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HomeMy WebLinkAboutAGENDApacket__03-19-24_0132_565       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Brenda J. Kalivianakis Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Sharron Grzybowski Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, MARCH 19, 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.         Town Council Regular Meeting of March 19, 2024 2     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 - Vicky Derksen, Fountain Hills Resident     3.ROLL CALL – Mayor Dickey     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.Stellar Students for the Month of March.    B.PROCLAMATION: Designation of March 31, 2024, as the 50th Anniversary of the Fountain Hills Presbyterian Church.     6.PRESENTATIONS     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 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   Town Council Regular Meeting of March 19, 2024 3   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 January 17, 2024, and the Regular Meeting of February 6, 2024.      B.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Permanent Extension of Premise for the All American Sports Grill, located at 16872 E Ave of the Fountains, Fountain Hills, AZ 85268.      C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-09, abandoning the 10' Public Utility and Drainage Easement along the south side of 15027 E Palomino Boulevard (Application A24-000004)     D.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2024-013, Intergovernmental Agreement (IGA) with the State of Arizona for a Safe Routes to School (SRTS) support activities grant.     9.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Sanctions and possible censure against Councilmember Allen Skillicorn for sustained ethics violations.     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.     C.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 24-06, amending Zoning Ordinance Sections 1.12, Definitions, Section 5.14, Home Occupations, Section 10.02, Permitted Uses, and Section 11.02 Permitted Uses regarding regulations for home occupations and prohibited uses.     D.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-10 for an Intergovernmental Agreement with the City of Glendale for the use of the Glendale Regional Public Safety Training Center.      E.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-11 to enter into a Lease Agreement between the Town and American Medical Response of Maricopa, LLC (AMR) for housing of the ambulance crew at Fire Station 2.     F.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-12 for an   Town Council Regular Meeting of March 19, 2024 4   F.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-12 for an Intergovernmental Agreement with the City of Scottsdale for mutual assistance for fire and EMS related incidents.      G.CONSIDERATION AND POSSIBLE ACTION: Approving additional funding for construction of sidewalk gap elimination along Saguaro Boulevard and Palisades Boulevard     H.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 March 19, 2024 5   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 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):  Stellar Students for the Month of March. Staff Summary (Background) Mayor Dickey will recognize the Stellar Students for the Month of March. Form Review Form Started By: Angela Padgett-Espiritu Started On: 03/05/2024 03:27 PM Final Approval Date: 03/05/2024  ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 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 March 31, 2024, as the 50th Anniversary of the Fountain Hills Presbyterian Church. Staff Summary (Background) Mayor Dickey will proclaim March 31, 2024, as the 50th Anniversary of the Fountain Hills Presbyterian Church. Attachments PROCLAMATION: Designation of March 31, 2024, as the 50th Anniversary of the Fountain Hills Presbyterian Church  Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/29/2024 03:02 PM Final Approval Date: 01/29/2024  ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: 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 January 17, 2024, and the Regular Meeting of February 6, 2024.  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 January 17, 2024, and February 6, 2024. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of January 17, 2024, and February 6, 2024, as presented. Attachments Verbatim Transcript  Verbatim Transcript  Form Review Form Started By: Linda Mendenhall Started On: 03/06/2024 11:19 AM Final Approval Date: 03/06/2024  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 17, 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 5:30 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 One Hundred sixty-eight members of the public were present. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 1 of 125 Post-Production File Town of Fountain Hills Town Council Meeting Minutes January 17, 2024 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 JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 2 of 125 MAYOR DICKEY: Good evening everyone. Thank you for coming. We're happy to have you all here. Please stand for the pledge. And if you choose to, please stay up 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: Thanks so much. Kirk Kaiser from Fountain Hills. KAISER: Let us pray. Most triumphant and loving God. We come here tonight to discuss town business. We know that where two or three have gathered in your name, you are there. As we gather, may you be honored and glorified as the government is on your shoulders. So we ask that we, the people, of the people, and by the people assembled here tonight, stretch forth your hand of favor and increase our faith, because you remind us that all things are possible for those that dare to believe, for we still believe that the best is yet to come. Now receive all your honor, your glory, and your power forever in Jesus' name. Amen. ALL: Amen. MAYOR DICKEY: Thank you. 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. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 3 of 125 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 of 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, Linda. I'm going to make a little bit of an announcement first, because tonight we have Stellar Students here. We have three proclamations with special guests, and we have our poetry contest winners here, and of course, the rezoning item. So these items and all of these folks have drawn a lot of interest. And as you can see, we have a packed house. And after we announce the contest winners and the Stellar Students and do the proclamations, though, we're likely to see some space opening up, so you can probably find a seat. So please hang tight with us and we expect more room to become available. I think we also livestream out in the lobby, so if you feel like you would like to go out there, you can watch from there. And also obviously from at home on Channel 11 and on YouTube. So we're going to begin now with our usual reports from our town manager and council. GOODWIN: Great. Thanks, Mayor. Thanks, everybody, for being here. I'll be pretty quick since I know we have a lot to get through. As you know, we haven't had a council meeting since before the holiday season, so I did want to give a little bit of recognition to our holiday program, our annual Light Up the Town, which is our driving holiday map of all of our decorated homes in the community. We had over 30 homes participate. And I'm really impressed that we had over 18,000 views on the map. So there was a lot of holiday cheer going on here. So TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 4 of 125 congratulations. That's a great program. Another highlight during that time was the onboarding of the Fountain Hills Fire Department. They are 17 days strong as our official town fire department. So we are very excited about that. That transition has gone very smooth and has been a very exciting highlight. One of many for 2024. A note, one week from today is our annual expo at the community center. That is held from 3 to 5. It's free for all of our locals and visitors. It's a great way to find your opportunity to get involved, whether that is a club, whether that is a group, whether that is a civic organization. There's lots of different things. There's more than 80 groups that will be participating. So if you're interested in being involved in the town in some way or form, that's a great way to check out all the things going on. And lastly, we -- as many of you know, our CFO director David Pock will be leaving us later this year. He's going to be relocating with his family out of state. And while we are very disappointed of that, we have been taking a proactive approach to bring his replacement on board. And I'd like to introduce Paul Soldinger. Paul is way back there somewhere in this crowd. Today's Paul's second day with us. But you're going to be seeing Paul as we move through our budget process this year. He's going to be sort of director of parks' right-hand man, so to speak, as we move through the spring. So we'll look forward to what he can do with us and bringing him on board. So with that, those are all my updates. MAYOR DICKEY: Thank you. GOODWIN: Thank you. TOTH: I have no report tonight, Mayor, but I'm looking forward to all the festivities tonight. Hope everyone had a great Christmas and a happy New Year. MAYOR DICKEY: Vice Mayor? GRZYBOWSKI: The state legislature started meeting again and that means our weekly call started with the Arizona League of Cities and Towns. I did want to say thank you to the new Fountain Hills Fire Department for our T-shirts, which were super cool. Although I am concerned you're going to ask me to be like, back up, back up, back up to TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 5 of 125 respond. And I'm going to tell you, I don't do other people's blood, so I might not be the best person to show up. Just putting that out there in the universe now. Also, it's our favorite day of the month, Hannah and mine. It's Stellar Student Day. We love today. It is so much fun to have you guys here. I will say usually I ask you guys to stay afterwards, but I've seen the behavior of some of these adults on social media the past couple of months, and I'm going to suggest this might not be a good one for you to stay for. Maybe come back to another one where we're all a little better behaved. But thanks for coming. We appreciate you guys being here and congratulations to all of you. FRIEDEL: Thank you, Mayor. Just one quick announcement. February is teen dating domestic violence month, and we'll have some links that I'll share with our town staff. And we'll be reading a proclamation next month to recognize that. Thank you, Mayor. MAYOR DICKEY: Great. Thank you. Councilwoman? MCMAHON: Good evening, everybody. Since we have a packed house and a full agenda, for the economy of time I'm just going to say happy New Year and thank you for attending. KALIVIANAKIS: Thank you, Ms. Mayor. Hello, everybody. Thank you for coming. Wow, this is really amazing. All the people on YouTube, livestreaming, and Cox Channel 11, welcome to our meeting. If you could be here, you'd see it's a packed house. Just a couple of things. As part of my duties, I'm on the public safety, military affairs, and courts committee. The Council on Foreign Relations just issued their 2023 year in review report, which I read. Quite a year. I have a feeling that 2024 is even going to be more monumental. So we'll wait and see. Also, I'm on the pedestrians and streets committee, which we had a meeting with the mayor, Peggy, our town engineer, and other select staff; it's an honor to be on that committee. When people report anything from excessive speeding to any safety problems in our pedestrian walkways and our traffic areas, they notify the town, and we personally look at every single issue and we discuss it. We might put a speed truck out there or whatever. This was our agenda. And as you can see, a single space and it's packed. And so we're looking out for the people's safety and their street safety. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 6 of 125 Also our Fountain Hills Cares, I attended that as well with the mayor and Councilwoman McMahon. We are going to have a meeting on March 21st, 2024, at the community center. The topic is going to be civility, being civil in Fountain Hills. That's an important issue. We have a gem of a town. We have a beautiful place. We have beautiful views, beautiful hiking trails. You can always -- we just need to get along a little better. So that'll be there. I hope everybody can attend. It's going to be something that will be very meaningful. Lastly, and I'll try to keep it quick. We are going to have the kite festival this year. It's going to be on March 19th at Fountain Park. It's hosted by the Pakistan Information and Cultural association, PICO. The kite festival is a seasonal event celebrating the end of winter and welcoming spring. The kite festival is a major and most colorful event. And so like I said, that will be upcoming. It's a great event. They have a lot of food, kite flying, and camaraderie, and so I hope everyone can attend. Thanks for being here. That's all I have. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Thank you, Madam Mayor. Welcome, Fountain Hills. It looks like we have like ten percent of the whole town here, which is fabulous. And it was mentioned that our last meeting was before Christmas and stuff. So I hope everyone had a wonderful Christmas and safe New Year's. And I did have an opportunity to experience the Christmas lights. And I did not only follow the map, but there is some houses that weren't on the map which were fabulous. Next year you guys got to get on the map. You probably know who you are. Since then, there's been a number of ribbon cuttings, I've had an opportunity to attend a few. I did hit the Wine Walk that was last week, and it was amazing seeing a bunch of businesses that were just really you know, showing off. It was such a great thing. Last week, there was a Greater Phoenix Economic Council meeting that I was able to take part in, which was a great update of what's going on in the greater Phoenix area in the economic forecasts. Just this week, I was able to meet with the of the Webelo Scouts, the 848 Pack, and also TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 7 of 125 the Boy Scouts, the 440 pack. And of course, Monday was Martin Luther King Day. And I kind of want to just, very quickly, everyone is very familiar with the "I have a dream," and that really the, "I have a dream that my four children will one day live in a nation where we will not be judged by the color of our skin, but by the content of their character". Everyone knows that part, right? But there's a couple other things that are in that speech. And it's very, very quick here. And I'm just going to -- so there is a there's a quote in there, "Every valley shall be exalted, every mountain and hill shall be made low, and every crooked creek shall be made straight and the rough places plain". That's right out of Isaiah 44 through 5, right from Martin Luther King's speech. And there's another one here. "Weeping may stay for the night, but rejoicing comes in the morning". And that is actually from Psalm 35. And those are just a couple parts of that, "I have a dream" speech that I've had opportunity to read through the years over and over again, and especially the students read that speech, watch it on video. There's such a great -- and there's more into it than that. But don't just get stopped by that one little spot. Take it all in. And that concludes my report for tonight. MAYOR DICKEY: Thank you, Councilman. Yes, I had a special visit with Chief Ott and some personnel on New Year's Day. It was their first day. Our partners, Scottsdale Fire, lost a captain due to a job-related cancer. And Capt. Ewell was married with four kids. And I was proud of my son, Brian. He was part of the honor guard. And that was on TV yesterday. I don't know if you had a chance to see it, but it was very moving. Condolences to all because they obviously are our partners, and condolences to you, Chief. We are already practicing our mutual aid with Scottsdale. The agreement will probably be on our next meeting. But I had the chance to see some Fountain Hills Fire and Scottsdale fire trucks at one scene, and so that was a really good thing to see. Attended chamber breakfast. We had a meeting with the Maricopa County Attorney's Office. I was invited to attend a update by Senator Mark Kelly. I was also at the Sheriff Penzone County event where -- a Board of Supervisors. It was a like a farewell. They're going to be taking applications until Friday. At this point Chief Deputy Russ Skinner is TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 8 of 125 the interim sheriff for MCSO, and that's our law enforcement. Met with my East Valley mayors quarterly meeting. Spoke at an HOA gathering. There was a really neat ribbon cutting you were mentioning. That was at Safeway and the high school band was there. And GPEC, that economic snapshot, I think that's what you were talking about, right? And a league legislative update. And then, last, just want to invite you to the State of the Town, which will be on the 31st of this month, on Wednesday early, 7:30 in the morning. But we have breakfast and we'll probably start at 8. So you're all invited for that. Now we go right into our Stellar Students, which is the first item in this activity. So the way we do this, kids, is I read your name, I read what your teachers or your principal said about you. Angela over there will give you your certificate. You gather up here, and then when you're all done, we'll come down and get a picture. So we start with the Little Falcons. And the Little Falcons preschool, our first one is LahtiMae Guilliam. Is she here, LahtiMae Guilliam? Come on up. Go to that pretty lady right there. She's going to give you a little certificate. LahtiMae. Oh my gosh. "Lahti is our newest addition and has had a fast and successful transition into the three- year-old room. She's eager to come to school every day with the biggest smile on her face. She thrives on our classroom routine, and she's an excellent Falcon and demonstrates the Falcon way." That's LahtiMae. Yay, Lahti. Our next Little Falcon is Anderson Di Raffaele. Is Anderson here? All right. Come on up. Keep her company. "Anderson demonstrates all the characteristics of a great Falcon leader. He is kind, responsible, respectful. Anderson is a great addition to our classroom and has a huge heart. Anderson gets very excited to come to Little Falcons Preschool, and sometimes he's even a little sad on the days they don't have school." So that's Anderson. Okay. We're going to move up to McDowell Mountain and Elliot Baggett. It's Elliot here? Elliot, come on up. "Elliot is always a stellar student in the STEM classroom, in a regular classroom, and the whole school for that matter. She's just an incredibly hard worker and does her best all the time. She's an amazing friend to others and is the first TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 9 of 125 one to offer help whenever it's needed. She's so bright and creative, and I love to watch when she comes up within the challenges that she masters. She's one of those students who just seems to enjoy learning and her teachers just love that." Thank you, Elliot, for being a stellar example of the Falcon Way. Your teachers cannot wait to watch and see how your future unfolds and the amazing things you will accomplish. Elliot. McDowell Mountain. We have Jacob Langner. Is Jacob here? Oh, come on up, Jacob. "Jacob is a perfect example of a stellar student. He's kind gentle nature and amazing, positive attitude make him a delight in class. Not only does he always do his very best in his academic schoolwork, but he's extremely polite and considerate of others." Oh wow. "Jacob is ready and willing to help anyone in need, students and teachers alike. He tackles any challenge he's given in STEM class and always with a smile on his face. I've watched Jacob grow and mature since he was in kindergarten and couldn't be prouder of this young man he's become. Thank you, Jacob, for demonstrating all the pillars of the Falcon Way." Jacob. Okay. We're moving up to the middle school. Mila Holmes, is Mila here? Come on up. "Mila is a sweet young lady who always does her best. She's friendly and outgoing. She's not afraid to ask questions and ask and give help. She's a conscientious student, a hard worker, and always completes high quality work. She's a pleasure to have in class." Mila Holmes. Next from the middle school, we have Jaxon LaGiglia. Is Jackson here? All right. Come on up, Jackson. "Jackson is an amazing young man. He's a super student that goes above and beyond with all of his work. He's willing to participate in class and completes his work in a timely manner. He's kind and a great example representing Fountain Hills Middle School by being responsible, respectful, and kind." Jackson. All right. Now we're in high school. Mya Hinton is Mya here? Yeah. Come on up. "Maya, academically, she is a very gifted student. She works hard to improve her skills and she turns in work of utmost quality. She's also artistically talented and shares her artwork freely, as she demonstrated by making vibrant spirit signs for the girls' basketball team. She's a quiet leader who consistently adheres to the tenets of PBIs." TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 10 of 125 Maya Hinton. And I think we have a brother here from the high school. Maddox LaGiglia. Is Maddox here? Very good. "Maddox has excellent attendance and he's very studious about his online courses. I watch him take notes for his classes, and he's shown these really thorough notes to me. He's super polite and super friendly." Congratulations, Maddox. Okay, guys, we have to get together a little bit. You can stay. Stay. Stay, stay. Please stay. All right. Look at the cameras. LARSEN: Squeeze in. MAYOR DICKEY: Squeeze. Squeeze, squeeze. Thank you, guys. Alrighty. Thank you. [Pause] MAYOR DICKEY: Thank you everyone. Congratulations. Our next item is a proclamation in support of Israel and condemning all acts of terrorism. This item was brought to our attention by Councilman Gerry Friedel, and he's going to take it from here. FRIEDEL: Thank you mayor. Is Rabbi Mendy in the audience? No? Well, I'll read the proclamation and we'll make sure we get it to him. But it's a great honor for me to be able to do this, to show that the town is supporting Israel and our Jewish community here in town. So I'll start out with the proclamation. This is to support Israel and condemning acts of all terrorism. "Whereas the town of Fountain Hills recognizes the deep and longstanding friendship between the United States and Israel, built on shared values of democracy, freedom, and respect for human life. "And whereas the town of Fountain Hills condemns in the strongest possible terms all act of terrorism, both foreign and domestic, against innocent civilians. "And whereas we firmly believe that all nations have the right to live in peace and security within their borders, free from the threat of violence and intimidation. "And whereas the town of Fountain Hills stands in solidarity with the People of Israel in their ongoing struggle against terrorism and their tireless pursuit of peace. "Now, therefore, Mayor Ginny Dickey and the council of the Town of Fountain Hills do TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 11 of 125 hereby proclaim their unwavering support for the State of Israel and steadfast commitment to combating terrorism in all of its forms and urge citizens to remain vigilant against extremism and intolerance, and stand up for the values of peace, justice, human dignity that bind us all together." And then this is signed by the mayor. So we'll make sure that this gets to the rabbi and his congregation. MAYOR DICKEY: Thank you so much. Our next proclamation is the designation of the week of January 15th as Martin Luther King Jr. Week. And this was about a year in the making. Right, Councilwoman? And I'm going to hand it off to you. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. And I just want to thank the mayor and this council and staff for just being so supportive of this effort that we've been working on for a year. I'd also like to extend a warm welcome to our invited guests here tonight. Invited was the vice mayor of Chandler, OD Harris, who's sitting in the front row. Councilmember Christine Ellis, who serves honorably on the Chandler City Council. And former Councilman Scott September, who was on the Gilbert City council. Thank you all for being here. The proclamation reads as such: "Whereas Dr. Martin Luther King, Jr. devoted his life advancing equality, social justice and opportunity for all and challenged Americans to participate in the never-ending work of building a more perfect union. "Whereas Dr. King's tireless leadership throughout nonviolent resistance, including the Montgomery Bus Boycott and the March on Washington, ignited a nationwide movement that forever changed the course of American history. "Whereas Dr. King's most powerful and enduring message was delivered on August 28th, 1963, in his iconic "I Have a Dream" speech, which he called for an America where individuals would be judged not by the color of their skin, but by the content of their character. "Whereas Dr. King's legacy continues to inspire civil rights activism and ongoing efforts to build a just society with equal rights and equal opportunities for all Americans. "Whereas the third Monday in January is designated as a national holiday in TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 12 of 125 remembrance of Dr. Martin Luther King, Jr.'s birthday. "And whereas, the town of Fountain Hills honors Dr. King's courageous leadership and the civil rights movement and his vision of hope and justice for the future. "Now, therefore, Mayor Ginny Dickey and this council of Fountain Hills, Arizona, do hereby proclaim the week of January 5th, 2024, as Martin Luther King, Jr. Week in the town of Fountain Hills, and call upon all residents to commemorate this week through community service and activities that promote Dr. King's ideals of racial equality, inclusion, understanding, and social justice." Proclaimed the 17th day of January, signed by the Honorable Ginny Dickey and attested to by our clerk, Linda Mendenhall. And that's not all. We had the fortunate participation of the Fountain Hills Unified School District, and again, this council and mayor to put together a poetry contest to honor and commemorate the special occasion. The poems were written, they were judged, and we have the winners here in the front row. And they are going to read their poems to us tonight. Thank you, guys for coming. First is Isaac Guerrero Reyes, age nine. Isaac? Say hello. Oh, there we go. Oh, there we go. Read it right into there. REYES: His dream lives on about how he wanted everyone you see to live together peacefully. We're human, you and me, so let's be treated equally. KALIVIANAKIS: Next is going to be Vivian Thomas. Vivian? KOESTER THOMAS: In a land of injustice arose a man named Martin, courageous and strong, with a heart as warm as the sun. Standing up to the hate, he created hope for others. With a powerful voice and a heart filled with love, Martin lit a flame in the darkness of injustice. He would stand for rightfulness and give unity. We shall remember his hope and power to care and love for those who suffered. KALIVIANAKIS: Okay. Hello. Hello. Yeah. Thanks. Okay. Lastly, will be the eldest of our contestants, Charles Splittorff. Charles? SPLITTORFF: Martin Luther King. Jr and what he means to me. It was a quiet morning on April 4th, 1968, decrepit and worn, aged classrooms filled with lively students in a TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 13 of 125 dark, dull environment, separated from others because of their color. And for what reason does this call for hate? Were these not humans too? Whites separated from the blacks as if their humanity is not worth an ounce of their time. Why was it like this? Even in the darkness of the world, something was going to change. This had to change. Martin Luther King, a child of God who moved many in love for one another for the future of men, women and children. Through a confused culture, Dr. King led people through great lengths to see what life could be like if we had unity and compassion. He was a leader for a nation that was broken into two pieces. MAYOR DICKEY: Hey, Brenda. You want the council people to come up for a photo, too, and you can present? KALIVIANAKIS: Excuse me? MAYOR DICKEY: You want the council people to come up for a photo and you can present? KALIVIANAKIS: Yeah. MAYOR DICKEY: Come on up. UNIDENTIFIED SPEAKER: Thank you, Mayor. Thank you, Councilmembers. MAYOR DICKEY: Of course. Thank you for coming. Thank you. Come back anytime. UNIDENTIFIED SPEAKER: Thank you. MAYOR DICKEY: And one more. All right. Yeah. Thank you so much. We have one other proclamation. It was requested by Not In Our City. The executive director is Kevin Campbell; a Chandler councilman, Mark Stewart; and also former Councilman Scott September from Gilbert, who is still here. So I'm going to go down and present this right now. Come on. You get to hold it and I get to read. I'm so glad you're here. All right. UNIDENTIFIED SPEAKER: It was a perfect time. MAYOR DICKEY: Then you'll get to say a few words. Is it not working? It is not working. It was on. Oh, there we go. Okay. All right. Thank you very much for coming. We really appreciate you coming to Fountain Hills. And as I said, come back any time. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 14 of 125 "Whereas human trafficking is a global plague that impacts millions of people every year, including tens of thousands of Americans. And whereas the United States ranks as one of the worst countries globally for human trafficking, and Arizona ranks in the top fifteen states with the highest rate of human trafficking per capita. And whereas, human trafficking impacts people across all demographics and ages, including teenagers and children. And whereas, the battle against human trafficking includes supporting efforts in schools, churches, nonprofits, law enforcement, and businesses to prevent human trafficking, intervene, disrupt, and dismantle the syndicates, and provide resources to and support for victims of human trafficking. And whereas, the Town of Fountain Hills joins these groups, plus federal and state coalitions, and the NotInOurCity.org movement in our commitment to increase public awareness of the human trafficking epidemic that impacts our community, our state, our nation, and the world. So therefore, I, Ginny Dickey, mayor, hereby do proclaim the month of January as Anti-Human Trafficking Month and urge all to work together to eliminate trafficking from our community and support the efforts of front-line organizations and law enforcement in their battle against human trafficking. And take a stand to say, not in our city." SEPTEMBER: Thank you. Thank you mayor. My name is Scott September. As the mayor said earlier, I'm a recovering council member from Gilbert. My service to Gilbert ended about a year ago, but my service to the community has not. I'm a part of the Not In Our City organization, and we are a front-line organization that helps provide awareness for this issue. Because too many families and too many towns and cities aren't aware of what's happening. And so that's one of the things that we do. We have an annual night of hope. This year it's going to be February 18th at the Grand Canyon University basketball arena. If you go to notinourcity.org, you can learn more and you can participate. You can join elected officials, law enforcement, community leaders, and churches to be there and to take a stand and say, not in our city. And I want to thank the mayor and this council for making this proclamation. When a city makes a proclamation, they're saying something. They're taking a stand. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 15 of 125 And it's very powerful. And we appreciate you saying that. It says something about who Fountain Hills is as a community and who Fountain Hills is as a city in this council. And so we appreciate it. Thank you very much. MAYOR DICKEY: All right. UNIDENTIFIED SPEAKER: Thank you. MAYOR DICKEY: Thank you so much. UNIDENTIFIED SPEAKER: Appreciate you. MAYOR DICKEY: Oh, yes. UNIDENTIFIED SPEAKER: Wait, Mayor, hold on. MAYOR DICKEY: Okay. Thank you for being my -- UNIDENTIFIED SPEAKER: Yes. MAYOR DICKEY: Chandler. UNIDENTIFIED SPEAKER: He lives in Chandler. MAYOR DICKEY: We used to live in Gilbert, so there you go. UNIDENTIFIED SPEAKER: So we are actually the councilmember for your son in Chandler? MAYOR DICKEY: Yes. UNIDENTIFIED SPEAKER: All right. Thanks, Mayor. Take care. MAYOR DICKEY: Thank you so much. Thank you, council. UNIDENTIFIED SPEAKER: Thank you, council. MAYOR DICKEY: All right. Thank you everyone so much. We next go to call to the public. And I'm just going to remind, because we have a lot going on tonight. So as we get started, I wanted to remind everyone that call to the public is for items that aren't on the agenda. So if you're here to speak on the rezoning, please hold your comment until we get to that agenda item. We would appreciate that. Do we have any cards? MENDENHALL: Yes, Mayor, we do. We have three comment cards. And so I will say in order of what -- of when you need to come up. Okay? So we'll have more on that -- up to that. So first, we're going to start out with Barry Wolborsky. After Barry will be Larry TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 16 of 125 Myers, and then Lori Troller. WOLBORSKY: Barry Wolborsky, resident of Fountain Hills. So this council has members who strongly support business. It has members who strongly support tourism. It has members who strongly support getting more industry. What I think is missing from this council is members who support the homeowners. When homeowners complained about Justin Weldy's unsightly material dumps in town, the council did nothing. When homeowners adjacent to the Dark Sky project complained about the construction impact, the council did nothing. When the homeowners complained about the noise at Saguaro and Gunsight, the council did nothing. After all, the homeowners are responsible for the majority of revenues in Fountain Hills from their sales tax revenue and from their property taxes, which go to the state and county and then come back to the town. Homeowners are also the largest voting bloc in Fountain Hills, yet there is no one on the council who I can truly say represents the homeowners. But, occasionally, the homeowners have taken matters into their own hands, as they did with Daybreak in 2019, using the referendum process to override the council that ignores them. Since there are no advocates for the homeowners, then maybe they have to take the referendum process again about the rezone and the Target shopping center for high-density apartment buildings. By the way, back east, they call these types of buildings the projects. And they're not well liked. MAYOR DICKEY: Don't bring me to the next thing I'm going to announce. I was waiting till we get to the item, but we will not have outbursts tonight. Larry? MEYERS: Mayor and council, while my comments here may reference an agenda item, they do not get to the heart of any agenda item issue. Quite some time ago, a development agreement was struck. A contract, as it were, for multiple phases of high- density housing within the downtown known as Park Place. Two buildings were constructed with hundreds of apartments. Additional buildings with hundreds of apartments were agreed to, with one building containing commercial on the first floor, TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 17 of 125 which is mixed-use to be constructed on the remaining land parcel down the Avenue and along Saguaro. There are persons sitting on the dais as we speak, that blocked the advancement of the second phase for over a year, to the point that it ended up in court, for whatever reason; perceived bad dealing, unscrupulous behavior, whatever. I'm not privy to it. Unfortunately, interest rates and financing became much more difficult during that time period, and as a result, the bare dirt with an ugly chain fence around what has now graced the downtown to this day. Along with that, when and if the second phase of the project comes to fruition, those higher costs will inevitably be passed on to renters. All this was done to a local developer. While massive changes to our ordinance are being considered without getting all the questions answered by an out-of-the-state developer. Further, the out- of-state developer's currently in litigation in superior court for, I guess, alleged bad dealing and unscrupulous behavior. I'm having a hard time with how the town gives harsher treatment to a local developer who answered all the questions, then we give to the out-of-state developer who answers none of the questions. Also, unfortunately, all the things that were highlighted as benefits for the new agenda item that will come later, Park Place fits them all. Walkability; less cars; close to proximity to retail, restaurant, businesses; and not to mention the vibrancy of the downtown. So I don't know why we stopped his other phases. You all might, I don't. So my question really is how many apartments is right for Fountain Hills? That number has never been spoken. And so with that, I would like to just ask the council to consider making the same treatment available to all developers that they made to our local developer, or maybe flip it and treat our local developer with a little more fairness. And I thank you for your time. TROLLER: Good evening, Mayor, council, Linda, Rachael, Aaron. Lori Troller. In 15 days till the codification of when we get the SWF ordinance completed, the only way to legally protect this town from telecoms coming in and giving us one application that will have over 2,000 requests, and we're going to have to approve those. There's going to TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 18 of 125 be -- we'll have no choice after January 1st between the time we get that and the codification. So if we don't get this now, there's really no point in doing the ordinance. We need to extend the moratorium. Regardless of how Aaron interprets the law, moratoriums are very legal. And I would reference you to a House Resolution Number 3557 telecoms are trying to pass which exactly does that; makes moratoriums illegal. So they wouldn't be fighting and paying millions of dollars to do it if it was illegal already. They are very legal. So please extend the moratorium. I would suggest till August 30th, 2024. Otherwise, load up the telecoms with the darts, open your arms up, and call yourself a dart board. Thanks. MAYOR DICKEY: Thank you very much, everyone. We go to our consent agenda now. Is there a motion to approve? GRZYBOWSKI: Motion to approve. SKILLICORN: Second. MAYOR DICKEY: Thank you. Roll call, please? MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thanks, everyone. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 19 of 125 SKILLICORN: Madam Mayor, I have a quick point of order. Okay. And this is partially for council and also for attorney. The upcoming hearing, is this legislative or is this quasi- judicial? ARNSON: You mean the upcoming hearing on the Target Center rezone item? SKILLICORN: Yeah. On the site specific plan. ARNSON: It's a legislative matter. SKILLICORN: It's a legislative matter? Is anything we're doing tonight quasi-judicial? ARNSON: Is anything we're doing tonight quasi-judicial? SKILLICORN: Yeah. ARNSON: You mean from the upcoming hearings? SKILLICORN: Yeah. I want to make sure the hearings are fair. We want to be respectful if someone wants to invest in our town, but we want to make sure it's fair for both the people and the developer. ARNSON: Most certainly. And whether quasi-judicial or legislative, I mean, I would anticipate the hearings would be fair. Certainly. SKILLICORN: Okay. Well, and part of my curiosity is if people on this council have ex parte communications with them and need to recuse themselves or have taken campaign contributions from them and need to recuse themselves. And I'm just curious if people on the record, have they had ex parte communications, have they taken contributions from the developer? ARNSON: And I would think that if there's a conflict of interest, we've given instruction to the council before and to members of our boards and commissions that if there's a conflict of interest, they know how to disclose it in the public records of the town and how to declare a conflict. MAYOR DICKEY: Okay. Thank you. We're on our first regular agenda item, which is the rezoning. I just wanted to say a few things before we get started so that everyone knows what we're expecting. Because of the likely numbers, obviously, of people speaking, we're going to be enforcing our rules strictly so everyone has a chance. Everybody please speak through the chair and wait to be recognized. Once an agenda TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 20 of 125 item starts, the clerk will not accept any more cards. These are all rules that we have, but sometimes we like to be a little bit more flexible. Everyone has the chance to speak once on each agenda item for up to three minutes. Speakers may not reserve time or transfer unused time to another. Like I was just saying, if you've come to our meetings a lot, I usually like to give a little extra time, but with the number of speakers, it's just not going to be possible tonight. Feelings are strong, of course, on both sides of this issue. We're going to hear everyone out and be respectful of it. A lot of people have worked hard to prepare for tonight in all ways. And again, you applauded before, I just wanted to remind you that we will not be doing that. I don't want to have to recess or do anything like that. So please refrain from disrupting any of the speakers, the staff, the applicants, each other, or the council. So again, whether you agree or disagree with an item, we're going to follow the rules and we're going to be respectful and I appreciate it. And process-wise a little bit, what you were just mentioning, I'm going to open the hearing. We'll start with the presentations by Development Director Wesley, followed by the economic development director, Amanda Jacobs, and then the applicants. I will ask council to please jot down your comments or questions during the presentations so that they can get through that. And then we will be able to ask them during our discussions. And as you know, sometimes you get your question answered if we wait for the whole presentation. We'll then take public comment. I'll close the hearing. Staff and applicants can respond. The council can start discussion and they can ask questions of staff and the applicants. And a motion can be made at any time but does not preclude council discussion or questions. So that's the process. That's the way we'll do this tonight. And hopefully we'll be orderly and respectful and everybody will feel like they've been heard. So we are going to start. Rachael, if you'd like to kick it off, please? GOODWIN: Absolutely. I'm going to ask Director Wesley to step forward and begin his presentation. WESLEY: Good evening, Mayor and council. I do have a presentation this evening to TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 21 of 125 guide you through some of the questions and the issues associated with this proposed rezoning. So to start with, just to make one thing clear, because there was a little bit of confusion when we were at the planning and zoning commission. There are two separate requests, each one is independent of each other. The western request, the Villages at Four Peaks P.A.D., has a request to rezone that portion, 6.7 acres from its current C-2 P.U.D. IND-1, to this Four Peaks P.A.D. -- Villages at Four Peaks P.A.D. And then the eastern portion, a separate request really just dealing with signage on that parcel. Rezones it to a Four Peaks Plaza P.A.D. So again, two separate things, but they are adjacent to each other. I'll be covering the first item of this evening, the rezone for the Villages at Four Peaks. A little timeline associated with this. We received the application for this request in March of last year. The standard timeline for an application received on that date would have had it before you in August. However, the applicant took a lot of time working with staff to delve into the requests and respond to some staff comments and concerns and continue to refine the request. Ordinance requires them to hold at least one citizen participation meeting. They held two when they were ready then, and staff was ready to move forward to the public review process. Notice was provided in November for the December P&Z and the January council hearings. The request is for a 316-unit wrap residential community. What that means is it will have an embedded parking structure with these apartment units wrapped around that parking structure, rather than having a lot of surface level parking. Four stories, one-, two- and three-bedrooms, 561 parking spaces. It will have two interior courtyards with perimeter landscaping, then a pedestrian mall/connectivity area associated with the Four Peaks Plaza. General plan for this area designation. The character area is the Shea corridor designation. We'll talk more about that in a little bit. Again site showing the location for this specific request there along Technology and Shea Boulevard at that southeast corner. So west of the Target center, that strip area, and a couple of outparcels. Here's a representation of the proposed site plan for the building. And you see the TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 22 of 125 parking structure wrapped by the building. Main entry, here facing Shea. Main entry into the parking structure off of Technology. See the interior courtyard areas and then this pedestrian area along here that helps provide connectivity from the different exits so that it has a pedestrian walk and then can also connect over to the Target Plaza. Some views of the facility, this one looking from Shea Boulevard towards the main entry. You can see the architectural design and shows materials there in the box that will be used. Here's a view from Technology to the entry into the parking structure. And then one from the adjacent shopping plaza to that pedestrian connection. So I've heard a lot of discussion questions about P.A.D. and what does that mean. So I wanted to cover that for a few moments before we go into the request itself. So P.A.D. or planned area development, is a base zoning district. Just like R1-10 is a base zoning district or C-2 or IND-1, or any of our other zoning districts we have. It is a district in and of itself. This is different than we used to have years ago when this property was previously zoned to its current designation. We had a P.U.D. or planned unit development overlay district. With that, you use an existing zoning district, in this case a C-2, and then you use the P.U.D. as an overlay to allow modifications to the standards in that underlying district. That was done away with several years ago. And so now we have the P.A.D. And so part of this is bringing the zoning into our current definitions and current districts available within our zoning ordinance. So this request will create basically a unique zoning district that will be called the Villages of Four Peaks P.A.D. And that's what you'll see on our zoning maps, if this were to get approved instead of a, again, a C- 2 or a whatever, that will be the designation for the zoning of The Village of Four Peaks P.A.D. It will have its own standards as they get adopted through the council, again, if that is what the council does. To help this process, the P.A.D. typically does reference standards in another zoning district that's similar to what they want to do. So they can say it's like this, but with these modifications or differences. So what are the development standards being requested for this P.A.D.? Uses to be TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 23 of 125 allowed are residential and the commercial uses similar to the C-2 zoning district. Minimum lot area of 6,000 square feet. Residential will be allowed at one unit per 1,230 gross square feet minimum lot width. Maximum building height of 55. Building length 200 feet setbacks. And then the parking as they calculated it. So as staff looked at this and worked on this with the applicant, we saw three things in terms of their proposed requested development standards that we thought deserved review and evaluation consideration by the P&Z and now by council. I want to go through each of these -- a little bit more information about each one of them. So with regard to the area per unit and the density, again, they're requesting one unit per 1,230 square feet So that equates to about 47 dwelling units per acre. The closest we have to that currently in our zoning ordinance is the R-5, which is 1,740 square feet per unit for approximately 25 units per acre. Park Place is at a similar density to what's being proposed here at 46 units per acre. When we look at the town and our existing development pattern and uses, we see that we have about 81 acres or six-tenths of a percent of the town area developed with multi-family non-condo, and most of those are at four units or less. We see that we have about 15 percent of our dwellings are renter occupied. This compares to 30-plus percent when we look at Maricopa County, Arizona, or across the country as a whole. So we're really very low in terms of a percentage of our population that are renters. And when we look at the history of the town, we'll go into this in -- just more in a minute. Multifamily zoning has been significantly reduced from the original plans for Fountain Hills. The general plan has several goals and policies that address some of the things with regard to this request, I've included a couple here. Probably the main one that we support a housing strategy that encourages a broad range of quality housing types to address needs currently and into the future. As I mentioned a minute ago, Fountain Hills in our history has evolved quite a bit with its zoning. We're always adjusting things to respond to market changes, population changes, trying to get that best balance of zones that provide for the uses in the community. Originally planned for around 70,000 population, a lot of commercial TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 24 of 125 zoning was put in place upfront. But the population has been significantly reduced through rezonings and actual development. A couple of examples. Here we see in kind of the yellow in the upper left area in '79 was zoned R-3 as a medium density residential area. It was changed to R1-10 and developed with kind of a medium lot single family development. The lower right one in the green was originally planned as an R-4 high-density area. It was actually rezoned to an R1-10 single-family development, a much lower density. Also, we have areas that maybe retained their similar zoning, in this case generally R-5s, but not developed with really the density that goes with an R-5 or an R-4 density. So because of that, we didn't really get the population density that was originally expected in the town to go with the amount of commercial development. So again, we strive constantly to adjust zoning as different requests come up to get that optimal mix of land uses that will work together to provide for a vibrant town. Areas with significant multifamily have been reduced through different rezoning actions over the years. Those were just a couple of several examples that could be provided. This particular area along Shea is probably about the only area in town where development of this scale and density could occur to help offset some of the reductions in density that have occurred elsewhere. It's an area that's separated from other lower density residential uses and is along the primary arterial street network, which is good for this type of density. With regard to height. The main parapet line for this proposed development is 49 feet. Maximum height will be 55 feet, with some of the popups for the parapets to provide some articulation to the maximum of the building. In comparison, Park Place was approved with a maximum height of 54 feet. I believe the current buildings top out at about 50 feet at the top of their parapets. CopperWynd P.A.D., known as Adero Scottsdale, was approved at 75 feet of height for phase 1, and 60 and 50 for the upcoming phases. And this particular location, because of the topography, the actual building site compared to Shea Boulevard is lower, and so that building height will not seem quite as significant as it might in other cases. Here's an example of the visual TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 25 of 125 impact from across the street. And so in the upper right, you're looking out from this property towards the shopping center where the development will be built. And so here it's been put in and so you can see it, but it doesn't really significantly impact that view shed from across the way. The other item was, again, the parking. They're requesting 561 spaces. Park Place was approved with a 20 percent parking reduction. The Pillar P.A.D. was approved with 18 percent reduction of parking onsite, but then also allowed to include the parking on Westby that they added into that mix. So when you combine those, it is a ten percent reduction in parking. This request is asking for 11.9% reduction from what the standard parking would be. We did some research of a variety of areas looking for data about renters and cars, and how much parking they need and found these various examples; particularly in Fountain Hills 55 percent of renters have one vehicle. When we apply those types of numbers at one vehicle basically per unit for half of the units and then two for the remainder, you'd estimate you'd need about 480 parking spaces. If you use one parking space per bedroom, you need around 498 spaces to meet the needs of the residents. Again, they're requesting 561 spaces, so that leaves approximately 60 to 80 spaces for guests. So is that sufficient number of guest parking for this development? That's one space for about every four units, five units; something along that line. Excess parking if it were to occur, would likely occur over on the Target parking lot. Technology is signed for no parking. Obviously, you're not going to park along Shea. So that would be the logical place for any overflow parking to actually happen. So approval of the P.A.D. The ordinance sets forth some criteria for the council to consider and use as their guide for consideration of a P.A.D. And it says that council is to base its decision on: is the plan consistent with the general plan; any applicable specific plan; and does it meet the stated purposes within the P.A.D. district? So many different items from the general plan. I've used a couple earlier in the presentation. The vision statement in the plan has a couple of items I felt applied to consideration of this request, in terms of helping with the economy and providing residents who can help stabilize and invigorate the economy, and also having the variety TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 26 of 125 of housing options available. And the neighborhood's goal, again, with regard to supporting a broad range of housing types. And the economy goal to attract families and particularly working professionals. With regard to a specific plan. We don't have a specific plan for this area, but we do have the description in the general plan for the Shea corridor character area, and it recognizes there the need to redevelop some of our overbuilt commercial areas and provide some stability, likely through a greater mix of uses and multi-residence that may require greater height. As far as meeting the purpose of the P.A.D. The stated purposes of the P.A.D. are to redevelop the property with quality residential land use, to provide a residential land use that can help provide activity in the center and help reinvigorate the remaining plaza, and also provide housing opportunities for young professionals, empty- nesters and those that want a lock-and-leave type lifestyle. Planning and zoning commission, as you know, reviewed this at their meeting last month. There was a motion made to approve the request, but that did not receive support from the council -- or from the commission, excuse me. Staff does support the recommendation for approval. Feel it's consistent with the general plan. It will continue to find a balance of uses and densities for a thriving community. It's consistent with the character area plan, meets the P.A.D. district purpose, provide a unique redevelopment opportunity for the Plaza and the corridor. Visual impacts are minimized, provides high quality building design materials, and exceeds base standards. There are some stipulations if the council does vote to approve this that would need to be included with that approval, these are listed here and are in your staff report. So that is the end of my presentation. So I believe we're going to go right on to -- okay. Here we go. MAYOR DICKEY: Thank you. JACOBS: Good evening, Madam Mayor, members of council, members of the audience. Happy new year. I first want to get started. So most of you know -- but I haven't met all 24,000 of our residents. But I've been in local government for over 20 years. It is not typical or best practice with a rezoning case to hear from economic development. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 27 of 125 However, on Thursday, December 7th -- so the Thursday before the planning and zoning commission, which is on December 11th the chair of the commission asked me to speak. And so to keep with consistency that is why I am presenting. And then, of course, these do have economic impacts. I have several slides that are data, and then we'll go into the recently adopted community economic development strategy. So everyone should be familiar with this, our demographics. Again, won't go through all of it. But looking at the median household of 87,000, the median sale is over 660,000. I am not a mathematician, but those numbers don't add up. And as we've talked with council during the summit last year, I had the opportunity through the Greater Phoenix Economic Council -- that's the regional economic development organization. So GPEC, the EDO, I had the opportunity to meet with site selectors throughout the United States. And one of them came to me and he said, I know that you know this, you've been doing it a long time, but once you fix that, come to us. Because this is an issue. Our major employers, again, you are familiar with are mostly service-based. The annual salary of a service-based employee is over $40,000. Our apartment occupancy. So we've added a little bit more data than what you typically see during my quarterly reports, but showing the number of units, the occupancy rate. And so since I started almost two years ago, the occupancy rate has remained over 90 percent. And it's continued to be a challenge, our supply/demand issue. I shared with you too, personally, as I was going through the interview process and then looking to get a home here in Fountain Hills, I only had a couple of options. Luckily, the stars aligned and I am a Fountain Hills resident. Mayor Dickey was on a call last week -- it sounds like Councilmember Skillicorn was on a call last week with GPEC. And so as we look at to the economics, the inflation, what we're seeing with mortgage rates, that is driving people to rent versus buy because it's just not affordable. We received some comments from the community about when you bring more apartments, you are just bringing retirees and winter visitors. Staff reached out, some to some property owners. Apartments don't always feel willing to share data. I am very TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 28 of 125 grateful to the current owner of Park Place, who shared this. Again, will not go line by line. But if you look at the demographics and then where it says retired, it's 15.2 percent. And so that is a false statement. I have also shared too, being a renter. When I first came here, people were quite a bit older, were retired. But what has been lovely to see is the change in demographics. And when it comes to ethnicity and age, there are single people, there are young couples, there are families with young kiddos, some of them not quite school age. And so it's been refreshing to see. Our apartment pipeline. So there's been inquiries in regards to -- council has approved some multifamily apartments, and so what does that look like? So you have the apartment names. The number of units are 324. And again, pipeline kind of depends on what we're talking about. So when it says the status, we've got two waiting for submittal. So what that means is when staff -- and this is under the development services department and the permitting division, they will come in with a formal submittal. It will go through an internal review with development services, engineering, fire, et cetera, and if there's comments it gets kicked back. And so as you can see, staff right now is waiting for submittal. And with these two properties it's been over 100 days. So not close to breaking ground anytime soon. If you see the five below, it says waiting to issue. So what that means is we could be waiting for something from the sanitary district. We could be waiting to collect permit fees. So we're in a status of waiting. You can see one is over 306 days. That is almost 365, which is a year. There's one below that that says, N/A. What that means is that applicant chose to use a third-party. So unfortunately staff can't track that data in our system. Below that you will see three properties where no application's been submitted, so we have not received a formal application. I will say that there is one property that reached out in December and are just fine tuning things. But again, until we get a formal application, we cannot divulge that. And again, the N/A is because we don't have any data, it's not being tracked through the system. So again there's 324. I also want to point out that -- thank goodness we live in the United States of America TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 29 of 125 and we have choice. And so why we show this pipeline, it's not apples to apples to the rezoning that will be before you and when Mr. Morris gets up. So again, when you see eight or five, it's going to be a little different than where I live. It's going to be different than what Park Place is offering, as well as what the applicant is proposing. A little music going on. All right. So now we're going to go into our community economic development strategy, that is CEDS. And we're going to highlight our business attraction. So council unanimously adopted the community economic development strategy in September. I want to point out that it says collaborate with the property owner of Four Peaks Plaza, located in the Shea corridor, to redevelop the commercial center to a mixed-use property. So on my sixth day as the economic development director, I had the opportunity to meet with Sandor. I bring that up because in March, it will be two years. And so change doesn't happen overnight. This was not a rushed process. When I met with Sandor, I asked them, what are your plans? They shared. They were open. They asked me if I had ideas and I said, hold up boys. I've only been on the job for six days. Give me the opportunity to connect with our community members and look at the data. And so over several months, I had the opportunity to meet with hundreds -- again, not our 24,000. And this particular shopping center was brought up. I was told, Amanda, they wanted to bring forth a multifamily property. What can you do to bring that? So looking at the data and talking to our constituents, our residents, our business owners -- and it's wonderful that most of our business owners are actually Fountain Hills residents. But also with my experience in talking with council and talking with our constituents; some of you all checked me out and know where I came from with my almost 20 years -- so 19 years. I had the great pleasure of working with bioscience companies, aerospace companies, hospitals. And then I don't know if you guys have heard of Arizona State University or University of Arizona, but things that they asked of me in that other municipality was, we need diverse housing and we need multifamily. These young professionals that we're bringing up, we need to give them options in order to have that talent attraction. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 30 of 125 And so months later, I did follow up with Sandor and said that I was in support of this project. It still took several months for them to do due diligence. One of the Sandor reps was invited last January to our economic development summit and had the opportunity to hear from business leaders, commissioners, residents. And one of the themes that came up -- and you all know I was walking around to make sure I was available to make sure to get deeper conversations, was housing and diverse housing. Before I move off of this bullet point, there has been question about mixed-use property. So some of us are used to mixed-use being vertical and that it just has to be apartments on top and then some commercial on the bottom. That is not true. And again, as professionals, we're used to some of these. I'm not sure how many of you too are native to Arizona -- I am. And so we'll look at horizontal as well, or mixed-uses a variety. And so this is a mixed-use property. Second, exploring opportunities to revitalize and redevelop. I ask you to imagine that if this project goes forward, that you start to breathe life into the commercial, that we start to reimagine the Target center and being vibrant. I ask you to look at -- I've heard that Walgreens has been closed for many, many, many years. Sometimes it's on the market, off the market. Does that motivate them to reopen or to attract somebody else? I've shared with you -- it's in the staff report. I brought it up in the planning and zoning commission a week prior to the planning and zoning commission, a local developer reached out to staff and said, Amanda, John, we've been sitting on property for 20 years, vacant land, commercially zoned. We heard council approved apartments, 316 people. That's demand. We said time out. We still have to go through planning and zoning. We have to go through council. And they said if you move forward with that, we will keep our commercial zoning and we will move forward. We've got ideas for retail, for restaurants. And so let's reimagine. Let's motivate people. Diverse housing opportunities. There's been questions about diverse. So diverse means variety. You can look it up in the dictionary. And then housing, what we mean by that is, again, single-family; could be townhomes, condos. Giving people choices. And so that's what that means. We were specific with multifamily and workforce housing. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 31 of 125 Some people have questioned workforce housing. Our folks, again, want housing opportunities for the workforce. That's what we mean. That's the intent by this. There are opportunities where some municipalities provide some type of tax incentive or tax rebate that is not this project. We have two more slides. Thanks for hanging in. And so something else. One of our focus areas is business retention and expansion. I have told the council it is not traditional to invite council members into our site visits with the Chamber and myself just because of council manager form of government. But I have invited you to hear from our businesses what they need, and several of you have heard they need housing, they need apartments, they want to be heard. Some of our trends last year was communication. Check. We took care of that. That was our fall and spring guide. Sign code. Check. Temporary signs. Council passed that. And so we're needing a little help, is this workforce available and a variety of housing options? So also received comments. Apartments bring no value. Value can mean a belief. Value can be monetary. As professional experts, we look at the monetary and that is a false statement. So if you look at the first three lines, those are our one-time revenues. Our state shared revenues; annual is over 169,000. So again that is false, there is value. And value in the sense that again, population brings demand. This is my last slide. So I'll ask Mr. Morris to start getting up. But again Mayor and council, economic development does support this. We have talked privately, openly in front of everybody. You have asked where you can help. And so I ask, respectfully, that you pass this item. Put us in the right position to change our major employers. We're excited to have those business. But again, if we want to start attracting more assembly and bioscience companies, we need to fix the diverse housing options. Otherwise you again make it difficult. We talk about open for business, putting handcuffs -- take the handcuffs off of Fountain Hills and please, off of your economic development director. MAYOR DICKEY: Aaron, I'm going to open the hearing now when we hear from the applicant. ARNSON: Sure. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 32 of 125 JACOBS: And then, Madam Mayor, we are inviting Mr. Morris, who is the representative for the applicant. Mr. Morris. MORRIS: Hi Mayor, Councilmembers. Jason Morris with the -- Morris on behalf of the applicant. Thank you. It's a pleasure to be here this evening. Obviously, there's great interest in this application and we have a lot of material. But I would say that your staff, both in economic development and planning, have laid a tremendous groundwork and really talked about the recommendations for approval on this site. And I also want to say as a precursor. The applicant appreciates the opportunity to be heard, and they also appreciate the opportunity for the entire town to weigh in on this. And they've been following the comments that have been made both at planning commission, but more importantly, the comments that have been made through your website. I'm sure the comments we will hear this evening. But also having this dialogue has only reaffirmed the applicant's desire to reinvest in the town. They are one of your largest landowners within the town, and at times, some of the dialogue hasn't really encouraged them to be a landowner within the town. But listening to the support, listening to the dialogue, and listening to the encouragement has really led us to this presentation this evening. So thank you. As you're aware from the overview, the Village at Fort Peaks is really a focal point from an arterial roadway. And one of the things from a land use perspective -- and knowing that land use has been my sole profession over these last now 30 years, looking for a location for multifamily that can do the benefit to the surrounding retail, while not being a detriment to any of the surrounding land uses, is an anomaly; it is very difficult. Having done precisely this type of zoning -- and we'll talk about what that looks like in some of the other jurisdictions having done this before, finding a site that's so ideal, so beneficial is rare. But as we'll see from later slides, seeing a site that also includes support from the documents of the town, your general plan, your economic development town is also almost unheard of. The site itself has challenges. It's not a secret that it is largely vacant. We're talking about 65,000 square feet of unoccupied space. That is a major amount of the overall unoccupied retail space within the town TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 33 of 125 itself. It's a significant number. When you look at the use restrictions that are a part of this. And I'm sure you understand Target owns their parcel. So while Sandor owns the shopping center, they do not include the Target parcel. That is owned by the Target Corporation. Before Target will locate to a site, they must come to an agreement with the underlying landowners as to what the restrictions on that site will be, because they don't want to compete for use, they don't want to compete for circulation, so they deed restrict the property. We'll talk about what some of those deed restrictions are, but they limit the uses the landowner can bring into the balance of the shopping center, and that is important. When we also look at when this shopping center was developed, now going on 25 years ago and what happened to our shopping patterns. All of us recognize -- any of us who have gone to our front door and picked up an Amazon package recognize that our shopping patterns have changed. We need fewer retail square feet to support our shopping needs, and at the same time, the buildings that will exist because of services and other uses are shrinking. They're not growing in size. So that leads to vacancy and it leads to opportunity in this instance. Also the demographics of Fountain Hills itself. We've heard from your staff as to what's happened, both the expectation for the population in Fountain Hills, but also the recent changes and the land use changes that have limited the opportunity for additional population. So all of those things challenge a major shopping center owner. So what does that mean for this site? And we've talked about this before. Target is a great indicator. They are an incredibly successful retailer. They know how to do business. They know how to operate, they know how to advertise, they know how to choose locations, and they know how to be successful. So what does it say when we look at this site and recognize that out of every Target within the State of Arizona, this is the single worst performing Target? I think that says something not only about the needs of the shopping center, but also about the visibility, the signage, and the times. what we are facing as a landowner within Fountain Hills, but also what's happening to the shopping center itself and what the opportunities are. But we can also see some of TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 34 of 125 the other tenants are equally impaired, and some of that is because of that visibility. But a lot of it is success breeds success. And when a shopping center starts to empty out, it is a tremendous challenge. You're catching a boulder running downhill, and this is an opportunity for the landowner to reinvest to make it successful. I hope I'm not done. With that, we talked about and we referenced some of the use restrictions, retail office. And I mention this because in reading some of the comments from the public and in hearing some of the comments from the public at the last hearing, I think there's a misperception of what can be done on this property today. So irregardless of the existing zoning, retail office and other business office can only be a maximum of ten percent of the total floor area of any other building in this particular shopping center because of the restrictions on it. Warehouse operation and assembly manufacturing are prohibited. So when we talk about, hey, we ought to dream big and just change everything, that's not possible due to the deed restrictions on this property. Training or other educational facilities -- I know I've heard those mentioned. Again, restricted, prohibited. Health spas, gyms; you were allowed one. Grocer restrictions. So many of the things that appear to be solutions aren't even solutions because of the deed restrictions on this property, which cannot be changed without Target's consent. We look at the visibility challenges. Frankly, the grade differential -- the irony of this grade differential is that it works perfectly for multifamily. If you're going up on a site, the idea of being depressed, of being in a bowl, of being below the grade of the roadway is ideal. But being a retailer and not having that visibility, plus having a 75 foot wide drainage easement that's well landscaped, that kills visibility, which kills parking, which kills, ultimately, the ability to shop and the desire to shop. I reference this as well, the general plan. And I'm going to show you some shopping centers that have been saved through exactly what we're proposing here this evening. But in none of those cases did I have the benefit of a general plan for that jurisdiction that calls for precisely what the applicant is proposing. Literally, this town has laid out a road map for this area through your general plan. And it's not just the general plan that you've taken an oath to TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 35 of 125 uphold. It's also a general plan that just less than a handful of years ago, your own residents voted on and supported. So this is a general plan that has been adopted for this area that specifically calls for the mixture of uses that we're proposing. That is bolstered even further by what we heard Ms. Jacobs talk about, which is your economic development study, which is fresh. These are not documents that were adopted years ago and have been sitting on a shelf. This is from September, and it talks about this site in particular and the uses that are proposed specifically. So where have we done this? Is this a shot in the dark, or has this been successful before? It's been done in jurisdictions in the valley successfully time and time again. These are just examples that my office has been fortunate enough to represent, where new life has been breathed into sites that are over retailed, because the square footage is overbroad for the use in that area. Which we have seen here, you know, whether it's Scottsdale, Mesa, Phoenix, or Chandler, all of them have the same pattern, which is large retail centers that have lost either minor tenants or major tenants, or a combination of both, shopping needs which have regressed, and users going out of business because they don't have enough people on site or nearby spending money at the shopping center. So I wanted to point out a Target center, and this is an interesting case study because (a) it it's not that old, (b) it's almost identical to what we're proposing here, (c) it involves a Target anchored center that other stores had gone out of business. Target stayed in there but some of the smaller users and what they call the mini-majors had left. And Goodyear was looking for a proposal to save the shopping center. They accepted this proposal. The landowner worked with them, they put residents in there. And true to form, stores have come back. Retail has come back into this center. Numbers are up. So sales taxes are up. None of this was done with public money. It was all private money, as is the case here. But the difference between Fountain Hills and Goodyear is that Goodyear did this while still being one of the fastest growing jurisdictions, not only in the Valley, but in the country, in terms of overall growth. And that's something that Fountain Hills has not enjoyed. So if we look at this as a solution for Goodyear, it makes TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 36 of 125 perfect sense as we look at it for this site within Fountain Hills. So the request itself takes approximately a third of the overall property, not the entire property. And I want to reiterate that because I know there are some concerns that this was carte blanche, a blank check to put apartments on the entire site. That is not the case. The application before you and what we're asking your approval of is just a third of the site adjacent to Technology. That is important because our surrounding property owners or our surrounding users are an arterial roadway on one side, a collector on the other, and the shopping center, and industrial. The conceptual site plan that we've already heard discussed, but I'd like to go into a little bit more detail, involves 316 units. But it involves those 316 units in what's known as a wrap format. That is to say, parking is enclosed. It's a structured solution. It is a higher end solution. It's certainly more expensive because you're building a parking structure that suits the needs of the residents. In essence, the residents can drive to their level in the building and oftentimes walk directly to their unit despite being on the second, third, or fourth floor. It's also important because oftentimes when you create new multifamily, you're often creating parking lots. Large expanses of asphalt that aren't particularly pretty can also add to the heat island effect. They need to be lighted. This is an enclosed parking solution. It adds to the ambiance of the overall development but it's a better solution, and it's a more modern solution. So what we've done here is we've wrapped the parking structure with the units themselves. We have courtyards full of amenities. We have open space, both internal and external, as well as pedestrian connections to the shopping center itself. In terms of design, we've been inspired -- I don't want to say stolen or borrowed, we've been inspired by some of the best, not only best performing, but well-received apartment communities in the Valley. As you can see from this, the design is heavily inspired by the waterfront. The design is desert hues, but it's very simplistic. And the idea is to take the design cues that we're proposing here and incorporate them in the rest of the shopping center, if we are successful with this application this evening. This angle shows not only the building, but the landscaping and more importantly, the TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 37 of 125 pedestrian connection to the balance of the shopping center. This is indeed a mixed-use application. It's a horizontal mixed-use application. It is not a vertical mixed-use application, meaning we take advantage of being on the same property of having access both vehicular and pedestrian. But also knowing that it is meant to support the businesses, the Fountain Hills businesses that will be in the shopping center and alleviate that 50 percent occupancy or vacancy. The amenities themselves include a pool, spa area, cabanas, fitness center, coworking space. We have Wi-Fi throughout. It's a pet friendly community. It is essentially state of the art, but it is done in a manner that supports all types of residents. And I think that's important because as we hear from the residents of Fountain Hills, it's not just about a solution for somebody who's working nearby. It's not just a solution for retirees. It's not a snowbird solution. It is 316 units of one-, two- and three-bedroom units of varying sizes that suit all lifestyles. And that's important. Although, we've seen from your vacancy rates or occupancy rates within the town, there is such a pent up demand that it's more important that the housing be built for no other reason as to offer new residents and existing residents opportunities that just do not exist today. I want to talk a little bit about what we typically see with multifamily and the development of multifamily on any site, and that is one of the first things that comes up is what does this do to either views or privacy? As I mentioned earlier, we're talking about an eight-foot differential from Shea Boulevard, which is significant because that takes a good portion of the first floor and puts us below the roadway. I know much has been made of the total height that's being requested, and we can show what that looks like not only graphically, but we'll show how it compares to the balance of the shopping center. But it's important to understand that eight feet of that height is actually below grade. Oftentimes we hear from residents. Fortunately, in this instance, we're 580 feet from the nearest resident, which again makes us an ideal site. But the concern is either that privacy is impaired because somebody is looking into homes or backyards, or that view shed is compromised, and that views that were otherwise available are somehow blocked by this community. Both of those prove untrue in this instance because of the TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 38 of 125 distance, the roadway, and the topography. This was actually taken from a resident driveway up against the home to get a sense -- at the request of the resident, to get a sense of what that differential is and what that does to the view shed. You can see from this none of the view shed is lost. And really what you're looking at is the remainder of the shopping center as well as the buildings that are being proposed. As you go higher and further away from this and other residents, we are also requested to take view shed shots from those areas. A few things that are important to look at here. First of all, the shopping center itself is much more perceptible than the residential buildings. Secondly, none of the HVAC or roof-mounted equipment is visible. It's all screened behind a parapet, which is actually part of the height request. But more importantly, there's no privacy concern and no loss of the horizon. So how does this compare to the buildings that are on site? Well, the Target building we know at its peak is 42 feet. We also recognize that our roofline is 51 feet. So that is essentially the request we are asking for. It is a nine-foot variance between those two points, the peak of the Target and our roofline. We did ask for additional height, but only for the parapet. Meaning the areas that screen any materials to make sure that no matter how high you are in Fountain Hills, you're not looking at any mechanical equipment. The other item that's often mentioned when it comes to multifamily -- and you know this because you've heard multifamily cases that revolve around traffic. Traffic is not a concern in this instance, because the existing traffic from a C-2 shopping center such as this actually exceeds what will be the traffic ultimately at build out. It's one of my favorite songs. So at build out we are looking at 680 less trips per day with the proposal in front of you, then what could occur at full occupancy on the shopping center. That means that the level of services do not change on your roadway, even at full occupancy. Much has been made of Park Place, so I just wanted to give some quick comparisons so that we understand how this does compare and how this stacks up. We are fewer units overall. The density is approximately the same. The parking is actually better equipped on this TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 39 of 125 site. The parking that is proposed is a 12 percent variance from your code, rather than the 20 percent variance that Park Place has asked for. And in terms of building height, they're similar heights but as I mentioned earlier, this building at Four Peaks is below grade for the first eight feet. Economic benefits. And I don't want to reiterate everything that Ms. Jacobs covered, but obviously without asking for a single dollar in terms of any type of community help, the private property owner here is bringing revenue to the town. And I think it's more important than looking at these numbers and the one-time revenues of over a couple of million dollars and the annual spending of the population or even the state shared revenues. All of those pale in comparison to what happens with the rest of the shopping center. There is a fork in the road here economically. And one fork leads to the status quo. And that hasn't been a winner for this property owner, and it hasn't been a winner for the town. And it results in a precarious situation for the one tenant that is generating revenue for the town. The other branch of that decision is a reinvestment of tens of millions of dollars by the private sector, to benefit not only the shopping center and bring new tenants in there, which is really the end game here, to bring new restaurants, to bring new services, but also ultimately to benefit the town. One of the questions that came up, and I've looked at this online, was whether Target even wants this. Well, anyone who's ever worked with a large corporate entity for years and understands what it takes to get their name on the dotted line in support of a new proposal, will appreciate what we were able to achieve in December, which is their signature on the dotted line in support of this. So I've discussed most of these. I know there'll be questions and I know there are comments from the community. I want to be cognizant of the time you've already spent on this, but please understand this is not just an application which you see every day for the benefit of one property owner. This is truly a collaboration and if done successfully, a collaboration that works well for both the town and the applicant. So thank you. MAYOR DICKEY: Thank you very much. So before we start our public comments, I'm TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 40 of 125 going to take a little break, if that's okay, because I've been requested. So why don't we take, like, five or ten, whatever we think. But be back for sure -- we'll be back by 7:30 for sure. Thanks. [CLERKS NOTE:] The Town Council recessed at 7:17 p.m. and reconvened the meeting at 7:33 p.m. MAYOR DICKEY: Thank you everyone so much. Thanks for giving us the break. So we're going to have the public now give us their comments. Then I will close the hearing and we will discuss. So Linda, you're ready to roll. MENDENHALL: Yes, I'm ready to roll, Mayor. All right. So we do have 23 comment cards in person. But what I'm going to talk about right now is just so that we have on the record, we did have quite a few -- quite a few written comments. And even from our last meeting on December 19th, I mentioned that I would be bringing those comments to this meeting. Council has received all those comments from the December 19th meeting. We had 25 in favor and 5 opposed. The comments specifically for this meeting were 86 in favor and 43 opposed. Day-of comment cards that were turned in at this meeting were four in favor and one opposed. So that means a grand total of 115 in favor and 59 opposed. Now, in-person comments. First is Tammy Bell and on deck is Cindy Couture. BELL: Good afternoon, Mayor, vice mayor, council and staff. I stand before you today as a proud member of our community, eager to express my support for the development of Sandor's proposed high quality apartment complex within our town. I understand that there are concerns among some members of our community about potential issues related to the safety and the demographic impact of such a development. However, I firmly believe that this proposed multifamily residential complex, with its focus on luxury community amenities, aligns seamlessly with the lifestyle many of us cherish in our town. This proposed project is not just an apartment complex, it's a vision for a vibrant and inclusive community space that complements our general plan and the essence of our multi-generational town. The amenities offered are vast and are designed to enhance the quality of life for our residents. Let me draw your TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 41 of 125 attention to the similarities between the proposed apartment complex and many of our homes. Just like many homes in Fountain Hills, this development includes an outdoor pool with sunning deck and cabanas, misters, a firepit seating area, grilling stations, and indoor parking. This proposal is an investment that's creating an environment that resonates with the preferences and lifestyles of our current residents. It's essential to address the concerns raised by potential changes in our community's demographics. However, as I mentioned above, this high quality apartment complex offers a lifestyle that should eliminate any fears or presumptions of a radical demographic change. By embracing this development, we demonstrate as a community to offer housing for people of all generations who enjoy similar amenities as many of us. I ask you to consider the profound positive impact this development will have on our community. Unfortunately, I've become aware of concerns that some of you -- and your votes tonight may be influenced by political considerations, rather than reflecting the majority voice, which both Republicans and Democrats, by the way, have overwhelmingly expressed support for this project. It's disheartening to hear that some may be using delay tactics to push the developer out, some weighing consequences to their political careers or facing external pressures within their party, potentially affecting the integrity of their vote. I applaud any of you today who are willing to rise above these concerns. Any of you who are willing to rise above any personal agendas, political influences, stand against intimidation, and prioritize the well-being of our Fountain Hills community, please cast your vote based on the greater good. Show respect for our staff, help foster a healthy business environment, and represent those of us who are actively working to make a positive impact in our town. I believe this is an opportunity for us to evolve while maintaining the unique charm and character and lifestyle of our town. Thank you for your time and consideration. COUTURE: Madam Mayor and town council. My name is Cindy Couture. I will be short and sweet. I had a bunch of things written down, but Mr. Morris is amazing. He answered anything, I think. I think if you are looking for something to vote against this apartment complex on, you're going to have to dig really deep because he answered TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 42 of 125 everything. In fact, I'm thinking maybe when it gets done I might want to move there. So vote yes, support the town. This is a good thing. MENDENHALL: Next we have Crystal Cavanaugh and on deck, Geoff Yazzetta. CAVANAUGH: Good evening. Please consider the consequences of a rezone that allows a rental project well beyond our highest R-5 zoning, which could significantly change the intended character of Fountain Hills. Has anyone seen the master plan for this whole plaza? To those that minimize this as just some apartments at the edge of town, I hope you consider the bigger impact on our community and the possibility of even further expansion of such a project. Some are pushing apartments as the solution to promoting commerce, but what well-paying industries compatible with Fountain Hills have they even tried to bring in? Or even something like a destination shopping experience with premium outlets that could overflow into our downtown area with shoppers? Shea has access to both the 202 and the 101. With apartments, renters will most likely just hop on Shea and go towards Scottsdale. This location could benefit Fountain Hills economically if the zoning request was industrial. Arizona is a big tourism state. Scottsdale has a ping golf industry, for example. Who has tried to bring something like that here? A rezone for a manufacturer would be welcome. They mention workforce housing, but for what work workforce? Not the service industry. They mention rentals for families, which is unlikely since these are the most -- or these are higher priced apartments, small one- and two-bedroom units at 744 to 950 square feet. These are promoted as luxury rentals. But for who? Part-time residents or permanent residents? Depending who rents these, the economic impact numbers presented can be dramatically skewed. I hear the term walkability, but where will they be walking to? And to classify this as mixed-use at the far end of the plaza is deceptive. Park Place is mixed-use. It's surrounded by businesses mixed with residential. And speaking of Park Place, there will be plenty of rentals available once that gets built. We have quite a few rental options already here in Fountain Hills. A rezone for a smaller development of condos with ownership would be more suited to Fountain Hills. Expanding available housing with high-density builds because some people want to move here but can't TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 43 of 125 afford it, isn't logical. There is no such thing as a right to live in Fountain Hills at a specific price point. We are a scenic bedroom community. People who can afford to live here do just like other higher end desirable locations, and our property values are then maintained. Many specifically choose to live here because of the small town feel, easy access to other areas, and an emphasis on single family homes, not high density rentals. People don't always live where they work either. I'm opposed to this high density rezone. The allegation that developers won't bring projects here is wrong. Fountain Hills is not difficult to work with if you bring the right project. Thank you. YAZZETTA: Good evening, mayor, council, staff. Jeff Yazzetta, Fountain Hills resident for two years and also a renter. I'll keep this brief. I know there's a lot of comments on the docket today. So I used to work in local government and can appreciate the spirited dialogue that we're having this evening about this proposal. I wanted to share I am in support of this project because it meets the provisions set forth in the general plan. Also, the new development will help revitalize the shopping center, which has been faltering for some time. And the residents will shop and dine locally, which would benefit the Town of Fountain Hills as a whole. I feel like this project, with its aesthetic, amenities, and ease of access to both Tempe and Scottsdale, could potentially attract a much needed younger demographic to this community. This property is underutilized in its current state, and we can debate on and on about what could or should be implemented here. But at the end of the day, something needs to be done to revitalize this area. And we have a developer that is willing to invest in Fountain Hills, which I believe will make a positive impact in our town. I hope you will support this proposal. Thank you so much for your time. MENDENHALL: Next we have former mayor Jay Schlum and then on deck Steve Baggio. SCHLUM: Hey, Mayor, council, staff. Good to see you. The land here is currently not being used in this area. As you know, we had an A&W Root Beer, maybe you don't. It's been, like, 15 years since it closed. It's an empty building that's periodically lived in by people that don't live there. So this property is not being used. Retail world has changed completely. We need to reuse this land with something that will work for our TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 44 of 125 community. Traffic, not a real concern on Shea Boulevard. Seems like a really good location to consider a redevelopment. Blocking views are always a sensitivity. We got great views in Fountain Hills. It sits way below the road. Takes away a lot of that concern. We're short apartments. We definitely are. There is mixed-use multifamily units short in the entire valley. In Fountain Hills we did not build apartments. That's why a lot of our condos get rented out. We don't have apartment communities like most other places. We need more multifamily, obviously, supply and demand to get more supply. Typically, the prices will come down. Not saying it's going to be affordable because things are crazy right now. It is clear the people of Fountain Hills love their town. We're pretty well engaged here. We're a community where you can come out and be heard. You may have issues at the federal level and you don't feel you're heard. Guess what, Fountain Hills, you can be heard. And sometimes it cuts both ways. We're extremely fortunate here. And we are apprehensive to change because we love our town so much, we don't want to screw it up. We are the greatest town in the world. You recall the fears that we had when Park Place was coming forward. Very similar fears: height, traffic, on and on. Same fears here. Park Place has turned out pretty incredible and hopefully the rest of it will get developed here soon. We've got year- round residents there supporting the businesses of our downtown. The same thing is likely to occur there. One of the things we all agree on is we demand quality design and quality development and will continue to trust you and hold you into account and be at public meetings to make sure that's what we get here in Fountain Hills. This location and the plan also proved to be a very positive thing for our community in the future, in the greatest Town of Fountain Hills. So appreciate you listening. And there's always tweaks that will be needed as this goes along. And hopefully it'll get through this process so it can be understood better. And also we can be open to developers putting in good money into our community and bringing us quality developments here in the future. Thank you. BAGGIO: Hello, Mayor. Hello, council. My name is Steve Baggio and I'm a resident of Fountain Hills. Excuse me. I'm all for these apartments. I didn't come up with any fancy TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 45 of 125 speeches. I'm going to speak from the heart. I'm a renter due to unfortunate circumstances that happened to me. I can tell you firsthand there's a huge need for apartments, condos, and other housing in this community. And a lot of people want it. Now, I keep hearing negatives, no's, no, no's. All these people say no. You know what? They have no solutions. You know what that's called? That's called complaining. And I'm a doer. I like to do things. I do things for the community. I do things for businesses. I'm doing a food drive right now. And you know what the problem is? A lot of people in this town, they always want stuff, but they don't want to do things. I'm telling you guys, you need to go with this project. If you say no to it, imagine what a builder or a developer or these developers -- thank you for choosing Fountain Hills. Imagine any development is going to say, wait a second. This town said no to an empty parking lot with buildings. They're going to say no to anything else. No, that is not progress. That's not how this town was founded. That fountain right there rises to the top. If you do not pass this, the fountain is not going to keep rising. The only thing that this town is going to be is flotsam and jetsam. Thank you. MENDENHALL: Next we have John Meredith and Pamela Curtis on deck. MEREDITH: All right, council, I'm John Meredith. I live on East Trevino, but I can't see it from where I am. I'm more interested in the direction of the town. The most valuable zip code in Arizona is Paradise Valley, and there isn't even a close second. The most valuable zip code in the whole country is Atherton out in the Bay area. And if you look at maybe the most -- 10, 20 top zip codes, they have things in common and most of them are close to amenities like businesses and shopping and the theater, everything that people want culturally, but they don't have them in their community. They have easy access to them. So Fountain Hills already has -- just down Shea, you can find anything you want. The other thing they have is that they're almost all single-family residential. And so it's a pretty simple formula. People with money don't like being stacked in like sardines. And if you make Fountain Hills a really valuable zip code, then you're not going to have to worry about commercial. Everybody wants to sell to people that have money. Nobody, you know -- anyway. My point is that if you sit down and TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 46 of 125 you decide to take that approach, then every decision you make, you just sit down and say, does this raise the value of the single-family residential owner in the town? And if it does, well, I guess it's a good decision. But if you look at all these -- well, look at Paradise Valley. They don't have multi-story buildings. They don't have apartments. They have single-family residences. That's where all the money gravitates to. So to me, Fountain Hills has a huge -- it's just never going to be another Paradise Valley, but it might end up in the top five with the right decisions where you follow that model and try and attain that kind of a situation for the town. Thanks. MAYOR DICKEY: Thank you. CURTIS: Right. So this area was zoned industrial and changed to commercial because the townspeople decided they wanted shopping closer to home. Four Peaks Plaza was built, taking into account the neighborhoods around and across from it, keeping the height down, the lighting low, the store lights off at night when the stores are closed, and signage back lit and within a reasonable height. Sadly, the complex was not well managed and stores left all prior to COVID. This is one thing that cannot be blamed on COVID. Now this developer comes with a request to rezone 6.7 acres of the property, to tear down half of the center to build apartments, to revitalize the center. How does taking the commercial space away revitalize it? It is gone, period, with no opportunity for stores to exist there. And they want 316 apartments on that 6.7 acres of land. How can that be justified when Daybreak wasn't approved with 400 apartments on 60 acres of land? Also, with all of their experts, lawyers, and well paid employees, you'd think the developer would be aware of the codes, regulations, and restrictions that apply to the rezoning request, i.e., density or number of apartments allowed, height restrictions, setbacks required, and sufficient parking to name a few. So why would they come in with something that doesn't adhere to their request? And who is going to want to rent the units on the backside of the complex, where the view consists of an RV parking lot, U-Haul storage units, and another new storage facility that has two very bright lights on all night. This group should get a failing grade for their homework. You should deny the request and send them back to the drawing board. Better yet tell them that the space TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 47 of 125 will remain as is and that they should get the businesses in there. There are thriving centers out there, Desert Ridge, Tempe Marketplace, Mesa Riverview, the Pavilions, the Promenade to name a few. Entice Trader Joe's, In and Out, Alta, Bath and Body Works, the Art House and more to set up shop here. People like one-stop shopping in a place to grab something to take home for dinner, without having to deal with the traffic and the time to go to the other thriving centers out of town. The problem is, this group is not getting on the phone, not putting in the time or shoe leather to do this. Instead, they are discouraging business from coming there. What is the feasibility of a store that charges $1.25 an item? Being able to sustain half a million dollars a year in rent? I wouldn't be surprised if you allowed this apartment facility to go through that, in a year or two someone comes back to tell you that although they really, really tried to fill up the remaining commercial space, it just couldn't be done. So they need to tear it down and build another apartment complex, taking away that commercial space forever and sending the people of Fountain Hills back to Mesa, Tempe, and Scottsdale to do their shopping. And look at Park Place, or don't I should say, as all we've seen there for quite some time is dirt and fencing. What a welcome sight for those that come to attend our fairs and community activities. Let's at least get that completed before entertaining another complex and builder that may sue the town repeatedly instead of completing the build. Please just say no. MENDENHALL: Okay. We have Laurie Scherer -- hopefully I said it right, but you can correct it for the public record. And then on deck, Cathi Marx. SCHERER: Hello, my name is Laurie Scherer. My husband and I have been here for over 12 years now. We have grandchildren, we had kids, so now we have grandchildren. Anyway, so -- but we have retired. And one of the things that attracted us to Fountain Hills was having open space, no homes right on top of each other. We both saved our whole lives to be able to afford a home like this, we've been through many rentals, and we've done lots of things in our lives. All of us have to be able to afford to get a home. The kids are great. We have grandkids. They come, they visit, they go. We moved to Fountain Hills because of the wide open space and because people weren't right on top TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 48 of 125 of each other. And I don't think there's anything to be ashamed of by saying that we like to have our space. And I don't think there's anything wrong with saying we worked really hard to get where we're at today. I don't think having three or four people in an apartment, because the rent is so darn high, is going to help a bloody thing. I just don't. I don't think that when -- I'm a nurse. So when in doubt, don't. What's the hurry? Why can't we -- we never heard one thing about this project. Not one. But I hear that council members didn't even hear about it until we heard about it. And it's been going on. They talked to Target April of '19, and for over nine months people have been meeting about this project. We never got a notice, not one notice or opportunity to go to a meeting and voice our concerns. And I'm very, very annoyed and offended that the developer would say, yeah, well, we had two meetings and gosh, only three people showed and three people. You know what? Gosh darn it. Nobody came to Monterey Drive, let me tell you. Because no -- I have walked the block. I've walked to Reno. My friends can tell you. I have walked and walked and walked to try and spread the word. You know what? It's not nice. We should have been in on those meetings. We should have at least had a say and been informed. And then to hear a lot of people have requested the big plans and not had a one single meeting, even when requested to answer questions about the complete project. I have a problem with that. And I don't like a liar either. I think people need to be upfront. What's wrong with putting this on hold for a little bit and getting more information? I didn't say no. Let's just get some information and let us -- we look at it. It's right in front of my house. My back deck looks right at it. You know what? It's easy to say when it's not in your face. And I love Fountain Hills, I know all you guys do, too. But you know what? It's very easy when you're not the one looking right at it. So let's just wait a minute. Let's look at a few more things. Thank you. Thank you. MARX: Madam Mayor, town council. My name is Kathi Marx. I suggest we also take a breath before we do anything that is irreversible. It appears to me to be a very short sighted to change zoning, because our strip mall is failing just like thousands across the country. Just because business models change, it doesn't mean that our business model TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 49 of 125 should change. And a comparison between Goodyear and Fountain Hills is apples to oranges. Who would have guessed when the town planning was done 50 years ago that instead of driving all over town to find that rug you want, you just stay at home in your pajamas, press a button, and five days later it shows up? But that's progress. That doesn't mean we throw away our initial town plan and make Shea and Saguaro Corridor high-density residential. It means we work harder to attract new businesses with high paying jobs that will attract high earners and families. Urban planning guides tell us that you create the jobs and the people will come. Right now, the high paying jobs are not here to attract young professionals. And if we sign away this amazing parcel, there is no turning back. I also keep hearing we must save Target. Why? Why is it the responsibility of Fountain Hills' residents to save one location of a $65 billion company? I just heard that we have 324 possible apartments in the pipeline. Plus this 316. That's 640 apartments. Remember, once built, they're built. There's no turning back. I also hear now the term is workforce housing. Is that a new name for affordable housing? According to the U.S. Department of Housing and Urban Development, affordable housing is defined where the occupant is paying 30 percent or less of the gross income on total housing, including utilities. That means for the smallest apartment, it's estimated that the individual has to make at least $61,000 a year. And we just heard our average workforce here in Fountain Hills is 40,000. Affordable housing is also used as a general terms to refer to housing assistance for low income individuals, which includes housing vouchers. Are we now talking Section 8, government assisted housing? If that's the case, that's a totally different conversation. We will soon have the Dark Skies Discovery Center in our town. We will have a small town vibe with advanced science and technical education and research. Wouldn't it make sense to have science and technology employers right where we always planned? Keep to the plan. Even planning and zoning agree. We just can't make this irreversible change. We will regret it five to ten years from now, when strip malls are truly a thing of the past and our only option will be to add 316 more apartments because we gave away on a whim our prime commercial real estate. I will be sorry to see Target fail, but I will be even more sorry to TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 50 of 125 see us lose this opportunity to create future workplaces for the next generation of Fountain Hills citizens. Thank you. MENDENHALL: Next we have Bart Shea and on deck, Betsy LaVoie. SHEA: Madam Mayor, council, staff. Rach, you look good up there. So I'm probably half of the units that everyone keeps talking about. And informatively, we're going to be starting probably in the next 45 days. Financing has been a little rough this year. I don't know if anyone's watched the interest rates go up and down, but it's become a little more expensive to build than it used to be. I'm here to talk in favor of this project. I'm here to tell you right now that the competition that's perceived in this whole complex is absolutely, phenomenally wrong. The number of units that we're putting into this town right now wouldn't touch the need if we doubled them. You think about it, I think John came up with 15 percent as the national average. We'll will be at seven, maybe if everything gets built, including the 316 units for the population in this town. I've heard nothing but negative comments from everybody. Who had nothing but positive comments about Park Place, and I've heard nothing but positive comments from people who had negative comments about Park Place. It's just like -- I was talking to Aaron earlier, it's kind of like this diametrically opposed positioning for political whims. This town deserves this project. This town needs this project. This town doesn't have another chance. It's not golden bullets. And the market's going to drive it anyway. If they get to the point where they actually get to go build this thing, you're going to give them permission tonight to go start. At that point, if everything worked just perfect and it wasn't referendum, these guys are two and a half years before they get a shovel in the ground. Nobody has any idea what the interest rates are going to do. No one has any idea what the economy is going to do. Lumber could go up to 1,750, 1,000. They'll put it on hold again. So these guys are asking tonight for permission to go spend 2, 3, $4 million to finish planning this thing and get the what everyone thinks is this ultimate plan about, well, it's going to work and go together. They're going to spend a ton of time and a ton of money and a ton of engineering to see if they can make this thing work. And at the end of the day -- at the very end of the day, what's going to drive this TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 51 of 125 is the market. It's not going to be what we feel is best. It's not going to be what I feel is best for my competition. It's what is going to be best for this town. And if the market does say no, you can't put apartments here. Hey, they just wasted three million bucks. I know how that feels. If these guys are literally standing on the precipice of getting permission to start, not permission to finish, not permission to put in, what is it, Section 8 housing? Heard that a lot when I put mine up too. We have 400 people that live in Park Place. We'll have 800 people that live in all of Park Place when it's done. I'm sorry. But this needs to go through. This needs to give -- you got to give them permission to start or they'll never finish. Thank you for your time. LAVOIE: Good evening. Happy New Year. Betsy LaVoie, Fountain Hills resident and CEO and president of the Chamber of Commerce. Sandor and esteemed representatives, we express our gratitude to you as we move forward to shape the future of our town. I kindly request that all of you to stand and remain standing for this significant occasion. If you're willing, bear with me, guys. Come on. The Town of Fountain Hills staff has recommended approval of this transformative project. Out of respect for our town staff, may I invite you, town staff, to please stand in the audience. Come on. Amanda and crew stand. The Fountain Hills Chamber of Commerce Board of Directors has wholeheartedly endorsed this project, providing a letter of support. I now invite the board members -- I've lost four, they had to leave, but I now invite the board members to please stand. And additionally, I call all of our Chamber of Commerce, community business owners, community partners, and supportive residents to stand. If you are in favor of this revitalization project and thank you for your vision, you can all be seated. Thank you very much. I was glad that there were people were standing behind me. Okay. In addition to the strong local support, the Fountain Hills Chamber of Commerce organized our quarterly FH Connect Breakfast on January 4th, where Sandor and Withey Morris Baugh engaged with our business community, presenting the redevelopment project and addressing questions. There were 110 people in attendance. Following the presentation and Q&A session, we distributed a survey with anonymous feedback. 