously proven hybrid repair on pre-incorporation streets that served the community for at least the past 34 years (since 1989 incorporation) is recommended.) 3. Before bond amounts are finalized consideration should be given to reclassify some streets and make a thorough review of future intersection needs, including pedestrian and bicycle safety improvements. (Traffic warrants may already justify signals at several locations, and as the community grows in the next 7 years, more improvements will be needed.) CASC Report Page 10 4. After extensive reviews the CASC is convinced that there are no short cuts to fixing the streets without a significant amount of new revenue; conditions will only worsen. Even if the Town could allocate an additional $1M each year, that would not be enough. (It’s unrealistic to believe the Town could allocate as much as $50M over the next 7 years … $7M every year.) 5. Since 2008 two different professional street consultants have concluded more funds are needed, and now in 2023, a third consultant has concluded the same. But only once have more funds been provided, and that was 10 years ago when $8M was approved to reconstruct Saguaro Blvd. (The $29M rejected by voters in 2011 and the $4M annual rejection in 2018 would have reduced today’s price tag considerably.) 6. Catching-up with street repairs to overcome ongoing deterioration seems paramount. To accomplish that requires significant additional revenues so existing revenues can be used to maintain the network at levels acceptable to residents and businesses. Failure to invest adequately in street infrastructure will result in significant future challenges and a continued decline in pavement conditions throughout the community. To help resolve the street issues it’s suggested that public open forums be initia ted this fall to give residents ample opportunities to voice their opinions. CASC Report Page 11 Appendix A. Talking Points Overview: The streets in Town are falling apart; half the network is substandard. Even streets that are in good condition are subject to deterioration and must be maintained. The problem today is the result of ignoring what should have been done years ago and without an influx of capital, continual deterioration will exceed the Town’s ability to sustain the network. Support statements include: 1. Infrastructure Improvement: Investing in the bond issue will significantly enhance the overall infrastructure, leading to smoother, quieter, and safer travel experiences for residents and visitors. 2. Long-Term Cost Savings: By proactively addressing streets through the bond issue, further damage can be prevented, and more expensive repairs can be avoided. Investing now will help save money over time by reducing the need for extensive street reconstruction projects. 3. Enhanced Safety: Upgrading and maintaining streets is crucial for ensuring the safety of motorists, pedestrians, and cyclists. By addressing current street conditions and intersection needs through the bond issue, accidents and potential injuries can be minimized, creating a safer environment for everyone. 4. Economic Growth: Well-maintained and reliable infrastructure is vital to attracting businesses, promoting tourism, and stimulating economic growth. By investing in the bond issue, it demonstrates the community’s commitment to attracting new businesses and creating job opportunities. 5. Preserving Property Values: High-quality streets contribute to the overall appeal and desirability of the Town. By funding street repairs through the bond issue, property values will be preserved and potentially increased, thus benefiting property owners and ensuring a positive real estate market in the long term. 6. Limited-Time Opportunity: The urgent need for street repairs combined with the availability of the bond issue presents a unique opportunity. By acting now, necessary funding at favorable interest rates can be achieved. 7. Community Well-being: Investing in the Town's streets is an investment in the well- being of its residents. Smooth and well-maintained streets improve accessibility, reduce noise levels, and minimize traffic congestion, resulting in a higher quality of life for everyone. CASC Report Page 12 8. Environmental Benefits: Upgrading streets can include implementing environmentally friendly practices, such as incorporating sustainable materials and improving drainage systems, thus reducing the carbon footprint, and contributing to a greener future. 9. Increased Civic Pride: Addressing Street problems through the bond issue demonstrates commitment to a sense of pride among residents, fostering a stronger community spirit, and a shared responsibility for the Town's development. 10. Transparency and Accountability: The bond issue provides a clear and transparent mechanism for funding street repairs, ensuring the funds are dedicated solely to the intended purpose. Implementing oversight and accountability measures to promote trust and confidence among residents are doable. B. Pavement Lifecycle Program CASC Report Page 13 C. Additional Considerations 1. Based upon Town growth in the past decade and current traffic, some streets may need to be reclassified to the next higher category. Prior to finalizing any bond packages, each category should be visited to determine which streets should be reclassified to a higher level; examples are included below. from to Collectors to Arterials Golden Eagle Palisades Sunridge Sunridge Dr Palisades Golden Eagle Locals to Collectors Gunsight Saguaro La Montana LA Montana El Lago Arroyo Vista Arroyo Vista La Montana FH Blvd Chama FH Blvd Gunsight Sierra Madre Sunridge Sunridge Verde River / Paul Nordin Palisades Saguaro Panorama Saguaro Saguaro Bainbridge FH Blvd Golden Eagle Inca FH Blvd Kingstree Monterey Shea Saguaro Del Cambre Grande El Sobrante Hampstead / Fayette Palisades Fairlynn Saguaro Business Frontage Panorama Colony Thistle Palisades Mountain Side Mountain Side Thistle Palisades 2. A Town-wide “speed limit assessment” should be conducted to ensure that by category streets are consistent; that speed limits are posted the same in both directions; that general signage upon entrance to the Town informs drivers that the local speed limit is 25 mph on any street not posted. 3. The Town should investigate and identify options for private (HOA) properties to be able to use Town negotiated prices so cost savings can be passed along. 4. Throughout the program of street repairs, the Town should consider addressing wide streets with pavement markings that allow for a left-turn lane, parking lanes, and/or bike lanes by narrowing the travel lanes appropriately to help “manage” posted speed limits. 5. All Arterials and Collectors should have centerline markings. 6. All Local streets at a minimum should have traffic control stop signs/stop lines when intersecting with Collectors and/or Arterials. 7. All frontage streets should be clearly marked and/or signed as two-way. CASC Report Page 14 8. Additional radar activated speed limit signage should be placed strategically throughout the community on Arterials, and on all streets ahead of entering a special enforcement area. 9. Prepare an ‘Intersection 10-Year Improvement Plan” addressing primary intersections; considerations are shown below. Facility Cross Street Existing Recommended Description Palisades Palomino 4 way stop New Traffic Signal Complete planned improvements Palisades Golden Eagle 3 way stop Traffic Circle Eliminate 3 way stop with circle Palisades FH Blvd Existing Traffic Signal L Turn Queuing NB to WB & EB to NB turn lane ext Palisades Ave of the Fountains Existing Traffic Signal Do Nothing - Palisades La Montana 4 way stop Traffic Circle Eliminate 4 way stop with circle Palisades Saguaro Existing Traffic Signal L Turn Queuing NB to EB turn lane extension Saguaro La Montana 2 way stop Traffic Circle Eliminate 2 way stop with circle Saguaro Ave of the Fountains 3 way stop Traffic Circle Eliminate 3 way stop with circle Saguaro El Lago Existing Traffic Signal L Turn Queuing NB to EB turn lane extension Parkview Verde River Drive 4 way stop Traffic Circle Eliminate 4 way stop with circle FH Blvd El Lago Existing Traffic Signal Do Nothing - FH Blvd Saguaro 1 way stop Traffic Circle Reduce traffic conflicts with circle El Lago La Montana 4 way stop Traffic Circle Eliminate 4 way stop with circle La Montana Parkview 1 way stop Traffic Circle Eliminate EB stop sign with circle Other Concept Sidewalk Infill Downtown/Arterials x ft Speed Controls Radar Speed Limit Signs x number of controls Pedestrian Crossings Signal Controlled Crossings x number of crossings Bicycle Lanes Arterials/Collectors x number of miles CASC Report Page 15 D. 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X Ho s t P u b l i c O p e n H o u s e ( Q / A ) X X X X Or g a n i z e P o l i t i c a l A c t i o n C o m m i t t e e ( P A C ) 7t h X X X X X X X X X 5t h TO W N P U B L I C R E L A T I O N S Co m m u n i c a t i o n s F H T i m e s X X X X X X X S o c i a l M e d i a ~ ~ ~ ~ ~ ~ ~ ~ I n s i d e r X X X X X Ge n e r a t e F u n d i n g S u r v e y ( B o L a r s o n ) X X X X Pu b l i s h S u r v e y R e s u l t s X Pu b l i c I n f o r m a t i o n O u t r e a c h X X X X X X X X X 5t h TO W N S T R E E T D E P A R T M E N T Re c l a s s i f y S t r e e t s X X Fi n a l i z e I n t e r s e c t i o n N e e d s X X Fi n a l i z e F u n d i n g N e e d s X X Pr o v i d e S t r e e t U p d a t e t o T C X X X X X RE S I D E N T S Pr o v i d e F u n d i n g I n p u t X X X Q/ A O p p o r t u n i t y ( O p e n H o u s e F o r u m s ) X X X X De c i s i o n T i m e ( V o t e ) 7t h X 5t h TO W N C O U N C I L Me e t i n g s 0 1 2 2 2 1 2 2 2 2 2 2 0 1 2 2 CA S C F i n a l P r e s e n t a t i o n / S t u d y S e s s i o n ? 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A " R o a d M a p " F o r w a r d CASC Report Page 16 Le t t e r - G r a d e PC I R a n g e Re p a i r s / P C I R a n g e s Ar t e r i a l s Co l l e c t o r s Lo c a l s All e y s Art e r i a l s Co l l e c t o r s Lo c a l s All e y s Art e r i a l s Co l l e c t o r s Lo c a l s All e y s Art e r i a l s Co l l e c t o r s Lo c a l s All e y s 20 2 3 U n i t C o s t s $4 . 7 3 $3 . 6 0 $3 . 6 0 $3 . 6 0 $3 6 . 2 1 $2 7 . 1 9 $1 8 . 7 2 $2 7 . 1 9 $6 7 . 6 9 $5 0 . 7 7 $3 3 . 8 4 $5 0 . 7 7 $7 0 . 3 5 $5 7 . 1 1 $4 0 . 1 8 $5 7 . 1 1 w/ p a t c h i n g $6 . 8 3 $5 . 7 0 $5 . 7 0 $5 . 7 0 $3 8 . 3 1 $2 9 . 2 9 $2 0 . 8 2 $2 9 . 2 9 $6 9 . 7 9 $5 2 . 