93 people completed that survey, 95 percent expressed support for the project. This TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 52 of 125 underscores the Board of Directors' representation of the business community as a whole. Notably, chambers of commerce typically hold an 8 percent market share, yet our Fountain Hills chamber boasts 62 percent of the town's local business licenses as chamber members. This positions us as the largest possible sampling of the business community grounded in data and facts. In addition to the substantial evidence of support, I personally engaged with business owners and managers in and around the plaza, including Target. With Target perhaps being the most speculated about, I personally met with them and will share that Target expressed excitement for this project. Target cited positive communication with Sandor and their representatives. They confirmed that the developers have accommodated their requests, and they've been a pleasure to work with. Businesses such as Francis & Sons Car Wash, Comfort Inn, Denny's, Bealls Outlet, Subway, O'Reilly's Crossroad Auto Works, Discount Tire, and Desert Dog all overwhelmingly support this plaza's redevelopment. As elected officials, I encourage you to base your vote on data rather than speculation. Opposition to this project often relies on fear and speculation, with the latest talking point being density. While this will be the most densely -- I'm almost done -- the most densely populated development in our town, it's crucial to note the increase is minute. It's less than one unit more per acre of land. It's actually .2. That's the size of a closet per acre of land larger than Park Place. I will challenge anyone to provide evidence and data to support that the notion additional .2 -- MAYOR DICKEY: Thanks, Betsy. LAVOIE: -- is problematic. MAYOR DICKEY: Got to stick with it. LAVOIE: Thank you. MAYOR DICKEY: Thank you. MENDENHALL: Next we have Larry Meyers and on deck, Nancy Ordowski. MEYERS: Mayor, council. I recently have just become aware of that revenue and economic impact study that was commissioned by the town. I don't know who did it, but I applaud the endeavor. And while at the same time I see some generalities TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 53 of 125 assumed, undoubtedly, coming from census data from which they derived their numbers, it does create a margin of error for some of the projected revenue, which I think may be a bit generous. But it also dispels the complete misinformation put forth by certain chamber board members and leaders as to the sales tax revenues that we will achieve by having 490 or so more residents. If discretionary spending from the mean Fountain Hills income holds up with people living in 760 square foot apartments, the numbers are probably high. So I'm against this land use for the same reason I was against the land use 20 years ago when it was bare dirt. And it happens that your economic impact study says the same thing. I was against the commercial use -- turning industrial land into commercial a long time ago. And as it turns out, myself and others were absolutely correct as now we face a failed commercial shopping center. Okay. So no applause necessary. Andrew Lyall from Sandor says, we don't think the amount of retail that we have there and where it's positioned is a fixable problem as retail. So does he mean -- that's a quote. I have the audio file. Does he mean the center? Or the 6.7 acres? Well, I don't know what he means. Back when the commercial rezone was proposed, the council then jumped at the first thing proposed in a shortsighted, now proven to be not astute, because retail centers were the flavor of the day and Berkeley made a lot of money. Sandor comes in, and now the flavor of the day is apartments. They propose to make a lot of money. So I'm going to read to you from your own economic impact statement. And it basically says the industrial scenario would have minimal short-term tax impacts but would support quality jobs and the largest annual economic impacts. Apartments would create new housing, but not new jobs. I'm going to skip to the end of it because it basically says that industrial would be the best longer term development for the town. And I would ask our economic development director, who seems to think she's going to bring some industry here, where's the land she's putting it on? Because that's it right there. It was 20 years ago, and it is today. So I thank you for your time and please take the long view, not the short view that the people -- the council 20 years ago did, because you can see where it got us. Thanks. ORDOWSKI: Good evening, Mayor and council. My name is Nancy Ordowski. I've been TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 54 of 125 a resident of Fountain Hills for over 25 years. I've probably attended more than 75 council meetings, not so much in the last few years, but in the time I've been here and the time I was attending, all I heard is there's no space for industry in this town. How can we bring jobs to Fountain Hills? And that land up there on Shea where Target is, is the space it should be. We need people to be able to make a good living in this town, and we need to build that as an industry space instead of just this commercial space. I happen to not be one of the ones that have support Amazon. It's taking away our small businesses. We're being lazy just to have something delivered to our door. I like to see what I'm going to buy. But that doesn't happen. And we need to have this land or this space turned into an industrial. Let's offer some jobs. Let's make something available. I've heard over and over, oh, there's no land, oh, there's no land. And what was just said, what are they going to do? Where are they going to put this new industry? We don't have that kind of land in this town. That is the area that needs to be placed in. It's where we need to have it. How do we know Target's not going to leave? And why do we keep changing all of our -- oh, now we're going to use the P.A.D. zoning, and we're going to do this zoning, and we're going to change our zoning here and there. We need to bring jobs for our residents. Keep saying housing is expensive here, but we don't have where our people are earning $40,000 a year. There are technical jobs, medical jobs, research companies that need space, and we should be offering it. Please consider a no vote on this apartment complex. Thank you. MENDENHALL: Next we have Christine Milashosk. And then on deck Skip Mayorana (ph.). UNIDENTIFIED SPEAKER: Skip had to leave. He won't return. MENDENHALL: Okay. Thank you. And then in Skip's place, we have Aaron Brown. MILASHOSK: Mayor, council, staff, thank you. I'm Kristen Milkowski. The redevelopment of the Four Peaks Plaza in Fountain Hills promises a transformative, revitalizing impact for our beautiful Fountain Hills community. As a citizen in support of the redevelopment of the Four Peaks Plaza in Fountain Hills, I'd like to share that my family relocated to Fountain Hills for its community and ample opportunities. We left TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 55 of 125 behind a community that was no longer thriving, a community with neglected public spaces that contributed to a sense of despair. We left a community that decades prior had said no to growth opportunities. We looked at our future and the possibilities available to us as we became older, the possibilities available to our children as they became adults. Our choices were clear stay put and live a stagnant life, or move where opportunities flourish, one where our family could flourish alongside community. I invite you to imagine Fountain Hills 10, 20, or 30 years into the future. If new opportunities are not embraced, what does it look like? Are families and individuals exiting Fountain Hills? What businesses or jobs remain? The redevelopment of Four Peaks Plaza ensures a thriving future for our town. Thriving neighborhoods are a key component of thriving communities. Embracing this redevelopment is an investment in the future prosperity of Fountain Hills. I urge you to make a decision from a perspective of abundance rather than scarcity, one that will uplift our community and leave a lasting positive impact. I urge you to champion this transformation for the betterment of Fountain Hills, not only for today, but also for tomorrow. Thank you. BROWN: Hello, mayor, staff, council. My name is Aaron Brown. I'm a resident of Fountain Hills. I own property on both sides of this -- the development. And it's quite obvious something needs to occur. It's been vacant for some time, and it's a detriment to the areas around it. But I can't say whether or not this is the best move. Obviously, the business that's going to be doing the development there isn't here to make money. That's why they're here, not doing anybody favors. But understandably, they want to maximize that. And my only concern is the following of the rules that are set in place with density, heights, things like that. But it's on a larger picture in that -- and I defer to all of you to look at this and figure out what the best plan is -- are we going to continue to let those things occur, to exceed what's already in place, or make changes so that it is within the guidelines? And I know everyone's referred back to the Park Place, it's not going to be higher than that and everything else but Park Place obviously exceeded that when it came to be. And you continue to do that and then, you know, it just will snowball. And maybe someday we end up with six stories and maybe that's okay. But I TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 56 of 125 think if anyone's going to do development, it should be within the existing guidelines. And it may reduce some of the profitability. But I think the council and the town has set those things in place for a reason. And that's all to say. Thank you. MENDENHALL: Next we have John Head, and on deck we have Gene Slechta. HEAD: Hello, my name is John Head. I am probably the closest business to this development. I'm directly across the street on Technology Drive. A lot of you know it as the Monks Building. I own the 30,000 square foot building and five acres of land there. Just to give you a little bit of history about me, I'm an MIT degreed ocean engineer. I'm kind of an oddity. There are only two ocean engineers in my graduating class and spent some time at the Woods Hole Oceanographic Institution, worked with the guys that discovered the Titanic, and have been involved in a lot of government subsea work. My company, Prevco, is strictly subsea, where I boldly state that we're the only subsea company in the whole State of Arizona, and if there is anybody else that does that, let me know. Anyway, we are very high-tech in what we do. We build a very expensive metal enclosures that go to 20,000 feet underwater and are used for various and sundry purposes, for defense, for oil field development, and for environmental purposes. We sell all over the world and we have engineers that work for us and technicians that work there. I'm concerned about this development being across the street from me, owning the property and the land there and that I'm afraid first of all, it's going to decrease the value of my property by having this massive development with, potentially, 500 to 1000 people living there. It seems to me -- like, is there anywhere else in town where there's a four-story parking garage? And I know whenever I go to town, I try not to park in a parking garage, just going around and around in circles. I don't think there's adequate space around here for that many people. Probably a lot of young children that -- where are they going to go? They're going to come over and hang out over at Prevco in the parking lot over there. Anyway, you get the idea that I'm not for the development. And I do believe that a better idea would be to bring in some sort of a company that has -- needs offices and doing high tech development whatever, that it will bring in a higher paid clientele that'll help the people to be able to afford the housing that's here in TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 57 of 125 Fountain Hills. And I think that it would help to support -- even if you put that building right there it would help to support the local businesses by bringing in potentially 500 or 1,000 workers every day coming in from other parts of the town to work there, some of them would live here. Anyway, if anybody's a retired engineer we're always looking for engineers. We've hired a few retired guys, as old as 80 years old. Let me know. Prevco.com. SLECHTA: Thank you, mayor, council. My name is Gene Slechta. I support wholeheartedly a proposal to breathe new life into the Shea Boulevard corridor. I won't bore you with more numbers, you've heard too many already. Let me give you some perspective, though. Traffic. I keep hearing my traffic. Shea is a six lane road for most of its journey through town. We should hope for more vehicles on that highway. It is not in a residential neighborhood. Anyone that's lived here for any length of time knows the bulk of traffic is either weekend warriors going up to the lakes, or weekday residents commuting to or from work in the morning, in the afternoon -- work, work. The three largest centers in Maricopa County for employment are Sky Harbor, Downtown Phoenix, and Scottsdale Air Park, and Scottsdale was just recognized as the number one job magnet in the United States. So let's take advantage of that. We know that engineers, IT professionals, business executives, young doctors, they can afford the rent at that apartment complex that's being proposed. Moreover, do you think that young professionals, single or married, children or not, would be -- not be salivating to have quick access to a higher speed road to their job in nearby Scottsdale? Or they may be working from home. And then return each evening to the beauty that is Fountain Hills. They then park their vehicle in a secure, dark sky compliant garage and have dinner. Or they walk next door to the restaurants that have sprouted out up because of the new residents next door. This is enticing. Finally, Target has been painted as a failure, it's not. It has performed as well as possible with the lack of population density. We should be thankful for them. Their existence for 20 years has brought in huge amounts of sales tax revenue, more than the dirt that was there beforehand. They took a chance on us. We should take a chance on them and support their efforts to adapt TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 58 of 125 and survive. One last thing. I was employed in the town's planning zoning department for five years, and a P&Z commissioner for three years. Never had I seen an elected official attend a commission meeting and speak in an attempt to influence the commission. You, Mr. Skillicorn, you were the first. Now, it may not be unethical, but it sure was inappropriate. And if you want to do the right thing, you should recuse yourself. I won't hold my breath. Thank you. MENDENHALL: Okay. Just to give you an update, we only have four speakers remaining on this item. Next is Joanne Lyles. On deck is former council member, Alan Magazine. LYLES: I'll take it up in a minute. It's coming. Thank you for the opportunity to address these agenda items. My name is Joanne Lyles and I'm a resident in Fountain Hills. I'm a mom of two young adults here and I operate -- I work from home and I'm against the proposed development, I'm afraid. I absolutely love what this town has become. And like many fellow residents I have a great deal of life experience and education. And I speak from not fear or speculation. I have degrees in civil engineering and a master of architecture from the School of Urban Planning and Architecture. I mention this solely to address the notion that Fountain Hills is comprised of varied, hardworking, and intelligent individuals whose understanding of public policy should be respected and weighed in the same vein as those who hold elected office. Like I said, I love my town. The problem I see is the Four Peaks development is a contrived urban idea. It has nothing to do with the idyllic landscape we know as Fountain Hills. The Four Peaks development is a nod to an urban planning concept, which is a trend called walkable mixed-use development. And unfortunately, the walkable movement has its origins in political sociology. It's not necessarily sustainable in the environment that we find ourselves in, and this ideology often goes against what we consider ourselves to be intelligent, self-governing people. We have a right to determine and preserve the nature of our hometowns. Fountain Hills does not need housing on the order of 316 units, 700-plus people, 500 cars wrapped around dwelling units packed like sardines onto the Dollar Store parking lot. I think that there's a concept a lot of people understand called defensible space. Defensible space means that when you're outside TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 59 of 125 your home, you're protected by the visibility that you enjoy from other people looking on. A wraparound parking lot does not provide that kind of space. I think this project is unsustainable. In large part, good urban planning builds housing where there are jobs. There are no suitable corporate entity for this location. Likewise, there aren't any new jobs. The commuter scenario that it is promising is illogical because there really is only one road out of town, and I think that everybody's going to be going the same way at the same time. It's -- right now, it's not easy commuting in the morning. Walkability, where 8 months out of the 12 are north of 100 Fahrenheit is unsustainable. I know that there are questions about the density issue, although that is a huge issue -- MAYOR DICKEY: Excuse me. The time is up. Can you make one less last sentence, please? LYLES: I think the idea that we're using Park Place as a precedent is telling. What happens when we start using Fountainview Village as a precedent? That is not what these people here are expressing as a desire. These are huge projects -- MAYOR DICKEY: Thank you, ma'am. Thank you. I got to go with the three minutes here. MAGAZINE: Mayor and council, it seems a little odd for me to be on this side of the dais. I want to announce something startling. Bart Shea and I find ourselves in agreement. I'm not sure I ever remember a time when that happened before, Bart. I'm here to support this application with modifications. Some will tell you to outright oppose the application. Almost every case where a major rezoning is considered there are discussions between the staff, the applicant, and the council to see if there can be compromises, to see if things can be worked out. No rezoning is ever perfect. When Park Place came before you or us, there were many months of discussions, compromises, and so on before it came before the council and was essentially approved by the council. You, as councilmembers, have received the applied economics analysis at 92 percent occupancy, which we're told is pretty typical. It will generate $9.3 million in taxable local retail spending annually. Which certainly would be a tremendous boon to our businesses. Ask yourself if Target leaves, what business would come here? You TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 60 of 125 know, I think it's interesting that people say, well, you know, Target wants to be here, they love it here. Tell me, how many general managers or owners, corporate owners of a business, are going to announce they're thinking of leaving? It doesn't happen. It just suddenly happens. They take a look at the numbers, they take a look at what they're doing, and they say, well, maybe not. And I've heard a number of people talk about the need for an industrial project. I haven't heard anybody talk about the fact that there's a deed restriction on the property. A deed restriction, and I haven't seen any companies lined up to try to test that deed restriction. And it's been what? We're almost 50 years old as a town. I haven't seen any businesses come to the council or the staff and say we have a project in mind and we want to take a look at it. Imagine, in your mind's eye, what it will look like if the Target does leave. Right now, as of two days ago, because I drove through it, there were 20 vacant stores. I want to change tenor a little bit. An eight-page email was sent to Republicans a while ago to -- asking people to show up and oppose this project. Many of you have probably received it. That's not a problem. Everyone has a right to express themselves, but not to bring politics into every decision. A couple of quotes from that email. We, meaning Republicans, wanted to flip the council to five to two liberal, to four/three conservative. Who generally lives in apartments? The answer is simply Democrats. Who pushes arguments of this and other dense housing projects? Democrats? MAYOR DICKEY: You're out of time, Alan. Sorry. MAGAZINE: I can have another half an hour. MAYOR DICKEY: Thank you. MENDENHALL: Next we have Dan Kovacevic and on deck Ed Stizza. KOVACEVIC: Hi, I'm Dan Kovacevic. Although I'm a member of planning and zoning commission, I write this as a resident of Fountain Hills. And I have 40 years of experience in the real estate business. We have a wonderful town here in Fountain Hills, and the ordinances have served it well. The highest density codified in the town ordinances is 25 units an acre. This project is 45. If the vision for this town was to have this kind of density, there would be an R-45 zoning classification. There isn't. This site's TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 61 of 125 requesting Park Place variances despite none of the residential amenities Park Place has. There's no public transportation. It's hard to get an Uber. This is not the central business district on the Avenue. This site isn't walkable. Park Place residents walk their dogs in Fountain Park, down the Avenue of the Fountains, a parklike setting. Four Peaks Plaza residents will be walking their dogs through an industrial park where there's no sidewalks on the side streets. There's a sidewalk on Technology. There's no sidewalks on the side streets. This is not a good residential site. It's a residential site by default, and it doesn't warrant any variances. When the ordinances aren't working, you put it through a process. We've heard on planning and zoning, we've heard signs, general plan update, community homes, we're looking at 5G right now. There has been no request to look at changing 25 units per acre. But if you really don't agree with me and you think that 2 to 2.5 percent of the town population belongs on less than seven acres in the town, 90 units above ordinance at 30,000 a door, is creating $2.7 million in land value. And that's just over and above what's in our ordinance. What's the town getting in return? Once built, 90 units is $32 million in asset value over the -- just over the ordinance. What's the town getting for its part in creating that kind of value? If the town is going to give petitioner opportunities above and beyond the ordinance, the town should get something in return, above and beyond the ordinance. If you're inclined to allow this project, please negotiate a good deal for the town. I'm not against apartments on this site, just not at this density. Petitioner's stuck in a bad deal. The retail is a blight for our community and apartments are the fastest way out. As a citizen of Fountain Hills, I'm requesting you insist petitioner, bring back a plan that conforms to R-5 density and conforms to a parking ordinance. In summary, it's not a residential site. It's a failed retail site with residential as its only other option. The amenities of a neighborhood like parks and schools aren't here. Fountain Hills is not urban. 2 to 2.5% of the town's population doesn't belong on less than seven acres in this community. The site doesn't warrant trashing our ordinance. We have a wonderful town and the ordinances have served it well. If petitioner says they can't make 25 units an acre work, then let's live with the resident -- with the vacant retail. And if you do decide to ignore TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 62 of 125 the town ordinance and create a large windfall for the petitioner, the town should be compensated for that windfall. Mayor Dickey, town council, I you really disagree with me on what this vision for the town is, please take the time to negotiate a good deal with benefits to the town beyond the standard fees. Otherwise, you're leaving a lot on the table and you can do better for the town. Thank you for your consideration and thank you for your service to our town. STIZZA: Good evening, Madam Mayor. Good evening, town council, Aaron, staff, Rachael, everyone. So it's quite amazing to me the dialogue and the conversation that this has created, and it's been great because it does show you the cross-section of what the majority of Fountain Hills wants to be. Okay. And I can't say enough for our planning and zoning commission and what they put this particular project through. Yeah, it was a four-hour long conversation, and certainly there were reasons that it was denied. And I think you all need to take a look at that. And nobody's against the apartments as either our Chamber of Commerce. I see a lot of heckling back in the crowd on people speaking up for what they believe in. Everybody's viewpoint is very important. I don't care who you are. So. But that seems to be gets -- it's getting sidestepped here. We're so divided right now on stuff. Instead of trying to make things work for the betterment of Fountain Hills, make these guys work for the betterment of Fountain Hills. The way it sits as proposed breaks all of our -- breaks ordinances, period. And just like you just heard from one of our commissioners, that is the most important. There shouldn't even be a conversation here. They should have several plans in front of you in order to make a correct decision, not just one. And not just one that they want, these guys are going to make a boatload of money. And Dan's right. What is the benefit to Fountain Hills? I want you all to remember what is the benefit to Fountain Hills when you let Adero Canyon get destroyed? How much money has that made the town? Seriously? So everybody's out to make money. You can't fault them for that. But my God, there are so many people that moved here that really don't want this type of density. So take a look at all that and please make the right decision on this. I mean, there still needs to be more discussion. And I said that a month ago. This has been TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 63 of 125 going on for over a year. I heard some dates that I couldn't even believe. I didn't even know what was going on that long, neither did the residents. And that should tell you something. This was purposely pushed through, and quickly, at Christmas. Because of that, the residents did not know there were so many people in this audience that have their ear to the ground, and I don't think that was correct. So that's why you're having a debate instead of a discussion. And if we had a discussion, we would get what we want. So hopefully you vote accordingly. You get these guys to go back to the books and make that the best development. And we are not against -- there is not -- a bunch of people that are being told that they're against the apartment and this complex. We are not, just want it done right. Thank you. MENDENHALL: Next, and the last speaker on this item, is former councilmember Art Tolis. TOLIS: Thank you. Good evening, council, Mayor. Good evening, town attorney. Nice to be up here. And Councilman Magazine, we agree tonight. There are so many good points in so many discussions tonight that are so valid. The last gentleman that spoke and Dan, who I have a lot of respect for with his commercial development experience and previously managing the Basha's Plaza. There's so many points, making the right deal and making sure this works. I posted a video on December 15th, and in that video, I shared my thoughts on this and my reasons why I think right now, this time is the right time to approve this. Back in 2019, there was discussions as to how are we going to solve the economic issues long term of this community so that we can maintain the infrastructure and we can pay for and maintain this community in the highest degree? A Beverly Hills of Arizona, as I always would say, if we did not pass a property tax. The community has voted down bonds for the schools, our revenue sources, our sales tax revenues, development fees. And ultimately, we're going to need to have those sales tax revenues and this plaza is a critical component to this community and the strength of this community. Target and that entire plaza -- there was one gentleman that talked about being against this 20 years ago, the plaza has never worked. That's not the case. I was here and I was in town 2002. This plaza at one point was vibrant. We had a golf TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 64 of 125 store there. A matter of fact, I think it was 100 percent. And as times have changed, you've seen changes and you've seen vacancies. Amazon. It's the same principle of what happened to malls and how the downtowns were destroyed by malls because people went to the malls to shop, because they wanted an experience. Well, now that's kind of coming back a little bit, that people want to have an experience. I think this in this project, the vitality is -- I think it's a phenomenal project. I think it's designed off of the Scottsdale Waterfront project. I think it's going to look very, very high end. I think it's going to track a lot of the high-end business people that are going to want to live outside of what's happening in the Scottsdale market, which is really becoming way overbuilt, and the traffic down there is going to be excessive. So this is going to be, I think, a highly desirable project. I think it also is going to do something that no one's brought up yet but I think it has happened at Park Place. You're going to see a lot of transitional housing. And what I mean by that is, and I'll preface this, I'm the co-chair of the Scottsdale Association of Realtors marketing session here in Fountain Hills. I've been a realtor. I've been a mortgage loan officer, I own a mortgage company, I'm in the housing industry, and I own a fitness center. So I mean, business-wise, I think this is great. It's going to bring people and it's going to bring the revenues necessary. And people that live in town now that have large homes that want to downsize, that want to stay in our community and live here and have a vibrant place to live, the walkability of that Target Plaza, I think you're going to have a lot of people that put their houses on the market that now opens up inventory for high-paying executives with families to move to community and to ultimately help the school district. So this is a win-win. Negotiate a good deal. There is some litigation on some of the project. I hope you resolve that. Aaron said you can go into executive session tonight if you had to deal with any type of real estate negotiations, I hope you get it done. Thank you. MAYOR DICKEY: Okay. So Aaron? No. Okay. I'm going to close the public hearing. And what I'd like to do is there were some points that were brought up. I'd like to give the applicants an opportunity because there'll probably be questions that we have, and maybe you can address them. And then we can ask questions of staff and the TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 65 of 125 applicants, some that were probably generated by what we heard. But if there was anything that you heard there that you want to maybe address, you can do that right now, and then we will ask you questions. MORRIS: Thank you, Mayor. Thank you, council, and thank you to the citizens that spoke tonight. All of the citizens who spoke tonight. It speaks well of your entire town that people are participating. And we've heard both sides of this coin. We've heard a lot, and I'm speaking just of the folks who weren't supportive of this application this evening, but I think those comments could be broken down into really three or four categories. The first was make it something else. And you have a lot of power as a town council, but you don't come equipped with a magic wand, and you can't just decide that you're going to make this something else, by virtue of the fact that there's an active zoning application in front of you. It's as relevant as saying, let's make it a park. The reality is, it's owned by two different parties. One of those parties will enforce the deed restrictions and the deed restrictions are extensive. So when we talk about making it something else, we have to be realistic about what we can make it. We can't manufacture on this site because it's prohibited. Offices: very, very limited if allowed at all. Even other retailers have been kept out of this because of the exemptions on the property. So you don't have the world of choice on this property. What you have is an application in front of you, and we'll talk about what that application brings. But to those who say, make it something else, even this town council can't make that happen. So then we hear that the second group of comments, which I put in a different category, those are try harder, just make it work. It's a retail center. You wanted a retail center, you got a retail center, put retailers in it. That would require changing shopping patterns, not only nationally but internationally. This is a remnant of a bygone retail era. And we know that because we've seen this happen in other jurisdictions, we've seen this happen in other jurisdictions adjacent to you, where bringing a population in, bringing people with wallets to the site saves the retail. And what does that do? That puts money in the town's coffers. But I want to talk to you a little bit about that try harder ethic, because this is a property owner that has gone so far to keep tenants. And TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 66 of 125 I want to point out, they could fill this site with other tenants. Because what they've tried to do is keep the quality of the tenants in place, because quality begets quality. As you start going down the road of lower quality tenants, that's an easier fruit to pick from the tree. But it's worse for the town and ultimately not as good for the shopping center owner. But I'm going to tell a quick anecdote, Mayor and council, about one of the tenants there. One of the tenants is Petco. I think we're all aware of that. Petco had the right to leave. This property owner -- and I'm going to use a word that's not too strong in this context -- begged Petco to stay in place. Begged them to extend their lease and promised them that they would forward this application to the town. And the only way the property owner kept Petco in that site was to paint a picture of what could be; just give us a little bit of time. We're going to request a residential community as part of this. Where we're going to redevelop the center, if you just give us time. And that was the basis in keeping Petco. So nobody has tried harder. And I'll go a step further. And this probably will not shock anyone on the dais or in this room. Nobody wants to hire a lawyer. I love what I do for a living, but I recognize that their first choice -- they own a shopping center. They are a very successful shopping center company based in the Valley, I'd like to point out, but they're smart enough not to hire zoning lawyers. I'm just an expense. What they would like to do, what they want more than anything is to lease their space. That's the driving factor behind this. They're not keeping that space empty to spite the town or to spite themselves. And they don't want to go through this process, but they recognize they have to go through this process. The other comments we heard come from a line of just follow the rules. Why can't you guys follow the rules? If this application weren't following the rules of your ordinance from your town and your town code, we would be up here requesting an amendment to your ordinance. We would have to amend the text of your ordinance to allow what we're doing. We're not. What we are requesting is permitted by your code. And that's because your code is a modern zoning code that recognizes when the zoning laws were written, it didn't contemplate every type of development that could occur. So there's flexibility in that code. The other reason we know we're not violating your code and not TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 67 of 125 breaking the rules is because your professional planning staff, the only really, truly neutral party here, is recommending approval of this application and has told you, in your staff report, we're not breaking the rules, we're playing by the rules. And your professional planners have said this is what's best for this property and for the town. And lastly, this idea that, well, where are the benefits? What's in it for the town? I'll answer that in two ways. One: what's in it for the town if this isn't approved? This is already a half vacant center. We've kept tenants by promising a better future by virtue of this application. Without that promise of a better future, we're not going to be able to hold on to our tenants. And the only person, the only group that isn't our tenant is Target. And if Petco is the worst performing Petco in the state, and if Target is the worst performing Target in the state, it doesn't take a under-ocean engineer to figure out what will happen with these stores. We're not going to be able to hold on to them and that isn't good. So what's in it for the town? New development, new tax dollars, new residents, a stable shopping center that's redeveloped, and an investment in the town of Fountain Hills that pays dividends, not just for this applicant, but for the town. With that, I'd be happy to answer any questions. I appreciate all the time you've given me. Thank you. MAYOR DICKEY: Thank you. And we'll probably have questions for staff too. So council discussion. Councilwoman? GRZYBOWSKI: I have a quick question. MAYOR DICKEY: Vice Mayor? GRZYBOWSKI: Before Jason sits down. Sorry, I just wasn't fast enough. You did mention that one of the reasons why you can't do manufacturing is because it's prohibited. When you first mentioned it, you mentioned that it was prohibited by Target. So I just wanted to reiterate that when the second time when you mentioned it, you forgot that by Target part. So I just wanted to put it out there that council didn't prohibit this. This was a part of Target's agreement with you guys? MORRIS: Mayor, vice mayor, I apologize. Yes, I should have mentioned that both times. The restriction is by virtue of a deed restriction. It's civilly enforced, but it's clear and it's TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 68 of 125 been signed into -- signed and recorded. So it's easily enforceable. KALIVIANAKIS: Thank you, Ms. Mayor, and thank you for your thoughtful presentation. Really appreciate it. I do have a question, and it's about speculation that I've heard about this project all over town. And so I just want to hit it head-on. There is speculation that Sandor and your law firm has an alternative master plan, one that doesn't seek to rehabilitate this mall and build 316 apartments, but one that seeks to close the Target store and to turn that area into 1,000 low-income housing units. That will be a blight on Fountain Hills forever. Could you address that? MORRIS: Mayor, councilmember, thank you. I appreciate the opportunity to do that. First and foremost, this concept of wanting a master plan that is hidden. Sandor has been very successful. Fortunately, they are one of the top ten largest privately-held shopping center owners in the country. But the emphasis is on shopping centers. They aren't an apartment developer. They aren't an apartment portfolio residential developer. They have no desire to do anything other than make their shopping centers successful. The application is for six acres, roughly a third of the shopping center. We cannot and will not develop anything beyond that six acres, and the impetus for doing so is to create success in the rest of the shopping center. I'd also like to point out that even if we had a dastardly plan to make everything apartments, we couldn't because we don't own the Target parcel so we would have to develop around it. More importantly, Target would not have agreed and signed on to this application if they believed this was somehow working toward their demise. But you mentioned a word that's a trigger word and something that I should have addressed earlier. And that is the idea that this is low-income housing. I heard the terms Section 8 thrown out there. I've heard workforce. I want to be clear. This is a market driven project. This is a market rate development. Now, the sizes of the units obviously allow for a variety of people to take advantage of the fact that this is being developed, this new housing, but it's not being subsidized in any way, shape, or form and not intended as such. Thank you. [CLERKS NOTE] Councilmember Hannah Toth left the dais at 8:57 p.m. and returned at TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 69 of 125 8:59 p.m. MAYOR DICKEY: Anybody want to? Oh, I just didn't see anybody on. Go ahead, Brenda. KALIVIANAKIS: John, could I address something with you, please? How long have you been doing developmental services? WESLEY: Mayor, Councilmember, I've been in Fountain Hills for almost 5 years, total experience is over 40. KALIVIANAKIS: Over 40 years? WESLEY: Yes. KALIVIANAKIS: Would you consider yourself an expert? WESLEY: Most days. KALIVIANAKIS: Something I'd like to address is the parking situation. That's another concern that a lot of our citizens have had that this is out of zoning, normal regulations and that there's something untoward about this. Does this project have adequate parking or does it not? WESLEY: Mayor, Councilmember, some of that was contained in my presentation earlier. I can go back to that if you'd like. But maybe taking a little different approach to it this time, because I've heard this comment, I think at least at the planning zoning commission meeting, and maybe not specifically here, but we did recently update our parking ordinance. The council approved that a couple of months ago, which includes our standard minimum parking requirements for development. And in doing so we kept at that time the standard we've had for a number of years in terms of number of spaces for the one-bedroom, two-bedroom and so forth. As part of updating that ordinance, I looked at a lot of other ordinances from across the country and saw where they were going. Many communities are starting to actually eliminate parking requirements for this type of development and let the market determine how many they should have. But in doing so I saw that what our requirements were, were middle of the road to the high-end of what most communities require for parking. But it served the community well. And for most development that happens here, it's typically a smaller type TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 70 of 125 development, as we've seen recently, they'll all go with the Gunsight apartment type development, and it works well for that. But it's not necessarily geared to a complex of this size. And when you get a larger project such as this, you get a lot more variety in the types of renters, get more of the single-person type household. I think we talked about and expect this to be the empty nester and a young professional type primarily. And as we reviewed some national statistics and even some local ones on how many cars people actually had that was what was in the report, that one per unit is fairly common. And so with those numbers, I feel like this is going to be adequately parked. And if there does happen to be any overflow, that there would be space then in the Target lot, that those people could go on the as-needed basis. KALIVIANAKIS: So I take it you don't anticipate really any overflow based on the national statistics and the type of person that's going to be living in those units there? WESLEY: Mayor, Councilmember, that's correct. One other thing I failed to mention is we've looked at this also -- the two other examples that we include, both Park Place and the Pillar development, which were approved with lower than our normal standard. They have not had any issues with parking in those places. There's adequate parking at both locations. KALIVIANAKIS: Okay. Good. And I would like to point out that in Park Place, the overflow parking is a municipal parking spots, correct? WESLEY: That's some of what helps meet their requirement. Yes. KALIVIANAKIS: Right. And in this case, and I know, again, one of the allegations out there has been there's no parking agreement with the Target people. And the people are not telling us the truth or there's misinformation and I'd like to address it. I have a copy of the parking agreement that was signed by Target, and I can substantially identify that as an authentic document. And so that has been taken care of. If there was any overflow parking in this case, it wouldn't be on municipal grounds, would it? WESLEY: That is correct. Technology is posted as no parking. And so you wouldn't park on Shea. So the Target parking lot would be the place. If there is any overflow, that's where we need to go. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 71 of 125 KALIVIANAKIS: Okay. Thank you. FRIEDEL: John, I have a question. The general plan has been brought up a lot tonight. WESLEY: Yes. FRIEDEL: I've gone through that general plan several times, and I don't ever remember seeing anything specifically addressing high-density housing down in that Target center. Can you comment on that? WESLEY: Mayor, Councilmember Friedel, there is a provision in the character area descriptions for the Shea Corridor. And the language that was included in the presentation comes directly from that page of the plan. Let's see. Yes. These statements come directly from that page of the plan. FRIEDEL: And that says creating an integrated mixed-use environment. Now I can see that down in town with Park Place, but this is a little bit different. It's kind of set far away from the downtown area. I don't agree with the fact that it's walkable. Walkable to what? Target? WESLEY: Correct. FRIEDEL: That doesn't resonate with me. And then I had a question about attracting families to this project. We only have, what, a little over a dozen three-bedroom apartments. I don't know too many families that are going to be raising a one- or two- bedroom apartment. Maybe the applicant would want to comment on that. WESLEY: Sure. All right. Mayor, Councilmember, I'll let him come up just a moment. But this slide takes what's in their proposal for what their target is. And it's young professionals, empty nesters, and those that want a lock-and-leave lifestyle. While some families might come that's not really their target. MORRIS: Mayor, Councilman. FRIEDEL: Okay. So getting to the attracting families to this project, you have a very limited number of three-bedroom apartments, which typically would be housing families. I don't see many families in one-, maybe, two-bedroom, but you don't have enough, in my mind, enough three-bedroom apartments in this project to attract families. And then what other uses are down there for families? Now, I know you're TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 72 of 125 going to have a pool, but is there a playground area? Is there anything family oriented down there? And then get into the walkability of where are they going to walk to down there versus the Park Place development, which is down in our town. They can walk to the lake, they can walk to some of the schools in the area and library and the museum and the soon to be Dark Sky Discovery Center. If you could comment on that? MORRIS: Thank you, Mayor, Councilman. A few different thoughts on that. First of all, in terms of the number of three-bedroom units what we're being allowed to do if this application is approved this evening is a maximum number of units. If during the time of planning, when we get into engineering, when we get closer to actually breaking ground, we feel that there is a demand for larger units, we can convert some of the smaller units to larger units and actually the density will drop. So that is one option. Secondly, it also depends upon how you define families. I mean, whether the family includes a child or not is also optional. It could be just couples because couples are a family as well. Lastly, as we look at the amenities for this area, because you had a question about what amenities would be available and whether we were contemplating doing active amenities for children, I point out that a typical home, if it was a single- family home, may have a backyard. They may or may not have a pool. They may or may not have a spa. We will have those amenities. We will have open space with active and passive amenities. So whether it's a park or surrounding the area, we haven't programed those because we don't know our tenant mix and we also don't know what our approvals ultimately will look like. But we've reserved two or three open space areas to be programed within the community itself. And that programing, if justified, could include a play set. And we've already notified or identified one of our open spaces as a dog park area. And so it very well could have a children's amenity if we find that those are the tenants who take interest in this. Because you have to remember when you develop these, first of all, there's a period of time between council approval as Mr. Shea pointed out, and actually breaking ground. Once you break ground, there is a lead time on construction during which you will pre-lease. And if during that pre-lease period, you find that your demographic is something that you weren't expecting or TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 73 of 125 there's a better amenity for that demographic, we still have the ability to make those changes. Lastly, you had asked about the walkability of this project, and the answer to that, I think, lies in other projects that are similar to this. And I'll give you just a few answers. One, Scottsdale Road and Thunderbird, where we've done precisely the same thing with a shopping center that was too large for modern day shopping needs. It was housing a church, and the idea was what could keep this shopping center viable long-term. So they chose the City of Scottsdale -- actually, it was on the Phoenix side of Scottsdale Road. The City of Phoenix, in that instance, allowed a multifamily development to save that shopping center. And if we look at what surrounds that shopping center, it's the air park. So you've got the air park on the east side of Scottsdale Road. You have some stores, and then you have neighborhoods and businesses in the area very similar to what we're talking about here, in that there's no immediate large park. But urban dwellers and what we're finding more and more, whether it's Scottsdale Road and McDowell, where we did exactly the same thing in the City of Scottsdale, or Scottsdale Road and Thunderbird, or in Chandler, they're not looking to be on the town square and have a 40-acre park immediately adjacent to them. But if they do, it's fantastic. What they're looking for is activity. And that activity may take the form of being in the middle of a shopping center. We also have other retail at that intersection, so not just the Four Peak center, but in addition, a short walk from there you have access to trails. So it's not impossible to think of this as a very walkable mixed-use. FRIEDEL: Can you give us any kind of assurance that Target is going to stick around? What your plan for that parcel, that development, if in two years, you get ready to build and Target is packing up and they're leaving, what happens then? MORRIS: Mayor -- FRIEDEL: Let me finish one more point. Do you have any kind of agreement with Target to move them out at any point? MORRIS: Mayor, Councilman, I'll answer the latter part of that. No, we do not. In fact, I'll go a step further. Not only is there no agreement to move them out, there is no TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 74 of 125 ability legally, despite the zoning, regardless of the zoning, to do residential on any other portion of this property because it is still under the deed restrictions that don't permit residential. It is only on this portion of the property that Target has permitted residential. So quite the contrary, there will be no more ability to do that unless Target agrees. Moreover, what we can guarantee because as I mentioned, this is a shopping center owner. This is not a residential developer. What we can guarantee and what is as close to an absolute as possible, is without this Target will leave. Can I promise that Target will stay forever if this is built? No, because Target will do what Target wants to do. But we will -- we are assured that the reason they are staying, the reason they are working with us and working with the town to make this happen, is so they can stay, and so that they can be more successful. FRIEDEL: One final question. You mentioned that you don't know your tenant mix. Is there any possible -- taking another look at the density on this, on this project and coming up with something that would fall a little bit more in line with what our ordinance calls for. MORRIS: Mayor, Councilman. These are all good questions and these are thoughtful questions. So I appreciate them and I want to make sure the council understands. This wasn't our first blush. We didn't just throw together an application to see if this would work, or to see if this could happen. This is something that, before we even thought of applying, there were years of plans and thoughts about how to save this center. That led to a multifamily component. In choosing the multifamily, there are basically three different types of multifamily you could look at. We could have looked at a garden style. Garden style buildings are typically three-story walk ups. I'm sure you're familiar with them. I lived in enough of them. And they're surface parked, so they'll have some carports and three-story buildings, and that's typically like 22 units to the acre, somewhere between 18 and 22 units to the acre. And then there are podium projects. Podium projects aren't wrapped around a parking structure. Those have a parking structure that sit underneath them and they're built on top of them. Those are typically taller buildings and more dense, because the cost of that type of construction is higher. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 75 of 125 A wrap, the type that's being proposed here, this is actually on the low end of the size, the density for a wrap, because wrap buildings are higher quality because you're building a parking structure, which is expensive, but it's better looking. But it needs the density to justify building this type of project. And it works well on a site like this, that's an odd shape where you've only got six acres. On six acres, you really can't do garden style, so you're looking at either podium or wrap, and a wrap is less dense. The other thing I'd like to answer, because you brought up density and how that works, almost every other jurisdiction that we've worked in when we do this type of mixed-use considers the entire site to be a mixed-use. If we were to consider our entire site as a mixed-use, we would actually be well within your density limits under the low end of those. It just so happens that our density is only calculated on the small portion that we're building on, rather than the shopping center, which is really, truly how this works. If it was calculated on the shopping center, it would be closer to 12 units to the acre. But because we're talking about just that piece, in this instance, the density is higher. MAYOR DICKEY: I'm sorry. Brenda, I want to ask, probably, Aaron I think a question. And it has to do with the tools that are available to any developer or any applicant to most cities and towns, if they are requesting something that's outside of the existing zoning ordinance. So when a city and a town or a town creates their zoning ordinance, they create the tools for applicants to ask to go outside of those boundaries. Is that is that a fair statement? ARNSON: Mayor and council, that is correct. Essentially any, as the applicant's attorney put it, any modern zoning code is going to have a provision, which ours does, for something that's either P.A.D., P.U.D. -- P.U.D. is a little bit outdated nowadays, but a planned area development or for some other form of rezoning whereby an applicant can say we're requesting something that's specifically or something specific, that is a deviation in some form or fashion, whether height, density, setbacks from your existing zoning ordinance. Our ordinance does indeed have that process in place, and that's the process that the developer has chosen to apply for and utilize here tonight. MAYOR DICKEY: So the idea that it's not -- that it's saying our ordinances aren't good or TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 76 of 125 that we're going around them or we're breaking the rules, we're actually following rules that are written in our zoning ordinance to give applicants an opportunity to say, look, this -- and we've seen it a million times because there's sometimes our ordinances, the Hillside Ordinance, for example, which you know, is great and I'm really glad we have it, but sometimes we make a builder do something that makes it look worse. So you know, it's worth having these tools. And the other part of that question is, though, we have the tools to request variances or changes, why would that mean that the applicant owes us some sort of reward or there seem to be some idea that we should be getting some sort of a deal out of this. And I actually questioned the legality of that, but I also question why, if they're following our rules and are just asking us, do we want to allow this change, why would that mean that we would require some kind of a reward? ARNSON: So Mayor, I actually have a couple of thoughts in response to that, if you'll allow me and if the council will allow me. Typically, when there's some sort of bargain for consideration, a "I give this and you get that" and vice versa, you're going to do that in the form of a development agreement, which is possible right, in virtually any circumstance. Whether it's desirable in a given circumstance is a different story. And Mr. Morris does a lot more work in this area than I do, but my experience with this is okay, if you're looking for some – a project that's going to happen with phase development or where there's roadway or infrastructure that's going to be deeded to the town, or where there's necessary additional assurances or bonding that's going to need to be given. That's when you would enter into a development agreement. But it is by no means a requirement or even necessarily all that common for them to happen in every instance. And indeed, we've done plenty of rezoning requests. Granted, plenty of rezoning requests that aren't accompanied by a development agreement. And the last point that I'll make, Mayor, is even when you do have a DA, rezonings don't happen via a DA, they are companion, right? You have a companion rezone with a development agreement. So either way, if you're changing building standards, if you're changing height, if you're changing setbacks, you're going to be getting a companion one way or another. So this application is not out of the ordinary from a legal perspective. If that TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 77 of 125 answers the question. MAYOR DICKEY: Thank you. Brenda? KALIVIANAKIS: Okay. Thank you, Ms. Mayor. My last questions, and I promise I'll be brief, are to Director Jacobs, could you please come back? You're still under oath. JACOBS: Mayor, Councilmember. I raise my right hand. KALIVIANAKIS: Thank you very much. I just wanted to drill down just on a couple of things that were mentioned recently. As far as walkability is concerned I'd like to just make a short statement, and then I'd like for you to describe to the audience and to the council about vertical versus horizontal multiuse agreements. But before I do that as far as the walkability is concerned, if you were to purchase or to lease an apartment from here, the way I look at it it's walkable to go to Target, of course. That's the general retail store. And it's also got a grocery store. And so you've also got a grocery store. And so you've also got a grocery store and a retail store. You've got two restaurants. You got Denny's, Streets of New York. You've got a clothing store, a Dollar Store, and you mentioned we might even have a Walgreens if they're induced to come back. So it seems it seems like you could live here without a car, survive, and walk everywhere you need to go to survive. And of course, there's the Amazon option, too. But could you describe what I just asked you? JACOBS: Madam Mayor, Councilmember Kalivianakis, I think you described it for me. I can say, yes, that is true. So walkability again, from the proposed apartments to Target, the pedestrian pathways, we have sidewalks along Shea. So again, if you choose to walk and want to grab a bite at the Denny's, if the Walgreens were to reopen or be redeveloped, of course, you can walk. That's walkability, through sidewalks or again, through the pedestrian pathways that the applicant and Director Wesley described. And then as far as -- unless you want me to clarify more about the mixed-use and the vertical and horizontal. So again, as Mr. Morris said, looking at the whole shopping center, and again, you really are looking at this one particular area. But I like to look at the whole shopping center, again in economic development, future thinking. And so this is a mixed of uses, having residential -- so the population feeding into the TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 78 of 125 commercial. And so what I meant too about horizontal and again being native to Arizona and you guys know from the southern Arizona we appreciate the mountain views. So you would see a lot of the, the horizontal, the shopping may be then a mixed- use of apartments. And so mixed-use, again, if you're from LA, if you're from Chicago, from New York, you may be used to what you're seeing at Park Place. And again, if you've just moved here, you're used to it can just be residential to the top and commercial on the bottom. That too could be different. You could put apartments on the bottom, you could put a major employer on top. Again, there's a variety of uses. And of course, you want to look at market demand as, again, professional staff has and the applicant with the proposed project. KALIVIANAKIS: Yeah. And thank you. And I think that's precisely it. I think people think more of Park Place and the traditional retail on the bottom and housing on the top. But there's also another model that I think we're entertaining here. And so thank you. Thank you for illuminating that, because I think a lot of people, they just don't understand. And so they say that, well, this can't be a mixed-use. It actually can if you consider it horizontal not vertical. Lastly, this will be my last question, there was some confusion as to does this meet the needs and demands of our general plan? And could you again just enlighten us on how this has a symbiotic relationship with the general plan of Fountain Hills? JACOBS: So Madam Mayor, Councilmember Kalivianakis, again, Mr. Wesley, Director Wesley pointed those out with the housing, again, a diverse mix of uses being attractive. I don't have all of the verbiage, but it ties into that. It ties into our strategic plan. And then, of course, all those documents fed into -- working on for over a year, our community economic development strategy. So it is all in alignment. KALIVIANAKIS: Thank you. JACOBS: You're very welcome. KALIVIANAKIS: You may be seated. JACOBS: Prefer standing. MAYOR DICKEY: So does anybody have any other comments or questions? TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 79 of 125 TOTH: I did -- GRZYBOWSKI: Oh, sorry. TOTH: I thought she was looking at me. I'm sorry, Madam Mayor. If I could ask the applicant's attorney, a quick, clarifying question? It should be fast. I just saw a couple eyebrows raised when you were commenting earlier. You had mentioned that there was the possibility of filling the retail area with maybe lower quality business owners, and I just saw a couple questions, it seemed like. So I wanted to give you the opportunity to expand on that. What would the -- what would an example be? And don't say a business name. I'm not trying to get you in trouble, but what would be an example of a type of business that was a lower quality or however that was worded, that was denied the ability to be in there as an example of looking out for us? MORRIS: Thank you. Mayor, Councilmember, I should point out that they do not want lower quality tenants and they do not want less desirable tenants. And when we talk about that, their business model is creditworthy national credit tenants, because that's the best tenants you can have. It makes the shopping center more valuable. These are typically tenants that pay the best rents and are, more importantly, more reliable. You don't get the turnover with a national credit tenant. When you don't have the ability to draw a national credit tenant and you have vacancy, and without mentioning the types of businesses or certainly not business names. All I can ask you to do is think about arterial roadways that you have driven down where there is no national tenant. There is no brand in that shopping center. What do you typically see? You'll see some services. You may see some -- I'll call them non-chartered financial institutions. You'll see various businesses that may not be national. They may be -- and they may be struggling local businesses who deserve a shot at being in a shopping center with other national tenants. But by and large, you find businesses that don't necessarily add value to the shopping center or the community. And I don't want to disparage any industry. I'll just say you've probably seen them. TOTH: Okay. Thank you so much for that clarification. Piggybacking off that. With the national credit of the businesses that are currently there, what would be the best TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 80 of 125 descriptor for why pre-COVID, we had some issues trying to get retail or any industry in there. MORRIS: Mayor, Councilmember, I think most people in the retail industry will tell you COVID didn't cause -- and hopefully I didn't point out COVID as a cause for this because COVID didn't cause the vacancies. COVID contributed to them. And COVID, to a large extent, was the nail in the coffin of a retail industry that was already going in a certain direction. Pre-COVID, if you looked at the size of a -- just to pick a business -- Best Buy. Versus what Best Buy really needs today by virtue of the online business that they do, it was already trending in a direction where the United States had more per capita retail space than any other nation on Earth. And if you looked at the west in the United States versus the east, we had more per capita retail space than the east. And if you look at Arizona and then you drill down to the Valley, you saw that our per capita retail space was far in excess of national averages. But more importantly, what was deemed now necessary based upon how many different shopping options we had that maybe weren't available 20 years ago. So COVID didn't cause this, but COVID just cemented the comfort level of not going to a store. So it really was the demise of a lot of uses. So what's happened? What have we seen? We've seen now retail come back because new retail is being built smaller. And the retail spaces that exist are largely being taken by experiences, experiential services, fitness. Things that you cannot click a button and have delivered to your door, so restaurants. The types of things that you're seeing shopping centers built around are those type of uses with a contributing factor of having a residential component. So I think I've shared with you some of the other projects that I've worked on. Those projects, when redeveloped, whether it's a shopping center at, you know, Osborne and 7th Avenue that's now a New Sprouts and a residential component. And it was just a large strip center. When I look at what was across from Los Arcos Mall, Papago Plaza, and it's now a residential community much like this. And Sprouts is going in and you're getting different retail. They're new retailers, but it's heavily skewed towards restaurants, spa services, quasi-medical and medical, and then the ability to do services along with retailers that you typically won't be able to find TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 81 of 125 easily on the internet, so handmade goods, unique services, unique soft and hard goods, which is really the hope and the light at the end of the tunnel for what we're doing today. TOTH: Well, thank you so much for those clarifications. I had one final question. And you know what? It left my brain. So I guess I'll pass over to Councilman Skillicorn until I remember. MORRIS: Mayor, Councilmember, that's my strategy. I know if I talk long enough. MAYOR DICKEY: Thank you. Vice Mayor? GRZYBOWSKI: No, nothing. Madam Mayor. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. So I really believe that process matters on this. So there's a couple questions that I kind of want to ask us and staff. You know, I'm concerned, curious, because this obviously is a hearing, you know, has anyone on this council been lobbied or had ex parte conversations with Sandor? I mean, I'd actually like the camera angle opened up so we can see -- I mean, let's go down the row. Have you been lobbied or had ex parte consult -- MAYOR DICKEY: Excuse me? This -- SKILLICORN: I have -- I have the floor, I'm sorry. MAYOR DICKEY: You have an accusation to make and -- SKILLICORN: No, I'm just curious -- MAYOR DICKEY: The hearing is over because I -- the hearing is over. SKILLICORN: I think the public has a right to know if anyone's had ex parte conversations with Sandor. Can we go down the row? MAYOR DICKEY: No, we're not doing that. SKILLICORN: Are you going to refuse the public from this, seeing this? Is there anyone here -- MAYOR DICKEY: If you want us to -- SKILLICORN: Is there anyone here who has taken campaign cash from Sandor? MAYOR DICKEY: Oh my gosh. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 82 of 125 MCMAHON: (Indiscernible) out of line. SKILLICORN: I would like -- I would like the people of the town to know. You don't believe in -- we're going to rush this through, process be damned. And we're not going to answer questions like this. MAYOR DICKEY: Process? SKILLICORN: I mean, we're rushing this through. MAYOR DICKEY: Councilmember -- SKILLICORN: We don't know -- and we're having no transparency here. Is this the process we want in this town? MCMAHON: Councilmember. I object to your -- and I'm going to use this word, vulgar accusations. They're inappropriate. You have no proof that I know of, and I -- this is not a hearing any longer. You know, maybe it's you that's doing that. Since you're making the accusations, how does it feel? SKILLICORN: Well, someone here asked me to recuse myself, so I'm curious if anyone else here -- MCMAHON: Again, this is so inappropriate for what's happening right now. I'm asking you to just not continue with it. SKILLICORN: So is that -- you're saying that you're against transparency? MAYOR DICKEY: Please do not speak until you're recognized. Aaron? ARNSON: Yeah. Mayor, I understand the councilman's question. It seems like that the -- he's made his point and the council's not -- we're not going to entertain the discussion. Mayor, I would suggest that we move on. MAYOR DICKEY: Thank you. Vice Mayor? GRZYBOWSKI: I don't have any questions. I'm ready to move on with comments or whatever else we want to do. If there's no other questions from anybody else. MAYOR DICKEY: Thank you. SKILLICORN: I'd like to make a motion to table so we can go to executive session. MCMAHON: I would like to make a comment and -- thank you. Firstly, I would like to say thank you for everybody for your public comments. I would like to thank staff and TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 83 of 125 Sandor for their very, very informative presentations. You have really addressed a lot of my questions. I would also like to thank Mayor and council for their intuitive questions as well. So I'm not going to reiterate them because they have answered my questions. And what I've heard tonight is most everybody has said that this is a failed retail center. It has major deed restrictions on what can be there, but we need to do something about it. And in addition, this is happening on the local and the national levels, it's not just happening in Fountain Hills. Nationally, federally, efforts are being made to encourage, through financial incentives, converting these vacant commercial centers to rezone them for residential use to provide new housing opportunities for our communities. In addition, this is happening right now at our state level as well. Representative Ortez just introduced legislative bill number 2997 that mirrors this type of change in commercial zoning. The bill, when passed, will make it easier to make zoning changes on these dormant properties and convert empty commercial buildings into mixed-use for residential purposes. As stated tonight, this is in our strategic and general plan. This has already been planned for, in general, for the Shea corridor. In addition, as Amanda stated, this is a financial opportunity for the town and it is going to provide much needed housing. Taking all of this into consideration, I can't help but support this. I think Sandor has presented a very well-developed presentation and I am for the rezoning and when it's appropriate, I'd like to make a motion to approve this as stated in the agenda. Thank you. MAYOR DICKEY: Okay. And I know that the vice mayor has some -- just comments, not questions. Right? Is that what you're saying? GRZYBOWSKI: That was my point, was I just didn't want to go on until we were sure there was no other questions. MAYOR DICKEY: Okay. Councilmember? FRIEDEL: I want to -- MAYOR DICKEY: Okay. And I'd like to say a few things, too, but. Okay. Vice mayor. GRZYBOWSKI: First, thank you guys for coming. I appreciate those of you that came TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 84 of 125 and spoke. I appreciate the written public comments that we had, which was a whole lot. I already forgot how many it was. One of my pet peeves sitting up here is everybody has an opinion. But you're not letting us know where you stand. And then you give us crap when we get off the dais because we didn't agree with whatever your magical thought in your head was. We need you to speak up. We need more of this. We need more of this spoken. We need more of the written, I appreciate it. One of the things that I did not hear today, and I really appreciate it, because there was a crap ton of it on social media and online. Nobody used the term, "those people", or "riff-raff". And I totally appreciate that because honestly, many of us started out as renters and some of us are actually renters now. What I am going to ask you in your head, and those people watching at home that I know have used the term "those people", because it was used for Daybreak, it was used for the mountainside property. Take a second and think about how you define "riff-raff" or how you define "those people". Good news. Our reputation precedes us and they don't want to live here. They don't want to live with us. To them, we are those people. To them we are RWAs. And I will only tell you what the RW stands for. You can Urban Dictionary, the A. The RW is rich and white, which a lot of people online are going to be happy with because of some of the really horrible comments we've all read. Let's not forget, no matter where you live or how much you spend on your house, you never actually know who your neighbor is. There are currently six sex offenders registered in Fountain Hills. Four are a level two, which is a moderate risk of re- offending, and two are a level three, which is a high risk of committing another sex crime. There are 58 people with warrants that use Fountain Hills as their residential address. I reviewed 25 of those 64 people, and none of them gave apartment addresses for our Pillar, Park Place, Luna, or Four Peaks communities. Our town's character is already defined. We're just trying to give people a choice in their housing type while we get rid of some of the commercial vacancies, which everybody agrees we have too many of. I've spoken with people that currently rent or have rented in Pillar, Four Peaks, Park Place, and Luna apartments. My very informal survey of over two-year apartment TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 85 of 125 residents say that their complex's average age reflects that of the town's average age, and the character or vibe that their complex gives off is identical to that of the town. My personal experience in Pillar in one and a half years is very similar to what I just told you there. Many of us in Pillar have sold our homes here in Fountain Hills and have downsized, and most of my neighbors are full-time residents. Not everyone wants a 3,500 square foot home. Not everyone wants to spend $1 million on a house. Not everyone wants to buy. Some of us like that "close the door and leave the house without any worries" kind of lifestyle that my husband and I have just recently gone to. This complex that we're talking about allows people market-priced apartment living. Notice that I said market priced. I didn't use the word affordable because I've read your Facebook posts and I know you automatically hear low income and Section 8 when somebody uses the word affordable. That's not what we're talking about here. According to Zumper.com as of December 2023, the median rent for all bedroom counts and property types in Fountain Hills is 36 percent higher than that of the national average. Side note, I have been informed that we do have some people that own houses that accept Section 8 for tenants. Just letting you know it's already out there. You already know a lot of people that will live there, people that want to sell their home and downsize, the teachers in our schools, our new firewomen and men, your kids and your grandkids. I'd be negligent if I didn't remind you that we have business owners in town that don't live here, that would like to live here, and this might give them an opportunity to do so. I'd like to address some of the concerns that I've heard over the past couple of months. Traffic, a full capacity strip mall brings more traffic than an at capacity apartment complex. During a two-hour car count on my side of the Pillar complex, which is 92 units, there were a total of 51 cars and six walkers. When I'm stopped at the stoplight to leave Target, there's generally at least four cars that are there with me. If you factor in a two-minute light cycle -- which I'm guessing, I didn't actually time it -- that's about 120 cars per hour and the strip mall isn't fully occupied. Density. One of the complaints that I've heard about this, that we heard about Daybreak and that we heard about -- or TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 86 of 125 actually one of the complaints that I've heard about Daybreak and Mountainside was that the property was too dense in that area for the single family homes that were around it. Those kinds of complexes should be downtown, is what I was told about Daybreak and Mountainside. With this layout, with commercial on the east and residential on the west, you're creating a downtown type environment and allowing them to walk to shopping and restaurants. Yes, even in 110 degrees. In Pillar, I walk to the chamber. I walk to American Grill. Yes, 110 degrees. I'm outside for eight minutes. It doesn't kill you. Walkability is subjective. A reminder, actually, I believe the councilwoman already mentioned that we've got grocery inside of Target. So you've got grocery, you've got shopping, there's restaurants. And I know a gal that if this goes through, she's got a very unique business that she would like to propose to the owners, which I'm not going to mention because I don't want to spoil the fun for her. But walkability is subjective. One of the comments was loss of use. They've gone to great lengths to make sure that we don't block the views from your home. And they had some great artistry work on that. Too many apartments is one of the complaints I've seen on social media as well. Our apartment vacancy rate is less than ten percent now. I think it's like five or seven percent. You may think that apartment management companies want consistent at- capacity housing, but that's not so. I understand they prefer an 88 to 90 percent occupancy as a good number. It allows for showings, immediate move ins, and allows them to switch out a dishwasher for an existing tenant instead of making that tenant wait two to four weeks for a new one to arrive. Because, you know, they don't drive to Home Depot and get a dishwasher. They go through their people and that always takes a couple of weeks to happen. Adding this project to our diverse housing will not flood the market, and there's no worry about having too many rental units. We've heard that -- we heard that from Mr. Shea when he spoke earlier, and we've seen that in an email that we all received from a former council member as well. And one more thing I'd like to say is we lose relevance if we don't change with the times. And I think this complex allows us the opportunity to change with the times. Thank you TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 87 of 125 mayor. MAYOR DICKEY: Thank you. FRIEDEL: Thank you, Mayor. I just want to make a brief statement. I want to thank all the residents who came to the meeting tonight. It's great to see all this community involvement and hear both sides of this and all the comments. So again, I appreciate that. I also want to start by saying I really like the project. It looks great. The reason it's coming to this council is because it doesn't fit within the town's current zoning code, and not just by a little bit, but by quite a bit. That 30-plus increase in density also creates a parking shortage, whether it's addressed or not, with an agreement through Target. Who knows and who knows where these people will end up parking. It may not be at the Target store, so that's a concern that I have. I also want to note that our planning and zoning commission denied this request when it came before them earlier this month, for some of the same reasons I mentioned here. I understand that our existing apartment complexes are doing well and have excellent occupancy rates, and that's great. We currently have over 300 more apartments in projects approved already by this town. So how many? Nobody has said how many apartments are adequate for this town. We still don't know that number. Including Park Place, which hasn't been completed yet so we're waiting on that as well. Listen, change is inevitable. We all know that. And it must be done clearly, measured, and to the benefit of all. Our 2020 general plan adopted by the town and its residents, by a vote was put in place to help us monitor this change and for the protection of our residents and the town to maintain that special and unique character which was mentioned in the book that was written on the history of this town. When Mr. McCullough originally started this town, he said, this town is unique, and the character is going to be different. He set this town up to attract people here from metropolitan areas. So my concern with this density is that we're going to become another one of those metropolitan areas like Scottsdale or something like that. So again, I want to state I would not be opposed to this development at Four Peaks Plaza if it fit within our town's zoning ordinance. Developers overbuilt that retail space probably some 20-plus TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 88 of 125 years ago. In fact, I was cleaning out my car. I found the original newspaper article where it says Target was tabled again. So they had questions when that was put into place. That's 23 years old. How I had this, I don't know. But it just so happened that I found that in my car. So again, there were questions. It was in a box with my jumper cables. But anyway, there were questions when that was built. There's questions with this one being built right now too. So my point is, I guess, I don't want us to create another problem. Let's make sure we do this the right way and within our codes. So I will be a no vote on this proposal as written. And follow the recommendation of our planning and zoning commission. That doesn't mean it can't come back, if it doesn't fly. But that's all I have to say. Thank you. MAYOR DICKEY: Yes, Councilwoman? KALIVIANAKIS: Yes. Thank you, Ms. Mayor. I'll just make a very brief statement. I had written a very inspirational and eloquent close to tonight, but I think that's all been done by the citizens of our town and by the presentations here tonight. So I'm going to save everybody my presentation. I would like to state that Mr. Skillicorn and his accusations are basically slander. They're in a public forum, and he does a discredit to this entire council by making empty allegations. If I'm keeping my facts straight, the only one currently under ethics investigation is you. But back to the project. I don't want to beat a dead horse because if I were to sit here and pontificate, that's what they would accuse me of. So tomorrow on Facebook, they would say, not only would the no people be against me, but then I'd have the animal rights people against me too. So I'm going to keep it short. And I'd like to second Peggy's motion to go to a vote. MAYOR DICKEY: Thank you. I do have a couple of things to say as I know that some of you may have lived here longer than I, but not many -- 40 years. I know that -- yes, I know some have, not many. So what I want to address first is this two things the redefining of the community by people that haven't been here for 40 years, and the policy plans that we've talked about quite a bit tonight. I'm going to start with the most obvious one, which is the general TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 89 of 125 plan that we just brought that up, 2020. You've already heard verbatim why this project perfectly aligns with it. Overbuilt retail areas need to be redeveloped. We need multi- residential development that is geared to creating an integrated and mixed-use environment. But maybe people are under the impression that the general plan is just some kind of top down, unrealistic document that's on a shelf someplace. Because that's what you know or that is not actually being used. But in fact, the general plan does guide the town, like Gerry said, staff in making decisions. As the town continues to grow and experience changes it's the foundation used in establishing zoning regulations. Zoning regulations that include the tools to ask for consideration to go outside those zoning regulations. They're there for that reason. Develop our strategic plan, create capital improvement, amend the town code, and also, it's a good thing to have if you want to go for grants. Not only is it a good thing to have, though, the Arizona law requires that we have a general plan and it needs to be updated every ten years. And the plan -- the state says the plan has to include land use, circulation, open space, growth, environment, and such, but it also may include economic development and housing, which ours does. So I just found this in my car too -- no. But this is a list of the people that were involved with our general plan -- directly involved 2020. You probably can't see it, but plenty more and a lot of meetings that we had. And so there was a lot of input not only into the general plan, but also it was ultimately approved by the council and put before the voters in 2020. And much like the Target center, which was approved twice in your newspaper by two to one margins, because it was a zone change and it was a general plan change. So it went -- and then the voters -- so it was put to the voters, and it was approved two to one in 1998. And the general plan passed with 71 percent of the vote. So it's kind of a similar margin there. As an aside, when they were talking about Target, the town agreed to split the sales tax with them up to about I think it was like it was $900,000-something, to like $1 million. And that was supposed to be a ten year-plan, but they met the $1 million threshold in five. So we've been collecting 100 percent of the sales tax ever since whenever that TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 90 of 125 was, 2004 or 5. Next is strategic plan. So the strategic plan that was in existence at the time when the general plan was voter-approved and is part of the general plan, includes this, quote, "increase population and residential densities to sustain existing and future commercial businesses in town by: a) rezoning underutilized commercial property to residential where feasible and as opportunities to do so present themselves; b) allowing residential uses on commercially zoned properties as appropriate and beneficial to support commercial activity and that character area; and c) rezoning unplotted land for greater density and affordable family housing." That was in the strategic plan, which obviously council approved, was part of the general plan approved by voters. Similarly, Vision Fountain Hills, which was a work product of FHCCA, many, many volunteers, lots of meetings put forth the goal of attracting younger families and intergenerational community. So last and most recent, the economic development plan was adopted seven - zero, as you've heard last September. After the presentation when Amanda said we would be pursuing redevelopment of the Target Center, specifically, collaborating with owners, everybody there was very supportive of the plan -- I read the minutes last night -- and happy that it wasn't just a plan, but there was going to be action. Not one person, including this council or public members here now, or who may have been there then, objected to this particular goal that I just mentioned. There were some people that were -- did not like if we did more administrative changes or things like that, there were little things people liked and didn't like. Not one person had an issue with this housing part of it and working with Shea. And again, collaborating with the property owner of Four Peaks Plaza, just like she said in her presentation. And it also included this phrase, "diversify housing opportunities within Fountain Hills by pursuing multifamily and workforce housing developments with amenities that are desired by younger professionals." That was written down. It was in that matrix of the implementation of the economic development plan. The idea that this tonight is somehow a surprise, I looked back on my last two states of the town. I've mentioned Shea, redeveloping of TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 91 of 125 Shea, twice, so not even just last January, the January before. So the idea that it's underhanded or secret or we're getting money for it or it's ill-conceived does not jive with the history or with reality. But I do want to talk a little bit about history, because there's a lot of talk presuming what this town -- how to define it. You all know how, why I moved here, or we all know why each other moved here. Views, desert beauty, the things that we all know, obviously, that's why. Those are going to come to mind. But it's quite a leap to say that we were escaping urban nightmares or something like that. I understand the fact that we even were formed was because President Kennedy at the time said, we want to make one -- it was supposed to be 100,000 populations -- but we want 100 cities -- called the 100 cities thing. And they grabbed it, McCullough, and came out. But the idea that it was an escape -- I mean, I moved here from New Hampshire, so it wasn't like the urban, you know, nightmare. One resident said no one has -- actually, two -- said no one has a right to live here. People earn the right by being very productive in their lives. So with police, firefighters, teachers and nurses, are you saying that they're not productive enough in their lives? Another said we should promote condos to bring a better class of people here. Some went further -- and I know we said about going there -- but some did go further. Talk about party affiliation and race. So when I moved here in '83, we were young, obviously not yet very productive; in our 20s. We were not wealthy. We weren't white. And I will give you this, I was Republican, so. But we lived in several places in town and I've rented in several places in town. My family likes going to Target. They've always liked going to Target. I don't think it was a mistake. 20-plus years of shopping and we had a Ross, we had the Pier 1, Petco's still there, and so on. Meetings at Starbucks. Even going to Blockbuster, remember that? So those are memories, the memories in our lives. To say that today is a proof that something that's been in existence and still exists for 22 years is a mistake. I'm sorry. Many people had jobs there. People have jobs there now. Some people were going through hardships. They had jobs there. Help them go through some illnesses, help you get through a divorce. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 92 of 125 No one's going to convince me that bringing my kids and their friends at the time, or my grandkids now down to Target during the holidays is all for naught, because a mistake was made by the populace who voted it in twice in 1998. I'm proud we voted that. I'm proud of the council at the time that made that decision, even though an email that we got called them all kinds of names, that they were ignorant to do so. I think it was a great decision. And I would just like to say that I think there's been plenty presented here to indicate a very thorough, a very responsive process, one with careful, experienced staff who participated and made recommendations in order to support moving ahead. This is a business, a school, and a community friendly multi-million dollar investment in the town of Fountain Hills, and I think we should support it. Any other comments or questions? Yes, ma'am. TOTH: Thank you, Mayor. I know we have a motion on the table. I started out with this much to say, ended up with this much to say. Realized we'd all want to go home before midnight tonight if possible, so I scratched most of it out, so bear with me if it's a little disjointed. First and foremost, I want to make it extraordinarily clear that I have not been bullied, politically pressured, or otherwise unethically swayed in my decision-making. I will also make it clear I have neither the impression nor suspicion that the earlier accusations are based in reality. If the former is a rumor being spread, I would highly encourage the spreader of said rumor to learn a very important difference between voters holding someone accountable for their own words and bullying or political pressure. I've heard that language before in other issues, and it just perked my ears when it came up today. That I think there's a huge difference between a voter saying, you said you'd stand a certain way on issues like this, and now you're not what's going on, and something that would be considered unethical. Moving on from that. When we first heard about this project, I was so excited that we're finally looking at new ideas for the area. I think I don't quite have our mayor's record. I'm at 25 years, but we're getting there. In my defense, I wasn't born yet, but -- this has been an area that's needed to be looked at since, as far as I can remember, TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 93 of 125 which wasn't too long into its life. This development and I were born in the same year, '98. I, for one, would very much like somewhere to live in town. Full disclosure, I know what it's like to be a young professional. I am one, I have $300 to my name, and 200 of it is because the council paid me today. I'm well aware what that struggle is like, and I'm well aware of what it's like right now to be looking for places to rent in town. I'm fortunate to have somewhere to stay in town. And I also recognize that I'm in a unique position where I need to stay in town, I'm on the council and so my original understanding of this issue was that heck, yeah, where do I sign? Let me live here. But my perspective was broadened. Specifically, from people that I know that currently live in Scottsdale and are concerned about the overdevelopment in that area. I have a friend from Florida that experienced that in her small town near Tampa Bay. And understanding that, yes, there is the question of if we get a business, then where would they live? But even more so if we get apartments, where will they work? If we're trying to get this cycle going as a town, as a community where we have young professionals moving in and staying here in town. People are willing to commute. We're very close to Scottsdale. We're very close to Mesa. There are apartment options and there's some here in town. I've been looking at them. Some are already aware I've been touring some homes and hoping to find somewhere within the community to live with a friend of mine. But without getting too long on this rant, I felt as though I owed everyone an explanation for why I'm voting the way that I am, and it's out of concern for this town and out of the long-term vision of what this community needs to be, which is welcoming to young professionals and able to provide the opportunity that gives them a reason to stay. At the moment, if we don't have jobs that pay so that people can afford the rent, which is more expensive, then we can't guarantee a thriving community until that problem is solved. MAYOR DICKEY: Okay. Thank you. So is that it? All right. Well, we have a motion and a second on the table. Could we get a roll call, please? GRZYBOWSKI: Just to clarify, the motion is approved as written. Correct? Thank you. MENDENHALL: Councilmember Friedel? TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 94 of 125 FRIEDEL: No. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Permission to explain my vote? So a couple hours ago, I asked the attorney if this was a quasi-judicial hearing or if it was legislative, and really didn't get an answer on that. So I did look it up, you know, and I see here quasi-judicial has to do with site specific zoning. This is something that is definitely site specific. It doesn't comply to the zoning. And there's a specific application for zoning. So it sounds like it is quasi-judicial. I see here the definition of that as the council members have to act as judges rather than legislators. So some of the questions I had had very much merit. And I'm not making any accusations. I'm just asking serious questions that would have to matter in a quasi-judicial setting. A couple of people like to throw accusations back at me. That's fine, but that's not how I play. I'm just asking serious questions. I wanted more transparency. I think this process is flawed. I think this has moved way too fast. I'm concerned that planning and zoning voted this down, and yet here we are trying to push it through. So that's my thoughts on that. And I'm a no. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: I would be a yes. MENDENHALL: Councilmember McMahon? MCMAHON: Yes. MENDENHALL: Councilmember Toth? TOTH: No. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Yes. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes. Four to three. MAYOR DICKEY: Thank you very much. Please. Yes. Do you want a break? Oh. Thank you. This next item is related. Do you do you want a break? I'd rather keep going. If you -- TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 95 of 125 GOODWIN: Mayor, as you know, this item is related. ARNSON: Rachael, maybe just give it a minute while people vacate. Yeah, just a suggestion. [Pause] MAYOR DICKEY: We would like to get going if we can, please. We have three more items. ARNSON: The mayor says we're rolling. [CLERKS NOTE] Councilmember Hannah Toth left the dais at 10:05 p.m. and returned at 10:08 p.m. GOODWIN: Yep. All right. Thanks, everybody. Mayor, our next item, as you know, is kind of a -- is regarding the same space, but it is a separate item. Our senior planner, Farhad, is going to be presenting that item for us tonight. TAVASSOLI: All right. So good evening, Madam Mayor, Councilmembers. So as John said in the very beginning of his presentation, there are two separate distinct P.A.D. requests associated with the Four Peaks Plaza. First one, quite obviously, was in regards to the proposed apartments. This one is in regards to, well, I should say the scope includes the Target owned parcel as well as the parcel -- MAYOR DICKEY: Could we have order, please? Guys, we're trying to get work done here. It's late. TAVASSOLI: I just want to make sure when the time is right. So the scope, as I was saying, includes the Target owned parcel. And actually you don't see the parcel boundaries here, but the Target owned parcel is generally right here. And immediately to the east is another property owned by Sandor and the spaces are tenant occupied. So this is, as I mentioned, a separate P.A.D. request entitled Four Peaks Plaza. What the applicant is proposing to do is to rezone from the existing C-2 C.U.P.D. zoning designation, as well as the I-1, which only covers the 75 foot wide drainage channel, just like as in the previous case to establish it as a P.A.D. Now, I'm going to go straight to the last bullet. The current standards for the C-2 C.U.P.D. shall apply. The primary purpose TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 96 of 125 for this P.A.D. is to – for the developer to create its own allocation for signs, particularly as they relate to monument signs. And in that regard, the applicant is proposing to replace the existing 12 foot high sign, which is also 14 feet wide with a 20 foot high sign and a little over 21 and a half feet wide. That being the existing sign again at the southeast corner of Shea Boulevard and Center Lane, which is the signalized intersection indicated here by marker A. And also to add a new 12 foot high sign and a 14 foot wide monument sign at the driveway midway between Shea and Saguaro, indicated by marker B. This is about 530 feet or so east of the Shea and Center Lane intersection. And as I mentioned, all other C-2 C.U.P.D. standards that have been effective when this rezone request came before the council at the time, back in the late '90s shall remain in place. So again this is to replace number one, the 12 foot high sign with a 20 foot high sign. The applicant has included a rendering right here to better illustrate the height and the number of tenant signs that will be also on this sign. And keep in mind, the tenant signs -- the colors will be muted as the rendering here indicates. And again on the left is the existing 12 foot high sign. Signed B will be an additional sign. It would be a new 12 foot high sign, much like the existing sign at the signalized intersection. It would also be 14 feet wide. At the driveway between Shea and Saguaro. So how does this deviate from the existing sign code in the zoning ordinance? Well, with regards to sign A, the sign height is limited to 12 feet. The applicant is proposing a 20 foot high sign, as I mentioned earlier. Also, the base zoning ordinance standards when it comes to sign area is limited to 50 square feet for a monument sign. The applicant is proposing 210 square feet. And this, again, is in regards to the removal and the replacement of the existing sign at Center and Shea Boulevard. With regards to sign B; now, I should mention that a monument sign would be allowed at this proposed driveway midway between Shea Boulevard and Saguaro -- I beg your pardon; Center Lane and Saguaro, because of the distance separation from the existing sign. But here the applicant is proposing 80 square feet of sign area, which is a little TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 97 of 125 over 30 -- which is actually 30 square feet above what the base zoning standards allow. So now a motion to approve at the planning and zoning commission meeting was denied. However, staff is still supportive of a -- or I should say, approval of this P.A.D. request with the sign allocations that the applicant is proposing. We believe the approval would address some challenges due to the limited visibility from Shea Boulevard. And much like the previous P.A.D., it provides uniform zoning throughout Four Peaks Plaza. There are some stipulations for approval included in your staff report. All four of them are listed here. During the building permit review, we will also require an encroachment permit to be reviewed by our public works department. And also a stipulation here to ensure that the final design does not conflict with the existing sewer line. With that, I'll conclude my presentation. Jason also has some exhibits to share with you as well. MAYOR DICKEY: Should the applicant -- FRIEDEL: I have a couple of questions for Farhad. MAYOR DICKEY: Okay. FRIEDEL: Farhad, will that sign be illuminated? TAVASSOLI: It will, Mayor and Councilmember Friedel, it will be illuminated from the inside. FRIEDEL: From the inside. And do you know what hours of illumination? I'm concerned with a 20-foot sign, any neighboring properties and people looking down on it -- will it be 24 hours lit? . TAVASSOLI: Mayor, Councilmember, I'm not sure if there's any regulations in place that would limit illumination for the sign. I could check that for you, while the applicant is presenting. MAYOR DICKEY: You want me to open the hearing? I was going to let applicant speak. I'm going to open the hearing so we can -- sorry. Open the hearing so we can hear from the applicant like we did before. So that way maybe your questions get answered while we listen. And then we'll close the hearing and -- or we'll hear from people and then TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 98 of 125 we'll close the hearing. MORRIS: Mayor, council, thank you. We're almost halfway through the evening. So -- thank you, Mayor and council. I will be brief. Farhad has done a very good job sort of setting the groundwork. And I have an anticipation of what your questions may be. So hopefully some of these slides will answer those questions. You're aware of the size of the shopping center. We've obviously had that conversation even after the action that the council just took. It is one of the largest, if not the largest shopping center in town. So the town code doesn't necessarily speak -- the town code and the signage code speaks to every sign within the town for every commercial parcel, regardless of size. So where we're asking for flexibility really is a matter of the size of the shopping center and also the unique constraints of this particular shopping center from a topography standpoint. So as we look at what we're doing, this is also a cleanup of some of the parcel. You'll see in the parcel map, the portion that we are changing to a P.A.D. is being changed from the P.U.D., which is an older district. The P.A.D. is a more modern contemporary district, and it cleans up the zoning and zoning lines on this piece and continues it as one zoning district. This is really the issue at hand. This is our "Where's Waldo" sign. There is a sign there as you're driving, but you can't see it. And for a retailer that is and can be the death knell, it's one of the things that they rely upon. While residents who have lived here for 40 years will know this is where Target is, not everyone who's traversing Shea has had that experience. And oftentimes, if you think about some of the goods and services within a Target, you are relying upon that signage. So not having visibility at all, even if you could see the Target, the smaller tenants are really who suffer in that instance. So for businesses, signage is key. The sign itself that exists today that the 12-foot sign is -- oh, excuse me, away from -- it escaped. Thanks. Away from the intersection itself. So even as you're traveling, because of the topography and how inset it is, because of the easement that's there, you don't have sign visibility until you're almost on top of that intersection, which, again, is less than desirable. Farhad pointed out where those signs are. The only thing I TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 99 of 125 will mention, and it's probably evident from the exhibit, is although we are asking for a 20-foot sign and there's an existing 12-foot sign, so we're asking for 8 additional feet. Five feet is the base. This is an upgraded sign package. It is actually a much better looking sign, a more contemporary look with the shopping center. And this is part and parcel of what we're trying to do to the entire shopping center. It's creating the residential, it's upgrading the remaining commercial to match the new residential and new signage. So these are things that are key to bringing the shopping center as a whole into this decade. So the first 5 feet, although it's a 20-foot sign, is the base, which is a stacked stone base. Again when we talk about existing signage versus proposed, part of that justification for the sign is the distance, and this gives you an idea. Once that sign is built, obviously it is more visible but not garish, not outwardly signed or outlandish for the site that we've selected. Just to give you an idea of some other Target signage around the Valley, Fountain Hills is unique. You certainly don't need a pylon. You certainly don't need the size of all of these. And in fact, what we're requesting is smaller. Lighting, Mayor and council that the question has already been asked by Councilman Friedel. This is halo illuminated. So although it's internally lit, it's lit just so it backlights. It's not a cabinet lighting, which I think is what you may be concerned with. And in fact, at development, if we're fortunate enough to have this approved, it should emit the same or fewer lumens, which is how you measure light. This actually is probably a better exhibit for that. It shows that these are not cabinet lit, they're halo illuminated. And in terms of light spillage, you get a sense where between four street lights at that location and the traffic light signal itself. So it's not creating additional light spillage. Thank you. MAYOR DICKEY: I'm going to ask if there are any speaker cards first before we discuss. MENDENHALL: Okay. Thank you, Mayor. Yes. In your packet, you have some comments on this item, and there was 13 in favor of it and 5 opposed. We had two people come in and give their written comments. One opposed and one was in favor. So a total of 14 in favor and 6 opposed. We do have speaker cards. It shows I have TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 100 of 125 nine, but some of the people may not be here. So we're going to start with Kathi Marx. Are you still here? Okay. Cathi Marx is first and then Pamela Curtis. Okay. You're on deck. MARX: Don't give up easy. All right. Thank you so much for being here and everything. So thank you. The purpose of the new signage on the proposal says, and I quote, "In addition to efforts to bring more activity to the property and in order to increase visibility of the shopping center, assist in wayfinding in the visibility of the remaining tenants within the shopping center, we have to have these larger signs." Yes, people who live here know Target's there, but people who are visitors, it's called a GPS. I don't really think we need a 20-foot sign. My guess is that people who don't see this as a big deal don't live along Monterey, Trevino, and parts of Nicholas, I do. I currently see the casino sign all night long. The lights of the Shell station, car wash, Comfort Inn, Denny's, Target building sign all the way through the CVS pharmacy signage. The way Shea kind of turns and the way my house is -- what will happen is I can see the intersection of Shea and Center Lane. So when that 20-foot sign is put up, I will have the full facing 20-foot Target sign backlit facing my back deck. Don't forget phase 2 of the hospital was approved and with it will come additional signage on the corner of Shea and Saguaro, with an existing light source from McDonald's, Senior Taco, and Bank of America. In all actuality, it already looks like a mini Las Vegas strip. It feels like sometimes all we need is an Eiffel Tower and a volcano. It's lit until midnight. According to what I can see in the proposal, it's supposed to be off from midnight to six. I do welcome before you make this decision on this 20-foot sign, which seems absolutely ridiculous to me, I welcome anyone on the town council to visit my home at night to see outside, possibly other people that live on Monterey, and Trevino would do the same so that you can actually see that. Maybe upgrade the existing signage at 12 feet, but 20 feet? It just seems absolutely ridiculous for this dark sky city in such a small town. It makes no sense whatsoever. So thank you very much and I appreciate you staying so late. CURTIS: So this developer has already come in and put up an overly bright Dollar Tree sign, which is on all night, even though the store isn't even located where the signage is TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 101 of 125 and it is not halo illuminated. They're also wanting to double the size of the existing signage along Shea, stating obstruction and that it cannot be seen. There is one tree -- I drive by there every day to and from work. There is one tree. It is large, it is spread out. It could be trimmed or taken out and the problem will be resolved. Should the change in signage be approved, what's to keep the rest of Fountain Hills businesses from demanding the same? The signage should adhere to that that was agreed upon and approved. And once again, I please ask that you just say no. Also, I want to quickly address that Sandor rep stated extra cars can park in the Target lot. However, there are signs there that state no overnight parking and it appears that the comments that have been spoken and written only represent less than two percent of the town's census. You need to hear from more of the residents before you let all of this happen. And backing up on what she was saying about the illumination, I don't even have to turn the light on to go to the bathroom in the middle of the night. Thank you. MENDENHALL: Next we have Betsy LaVoie and then on deck Lori Scherer. Are you still here, Lori? She's gone. Okay. Then on deck is Larry Meyers. LAVOIE: Good evening. I live near this area as well, and when I purchased my home, I knew I was purchasing near commercial. Therefore, I don't complain about living near commercial. The letter of support from the Fountain Hills Chamber of Commerce board of directors also advocates for and approves the zoning change essential for a comprehensive revitalization. The rezoning specifically pertains to the signage for the rest of the development plaza as the current zoning is not current. The approval of suitable signage is crucial element that commands attention. Guaranteeing the visibility and acknowledgment of the plaza is pivotal for its prosperity. I urge you to consider this factor for the overall success of the project. Thank you. MEYERS: Is it tomorrow? Anyway. Full disclosure. I purchased my house and actually built it when the property wasn't commercial. So I live with what became and it's okay. I don't think we need a 20-foot high sign. I did particularly tell these guys at planning and zoning that I liked their new sign design better than the existing sign design. The TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 102 of 125 back lit, it's more modern, looks better, less lumens. I probably won't see it as much from my house, but I see every speck of light down in that valley from my back windows, my entire back of my house. I see everything. I see the video board from the casino, which we can't do anything about. It actually presents an image on my bedroom wall at night because we don't have window coverings, so the dark sky seems to not be too dark depending on where you live. And so we've cut the size of the commercial down there. Down by what, a third? Because now we're going to have apartments. But we're increasing the signage by fourfold. So according to Farhad -- and Farhad's illustrations don't look like Jason's illustrations. So I'm hoping that his sign design is what we're going by. Because if I have a big red bull's eye, that's 20 feet in the air, I'm going to be really pissed. And I'm pissed off enough already because like I said, I built my house when it wasn't commercial. And so you know, usually I don't speak from my own specific viewpoint of what I see and what I like and what should be for me. But I am certain that there are probably 30/40 houses that are going to be impacted by the 20-foot high sign, and I'm sure they would all say the same thing. So while I want to, if we're going to have this project be partially commercial, I would like to see it succeed. I have my doubts. But I don't think four times the sign ordinance that we have is appropriate. And I would make one more comment on our sign ordinance. We had it. We didn't have it. We had it again. And in the meantime, what happened at the bottom of the hill that I'm talking about is now an electronic messaging board coming for the medical center right next to a giant monument sign. So we make ordinances and then we go like this. And I think that this is one where it actually is not in accordance with what we've felt for the town. Thank you. MENDENHALL: I think Joanne Lyles left. Okay. So then the last speaker is Ed Stizza. STIZZA: Long night. Mayor, council, Aaron, staff, Rachael, and Linda. So again. Let's try this again. So you're going to let them break the sign ordinance? Why? Do we really need this? No. I've been all over Chandler and Gilbert and everything else over the past couple of weeks on job sites. That's a whole different community. Okay. So let's take a strong look at what we're doing here. Right? That area is becoming lit. We have no TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 103 of 125 dark skies over there anymore. So are we going to continue to keep busting this up like that? It doesn't make any sense, you guys. So let them build the sign. Rebuild it. Yeah, the design's better. Of course it is. It's newer and it's going to look better and certainly with the illumination. But at the same token, 20 by 20 feet? Are you kidding me? Come on, come on. So at some point in time, you've got to listen to the residents. And regardless of this project, you know, going forward, I just -- everybody wants it to be successful, you know? But at the same token, we are giving up something here, and we are giving up what Fountain Hills was originally founded on. So you're giving up a part of it. And this you will also give up on. So I just don't think that it's that critical, that it's going to make that much difference. If you tell me it's going to make a 20 percent difference in sales and you're going to actually stand behind that, then maybe we can listen to something. But this part of it shouldn't be approved. And before I forget, it seems to go without any sort of conversation since we're talking about the P.A.D. and changing the zoning on this, what's going on with the building that has been sitting there empty in the front? Does anybody got a plan for that? Does anybody -- what are we doing with it? So the sign will cover that building up for a little bit. So that's cool, right? So a 20 by 20 foot sign. So what are we doing with that building? There wasn't even asked or talked about. So I'm just a little bit skeptical on all of it. And I wish everybody the best of luck. But you are changing Fountain Hills and I'm not so sure it's going to be for the better. So just take that into consideration, please. Thank you. MAYOR DICKEY: Thank you. So I think we have some questions. I'm going to close the hearing. And -- Councilwoman? MCMAHON: Thank you. Mayor. I'm having a -- I'll be honest with you. I'm really having a difficult time with this request. Especially given my position on signs in town. And you're also asking for two signs. I have a question. I don't know if it's going to be you or John or Farhad that's going to answer it, but stacked stone base, not to ask a stupid question, and a monument sign. Is that part of the sign -- part and parcel or is it not computed in this part of the lit up sign? Do you understand my question? Okay. TAVASSOLI: Mayor and Councilmember McMahon, the base is not computed as part of TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 104 of 125 the sign area. MCMAHON: So the sign area is in addition to the base? TAVASSOLI: Correct. MCMAHON: Okay. So it's going to be actually bigger than what they're requesting for the sign? TAVASSOLI: Correct. MCMAHON: It's not totality? MAYOR DICKEY: It's 20 feet, no? MCMAHON: Okay. Is the stone taking away the stone base. Is 20 feet the size of the sign, or is it the whole thing with the stone base? TAVASSOLI: 20 feet includes the stone base. MCMAHON: Okay. Thank you. All right. Thank you. The Sandor development person, I'm for moving it forward because I can understand where it's situated and it's hard to see, et cetera. But I'm concerned with all the residents' concerns here. In addition, I'm concerned with making a sign exception because down the street in the older shopping center where Wendy's is, et cetera, they have built in monument signs. I think that's what they're called, I'm not sure, and they're a lot smaller than this. My concern is that if we grant this, we're going to have to grant it for all other businesses because I would think that they would ask for it. But I understand why you're asking, and I understand, you have a big apartment building, now you have a smaller commercial center, et cetera. But I'm just not in favor of the 20-foot sign. I mean, I'm okay with two signs within the limitations but not with the large one and then a small one on top of it. Okay. I just wanted you to understand that. MORRIS: Thank you. Mayor, Councilmember McMahon, there are a few significant differences between some of the other sites that we're talking about, the one that you cited and others, in that we have the obligation. And if we're going to characterize this application, this is a small business application because the small businesses, the smaller tenants, the ones we're trying to lure back into this site are the ones that are relying upon this sign. Target less so but certainly they benefit from this. But it's the small TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 105 of 125 tenants and the small businesses that are set so far back from the roadway. And also now behind that 75-foot easement, as well as the foliage, that their stores -- to the member of the public who commented, just Google or MapQuest, whatever you're using to find these stores, you may find Target and they may show up on a map, on a digital map, but it's the smaller tenants who need that space. The 20 feet in height is significantly smaller than you would see in a major center of this size in another jurisdiction. But we also understand Fountain Hills isn't every jurisdiction. You do things on a more delicate basis, which is why we only asked for 20. 20 feet was actually smaller than we would typically have on a shopping center even after the rezoning. So as we looked at the options, one of the things that we did was lower the light source, because much of what we heard here today is, this is about light. I don't want to see any more light. You've seen the illustration. You will not see more light as a result of this. It's actually a better looking sign overall. And we mentioned that 20 feet of height we're at 12ft now. We mentioned the additional eight feet. We're talking about a significantly taller base too which is why you're at 20 feet. But signage in general, this essentially now 15-foot tall sign is also a function of speed. It's not just a function of the size of the shopping center, but the speed of the cars on any given roadway, because you have to accommodate that when you're creating signage. So right now, as you pointed out, it's a situation that doesn't work. It's almost a useless sign. You catch the Target portion. So moving it out does help, but the size actually allows us to advertise the smaller tenants, which frankly, are the tougher tenants to get because they need more of that signage. I understand your concerns, I really do, and I hope you're taking into account that we're trying to lower the lighting in order to make this a justification for the sign itself. MCMAHON: Thank you very much for addressing my questions and concerns. But don't you think that having two signs is going to help this shopping center and the smaller businesses in there be more noticed and more attractive without having a huge 20 -- to me, it's a huge -- 20-foot sign like that or -- MORRIS: Mayor and Councilmember, it is a tremendous help. But we're also focused TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 106 of 125 on the directional traffic. So if we're looking at eastbound versus westbound on Shea, only one sign is going to help us, depending upon the direction you're going in. So it does help if you're coming westbound to have that second sign. But having that primary signage for eastbound traffic becomes essential. MCMAHON: Okay. Thank you. But are you going to redo the signs no matter? Is that part of the development -- are you going to make new signs regardless of what size we approve here tonight, or are you only going to change the sign to be larger if we okay it to be larger? Does that make sense? MORRIS: Well, let me put it this way, Mayor, Councilmember. We won't make it larger unless we're allowed to. So I assume what you're saying is, are we going to rebuild the signs regardless? It doesn't make sense to rebuild the signs in their existing location, so that wouldn't happen unless this application was approved, we're able to move the signs themselves, and expand the size. We're certainly willing to work with the town to make sure it's what you want to see. But these tenants are so far buried, these smaller tenants, there is no way you will know that there is a hobby store or a craft store or a new restaurant, unless we can have a sign that above its base is 15 feet tall. MCMAHON: So if the larger size isn't approved, you're not going to move that the existing sign closer? But you're -- so that won't change? You're going to keep it there regardless, even if we say you can move it closer? And so I mean, I guess if you want more visibility, I'm wondering why you wouldn't do that, especially if you're adding another sign and you're dealing with signage anyway. MORRIS: And I think I better understand your question, which is if we're just given the -- I think the question is, if you're just given the ability to move the sign closer to the right of way and you're given the ability to do the second sign at the size requested, will you, will you develop that? I think we're going to be challenged. Obviously, any signage to your point, better signage is better signage. So we do appreciate that. The signage size for the smaller tenants is also a function of what Target will allow us to do and what we've agreed to do with Target. Target started out at a taller sign in keeping with their other signs. We, before we filed, negotiated a smaller sign with Target because we had TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 107 of 125 spoken with staff and we thought that this was a sign that was more in keeping with what would be approved. We are now obligated in some degree to create this signage, and we want to do that in keeping with what the town wants to see. So we're certainly willing to work with you to create something that works. But I can't emphasize enough, it's absolutely essential to these small businesses. MAYOR DICKEY: Councilman? FRIEDEL: Can I ask you a question? That base is going to be five feet tall? MORRIS: Yes. FRIEDEL: Why don't you cut the base down to three feet, give these residents a little something, and then you can probably get your sign. And also, you mentioned the speed. There's several stoplights along that road, so the speed is going to be controlled for you guys, I get that. And also, I don't know if John is -- that vegetation, is that on their property or is that on our right-of-way? Can that be thinned out to help your situation? MORRIS: Mayor, Councilman, thank you for the suggestion on the speeds, we do understand that. Our experience has been because of the higher volume of traffic, even with the stoplights, that does make a difference. If you can time your stoplights to keep them there 10, 15 minutes, they'll get a better look at the shopping center. So we can talk about that. But in lieu of that, the trees aren't on our property. They're not on land controlled by us. And I do understand your comment, and I will take it back to my client and see if there's some unity there. FRIEDEL: I think if you could lower that a couple of feet, we might have the residents on board with this and we wouldn't have an issue. You're looking at 20ft, if we lowered it to 17 or 18 feet, I think it might be something that we could probably get some people to buy into and might make it a little easier to get that done for you. MORRIS: Understood. Thank you, Councilman. SKILLICORN: Thank you, Madam Mayor. Actually, I have a question for Director Wesley. I can start talking while you walk. Come up. One of the comments was about like midnight to 6 a.m. The lights are supposed to be off on the signs. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 108 of 125 WESLEY: Yes. SKILLICORN: And was mentioned the Dollar Tree. I don't know if that's included in the ordinance or not. WESLEY: Get back to that. And I know I just read it in terms of the monument sign but let me see if it applies to all of them. The monument signs have that 12 to 6 limitation. I'm not seeing it for the wall mount signs. SKILLICORN: Okay. WESLEY: Just the monument signs. SKILLICORN: And maybe we'll look at that and see if it's there or not. Those comments about the signs, their comments about the light down there are very concerning to me. I almost wonder, though, if it's dimmer, we're going to see more of the casino sign, which is a little bit annoying. And I've actually always thought of monument signs as good economic development. But I am very concerned about the comments we had. I mean, the residents had real comments about the light and such. So that's concerning. I'm also concerned, according to notes that I've read, only three planning and zoning members supported this, so that's giving me trouble. But I kind of like monument signs, especially if they're not high resolution, LED with motion Las Vegas style. So it's kind of a tough situation. I don't know if planning and zoning could comment on this and explain why there was three and other concerns, that would be helpful. But this is a tough one for me because I like monument signs. I've always thought about putting another one in that location. I also believe that they can put an additional sign by right, at the second location. I think the B location. Is that correct? They can put one there by right? WESLEY: Mayor, Councilmember Skillicorn, in this case, no, because the approved P.U.D. prohibits that. And so that's why they're here requesting the change. SKILLICORN: Okay. Thank you very much. WESLEY: Excuse me. If you don't mind me, I'd like to add to that response just a little bit. So this is a case -- again, so the existing sign ordinance, like we talked about before, sets certain parameters. But the reason we have a P.A.D. ordinance is to allow site TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 109 of 125 specific adaptations of the zoning ordinance so that we can address specific locations and needs. So this is, again, a great reason why we use a P.A.D. to allow looking at what the needs are of a specific location. MAYOR DICKEY: I would also -- I don't want to put words or thoughts into them, but the idea if you want a sign like this, it would sort of quell the idea that if it looks like another big investment in keeping it commercial. So you know, some of the folks that were worried that everything was going to get raised or whatever. It shows that you want to -- I mean, that sign can't be nothing. I'm sure it costs quite a bit. And again, all of this represents investment of somebody that wants to be in Fountain Hills. So I understand, you know, I'm not the sign lover, but I've said to folks who -- that I don't like so many signs, that I've said in the past, monument signs are good and they're a good alternative. So it seems like a good option in a commercial area that large to me. Anybody else? let's see -- MCMAHON: I do. MAYOR DICKEY: Okay. Councilwoman? MCMAHON: John, could you elaborate a little bit more on what you just said about looking at the size of the P.A.D. or the shopping center and then being able to, for lack of a better word, adjust the sign to that size, even though we have a sign ordinance that says differently. Or is that a contradiction? Could you please explain that a little bit more for clarity purposes? Thank you. WESLEY: Mayor, Councilmember, between here and there, when I came back to add that response, I kind of forgot even half of what I was going to say then. So as I'm trying to think through all this -- so the current sign ordinance, as opposed to when this was developed, does now allow -- would allow the two monument signs by right; smaller size but would allow it. And so they're actually amending the P.U.D. that restricts them to something the code now allows to letting them do what the code allows by having two monument signs for this property. But again, just back again to the basic purpose of a P.A.D., it's not trying to go around the zoning ordinance. It is what the zoning ordinance establishes as the way to look at specific property in its specific needs, and TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 110 of 125 applying appropriate regulations so that it can be properly developed and used. In this case, as that applies to the signs, it may be allowing for larger signs, more signs, taller signs than what the ordinance typically would allow. MCMAHON: So I understand that they're allowed to have two monument signs. Okay. But the size of one of them is at issue right now. So I guess what I'm asking you, does that development P.A.D. plan allow for the larger size, even though the sign ordinance -- WESLEY: Yes. MCMAHON: -- has a specific set amount? WESLEY: Yes. Mayor, Councilmember, yes. Again, as part of the zoning ordinance, any provision in the zoning ordinance except uses, I guess even uses can be, I'm thinking of a variance. Anything in the zoning ordinance can be adjusted because a P.A.D. establishes basically its own mini-zoning ordinance for that property. MCMAHON: Okay. Thank you. ARNSON: I was -- I'm sorry. Brenda, do you want to -- Councilwoman, do you want to go first? KALIVIANAKIS: It's really up to you, Aaron. ARNSON: I might be able to add a point on something that that the developer's counsel said that might short circuit the discussion and maybe get us where we need to go. Is it correct; it sounds like part of fulfilling their obligations to Target, in whatever arrangement they've reached, are contingent upon approval of this request. Am I understanding that correctly? MORRIS: Mayor, council, yes. ARNSON: Yeah. So that's what that's what I ultimately wanted to get to. Is that -- not to put too fine a point on it, in order for them to fulfill their contractual obligations to Target, an affirmative vote is needed and requested. That's what I'm trying to get at here. MORRIS: And Mayor and council, thank you for bringing that. And what I should -- I want to put an even finer point on that, because it is part of this redevelopment plan, and it's part of why we were having Target -- I think we were having this conversation TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 111 of 125 very early on in the process about we have to make this more viable. And that was part of Target's rationale of being more viable, was being more visible. That being said, Mayor, Councilman Friedel had a suggestion, our obligation is signage, square footage of the signage. The base isn't signage, and we can lower that two feet, which would bring it down to 18 feet for the signage, which obviously is not something that we're anxious to do, but we understand the councilman's point. It shows some flexibility and still allows the signage. Now what I will -- and I want to reiterate this, our sign panel today because, Councilwoman, you raised that sign panel. It permits three other tenants on it. And those are some of the larger tenants because obviously they have the ability in our negotiations to demand those sign panels. But if you're a smaller tenant, you don't have signage on our existing sign today, which is why the new sign design, which if I heard correctly, is endorsed by Mr. Meyers. It allows those smaller panels and those smaller tenants. Which is why I opened this presentation with this is really about a small business argument. It does allow Target, but those small business panels are essential. KALIVIANAKIS: Yeah. Thank you, Ms. Mayor. Yeah. The first thing is to the residents that live in that area my heart goes out. And this is such a difficult decision because if you live there and like Mr. Meyers said, it's a disturbance to his home and there are other residents. And so I really understand that and I take that to heart when I lay in bed at night. That's the kind of things we got to do right by our citizens. On the other hand the point that our town attorney brought up is really an integral part of this package. It is a package deal. If vote one down, vote them both down. It's really -- that's what we're talking about here. As I made my decision, my difficult decision to vote yes, a big part of that was my pledge when I ran to support revitalization and smart growth. This project fits the criteria on which I ran. Unfortunately, we don't do this, that might lead to that area of town not revitalized, not growing and becoming -- I don't know if people know this, but a lot of the empty buildings in there are being stripped of copper because of the homelessness and the vagrancy down there. It's a terrible thing. You can read police reports if you don't believe me. Last week, I believe they had several incidents of breaking into buildings because there's nothing down there. It's TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 112 of 125 turning into a ghost town. And so we really need to think about this. And I guess the question I would have for you is in the process by which they go by to say, we need a larger sign. I know some of the people here said, I don't think you need it. Is the process, they just flipped a coin and said, oh, that would be nice. Or is there a process by which experts and people that are much smarter than us, marketing experts, say in order for this project to succeed, we need the larger signage. We need to promote the smaller businesses. If we're going to do what we said we're going to do, which is to fill that vacant complex with viable businesses, create a vibrant vibe in that town. I'm sure they don't just wing it. I'm sure there's experts that have looked at this and said, no, if we don't have this, we're going to hurt our whole operation. Could you explain that process? MORRIS: Mayor, Councilmember, I can. And I can tell you, first of all, the building design and the site plan layout you saw was designed by an architect and a site planner that works specifically on those two aspects of the building. Our sign package is from a sign expert, they only do signage. And it is more than the flip of a coin. These are sign package specialists that are approved by Target and other national retailers, because they trust the quality and the consistency of the signage. What I want to point out is the first question that is asked by a tenant who is interested in any of the spaces that are available, is what is my signage look like? And as it stands now, even though the code, as we just heard, your current ordinance would allow us a second sign, we don't have one, and on our existing sign we don't have room for the smaller tenants. So we worked backwards from the number -- the square footage and how that is demised, the size of the shopping center, and the frontage space and came up with the sign package that would be necessary to accommodate in terms of square footage, those tenants with a new sign. Our number actually brought us to a 24-foot height. We then worked with staff who suggested a smaller size, which meant limiting the panels. But at 20 feet we were -- and that's with the base, we were still able to accommodate the majority, but not all. Not every tenant would get their own sign, but more tenants would have that signage ability. And with the second sign, we can almost guarantee that there will be TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 113 of 125 some visibility for every tenant. So it is more than just guessing at what works. And we've actually squeezed ourselves. The only place left is the comment that was made earlier. We could possibly lower the base, but not change the signage itself. KALIVIANAKIS: Thank you. MAYOR DICKEY: Vice Mayor? GRZYBOWSKI: I think you made a really good point, that the larger sign gives an advantage of allowing placards for more commercial space. Obviously, adding the second sign adds more commercial space. That strip mall, you don't see it when you're driving. Sure, I can Google it before I leave the house and I see what is there. But you don't see it when you're there. And that was actually one of the things when we first moved into Arizona as a whole, was the color coding of many of the signs and some of the areas and how far down some of the strip malls were, how difficult it was to find places. I'm used to great big signs that tell you that Target is here or whoever. So I think you made a really good point by the larger sign and the second sign allowing some of those commercial spaces to have a placard, which is very important as a business owner to be able to get your name up on the -- up in lights, so to speak, on the signage. I was a little iffy on it, but I'm going to say I support this. And if council wants to ask them to cut the base down a couple of feet, I'll support that as well. But I do support the signage size as it is, because I think that is very important to the smaller businesses to be able to be accommodated in there to help it be visible. Thank you. MORRIS: And Mayor, Vice Mayor, to emphasize your point, I didn't leave my house today thinking I needed a Euro, but I saw signage as I was driving in Fountain Hills, and there's a Greek restaurant across the street from the shopping center, and I found myself eating there. So those signs do have that impact on your small businesses. MAYOR DICKEY: All right. I don't see any other -- MORRIS: Thank you. MAYOR DICKEY: -- signals. So anybody want to venture? Motion's on our new screen here. I can't see the page number. KALIVIANAKIS: Yeah, I'd like to make a motion to approve. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 114 of 125 MCMAHON: With any adjustments? MAYOR DICKEY: She doesn't have to. Someone can amend it if they want. KALIVIANAKIS: Yeah. I'd kind of like to go with the 20 feet because -- FRIEDEL: We're not reducing the sign, just the base. MAYOR DICKEY: Well, just make a motion. If you want to make a motion as is, someone can amend it. KALIVIANAKIS: Yeah. I'd like to just make a motion to approve as is. MAYOR DICKEY: Is there a second? GRZYBOWSKI: Second. MAYOR DICKEY: Okay. SKILLICORN: I'd like to make a motion to amend it to 18 feet tall with the shorter base, as Councilmember Friedel suggested. MAYOR DICKEY: Is there a second? I bet. So we vote on the amendment. A roll call, please on 18 feet. MENDENHALL: All right. Councilmember Kalivianakis? KALIVIANAKIS: No. MENDENHALL: Councilmember McMahon? MCMAHON: This is really a hard decision. But given everything that I've heard and we're going to reduce the base size, then I'm going to say aye. MENDENHALL: Councilmember Toth? TOTH: Just for the sake of consistency, I vote no. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Permission to explain a vote. I think 18 is better than 20. Yes. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Aye. Thank you. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 115 of 125 MENDENHALL: So 18 feet passes. MAYOR DICKEY: Yeah. Brenda had to go first. Sorry. But we understand what you're doing. Aaron? ARNSON: Yes. So now we vote on the main motion -- MAYOR DICKEY: As amended. MAYOR DICKEY: And we don't need to make any more motions because we have that. Okay. So we'll take a roll call of that. MENDENHALL: Okay. Councilmember Skillicorn? SKILLICORN: Permission to explain vote? I see someone walking out that was against it. I do apologize, I agree with your arguments, but I think signs are necessary. I'm sorry. UNIDENTIFIED SPEAKER: Not -- guess what? Come to my house when this -- SKILLICORN: I will. I will do that. I will go check it out. And if I'm wrong, we will do a motion to reconsider. But yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: No. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Okay. So decision time. These next two items are they, are they timely? They're timely aren't they? GOODWIN: Yes, they are. MAYOR DICKEY: Okay. GOODWIN: Mayor, they are timely. But I believe we can move through them pretty TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 116 of 125 rapidly. MAYOR DICKEY: Okay. GOODWIN: There's nothing new to really consider here. MAYOR DICKEY: Okay. WESLEY: Maybe I'll even do without my presentation because it doesn't want to seem to come up. You have the information. There it goes. And this is very brief. You have the information in your packet. This request for an extension of a special use permit for residential on Fountain Hills Boulevard and Glenbrook. Council approved this back in June for the ten units in three buildings. The ordinance requires that they apply for their building permit within six months, and then another six months to get the building permit approved. They have submitted a site plan. It was submitted -- which is first step prior to getting the building permit. It was submitted in October. We provided comments to the applicant back in November. In the report when I wrote the report, they had not yet resubmitted, but they did resubmit now the revised site plan, there's a copy there of what was recently submitted. Haven't had a chance to study it yet because it just came in. But at a quick look it appears they have addressed what the staff comments were previously, and I expect this site plan can be approved fairly quickly and they'll be able to move on then to the building permits fairly soon. MCMAHON: I have a question. Is this the ones across from McDonald's? No. WESLEY: No, this is the one up at Glenbrook and Fountain Hills Boulevard. MCMAHON: Okay. Thank you. GRZYBOWSKI: Okay, go ahead, Councilwoman Toth. [CLERKS NOTE] Mayor Ginny Dickey left the dais at 11:04 p.m. and returned at 11:06 p.m. TOTH: Thank you, Vice Mayor, I apologize. I did not realize the Mayor had left, so I was very thrown off by that. But I just like to make a motion to approve a six-month continuance of the SUP. KALIVIANAKIS: I'd like to second. GRZYBOWSKI: We can still make comments. I assume the mayor would say yes. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 117 of 125 FRIEDEL: John, how many times have we extended this? WESLEY: This will be the first one on this one. FRIEDEL: First one. Okay. And how many times are we allowed to? WESLEY: There's no specific limit in the code. FRIEDEL: There's no limit? Okay. Just wondering. Thank you. GRZYBOWSKI: Councilman Skillicorn. SKILLICORN: Thank you very much, Vice Mayor. Director Wesley refresh my memory, when did this get approved? Was it like last spring? WESLEY: It was on June 6th council meeting. SKILLICORN: The exact date. I love it. Thank you. GRZYBOWSKI: Are there any other comments before the mayor makes it back in case she has something she wants to say? No? ARNSON: Call for a vote, Vice Mayor. Oh, Mayor is back. Okay. MCMAHON: I think one of the issues I had was, do they have a community living space on this? Is the driveway access, okay? I mean, has any of that been changed, or is am I confusing it with a different development? WESLEY: Mayor, Councilmember, I think you are remembering the discussion when we came through with this request back in June. And so one of the problems or concerns at the time was this driveway and some issues with its width and how it worked, they resolved those issues, it appears. Again, I haven't studied it in detail, but it looks like they have. Another thing that we did bring up was that there really wasn't much of any communal space in this one. It's a small site, so there still really is not much on here. There's a little bit around the units. They are providing some opportunity for connectivity into a communal space in the commercial area. But there's very little on site. MCMAHON: Thank you. MAYOR DICKEY: We have a speaker card? MENDENHALL: Yes, mayor. We do. We have two. We have Ed Stizza and Matthew Corrigan on deck. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 118 of 125 STIZZA: I'll be quick. I know everybody wants to go home. So. What was I going to say? So as far as the -- so I thought we made a limitation. I know this is not falling in that, on SUPs. Didn't you propose that or that we were only going to allow that because you got another one coming up right after this, so might as well just ask it now to be quick. So I'm sorry, Mayor Dickey. I said I thought we put a limitation on SUPs. I could have sworn we did that, didn't we? MAYOR DICKEY: No, this is just extending -- STIZZA: No, no, I know what it is. I just thought that there was only so many extensions allowed. No. [CLERKS NOTE] Vice Mayor Sharron Grzybowski left the dais at 11:07 p.m. and returned at 11:09 p.m. WESLEY: So if I may, Mayor, just real quick to answer that. So what we did do when we revised the section of the code, it used to require you to get your building permit within six months, because we were reviewing a lot of these, they weren't quite able to make it that fast. We moved it out. So you only had to apply for your building permit within six months to give more time to get the site plan approved, and that's the change we made. But we still there's no limit on the number of times they can request an SUP extension. STIZZA: Okay. So that answers the question. Hopefully before you vote, John gives you the overall look at everything and before you grant it. But he's going to do that anyway. So that's it. Thank you. MAYOR DICKEY: Councilwoman has a question. Oh. I'm sorry. Go ahead. CORRIGAN: Madam Mayor and Councilmembers. Matthew Corrigan, homeowner, full- time resident of Fountain Hills. Just a little background. My whole career has been building and construction related. I worked for two major fortune 500 companies, construction related and growth related. Owned my own business, construction related, growth related. And so you might say my entire livelihood throughout my career has been based on construction, new construction. With that said, a couple of things. Although the town council did last June approve the Glenwood project through a variance, the new special use permit request goes beyond that and expands beyond TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 119 of 125 that variance. The plan was originally a fourplex, triplex, and duplex, and now that's changed to a -- basically a -- instead of nine units it's now ten. So the fourplex has gone to a five plex, which really narrows the entire existing land. I think it's a third of an acre. So now we're getting into what I'm concerned about, that's density housing again. You've made your decision on a couple of projects here tonight that are very high density. But I would remind you that spot zoning can many times create a problem, a greater problem in the long run beyond the original intent of what you did last June. What I'm saying here is special use permits can be abused, and this plan seems to extend far beyond the original intent and is now creating more dense footprint, which I believe is inconsistent with the Fountain Hills plan in general. And I'm talking about the general plan. So I think the quality of life in all neighborhoods should be based on, in my opinion, the existing residential or commercial development. This obviously is kind of residential development in a commercial area. But I -- in short, I support the original plan, the fourplex, the triplex, and the duplex. But I am concerned, and without more information, I would oppose going to a five plex, a three plex, and a duplex. And thank you for your time. MCMAHON: Question? MAYOR DICKEY: Yes. MCMAHON: John, on the original item report, it says at the end there are several issues that will need to be resolved in the concept plan, and it is likely at least one unit will need to be removed to provide for required parking and an amenity area. So instead of a unit being removed, it's being added. So is there adequate parking or is that a concern? WESLEY: Mayor, Councilmember, so it was approved in June for ten - MCMAHON: I know. WESLEY: -- units and they've got that. They have resolved the driveway issue and parking issue, I believe. Again, I haven't gotten to study this in detail, but it looks like they have. The one thing that could still be considered not quite up to what we were looking for would be an amenity area. The only amenity area they have are up at the TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 120 of 125 corner. The connection to the commercial space and right around the mailbox area. So they're small, but there are some there. MAYOR DICKEY: Any other questions from council? GRZYBOWSKI: I just have a quick comment. I've had a number of developers tell me that six months really isn't a good amount of time for a lot of these projects. So I don't want to always hold that against them. And first of all, we did already approve it as ten units, so I don't think we can reconsider that, especially if they're meeting their other considerations. It does say that -- I failed to make a note on it, but that they have turned in the site plan -- just late based off of the way timing was for things to be turned around. And again, I have heard from a number of people that six months just really isn't enough time. So I don't have a problem with this particular extension at all. MAYOR DICKEY: Thank you. Can I get a motion? What? You did it already. ARNSON: We already have a motion. MAYOR DICKEY: Oh, there you go. Roll call, please? MENDENHALL: Oh, I just want to make a note. There is a comment card that's in favor of this project in your packet. Councilmember McMahon? MCMAHON: Nay. MENDENHALL: Nay? Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 121 of 125 MENDENHALL: Passes, five to two. MAYOR DICKEY: Thank you. And our last regular agenda item is similar. TAVASSOLI: Mayor, Councilmembers, as you indicated, this is similar to the previous SUP extension request. This is in regards to a proposed 17-unit townhome style development that was proposed and ultimately approved through an SUP for the area just north of the intersection of Shea and Saguaro on the east side. And this is, Councilmember McMahon, the one across from the McDonald's that you were referring to earlier. So the SUP again, was for 17 residential units, as I mentioned, two stories tall, consisting of six buildings on the 1.62 acre parcel. I've provided a timeline here. In the interest of time, I won't go through it word for word, but I'll leave it right up here. But this is the third extension request from the applicant. I should, however, mention that the applicant's site plan was approved within the six-month time limit that they were allowed, so that occurred before June 7th. And as the applicant indicated in their letter requesting this extension, they have been awaiting some critical documentation in the form of drawings from the EPCOR water company. That is largely as they've indicated why this has been going at the pace it has been. I'm told that they should be getting -- they will be receiving those documents soon, if not they've already received it. And we should expect their second submittal for the building plans within the next couple of weeks. And with that, I'll conclude. MAYOR DICKEY: Thank you. Do we have any speaker cards? MENDENHALL: We have one. Ed Stizza. STIZZA: I'm okay. MENDENHALL: You're okay? MAYOR DICKEY: Any council discussion or questions? Councilwoman? GRZYBOWSKI: I just wanted to -- I just wanted to just reiterate that the market demands have impacted the availability of engineers to perform the traffic study needed to proceed. That's verbiage taken directly from the staff summary report. So it sounds as though it's really no fault of the applicant to me. Is that correct? TAVASSOLI: Mayor, council or Vice Mayor, that's what they've indicated in the letter is TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 122 of 125 that it's really something that they've been awaiting EPCOR's -- basically, the ball's been in EPCOR's court to provide them the critical documentation they need to continue. GRZYBOWSKI: Okay. Thank you. I'm caring for everybody's time. I'm ready to make a motion as approved, if nobody else has anything else going on. TOTH: Second. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Yeah. Just one quick question. This letter was dated November 29th. Do they have the approval from EPCOR? Am I sleeping here? Have they got everything straightened out? TAVASSOLI: If Mayor, you would allow, I believe the applicant can address that. CARR: Council members, my name is Kurt Carr. I'm the applicant. We have been waiting three and a half months. Well, a little background. Six months is not enough time to get building a permit. And not to take a whole bunch of time, but let's say you can get your site plan approved in six months, which is really tough. You've got another six months to get a building permit approved. At the point that you get your site plan approved, you have just some basic drawings of a plat layout with where your roads and parking spots are going to be. You know, at that point, you then have to design your plans. You have to go through all the engineering for your site, for water and power. And like in the case of this, the water has to come across Saguaro Boulevard. And three -- almost three and a half months ago, we were told that we had to get -- and I don't remember the exact name of what -- an ATC and its approval to construct. You have to get that from Pierce County or -- sorry, I was thinking of Washington. Maricopa County, and we were not aware of that. And so as soon as we were told that we contacted EPCOR Water three and a half months ago and. We've been told -- I specifically have been told three times now in the last six weeks that they were going to look at it by Friday. They still haven't looked at it. Our time has run out and you know we're frustrated. KALIVIANAKIS: Yeah, that sounds frustrating. CARR: It is. We spent a lot of money and you know it -- really a year, you -- a year TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 123 of 125 would be a challenge to go from a site plan to full plans, full engineering, all the stuff you have to go through without having to continue to waste everybody's time. KALIVIANAKIS: Okay. CARR: -- and the stress and all -- KALIVIANAKIS: Yeah, that's all I have for you. I'm sorry that they're giving you so much hard time, but yeah, I'd give this request for sure. CARR: Thank you. MCMAHON: Thank you. I appreciate the development, but given where it's situated, I still have really big traffic concerns, especially across from the hospital, McDonald's, et cetera. So thank you. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. You know, I do remember this one. And when I look at the site and it's a very odd-shaped parcel, I don't think it's overly dense, but I do remember residents being concerned about traffic. So at the time, you know, I was a no, I have to stay a no. But it sounds like there's majority support for this, so I'll actually make a motion to approve this. Not for six months, but for twelve months. Extension. Can we do that? MAYOR DICKEY: Can we do that? Okay. ARNSON: So an amendment to the main motion. SKILLICORN: Oh, was it motioned? ARNSON: Yeah. We had a -- we had a motion and a second. So you're just proposing an amendment. SKILLICORN: Then don't worry about it. ARNSON: Okay. SKILLICORN: Unless someone wants to make that motion. Six months is short in development. ARNSON: Yeah. I don't care. If someone wants to just -- if someone wants to accept Councilmember Skillicorn's friendly amendment, that's fine. Doesn't matter to me. TOTH: I'll go ahead and second that, considering the applicant's statement. TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 124 of 125 MAYOR DICKEY: So who made the main motion? GRZYBOWSKI: I did, okay. MAYOR DICKEY: Are you okay with that change? MCMAHON: What's the change? MAYOR DICKEY: She's changing it to 12, extending it for 12 months. GRZYBOWSKI: So my original motion was 6 months, and if my second person, whatever you're called, is okay with changing it to 12 months, then I will change my motion to 12 months. MAYOR DICKEY: All right. GRZYBOWSKI: And my second person still says okay. MAYOR DICKEY: Okay. So we have a motion to extend for 12 months. Can we get a roll call, please? MENDENHALL: Yes. Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? MCMAHON: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: The friendliest no you ever had, right? MENDENHALL: Yeah. Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Nay, to the (indiscernible). MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. MENDENHALL: It passes. MAYOR DICKEY: Okay. Council discussion, direction? I don't think there's anything. Future agenda items. No, please. Councilwoman? TOWN OF FOUNTAIN HILLS JANUARY 17, 2024 TOWN COUNCIL MEETING MINUTES Page 125 of 125 KALIVIANAKIS: I'm sorry. Speaking about beating a dead horse. I'd like to put on the future agenda item the extension of the moratorium on 5G and broadband for another six months. And I think I need to -- TOTH: I'll second that. KALIVIANAKIS: Okay. And I think I need a third. FRIEDEL: Third. If you need it. And I have a question for research. I don't remember us giving away our rights to have three council members add something to an agenda, even though we did change it to be at the end of the council meetings. Can we research that and see if we gave away our right to do it either way? MAYOR DICKEY: Yes we did. ARNSON: I think you amended the policy to say that you're going to do it in a public meeting. FRIEDEL: Okay. ARNSON: Yeah, that's what the amended policy says. FRIEDEL: All right. So that is in fact true? ARNSON: Yeah. And I'll confirm it with you. But I'm like virtually certain that's what the policy is, yeah. FRIEDEL: Thank you. MAYOR DICKEY: Anything else from anybody? Thanks, everyone, for hanging in there. And we're adjourned. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on January 17, 2024, at 11:24 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 17th day of January 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 19th Day of March 2024. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 6, 2024 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 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-six members of the public were present. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 1 of 98 Post-Production File Town of Fountain Hills Town Council Meeting Minutes February 6, 2024 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 FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 2 of 98 MAYOR DICKEY: Good evening everyone. Welcome. Thank you for coming. Please stand for the pledge. And if you'd like, 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. We have Pastor Clayton Wilfer from Joy Christian Community Church. Hi. WILFER: Hi. Good evening. Heavenly Father, we thank you for the blessings you have given us, for the rain that we are receiving. We thank you for this town and for the council leaders of this town. We pray that that that as they discuss what is best for this town and make decisions that you guide them in your wisdom. We pray that as difficult topics and conversations are held, they are guided by your grace, compassion, and peace. Guide them in all that they say and do. In Jesus' name, Amen. ALL: Amen. MAYOR DICKEY: A roll call, please. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Present. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Present. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. MENDENHALL: I think I missed Vice Mayor Grzybowski, right? Did I say you? TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 3 of 98 GRZYBOWSKI: You didn't. But thank you. I'm still 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 of 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, Linda. We'll start, as always, with our activities. And we're going to start with our town manager, Rachael Goodwin. GOODWIN: Thank you, mayor and council. As it was mentioned, we are having some rain. And we expect more. It is predicted through the National Weather Service, they're calling for an inch, up to an inch and a half, to up to two inches, potentially, in higher elevation areas. Which is a lot of rain for us. So I just wanted to offer a few reminders to our residents as you're heading around town to avoid flooded areas. Don't drive through standing water. Follow any barricades or closures that might be out there. We have a reminder from the National Forest Service that they are also going to be monitoring and potentially closing recreation sites, including the Tonto National Forest and Four Peaks area. Locally, we're asking folks to remember and be mindful to stay off trails, potentially specifically the Overlook Trail, as well as our trails that are accessed through the Adero Canyon trailhead. Again, they're slippery. It can be unsafe. So we want to make sure that we observe the conditions that are out there. We'll have a number of closures in our parks, including our dog park. And a number of events are likely impacted, including this weekend's touch a truck. Lastly, our Fountain Hills Fire Department wanted to remind residents that there are sandbags available at Station 1. And all staff, including public safety, will be on standby TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 4 of 98 all week during the event. MAYOR DICKEY: Thank you. GOODWIN: Thank you. MAYOR DICKEY: Councilwoman? TOTH: Thank you, Madam Mayor. We had a few very exciting events in town the last couple of weeks. We had our Fountain Hills gun show over last weekend. The Chamber had a wine walk. I was unable to attend the wine walk, but I heard that it was very, very fun. And I also wanted to share that the reason I wasn't able to attend the wine walk was I was at a Restoring National Confidence Summit. Don't worry, I'm not going to get political. But I left this event in Las Vegas, Nevada with so much optimism and just my heart very full because I met plenty of people that were so passionate about their community, about their county, about their state. And I wanted to take this moment because we did lose someone who was very unapologetically patriotic this morning, Mr. Toby Keith. I looked up to him since I was a very little girl, and because that's someone that we lost today and because of that event, I just wanted to take that moment to encourage everyone here; if you're here, that means you're interested in council. That means you're interested in politics. Find something that you're passionate about, get involved, find your people. It really does make everything a lot more positive when you're with a group of people that are passionate about the same things you are. So if you're not sure where to get involved, I'm sure anyone up on the dais is more than happy to help. But that's all I have to say. MAYOR DICKEY: Vice Mayor? GRZYBOWSKI: A lot of stuff going on in the past couple of weeks, so I'll try to be brief. The Arizona League of Cities and Towns calls have started again every Monday morning, and those are always very interesting to hear what's going on at the state legislature. I attended the Phoenix East Valley Critical Infrastructure and Transportation meeting, and just last week we had a greater Phoenix Economic council ambassador event where it was entitled Addressing Housing Supply in the region. It was an excellent presentation with a panel that included Elliot Pollack, who is one of my favorite people in the state. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 5 of 98 He was talking about housing prices and how they've increased dramatically over the years, and how our income levels have not kept up with the housing increases. Mr. Pollack reminded us that housing density is a tough pill to swallow, but one that we need to swallow because we're in a different world now, because the housing prices have increased quicker and more drastically than the income levels have. Another great takeaway was one of the mayors on the panel actually said, our workers deserve to live in a city where they work. Thank you. FRIEDEL: Thank you, Mayor. Several things. I did attend Captain Todd's 40 years. He retired in service here at our Fountain Hills Fire Department. So congratulations to him once again. And we had a couple of anniversary ribbon cuttings. The Fountain Hills Women's Club was 50 years old. The Times Newspaper was 50 years old. We attended the State of the Town given by the mayor. And this month is teen dating domestic violence month. So there'll be more about that in a little bit because we're going to read a proclamation for that. And then we also had our Pony Express ride into town recently too. So that was kind of exciting. It was the first time in 60 years that they had a female rider with them. Now, she didn't ride into Fountain Hills, but she was with them part of the way. And then, Mayor, if you'll indulge me, I have a couple of comments I want to make relative to the last council meeting here. There were comments made on this dais that were anything but about bringing this town together. One of our councilmembers inferred that residents are rich, white A-holes. That's simply not acceptable on this dais. And I caution people that this is not the place for that kind of rhetoric here on the dais. It's insulting to all of our organizations in this town. We have a lot of volunteers in this town that are considered, I guess, RWA, and it's not bringing the town together. So I wanted to take a second and say that such comments by sitting councilmembers really don't do a lot to bring this town together. So that's all I have on it. Thank you. GRZYBOWSKI: Actually, briefly, I would like to remind people that I did not call people RWAs. Rather, I reminded you that that is what your definition of those people are, that's how they refer to us. They refer to us as RWAs. And I didn't use the A-word TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 6 of 98 either. All I said was check Urban Dictionary. Thank you. MCMAHON: Oh, boy. Good evening everybody. Thank you for attending the council meeting. I recently attended a Valley Metro Board meeting, and also we had a grand opening of the Light Rail Northwest Extension station, and it is amazing. It's brand new. It's the first station that's above ground by four stories. It goes across the 10 freeway, and at night it lights up and we're going to be able to change those lights to whenever there's a sports team of ours playing, et cetera, to show up. And the local artists that have decorated that rail station, they are phenomenal. So if you're ever out at the metro area off the 10, please take a ride on the rail, it's really worth it. Also I did attend the retirement party for Todd's retirement after 40 years of service. It was really nice to honor him and to see his colleagues honor him as well. I've also attended a couple of amazing in-home concerts, which are really fabulous, and I attended the mayor's State of the Town. And I want to thank her because I think, excuse me, that that was her best State of the Town ever. And also I have attended the fire buffer zone committee that has just started up again. And in addition, I'm on the dementia friendly town committee. We are planning a half a day seminar on April 27th. That is going to be really, really great. We're going to educate on the dementia friendly. We're going to have a lot of vendors, and it is going to be really a great seminar. So please mark your calendars and there will be more information about that forthcoming. So thank you. MAYOR DICKEY: Ma'am? KALIVIANAKIS: Thank you, Ms. Mayor. Good evening, everybody, and thank you for coming. Fountain Hills is so blessed to have this kind of engagement with its citizenry and its town council meetings. There's so many town councils that have very few people, and I think good governance is the result of people caring about their governments and holding people accountable. And so thank you everybody for coming. And Cox Channel 11, for livestreaming YouTube, a lot of hits on YouTube and of course a full room tonight. I attended also -- it's been like three weeks since we had a council meeting, three legislative updates. And those are on Monday mornings on Zoom. For TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 7 of 98 people that are interested in sober living and detox issues SB -- they discuss SB 1361, represents a crucial initiative to enhance the regulation and oversight of sober living homes to directly address vital concerns relating to public health, safety, and welfare. And so that's on the state level, and we're going to get some help from the state and hopefully that'll be passed. If you do appreciate stricter and fair sober living laws, I recommend you contact your state legislature. I also attended the Cornerstone Church 50th celebration. It was a wonderful thing to have somebody in town for 50 years. It was incredible. As the Fountain Hills Times describe it, the service included special music, video presentations, food, and fellowship. We had all those and it was a beautiful thing. I also went to the Republic Services recycling facility open house on Gilbert Road and the Beeline Highway. Years ago, we lost the international contracts to dispose of recycled goods, and so they didn't know what to do with them. So companies like Republic Services spent a lot of money to figure out how we can recycle those bottles and cans and everything you throw away into usable products. It's very environmentally friendly. And thank you for Republic Services for what you're doing. I also went to three ribbon cuttings as well: the Fountain Hills Women's Club, the Fountain Hills Independent Times, and the DeGeorge Partners Realty Group. Those are always fun. Thanking the Chamber for that. I was also a judge in the Mars Hill Speech and Debate Tournament. Students debated in styles like teen policy, the Lincoln-Douglas style debate, and parliamentary debates. The students' skills were exceptional. They were dressed sharp and reminded me that this country is in good hands with our youth. Also town staff and the mayor, we met with ADOG to try to improve our dog park and our parks, to be dog friendly and people friendly because as we all know, we love our -- dogs are man's best friend and so we want to make our parks very dog friendly. And also on that note, we met with some community leaders on revitalizing the community center kitchen to make that a more full service. Gerry was a big part of that to make that more of a full-service kitchen so we could use that and enhance the value of our community center. I also attended the United States Coast Guard Auxiliary change of watch. I was one of TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 8 of 98 the speakers of that watch. And Fountain Hills' resident Jack Pauley was named the Division 10 commander, which is quite an honor. And I congratulate Jack as a Fountain Hills citizen for being elected to commander. Just like Gerry and many of us, I went to the post office and had the postal service delivered by horseback, the mail, that was really fun. And then lastly is I did go to the State of the Town. I won't describe it right now, I won't steal the mayor's thunder, but it was it was a truly an emotional and inspirational speech and I thank her for that. Thank you. SKILLICORN: Thank you, Madam Mayor. Good evening everyone. I also did quite a few events. I don't want to duplicate too much, but some of my favorites in the last couple of weeks was that Pony Express. It was like half the town was there, and the horses were so friendly and the people were so friendly. It was great to be part of that. And also, that gun show this last weekend was a fabulous opportunity for the town. And it was just absolutely packed, especially Saturday. I mean, there were so many people there that the lines were long and it was like kind of hard to even shop because it was so popular. And I also want to point out that I found my Ephesians 6: 11 through 12 pin this morning. And so I want to quickly read that, "Put on a full honor of God so that you can take your stand against the devil's schemes, for our struggle is not against flesh and blood." Thank you very much. MAYOR DICKEY: Thank you. All these things I went to too. So it was a three weeks and -- but I will mention Todd Brunin and his 40 years and congratulation to him and his family for being a captain. Rural Metro keeping our community safe for all those years. The recycling center was great and ADOG. And one thing I did that is a little different was the Canadian Arizona Business Council. I'm part of like this little subgroup and we used to call it medical tourism. And that was something that we talked about with Fountain Hills. But some of the folks that are more entrenched in it are reassessing that term. So it doesn't adequately describe what it is, but a lot of folks from Canada and other places coming here for medical treatment. So the tourism moniker wasn't working as well, so more to come on that. Did a Dark Sky interview with Vicky Derksen. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 9 of 98 It was like a blog thing. Congressman Gallego came and spoke to a few mayors and asked us about infrastructure and water and other needs that we might have. I'll just say about the State of the Town I want to thank Bo, especially everybody that put it together. It was a wonderful morning, the food fills and everything, so. And it's available online. The League executive committee, which I'm honored to serve on, had AG Mays come and she spoke about what you were mentioning, the sober living home in light of the access fraud, which I think they're really starting to describe that as one of the biggest scandals in the state's history. So there's a lot of help, I think, that will be coming in. And our last item is about legislative stuff. So I think that may be one of those bills we might want to unite and put a stand in. I think it may have already been heard. And you know, if you go to that request to speak thing, you it has to be in a committee. So you have to find it at the right moment. So I think we probably end up having to do a letter or something like that. But we'll talk about that. Regional council, I usually just mention that I go, but there was some news. MAG region, every year they get an allocation from Federal Highway. And it's a funding formula where it comes through Prop 400. And also there's like a regional competition. And Fountain Hills had put in for some sidewalk infill dollars, which we didn't get on the first run. But then they have this thing called close outs, which is at the end of the year. So we actually got the $65,000 to help with more of our sidewalk infill, which, you know, we already got a $2 million grant for that. And the town match for the 65,000 is 3,700. So it's really quite good for us. The regional 911 system is going to be transitioning from the City of Phoenix to a state contract with ADOA, so I'll be asking our captain and our chief if there's any ramifications for us, because from the description, I couldn't really tell if it affects us locally. And last, and this will be the transition here, we had a report from our regional domestic violence, the chair of Gerry's council there. And I let them know that we were going to be presenting this proclamation here tonight. So I'm going to flip the proclamations and hand it over to Gerry so he can do that. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 10 of 98 FRIEDEL: Thank you, mayor. And also on the town's website -- and I think Bo Larsen has also put it out on social media as well for the town, some links and information about teen dating violence, which is -- since COVID has really been on the rise. So this Teen Dating Violence Prevention Awareness Month, which is the month of February, I'm going to read this proclamation, and then I will present it at our next meeting in April. Whereas in accordance, according to the centers for Disease Control and Prevention, teen dating violence is a serious public health problem that is common among adolescents and young adults ages 10 to 24 and is most prevalent type of youth and violence. And whereas approximately ten percent of adolescents across the United States report being the victim of physical dating violence annually, and whereas, high school students who witness, experience, and perpetrate physical violence in a dating relationship are more likely to use drugs and alcohol, are at a greater risk of suicide, and are much more likely to carry patterns of abuse into future relationships. And whereas only nine percent of teen victims report seeking help after their victimization experience, and whereas by educating young people about red flags and root causes of violence, building skills for healthy relationships and changing attitudes that support violence, we recognize that teen dating violence can be prevented. And whereas nearly half of teens who experience dating violence report that incidents of abuse took place in a school building or on school grounds, and whereas it is essential to raise community awareness and provide training for trusted adults in the lives of adolescents so that they may recognize the signs of dating violence and serve as allies for prevention. And whereas, the recognition of Teen Dating Violence Awareness Month in February will benefit young people, their families, schools, and communities regardless of socioeconomic status, gender, sexual orientation, ethnicity. And whereas, everyone has the right to a safe and healthy relationship and to be free from abuse. Now it is therefore resolved that the members of this Town of Fountain Hills council express our support of February as Teen Dating Violence Awareness Month, proclaimed this day, February 6th, 2024. So there's a lot of information and links out on the town's website. And again, Bo has TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 11 of 98 taken care of that. So if you know of anybody that's been through this, there's information out there that they can reach out and get some help with that. So we appreciate the town taking the stance on this and the proclamation. Mayor, thank you. MAYOR DICKEY: Thank you very much. Thank you for your role in that MAG Regional council and for doing that. We appreciate it. Next we have another proclamation. This is the recognition of February as Black History Month. I'm going to be presenting this to a couple that are here in Fountain Hills. And I'm going to tell you a little bit about them. Judith and George Goodman are accepting on behalf of the town. The Goodmans share their time here in Fountain Hills and in Mackinac Island in Michigan. Judith Mansfield Goodman, an Eastern Michigan University grad, is a former assistant dean of admissions and student services at the University of Michigan Business School. George served four years in the military, returned to Ypsilanti, where he was first elected to city council and served as their mayor for ten years. Also a graduate of Eastern Michigan University, he served as a U.S. army officer in Germany for five years. He was director of the University of Michigan Opportunity Program and the Michigan Municipal League, like our Arizona League. He and Judith have been married for 61 years, and they have two sons. And one of their sons, I think is Mark, has a master's degree from Tufts and is on the board of trustees and Tufts University, Massachusetts, which is my alma mater. So for those, it's a small world connections and many others. I'm happy to present this proclamation to the Goodmans. If you'll meet me down there, I'll read it and then we'll get a picture. Over here. If you guys want to hold it and then we'll display it here in town. There we go. Whereas Black History Month is an annual opportunity to recognize the central role of African Americans in the history of our state and nation. Whereas Black History Month was officially established in 1976 by President Gerald Ford, who called on the public to, quote, "seize the opportunity to honor the too often neglected accomplishments of black Americans in every area of endeavor throughout our history", and has since been recognized by every U.S. president, governors, and other officials TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 12 of 98 across the country and in the State of Arizona. Whereas during Black History Month, we celebrate the many achievements and contributions of African Americans to our economic, cultural, spiritual, social, and political development. And this year, we celebrate African Americans and the arts, which invites us to delve into the rich tapestry of black artistic expression across music, visual arts, literature, fashion, and more, spanning generations and shaping the very fabric of our nation's identity. And whereas African American artists have enriched our lives with their groundbreaking contributions in diverse fields, from the soulful melodies of jazz and blues to the vibrant strokes of Harlem renaissance paintings, the powerful narratives of black literature, and the innovative spirit of contemporary dance and fashion. So now, therefore, I, Mayor Ginny Dickey of the Town of Fountain Hills, do hereby recognize and proclaim February 2024 as Black History Month, African Americans and the Arts, and urge all to join in celebrating the contributions of African Americans to our community, our state, and our nation. So thank you very much. And you're going to have to say something, but we'll clap first. G. GOODMAN: I was going to try to get my wife to say something, but as usual, she says, no, you say it, you say it. Thank you. I'll try to stick with the three minute time. Thank you. First let me say this reinforces our views about Fountain Hills. We have been living in your community. I say your community because officially, Mackinac Island, Michigan is still our community. But now we feel like this is our community also. We've been through a lot in our lives together. We've watched the world change. We've watched communities change. And the thing that seems to me is of importance is that we're all human beings. And when you get right down to it, we have the same feelings about things. We get frustrated when the City council doesn't do what we think they should do. We get frustrated when the state doesn't do what they're supposed to do. We get frustrated when the feds don't do what they're supposed to do. And rather than complaining about it, we have to get involved. I can remember going to council meetings. We'd come into a meeting, and if five people showed up, the council would start looking at one another because they would say oh, oh, there's something going on. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 13 of 98 And in most instances, that was the case. I am absolutely delighted -- and I echo one of the comments that a councilmember made here, the fact that the community here in Fountain Hills comes to council meetings. You are paying attention. You're keeping an eye on what's going on in this community. We are delighted. Thank you very much, Mayor. We're just thrilled to be here. We're what you call those snowbird people that irritate you. We show up in October, and when the temperature gets above a certain degree. So thanks again. Thanks for having us come this evening. MAYOR DICKEY: Thank you. And we're not done with good stuff. Next we have a presentation. It's our introduction of our student interns, which I think is a new thing for us, isn't it, Rachael? GOODWIN: It is. Thank you. Mayor. I'm going to ask Bo to come on up. Bo is going to be doing an introduction of the numerous interns we have working in town hall this year. They've been learning a lot and I imagine you're going to highlight all the details. So thanks, Bo. LARSEN: Mayor and council, thank you very much. I am here to talk about our student intern program, and we have four wonderful ones this year that are gaining valuable real-life experiences in working with us. Brief opportunity to recognize these students and the wonderful job they are doing. Though I didn't see them here today, they were invited. We have two students from Arizona State University. Alicia Cox (ph.) is a parks and recreation intern. She is majoring in tourism development and management at ASU, and her focus here has been event planning and marketing. Bradley McNish (ph.) is a planning intern assisting planning staff with both current planning and long-range planning activities. Specifically, he is providing support to the downtown plan project by doing research and data analysis. And he said he was going to be here, but he didn't make it. But Bradley is in the School of Sustainability at Arizona State University. But we're also fortunate to have two high school students interning with us this semester. The students are part of the Senior Internship Program, developed in collaboration between the Fountain Hills Chamber of Commerce and the Fountain Hills Unified School District. And we do have a couple of members. Betsy and Kristen are here from the TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 14 of 98 Chamber of Commerce. The goal of the program is to help develop and prepare students for their future, allowing them to gain valuable real world experience with local businesses who are deeply invested in the community. A grant through the Verne C. Johnson Foundation helped make this possible. Beginning this year, all Fountain Hills High School seniors had to complete one of four options to fulfill their graduation requirements. The options were an unpaid internship, EVIT, alternative research project, or a job, or employment. Through the unpaid internship track, the student had to gain 40 hours of documented internship, as well as provide a presentation at the end of the year. Our two high school interns are Ben West (ph.), who is the IT intern, and Christopher Towne (ph.), who is intern with me at community relations department. And he's already been published in the Fountain Hills Times, a couple of articles. And he's also going to see several Fountain Hills insider articles that he's been doing, and he's been doing a great job. But all of our interns have been highly engaged with their departments and assignments, and each have gained valuable work experience for their chosen career paths. And thank you. And if you have any questions, I'll be glad to answer them for you or the Chamber of Commerce will. MAYOR DICKEY: Any questions or comments from anybody? Hannah? No. Oh, sorry, I thought I saw the light. All right. Well, thank you, Bo. And I'm glad that we were able to participate. I know sometimes you get too busy. You can't take the time to get the help. And we were able to fit that in. And I'm just really appreciate that. Thank you. LARSEN: It's been fun. Thank you. MAYOR DICKEY: I bet. Our next item is our call to the public. We have speaker cards, and Linda, I'll let you -- I see you kind of have a few in there. MENDENHALL: Yes. Okay. So I had one person comment that they wanted to comment in writing. Her name is Sally Lloyd (ph.). So I'm going to pass this so you can read this. And then we have 12 comment cards, people who want to request to speak in person. And we're going to do this again. I'll call the next two people; one will be on deck. So first we have Liz Gildersleeve and on deck Crystal Cavanaugh. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 15 of 98 GILDERSLEEVE: Good evening. Liz Gildersleeve. Fountain Hills resident. I am disappointed at the speed with which four of you approved the Target rezone, allowing for the high-density apartments at the last town council meeting. I watched the entire January meeting and I did not hear any substantive questions being asked of the developer, nor were any concessions asked of the developer which could have protected the town. I do agree that parts of the Target property need revitalization. I don't agree, however, that high-density apartments are the only solution for this prime piece of real estate. For example, did anyone ever consider asking whether condos or townhomes could be built in this space or placing a deed restriction on the property, turning them into condos at a future date? Regarding the four-story, high-density, mostly one-bedroom apartments that the developer wants to build, no one asked or even insisted on any concessions regarding density, height, fewer one-bedrooms or more two-and three-bedrooms. I think we got a vague, hey, gee, we'll think about it from the developer, but whatever terms the developer wanted, you readily conceded. Additionally, no one asked the developer about the litigation he's involved in with a local resident who wanted to open a vintage car company in the Target Plaza. Why was a paying tenant turned away? Have others been turned away? Finally, no one asked our own town economic director any tough questions either, in my opinion. For example, what businesses has she specifically contacted or tried to recruit for any of the open spaces at the Target Plaza? One of the few substantive questions was actually asked by Mr. Skillicorn, when he asked about meetings with the developer, and whether anyone had received any financial benefit from the developer. Given the speed with which this was rammed through the public process, I did not think that question was out of line. All you needed to say was no or ignore them. But for me, watching the very defensive responses from several of you was not only telling, but disturbing. It appeared that instead of putting residents first or looking out for residents, as several of you promised during your campaigns, you were more interested in looking out for the developer. This appeared to be a purposely rushed decision in lockstep with the chamber and a contrived and well planned abuse of the public process TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 16 of 98 with inadequate due diligence. Thank you for your attention. MENDENHALL: While Crystal's making her way up, I just wanted to point out that there is three call to the public written comments in your packet. CAVANAUGH: Good evening, Crystal Cavanaugh, voter and resident. This really is a call to the public. Reach out to me if you want to sign the petitions that could put this land rezone for 316 high-density, 55-foot apartments and parking structure on the ballot in August so the voters have a voice. And to be clear, this is what I am telling those who choose to sign the petitions. No one is being lied to or fooled, as some of our so-called community leaders are saying. Your signature puts this on the ballot. Your signature is not an up or down vote. We have a very short time period to get a lot of signatures as the only recourse to this council's rushed vote that left a lot of important negotiations on the table and questions unanswered. The public hearing with P&Z was in December, and they voted not to approve it as it was presented. The public hearing for your four to three vote was in January. This was done quite quickly, and the public is just now learning about the project and major rezone. And that general plan you like to reference, it talked about revitalizing the Shea corridor. It did not specify a high-density rezone on a valuable piece of land. Your own economic study said industry was the most beneficial. The deed restriction for industrial with Target was pointed out by the attorney. That too could have been negotiated by the developer, just as they did with wanting the apartments. And to say apartments are necessary to save Target, that is an assumption by some with no guarantee. Corporate Target actually made political decisions in the past that affected its bottom line and continues to do so. To be clear, this referendum ballot measure would be added to an existing election cycle, not a costly special election of 40,000, like the school bond. And let's talk ethics. Councilwoman Grzybowski did indeed call us RWAs, even if in a roundabout way, to CYA. And then had the nerve to file a complaint against Councilman Skillicorn for his legitimate questions about process. Councilwoman McMahon called me a liar to my face last week at State of the Town, while also trying to stop me from collecting signatures from where I stood. And let's not forget, the mayor TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 17 of 98 ignored Skillicorn's request to table and move to executive but allowed McMahon to speak and make a motion to vote. Then, of course, there are the many, many social media posts and letters to the editor with ridiculous accusations, particularly to me. From where I stand, the only ones who appear to be getting fooled and lied to seem to be the citizens who trusted you to make fully informed decisions in the best interest of this community. Hopefully, the voters will have a voice on this issue by signing a petition to make that happen. Thank you. MENDENHALL: Next we have Larry Meyers, and on deck Faryl Palles. MEYERS: Mayor, council, Larry Myers, resident. I'm standing here this evening, my personal land use choices aside. As one of the citizens who filed for the referendum on the ordinances voted on January 17th council meeting to deliver facts and to refute that this referendum is about misinformation by our group of citizens. In fact, the misinformation is the information put out by the people who accuse us of misinformation, if you can follow that. No straw man here, starting with those people, riff raff, Section 8, RWAs, just let's stick with ordnance 24-01. What you voted in was three basic premises. This town voted to allow a 55-foot high, high structure with a P.A.D. density allowed as written, with the designated number of parking spots on 6.7 acres at the west end of Target. Period. End of story. That's what's on 24-01. That's what you voted on. Was signed by the mayor, Linda Mendenhall, Rachael Goodwin, and Aaron Aronson. Nowhere in your vote does it tie any of the site plans, renderings, architecture, design, layout that was presented by the $800 an hour lawyer for Sandor, the developer, who, by the way, even stated that all of what they were presenting was preliminary and subject to the rezone vote. Further, none of that pertains to just this developer, but any future developer. After all, Jason Morris stated, quote, "my client is in the shopping center business," unquote. Town P&Z was trying to get this point across and correct it when it made the recommendation to not approve as proposed. One of them actually spoke at the Jan 17th meeting and pointed this out. Unfortunately, you did not listen and thus got taken advantage of. The AZBEX article that was trotted out by our town TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 18 of 98 economic development director, with Fountain Hills being hard to work with, will now be rewritten to say, get a smooth, expensive attorney and Fountain Hills will believe anything that's said. As written, 24-01 allows a 55-foot high box, as it were. No particular architectural design and enough parking for the designated allotment. Since the design is not tied to the P.A.D. through a development agreement, the parking structure could actually be standalone and not wrapped as shown in the drawings. Very pretty drawings means nothing to the rezone; swallowed, hook, line and sinker by you. Worst of all will be if the citizens are unsuccessful in this referendum process. There is nothing the town can do to correct your mistake, as any design is possible. With these facts, I challenge you to deny these facts. All councilmembers should support the referendum wholeheartedly, and better hope that we get enough signatures to get it on the ballot. And smart citizens in this town can correct the mess that's been made by 24- 01 as written. Thank you very much. MAYOR DICKEY: I just want to point out that council does have opportunity to respond when we're done with call to the public. PALLES: I'm Faryl Palles, 21-year resident of Fountain Hills. I'm also an ally of the LGBTQ community. I'm here to address hate speech right here in River City. Recently, Councilmember Allen Skillicorn posted a photo on X of the rainbow flag hanging in a classroom. In the post, he tells parents to homeschool their kids, ostensibly to protect them from indoctrination. As I'm sure you know, non-heterosexual persons are accused of grooming young people to adopt a, quote, "gay lifestyle". This post says that the LGBTQ population means to brainwash our children, but the social media post that turned my concern into outrage was a cartoon video posted by Mr. Skillicorn on X. A turkey at Thanksgiving gathering protests that he is not a bird. He experiences himself as human, he says. He is then mocked, laughed at. Fast forward to the final image of the video, the smiling host at the open oven door with the butchered turkey in a roasting pan. This cartoon is directed at transgender people. This cartoon evokes the ovens Nazis used to rid the world of Jewish people. Nazis also killed people suspected of being homosexual. Nazis called Jewish people vermin and homosexual people were TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 19 of 98 labeled as deviant. Nazis decided who got to live. The cartoon is a dog whistle encouraging violence against transgender people. We are joined this evening by Fountain Hills residents here in solidarity with the LGBTQ community. We ask the council to take action against councilmembers who spread hate against targeted groups. Thank you. MENDENHALL: Next we have Pam Cap, and on deck Beth Culp. CAP: Good evening, Madam Mayor, councilmembers. My name is Pam Cap. My family and I have resided here for eight years now. Each of the councilmembers took an oath when they were elected to support the Constitution of the United States and the State of Arizona, and the laws of Arizona. Those include Fountain Hills, and it's the councilmembers' responsibility to know what they can and cannot do. Just to refresh this council's memory, on January 18th, 2022, Mayor Dickey issued a proclamation with One Community and signed the Unity Pledge. It in part states we are committed to fostering, cultivating, and preserving a culture of inclusion, fairness and equality regardless of age, color, disability, marital status, race, religion, gender identity, sexual orientation, veteran status, and any other characteristic that makes us unique. It's time to ensure equality for all Arizona employees, residents, consumers and it's the right thing to do. It's also good for business. Skillicorn reposted the attacks -- let me. Okay. Well, Skillicorn reposted the attacks, hoping to go viral, each time belittling and demeaning residents more and more. Is that the great economic development idea? Does that fix our roads in any way? Skillicorn is promoting Fountain Hills as homophobic. We are already leaning towards racist; do we really need to add homophobes to the list? In fourteen months, Skillicorn has accomplished nothing that impacts our community as a whole in a positive manner. He has only brought negative attention to Fountain Hills, chaos and confusion on this council. He has stalled and dismantled plans that took months to prepare. One last thing. Councilmember Skillicorn refers to those standing up to his blatant disregard and disrespect for rules as bullies, even though he is the one doing the attacking. He seems to believe he is above the law. Does he really need to be reminded TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 20 of 98 of the $88.3 million judgments against the former elected official, who thought it was wise to attack, target, and demean private citizens? Skillicorn is a liability for Fountain Hills. The only one wasting tax dollars -- taxpayer money is Allen Skillicorn. We deserve better. We deserve councilmembers that help Fountain Hills not die, but flourish. Thank you. CULP: Good evening, council. Good evening, Mayor. My name is Beth Culp. In getting ready for this presentation, I reflected back on one of the first things that kind of surprised me about Councilmember Skillicorn on his Twitter account -- it was a Twitter account then. He described himself as Fountain Hills councilmember. I don't know -- councilman and agent of geopolitical chaos. And I thought, oh my, what is that about? Well, now I know. Now I know. The playbook for creating chaos for the purpose of destabilizing communities and governments often begins with targeting a minority group. The focus will be on one minority group, and then on the next, until there are none left. Mr. Skillicorn, like many other self-identified chaos agents, selected members of the transgender community to attack. There are four narratives -- and they are definitely narratives, you can find them all online -- that are employed by chaos agents to denigrate and demonize trans people. The first narrative promotes the unsupported claim that transpeople are grooming children for sexual exploitation; they are pedophiles. We've seen those posts on Mr. Skillicorn's social media. The second narrative is that gender identity is fake. You mock people because they identify with a gender different than the one that was assigned to them at birth. Those people are called ridiculous and fake. They're mocked in animations and videos, like the one we talked about at the last meeting and I hope you've all taken the opportunity to view. The third narrative claims that trans-inclusive policies, like allowing fake girls and women to use restrooms designated for real girls and women, will result in sexual assault. Mr. Skillicorn has engaged that narrative as well on his social media. The fourth narrative, also found on Mr. Skillicorn's social media, is that gender affirming education and counseling is indoctrination, and gender affirming care is mutilation. Isn't it clear that Mr. Skillicorn's quest to become an agent of geopolitical chaos, or TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 21 of 98 maybe just to advance his political aspirations, has brought him in conflict with the rules of ethics, the ethical code that this town enacted, and that he agreed to follow. Mr. Skillicorn has seven ethics complaints that have been brought against him that are still pending. Do you really need an outside lawyer to -- sorry. Anyway, that'll be the topic of my next presentation. I may end up being here as often as Ms. Cavanaugh. MENDENHALL: Next we have Cayla Obasan and if I said your name wrong, please correct me. And then on deck, Reverend David Felton. OBASAN: Good evening, everyone, town leadership. I will go through two facts and figures first. The FBI warned us that the greatest threat to any town is a lone wolf acting on hate. Number two, the 2021 census showed that 20 million of the United States population identify as LGBTQ-plus. End of facts. To that 20 million add Parents, Families and Friends of Lesbians and Gays, PFLAG for short. It can increase that 20 million by two X or three X. Me, I have more than 20 people here. We are here. We have lived here. We are voters here. We pay taxes here. This is the first time, through many mayors and town councils, that we have been a target. This needs to stop. What is the big elephant here in the room? What is our big ask? I respectfully ask and challenge this leadership to evaluate, enable, edit, update our code of ethics, including the oath of office. Give it legal teeth. Give it enforceable sanctions during ethics investigations. Give it clear consequences. Disarm hate so that you do not have to stand in some future date and say my thoughts and prayers. By then it is too late. By the way, I did not give you my real name because I was already stopped in this town. For my safety I made sure I did that. Disarm hate rhetoric so that prejudice of any kind, malice, and discrimination towards any group of any kind shall not be a part of public service. You have a chance here, your golden moment for yourselves and your successors. Thank you. FELTON: Mayor Dickey, Councilmembers. I'm Reverend David Felton from the Fountains United Methodist. As a pastor who is deeply committed to fostering a community that is grounded in love, understanding, and acceptance, I feel compelled to address recent statements made by several councilmembers that have caused distress TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 22 of 98 and concern among our LGBTQ-plus neighbors. In the past, Fountain Hills has prided itself on being a welcoming community, embracing individuals from all backgrounds, even going so far as to declaring a Golden Rule Day back in 2021 and aligning itself with One Community's unity pledge. Recently, it has been disheartening to witness rhetoric and social media posts from members of this council that seem to intentionally alienate and marginalize members of our town, especially LGBTQ-plus neighbors. As a representative of a faith community that seeks to put love first in all that we do, I believe it is crucial for us to reflect on the core principles that unite us, values like compassion, like empathy, and the Golden Rule. It's my hope that all of us, especially our elected officials, can rise above personal prejudices and divisive language and in the spirit of the Golden Rule, choose to prioritize respect for one another and treat others the way we all wish to be treated. At the Fountains, our mission is to put love first, and I challenge all of us to do likewise. And acknowledging the richness of our differences, the benefits of finding common ground, and creating a community where every resident feels acknowledged, valued and included. Thank you. MAYOR DICKEY: Please. No applause. Appreciate it. I just did it. MENDENHALL: Next we have Betsy LaVoie, and on deck Kim Bartman. LAVOIE: Good evening, Mayor, Council, Betsy LaVoie, Fountain Hills resident. First, I want to thank Bo Larsen for sharing the town interns. That's always exciting and to giving the Fountain Hills Unified School District and the chamber a shoutout for that workforce intern program that we're so proud of. I'm here tonight because numerous residents have expressed concerns to the Chamber about being misled into signing papers for a referendum on the redevelopment of the Four Peaks Plaza, also known as the Target Plaza. Some residents claim they were given inaccurate information, such as concerns about insufficient water, potential parking issues, and problems with the sanitary district capacity. These statements have been found to be untrue, raising concerns about the integrity of the signature collection process. To address these concerns, we respectfully request, if possible, that you communicate through a town communication that there is a process, a signature withdrawal form available for all TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 23 of 98 residents who felt misled. It's important to clarify, the referendum, if successful, could potentially delay the development project for up to almost a year and in worst case scenario, could lead to overturning the elected officials' decision, resulting in the cancellation of the revitalization of the Four Peaks Plaza. Providing residents with this accurate information will help dispel any misinformation and ensure transparency in this crucial decision making process. Thank you. BARTMAN: Kim Bartman, resident of Fountain Hills. I would just like you to be sure that all councilmembers have gone to fountainhills.az.gov and look at the rules of procedure from September 6th, 2023. On there, you will find what your rules are and what your responsibilities are as councilmembers. First of all, you need to have public confidence. You should conduct yourselves so as to maintain public confidence in town government and the performance of the public trust. You recognize the responsibility when serving in your official capacity and will practice the following: engage in constructive conversation, debates, and encourage -- sorry. Encourage avoiding personal attacks, derogatory language, making verbal attacks of character from fellow councilmembers, boards, commission, staff, and the public. Avoid making disparaging remarks about other members, staff, public. Also -- sorry I'm so nervous. Also, you can refer to page 23 and 24 as well, and it talks all about how your role is to support all people in Fountain Hills, no matter what their LGBTQ-plus orientation, their religion, all of those things you need to. I'm a nurse, and I take care of all people, and your job is to take care of all citizens and represent all of us. And thank you. MENDENHALL: Next we have Greg Johnson and on deck Kim Wolborsky. JOHNSON: Good evening, I'm Greg Johnson. Obviously, I live in this town and I want to comment on what occurred at the last town council meeting. And I'll cut to the chase. I don't have any notes. I'm winging this off the top of my head, which is what I normally do. When Councilman Skillicorn asked a very appropriate question, I know he's loud, literally; he doesn't need the microphone. He speaks. I know he's a little blunt. I'm from Connecticut. I'm used to it. We're wedged between New York and Boston, so he doesn't offend me. But when he asked the question, my initial thought was, what does TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 24 of 98 he know and why is he asking? Before I could come up with a coherent thought, all of a sudden I witnessed your version of Tora! Tora Tora! Attack, attack, attack. And I said, no, that's not right. I said, if you could -- as someone else previously stated, you could answer the question, yes, with an explanation or no. But you just went off on a guy. And the optics of that are very, very bad. Even though I suspect you're innocent. You look guilty when you act that loudly and you attack somebody like that, what are you hiding? And then the meeting went on and went on and it was very well behaved, as Mayor Dickey asked. And at the very end of the meeting, somebody had the poise, the maturity, and quite frankly, the intestinal fortitude to stand up and answer that question. That was a 25-year old -- just turned. She could be your daughter. And she answered that question, maybe belatedly, but she answered it. My personal opinion, I think, is and the opinion of some others I've spoken to, you embarrassed yourself. You washed your dirty linen in public. You should have taken that behind closed doors, executive session, or out in the hallway versus getting that loud and disruptive attacking Councilman Skillicorn. He maybe deserves to be attacked sometimes, but that wasn't one of them. That was not one of them. And I I'm not offended by your RWA comment. I'm one of them. But I'll use the word A for American. WOLBORSKY: Hello, I'm Kim Wolborsky and I'm a Fountain Hills citizen of four years and very grateful every day to be here. And what called me to come up and do the call to the public is I just wanted to say how much I love the snowbirds and how welcome you are and how much you add to our town, and I really appreciate all of you. It's so lovely that you're here in the winter to give money to our restaurants and pay your home taxes and all that, and then we get the little town all to ourselves in the summer, and we're so happy to see you when you come back. So that's what made me come up here. And while I was here, though, since I have time, I will mention that Barry and I also have petitions, if anyone is intimidated by Crystal and doesn't want to talk to her. I was also concerned about how quickly and how finally this development passed through the town council. And you know, I've heard some concerns. I've heard concerns, you know, my husband is an ex-firefighter. He's like, that building is too tall for our ladder TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 25 of 98 trucks. I've heard a number of other concerns, and I just think it would be good to slow this down or get another -- get another perspective on it. And lastly, I would like to thank Councilmember Skillicorn for sticking to his agenda that he was elected on, which was to work on our roads. And you know those are the things that he votes for in this -- oh wait, not lastly. My very lastly is Councilmember Grzybowski, you can tease me any time. That's all I got. Thanks. MENDENHALL: We did have a late comment card. Will you entertain it? MAYOR DICKEY: Sure. MENDENHALL: Okay. Ed Stizza. STIZZA: Good evening, Madam Mayor, town council, staff and the residents of Fountain Hills. I'm going to be as short as I can. Most everything was said already regarding the development and was said well. I mean, I've tried to explain to people from all over the country that have watched all of you, including P&Z, and I can't even answer some of the questions. And some of those questions should have been asked up here. And they weren't. And it has been pushed through fast, and there wasn't any reason other than the developer's interest, to push it through the way you guys did. You didn't listen to P&Z at all, nor did you discuss it publicly if you listened to it. And that's a problem. So especially on this type of development and what it could do. At the beginning, nobody was truly against the apartments. Yeah, we've got some great ideas and some things that could be in place of it. But at the same token, you guys created the problem, so somebody's got to take responsibility for that. I mean, these petitions -- or I mean the referendum is happening because of your decision and the way it happened and why nobody is acknowledging that up there, I can't believe it. I mean, I've watched that meeting four and five times. I'm one of those that will try to listen to everybody's viewpoint, I really do. And I think this one there's you're hearing the right comments and for you guys to let that lawyer and that developer do what they did to you was unbelievable. And I don't know how it happened. Thank you, Peggy, for voting on it or Councilman McMahon or councilperson McMahon. Thank you for voting on the sign. And you also, Allen, I don't think everybody understood what that 22 acres really meant. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 26 of 98 And to give them the control that you gave them was unbelievable. And I really hope the referendum goes through so that the voting public has a chance to speak up and really look at all the issues regarding this. And I don't know how else to do it. I mean, nobody came up with the right questions. You want better answers, you ask better questions. I didn't hear any of them. P&Z did, and they passed them all along to you guys. None of those were even discussed, at least publicly, and there was no executive session so for whatever reason, on such a major subject. So why wouldn't you go over -- why wouldn't you go over all those in public, all those concerns? So I hope that you're able to take a second look at it. Thank you. MENDENHALL: Mayor, we do have one other call to the public that was missed. Tammy Bell. CLERK’S NOTE: Councilmember Hannah Toth left the dais at 7:26 p.m. and returned at 7:28 p.m. BELL: Good afternoon. Tammy Bell, resident, Mayor, vice mayor and council. In 2011, our town partnered with the Fountain Hills Coalition to create cannabis regulations, aligning with our values and proactively protecting our youth. However, in my opinion, these ordinances are not up to date considering the changing state laws, legalization of marijuana, the increased availability of substances in Fountain Hills. I respectfully request the town council to direct staff for renewed collaboration with the Coalition and our community to consider necessary changes for substance related ordinances. This is why I believe it's necessary. Recent data is concerning. Students who took our survey told us they live in 85268. They don't necessarily go to school here, that 35 percent of them were offered marijuana in the past 30 days of taking this survey; 14 percent admitted to using marijuana in those past 30 days, indicating a nearly 4 percent increase from our 2020 data, surpassing the state by 1 percent. Students tell us that they get marijuana from their friends, from dispensaries, and from their family. Residents are also concerned, as they shared in our survey, 78 percent are worried about youth using marijuana concentrates and 76 percent expressed general concern about youth and marijuana use. They're right to be concerned. Marijuana is not safe in all forms for all TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 27 of 98 people. You are misinformed if you were told otherwise. Science tells us that marijuana poses damaging risk to youth, young adult brain development, and increased accessibility and potency correlates to these dangers. Effects include learning difficulties, coordinating issues, memory loss, fatigue, mood swings, volatile behavior, illegal activities, hallucinations, anxiety, depression, and so much more. If we think this isn't happening in our community, we're wrong. One of my Fountain Hills doctors here shared with me recently that he sees a lot of marijuana use in regard to teens and adolescents that are brought to their facility. The teens, he said, come with cannabis. I'm going to say this wrong, hyperemesis. This is painful, out-of-control nausea, vomiting, retching, abdominal pain from marijuana use. There's additional data I'm providing for you regarding the correlation to marijuana and childhood fatalities in Arizona, as well as a correlation to increased teen suicide related to deaths in states with both legalized medicinal and recreational marijuana. All of this data I provide is to highlight a pressing need. It is evident that the town's approach to cannabis and substance related needs to adapt to our current reality. We can do more, we can be more. We can provide an environment that protects our youth, as well as our adults who are vulnerable to substance use disorders with appropriate and thoughtful regulations. Please consider directing the staff to review, research and update our substance use ordinances. In collaboration with the Coalition and with its community members. I'm ready to meet with anyone who wants to meet and review that, to create ordinances that protect us. Thank you. Because I have data, I just -- MAYOR DICKEY: Thank you. There were quite a few comments. And council does have the right to address those even if it wasn't on the agenda. So if anybody would like to say anything. Councilwoman? MCMAHON: Thank you. Well, I dislike doing this. Crystal Cavanaugh stood up in a very condescending, disrespectful manner and made comments that I don't appreciate. The other day, when I was walking into the community center to the mayor's State of the Town, I had difficulty accessing the entrance due to the petition signers. I mentioned to TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 28 of 98 Crystal -- a quick personal conversation, asking her to move away from the entrance to allow for access. And she turned around and she just snarled at me. Petition gathering, blocking entrances is against the rules. In addition, I have also overheard comments being made by petition gatherers to entice them into signing a petition. Even though I observed the woman who signed it was clearly confused and didn't realize what she was signing and was told she wasn't making a choice, she was just signing a petition. Whenever you sign a petition, you make a choice to support what you're signing for. In addition, I have had numerous people come up to me and say that they have spoken with the -- that they were asked by the petition gatherers for signature and they were told mistruths and untruths, and this included a conversation or two with Crystal in order to entice them into signing the petition. Some of these were mentioned by Betsy. All of these, you know, when you gather petition signatures, you must be truthful, forthright. And ensured the best you can that that person understands and knows the referendum or whatever it is you're putting forth for ballot, that they understand it. You know, the Arizona Secretary of State's office has rules against this and rules against intentionally misleading and stating misleading facts. And they even have a remedy for this, as Betsey mentioned; if you feel as though you have been manipulated into signing a petition, you can call the town clerk and request that your signature be withdrawn. And in addition, I would like to say to Crystal, I would love to sit down and have a conversation with you face-to-face and to continue this conversation. You have my contact information. MAYOR DICKEY: Anyone else want to say anything? Yes, sir. FRIEDEL: Yes, I have a couple questions. Maybe this is for Aaron. I don't know if John Wesley's in the room. Now that we've passed that zoning agreement for the Target Plaza, what is our ability to tie the site plans and the architectural renderings and pictures that we were all showed on the council, that were presented to this council to vote on for this for future development or any other developer down in that area? WESLEY: Mayor, councilmember. Everything that you saw is tied directly to the approval and will be what is used by staff later on to review any future proposals. Part TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 29 of 98 of the requirements are that the ordinance and those associated documents will be recorded at the -- with the county assessor's office, so they'll be readily available for anyone to see what has been approved, which includes so all so (indiscernible). FRIEDEL: So all the renderings -- WESLEY: Yes. FRIEDEL: - if they were to sell that property, the renderings all stay in place. WESLEY: Yes, sir. FRIEDEL: Okay. And then my other point that I wrote down here is what is the value of this to the town, the site plans and the rendering that were presented for our vote on the 17th, if there is any? ARNSON: You mean financial value to the town? FRIEDEL: Yeah. ARNSON: Well, although I don't know a number of financial value off the top of my head, I believe that the developer's presentation was such that it would generate various taxes and drives tourism income and those things that were discussed. So I don't have a better answer than what was presented at the meeting. FRIEDEL: Thank you. I have one other question, and this is for Pam Cap. You've come into this council numerous times asking us to admonish Councilman Skillicorn. I'm showing this picture to the mayor and the vice mayor that a resident in this town sent to me of a donkey humping the rear end of a president of the United States. CAP: Former president of the United States. FRIEDEL: It's still known as a president. CAP: Who's a rapist and a racist. FRIEDEL: So you're -- CAP: And a convicted felon. FRIEDEL: So you're smarter -- SKILLICORN: This is not a debate. FRIEDEL: I'm - SKILLICORN: This is not a debate. This is an. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 30 of 98 CAP: He asked me a question. I have a right to -- SKILLICORN: Excuse me. CAP: -- reply, don't I? SKILLICORN: Point of order, ma'am. This is not a debate. The councilman has the microphone -- MAYOR DICKEY: I haven't recognized everybody here. Aaron, I think we're probably knocking on the door a little bit of -- CAP: You want to talk to me, reply to my emails. You reply to my emails. ARNSON: Stop. CAP: You replied to my emails. ARNSON: Everybody stop right now. CAP: Stop cutting people off. MAYOR DICKEY: Calm down. ARNSON: Right now. Mayor and council, this is absolutely beyond the appropriate realm of where we're supposed to be at. So if any member of the public speaks out or shouts out again, Mayor, I would strongly suggest that that individual be removed from this chambers for disorderly conduct. We should not hesitate to do that. That's my first point. The second point is with respect to calling people out, specifically Mayor, Councilmember Friedel, I would suggest that you make the statement to respond as opposed to engage in a back and forth, because it's not going to be productive. FRIEDEL: Okay. So my statement then is we're being asked to admonish somebody. CAP: You're an elected official. Act like it. MAYOR DICKEY: Okay. ARNSON: Mayor. FRIEDEL: We're being asked, Aaron. We're being asked to admonish this councilmember when this person is posting stuff on social media that's just as flagrant and just as bad. We -- MAYOR DICKEY: Let's -- FRIEDEL: -- are not here to deal with this, take this somewhere else and quit disrupting-- TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 31 of 98 MAYOR DICKEY: Council -- FRIEDEL: -- our council meeting. MAYOR DICKEY: -- I'd like to just say something. They some of those folks are asking us to take a specific action that's within the realm of our action. And it's not related to something that they do. We have a code of ethics. And so I think we're being asked to use that code of ethics to take an action that is within our realm. FRIEDEL: They have filed -- what she say? Seven ethics violations on him. Let the process carry out and let's finish the process that way. This is the fourth time we've had a disruptive council meeting because of this. MAYOR DICKEY: We've had disruptive council meetings quite often for a lot of different reasons. I'd like to put an end to this if I could -- FRIEDEL: You're the chair, ma'am. MAYOR DICKEY: There is a couple of specific things about the development that I'd like to just address. The fact that no one seconded the motion to table. So that was why that didn't happen. And also the idea that the development is something that was new or shoved through, as -- if you folks would want to look at that meeting again, we'll go through the plans and the fact that the economic development plan, which was seven- oh, it wasn't just some vague thing about Shea Boulevard. It specifically talked about multifamily and workforce housing and less -- there was another thing. But basically, oh, that in 2021 and in 2022 and 2023, this topic was in the State of the Town, so it wasn't a new thing. So I just wanted to get that out there as far as the development goes. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Just to briefly address this issue of calling out the council on taking bribes and inappropriate communications -- time honored politics reminiscent of the McCarthy hearings when they said, are you now or ever been a member of the Communist Party? By doing so you're putting the people in a position where it's like, are you still beating your wife? If you say, I am not, then you admitted that you were beating your wife. If you say I was, then you've just admitted guilt. What Mr. Skillicorn did here was a very simple deflection from his inappropriate behavior TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 32 of 98 trying to cast doubt on this council that we've been collecting bribes, that we have had ex parte communications, which doesn't even make sense, because that applies to a judicial proceeding about lawyers talking to judges. So he just throws a lot on the wall and just sees what happens. This is reminiscent of what, in the military, they call a drumhead trial, where there's no process. They turn the drum over and they dispense justice quickly. If Allen felt that he had evidence of inappropriateness of this council or a bribery or inappropriate communications, you take that to an investigator. The investigator -- which is the process that you do. They launch an investigation, they get the evidence, and they see if charges should be filed or not. If Allen has information that one of this council is corrupt, it is incumbent on him to turn that information over to the police. Because I want to know, too, if one of us has been collecting bribes, I don't think they are. I think this was a deflection to serve his political interests. But for us to say or to have not to say on that night, that we didn't do it. Well then they're saying, well, if we wouldn't have defended ourselves, then you're guilty because you didn't defend yourself. If you defend yourself, like some of us did, well, now you're guilty -- and I've read this on social media -- because you defended yourself. Is this still America? This is how they do it in third world countries. It's absurd. And so I wish we could get back to normal order in this council. I wish we could quit the cheap political stunts and the games. Quit attacking our councilmembers and our residents and just do your damn job. MAYOR DICKEY: Okay. Stop. Stop. Stop, please. We're going to go on to the consent agenda now, if there's nothing else. Councilman? SKILLICORN: Motion to approve consent agenda A through F. TOTH: Second. MAYOR DICKEY: Is that everything? Is that all of it? Okay. Thank you, all. Roll call please. MENDENHALL: Councilmember Toth? TOTH: Aye. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 33 of 98 MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? 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 on the regular agenda is to approve resolution 24-05 regarding a moratorium on 5G services. This is Rachael or who? GOODWIN: I'm going to let Aaron do this one. ARNSON: Are you sure? GOODWIN: I'm sure. ARNSON: Okay. Mayor and council, I'm introducing this item tonight. Briefly, by way of background, the council will recall that beginning in roughly late 2022, early 2023 several members of the public brought to the town's attention issues related to 5G wireless health concerns. The nature of that conversation has more or less evolved over time, but the council directed us to retain the services of a couple of consultants in succession. In the meantime, last May, the council will recall that the couple members of the public ultimately proposed and was requested that it appear on the agenda what's called a 5G moratorium, which was passed by a majority of the council in May. That called upon builders and developers to cease the buildout of such wireless facilities. The expiration date of that resolution and the accompanying moratorium was the end of the last year. As we are advancing proposed changes to our ordinance through planning and zoning and eventually to the council, which is expected to be TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 34 of 98 here, I believe, later this spring. Councilmember Kalivianakis requested in the interim, during the last council meeting, that we extend it pending completion of staff review and P&Z and council considerations. So what's before you tonight, as you read in the staff report, is a verbatim proposed re-adoption of what the council adopted last May, with the sole change that it's the moratorium is extended under the terms of the proposed version to the end of the fiscal year, June 30th, 2024. And with that, I or staff are happy to entertain any questions or comments. MAYOR DICKEY: Do we have any comment cards? MENDENHALL: Yes, mayor, in your packet you have written comments the total of three for and ten against, and then we have a written comment from a person who came in person, they just want to let you know that they are against it. So that's a total of 11, and that was Peggy Yeagain. MAYOR DICKEY: Thank you. Councilwoman, you were -- were you going to say something? MCMAHON: Can we start talking about the 5G or no? MAYOR DICKEY: Yeah, as long as there aren't any other public comments. MCMAHON: Good evening. If everybody looks at your phones, you already have 5G. You're using it. It's updated technology, but yet you're asking for a moratorium on it. Doesn't make sense to me. Also, as discussed before, this moratorium conflicts with federal law which specifically forbids such moratoriums, specifically, clearly making it unlawful and unenforceable. And Aaron has mentioned this to us before. In addition, the FCC sets forth rigorous standards for wireless technology, of which those companies must comply for safety purposes. If you read this ordinance, there's a bunch of allegations in it about purported health effects of 5G that are also expressly prohibited under federal laws. They are merely personal allegations, unproven, and I don't agree with them. The allegations also contradict the findings of major national and international, well-respected health and science organizations that have studied the effects of radio transmission repeatedly and shown them to not have these alleged adverse health effects. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 35 of 98 In addition, part of our cell network involves FirstNet, a high speed wireless network that specializes in innovative tools technology specifically built for public safety. A moratorium would adversely affect how our emergency responders communicate while serving our town. Also, should a cell company bring a lawsuit to condense this illegal, in my opinion ordinance, the town cannot afford financially to defend it. And we really wouldn't have that much to stand on, if anything at all. So once again, I'm against this moratorium. I don't think it serves a purpose, and I'm not willing to agree with it merely to placate our community. Thank you. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. If you go in the Wayback Machine a year ago, this council did approve the moratorium. It wasn't a split vote. It was a four to three vote, of which councilmember McMahon did vote no. And I voted yes. I think we're at that very same point right now, at loggerheads that we just have an agreement to disagree. Respectfully. It's just good public policy to continue what this council had established a year ago -- a moratorium on the 5G technology. It's just an extension that will take us to where the ordinance will be written. It's in P&Z right now. They're doing the finishing touches on it. It'll be popped up here, and then we'll vote on it. When we vote on it. Then the moratorium, of course, will be lifted, because that's how the wording of the original moratorium was. It will be a 5G moratorium until the statute or ordinance is passed. And so I'd also like to address whether federal law either allows or prohibits for moratoria. And on this, I do have to admit some of our town folk did a lot of research on this, and I give them a great deal of credit because they really dug into the statutes. If you look at HR 3557, it was introduced May 22nd, 2023, in the 108th Congress. This legislation was designed to streamline federal, state, and local permitting and regulatory reviews to expedite the deployment of communications and other purposes. Now, in part, this legislation reads. Section 4, no moratoria. And I won't go into the verbiage but suffice it to say that this House resolution says that, we are going to say that you can't -- local governments can't do moratoria. And so the logical question is, is if this is, TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 36 of 98 as a councilmember alleges, if this is already settled by federal law that no moratoria are acceptable, then why are they trying to codify it now into federal law? And so it doesn't make sense. It's the law against redundancy. Why would they do something they've already done? They wouldn't. And so it is still open. Lawyers I know and myself and Aaron, we disagree on this and lawyers will disagree on this. That's why there's courts of appeal and that's why there's supreme courts. Because the law isn't like mathematics and it's subject to interpretation. And so whether you think it's enforceable or not, I think that we should continue the moratorium until it comes from our competent planning and zoning staff, comes to council, we debate it publicly, and then we will decide on the new ordinance whether it's worthwhile or not. And so you know, I would vote for this agenda item. MAYOR DICKEY: Councilwoman? TOTH: I'll say the same thing in fewer words, I suppose. The agenda item, this is a conversation that we've had a few times, and to save everybody time, I think this is an agree to disagree type situation, but the original moratorium was passed with the intention of lasting up until the ordinance that we will be discussing very soon. So I agree it's good policy to extend it. And with that, I motion to approve a resolution 2024- 05 regarding a moratorium on 5G services. KALIVIANAKIS: I second. MAYOR DICKEY: Councilman? FRIEDEL: And I had a comment to make too. This isn't 5G, your phones. We're not taking anybody's phone. You're going to have your service. This is really broadband, is what this deals with. It's not typical 5G communication type moratorium that we're doing it. So I think we have a second. MCMAHON: Excuse me. May I please speak? MAYOR DICKEY: Yes, Councilwoman. MCMAHON: Cell communications are by wireless broadband, et cetera through radio waves, whatever you want, microwaves, whatever you want to call it. So it does affect it. And in addition to -- and reading from the agenda item, no state or local statute or TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 37 of 98 regulation or other state or local legal and requirement may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunication service. So again, I disagree. I think it's plain on its face that this is not an enforceable ordinance. Thank you. MAYOR DICKEY: Vice Mayor? GRZYBOWSKI: Thank you. A brief comment. Whether you believe it affects your cell phone or not is unimportant. The key to the topic is the concern over our health. And over the last eight months, I've had an opportunity to talk to quite a few subject matter experts. And due to lack of scientific research with peer reviewed studies, I will still be voting no on this. But I do want to make it clear that your cell phone, however you believe that happens, you're still going to have 5G coverage. The conversation of small cell versus broadband versus the phone in your hand, has nothing to do with this particular topic. Thank you. MAYOR DICKEY: Thank you. Well, that's kind of the -- this thing kind of did morph from being about health and understanding some of those concerns to something totally different. And that is really difficult to understand because it's broadband. But this is a 5G moratorium. It is an unenforceable action, whether you like 5G or not. And it also ignores the fact that we've been getting input from folks who are concerned about this because they want the best that they can get here. If people are living, are working from home and that kind of thing. So yeah, anyway, I think we're ready for a vote. MENDENHALL: Councilmember Friedel? FRIEDEL: Yes. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: No. MENDENHALL: Councilmember Toth? TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 38 of 98 TOTH: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Nay. MENDENHALL: Passes four to three. MAYOR DICKEY: Thank you. Our next item is actually a hearing. So I'm going to open the public hearing. We'll do what we usually do. We hear from staff, we hear from the applicant, then we hear from folks, and we close the public hearing and then we discuss. So we'll start out with our staff presentation. John? WESLEY: Yes, Mayor and council. Good evening. I've got a brief presentation for you this evening. First off, just a little bit of background. Chapter 24 of the town's zoning ordinance deals with medical marijuana. It was adopted in 2011. It establishes various location restrictions, as well as provides direction on applications and operation requirements. The C-3 zoning district is the only zoning district that allows this use. And you can see the list of various separation requirements for this use from other items in the town. Given those well, we do have one operating dispensary in town on Enterprise, south of Colony. And given the location restrictions you saw in the previous slide, there's really no other place currently in town, given our zoning in those restrictions, where another facility could go. So we have this one, and it's all that we're likely to have. The operation requirements included in the code include some of these things listed here that you can or can't do or need to do with regard to providing this type of facility. We've received a request to amend our ordinance to adjust a couple of operating procedures. One is to adjust the operational hours currently from 9 a.m. to 7 p.m., to extend those two additional hours in the morning and two additional hours in the evenings, so from 7 a.m. to 9 p.m. instead. We have surveyed other communities in the surrounding area and found that our hours currently are most restrictive. The other request is to remove the prohibition on delivery of services. Again, we've researched other surrounding communities and found that they do allow deliveries. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 39 of 98 Those deliveries then could come into Fountain Hills. Staff recommended approval of these two text amendments to the planning and zoning commission. They held a hearing at their meeting last month and considered the proposed amendment. Following their review, input, and discussion, they voted seven-zero to recommend approval. That's my presentation. Any comments or questions for me? MAYOR DICKEY: I think I'm going to ask to hear from the applicant. And like we did before, jot down any questions you hear -- I mean, that you have and we can ask them when it's our turn. Thank you. SCHUBE: Okay. Let's see if I can figure this out. Mayor, Vice Mayor, members of council. Lindsay Schube, for your record from the law firm of Gammage and Burnham, 40 North Central, Phoenix, Arizona. Thank you very much. And John, thank you for that great presentation. I hope to not be duplicative yet at the same time, answer some questions that you may have before we get to them and then afterwards stand for any questions. So again, Lindsay Schube. With me is Chloe Plaisance. She is a new lawyer with the law firm of Gammage and Burnham, just passed the bar in October. So we're happy to have her. And then applicant Tabitha Myers. She is general counsel for Phoenix Cannabis Company. Let me tell you a little bit about Phoenix Cannabis Company. As you may or may not remember, you did have a dispensary here. It was called Nature's Medicines. They did request these changes in the past. I was not here. I was not part of those applications. They were my client, but they thought they could do it themselves. So there you go. Phoenix Cannabis Company has relocated back into your jurisdiction. They opened in August 25th of 2023. This is their only location in Arizona. So when I speak to you this evening, I truly am speaking to you as a Fountain Hills small business. They do own and operate other dispensaries in New Mexico, but this is their only one in Arizona. They're committed to Fountain Hills, and they really want to make this location work to be successful not only for themselves, but to be a good member of your community, for the community and for your residents. A little bit about the history. As John stated, in 2010, Arizona voters approved TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 40 of 98 Proposition 203 that allowed for the medical use of marijuana. Since then, the medical marijuana program has proven to be successful and more importantly, safe. And I will speak a little bit more about that as we move on to our presentation. More recently, in 2020, Arizona voters did approve the recreational use or the establishment license, here in Arizona. It was approved by over 60 percent in the State. Maricopa County approved it in the 60 to 70 percent range. And Fountain Hills voters did vote to approve it. But again, what we're talking about today is not an ideological question. We are not approving or disallowing the use of marijuana. This is simply an amendment to your land use regulations for your Fountain Hills small business. So as John stated, two things we are requesting, one to modify the hours. Again, the hours of operation right now are regulated in your ordinance from 9 a.m. to 7 p.m., and we are requesting 7 a.m. to 9 p.m. We are also requesting the removal on the prohibition for delivery services. As of today's date, the only delivery that's permitted is medical; however, by 2025, Proposition 207 does require that the state allow recreational delivery. Important to note, and as John stated, we are not suggesting any other changes. You are the most restrictive ordinance, it's unbelievable. And it's your right to do so. Jurisdictions are allowed to have restrictive ordinances in terms of the dual use licenses. And you've said no establishment licenses; that's legal. You're allowed to be restrictive. C-3 zoning, as well as your separation, we are not proposing that we change any of those. Frankly, we're happy to be the only operator here in Fountain Hills. The two changes we are asking for are very narrow in scope, and again, do not impact the ability to have any more dispensaries. So why am I here? There's an increase in demand. The first year of the active medical marijuana program, there are only 16,000 patients. In 2020, there were over 300,000 patients. Since today, there are less medical cards, only 123,000. Those costs money, registration with the state, all of those things. But I will tell you that 2023 was the largest sales of marijuana use in the State of Arizona. 2023, Arizona surpassed the $1 billion mark in marijuana sales, 267 million for medical and 797 million for adult use. Again, this is just the State of Arizona because every state has TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 41 of 98 its own independent programs. So as John said, and here is evidence, you are the most restrictive jurisdiction in the State of Arizona in terms of hours. Now, this makes sense. When originally Prop 203 passed, no one understood how the program would function. No one understood if these dispensaries would be safe and secure. You are limited by ten hours. I would submit to you someone with a job, a husband, and three children getting to any business between 9 a.m. and 7 p.m. I also have the privilege of speaking in front of councils and planning commissions all over the state, that it's impossible to get to a retail business in those hours for me, and for many of your residents. In your packet, you do have a decent number of letters of support. As of this morning, we had 55 letters of support from Fountain Hills residents. We had more letters of support from neighboring jurisdictions. I pulled those because I know what's important to you is your residents. But there are 55 letters of support that we have submitted. Scottsdale, which I think is our greatest competitor, is 6 a.m. to 10 p.m. You notice that we did not ask for that. I didn't ask for that specifically because I wanted, on behalf of my client, to ask for a respectful and responsible request. Our greatest competitors are still, even if I'm approved, will have greater hours than we will, and we'll get into delivery. But they will be able to deliver into your jurisdiction. Gilbert was just approved December 12th, up to 10 p.m. I know, because we did that application, and Chandler was approved to 10 p.m. in January of last year, so January of 2023. It is not unique for businesses in this space to request text amendments. Again, as we move through the process, as we realize that these businesses are safe and secure, we were coming to jurisdictions to ask respectful answers. Sun City is one of the jurisdictions in Maricopa County that does use a 6 a.m. open time. So again, not only the increase in demand, but these facilities are safe and secure. We must have a security plan on file with the Department of Health Services. There is surveillance cameras that have a 360 degree angle, on the exterior and interior of our business; 24-hour independently monitored security alert system. And it is secure access point fobs for anywhere where there is product you cannot reach in the TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 42 of 98 dispensary. There is also ID checks. You cannot get in the dispensary. It's checked twice with a machine as well as by a person. You have to be 21 or older to enter a dispensary. I submit to you, liquor stores, drug stores, gas stations, gun shops have far less secure access than we do. There are a lot of concerns for youth in our community. There is vapes -- like I said, I'm a mom of three. I've got two in high school and one in middle school. It is terrifying out there, but I would say liquor stores, grocery stores, you can get all sorts of awful things and they don't have these controls in place. There are over 13,000 liquor licenses in the State of Arizona. Three just passed on your consent agenda for the Wine Walk. Sounds fun, I may come. Actually, I love coming to these council hearings. You learn all the fun things that are happening in neighboring jurisdictions. But not one mention about the youth. And what I would say, there's only 169 retail dispensaries in the entire state. They have to be safe and secure. If not, they will lose their licensing. If you don't believe me in terms of crime at dispensaries, either cultivation, infusion, or retail dispensaries, this is a chart that was produced by the Tempe Police Department. One percent of crime compared to dispensaries, pharmacies, and liquor stores; the least amount of crime around the marijuana locations, in part because of the security. In other neighboring jurisdictions, in Peoria, they were having a problem. One of the dispensaries, there's four in Peoria, one of the dispensaries in Peoria -- not this client. So sorry. Don't tell them I'm telling the story but is located next to a frozen yogurt store. The frozen yogurt store was getting robbed. After the second robbery, the police asked to use our cameras. And guess what? We found who was robbing the frozen yogurt store. They were very happy. In Gilbert we did a sting because we thought one of the customers had some issues. So we have actually found that there can be great synergy between law enforcement and the dispensaries because of the security that's required. Police officers from Peoria, Payson, Chandler, and Mesa have gone on the record to say there are no problems with security at dispensaries. So that's hours. And I can talk more if you have more questions. But as for the second request, which is delivery, we are here asking for you guys to support, again, one of your TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 43 of 98 small businesses. Fountain Hills residents can receive deliveries from Mesa, Scottsdale, and Payson. I will tell you, Mesa and Payson, those were amendments. They were text amendments in the same way that we're asking today, in part because we had to ensure that the delivery was safe. Fountain Hills does not receive any tax revenue. Again, you don't make land use decisions necessarily based on tax revenue, but I do believe it's an important factor. Peoria just approved a delivery in January of 2023. And that's when the police officer said they have no problems with marijuana. So again, as for this. Not only are your residents receiving delivery today and then sales tax is going to Scottsdale, Phoenix, Mesa, but I submit to you, if you allow delivery, you can also capture sales tax from Scottsdale, Phoenix, Mesa. There are specific products, like I said, only 169 locations in the entire state. We have requests from residents outside of the Fountain Hills boundary who would like delivery of our product, and we are aware of Fountain Hills residents who receive delivery today and would like it from their dispensary. But I think one thing, and I added to this after the planning and zoning hearing, because we've got a lot of questions about the safety and security, there is valid ID checks that must be on file with the dispensary prior to any delivery. Once the delivery is made, there are two ID checks that happen. There are cameras located in the vehicle and on the delivery driver. There is a limit on how much delivery can be made a week. You must complete and maintain a trip log and this trip log is not location A to location B, it is north. I was going to say north on Shea. You can't go north on Shea. East on Shea, north on 110th, east -- you need a trip by trip and it is a $500 fine. If the Arizona Department of Health Services comes in one of its two unannounced inspections every year, they will ask for trip logs. If they do not have everything, it is $500 per piece of paper that doesn't have north, south, east, west on it. They are unmarked cars. The packages are sealed at the dispensary and they must be sealed when the patients or customers receive them. The delivery person must have a means of communication and they must be a facility agent, which means they've had a full background check. They must -- it is state law that the product cannot be visible -- I promise I'm almost done -- in the vehicle, and the amount of the product in the vehicle TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 44 of 98 must match the amount that's on the trip logs. This is all to say, this is a highly, highly regulated program. For a state that does not like regulation, this is very regulated and it is proven to be safe and secure. Again, net positive impact on the town for both the hours and the delivery if approved, the 2.9 sales tax goes directly to the town and then the 16 percent MET tax goes to a number of different things. That's a high tides raise all boats, right? It goes into a state fund and then it's delivered. But I will say the Maricopa County Sheriff's Department, which I know helped you guys out here, got 3.6 million last year as their portion of the MET tax. As far as our operational impact, Phoenix Cannabis, the applicant tonight again, one of your small business owners. Since opening August 25th, we've had a 40 percent increase in revenue and a 50 percent increase in daily transactions. That is with -- and councilmember, I understand you're big on the roads. The improvements on enterprise, which were a little tough, but the town was fantastic in terms of working with us. We did have a tough time the first week, but now we're very excited in terms of the improvements of the roads there. If approved, at minimum, we will double our staff an estimated 13 to 25 percent increase in revenue. In part, that's based on the snowbirds that are in town that we had a -- and that we hope to increase even more. So as an overview. How can I tell you these dispensaries are safe? In the City of Phoenix, we have an annual status update for any marijuana facility every year. Every facility we have police calls, neighborhood services, and the site is posted. I will tell you, there are so minimal police calls because of the safety and security. We are in front of you with a unanimous recommendation of approval from the planning and zoning commission and 55 letters of support. And just in closing, Tammy -- and I apologize. I missed her last name. Fountain Hills, protect our youth coalition for the youth substance abuse prevention. I want to say there was a recommendation that I reach out to Tammy and the coalition in terms of her involvement in the community. And I did look at her website and it says empowering Fountain Hills students to live a drug and alcohol free life. I want to state on the record that we support Tammy and her mission. This is not about drugs, vapes, TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 45 of 98 alcohol in the hands of children. This is a land use decision and so that's why I chose not to reach out. That said, I do welcome any conversations with any member of the public. So with that, I respectfully request approval. I know this is a complicated topic. I tried to keep it as simple. I added some additional safety and security and background information just because of the topic at hand, but respectfully request approval, Mayor, Vice Mayor, council. MAYOR DICKEY: Thank you. Since this is a hearing, we'll hear from the public, and then we'll close the public hearing and we'll be able to discuss. Do you have speaker cards? MENDENHALL: Yes, Mayor, I do, but I do want to point out that there is 49 letters of support in the packet. And then there's six additional letters of support. So there are 55 and those 6 are in your hand packet that you received. We also had written comments 25 were against it. And then there's 12 that were for it in your packet. And then we had a in person comment card voice their opinion from Peggy Yeargin that she's for it. So that's 13 for in person. Now, we do have five people who have submitted a comment card to comment. We will have Tammy Bell first and on deck, Tony Pierce. BELL: Hi, my name is Tammy Bell. Mayor, Vice mayor, council, and staff. This took me a long time to come to this decision. I'm asking you today to vote no for the text amendment request. And this is why. Extending hours and removing delivery restrictions should not be considered as one request. Specifically because eliminating the ordinance that prohibits delivery is completely irresponsible. A responsible request would be to amend the current restriction to allow medicinal delivery only, period, no matter what the law says. Eliminating this ordinance, you're opening up to dispensaries to deliver anything allowable as soon as the state changes our laws. The demand is truthfully decreasing. The facts are, since the legalization of adult use, there has been significant decrease in medicinal marijuana sales. In addition, I provided a traffic analysis for you here. It reveals at a minimum of 28 percent decrease in traffic demand to our four major marijuana industry providers in Arizona. This is consistent with many articles that speak to the sales decline in 2023. You can see in the traffic analysis that I TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 46 of 98 provided that the increased hours does not equate to significant increase in foot traffic. That's on this page. Analysis shows that two percent or less of the total visits occurred during 8 and 9. Ten percent or less of the total visits occurred during 7 and 8, and 8 and 9. Dispensaries show peak traffic occurring between 1 and 4 and 4 and 7. Additionally, two hours, plus delivery, plus one business does not equate economic improvement for Fountain Hills. The representative said so themselves, they do not have enough data to show how this will impact our revenue. The revenue stated is provided to us from the state, it is not due to this business or would increase because of this request. It is my responsibility to tell you that the potential tax revenue does not outweigh the potential risks that are associated with increasing access and availability of marijuana in our town. I haven't heard enough sufficient data on how much marijuana leakage is actually occurring to deliveries. I know they can, I don't know if they are. I called a dozen dispensaries. I only got through to two of them one being Mint. They all told me that they do not deliver to Fountain Hills. That's all I know on that. It's dangerous. And this request increases a risk to those who are most vulnerable in our town. When we ask if this is safe, we're not asking the right questions. We need to ask what potencies are safe? What age is it safe for? How do they consume it safely? Who should have it and who benefits from it? These are the questions we should be asking before blindly suggesting that any dispensary open their doors longer than necessary or have freedom to deliver in our town. The increase of access and availability produces risk factors in our town for our youth, young adults, and those with addiction and substance disorders. I urge you to say no to this request. For now, Fountain Hills is a unique and safe community, but we can do more. Thank you. I wanted to say in part I agreed with Lindsay, but I'm out of time, so I'll tell her personally. PIERCE: Mayor, council. My goodness, I'm getting late. It's been a long day. First of all, let me just say thank you for the councilmembers that showed up for our celebration and express their appreciation for our church. I'm Pastor Tony Pierce. I'm pastor of Cornerstone Family Church. I'm not going to repeat all that, Tammy said. I agree with TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 47 of 98 what she said. I would encourage you to vote no on changing these. Of course, I have some ideological issues with this whole matter, but I understand things have already changed as far as the law is concerned. But I like the fact that we are the most restrictive town when it comes to the availability of these drugs. Marijuana continues to be a gateway drug, and it has found its way into our young people's lives and into the school. And anything we can do to, I know not eliminate that, but restrict it I would encourage you to. So I respectfully ask you to consider voting no on changing these hours. Thank you so much. MENDENHALL: Next we have Shelley Mowery, and then on deck we have Matthew Corrigan. MOWERY: Mayor, Vice Mayor and council. My name is Shelley Mowery, and I'm the past executive director of the Fountain Hills Youth Substance Abuse Prevention Coalition. I'm still proudly on the board, but I also work with the Arizona High Intensity Drug Trafficking Area, and I've been in youth substance use prevention for 23 years. I thank you for the opportunity to discuss the issues before us tonight. First, I'd like to agree with the advocate here, because the demand for medical marijuana has gone down substantially. So when you think about delivery for medical marijuana, how many people are we talking about? So there's been a huge decline actually since 2020. And just looking at Maricopa County, because that's where we live, over the past three years, there was a high of 196,000 medical marijuana cardholders in Maricopa County. In 2023 that dropped to 75,000. That's a 61 percent decline in medical marijuana cardholders in the State of Arizona. The advocates talk about the windfall of tax revenue from delivery and extended hours. I believe I heard this correctly in the P&Z meeting that on a good day, they make up to $1,500 a day in revenue, even if delivery and extended hours doubled their business, that would increase the town's tax coffers by about 34 bucks a day. This request is more likely about clearing the path for recreational marijuana delivery. While recreational marijuana delivery is currently illegal in the State of Arizona, Arizona is mandated to have rules for recreational delivery by January of next year, just 11 TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 48 of 98 months. So if you decide to accept this recommendation to open the door for medical marijuana delivery, Fountain Hills residents could soon have recreational marijuana delivered to their door, just like pizza. Let's just put a pause on any decisions on delivery of medical marijuana until the state moves forward with new rules expected in less than a year. Advocates also insinuated that Fountain Hills is an outlier and has the most restricted opening times for dispensaries. But when I did a search online of dispensary hours closest to Fountain Hills, most of them are open about the same number of hours. Arizona Natural Selections, which is the closest, 8 a.m. to 7 p.m. MedMen of Scottsdale, 9 a.m. to 7 p.m. Ultra Health, 9 a.m. to 4 p.m. They're closed on the weekends. Zen Leaf in Mesa, 8 a.m. to 9 p.m. The Wellness Clinic, 8 a.m. to 9 p.m., but they're only open on noon to 6 on Sunday, and Kind Meds is only open 10 to 8 p.m. And finally, on the safety surrounding delivery, nowhere could I find in the rules and guidelines on the Arizona State Department's website on their medical marijuana program, does it state that medical marijuana delivery programs are inspected twice a year. The word inspection is not mentioned at all in the medical marijuana delivery guidelines, or on the Department of Health Services website. I would encourage you to vote no on both. Thank you. CORRIGAN: Madam Mayor, councilmembers, Matthew Corrigan, homeowner and full- time resident, Fountain Hills. Gammage and Burnham law office is asking an amendment to Fountain Hills ordinance Section 24.03. I've read the narrative statement of justification from the lawyer and would like to respond by each agenda item. Number one, increase in sales tax. This is not a compelling benefit for the town of Fountain Hills. The 2.9% sales tax increase revenue from an additional four business hours of daily business is not significant enough to completely amend our existing ordinance. This argument is then nullified by the note that marijuana users already get free delivery from existing dispensaries outside of Fountain Hills. This does not justify an ordinance change. Number two, increase in demand. This is not an appealing reason for residents of Fountain Hills. What benefit does it really bring the town of Fountain TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 49 of 98 Hills? Very little. Many businesses and industries have also increased demand. If that is true, what does that have to do with making Fountain Hills unique, individualistic, or improve in any way? Very little. Now, a little about marijuana. A National Institute of Health on May 4th, 2023 said that young men with cannabis use disorder have increased risk of schizophrenia. On October 1st, 2022, Dr. Ken Finn, president of the American Board of Pain Medicine and a vice president of International Academy on the Science and Impacts of Cannabis, said high-potency cannabis use is being linked to poisonings in young children, as well as psychosis and schizophrenia in an increasing number of regular users. A lot of my colleagues that work in psychiatry and emergency medicine are seeing a sharp rise in marijuana related psychosis, Finn told NTD Nation Speaks Out program interviewer. High potency THC tetrahydrocannabinol, the psychoactive agent of cannabis, is generally about 10 percent, but some contain 40 to 60 percent THC. Number three increase of competitive advantage. As I understand it, 207 the Arizona legal status for recreational marijuana, effective January 1st, 2025, allows the same facility to sell recreational marijuana after that time. Fountain Hills does not really need a multitude of marijuana shops to make us just like Phoenix and so many places in California, Oregon, Washington, and Colorado. I ask that you vote no on this amendment change. Thank you very much. MENDENHALL: We have one last comment card. Marsha Hoenle. HOENLE: Good evening. Madam mayor and council. I am Marsha Hoenle. I live here in Fountain Hills and have for about ten years. I speak differently than others because I'm not -- I haven't done all the statistics. But anyway. I am part of the Fountain Hills Protect Our Youth Coalition. I'm a sector leader, Kiwanis youth advisor, mentor for Golden Eagle Education Foundation, also the scholarship coordinator and Maricopa County foster care board review member. So as a lifetime educator, I propose we think and act very carefully before widening the gates that will allow for greater access to harmful substances that entice our youth. The coalition is doing a wonderful job of informing our youth and their families of the potential danger of marijuana, cannabis, TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 50 of 98 vaping, alcohol, et cetera. Does our small town really need greater access to products that are particularly dangerous to youth? I don't think so. I was reading the Arizona cannabis labeling, it says the following statement "Arizona Department of Health Service warning marijuana use can be addictive, can impair an individual's ability to drive a motor vehicle, operate heavy machinery. Marijuana smoke contains carcinogens and can lead to increased risk of cancer, tachycardia, hypertension, heart attack, and lung infection. Keep out of reach of children", in capital letters. So I think there are dangers if children have access to it. I don't think we need to widen the gates to allow longer hours or home delivery. I think it puts our children in danger. As I am on the review board for Maricopa County foster care board review, I notice over the last ten years that almost all cases that come before the board, involve the early use at some point of marijuana or alcohol, or a combination of both. At young ages, people start getting involved in that and it leads to addictions, which, as you all know, puts families in great crisis. So cases of children and families in crisis points to the destructive use of drugs, which in most instances does start in their youth. So I just figure it's important to say, I would like you to vote no at widening the use of or having more access to. MAYOR DICKEY: Okay. That it? MENDENHALL: Yes, Mayor. MAYOR DICKEY: Thank you very much. We're going to I'm going to close the hearing and then we can ask you questions and you can respond to some of the things that you heard. So we'll close the hearing. Councilwoman McMahon has some questions. And then I -- you can respond to what you heard and to us. Thank you. MCMAHON: Thank you very much. And thank you very much for your presentation. But what I heard is money, taxes, et cetera. I never heard anything about really, basically, human health and safety, consumption, and potential addiction issues. It was all about money and how it adversely affects Fountain Hills because we don't allow delivery. I'm also a member of our Fountain Hills Youth Protection Coalition, and I am very concerned about the lack of delivery guidelines and rules that would protect the health and safety of not only our teens and their families, but those persons with TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 51 of 98 addictive disorders in our community. The Coalition has worked really, really hard with our schools, our emergency responders, the town and others to educate and reduce drug use among our teens, young adults and it's been very, very effective. We don't want to backtrack. You know, I know that people get issued medical marijuana cards. They're issued by licensed physicians and psychiatrists, et cetera. I know there are many young underage teens suffering from anxiety disorders due to social media and other causes. Their psychiatrist, if they're going to counsel, may have issued a medical marijuana card to their parent as their guardian, and they are the recipient, ultimately the recipient of a delivery of marijuana. Can you ensure that it goes to them? Can you ensure that it doesn't go to the 18-year old that that might be smoking marijuana, et cetera? I don't know. You know, you have strong and stringent safeguards right now where people have to go into the dispensary, they have to show up, they have to show ID, they have to prove who they are in order to receive what their order is or their purchases. There's police officers there, et cetera. To me, that states a lot about the seriousness of the dispensary and dispensary marijuana, and I don't think that we can ignore that. I have delivery concerns. Our ordinance is vague about any delivery concerns to families, to youths, et cetera. Where can you deliver it? Can you deliver it to schools? Can you deliver it to just residences? Can you deliver it to places of employment? What if a park, a person happens to be sitting in a park and calls in the delivery and wants it delivered there? Can you deliver it there? I mean, how can you -- and also I have a concern, even though reading what you said, the person -- it's very strict in their delivery, they have to have ID, et cetera but still, you know, there's an element, an air that concerns me there. Also, I just think that if the council is thinking about passing this ordinance, that we absolutely need more safeguards in our ordinance, specifically in town. If this passes, for example, in Camp Verde, they specifically state it is unlawful to deliver marijuana in the Town of Camp Verde to a person who is not a medical marijuana card holder as defined in Arizona, blah, blah, blah, medical act. And in addition, just merely removing item number 4 to not provide offsite delivery of medical marijuana. To me, that's insufficient. It's a negative versus a TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 52 of 98 positive. And instead of still saying only medical marijuana can be delivered, I mean, there are so many safeguards, as Tammy mentioned, that are of concern that given the fact that there aren't, I cannot agree with passing this. And I know you're asking for two different things, but they simultaneously go together. Because what are the delivery hours? I mean, there's a whole plethora of concerns that I think need to be addressed. And I ask respectfully, that if council is going to move forward with this, that we wait two months or more and have that meeting, which I think you should have had, and I'm not putting you down. I don't mean that negatively. I wish that you would have taken the time to speak with Tammy about this before presenting it. And I think we all have lessons learned. But if the council is so inclined to pass this, I would ask that we continue it for a couple more months so that we can work with the council, with the Coalition, the attorney, et cetera, to come up with some very, very needed safeguards before anything like this is passed. So I appreciate your time and thank you. And I did not mean to be disrespectful in any way. Okay. MAYOR DICKEY: You want to respond? SCHUBE: I would Mayor, Vice Mayor, councilmember. You were not disrespectful. I live in the world of we can disagree and not be disagreeable. So I take all your comments to heart. If I may just, I'll talk about a couple of the comments that were made and specifically councilmember McMahon -- I want to say it -- Councilmember, I will address some of those because a lot of what you hit were other things that were said. One, so again Prop 207 when it was approved in 2020 allows you to ban establishment licenses, adult use and that's something you have done. However, the other thing Prop 207 says is anything in your ordinance with regard to medical and establishment have to be the same. So I have been very clear at planning and zoning commission and any conversations, the striking on the prohibition of delivery, it would allow for adult use delivery too. And I stand by the same argument that your residents will get delivery from Scottsdale, Mesa, Payson and conversations we've had again recently, Peoria and Payson have removed their prohibition on delivery, in part because their residents could get it anyway. So yeah, so I unfortunately we can't do one without the other. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 53 of 98 Transactions are not down. They're up. Any quotes with regard to our revenue sales were incorrect. So I don't know where those came from. But again, we are a new business. We just came in in August of 2023, and we do hope to see increased sales, not only from the increased hours. It's interesting, P&Z one of our issues, and I'm sure most of you listen to it, was the commission wanted to give us more hours. They wanted to give us 7 a.m. to 11 p.m., as opposed to 7 a.m. to 9 p.m. that put me in a very strange spot. I normally don't get a commission volunteering to give me more than what I have requested. The reason why is they made it akin to other uses in C-1. Again, grocery stores, pharmacies, Circle K's in the C-1 zoning district, which is your most restrictive zoning district, allows hours of 7 to 11 where you can get alcohol, vapes, all of those things without the same safeguards. I purposefully, respectfully told the commission, no. I want to ask for something that is reasonable and respectful so that the council can support me in my request. As stated, there are 13 more in-person requests here. There are 68 people in the town of Fountain Hills who are requesting this. We're not asking it, you know, and the comment that there is no statistics, there are. You have residents, 68, in fact, who have requested delivery and the increased hours. And again, as for the request, you know, I think it's also just a matter of fairness. You don't put the same hours on bars, on grocery stores, on the Target, on all those things that do sell products that are challenging to our youth. Again, you have to be 21 to get into a dispensary. The hours -- or sorry, the restrictions on delivery, you have to be a facility agent. You have had a full background check; you've got a camera on your person and in your car. I would submit to you if that is not safe, I don't know what is. The state has not made its recreational rules yet, but they have every indication that they are going to mirror what they do for medical. Again, there have been not -- there is not one issue with medical delivery. And so the state has said that they will mirror those same. They want it to be a safe and secure program, and therefore there are a lot of restrictions in place. And as for potency and ability to use, I think that's all part of Prop 207, not part of our request tonight. So I'm not going to address those per se, other than we do -- this is a TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 54 of 98 request for adults who are permitted and legally able to enter a dispensary and to get delivery. MAYOR DICKEY: Can you address the part about where it can be delivered, like when Peggy mentioned a park and stuff like that? SCHUBE: Yeah. Mayor. Absolutely. Thank you. And councilmember I apologize I didn't -- we have to deliver to a specific place. We would not deliver to a school or a park. We deliver to residences. Your ID has to be on file with the dispensary before, and it -- would you never just like park -- and I and I apologize. Mayor, vice mayor for how much I wander around the state. And by the way, I don't use this product either. I like wine, that's why I want to come to your Wine Walk. Again, it sounds lovely. I'm a wine drinker personally. And I -- Tabitha Myers, do you want to just whisper? Oh. Mayor, councilmember. Again, it's so nice to have a general council and these are proper businesses. I think that's also important. You know, originally in 2010, when some of the licenses were awarded, the businesses were not as organized as they are now. We must deliver to the address on their ID. So we cannot, Mayor and councilmember, we cannot deliver to a park or a random address. It's the address that's on their ID, which is uploaded in our system, is double-checked in the system. And then when we get there, we need to check it again. And we take a picture of it. Sorry. Mayor, councilmember. Also, there is a picture taken of the ID that again gets uploaded onto the system and we need to save it in our records for a minimum of three years. We keep those records for a minimum of three years. And so when there are the unannounced inspections at the dispensary, they look at everything from delivery regulations, inventory controls, lab testing, all of those things. MAYOR DICKEY: Councilwoman? TOTH: I had a question that I'm not sure if it would be more of a John question, so I apologize. There was a mention in the public comments that there's a possibility of the state allowing for recreational deliveries. If that were to occur, and it would therefore conflict with our ordinance, would that be another vote, or would this vote also include the potential legalization of recreational deliveries? TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 55 of 98 WESLEY: Mayor, councilmember. The way that would work is that whatever rules we have for medical would apply to recreational once the state finishes their rule adoption. TOTH: So to be clear, this vote tonight would extend on to if recreational deliveries were allowed? WESLEY: Yes. TOTH: Okay. MAYOR DICKEY: Councilman? FRIEDEL: Thank you. Mayor. A couple comments and a couple of questions. I want to remind that this council that we turned over all of our opioid settlement money to our Coalition in town. And they're using that to educate and do other things with the youth in this town. So I just wanted to mention that, we can't forget that. So it's important. You mentioned the sales increase. Does that get you more customers or is it just more use? Are you getting more customers or is it more use by the same people? SCHUBE: Mayor, Vice Mayor, councilmember both. More and more customers. We do have customers who now use a dispensary in Scottsdale or Mesa because it works in terms of their business hours and where they work. They may reside in Fountain Hills, but they use a dispensary closer to where they work because they can't get here between 9 and 7. FRIEDEL: So you mentioned that there were 68 people that were in favor of this ordinance change. Are they being serviced right now adequately? Are they getting what they need right now? SCHUBE: Through, the mayor, vice mayor, councilmember they do not believe that they are. We had other letters of support that I did not include, maybe I should have and I can send after. From other jurisdictions, again, we have customers that want to come from Scottsdale and other places. And no, you have residents in Fountain Hills who do not believe they are being adequately serviced. They would like the additional hours to be treated the same way as a grocery store or pharmacy. FRIEDEL: So then the other comment that I want to make is that this is new for all of us. So to equate that we have hours that are longer for bars and restaurants, they've been TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 56 of 98 around a lot longer. Alcohol has been around a lot longer than medical or recreational. It was just recently approved at the state level. So keep that in mind as we go through this, but I'm wondering if this wouldn't be at some point a time to -- I heard somebody say, maybe table this and get some input from our Coalition. I think that might be wise. Now, we gave them a block of money from the settlement, and I think it would be wise to maybe consider that. I'd be in favor of some hours, but I think maybe another thing I'm going to mention is maybe we wait until the state comes out with their regulation and their advice on the delivery, since it's right around the corner anyway. But that's my two cents on it, so I wouldn't be adverse to extending the hours a little bit. But maybe we need to table this and get some input from our Coalition, which is a big part of this town. It's a small town. We've given them money and some direction with that money. So I think it's important that we get some input from them going forward. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. Based on some of his comments, I'd like to make a motion to table. MAYOR DICKEY: Can I ask, since we had a hearing. Right? Do we continue the hearing? Can we do that? And then we don't have to do the notice and all that? I guess I shouldn't have. ARNSON: Well, the hearing is closed. We can reopen the hearing, and then you can make a motion to continue to a date certain or indefinitely. But it may be up for discussion between the applicant and development services about what date would be best. MAYOR DICKEY: Okay. Well, so I can reopen it. That way we wouldn't have to worry about the -- ARNSON: The republishing it and everything. Yes. MAYOR DICKEY: Okay. So let's do that. So reopen it. So that way we don't have to put it in the paper again and all that. And then would we want to go to a date or would we want to just continue it until we get the information we think we want? SCHUBE: Mayor, if I may? We would be open to a continuance to work with Tammy TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 57 of 98 and her group and to answer any other questions that we have from councilmembers. I would request, maybe, I can make myself available to meet with Tammy in the next two weeks or four weeks. The applicant, while it is new ,councilmember, and I appreciate those comments. Again, we have a lot of data that these operations are safe and secure. We have data that delivery has been safe and secure. And we have every indication from the Arizona Department of Health Services that they're going to follow -- again, what delivery person has a full background check and must have a facility agent card with a camera on them and a camera in their vehicle? So you know, respectfully, request, Mayor, we will again all be respectful to one another and in continuance. But I would take two weeks. I know I can make myself available to meet with the Coalition and answer any follow-up questions. SKILLICORN: So I'll amend my motion to continue. And let's just leave it a little bit open, like 30 days or something. TOTH: Second. MCMAHON: Thank you. But I do think it's going to take longer than 30 days, given the amount of people that we're going to have to (indiscernible). SKILLICORN: I am open to another amendment. MCMAHON: Can we just continue it? SKILLICORN: Indefinitely is fine. MCMAHON: Yeah. And then we'll come back. I mean, I'd appreciate it if you guys don't mind doing that, because I really do think that we need to look at more safeguards in our ordinance, especially since it's already so strict here. MAYOR DICKEY: So is that an amendment? Can you amend a motion to continue? ARNSON: Sure. Yeah, because what you can do is debate as to the time and date of the continuance. So that's fine. Sounds like Councilman Skillicorn accepted that proposal. I don't know who second it, but do we have the consent of the person who -- Hannah, you did? Okay. MAYOR DICKEY: Okay. So the motion would be to table until a date uncertain? ARNSON: To continue. I'm sorry. Go ahead. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 58 of 98 SCHUBE: Absolutely, town attorney. Mayor, again, I feel we've been working through the process. I commit to you that I will take the time to meet with anyone that's necessary. 30 days, if we could to a date certain, I would respectfully request that. If we don't feel like we have the information, then we can do another continuance. But I can make myself -- MAYOR DICKEY: The first meeting in March? ARNSON: Which is March 5th, I think. MAYOR DICKEY: Okay. So I guess, do we need another amendment or can we just say, everybody -- ARNSON: Now, are you okay with that? MAYOR DICKEY: Is everybody okay with -- Brenda, you're okay with it? KALIVIANAKIS: Yeah, that's what I was going to say. So I'm okay. I'm okay with that. MAYOR DICKEY: Okay. Then, I believe we have a motion and a second to continue this to the March 5th meeting. Could we please have a roll call? MENDENHALL: Councilmember Skillicorn? SKILLICORN: Permission to explain my vote? I just want to point out that I believe that 207 was a mistake. Everywhere I see this type of usage, I see open drug uses, I see filth, I see crime. I believe it was a mistake. And I believe the residents of Arizona have changed their minds since then. And on that note, I vote yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: I'll just vote. Aye. MENDENHALL: Councilmember McMahon? MCMAHON: You know, I'm really having problems with this. I'm sorry. And when it comes back, can we -- it doesn't mean it's automatically going to pass or anything, right? ARNSON: No. Certainly not. Mayor and councilmember. MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 59 of 98 MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Nay. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes. MAYOR DICKEY: All right. So we'll take it up again, and we'll do some work in the meantime. Thank you. Our next item is approving staff to apply for grants. Is that you, Rachael? GOODWIN: It's actually going to be Director Weldy. He's going to lead the charge on this conversationWELDY: Madam Mayor, councilmembers. I'm here tonight, actually, representing every individual on the town staff that applies for and seeks grant for the betterment of this community. It's important to note the benefits that grants have had, the positive impact that the grants have had on this community. Just in public works alone, and I'm just going to speak on that, since 2019, the Town of Fountain Hills has been the recipient of about $4.5 million in grants, with just a few hundred thousand dollars, about $400,000 in matching funds for those projects. It's important to note that while we are seeking grants and we get notifications from state, county, and federal agencies about them, the amount of work necessary to apply for and prepare all of the documents is time consuming. Oftentimes, we are limited in the window, and more than one time I've stood right here and asked for forgiveness as opposed to having been able to ask for permission because of that time frame. Please note, any time that we receive an email regarding grants, we do a quick cursory of it, whichever staff member receives it. If we believe that there's a benefit to the community, our next stop is the town manager to have a discussion about that. That processes will remain in place. What I'm simply asking permission to do is allow us to continue to do what we've done for many, many years and decades and apply for grants. In the event that we are selected for one, we will then return to this elected body with all of the details, including the grant amount and any associated funding that TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 60 of 98 the town will have to contribute to that. I do believe that this will be a benefit not only to myself, but all the other directors and all the other staff members that apply for grants to benefit this community. With that, I'll certainly do my best to answer any questions related to this. MAYOR DICKEY: Do we have any speaker cards? Sorry. Let's have Kim come up and speak, and then if you're the only one, then -- this is a weird meeting. WOLBORSKY: Okay. So. Justin, I'm not against this. I just have some questions and concerns. I may be against it. I'm not sure. So my main concern is that the staff is not answerable to me. You, as the town council, are answerable to me. So I love the idea of efficiency, but sometimes efficiency in government is not a good thing. And my concern is -- here are my concerns, and you can probably answer them all. Can the town receive a grant and not use it? If that happens, could it affect our likelihood of receiving future grants from that source or others? They're saying you guys are just applying willy nilly, and then you're saying you don't want the money, well forget you next time. The other thing is, what is the actual number and percentage of grants that have such a short time window that the council doesn't have time to meet in order to approve it? Like, say you have it all ready to go, you just need their approval to send it. What are your examples of that? How much money was missed? How much pain was involved? But I have to say, as a citizen, I don't care about the pain as much as about the answerability. And then the other thing is, I haven't talked about this before, and I've meant to. Technical debt, I worked as a business analyst, and my job was to write programs that would -- or work with other people to write programs to make users' jobs easier. And that was great. And we just love to do that. And you know, our IT department would come back to us and say, you're creating technical debt here. You wrote these things, it's making these people's lives easier now, but we have to support them for all the years in the future. And you know, one of the things about getting money for stuff is it's great if it's maintenance, but if it's new stuff, we really need to think about how much is it going to cost us to take care of this going forward? Can the town really afford it? And TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 61 of 98 I think, I just think that's something that the council is more likely to do than the staff. I don't know why, but I do. I trust you guys. All right. That's all I got. Thanks. MAYOR DICKEY: You have more? MENDENHALL: No, that's all we had for this item. MAYOR DICKEY: Okay. Gerry? FRIEDEL: I just want to say that I think it's a valuable service to apply for grants, especially because it looks like the amount that we contribute is about ten percent of what you've actually been approved for. So I think it's a win-win for the town. And the time to do it is probably as valuable to go out and get those. So I'm all in favor of this. MAYOR DICKEY: Thank you. Brenda? KALIVIANAKIS: Thank you, Ms. Mayor. Thank you, Director Weldy, for all you do. Thank you for all the grants that you've previously applied for that we're enjoying the benefits of today. Would it be beneficial to our town to have a professional grant writer that could free up the department heads to do more of what they do and their respective jobs, and less time grant writing? WELDY: Madam Mayor, councilmember. It would certainly benefit the public works department, but I cannot speak on behalf of the other directors. I would feel more comfortable if the town manager would engage in that type of dialogue with the mayor and council. GOODWIN: I'd be happy to. Thanks. It's a bit of a plus and minus to be honest. An effective grant writer is always an asset. That being said, often our grants are centered around data and examples and things, and narrative, quite frankly. And I can speak from example where we've had several folks volunteer to help us and want to help us with the narrative, that they just don't live and breathe to the same extent that staff does. So it's very difficult sometimes to translate that. I know in speaking in some of the technical grants that public works goes after, there's a lot of data that has to be pulled, whether it's through finance, whether it's through our different software systems, that is a little bit hard to track down. So I don't know if it would make life easier or not, to be honest. When they said I need this information, go find me this TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 62 of 98 information, that we're going to end up having to staff is probably going to have to dig out anyway. That being said, we do have a number of volunteers in our community who have offered to help us with grants, and we've taken them up on that opportunity as well. KALIVIANAKIS: Thank, thank you for that. I just think that if we did like a 1099 independent contractor, paid them on an incentive basis based on how many grants they brought in that would clear up our town staff to do, again what they should be doing. Because I know multitasking is always fun, but it takes a lot of work to put them together. It takes a lot of work to follow through. And again, with all the things going on in Fountain Hills, it just seems like something to consider. And in the Fountain Hills Times, May 17th, 2022, I did a letter to the editor proposing this very same thing. So if anybody wants to look it up, I'm on record. I just think it'd be a wonderful idea to get a professional grant writer. MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor, one of the concerns I have, and this is something that I've dealt with in local government before, is that we'll apply for a grant and they'll offer us a grant and they'll give us, let's say, $400,000 in funding. And we go ahead and do their project. And they have some hooks, they have some requirements in there that add to the cost of the project that might cost us $350,000 more in construction do it. So the grant was almost a wash, right? And we had the additional headache of hoops to jump through, reporting, staff time. In the end, we may not have been ahead. So that's a concern that I have. I also want to make a point that we've had some fabulous grants. I mean, I think of like the sidewalk fill and stuff like that. There was no -- having us approve it wasn't a bad thing. We still got the grants. We still have great upkeep. We had some great things that helped our bottom line with council approval instead of, basically, cutting council out. So since the manager's name was used in debate and public comment, I'm curious of what your thoughts are in rebuttal to the public comment about, maybe, this still should come before the council? GOODWIN: I appreciate that opportunity, actually. Thank you. And I think this is a TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 63 of 98 really dynamic conversation for this body because originally grants weren't brought before here. And there was a concern that we were over committing, that maybe we didn't have the resources to match whatever it was we were going after or that there were these sort of caveats built in that we weren't necessarily catching. And that's why we brought them as a permission-based policy up to now. We bring them forward, we say we'd like to apply, these are the stipulations, this is what we'd like to do. And generally speaking, council gives the authority to say please go ahead and do so. And generally when we have good news, we bring it back and say, hey, guess what? We got it. Here's what we got, here's what we said, and a reminder of what happened. But it does happen where we don't get them. Unfortunately, that's just the way of the world. We don't always get every grant we go after. So it kind of leaves it hanging a little bit so that council doesn't necessarily know that there's the closure in that process that says, hey, yeah, we applied. We didn't get it. Bummer. But sometimes what we're finding and I'm going to speak for Justin and I want to appreciate Kim's comments. Thank you. Is that when we do apply for grants, it's not on a sort of shotgun approach. We don't just throw out everything and see what we get. It is a very thoughtful process in that we understand there's a work, there's a trade-off. We've got to do the work to put it out there to see if we can get it. So we're not going to go after grants that are problematic, or that we run the risk of returning. We have had one instance that I know of where we had to say we applied for a grant and we had to say no. And you know what? It is a terrible situation when you have to do that, when you have to give something back. Thankfully it wasn't our fault, so to speak. It was a change in circumstances, and they certainly understood that. But we never want to get in a position where we have to say, hey, you know what? We thought it was a great idea. We changed our mind. To that end, staff is pretty skilled at vetting them, at making sure that if we're going to put our name on there and go after a grant, we feel successful in that we can support the elements, whether it be financial or whether it be other stipulations within those requirements. That being said, it doesn't cut council out. The idea would be if we apply for a grant and TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 64 of 98 we receive it, it would need to come back before this body for final approval and direction. So there is no point -- at no point would we proceed without any type of discussion at this level. So I just want to make that clear. To Justin's point and to the point of the staff, we do have a number of grants that come due. Generally, they happen to come out oftentimes at the end of a fiscal year because there's leftover funding and sometimes it means we're putting -- we're slamming a grant together at the end of June, beginning of July to take advantage of that. And that is when our council break is. So that tends to be some of that. Not always. And sometimes we just aren't aware of them and they come across our desk with a few weeks' notice and it's not enough time to be before council. So that is some of the reality of why this ask is before you tonight. I hope that answers your questions. MAYOR DICKEY: Councilman? SKILLICORN: I'd just like to make a motion to approve. TOTH: Second. MAYOR DICKEY: Councilwoman? MCMAHON: Yes. Clarification, please. What you're doing is you're asking for us that when you apply for grants, you can go ahead and apply for them to save the time. And like Rachael said, apply for them in a timely manner so that you can get them. And then when you get them for the project, you always come back before council to okay the project, et cetera. So basically this is another part of your ongoing responsibilities. You just want to be able to do them in a timely manner. Correct? WELDY: Madam Mayor, Councilmember, that is correct. MCMAHON: Thank you. WELDY: And with all due respect to the town manager, she runs a tight ship and we have to have everything in agenda quick, not less than two weeks prior. And preparing the documents, and sometimes they can be time consuming -- seven or eight hours for a grant per staff member involved in it, and then trying to get that on two weeks in advance, if there's only a three-week window, oftentimes it's challenging, so we're just asking for a little leeway. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 65 of 98 MAYOR DICKEY: Thank you. I think he answered your question, right? So know that we can turn them down if we have to, but we don't do a million of them. Yeah, but we don't do that a lot, obviously. So we have a motion and a second. Could I get a roll call, please? MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Yes. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thanks, Justin. WELDY: You're welcome. Thank you. MAYOR DICKEY: Next item is kind of similar. Rachael are you taking this one? GOODWIN: Actually, I'm going to pass this one to our town clerk. This is a conversation that came up through staff. And she has been leading us through this process and understanding what our options are. So with that, I'll turn it over to Linda. MENDENHALL: All right. Good evening, Mayor and town council, staff, and Fountain Hills residents who stayed for my presentation. I appreciate the opportunity to address you tonight about a proposal that we believe will make our approval process more efficient. We're asking for your support to amend the town code regarding special event liquor license. We want to modify the current process so that the town clerk will have the designated authority to evaluate and approve these license without formal TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 66 of 98 council approval. House Bill 2334 was signed by the governor in 2018, which provides the town council with the ability to assign a designee to evaluate and approve special event liquor licenses. This proposed amendment will not only simplify the procedural aspects, but also alleviate some of the red tape associated with obtaining a recommendation for approval. Currently, the process to place an item on the agenda involves several steps, from coordinating with the clerk for agenda placement, to entering staff reports and navigating the approval process. We propose that by adopting the legislative update, we can eliminate unnecessary steps, making the process more efficient and aligned with the evolving norms. I conducted a quick poll through the clerk's Listserv and received comments from 20 municipalities. Of those, 20, 19 have designated someone, typically the clerk, to provide this approval. I do have a slide if someone could come down and it says, "Special Event Liquor License". Just so you can see the communities that responded to my question. I know that there's more out there. They just haven't responded. WELDY: Is it on video? MENDENHALL: Yes. Right there. "Special Event Liquor License" at the top. Thank you. Okay. So now during the calendar year of 2023, a total of 21 special event liquor license applications were on the agenda for approval by town council. Delegating the approval for this license to the clerk will eliminate the need for 21 licenses to be brought forward for council approval. Streamlining the special event process will allow for more timely approval for our applicants. If this requirement was in place in December, the need for a special town council meeting would not have needed to occur. But the process would have been and what it would be today if it's approved, the application would be received by our community services staff, they will review and ensure that it meets the requirements outlined in state statute, that the application is complete, any necessary diagrams are attached and that the $25 application fee is paid. Once they have concluded that they have everything they need, they will submit the application to me for approval. In conclusion, our request tonight is to enhance the operational efficiency of this process by removing the requirement for the special event liquor license to TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 67 of 98 undergo council approval. We are confident that this amendment will not only simplify our procedures, but also align our practices with the progressive legislative changes made in 2018. Staff recommends that the mayor and town council adopt ordinance 2404, providing the town clerk with a designated authority to evaluate and approve special event liquor licenses. This concludes my presentation. I'll entertain any questions the council may have. MAYOR DICKEY: Thank you. Do we have any cards on this? MENDENHALL: No, but we do have seven people who provided written statements that they're for this item. And then we had one comment card in person from Peggy Yeargin that she supports. So ten people support and approve of this change. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Thank you for your presentation, your thoughtful presentation. But since you brought it up, the applicant during the Christmas break did file for a late temporary liquor license. And you said if we had this new process in place, we would have had to call a town council meeting together over our Christmas break. So how would that have been handled? MENDENHALL: So what would happen is, like Tammy, she presented the application to Ryan in community services. He reviewed that application and would ensure that they met all the criteria, and then they would just bring it over to me and I'd sign it. And it's given back to the applicant, and then they go to the Department of Liquor for the actual license. KALIVIANAKIS: Okay. So then I guess we wouldn't have any deadlines then for these temporary liquor licenses because that one was filed late. And if they're all filed late or maybe a day or two behind, it seems like they're just all going to get approved without any regard to our town code that specifies what date they have to be filed by. MENDENHALL: No, they still have to comply with the Department of Liquor's guidelines. They can't just show up today and get one tomorrow. They may get an approval, but they're not going to get a liquor license. And plus Ryan and maybe Kevin can speak to this. He gives them a very strict deadline. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 68 of 98 KALIVIANAKIS: Although I can appreciate that, it's still -- the reason that we were called into council was because there was a deadline that was not honored. And it disturbs me that if we do it this way, then we just approved it anyway, because there's other processes that are going to be observed that are going to be the watchdogs. And the one that we didn't do, which was have a timely application get turned in. SNIPES: Just to speak to this a little bit. One thing as far as speeding up this process is it could make our window tighter to where that you could get a liquor license from us quicker. Which would enable you to go to the state and actually get your liquor license easier versus having to get it on a council agenda. The other thing that this could do is, is once we approve of a liquor license, then the town clerk could send out to all of you so you would all know that a liquor license has been approved so that you would still be in the loop of knowing what was going on in the town. KALIVIANAKIS: Oh, I can appreciate that. I don't think we're drilling down on my concern, which was our ordinance has time restrictions and deadlines, and they're not going to be observed. And I think that's problematic. And I'll just go back to the Fountain Hills Roasters, when the applicant put in an application one day late because of a personal crisis and emergency by his manager. And this council said that there are no exceptions to late filings. So this is the second time we've come back since Fountain Hills Roasters and said there are exceptions to late filings, except for the one that I put on the agenda. That one was a bridge too far. I don't understand it. And so I'm sorry, I'm not with you on this one. MAYOR DICKEY: Vice Mayor? GRZYBOWSKI: If I remember correctly, it wasn't necessarily that they were late, it was that they didn't realize we were having one meeting in December or we shifted dates or something. I didn't pull up the calendar to remind myself. But if I remember correctly, that -- so that's why it appears that they were late, but they thought they were in time for a meeting that got canceled or postponed or something, right? KALIVIANAKIS: I don't think the state of mind of the applicant is relevant here. Aaron, would the state of mind of the applicant be relevant to a late filing? TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 69 of 98 ARNSON: Well, no. Late is late, right? I mean, Mayor and council, to your point, late is late. But again, I do think the distinguishing factor, as -- I don't know who exactly just said it, but the distinguishing factor is, I think the fact that there was supposed to be a meeting where these would be approved, and we ended up not having that meeting, is that -- MENDENHALL: Right. ARNSON: Right. Okay. MENDENHALL: It was the January 3rd meeting. And so it's not -- I can understand and appreciate thinking that it's late, but technically the event was not until the 12th. So yes, they were probably behind schedule in submitting. KALIVIANAKIS: So the policy going forward is if applicants think they're on time, they are deemed to be on time. Is that the policy we're establishing? MAYOR DICKEY: Can I ask a question? How does this change the timeliness of this? It's just making it so it doesn't come to a council meeting. MENDENHALL: Right? MAYOR DICKEY: You still have to follow our rules. Correct? SNIPES: Filing time is still going to be the same, correct. MAYOR DICKEY: Okay. MENDENHALL: And I believe Ryan said that he expects 30 days or I don't recall what he -- his timeline -- SNIPES: I don't know (indiscernible), exact number of days is. GOODWIN: If I can chime in, I'll be happy to clarify a little bit. Generally speaking, the state Liquor Board requires 30 days in order to issue -- do they amend that? Yes. Can that be faster? Yes. But their general guideline is 30 days. We advise any applicant to submit an alcohol application very far in advance if they know they want that as part of their event. However, at a minimum we suggest six weeks. So that there's two weeks to hit the council date and then they have thirty days to get it down to the Department of Liquor. That being said, six weeks, if you do the math, they can still come in and they could do something potentially the same day. They could bring it in, if it's reviewed, TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 70 of 98 everyone's there, it's given the okay. And they could walk out with it same day. Therefore they would still have time to get down to the liquor board. That being said, we would still encourage 30 days. Is there anything that requires it? No, we don't have that in our requirements right now. That could be built in as part of the event application process, but again, all we are doing as a body is saying, yes, we're okay if the liquor board says it's okay with them. That being said, I have seen them approve things in seven days. I've seen them approve it in 14 days, and I have seen them tell someone too bad we're not approving it; we don't have enough time to do it. So it's a gamble that, to say the least, if they don't give themselves at least 30 days. I hope that answers -- KALIVIANAKIS: And then my last question and then I'll let it to another member is the way we do it now on the consent agenda, it's publicly noticed. It's in our agenda packet. And so the town knows who's applying for a special liquor license. And then we vote on it after we review the applicant to see if there's any past indiscretions, violations. I know Peggy has pointed it out before that, you know, certain candidates for temporary liquor license or permanent ones have a checkered past that we want to avoid giving them liquor licenses towards. So if we do it this way, the new way, would we still have the public process or would it be transparent to the citizens of Fountain Hills, or would it be more secretive and more administrative? SNIPES: Yeah, it would be an administrative -- MENDENHALL: Right. Administrative? SNIPES: -- action. MENDENHALL: Yes. It's an administrative action. KALIVIANAKIS: So no transparency? MAYOR DICKEY: Transparency to give a liquor license? I mean, I guess I'm really getting confused here. So what we're doing is saying that the same staff that brings it in front of us for approval, because you've vetted it, nothing is going to stop you from knowing if somebody is a bad actor or whatever. You're still going to do that same thing, and then it goes to the state. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 71 of 98 SNIPES: Literally. MAYOR DICKEY: So that's what we're doing, right? MENDENHALL: Right. We don't issue the liquor license -- KALIVIANAKIS: We just -- MENDENHALL: -- we just provide a recommendation of approval or denial. MCMAHON: Also. SNIPES: It's still up to the state to make that decision. KALIVIANAKIS: Yeah. I just like a public process for when people apply that I don't think we're going to have here. MCMAHON: Also you're going to do your due diligence, right? And it's on the consent agenda. I don't know that I -- I can recall any time we haven't approved -- SNIPES: I'm not aware of. MCMAHON: -- a liquor license on the consent agenda. SNIPES: Correct. MCMAHON: Right. I don't think this is purposely changing it to be secretive or anything like that. Although, I appreciate your concerns, but I just don't think that there's anything nefarious or secret about it. I think it's a expedited administrative service. And we and I don't mean to belittle what the council does and look at them and review them, et cetera, I don't even know if all of us even read them. But I just think it would be a -- it's administerial process. You're still going to have to have the state approve the license. Thank you. SNIPES: I think that the big thing here is that what we're trying to do is make it better for our residents and our business owners that are doing these temporary liquor licenses so that they cannot have to jump through so many hoops to get the same result. I think that we're still going to be doing the same review, that we always do the same recommendations. We always do, and the state's still going to have to do their review and approval prior to them getting their liquor license from the state. This just makes it so it's not as hard on the applicants to come in and get it. MAYOR DICKEY: Vice mayor? TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 72 of 98 GRZYBOWSKI: If there is concern for public notice or transparency, is there a way -- and this is just being creative. So I have no idea if I'm talking legal stuff or not. Is there a way to -- like, on our agenda, it's got the date and that it's council or whatever the commission is and the documentation where you can click and follow through. Is there a way for us to give Linda the approval? Linda does what she does, and it shows up on the agenda that she has approved it. And that way people can still follow through and see the paperwork for themselves if they choose to do so. Did that make any sense? In my head, it made a lot. ARNSON: In other words after an administrative approval process, can we like put them in the agenda or post them online? GRZYBOWSKI: Right? ARNSON: Is that the -- GRZYBOWSKI: Right. Yeah. Is there a way we can post it online? And that way, if the general public wants to know what has been approved and what the paperwork said, they can actually see it for themselves. ARNSON: Can you post them online? MENDENHALL: Sure. I can't imagine why we would do that, but I guess if people feel that we're trying to be secretive, I wouldn't want people to think that. I'm just thinking that we have the same people apply every year. I trust that they know what they're doing. KALIVIANAKIS: Ms. Mayor -- MCMAHON: It's complicating this -- MENDENHALL: Yeah. Yes. You're going to cause a little more work. It's the same work that we did before. So we were trying not to do that, but -- MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. I do like the idea of posting it. It could be the packet or whatever, but so what I was going to do is offer a motion to approve, but with the condition that it's posted either in the packet or something. That staff's okay with. KALIVIANAKIS: And if I may? TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 73 of 98 MCMAHON: Isn't that defeating? Isn't that defeating the purpose of what we're trying to accomplish here and what the request is by staff? Is so that we don't have to go through that? So no -- MENDENHALL: For me, it just added more work for me. MCMAHON: Yeah. MENDENHALL: So for me, just let it go the way it was. I mean, I already have enough work as it is. I don't need to add on something that I didn't -- MCMAHON: I'd like to amend that motion to -- MAYOR DICKEY: Nobody's seconded it yet. KALIVIANAKIS: And if I may? MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Just again, just to express my concerns, maybe more clearly. I'm just kind of in the camp of if it's not broke, don't fix it. It's been working. It works well. My philosophy towards government is I like it when things go through the legislature and it goes before the people's body. We actually talked about that today, earlier about it going before us and not somebody else. If you look at the administrative state throughout our country, this is exactly what happens. And I know this is a small step, but it's usurping a power that we currently hold and that we currently vote on, on a consent agenda. And it's delegating that authority to the administrative state. I would call it administrative creep. And I'll be the sole no here. But just on principle, I'm not going to be responsible to be in the legislature and assign my duties to other people that are not held publicly accountable. MCMAHON: I'd like to make a motion to adopt ordinance 2404 as written. Thank you. SKILLICORN: Second. MAYOR DICKEY: Councilwoman Toth, I saw your -- TOTH: I changed my mind. Thank you. MAYOR DICKEY: That's (indiscernible) works. TOTH: Yeah, the button still works. MAYOR DICKEY: Thank you. We have a motion and a second on the floor for ordinance TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 74 of 98 as written. Can I get a roll call, please? MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: No. MENDENHALL: Councilmember Friedel? FRIEDEL: No. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: No. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you very much. Thanks, Linda. MENDENHALL: You're welcome. MAYOR DICKEY: Our next item is talk about pavement management, planning, and funding. You probably all looked at the agenda item, and you know there's a lot of stuff there. But we're trying to limit a little bit what we're trying to do here tonight because this will be a agenda item on our retreat at the end of the month. So we're not necessarily doing this deep dive. We're just trying to set some overall ideas, things for you to think about before we kind of get into the more particulars of it. Justin. WELDY: Madam Mayor, councilmembers, thank you. And as we were having the discussion here and I was listening to it regarding the liquor license, of which I actually sit on the committee that reviews those. I realize that my agenda item wasn't entirely accurate. So the first thing we're going to do tonight is we're going to talk about our most recent investment. This is an update to the funding related to payment that council had approved for this fiscal year and the parts that we've done. On this first slide here, the areas that you see in orange we were able to complete in TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 75 of 98 November and December. We do have some minor utility adjustments, but we'll do all of those later on when we do the remainder of it. This area right here that's shown in yellow, we just completed this a couple of weeks ago. I want to stop on this slide for just a minute. I think it's important to note, and this is good news not only for this community as a whole, but the town manager and I are delighted to share it as well. As part of our due diligence and exploration in regards to pre-incorporation roads that were platted prior to the town but built after incorporation, there's a little misnomer there, and a little disconnect. These roads were platted in the county, but most of them built after. For clarification on that, we did not have to take out two feet of material in this area and replace all of that material, which is very costly. Instead, what we did was we took the two inches of asphalt off, plus one inch of select base course and replaced it with three inches of asphalt. There is a substantial savings to the town, the total dollar amount for the savings here, and to a lesser extent, the orange area on this slide is not yet known. I'm not going to provide a number tonight because that is the only number that will be remembered. We will bring you that factual number later on. This right here is going to be starting in the later part of February and is scheduled to be completed in March. I think it's important to note this is an exceptionally long residential street. It's going to have some improvement pain related to it. The good news is we also went out and did some geotechnical work ourselves and discovered that this also doesn't require total reconstruction and there will be a substantial savings related to this. Lastly, Panorama shown here in green. This is going to be the last thing we do with the federal monies and our funding for our general pavement maintenance this year. This one here is going to be a little bit challenging. In the next few weeks the town engineer and I, along with the street superintendent, will be out there having holes dug for us so we can determine what the base is and determine what type of treatment will take place at that. We anticipate for some of this, based on the estimates, we will have an additional savings here. With that said, the unspent monies from this year will remain in the street fund. That does not become immediately available next fiscal year because TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 76 of 98 we did not request it as part of our budget, because the audit for that would not have been done. However, it does not get spent on anything else. It remains there. It will be added to our budget, those unspent funds, year after next which we also anticipate, based on our history, that we will have some savings there. The reason I'm doing a little bit of simplified math is next year, we intend to spend the remainder of the federal funding that we utilized for paving, and then the following year there will be a little funding left over, amount unknown today, but we'll know some of that in the future. And then that will be added to our typical, on average, $2.1 million. So we're looking at about two more years where we can really address some of the needs of this community. After that, we're going to be asking some questions. Which leads us into this next little portion right here. Feel free during this time to stop me if you have any questions. Basically, it's just a little refresher on our pavement management program and our best pavement management practices based on our location, our knowledge, and industry standards. Is the first slide. This is a life cycle that is tailored to the Town of Fountain Hills based on its geography, topography, and the historically drier conditions in which the town exists. As a reminder, these are investments that this elected body and other elected bodies have spent. This is from 2010 to '16. Some pretty large numbers there. This is 2017 to '24. It's important to note that this includes the federal funding. That's that $4.2 million transfer. There was a question at the last time we presented in regards to timelines related -- should the mayor and council elect to begin having discussions related to bonding? I put this slide in there as just a reminder of the time frames. For the record, there was a little note on the top that said from the town clerk's office because she did in fact provide this information. With that, we've done our best to provide you over the last several years and including the last three presentations not only staff reports, but professional opinions. And some of those professional opinions are paid for through a Roadway Asset Services. And the survey they did and the report, the summary that they provided to us, we also had an incredible group of volunteers taking all of that same TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 77 of 98 data and all of the information that they had, and also bringing forth a proposal. There's a difference in the funding levels on those two proposals. The Roadway Asset Services is based on optimization, and prioritization. What that means is the dollar amount that we know we're going to have for that budget is put into a computer software system without anything, except for the roads that meet our current adopted standard of an average of 70. That doesn't mean everything's 70, but the stuff that's below 70. So maybe into a 65 or so is pushed to the side because it's not really a priority right now because we're in pretty good shape. But this addresses some of those lower PCIs, which is the Pavement Condition index. The second one from the volunteers, basically, does the same thing with a little bit different approach and some different numbers. There's a there's a pretty substantial change in there. Keep in mind that Roadway Asset Services is using our unit prices, slightly reduced, but not as low as our invoice prices. And let me clarify that. We entered into an agreement with our paving contractor based on a contract that the City of Scottsdale and/or Chandler approved. In the last ten years, we have not paid that unit price. We have paid substantially less. However, I'm uncomfortable using any money below that simply because the president of that company that has extended that unit pricing reduction to us at any given time could be unemployed and there's no guarantee. So I'm putting that out there. MAYOR DICKEY: Rachael? GOODWIN: And director, you mentioned PCI, the PCI ratings. WELDY: Yes. GOODWIN: And one of the -- actually the motion for tonight, the suggested action for the evening is actually to reinstitute the use of PCI as opposed to the letter grade system. Is that something you could touch on for us? WELDY: Absolutely. As part of the current pavement management program we're using, to simplify things, it was recommended that the council adopt a letter grade that references a PCI. So while we don't have any A-plus roads per se in our adoption, we do have the letter grades that represent the PCI levels. And there are three different TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 78 of 98 criterias there for the PCIs. Primarily are the arterials, which would be a B, if you would, and that's in really good shape. And then the collectors which would be a B-minus or a C-plus, again relatively good condition. And then lastly which are our local streets, which is our lowest letter grade and incidentally our biggest backlog and our lowest PCI. So a strong recommendation is that we go back to the industry standard and eliminate the letter grade and just go back to Pavement Condition Index, which is the PCI. And it's less challenging for someone like myself or one of the volunteers to explain how one is broken down into the other. MAYOR DICKEY: Thank you, I appreciate that. I wanted to take the opportunity to mention that I'm -- a member of the citizens committee is here, Jerry Butler to answer questions. I have a couple of things I'd like to say to set the tone, or at least to get like, we were talking about getting some discussions or thoughts in your mind before we actually go, oh, we do. Okay. Well, I'm going to go ahead anyway. First of all, when we talk about PCI, I think I'm all for getting away from the letter grades and going to what everybody agrees is a good way to rate the streets. I think one of the things I want to make clear at least, and you've confirmed it by talking about the fact that some of the streets we thought were going to be a certain amount and we were having some substantial savings, and since we still have the CARES money left that we're not -- I know we saw the dates there, but we're not looking at, I don't believe, any kind of bond or any kind of revenue any time before FY November. Sorry, '25. Because this is the -- sort of the gift I guess we got by these federal monies. It bought us this time to be able to substantially add millions of dollars every year. But it doesn't change the overall end how we get out from under with the roads that are on that tipping point as we've talked about before. So we have to -- do talk about that. Definitely go to the PCI. The other thing that was one of the differences between the RAS and the committee was the -- how do you use PCI? So if you use an average and you had mentioned how the arterials, right? The biggest ones are in pretty good shape. So they tend to skew the numbers. So your average may look better because Shea's in great shape. You know, you can just figure that out in your brain. So what they had decided might be a good approach TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 79 of 98 would be to say, well, should every street at least be a 65 or 70? Every street, not the average, because the average can kind of, like I say, skew the judgment of how well we're doing. You can tell the people at large, hey, we're a 70, we're doing great. And then -- but their street's a mess. So how do we want to address that? It will be on, like I say, it will be on the retreat agenda. We're going to look at -- again, you're going to bring to us what the plans will be for the future and which streets. And having maps and being really clear on what we're trying to do and why, and where that will be and where the financing will come to. One of the other conversations that we've had over since we had the CARES money, it was like a extra five million. Well, we can't get that much out the door. Well, if we do end up with eight million or so a year or whatever we think, if we go with the 40 million or we go with the 64 million, we can spend it because you had mentioned we could go out for -- something could be a different project. So we have the five million. But so we're not tied to that number because we need more than that in order to get that backlog where it needs to be. One more thing is just about reclassifying the streets. I don't know if you remember when we changed the zip code -- the zip code. This is the second time we did that. The speed limit on El Pueblo, and we talked about how it was looked at as the same as maybe like King Street, but it didn't have the same speed limit. So we wanted to kind of general -- make them align with each other. So I think regardless of what we do, that might be a good exercise for us to see if these streets -- and I know that there are certain rules about how they're classified, but there still could be some flexibility in that to say, well, there's Golden Eagle -- I know we already talked about this, and it seems like it would be more of an arterial, but it's a dead end. But is there still a way to look at it that it makes sense to us and the people that live here, so that we know what's a good strategy for each different street and why? So I just wanted to make sure I got that out. And I know we have a speaker card. So go ahead. MENDENHALL: Okay. We do. We have two speaker cards. First is Barry Wolborsky, and on deck is Jerry Butler. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 80 of 98 WOLBORSKY: I'm Barry Wolborsky, and I'm a resident of Fountain Hills. At the last council meeting, I stated that the Fountain Hills homeowners had no advocate on the town council. However, three councilmembers did seem to support the homeowners at the last meeting and I thank you for that. Now the council is considering a bond issue for somewhere between 40 and $64 million. Bond issues are due to fiscal irresponsibility and are caused by our leaders not having funded reserves for the infrastructure repair and replacement. We all know how the town's residents love to support these bond issues, and we know that now is the worst time for a bond issue due to current interest rates. We also know that 40 to 64 million is a fairly large gap, and that these numbers have changed due to the almost $10 million that the town has spent on the roads in the last two years since those numbers came up. But why worry about details when it's so much fun to spend other people's money? If this bond issue works, then the bond issue for the lake liner will work too. And when the downtown area traffic study says we need a parking structure, that would be another bond issue. And when the property values drop due to burdensome taxes and the town's revenues drop because of that, the council can just do more bond issues to fund current operations. But the roads won't be a problem anymore because there won't be many people left here to use them. Council elections are this year, and maybe the Fountain Hills homeowners will have some additional advocates on the new council. BUTLER: Mayor, council. Thank you for having us on the agenda. My name is Jerry Butler, and as the mayor said, I am a member of the citizens advisory council or committee that looked into this. That committee brought 250 years of experience to the project, to the challenge that this council gave us. We were supposed to be able to do this in six months. We started in September of '21, and here we are tonight talking about it really for the first time. And I understand now it's going to go to the retreat and congratulations. But before I go into too much more, I'd like to reflect backward. I've been here for 25 years. I'm a retired civil engineer. And in that 25 years that I've lived in this town, many of our streets have doubled in age. They're now 50 years old. When I moved here, the town was relying on the highway user revenue funds that came from TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 81 of 98 the state. And that was primarily to maintain the streets that we have in Fountain Hills. But as the streets aged, it took more than maintenance. It took repairs. It took the things that Justin and his staff are doing today. But we didn't have the money. So the speaker before me said, how did we fall behind? Well, we didn't have the money. And where does this money come from? It comes from highway users. Or it comes from the general public on how they want to maintain and sustain their community. The citizens advisory committee looked at three possible sources of revenue. A primary property tax, which has been tried before and failed. You could raise sales taxes, which this council can do all on their own without any support from the community. But that's not going to work. So historically, communities, when they needed more money to fix their investments, they relied on bonds. And that's what the citizens advisory committee has kind of moved into, is to say, well, then bonds are probably the best solution. How did we come up with 40 million? It's very detailed in the report and I'm not going to go into it. How did RAS come up with their 64 million? It's in their report and I'm not going to go into it, but we both used the same prices. The same unit costs that were given to RAS the citizens committee used. The difference is the citizens committee based the repairs on PCI numbers alone, without regard for the streets that were constructed prior to incorporation. I'm sorry. Okay. I'll try -- CLERK’S NOTE: Council Member Brenda J. Kalivianakis left the dais at 8:50 pm. And returned at 8:52 p.m. MAYOR DICKEY: (Indiscernible) presentation. BUTLER: No. The other speaker only had his three minutes. And I will end right now. But thank you very, very much. I wanted this to be a positive comment, not some negatives that I've heard all evening. So thank you, thank you. MAYOR DICKEY: Sure. FRIEDEL: Justin, I don't know if you can answer this tonight or not, but I'm wondering what's the total amount of pre-incorporated roads that need to be repaired in this town? And then if you can't answer this, you can get me the information. Then I want to know how that's broken up into residential, arterial, and collectors. If you can get me TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 82 of 98 that information at some point, I'd appreciate it. WELDY: Madam Mayor, councilmember. So about 60 percent of the total inventory is platted in Maricopa County. That's pre-incorporation. Of that percentage, about another 10 to 12 percent is nonlocal. So the majority of the town's roads are local or residential. MAYOR DICKEY: And as he started out tonight, though, by saying, if we go strictly by a date, that's we're finding that those roads, even though they're old, didn't need as much as we thought. So that's I think, part of that is the crux of why the difference between the 40 and the 64, instead of looking at something that was from 1989, before 1999, saying, okay, they all are going to need this kind of treatment. And also there's other things like paving just where the driving is. I mean, it just we have to be as practical as we can be. So are we going to pave all the way to the ends? Are we going to try to be creative in a way to save? So it's not the 64 million, but. Yeah. WELDY: In reference to that. And if I may, Madam Mayor, let's just pick King Street. King Street is 60 feet wide. When it was platted and designed, it was intended to have two lanes in each direction with a center two-way left turn lane that was based on a build out population of 70,000. I'm not sure that the Town of Fountain Hills is going to reach 70,000, but I'm also not in a position to say it's not. With that said, other municipal governments with limited funding in regards to those unnecessarily wide roads, they would just concentrate on the travel lanes and the two-way left turn lane. So that's basically a 12-foot, 12-foot, 12-foot do whatever is necessary to bring that up to your current subdivision standards. For the remainder, what we'll refer to as the bike lane and/or the shoulder or parking lane, an alternative treatment. There are several. The least expensive one is going to be to crack fill it and use a preservative seal. That's basically rejuvenates the asphalt and fills the cracks. The next one is to crack fill it and use a type 2 polymer. So that is an actual coating that has full fractured aggregate or small rocks in it, angular rocks. The next one, which is we refer to it as an edge mill. And let me explain that. We come in with a grinder and grind down right next to the curb, and then taper that grind towards the travel lane and put down a chip seal with a TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 83 of 98 cape. As a reference, the council approved a chip seal with a cape on Chama, as a pilot program. We have learned an incredible amount of valuable lessons there. We had an opportunity, and when I say we, collectively the town staff. Part of Chama was platted pre-incorporation, but built after incorporation to the subdivision standards, and part of it was not. So the second part of it was in relatively rough condition. We did not apply a lot of treatment to that. We simply coated it and put a cape on it. For the first few days it looked amazing, looked like a brand new road until you got a little bit closer and it was a little wobbly. As time has gone on, it has held out incredibly well. However, those little voids and what we refer to as gatoring, that's a bunch, hundreds and thousands of pieces of asphalt, four or five inches in diameter. They're starting to reveal themselves, however, on the newer portion that was built post-incorporation, I think some crack filling would have really made a big difference in that. And that one, in regards to maintenance, is probably moved out beyond the nine- or ten-year mark because that treatment is going to work really, really well. Another example is El Lago, between Fountain Hills Boulevard and Palisades. Again, we came before the council, we asked for permission for an alternative to the most expensive, which is total reconstruction and repaving. In that one our approach was, we had several areas in the travel lanes that were in bad condition. We milled those out, replaced them. We had some of the intersections where you have a lot of turning movement from commercial vehicles, be that refuse or possibly the school or materials being delivered for a new home that's being constructed. In those intersections, you have some other issues that have to be addressed. We did so; we also crack filled it and then we added a type 2 polymer. And the end result is El Lago still looks really, really good. Are we having some minor issues with it? Absolutely. We refer to it as reflective cracking. That's when the existing cracking starts to show through your new treatment. Not uncommon. So there are alternatives it still allows for the mayor and council to do the best they can with the funding they have, while they're trying to plan for the future in regards to some of the treatments that I just described. The bottom line is, it's one of the largest, if not TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 84 of 98 the largest asset that belongs to this community, and it simply has not had funding for the longest time that was adequate enough to keep up with the maintenance. Prior to coming to this elected body, I had done an incredible amount of reading, and one of the primary reasons for incorporation was roads. SKILLICORN: Thank you, Madam Mayor. Director, would you mind going back to the display? Excuse me? There was a Excel -- yeah, the '17 to '24. And I was going to ask the '24 here, this number here, I know we don't have numbers for what we've been working on this year, and I was going to ask when we're going to have the numbers for this year that -- the road work that we've done this year, the total amounts. Do you have an estimate when we're going to have that number? WELDY: Madam Mayor, councilmember, I'll return to the mayor and council, probably in the last meeting in May or early meeting in June. By that time we would have completed everything that was on the list, and any minor issues related to that would be resolved in final invoicing completed. SKILLICORN: Okay. And this is a good chart to take a look at. Another question I have is, if we go ahead with this recommended motion of going to PCI, how does that help us and help you, help the residents and prioritize the streets that are more in need? Could you go through that -- please explain that a little more for us? WELDY: Madam Mayor, councilmember, so what we're doing is we're simplifying it. Anyone in this audience or watching on TV or listening and they're curious, whenever they would go and look to see what their road may or may not be through a letter grade, it's going to come up zero. The only thing you're going to get when you use any one of your search engines is Town of Fountain Hills adopts letter grade with an explanation from myself in there about how we arrived at that. If they look at one of our charts after they hear me say, the average PCI for this section of the road is less than 45, they can then go and look at that, and that also allows the councilmembers and the residents to be able to compare. Because not only is it going to tell you or give you the definitions of a 45 PCI, but it's going to include cracks, whether you got longitudinal cracks, whether you've got graders, or whether it's block. So there's some descriptions TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 85 of 98 in there that help them better understand why they may or may not have a higher or lower PCI rating based on those conditions. And it's basically the industry standard. SKILLICORN: Madam Mayor, Director, so I'll just rephrase a little bit. So I completely get we've got a low traffic road that's at a 48. Right? And there's an adjacent higher traffic road that flows into that. Right? That might be at a 52. That 52 could very well be a much higher priority. So how do we gauge that and how does that work with the score? And how do we communicate that to the residents? WELDY: So there's a couple of questions there. And let's first discuss priorities. So the priorities are arterials, collectors, and then lastly locals. And the locals are the majority. So that is the residential streets. In regards to conveying it to a resident that has a question, the local roads as a whole are going to, at least outside of the gated communities, are going to have a much lower PCI rating right now because that's our biggest backlog. The road adjacent to that, and now we're going to get a little bit more complicated into sub-category classifications. A minor collector might be feeding that local road, and that PCI might be in the mid-50s for a section of it, or above 65 or 70 for another section. And so you can simply just explain that the PCI equates to the level of service. What do you want your road to ride like when you drive on it and/or walk on it or cycle on it? Do you want it to be a 60 or 70 or 40 or a 50? The only one that has anything higher, by the way, is Paradise Valley. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. You said something that really intrigued me. And when I first moved to Fountain Hills, I noticed that some of the roads were just unusually wide. And then you said there's a 60-foot road that we could repair the two driving lanes, which, if my calculations are right, that'd be like 20 feet? And then there'd be 20 feet on each side that would not be repaired. WELDY: So Madam Mayor, Councilmember, what we would propose is the travel lanes, which are 12 feet wide. KALIVIANAKIS: 12 feet? Okay. WELDEY: And then two-way left turn is a 12-footer. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 86 of 98 KALIVIANAKIS: Okay. WELDY: So three 12s. And the remainder of that would not receive the same treatment. KALIVIANAKIS: Okay. And that would just be designated, like parking and a bike lane? WELDY: Yes, that is correct. It would be -- when we restriped it. KALIVIANAKIS: Yeah. WELDY: Which we've recently done, El Lago. I could go down a long list where we've actually created a bike lane and a shoulder. That's what we would do there. We would have an eight-foot shoulder and a five-foot bike lane, or an eight-foot shoulder and a four-foot bike lane. I could go through any number of quantifying the width on the shoulder and the bike lane. But the travel lanes and the two-way left turn -- KALIVIANAKIS: Yeah. WELDY: -- is the most critical. KALIVIANAKIS: It's like the one that people talk to me a lot about is Palomino. And I think that's a pre-incorporation road. And is that 60 feet, Palomino? I know that's another real wide one. WELDY: It is. It's 60 feet wide. KALIVIANAKIS: Yeah. WELDY: Ironically, a small section of it is about 65 PCI because it was built in the well, late 90s, early 2000s, but the remainder of it was built, because keep in mind, it's long and wide. And so it was built in segments. And so it's not all the same age, but there is a short piece of it that's in relatively good condition because the developer that built those homes redid the road in front of his homes for obvious reasons. KALIVIANAKIS: Okay. WELDY: So that creates a challenge. KALIVIANAKIS: And so last question. And so if we were to redo Palomino, would we retrench the driving lanes and the turning lanes, or would this be pavement laid on top of pre-incorporation roads? WELDY: So there's two questions there, Councilmember. One of them is prior to us TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 87 of 98 going in there, we would go and do our self-exploratory geotechnical on it and make a determination whether or not we needed to go down 18 inches or just go down 3.5 or 4 inches and put new pavement. One of the less expensive alternatives is to concentrate on the travel lanes and the two-way left turn lane. And I have proposed this, and it's not been well received in regards to Palomino. When the funding is available that Palomino needs to be substantially reduced in width and when that project is underway, add sidewalk. Because the sidewalk would now be going on the flat part of the road as opposed to those steep driveways. Narrowing it is an excellent form of traffic calming, but it also reduces the future cost for maintenance. So theoretically, because that is -- and what we'll refer to that is a major collector subclassification. It's a major collector. So it would have a 12-foot travel lane, two of them, and a 12-foot, two-way left turn lane, a 8-foot shoulder, and a 4-foot bike lane. And then a four-foot or five-foot sidewalk included. KALIVIANAKIS: Okay. That sounds innovative, creative, and you got my vote. MAYOR DICKEY: So since there's really only one action item and really just to change the terminology so that whatever we look, we can find what we're doing here, go from the ABCs to the PCI rating. If somebody wouldn't mind making a motion to do that? FRIEDEL: Move to approve that. TOTH: Second. MAYOR DICKEY: Thank you. Can we please get a roll call? MENDENHALL: Yes. Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Permission to explain my vote? I just want to remind people that back last June, I did propose $1.3 million of savings to be applied to roads and also made a motion to take the additional funds, end of year funds. You can almost say surplus, the 4.9 and apply it to roads. So that would give us a very healthy balance. And if we did TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 88 of 98 that every year we could pay as we go very easily. And with that, I vote 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. More to come. We really appreciate all your work. All your work back there, the committee and RAS. It's a complicated issue. Thank you. Our last item is about the League of Cities and Towns and the legislative bulletins that we've gotten and the calls that we've kind of been on on the Monday mornings. If anybody wants to kick it off, I'd appreciate it. MCMAHON: I'd like to. Based on the calls we've had, there's been a couple of bills that I think that we need to stand up for. I think that SB1361, regarding regulation of sober homes would be one that we would like to weigh in on. Also HB2518, I think, isn't that the one that prohibits local governments from regulating their housing designs and things like that? So if that is -- pardon me. No that's SB11. MAYOR DICKEY: 518 is a good one. MCMAHON: That's right. It's SB1112. I think we need to vote against because it's too prohibitive for municipalities. And HB2593, the public records time frame is unreasonable. And also HB2325 something about backyard chickens regulation prohibiting the towns from regulating that. I think that one needs to be voted against as well. MAYOR DICKEY: Thank you. MCMAHON: You're welcome. MAYOR DICKEY: What was the third one you said or the -- you said 1361? And which was the -- MCMAHON I said 1361, 1284, 1361, 41285. Well, no, I didn't say that one yet. Sorry. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 89 of 98 41361. And the 2518 the municipality's housing needs assessment. I think that was the one that they recommended we all -- MAYOR DICKEY: Support. MCMAHON: Support. The other one, HB 2325, they're calling it the chicken one, say no to. And HB2593 the public records prohibitive, and the SB1112 is prohibitive, regarding how we can govern and regulate the home design and restrictions, et cetera. MAYOR DICKEY: Good. MCMAHON: Sorry about that. MAYOR DICKEY: No. That's good. And the Senate bill that you said is exactly the same as a House bill. It's like a -- GRZYBOWSKI: That's 1112. MAYOR DICKEY: -- twin bill. Yeah. So it's 2570 and 1112 are both the same. And the, the one that's really pretty relevant here is 2297, which would make commercial zoning -- that you'd have to allow residential by right. Like I said, it would make our life easier, but basically, it's like no public input, anything. It's just residential mixed use. If it's commercial, it can do that without any rezoning or -- it's pretty interesting that one. So I think we should definitely be against that one. The 2275, which is Aaron, we talked about that one because if you have a settlement agreement as a town, if there's something going on, you have a settlement agreement, it imposes reporting and approval requirements on cities. So basically you'd have to get -- it would have to go through the governor and JLAC. We'd have to go through Council of House and the Senate and negotiations. So -- so if it's something between us and the town and a developer or the town and a business or whatever, a resident we couldn't even make the settlement on our own. We couldn't negotiate the settlement on our own. So that one I think we would definitely want to oppose. So 2297. Another one that we're for is 2111, which is helpful for the sober living homes, also because it gives some tools to DHS to allow them to do more investigations and such. So that would help the cities. So we would support that one too, because it helps dive into some of that sober living home -- some of those sober living home issues. Just TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 90 of 98 looking real quick if there were any others that had to do with zoning. 2584, that one residential materials, we couldn't require materials or restricts the ability of cities and towns to set standards. Yeah. MCMAHON: That's SB1112 as well, I think. MAYOR DICKEY: That's a different one. MCMAHON: Oh. MAYOR DICKEY: Yeah. This one has to do with like if you live somewhere where there's flooding and you wouldn't be able to be allowed to have certain culverts or certain requirements, like if you live in Flagstaff and you have fires and stuff. So it takes away any of that local decision-making, which in general is usually what we're not in favor of anyways. Oh so short term rental ones that are really good that probably won't see the light of day, but 1205 and 2489 they are -- Senator Kavanagh is sponsoring these bills. They're they were League resolutions so those would be great. And I know there's a group of people that are upset about a lot of short term rentals and such, and it would help, like there'd be distances between them and caps on how many there had to be and that kind of thing. So those are -- we really want to support those. Okay. Yeah. So that's it. And there's a group of people in Fountain Hills really interested in those, and they've been doing a lot of emailing and stuff, so maybe they'll get them to put it on an agenda somewhere. If anybody has any questions about any of them you know, happy to let you know. We got these big explanations for each of them, but I don't want to go into that all now. So you got -- you were writing down, I saw. So can we decide that we want to take those positions as a council? And some of that is going to be we're too late for the request to speak. So I think we might need to do an email. And if it's a senate bill to the Senate President or the Senate and then or to the caucuses, and if it's a house bill to the House, because I think some of them have already gotten out of committee. So, you might have to ask a little bit about how to do that. TOTH: Okay. I'm good. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 91 of 98 MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor, so a couple of things, like that last one. Like I see there's no hearings scheduled for it. And at this time, I don't expect it to get a hearing. The only one that I would be comfortable adding -- I mean, there's a couple of them, like the materials and stuff. I think I've already RTS against it. But the only one I'd really be comfortable doing as a council person would be the sober home regulation. And that one, I don't foresee many changes. I've talked to the sponsor about it. He's not open to a couple other changes, but he didn't write the bills, but. And it's probably going to move as is. MAYOR DICKEY: So you don't. Well, we're going to probably vote to take a stand on these other bills. So -- SKILLICORN: I mean, if you want to put up the number and we'll look at them and vote up or down, that's fine. But well, put the number on it and we'll -- I would suggest looking it up. Because some of them I know you support, some of you don't support, there's, you know, obviously the yes or no matters. MAYOR DICKEY: Right? SKILLICORN: Yeah. MAYOR DICKEY: It's just a matter of -- I mean, basically these are the positions of the League of Cities and Towns. SKILLICORN: I would just suggest if there's ones that are important to you, we make them -- go with motions on -- if it's two bills, it's three bills or ten bills. That's what I would suggest. MCMAHON: But you've been attending the League legislative sessions, right? As most of us have. So for me, I understand what the bills are and what I'm voting for or against, as I said. So. MAYOR DICKEY: Councilwoman Toth, did you have something? No? I mean, would you be able to read through what I said and then we can vote on whether we're going to take those positions? GOODWIN: Sure. Between Aaron and I, we can take care of that. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 92 of 98 MAYOR DICKEY: And Peggy. MCMAHON: Thank you. ARNSON: Start with the easy ones. Sober living homes. GOODWIN: Yes. Before we start, is anybody going to be Googling these so that you have the verbiage in front of you? Or do we feel like everyone is pretty comfortable if we kind of give a brief synopsis of each one? MAYOR DICKEY: Yeah. GOODWIN: Okay. ARNSON: Sober living. GOODWIN: Yes. ARNSON: HB 2111. GOODWIN: Yes. So the sober living, the SB1361 and I'm sorry, what was the partner one? ARNSON: HB2111. GOODWIN: 2111. So those are the two sober living. Those are the twin ones. It sounded like there was support for supporting those two. MAYOR DICKEY: Yeah. GOODWIN: Okay. Great. ARNSON: We want to do the -- GOODWIN: HB -- I've got support here listed for the HB2578. ARNSON: Let's continue with doing the short term rental ones. HB1205, HB2489. GOODWIN: Yep. ARNSON: For support. Sorry I'm just -- GOODWIN: No, that's okay. ARNSON: -- you're not -- GOODWIN: Yeah. No, that's right. These are again, these are kind of the ones that came up. The short term rental items, the SB1205 and the HB2489. Again, those are both the League supported items. Okay. MAYOR DICKEY: Yes. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 93 of 98 ARNSON: What was 2518? Do you know what that was? GOODWIN: 2518, I do, and I -- GRZYBOWSKI: My notes on that say municipalities housing needs assessment, zoning. GOODWIN: Yes. GRZYBOWSKI: Gress -- the name on it. GOODWIN: Yes. GRZYBOWSKI: And that was a yes, a support. GOODWIN: It is. That's another League supported one. It removes the requirement that notices pertaining to public hearings on zoning ordinances be published at least one newspaper, et cetera. SKILLICORN: Yeah, that's one that I cannot support. That's not very transparent. MAYOR DICKEY: It's -- oh, sorry. SKILLICORN: Yeah. MAYOR DICKEY: The one that from Gress? SKILLICORN: Yeah. Madam Mayor, it eliminates notice requirements. It would just jam through zoning changes so neighbors would know. I could not support that. ARNSON: And I think that's the collective position of the council, actually. Right? MAYOR DICKEY: No, no. It's -- ARNSON: Okay. MAYOR DICKEY: Well, according to the League -- ARNSON: (Indiscernible) I apologize. MAYOR DICKEY: -- there's a compromise that we're going to get behind a 180-day shot clock to rezone some exceptions. So we had a little bit of issues with that. But then they have discretionary decision-making council, public process, and feel like they could meet the rezoning request. We don't need to take a position on this one necessarily. Because I think that the League was sort of lukewarm on it, but they're supporting it, I think, to be for a compromise. But so we can take that one off. And that would help what Allen wants too. GOODWIN: Okay. We have the twin bills again, the HB2570 and the SB1112. Those are TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 94 of 98 the -- that's. MCMAHON: Opposed. ARNSON: Yeah. Those are the ones that - GOODWIN: Yes. MAYOR DICKEY: No setbacks, no requirements, no HOAs, no nothing. Okay. SKILLICORN: Great. Okay. ARNSON: Public records HB2593. SKILLICORN: I am in support of that bill. ARNSON: So what do you want to do? GOODWIN: That's the public records one. MAYOR DICKEY: Yeah, that's the one. I don't think Linda would like that one very much. Yeah. We can still keep that one on. Because I think that -- it has punitive parts to it, if we don't get public records out within five days of a request of acknowledgment that it was received and when it will be fulfilled. We all know that there's times where we have quite a few, so I don't think -- yeah. The League is opposed to that as well. 2593. ARNSON: Agree. GOODWIN: Correct. We have the aforementioned chicken item, HB2325, which allows backyard chickens in -- SKILLICORN: And I am in support of that. GRZYBOWSKI: In case anybody was wondering, it's a half-acre. You're allowed six chickens, according to this bill. MAYOR DICKEY: Well, but yeah, I think they were allowing that -- I think that was the only problem that the League had with it was the small size of the lot. So I'm not really that against that one. So but I'm -- it's up to you guys if you want to. SKILLICORN: I believe there's people in town that would like chickens. So I'm also. TOTH: I'm also in support of the chicken bill. SKILLICORN: I actually know of scofflaws -- GRZYBOWSKI: I do know that there are people that in town that would support chickens, but I think a half-acre is too small. TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 95 of 98 MAYOR DICKEY: That's the only problem. We may be able to support it. SKILLICORN: And on that half-acre size, it's actually a pretty much a nationwide standard. But most states allow on half an acre or less. FRIEDEL: I'm not willing to fry an egg on this one. MAYOR DICKEY: Let's take that out. If we take that out, are we going to get your support on some of these? Take the chickens out? MCMAHON: (Indiscernible) from any regulation of it. MAYOR DICKEY: I think this bill is going to be amended and that will be fine, but we're whatever you want to do, I don't know. GOODWIN: We have the 2297, which is the adaptive reuse. MAYOR DICKEY: Yeah. That one's no good. SKILLICORN: The commercial? MAYOR DICKEY: Yeah. SKILLICORN: 22 what? GOODWIN: 97. Yes. The commercial one. Um-hum. The adaptive reuse for commercial buildings. SKILLICORN: I'm opposed. I'm very opposed. MAYOR DICKEY: I would think so. After everything we've been through. GOODWIN: We have the 2275, which is the settlement agreement. MAYOR DICKEY: Oh, yeah. No. SKILLICORN: So I actually like the idea of this. Settlement agreements is consent decrees of extra -- are causing taxpayer money to fly out the window to the federal government and courts and such. And it would save taxpayers a lot of money to say no to some of these consent decrees. And there's a battle in Scottsdale, in Phoenix right now over a consent decree -- and that's what this is about. This is probably the state putting its nose in the business. But it would pull back some -- it would actually give the state and locals more power and not -- and actually take some power back from the federal government. MAYOR DICKEY: Aaron, earlier you said something about -- not confidentiality. But you TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 96 of 98 know, when you're talking to -- when you're talking to somebody and you're doing the legal work. ARNSON: Attorney-client privilege. MAYOR DICKEY: Yeah. And you said that this would breach that, because if we had something that we were working out with a developer, then we'd have to tell the JLAC, the governor's office, and the council of the House and the Senate of any negotiations that we were doing. ARNSON: If you're ever a part of settlement negotiations, this throws such huge wrenches into those negotiations. You can't settle stuff between the insurer and the insured without interjection from the legislative process. You have privilege issues. You have autonomy of settling basically any case that's of any significant dollar value without there being a whole extraneous process. So I mean, from the attorney's position, which is just my legal view, policy positions aside, I totally disfavor the idea. MAYOR DICKEY: Thank you. Is that it? ARNSON: No. Building materials, last one. GOODWIN: Was it 2584? ARNSON: Yes. GOODWIN: The building materials. MAYOR DICKEY: Oh, yeah. GOODWIN: Okay. I think that gets us through them all. MAYOR DICKEY: I think most of us are good with that. And obviously things will change by the minute and we'll see. Okay. All right. Next is our discussion direction. So we had some folks speak, looking at our substance of -- wait, it was our ordinance. The Coalition was asking us to look at some stuff. They sound like they had something specific in mind. So we might want to see what they were talking about? GOODWIN: We can certainly circle back with them. MAYOR DICKEY: Awesome. And then we were asked to look again at our ethics. And I think as far as the whole rules and procedure, there are things that we were going to TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 97 of 98 look at. So I think we just add that to the list, please. And then anything else from the public or anything that you that we need to circle back on? So our last item is the future agenda items. Councilman? SKILLICORN: Madam Mayor, I've got a couple. One, we received some emails from a resident about something acknowledging Pluto. I kind of want -- I don't want to spend lots of time on this, but I think that someone more create -- the former planet Pluto. I saw a look of confusion there. FRIEDEL: I watch Disney with my children. MAYOR DICKEY: The planet. SKILLICORN: Well, yeah. Not the dog. Not the dog. The -- MAYOR DICKEY: The planetary one? SKILLICORN: Yeah. Since that was discovered by the Flagstaff Observatory, we have a Dark Sky Center. I wonder if someone more creative than me would come up with an idea, like, of naming the parking lot after Pluto or something fun like that, but maybe staff could bump it around, and then we could spend just a few minutes talking about the retreat. Something also with the retreat, I'd love to talk about a commercial kitchen in the community center. And then also hopefully before the retreat, I'd like to amend our DEI policy for the town. GRZYBOWSKI: Do we have one? SKILLICORN: Exactly. GOODWIN: So just to clarify, are you looking to propose one or. SKILLICORN: Yes. GOODWIN: Or you'd like us to propose one? SKILLICORN: Yeah. I've got ideal language that I'd like to propose. GOODWIN: Okay. Is that something you're willing to share so that we can get an item together? SKILLICORN: Yeah. GOODWIN: Okay. Great. MAYOR DICKEY: Sorry. Councilwoman? TOWN OF FOUNTAIN HILLS FEBRUARY 6, 2024 TOWN COUNCIL MEETING MINUTES Page 98 of 98 TOTH: If he needs a second, I second all of those. Justice for Pluto. SKILLICORN: Maybe she's the creative one that can think of our tribute. TOTH: I'm on it. MAYOR DICKEY: Let's see. Okay. The commercial kitchen thing, I don't know that that's a discussion for that has to be on an agenda. But you know, we'll talk about it. GOODWIN: I think he mentioned having it at the retreat. MAYOR DICKEY: Oh. SKILLICORN: I think that that would be a good place for it. GOODWIN: That's totally fine. SKILLICORN: So I don't think that we're ready to provide direction, but have it see what consensus is, see what our vision is. MAYOR DICKEY: You mean like as a capital improvement item for the retreat? SKILLICORN: There's been talk about that for a while, but what does it look like? What is it? I think we need -- and then we can specify that because we don't -- I think there's a vision we can come together to create and then ask staff to make it happen. GOODWIN: Noted. Thank you. MAYOR DICKEY: All right. Thank you. Anything else for the good of the order? All right. We are adjourned. Thank you. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on February 6, 2024, at 9:31 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 6th day of February 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 19th Day of March 2024. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Kukkola Sonia, Financial Services Technician Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Permanent Extension of Premise for the All American Sports Grill, located at 16872 E Ave of the Fountains, Fountain Hills, AZ 85268.  Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding a permanent extension of premises submitted by Samir Yono, agent of All American Sports Grill, for submission to the Arizona Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance with Town Ordinances. Related Ordinance, Policy or Guiding Principle A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the permanent extension of premises liquor license application. SUGGESTED MOTION MOVE to approve a permanent extension of premises liquor license application for All American Sports Grill.   Attachments Permanent Extension of Premise - All American Sports Grill  Form Review Inbox Reviewed By Date Finance Director David Pock 03/05/2024 09:45 AM Town Attorney Aaron D. Arnson 03/06/2024 09:44 AM Town Manager Rachael Goodwin 03/07/2024 02:59 PM Form Started By: Linda Mendenhall Started On: 02/13/2024 03:06 PM Final Approval Date: 03/07/2024  ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 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 2024-09, abandoning the 10' Public Utility and Drainage Easement along the south side of 15027 E Palomino Boulevard (Application A24-000004) Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement along the south property line of Plat 604-A, Block 4, Lot 4 (15027 E Palomino Boulevard).  Jonathan Malis and Paula Stefan, 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 2024-09 SUGGESTED MOTION MOVE to adopt Resolution 2024-09 Attachments Vicinity Map  Aerial Photo Map  Res 2024-09  Exhibit A: Survey  Form Review Inbox Reviewed By Date Development Services Director John Wesley 02/28/2024 08:13 AM Town Attorney Aaron D. Arnson 02/28/2024 09:13 AM Town Manager Rachael Goodwin 03/07/2024 10:13 AM Form Started By: David Janover Started On: 02/22/2024 05:01 PM Final Approval Date: 03/07/2024  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 PALISA 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 F O U N T A I N H I L L S B L V D SUN R I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUNT 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 C L U B D R CR E S T V I E W D R PALO M I N O B L V D 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 VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is A r i z o n a F O U N T AIN HI L L S TOWN 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 15027 E Palomino Blvd A24-000004 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: R1-8 LOT 4 LEGEND: PHOTO MAP 2023 AERIAL A24-000004 E P A L O M I N O B L V D ABANDON 10' P.U.E. & D.E. LOT 3 LOT 5 RESOLUTION 2024-09 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 EASEMENT ALONG THE SOUTHERN PROPERTY LINE OF PLAT 604-A, BLOCK 4, LOT 4 (15027 E PALOMINO BOULEVARD) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 165 OF MAPS, PAGE 16 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 easement, located at the southern property line of Plat 604-A, Block 4, Lot 4 (15027 E Palomino Boulevard) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 165 of Maps, Page 16, 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 March 19, 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 4 A24-000004 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  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 Resolution 2024-013, Intergovernmental Agreement (IGA) with the State of Arizona for a Safe Routes to School (SRTS) support activities grant. Staff Summary (Background) In 2015, the Maricopa Association of Governments (MAG) Strategic Transportation Safety Plan established a regional goal to “promote and administer Safe Routes to School framework studies to identify school traffic issues through the MAG Transpiration Alternatives (TA) non-infrastructure program". SRTS is a federally funded program that empowers communities to create safe, convenient, and fun opportunities for children to walk and bicycle to and from schools. The program makes funding available for a wide variety of programs and projects, from building safer street crossings to establishing programs that encourage children and their parents to walk and bicycle safely to school. In July 2019, the Town submitted to MAG for a SRTS support activities grant application. The application was for a MAG 94% funded non-infrastructure grant to help fund support activities that will educate and implement SRTS agendas. This may include wages for a school SRTS coordinator, safety gear (helmets, vests, etc.) and incentive prizes. The total anticipated fees are $15,480, where the Town's contribution would be $883. Town staff were able to offset the matching funds' requirement with in-kind services. In doing so, no funding will be allocated from the Town budget for this grant. The Town will manage fund distribution to ensure grant funds are properly applied to fund activities that fall under the grant's acceptable activities. Project Background The Town of Fountain Hills was awarded TA non-infrastructure federal aid administered through MAG in December 2023. Working with an engineering consultant (Burgess and Niple), as well as coordinating with the Arizona Department of Transportation (ADOT), this federal aid funded a SRTS study. Conducted at Fountain Hills Middle School, High School, Little Falcons Preschool and McDowell Mountain Elementary School, the overall purpose of the study was to identify potential safety hazards, circulation issues, and any barriers related to walking and biking to and from school. Town staff held a stakeholder meeting at McDowell Mountain Middle School on February 17, 2023. Town staff held a stakeholder meeting at McDowell Mountain Middle School on February 17, 2023. Stakeholders attending the meeting included: Fountain Hills Unified School District, Arizona Department of Transportation, Maricopa County Sheriff's Office and the engineering consultants (Burgess and Niple). On-site observations were conducted in the Spring of 2023 during peak drop-off and pick-up times at each school. In addition to the logistical observations, surveys were distributed to students and parents in the school system. These surveys inquired about students’ primary method of getting to and from school, how often they walked or biked, and perceived feelings of safety associated with each mode of transportation. Since the initial observations were performed, there were several campus changes within Fountain Hills. The once sole High School has since become a combined Middle School and High School campus, while McDowell Mountain Elementary School now operates as Little Falcons Preschool.  The observations recorded are relevant to the study and were utilized by the Town’s consultant in preparation of the final report. Project Recommendation The final Burgess and Niple report provided solutions to the Town and schools as to how to improve the safety related to and promoting walking and cycling for students. As a result of the efforts that took place during this study, recommendations including education, encouragement, enforcement, evaluation and engineering were prepared and are presented in the final report. In addition to recommended solutions, this study includes an implementation plan to show potential timelines, programs, and funding sources that can be used.   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis Not approving the IGA will have a negative effect on future grant funding opportunities.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the IGA as presented SUGGESTED MOTION MOVE to Approve Resolution 2024-013, Intergovernmental Agreement (IGA) with the State of Arizona for a Safe Routes to School (SRTS) support activities Grant and any associated budget transfers. 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 Attachments IGA  High School Final Report  Elementary School Final Report  High School & Middle Newsletter  Elementary School Newsletter  Preschool Newsletter  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 03/07/2024 12:22 PM Finance Director David Pock 03/07/2024 12:57 PM Town Attorney Aaron D. Arnson 03/08/2024 01:14 PM Town Manager Rachael Goodwin 03/11/2024 09:10 AM Form Started By: Justin Weldy Started On: 02/22/2024 05:23 PM Final Approval Date: 03/11/2024  Page 1 of 9 ADOT CAR No.: IGA 23-0009558-I AG Contract No.: P0012024000372 Project Location/Name: McDowell Mountain Elementary–Fountain Hills Middle–Fountain Hills High Schools Type of Work: Safe Routes to School Support Activity Federal-aid No.: SRTS-FTH-0(211)D ADOT Project No.: T052501X TIP/STIP No.: FTH-24-070 Budget Source Item No.: NA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF FOUNTAIN HILLS THIS AGREEMENT is entered into this date ________________________________, pursuant to the Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “State” or “ADOT”) and the TOWN OF FOUNTAIN HILLS, acting by and through its MAYOR and TOWN COUNCIL (the “Town” or “Local Agency”). The State and the Local Agency are each individually referred to as a “Party” and are collectively referred to as “Parties”. I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Local Agency is empowered by A.R.S. § 9-240 to enter into this Agreement and has resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Local Agency. 3. The Safe Routes to School Program (SRTS) was established in August 2005 as part of SAFETEA-LU, Section 1404 of this legislation provides funding (for the first time) for State Departments of Transportation to create and administer SRTS programs. This is a one-school-year non-infrastructure project in which the recipient has eighteen (18) to twenty-four (24) months to expend the funds, unless otherwise specified. The State and the Local Agency have identified programs within the Local Agency as eligible for this funding. 4. The purpose of this Agreement between the State and the Local Agency is to allow the State to acquire federal funds to support a stipend for a SRTS Coordinator to work with a student team to develop program communication strategies, promotion of safety activities, and milestone awards “Project”. The Project includes incentives that may consists of bike decals, helmets, and bike safety devices/gear, and purchase of crossing guard vests. The Local Agency will procure supplies or services following the State procurement process or utilizing an established ADOT procurement contract. The Project cost, as shown in Exhibit A, is estimated at $15,480.00, which includes federal aid and the Local Agency’s match. The IGA 23-0009558-I Page 2 of 9 Local Agency will be reimbursed an amount not to exceed $14,598.00 for eligible costs incurred as detailed below. 5. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the Local Agency and authorization of such federal funds for the Project pursuant to federal law and regulations. The State shall be the designated agent for the Local Agency for the Project, if the Project is approved by FHWA and funds for the Project are available. 6. The foregoing Recitals and Exhibit A shall be incorporated into this Agreement. In consideration of the mutual terms expressed herein, the Parties agree as follows: II. SCOPE OF WORK 1. The State will: a. Execute this Agreement, and if the Project is approved by FHWA and funds for the Project are available, be the Local Agency’s designated agent for the Project. b. Review and approve the SRTS application submitted by the Local Agency. Verify the Local Agency demonstrates the ability to meet the SRTS requirements. c. After funding is authorized, send a Notice to Proceed (“NTP”) letter and coordinate with the Local Agency. d. Within 30 days of receipt, review, and approval of invoice(s) and documentation of payment for the Project, reimburse the Local Agency for eligible costs incurred not to exceed $14,598.00, as shown in Exhibit A. Any costs incurred prior to the date of the official SRTS NTP will not be eligible for reimbursement. e. Continuously evaluate the Local Agency’s program based on the regular submittal of evaluation data and the number of participating students. Should either of these not be met, the State maintains the right to discontinue the award. 2. The Local Agency will: a. Designate the State as the Local Agency’s authorized agent for the Project. b. After receipt of the NTP, begin SRTS Program and activities. c. Make all payments directly to the vendor(s), and be responsible for all costs incurred for the Payment subject to reimbursement by the State as provided herein. d. Within 30 days of payment to a vendor, not less than quarterly, complete and submit an invoice on ADOT’s Progress Payment Report (Exhibit B), attached and made a part of this Agreement, to the State for review and approval, of eligible costs incurred for the Project not to exceed $14,598.00. Any costs incurred prior to the date of the official SRTS Notice to Proceed will not be eligible for reimbursement. IGA 23-0009558-I Page 3 of 9 e. Communicate regularly with the ADOT Program Coordinator, based within ADOT’s Local Public Agency (LPA) Section. f. Twice a year, once during the fall school semester and once during the spring school semester, conduct surveys of participating classes by using the “Student Travel Tally” sheet. Obtain this form by using the “Data Central” tab and then “Data Collection Forms” from the National Center for Safe Routes to School (NCSRTS) on-line web-site at (www.saferoutesinfo.org). Complete one form for each participating class. Then, enter this data into the NCSRTS database by first creating an account at www.saferoutesdata.org and following the instructions. g. Submit the cover/front page of the NCSRTS output as verification of surveys and the page entitled “Evaluation - Semi-Annual Data” as documentation for reimbursements to be processed to the ADOT Program Coordinator. h. On a semi-annual basis, along with the reimbursement request and data verification, submit a report, no more than one page in length, of your program’s progress. i. Use the funds in a timely manner. The ADOT Program Coordinator has the right to discontinue reimbursements if sufficient progress has not been made. j. At Project completion, before the final reimbursement request is submitted, complete and submit the Project Close-Out Evaluation Form. 3. The Parties understand and agree: a. That should the Local Agency fail to provide the submittal of evaluation data and the number of participating students on a regular basis, ADOT maintains the right to discontinue the Project award. III. MISCELLANEOUS PROVISIONS 1. Effective Date. This Agreement shall become effective upon signing and dating of all Parties. 2. Amendments. Any change or modification to this Agreement will only occur with the mutual written consent of both Parties. 3. Duration. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. 4. Cancellation. This Agreement may be cancelled at any time, so long as the cancelling Party provides at least 30 days’ prior written notice to the other Party. It is understood and agreed that, in the event the Local Agency terminates this Agreement, the Local Agency shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the Local Agency terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. IGA 23-0009558-I Page 4 of 9 5. Indemnification. The Local Agency shall indemnify, defend, and hold harmless the State, any of its departments, agencies, boards, commissions, officers or employees (collectively referred to in this paragraph as the “State”) from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the “Claims”), which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of the Local Agency, its employees, officers, directors, agents, representatives, or contractors, their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The Local Agency’s obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State, except the obligation does apply to any negligence of the Local Agency which may be legally imputed to the State by virtue of the State’s ownership or possession of land. The Local Agency’s obligations under this paragraph shall survive the termination of this Agreement. 6. Programmed Federal Funds. The cost of the Project under this Agreement is to be covered by the federal funds programmed for this Project, up to the maximum available. The Local Agency acknowledges that actual Project costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal funds. Therefore, the Local Agency agrees to pay the difference between actual costs of the Project and the federal funds received. 7. Termination of Federal Funding. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 8. Indirect Costs. The cost of the Project under this Agreement includes indirect costs approved by FHWA, as applicable. 9. Federal Funding Accountability and Transparency Act. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the “Act”). Additionally, in a timely manner, the Local Agency will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 10. Single Audit. The Local Agency acknowledges compliance with federal laws and regulations and may be subject to the CODE OF FEDERAL REGULATIONS, TITLE 2, PART 200 (also known as The Uniform Grant Guidance). Entities that expend $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit in accordance with §200.331 Subpart F. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine months of the sub recipient fiscal year end. IGA 23-0009558-I Page 5 of 9 ADOT – FMS Attn: Cost Accounting Administrator 206 S 17th Ave. Mail Drop 204B Phoenix, AZ 85007 SingleAudit@azdot.gov 11. Governing Law. This Agreement shall be governed by and construed in accordance with Arizona laws. 12. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511. 13. Inspection and Audit. The Local Agency shall retain all books, accounts, reports, files and other records relating to this Agreement which shall be subject at all reasonable times to inspection and audit by the State for five years after completion of the Project. Such records shall be produced by the Local Agency, electronically or at the State office as set forth in this Agreement, at the request of ADOT. 14. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 15. Non-Discrimination. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with Executive Order Number 2009-09, as amended by Executive Order 2023-01, issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding “Non-Discrimination.” 16. Non-Availability of Funds. Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 17. Arbitration. In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518. 18. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 19. Contractor Certifications. The Local Agency shall certify that all contractors comply with the applicable requirements of A.R.S. §§ 35-393.01 and 35-394. 20. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 21. Notices. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically, in person, or sent by mail, addressed as follows: IGA 23-0009558-I Page 6 of 9 For Agreement Administration: Arizona Department of Transportation Joint Project Agreement Group 205 S. 17th Avenue, Mail Drop 637E Phoenix, AZ 85007 JPABranch@azdot.gov For Project Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 PMG@azdot.gov For Financial Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 PMG@azdot.gov Town of Fountain Hills Attn: Justin Weldy 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 480.816.5133 jweldy@fountainhillsaz.gov Town of Fountain Hills Attn: Justin Weldy 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 480.816.5133 jweldy@fountainhillsaz.gov Town of Fountain Hills Attn: Justin Weldy 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 480.816.5133 jweldy@fountainhillsaz.gov 22. Revisions to Contacts. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 23. Legal Counsel Approval. In accordance with A.R.S. § 11-952 (D), the written determination of each Party’s legal counsel providing that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form is set forth below. 24. Electronic Signatures. This Agreement may be signed in an electronic format using DocuSign. IGA 23-0009558-I Page 7 of 9 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its Department of Transportation, and the Town of Fountain Hills, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 9-240 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. Approved as to Form: By ________________________________________ Date____________________ AARON ARNSON Town Attorney TOWN OF FOUNTAIN HILLS By ________________________________________ Date____________________ RACHAEL GOODWIN Town Manager By ________________________________________ Date____________________ GINNY DICKEY Mayor ATTEST: By ________________________________________ Date____________________ LINDA MENDENHALL Town Clerk IGA 23-0009558-I Page 8 of 9 ARIZONA DEPARTMENT OF TRANSPORTATION By ________________________________________ Date_____________________ STEVE BOSCHEN, PE Infrastructure Delivery and Operations Division Division Director A.G. Contract No. P0012024000372 (ADOT IGA 23-0009558-I), an Agreement between public agencies, the State of Arizona and the Town of Fountain Hills, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. By ________________________________________ Date_____________________ Assistant Attorney General IGA 23-0009558-I Page 9 of 9 EXHIBIT A Cost Estimate T052501X The Project costs are estimated as follows: Procurement: Federal-aid funds @ 94.3% $14,598.00 Local Agency’s match @ 5.7% $ 882.00 Estimated TOTAL Project Cost $15,480.00 EXHIBIT B IGA 23-0009558-I PROGRESS FINAL Name of Vendor Date Started :% Billed % Complete Items CONTRACT AMOUNT Previous Accumulative Amount Current Month Accumulative Amount PER JPA 23-0009558 See Attached $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Submitted By: Date: Approved By:Date: ADOT Project Manager Contract Payables/JPA-PR-FORMAT 8/21/17 Total to Date Total Previous Report Current Report $0.00 $0.00 $0.00 DESCRIPTION Hours ARIZONA DEPARTMENT OF TRANSPORTATION PROGRESS PAYMENT REPORT Estimated Completion Date: 23-0009558IGA Federal-aid No. Name of Project REMIT PAYMENT TO: Town of Fountain Hills T052501X McDowell Mountain Elementary-Fountain Hills Middle-Fountain Hills High Schools SRTS-FTH-0(211)D ADOT Project No. SUMMARY OF WORK FOR WHICH PAYMENT IS REQUESTED 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 ADOT PO # Item No. Report No. SAFE ROUTES TO SCHOOL STUDY(Currently Fountain Hills Middle & High School) Fountain Hills High School For Fountain Hills Unified School District | MAG Intelligent Transportation Systems & Safety Program Contract 938-I Task Order SR2303 Prepared by: Page i of iii Table of Contents EXECUTIVE SUMMARY ............................................................................................................................................... 1 INTRODUCTION ......................................................................................................................................................... 3 Why is SRTS Important? ...................................................................................................................................................... 3 State and Federal Support ................................................................................................................................................... 3 STUDY PROCESS ......................................................................................................................................................... 4 SRTS Stakeholder Team ....................................................................................................................................................... 4 Kickoff Mee�ng ................................................................................................................................................................... 5 SCHOOL ENROLLMENT AND PROCEDURES .................................................................................................................. 6 School Enrollment ............................................................................................................................................................... 6 School Hours ....................................................................................................................................................................... 6 Office Hours ......................................................................................................................................................................... 6 Arrival and Dismissal Procedures ........................................................................................................................................ 6 FOUNTAIN HILLS HIGH SCHOOL .................................................................................................................................. 7 Introduc�on ........................................................................................................................................................................ 7 Exis�ng Roadway Condi�ons............................................................................................................................................. 10 Traffic Condi�ons ............................................................................................................................................................... 14 Traffic Analysis ................................................................................................................................................................................ 16 Crash Data Analysis ........................................................................................................................................................... 20 Walk/Bike Assessment ...................................................................................................................................................... 22 Things That Are Being Done Well .................................................................................................................................................... 22 Update – Campus Revision ....................................................................................................................................... 22 Observed Behaviors .......................................................................................................................................................... 22 Addi�onal Recommenda�ons ........................................................................................................................................... 27 Summary of Issues and Needs .......................................................................................................................................... 27 Fountain Hills High School ............................................................................................................................................................... 27 COMMUNITY OUTREACH ......................................................................................................................................... 34 Student Travel Tally ........................................................................................................................................................... 34 Parent Survey .................................................................................................................................................................... 35 SRTS Newsleter ................................................................................................................................................................ 36 RECOMMENDATIONS ............................................................................................................................................... 37 Engineering Improvement Recommenda�ons ................................................................................................................. 37 Golden Eagle Boulevard .................................................................................................................................................................. 39 Neighborhood Calming Devices ...................................................................................................................................................... 39 School Zones ................................................................................................................................................................................... 39 ADA Compliance – Pedestrian Ramps ............................................................................................................................................. 39 Sidewalk/Ramp Repairs and Connec�vity ...................................................................................................................................... 39 Community Wide Maintenance ...................................................................................................................................................... 44 Educa�on and Encouragement Recommenda�ons .......................................................................................................... 46 Develop SRTS Coali�on ................................................................................................................................................................... 46 Parent Champion Program .............................................................................................................................................................. 46 Parent and Caregiver Educa�on...................................................................................................................................................... 46 In-Classroom Curriculum ................................................................................................................................................................. 47 Par�cipate in Special Events and Walk/Bike to School Day ............................................................................................................ 47 Walking School Bus or Bicycle Train Ride ........................................................................................................................................ 47 Mileage Clubs or Mileage Contests ................................................................................................................................................. 47 Page ii of iii One-Time Instruc�on ...................................................................................................................................................................... 47 Structured Skills Prac�ce ................................................................................................................................................................. 48 Addi�onal Educa�onal and Encouragement Programs .................................................................................................................. 48 Enforcement Recommenda�ons ....................................................................................................................................... 48 School Safety Campaign .................................................................................................................................................................. 48 Onsite Parking Monitoring .............................................................................................................................................................. 48 Crossing Guard Training .................................................................................................................................................................. 48 Community Enforcement ................................................................................................................................................................ 49 Evalua�on Recommenda�ons ........................................................................................................................................... 49 WALKING AND BIKING SUGGESTED ROUTES MAP ..................................................................................................... 49 SAFE ROUTES TO SCHOOL ACTION PLAN ................................................................................................................... 51 Strategy Impact ................................................................................................................................................................. 51 Implementa�on Timeframe .............................................................................................................................................. 51 Evalua�on .......................................................................................................................................................................... 51 Priority Loca�ons for Installa�on of Sidewalk Segments .................................................................................................. 55 FUNDING SOURCES AND OPPORTUNITIES ................................................................................................................. 57 Arizona Governor’s Office of Highway Safety (GOHS) ....................................................................................................... 57 MAG Design Assistance Program ...................................................................................................................................... 57 Transporta�on Alterna�ves (TA) Funding ......................................................................................................................... 57 MAG Non-Infrastructure SRTS/Support Ac�vity Projects ................................................................................................. 58 Centers for Disease Control and Preven�on (CDC) Grant ................................................................................................. 58 List of Tables Table 1 – Exis�ng Walking and Biking Condi�ons ................................................................................................................. 12 Table 2 – Fountain Hills High School Pedestrian and Bicycle Counts .................................................................................... 14 Table 3 – Fountain Hills High School VRU Collisions by Injury Severity (2017–2022) ........................................................... 20 Table 4 – Safe Routes to School Ac�on Plan ......................................................................................................................... 52 List of Figures Figure 1 – Fountain Hills High School Loca�on ....................................................................................................................... 8 Figure 2 – Fountain Hills High School Sign Loca�ons .............................................................................................................. 9 Figure 3 – Fountain Hills High School Exis�ng Sidewalk Network ......................................................................................... 13 Figure 4 – Fountain Hills High School Peak Hour Mul�modal Traffic Counts ........................................................................ 15 Figure 5 – Fountain Hills High School Observed Arrival and Dismissal Routes ..................................................................... 18 Figure 6 – Fountain Hills High School Exis�ng Condi�ons and Observa�ons ....................................................................... 19 Figure 7 – Fountain Hills High School Crash Loca�ons .......................................................................................................... 21 Figure 8 – Student Tally of Arrival at and Departure from Fountain Hills High School ......................................................... 34 Figure 9 – Hampstead Drive Restriping and Raised Crosswalk ............................................................................................. 38 Figure 10 – Fountain Hills High School Sidewalk Improvement Recommenda�ons ............................................................. 40 Figure 11 – Fountain Hills High School Offsite Recommenda�ons ....................................................................................... 42 Figure 12 – Fountain Hills Middle and High School Offsite Recommenda�ons Summary .................................................... 43 Figure 13 – Fountain Hills High School Onsite Recommenda�ons ....................................................................................... 45 Figure 14 – Suggested Walking and Biking Routes Map ....................................................................................................... 50 Figure 15 – Town of Fountain Hills Long-Range Sidewalk Plan ............................................................................................. 56 Page iii of iii Appendices Appendix A Stakeholder Kickoff Mee�ng Materials and Summary Appendix B Traffic Condi�ons Appendix C Community Outreach Appendix D Crash Data Appendix E SRTS Newsleter Page 1 of 58 EXECUTIVE SUMMARY In 2015 Maricopa Associa�on of Governments (MAG) Strategic Transporta�on Safety Plan established a regional goal to “promote and administer Safe Routes to School (SRTS) framework studies to iden�fy school traffic issues through the MAG Transporta�on Alterna�ves (TA) non-infrastructure program.” Through MAG’s strategic effort, the Town of Fountain Hills was awarded funding in 2020 to conduct a SRTS study. SRTS is a federally funded program that empowers communi�es to create safe, convenient, and fun opportuni�es for children to walk and bicycle to and from schools. The program makes funding available for a wide variety of programs and projects, from building safer street crossings to establishing programs that encourage children and their parents to walk and bicycle safely to school. This project will support the performance of SRTS study at Fountain Hills High School, 16100 E Palisades Boulevard, Fountain Hills, AZ 85268. The school is located in the Town of Fountain Hills (Town). This SRTS will examine and assess the extent of poten�al road safety issues for school students walking and biking to school. The project boundary consists of a one-mile radius around the school. This study represents a collabora�ve effort between MAG and the Town, supported by the Fountain Hills Unified School District (FHUSD). The Town established a SRTS Stakeholders Team for the school site in coordina�on with the Town Project Manager. SRTS Stakeholders Team members were iden�fied by the Town to obtain feedback on issues and needs during the study. The stakeholder team includes members from the Town, FHUSD, county law enforcement officers, Parent Teacher Organiza�on (PTO) representa�ves, and crossing guards (teachers from the high school). The SRTS was conducted with the following schedule:  Consultant Kickoff Mee�ng: January 17, 2023  Stakeholder Kickoff Mee�ng: February 17, 2023  Fountain Hills High School pick-up/drop-off observa�on: March 28, 2023 A stakeholder kick-off mee�ng was held February 17, 2023, to introduce the SRTS Study to the Stakeholder Team and present an overview of the process as well as gather informa�on about known opportuni�es and constraints within the area. FHUSD indicated school sites are transi�oning students served. Beginning in the 2023-2024 school year, the Fountain Hills High School site will transi�on to serve middle and high school students. A subconsultant for Burgess & Niple, United Civil Group, collected pedestrian, bicycle, and vehicular turning movement counts near Fountain Hills High School. Crash data was provided by MAG for this study. The team also performed outreach efforts to gain an understanding of the needs of the students, parents, school, and community. A Student Travel Tally was taken at Fountain Hills High School by teachers in their classroom u�lizing the form provided by the Na�onal Center for Safe Routes to School program. To gather input from parents about children walking and biking to school, a parent survey was conducted at Fountain Hills High School in May 2023 u�lizing a modified form of the Na�onal Center for Safe Routes to School program. The consultant team observed the pick-up and drop-off paterns of students during a field review at the school. The consultant team also looked for poten�al hazards students may encounter such as: driver behavior, crosswalk compliance, and safety issues. Some of the key observa�ons at Fountain Hills High School were:  A limited number of parents drop-off students (es�mated 30); many students drive themselves to school.  A por�on of students ride the bus to and from school. Page 2 of 58  Despite these drop-off volumes, queuing extends onto Hampstead Drive. Queuing results in blocked traffic and drivers passing on the right.  Students parked in the parking lot and walkers cross the drop-off lanes scatered across the driveway without the use of a crosswalk. Opportuni�es for conflicts between students and drivers were observed.  There was generally good driver compliance with the 25 mph speed limits.  One student was observed biking to school, the student arrived early and encountered no vehicular conflicts approaching the bike racks.  Curb space was not fully u�lized during drop-off. School staff was not available to direct traffic.  A landscaping truck was observed parking in the shoulder near the school entrance during drop-off. The consultant team also conducted a walking and biking assessment to gain a first-hand understanding of the walking and biking constraints, opportuni�es, and needs within the surrounding area. Major observa�ons made during the assessment were:  Limited sidewalks near school access points (sidewalks were limited to one side of the road). Onsite, sidewalks do not facilitate entrance to the school; rather, unpaved paths are u�lized.  Onsite striping is faded.  Students approach the school from varying direc�ons from the parking lot. There are many poten�al conflict points.  White crosswalks span Palisades Boulevard south of the school; one is iden�fiable by flashing lights, the other is stop controlled with flashing signage.  Onsite, few crosswalks are present, channelizing of foot traffic is not achieved.  Crosswalks were not accompanied by crossing guards or properly vested individuals (teachers/staff).  Conges�on is lower during drop-off �mes compared to pick-up �mes.  There are limited sidewalks and bicycle lanes available. See Figure 6 and Figure 10. Several site-specific recommenda�ons regarding the combined Middle/High School were developed based upon field observa�ons as well as input from the community. The recommenda�ons were summarized into a SRTS Ac�on Plan for the school. Some of the main recommenda�ons are:  A 15-mph school zone with yellow crosswalk is legal and appropriate for mixed enrollment.  Crossing guards could facilitate crossings and school staff could provide traffic control/direc�on for queues.  With an expected increase in drop-off and pick-up accommoda�ons, faculty could further assist by direc�ng traffic to pull forward and fully u�lize curb space within the drop-off zone.  Similarly, increased accommoda�on for students walking both on and offsite should be provided by providing sidewalks and delinea�ng crossing loca�ons. Restripe crosswalks that remain in use; relocate others based on students’ preferred walking paterns.  The exis�ng white crosswalks spanning Palisades Boulevard could be converted to yellow school zone crossings. Roll away signs would be needed and the need for a crossing guard should be assessed.  No Parking signs could be posted on the roadside shoulder along Palisades Boulevard applicable during pick-up and drop-off periods.  Wide lanes along Hampstead Drive allow users to select their purpose (e.g., passing, parking, biking, etc.). Restriping Hampstead Drive could be considered, recognizing the shoulder is used for on-street parking north of the school.  Modify circula�on of cars entering the site to have two side by side lanes, then meter traffic to a single lane for drop-off. Page 3 of 58 INTRODUCTION In 2020, the Town of Fountain Hills was awarded Transporta�on Alterna�ve Non-Infrastructure federal aid administered through Maricopa Associa�on of Governments (MAG) to conduct a Safe Routes to School (SRTS) study. The purpose of this study is to develop a plan to improve and support walking and biking opportuni�es to and from Fountain Hills High School. This SRTS Study uses a variety of strategies to make it easy, fun, and safe for children to walk and bike to school. The plan includes general recommenda�ons for sustaining a SRTS program that will strive to:  Encourage students to walk and bike to and from school  Iden�fy effec�ve solu�ons to enhance safety for students to walk and bike  Create an Ac�on Plan for improvements  Combat childhood obesity and public health issues  Engage and educate the community Why is SRTS Important? SRTS is a na�onal program that creates safe, convenient, and fun opportuni�es for children to walk and bicycle to and from their schools. With SRTS, everyone benefits! SRTS is not only about ge�ng kids to and from school safely. SRTS programs can bring a wide range of benefits to students and the community. SRTS Benefits Children  Arrive alert and able to focus on school  Less likely to suffer from depression and anxiety  Get most of the recommended 60 minutes of daily ac�vity SRTS Benefits Neighborhoods  Decreases in vehicular use and traffic conges�on  Increases physical ac�vity for the whole family  Increases the sense of community SRTS Benefits Schools  Students show-up “ready to learn”  Opportuni�es to integrate walking, bicycling, and transporta�on topics into curriculum  Increased efficiency and safety during pick-up and drop-off �mes State and Federal Support The Fixing America’s Surface Transporta�on (FAST) Act authorized a set-aside of Surface Transporta�on Block Grant (STBG) program funding for transporta�on alterna�ves (TA), which are used to support the SRTS Program. The MAG region receives an annual alloca�on of TA funding from the Arizona Department of Transporta�on (ADOT). MAG member agencies are eligible to submit SRTS applica�ons for u�lizing this funding to help schools and communi�es promote the health and safety of K-8 students, with the call for new projects occurring each August. Funding can be used to develop SRTS studies, infrastructure improvements that promote and encourage walking and biking to school, and educa�onal materials. In 2022 alone, MAG administered 16 SRTS projects, equa�ng to more than $699,000. Through fiscal year 2024, MAG will administer 92 SRTS projects equaling nearly $5.0 million. Page 4 of 58 STUDY PROCESS The planning process for the STRS study began in January 2023. The study was a collec�ve effort that involved members of the consul�ng team; The Town of Fountain Hills, FHUSD, local and county law enforcement officers, Parent Teacher Organiza�on (PTO) representa�ves, and crossing guards (teachers from the respec�ve schools). As part of the study process, the following tasks were completed: 1. Established SRTS Stakeholder Team. 2. Conducted a Kickoff Mee�ng to introduce the Study to the SRTS Team. 3. Collected traffic counts at key intersec�ons near Fountain Hills High School. 4. Conducted a parent and student survey regarding the exis�ng drop-off and pick-up condi�ons. 5. Created an exis�ng condi�ons inventory of current opera�onal procedures, roadway condi�ons, historical crash trends, and community demographics. 6. Completed a field review to observe the pick-up and drop-off procedures. 7. Performed a walk and bike assessment. 8. Developed and distributed a newsleter to the community inform parents with a summary of the surveys and onsite data collec�on. 9. Developed a Safe Routes to School report with recommenda�ons, ac�on plans, and walking/biking route maps. SRTS Stakeholder Team At the onset of the project, a SRTS Stakeholder Team was established to help guide the development of the SRTS study, provide vital feedback and input on the needs of the community, and serve as champion for SRTS. The SRTS Stakeholder Team included staff from: The Town of Fountain Hills, FHUSD, local and county law enforcement officers, Parent Teacher Organiza�on (PTO) representa�ves, and crossing guards (teachers from the high school). These parents, community members, faculty, and staff were an indispensable part of the project, and will con�nue to be as the district moves forward with expanding SRTS in the coming years. The SRTS Stakeholder Team included the following: Fountain Hills High School Faculty and Staff Chris Hartmann, Fountain Hills High School Jelaine Goldapper, Parent Teacher Organiza�on (PTO) representa�ve Fountain Hills Unified School District Dr. Cain Jagodzisnki, Fountain Hills School District, School District Superintendent John Flynn, Fountain Hills School District Director of Transporta�on and Facili�es, School Team Leader Kris Alexander, Fountain Hills School District Town of Fountain Hills Jus�n Weldy, Town of Fountain Hills, Project Manager, Stakeholder Team Leader David Janover, Town of Fountain Hills Andy Whisler, Town of Fountain Hills Law Enforcement Captain Larry Kratzer, Maricopa County Sheriff’s Office District VII Team Lieutenant Jonathan Halverson, Maricopa County Sheriff’s Office District VII Team Sargent Philip Asiedu, Maricopa County Sheriff’s Office District VII Team Deputy Amber Hampton, School Resource Officer, Maricopa County Sheriff’s Office Page 5 of 58 Project Team Mohammad Shaheed, Ph. D, PE, PTOE, RSP2, Transporta�on Engineer III MAG Dana Biscan, PE LEED AP, Burgess & Niple (B&N), Project Manager Brooke Logan, EIT Burgess & Niple (B&N) Kickoff Mee�ng A joint stakeholder kick-off mee�ng was held on Tuesday, February 17, 2023, at 10:00 AM at Fountain Hills Middle School for the SRTS Study for McDowell Mountain Elementary School, Fountain Hills Middle School, and Fountain Hills High School. The purpose of the mee�ng was to introduce the SRTS Study to the Stakeholder Team, present an overview of the process, and to obtain feedback on issues and needs. At the mee�ng, the following stakeholders were present: School Staff, District Staff Dr. Cain Jagodzisnki FHUSD Kris Alexander, FHUSD Dr. Kim Weeldreyer, Fountain Hills Middle School Chris Hartmann, Fountain Hills High School Town of Fountain Hills Staff David Janover Jus�n Weldy Sargent Philip Asiedu, Maricopa County Sheriff’s Office Deputy Amber Hampton, School Resource Officer MAG Mohammad Shaheed, Ph. D, PE, PTOE, RSP2, Transporta�on Engineer III Consultant Team Dana Biscan, PE LEED AP, B&N, Project Manager Brooke Logan, EIT B&N A copy of the mee�ng minutes is included in Appendix A. Key items from the mee�ng include:  Dates for on-site data collec�on and observa�ons will be scheduled.  Parents will be no�fied via the weekly newsleter that the study team will be comple�ng an on-site assessment.  School site use will change next year (2023-2024); the Fountain Hills High School campus will serve grades 6-12. Page 6 of 58 SCHOOL ENROLLMENT AND PROCEDURES School Enrollment School enrollment informa�on was not provided. During the Stakeholder Kickoff Mee�ng, FHUSD representa�ves indicated enrollment had been declining. School Hours Fountain Hills High School First Morning Bell: 7:30 AM School Release: 2:20 PM Office Hours Fountain Hills High School Monday through Friday 7:30 AM - 4:30 PM Arrival and Dismissal Procedures Fountain Hills High School has the following general student drop-off and pick-up procedures described below as writen in the Parent Student Handbook for the Fountain Hills Unified School District.  Cross streets only at crosswalk corners on the way to and from school. Obey all traffic signs and crossing guard’s direc�ons immediately. Students are to walk while on campus.  Bikes should be walked on and off the school grounds and placed into the bike racks and locked.  Students need to arrive a�er 7:15 AM at Fountain Hills High School. Supervision of students begins at this �me.  Students are expected to arrive at school on �me. Tardy students cause disrup�on to the educa�onal rights of other students. Excessive tardies can result in disciplinary ac�on.  Students involved in a�er school academic or athle�c related ac�vi�es must report to those loca�ons upon dismissal and be supervised at all �mes by coaches or teachers, otherwise students are expected to leave campus immediately upon dismissal. Fountain Hills High School specific drop-off and pick-up procedures from the Parent Student Handbook are listed below. Drop-Off and Pick Up: The following guidelines will help ensure the safety of all members of the FHHS community. Please discuss these guidelines and emphasize the safety factors with your child. Please follow these guidelines for student safety and traffic flow.  Golden Eagle Student Drop Off (west end of campus): Parents can drop off students at this loca�on.  Student Parking Lot (East end of campus): Students who transport themselves to and from school.  Bus Gate: The bus drop-off and pick up point is located off Palisades Blvd toward the west end of campus. Page 7 of 58 FOUNTAIN HILLS HIGH SCHOOL This sec�on presents an overview of exis�ng condi�ons, issues, and needs iden�fied through an analysis, field assessments, and feedback from the parent data collec�on. Introduc�on Located within FHUSD, Fountain Hills High School serves children in the ninth through twel�h grades and is located at 16100 E Palisades Blvd, Fountain Hills, AZ 85268. Beginning as of the 2023-2024 school year, Fountain Hills High School will serve grades six through twelve. As seen in Figure 1, this school is bordered by Golden Eagle Boulevard to the west, Palisades Boulevard to the south, and Hampstead Drive to the east. The area around the school has limited sidewalk connec�vity. During drop off and pick up, there is a lack of support staff to direct traffic, driver queues resul�ng in unsafe passing, faded signage, and a lack of controlled crossings. The area around the school has limited sidewalk connec�vity, limited controlled crossing opportuni�es, and a lack of dedicated bicycle facili�es, crea�ng limited mul�modal network connec�vity. Figure 2 depicts sign loca�ons at Fountain Hills High School. The project boundary consists of a one-mile radius around the school. The Safe Routes to School Ac�on Plan will be completed for the area within the one-mile radius. Page 8 of 58 Figure 1 – Fountain Hills High School Loca�on Page 9 of 58 Figure 2 – Fountain Hills High School Sign Loca�ons Page 10 of 58 Exis�ng Roadway Condi�ons Fountain Hills High School is accessed via a network of local roadways, collector roads, and arterials. Key access routes include:  Palisades Boulevard – located directly south of Fountain Hills High School, Palisades Boulevard is a four-lane median-divided minor arterial with a posted speed limit of 45 mph and 25 mph flashing school zone.  There are marked crosswalks at Golden Eagle Boulevard (four-way stop), Hampstead Drive (push buton), and further east at Fountain Hills Boulevard. The Fountain Hills Boulevard crosswalk connects to sidewalk on the far side of the street from the school; students must cross again at Hampstead Drive.  The sidewalk network surrounding the school is discon�nuous, as are dedicated bicycling facili�es. See Figure 3.  Golden Eagle Boulevard – bordering the school on the west, Golden Eagle Boulevard serves as a key access point for the neighborhoods to the northwest. The collector is a four-lane median divided arterial with a posted speed limit of 35 mph. Sidewalks are present along both sides of Golden Eagle Boulevard for almost a mile north of the school. The marked crosswalk along this corridor is at the intersec�on with Palisades Boulevard.  Hampstead Drive – two-lane local roadway that serves as a key access route, providing access to the student parking lot and drop-off zone. Hampstead Drive has a painted center line and a posted 25 mph speed limit. There is a marked crosswalk at Palisades Boulevard, though it does not connect to a sidewalk on the east side. A second crosswalk is present at the northern entrance to the parking area, allowing access to nearby Stancrest Drive.  The bus drop-off is in front of the school separated from the parking lot, avoiding vehicle/pedestrian conflicts. Bus drop-off loop adjacent to Palisades Boulevard Push buton actuated flashing lights at crosswalk Page 11 of 58 Crosswalk with lack of sidewalk connec�vity Crosswalk with four-way stop and LEDs on stop signs Northern lot entrance and Hampstead Drive crossing Table 1 summarizes an inventory of exis�ng condi�ons related to safe walking and biking to school. Page 12 of 58 Table 1 – Exis�ng Walking and Biking Condi�ons Item Response Loca�on, capacity, and security of bicycle storage areas There are over 80 bicycle slots on the bicycle racks at the school. The racks are located outside the school near the school bus drop-off area. The racks themselves are outside the school fence. Loca�ons of site access points for walking and bicycling students The school driveways serve as access points for all entrants. The bus loop has a sidewalk that connects to the school. The southern entrance on Hampstead Drive has a sidewalk from the road that terminates at the first parking spaces (not con�nuous to building). The northern entrance on Hampstead Drive does not have a sidewalk. There is an unpaved path a student was observed walking along. There is a combina�on of paved sidewalks and unpaved paths onsite; many of the sidewalks do not meet ADA standards. Vehicle/pedestrian and vehicle/bicycle conflict points Students are not channelized in the parking lot or the crossing area for parent drop-off. Students entering from the northern entrance on Hampstead Drive must walk/bike on an unpaved path or alongside traffic. Marked crossing loca�ons and controls Offsite: The intersec�on of Hampstead Drive and Palisades Boulevard has two marked crosswalks; one terminates without a sidewalk to receive pedestrians. Hampstead Drive has a sidewalk on its west side from Palisades Boulevard to Balsam Drive across from McDowell Mountain Elementary School. There is a marked crosswalk aligned with the Stancrest Drive alignment at the north Hampstead Drive entrance; sidewalks are not con�nuous once on school property. Onsite: In general, signage and markings need to be refreshed onsite. There is one crosswalk on the south side of the student parking area; there is no sidewalk connec�on on the parking lot side, nor is there a curb ramp on the school side. On- and off-site traffic control (permanent/ portable signing, pavement markings, marked crossing loca�ons, intersec�on controls, etc.) The posted speed on Hampstead Drive is 25 mph. There are flashing signs indica�ng 25 mph on Palisades Boulevard. Traffic control is shown in Figure 2. Presence of bike paths/lanes and their widths, con�nuity, barriers/obstruc�ons, ligh�ng, visibility, etc. There is a bike lane on the south side of Palisades Boulevard, as well as a mul�use path. There is a wide shoulder on Palisades Boulevard not designated as a bicycle lane. The shoulder appears to serve as on street parking for the homes fron�ng Palisades Boulevard. Presence of sidewalks (or other walking paths) and their widths, con�nuity, barriers/obstruc�ons, ligh�ng, visibility, etc., In general, the neighborhood west of the school has sidewalks but the majority of the surrounding neighborhoods do not. Sidewalks are not con�nuous on higher func�onal classifica�on roadways. There are sidewalks present on both sides of Golden Eagle Boulevard along the school site and Palisades Boulevard; the sidewalk on Palisades Boulevard is discon�nuous east of its intersec�on with Hampstead Drive through its intersec�on with Fountain Hills Boulevard. Sidewalk network is shown in Figure 3. Measurement/calcula�on of sight distances for crossings, driveways, and intersec�ons One sight distance issue was noted at the intersec�on of Hampstead Drive and Palisades Boulevard. The sight distance turning le� from Hamstead Drive is approximately 200 feet (390 feet required for posted speeds of 35 mph or 280 feet for posted speeds of 25 mph per AASHTO). Sight distance for the crosswalk is also limited. Exis�ng land uses near the school The land use surrounding the school is primarily single family residen�al. There are two churches located on the north side of the school as well as a golf course. Page 13 of 58 Figure 3 – Fountain Hills High School Exis�ng Sidewalk Network Page 14 of 58 Traffic Condi�ons Pedestrian, bicycle, and vehicular turning movement counts for Fountain Hills High School were collected at eight separate intersec�ons from 7:00 AM – 7:30 AM and 2:10 PM – 2:40 PM on Tuesday, March 28, 2023. The vehicular peak hour counts are reported by individual intersec�on, with the peak hours generally occurring during the period leading up to school start and during release. These peak hour counts are shown in Figure 4. Intersec�ons included: 1. Northern Driveway and Hampstead Drive 2. Southern Driveway and Hampstead Drive 3. Palisades Boulevard and Eastern Driveway 4. Palisades Boulevard and Bus Ingress 5. Palisades Boulevard and Bus Egress 6. Palisades Boulevard and Western Driveway 7. Southern Driveway and Golden Eagle Boulevard 8. Northern Driveway and Golden Eagle Boulevard Table 2 provides a summary of the pedestrian and bicycle traffic counts from Figure 4. The detailed traffic and pedestrian traffic volume data can be found in Appendix B. Table 2 – Fountain Hills High School Pedestrian and Bicycle Counts Intersec�on AM Peak Hour PM Peak Hour Pedestrian Bicycle Pedestrian Bicycle 1. Northern Driveway & Hampstead Dr 7 0 7 0 2. Southern Driveway & Hampstead Dr 4 0 3 0 3. Palisades Blvd & Eastern Driveway 7 0 9 1 4. Palisaded Blvd & Bus Ingress 8 0 2 0 5. Palisades Blvd & Bus Egress 8 0 2 0 6. Palisades Blvd & Western Driveway 9 0 2 0 7. Southern Driveway & Golden Eagle Blvd 9 0 5 0 8. Northern Driveway & Golden Eagle Blvd 10 0 3 0 Page 15 of 58 Figure 4 – Fountain Hills High School Peak Hour Mul�modal Traffic Counts Page 16 of 58 Traffic Analysis Exis�ng turning movement counts for the arrival (drop-off) and dismissal (pick-up) �mes were analyzed to iden�fy the busiest intersec�ons as well as the direc�onal distribu�on of traffic volumes of the roads directly adjacent to the school. During the turning movement analysis, areas where pedestrian traffic was most abundant were iden�fied to determine the highest poten�al conflict areas for students traveling to and from school. Arrival (7:00 AM – 7:30 AM)  The entrance along Hampstead Drive experienced the highest traffic volume. Traffic consisted of parents dropping off and student drivers accessing the parking lot. Driveway queuing extended into the roadway for le�-turning vehicles; drivers not accessing the school passed the queue on the outside (right). The entrance along Palisades Boulevard primarily received student drivers, though fewer than the other entrance.  One student walker was observed arriving from the east and crossed through the parking lot/driveway as sidewalk is discon�nuous onsite.  Students u�lizing the parking lot walked throughout the lot as there are no facili�es channelizing students and crossed wherever they exited the lot. The crosswalk in the southern por�on of the parking lot does not connect to sidewalk and was not used.  One cyclist was observed arriving from the west and encountered no conflicts. The westward approaching shoulder was blocked by a landscaping vehicle. Crosswalk lacks connec�vity and was not used Landscape vehicle blocking bike path/shoulder Parent drop-off spread along curb Students crossing ac�ve drop-off zone Page 17 of 58 Dismissal (2:10 PM – 2:40 PM)  The north entrance had the highest traffic volumes. While less congested than in the morning, similar conflicts arose as student crossings were not channelized. It appeared many students stayed onsite, presumably for sports and other ac�vi�es.  The pathway leading to the access gate was used during drop-off and pick-up. The sidewalk is narrow and does not channelize towards a crosswalk.  Students did not cross at the crosswalk; it does not align with traveled path.  Two student walkers were observed upon dismissal. They used the crosswalk at Hampstead Drive to access sidewalk on the opposite side of Palisades Blvd. Student pathway to parking lot and pick-up zone Students u�lizing open crossing (terminus of pathway) Page 18 of 58 Figure 5 – Fountain Hills High School Observed Arrival and Dismissal Routes Page 19 of 58 Figure 6 – Fountain Hills High School Exis�ng Condi�ons and Observa�ons Page 20 of 58 Crash Data Analysis Crash data was obtained from the Maricopa Associa�on of Governments (MAG) for the period of January 1, 2017, to December 31, 2022. Data was collected for the eight intersec�ons within the vicinity of the school. Based on the data, a crash analysis was conducted to determine areas where crashes with vulnerable road users (VRU)s had occurred. Table 3 provides a summary of pedestrian- or bicycle-related crashes that occurred in the vicinity of Fountain Hills High School during the five-year period. Appendix D contains the provided crash data. Table 3 – Fountain Hills High School VRU Collisions by Injury Severity (2017–2022) Injury Type 2017 2018 2019 2020 2021 2022 Total Fatal 0 1 0 0 0 0 1 Injury 0 1 0 3 0 0 4 No Injury 0 0 0 0 0 0 0 Total 0 2 0 3 0 0 5 Key findings from the crash analysis include:  There was one fatal collision involving a pedestrian within the vicinity of Fountain Hills High School.  The fatal crash shown was a pedestrian crossing the road; the possible minor injury crashes involved a pedestrian crossing the road and a pedestrian walking along the side of the road.  There were 214 collisions, of which 3 involved a pedestrian and 2 involved a bicyclist.  One of the bicyclist related crashes is the result of making a right turn, while the other is unknown. Figure 7 displays the loca�ons in which the five collisions occurred. Page 21 of 58 Figure 7 – Fountain Hills High School Crash Loca�ons Page 22 of 58 Walk/Bike Assessment Members of the consultant team conducted a walking and biking assessment to gain a first-hand understanding of the walking and biking constraints, opportuni�es, and needs within the surrounding area of Fountain Hills High School. The assessment involved the systema�c gathering of data about environmental condi�ons (social, built, and natural) that affect walking and biking access and comfort. The assessments were conducted on March 28, 2023, at Fountain Hills High School. The observa�ons occurred from approximately 7:00 AM to 9:00 AM and 2:10 PM to 3:00 PM at and around the school. The team consisted of:  Dana Biscan, Burgess and Niple  Brooke Logan, Burgess and Niple  David Janover, Town of Fountain Hills  Andy Whistler, Town of Fountain Hills Things That Are Being Done Well  Separated bus pullout, pedestrian ingress and egress along Palisades Boulevard  Four-way stop-controlled crossing at Golden Eagle Boulevard with LEDs on stop signs  Flashing signage at crosswalk along Palisades Boulevard  Speed limit compliance  Bike capacity/drop-off/route - Available bike parking slots are sufficient  Some sidewalks are present. Update – Campus Revision Beginning Fall of 2023, Fountain Hills Middle School collocated their campus at Fountain Hills High School. To separate middle and high school students, pick-up and drop-off are conducted along the east side of Golden Eagle Boulevard. Student arrival and dismissal �mes are the same as Fountain Hills High School; students from both schools share busses. The Town of Fountain Hills conducted a drone video capture of pick-up and drop-off opera�ons on November 3, 2023. The drone footage was reviewed, observa�ons include: Observed Behaviors Arrival  Driver Behavior – The majority of drivers u�lize Palisades Boulevard for student drop-off, while a substan�al number of drivers u�lize the le�-turn from Golden Eagle Boulevard. Drivers fail to u�lize curb space and instead align themselves with the school gates. Page 23 of 58  Queueing – Queuing onto Golden Eagle Boulevard was not observed un�l a�er the school gates had been opened.  Pedestrian Behavior – During student arrival, two students were observed crossing midblock. One came from the neighborhood to the west of Golden Eagle Boulevard, while the other pedestrian was observed crossing from the east sidewalk. The red line denotes an observed path taken. Page 24 of 58  ADA Accessibility – A group of students was observed u�lizing the dirt path by the northern parking lot. ADA compliant ramps are not present. Page 25 of 58 Dismissal  Queuing – Queuing into the bicycle lane along Golden Eagle Boulevard was observed at of drop off lane. One vehicle accessing Golden Eagle Boulevard from Palisades Boulevard was observed “swerving” around the queue.  