8 7 $3 5 . 9 4 $5 2 . 8 7 $7 1 . 4 0 $6 7 . 6 9 $5 0 . 7 7 $6 7 . 6 9 Av e 2 0 2 3 U n i t C o s t s / S Y $5 . 7 8 $4 . 6 5 $4 . 6 5 $4 . 6 5 $3 7 . 2 6 $2 8 . 2 4 $1 9 . 7 7 $2 8 . 2 4 $6 8 . 7 4 $5 1 . 8 2 $3 4 . 8 9 $5 1 . 8 2 $7 0 . 8 8 $6 2 . 4 0 $4 5 . 4 8 $6 2 . 4 0 5% 20 2 5 I n f l a t e d U n i t C o s t s $6 . 3 6 $5 . 1 2 $5 . 1 2 $5 . 1 2 $4 0 . 9 9 $3 1 . 0 6 $2 1 . 7 5 $3 1 . 0 6 $7 5 . 6 1 $5 7 . 0 0 $3 8 . 3 8 $5 7 . 0 0 $7 7 . 9 6 $6 8 . 6 4 $5 0 . 0 2 $6 8 . 6 4 11 3 , 4 3 6 12 , 3 3 9 28 , 9 2 0 16 , 3 6 5 17 1 , 0 6 0 $7 2 1 , 2 2 6 50 5 , 7 2 6 $ $2 , 1 8 6 , 7 5 7 $1 , 2 7 5 , 8 5 6 $4 , 6 8 9 , 5 6 6 $4 , 6 8 9 , 5 6 6 15 6 , 1 2 6 70 , 1 6 6 90 , 7 6 8 0 31 7 , 0 6 0 $7 9 8 , 5 8 4 $2 , 1 7 9 , 2 5 1 $5 , 1 7 3 , 9 5 8 $8 , 1 5 1 , 7 9 3 $8 , 1 5 1 , 7 9 3 41 5 , 7 1 8 23 3 , 3 7 9 45 0 , 9 1 9 95 , 6 0 4 1, 1 9 5 , 6 2 0 $2 , 1 2 6 , 3 9 8 $5 , 0 7 5 , 2 9 3 $1 7 , 3 0 5 , 8 2 0 $4 , 7 8 2 , 3 5 1 $2 9 , 2 8 9 , 8 6 2 -$ 8 , 0 0 0 , 0 0 0 $2 1 , 2 8 9 , 8 6 2 4,6 3 1 - 15 , 0 8 3 15 , 7 0 1 35 , 4 1 5 $2 3 , 6 8 8 $0 $8 5 9 , 7 6 1 $1 , 0 7 7 , 7 1 7 $1 , 9 6 1 , 1 6 5 $1 , 9 6 1 , 1 6 5 1, 7 1 9 , 1 5 5 $7 2 1 , 2 2 6 $7 9 8 , 5 8 4 $2 , 1 2 6 , 3 9 8 $2 3 , 6 8 8 $5 0 5 , 7 2 6 $2 , 1 7 9 , 2 5 1 $5 , 0 7 5 , 2 9 3 $0 $2 , 1 8 6 , 7 5 7 $5 , 1 7 3 , 9 5 8 $1 7 , 3 0 5 , 8 2 0 $8 5 9 , 7 6 1 $1 , 2 7 5 , 8 5 6 $0 $4 , 7 8 2 , 3 5 1 $1 , 0 7 7 , 7 1 7 $4 4 , 0 9 2 , 3 8 6 $3 6 , 0 9 2 , 3 8 6 IM P R O V E M E N T C O S T S $4 4 , 0 9 2 , 3 8 6 -$ 8 , 0 0 0 , 0 0 0 $3 6 , 0 9 2 , 3 8 6 Br e a k d o w n b y S q u a r e Y a r d s 20 2 5 20 2 6 20 2 7 20 2 8 20 2 9 1.0 5 In f l a t i o n F a c t o r ST R E E T R E F E R E N D U M 5 $7 , 2 1 8 , 4 7 7 $7 , 2 1 8 , 4 7 7 $7 , 5 7 9 , 4 0 1 $7 , 9 5 8 , 3 7 1 $8 , 3 5 6 , 2 9 0 $8 , 7 7 4 , 1 0 4 $3 9 , 8 8 6 , 6 4 3 $4 0 M Re f e r e n d u m P a c k a g e s AR T E R I A L S 2 $2 , 3 4 4 , 7 8 3 $2 , 3 4 4 , 7 8 3 $2 , 4 6 2 , 0 2 2 $4 , 8 0 6 , 8 0 5 $5 M CO L L E C T O R S 3 $2 , 7 1 7 , 2 6 4 $2 , 7 1 7 , 2 6 4 $2 , 8 5 3 , 1 2 7 $2 , 9 9 5 , 7 8 4 $8 , 5 6 6 , 1 7 6 $9 M LO C A L S / A L L E Y S 5 $4 , 6 5 0 , 2 0 5 $4 , 6 5 0 , 2 0 5 $4 , 8 8 2 , 7 1 6 $5 , 1 2 6 , 8 5 2 $5 , 3 8 3 , 1 9 4 $5 , 6 5 2 , 3 5 4 $2 5 , 6 9 5 , 3 2 1 $2 6 M IN T E R S E C T I O N S 3 $2 , 9 8 3 , 3 3 3 $3 , 2 8 9 , 1 2 5 $3 , 4 5 3 , 5 8 1 $3 , 6 2 6 , 2 6 0 $1 0 , 3 6 8 , 9 6 7 $1 0 M PA C K A G E R E F E R E N D U M $9 , 7 1 2 , 2 5 3 $1 0 , 1 9 7 , 8 6 5 $1 1 , 4 1 1 , 7 6 0 $8 , 8 3 6 , 7 7 5 $9 , 2 7 8 , 6 1 4 $4 9 , 4 3 7 , 2 6 8 $5 0 M FO O T N O T E S : Up p e r ' I m p r o v e m e n t C o s t s ' C h a r t : Lo w e r ‘ C o s t S u m m a r y ’ C h a r t : · On l y s t r e e t s b e l o w a 7 0 P C I a r e i n c l u d e d · Re f e r e n d u m p a c k a g e s f o r e a c h s t r e e t c l a s s i f i c a t i o n a r e e x p e c t e d t o v a r y · Le t t e r - g r a d e s : C , m a r g i n a l s t r e e t s ; D , s t r e e t s i n f a i r c o n d i t i o n s ; F , p o o r ( b a c k l o g ) A r t e r i a l s … 2 - y e a r i m p r o v e m e n t p l a n ( 2 0 2 5 - 2 6 ) · Su g g e s t e d r e p a i r s a r e i d e n t i f i e d f o r e a c h P C I r a n g e C o l l e c t o r s … 3 - y e a r p l a n ( 2 0 2 5 - 2 7 ) · Un i t c o s t s a r e ‘ a v e r a g e ’ f o r 2 0 2 3 ; 2 0 2 5 u n i t c o s t s a r e i n f l a t e d 5 % L o c a l s / A l l e y s … 5 - y e a r p l a n ( 2 0 2 5 - 2 9 ) · Sq u a r e y a r d a g e a n d i m p r o v e m e n t c o s t s a r e s h o w n f o r e a c h s t r e e t c l a s s i f i c a t i o n a n d e a c h l e t t e r - g r a d e I n t e r s e c t i o n s … 3 - y e a r p l a n ( 2 0 2 7 - 2 9 ) · Fe d e r a l F u n d s a r e s h o w n t o b e s p e n t o n L o c a l s ( a c t u a l d i s t r i b u t i o n w i l l v a r y ) · 5% i n f l a t i o n i s i n c l u d e d f o r e a c h p l a n y e a r To t a l s le s s F e d e r a l F u n d s Fu n d s N e e d e d 69 - 6 0 59 - 5 5 54 - 4 0 39 a n d B e l o w Mi c r o S u r f a c i n g w / p a t c h i n g , S l u r r y S e a l w / p a t c h i n g (P C I r a n g e : M i n = 6 0 ; C r i t i c a l = 6 3 ; M a x = 7 0 ) So m e S l u r r y S e a l So m e M i l l & O v e r l a y (g r a y - z o n e c o m b i n a t i o n ) Mil l & O v e r l a y w / p a t c h i n g (P C I r a n g e : M i n = 4 0 ; C r i t i c a l = 4 3 ; M a x = 6 0 ) Su r f a c e R e c o n s t u c t i o n w / p a t c h i n g ( P C I ra n g e : M i n = 3 0 ; C r i t i c a l = 3 3 ; M a x = 4 0 ) F u l l De p t h R e p l a c e m e n t w / s u b g r a d e p r e p a r a t i o n ( P C I ra n g e : M i n = 0 ; C r i t i c a l = 2 0 ; M a x = 4 0 ) C ( 6 9 - 5 5 ) D F CO L L E C T O R S AR T E R I A L S LO C A L S AL L E Y S $3 , 6 6 9 , 8 9 6 $7 , 7 6 0 , 2 7 0 $2 5 , 5 2 6 , 2 9 6 $7 , 1 3 5 , 9 2 4 40 % 18 % 34 % 7% ST R E E T T O T A L S 68 9 , 9 1 1 31 5 , 8 8 4 58 5 , 6 9 0 12 7 , 6 7 0 CO S T S U M M A R Y Im p r o v e m e n t F u n d s Ne e d e d Co n t i n g e n c y To t a l s Im p r o v Ye a r s Av e A n n u a l Co s t s Im p r o v e m e n t Y e a r s 1.0 5 1. 1 0 1.1 6 1. 2 2 5- Y e a r F u n d s N e e d e d $4 , 6 8 9 , 5 6 6 $0 E. Co s t B r e a k d o w n $8 , 9 5 0 , 0 0 0 $0 $8 , 9 5 0 , 0 0 0 $4 5 , 0 4 2 , 3 8 6 $0 $4 5 , 0 4 2 , 3 8 6 $4 , 6 8 9 , 5 6 6 $8 , 1 5 1 , 7 9 3 $0 $8 , 1 5 1 , 7 9 3 $2 3 , 2 5 1 , 0 2 7 $0 $2 3 , 2 5 1 , 0 2 7 Bo n d F u n d s 0% $3 6 , 0 9 2 , 3 8 6 $0 $3 6 , 0 9 2 , 3 8 6 CASC Report Page 17 F. Volunteer CASC Members Jerry Butler, Kim Colenso, Gregg Dudash, Mark Graham, Buck Haworth, Bernie Hoenle, Dean Hughson, Jeffrey Kerr, Karl Manthe, Joe Mueller, Chris Plumb, Gary Salavitch CASC Background Experience 45 years - Business Management Leadership 40 years - Transportation Planning 36 years - Design / Construction Industry 33 years - Civil Engineering 28 years - Roadway Construction 25 years - Project Consulting 20 years - Home Building Industry 15 years - Project Management 8 years - Design / Roadway Management *** A special debt of gratitude is extended to Town Hall staff for guiding us through the community’s complicated street maize, and for their patience. Without their leadership this report would not have been possible. Thank you. Grady Miller, Retired Town Manager Rachael Goodwin, Interim Town Manager Justin Weldy, Public Works Director David Janover, Town Engineer Andy Whisler, Assistant Town Engineer Jeff Pierce, Streets Superintendent Angela Espiritu, Executive Assistant ITEM 9. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/06/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed or pending before the State Legislature.  Staff Summary (Background) This is a regularly recurring agenda item on the Town Council agenda during the legislative session. This agenda item aims to obtain consensus from the Mayor and Council on legislative bills and provide direction, if any, to staff to communicate the town's position on the bills. For every Council meeting, the Legislative Bulletin will be attached to the Town Council agenda, including legislative analysis of the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to review the bills that are under consideration in the Arizona State Legislature and provide direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to provide staff direction on one or more bills being considered by the State Legislature. Attachments Legislative Bulletin - Issue 1  Legislative Bulletin - Issue 2  Legislative Bulletin - Issue 2  Legislative Bulletin - Issue 3  Form Review Form Started By: Linda Mendenhall Started On: 01/23/2024 11:25 AM Final Approval Date: 01/23/2024  Legislative Bulletin: On Monday, January 8, the Second Regular Session of the Fifty-Sixth Legislature of Arizona commenced. As of Friday afternoon, 627 House Bills and 80 Senate Bills have been introduced. The Senate and House of Representatives jointly convened on Monday to receive the Governor's annual State of the State Address to the Legislature, during which Governor Katie Hobbs outlined her agenda and goals for the legislative session. A full transcript of the speech can be accessed here, and the full video recording can be found here. The Governor also released the Fiscal Year (FY) 2025 Executive Budget on Friday. The Office of Strategic Planning and Budgeting will present the budget to the Senate and House Appropriation Committees on Tuesday, January 16 at 10:00 a.m. in HHR 1. The Legislature held a relatively small number of committee hearings this week, mainly to carry out Arizona's sunset review process. State law requires the Legislature to periodically review the purpose and functions of state agencies to determine whether continuation, revision, consolidation, or termination is warranted. Reviews are conducted by the Office of the Auditor General or a committee of reference (COR). A public hearing is held by the respective COR to discuss the review and receive testimony from agency officials and the public. State of the State Address In her second State of the State address, Governor Hobbs spoke on a range of critical issues facing Arizona. Emphasizing the importance of bipartisan collaboration, she highlighted the urgent need to secure the southern border, citing the ongoing failure of the federal government and outlining her administration's efforts, including Operation SECURE, to address border security and combat human trafficking. Acknowledging a significant budget shortfall, the Governor pledged to address it without cutting spending on vital services. Recognizing the state's economic success, she commended record job creation and foreign investment. Governor Hobbs turned her attention to the housing affordability crisis, introducing the Arizona Is Home mortgage assistance program. In response to this crisis, she presented innovative ideas, allocating $150 million towards rental assistance, legal aid for housing instability, and a historic investment in affordable housing development, with a specific focus on creating over one thousand housing units in rural communities. Expressing concern about sober living homes and long-term care facilities, Governor Hobbs proposed legislation to strengthen standards and increase penalties for violations to protect vulnerable residents in such facilities. Additionally, she advocated for affordable healthcare, proposing measures to lower prescription drug costs, and passionately defended reproductive freedom, urging bipartisan support to expand access to reproductive healthcare. Water conservation and management were key priorities, with the Governor highlighting a historic