Due to the observed queuing, there may be an increased risk of rear end and sideswipe collisions. There may be an increased risk of conflicts with cyclists.  Queueing – The observed pick-up queuing obstructs access to the bike lane along the east shoulder of Golden Eagle Boulevard.  Queueing – Le� lane passing was observed as a result of the pickup queuing and drivers not pulling forward once onsite.  ADA Accessibility – Students were observed u�lizing the dirt path to access the front office parking lot. The observed route does not meet ADA standards. The ramps in this area are not ADA compliant. Page 26 of 58  ADA Accessibility – Students were observed u�lizing the dirt path to access the northern parking lot. Similarly, the dirt path north of the ball courts does not meet ADA standards. ADA compliant receiving ends/ramps are not present  Pedestrian/Bicyclist Behavior – Three students were observed exi�ng the school grounds and u�lizing the crosswalk at Golden Eagle Boulevard. Sidewalk was u�lized from the school to the crossing loca�on. Students used the unpaved pathway to access the parking lot, where some parents waited.  Pedestrian/Bicyclist Behavior – One student was observed crossing the northbound lanes of Golden Eagle Boulevard to access their pickup vehicle. As seen in the image, the driver parked in the le�-turn lane un�l the student entered the vehicle. Prior to, the driver completed a U-Turn across two lanes of traffic. Page 27 of 58 Addi�onal Recommenda�ons A number of site-specific recommenda�ons were developed based upon the observa�ons taken from the drone footage. Recommenda�ons are populated below:  ADA Compliance – The circulatory path(s) around and within the school’s perimeter should be compliant with ADA standards. As a result, it is recommended the pathways be paved and meet ADA compliance. It is recommended that the receiving ends of all sidewalks are ADA compliant.  Driver Behavior – It is recommended that student drop-off and pick-up �mes are supervised and staffed by school staff. School staff can direct traffic to u�lize the en�re curb space and serve as crossing guards. School staff and/or law enforcement should direct parents to circle around or park in the adjacent lot in lieu of the bicycle lane.  Pedestrian Behavior – To limit the inclina�on to use an unprotected crossing on Golden Eagle Boulevard, it is recommended that a mid-block yellow school-zone crossing with a RRFB be installed. The introduc�on of a mid- block crossing is expected to reduce driver speeds as well. To align with expected student use, the crossing should span both Golden Eagle Boulevard, and the drop-off/pick-up zone just north of the school gates. Crossing guards are strongly recommended. These recommenda�ons are reflected in the Fountain Hills Middle School SRTS report, conducted concurrently with this study. Summary of Issues and Needs This sec�on outlines the issues and concerns within and surrounding the perimeters of Fountain Hills High School. Conclusions have been formed based on the previously presented observa�ons regarding the drop-off/pick-up and walk/bike assessments. Fountain Hills High School Sidewalks:  Presence – Sidewalk connec�vity around the school is limited; sidewalk is present on alterna�ng sides of the street, forcing students to cross.  Onsite - There is limited sidewalk present. There is sidewalk connec�vity from Palisades Blvd to a school entrance; there is a lack of connec�vity from Hampstead Drive to the school. Students approaching from the north on Hampstead would need to walk almost an addi�onal ¼ mile to use sidewalks. The intended site circula�on for students approaching from Hampstead is unclear; there is an unpaved path along part of the driveway but does not connect to the building. There is no crosswalk or crossing enhancement at the Hampstead Drive entrance to facilitate student access to the path (if approaching from the south). Sidewalk terminus at Hampstead Drive entrance Page 28 of 58  Condi�on – The sidewalks bordering the school area . have sec�ons with gaps from upli�ing and possible founda�on issues while some ramps fail to meet ADA standards. There is a lack of onsite connec�vity. Upli�ed sidewalk Unpaved path u�lized from Hampstead Drive Discon�nous sidewalk at both entrances along Hampstead Drive Page 29 of 58 Sidewalk connec�vity from Palisades Boulevard Crosswalks:  Onsite – there is one marked crosswalk. Use of this crossing is minimal; it is not along the preferred path used by most students and it lacks connec�vity to receiving infrastructure (ramp, sidewalk, etc.). Other loca�ons have ramps and pathways but do not have marked crosswalks. Pathway without crosswalk, lack of ADA compliant ramps Crosswalk without sidewalk connec�vity Page 30 of 58 School entrance/exit, no crosswalk at Palisades Boulevard No striped crosswalk, non-ADA compliant ramp along Hampstead Drive (south entrance)  Offsite – as noted, there is no receiveing sidewalk on the east side of Hampstead drive. The shoulder is used for on-street parking, thus limi�ng its u�lity as an alternate path. No receiving sidewalk, Hampstead Drive and Palisades Boulevard Page 31 of 58 Signage:  Parking – There was a landscape vehicle parked along the Palisades Boulevard shoulder during pick-up and drop-off, therefore limi�ng students from u�lizing the bike lane.  Visibility – onsite signage is faded. Maintenance vehicle parked in bike lane on Palisades Boulevard Faded signage at campus exit Possible signage to be u�lized along Palisades Boulevard Page 32 of 58 Parking Lot/Drop-off/Pick-up:  Drivers fail to u�lize the en�re length of the drop-off area. This forces other drivers to pass on the outside to access curb space. Use of the en�re curb may improve offsite queuing.  Students walking to school and exi�ng vehicles are not channelized through the parking lot or within the drop-off zone.  Students exi�ng school from the gate are not channelized into the lot or towards an exit where sidewalk is present, crea�ng mul�ple loca�ons for poten�al vehicle/pedestrian conflicts. Student exit pathway Drivers fail to u�lize full drop-off zone Student pathways through parking lot Page 33 of 58 Queuing  Drop-off queues extended to the street resul�ng in drivers passing the le�-turning queue to the right. Right side passing along Hampstead Drive queuing Offsite Circula�on  Hampstead Drive – Hampstead Drive is 36 feet wide. The le�-turn lane taper for its intersec�on with Palisades begins near the southern driveway. Parking is prohibited from the northern driveway to Palisades at all �mes and from 7AM to 3pm Monday through Friday north of the driveways. The wide lanes should be modified to beter accommodate users.  Palisades Blvd – No sidewalk is present on the north side of the roadway east of Hampstead Drive, which may necessitate addi�onal crossings of Palisades for pedestrians going east. Signage on Hampstead Drive Sidewalk presence within the one-mile buffer is illustrated in Figure 3. Page 34 of 58 COMMUNITY OUTREACH To obtain a first-hand understanding of the needs of the students, parents, school, and community parents and community outreach was conducted. Student Travel Tally A student travel tally was conducted at Fountain Hills High School by teachers in their classroom on for the week of May 8th, 2023. The form provided by the Na�onal Center for Safe Routes to School program was u�lized. The travel tally included the ques�ons “How did you arrive at school today?” and “How do you plan to leave for home a�er school?”. The student tally surveys can be found in Appendix C. Figure 8 compares the morning and a�ernoon travel mode results of the student travel tally for Fountain Hills High School. The results of the tally reveal that student travel modes are different between the morning and a�ernoon. Key findings show:  In the morning, 76 percent of students arrive in their family vehicle while 16.2 percent ride the school bus and 6.5 percent carpool. Less than 1 percent of students walk, bike, or arrive to school by other means of transporta�on.  In the a�ernoon, 71.1 percent of students depart in their family vehicle, while 19.8 percent ride the bus. The results display a small increase in both those who walk and carpool home, while a decrease is recognized in those using other means of transporta�on. Figure 8 – Student Tally of Arrival at and Departure from Fountain Hills High School 0.3%0.3% 16.2% 76.0% 6.5% 0.6%0.8%0.2% 19.8% 71.1% 8.1% 0.0%0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% Walk Bike School Bus Family Vehicle Carpool Other Fountain Hills High School Morning and Afternoon Travel Mode Comparison AM PM Page 35 of 58 Parent Survey To obtain input from parents about children walking and biking to school, a parent survey was conducted at Fountain Hills High School in the spring of 2023 u�lizing the English and Spanish version forms provided by the Na�onal Center for Safe Routes to School program. The forms were modified by MAG to beter fit the schools in the region. The survey takes approximately 5 – 10 minutes to complete and u�lizes ques�ons standardized by the Na�onal Center for Safe Routes to School Program. Each family was asked to only complete one survey per household. The data from the completed parent survey sheets was entered on Arizona State University’s (ASU) School Travel Survey website (htps://redcap.rc.asu.edu/surveys/?s=KCA7FFECDNWPEEAW). The completed parent surveys are included in Appendix C. Twelve parents represen�ng children enrolled in Fountain Hills High School completed the parent survey electronically. Two parents par�ally completed the survey. Findings from the survey include:  50 percent of respondents indicated that the child’s home was more than one mile from the school and 25 percent lived within a half-mile of the school. The remaining 25 percent live within a half-mile to one mile from the school.  Students primarily travel by car to school. Based on the surveys, 17 percent of students walk to school but do not do so every day. One respondent indicated that their student rides a bike to school Monday through Friday.  Surveys indicated that travel modes when leaving school were the same as when arriving.  33 percent said that their student had requested permission to walk or bike to/from school in the last year.  50 percent of parents said they would not feel comfortable with their child(ren) walking/biking to school regardless of age.  The main reasons parents reported their children do not walk to school are traffic volumes are too high and the traffic speeds are too fast. School Encourages Walking/Biking – One of the ques�ons asked on the parents survey was if the parents “believe Fountain Hills High School encourages students to walk and/or bike to school”. No respondents strongly agreed, and 25 percent strongly disagreed. Eight percent of parents who responded to the survey disagree. Half of the parents who completed the survey selected “not applicable”. Too Much Traffic – One of the ques�ons asked on the parent survey was if their “child does not walk or bike to school due to too much traffic”. 50 percent of parents either strongly agree or agree. 0%8% 17% 25% 50% School Encourages Walking/Biking Strongly Agree Agree Disagree Strongly Disagree N/A 33% 17% 33% 0% 17% Too Much Traffic Strongly Agree Agree Disagree Strongly Disagree N/A Page 36 of 58 Traffic Speeds Are Too Fast – One of the ques�ons asked on the parent survey was if their “child does not walk or bike to school due to the speed of traffic”. 58 percent of parents either strongly agree or agree. Distance From School – One of the ques�ons asked on the parent survey was how far the child’s family lived from Fountain Hills High School. Half of respondents indicated less than a mile. SRTS Newsleter Another outreach effort was conducted to obtain feedback from the community as to what the issues and concerns are regarding students walking/biking to school and, how we, as a team, can assist and develop solu�ons to make the walking/biking routes to school safer. This outreach was conducted via a Newsleter prepared by the consultant and distributed to the community by the school. In the newsleter, the consultant team summarized the project background including the purposes and goals of a SRTS study, discussed the background informa�on regarding the parent survey and student travel tally, gave a brief descrip�on of the observa�ons that were made during the walking/ biking assessment, and iden�fied three areas that the consultant team would like to seek input from the community. The ques�ons that were posed in the newsleter are as follows:  What stops your student from walking or biking to school?  If your child enjoys walking or biking to school, why do they like to do it?  What other comments or concerns do you have regarding your child walking or biking to school? The newsleter that was distributed to the school and community can be found in Appendix E. No responses were received. 33% 25% 25% 0% 17% Traffic Speeds Are Too Fast Strongly Agree Agree Disagree Strongly Disagree N/A 1 2 1 2 2 4 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 <1/4 mile 1/4 - 1/2 mile 1/2 - 3/4 mile 3/4 - 1 mile 1 - 2 miles >2 miles Distance From School Page 37 of 58 RECOMMENDATIONS As noted in the introduc�on, the campus will serve middle and high school students beginning in the 2023-2024 school year. Addi�onally, a SRTS was conducted for the middle school as part of a separate effort. Several site-specific recommenda�ons were developed for the middle/high school based upon field observa�ons as well as input from the community. These recommenda�ons have been divided by type. Engineering Improvement Recommenda�ons Engineering measures for SRTS include the design, construc�on and maintenance of physical infrastructure that can improve the safety and comfort of students that are walking and biking to school. This infrastructure includes signage, pavement markings, and traffic control devices such as stop signs, sidewalks, and paths. When considering engineering measures, it is best to iden�fy the problem first, and then use accepted engineering prac�ces to develop an appropriate solu�on. Site Circula�on Site circula�on from Hampstead Drive could be modified to beter accommodate increased traffic. Northern access to the parking lot could be modified to be an entrance only, allowing for two lanes of cars to enter the site side-by-side. This entails oblitera�ng the current stop bar and removing the on-site stop sign. Traffic could then be metered by a staff member direc�ng traffic some distance from the entrance to a single, curbside drop-off lane. Another staff member could direct traffic at the far end of the pick-up/drop off area to eliminate passing on the outside and allow students to cross while cars are stopped. The southern exit on Hampstead would then be exit only. Hampstead Drive Hampstead Drive is approximately 36 feet wide, with two 18-foot-wide lanes adjacent to the school. It is bordered by a sidewalk along the west (school) side. Current signage denotes no parking along the road at any �me. Wide lanes allow users to select their purpose (e.g., passing, biking, parking, etc.). To address the previously presented concerns, striping a single le�-turn lane on the northbound route of Hampstead Drive will allow cars to pass. Upon combina�on, the current white striped crosswalk allowing access to Stancrest Drive could be restriped as a yellow school zone crossing. Ideally, the crosswalk would be raised. Figure 9 illustrates these recommenda�ons. Page 38 of 58 Figure 9 – Hampstead Drive Restriping and Raised Crosswalk Page 39 of 58 Golden Eagle Boulevard Golden Eagle Boulevard has four through lanes and a median/TWLTL. There is a bicycle lane and sidewalk on both sides. To enhance safety of students walking and biking to school, a school zone with yellow crosswalk, crossing guard, and posted 15 mph speed is recommended north of the school’s entrance gate. An addi�onal crosswalk is recommended onsite. Neighborhood Calming Devices To ensure that motorists traveling on the roadways in the vicinity of the school comply with the designated speed limit, it is recommended that Fountain Hills High School alongside the Town of Fountain Hills iden�fy and install neighborhood calming devices within the respec�ve school zones. The purpose of these devices will be to change driver behavior and force drivers to decrease their speed while in the school zone thus increasing the safety of students walking/biking to school. School Zones A raised crosswalk with school zone would be appropriate to replace the white one on Hampstead Drive. On Palisades Blvd, the white crosswalk at Hampstead Drive could be replaced with school zone crosswalks and posted 15 mph. ADA Compliance – Pedestrian Ramps To ensure that students walking and biking to school have the same opportunity to do so, regardless of ability, it is recommended that all pedestrian ramps within the surrounding area of Fountain Hills High School be upgraded to ensure ADA compliance. The majority of pedestrian ramps in the surrounding area appear to be in good condi�on but do not have flush transi�ons or sidewalk connec�ons. Sidewalk/Ramp Repairs and Connec�vity To ensure students can navigate sidewalks and ramps while walking/biking to and from Fountain Hills High School, it is impera�ve their paths are clear and connected. The following issues have been iden�fied for repair/connec�vity:  Large cracks in sidewalks  Non-flush transi�ons between sidewalk panels and between pedestrian ramps and the roadway  Sidewalk obstruc�ons  Onsite crosswalks and connec�vity to offsite sidewalk network  Raised yellow crosswalk on Hampstead Drive at the school entrance and a yellow crosswalk on Palisades Boulevard at Hampstead Drive  Obliterate exis�ng white crosswalk on Hampstead Drive at Palisades Boulevard or install receiving sidewalk along the north side of Palisades Boulevard  Long stretches of roadway without sidewalk, within the one-mile buffer of Fountain Hills High School outlined in Figure 3 and Figure 10. Page 40 of 58 Figure 10 – Fountain Hills High School Sidewalk Improvement Recommenda�ons Page 41 of 58 Fountain Hills High School – Offsite Upon combina�on of the schools, Fountain Hills Middle/High School is expected to experience higher drop-off and pick-up rates. Increased accommoda�on for students walking both on and offsite should be provided. The current sidewalk network to the west of the school is sufficient in providing the necessary connec�ons to surrounding neighborhoods along both sides of Golden Eagle Boulevard. Overall, there are numerous gaps including higher func�onal classifica�on roadways that would likely be u�lized by students; filling these gaps and elimina�ng the need to cross Palisades Blvd mul�ple �mes should be priori�zed. It is recommended that the white crosswalk at Palisades Boulevard spanning Hampstead Drive be removed as there is no receiving facility. If this recommenda�on is not fulfilled, adjustments to the eastern receiving end should be made. These adjustments would entail ADA compliance and sidewalk connec�vity further along Palisades Boulevard. With mixed enrollment, Fountain Hills Middle/High School will be covered under Arizona Revised Statute for use of yellow school-zone crossings and roll out signage. Two of the current crossings on Palisades Boulevard and Hampstead Drive could be converted to yellow school zone crossings. Roll away signs would be needed. Crossing guards could facilitate crossings and provide traffic control/direc�on for queues. Crossings at the middle school are currently facilitated by a crossing guard; it is recommended that this is implemented at the High School upon the combina�on of the schools. Parking along Palisades Boulevard is currently permited, “No Parking during school hours” signage should be installed along the northern side of Palisades Boulevard. By doing so, student bikers may have a clearer path to the school’s entrance. Figure 11 illustrates these offsite recommenda�ons. Recommended sign on Palisades Boulevard Crosswalk with crossing guard example Page 42 of 58 Figure 11 – Fountain Hills High School Offsite Recommenda�ons Note: Ideally, a mul�use path would be provided along the north side of Palisades Boulevard. Absent that, removing the crosswalk is recommended. It likely does not meet warrants and does not connect to a sidewalk or mul�use path. Addi�onally, the receiving side is not ADA compliant. The need for crosswalks at Mountainside Drive and Wendover Drive for connec�vity should be monitored. Figure 12 summarizes the offsite recommenda�ons for Fountain Hills High School. Page 43 of 58 Figure 12 – Fountain Hills Middle and High School Offsite Recommenda�ons Summary Page 44 of 58 Fountain Hills High School – Onsite Upon the combina�on of the schools, Fountain Hills Middle/High School, an increased reliance on travel modes other than driving to school is expected. Drop-off and pick-up volumes will likely increase substan�ally with mixed enrollment. A staff member could direct parents to pull forward and fully u�lize the curb space. With greater enrollment, more opportuni�es for conflicts between crossing students and parent drivers are possible. Pedestrian channelizing effects should be implemented to mi�gate the opportuni�es for conflicts and improve student safety. Current onsite crossings are faded and do not align with preferred pedestrian pathways; therefore they have litle channelizing effect on students. Once combined, Fountain Hills Middle/High School will be covered under Arizona Revised Statute for use of yellow school-zone crossings and roll out signage. Within the pick-up/drop-off zone, crossings should be striped with respect to students’ preferred paths resul�ng in minimal conflict opportuni�es. As observed, students cross near a speed bump and the terminus of an in-place pathway. The terminus of this crosswalk should be accompanied by an ADA compliant ramp allowing u�liza�on by all students. Some sidewalks are not ADA compliant; this should be addressed. A crosswalk is recommended north of the speed bump in line with the pathway. Addi�onally, a crosswalk is recommended at the north end of the drop-off zone in line with the current asphalt ramp leading into the parking lot. The current non-compliant crossing shall be removed. Upon entering the parking lot, channelizing effects can be advanced by hash striping “no parking zones.” By doing so, students can safely walk to the edge of the lot and access Hampstead Drive. In addi�on, student drivers will be channelized as they exit their cars and enter campus. To facilitate student routes both entering and exi�ng the site, the exis�ng sidewalks at both entrances/exits along Hampstead Drive must be extended. Figure 13 illustrates these onsite recommenda�ons. Community Wide Maintenance In order to create a safer environment for students who walk and bike to school, as well as residents in the surrounding area Fountain Hills High School, it is recommended that the Town of Fountain Hills works alongside homeowners in the neighborhood to clear debris from sidewalks and ramps in their jurisdic�on. Page 45 of 58 Figure 13 – Fountain Hills High School Onsite Recommenda�ons Page 46 of 58 Educa�on and Encouragement Recommenda�ons Educa�on and Encouragement is a main factor when implemen�ng all SRTS programs. Educa�ng the students, faculty, and public consists of ac�vi�es such as teaching bicyclist safety, traffic safety, and informing them of the benefits and goals of SRTS programs. Educa�on strategies should create excitement and desire to walk or bike to and from school. Special events, clubs, contests, and other ongoing ac�vi�es can help children and parents understand that walking and biking are easy and fun. The Town and school should evaluate and implement effec�ve awareness programs that best address iden�fied issues and needs to increase safety for adolescent pedestrians and bicyclists. Develop SRTS Coali�on Develop a SRTS Coali�on of interested parents, staff, and volunteers to assist with planning and conduc�ng SRTS events. The Coali�on may include school faculty and staff, PTA representa�ve, the school nurse, community members, local businesses, Town officials, and local public health professionals. Ac�vi�es the Coali�on may lead include:  Championing walking/biking to school at community and school events  Twice a month commitment to serving as a school crossing guard  Organizing an event for Interna�onal Walk/Bike to School Day  Leading walking school buses of bicycle trains Parent Champion Program Parent volunteers can significantly assist Fountain Hills High School with developing their SRTS program, whether by volunteering for an event, coordina�ng with other parents, or establishing a working group. The parent champion program should work closely with the SRTS Coali�on to organize and par�cipate in events. It is important that Parent Champions also receive in-depth SRTS training. The Champion Program may assist in:  Championing walking/biking to school at community, PTA mee�ngs, and school events  Engaging community members in prac�cing traffic safety along walking/bike routes  Receiving training and serving as a school crossing guard  Se�ng-up and manning booths at Back-to-School Events, community events, and during school assemblies  Leading walking school buses or bicycle trains A guidebook for Parent Champion Program is available here: htps://sparetheairyouth.org/sites/all/themes/mtc/images/pdfs/STA_guidebookParents_FINAL_WEB.pdf Parent and Caregiver Educa�on Educa�on directed towards parents can strongly influence whether more children walk and bicycle to school in a safe manner. A parent's own behavior also impacts the safety of their child and all children as they walk or bicycle to school. For example, a parent who speeds to drop-off their child at the school makes a less safe environment for walkers and bicyclists. To communicate and educate parents, Fountain Hills High School may consider:  Develop and distribute Suggested Routes Map – distribu�on may include email or informa�on sent home with students  Post educa�onal materials and Suggested Routes Map on school website  Host a “How to Walk/Bike to School” program where both parents and students learn about traffic safety  Encourage parents to par�cipate in scheduled SRTS events held at the school  Back-to-School night and parent/ teacher conferences can also be a good �me to educate parents and provide safety reminders Page 47 of 58 In-Classroom Curriculum In-classroom lessons and skills training ac�vi�es teach students about walking, bicycling, health, and traffic safety. Lessons introduce pedestrian and bicycle safety to students, including what types of situa�ons they may encounter on the road, how to follow street signs, and how to interact with drivers. Rhymes, songs, and videos help students remember how to walk and cross streets safely. Examples of lessons include:  Math – calculate walking distances  Language Arts – Write about what you see on your route to school  Science – Walk outdoor to collect samples  Art – Designing posters to encourage walking  Geography - Draw a map of route to school Resources and examples for classroom curriculum include:  Colorado DOT Bicycle and Pedestrian Lesson Plans- htps://www.codot.gov/programs/bikeped/safe- routes/training-curriculum/srts-lesson-plans.html  Sonoma Safe Routes to School- htps://sonomasaferoutes.org/content/educa�on-programs  Spanish language �p sheets- htp://www.saferoutesinfo.org/program-tools/educa�on-�p-sheets Par�cipate in Special Events and Walk/Bike to School Day To help encourage and educate students and parents par�cipate in special events such as Interna�onal Walk/Bike to School Day, Earth Day, etc. The interna�onal Bike to School Day is held annually in October and Walk to School in May. Fountain Hills High School may consider par�cipa�ng and registering at htp://www.walkbiketoschool.org/. The goal of this day is to increase walking and biking to school together with a purpose — to promote health, safety, physical ac�vity, aid in the reduc�on of traffic conges�on during the pick-up/drop-off at a school and concern for the environment. Walking School Bus or Bicycle Train Ride A Walking School Bus is a group of neighbors who walk to school picking up kids along the way or mee�ng at a set loca�on. The rule of thumb is to have one adult for six children. A walking school bus can be as informal as two families taking turns walking their children to school to as structured as a route with mee�ng points, a �metable, and a regularly rotated schedule of trained volunteers. A varia�on on the walking school bus is the bicycle train, in which adults supervise children riding their bikes to school. The flexibility of the walking school bus makes it appealing to communi�es of all sizes with varying needs. Mileage Clubs or Mileage Contests Mileage clubs and contests encourage children either to begin walking and bicycling to school or to increase their current amount of physical ac�vity by making it fun and rewarding. Generally, children track the number of miles they walk or bicycle and get a small gi� or a chance to win a prize a�er a certain mileage goal is reached. Fountain Hills High School could incorporate a classroom challenge, with the winning classroom receiving a special prize. One-Time Instruc�on One-Time Instruc�ons consist of events such as school assemblies. While all children benefit from events such as this, it is important to note that large group se�ngs will not allow much interac�on, if any from students in atendance. Keeping the assembly short, visual, and to the point can assist with engaging students. Furthermore, reinforcing the informa�on throughout the school year using different methods may help students retain the informa�on. The school assembly can be combined with Na�onal efforts, such as Na�onal Walk/Bike to School Day or Earth Day. Page 48 of 58 Structured Skills Prac�ce Structured skill prac�ces can provide students with real world simula�ons to prac�ce safe bicycling methods. These methods can be taught as part of a classroom-based lesson plan or even an a�er-school program where an experienced faculty member could show students how to bike more efficiently. These programs can include items such as when and where to stop and how to properly u�lize a crosswalk. This type of event can be completed as a one-�me event or mul�ple lessons over a determined amount of �me. Addi�onal Educa�onal and Encouragement Programs In addi�on, Fountain Hills High School may want to consider the following programs:  Bike Rodeo  Walking Obstacle Course  Classroom Contests  Earn a Bike Program  Student Clubs  One-Time Instruc�on with the Maricopa County Sheriff’s Office  Neighbor Educa�on on what are dangers to walking/biking (i.e., stray dogs, parked vehicles on sidewalks, etc.) Enforcement Recommenda�ons As one of the six E’s, enforcement combined with the other elements discussed above, is a tool to address the specific needs of school and to achieve long-term results. Enforcement strategies deter unsafe behavior of drivers, pedestrians, and cyclists and encourage all road users to obey traffic laws and share the road safely. Rather than law enforcement simply wri�ng more traffic �ckets, enforcement will consist of mul�ple stakeholders working together to promote safe walking, biking, and driving. In addi�on to law enforcement officers, school officials, school patrols, parents, students, and neighbors can help promote and enforce safe pedestrian, biking, and driving rules. Promo�ng safety through awareness and educa�on and providing a police presence will assist the Town in accomplishing their SRTS goals. School Safety Campaign A safety campaign is an effec�ve way to build awareness of students walking, bicycling, and skateboarding to school and to encourage safe driving behavior. Campaigns can use media at or near schools—such as posters, business window s�ckers, yard signs, or street banners—to remind drivers to slow down, obey STOP signs, and use cau�on in school zones. This type of campaign can also address other specific hazards or behaviors, such as walking or bicycling to school, school bus safety, and parent drop-off and pick-up behavior. Onsite Parking Monitoring Members of the SRTS Coali�on or Parent Champion Program can assist Fountain Hills High School in monitoring parent behaviors during arrival and dismissal hours. Monitoring tasks would include:  Waving vehicles forward in the drop-off area  Alert motorists to not park in the bus loading/unloading zone or drop-off lanes  Ensure that students safely crossing parking lots Crossing Guard Training Crossing guards assist students crossing streets and remind drivers to comply with traffic laws near schools. Crossing guards can be volunteer community members or paid employees. In addi�on to crossing guards, school safety patrols, who are trained students, may be used to help facilitate crossings. Special training and adult supervision are required for Page 49 of 58 all school safety patrols. MAG offers free Crossing Guard Workshops and training materials to provide basic educa�on and training to school crossing guards. The workshops are held during select days of the year. Fountain Hills High School may consider iden�fying at least two addi�onal crossing guards and register them for training at MAG. Addi�onal informa�on can be found at htp://azmag.gov/Programs/Public-Safety/Safe-Routes-to-School-SRTS. Community Enforcement School officials, school patrols, parents, students, and neighbors should be ac�vely engaged in the promo�on of safe driving, pedestrian, and biking behaviors. The previous Educa�on and Encouragement sec�on iden�fies many ways in which this can be accomplished. Addi�onal considera�ons for the community to take part in enforcement include:  School Patrol/Crossing Guards – con�nue to u�lize crossing guards where possible to assist students with arrivals and dismissal. Students should be trained on where and how to cross.  Parent Crossing Guards – ask parents to par�cipate in twice-a-month crossing guard patrol.  Neighborhood Speed Watch – similar to crime watch programs, residents voluntarily monitor unsafe driver behaviors and speeds to help raise public awareness. Evalua�on Recommenda�ons Evalua�on is an important component of any SRTS effort. Not only does evalua�on measure a program’s reach and impact on a school community, but it can also ensure con�nued funding and provide a path forward for ongoing and future efforts. Evalua�on can measure par�cipa�on and accomplishments, shi�s in travel behavior, changes in a�tudes toward walking and bicycling, awareness of the Safe Routes to School program, and the effec�veness of improvements. One way the school could engage with students and their families is to administer the same surveys issued as a part of this SRTS annually. WALKING AND BIKING SUGGESTED ROUTES MAP Suggested routes to school maps are one of the most cost-effec�ve and tangible means available for encouraging school children to walk or bike to school. The purpose of the maps is to provide school officials, parents, and students with a tool to help plan their walking and bicycling route to and from school. The maps also help to illustrate walking, bicycling, and crossing loca�ons by iden�fying traffic controls, crossing guard loca�ons, and the presence of sidewalks, pathways, or bicycle facili�es along routes leading to a given school. The map was developed based on:  Observed walking and biking routes currently u�lized by students  Presence and quality of pedestrian and bicycle facili�es  Feedback obtained from SRTS Stakeholder Team, students, and parents on exis�ng walking and biking routes and their concerns with walking and biking to school In addi�on to being used as a resource for parents and school staff in planning and encouraging walking and bicycling to school, the maps can serve as a tool for Town staff to iden�fy the loca�on of needed transporta�on infrastructure improvements in school areas. Figure 14 presents the Walking and Biking Route Map that was developed for Fountain Hills High School. Page 50 of 58 Figure 14 – Fountain Hills Middle and High School (formerly Fountain Hills High School) Proposed Safe Routes to School Page 51 of 58 SAFE ROUTES TO SCHOOL ACTION PLAN Table 4 provides a SRTS Ac�on Plan for Fountain Hills High School. The Ac�on Plan iden�fies key issues, recommended strategies to address the issue, the party that is responsible for leading the ac�on, poten�al funding sources (if applicable), an implementa�on �meframe, and a method to evaluate the strategies progress and effec�veness. The school, school district, and Town of Fountain Hills should u�lize this Ac�on Plan to iden�fy strategies that the different partners can pursue to improve the safety of students walking and biking to/from the school. The Town should priori�ze and address maintenance issues iden�fied in the study, par�cularly upda�ng, signage, restriping, and repair of damaged sidewalk and ramps along primary route(s). Strategy Impact The strategy impact is a measure of how greatly the strategy influences or affects a child’s level of comfort to walk or bike to school. A high impact strategy includes infrastructure and safety improvements that create a more walk-and bike- friendly environment. Whereas a low impact strategy includes measures that help to educate the public or create minor safety improvements. Implementa�on Timeframe The implementa�on �meframe of each strategy was iden�fied based on the level of priority of the issue as well as poten�al cost. Strategies iden�fied as near-term are those that are either urgent or those that require minimal effort to implement. Strategies iden�fied for long-term implementa�on are those that should go through a formal evalua�on and planning process to implement. Any strategy requiring a significant infrastructure investment is iden�fied for long-term implementa�on. Evalua�on The Evalua�on column in the Ac�on Plan iden�fies a method that can be u�lized to evaluate the progress and effec�veness of the recommended strategy. On-going evalua�on through conduc�ng Parent Survey and Student Travel Tallies can help the school to track progress of SRTS efforts. These tools allow the school to track the actual number of students walking and biking to school, as well as parent’s percep�ons of walking and biking over �me. As strategies are implemented from the SRTS Ac�on Plan, ideally the Student Travel Tally should show a greater percentage of students repor�ng walking and biking and a posi�ve percep�on from parents in the Parent Survey. As such, the SRTS team should consider conduc�ng these two surveys annually as strategies from the SRTS Ac�on Plan are implemented. Page 52 of 58 Table 4 – Safe Routes to School Ac�on Plan Issue Re c o m m e n d a � o n # Recommended Strategy/Task Ed u c a � o n En c o u r a g e m e n t En f o r c e m e n t En g i n e e r i n g Lead Poten�al Funding Source Implementa�on Cost Impact Implementa�on Timeframe Evalua�on Currently there are minimal walking and biking to school for the students. Through educa�on and encouragement, there is an opportunity to increase the percentage of students walking and biking. 1 Construct and distribute Suggested Routes Map to students and parents X FHUSD SRTS Low Medium Near-Term Number of encouragement ac�vi�es. The Student Tally and the Parent Survey will be used in the future to measure increases in non-motorized transporta�on use. 2 Supplement educa�onal materials and Suggested Routes Map on school websites. Complement informa�on at Back-to-School night and other parent/student events. X FHUSD SRTS Low Medium Near-Term 3 Educate the public on ac�vi�es that inhibit students’ ability to safely walk or bike to school. X FHUSD SRTS Low Medium Near-Term 4 Host a Walk/Bike to School Day that includes a safety assembly and organize walk/bike to school events X X FHUSD N/A Low High Near-Term Currently there are minimal walking and biking to school for the students. Through educa�on and encouragement, there is an opportunity to increase the percentage of students walking and biking. 5 Develop a list of interested parents, staff, and volunteers to assist with planning and holding events, such as, a Walking Bus, Bicycle, Train, etc. X X FHUSD N/A Low High Near-Term Number of encouragement ac�vi�es. The Student Tally and the Parent Survey will be used in the future to measure increases in non-motorized transporta�on use. 6 Implement and take part in Na�onal Walk and Bike to School Days. On-going. X FHUSD N/A Low High Near-Term 7 Develop involvement-related contests and events that encourage and educate students on walking and biking. On-going. X FHUSD N/A Low High Near-Term 8 Iden�fy methods to implement walking and biking to school into the exis�ng curriculum. (Phys. Ed) On-going. X FHUSD N/A Low High Mid-Term 9 Create a neighborhood Walking School Bus through the SRTS Coali�on and Parent Champion Program. X FHUSD N/A Low High Mid-Term 10 Conduct student tallies and surveys to determine the number of par�cipants walking and biking to school. Repeat annually. X FHUSD SRTS Low Low Mid-Term 11 Survey parents to measure the success of SRTS implementa�on. Repeat annually. X FHUSD N/A Low Low Mid-Term 12 Update Suggested Routes Map annually on a need basis determined by infrastructure changes and improvements. Redistribute. X X FHUSD SRTS Low High Mid-Term 13 Consult with the Maricopa County Sheriff’s Office for instruc�on on safe prac�ces while traveling to school by foot or bike. X FHUSD N/A Low High Near-Term Page 53 of 58 Table 4 – Safe Routes to School Ac�on Plan Issue Re c o m m e n d a � o n # Recommended Strategy/Task Ed u c a � o n En c o u r a g e m e n t En f o r c e m e n t En g i n e e r i n g Lead Poten�al Funding Source Implementa�on Cost Impact Implementa�on Timeframe Evalua�on Speeding is uncommon but prevalent at �mes. Increased accommoda�on at crossings is expected. Four-lane minor arterial Palisades Boulevard must be crossed to access sidewalk. 14 Construct sidewalk and increase ped crossing ameni�es. X X Town TA/Town/ Design Assistance/GOHS High High Near-Term Interviews with respec�ve teachers or crossing guards before and a�er implementa�on. Parents and other drivers at �mes disregard or fail to conform to rules associated with crosswalks along Palisades Boulevard and Hampstead Drive. 15 It is recommended that crosswalks in the areas surrounding Fountain Hills High School be restriped if deemed low visibility. Roll out signage should be in place whenever crosswalk use is expected. X Town TA/Town/ Design Assistance/GOHS Low High Near-Term Interviews with respec�ve teachers or cross guards before and a�er implementa�on. Queuing onto Hampstead Drive is common during drop-off. Increased student atendance will result in longer queues. Wide lanes allow users to pass on the right. 16 Restripe Hampstead Drive to have a le�-turn lane allowing access to the lot and others to pass. X Town TA/Town/ Design Assistance/GOHS Low High Near-Term Observe driver ac�ons along Hampstead Drive. Observe queues and make necessary accommoda�ons if required. Many loca�ons within the perimeter of the school lack crosswalks or are low visibility. 17 Install yellow school zone crosswalks at loca�ons iden�fied in the SRTS report. X Town TA/Town/ Design Assistance/GOHS Low High Near-Term Observe crosswalk loca�ons a�er the implementa�on of high visibility crosswalks. Drivers fail to follow signs and drop students in preferred loca�ons. These ac�ons result in increased queuing and incite poten�al hazards to students. 18 Addi�onal monitoring of the drop-off loop during arrival and dismissal �mes. X FHUSD N/A Low High Near-Term Interviews with respec�ve teachers or cross guards before and a�er implementa�on. Although the majority of sidewalks and ramps within the surrounding areas of the school are in good condi�on, some loca�ons require aten�on. 19 Redo/replace/cleanup sidewalk areas and ramps in regard to what is covered within this study while no�ng for ADA compliance X Town TA/Town/ Design Assistance/GOHS High High Mid-Term Observe sidewalks and ramps that were iden�fied by the SRTS Report a�er the sidewalks have received the required aten�on. Lack of sidewalks in the Town and vicinity of the school. 20 Install necessary sidewalks and ramps outlined within the SRTS Report. X Town TA/Town/ Design Assistance/GOHS High High Long-Term Tallies and surveys should be used in the future to measure increases in non- motorized transporta�on use. Page 54 of 58 Table 4 – Safe Routes to School Ac�on Plan Issue Re c o m m e n d a � o n # Recommended Strategy/Task Ed u c a � o n En c o u r a g e m e n t En f o r c e m e n t En g i n e e r i n g Lead Poten�al Funding Source Implementa�on Cost Impact Implementa�on Timeframe Evalua�on High traffic speeds along the streets bordering the school. 21 Police presence along Palisades Boulevard and Hampstead Dr. X Town N/A Low Medium Long-Term Observe driver behavior and response with ac�ve enforcement. Drivers have been observed passing on the outside; younger students need to cross the street. 22 Implement a raised yellow school zone crosswalk allowing pedestrian/bike access to Stancrest Drive and calming traffic. X Town TA/Town/ Design Assistance/GOHS Medium Medium Near-Term Observe driver behavior and crosswalk use. See FUNDING SOURCES AND OPPORTUNITIES for more detailed informa�on about poten�al funding mechanisms. Page 55 of 58 Priority Loca�ons for Installa�on of Sidewalk Segments As shown in Figure 3 there are several loca�ons lacking sidewalks. In June 2021, the Town of Fountain Hills issued an Ac�ve Transporta�on Plan in which priority loca�ons for new sidewalks had been iden�fied for their 5-year, 10-year and longer-term plans. The Fountain Hills Ac�ve Transporta�on Plan includes the introduc�on of new urban trail-designated routes. The recommended loca�ons for sidewalk installa�on provided in Figure 10 align with that of the Town of Fountain Hills Ac�ve Transporta�on Plan. Priority loca�ons should facilitate the routes outlined in the WALKING AND BIKING SUGGESTED ROUTES MAP sec�on of this report. The Town may consider adjus�ng the priority installa�ons of sidewalk segments in accordance with the proposed walking and biking routes in Figure 14. The Ac�ve Transporta�on Plan recommenda�ons are shown in Figure 15. Page 56 of 58 Figure 15 – Town of Fountain Hills Long-Range Sidewalk Plan Page 57 of 58 FUNDING SOURCES AND OPPORTUNITIES The following is a list of poten�al funding sources that the schools, school district, or the Town of Fountain Hills may consider pursuing to implement the strategies iden�fied in the Ac�on Plan. While some strategies do not necessarily require funding to implement (i.e., educa�on, encouragement, and enforcement strategies), other strategies may require extensive funding and partnerships to implement. Arizona Governor’s Office of Highway Safety (GOHS) The Arizona GOHS administers Federal funds to state, local and nonprofit organiza�ons to implement programs and projects that address safety issues on Arizona’s roadways. There are eight categories for grant programs funded by GOHS; of those eight, two of them may be relevant for SRTS:  Pedestrian and Bicycle Safety (PS). GOHS funds traffic safety programs such as bicycle rodeos for schools or other programs that are designed to increase safety awareness and skills among pedestrians and bicyclists. There is also funding for bicycle helmets and helmet fi�ngs for children in need. Programs funded in this category are required to include both educa�on and enforcement elements to increase safety awareness and address driver behavior.  Police Traffic Services/Speed Control (PTS). Focuses on enforcing and encouraging compliance with seat belt use, speed limit, aggressive/reckless driving, and other traffic laws. The grant funding can be used to pay over�me for officers and/or equipment (speed measuring devices, computers, motorcycles) to conduct enhanced enforcement for a par�cular issue. Examples of funded equipment include motorcycles, radar and laser speed measuring devices, visible speed display radar trailers, and computers. Applying for a GOHS grant begins with submission of a proposal and signed cover leter. Grant applica�ons are available for download in PDF format on the GOHS website. More informa�on can be found at: htps://azgohs.gov/grant-opportuni�es/ MAG Design Assistance Program The MAG Design Assistance Program was ini�ated to encourage the development of pedestrian and bike facili�es and s�mulate integra�on of facili�es into the planning and design of all types of projects. Projects using design assistance funds focus on developing preliminary scoping documents for a bike and/or pedestrian facility project. Types of projects that are eligible for Design Assistance funding include: projects that facilitate safe crossings and access to bike/pedestrian facili�es, bike and pedestrian access to transit, and bike and pedestrian facility construc�on and improvements (sidewalk improvements, bike lanes and shoulders, safety improvements, and signing, marking and wayfinding). A request for projects for Design Assistance funding is released by MAG in May each year. Transporta�on Alterna�ves (TA) Funding The Town of Fountain Hills, as a MAG member agency, is eligible for TA funding that can be u�lized to support SRTS projects. The funds can be u�lized for infrastructure improvements that promote and encourage walking and biking to school as well as for non-infrastructure needs such as educa�onal materials, trainings, data gathering and analysis, SRTS program support and others. The call for projects for TA funding occurs each August in conjunc�on with the Transporta�on Improvement Program (TIP) Modal programming process. Addi�onal informa�on can be found at: htps://azmag.gov/Commitees/Technical-Commitees-A-O/Ac�ve- Transporta�on-Commitee Page 58 of 58 MAG Non-Infrastructure SRTS/Support Ac�vity Projects MAG also sets aside funding for qualifying SRTS projects that would only involve non-infrastructure projects. These projects would include “Support Ac�vity Projects” that are specific ac�vi�es with the goal of encouragement, educa�on, enforcement, and evalua�on ac�vi�es. Examples include yellow school crossing roll-out signs, crossing guard safety apparel, modest volunteer incen�ves for encouragement ac�vi�es, bike helmets, and agency police staff over�me to assist with SRTS ac�vi�es, among others. More informa�on is available at: htps://azmag.gov/Programs/Transporta�on/Safety-Programs/Safe-Routes-to-School- SRTS Centers for Disease Control and Preven�on (CDC) Grant The CDC’s Office of Financial Resources awards and administers grants and coopera�ve agreements to state and local governments, domes�c non-profits/educa�onal ins�tu�ons, and domes�c for-profit groups with projects that support the mission of promo�ng health and quality of life by preven�ng and controlling disease, injury, and disability. Grants and coopera�ve agreements provide the means to transfer money, technical assistance, and exper�se to partners in exchange for their contribu�ons to federal public health goals and objec�ves. More informa�on if available at: htps://www.cdc.gov/grants/index.html APPENDIX A Stakeholder Kick Off Meeting Materials and Summary AGENDA Safe Routes to School Study For McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills High School In the Town of Fountain Hills MAG Task Order No. 0600-0180-23-E001-0938-0I.SR2302/0I.SR2303 Subject: SRTS Study Kick-Off Meeting Location: Fountain Hills Middle School Office Conference Room 15414 E McDowell Mountain Rd Fountain Hills, AZ 85268 Date/Time: Friday, February 17, 2023, 8:30 A.M. 1. Introductions Justin Weldy, Town of Fountain Hills 2. Purpose of the Study Dana Biscan, Burgess & Niple 3. SRTS – What it is and why it is important Dana Biscan 4. Roles and Responsibilities Mohammad Shaheed, MAG Project Manager 5. Key Action Items and Events Dana Biscan • Data Collection • Surveys • Existing Information (see attachment) • Observations • Walking/biking Assessment • Neighborhood Meeting • Document Review • Comment Resolution Meeting 6. Stakeholder Discussion Principal, School Staff, District Staff, Parents, COA 7. Next Steps Dana Biscan 8. Questions All Stakeholders Group Contact Information Safe Routes to School Study For McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills High School In the Town of Fountain Hills Town of Fountain Hills • Justin Weldy, Public Works Director, Stakeholder Team Leader • Rank, Name, Police Department • David Janover, Town Engineer • Andy Whisler, Assistant Town Engineer School District • Dr. Cain Jagodzisnki, Superintendent • Kris Alexander, Executive Director of Student Services McDowell Mountain Elementary School • Kevin Wilkinson, Principal • Crossing Guard • Parents Fountain Hills Middle School • Dr. Kim Weeldreyer, Principal • Crossing Guard • Parents Fountain Hills High School • Chris Hartmann, Principal • Crossing Guard • Parents Maricopa Association of Governments (MAG) • Mohammad Shaheed, PE, Transportation Engineer, mshaheed@azmag.gov, 602-452-6300 MAG Consultant: Burgess & Niple • Dana Biscan, PE Attachment Task 5a: Compile Existing Information Safe Routes to School Study For McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills High School In the Town of Fountain Hills • Existing School policies and programs related to SRTS (School) • School site plans (District) • School arrival and dismissal times (School, District) • Locations of building entrances and exits (School) for; pick-up and drop-off, students walking, and students biking (bike rack locations) • Walking/Bicycling boundaries (District, School) • Number of buses picking up or dropping off students and locations of loading/unloading zones • Number, locations, and duration of school crossing guards (School) • Existing School Crossing Agreement (City/Town Traffic Engineer, School District) • Established parking regulations and pick-up/drop-off procedures (City/Town, School Administration) • Pedestrian/vehicle and bicycle/vehicle crash data, if available (City/Town) Safe Routes to School (SRTS) Study Purpose of the SRTS Study The purpose of this study is to develop a plan to improve and  support walking and biking opportunities to and from Fountain Hills Unified School District Fountain Hills High School.  Ultimately the study will provide: •Map of preferred walking and biking routes •Complete assessment of existing issues and barriers to walking and biking •Recommendations for sidewalk and bicycle improvements •Review of school zone related traffic control treatments •Review of arrival and dismissal activities Goals of the SRTS Study Increase and Number of Students Walking and Biking  Identify Effective Solutions to Enhance Safety for Students to Walk and Bike Create an Action Plan of Improvements Combat Childhood Obesity and Public Health Issues Engage and Educate the Community Why is SRTS is Important? SRTS is not just about getting kids to and from school safety. SRTS programs can bring a wide range of benefits to  students and the community. PHYSICAL INACTIVITY Adolescents that participant in  physical activity 4 times a week are 48% less like to be overweight as  adults.  DECLINE IN WALKING AND BIKING  TO SCHOOL 48% 1969 13% 2009 *The National Center for Safe Routes to School.; American Public Health Association; Maricopa County 2017 CCHNA: Community Health Status Report CHILDHOOD OBESITY Since 1980, obesity rates for  adolescents and school‐aged  children have tripled. VEHICLE CONGESTION 10‐14% of morning rush‐hour  traffic is attributed to families  driving their children to school. Everyone Benefits Children •Increased physical activity and cardiovascular health •Arrive alert and able to focus on school •Are less likely to suffer from depression and anxiety •Get most of the 60 minutes of daily activity recommendations Neighborhoods •Decrease in vehicular usage and traffic congestion •Increased physical activity for the whole family •Increases the sense of community Schools •Students show‐up “ready to learn” •Increased efficiency and safety during pick‐ up and drop‐off times Key Strategies – Six E’s Roles and Responsibilities ENGINEERING Physical projects that are built to improve walking and bicycling  conditions Examples: crosswalks, curb extensions, and signage EDUCATION Programs designed to teach children about traffic safety, bicycle and  pedestrian skills, and traffic decision‐making Examples: school programs, assemblies, campaign programs, posters ENCOURAGEMENT Events, clubs, and activities that encourage more walking, bicycling, or  carpooling through fun activities and incentives. Examples: Bike/Walk to School Day, walking clubs, community events ENFORCEMENT Law enforcement strategies aimed at improving driver behavior near  schools and ensuring safe roads for all users. Examples: crossing guards, speed enforcement, safety patrols EVALUATION Assessing the needs of the school, developing short‐ and long‐term  solutions, and developing methods to monitor SRTS outcomes and  trends Examples: survey, focus groups, assessments EQUITY Ensure that safe, active, and healthy opportunities are addressed to  benefit all people regardless of ability, race, age, gender, ethnicity, and  socioeconomic status. Your Role as the Stakeholder Team •Provide leadership •Serve as a champion for SRTS in the community •Provide guidance and feedback •Support the development of the SRTS through data collection, attending events/meetings, etc. •Review documents for Fountain Hills Unified School District - Fountain Hills High School Study Process, Key Events, and Schedule PROJECT KICK‐OFF MEETING Introduce the Study to the  Stakeholder Team February 16, 2023 DATA COLLECTION Traffic Counts March 2023 STUDY AREA INVENTORY Preliminary Inventory of Existing Conditions February - March 2023 SURVEYS AND SRTS TOOLS Parent Survey, Student Survey March ‐ April 2023 PICK‐UP/DROP‐OFF OBSERVATIONS March - April 2023 SCHOOL COMMUNITY NEWS LETTER SRTS Team submits a newsletter containing the project  description, background, purpose, and observations. May - June 2023 WALKING/BIKING ASSESSMENT Four Teams  Conduct an Audit to Identify Walking  and Biking Concerns April 2023 DRAFT STUDY REPORT AND  WALKING/BIKING MAPS May 2023 DRAFT STUDY DOCUMENT REVIEW June 2023 FINAL SRTS DOCUMENT June 2023 Discussion •Transportation To/From School •Arrival and Dismissal Activities •Drop‐Off Locations •Traffic Congestion Problems •Safety Issues •Parking Areas and Restrictions •Current Obstacles/Barriers Safe Routes to School (SRTS) Studyfor Fountain Hills Unified School District - Fountain Hills High School Study Count Location •Four School Ingress/Egress driveways on Palisades Blvd (between Golden Eagle Blvd & Hampstead Dr) • Two School Ingress/Egress driveways on Golden Eagle Blvd (north of Palisades Blvd) • Two School Ingress/Egress driveways on Hampstead Dr (north of Palisades Blvd) MAG SRTS Studies Highlights: A complete list of SRTS Studies projects currently programmed for FY2021‐2024 can be found at http:// srts.azmag.gov  Encourage walking & biking to School  Prioritize improvements  Leverage funding  Promote partnerships  Identify effective solutions unique to each school  Streamline and expedite process Contact: Margaret Herrera, P.E. MAG Transportation Safety Program Manager Phone: 602-254-6300 E-mail: mherrera@azmag.gov Maricopa Association of Governments (MAG): Administration of Safe Routes to School (SRTS) Studies July 2021 Fact Sheet What is a SRTS Study? Conducting SRTS studies is a proactive approach to identifying safety improve- ments for k-8 students walk- ing and biking to school. The recommendations are used as a tool by local agencies, schools and school districts to prioritize improvements and can be used to leverage fu- ture funding within five and ten year budgets, or for seek- ing local, state or federal aid funding. SRTS studies are requested by local agencies in coordination with schools and school dis- tricts, as stakeholders, in or- der to promote partnerships toward the goal of encourag- ing walking and biking to school. Recommendations identified in the study are developed by third party, engineering con- sultants qualified to conduct SRTS studies, in close coordi- nation with the stakeholders. The consultant will take a “fresh look” at each school area in order to incorporate infrastructure, as well as en- forcement, education, encour- agement programs into rec- ommendations developed that are meaningful, reasona- ble, and effective solutions to address issues unique to each school and community. The tasks completed by the consultant include:  Collect data: vehicle, pedestrian, bicyclist counts as well as any available crash data,  Conduct pick-up and drop-off event observa- tions,  Conduct parent and stu- dent surveys,  Assess pedestrian and bicyclist facilities,  Develop SRTS report to include walking and biking route maps. The main deliverable of a SRTS study is a report docu- menting the study process, findings, and recommenda-tions, as well as the walking/ biking route maps. Potential federal aid funding sources for implementing recommenda-tions will be included in the report. MAG SRTS Studies Program In order to help expedite and streamline the process, MAG has obtained approval from the Arizona Department of Transportation (ADOT) to carry out the SRTS studies through existing MAG con- sultant contracts. There will be no need for an IGA be- tween local agencies and MAG and the required local match can be met with in- kind services. Local agen- cies will no longer have to process reimbursement pay- ments to ADOT for these projects. Once the funds awarded to local agencies have been authorized, we can get right to work on the scope in coordination with the local agency and school/ district staff. Once the scope has been approved by these stakeholders, MAG will assign task orders to on-call consult- ants. The SRTS studies will have a six to eight month timeline. All tasks in the scope will be completed by the consult- ant assigned the task order, in close coordination with the Stakeholders. Throughout the scope development and study timeline, stakeholders will have the opportunity to:  Refine the study scope  Identify issues and barriers  Participate in development of recommendations  Review study documents  Form partnerships Estimated Staff Time Commitment (Hours within the 6-8 month Study City (Town) 40 School 15 District 10 McDowell Mountain Elementary School a. Hampstead Dr & Glendora Dr b. Hampstead Dr & Balsam Dr c. Fayette Dr & Carmel Dr d. Fayette Dr & Greenhurst Ave Fountain Hills Middle School a. Fountain Hills Blvd & Glenbrook Blvd b. Fountain Hills Blvd & South School Ingress/Egress c. Fountain Hills Blvd & North School Ingress/Egress Fountain Hills High School a. Four School Ingress/Egress driveways on Palisades Blvd (between Golden Eagle Blvd & Hampstead Dr) b. Two School Ingress/Egress driveways on Golden Eagle Blvd (north of Palisades Blvd) c. Two School Ingress/Egress driveways on Hampstead Dr (north of Palisades Blvd) SUMMARY Safe Routes to School Study For McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills High School In the Town of Fountain Hills MAG Task Order No. 0600-0180-23-E001-0938-0I.SR2302/0I.SR2303 Subject: SRTS Study Kick-Off Meeting Location: Fountain Hills Middle School Office Conference Room 15414 E McDowell Mountain Rd Fountain Hills, AZ 85268 Date/Time: Friday, February 17, 2023, 8:30 A.M. Attendees: Mohammad Shaheed, Maricopa Association of Governments (MAG) David Janover, Town of Fountain Hills (Town) Justin Weldy, Town of Fountain Hills Kris Alexander, Fountain Hills School District Dr. Cain Jagodzisnki, Fountain Hills School District Dr. Kim Weeldreyer, Fountain Hills Middle School Chris Hartmann, Fountain Hills High School Phil Asiedu, Maricopa County Sheriff’s Office Amber Hampton, Maricopa County Sheriff’s Office Dana Biscan, Burgess & Niple (B&N) Brooke Logan, B&N 1. Introductions Justin Weldy, Town of Fountain Hills, welcomed attendees to the meeting and introductions followed. 2. Purpose of the Study Dana Biscan, B&N, explained the purpose of the SRTS studies. The study will proactively identify solutions to improve school traffic flow and safety, while encouraging walking and biking to school. 3. SRTS – What it is and why it is important Ms. Biscan described what SRTS are and why they are important. Details are included in the attachment that was distributed. 4. Roles and Responsibilities Mohammad Shaheed, MAG, explained the roles and responsibilities of the project team. The project will require stakeholder coordination throughout the duration of the project. 5. Key Action Items and Events Ms. Biscan discussed the key action items to occur as part of the study: • Data Collection o Vehicle, bicycle, and pedestrian traffic counts will be conducted at various intersections near the schools. Count locations are attached. Attendees concurred with their appropriateness. • Surveys o Two surveys will be conducted: one parent survey and one student survey. The parent survey will be electronic with a link provided for the survey in English and Spanish. Paper copies will be available at the front office. The student survey is paper copy only and will be conducted by teachers. Survey delivery and parent notice can be coordinated with Krista Andreae. • Existing Information (see attachment) o This data is to be provided to B&N by the Town and the schools. Krista Andreae is the contact person for obtaining the data from the schools. o The Town will provide available crash data. • Observations and Walking/biking Assessment o Drop-off/pick-up observations and assessment dates will be scheduled. It was requested that a copy of the checklist used for the assessment be sent to Chris Hartmann. • School Newsletter o A newsletter will be developed including a brief summary of the surveys and on-site data collection. The schools send outreach emails to parents every Friday. Parents must be notified before counts or field observations commence. • Document Review • Comment Resolution Meeting 6. Stakeholder Discussion It was noted that the school sites will change next school year (2023-2024). The schools will be updated as follows: • McDowell Mountain Elementary School – Preschool (5 years old and younger) • Fountain Hills Middle School – Grades K-5 • Fountain Hills High School – Grades 6-12 The McDowell Mountain Elementary School site will have limited staff. Queues extending onto narrow Fayette Drive are experienced. Drivers crossing the double yellow striping have been observed. Changing the drop-off/pick-up from the roundabout to the longer loop may reduce queuing on Layette Drive. The school can work with the Town to construct interim signing and striping for this adjustment. Changing the exit driveway to right-in, right-out only may improve traffic flow. Private property south of Fountain Hills Middle School is commonly utilized as a drop-off/pick-up location. Students then walk across the parking lot to/from school. Once on campus, they traverse a high conflict location. The left-turn queue to enter the school extends past Glenbrook Drive along Fountain Hills Boulevard, within the crosswalk. Traffic entering the school zone from the north leg of McDowell Mountain Road travels at high speeds. Traffic calming measures such as rumble strips or improved school zone signing could be considered approaching from east. Vegetation has been removed to improve visibility around the curve. It is anticipated that walking traffic will decrease when the site becomes an elementary school. Rerouting school site circulation was discussed, with parents circling around the baseball fields. This would move queuing onsite and mitigate the conflict point. There was also discussion related to relocating the crosswalk closer to the school driveway. Drivers have been observed failing to yield to pedestrians in the crosswalk on numerous occasions. The middle school will be located on the Golden Eagle Boulevard side of the Fountain Hills High School site next school year. The entrance for the buses and disabled children is located next to the tennis courts. There is queuing due to the pickleball courts, though play on the courts will be prohibited during drop off/pick up next year. It was noted that a flashing crossing beacon is present at the Palisades Boulevard and Hampstead Drive intersection because it is minor street stop controlled. Through traffic along Palisades Boulevard does not stop. A flashing crossing beacon is not present at the Palisades Boulevard and Golden Eagle Boulevard intersection because traffic is required to stop at all approaches. 7. Next Steps Dates for on-site data collection and observations will be scheduled, one day per school (three days in total). Parents will be notified via the weekly newsletter that the study team will be on site collecting traffic count data, observing pick-up/drop-off activities, and conducting walking/biking assessments. Mr. Shaheed will provide the parent and student surveys and parent notification template to B&N. The survey notification will be sent to the contact person provided, Krista Andreae, to be included in the weekly newsletter. The walking/biking assessment checklist will be sent to Chris Hartmann prior to initial day of data collection. Contact Information: Krista Andreae - kandreae@fhacademics.org Chris Hartmann - chartmann@fhacademics.org 8. Questions Questions were addressed during stakeholder discussion. APPENDIX B Traffic Counts Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 Southbound 1 Location:Hampstead Drive Eastbound 1 and Northern Driveway Westbound Intersection Configuration: Unsignalized #### 97 50 0 55 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 6:30 AM 0 1 0 0 0 0 13 0 1 0 0 0 0 0 0 0 0 0 0 0 14 0 6:45 AM 0 2 0 0 0 0 14 0 2 0 0 0 0 1 0 0 0 0 0 0 16 201 0 7:00 AM 25 10 0 0 0 0 13 24 1 0 0 0 0 1 0 0 0 0 0 0 72 0 0 7:15 AM 70 24 0 0 0 0 18 69 1 0 0 0 0 0 0 0 0 0 0 0 181 283 0 0 7:30 AM 4 9 0 0 0 0 10 2 0 0 0 0 0 2 0 0 0 0 0 0 25 294 0 7:45 AM 5 12 0 1 0 0 9 2 1 0 0 0 0 0 0 0 0 0 0 0 28 306 N 8:00 AM 2 15 0 0 0 0 16 3 1 0 0 0 0 2 0 0 0 0 0 0 36 270 50 104 55 0 8:15 AM 1 21 0 1 0 0 21 0 1 0 0 0 0 0 0 0 0 0 0 0 43 132 Peak Hour Total 104 55 0 1 0 0 50 97 3 0 0 0 0 3 0 0 0 0 0 0 306 #### 18 33 0 109 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 1:15 PM 2 16 0 0 0 0 6 2 0 0 0 0 0 0 0 0 0 0 0 0 26 0 1:30 PM 3 10 0 0 0 0 7 1 0 0 0 0 0 0 0 0 0 0 0 0 21 40 0 1:45 PM 2 7 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 15 2 0 2:00 PM 7 11 0 0 0 0 7 5 0 0 0 0 0 1 0 0 0 0 0 0 30 92 0 0 2:15 PM 15 50 0 0 0 0 6 14 2 0 2 0 0 1 0 0 0 0 0 0 87 153 0 2:30 PM 1 10 0 0 0 0 5 2 1 0 0 0 0 0 0 0 0 0 0 0 18 150 N 2:45 PM 1 21 0 0 0 0 7 0 0 0 0 0 0 1 0 0 0 0 0 0 29 164 33 22 107 0 3:00 PM 5 26 0 0 0 0 15 2 2 0 0 0 0 0 0 0 0 0 0 0 48 182 Peak Hour Total 22 107 0 0 0 0 33 18 5 0 2 0 0 2 0 0 0 0 0 0 182 Peak Hour7:00 AM Peak HourTotal Total 0 147 0 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 25 25 Project No:TC23021 129 Hampstead Drive Hampstead Drive Northern Driveway Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 2 182 306 0 51 2:15 PM 159 10 Hampstead Drive Northern Driveway Northern Driveway West CrosswalkEastbound Hampstead Drive Northern Driveway Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 Southbound 1 Location:Hampstead Drive Eastbound 1 and Southern Driveway Westbound Intersection Configuration: Unsignalized #### 0 49 0 159 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 6:30 AM 0 1 0 0 0 0 13 0 0 0 0 0 0 0 0 0 0 0 0 0 14 0 6:45 AM 0 2 0 0 0 0 14 0 0 0 0 0 0 2 0 0 0 0 0 0 16 0 0 7:00 AM 0 30 0 0 0 0 11 0 0 0 4 0 2 1 0 0 0 0 0 0 47 28 0 7:15 AM 0 72 0 0 0 0 19 0 0 0 21 0 12 0 0 0 0 0 0 0 124 201 0 0 7:30 AM 0 13 0 0 0 0 9 0 0 0 2 0 2 2 0 0 0 0 0 0 26 213 16 7:45 AM 0 16 0 0 0 0 10 0 0 0 1 0 0 1 0 0 0 0 0 0 27 224 N 8:00 AM 0 15 0 0 0 0 17 0 0 0 2 0 0 2 0 0 0 0 0 0 34 211 65 0 131 0 8:15 AM 0 21 0 0 0 0 21 0 0 0 1 0 0 0 0 0 0 0 0 0 43 130 Peak Hour Total 0 131 0 0 0 0 49 0 0 0 28 0 16 4 0 0 0 0 0 0 224 #### 0 32 0 128 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 1:15 PM 0 14 0 0 0 0 7 0 0 0 4 0 2 0 0 0 0 0 0 0 27 0 1:30 PM 0 12 0 0 0 0 7 0 0 0 1 0 3 0 0 0 0 0 0 0 23 0 0 1:45 PM 0 9 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 15 42 0 2:00 PM 0 18 0 0 0 0 7 0 0 0 0 0 0 1 0 0 0 0 0 0 25 90 0 0 2:15 PM 0 26 0 0 0 0 5 0 0 0 37 0 45 1 0 0 0 0 0 0 113 176 50 2:30 PM 0 8 0 0 0 0 5 0 0 0 3 0 3 1 0 0 0 0 0 0 19 172 N 2:45 PM 0 21 0 0 0 0 7 0 0 0 1 0 1 1 0 0 0 0 0 0 30 187 82 0 86 0 3:00 PM 0 31 0 0 0 0 15 0 0 0 1 0 1 0 0 0 0 0 0 0 48 210 Peak Hour Total 0 86 0 0 0 0 32 0 0 0 42 0 50 3 0 0 0 0 0 0 210 10 Hampstead Drive Southern Driveway Southern Driveway West CrosswalkEastbound Hampstead Drive Southern Driveway 92 210 224 0 32 2:15 PM 131 86 Hampstead Drive Hampstead Drive Southern Driveway Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 25 25 Project No:TC23021 Peak Hour7:00 AM Peak HourTotal Total 44 49 0 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound Southbound 1 Location:Eastern Driveway Eastbound 1 and Palisades Boulevard Westbound 1 2 Intersection Configuration: Unsignalized #### 27 0 36 77 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 6:30 AM 0 0 0 0 0 0 0 0 0 0 1 24 0 0 0 0 85 2 0 0 112 31 6:45 AM 0 0 0 0 0 0 0 0 2 0 6 38 0 0 0 0 71 3 0 0 118 519 492 7:00 AM 0 0 0 0 0 7 0 5 1 0 11 56 0 0 0 0 113 3 0 0 195 46 0 7:15 AM 0 0 0 0 0 19 0 22 1 0 36 79 0 0 0 0 154 21 0 0 331 756 343 379 7:30 AM 0 0 0 0 0 10 0 4 1 0 5 78 0 0 0 0 110 2 0 0 209 853 0 7:45 AM 0 0 0 0 0 3 0 1 3 0 2 98 0 0 0 0 122 4 0 0 230 965 N 8:00 AM 0 0 0 0 0 4 0 0 2 0 3 88 0 0 0 0 106 4 0 0 205 975 0 0 0 0 8:15 AM 0 0 0 0 0 3 0 0 0 0 0 81 0 0 0 0 133 4 0 0 221 865 Peak Hour Total 0 0 0 0 0 36 0 27 7 0 46 343 0 0 0 0 492 31 0 0 975 #### 25 0 34 27 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 1:15 PM 0 0 0 0 0 1 0 1 0 0 2 102 0 0 0 0 110 2 0 0 218 18 1:30 PM 0 0 0 0 0 0 0 1 0 0 0 120 0 0 0 0 119 3 0 0 243 499 474 1:45 PM 0 0 0 0 0 2 0 0 0 0 1 112 0 0 0 0 118 1 0 0 234 9 0 2:00 PM 0 0 0 0 0 2 0 0 2 0 1 97 0 0 0 0 114 4 0 0 218 913 487 521 2:15 PM 0 0 0 0 0 20 0 16 3 1 3 110 0 1 0 0 117 8 1 0 274 969 0 2:30 PM 0 0 0 0 0 10 0 3 3 0 3 115 0 0 0 0 103 2 0 0 236 962 N 2:45 PM 0 0 0 0 0 2 0 3 1 0 0 140 0 0 0 0 126 2 0 0 273 1001 0 0 0 0 3:00 PM 0 0 0 0 0 2 0 3 0 0 3 122 0 0 0 0 128 6 0 0 264 1047 Peak Hour Total 0 0 0 0 0 34 0 25 7 1 9 487 0 1 0 0 474 18 1 0 1047 35 35 Eastern Driveway Palisades Boulevard Palisades Boulevard West CrosswalkEastbound Eastern Driveway Palisades Boulevard 496 1047 975 492 59 2:15 PM 0 0 Eastern Driveway Eastern Driveway Palisades Boulevard Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 10 Project No:TC23021 Peak Hour7:15 AM Peak HourTotal Total 389 63 523 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound Southbound Location:Bus Ingress Eastbound 2 and Palisades Boulevard Westbound 1 1 Intersection Configuration: Unsignalized #### 0 0 0 2 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 6:30 AM 0 0 0 0 0 0 0 0 0 0 0 25 0 0 0 0 85 0 0 0 110 2 6:45 AM 0 0 0 0 0 0 0 0 2 0 0 44 0 0 0 0 71 0 0 0 115 517 517 7:00 AM 0 0 0 0 0 0 0 0 1 0 0 67 0 0 0 0 109 9 0 0 185 0 0 7:15 AM 0 0 0 0 0 0 0 0 1 0 0 115 0 0 0 0 175 1 0 0 291 701 389 389 7:30 AM 0 0 0 0 0 0 0 0 2 0 0 83 0 0 0 0 113 1 0 0 197 788 0 7:45 AM 0 0 0 0 0 0 0 0 3 0 0 100 0 0 0 0 123 0 0 0 223 896 N 8:00 AM 0 0 0 0 0 0 0 0 2 0 0 91 0 0 0 0 106 0 0 0 197 908 0 0 0 0 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 81 0 0 0 0 133 0 0 0 214 831 Peak Hour Total 0 0 0 0 0 0 0 0 8 0 0 389 0 0 0 0 517 2 0 0 908 #### 0 0 0 2 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 1:15 PM 0 0 0 0 0 0 0 0 0 0 0 104 0 0 0 0 111 0 0 0 215 2 1:30 PM 0 0 0 0 0 0 0 0 0 0 0 120 0 0 0 0 120 0 0 0 240 497 497 1:45 PM 0 0 0 0 0 0 0 0 0 0 0 113 0 0 0 0 118 0 0 0 231 0 0 2:00 PM 0 0 0 0 0 0 0 0 1 0 0 98 0 0 0 0 107 7 0 0 212 898 496 496 2:15 PM 0 0 0 0 0 0 0 0 0 0 0 113 0 0 0 0 132 1 0 0 246 929 0 2:30 PM 0 0 0 0 0 0 0 0 1 0 0 118 0 0 0 0 105 1 0 0 224 913 N 2:45 PM 0 0 0 0 0 0 0 0 1 0 0 140 0 0 0 0 129 0 0 0 269 951 0 0 0 0 3:00 PM 0 0 0 0 0 0 0 0 0 0 0 125 0 0 0 0 131 0 0 0 256 995 Peak Hour Total 0 0 0 0 0 0 0 0 2 0 0 496 0 0 0 0 497 2 0 0 995 Peak Hour7:15 AM Peak HourTotal Total 389 0 519 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit Project No:TC23021 0 Bus Ingress Bus Ingress Palisades Boulevard Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 496 995 908 499 0 2:15 PM 0 35 35 Bus Ingress Palisades Boulevard Palisades Boulevard West CrosswalkEastbound Bus Ingress Palisades Boulevard Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound Southbound Location:Bus Egress Eastbound 2 and Palisades Boulevard Westbound 2 Intersection Configuration: Unsignalized #### 3 0 0 0 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 6:30 AM 0 0 0 0 0 0 0 0 0 0 0 25 0 0 0 0 85 0 0 0 110 0 6:45 AM 0 0 0 0 0 0 0 0 2 0 0 44 0 0 0 0 71 0 0 0 115 520 517 7:00 AM 0 0 0 0 0 0 0 9 1 0 0 67 0 0 0 0 109 0 0 0 185 0 0 7:15 AM 0 0 0 0 0 0 0 1 0 0 0 115 0 0 0 0 175 0 0 0 291 701 389 389 7:30 AM 0 0 0 0 0 0 0 1 3 0 0 83 0 0 0 0 113 0 0 0 197 788 0 7:45 AM 0 0 0 0 0 0 0 1 3 0 0 100 0 0 0 0 123 0 0 0 224 897 N 8:00 AM 0 0 0 0 0 0 0 0 2 0 0 91 0 0 0 0 106 0 0 0 197 909 0 0 0 0 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 81 0 1 0 0 133 0 0 0 214 832 Peak Hour Total 0 0 0 0 0 0 0 3 8 0 0 389 0 0 0 0 517 0 0 0 909 #### 10 0 0 0 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 1:15 PM 0 0 0 0 0 0 0 0 0 0 0 104 0 0 0 0 111 0 0 0 215 0 1:30 PM 0 0 0 0 0 0 0 0 0 0 0 120 0 0 0 0 120 0 0 0 240 507 497 1:45 PM 0 0 0 0 0 0 0 0 0 0 0 113 0 0 0 0 118 0 0 0 231 0 0 2:00 PM 0 0 0 0 0 0 0 0 1 0 0 98 0 0 0 0 107 0 0 0 205 891 496 496 2:15 PM 0 0 0 0 0 0 0 9 0 0 0 113 0 0 0 0 132 0 0 0 254 930 0 2:30 PM 0 0 0 0 0 0 0 1 1 0 0 118 0 0 0 0 105 0 0 0 224 914 N 2:45 PM 0 0 0 0 0 0 0 0 1 0 0 140 0 0 0 0 129 0 0 0 269 952 0 0 0 0 3:00 PM 0 0 0 0 0 0 0 0 0 0 0 125 0 0 0 0 131 0 0 0 256 1003 Peak Hour Total 0 0 0 0 0 0 0 10 2 0 0 496 0 0 0 0 497 0 0 0 1003 35 35 Bus Egress Palisades Boulevard Palisades Boulevard West CrosswalkEastbound Bus Egress Palisades Boulevard 496 1003 909 497 10 2:15 PM 0 0 Bus Egress Bus Egress Palisades Boulevard Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk Turning Movement Count March 21, 2023 (Tuesday) Speed Limit Project No:TC23021 Peak Hour7:15 AM Peak HourTotal Total 389 3 517 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound Southbound 1 Location:Western Driveway Eastbound 1 1 and Palisades Boulevard Westbound 2 Intersection Configuration: Unsignalized #### 1 0 0 14 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 6:30 AM 0 0 0 0 0 0 0 0 0 0 0 25 0 0 0 0 85 0 0 0 110 14 6:45 AM 0 0 0 0 0 0 0 0 2 0 0 44 0 0 0 0 68 3 0 0 115 507 506 7:00 AM 0 0 0 0 0 0 0 1 1 0 0 67 0 0 0 0 114 4 0 0 186 0 0 7:15 AM 0 0 0 0 0 0 0 1 0 0 0 115 0 0 0 0 166 10 0 0 292 703 389 389 7:30 AM 0 0 0 0 0 0 0 0 3 0 0 83 0 0 0 0 112 2 0 0 197 790 0 7:45 AM 0 0 0 0 0 0 0 0 3 0 0 100 0 0 0 0 122 2 0 0 224 899 N 8:00 AM 0 0 0 0 0 0 0 0 2 0 0 91 0 0 0 0 106 0 1 0 197 910 0 0 0 0 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 81 0 0 0 0 131 2 0 0 214 832 Peak Hour Total 0 0 0 0 0 0 0 1 8 0 0 389 0 0 0 0 506 14 1 0 910 #### 9 0 0 4 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 1:15 PM 0 0 0 0 0 0 0 0 0 0 0 104 0 0 0 0 111 0 0 0 215 4 1:30 PM 0 0 0 0 0 0 0 1 0 0 0 120 0 0 0 0 119 1 0 0 241 512 503 1:45 PM 0 0 0 0 0 0 0 1 0 0 0 113 0 0 0 0 118 0 0 0 232 0 0 2:00 PM 0 0 0 0 0 0 0 2 2 0 0 98 0 0 0 0 105 2 0 0 207 895 496 496 2:15 PM 0 0 0 0 0 0 0 0 0 0 0 113 0 0 0 0 139 2 0 0 254 934 0 2:30 PM 0 0 0 0 0 0 0 4 1 0 0 118 0 0 0 0 104 2 0 0 228 921 N 2:45 PM 0 0 0 0 0 0 0 2 1 0 0 140 0 0 0 0 129 0 0 0 271 960 0 0 0 0 3:00 PM 0 0 0 0 0 0 0 3 0 0 0 125 0 0 0 0 131 0 0 0 259 1012 Peak Hour Total 0 0 0 0 0 0 0 9 2 0 0 496 0 0 0 0 503 4 0 0 1012 Peak Hour7:15 AM Peak HourTotal Total 389 1 520 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 10 Project No:TC23021 0 Western Driveway Western Driveway Palisades Boulevard Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 496 1012 910 507 9 2:15 PM 0 35 35 Western Driveway Palisades Boulevard Palisades Boulevard West CrosswalkEastbound Western Driveway Palisades Boulevard Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 1 Southbound 1 2 Location:Golden Eagle Boulevard Eastbound and Southern Driveway Westbound Intersection Configuration: Unsignalized #### 0 304 3 230 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 6:30 AM 0 26 0 0 0 0 30 0 0 0 0 0 0 0 0 0 0 0 0 0 56 0 6:45 AM 0 40 0 0 0 0 45 0 0 0 0 0 0 0 0 0 0 0 1 0 85 0 0 7:00 AM 0 43 2 0 0 0 74 0 0 0 0 0 0 0 0 0 0 0 1 0 119 0 0 7:15 AM 0 77 2 0 0 2 83 0 2 0 0 0 0 0 0 0 0 0 0 0 164 424 0 9 7:30 AM 0 48 1 0 0 1 68 0 0 0 0 0 0 0 0 0 0 0 2 0 118 486 0 7:45 AM 0 62 1 0 0 0 79 0 0 0 0 0 0 0 0 0 0 0 4 0 142 543 N 8:00 AM 0 54 0 0 0 0 53 0 0 0 0 0 0 0 0 0 0 0 1 0 107 531 304 0 230 6 8:15 AM 0 62 0 0 0 0 65 0 0 0 0 0 0 0 0 0 0 0 1 0 127 494 Peak Hour Total 0 230 6 0 0 3 304 0 2 0 0 0 0 0 0 0 0 0 7 0 543 #### 0 222 1 294 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 1:15 PM 0 57 1 0 0 0 68 0 0 0 0 0 0 0 0 0 0 0 0 0 126 0 1:30 PM 0 50 0 0 0 0 67 0 0 0 0 0 0 0 0 0 0 0 0 0 117 0 0 1:45 PM 0 75 0 0 0 1 66 0 0 0 0 0 0 0 0 0 0 0 0 0 142 0 0 2:00 PM 0 57 1 0 0 2 65 0 0 0 0 0 0 0 0 0 0 0 2 0 125 510 0 5 2:15 PM 0 67 3 0 0 0 52 0 0 0 0 0 0 0 0 0 0 0 4 0 122 506 0 2:30 PM 0 73 0 0 0 0 50 0 0 0 0 0 0 0 0 0 0 0 0 0 123 512 N 2:45 PM 0 70 0 0 0 1 62 0 0 0 0 0 0 0 0 0 0 0 1 0 133 503 222 0 294 4 3:00 PM 0 84 1 0 0 0 58 0 0 0 0 0 0 0 0 0 0 0 0 0 143 521 Peak Hour Total 0 294 4 0 0 1 222 0 0 0 0 0 0 0 0 0 0 0 5 0 521 Peak Hour7:00 AM Peak HourTotal Total 0 307 0 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 35 35 Project No:TC23021 298 Golden Eagle Boulevard Golden Eagle Boulevard Southern Driveway Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 0 521 543 0 223 2:15 PM 236 Golden Eagle Boulevard Southern Driveway Southern Driveway West CrosswalkEastbound Golden Eagle Boulevard Southern Driveway Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 1 Southbound 2 Location:Golden Eagle Boulevard Eastbound and Northern Driveway Westbound 1 Intersection Configuration: Unsignalized #### 0 299 1 237 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 6:30 AM 0 26 2 0 0 0 31 0 0 0 0 0 0 0 0 0 0 2 0 0 61 8 6:45 AM 0 40 0 0 0 0 44 0 1 0 0 0 0 0 0 0 0 0 0 0 84 0 0 7:00 AM 0 46 2 0 0 0 72 0 0 0 0 0 0 0 0 0 0 2 3 0 122 0 3 7:15 AM 0 76 0 0 0 1 82 0 0 0 0 0 0 0 0 2 0 5 2 0 166 433 0 3 7:30 AM 0 47 0 0 0 0 67 0 0 0 0 0 0 0 0 1 0 1 1 0 116 488 0 7:45 AM 0 60 0 0 0 0 78 0 0 0 0 0 0 0 0 0 0 0 4 0 138 542 N 8:00 AM 0 54 2 0 0 1 55 0 0 0 0 0 0 0 0 0 0 1 1 0 113 533 302 0 229 2 8:15 AM 0 60 1 0 0 0 60 0 0 0 0 0 0 0 0 1 0 2 1 0 124 491 Peak Hour Total 0 229 2 0 0 1 299 0 0 0 0 0 0 0 0 3 0 8 10 0 542 #### 0 212 1 295 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 1:15 PM 0 56 0 0 0 0 67 0 0 0 0 0 0 0 0 0 0 0 0 0 123 4 1:30 PM 0 49 0 0 0 0 63 0 0 0 0 0 0 0 0 1 0 0 0 0 113 0 0 1:45 PM 0 73 0 0 0 0 65 0 0 0 0 0 0 0 0 0 0 1 0 0 139 0 8 2:00 PM 0 58 0 0 0 0 68 0 0 0 0 0 0 0 0 0 0 2 2 0 128 503 0 1 2:15 PM 0 66 0 0 0 1 48 0 0 0 0 0 0 0 0 3 0 2 2 0 120 500 0 2:30 PM 0 73 0 0 0 0 48 0 0 0 0 0 0 0 0 1 0 0 0 0 122 509 N 2:45 PM 0 68 0 0 0 0 59 0 0 0 0 0 0 0 0 2 0 0 1 0 129 499 220 0 291 0 3:00 PM 0 84 0 0 0 0 57 0 0 0 0 0 0 0 0 2 0 2 0 0 145 516 Peak Hour Total 0 291 0 0 0 1 212 0 0 0 0 0 0 0 0 8 0 4 3 0 516 10 Golden Eagle Boulevard Northern Driveway Northern Driveway West CrosswalkEastbound Golden Eagle Boulevard Northern Driveway 0 516 542 12 213 2:15 PM 231 291 Golden Eagle Boulevard Golden Eagle Boulevard Northern Driveway Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 35 35 Project No:TC23021 Peak Hour7:00 AM Peak HourTotal Total 0 300 11 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound APPENDIX C Community Outreach Parent Survey about School Travel We want to learn your thoughts about children traveling to school. This survey will take about 5-10 minutes, and responses will be confidential. We will not ask for your name or your child's name. If applicable, please complete a separate survey for each of your children. Thank you for your time! 1. Please enter today's date (MM/DD/YYYY): _______________________________________________________ 2. What is the name of your child’s school? _________________________________________________________ Please check a response for each question below. Yes No Not Applicable 3. Does your school provide a bus for your child? 4. Do you have a car available to drive your child to school? 5. Does your child have a bike to ride to school? 6. Do you coordinate with other adults to get your child to school? 7. How far do you live from school? <¼ mile ¼ - ½ mile ½ - ¾ mile ¾ - 1 mile 1-2 miles >2 miles Don’t know 8. What is the nearest street intersection to your home? (Provide intersecting streets) Street #1 ____________________________________ & Street #2 ___________________________________ 9. Please check the number of days per week your child uses the following modes to get TO and FROM school. To School From School 0 1 2 3 4 5 0 1 2 3 4 5 Walk Walk Bike Bike Car Car Bus or other public transportation Bus or other public transportation Carpool Carpool Other: Please describe: Other: Please describe: ____________________________________________ ___________________________________________ Please continue the survey on the back of this page. Yes No 10.Has your child asked for permission to walk or bike to/from school this year? 11. Would you ever want your child to walk or bike to school? Please check the box that indicates your level of agreement with the following statements about the trip to school. Strongly Disagree Disagree Agree Strongly Agree Not Applicable 12. Other kids my child’s age walk or bike. 13. My child has fun walking or biking. 14. My child’s school encourages walking and biking. 15. The weather prevents my child from walking or biking. 16. It is easier to drive my child or have them take the bus. Please check the box that indicates your level of agreement with the following statements about the trip to school. Strongly Disagree Disagree Agree Strongly Agree Not Applicable 17. There are not enough crossing guards. 18. There is too much traffic. 19. The sidewalks are not safe enough. 20.Intersections are dangerous. 21. There is too much violence or crime. 22.Speed of traffic is too fast. 23. Please provide your child’s grade: ________________________________________________________ 24. Please provide your child's gender:Male Female Non-Binary Prefer not to answer 25. Please provide your gender:Male Female Non-Binary Prefer not to answer 26. What could your school or community do to improve walking, biking, or rolling to school? ________________________________________________________________________________________ ________________________________________________________________________________________ 27. Is there anything else you would like to share with us? ________________________________________________________________________________________ ________________________________________________________________________________________ Encuesta Para Padres Sobre Transporte a y de la Escuela Queremos conocer sus pensamientos acerca de los niños que viajan a la escuela. Esta encuesta tomará de 5 a 10 minutos y las respuestas serán confidenciales. No le preguntaremos su nombre ni el de su hijo. Si corresponde, complete una encuesta por separado para cada uno de sus hijos. Gracias por su tiempo! 1. Por favor ingrese la fecha de hoy (DD / MM / AAAA): _______________________________________________ 2. ¿Cuál es el nombre de la escuela de su hijo? _____________________________________________________ Por favor marque una respuesta para cada pregunta a continuación. Sí No No corresponde 3. ¿Su escuela proporciona un autobús para su hijo? 4. ¿Tiene un automóvil disponible para llevar a su hijo a la escuela? 5. ¿Tiene su hijo una bicicleta para ir a la escuela? 6. ¿Coordina con otros adultos para llevar a su hijo a la escuela? 7. ¿Qué tan lejos vive de la escuela? <¼ de milla ¼ - ½ milla ½ - ¾ de milla ¾ - 1 milla 1-2 millas > 2 millas No sé 8. ¿Cuál es la intersección de calles más cercana a su casa? (Indique las calles que se cruzan) Calle # 1 ____________________________________ y Calle # 2 ___________________________________ 9. Por favor, marque la cantidad de días a la semana que su hijo usa los siguientes modos para llegar y regresarde la escuela. A la escuela De la escuela 0 1 2 3 4 5 0 1 2 3 4 5 Caminar Caminar Bicicleta Bicicleta Coche Coche Autobús u otro transporte público Autobús u otro transporte público Carpool Carpool Otro: Describa _______________ Otro: Describa ______________ Sí No 10. ¿Ha preguntado su hijo por permiso para caminar o ir en bicicleta para llegar o regresar de la escuela este año? 11. ¿Quiere que su hijo vaya a la escuela a pie o en bicicleta? Marque la casilla que indica su nivel de acuerdo con las siguientes declaraciones sobre el viaje a la escuela. Totalmente de desacuerdo De desacuerdo De acuerdo Totalmente de acuerdo No aplica 12. Otros niños de la edad de mi hijo caminan o andan enbicicleta. 13. Mi hijo se divierte caminando o andando en bicicleta. 14. La escuela de mi hijo anima a caminar y andar enbicicleta. 15. El clima no deja que mi hijo camine o ande en bicicleta. 16. Es más fácil manejar a mi hijo o hacer que tome elautobús. Marque la casilla que indica su nivel de acuerdo con las siguientes declaraciones sobre el viaje a la escuela. Totalmente de desacuerdo De desacuerdo De acuerdo Totalmente de acuerdo No aplica 17. No hay suficientes guardias de cruce. 18. Hay demasiado tráfico. 19. Las aceras (o banquetas) no son suficientemente seguras. 20. Las intersecciones son peligrosas. 21. Hay demasiada violencia o delincuencia. 22.Velocidad de tráfico es demasiado rápido. 23. Indique el grado de su hijo: ________________________________________________________ 24. Indique el sexo de su hijo:Masculino Femenino Otro Prefiero no contestar 25. Indique su género:Masculino Femenino Otro Prefiero no contestar 26.Qué podría hacer su escuela o comunidad para mejorar el caminar o andar en bicicleta a la escuela? ________________________________________________________________________________________ ________________________________________________________________________________________ 27.Hay algo más que le gustaría compartir con nosotros? ________________________________________________________________________________________ ________________________________________________________________________________________ Does your school provide a bus for your child?Do you have a car available to drive your child to school?Does your child have a bike to ride to school?Do you coordinate with other adults to get your child to/from school?About how far do you live from school?Walk Bike Bus or Other Public TransportationCarCarpoolOther How many minutes does it take for your child to walk to school on average?How many minutes does it take for your child to bike to school on average?How many minutes does it take for your child to walk to the bus stop on average?How many minutes does it take to drive your child to school on average?Walk Bike Bus or Other Public TransportationCarCarpoolOther How many minutes does it take for your child to walk from school on average? Yes Yes No No 1/2 mile up to 3/4 mile0 0 0 5 0 0 3 0 0 0 5 0 0 Yes Yes Yes Not Applicable3/4 mile up to 1 mile1 0 0 0 4 0 25 1 0 0 0 4 0 25 Yes Yes Yes Yes 3/4 mile up to 1 mile0 0 0 5 0 0 5 0 0 0 5 0 0 Yes Yes Not ApplicableNot Applicable1 mile up to 2 miles 0 0 0 5 0 0 5 0 0 0 5 0 0 No Yes No No More than 2 miles 0 0 0 5 0 0 7 0 0 0 5 0 0 Yes No Yes No Less than 1/4 mile 0 5 0 0 0 0 3 0 5 0 0 0 0 Yes Yes Yes No 1/4 mile up to 1/2 mile0 0 0 5 0 0 5 0 0 0 5 0 0 Yes Yes Yes Yes 1/4 mile up to 1/2 mile2 0 0 3 10 5 2 0 0 3 0 0 10 Yes Yes Not ApplicableNot ApplicableMore than 2 miles 0 0 0 5 0 0 10 0 0 0 4 1 0 Yes Yes Not ApplicableNot ApplicableMore than 2 miles 0 0 0 5 0 0 10 0 0 0 5 1 0 No Yes Not ApplicableNo More than 2 miles 0 0 0 5 0 0 45 0 0 0 5 0 0 Yes Yes No No 1 mile up to 2 miles 5 5 5 Yes Yes Yes Yes 1 mile up to 2 miles 0 0 0 5 0 3 0 0 0 4 1 0 Yes Yes No No 1/4 mile up to 1/2 mile0 0 0 5 0 0 5 0 0 0 5 0 0 <1/4 mile1/4 - 1/2 mile1/2 - 3/4 mile3/4 - 1 mile1 - 2 miles>2 miles 1 2 1 2 2 4 8%17%8%17%17%33%1 This document was created by an application that isn’t licensed to use novaPDF. Purchase a license to generate PDF files without this notice. How many minutes does it take for your child to bike from school on average?How many minutes does it take for your child to walk from the bus stop on average?How many minutes does it take to drive your child from school on average?Has your child asked for permission to walk or bike to or from school this year?Would you ever want your child to walk or bike to school?It is easier to drive my child or have them take the bus to/from school.My child's school encourages walking and biking to/from school.My child has fun walking or biking to/from school.Other kids my child's age walk or bike to/from school.The weather prevents my child from walking or biking to/from school.There are not enough crossing guards.There is too much traffic.The sidewalks are not safe enough.There are dangerous intersections.There is too much violence or crime.The speed of traffic is too fast.Please provide you child's grade:Please provide your child's gender:Please provide your gender:Complete? 3 Yes No Agree Strongly DisagreeAgree Agree Strongly DisagreeAgree Strongly AgreeStrongly AgreeStrongly AgreeDisagree Strongly Agree8th Grade Boy Female Complete Yes Yes Strongly AgreeAgree Strongly DisagreeAgree Disagree Strongly AgreeStrongly AgreeStrongly AgreeDisagree Disagree Agree Prefer not to answerPrefer not to answerComplete 5 No Yes Strongly AgreeDisagree Not ApplicableDisagree Agree Strongly AgreeStrongly AgreeAgree Strongly AgreeDisagree Agree Girl Female Complete 5 No No Not ApplicableNot ApplicableNot ApplicableAgree Not ApplicableNot ApplicableAgree Not ApplicableNot ApplicableNot ApplicableNot Applicable Boy Male Complete 7 No No Strongly DisagreeNot ApplicableNot ApplicableStrongly AgreeStrongly DisagreeNot ApplicableDisagree Agree Strongly AgreeStrongly DisagreeDisagree Boy Female Complete 3 Yes Yes Strongly DisagreeNot ApplicableNot ApplicableStrongly AgreeStrongly DisagreeAgree Agree Disagree Strongly AgreeDisagree Strongly Agree Boy Male Complete 5 No Yes Strongly DisagreeStrongly DisagreeStrongly DisagreeAgree Agree Not ApplicableDisagree Strongly DisagreeDisagree Strongly DisagreeStrongly Agree Boy Male Complete 5 Yes Yes Agree Disagree Disagree Disagree Disagree Strongly AgreeStrongly AgreeAgree Strongly AgreeStrongly DisagreeStrongly Agree Boy Female Complete 10 No No Strongly AgreeNot ApplicableNot ApplicableAgree Not ApplicableAgree Disagree Disagree Agree Strongly DisagreeDisagree Girl Female Complete 10 No No Agree Not ApplicableNot ApplicableAgree Not ApplicableAgree Disagree Disagree Disagree Strongly DisagreeDisagree Girl Female Complete 45 No No Strongly AgreeNot ApplicableNot ApplicableDisagree Not ApplicableNot ApplicableNot ApplicableNot ApplicableNot ApplicableNot ApplicableNot Applicable Boy Female Complete 5 No Yes Strongly AgreeStrongly DisagreeStrongly DisagreeStrongly DisagreeStrongly DisagreeDisagree Disagree Disagree Strongly DisagreeAgree Girl Female Complete 3 No Yes Strongly AgreeDisagree Not ApplicableAgree Disagree Agree Agree Agree Agree Disagree Disagree Boy Female Complete 5 No Yes Incomplete Incomplete Y N Encourage 4 8 Strongly AgreeAgree Disagree Strongly DisagreeN/A 0%8%17%25%50% Y N 6 6 Traffic 33%17%33%0%17% Speed 33%25%25%0%17% This document was created by an application that isn’t licensed to use novaPDF. Purchase a license to generate PDF files without this notice. APPENDIX D Crash Data Incident ID Incident Date & Time Incident  On Road Incident Crossing FeaIncident Injury Severity DeIncident  First H Incident Collision MaIncident Lig Incident We 3193417 2/15/2017 17:07 07  AVENUE OF THE FOUNTVerde River Dr Possible Injury Pedalcycle Other Daylight Clear 3388017 3/13/2018 9:13 07  SAGUARO             BLVD Palisades Blvd Fatal Pedestrian Other Daylight Cloudy 3444500 11/23/2018 15:00 07  AVENUE OF THE FOUNTLa Montana Dr Suspected Serious Injury Pedestrian Other Daylight Clear 3458638 10/17/2018 7:17 07  PALISADES           BLVD  Hampstead Dr Fatal Pedestrian Other Daylight Clear 3605443 1/4/2020 16:44 07  KIPLING             DR       Kim Dr Suspected Minor Injury Pedestrian Other Daylight Clear 3641365 4/14/2020 13:34 07  SAGUARO             BLVD Fountain Hills Blvd Possible Injury Pedestrian Other Daylight Clear 3655722 6/18/2020 13:14 07  FOUNTAIN HILLS      BLVPalisades Blvd Suspected Serious Injury Pedalcycle Other Dark LightedClear 3661936 7/9/2020 18:11 07  FOUNTAIN HILLS      BLVEl Lago Blvd Possible Injury Pedalcycle Sideswipe Same DireDaylight Clear Incident Intersection Type DIncident Junction RelatioUnit Body StUnit Travel DUnit Action Desc Unit Road CUnit SurfaceUnit Env ConditionUnit Defect Unit Numbe Not At An Intersection Not Junction Related Invalid 3 ‐ East Going Straight Ahead Unknown Dry Unknown 1 Four Way Intersection Intersection Related NonPassenger 41 ‐ North Going Straight Ahead No ContribuDry No Contributing CNo Contribu 1 Not Reported Intersection Passenger 42 ‐ South Going Straight Ahead No ContribuDry No Contributing CNo Contribu 1 Not Reported Intersection T Inter Passenger 33 ‐ East Going Straight Ahead Dry Glare Sunlight 1 Not At An Intersection Not Junction Related Passenger 42 ‐ South Going Straight Ahead Dry Glare Sunlight 1 Not Reported Other Invalid 2 ‐ South Crossing Road No ContribuDry No Contributing Circumstance 1 Not Reported Intersection Passenger 499 ‐ UnknowUnknown Unknown Unknown Unknown Unknown 1 Not Reported Entrance Exit Ramp Passenger 41 ‐ North Making Right Turn Unknown Dry Unknown Unknown 1 Unit Event Sequence DescLane Person TypePerson Safety Device DescPerson Violation Desc1 Person PhysPerson Physi Person PhysLatitude Motor Vehicle In Transpo 97 ‐ Non Roadway Pedalcyclist Helmet Used Failed To Keep In Proper Lane 0 ‐ No Apparent Influence 33.60421655 Pedestrian 2 ‐ Lane 2 Driver Shoulder And Lap Belt Speed Too Fast For Conditions 0 ‐ No Apparent Influence 33.6063355 Pedestrian Bl ‐ Dedicated Bike Lane Driver Shoulder And Lap Belt Other 0 ‐ No Apparent Influence 33.60514934 Pedestrian 2 ‐ Lane 2 Driver Shoulder And Lap Belt Unknown 0 ‐ No Apparent Influence 33.61368861 Motor Vehicle In Transpo 1 ‐ Lane 1 Driver Shoulder And Lap Belt No Improper Action 50 ‐ Other 33.63328908 Motor Vehicle In Transpo 10 ‐ Crosswalk Pedestrian Not Applicable Failed To Yield Right Of Way 0 ‐ No Apparent Influence 33.61942096 Pedalcycle 51 ‐ Unknown Driver Unknown Unknown 51 ‐ Unknow 33.61140196 Pedalcycle 2 ‐ Lane 2 Driver Unknown Unknown 51 ‐ Unknow 33.60635387 APPENDIX E SRTS Newsletter Project Background In 2020, the Town of Fountain Hills was awarded Transportation Alternative Non-Infrastructure federal aid administered through Maricopa Association of Governments (MAG) to conduct a Safe Routes to School (SRTS) study. The Safe Routes to School (SRTS) study for Fountain Hills High School was conducted to promote walking and biking to and from school and provide solutions for safe walking and biking to school. As a result of these efforts taken place during this study, recommendations including education, encouragement, equity, enforcement, evaluation and engineering were prepared and are presented in this report. In addition to recommended solutions, this study includes an implementation plan to show potential timeframe, programs, and funding sources that can be used. Project Purpose The purpose of this study is to identify key issues and provide solutions to promote walking and biking to school. In addition to promoting walking and biking to school, Safe Routes to School provides several benefits to schools, students, and the community. Drop-Off and Pick Up Observations Drop-off and pick-up observations were completed to evaluate school procedures and identify any challenges. • One student was observed biking to school. A maintenance vehicle was observed utilizing the on-street parking on Fountain Hills Blvd during pick-up and drop-off along the westward approach. • No students were observed walking to school, few were observed walking home. • Staff do not direct traffic during pick-up and drop-off. • Many students drive themselves; vehicle and pedestrian conflicts exist where student drivers cross the drop-off/pick-up line. • Queuing extends into Hampstead Drive; cars pass on the right. • Many onsite sidewalks are not ADA compliant. Students use unpaved paths; many do not align with crosswalk or crossing features. Walking and Biking Assessment A walking and biking assessment was done to evaluate existing pedestrian and bicycle infrastructure. The purpose of the evaluation is to record existing infrastructure and the current state of the infrastructure. The assessment also noted the quality of infrastructure and if infrastructure was lacking. • Missing/Limited Sidewalks: The school frontage has sidewalk on both sides of Palisades Blvd and Golden Eagle Blvd and one side of Hampstead. Beyond the school, sidewalks are intermittent. Many neighborhood streets do not have sidewalks. • Sidewalk Conditions: Most of the sidewalks within the study area meet ADA requirements for width, though there are spots that are uplifted or cracked. Many ramps are not ADA compliant at this time. • Limited Bike Lanes: Bike lanes are present along Golden Eagle Blvd and one side of Palisades Blvd, though volumes and speeds may be high for cyclist comfort. There are no bike lanes along Hampstead Drive or neighborhood streets. • On-Street Parking: Parking is not permitted along Hampstead Drive at any time by the school; north it is allowed outside of school hours. Parking along Golden Eagle Boulevard and Palisades Boulevard is permitted and was observed. Community Outreach and Assessment As part of this project, community engagement was conducted to gather insight from school staff and parents about how students travel to and from school and key issues. Two surveys were distributed to Fountain Hills High School, a student tally survey and parent survey. Below are the highlights taken from each survey. 0.3%0.3% 16.2% 76.0% 6.5%0.6%0.8%0.2% 19.8% 71.1% 8.1%0.0% 0.0% 20.0% 40.0% 60.0% 80.0% Walk Bike School Bus Family Vehicle Carpool Other Fountain Hills High School Morning and Afternoon Travel Mode Comparison AM PM We Want Your Input! Please respond to the following questions by September 28, 2023. Responses should be sent to Justin Weldy, Town Public Works Director at jweldy@fountainhillsaz.gov 1. Would you consider having your student walk or bike if there were more sidewalks? 2. Do you think pick-up and drop-off would benefit from onsite traffic direction? 3. What is one change that would make you consider having your student walk or bike to school? Thank you for your participation. SAFE ROUTES TO SCHOOL STUDY McDowell Mountain Elementary School & Fountain Hills Middle School For Fountain Hills Unified School District | MAG Intelligent Transportation Systems & Safety Program Contract 938-I Task Order SR2302 Prepared by: (Currently Little Falcons Preschool & McDowell Mountain Elementary School)   Page i of iii  Table of Contents  EXECUTIVE SUMMARY .................................................................................................................................................. 1  INTRODUCTION ............................................................................................................................................................. 5  Why is SRTS Important? ...................................................................................................................................................... 5  State and Federal Support .................................................................................................................................................. 5  STUDY PROCESS ............................................................................................................................................................ 6  SRTS Stakeholder Team....................................................................................................................................................... 6  Kickoff Meeting ................................................................................................................................................................... 7  SCHOOL ENROLLMENT AND PROCEDURES .................................................................................................................... 7  School Enrollment ............................................................................................................................................................... 7  School Hours ....................................................................................................................................................................... 8  Office Hours ........................................................................................................................................................................ 8  Arrival and Dismissal Procedures ........................................................................................................................................ 8  MCDOWELL MOUNTAIN ELEMENTARY SCHOOL ............................................................................................................ 9  Introduction ........................................................................................................................................................................ 9  Existing Roadway Conditions ............................................................................................................................................ 12  Traffic Conditions .............................................................................................................................................................. 14  Traffic Analysis ................................................................................................................................................................................ 16  McDowell Mountain Elementary Drop‐Off Observations ............................................................................................................... 17  McDowell Mountain Elementary Pick‐Up Observations ................................................................................................................. 19  Crash Data Analysis ........................................................................................................................................................... 23  Walk/Bike Assessment ...................................................................................................................................................... 25  Things That Are Being Done Well .................................................................................................................................................... 25  Summary of Issues and Needs .......................................................................................................................................... 25  McDowell Mountain Elementary School ........................................................................................................................................ 25  FOUNTAIN HILLS MIDDLE SCHOOL ............................................................................................................................... 31  Introduction ...................................................................................................................................................................... 31  Existing Roadway Conditions ............................................................................................................................................ 34  Traffic Conditions .............................................................................................................................................................. 36  Traffic Analysis ................................................................................................................................................................................ 38  Crash Data Analysis ........................................................................................................................................................... 42  Walk/Bike Assessment ...................................................................................................................................................... 44  Things That Are Being Done Well .................................................................................................................................................... 44  Arrivals and Dismissal........................................................................................................................................................ 44  Summary of Issues and Needs .......................................................................................................................................... 47  Fountain Hills Middle School ........................................................................................................................................................... 47  COMMUNITY OUTREACH ............................................................................................................................................ 52  Student Travel Tally ........................................................................................................................................................... 52  Parent Survey .................................................................................................................................................................... 53  SRTS Newsletter ................................................................................................................................................................ 56  RECOMMENDATIONS .................................................................................................................................................. 56  McDowell Mountain Elementary School Engineering Improvement Recommendations ................................................ 56  On‐Site Traffic Calming ................................................................................................................................................................... 57  School Zone Modifications .............................................................................................................................................................. 57  Pick‐Up and Drop‐Off Procedures ................................................................................................................................................... 57    Page ii of iii  Crosswalk Restriping ....................................................................................................................................................................... 57  ADA Compliance – Pedestrian Ramps ............................................................................................................................................. 58  Sidewalk/Ramp Repairs and Connectivity ...................................................................................................................................... 58  Signage ............................................................................................................................................................................................ 58  Fountain Hills Middle School Engineering Improvement Recommendations .................................................................. 62  Traffic Calming Devices ................................................................................................................................................................... 62  Crossing Features ............................................................................................................................................................................ 62  ADA Compliance – Pedestrian Ramps ............................................................................................................................................. 