agreement with neighboring states and advocating for updates to groundwater management laws. Education also played a central role in her address, with a focus on strengthening K-12 schools, supporting teachers, and addressing transparency issues in the Empowerment Scholarship Account program. Higher education initiatives were emphasized, including a call for new medical schools and increased accessibility. Executive Budget Highlights Preservation of local government revenue-sharing agreements, formula funding, and the Budget Stabilization Fund (rainy day fund) (p. 9) Total spending of $10.6 million allocated to local government initiatives (p. 44) Cuts $418.6 million recovered from 24 one-time appropriations for transportation projects made between FY2021 and FY2024 (p. 8) $352 million in claw-backs of unexpended FY2024 one-time appropriations to state agencies ($121 million), capital and IT projects ($201 million), and prior year unexpended funds ($30 million) (p. 8) $244 million in Basic State Aid savings via ESA reform: 100-day public school attendance (p. 8) Appropriations Public Safety $9.3 million appropriation to DPS for grants to local jurisdictions for victims of crime (VOCA) (p. 10) $5 million appropriation to DPS for drug interdiction efforts in border communities (p. 10) $1 million appropriation to Border Coordination Office for improvements in local emergency management (p. 10) $500,000 appropriation to DEMA’s Emergency Management Mutual Aid Fund (p. 11) $67,800 one-time matching funds for the federal State and Local Cybersecurity Grant Program (p. 11) $10 million in state and federal revolving loan funds to provide hazard mitigation assistance to local governments (p. 12) Housing Extension of the State LIHTC through FY2034, with $8 million in tax credits each year (p. 17) $13 million one-time appropriation for Arizona Is Home – Mortgage Assistance Program ($3 million GF and $10 million to HTF) (p. 17) Prioritization of preservation for FY 2024 housing investments (p. 17) $150 million one-time Housing Trust Fund deposit $40 million one-time Homeless Shelter and Services Fund deposit $5 million one-time Mobile Home Relocation Fund deposit $1.9 million one-time Military Transitional Housing Fund deposit Other $19.5 million appropriation to DOR for the Integrated Tax System Modernization Project (STARS) (p. 63) Monday Conference Calls The League will continue to host a weekly update for municipal leadership via Zoom to report on the status and impact of various proposed legislation during the 2024 session. The virtual meetings are scheduled for Monday mornings at 10:00 a.m. However, because of Opening Day and the Martin Luther King, Jr. holiday, the first call will be held at 10:00 a.m. on Tuesday, January 16. Mayors, council members, managers, and other city or town staff interested in legislative activities are invited to participate. A Zoom link and a brief agenda will be sent out prior to the calls. If you would like to receive the Monday agendas, please contact league@azleague.org and request to be added to the distribution list for the conference call. 2024 Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by Senate and House rule and are subject to change. This year’s schedule is as follows: January Thursday 1/11: House 7-bill Introduction Limit Begins (5:00 p.m.) Tuesday 1/16: Senate Bill Request Deadline (5:00 p.m.) Monday 1/22: Senate Bill Introduction Set Deadline (5:00 p.m.) Monday 1/29: Senate Bill Introduction Deadline (5:00 p.m.) February Friday 2/2: House Bill Request Deadline (5:00 p.m.) Monday 2/5: House Bill Introduction Deadline (5:00 p.m.) Friday 2/16: Last Day to Hear SBs in Senate Committees and HBs in House Committees March Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate Committees AprilFriday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session League Resolutions House GOV Hearing on 1/17 at 10:00 a.m. in HHR 3 HB 2132 (municipal land sales; public notice) -- Requires public hearings and governing body resolutions for properties valued between $1,500,000 and $15,000,000. Special elections are mandated for properties exceeding $15,000,000, except for specific airport disposals to certain entities, which are exempt from advertising and special election requirements. Senate MAPS Hearing on 1/17 at 2:00 p.m. in SHR 2 SB 1030 (correctional facilities; body scanners) -- Allows a political subdivision of Arizona and 2) perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility. Legislative StaffThe League is pleased to welcome Rachel Merritt as this session’s legislative intern. Rachel is a junior at Arizona State University, majoring in political science and criminology, and plans to attend law school after graduation. The League is also joined by Adam Babica, Legislative Associate and military veteran with previous staff experience in the California Senate and Hawaii House of Representatives. Marshall Pimentel remains on board as the League’s Senior Legislative Associate. You can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Adam Babica, Legislative Associate: ababica@azleague.org Rachel Merritt, Legislative Intern: legisintern@azleague.org #Keepup with uson Twitter. Keep up with the issues and events. CLICK HERE Legislative Bill Monitoring All bills being actively monitored by the League can be found by clicking the link below. League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. Legislative Bill MonitoringComing Soon Legislative Bulletin: Executive Budget Hearing On January 16th, the House and Senate Appropriations Committees held a joint hearing on Governor Katie Hobbs’ FY-25 Executive Budget. Committee Republicans criticized Hobbs' proposal, citing cuts to infrastructure, the elimination of Certified School Tuition Organizations (STO), and reform of the Empowerment Scholarship Account (ESA) program. In response, Democrats attributed the budget deficit to the underperformance of income tax collections, specifically pointing to the new 2.5% rate that took effect in January 2023 and the expansion of ESAs. The partisan divide on how to resolve Arizona’s looming $1.7 billion budget deficit is expected to come to a boiling point in the coming months. Regardless, confronting the state's fiscal challenges is inevitable and will require significant effort and compromise from both sides. Watch a recording of the budget hearing here. League Testimony The League testified at a House Regulatory Affairs Committee hearing on January 17th in opposition to SB 2088: bond; override; contributions; contracts; prohibition. The proposed legislation is viewed as detrimental to municipal governments, as it aims to restrict entities making contributions supporting the issuance of county or municipal bonds or the passage of budget overrides from bidding on resulting contracts. This prohibition may hinder competition and limit options for cities and towns, potentially leading to increased costs and a less efficient contracting process. The committee's decision to adopt amendments, while refining the bill's language, did not alleviate concerns about these potential negative impacts. Despite the League’s testimony, the amended bill passed on a 4-2 vote, revealing a division on the bill’s perceived effects on fairness and transparency in the contracting process associated with bond and budget override initiatives. This week, the League will testify in opposition to the following legislation: Monday 1/22 HB 2120: law enforcement; defunding; prohibition (House MAPS at 2:00 p.m. in HHR1) SCR 1006: property tax; refund; nuisance enforcement (Senate FICO at 2:05 p.m. in SHR 109) Wednesday 1/24 HB 2309: GPLET; agreement posting; abatement period (House WAM at 9:00 a.m. in HHR1 HB 2125: annexation; notice; approval (House GOV at 9:00 a.m. in HHR 3) HB 2080: elections; municipal vacancies; primary (House MOE at 2:00 p.m. in HHR 4) Additionally, the League will testify in support of the following legislation: Wednesday 1/24 HB 2162: municipal general plan; adoption (House GOV at 9:00 a.m. in HHR 3) League Resolutions HB 2132: municipal land sales; public notice, imposes restrictions on the sale of town or city property valued between $1,500,000 and $15,000,000. On January 17th, the bill passed out of the House Committee on Government. 102 individuals and organizations registered or testified in support, while 2 signed in opposition. The bill will be heard by the House Rules Committee on January 22nd. HB 2162: municipal general plan; adoption, mandates new general plans for growing municipalities (2,500-10,000 population, >2% annual growth), requiring voter approval in the next election or within 180 days. If growth is below 2%, a plan is permitted, also subject to voter approval in the same period. Rejected plans necessitate resubmission or revision for the next election within 180 days. The bill will be heard by the House Committee on Government on January 24th. SB 1030: correctional facilities; body scanners, adds a political subdivision of the state to the list of entities that can request x-rays be taken, or perform a body scan using low dose ionizing radiation, on an inmate. The bill was discussed by the Senate Committee on Military Affairs, Public Safety, and Border Security (MAPS) on January 17th, but held for re-discussion MAPS on January 24th. Reminders Monday Conference Calls Join us every Monday at 10:00 a.m. for crucial legislative updates tailored for municipal leadership and staff. Our conference calls provide timely information Upcoming Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by Senate and House rule and are subject to change. This year’s schedule is as follows: January Monday 1/29: Senate Bill Introduction Deadline February Monday 2/5: House Bill Introduction Deadline Friday 2/16: Last Day to Hear SBs in Senate Committees and HBs in House Committees March Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate Committees AprilFriday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session Legislative StaffYou can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Adam Babica, Legislative Associate: ababica@azleague.org Rachel Merritt, Legislative Intern: legisintern@azleague.org on legislative developments, ensuring that you stay well-informed and equipped to navigate the ever-changing municipal landscape. Do not miss key insights that can impact your city or town’s policies and decisions. Mark your calendar and dial in for a focused briefing to start your week. #Keepup with us League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. on Twitter. Keep up with the issues and events. CLICK HERE Legislative Bill Monitoring Stay informed about legislation that may affect municipalities throughout thestate. Track proposed bills, stay updated on their progress, and actively engage in the democratic process. Here is what the League is tracking. Legislative Bill Monitoring Legislative Bulletin: As of Friday, January 26th, we have seen a diverse array of measures introduced at the Arizona State Legislature, indicating a robust legislative agenda for lawmakers. 