63  Sidewalk/Ramp Repairs and Connectivity ...................................................................................................................................... 63  Education and Encouragement Recommendations .......................................................................................................... 66  Develop SRTS Coalition ................................................................................................................................................................... 66  Parent Champion Program .............................................................................................................................................................. 66  Parent and Caregiver Education...................................................................................................................................................... 66  In‐Classroom Curriculum ................................................................................................................................................................. 67  Participate in Special Events and Walk/Bike to School Day ............................................................................................................ 67  Walking School Bus or Bicycle Train Ride ........................................................................................................................................ 67  Mileage Clubs or Mileage Contests ................................................................................................................................................. 67  One‐Time Instruction ...................................................................................................................................................................... 67  Structured Skills Practice ................................................................................................................................................................. 68  Additional Educational and Encouragement Programs .................................................................................................................. 68  Enforcement Recommendations ...................................................................................................................................... 68  Community Wide Maintenance ...................................................................................................................................................... 68  School Safety Campaign .................................................................................................................................................................. 68  Onsite Parking Monitoring .............................................................................................................................................................. 69  Crossing Guard Training .................................................................................................................................................................. 69  Community Enforcement ................................................................................................................................................................ 69  Evaluation Recommendations .......................................................................................................................................... 69  WALKING AND BIKING SUGGESTED ROUTES MAP ....................................................................................................... 69  SAFE ROUTES TO SCHOOL ACTION PLAN ..................................................................................................................... 72  Strategy Impact ................................................................................................................................................................. 72  Implementation Timeframe .............................................................................................................................................. 72  Evaluation .......................................................................................................................................................................... 72  Priority Locations for Installation of Sidewalk Segments .................................................................................................. 79  FUNDING SOURCES AND OPPORTUNITIES ................................................................................................................... 81  Arizona Governor’s Office of Highway Safety (GOHS) ...................................................................................................... 81  MAG Design Assistance Program ...................................................................................................................................... 81  Transportation Alternatives (TA) Funding......................................................................................................................... 81  MAG Non‐Infrastructure SRTS/Support Activity Projects ................................................................................................. 82  Centers for Disease Control and Prevention (CDC) Grant ................................................................................................ 82         Page iii of iii  List of Tables  Table 1 – McDowell Mountain Elementary School Existing Walking and Biking Conditions ................................................ 13  Table 2 – McDowell Mountain Elementary School Pedestrian and Bicycle Counts ............................................................. 14  Table 3 – McDowell Mountain Elementary School VRU Collisions by Injury Severity (2017–2022) .................................... 23  Table 4 – Fountain Hills Middle School Existing Walking & Biking Conditions ..................................................................... 35  Table 5 – Fountain Hills High School Pedestrian and Bicycle Counts ................................................................................... 36  Table 6 – Fountain Hills Middle School VRU Collisions by Injury Severity (2017–2022) ...................................................... 42  Table 7 – SRTS General Action Plan ...................................................................................................................................... 73  Table 8 – McDowell Mountain Elementary School SRTS Action Plan ................................................................................... 77  Table 9 – Fountain Hills Middle School SRTS Action Plan ..................................................................................................... 78    List of Figures  Figure 1 – McDowell Mountain Elementary School Location ............................................................................................... 10  Figure 2 – McDowell Mountain Elementary School Sign Locations ...................................................................................... 11  Figure 3 – McDowell Mountain Elementary School Peak Hour Multimodal Traffic Counts ................................................. 15  Figure 4 – McDowell Mountain Elementary School Observed Arrival and Dismissal Routes .............................................. 21  Figure 5 – McDowell Elementary Existing Conditions and Observations ............................................................................. 22  Figure 6 – McDowell Elementary Crash Locations ................................................................................................................ 24  Figure 7 – McDowell Mountain Elementary School Existing Sidewalk Conditions ............................................................... 30  Figure 8 – Fountain Hills Middle School Location ................................................................................................................. 32  Figure 9 – Fountain Hills Middle School Sign Locations ........................................................................................................ 33  Figure 10 – Fountain Hills Middle School Peak Hour Multimodal Traffic Counts ................................................................. 37  Figure 11 – Fountain Hills Middle School Crash Locations ................................................................................................... 43  Figure 12 – Fountain Hills Middle School Observed Arrival and Dismissal Routes ............................................................... 45  Figure 13 – Fountain Hills Middle School Existing Conditions and Observations ................................................................. 46  Figure 14 – Fountain Hills Middle School Sidewalk Conditions ............................................................................................ 51  Figure 15 – Student Tally of Arrival at and Departure from McDowell Mountain Elementary School ................................ 52  Figure 16 – Student Tally of Arrival at and Departure from Fountain Hills Middle School .................................................. 53  Figure 17 – McDowell Mountain Elementary School Sidewalk Improvement Recommendations ...................................... 59  Figure 18 – McDowell Mountain Elementary School Sign Removal Recommendations ...................................................... 60  Figure 19 – McDowell Mountain Elementary School General Recommendations .............................................................. 61  Figure 20 – Fountain Hills Middle School Sidewalk Improvement Recommendations ........................................................ 64  Figure 21 – Fountain Hills Middle School General Recommendations ................................................................................. 65  Figure 22 – McDowell Mountain Elementary School (formerly Fountain Hills Middle School) Proposed Safe Routes to  School .................................................................................................................................................................................... 71  Figure 23 – Town of Fountain Hills Sidewalk Infill Project .................................................................................................... 80    Appendices  Appendix A  Stakeholder Kickoff Meeting Materials and Summary  Appendix B  Traffic Conditions  Appendix C  Community Outreach   Appendix D  Crash Data  Appendix E  SRTS Newsletter    Page 1 of 82  EXECUTIVE SUMMARY   In 2015 Maricopa Association of Governments (MAG) Strategic Transportation Safety Plan established a regional goal to  “promote and administer Safe Routes to School (SRTS) framework studies to identify school traffic issues through the  MAG Transportation Alternatives (TA) non‐infrastructure program.” Through MAG’s strategic effort, the Town of  Fountain Hills was awarded funding in 2020 to conduct a SRTS study. SRTS is a federally funded program that empowers  communities to create safe, convenient, and fun opportunities for children to walk and bicycle to and from schools. The  program makes funding available for a wide variety of programs and projects, from building safer street crossings to  establishing programs that encourage children and their parents to walk and bicycle safely to school.  This project will  support the performance of SRTS studies at:     McDowell Mountain Elementary School, 14825 N Fayette Drive, Fountain Hills, AZ 85268   Fountain Hills Middle School, 15414 N McDowell Mountain Road, Fountain Hills, AZ 85268    The schools are located in the Town of Fountain Hills (Town). Additionally, this study examines and assesses the extent  of potential road safety issues in these areas that create barriers to the implementation of this program. The project  boundary consists of a one‐mile radius around each of the schools.     This study represents a collaborative effort between MAG and the Town, supported by the Fountain Hills Unified School  District (FHUSD). The Town established a SRTS Stakeholders Team for each school site in coordination with the Town  Project Manager. SRTS Stakeholders Team members were identified by the Town to obtain input on issues and needs  during the study. The Stakeholder Team includes members from the Town, FHUSD, law enforcement officers, Parent  Teacher Organization (PTO) representatives, and crossing guards (teachers from the respective schools).   The SRTS followed the following schedule:     Consultant Kickoff Meeting: January 17, 2023   Stakeholder Kickoff Meeting: February 17, 2023   McDowell Mountain Elementary School pick‐up/drop‐off observation: March 23, 2023   Fountain Hills Middle School pick‐up/drop‐off observation: March 28, 2023    A stakeholder kick‐off meeting was held February 17, 2023, to introduce the SRTS Study to the Stakeholder Team and  present an overview of the process as well as gather information about known opportunities and constraints within the  area.      FHUSD indicated the school sites are transitioning students served. Beginning in the 2023‐2024 school year, McDowell  Mountain Elementary School will be a preschool, serving children ages three to five. The preschool will offer half day and  full day options.     The Fountain Hills Middle School site will transition to serve elementary students. The current Fountain Hills High School  site will serve middle and high school students; assessment of that site is part of a separate effort. Recommendations  will be structured based on each school’s future use.    A subconsultant for Burgess & Niple, United Civil Group, collected pedestrian, bicycle, and vehicular turning movement  counts near McDowell Mountain Elementary School and Fountain Hills Middle School. Crash data was provided by MAG  for this study.    The team also performed outreach efforts to gain an understanding of the needs of the students, parents, school, and  community. A Student Travel Tally was taken at McDowell Mountain Elementary School and Fountain Hills Middle    Page 2 of 82  School by teachers in their classroom utilizing the form provided by the National Center for Safe Routes to School  program. To gather input from parents about children walking and biking to school, a parent survey was conducted at  McDowell Mountain Elementary School and Fountain Hills Middle School in May 2023 utilizing a modified form of the  National Center for Safe Routes to School program.    The consultant team and Town staff observed the pick‐up and drop‐off patterns of students during a field review at each  school. The consultant team also looked for potential hazards students may encounter such as: driver behavior,  crosswalk compliance, and other issues. Some of the key observations at McDowell Mountain Elementary School were:     Drop‐off and pick‐up are achieved almost exclusively via bus and parent drivers. Very few students walk or bike  to the school.   Kindergarten drop‐off uses a separate entrance and the “traffic circle” which provides queuing space for a  limited number of cars. Teachers help students out of the cars in line, which is typically not achieved as quickly  as cars arrive. Queuing extends into the street and at times influences the operation of the drop‐off lines for  older students.   Preschool drop‐off/pick‐up occurs along the back curb of the building. Teachers assist students in and out of  cars, including strapping them into car seats.   Multiple school staff were present helping students into and out of parent vehicles. One served as an onsite  crossing guard. School staff were not observed directing traffic.   There are two school zones with yellow crosswalks and roll away signs. One does not connect to a sidewalk on  the opposite side of the street; neither was observed to be used during pick‐up or drop‐off.   Despite relatively low volumes, there is queuing onto Fayette Avenue.   Drivers respond to queues by passing on the outside.   Onsite, parents drive around traffic calming measures such as speed bumps.   Speeding is prevalent on campus.   Onsite signage is unclear; extraneous signage is present.   Pavement markings onsite are faded; they have become difficult to see.    Some of the key observations at Fountain Hills Middle School were:     Drop‐off is achieved almost exclusively via bus and parent drivers. Very few students walk or bike to the school.   Approximately 20‐30 students walked home from school. Nearly all of those students were observed to cross  the driveway onsite and cut through the adjacent church parking lot before using the crosswalk to cross  Fountain Hills Boulevard.   There is a pedestrian/vehicle conflict where students cross the driveway.   No onsite traffic direction was observed. Parents do not fully utilize available curb space during drop‐off or pick‐ up. Parents were observed picking up students in locations other than the pick‐up line area.   There is a school zone and flashing lights near a marked crosswalk on McDowell Mountain Road. The roll away  signs were not rolled into the crosswalk and broken signs were observed in the area.   Pavement markings onsite are faded; they have become difficult to see.    The consultant team also conducted a walking and biking assessment to gain a first‐hand understanding of the walking  and biking constraints, opportunities, and needs within the surrounding area. Notably, the one‐mile buffer for the  schools largely overlaps, so observations are relevant to both schools unless denoted otherwise. Key observations made  during the assessment within the one‐mile buffer include:       Page 3 of 82   The majority of local streets lack sidewalk on either side of the road.   According to Fountain Hills Code 3.06.D.2; neighborhoods zoned as multifamily must have sidewalks  along both sides of local streets. 3.06.D.3 states that all single‐family residential zoning districts require  sidewalks along at least one side of local streets.   Arterial streets such as Fountain Hills Boulevard, Palisades Boulevard, McDowell Mountain Road, and Saguaro  Boulevard lack sidewalk connectivity.   These arterials are key access routes for arriving and departing both schools.    Key observations made during the assessment of McDowell Mountain Elementary School were:     Sidewalk is limited to the near‐side of Fayette Drive/Hampstead Drive adjacent to McDowell Mountain  Elementary School. Neighborhood streets closest to the school do not have sidewalks on either side of the  street.    There is limited sidewalk connectivity to Fayette Drive. Residents that access Glendora Drive or Glenview Drive  to Fayette Drive typically have sidewalk connectivity; otherwise, there are gaps in the network for students  approaching from the east. Students from the west typically encounter gaps in the sidewalk network that would  necessitate walking on the side of the road and/or making an uncontrolled crossing at Fountain Hills Boulevard  near McDowell Mountain Elementary School.   There are limited four‐way stops or other traffic control to facilitate pedestrians crossing Fayette Drive to use  the sidewalk where it is present on one side.    Key observations made during the assessment of Fountain Hills Middle School were:     Fountain Hills Boulevard south of the school is a four‐lane arterial with a two‐way left turn lane and posted  speed of 35 mph; however, many drivers drive above the posted speed.    Sidewalk is present on both sides of Fountain Hills Boulevard for approximately ¼ of a mile approaching the  Fountain Hills Middle School. Beyond that, sidewalk is present on the far side of the street until it terminates at  Fayette Drive, slightly over ½ mile from Fountain Hills Middle School.     Beyond Glenbrook Drive, all student crossings of Fountain Hills Boulevard are uncontrolled crossings.    A number of site‐specific recommendations were developed based upon field observations as well as input from the  community. The recommendations were summarized into SRTS Action Plans for the schools. Some of the priority  recommendations are:    General Recommendations:     Educate and provide resources to students and parents regarding this study.    Host events to highlight the benefits of walking or biking to school. Supplement with ongoing events and  involvement‐related contests.    Increase involvement of teachers and crossing guards during drop‐off and pick‐up times.    Provide sidewalk connectivity to the schools and eliminate gaps in the network.         Page 4 of 82  McDowell Mountain Elementary School (soon to serve as a preschool):     Remove school zone; consider eliminating eastern crosswalk, if not both.   Implement new traffic calming measures to limit speeding within the parking lot.    Revise parent drop‐off/pick‐up procedures to reduce or eliminate queuing onto Fayette Drive.   Recommend parents park and walk students to and from the building.   Stripe new crosswalks onsite or restripe current crosswalks to identify a preferred walking route.   Remove unnecessary signage.    Fountain Hills Middle School (soon to serve as an elementary school):     Restripe necessary crossings to facilitate walking routes and limit conflicts between students and drivers.   Provide onsite traffic direction and crossing guard for students.   Extend duration of crossing guard for Fountain Hills Boulevard crossing.   Eliminate or accommodate the driveway crossing conflict.   Use rollaway school zone signs in addition to flashing signs.   Implement new striping with ADA sidewalk connectivity to display a preferred walking route.    Consider traffic calming on Fountain Hills Boulevard, such as restriping to narrow lanes, landscaped median, or  other features.   Consider the addition pedestrian crossing amenities, such as median High Intensity Activated Crosswalk (HAWK)  (if warranted).   Continued enforcement of school zone.         Page 5 of 82  INTRODUCTION   In 2020, the Town was awarded Transportation Alternative Non‐Infrastructure federal aid administered through MAG to  conduct a SRTS study. The purpose of this study is to develop a plan to improve and support walking and biking  opportunities to and from McDowell Mountain Elementary School and Fountain Hills Middle School. This SRTS Study  uses a variety of strategies to make it easy, fun, and safe for children to walk and bike to school. The plan includes  general recommendations for sustaining a SRTS program that will strive to:     Encourage students to walk and bike to and from school;   Identify effective solutions to enhance safety for students to walk and bike;   Create an Action Plan for improvements;   Combat childhood obesity and public health issues; and   Engage and educate the community.    Why is SRTS Important?  SRTS is a national program that creates safe, convenient and fun opportunities for children to walk and bicycle to and  from their schools. With SRTS, everyone benefits! SRTS is not only about getting kids to and from school safely. SRTS  programs can bring a wide range of benefits to students and the community.    SRTS Benefits Children:   Arrive alert and able to focus on school;   Less likely to suffer from depression and anxiety; and   Get most of the recommended 60 minutes of daily activity.    SRTS Benefits Neighborhoods:   Decreases in vehicular use and traffic congestion;   Increases physical activity for the whole family; and   Increases the sense of community.    SRTS Benefits Schools:   Students show‐up “ready to learn;”   Opportunities to integrate walking, bicycling, and transportation topics into curriculum; and   Increased efficiency and safety during pick‐up and drop‐off times.    State and Federal Support   The Fixing America’s Surface Transportation (FAST) Act authorized a set‐aside of Surface Transportation Block Grant  (STBG) program funding for transportation alternatives (TA), which are used to support the SRTS Program. The MAG  region receives an annual allocation of TA funding from the Arizona Department of Transportation (ADOT). MAG  member agencies are eligible to submit SRTS applications for utilizing this funding to help schools and communities  promote the health and safety of K‐8 students, with the call for new projects occurring each August. Funding can be  used to develop SRTS studies, infrastructure improvements that promote and encourage walking and biking to school,  and educational materials. In 2022 alone, MAG administered 16 SRTS projects, equating to more than $699,000.  Through fiscal year 2024, MAG will administer 92 SRTS projects equaling nearly $5.0 million.       Page 6 of 82  STUDY PROCESS  The planning process for the SRTS study commenced in January 2023. The study was a collective effort that involved  members of the consulting team; The Town, FHUSD, local and law enforcement officers, Parent Teacher Organization  (PTO) representatives, and crossing guards (teachers from the respective schools).     The project boundary consists of a one‐mile radius around each of the schools. Note, there is an undeveloped desert in  the vicinity of each school, which was removed from the buffer. The buffers were adjusted to include the developed  portion of Fountain Hills/potential student access points. Both schools are within the FHUSD. McDowell Mountain  Elementary School is located at 14825 N Fayette Dr, Fountain Hills, Arizona. Fountain Hills Middle school is located at  15414 E McDowell Mountain Rd, Fountain Hills, Arizona.     As part of the study process, the following tasks were completed:    1. Established SRTS Stakeholder Team.  2. Conducted a Kickoff Meeting to introduce the Study to the SRTS Team.  3. Collected traffic counts at key intersections near McDowell Mountain Elementary School and Fountain Hills  Middle School.   4. Conducted a parent and student survey regarding the existing drop‐off and pick‐up conditions.  5. Created an existing conditions inventory of current operational procedures, roadway conditions, historical crash  trends, and community demographics.  6. Completed a field review to observe the pick‐up and drop‐off procedures.  7. Performed a walk and bike assessment.  8. Developed and distributed a newsletter to the community inform parents with a summary of the surveys and  onsite data collection.   9. Developed a SRTS report with recommendations, action plans, and walking/biking route maps.    SRTS Stakeholder Team   At the onset of the project, a SRTS Stakeholder Team was established to help guide the development of the SRTS study,  provide vital feedback and input on the needs of the community, and serve as champions for SRTS. The SRTS  Stakeholder Team included staff from: The Town, FHUSD, law enforcement officers, PTO representatives, and crossing  guards. These parents, community members, faculty, and staff were an indispensable part of the project, and will  continue to be as the district moves forward with expanding SRTS in the coming years. The SRTS Stakeholder Team  included the following:    McDowell Mountain Elementary School and Fountain Hills Middle School Faculty and Staff   Dr. Kim Weeldreyer, Fountain Hills Middle School  Chris Hartmann, Fountain Hills High School  Jelaine Goldapper, PTO representative  Fountain Hills Unified School District   Dr. Cain Jagodzisnki, Fountain Hills School District, School District Superintendent   John Flynn, Fountain Hills School District Director of Transportation and Facilities, School Team Leader  Kris Alexander, Fountain Hills School District    Town of Fountain Hills  Justin Weldy, Town of Fountain Hills, Project Manager, Stakeholder Team Leader  David Janover, Town of Fountain Hills   Andy Whisler, Town of Fountain Hills    Page 7 of 82  Law Enforcement  Captain Larry Kratzer, Maricopa County Sheriff’s Office District VII Team  Lieutenant Jonathan Halverson, Maricopa County Sheriff’s Office District VII Team  Sargent Philip Asiedu, Maricopa County Sheriff’s Office District VII Team  Deputy Amber Hampton, School Resource Officer, Maricopa County Sheriff’s Office     Project Team  Mohammad Shaheed, Ph.D, PE, PTOE, RSP2, Transportation Engineer III MAG  Dana Biscan, PE, Burgess & Niple (B&N), Project Manager   Brooke Logan, EIT, B&N    Kickoff Meeting   A joint stakeholder kick‐off meeting was held on Tuesday, February 17, 2023, at 10:00 AM at Fountain Hills Middle  School for the SRTS Study for McDowell Mountain Elementary School, Fountain Hills Middle School, and Fountain Hills  High School. The purpose of the meeting was to introduce the SRTS Study to the Stakeholder Team, present an overview  of the process, and to obtain feedback on issues and needs. At the meeting, the following stakeholders were present:    School Staff, District Staff  Dr. Cain Jagodzisnki FHUSD    Kris Alexander, FHUSD    Dr. Kim Weeldreyer, Fountain Hills Middle School    Chris Hartmann, Fountain Hills High School  Town of Fountain Hills Staff  David Janover   Justin Weldy  Law Enforcement  Sargent Philip Asiedu, Maricopa County Sheriff’s Office     Deputy Amber Hampton, School Resource Officer  MAG  Mohammad Shaheed, Ph.D, PE, PTOE, RSP2, Transportation Engineer III  Consultant Team  Dana Biscan, PE, B&N, Project Manager    Brooke Logan, EIT, B&N    A copy of the meeting materials and summary are included in Appendix A. Key items from the meeting include:     Dates for onsite data collection and observations will be scheduled.   Parents will be notified via the weekly newsletter that the study team will be completing an onsite assessment.    School staff identified concerns related to a pedestrian conflict in Fountain Hills Middle School for students  cutting through the adjacent church parking lot.   School site uses will change next school year (2023‐2024), shifting to serve the following:  • McDowell Mountain Elementary School – Preschool (5 years old and younger)  • Fountain Hills Middle School – Grades K‐5  SCHOOL ENROLLMENT AND PROCEDURES       School Enrollment   School enrollment information was not provided. During the Stakeholder Kickoff Meeting, FHUSD representatives  indicated enrollment had been declining.         Page 8 of 82  School Hours  McDowell Mountain Elementary School  First Morning Bell: 8:45 AM  School Release: 3:20 PM     Fountain Hills Middle School  First Morning Bell: 8:30 AM  School Release: 3:10 PM     Office Hours   McDowell Mountain Elementary School  Monday through Friday 7:30 AM ‐ 4:30 PM     Fountain Hills Middle School  Monday through Friday 7:30 AM ‐ 4:30 PM     Arrival and Dismissal Procedures  McDowell Mountain Elementary School and Fountain Hills Middle School have the following general student drop‐off  and pick‐up procedures per the Parent Student Handbook for the FHUSD:      Cross streets only at crosswalk corners on the way to and from school. Obey all traffic signs and crossing guard’s  directions immediately. Students are to walk while on campus.    Bikes should be walked on and off the school grounds and placed into the bike racks and locked.   Students need to arrive after 7:15 a.m. at Fountain Hills High School, 8:15 a.m. at Fountain Hills Middle School,  and 8:25 a.m. at McDowell Mountain Elementary School. Supervision of students begins at these times.    Students are expected to arrive at school on time. Tardy students cause disruption to the educational rights of  other students. Excessive tardies can result in disciplinary action.    Students involved in after school academic or athletic related activities must report to those locations upon  dismissal and be supervised at all times by coaches or teachers, otherwise students are expected to leave  campus immediately upon dismissal.    McDowell Mountain Elementary School specific drop‐off and pick‐up procedures from the Parent Student Handbook are  listed below:     Picking up students at the end of the school day takes place at the same gates as drop‐off for developmental  preschool and kindergarten. Community preschool picks up at their playground gate. For 1st‐3rd grades, there  are two lanes for pick‐up: the first lane closest to the building is for students whose last names begin with A‐L  and the second lane is for students whose last names begin with M‐Z. Please place your student’s name sign in  your windshield to help ensure quick identification of your student for staff. Student release will begin at 3:10  and end by 3:25 PM.         Page 9 of 82  Fountain Hills Middle School specific drop‐off and pick‐up procedures from the Parent Student Handbook are listed  below:     For car riders in grades four and five, parents will enter Fountain Hills Middle School from the main/first  driveway and drop‐off/pick‐up students in the back lane by the gym.     For car riders in grades six through eight, parents must enter via the second driveway (near the administration  entrance) and drop‐off/pick‐up students in the lane directly in front of the school. Families with siblings in  multiple grades may follow either procedure.    Please pull forward in the pick‐up line in order to keep traffic moving. Entering, parking, and exiting only in  designated areas.   If you are unable to wait along the curb due to heavy traffic, please park your car in the visitor/back lot and walk  to the sidewalk to meet your child to escort him/her to your vehicle.    Handicapped parking spaces are reserved for vehicles displaying State approved placards or plates.  MCDOWELL MOUNTAIN ELEMENTARY SCHOOL  This section presents an overview of existing conditions, issues, and needs for McDowell Mountain Elementary School  identified through an analysis, field assessments, and community outreach.    Introduction  McDowell Mountain Elementary School currently serves children in preschool through the third grade, though site usage  will change in the 2023‐2024 school year; it will shift to serve preschool students (5 years and younger). The school is  located southeast of Fayette Avenue and west of Greenhurst Avenue as shown in Figure 1. The area around the school  has limited sidewalk connectivity, limited controlled crossing opportunities, and a lack of dedicated bicycle facilities,  creating limited multimodal network connectivity. The school itself has faded pavement markings, extraneous signage,  and onsite speeding due to drivers avoiding speed bumps and other traffic calming devices. Figure 2 depicts sign  locations at McDowell Mountain Elementary School.         Page 10 of 82  Figure 1 – McDowell Mountain Elementary School Location      Page 11 of 82  Figure 2 – McDowell Mountain Elementary School Sign Locations    Page 12 of 82  Existing Roadway Conditions   McDowell Mountain Elementary School is accessed from a network of local roads surrounded by larger collector and  arterial roadways.     Key Access Routes for McDowell Mountain Elementary  School include:     Fayette Avenue/Drive – East‐west local roadway  that serves as a key access point for the  elementary school. Fayette Avenue turns into  Fayette Drive east of the school location. The  posted speed is 25 mph, while there is a school  zone with a posted speed of 15 mph. Two marked  yellow school zone crossings exist at Balsam Drive  and Carmel Drive. The corridor is bordered by a  sidewalk on the south side while only partially on  the north side.     Hampstead Drive – North‐south local roadway  that serves as a key access route to the  elementary school. Hampstead Drive stems from  the four‐lane arterial Palisades Boulevard in the  south and becomes Fayette Avenue in the vicinity  of the school. Sidewalks border both sides of  Hampstead Drive for approximately 1,000 feet  (Montrose Drive to McDowell Mountain  Elementary School) while the other 2,000 feet are  served on the west side only. The posted speed is  25 mph.       Crosswalk and signage at Fayette Ave and Balsam Drive    Hampstead Drive approach to McDowell Mountain  Elementary School    Table 1 summarizes inventories of existing conditions related to safe walking and biking for McDowell Mountain  Elementary School.     Page 13 of 82  Table 1 – McDowell Mountain Elementary School Existing Walking and Biking Conditions  Item  Response  Location, capacity, and security of bicycle storage areas There are over 40 bicycle slots on the bicycle racks at  school. The racks are located inside the school security  fence, near where students enter the site.   Locations of site access points for walking and bicycling  students  The school driveways serve as access points for all  entrants. The bus path behind the school has a ribbon  sidewalk allowing for student access.  The western  entrance to the school acts as the main entrance allowing  for access to the loop and lane drop‐off areas. The  northern perimeter of the school has a sidewalk  throughout its length while the opposing side of Fayette  Avenue does not. Some sidewalks do not meet ADA  standards.  Vehicle/pedestrian and vehicle/bicycle conflict points No apparent unmanaged conflicts exist.    Marked crossing locations and controls Offsite: The intersections of Balsam Drive and Carmel  Drive along Fayette Avenue are marked yellow zone  crossings. The termination at Carmel Drive does not have  a sidewalk or ADA compliant ramp.     Onsite: In general, signage and markings need to be  refreshed onsite. The crosswalks onsite are low visibility  and display no general path to channelize walkers.  On‐ and off‐site traffic control (permanent/portable  signing, pavement markings, marked  crossing locations, intersection controls, etc.)  The posted speed along both Hampstead Drive and  Fayette Drive is 25 mph. Roll out signs indicate 15 mph  within the school zone and no passing.   Presence of bike paths/lanes and their widths, continuity,  barriers/obstructions, lighting, visibility, etc.  Bike lanes are not present along either side of Hampstead  Drive or Fayette Drive within the general area  surrounding the school.   Presence of sidewalks (or other walking paths) and their  widths, continuity,  barriers/obstructions, lighting, visibility, etc.,  In general, the neighborhoods surrounding the school  lack sidewalks. Both Hampstead Drive and Fayette Drive  have sidewalks on at one side while Hampstead Drive has  both sides for a limited distance. Sidewalk gaps are  illustrated in Figure 7.  Existing land uses near the school  Land use surrounding the school is primarily single family  residential.                           Page 14 of 82  Traffic Conditions   Pedestrian, bicycle, and vehicular turning movement counts for McDowell Mountain Elementary School were collected  at four separate intersections from 7:45 AM – 9:30 AM and 2:00 PM – 3:45 PM on Thursday, March 21, 2023. The  vehicular peak hour counts are reported by individual intersection, with the peak hours generally occurring during the  period leading up to school drop off and during pick up. These peak hour counts are shown in Figure 3. Intersections  included:     Fayette Drive and Carmel Drive   Fayette Drive and Greenhurst Avenue   Hampstead Drive and Glendora Drive   Hampstead Drive and Balsam Dr    Table 2 provides a summary of the pedestrian and cyclist counts from Figure 3. Notably, upon review of the raw data  collection, many of the cyclists passed the site after school commenced; the counts may have been unrelated to school  access. The full details of the traffic and multimodal traffic volume data can be found in Appendix B.     Table 2 – McDowell Mountain Elementary School Pedestrian and Bicycle Counts  Intersection AM Peak Hour  PM Peak Hour  Pedestrian  Bicycle  Pedestrian  Bicycle  1. Glendora Dr & Hampstead Dr 1 0 5 0  2. Hampstead Dr & Balsam Dr  0  9  0  8  3. Fayette Ave & Carmel Dr  2  0  2  0  4. Fayette Dr & Greenhurst Ave  1  0  1  0        Page 15 of 82  Figure 3 – McDowell Mountain Elementary School Peak Hour Multimodal Traffic Counts       Page 16 of 82  Traffic Analysis   Turning movement counts for the arrival (drop‐off) and dismissal (pick‐up) times were analyzed to identify the busiest  intersections as well as the directional distribution of traffic volumes of the roads directly adjacent to each specific  school location. This information was cross‐referenced with the multimodal volumes to identify potential conflict areas  for students traveling to and from school.    Arrival (8:00 AM to 8:40 AM)   Near the school, the intersection of Fayette Drive  and Greenhurst Avenue experienced the highest  vehicle volumes. This is the eastmost intersection  of the school and connects the surrounding  neighborhoods to the northern collector  Glenbrook Avenue.      The school was most frequently accessed by the  western entrance at the intersection of  Hampstead Drive/Fayette Avenue and Balsam  Drive. This entrance accommodates traffic for  both kindergarten and elementary drop‐off.      Of the observed student walkers, three arrived  from the west side of the school by utilizing the  crosswalk at Balsam Drive.       Kindergarten drop off loop  Dismissal (2:40 PM to 3:30 PM)   The intersection of Fayette Drive and Greenhust  Avenue experienced the highest vehicular  volume.      As in the morning, few pedestrians were  observed and no cyclists.    Queuing on Fayette Avenue       Page 17 of 82  McDowell Mountain Elementary Drop‐Off Observations     The first students were observed arriving at the  elementary school around 8:10 AM, though the majority of  drop‐off activity commenced in earnest around 8:20 AM.  Parents queued around the kindergarten drop‐off circle on  the west side of the school site; queuing extended to the  street before 8:25 AM. Separate lines formed along either  side of the onsite median; based on discussions with  school staff, younger students are dropped off at the  interior curb. One parent was observed parking and  leaving their car in the circulation lane. Cars in queue  behind this car typically waited and then passed on the  outside.  Entrance to drop off loops          The onsite crosswalk near the entrance gate is operated by  a non‐vested crossing guard. The condition of the onsite  crosswalks is poor; the lines have faded and are difficult to  see. The gate opening near the elementary drop‐off zone  lacks crosswalk markings.            Onsite crosswalk with crossing guard        Multiple vehicles were observed driving around the speed  bumps on the northwest side of the circulation loop. At  one point, a driver was following the apparent traffic path  and another driver attempted to pass by going around the  speed bumps.         Vehicles drive around speed bumps in parking lot     Page 18 of 82      The school zone posted speed limit along Fayette Drive is  15 mph. The school zones incorporate roll away signs but  do not have crossing guards. The roll away signs were  properly placed but improperly oriented. Speeding is  prevalent through the school zone. A sheriff regularly  parks in the school zone to enforce speed. One vehicle was  observed stopped by the sheriff for speeding. School staff  noted this was a common occurrence.    Speed enforcement on Fayette Avenue    Balsam Drive crosswalks      Few students were observed walking to school; no students  were observed biking to school. The team estimated three  to five students walked to school. Most of the students  approached from the east along the sidewalk on the south  side of Fayette Drive. One student was observed walking  with a parent from the west approach, again following the  sidewalk on the south side of Fayette Drive. The students  did not use the central access gate but followed the  driveways onsite. Two students accompanied by a parent  walked from Balsam Drive and utilized the west school  crosswalk to approach the school.         Page 19 of 82  McDowell Mountain Elementary Pick‐Up Observations        The preschool pickup began at approximately 2:40 PM at  the bus loop on the south side of the school. Many parents  exited their vehicles to assist their children. School staff  assisted others while parents remained in their vehicles.  Preschool pickup ended at approximately 3:00 PM. The bus  serving special needs students approached the same pickup  location, loaded, and departed at approximately 3:00 PM.     Preschool pick up line  Pick up line entrance        Kindergarten through third grade pickup took place from  approximately 3:15‐3:25 PM. The queue to enter the  school extended onto Fayette Drive. Several cars were  observed passing to the right of queued vehicles along  Fayette Drive. A staff member at the circulation lanes  relayed the students’ last name with a radio to indicate  which parent had arrived for pick‐up.         Page 20 of 82  Onsite signage was unclear and there were many signs that conflicted with current operations. For example, there were  many “No Left Turn” or “No Right Turn” signs where vehicles are required to turn to follow procedures established by  the school. Additional signage issues included: a missing rollaway school zone sign as well as a double‐sided rollaway  sign was used in place of a sign that should be single sided.                                       Onsite signage that conflicts with established procedures    Figure 4 illustrates observed arrival and dismissal routes for McDowell Mountain Elementary School. Figure 5 depicts the  existing conditions and observations relating to these routes.    Page 21 of 82  Figure 4 – McDowell Mountain Elementary School Observed Arrival and Dismissal Routes      Page 22 of 82  Figure 5 – McDowell Elementary Existing Conditions and Observations      Page 23 of 82  Crash Data Analysis   Crash data was obtained from MAG for the period of January 1, 2017, to December 31, 2022, for the one‐mile buffer.  Data was collected for eight intersections within the vicinity of the schools covered by the Safe Routes to School studies.  Based on the data, a crash analysis was conducted to determine areas where crashes with vulnerable road users (VRU)s  had occurred. Table 3 provides a summary of pedestrian‐ or bicycle‐ related crashes that occurred in the vicinity of  McDowell Mountain Elementary School during the five‐year period. Appendix D contains the provided crash data.     Table 3 – McDowell Mountain Elementary School VRU Collisions by Injury Severity (2017–2022)  Injury Type  2017  2018  2019  2020  2021  2022  Total  Fatal  0  1  0  0  0  0  1  Injury 0 0 0 3 0 0 3  No Injury  0  0  0  0  0  0  0  Total  0  1  0  3  0  0  4    Key findings from the crash analysis include:   There was one fatal collision involving a pedestrian within the vicinity of McDowell Mountain Elementary School.   There were 229 collisions, of which 4 collisions involved a pedestrian/bicyclist.   The fatal crash shown was a pedestrian crossing the road at 7:17 AM on October 17, 2018; a possible minor  injury crash was a pedestrian crossing the road.   The incapacitating crash was a cyclist (no information available). The other possibly minor injury was crash was a  cyclist making a right turn.     Figure 6 displays the locations in which the 4 collisions occurred.          Page 24 of 82  Figure 6 – McDowell Elementary Crash Locations       Page 25 of 82  Walk/Bike Assessment   Members of the consultant team conducted a walking and biking assessment to gain a first‐hand understanding of the  walking and biking constraints, opportunities, and needs within the surrounding area of McDowell Mountain Elementary  School and Fountain Hills Middle School. The assessment involved the systematic gathering of data about environmental  conditions (social, built and natural) that affect walking and biking access and comfort. The assessment was conducted  on March 23, 2023 at McDowell Mountain Elementary School. The observations occurred from approximately 8:00 AM  to 8:45 AM and 2:30 PM to 3:30 PM at the elementary school. The team consisted of:     Dana Biscan, B&N   Brooke Logan, B&N   David Janover, Town of Fountain Hills   Andy Whistler, Town of Fountain Hills    Things That Are Being Done Well   Teachers assist in facilitating student crossings on‐site and aid in student drop‐off.   Local sheriff’s office does well in enforcing school speed limit.   Available bike parking slots are sufficient to handle capacity of respective schools. Storage racks are secure and  located within the perimeter of each school.    Some sidewalks are present.    Summary of Issues and Needs   This section outlines the issues and concerns within and surrounding the perimeter of McDowell Mountain Elementary  School. Conclusions have been formed based on the previously presented observations regarding the drop‐off/pick‐up  and walk/bike assessments.     McDowell Mountain Elementary School  Sidewalks:         Obstructions – Some general cleanup of the overgrown  bushes is needed along the north and south sidewalks  along Fayette Drive/Fayette Avenue/Hampstead Drive.  The obstructions are minimal but if left unattended may  obstruct the path for students walking or biking to school.          Overgrown landscaping on Hampstead Drive  sidewalk       Page 26 of 82   Condition – The sidewalks bordering Fayette  Drive/Fayette Avenue/Hampstead span need  maintenance in multiple locations. These locations have  protruding cracks, gaps, uneven surfaces, as well as  narrow pathways. Conditions as such pose a hazard for  students using wheeled forms of mobility.      Sidewalk crack in kindergarten drop off loop          Sidewalk heaving in kindergarten drop off loop  Crosswalks:     The school zone crosswalks spanning Fayette Avenue  allowing for access to both Carmel Drive and Balsam Drive  are in good condition; however, there is no receiving  sidewalk at either. Upon definition as a preschool, yellow  school zone crossings are no longer covered under  statute. The crosswalks within the bounds of the school  are faded and in need of restriping. The image on the next  page depicts the locations of crosswalks with little to no  visibility with red arrows, while illustrating green arrows  for those in fair to good condition.       Crosswalk in drop off loop (east)      Crosswalk at Fayette Avenue and Balsam Drive      Crosswalk at Fayette Drive and east driveway     Page 27 of 82                                         Crosswalk in drop off loop (west)   Offsite Signage:     Signage – The portable/temporary signage around McDowell Mountain Elementary School are sufficient when  properly set in place. Upon observation, one sign was missing while another was improperly placed. Upon  being defined as a preschool, roll away signs will no longer be covered by statute.     McDowell Mountain Elementary School Crossings Overview  faded, poor condition, low visibility crossings  sufficient, fair – good condition, visible crossings     Page 28 of 82  Traffic Control:     Signage – There is extraneous signage onsite that  contradicts current practices. Inaccurate signage should  be removed and new signage installed if needed. Drop‐off  related temporary signage should be clarified or removed  if not needed.          Bus/pre school loop entrance      Bus/pre school loop entrance      Parent loop entrance    Extraneous signage  Extraneous signage locations  .    Page 29 of 82   Drop‐off related temporary signage should be clarified or removed if not needed.        Unclear signs in parent loops     Calming Measures – The current traffic calming measures  (speed bumps) provide little to no effect on limiting the  speed of drivers within the perimeter of the school.  Modifications to or the implementation of new calming  measures is recommended.      Speed bumps in parking lot    Speed bumps in parking lot  Sidewalk presence within the one‐mile buffer is illustrated below in Figure 7.       Page 30 of 82  Figure 7 – McDowell Mountain Elementary School Existing Sidewalk Conditions       Page 31 of 82  FOUNTAIN HILLS MIDDLE SCHOOL   This section presents an overview of existing conditions, issues, and needs identified through an analysis, field  assessments, and community outreach.    Introduction  Fountain Hills Middle School is within the FHUSD and serves children in the fourth through eighth grades. As seen in  Figure 8, this school is located along East McDowell Mountain Road and northwest of Fountain Hills Boulevard. The area  around the school has limited sidewalk connectivity and limited controlled crossing opportunities, creating several  potential walking and biking hazards to the school. The school itself has faded pavement markings, broken school zone  roll away signs, and staff were not observed directing onsite traffic. The school does have flashing signs for the school  zone. Figure 9 depicts sign locations at Fountain Hills Middle School. Site usage will change next year (2023‐2024), the  Middle School will shift to serve grades K‐5.        Page 32 of 82  Figure 8 – Fountain Hills Middle School Location       Page 33 of 82  Figure 9 – Fountain Hills Middle School Sign Locations       Page 34 of 82  Existing Roadway Conditions   Fountain Hills Middle school is accessed directly from an arterial roadway.     Key Access Routes for Fountain Hills Middle  School Include:     Fountain Hills Boulevard – Adjacent to  the school and extending to the south,  this minor arterial is the key access point  for the middle school with four lanes and  a two‐way left‐turn lane. Bike lanes exist  along both sides of the corridor.  Sidewalks are present immediately  adjacent to the school on both sides.  Crosswalks are located at the intersection  of Fountain Hills Boulevard and  Glenbrook Boulevard (about 500 feet  south of the school’s exit).   Transition of McDowell Mountain Road to Fountain Hills  Boulevard near the school’s entrance     McDowell Mountain Road – McDowell Mountain Road is an east‐west minor arterial with two lanes and no  median or turn lane. It converts into Fountain Hills Boulevard as it turns into a north‐south Road. The speed  limit is posted at 35 mph.      Glenbrook Boulevard – located south of Fountain Hills Middle School, this east‐west collector road acts as a  key access point from the surrounding neighborhoods to the school. The corridor has a two‐way left‐turn lane  as well as a posted speed limit of 35 mph.      Overview of arterial/collector network connectivity in the vicinity of Fountain Hills Middle School           Page 35 of 82    Table 4 summarizes inventories of existing conditions related to safe walking and biking for Fountain Hills Middle School.    Table 4 – Fountain Hills Middle School Existing Walking & Biking Conditions  Item  Response  Location, capacity, and security of bicycle  storage areas  Ample bike parking is available at the school. The racks are located  within the perimeter of the school, near the entrance.  Locations of site access points for walking and  bicycling students  The driveways serve as access points for all entrants. Some students  gain access through the church parking lot. The northmost entrance  receives the highest vehicle traffic, yet sidewalks are only present  near the southern edge of the school.   Vehicle/pedestrian and vehicle/bicycle conflict  points  Students entering the school are not channelized and cross drop‐off  lanes.   Marked crossing locations and controls Offsite: The intersection of Fountain Hills Boulevard and Glenbrook  Boulevard has three marked crosswalks, one with yellow striping as  a school zone crosswalk. All three are ADA compliant. Further south,  there is a marked crosswalk at El Pueblo Boulevard along Fountain  Hills Boulevard.      Onsite: The majority of onsite pavement markings are faded and low  visibility. There is no marked crossing to connect students leaving  the building to the driveway on the south side of the site (where  many cross).  On‐ and off‐site traffic control  (permanent/portable signing, pavement  markings, marked crossing locations,  intersection controls, etc.)  The posted speed on Fountain Hills Boulevard is 35 mph. There are  flashing signs indicating 15 mph school zone speeds. Crossings are  present at the intersection of Fountain Hills Boulevard and  Glenbrook Boulevard.   Presence of bike paths/lanes and their widths,  continuity, barriers/obstructions, lighting,  visibility, etc.  There are bike lanes along both sides of Fountain Hills Boulevard.   Presence of sidewalks (or other walking paths)  and their widths, continuity, barriers/  obstructions, lighting, visibility, etc.,  Some of the neighborhoods surrounding the school have sidewalks.  There are no sidewalks on McDowell Mountain Road, nor are they  planned. They are present on both sides of Fountain Hills Boulevard  for almost 1,500 ft (Oxford Drive to Fountain Hills Middle School).  The sidewalk is then present on the east side of Fountain Hills  Boulevard only. Sidewalk gaps are shown in Figure 13 and Figure 20   Existing land uses near the school  The areas surrounding the school are primarily single‐family  residences with a single small shopping center. There are multiple  churches in the area including one just south of the school’s  perimeter. The land directly behind the school is undeveloped open  space.            Page 36 of 82  Traffic Conditions   Pedestrian, bicycle, and vehicular turning movement counts for Fountain Hills Middle School were collected at three  intersections from 7:30 AM – 9:15 AM and 2:00 PM – 3:45 PM on Tuesday, March 21, 2023. The vehicular peak hour  counts are reported by individual intersection, with the peak hours generally occurring during the period leading up to  school drop off and during pick up. These peak hour counts are shown in Figure 10.    Intersections included:     Fountain Hills Boulevard and Glenbrook Boulevard   Fountain Hills Boulevard and Northern Driveway   Fountain Hills Boulevard and Southern Driveway    Table 5 provides a summary of the pedestrian and cyclist traffic counts from Figure 10. The full details of the traffic and  multimodal traffic volume data can be found in Appendix B.    Table 5 – Fountain Hills High School Pedestrian and Bicycle Counts  Intersection AM Peak Hour  PM Peak Hour  Pedestrian Bicycle Pedestrian Bicycle  1. Fountain Hills Blvd & Northern Driveway  0  0  0  0  2. Fountain Hills Blvd & Southern Driveway  0  0  0  1  3. Fountain Hills Blvd & Glenbrook Blvd  2  0  25  2       Page 37 of 82  Figure 10 – Fountain Hills Middle School Peak Hour Multimodal Traffic Counts    Page 38 of 82  Traffic Analysis   Existing turning movement counts for the arrival (drop‐off) and dismissal (pick‐up) times were analyzed to identify the  busiest intersections as well as the directional distribution of traffic volumes of the roads directly adjacent to each  specific school location. This information was cross‐referenced with the multimodal volumes to identify potential  conflict areas for students traveling to and from school.    Arrival (8:00 AM to 8:25 AM)   Aside from the main entrance to the school, the intersection of Fountain Hills Boulevard and Glenbrook Boulevard  received the highest vehicle and pedestrian volumes.      The two main entrances to the school are accessed heading west on McDowell Mountain Road or north on  Fountain Hills Boulevard.     A few student walkers were observed arriving to school from McDowell Mountain Road and through the church  parking lot on the northwest corner of Fountain Hills Boulevard and Glenbrook Boulevard. One student was  observed cycling to school, as was one teacher.     Teachers were not directing traffic and no morning crossing guard was present. The roll out signs were not used.  The flashing speed limit signs were activated.     Speeding was prevalent along Fountain Hills Boulevard.    Middle school students began arriving at 8:03 AM, with drop‐ off peak occurring around 8:20‐8:25 AM. Seven students were  observed walking to school along McDowell Mountain Road;  ten to thirteen students were observed walking through the  adjoining church parking lot onto campus. This includes  students that were dropped off in cars at the parking lot  (three cars observed).       Car in crosswalk with student present    Student crossing parking lot near church    Page 39 of 82  Parent drop‐off occurred in two locations onsite, one in front  of the school and one at a secondary entrance. School staff  were not available to direct traffic during drop‐off. Parents  using the front drop‐off typically stop immediately beyond the  concrete apron. Parents queue behind and drop‐off children.      Students crossing drop off line at east loop   Parent drop‐off at east loop              There is a school zone and flashing lights near a marked  crosswalk on McDowell Mountain Road, the roll away signs  were not rolled into the crosswalk and broken signs were  observed in the area. School staff were not available to direct  traffic during drop‐off.      Flashing sign and broken roll away sign    Page 40 of 82    Bicycle racks on south side of school          One student and one faculty member were observed  bicycling to school. The student rode on the  sidewalk. Ample bicycle parking was available.            The queue was observed approaching the road but not  blocking through traffic from the east loop. Parents would go  around the east loop line and drop‐off at the front. Students  typically exited cars curbside.      Parent drop off at east loop    Dismissal (2:50 PM to 3:15 PM)  The intersection of Fountain Hills Boulevard and  Glenbrook Boulevard received the highest vehicle and  pedestrian volumes. Larger queues were observed as  parents arrived early and waited for students.    The east and west legs of the intersection of Fountain  Hills Boulevard and Glenbrook Blvd have marked  crosswalks. The northern leg has a yellow school zone  crosswalk.   Teachers were not directing traffic. A crossing guard  was present for a short period of time to facilitate  crossing at Fountain Hills Boulevard. The roll out signs  were not used. The flashing speed limit signs were  activated.   Speeding was prevalent along Fountain Hills Boulevard.   Numerous students walked home and used the school  zone crosswalk; 21 pedestrians were counted crossing  Fountain Hills Boulevard.   Student crossing and parents away from designated  pick‐up area    Page 41 of 82    School pickup took place from approximately 2:50‐3:15  PM. Few parents were observed parking in the parking lot  during pick‐up. Students were observed crossing the traffic  in the secondary pick‐up line to walk to the parked  vehicles.        Parent pick up at east loop    Students crossing driveway to church parking lot          Dozens of students were observed walking from school.  Many students were observed walking across the  driveway to the church parking lot.       A crossing guard was present after school at the Fountain  Hills Boulevard school crosswalk. The crossing guard had a  safety vest and handheld stop sign. Notably, the majority of  walking students arrived at the same time and were  assisted crossing the street. One student left school  approximately ten minutes after dismissal; the crossing  guard had returned to campus. A member of the SRTS  team crossed with the student.    The onsite crosswalk at the west loop is operated by a non‐ vested crossing guard after school. The condition of the  onsite crosswalks is poor; the lines have faded and are  difficult to see.    Crossing guard at west loop    Page 42 of 82    Faded crosswalk at west loop    In general, pavement markings and onsite signs were  faded. Some signs were illegible.        Faded crosswalk at west parking lot  Crosswalk on Fountain Hills Boulevard            Speeding along Fountain Hills Boulevard was common,  especially in the southbound direction. Several of these  vehicles were observed to be going to or leaving the school.       Crash Data Analysis   Crash data was obtained from the MAG for the period of January 1, 2017, to December 31, 2022, for the one‐mile  buffer. Data was collected for the eight intersections within the vicinity of the schools covered by the Safe Routes to  School studies. Based on the data, a crash analysis was conducted to determine areas with pedestrian‐ or bicycle‐related  involvement. Table 6 provides a summary of pedestrian‐ or bicycle‐related crashes that occurred in the vicinity of  Fountain Hills Middle School during the five‐year period.     Table 6 – Fountain Hills Middle School VRU Collisions by Injury Severity (2017–2022)  Injury Type  2017  2018  2019  2020  2021  2022  Total  Fatal  0  0  0  0  0  0  0  Injury  0 0 0 1 0 0 1  No Injury  0  0  0  0  0  0  0  Total  0  0  0  1  0  0  1    Key findings from the crash analysis, include:   There were 75 collisions, of which 1 collision resulted in possible injury to a pedestrian crossing the road.    Figure 11 displays the location in which the pedestrian collision occurred.     Page 43 of 82  Figure 11 – Fountain Hills Middle School Crash Locations       Page 44 of 82  Walk/Bike Assessment   Members of the consultant team conducted a walking and biking assessment to gain a first‐hand understanding of the  walking and biking constraints, opportunities, and needs within the surrounding area of Fountain Hills Middle School.  The assessment involved the systematic gathering of data about environmental conditions (social, built and natural) that  affect walking and biking access and comfort. The assessment was conducted March 28, 2023, at Fountain Hills Middle  School. The occurred from approximately 8:00 AM to 9:30 AM and 2:45 PM to 3:15 PM. The team consisted of:     Dana Biscan, B&N   Brooke Logan, B&N   David Janover, Town of Fountain Hills   Andy Whistler, Town of Fountain Hills    Things That Are Being Done Well   Crossing guard at offsite crosswalk upon school release.   Flashing school zone lights present along Fountain Hills Boulevard.   Available bike parking slots are sufficient to handle capacity of respective schools. Storage racks are secure and  located within the perimeter of each school.    Some sidewalks are present.   Onsite pedestrian fencing to restrict crossing locations along driveway.    Arrivals and Dismissal   Figure 12 illustrates observed arrival and dismissal routes for Fountain Hills Middle School. Figure 13 depicts the existing  conditions and observations relating to these routes.   Page 45 of 82  Figure 12 – Fountain Hills Middle School Observed Arrival and Dismissal Routes      Page 46 of 82  Figure 13 – Fountain Hills Middle School Existing Conditions and Observations     Page 47 of 82  Summary of Issues and Needs   This section outlines the issues and concerns within and surrounding the perimeter of Fountain Hills Middle School.  Conclusions have been formed based on the previously presented observations regarding the drop‐off/pick‐up and walk  and bike assessments.     Fountain Hills Middle School  Sidewalks:     Obstructions – The general area surrounding Fountain Hills  Middle School contains few sidewalks. Those present require  crossing the main intersection (Fountain Hills Boulevard &  Glenbrook Boulevard) for access for many students. General  cleanup of landscaping obstructions is recommended.      Overgrown landscaping along south entrance sidewalk      Overgrown landscaping along south  entrance sidewalk       Conditions – Specific locations of curbs around the area  require maintenance. Gaps and uneven surfaces pose a risk  for both student walkers and utilizing any form of wheeled  transportation. Non – ADA compliant ramps or access  conditions should be resolved.        Page 48 of 82    Sidewalk heaving  Sidewalk cracking  Gutter temporarily filled with asphalt to  assist buses to navigate bump    Onsite Striping:     The onsite pavement markings have faded and should be  restriped.     Faded pavement markings at east loop entrance    Faded sidewalk markings in east loop     Page 49 of 82    Faded crosswalk in east parking lot      Concrete crosswalk in east loop   School Zone Signage – The roll‐out signage was not utilized.  The crosswalk striping is in good condition.      Crosswalk on Fountain Hills Boulevard    Roll out sign not utilized     Page 50 of 82    Traffic Control:     Signage – There is limited onsite signage to aid in traffic  circulation.       Vehicle/pedestrian conflict      Student pick up on the side of school   (not in pick up area)   Calming Measures – The lack of in place calming measures results in little to no “checks” on driver speed.  Current in‐place signage requires maintenance.       School access points located along Fountain Hills Boulevard – no speed bumps or raised crosswalks     Pedestrian Conflicts – There is a pedestrian crossing conflict at the driveway accessing the church parking lot.  Many students cross here.   Traffic Control – Staff do not direct onsite traffic movements.    Sidewalk presence within the one‐mile buffer is illustrated in Figure 14.    Page 51 of 82  Figure 14 – Fountain Hills Middle School Sidewalk Conditions     Page 52 of 82  COMMUNITY OUTREACH   To obtain a first‐hand understanding of the needs of the students, parents, school, and community, community  outreach was conducted.    Student Travel Tally  A student travel tally was conducted at McDowell Mountain Elementary School by teachers in their classroom for the  week of May 15th, 2023. The form provided by the National Center for Safe Routes to School program was utilized. The  travel tally included the questions, “How did you arrive at school today?” and, “How do you plan to leave for home after  school?”. The student tally surveys can be found in Appendix C.    Figure 15 compares the morning and afternoon travel mode results of the student travel tally. The results of the tally  reveal that student travel modes are the same between the morning and afternoon. Key findings show:     In both the morning and afternoon, 48 percent of students arrive/depart by school bus while 52 percent of  students are dropped off/picked up in their family vehicle.    The survey results show that, of the students surveyed, no students are walking or biking to/from school.    Figure 15 – Student Tally of Arrival at and Departure from McDowell Mountain Elementary School      A separate student travel tally was conducted at Fountain Hills Middle School by teachers in their classrooms for the  week of May 8th, 2023. The form provided by the National Center for Safe Routes to School program was utilized. The  travel tally included the questions “How did you arrive at school today?” and “How do you plan to leave for home after  school?”. The student tally surveys can be found in Appendix C.    Figure 16 compares the morning and afternoon travel mode results of the student travel tally. The results of the tally  reveal that student travel modes are different between the morning and afternoon. Key findings show:  0% 0% 48% 52% 0% 0% 48% 52% 0% 10% 20% 30% 40% 50% 60% Walk Bike School Bus Family Vehicle McDowell Mountain Elementary School Morning and Afternoon Travel Mode Comparison AM PM    Page 53 of 82   In the morning, 40 percent of students arrive by school bus while 54 percent of students are dropped off by  their family vehicle, 4 percent walk to school, 1 percent of students bike to school and 1 percent of students  arrive by carpool.    In the afternoon, 44 percent of students depart by school bus while 47 percent of students are picked up by  their family vehicle, 7 percent walk from school, 1 percent of students bike from school and 1 percent of  students depart by carpool.     Figure 16 – Student Tally of Arrival at and Departure from Fountain Hills Middle School      Parent Survey   To obtain input from parents about children walking and biking to school, a parent survey was conducted at McDowell  Mountain Elementary School and Fountain Hills Middle School in spring 2023 utilizing the English and Spanish version  forms provided by the National Center for SRTS program. The forms were modified by MAG to better fit the schools in  the region. The survey takes approximately 5 – 10 minutes to complete and utilizes questions standardized by the  National Center for Safe Routes to School Program. Each family was asked to only complete one survey per household.  The data from the completed parent survey sheets was entered on Arizona State University’s (ASU) School Travel Survey  website ( https://redcap.rc.asu.edu/surveys/?s=KCA7FFECDNWPEEAW) The completed parent surveys are included in  Appendix D.    Three parents representing children enrolled in McDowell Mountain Elementary School completed the parent survey  electronically. One survey was submitted incomplete. Findings from the survey include:     All of the respondents indicated that the child’s home was within one to two miles of the school.    Students primarily traveled by car to school regardless of the distance. One respondent indicated that the child  travels by bus to school.    The three respondents indicated that the same manner of travel was utilized when leaving school.    One respondent indicated that they would not want their child to walk or bike to school.    The main reasons parents reported their children do not walk to school are traffic volumes, traffic speeds, and  the presence of dangerous intersections.   4%1% 40% 54% 1% 7% 1% 44%47% 1% 0% 10% 20% 30% 40% 50% 60% Walk Bike School Bus Family Vehicle Carpool Fountain Hills Middle School Morning and Afternoon Travel Mode Comparison AM PM    Page 54 of 82  School Encourages Walking/Biking – One of the  questions asked on the parent survey was if the parents  “believe McDowell Mountain Elementary School  encourages students to walk and/or bike to school”. All  parents who responded to the survey disagree.     Too Much Traffic – One of the questions asked on the  parent survey was if their “child does not walk or bike to  school due to too much traffic”. 67 percent of parents  strongly agree.    Child Has Fun Walking/Biking – One of the questions  asked on the parent survey was if their “child has fun  walking and/or biking to school.” 33 percent of parents  strongly agree.      Twenty parents representing children enrolled in Fountain Hills Middle School completed the survey electronically. Six  surveys were submitted incomplete. Findings from the survey include:     20 percent of respondents indicated that the child’s home was within a mile of the school, 30 percent indicated  the child lives within two miles of the school, and 50 percent indicated that they live more than 2 miles from the  school.    The collected survey responses indicate that half of the students travel by bus to school and the other half travel  by car. Two incomplete surveys indicate that their child walks to school.    Based on responses received, more students travel by car when leaving school than any other mode. 36 percent  of students take the bus. Of the collected surveys, there were no indications of students biking to school.    30 percent said that their child had requested permission to walk or bike to/from school in the last year.    60 percent of parents said they would not feel comfortable with their child(ren) walking/biking to school  regardless of age.    The main reasons parents reported their children do not walk to school are dangerous intersections, sidewalk  safety and traffic volumes/speeds being too high.   100% School Encourages Walking/Biking Strongly Agree Agree Disagree 67% 33% Too Much Traffic  Strongly Agree Agree Disagree 33% 67% Child Has Fun Walking/Biking Strongly Agree Agree Disagree    Page 55 of 82    School Encourages Walking/Biking – One of the  questions asked on the parents survey was if the parents  “believe Fountain Hills Middle School encourages  students to walk and/or bike to school”. 35 percent of  parents agree.    Too Much Traffic – One of the questions asked on the  parent survey was if their “child does not walk or bike to  school due to too much traffic”. 70 percent of parents  either strongly agree or agree.     Traffic Speeds Are Too Fast – One of the questions asked  on the parent survey was if their “child does not walk or  bike to school due to the speed of traffic”. 60 percent of  parents either strongly agree or agree.      Distance From School – One of the questions  asked on the parent survey was how far the child’s  family lived from Fountain Hills Middle School. The  majority of responses was greater than two miles  (10). Four responses indicated residency within a  mile of the school.     The two incomplete surveys that indicated their  child walks to school both reside within one‐half  mile of the school.     0% 35% 25% 5% 35% School Encourages Walking/Biking Strongly Agree Agree Disagree Strongly Disagree N/A 60% 33% 7% Too Much Traffic Agree Disagree Strongly Disagree N/A Traffic Speeds Are Too Fast 00 3 1 6 10 0 2 4 6 8 10 12 <1/4 mile 1/4 ‐ 1/2 mile 1/2 ‐ 3/4 mile 3/4 ‐ 1 mile 1 ‐ 2 miles >2 miles Distance From School  35% 40%  20% 5%     Page 56 of 82  SRTS Newsletter   An outreach effort was conducted to obtain feedback from the community as to what the issues and concerns are  regarding students walking/biking to school and, how we, as a team, can assist and develop solutions to make the  walking/biking routes to school safer. This outreach was conducted via a newsletter prepared by the consultant and  distributed to the community by the school. In the newsletter, the consultant team summarized the project background  including the purposes and goals of a SRTS study, discussed the background information regarding the parent survey and  student travel tally, gave a brief description of the observations that were made during the walking/ biking assessment,  and identified three areas that the consultant team would like to seek input from the community. The questions that  were posed in the newsletter are as follows:     What stops your student from walking or biking to school?   If your child enjoys walking or biking to school, why do they like to do it?   What other comments or concerns do you have regarding your child walking or biking to school?    The newsletter that was distributed to the school and community can be found in Appendix E. No responses were  received.  RECOMMENDATIONS    McDowell Mountain Elementary School Engineering Improvement Recommendations  Engineering measures for SRTS include the design, construction and maintenance of physical infrastructure that can  improve the safety and comfort of students that are walking and biking to school. This infrastructure includes signage,  pavement marking decals, and traffic control devices such as stop signs, as well as sidewalks and paths. When  considering engineering measures, it is best to identify the problem first, and then use accepted engineering practices to  develop an appropriate solution. A summary of recommended improvements is provided in Figure 19. A number of site‐ specific recommendations were developed based upon field observations as well as input from the community.     Page 57 of 82  On‐Site Traffic Calming          Speed Bumps    To encourage drivers to reduce speed within the  perimeter of the soon to be preschool, the existing  calming devices (speed bumps) should be extended or  relocated. A potential reconfiguration is illustrated to the  right. Ideally, the exisiting speed bumps shall be removed.             Recommended speed bump installation    School Zone Modifications  Due to the ARS limitations (28‐797 and 28‐641) regarding a preschool rather than elementary school, the yellow‐zone  crosswalks are subject to provisions of the statute. The low crossing volumes that have and will likely continue to  accompany this school after repurposing result in the following recommendations regarding crossings. The yellow‐zone  crossing spanning Fayette Avenue should be removed, if one is to be kept as a white‐zone crossing it should be the  western crosswalk as both sides are accompanied by ADA complaint sidewalks. A crosswalk warrant study is advised.    Pick‐Up and Drop‐Off Procedures  With McDowell Mountain’s repurposing and anticipated limited enrollment, it is recommended that parents park and  walk their students to their classrooms (i.e., no longer using fire lane or drop‐off circle). By doing so, queuing into the  road (expected speed limit 25 mph) should be mitigated. This would also resolve potential perceived liability for  teachers assisting students in using their car seats.     Crosswalk Restriping  The onsite crosswalks should be restriped, providing an ADA accessible path, and be marked with intent towards drop‐ off/pick‐up procedures. A suggested pedestrian pathway could be marked to channelize foot traffic from the parking lot.  The minimum recommendation regarding the pedestrian pathway is illustrated below.     Recommend removal of  existing speed bumps  New/relocated speed bumps     Page 58 of 82    Recommended restriping within perimeter of school    ADA Compliance – Pedestrian Ramps  To ensure that students walking and biking to school have the same opportunity to do so, regardless of ability, it is  recommended that all pedestrian ramps within the surrounding area of McDowell Mountain Elementary School and  Fountain Hills Middle School be upgraded to ensure ADA compliance. The majority of pedestrian ramps in the  surrounding area appear to be in good condition but do not have flush transitions.    Sidewalk/Ramp Repairs and Connectivity  To ensure students can navigate sidewalks and ramps while walking/biking to and from McDowell Mountain Elementary  School and Fountain Hills Middles school, it is imperative their paths are clear and connected. The following issues have  been identified for repair/connectivity:     Large cracks in sidewalks   Non‐flush transitions between sidewalk panels and between pedestrian ramps and the roadway   Sidewalk obstructions   Long stretches of roadway without sidewalk within the one‐mile buffer of McDowell Mountain Elementary  outlined in Figure 7 and Figure 17.    Signage  Signage, as illustrated in Figure 2, is to be removed as depicted in Figure 18. Signage removal should include the removal  of marked “no left/right turn” signs as they are contradictory with required driver actions. The figure also illustrates the  required replacement signage for school zone crossing S1‐1 with white‐striped crossing compliant W11‐2, should the  crosswalk be restriped.          Page 59 of 82  Figure 17 – McDowell Mountain Elementary School Sidewalk Improvement Recommendations       Page 60 of 82  Figure 18 – McDowell Mountain Elementary School Sign Removal Recommendations       Page 61 of 82  Figure 19 – McDowell Mountain Elementary School General Recommendations       Page 62 of 82  Fountain Hills Middle School Engineering Improvement Recommendations    Engineering measures for SRTS include the design, construction and maintenance of physical infrastructure that can  improve the safety and comfort of students that are walking and biking to school. This infrastructure includes signage,  pavement marking decals, and traffic control devices such as stop signs, sidewalks, and paths. When considering  engineering measures, it is best to identify the problem first, and then use accepted engineering practices to develop an  appropriate solution. A summary of recommended improvements is provided in Figure 21. A number of site‐specific  recommendations were developed based upon field observations as well as input from the community.     Traffic Calming Devices  To ensure that motorists traveling on the roadways in the vicinity of the school comply with the designated speed limit,  it is recommended that Fountain Hills Middles school alongside the Town identify and install neighborhood calming  devices within the respective school zones. The purpose of these devices will be to change driver behavior and force  drivers to decrease their speed while in the school zone thus increasing the safety of students walking/biking to school.  Specifically, a gateway feature or monument, as well as visually narrowing lanes, may slow traffic approaching from the  north/east.     Crossing Features  As a future elementary school, this location will be covered under Arizona Revised Statue (ARS) 28‐797 and 28‐641 to  implement and use yellow‐zone crosswalks. The SRTS Team recommends evaluating a HAWK crossing and/or adding a  school zone crosswalk closer to the school driveway. A warrant analysis is recommended.    A warrant analysis could be conducted for a new crosswalk with  HAWK or converting the yellow crosswalk to a HAWK and  relocating the school zone crosswalk closer to the school  driveway. The latter may eliminate cut‐through pedestrian  traffic at the church and the onsite pedestrian‐vehicle conflict;  however, there is an additional driveway crossing on the east  side of the street.    The onsite crosswalks should be restriped, providing an ADA  accessible path, and be marked with intent towards drop‐ off/pick‐up procedures. A suggested pedestrian pathway could  be marked to channelize foot traffic from the parking lot.     An additional onsite crossing with crossing guard/traffic  direction is recommended to span the east‐west lanes used to  exit/enter the southern portion of the school. This would  provide a route for students to cross the driveway away from  the driveway entrance (where drivers are likely making multiple  decisions, including judging gaps in oncoming traffic).     It is recommended that these crosswalks are accompanied by vested teachers or crossing guards to direct traffic, as well  as roll out signage. These recommendations are illustrated below. Note: rectangular striping should be used to increase  visibility.     Student crossing alone on Fountain Hills Boulevard    Page 63 of 82    Recommended crosswalk additions within onsite, arrows denote preferred path    ADA Compliance – Pedestrian Ramps  To ensure that students walking and biking to school have the same opportunity to do so, regardless of ability, it is  recommended that all pedestrian ramps within the surrounding area of McDowell Mountain Elementary School and  Fountain Hills Middle School be upgraded to ensure ADA compliance. The majority of pedestrian ramps in the  surrounding area appear to be in good condition but do not have flush transitions or sidewalk connections.    Sidewalk/Ramp Repairs and Connectivity  To ensure students can navigate sidewalks and ramps while walking/biking to and from Fountain Hills Middles school, it  is imperative their paths are clear and connected. The following issues have been identified for repair/connectivity:     Large cracks in sidewalks   Non‐flush transitions between sidewalk panels and between pedestrian ramps and the roadway   Sidewalk obstructions   Long stretches of roadway without sidewalk, within the one‐mile buffer of Fountain Hills Middle School outlined  in Figure 13 and improvements in Figure 20.      Page 64 of 82  Figure 20 – Fountain Hills Middle School Sidewalk Improvement Recommendations      Page 65 of 82  Figure 21 – Fountain Hills Middle School General Recommendations       Page 66 of 82  Education and Encouragement Recommendations   Education and Encouragement is a main factor when implementing all SRTS programs. Educating the students, faculty,  and public consists of activities such as teaching bicyclist safety, traffic safety, and informing them of the benefits and  goals of SRTS programs. Education strategies should create excitement and desire to walk or bike to and from school.  Special events, clubs, contests and other ongoing activities can help children and parents understand that walking and  biking are easy and fun. The Town and school should evaluate and implement effective awareness programs that best  address identified issues and needs to increase safety for adolescent pedestrians and bicyclists.    Develop SRTS Coalition  Develop a SRTS Coalition of interested parents, staff, and volunteers to assist with planning and conducting SRTS events.  The Coalition may include school faculty and staff, PTA representative, the school nurse, community members, local  businesses, Town officials, and local public health professionals. Activities the Coalition may lead include:     Championing walking/biking to school at community and school events   Twice a month commitment to serving as a school crossing guard   Organizing an event for International Walk/Bike to School Day   Leading walking school buses of bicycle trains    Parent Champion Program  Parent volunteers can significantly assist McDowell Mountain Elementary School and Fountain Hills Middle School with  developing their SRTS program, whether by volunteering for an event, coordinating with other parents, or establishing a  working group. The parent champion program should work closely with the SRTS Coalition to organize and participate in  events. It is important that Parent Champions also receive in‐depth SRTS training. The Champion Program may assist in:     Championing walking/biking to school at community, PTA meetings, and school events   Engaging community members in practicing traffic safety along walking/bike routes   Receiving training and serving as a school crossing guard   Setting‐up and manning booths at Back‐to‐School Events, community events, and during school assemblies   Leading walking school buses or bicycle trains    A guidebook for Parent Champion Program is available here:  https://sparetheairyouth.org/sites/all/themes/mtc/images/pdfs/STA_guidebookParents_FINAL_WEB.pdf    Parent and Caregiver Education  Education directed towards parents can strongly influence whether more children walk and bicycle to school in a safe  manner. A parent's own behavior also impacts the safety of their child and all children as they walk or bicycle to school.  For example, a parent who speeds to drop‐off their child at the school makes a less safe environment for walkers and  bicyclists. To communicate and educate parents, McDowell Mountain Elementary School and Fountain Hills Middle  School may consider:     Develop and distribute Suggested Routes Map – distribution may include email or information sent home with  students   Post educational materials and Suggested Routes Map on school website   Host a “How to Walk/Bike to School” program where both parents and students learn about traffic safety   Encourage parents to participate in scheduled SRTS events held at the school   Back‐to‐School night and parent/ teacher conferences can also be a good time to educate parents and provide  safety reminders     Page 67 of 82  In‐Classroom Curriculum  In‐classroom lessons and skills training activities teach students about walking, bicycling, health, and traffic safety.  Lessons introduce pedestrian and bicycle safety to students, including what types of situations they may encounter on  the road, how to follow street signs, and how to interact with drivers. Rhymes, songs, and videos help students  remember how to walk and cross streets safely. Examples of lessons include:     Math – calculate walking distances   Language Arts – Write about what you see on your route to school   Science – Walk outdoor to collect samples   Art – Designing posters to encourage walking   Geography ‐ Draw a map of route to school    Resources and examples for classroom curriculum include:   Colorado DOT Bicycle and Pedestrian Lesson Plans‐ https://www.codot.gov/programs/bikeped/safe‐ routes/training‐curriculum/srts‐lesson‐plans.html    Sonoma Safe Routes to School‐ https://sonomasaferoutes.org/content/education‐programs   Spanish language tip sheets‐ http://www.saferoutesinfo.org/program‐tools/education‐tip‐sheets     Participate in Special Events and Walk/Bike to School Day  To help encourage and educate students and parents participate in special events such as International Walk/Bike to  School Day, Earth Day, etc. The international Bike to School Day is held annually in October and Walk to School in May.  McDowell Mountain Elementary School and Fountain Hills Middle School may consider participating and registering at  http://www.walkbiketoschool.org/. The goal of this day is to increase walking and biking to school together with a  purpose— to promote health, safety, physical activity, aid in the reduction of traffic congestion during the pick‐up/drop‐ off at a school and concern for the environment.    Walking School Bus or Bicycle Train Ride  A Walking School Bus is a group of neighbors who walk to school picking up kids along the way or meeting at a set  location. The rule of thumb is to have one adult for six children. A walking school bus can be as informal as two families  taking turns walking their children to school to as structured as a route with meeting points, a timetable and a regularly  rotated schedule of trained volunteers. A variation on the walking school bus is the bicycle train, in which adults  supervise children riding their bikes to school. The flexibility of the walking school bus makes it appealing to  communities of all sizes with varying needs.    Mileage Clubs or Mileage Contests  Mileage clubs and contests encourage children either to begin walking and bicycling to school or to increase their  current amount of physical activity by making it fun and rewarding. Generally, children track the amount of miles they  walk or bicycle and get a small gift or a chance to win a prize after a certain mileage goal is reached. McDowell Mountain  Elementary School and Fountain Hills Middle School could incorporate a classroom challenge, with the winning  classroom receiving a special prize.    One‐Time Instruction  One‐Time Instructions consist of events such as school assemblies. While all children benefit from events such as this, it  is important to note that large group settings will not allow much interaction, if any from students in attendance.  Keeping the assembly short, visual, and to the point can assist with engaging students. Furthermore, reinforcing the  information throughout the school year using different methods may help students retain the information. The school  assembly can be combined with National efforts, such as National Walk/Bike to School Day or Earth Day.       Page 68 of 82  Structured Skills Practice  Structured skill practices can provide students with real world simulations to practice safe bicycling methods. These  methods can be taught as part of a classroom‐based lesson plan or even an after‐school program where an experienced  faculty member could show students how to bike more efficiently. These programs can include items such as when and  where to stop and how to properly utilize a crosswalk. This type of event can be completed as a one‐time event or  multiple lessons over a determined amount of time.    Additional Educational and Encouragement Programs  In addition, McDowell Mountain Elementary School and Fountain Hills Middle School may want to consider the following  programs:     Bike Rodeo   Walking Obstacle Course   Classroom Contests   Earn a Bike Program   Student Clubs   One‐Time Instruction with the Maricopa County Sheriff’s Office   Neighbor Education on what are dangers to walking/biking (i.e., stray dogs, parked vehicles on sidewalks, etc.)    Enforcement Recommendations  As one of the six E’s, enforcement combined with the other elements discussed above, is a tool to address the specific  needs of school and to achieve long‐term results. Enforcement strategies deter unsafe behavior of drivers, pedestrians,  and cyclists and encourage all road users to obey traffic laws and share the road safely. Rather than law enforcement  simply writing more traffic tickets, enforcement will consist of multiple stakeholders working together to promote safe  walking, biking, and driving. In addition to law enforcement officers, school officials, school patrols, parents, students,  and neighbors can help promote and enforce safe pedestrian, biking, and driving rules. Promoting safety through  awareness and education and providing a police presence will assist the Town in accomplishing their SRTS goals.    Community Wide Maintenance  In order to create a safer environment for students who walk and bike to school, as well as residents in the surrounding  area McDowell Mountain Elementary School and Fountain Hills Middle School, it is recommended that the Town works  alongside homeowners in the neighborhood to clear debris from sidewalks and ramps in their jurisdiction.    School Safety Campaign  A safety campaign is an effective way to build awareness of students walking, bicycling, and skateboarding to school and  to encourage safe driving behavior. Campaigns can use media at or near schools—such as posters, business window  stickers, yard signs, or street banners—to remind drivers to slow down, obey STOP signs, and use caution in school  zones. This type of campaign can also address other specific hazards or behaviors, such as walking or bicycling to school,  school bus safety, and parent drop‐off and pick‐up behavior.        Page 69 of 82  Onsite Parking Monitoring  Members of the SRTS Coalition or Parent Champion Program can assist McDowell Mountain Elementary School and  Fountain Hills Middle School in monitoring parent behaviors during arrival and dismissal hours. Monitoring tasks would  include:     Waving vehicles forward in the drop‐off area   Alert motorists to not park in the bus loading/unloading zone or drop‐off lanes   Ensure that students safely crossing parking lots    Crossing Guard Training  Crossing guards assist students crossing streets and remind drivers to comply with traffic laws near schools. Crossing  guards can be volunteer community members or paid employees. In addition to crossing guards, school safety patrols,  who are trained students, may be used to help facilitate crossings. Special training and adult supervision is required for  all school safety patrols. MAG offers free Crossing Guard Workshops and training materials to provide basic education  and training to school crossing guards. The workshops are held during select days of the year. McDowell Mountain  Elementary School and Fountain Hills Middle School may consider identifying at least two additional crossing guards and  register them for training at MAG. Additional information can be found at: http://azmag.gov/Programs/Public‐ Safety/Safe‐Routes‐to‐School‐SRTS    Community Enforcement  School officials, school patrols, parents, students, and neighbors should be actively engaged in the promotion of safe  driving, pedestrian, and biking behaviors. The previous Education and Encouragement section identifies many ways in  which this can be accomplished. Additional considerations for the community to take part in enforcement include:     School Patrol/Crossing Guards – continue to utilize crossing guards where possible to assist students with  arrivals and dismissal. Students should be trained on where and how to cross.   Parent Crossing Guards – ask parents to participate in twice‐a‐month crossing guard patrol.   Neighborhood Speed Watch – similar to crime watch programs, residents voluntarily monitor unsafe driver  behaviors and speeds to help raise public awareness.    Evaluation Recommendations  Evaluation is an important component of any SRTS effort. Not only does evaluation measure a program’s reach and  impact on a school community, it can also ensure continued funding and provide a path forward for ongoing and future  efforts. Evaluation can measure participation and accomplishments, shifts in travel behavior, changes in attitudes  toward walking and bicycling, awareness of the Safe Routes to School program, and the effectiveness of improvements.  One way the schools could engage with students and their families is to administer the same surveys issued as a part of  this SRTS annually.  WALKING AND BIKING SUGGESTED ROUTES MAP   Suggested routes to school maps are one of the most cost‐effective and tangible means available for encouraging school  children to walk or bike to school. The purpose of the maps is to provide school officials, parents, and students with a  tool to help plan their walking and bicycling route to and from school. The maps also help to illustrate walking, bicycling,  and crossing locations by identifying traffic controls, crossing guard locations, and the presence of sidewalks, pathways,  or bicycle facilities along routes leading to a given school. The map was developed based on:     Observed walking and biking routes currently utilized by students   Presence and quality of pedestrian and bicycle facilities     Page 70 of 82   Feedback obtained from SRTS Stakeholder Team, students, and parents on existing walking and biking routes  and their concerns with walking and biking to school    In addition to being used as a resource for parents and school staff in planning and encouraging walking and bicycling to  school, the maps can serve as a tool for Town staff to identify the location of needed transportation infrastructure  improvements in school areas. Figure 22 presents the Walking and Biking Route Map that was developed for McDowell  Mountain Elementary School. No map was developed for the campus that now serves the preschool.     Page 71 of 82  Figure 22 – McDowell Mountain Elementary School (formerly Fountain Hills Middle School) Proposed Safe Routes to School       Page 72 of 82  SAFE ROUTES TO SCHOOL ACTION PLAN  Table 7 provides a SRTS Action Plan containing general recommendations applicable to both McDowell Mountain  Elementary School and Fountain Hills Middle School. Table 8 and Table 9 provide SRTS Action Plans specific to each  school. The Action Plan identifies key issues, recommended strategies to address the issue, the party that is responsible  for leading the action, potential funding sources (if applicable), an implementation timeframe, and a method to evaluate  the strategies progress and effectiveness. The school, school district, and Town should utilize this Action Plan to identify  strategies that the different partners can pursue to improve the safety of students walking and biking to/from the  school. The Town should prioritize and address maintenance issues identified in the study, particularly updating,  signage, restriping, and repair of damaged sidewalk and ramps along primary route(s).    Strategy Impact  The strategy impact is a measure of how greatly the strategy influences or affects a child’s level of comfort to walk or  bike to school. A high impact strategy includes infrastructure and safety improvements that create a more walk‐and  bike‐friendly environment. Whereas a low impact strategy includes measures that help to educate the public or create  minor safety improvements.    Implementation Timeframe  The implementation timeframe of each strategy was identified based on the level of priority of the issue as well as  potential cost. Strategies identified as near‐term are those that are either urgent or those that require minimal effort to  implement. Strategies identified for long‐term implementation are those that should go through a formal evaluation and  planning process to implement. Any strategy requiring a significant infrastructure investment is identified for long‐term  implementation.    Evaluation  The Evaluation column in the Action Plan identifies a method that can be utilized to evaluate the progress and  effectiveness of the recommended strategy. On‐going evaluation through conducting Parent Survey and Student Travel  Tallies can help the school to track progress of SRTS efforts. These tools allow the school to track the actual number of  students walking and biking to school, as well as parent’s perceptions of walking and biking over time. As strategies are  implemented from the SRTS Action Plan, ideally the Student Travel Tally should show a greater percentage of students  reporting walking and biking and a positive perception from parents in the Parent Survey. As such, the SRTS team should  consider conducting these two surveys annually as strategies from the SRTS Action Plan are implemented.    Page 73 of 82  Table 7 – SRTS General Action Plan  Issue  Re c o m m e n d a t i o n   #   Recommended  Strategy/Task  Ed u c a t i o n   En c o u r a g e m e n t   En f o r c e m e n t   En g i n e e r i n g   Lead Potential  Funding Source  Implementation  Cost Impact Implementation  Timeframe Evaluation  Currently there  are minimal  walking and  biking to school  for the students.  Through  education and  encouragement,  there is an  opportunity to  increase the  percentage of  students walking  and biking.  1  Construct and  distribute Suggested  Routes Map to  students and parents.  X        FHUSD   SRTS  Low  Medium  Near‐Term  Number of encouragement  activities. The Student Tally  and the Parent Survey will be  used in the future to measure  increases in non‐motorized  transportation use.  2  Supplement  educational materials  and Suggested Routes  Map on school  websites. Complement  information at Back‐to‐ School night and other  parent/student events.  X        FHUSD  SRTS   Low  Medium  Near‐ Term   3  Educate the public on  activities that inhibit  students’ ability to  safely walk or bike to  school.   X        FHUSD  SRTS   Low  Medium  Near‐ Term   4  Host a Walk/Bike to  School Day that  includes a safety  assembly and organize  walk/bike to school  events.  X  X      FHUSD  N/A  Low  High  Near‐ Term   Currently there  are minimal  walking and  biking to school  for the students.  Through  education and  encouragement,  there is an  opportunity to  increase the  5  Develop a list of  interested parents,  staff, and volunteers to  assist with planning  and holding events,  such as, a Walking Bus,  Bicycle, Train, etc.  X  X      FHUSD  N/A  Low  High  Near‐ Term   Number of encouragement  activities. The Student Tally  and the Parent Survey will be  used in the future to measure  increases in non‐motorized  transportation use.  6  Implement and take  part in National Walk  and Bike to School  Days. On‐going.   X    FHUSD  N/A  Low  High  Near‐Term    Page 74 of 82  Table 7 – SRTS General Action Plan  Issue  Re c o m m e n d a t i o n   #   Recommended  Strategy/Task  Ed u c a t i o n   En c o u r a g e m e n t   En f o r c e m e n t   En g i n e e r i n g   Lead Potential  Funding Source  Implementation  Cost Impact Implementation  Timeframe Evaluation  percentage of  students walking  and biking. 7  Develop involvement‐ related contests and  events that encourage  and educate students  on walking and biking.  On‐going.   X    FHUSD N/A  Low  High  Near‐Term  8  Identify methods to  implement walking and  biking to school into  the existing curriculum.  (Phys. Ed) On‐going.  X        FHUSD  N/A  Low  High  Mid‐Term  9  Create a neighborhood  Walking School Bus  through the SRTS  Coalition and Parent  Champion Program.  X        FHUSD  N/A  Low  High  Mid‐Term  10  Conduct student tallies  and surveys to  determine the number  of participants walking  and biking to school.  Repeat annually.   X        FHUSD  SRTS   Low  Low  Mid‐Term  11  Survey parents to  measure the success of  SRTS implementation.  Repeat annually.   X        FHUSD  N/A  Low  Low  Mid‐Term  12  Update Suggested  Routes Map annually  on a need basis  determined by  infrastructure changes  and improvements.  Redistribute.   X  X      FHUSD SRTS   Low  High  Mid‐Term    Page 75 of 82  Table 7 – SRTS General Action Plan  Issue  Re c o m m e n d a t i o n   #   Recommended  Strategy/Task  Ed u c a t i o n   En c o u r a g e m e n t   En f o r c e m e n t   En g i n e e r i n g   Lead Potential  Funding Source  Implementation  Cost Impact Implementation  Timeframe Evaluation  13  Consult with the  Maricopa County  Sheriff’s Office for  instruction on safe  practices while  traveling to school by  foot or bike.   X        FHUSD  N/A  Low  High  Near‐Term  Many locations  within the  perimeter of each  school lack  crosswalks or are  low visibility.   14  Install high‐visibility  crosswalks at locations  identified in the SRTS  report.      X Town  TA/Town/Design  Assistance/GOHS Low  High  Near‐Term  Observe crosswalk locations  after the implementation of  high visibility crosswalks.   Drivers fail to  follow signs and  drop students in  preferred  locations. These  actions result in  increased queuing  and incite  potential hazards  to students.    15  Additional monitoring  of the drop‐off loop  during arrival and  dismissal times.       X    FHUSD  N/A  Low  High  Near‐Term  Interviews with respective  teachers or cross guards  before and after  implementation.   Although the  majority of  sidewalks and  ramps within the  surrounding areas  of each school are  in good condition,  some locations  require attention.   16  Redo/replace/cleanup  sidewalk areas and  ramps in regard to  what is covered within  this study while noting  for ADA compliance.     X Town TA/Town/Design  Assistance/GOHS High  High  Mid‐Term  Observe sidewalks and ramps  that were identified by the  SRTS Report after the  sidewalks have received the  required attention.   Lack of sidewalks  in the Town and 17 Install necessary  sidewalks and ramps    X Town TA/Town/Design  Assistance/GOHS High  High  Long‐Term  Observe ramps and sidewalks  outline within the SRTS Report    Page 76 of 82  Table 7 – SRTS General Action Plan  Issue  Re c o m m e n d a t i o n   #   Recommended  Strategy/Task  Ed u c a t i o n   En c o u r a g e m e n t   En f o r c e m e n t   En g i n e e r i n g   Lead Potential  Funding Source  Implementation  Cost Impact Implementation  Timeframe Evaluation  vicinity of each  school.   outlined within the  SRTS Report.    after implementation. The  tallies and surveys will be  used in the future to measure  increases in non‐motorized  transportation use.        Page 77 of 82  Table 8 – McDowell Mountain Elementary School SRTS Action Plan  Issue  Re c o m m e n d a t i o n   #   Recommended  Strategy/Task  Ed u c a t i o n   En c o u r a g e m e n t   En f o r c e m e n t   En g i n e e r i n g   Lead Potential  Funding Source  Implementation  Cost Impact Implementation  Timeframe Evaluation  Parents and drivers  speed within the  perimeter of the  school and avoid  traffic calming  measures.  1  Extend the current traffic  calming measures (speed  bumps) or install new  measures as illustrated in the  SRTS report. Ideally, the  current calming measures  would be removed.     X  FHUSD  TA/Town/Design  Assistance/GOHS High  High  Medium‐Term  Observe driver  behavior after  the  implementation  of new or  updated  calming  measures.  High traffic speeds  along the streets  bordering the  school.  2 Police presence during peak  hours.      X    Town/FHUSD  N/A  Low  Medium  Long‐Term  Observe driver  behavior and  response with  active  enforcement.   Current “No Turn”  signage is unclear  and inhibits driver  ability.   3  Remove signage if deemed  unnecessary and replace, if  needed. Implement new  driver route based on  decreased enrollment.       X  FHUSD  TA/Town/Design  Assistance/GOHS Low  High  Near‐Term  Interviews with  respective  teachers or  cross guards  before and after  implementation.   The current walking  route requires  crossing traffic lanes  and is marked with  low‐visibility.   4  Restripe preferred walking  route as outlined in the  recommendations section of  the SRTS report.     X  FHUSD  TA/Town/Design  Assistance/GOHS Low  High  Near‐Term  Observe  behavior and  response to new  pavement  marking. Adjust  if necessary.    Page 78 of 82  Table 9 – Fountain Hills Middle School SRTS Action Plan  Issue  Re c o m m e n d a t i o n   #   Recommended Strategy/Task  Ed u c a t i o n   En c o u r a g e m e n t   En f o r c e m e n t   En g i n e e r i n g   Lead Potential  Funding Source  Implementation  Cost Impact Implementation  Timeframe Evaluation  A major street cross is  Fountain Hills  Boulevard at  Glenbrook Boulevard.  This crossing is  currently marked  yellow and is of the  high visibility “ladder”  form. Signage is  expected yet not  always implemented.  1  Consider installation of a HAWK  beacon signal to make it easier  and safer for students to cross  Fountain Hills Boulevard (if  warranted).     X Town TA/Town/Design  Assistance/GOHS High  High  Long‐Term  Observe HAWK  signal, driver  and pedestrian  behavior after  implementation.   Parents and other  drivers at times  disregard or fail to  conform to rules  associated with  crosswalks along  Fountain Hills  Boulevard.  2  Fountain Hills Middle School be  restriped if deemed low visibility.  Roll out signage should be in  place whenever crosswalk use is  expected.       X FHUSD/  Town  TA/Town/Design  Assistance/GOHS Low  High  Near‐Term  Interviews with  respective  teachers or cross  guards before  and after  implementation.   The current walking  route requires  crossing traffic lanes  and is marked with  low‐visibility.   3  Restripe preferred walking route  as outlined in the  recommendations section of the  SRTS report. Path should lead to  in place sidewalks and limit  opportunities for conflicts.     X FHUSD TA/Town/Design  Assistance/GOHS Low  High  Near‐Term  Observe  behavior and  response to new  pavement  marking. Adjust  if necessary.    See FUNDING SOURCES AND OPPORTUNITIES for more detailed information about potential funding mechanisms.         Page 79 of 82  Priority Locations for Installation of Sidewalk Segments  As shown in Figure 7 and Figure 13, there are several locations lacking sidewalks. As of June 2021, the Town of Fountain  Hills issued an Active Transportation Plan in which priority locations for new sidewalks had been identified for their 5‐ year, 10‐year and longer‐term plans. The Fountain Hills Active Transportation Plan includes the introduction of new  urban trail‐designated routes.     The recommended locations for sidewalk installation provided in Figure 17 and Figure 20 align with that of the Town of  Fountain Hills sidewalk infill project. Priority locations should facilitate the routes outlined in the WALKING AND BIKING  SUGGESTED ROUTES MAP section of this report. The Town may consider adjusting the priority installations of sidewalk  segments in accordance with the proposed walking and biking routes in Figure 22 and Error! Reference source not  found.. The sidewalk infill project is illustrated in Figure 23.            Page 80 of 82  Figure 23 – Town of Fountain Hills Sidewalk Infill Project        Page 81 of 82  FUNDING SOURCES AND OPPORTUNITIES  The following is a list of potential funding sources that the schools, school district, or the Town may consider pursing to  implement the strategies identified in the Action Plan. While some strategies do not necessarily require funding to  implement (i.e., education, encouragement, and enforcement strategies), other strategies may require extensive  funding and partnerships to implement.    Arizona Governor’s Office of Highway Safety (GOHS)  The Arizona GOHS administers Federal funds to state, local and nonprofit organizations to implement programs and  projects that address safety issues on Arizona’s roadways. There are eight categories for grant programs funded by  GOHS; of those eight, two of them may be relevant for SRTS:     Pedestrian and Bicycle Safety (PS). GOHS funds traffic safety programs such as bicycle rodeos for schools or  other programs that are designed to increase safety awareness and skills among pedestrians and bicyclists.  There is also funding for bicycle helmets and helmet fittings for children in need. Programs funded in this  category are required to include both education and enforcement elements to increase safety awareness and  address driver behavior.   Police Traffic Services/Speed Control (PTS). Focuses on enforcing and encouraging compliance with seat belt use,  speed limit, aggressive/reckless driving and other traffic laws. The grant funding can be used to pay overtime for  officers and/or equipment (speed measuring devices, computers, motorcycles) to conduct enhanced  enforcement for a particular issue. Examples of funded equipment include motorcycles, radar and laser speed  measuring devices, visible speed display radar trailers, and computers. Applying for a GOHS grant begins with  submission of a proposal and signed cover letter. Grant applications are available for download in PDF format on  the GOHS website. More information can be found at https://azgohs.gov/grant‐opportunities/.    MAG Design Assistance Program  The MAG Design Assistance Program was initiated to encourage the development of pedestrian and bike facilities and  stimulate integration of facilities into the planning and design of all types of projects. Projects using design assistance  funds focus on developing preliminary scoping documents for a bike and/or pedestrian facility project. Types of projects  that are eligible for Design Assistance funding include: projects that facilitate safe crossings and access to  bike/pedestrian facilities, bike and pedestrian access to transit, and bike and pedestrian facility construction and  improvements (sidewalk improvements, bike lanes and shoulders, safety improvements, and signing, marking and  wayfinding).    A request for projects for Design Assistance funding is released by MAG in May each year.    Transportation Alternatives (TA) Funding  The Town, as a MAG member agency, is eligible for TA funding that can be utilized to support SRTS projects. The funds  can be utilized for infrastructure improvements that promote and encourage walking and biking to school as well as for  non‐infrastructure needs such as educational materials, trainings, data gathering and analysis, SRTS program support  and others. The call for projects for TA funding occurs each August in conjunction with the Transportation Improvement  Program (TIP) Modal programming process.     Additional information can be found at: https://azmag.gov/Committees/Technical‐Committees‐A‐O/Active‐ Transportation‐Committee      Page 82 of 82  MAG Non‐Infrastructure SRTS/Support Activity Projects  MAG also sets‐aside funding for qualifying SRTS projects that would only involve non‐infrastructure projects. These  projects would include “Support Activity Projects” that are specific activities with the goal of encouragement, education,  enforcement and evaluation activities. Examples include yellow school crossing roll‐out signs, crossing guard safety  apparel, modest volunteer incentives for encouragement activities, bike helmets, and agency police staff overtime to  assist with SRTS activities, among others.    More information is available at: https://azmag.gov/Programs/Transportation/Safety‐Programs/Safe‐Routes‐to‐School‐ SRTS    Centers for Disease Control and Prevention (CDC) Grant  The CDC’s Office of Financial Resources awards and administers grants and cooperative agreements to state and local  governments, domestic non‐profits/educational institutions, and domestic for‐profit groups with projects that support  the mission of promoting health and quality of life by preventing and controlling disease, injury, and disability. Grants  and cooperative agreements provide the means to transfer money, technical assistance, and expertise to partners in  exchange for their contributions to federal public health goals and objectives.    More information is available at: https://www.cdc.gov/grants/index.html                                                                          APPENDIX A  Stakeholder Kickoff Meeting Materials and Summary AGENDA Safe Routes to School Study For McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills High School In the Town of Fountain Hills MAG Task Order No. 0600-0180-23-E001-0938-0I.SR2302/0I.SR2303 Subject: SRTS Study Kick-Off Meeting Location: Fountain Hills Middle School Office Conference Room 15414 E McDowell Mountain Rd Fountain Hills, AZ 85268 Date/Time: Friday, February 17, 2023, 8:30 A.M. 1. Introductions Justin Weldy, Town of Fountain Hills 2. Purpose of the Study Dana Biscan, Burgess & Niple 3. SRTS – What it is and why it is important Dana Biscan 4. Roles and Responsibilities Mohammad Shaheed, MAG Project Manager 5. Key Action Items and Events Dana Biscan • Data Collection • Surveys • Existing Information (see attachment) • Observations • Walking/biking Assessment • Neighborhood Meeting • Document Review • Comment Resolution Meeting 6. Stakeholder Discussion Principal, School Staff, District Staff, Parents, COA 7. Next Steps Dana Biscan 8. Questions All Stakeholders Group Contact Information Safe Routes to School Study For McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills High School In the Town of Fountain Hills Town of Fountain Hills • Justin Weldy, Public Works Director, Stakeholder Team Leader • Rank, Name, Police Department • David Janover, Town Engineer • Andy Whisler, Assistant Town Engineer School District • Dr. Cain Jagodzisnki, Superintendent • Kris Alexander, Executive Director of Student Services McDowell Mountain Elementary School • Kevin Wilkinson, Principal • Crossing Guard • Parents Fountain Hills Middle School • Dr. Kim Weeldreyer, Principal • Crossing Guard • Parents Fountain Hills High School • Chris Hartmann, Principal • Crossing Guard • Parents Maricopa Association of Governments (MAG) • Mohammad Shaheed, PE, Transportation Engineer, mshaheed@azmag.gov, 602-452-6300 MAG Consultant: Burgess & Niple • Dana Biscan, PE Attachment Task 5a: Compile Existing Information Safe Routes to School Study For McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills High School In the Town of Fountain Hills • Existing School policies and programs related to SRTS (School) • School site plans (District) • School arrival and dismissal times (School, District) • Locations of building entrances and exits (School) for; pick-up and drop-off, students walking, and students biking (bike rack locations) • Walking/Bicycling boundaries (District, School) • Number of buses picking up or dropping off students and locations of loading/unloading zones • Number, locations, and duration of school crossing guards (School) • Existing School Crossing Agreement (City/Town Traffic Engineer, School District) • Established parking regulations and pick-up/drop-off procedures (City/Town, School Administration) • Pedestrian/vehicle and bicycle/vehicle crash data, if available (City/Town) Safe Routes to School (SRTS) Study Purpose of the SRTS Study The purpose of this study is to develop a plan to improve and  support walking and biking opportunities to and from Fountain Hills Unified School District McDowell Mountain Elementary School. Ultimately the study will provide: •Map of preferred walking and biking routes •Complete assessment of existing issues and barriers to walking and biking •Recommendations for sidewalk and bicycle improvements •Review of school zone related traffic control treatments •Review of arrival and dismissal activities Goals of the SRTS Study Increase and Number of Students  Walking and Biking  Identify Effective Solutions to  Enhance Safety for Students to Walk  and Bike Create an Action Plan of  Improvements Combat Childhood Obesity and  Public Health Issues Engage and Educate the Community Why is SRTS is Important? SRTS is not just about getting kids to and from school safety. SRTS programs can bring a wide range of benefits to  students and the community. PHYSICAL INACTIVITY Adolescents that participant in  physical activity 4 times a week are  48% less like to be overweight as  adults.  DECLINE IN WALKING AND BIKING  TO SCHOOL 48% 1969 13% 2009 *The National Center for Safe Routes to School.; American Public Health Association; Maricopa County 2017 CCHNA: Community Health Status Report CHILDHOOD OBESITY Since 1980, obesity rates for  adolescents and school‐aged  children have tripled. VEHICLE CONGESTION 10‐14% of morning rush‐hour  traffic is attributed to families  driving their children to school. Everyone Benefits Children •Increased physical activity and cardiovascular health •Arrive alert and able to focus on school •Are less likely to suffer from depression and anxiety •Get most of the 60 minutes of daily activity recommendations Neighborhoods •Decrease in vehicular usage and traffic congestion •Increased physical activity for the whole family •Increases the sense of community Schools •Students show‐up “ready to learn” •Increased efficiency and safety during pick‐ up and drop‐off times Key Strategies – Six E’s Roles and Responsibilities ENGINEERING Physical projects that are built to improve walking and bicycling  conditions Examples: crosswalks, curb extensions, and signage EDUCATION Programs designed to teach children about traffic safety, bicycle and  pedestrian skills, and traffic decision‐making Examples: school programs, assemblies, campaign programs, posters ENCOURAGEMENT Events, clubs, and activities that encourage more walking, bicycling, or  carpooling through fun activities and incentives. Examples: Bike/Walk to School Day, walking clubs, community events ENFORCEMENT Law enforcement strategies aimed at improving driver behavior near  schools and ensuring safe roads for all users. Examples: crossing guards, speed enforcement, safety patrols EVALUATION Assessing the needs of the school, developing short‐ and long‐term  solutions, and developing methods to monitor SRTS outcomes and  trends Examples: survey, focus groups, assessments EQUITY Ensure that safe, active, and healthy opportunities are addressed to  benefit all people regardless of ability, race, age, gender, ethnicity, and  socioeconomic status. Your Role as the Stakeholder Team •Provide leadership •Serve as a champion for SRTS in the community •Provide guidance and feedback •Support the development of the SRTS through data collection, attending events/meetings, etc. •Review documents for Fountain Hills Unified School District - McDowell Mountain Elementary School Study Process, Key Events, and Schedule PROJECT KICK‐OFF MEETING Introduce the Study to the  Stakeholder Team February 16, 2023 DATA COLLECTION Traffic Counts March 2023 STUDY AREA INVENTORY Preliminary Inventory of Existing Conditions February - March 2023 SURVEYS AND SRTS TOOLS Parent Survey, Student Survey March ‐ April 2023 PICK‐UP/DROP‐OFF OBSERVATIONS March - April 2023 SCHOOL COMMUNITY NEWS LETTER SRTS Team submits a newsletter containing the project  description, background, purpose, and observations. May - June 2023 WALKING/BIKING ASSESSMENT Four Teams  Conduct an Audit to Identify Walking  and Biking Concerns April 2023 DRAFT STUDY REPORT AND  WALKING/BIKING MAPS May 2023 DRAFT STUDY DOCUMENT REVIEW June 2023 FINAL SRTS DOCUMENT June 2023 Discussion •Transportation To/From School •Arrival and Dismissal Activities •Drop‐Off Locations •Traffic Congestion Problems •Safety Issues •Parking Areas and Restrictions •Current Obstacles/Barriers Safe Routes to School (SRTS) Study for Fountain Hills Unified School District - McDowell Mountain Elementary School Study Count Location• Hampstead Dr & Glendora Dr • Hampstead Dr & Balsam Dr • Fayette Dr & Carmel Dr • Fayette Dr & Greenhurst Ave Safe Routes to School (SRTS) Study Purpose of the SRTS Study The purpose of this study is to develop a plan to improve and  support walking and biking opportunities to and from Fountain Hills Unified School District Fountain Hills Middle School.  Ultimately the study will provide: •Map of preferred walking and biking routes •Complete assessment of existing issues and barriers to walking and biking •Recommendations for sidewalk and bicycle improvements •Review of school zone related traffic control treatments •Review of arrival and dismissal activities Goals of the SRTS Study Increase and Number of Students  Walking and Biking  Identify Effective Solutions to  Enhance Safety for Students to Walk  and Bike Create an Action Plan of  Improvements Combat Childhood Obesity and  Public Health Issues Engage and Educate the Community Why is SRTS is Important? SRTS is not just about getting kids to and from school safety. SRTS programs can bring a wide range of benefits to  students and the community. PHYSICAL INACTIVITY Adolescents that participant in  physical activity 4 times a week are  48% less like to be overweight as  adults.  DECLINE IN WALKING AND BIKING  TO SCHOOL 48% 1969 13% 2009 *The National Center for Safe Routes to School.; American Public Health Association; Maricopa County 2017 CCHNA: Community Health Status Report CHILDHOOD OBESITY Since 1980, obesity rates for  adolescents and school‐aged  children have tripled. VEHICLE CONGESTION 10‐14% of morning rush‐hour  traffic is attributed to families  driving their children to school. Everyone Benefits Children •Increased physical activity and cardiovascular health •Arrive alert and able to focus on school •Are less likely to suffer from depression and anxiety •Get most of the 60 minutes of daily activity recommendations Neighborhoods •Decrease in vehicular usage and traffic congestion •Increased physical activity for the whole family •Increases the sense of community Schools •Students show‐up “ready to learn” •Increased efficiency and safety during pick‐ up and drop‐off times Key Strategies – Six E’s Roles and Responsibilities ENGINEERING Physical projects that are built to improve walking and bicycling  conditions Examples: crosswalks, curb extensions, and signage EDUCATION Programs designed to teach children about traffic safety, bicycle and  pedestrian skills, and traffic decision‐making Examples: school programs, assemblies, campaign programs, posters ENCOURAGEMENT Events, clubs, and activities that encourage more walking, bicycling, or  carpooling through fun activities and incentives. Examples: Bike/Walk to School Day, walking clubs, community events ENFORCEMENT Law enforcement strategies aimed at improving driver behavior near  schools and ensuring safe roads for all users. Examples: crossing guards, speed enforcement, safety patrols EVALUATION Assessing the needs of the school, developing short‐ and long‐term  solutions, and developing methods to monitor SRTS outcomes and  trends Examples: survey, focus groups, assessments EQUITY Ensure that safe, active, and healthy opportunities are addressed to  benefit all people regardless of ability, race, age, gender, ethnicity, and  socioeconomic status. Your Role as the Stakeholder Team •Provide leadership •Serve as a champion for SRTS in the community •Provide guidance and feedback •Support the development of the SRTS through data collection, attending events/meetings, etc. •Review documents for Fountain Hills Unified School District - Fountain Hills Middle School Study Process, Key Events, and Schedule PROJECT KICK‐OFF MEETING Introduce the Study to the  Stakeholder Team February 16, 2023 DATA COLLECTION Traffic Counts March 2023 STUDY AREA INVENTORY Preliminary Inventory of Existing Conditions February - March 2023 SURVEYS AND SRTS TOOLS Parent Survey, Student Survey March ‐ April 2023 PICK‐UP/DROP‐OFF OBSERVATIONS March - April 2023 SCHOOL COMMUNITY NEWS LETTER SRTS Team submits a newsletter containing the project  description, background, purpose, and observations. May - June 2023 WALKING/BIKING ASSESSMENT Four Teams  Conduct an Audit to Identify Walking  and Biking Concerns April 2023 DRAFT STUDY REPORT AND  WALKING/BIKING MAPS May 2023 DRAFT STUDY DOCUMENT REVIEW June 2023 FINAL SRTS DOCUMENT June 2023 Discussion •Transportation To/From School •Arrival and Dismissal Activities •Drop‐Off Locations •Traffic Congestion Problems •Safety Issues •Parking Areas and Restrictions •Current Obstacles/Barriers Safe Routes to School (SRTS) Study for Fountain Hills Unified School District - Fountain Hills Middle School Study Count Location• Fountain Hills Blvd & Glenbrook Blvd •Fountain Hills Blvd & South School Ingress/Egress • Fountain Hills Blvd & North School Ingress/Egress SUMMARY Safe Routes to School Study For McDowell Mountain Elementary School Fountain Hills Middle School Fountain Hills High School In the Town of Fountain Hills MAG Task Order No. 0600-0180-23-E001-0938-0I.SR2302/0I.SR2303 Subject: SRTS Study Kick-Off Meeting Location: Fountain Hills Middle School Office Conference Room 15414 E McDowell Mountain Rd Fountain Hills, AZ 85268 Date/Time: Friday, February 17, 2023, 8:30 A.M. Attendees: Mohammad Shaheed, Maricopa Association of Governments (MAG) David Janover, Town of Fountain Hills (Town) Justin Weldy, Town of Fountain Hills Kris Alexander, Fountain Hills School District Dr. Cain Jagodzisnki, Fountain Hills School District Dr. Kim Weeldreyer, Fountain Hills Middle School Chris Hartmann, Fountain Hills High School Phil Asiedu, Maricopa County Sheriff’s Office Amber Hampton, Maricopa County Sheriff’s Office Dana Biscan, Burgess & Niple (B&N) Brooke Logan, B&N 1. Introductions Justin Weldy, Town of Fountain Hills, welcomed attendees to the meeting and introductions followed. 2. Purpose of the Study Dana Biscan, B&N, explained the purpose of the SRTS studies. The study will proactively identify solutions to improve school traffic flow and safety, while encouraging walking and biking to school. 3. SRTS – What it is and why it is important Ms. Biscan described what SRTS are and why they are important. Details are included in the attachment that was distributed. 4. Roles and Responsibilities Mohammad Shaheed, MAG, explained the roles and responsibilities of the project team. The project will require stakeholder coordination throughout the duration of the project. 5. Key Action Items and Events Ms. Biscan discussed the key action items to occur as part of the study: • Data Collection o Vehicle, bicycle, and pedestrian traffic counts will be conducted at various intersections near the schools. Count locations are attached. Attendees concurred with their appropriateness. • Surveys o Two surveys will be conducted: one parent survey and one student survey. The parent survey will be electronic with a link provided for the survey in English and Spanish. Paper copies will be available at the front office. The student survey is paper copy only and will be conducted by teachers. Survey delivery and parent notice can be coordinated with Krista Andreae. • Existing Information (see attachment) o This data is to be provided to B&N by the Town and the schools. Krista Andreae is the contact person for obtaining the data from the schools. o The Town will provide available crash data. • Observations and Walking/biking Assessment o Drop-off/pick-up observations and assessment dates will be scheduled. It was requested that a copy of the checklist used for the assessment be sent to Chris Hartmann. • School Newsletter o A newsletter will be developed including a brief summary of the surveys and on-site data collection. The schools send outreach emails to parents every Friday. Parents must be notified before counts or field observations commence. • Document Review • Comment Resolution Meeting 6. Stakeholder Discussion It was noted that the school sites will change next school year (2023-2024). The schools will be updated as follows: • McDowell Mountain Elementary School – Preschool (5 years old and younger) • Fountain Hills Middle School – Grades K-5 • Fountain Hills High School – Grades 6-12 The McDowell Mountain Elementary School site will have limited staff. Queues extending onto narrow Fayette Drive are experienced. Drivers crossing the double yellow striping have been observed. Changing the drop-off/pick-up from the roundabout to the longer loop may reduce queuing on Layette Drive. The school can work with the Town to construct interim signing and striping for this adjustment. Changing the exit driveway to right-in, right-out only may improve traffic flow. Private property south of Fountain Hills Middle School is commonly utilized as a drop-off/pick-up location. Students then walk across the parking lot to/from school. Once on campus, they traverse a high conflict location. The left-turn queue to enter the school extends past Glenbrook Drive along Fountain Hills Boulevard, within the crosswalk. Traffic entering the school zone from the north leg of McDowell Mountain Road travels at high speeds. Traffic calming measures such as rumble strips or improved school zone signing could be considered approaching from east. Vegetation has been removed to improve visibility around the curve. It is anticipated that walking traffic will decrease when the site becomes an elementary school. Rerouting school site circulation was discussed, with parents circling around the baseball fields. This would move queuing onsite and mitigate the conflict point. There was also discussion related to relocating the crosswalk closer to the school driveway. Drivers have been observed failing to yield to pedestrians in the crosswalk on numerous occasions. The middle school will be located on the Golden Eagle Boulevard side of the Fountain Hills High School site next school year. The entrance for the buses and disabled children is located next to the tennis courts. There is queuing due to the pickleball courts, though play on the courts will be prohibited during drop off/pick up next year. It was noted that a flashing crossing beacon is present at the Palisades Boulevard and Hampstead Drive intersection because it is minor street stop controlled. Through traffic along Palisades Boulevard does not stop. A flashing crossing beacon is not present at the Palisades Boulevard and Golden Eagle Boulevard intersection because traffic is required to stop at all approaches. 7. Next Steps Dates for on-site data collection and observations will be scheduled, one day per school (three days in total). Parents will be notified via the weekly newsletter that the study team will be on site collecting traffic count data, observing pick-up/drop-off activities, and conducting walking/biking assessments. Mr. Shaheed will provide the parent and student surveys and parent notification template to B&N. The survey notification will be sent to the contact person provided, Krista Andreae, to be included in the weekly newsletter. The walking/biking assessment checklist will be sent to Chris Hartmann prior to initial day of data collection. Contact Information: Krista Andreae - kandreae@fhacademics.org Chris Hartmann - chartmann@fhacademics.org 8. Questions Questions were addressed during stakeholder discussion.                                                                           APPENDIX B  Traffic Conditions      Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound Southbound 1 Location:Carmel Drive Eastbound 1 and Fayette Drive Westbound 1 Intersection Configuration: Unsignalized #### 7 0 6 7 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 11 0 0 0 13 6 8:00 AM 0 0 0 0 0 3 0 2 0 0 0 5 0 0 0 0 12 0 0 0 22 124 117 8:15 AM 0 0 0 0 0 0 0 3 0 0 1 2 0 1 0 0 46 4 0 0 56 1 0 8:30 AM 0 0 0 0 0 2 0 1 0 0 0 7 0 0 0 0 47 1 0 0 58 149 18 24 8:45 AM 0 0 0 0 0 1 0 1 1 0 0 4 0 0 0 0 12 1 0 0 19 155 0 9:00 AM 0 0 0 0 0 2 0 5 0 0 1 4 0 1 0 0 6 2 0 0 20 153 N 9:15 AM 0 0 0 0 0 2 0 0 0 0 0 1 0 0 0 0 6 0 0 0 9 106 0 0 0 0 9:30 AM 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 2 0 0 0 6 54 Peak Hour Total 0 0 0 0 0 6 0 7 1 0 1 18 0 1 0 0 117 6 0 0 155 #### 6 0 5 9 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 2:00 PM 0 0 0 0 0 2 0 0 0 0 1 1 0 0 0 0 4 1 0 0 9 7 2:15 PM 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 1 0 0 6 100 94 2:30 PM 0 0 0 0 0 0 0 0 0 0 2 7 0 0 0 0 7 2 0 0 18 2 0 2:45 PM 0 0 0 0 0 0 0 0 0 0 1 7 0 0 0 0 17 2 0 0 27 60 32 37 3:00 PM 0 0 0 0 0 2 0 2 0 0 0 10 0 0 0 0 26 0 0 0 40 91 0 3:15 PM 0 0 0 0 0 2 0 2 0 0 0 9 0 0 0 0 39 5 0 0 57 142 N 3:30 PM 0 0 0 0 0 1 0 2 0 0 1 6 0 2 0 0 12 0 0 0 22 146 0 0 0 0 3:45 PM 0 0 0 0 0 0 0 3 0 0 1 6 0 0 0 0 9 1 0 0 20 139 Peak Hour Total 0 0 0 0 0 5 0 6 0 0 2 32 0 2 0 0 94 7 0 0 146 25 25 Carmel Drive Fayette Drive Fayette Drive West CrosswalkEastbound Carmel Drive Fayette Drive 34 146 155 101 11 2:45 PM 0 0 Carmel Drive Carmel Drive Fayette Drive Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 25 Project No:TC23020 Peak Hour8:00 AM Peak HourTotal Total 19 13 123 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 Southbound 1 Location:Greenhurst Avenue Eastbound 1 and Fayette Drive Westbound 1 Intersection Configuration: Unsignalized #### 14 4 5 12 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 7:45 AM 0 0 0 0 0 2 1 1 0 0 1 3 0 0 0 1 10 0 0 0 19 2 8:00 AM 0 1 1 0 0 0 2 0 0 0 0 12 0 0 0 0 12 1 0 0 29 115 99 8:15 AM 0 0 0 0 0 1 2 11 0 0 4 30 4 0 0 0 44 0 0 0 96 8 1 8:30 AM 1 0 0 0 0 1 0 2 0 0 2 60 4 0 0 0 31 1 0 0 102 246 113 119 8:45 AM 1 1 0 1 0 3 0 1 0 0 2 11 1 0 0 1 12 0 0 0 33 260 9 9:00 AM 0 0 0 0 0 1 0 0 0 0 1 7 1 0 0 0 9 2 3 0 21 252 N 9:15 AM 0 0 0 0 0 2 0 0 0 0 0 8 0 0 0 1 3 0 0 0 14 170 14 2 2 1 9:30 AM 0 2 0 1 0 3 0 1 0 0 1 5 0 0 0 0 2 1 0 0 15 83 Peak Hour Total 2 2 1 1 0 5 4 14 0 0 8 113 9 0 0 1 99 2 0 0 260 #### 17 6 5 19 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 2:00 PM 0 1 0 1 0 0 0 0 0 0 0 3 1 0 0 0 3 0 0 0 8 3 2:15 PM 0 2 3 1 0 0 1 0 0 0 2 6 0 0 0 1 3 2 0 0 20 99 81 2:30 PM 0 0 1 0 0 0 1 3 1 0 1 3 0 0 0 1 7 2 0 0 19 12 2 2:45 PM 1 0 0 0 0 1 3 4 0 0 1 8 0 0 0 0 23 1 0 0 42 89 110 116 3:00 PM 0 2 0 0 0 2 0 2 0 0 3 15 2 1 0 2 23 0 0 0 51 132 11 3:15 PM 0 0 1 0 0 0 3 11 0 0 6 77 9 0 0 0 25 0 0 0 132 244 N 3:30 PM 0 2 0 0 0 2 0 0 0 0 2 10 0 0 0 0 10 2 0 0 28 253 19 1 4 1 3:45 PM 0 0 3 0 0 1 0 1 0 0 3 7 0 0 0 0 2 2 0 0 19 230 Peak Hour Total 1 4 1 0 0 5 6 17 0 0 12 110 11 1 0 2 81 3 0 0 253 Peak Hour8:00 AM Peak HourTotal Total 130 23 102 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 25 25 Project No:TC23020 6 Greenhurst Avenue Greenhurst Avenue Fayette Drive Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 133 253 260 86 28 2:45 PM 5 25 25 Greenhurst Avenue Fayette Drive Fayette Drive West CrosswalkEastbound Greenhurst Avenue Fayette Drive Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound Southbound 1 Location:Balsam Drive Eastbound 1 and Hampstead Drive Westbound 1 Intersection Configuration: Unsignalized #### 9 4 1 5 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 7:45 AM 0 0 0 0 0 0 1 0 0 0 0 2 7 0 0 8 3 0 0 0 21 1 8:00 AM 1 0 0 0 0 1 0 5 0 0 2 4 13 0 0 9 5 0 0 0 40 42 32 8:15 AM 0 0 0 0 2 0 0 3 0 0 1 3 25 0 0 43 6 0 0 0 81 4 89 8:30 AM 0 0 0 0 4 0 3 1 0 0 1 7 21 0 3 29 18 1 0 0 81 223 16 17 8:45 AM 0 0 0 0 1 0 0 1 0 1 0 4 2 0 1 9 4 0 0 0 20 222 66 9:00 AM 0 0 0 0 8 1 0 1 0 0 1 4 2 0 0 3 8 0 0 0 20 202 N 9:15 AM 0 0 0 0 0 0 0 1 0 0 1 1 3 0 0 0 5 1 0 0 12 133 159 1 0 0 9:30 AM 0 0 0 0 1 1 0 1 0 0 0 3 0 0 0 2 0 0 0 0 7 59 Peak Hour Total 1 0 0 0 6 1 4 9 0 0 4 16 66 0 3 89 32 1 0 0 223 #### 9 2 3 13 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 2:00 PM 0 0 0 0 0 1 0 2 0 0 5 1 1 0 0 0 4 0 0 0 14 9 2:15 PM 0 0 0 0 0 0 0 2 0 0 2 5 1 0 0 0 0 0 0 1 10 46 37 2:30 PM 0 0 0 0 0 1 0 4 0 0 2 8 2 0 0 2 3 2 0 0 24 4 54 2:45 PM 0 0 0 0 0 0 2 3 0 0 1 8 13 0 0 13 4 0 0 0 44 92 31 34 3:00 PM 0 0 0 0 0 0 0 2 0 0 0 10 19 0 4 16 8 4 0 0 59 137 49 3:15 PM 0 0 0 0 1 2 0 2 0 0 1 7 14 0 0 22 16 3 0 0 67 194 N 3:30 PM 0 0 0 0 1 1 0 2 0 0 2 6 3 0 2 3 9 2 0 0 28 198 105 0 0 0 3:45 PM 0 0 0 0 0 1 0 2 0 0 0 6 1 0 0 0 12 0 0 0 22 176 Peak Hour Total 0 0 0 0 2 3 2 9 0 0 4 31 49 0 6 54 37 9 0 0 198 Peak Hour7:45 AM Peak HourTotal Total 86 14 122 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 25 Project No:TC23020 0 Balsam Drive Balsam Drive Hampstead Drive Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 84 198 223 100 14 2:45 PM 1 25 25 Balsam Drive Hampstead Drive Hampstead Drive West CrosswalkEastbound Balsam Drive Hampstead Drive Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 Southbound 1 Location:Hampstead Drive Eastbound 1 and Glendora Drive Westbound Intersection Configuration: Unsignalized #### 0 41 0 83 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 7:45 AM 4 9 0 0 0 0 3 0 0 0 0 0 3 0 0 0 0 0 0 0 19 0 8:00 AM 2 17 0 0 0 0 10 0 0 0 1 0 5 0 0 0 0 0 0 0 35 11 0 8:15 AM 2 27 0 0 0 0 9 0 0 0 1 0 6 1 0 0 0 0 0 0 45 3 0 8:30 AM 3 27 0 0 0 0 19 0 0 0 1 0 2 0 0 0 0 0 0 0 52 151 0 0 8:45 AM 0 4 0 0 0 0 5 0 0 0 1 0 3 0 0 0 0 0 0 0 13 145 16 9:00 AM 1 8 0 0 0 0 8 0 0 0 0 0 2 0 0 0 0 0 0 0 19 129 N 9:15 AM 1 5 0 0 0 0 6 1 0 0 1 0 2 0 0 0 0 0 0 0 16 100 57 11 80 0 9:30 AM 2 1 0 1 0 0 1 0 0 0 0 0 3 0 0 0 0 0 0 0 7 55 Peak Hour Total 11 80 0 0 0 0 41 0 0 0 3 0 16 1 0 0 0 0 0 0 151 #### 4 41 0 83 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 2:00 PM 2 7 0 0 0 0 6 0 0 0 0 0 6 0 0 0 0 0 0 0 21 0 2:15 PM 5 7 0 0 0 0 1 1 0 0 1 0 5 0 0 0 0 0 0 0 20 25 0 2:30 PM 4 11 0 0 0 0 5 2 0 0 1 0 4 0 0 0 0 0 0 0 27 5 0 2:45 PM 5 21 0 0 0 0 7 0 0 0 1 0 1 1 0 0 0 0 0 0 35 103 0 0 3:00 PM 5 26 0 0 0 0 10 1 0 0 1 0 3 0 0 0 0 0 0 0 46 128 11 3:15 PM 7 20 0 0 0 0 19 1 2 0 2 0 3 2 0 0 0 0 0 0 52 160 N 3:30 PM 1 10 0 0 0 0 10 0 0 0 1 0 2 0 0 0 0 0 0 0 24 157 52 21 78 0 3:45 PM 3 8 0 0 0 0 14 1 0 0 0 0 2 0 0 0 0 0 0 0 28 150 Peak Hour Total 21 78 0 0 0 0 41 4 2 0 5 0 11 3 0 0 0 0 0 0 160 Peak Hour7:45 AM Peak HourTotal Total 19 41 0 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 25 25 Project No:TC23020 99 Hampstead Drive Hampstead Drive Glendora Drive Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 16 160 151 0 45 2:30 PM 91 25 Hampstead Drive Glendora Drive Glendora Drive West CrosswalkEastbound Hampstead Drive Glendora Drive Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 1 1 Southbound 1 1 1 Location:Fountain Hills Boulevard Eastbound 1 and Glenbrook Boulevard Westbound 1 Intersection Configuration: Unsignalized #### 19 303 2 329 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 7:30 AM 6 45 1 0 0 0 42 3 0 0 5 0 9 0 0 2 0 0 1 0 113 2 7:45 AM 7 30 3 0 0 0 37 2 0 0 8 1 8 0 0 4 2 0 0 0 102 42 2 8:00 AM 8 89 4 0 0 0 54 4 0 0 8 0 11 0 0 1 0 0 0 0 179 20 10 8:15 AM 4 126 2 0 0 1 131 11 1 0 6 0 8 0 0 3 0 2 1 0 294 688 4 17 8:30 AM 2 47 2 0 0 1 55 1 0 0 1 3 10 0 0 1 1 0 0 0 124 699 39 8:45 AM 7 45 3 0 0 0 63 3 0 0 5 1 10 0 0 5 1 0 0 0 143 740 N 9:00 AM 3 44 2 0 0 1 42 1 0 0 3 0 7 0 0 3 1 0 0 0 107 668 352 21 307 11 9:15 AM 7 50 1 0 0 1 67 2 0 0 0 1 2 0 0 3 0 0 0 0 134 508 Peak Hour Total 21 307 11 0 0 2 303 19 1 0 20 4 39 0 0 10 2 2 1 0 740 #### 14 296 4 286 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 2:00 PM 8 48 3 0 0 3 57 1 0 0 1 1 11 0 0 2 0 2 0 0 137 3 2:15 PM 7 53 1 0 0 2 54 1 0 0 0 0 2 0 0 1 0 0 0 0 121 71 2 2:30 PM 3 58 3 0 0 1 35 1 0 0 0 0 9 0 0 3 0 1 0 0 114 9 12 2:45 PM 9 62 6 0 0 2 53 2 0 0 4 0 3 0 0 2 0 2 0 0 145 517 2 21 3:00 PM 22 91 4 0 0 1 82 2 7 1 2 1 14 0 0 3 1 0 0 0 223 603 44 3:15 PM 12 79 3 0 0 1 102 9 13 0 3 0 14 0 0 3 1 1 5 1 228 710 N 3:30 PM 12 42 2 0 0 0 59 1 0 0 0 1 13 0 0 4 0 0 0 0 134 730 352 55 274 15 3:45 PM 8 44 3 0 0 0 40 2 0 0 0 1 13 0 0 0 2 0 1 0 113 698 Peak Hour Total 55 274 15 0 0 4 296 14 20 1 9 2 44 0 0 12 2 3 5 1 730 Peak Hour8:00 AM Peak HourTotal Total 63 324 14 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 35 35 Project No:TC23020 344 Fountain Hills Boulevard Fountain Hills Boulevard Glenbrook Boulevard Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 55 730 740 17 314 2:45 PM 339 25 35 Fountain Hills Boulevard Glenbrook Boulevard Glenbrook Boulevard West CrosswalkEastbound Fountain Hills Boulevard Glenbrook Boulevard Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 1 Southbound 1 Location:Fountain Hills Boulevard Eastbound and Northern Driveway Westbound Intersection Configuration: Unsignalized #### 3 185 0 191 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 7:30 AM 3 41 0 0 0 0 37 1 0 0 0 0 0 0 0 0 0 0 0 0 82 0 7:45 AM 0 31 0 0 0 0 37 0 0 0 0 0 0 0 0 0 0 0 0 0 68 112 0 8:00 AM 28 54 0 0 0 0 30 2 0 0 0 0 0 0 0 0 0 0 0 0 114 0 0 8:15 AM 73 47 0 0 0 0 48 1 0 0 0 0 0 0 0 0 0 0 0 0 169 433 0 0 8:30 AM 5 43 0 0 0 0 44 0 0 0 0 0 0 0 0 0 0 0 0 0 92 443 0 8:45 AM 3 47 0 0 0 0 63 0 0 0 0 0 0 0 0 0 0 0 0 0 113 488 N 9:00 AM 3 43 0 0 0 0 42 0 0 0 0 0 0 0 0 0 0 0 0 0 88 462 185 109 191 0 9:15 AM 2 48 0 0 0 0 69 0 0 0 0 0 0 0 0 0 0 0 0 0 119 412 Peak Hour Total 109 191 0 0 0 0 185 3 0 0 0 0 0 0 0 0 0 0 0 0 488 #### 1 189 0 211 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 2:00 PM 3 48 0 0 0 0 58 1 0 0 0 0 0 0 0 0 0 0 0 0 110 0 2:15 PM 1 53 0 0 0 0 51 0 0 0 0 0 0 0 0 0 0 0 0 0 105 46 0 2:30 PM 4 53 0 0 0 0 33 0 0 0 0 0 0 0 0 0 0 0 0 0 90 0 0 2:45 PM 14 43 0 0 0 0 55 1 0 0 0 0 0 0 0 0 0 0 0 0 113 418 0 0 3:00 PM 15 55 0 0 0 0 55 0 0 0 0 0 0 0 0 0 0 0 0 0 125 433 0 3:15 PM 12 60 0 0 0 0 46 0 0 0 0 0 0 0 0 0 0 0 0 0 118 446 N 3:30 PM 1 39 0 0 0 0 49 0 0 0 0 0 0 0 0 0 0 0 0 0 89 445 189 45 211 0 3:45 PM 0 41 0 0 0 0 38 0 0 0 0 0 0 0 0 0 0 0 0 0 79 411 Peak Hour Total 45 211 0 0 0 0 189 1 0 0 0 0 0 0 0 0 0 0 0 0 446 Fountain Hills Boulevard Northern Driveway Northern Driveway West CrosswalkEastbound Fountain Hills Boulevard Northern Driveway 0 446 488 0 190 2:30 PM 300 256 Fountain Hills Boulevard Fountain Hills Boulevard Northern Driveway Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 35 35 Project No:TC23020 Peak Hour8:00 AM Peak HourTotal Total 0 188 0 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Lt Lt\T Thru T/Rt Rt Lt/T/Rt Lt/Rt Northbound 1 1 Southbound 1 Location:Fountain Hills Boulevard Eastbound and Southern Driveway Westbound 1 1 Intersection Configuration: Unsignalized #### 1 184 0 300 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 7:30 AM 2 44 0 0 0 0 37 0 0 0 0 0 7 0 0 0 0 0 0 0 90 0 7:45 AM 6 31 0 0 0 0 37 0 0 0 0 0 2 0 0 0 0 0 0 0 76 40 0 8:00 AM 19 80 0 0 0 0 30 0 0 0 2 0 26 0 0 0 0 0 0 0 157 3 0 8:15 AM 18 119 0 0 0 0 47 1 0 0 1 0 96 0 0 0 0 0 0 0 282 605 0 0 8:30 AM 0 48 0 0 0 0 44 0 0 0 0 0 11 0 0 0 0 0 0 0 103 618 139 8:45 AM 2 50 0 0 0 0 63 0 0 0 0 0 6 0 0 0 0 0 0 0 121 663 N 9:00 AM 2 46 0 0 0 0 42 0 0 0 0 0 2 0 0 0 0 0 0 0 92 598 323 39 297 0 9:15 AM 0 50 0 0 0 0 68 1 0 0 0 0 3 0 0 0 0 0 0 0 122 438 Peak Hour Total 39 297 0 0 0 0 184 1 0 0 3 0 139 0 0 0 0 0 0 0 663 #### 1 204 0 239 Start Time Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes Left Thru Right Peds Bikes 2:00 PM 0 51 0 0 0 0 58 0 0 0 0 0 5 0 0 0 0 0 0 0 114 0 2:15 PM 1 54 0 0 0 0 51 0 0 0 0 0 5 0 0 0 0 0 0 0 111 51 0 2:30 PM 2 57 0 0 0 0 33 0 0 0 0 0 3 0 0 0 0 0 0 0 95 2 0 2:45 PM 14 57 0 0 0 0 55 0 0 0 0 0 1 0 0 0 0 0 0 0 127 447 0 0 3:00 PM 26 68 0 0 0 0 54 1 0 0 2 0 33 0 1 0 0 0 0 0 184 517 107 3:15 PM 8 72 0 0 0 0 46 0 0 0 0 0 65 0 0 0 0 0 0 0 191 597 N 3:30 PM 2 40 0 0 0 0 49 0 0 0 0 0 8 0 0 0 0 0 0 0 99 601 311 50 237 0 3:45 PM 1 41 0 0 0 0 38 0 0 0 0 0 2 0 0 0 0 0 0 0 82 556 Peak Hour Total 50 237 0 0 0 0 204 1 0 0 2 0 107 0 1 0 0 0 0 0 601 Peak Hour8:00 AM Peak HourTotal Total 142 185 0 North CrosswalkNorthboundSouth Crosswalk Southbound Westbound East Crosswalk East CrosswalkWestbound Turning Movement Count March 21, 2023 (Tuesday) Speed Limit 35 35 Project No:TC23020 287 Fountain Hills Boulevard Fountain Hills Boulevard Southern Driveway Eastbound West CrosswalkNorthboundSouth Crosswalk Southbound North Crosswalk 109 601 663 0 205 2:45 PM 336 10 Fountain Hills Boulevard Southern Driveway Southern Driveway West CrosswalkEastbound Fountain Hills Boulevard Southern Driveway                                                                           APPENDIX C  Community Outreach      Parent Survey about School Travel We want to learn your thoughts about children traveling to school. This survey will take about 5-10 minutes, and responses will be confidential. We will not ask for your name or your child's name. If applicable, please complete a separate survey for each of your children. Thank you for your time! 1. Please enter today's date (MM/DD/YYYY): _______________________________________________________ 2. What is the name of your child’s school? _________________________________________________________ Please check a response for each question below. Yes No Not Applicable 3. Does your school provide a bus for your child? 4. Do you have a car available to drive your child to school? 5. Does your child have a bike to ride to school? 6. Do you coordinate with other adults to get your child to school? 7. How far do you live from school? <¼ mile ¼ - ½ mile ½ - ¾ mile ¾ - 1 mile 1-2 miles >2 miles Don’t know 8. What is the nearest street intersection to your home? (Provide intersecting streets) Street #1 ____________________________________ & Street #2 ___________________________________ 9. Please check the number of days per week your child uses the following modes to get TO and FROM school. To School From School 0 1 2 3 4 5 0 1 2 3 4 5 Walk Walk Bike Bike Car Car Bus or other public transportation Bus or other public transportation Carpool Carpool Other: Please describe: Other: Please describe: ____________________________________________ ___________________________________________ Please continue the survey on the back of this page. Yes No 10.Has your child asked for permission to walk or bike to/from school this year? 11. Would you ever want your child to walk or bike to school? Please check the box that indicates your level of agreement with the following statements about the trip to school. Strongly Disagree Disagree Agree Strongly Agree Not Applicable 12. Other kids my child’s age walk or bike. 13. My child has fun walking or biking. 14. My child’s school encourages walking and biking. 15. The weather prevents my child from walking or biking. 16. It is easier to drive my child or have them take the bus. Please check the box that indicates your level of agreement with the following statements about the trip to school. Strongly Disagree Disagree Agree Strongly Agree Not Applicable 17. There are not enough crossing guards. 18. There is too much traffic. 19. The sidewalks are not safe enough. 20.Intersections are dangerous. 21. There is too much violence or crime. 22.Speed of traffic is too fast. 23. Please provide your child’s grade: ________________________________________________________ 24. Please provide your child's gender:Male Female Non-Binary Prefer not to answer 25. Please provide your gender:Male Female Non-Binary Prefer not to answer 26. What could your school or community do to improve walking, biking, or rolling to school? ________________________________________________________________________________________ ________________________________________________________________________________________ 27. Is there anything else you would like to share with us? ________________________________________________________________________________________ ________________________________________________________________________________________ Encuesta Para Padres Sobre Transporte a y de la Escuela Queremos conocer sus pensamientos acerca de los niños que viajan a la escuela. Esta encuesta tomará de 5 a 10 minutos y las respuestas serán confidenciales. No le preguntaremos su nombre ni el de su hijo. Si corresponde, complete una encuesta por separado para cada uno de sus hijos. Gracias por su tiempo! 1. Por favor ingrese la fecha de hoy (DD / MM / AAAA): _______________________________________________ 2. ¿Cuál es el nombre de la escuela de su hijo? _____________________________________________________ Por favor marque una respuesta para cada pregunta a continuación. Sí No No corresponde 3. ¿Su escuela proporciona un autobús para su hijo? 4. ¿Tiene un automóvil disponible para llevar a su hijo a la escuela? 5. ¿Tiene su hijo una bicicleta para ir a la escuela? 6. ¿Coordina con otros adultos para llevar a su hijo a la escuela? 7. ¿Qué tan lejos vive de la escuela? <¼ de milla ¼ - ½ milla ½ - ¾ de milla ¾ - 1 milla 1-2 millas > 2 millas No sé 8. ¿Cuál es la intersección de calles más cercana a su casa? (Indique las calles que se cruzan) Calle # 1 ____________________________________ y Calle # 2 ___________________________________ 9. Por favor, marque la cantidad de días a la semana que su hijo usa los siguientes modos para llegar y regresarde la escuela. A la escuela De la escuela 0 1 2 3 4 5 0 1 2 3 4 5 Caminar Caminar Bicicleta Bicicleta Coche Coche Autobús u otro transporte público Autobús u otro transporte público Carpool Carpool Otro: Describa _______________ Otro: Describa ______________ Sí No 10. ¿Ha preguntado su hijo por permiso para caminar o ir en bicicleta para llegar o regresar de la escuela este año? 11. ¿Quiere que su hijo vaya a la escuela a pie o en bicicleta? Marque la casilla que indica su nivel de acuerdo con las siguientes declaraciones sobre el viaje a la escuela. Totalmente de desacuerdo De desacuerdo De acuerdo Totalmente de acuerdo No aplica 12. Otros niños de la edad de mi hijo caminan o andan enbicicleta. 13. Mi hijo se divierte caminando o andando en bicicleta. 14. La escuela de mi hijo anima a caminar y andar enbicicleta. 15. El clima no deja que mi hijo camine o ande en bicicleta. 16. Es más fácil manejar a mi hijo o hacer que tome elautobús. Marque la casilla que indica su nivel de acuerdo con las siguientes declaraciones sobre el viaje a la escuela. Totalmente de desacuerdo De desacuerdo De acuerdo Totalmente de acuerdo No aplica 17. No hay suficientes guardias de cruce. 18. Hay demasiado tráfico. 19. Las aceras (o banquetas) no son suficientemente seguras. 20. Las intersecciones son peligrosas. 21. Hay demasiada violencia o delincuencia. 22.Velocidad de tráfico es demasiado rápido. 23. Indique el grado de su hijo: ________________________________________________________ 24. Indique el sexo de su hijo:Masculino Femenino Otro Prefiero no contestar 25. Indique su género:Masculino Femenino Otro Prefiero no contestar 26.Qué podría hacer su escuela o comunidad para mejorar el caminar o andar en bicicleta a la escuela? ________________________________________________________________________________________ ________________________________________________________________________________________ 27.Hay algo más que le gustaría compartir con nosotros? ________________________________________________________________________________________ ________________________________________________________________________________________ Does your school provide a bus for your child?Do you have a car available to drive your child to school?Does your child have a bike to ride to school?Do you coordinate with other adults to get your child to/from school?About how far do you live from school?Walk Bike Bus or Other Public TransportationCarCarpoolOther How many minutes does it take for your child to walk to school on average?How many minutes does it take for your child to bike to school on average?How many minutes does it take for your child to walk to the bus stop on average?How many minutes does it take to drive your child to school on average?Walk Bike Bus or Other Public TransportationCarCarpoolOther How many minutes does it take for your child to walk from school on average? Yes Yes Yes Yes 1 mile up to 2 miles 4 5 4 4 1 Yes Yes No No 1 mile up to 2 miles 0 0 0 5 0 0 7 0 0 0 5 0 0 Not ApplicableYes No 1/4 mile up to 1/2 mile Yes Yes No No 1 mile up to 2 miles 0 0 4 0 0 0 3 0 0 4 0 0 0 School Encourage Walk/Biking Strongly Agree This document was created by an application that isn’t licensed to use novaPDF. Purchase a license to generate PDF files without this notice. How many minutes does it take for your child to bike from school on average?How many minutes does it take for your child to walk from the bus stop on average?How many minutes does it take to drive your child from school on average?Has your child asked for permission to walk or bike to or from school this year?Would you ever want your child to walk or bike to school?It is easier to drive my child or have them take the bus to/from school.My child's school encourages walking and biking to/from school.My child has fun walking or biking to/from school.Other kids my child's age walk or bike to/from school.The weather prevents my child from walking or biking to/from school.There are not enough crossing guards.There is too much traffic.The sidewalks are not safe enough.There are dangerous intersections.There is too much violence or crime.The speed of traffic is too fast.Please provide you child's grade:Please provide your child's gender:Please provide your gender:Complete? 4 Yes Yes Disagree Disagree Strongly AgreeDisagree Disagree Agree Agree Disagree Strongly AgreeDisagree Strongly Agree2nd Grade Boy Male Complete 7 No Yes Strongly AgreeDisagree Not ApplicableAgree Agree Disagree Disagree Agree Agree Strongly DisagreeAgree 2nd Grade Girl Female Complete Incomplete 3 No No Strongly AgreeDisagree Disagree Not ApplicableAgree Not ApplicableAgree Disagree Strongly AgreeDisagree Agree KindergartenPrefer not to answerPrefer not to answerComplete School Encourage Walk/Biking Child Has Fun Walking/Biking Too Much Traffic Agree Disagree Strongly Disagree Strongly Agree Agree Disagree Strongly Disagree Strongly AgreeAgree Disagree Strongly Disagree 100 33.3 66.6 66.6 33.3 This document was created by an application that isn’t licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Does your school provide a bus for your child?Do you have a car available to drive your child to school?Does your child have a bike to ride to school?Do you coordinate with other adults to get your child to/from school?About how far do you live from school?Walk Bike Bus or Other Public TransportationCarCarpoolOther How many minutes does it take for your child to walk to school on average?How many minutes does it take for your child to bike to school on average?How many minutes does it take for your child to walk to the bus stop on average?How many minutes does it take to drive your child to school on average?Walk Bike Bus or Other Public TransportationCarCarpoolOther How many minutes does it take for your child to walk from school on average? Yes Yes Yes No 1 mile up to 2 miles 0 0 5 0 0 0 1 0 0 0 5 0 0 No Yes No No 1 mile up to 2 miles 0 0 0 4 0 0 5 0 0 0 4 0 0 Yes Yes No No 1 mile up to 2 miles 0 0 0 5 0 0 5 0 0 0 5 0 0 Yes Yes Yes No 1 mile up to 2 miles 5 1 5 Yes Yes Yes Not Applicable1 mile up to 2 miles 0 0 5 0 0 0 1 0 0 5 0 0 0 Yes Yes Yes No 1 mile up to 2 miles 0 0 5 0 0 0 1 0 5 0 0 0 No Yes Not ApplicableNo 1/2 mile up to 3/4 mile0 0 0 5 0 0 10 0 0 0 5 0 0 Yes Yes Yes No 1/2 mile up to 3/4 mile 5 2 0 0 0 5 0 0 Yes Yes No No 1/2 mile up to 3/4 mile0 0 5 4 0 0 2 5 0 0 5 4 0 0 Yes Yes No No 3/4 mile up to 1 mile 5 3 5 Yes Yes Not ApplicableYes More than 2 miles 0 0 0 5 0 0 5 0 0 0 5 0 0 Yes Yes Yes No More than 2 miles 0 0 5 0 0 0 7 0 5 0 0 0 Yes Yes Yes Yes More than 2 miles 0 0 0 5 0 0 8 0 0 0 5 0 0 Yes Yes Yes Yes More than 2 miles 4 1 5 4 1 Yes Yes No No More than 2 miles 0 0 0 5 0 7 0 0 0 5 0 0 Yes Yes Yes No More than 2 miles 5 1 0 0 5 0 0 0 Yes Yes Yes No More than 2 miles 0 0 5 0 0 0 5 0 0 2 3 0 0 Yes Yes Yes No More than 2 miles 0 0 5 0 0 0 5 0 0 1 4 0 0 Yes Yes Yes No More than 2 miles 0 0 0 5 0 0 10 0 0 0 5 0 0 Yes Yes Yes No 0 0 4 1 0 0 1 5 0 0 4 1 0 0 Yes Yes No No 1 mile up to 2 miles 0 1 4 0 0 2 4 Yes Yes Yes Yes 1/4 mile up to 1/2 mile5 0 0 0 0 0 7 3 0 0 0 2 0 7 Yes Yes Yes No 1/4 mile up to 1/2 mile1 0 0 5 0 0 5 1 1 0 0 5 0 0 5 Yes Yes Yes No More than 2 miles 0 0 4 1 0 0 10 15 Yes Yes Yes No 5 7 1 to 2 miles 6 11 11 1/2 to 3/4 3 3/4 to 1 1 More than 2 10 <1/4 mile 1/4 - 1/2 mile1/2 - 3/4 mile3/4 - 1 mile1 - 2 miles >2 miles 0 0 3 1 6 10 This document was created by an application that isn’t licensed to use novaPDF. Purchase a license to generate PDF files without this notice. How many minutes does it take for your child to bike from school on average?How many minutes does it take for your child to walk from the bus stop on average?How many minutes does it take to drive your child from school on average?Has your child asked for permission to walk or bike to or from school this year?Would you ever want your child to walk or bike to school?It is easier to drive my child or have them take the bus to/from school.My child's school encourages walking and biking to/from school.My child has fun walking or biking to/from school.Other kids my child's age walk or bike to/from school.The weather prevents my child from walking or biking to/from school.There are not enough crossing guards.There is too much traffic.The sidewalks are not safe enough.There are dangerous intersections.There is too much violence or crime.The speed of traffic is too fast.Please provide you child's grade:Please provide your child's gender:Please provide your gender:Complete? 5 No Yes Disagree Agree Not ApplicableDisagree Agree Agree Disagree Disagree Strongly DisagreeDisagree 5th Grade Boy Female Complete 5 Yes Yes Strongly Agree Not ApplicableDisagree Strongly AgreeDisagree Disagree Disagree Agree Strongly DisagreeStrongly Agree5th Grade Boy Female Complete 5 No Yes Strongly AgreeDisagree Not ApplicableAgree Agree Disagree Disagree Agree Agree Strongly DisagreeAgree 5th Grade Girl Female Complete 1 No Yes Strongly DisagreeDisagree Agree Agree Disagree Strongly AgreeStrongly AgreeAgree Agree Disagree Strongly Agree Boy Female Complete 1 Yes No Strongly AgreeAgree Not ApplicableAgree Agree Disagree Strongly AgreeAgree Agree Disagree Agree 8th Grade Boy Female Complete 1 No No Strongly AgreeAgree Not ApplicableDisagree Agree Disagree Agree Agree Strongly AgreeDisagree Agree 5th Grade Girl Female Complete 10 Yes Yes Strongly AgreeNot ApplicableNot Applicable Strongly AgreeStrongly AgreeStrongly AgreeNot ApplicableStrongly AgreeStrongly DisagreeAgree 8th Grade Boy Female Complete No No Strongly DisagreeDisagree Not ApplicableDisagree Agree Strongly DisagreeAgree Agree Agree Disagree Disagree Girl Male Complete 2 5 Yes No Disagree Not ApplicableNot ApplicableAgree Disagree Disagree Strongly AgreeDisagree Strongly AgreeDisagree Strongly Agree7th Grade Boy Female Complete 3 No No Disagree Disagree Disagree Disagree Disagree Agree Agree Agree Agree Strongly DisagreeAgree 5th Grade Boy Male Complete 5 No No Agree Not ApplicableNot ApplicableAgree Not ApplicableAgree Agree Disagree Agree Strongly DisagreeDisagree 7th Grade Girl Male Complete 7 Yes No Strongly AgreeStrongly DisagreeStrongly DisagreeStrongly DisagreeDisagree Agree Agree Agree Agree Disagree Agree 4th Grade Boy Male Complete 8 No Yes Strongly AgreeAgree Not ApplicableStrongly AgreeDisagree Agree Agree Strongly AgreeStrongly AgreeStrongly DisagreeDisagree 6th Grade Girl Female Complete 5 Yes Yes Agree Disagree Strongly DisagreeAgree Disagree Agree Strongly AgreeAgree Strongly AgreeDisagree Strongly Agree5th Grade Boy Female Complete 7 No No Strongly AgreeNot ApplicableNot ApplicableAgree Agree Disagree Agree Agree Agree Disagree Agree Non-BinaryPrefer not to answerComplete 1 No No Agree Not ApplicableNot ApplicableAgree Strongly DisagreeNot ApplicableDisagree Disagree Disagree Disagree Disagree Girl Male Complete 5 10 No No Strongly AgreeAgree Not ApplicableAgree Disagree Strongly AgreeAgree Strongly AgreeAgree Strongly DisagreeDisagree 4th Grade Boy Female Complete 5 10 No No Strongly AgreeAgree Not ApplicableAgree Disagree Strongly AgreeAgree Strongly AgreeAgree Strongly DisagreeDisagree 7th Grade Boy Female Complete 10 No No Strongly AgreeNot ApplicableNot ApplicableStrongly AgreeDisagree Agree Disagree Disagree Agree Strongly DisagreeStrongly Disagree Boy Female Complete 1 5 No Yes Agree Agree Agree Disagree Strongly DisagreeStrongly DisagreeDisagree Strongly DisagreeStrongly DisagreeStrongly DisagreeAgree 5th Grade Boy Female Complete Incomplete Incomplete 1 Yes Yes Incomplete Incomplete Yes Yes Incomplete Incomplete Encourage Traffic Strongly AgreeAgree Disagree Strongly DisagreeN/A Strongly AgreeAgree Disagree Strongly DisagreeN/A 35 25 5 35 25 45 25 5 Speed Strongly AgreeAgree Disagree Strongly DisagreeN/A 4 8 7 1 This document was created by an application that isn’t licensed to use novaPDF. Purchase a license to generate PDF files without this notice.                                                                           APPENDIX D  Crash Data                       Incident ID Incident Date & Time Incident  On Road Incident Crossing FeaIncident Injury Severity DeIncident  First H Incident Collision MaIncident Lig Incident We 3193417 2/15/2017 17:07 07  AVENUE OF THE FOUNTVerde River Dr Possible Injury Pedalcycle Other Daylight Clear 3388017 3/13/2018 9:13 07  SAGUARO             BLVD Palisades Blvd Fatal Pedestrian Other Daylight Cloudy 3444500 11/23/2018 15:00 07  AVENUE OF THE FOUNTLa Montana Dr Suspected Serious Injury Pedestrian Other Daylight Clear 3458638 10/17/2018 7:17 07  PALISADES           BLVD  Hampstead Dr Fatal Pedestrian Other Daylight Clear 3605443 1/4/2020 16:44 07  KIPLING             DR       Kim Dr Suspected Minor Injury Pedestrian Other Daylight Clear 3641365 4/14/2020 13:34 07  SAGUARO             BLVD Fountain Hills Blvd Possible Injury Pedestrian Other Daylight Clear 3655722 6/18/2020 13:14 07  FOUNTAIN HILLS      BLVPalisades Blvd Suspected Serious Injury Pedalcycle Other Dark LightedClear 3661936 7/9/2020 18:11 07  FOUNTAIN HILLS      BLVEl Lago Blvd Possible Injury Pedalcycle Sideswipe Same DireDaylight Clear Incident Intersection Type DIncident Junction RelatioUnit Body StUnit Travel DUnit Action Desc Unit Road CUnit SurfaceUnit Env ConditionUnit Defect Unit Numbe Not At An Intersection Not Junction Related Invalid 3 ‐ East Going Straight Ahead Unknown Dry Unknown 1 Four Way Intersection Intersection Related NonPassenger 41 ‐ North Going Straight Ahead No ContribuDry No Contributing CNo Contribu 1 Not Reported Intersection Passenger 42 ‐ South Going Straight Ahead No ContribuDry No Contributing CNo Contribu 1 Not Reported Intersection T Inter Passenger 33 ‐ East Going Straight Ahead Dry Glare Sunlight 1 Not At An Intersection Not Junction Related Passenger 42 ‐ South Going Straight Ahead Dry Glare Sunlight 1 Not Reported Other Invalid 2 ‐ South Crossing Road No ContribuDry No Contributing Circumstance 1 Not Reported Intersection Passenger 499 ‐ UnknowUnknown Unknown Unknown Unknown Unknown 1 Not Reported Entrance Exit Ramp Passenger 41 ‐ North Making Right Turn Unknown Dry Unknown Unknown 1 Unit Event Sequence DescLane Person TypePerson Safety Device DescPerson Violation Desc1 Person PhysPerson Physi Person PhysLatitude Motor Vehicle In Transpo 97 ‐ Non Roadway Pedalcyclist Helmet Used Failed To Keep In Proper Lane 0 ‐ No Apparent Influence 33.60421655 Pedestrian 2 ‐ Lane 2 Driver Shoulder And Lap Belt Speed Too Fast For Conditions 0 ‐ No Apparent Influence 33.6063355 Pedestrian Bl ‐ Dedicated Bike Lane Driver Shoulder And Lap Belt Other 0 ‐ No Apparent Influence 33.60514934 Pedestrian 2 ‐ Lane 2 Driver Shoulder And Lap Belt Unknown 0 ‐ No Apparent Influence 33.61368861 Motor Vehicle In Transpo 1 ‐ Lane 1 Driver Shoulder And Lap Belt No Improper Action 50 ‐ Other 33.63328908 Motor Vehicle In Transpo 10 ‐ Crosswalk Pedestrian Not Applicable Failed To Yield Right Of Way 0 ‐ No Apparent Influence 33.61942096 Pedalcycle 51 ‐ Unknown Driver Unknown Unknown 51 ‐ Unknow 33.61140196 Pedalcycle 2 ‐ Lane 2 Driver Unknown Unknown 51 ‐ Unknow 33.60635387 Longitude ‐111.7186661 ‐111.7140932 ‐111.7215647 ‐111.7325012 ‐111.738276 ‐111.7200485 ‐111.7289103 ‐111.7312126                                                 APPENDIX E  SRTS Newsletter           Project Background In 2020, the Town of Fountain Hills was awarded TransportaƟon AlternaƟve  Non-Infrastructure federal aid administered through Maricopa AssociaƟon of  Governments (MAG) to conduct Safe Routes to School (SRTS) studies. The  Safe Routes to School (SRTS) study for McDowell Mountain Elementary  School was conducted to promote walking and biking to and from school and  provide soluƟons for safe walking and biking to school. ObservaƟons and  surveys reflect condiƟons during operaƟon as Fountain Hills Middle School.  As a result of the efforts taken place during this study, recommendaƟons  including educaƟon, encouragement, equity, enforcement, evaluaƟon and  engineering were prepared and are presented in this report. In addiƟon to  recommended soluƟons, this study includes an implementaƟon plan to show  potenƟal Ɵmeframe, programs, and funding sources that can be used.  Project Purpose The purpose of this study is to  idenƟfy key issues and provide  soluƟons to promote walking  and biking to school. In  addiƟon to promoƟng walking  and biking to school, Safe  Routes to School provides  several benefits to schools,  students, and the community.       Drop-Off and Pick Up ObservaƟons Drop-off and pick-up observaƟons were completed to evaluate school procedures and idenƟfy any challenges.   Few students were observed walking to school;  many students walked home. Almost all student  walkers crossed the school driveway and cut  through the adjacent church parking lot.   There is a crossing conflict between student walkers  and cars – walkers cross the driveway to access the  sidewalk onsite.   One student was observed biking to and from  school. There are ample bicycle racks.   There is a crossing guard present on the Fountain Hills  Blvd crosswalk during dismissal.   Staff do not direct traffic.   Speeding was prevalent offsite, especially near the  transiƟon from Fountain Hills Blvd to McDowell  Mountain Blvd.   Queuing was not observed extending onto Fountain  Hills Blvd.   Roll away signs were not used, but mounted flashing  signs were.  Walking and Biking Assessment A walking and biking assessment was performed to evaluate exisƟng pedestrian and bicycle infrastructure. The purpose  of the evaluaƟon is to record exisƟng infrastructure and the current state of the infrastructure. The assessment also  noted the quality of infrastructure and if infrastructure was lacking.   Missing/Limited Sidewalks: Sidewalk is present along Fountain Hills Boulevard for approximately ¼ mile  approaching the school; it is then intermiƩent on either side of the street. Most neighborhood streets within the  walking boundary do not have sidewalks. In general, there is a lack of sidewalk connecƟvity.   Sidewalk CondiƟons: Most of the sidewalks within the study area meet ADA requirements for width, though  there are spots that are upliŌed or cracked. Many ramps are not ADA compliant at this Ɵme.   Limited Bike Lanes: Bike lanes are present along Fountain Hills Boulevard, though volumes and speeds may be  high for young cyclist’s use.   On-Street Parking: There is no on-street parking in the immediate vicinity of the school. On-street parking is  allowed in residenƟal areas. Community Outreach and Assessment As part of this project, community engagement was conducted to gather insight from school staff and parents about how  students travel to and from school and key issues. Two surveys were distributed to Fountain Hills Middle School, a  student tally survey and parent survey. Below are the highlights taken from each survey.     4%1% 40% 54% 1%7%1% 44%47% 1% 0% 10% 20% 30% 40% 50% 60% Walk Bike School Bus Family Vehicle Carpool Fountain Hills Middle School Morning and Afternoon Travel Mode Comparison AM PM     We Want Your Input! Please respond to the following quesƟons by September 28, 2023. Responses should be sent to JusƟn Weldy, Town Public  Works Director at jweldy@fountainhillsaz.gov  1. Would you consider having your student walk or bike if there were more sidewalks?  2. Do you think pick-up and drop-off would benefit from onsite traffic direction?  3. What is one change that would make you consider having your student walk or bike to school?  Thank you for your parƟcipaƟon.        Project Background In 2020, the Town of Fountain Hills was awarded TransportaƟon AlternaƟve  Non-Infrastructure federal aid administered through Maricopa AssociaƟon  of Governments (MAG) to conduct a Safe Routes to School (SRTS) study. The  Safe Routes to School (SRTS) study for Fountain Hills Middle and High School  was conducted to promote walking and biking to and from school and  provide soluƟons for safe walking and biking to school. ObservaƟons were  conducted in spring 2023, when it was a high school campus only. As a  result of the efforts taken place during this study, recommendaƟons  including educaƟon, encouragement, equity, enforcement, evaluaƟon and  engineering were prepared and are presented in this report. In addiƟon to  recommended soluƟons, this study includes an implementaƟon plan to  show potenƟal Ɵmeframe, programs, and funding sources that can be used.  Project Purpose The purpose of this study is to  idenƟfy key issues and provide  soluƟons to promote walking  and biking to school. In addiƟon  to promoƟng walking and biking  to school, Safe Routes to School  provides several benefits to  schools, students, and the  community   Drop-Off and Pick Up ObservaƟons Drop-off and pick-up observaƟons were completed to evaluate school procedures and idenƟfy any challenges.   One student was observed biking to school. A  maintenance vehicle was observed uƟlizing the  on-street parking on Fountain Hills Blvd during  pick-up and drop-off along the westward  approach.    No students were observed walking to school,  few were observed walking home.    Staff do not direct traffic during pick-up and  drop-off.   Many students drive themselves; vehicle and  pedestrian conflicts exist where student drivers  cross the drop-off/pick-up line.    Queuing extends into Hampstead Drive; cars pass  on the right.   Many onsite sidewalks are not ADA compliant.  Students use unpaved paths; many do not align with  crosswalk or crossing features.  Walking and Biking Assessment A walking and biking assessment was done to evaluate exisƟng pedestrian and bicycle infrastructure. The purpose of the  evaluaƟon is to record exisƟng infrastructure and the current state of the infrastructure. The assessment also noted the  quality of infrastructure and if infrastructure was lacking.   Missing/Limited Sidewalks: The school frontage has sidewalk on both sides of Palisades Blvd and Golden Eagle  Blvd and one side of Hampstead. Beyond the school, sidewalks are intermiƩent. Many neighborhood streets do  not have sidewalks.    Sidewalk CondiƟons: Most of the sidewalks within the study area meet ADA requirements for width, though  there are spots that are upliŌed or cracked. Many ramps are not ADA compliant at this Ɵme.   Limited Bike Lanes: Bike lanes are present along Golden Eagle Blvd and one side of Palisades Blvd, though  volumes and speeds may be high for cyclist comfort. There are no bike lanes along Hampstead Drive or  neighborhood streets.    On-Street Parking: Parking is not permiƩed along Hampstead Drive at any Ɵme by the school; north it is  allowed outside of school hours. Parking along Golden Eagle Boulevard and Palisades Boulevard is permiƩed  and was observed.  Community Outreach and Assessment As part of this project, community engagement was conducted to gather insight from school staff and parents about how  students travel to and from school and key issues. Two surveys were distributed to Fountain Hills High School, a student  tally survey and parent survey. Below are the highlights taken from each survey.  0.3% 0.3% 16.2% 76.0% 6.5%0.6%0.8%0.2% 19.8% 71.1% 8.1%0.0% 0.0% 20.0% 40.0% 60.0% 80.0% Walk Bike School Bus Family Vehicle Carpool Other Fountain Hills High School  Morning and Afternoon Travel Mode Comparison AM PM   We Want Your Input! Please respond to the following quesƟons by September 28, 2023. Responses should be sent to JusƟn Weldy, Town Public  Works Director at jweldy@fountainhillsaz.gov  1. Would you consider having your student walk or bike if there were more sidewalks?  2. Do you think pick-up and drop-off would benefit from onsite traffic direction?  3. What is one change that would make you consider having your student walk or bike to school?  Thank you for your parƟcipaƟon.          Project Background In 2020, the Town of Fountain Hills was awarded TransportaƟon AlternaƟve  Non-Infrastructure federal aid administered through Maricopa AssociaƟon of  Governments (MAG) to conduct Safe Routes to School (SRTS) studies. The  Safe Routes to School (SRTS) study for McDowell Mountain Elementary  School was conducted to promote walking and biking to and from school and  provide soluƟons for safe walking and biking to school. ObservaƟons and  surveys reflect condiƟons during operaƟon as Fountain Hills Middle School.  As a result of the efforts taken place during this study, recommendaƟons  including educaƟon, encouragement, equity, enforcement, evaluaƟon and  engineering were prepared and are presented in this report. In addiƟon to  recommended soluƟons, this study includes an implementaƟon plan to show  potenƟal Ɵmeframe, programs, and funding sources that can be used.  Project Purpose The purpose of this study is to  idenƟfy key issues and provide  soluƟons to promote walking  and biking to school. In  addiƟon to promoƟng walking  and biking to school, Safe  Routes to School provides  several benefits to schools,  students, and the community.       Drop-Off and Pick Up ObservaƟons Drop-off and pick-up observaƟons were completed to evaluate school procedures and idenƟfy any challenges.   Few students were observed walking to school;  many students walked home. Almost all student  walkers crossed the school driveway and cut  through the adjacent church parking lot.   There is a crossing conflict between student walkers  and cars – walkers cross the driveway to access the  sidewalk onsite.   One student was observed biking to and from  school. There are ample bicycle racks.   There is a crossing guard present on the Fountain Hills  Blvd crosswalk during dismissal.   Staff do not direct traffic.   Speeding was prevalent offsite, especially near the  transiƟon from Fountain Hills Blvd to McDowell  Mountain Blvd.   Queuing was not observed extending onto Fountain  Hills Blvd.   Roll away signs were not used, but mounted flashing  signs were.  Walking and Biking Assessment A walking and biking assessment was performed to evaluate exisƟng pedestrian and bicycle infrastructure. The purpose  of the evaluaƟon is to record exisƟng infrastructure and the current state of the infrastructure. The assessment also  noted the quality of infrastructure and if infrastructure was lacking.   Missing/Limited Sidewalks: Sidewalk is present along Fountain Hills Boulevard for approximately ¼ mile  approaching the school; it is then intermiƩent on either side of the street. Most neighborhood streets within the  walking boundary do not have sidewalks. In general, there is a lack of sidewalk connecƟvity.   Sidewalk CondiƟons: Most of the sidewalks within the study area meet ADA requirements for width, though  there are spots that are upliŌed or cracked. Many ramps are not ADA compliant at this Ɵme.   Limited Bike Lanes: Bike lanes are present along Fountain Hills Boulevard, though volumes and speeds may be  high for young cyclist’s use.   On-Street Parking: There is no on-street parking in the immediate vicinity of the school. On-street parking is  allowed in residenƟal areas. Community Outreach and Assessment As part of this project, community engagement was conducted to gather insight from school staff and parents about how  students travel to and from school and key issues. Two surveys were distributed to Fountain Hills Middle School, a  student tally survey and parent survey. Below are the highlights taken from each survey.     4%1% 40% 54% 1%7%1% 44%47% 1% 0% 10% 20% 30% 40% 50% 60% Walk Bike School Bus Family Vehicle Carpool Fountain Hills Middle School Morning and Afternoon Travel Mode Comparison AM PM     We Want Your Input! Please respond to the following quesƟons by September 28, 2023. Responses should be sent to JusƟn Weldy, Town Public  Works Director at jweldy@fountainhillsaz.gov  1. Would you consider having your student walk or bike if there were more sidewalks?  2. Do you think pick-up and drop-off would benefit from onsite traffic direction?  3. What is one change that would make you consider having your student walk or bike to school?  Thank you for your parƟcipaƟon.          Project Background In 2020, the Town of Fountain Hills was awarded TransportaƟon AlternaƟve  Non-Infrastructure federal aid administered through Maricopa AssociaƟon  of Governments (MAG) to conduct Safe Routes to School (SRTS) studies. The  Safe Routes to School (SRTS) study for LiƩle Falcons Preschool was  conducted to promote walking and biking to and from school and provide  soluƟons for safe walking and biking to school. ObservaƟons reflect  condiƟons during operaƟon as McDowell Mountain Elementary School. As a  result of the efforts taken during this study, recommendaƟons including  educaƟon, encouragement, equity, enforcement, evaluaƟon and  engineering were prepared and are presented in this report. In addiƟon to  recommended soluƟons, this study includes an implementaƟon plan to  show potenƟal Ɵmeframe, programs, and funding sources that can be used.  Project Purpose The purpose of this study is to  idenƟfy key issues and provide  soluƟons to promote walking  and biking to school. In addiƟon  to promoƟng walking and biking  to school, Safe Routes to School  provides several benefits to  schools, students, and the  community.       Drop-Off and Pick Up ObservaƟons Drop-off and pick-up observaƟons were completed to evaluate school procedures and idenƟfy any challenges.   Very few students were observed walking to school.   No students were observed biking to school.   No students used the yellow school zone crossings;  crossing guards were not present though roll away  signs were in place.   Speeding was prevalent off and onsite. Law  enforcement issued a citaƟon while the team was  present.   Morning queuing for kindergarten drop off extended  into FayeƩe Avenue. Cars were observed passing the  queue on the right.   AŌernoon queuing for all drop off extended into  FayeƩe Avenue; cars were observed passing.   Teachers assist pre-k and kindergarten students in and  out of vehicles.   Staff do not direct traffic, though a there is an onsite  crossing guard for students.  Walking and Biking Assessment A walking and biking assessment was performed to evaluate pedestrian and bicycle infrastructure. The purpose of the  evaluaƟon is to record exisƟng infrastructure and the current state of the infrastructure. The assessment also noted the  quality of infrastructure and if infrastructure was lacking.   Missing/Limited Sidewalks: There is sidewalk present on the near-side of the street for the school frontage;  most neighborhood streets within the walking boundary do not have sidewalks. Sidewalks are intermiƩent on  busier streets like Fountain Hills Blvd.   Sidewalk CondiƟons: Most of the sidewalks within the study area meet ADA requirements for width, though  there are spots that are upliŌed or cracked. Many ramps are not ADA compliant at this Ɵme.   Limited Bike Lanes: There are no bike lanes along the streets bordering the school. Busier streets such as  Fountain Hills Boulevard have bike lanes, but separated paths are likely more appropriate for elementary age  children on roads with higher speeds and volumes.    On-Street Parking: Parking is not permiƩed in front of the school from the hours of 6:00 AM to 6:00 PM on  school days.   Community Outreach and Assessment As part of this project, community engagement was conducted to gather insight from school staff and parents about how  students travel to and from school and key issues. Two surveys were distributed to McDowell Mountain Elementary  School: a student tally survey and parent survey. Below are the highlights taken from each survey.  0% 0% 48%52% 0% 0% 48%52% 0% 10% 20% 30% 40% 50% 60% Walk Bike School Bus Family Vehicle McDowell Mountain Elementary School Morning and Afternoon Travel Mode Comparison AM PM     We Want Your Input! Please respond to the following quesƟons by September 28, 2023. Responses should be sent to JusƟn Weldy, Town Public  Works Director at jweldy@fountainhillsaz.gov  1. Would you consider having your student walk or bike if there were more sidewalks?  2. Do you think pick-up and drop-off would benefit from onsite traffic direction?  3. What is one change that would make you consider having your student walk or bike to school?  Thank you for your parƟcipaƟon.    ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 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: Sanctions and possible censure against Councilmember Allen Skillicorn for sustained ethics violations. Staff Summary (Background) Since December 2023, multiple complaints have been filed against Councilmember Allen Skillicorn for alleged violations of the Code of Ethics. Pursuant to Council Rule of Procedure 10.2, the Town retained Tina L. Vannucci of Fitzgibbons Law Offices, PLC to independently investigate these complaints and provide a written report of findings and conclusions. The investigator provided her reports to the Town on February 20, 2024. The reports sustained the complaints in part. Pursuant to Council Rule of Procedure 10.4, upon receipt of a sustained complaint, the Town Attorney is to schedule an executive session for review and enforcement by the Town Council. However, Vice Mayor Grzybowski and Councilmember Kalivianakis, with the consent of Mayor Dickey, separately requested that the investigator’s reports be placed on an upcoming public meeting agenda for consideration and possible action. The reports are attached to this staff report. A summary of the reports and findings appears below: Report 1 Vice Mayor Grzybowski, Councilmember Kalivianakis, and Pam Cap each filed complaints, in which they alleged that Councilmember Skillicorn violated the Town’s Code of Ethics during an interaction with Code Enforcement Officer Pete Lucchese. Councilmember Kalivianakis also alleged that Councilmember Skillicorn made statements about the Town Attorney “fighting against” the Council on certain matters related to homelessness policy. The investigator’s report concluded that Councilmember Skillicorn’s conduct toward Mr. Lucchese violated the Code of Ethics. The report concluded that Councilmember Skillicorn’s post regarding the Town Attorney did not violate the Code of Ethics because of First Amendment protections. Report 2 Pam Cap and Beth Culp each filed complaints, in which they alleged that Councilmember Skillicorn violated the Towns Code of Ethics through posts and videos on his social media accounts and by blocking members of the public from his social media accounts. The investigator’s report concluded that because of the way Councilmember Skillicorn’s social media accounts are identified, the content contained on those accounts, and First Amendment protections, Councilmember Skillicorn's posts and actions did not violate the Code of Ethics. Report 3 Vice Mayor Grzybowski filed a complaint in which she alleged that Councilmember Skillicorn violated the Town’s Code of Ethics when, during a recent zoning matter, he implied that other members of the Council had been lobbied or had ex parte communications with the developer.  The investigator’s report concluded that because of the reasonable time, place, and manner restrictions permitted on public speech in an official capacity, Councilmember Skillicorn’s comments violated the Town’s Code of Ethics. Related Ordinance, Policy or Guiding Principle A.R.S. § 9-234(A) confers authority on the Council to “judge the elections, qualifications and returns of its members” and to “prescribe rules for the government of its proceedings.” A.R.S. § 9-240(B)(29) confers authority on the Council “[t]o adopt ordinances for the government of the corporation, its officers and persons within its corporate limits needful for the good government and order of the municipalities, and to provide the manner of prosecution and define the punishment for the violation of such ordinance.” Town Code § 2-4-1 provides that: “The Council shall adopt such procedural rules as it deems appropriate.” Pursuant to these provisions and Council Rule of Procedure 10.5, sustained complaints must be brought before the Town Council for appropriate action. The Rule 10.5 provides for the imposition of sanctions based on the circumstances of the infraction, and may include the following:  “The Council, by a majority vote, can direct a statement to be retracted. The Council, by a majority vote, can direct an apology to be offered. The Council, by a majority vote, can choose to take no action. The Council, by a majority vote, can censure a member who fails to uphold the standards outlined in the Code of Ethics. The Council, by a majority vote, can suspend the offending council member from a future council meeting; or Impose any other sanction in accordance with state law.” Such other sanctions in accordance with state law may include, but are not limited to, prohibiting service in leadership positions, spending/budgetary restrictions, restriction of access to secured areas of Town Hall, or other sanctions as the Council deems appropriate under the circumstances. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The imposition of sanctions for a sustained violation of the Code of Ethics is solely within the discretion of the Town Council. Accordingly, staff makes no recommendation. SUGGESTED MOTION MOVE that Councilmember Skillicorn be sanctioned as follows: […]               OR MOVE that Councilmember Skillicorn not be sanctioned. Attachments Sign Matter  Social Media Posts  Meeting Conduct  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/07/2024 11:04 AM Finance Director David Pock 03/07/2024 12:48 PM Town Manager Rachael Goodwin 03/07/2024 04:00 PM Form Started By: Linda Mendenhall Started On: 03/07/2024 10:05 AM Final Approval Date: 03/07/2024  ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 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. Staff Summary (Background) The law office of Gammage and Burnham, PLC is requesting 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 daily operating hours from 10 hours to 14 hours. On February 6, the Council was originally presented with this text amendment request, but a request to remove the prohibition of delivery services for medical marijuana products was also included. Following concerns from the Fountain Hills Protect Our Youth Coalition, the Council voted to continue the items to March 5 in order to allow the applicant the opportunity to discuss concerns from the Coalition. As a result, the applicant has decided to move forward at this hearing with the request for extended hours only, with the intention of continuing dialogue regarding the proposal to remove the prohibition on delivery service and come back with that amendment at a later date. The applicant has also agreed with the Coalition's desire to include language in Ordinance 24-03 that would require, with each sale, that dispensaries provide educational materials pertaining to the safe storage of marijuana products.  The attached ordinance includes the language addressing this request. 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. 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 From a park or public library Not less than 1,000 feet From a church or place of worship Not less than 500 feet Separation Requirements for Medical Marijuana Dispensaries 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; Prohibition on delivery service; 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 and security. 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. 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, 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. This modification 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.  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. At the time, the text amendment request included removal of the prohibition of delivery services.  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 modification being proposed provides 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 change and believe the amendment helps meet the needs of the business without compromising the health, safety and welfare of the town. SUGGESTED MOTION Move to approve/deny Ordinance 24-03. Attachments ORD 24-03  Applicant Request  Letters of Support  Letters of Support  Form Review Inbox Reviewed By Date Development Services Director John Wesley 03/11/2024 09:29 AM Finance Director David Pock 03/11/2024 10:17 AM Town Attorney Aaron D. Arnson 03/11/2024 10:34 AM Town Manager Rachael Goodwin 03/11/2024 11:22 AM Form Started By: Farhad Tavassoli Started On: 03/06/2024 04:20 PM Form Started By: Farhad Tavassoli Started On: 03/06/2024 04:20 PM Final Approval Date: 03/11/2024  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 24, MEDICAL MARIJUANA USES, BY AMENDING SECTION 24.03. B, TO ALLOW EXTENDED BUSINESS HOURS FOR MEDICAL MARIJUANA DISPENSARIES. 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 in Section 24-03.B.; 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, 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, AND THE DISPENSARY SHALL OFFER WITH EACH SALE, IF PROVIDED BY THE FOUNTAIN HILLS PROTECT OUR YOUTH COALITION, OR SUCCESSOR ORGANIZATION, EDUCATIONAL MATERIALS ACCEPTABLE TO THE DISPENSARY PERTAINING TO THE SAFE STORAGE OF MARIJUANA PRODUCTS. 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 19th day of March, 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 Revised: February 21, 2024 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. 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, Gilbert, and Payson have amended their zoning ordinances to expand the permitted hours of operation. 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 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. Proposed Text Amendment As shown in Exhibit A, this proposed Text Amendment will amend the Fountian Hills Zoning Ordinance to modify Section 24.03(B) to allow medical marijuana dispensaries to operate from 7:00 a.m. to 9:00 p.m. The proposed Text Amendment does not change the zoning requirements or limitations on uses that currently apply to medical marijuana dispensaries. If this Text Amendment is approved, with the exception of modifying hours, all other limitations on medical marijuana dispensaries outlined in Chapter 24 of the Fountain Hills Zoning Ordinance––including the prohibition on delivery–– will continue to apply. Justification As described in more detail below, this proposed Text Amendment to modify hours 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 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. 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. Because of Fountain Hills’ restrictive hours, the local dispensary has 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 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 on the following page. 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) Gilbert 8 am – 10 pm (14 hrs) Section 5.1.15(D) 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. 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;  Delivery services are 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 and security. 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 to obtain a product that could be purchased by a local dispensary. Because of this, the Town is missing out on sales tax revenue that could be generated in town. 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. 5. Prohibit consumption of marijuana on the premises. 6. Not have outdoor seating areas, but shall have adequate indoor seating to prevent outside loitering. 7. Display a current Town of Fountain Hills business license and a State of Arizona tax identification number. 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. 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. 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. 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. 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. 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. 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: 03/19/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 24-06, amending Zoning Ordinance Sections 1.12, Definitions, Section 5.14, Home Occupations, Section 10.02, Permitted Uses, and Section 11.02 Permitted Uses regarding regulations for home occupations and prohibited uses. Staff Summary (Background) The Town of Fountain Hills' Zoning Ordinance allows for residents of dwelling units to conduct businesses from their home.  Section 5.14, Home Occupations, contains the rules and regulations for the conduct of this type of business.  These rules and regulations have been in place for many years. With a digital age and the types of businesses evolving, Town staff have identified situations where activities of a business nature are being operated in a home, but the nature of the activity does not fit within the current definitions and regulations as a home occupation.  Because of this, staff have not been able to address these activities or their impact on neighbors.  The proposed changes presented below are designed to give us better tools to try and ensure activities being conducted in a home are truly being operated by the resident of the home, comply with home occupation requirements, and do not negatively impact surrounding property owners.  The proposed changes include some related ordinances to help address the situations that have been encountered. The proposed amendments include the following:    Section 1.12 Definitions Dwelling: A building or portion thereof, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, AND USE AS A including single-family OR and multiple-family RESIDENCE dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries.   This is a minor change but, it begins to establish that it is not sufficient to just design the structure as a residence to be defined as a dwelling, but it also needs to be used as one. Home Occupation: Any occupation or profession CARRIED ON IN A DWELLING UNIT BY RESIDENTS THEREOF which USE OR ACTIVITY is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not change the character thereof, SEE SECTION 5.14 FOR REGULATIONS OF HOME OCCUPATIONSand in connection with which there are no employees other than members of the immediate family residing in the dwelling unit. A home occupation may not generate traffic as a result of patronage and/or shipping and receiving of materials beyond five (5) trips a day. Shipping and receiving shall only be by a vehicle customarily used for residential purposes. This change provides some additional clarity to the definition of a home occupation and removed the duplicated standards contained in the definition.  It is best practice to not duplicate code provisions or to include standards or regulations as part of a definition.   Section 5.14 Home Occupations Home occupations shall be permitted in any DWELLING UNITresidential zone, subject to the following requirements: Given that we now allow dwellings in commercial districts or through PAD's, this section needs to be updated to recognize they will not just be in residential zoning districts.   A. Home Occupations: Shall be CONDUCTED ONLY BY PERSONS WHO LIVE AT THE PROPERTY AND SHALL BE CONDUCTED IN A MANNER clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes, shall be conducted entirely within the dwelling, AN ACCESSORY STRUCTURE USED FOR OFFICE ACTIVITIES ONLY, or garage, and shall not change the residential character thereof. Carports, accessory buildings, and yards may not be used for home occupations. B. Area: AN AREA EQUAL TO NNo more than twenty-five (25) percent of the gross floor area of the dwelling shall be devoted to the home occupation. C. Employees: There shall be no employees WORKING AT THE HOME other than members of the immediate family residing in the dwelling unit where the home occupation is being operated. One challenge we have is with businesses that have workers who come to the home to get assignments, tools, or equipment to conduct the businesses.  This makes it clear that those workers cannot come to the home as part of the business.  These changes also help address the situation we are dealing with that has people coming to the property to conduct activities of a non-residential nature. An additional change above is to allow an accessory structure to be used as part of the home occupation for office-type activities only.  This change prompted the change to B to make sure the total area devoted to a home occupation does not exceed 25% of the size of the home. D.  Delivery Vehicles: No business shall be conducted which requires delivery vehicles or other  VEHICULAR ACTIVITY OR DELIVERIESservices not customary to a residence. G. Traffic AND PARKING: Customer/patron and shipping/receiving trip generation shall not exceed five SIX (56) VEHICLE trips a day.  NO MORE THAN ONE COMMERCIAL VEHICLE MAY BE PARKED ON SITE AND MUST COMPLY WITH TOWN CODE SECTION 12-3-10.   Traffic and parking associated with a business can also be an issue.  The current ordinance limits trips to 5 per day.  A trip is each time a vehicle moves, so staff changed this from 5 to 6 so three vehicles can come and go from the property in a day.   I. Hazardous Materials: Any home occupation desiring to use hazardous materials, as defined in this ordinance, must first secure a special use permit. No home occupation may use hazardous material without a special use permit. Special use permits for the use of hazardous materials will only be issued after the TOWN’S BUILDING OFFICIAL AND FIRE MARSHALLTown and Fire District are assured that proper handling, storage, and disposal safeguards can and will be followed for the health, safety and welfare of the neighborhood and community. With the change to a Town fire department, this removes the reference to the Fire District. Section 10.02 Permitted Uses (Single Family) A. 9. Home occupations as prescribed in CHAPTER 5, SECTION 5.14 OF THIS ORDINANCE;  C. PROHIBITED USES. EXCEPT FOR THE ITEMS LISTED ABOVE, NON-RESIDENTIAL USES OR ACTIVITIES OF PROPERTY OR DWELLINGS AND ASSOCIATED STRUCTURES ARE PROHIBITED. Section 11.02 Permitted Uses (Multi-family) C. PROHIBITED USES. EXCEPT FOR THE ITEMS LISTED ABOVE, NON-RESIDENTIAL USES OR ACTIVITIES OF PROPERTY OR DWELLINGS AND ASSOCIATED STRUCTURES ARE PROHIBITED. A situation being experienced in Town is that of a part-time resident allowing the home to be used by social media personalities who have their pictures taken in the home and around the property.  Every evening, cars show up at the property and people come and go all night long.  From what staff has been able to determine, the property owner is not running an actual business and does not receive direct payment for use of the property, so it is hard to classify it as a home occupation under the existing regulations.  This change to the list of uses, and stating this prohibited use or activity will give us an additional way to address this activity. In addition to the changes to the Zoning Ordinance presented above, staff is also processing an associated modification to Section 12-3-10 of the Town Code regarding parking of commercial vehicles in residential districts.  It is not uncommon for a person with a home occupation to have a work vehicle associated with the business (e.g. a pool cleaning business, a contractor, a Realtor, etc.). Further, it is not uncommon for a person to drive a work vehicle home.  Section 5.14 F anticipates a home occupation having a work vehicle because it allows a sign on a vehicle associated with the business, provided it does not have an address on the sign.  These conditions result in some conflicts with the current provisions in Section 12-3-10 B which would require any commercial vehicle in a residential district to be stored behind a wall.    B. No person shall park or store a commercial vehicle on any portion of a residential property when the vehicle is visible from a street or from an adjacent property. Notwithstanding the foregoing, aONE commercial vehicle that is 22 feet or less in length may be parked or stored on residential property if it is ON THE DRIVEWAY OR completely enclosed within a six-foot-high solid wall with view-obscuring gates. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 1.12, 5.14, 10.02, and 11.02 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission considered these text amendments at their regular meeting on February 12, 2024.  Following review and discussion, the Commission recommended approval of the proposed amendments as reflected in the attached ordinance. Key points of discussion and consideration by the Planning and Zoning Commission were:  Adjusting the language to ensure all dwelling types were included regardless of zoning. Allowing the use of an accessory structure as part of the home occupation, but for office-type uses only. Ensuring the vehicular traffic generated was kept at a reasonable number Consideration of additional limitations on the size of commercial vehicles associated with the business activity. Deletion of the proposal to prohibit temporary keeping of animals. Staff Recommendation(s) Staff recommends approval of this text amendment. SUGGESTED MOTION MOVE to adopt Ordinance 24-06. Attachments Ordinance 24-06  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 02/28/2024 12:57 PM Finance Director David Pock 03/05/2024 02:54 PM Town Attorney Aaron D. Arnson 03/06/2024 09:38 AM Town Manager Rachael Goodwin 03/07/2024 05:30 PM Form Started By: John Wesley Started On: 02/07/2024 05:08 PM Final Approval Date: 03/07/2024  ORDINANCE NO. 24-06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE SECTION 12-3-10, STORAGE AND PARKING OF COMMERCIAL VEHICLES, AS IT APPLIES TO PARKING COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTY, AND THE FOUNTAIN HILLS ZONING ORDNANCE BY AMENDING SECTION 1.12, DEFINITIONS, SECTION 5.14, HOME OCCUPATIONS, SECTION 10.02, USES PERMITTED, AND SECTION 11.02, USES PERMITTED AS THEY PERTAIN TO NON-RESIDENTIAL USES OF RESIDENTIAL PROPERTY ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Town Code Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-10, Storage and Parking of Commercial Vehicles is hereby amended as follows: Except while loading, unloading, delivering, or making a service call, commercial vehicles shall be subject to the following restrictions: A. No person shall park or store a commercial vehicle on any street within a residential district. B. No person shall park or store a commercial vehicle on any portion of a residential property when the vehicle is visible from a street or from an adjacent property. Notwithstanding the foregoing, a ONE commercial vehicle that is 22 feet or less in length may be parked or stored on residential property if it is ON THE DRIVEWAY OR completely enclosed within a six-foot-high solid wall with view-obscuring gates. C. No person shall park or store a commercial vehicle on any street within a nonresidential district where parking is prohibited as indicated by signage. SECTION 2. That Chapter 1, Introduction, Section 1.12 is hereby amended as follows: … Dwelling: A building or portion thereof, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, AND USED AS Aincluding single-family ORand multiple-family dwellingsRESIDENCE; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries. … Home Occupation: Any occupation or profession CARRIED ON IN A DWELLING UNIT BY RESIDENTS THEREOF which USE OR ACTIVITY is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not change the character thereof, SEE SECTION 5.14 FOR REGULATION OF HOME OCCUPATIONSand in connection with which there are no employees other than members of the immediate family residing in the dwelling unit. A home occupation may not generate traffic as a result of patronage and/or shipping and receiving of materials beyond five (5) trips a day. Shipping and receiving shall only be by a vehicle customarily used for residential purposes. SECTION 3. That Chapter 5, General Provisions, Section 5.14, Home Occupations, is hereby amended as follows: Home occupations shall be permitted in any DWELLING UNITresidential zone, subject to the following requirements: A. Home Occupations: Shall be CONDUCTED ONLY BY PERSONS WHO LIVE AT THE PROPERTY AND SHALL BE CONDUCTED IN A MANNER clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes, shall be conducted entirely within the dwelling, AN ACCESSORY STRUCTURE USED FOR OFFICE ACTIVITIES ONLY, or garage, and shall not change the residential character thereof. Carports, accessory buildings, and yards may not be used for home occupations. B. Area: AN AREA EQUAL TO NNo more than twenty-five (25) percent of the gross floor area of the dwelling shall be devoted to the home occupation. C. Employees: There shall be no employees WORKING AT THE HOME other than members of the immediate family residing in the dwelling unit where the home occupation is being operated. D. Delivery Vehicles: No business shall be conducted which requires delivery vehicles or other VEHICULAR ACTIVITY OR DELIVERIESservices not customary to a residence. E. Nuisances: There shall be no external evidence of the activity such as outdoor storage, displays, noise, dust, odors, fumes, vibration, or other nuisances discernible beyond the property lines. F. Signs: No signs signifying the business or any commercial product or service are allowed. Signs on business vehicles, regardless of their storage, shall not display the address of the home occupation. G. Traffic AND PARKING: Customer/patron and shipping/receiving trip generation shall not exceed five SIX (56) VEHICLE trips a day. NO MORE THAN ONE VEHICLE USED FOR COMMERCIAL PURPOSES ASSOCIATED WITH THE BUSINESS MAY BE PARKED ON SITE AND MUST COMPLY WITH TOWN CODE SECTION 12-3-10. H. Exception: An exception to these requirements shall be made for the operation of a group home for the handicapped and adult care, day care centers, home day care centers, model homes and swim schools. I. Hazardous Materials: Any home occupation desiring to use hazardous materials, as defined in this ordinance, must first secure a special use permit. No home occupation may use hazardous material without a special use permit. Special use permits for the use of hazardous materials will only be issued after the TOWN’S BUILDING OFFICIAL AND FIRE MARSHALLTown and Fire District are assured that proper handling, storage, and disposal safeguards can and will be followed for the health, safety and welfare of the neighborhood and community. J. Uses Not Permitted: The following uses that are not permitted as a home occupation include, but are not necessarily limited to, the following: The physical sale or distribution of commodities on the premises, and motor vehicle repair. The Community Development Director or his designee shall render decisions on home occupations permitted with appeal to the Town Council. SECTION 4. That Chapter 10, Single-family Residential Zoning Districts, Section 10.02, Permitted Uses, is hereby amended as follows: A. In R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, and R1-6A Zoning Districts, a building or premises shall be used only for the following purposes: … 9. Home occupations as prescribed in SECTION 5.14 OF THIS ORDINANCE; … C. PROHIBITED USES. EXCEPT FOR ITEMS LISTED ABOVE, NON-RESIENTIAL USES OR ACTIVITIES OF PROPERTY OR DWELLINGS AND ASSOCIATED STRUCTURES ARE PROHIBITED. SECTION 5. That Chapter 11, Multifamily Residential Zoning Districts, Section 11.02, Permitted Uses, is hereby amended as follows: … C. PROHIBITED USES. EXCEPT FOR ITEMS LISTED ABOVE, NON-RESIENTIAL USES OR ACTIVITIES OF PROPERTY OR DWELLINGS AND ASSOCIATED STRUCTURES ARE PROHIBITED. SECTION 6. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the City/Town Council has considered the individual property rights and personal liberties of the residents of the City/Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 19th day of March 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 ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Fire Department Prepared by: Dave Ott, Fire Chief Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-10 for an Intergovernmental Agreement with the City of Glendale for the use of the Glendale Regional Public Safety Training Center.  Staff Summary (Background) The Intergovernmental Agreement (IGA) is necessary to participate in regional fire and EMS training that is provided at the Glendale Regional Public Safety Training Center (GRPSTC). This may include, but is not limited to, live fire training, hazardous materials and technical rescue training, and regional fire academies. Costs, if any, may depend on classes offered and the materials needed.  Related Ordinance, Policy or Guiding Principle The idea of regional, consistent fire and EMS training is the guiding principle behind the need for this IGA.  Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the IGA with the City of Glendale for use of the Glendale Regional Public Safety Training Center. SUGGESTED MOTION MOVE to Adopt Resolution 2024-10 approving the IGA with the City of Glendale for the use of the Glendale Regional Public Safety Training Center. Attachments Resolution 2024-10  GRSTC IGA  Form Review Inbox Reviewed By Date Fire Chief (Originator)Dave Ott 03/04/2024 03:16 PM Finance Director David Pock 03/05/2024 09:47 AM Town Attorney Aaron D. Arnson 03/06/2024 09:44 AM Town Manager Rachael Goodwin 03/07/2024 02:57 PM Form Started By: Dave Ott Started On: 03/04/2024 02:40 PM Final Approval Date: 03/07/2024  RESOLUTION 2024-10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEEMENT WITH THE CITY OF GLENDALE RELATED TO PUBLIC SAFETY TRAINING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreements with the City of Glendale relating to public safety training (the “Agreement”) is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Amendments and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, March 19, 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 RESOLUTION 2024-TBD TOWN OF FOUNTAIN HILLS, ARIZONA INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF GLENDALE RELATING TO PUBLIC SAFETY TRAINING (EXHIBIT A) 1 Last revised: February 2, 2024 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GLENDALE AND FOR PUBLIC SAFETY TRAINING This Intergovernmental Agreement (“Agreement”) is entered into this ____ day of _____________, 2024, by and between the City of Glendale, for and on behalf of the Glendale Fire Department (“City”) and between the Cities, Towns, Fire Districts, and governmental jurisdictions (hereinafter collectively referred to either as “Participants,” or “Agencies,” and sometimes referred to individually as “Participant” or “Agency”). Collectively, the City and the Agencies shall be designated as “Parties”. The initial Participants are listed in Exhibit C of this Agreement, which shall be amended upon the addition of new members as set forth herein. RECITALS A. WHEREAS the City Manager of Glendale is authorized and empowered by provisions of the City Charter to execute contracts; and, B. WHEREAS the City and the Agencies are authorized and empowered to enter into intergovernmental agreements for the provision of services or for joint or cooperative action pursuant to Arizona Revised Statutes (A.R.S.) §11-952. The City is also authorized and empowered pursuant to Article 1 Section 3, of the Charter of the City of Glendale; and, C. WHEREAS agreements for fire service training and intergovernmental cooperation in public safety areas, including operations and management of fire and police, or the public safety related agencies have existed between municipalities and governmental jurisdictions; and, D. WHEREAS, it is the desire of the municipalities, governmental jurisdictions, agencies, police departments, and fire districts participating in this Agreement, to work together for the mutual benefit of the public, Agency’s community, and all the Agency’s personnel; and, E. WHEREAS the Agency desires to participate in Glendale Public Safety Training to provide emergency fire, medical, law enforcement and other services, F. WHEREAS the City desires the participation of the Agency to provide emergency fire, medical, and other services; and, more effectively. AGREEMENT Therefore, in consideration of the mutual promises, inducements, covenants, agreements, conditions, and other good and valuable consideration, the receipt and sufficiency which is acknowledged, the Parties agree as follows: ARTICLE I. PURPOSE 2 Last revised: February 2, 2024 The Parties desire to enter into this Agreement for the purpose of enabling them to conduct and participate in public safety training hosted by the City. Fire service training includes but is not limited to: Aircraft Rescue Firefighter (ARFF) Certification Training, Firefighter Recruit Training, Fire Inspector Training, Hazardous Material Technical (HZM) Certification Training, EMT/Paramedic Recertification Training, and Technical Rescue Technician (TRT) Certification Training, and follow-on required continuing education. Law Enforcement training includes but is not limited to: Pre-academy, Post-academy, Drivers’ Training, Firearms Training as well as in-service and certification maintenance training. ARTICLE II. STATEMENT OF SERVICES 1. Service Training: The City will provide fire service training and follow-up continuing education as outlined in Exhibit A, Fire Service Training Menu. The City may provide law enforcement training and follow-up continuing education from time to time. 2. Availability of Training: Nothing in this Agreement creates an obligation or otherwise requires the City to host training, or to provide an opportunity in any training class to the Agency. 3. Training Records: The City will provide original training records for the Agency’s personnel upon the completion of any training being provided, or upon termination of the Agency personnel’s attendance in the training program. The City will maintain records of lesson plans, class rosters, and other documentation common to the class when the law, fire or police service standards, or best practices require or make reasonable and prudent the preservation of such information. 4. Equipment and Assistance with Training: 4.1 The City shall specify the equipment and materials ("Required Equipment") that the Agency must provide to its employees, or that the Agency employees must have to participate in any training program. The Agency’s employees must have the required equipment as a condition of participation in the training program. 4.2 Upon reasonable request, the Agency will provide the City with instructors for assistance. When the Agency has facilities or equipment (e.g., a burn building, training props, apparatus, etc.) that can facilitate a specific training being conducted by the City, the Agency will allow the City to use such facilities, subject to their availability, when it is determined by both Parties to be in their mutual best interest. Any such contributions by the Agency, to the extent applicable, will be considered in determining the Training Fees. 5. Discipline, Academic Requirements and Skill Performance Standards: 5.1 The City reserves the right, in its sole discretion, to determine whether the Agency employees are maintaining the minimum requirements or performances necessary to continue in the training. The City may remove an Agency employee for City Human Resource policy violations and/or performance deficiencies. The City reserves the right, in its sole discretion, to decide whether Agency employees should remain in the training. Such decisions will be made in consultation with the Agency. In the event a student is removed for failure to abide 3 Last revised: February 2, 2024 by training or affiliated training location or vendor academic, ethical, or disciplinary standards applicable to all fire service training students, the employing party will remain responsible for full payment of contractual training fees. Removal from training is apart and independent from whether the impacted employee is disciplined or terminated by the employing Agency. 5.2 Employees of all Parties shall be subject to the same standards for purposes of training and academics. If an Agency employee is suspected of having engaged in misconduct while in training being conducted by the City, the City shall report the suspected misconduct to the Agency as soon as practicable. The City will be responsible for conducting any appropriate investigation. The employee’s agency will determine employee discipline, if any. 5.3 The City has the sole responsibility and authority to determine issues relating to: (1) the curriculum and content of instruction for training; (2) the training schedule and hours; (3) decisions about whether the Agency’s employees should remain in the training; (4) the implementation and execution of policies and procedures applicable to City controlled training and City owned training locations , (5) the facility and location of site-specific training, (6) the assignment and use of any Agency provided instructors, staff, or equipment. 5.4 The Parties understand and agree that the City will determine the training program curriculum to satisfy City standards. The Agency may request cross-training on the City materials, the presentation of which shall be provided by the Agency’s personnel. The Parties further understand and agree that the City will determine the appropriate location necessary to support training programs which, in part, satisfy the City standards. Additional training needs beyond the City standards, which may require additional time and resources, by way of separate agreements will be the sole responsibility of the requesting Agency. 5.5 The City will regularly communicate with the Agency on issues that may affect the ability of an Agency’s employee to successfully complete the training program, including, but not limited to performance, City policy violations, academics, physical fitness, discipline, requirements of the Arizona State Fire Marshal and Arizona Department of Health Services. The City will advise the Agency, as soon as possible, when it appears that an Agency employee may be subject to being removed from a City training program. 6. AGENCY RESPONSIBILITIES: Agency agrees to be responsible for ensuring that their employees sent to the City premises or training location pursuant to this Agreement meet the following minimum requirements to receive the training: 6.1 Agency warrants that all Agency employees participating in training are familiar with the type of exercise and physical ability necessary to participate and represents that, to the best of its knowledge, the health and physical condition of all Agency employees participating is sufficient to undertake this training. 6.2 Agency warrants that all Agency employees participating in training