699 House Bills and 434 Senate Bills have been introduced, alongside 51 and 28 resolutions or memorials from each respective chamber. This brings the current session's total number of measures to 1,212. Last week, legislators thwarted the advancement of two measures that could have negatively affected Arizona’s cities and towns – one advocating for the prohibition of photo radar and the other aiming to remove bicycle lanes from municipal plans. The Senate Transportation, Technology, and Missing Children Committee predominantly debated whether state lawmakers should make decisions that may have unintended consequences at the local level. League Testimony The League of Arizona Cities and Towns passionately champions municipal interests at the state legislature, actively testifying on bills and resolutions that impact cities and towns. Through collaborative partnerships and proactive engagement, we strive to empower local governments and ensure their voices are heard. Last week, the League testified on the following measures: HB 2120: law enforcement; defunding; prohibition House Committee on Military Affairs and Public Safety This bill presents serious challenges to Arizona cities and towns by restricting their autonomy in law enforcement budgeting and allowing the Arizona State Treasurer to withhold state shared funds. Limiting fiscal reductions for specific government functions overlooks the dynamic nature of municipal budgeting, hinders resource allocation flexibility, and leads to reductions in other services. Position: In Opposition Result: Held in Committee SCR 1006: property tax; refund; nuisance enforcement House Committee on Military Affairs and Public Safety This ballot proposal, aimed at providing relief to property owners whose property value may be affected by the presence of a nearby homeless population, authorizes claims for tax refunds due to non-enforcement of certain laws and requires the State Treasurer to withhold refund amounts from distribution base monies. This results in reduced revenue for municipalities, impacting their ability to address the concerns that may have led to the claim for a refund. Position: In Opposition Result: Passed w/ amend. 4-3-0 HB 2309: GPLET; agreement posting; abatement period House Ways and Means Committee This bill requires a government lessor to publicly disclose a lease, including all development agreements that are subject to excise tax, and reduces the abatement period from 8 to 4 years. Shortened abatement periods hinder economic development initiatives, impacting the ability of local governments to attract investments and incentivize affordable housing development. Position: In Opposition Result: Passed 6-4-0 HB 2080: elections; municipal vacancies; primary House Committee on Municipal Oversight and Elections The bill mandates that if a person holding public office is appointed during the primary, their term ends when the elected candidate takes office, upon canvass and certification. Mandating the conclusion of an appointed official's term during the primary disrupts stability and continuity in municipal leadership. Position: In Opposition Result: Passed 8-1-0 HB 2162: municipal general plan; adoption House Committee on Government This bill allows growing municipalities with a population between 2,500 and 100,000 people to submit a new general plan to voters for approval. This benefits cities and towns with varying growth rates by providing flexibility while maintaining transparency and community involvement. Position: In Support – League Resolution Result: Passed 9-0-0 SB 1056: municipalities; counties; fee increases; vote Senate Committee on Government This bill prohibits local governments – cities, towns, and counties – from levying or imposing an increase in any assessment, tax, or fee without approval by a 2/3 vote of the council or board of supervisors. This hampers local governments’ ability to provide essential services and respond to emergencies, complicates budgeting, and fosters political gridlock. Position: In Opposition Result: Passed 5-3-0 Upcoming Hearings This week, the League will continue to represent municipal interests and testify on important legislative measures. Be sure to check committee agendas for a link if you want to tune into a live stream or watch a recorded hearing. Here are some of the League’s upcoming priorities: HB 2570 - planning; home design; restrictions; prohibition House Committee on Commerce This bill restricts cities and towns from regulating lot sizes, lot coverage requirements, and setbacks, hindering their ability to enforce zoning ordinances promoting public health, safety, and general welfare. It undermines single-family zoning by prohibiting cities from regulating lot sizes, allowing unregulated density in designated areas. Deregulation of design standards may impede municipalities' capacity to maintain community aesthetics and common areas. The bill's overarching limitations on zoning control in urban areas with populations over 50,000 curtail cities and towns' ability to shape and regulate urban development, potentially compromising residents' overall quality of life. Position: In Opposition Hearing: 1/30 at 2:00 p.m. in HHR 3 HB 2275 - settlement agreements; report; approval House Committee on Government This constitutionally questionable bill introduces an intricate reporting and approval process for settlement agreements, creating administrative burdens and delays for municipalities. The designation of legally binding contracts as a matter of statewide concern raises concerns about state intervention in local governance. Additionally, the broad definition of "settlement agreement" and extensive reporting requirements may impose unnecessary administrative burdens on cities and towns, diverting resources and causing delays in the resolution of legal disputes. Position: In Opposition Hearing: 1/31 at 9:00 a.m. in HHR 3 League Resolutions The League of Arizona Cities and Towns, a collaborative organization representing the diverse interests of municipalities across the state, has strategically outlined proposed legislative priorities through a series of resolutions. These resolutions, endorsed by the League's executive committee comprised of municipal leaders from 25 member cities and towns, reflect a unified effort to address crucial issues and advocate for the collective welfare of Arizona communities. HB 2132: municipal land sales; public notice This bill is beneficial for Arizona municipalities as it ensures transparency in the sale of town or city property valued between $1,500,000 and $15,000,000 by imposing restrictions and requiring public notice. This promotes accountability and public involvement in significant property transactions. Status: Passed House; transmitted to Senate on 1/25 HB 2162: municipal general plan; adoption HB2162 allows municipalities that have previously approved their general plan at an election, who have fallen below the statutory population threshold to do so, to continue to submit their subsequent general plans for ratification by the voters. Status: Passed House GOV Committee on 1/24 HB 2489/SB 1205: short-term rentals; ordinance; limits These bills are advantageous for Arizona cities and towns as it grants them the authority to regulate vacation and short-term rentals through ordinances. By allowing municipalities to set limits, establish distances, and impose licensing restrictions, the bills empower local governments to manage their housing markets effectively, considering the unique needs and circumstances of each community. Status: HB 2489 introduced in House on 1/11; SB 1205 introduced in Senate on 1/22 SB 1030: correctional facilities; body scanners This bill benefits Arizona municipalities by expanding the entities authorized to Upcoming Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by Senate and House rule and are subject to change. This year’s schedule is as follows: January Monday 1/29: Senate Bill Introduction Deadline February Monday 2/5: House Bill Introduction Deadline Friday 2/16: Last Day to Hear SBs in Senate Committees and HBs in House Committees March Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate Committees request x-rays or body scans on inmates in correctional facilities. Including political subdivisions of the state in this process enhances security measures and aligns with the state's commitment to maintaining safety at correctional facilities. Status: Passed Senate MAPS Committee w/ amend. on 1/24 Reminders Bill Monitoring Stay informed about legislation that may affect municipalities throughout the state. Track proposed bills, stay updated on their progress, and actively engage in the democratic process. Here is what the League is tracking: https://azcapitolreports.com/report/21NP Monday Conference Calls Join us every Monday at 10:00 a.m. for crucial legislative updates tailored for municipal leadership and staff. Our conference calls provide timely information on legislative developments, ensuring that you stay well-informed and equipped to navigate the ever-changing municipal landscape. Do not miss key insights that can impact your city or town’s policies and decisions. Mark your calendar and dial in for a focused briefing to start your week. AprilFriday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session Legislative StaffYou can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Adam Babica, Legislative Associate: ababica@azleague.org Rachel Merritt, Legislative Intern: legisintern@azleague.org #Keepup withus on Twitter. Keep up with the issues and events. CLICK HERE Legislative Bill Monitoring Stay informed about legislation that may affect municipalities throughout the state. Track proposed bills, stay updated on their progress, and activelyengage in the democratic process. Here is what the League is tracking. Legislative Bill Monitoring League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe.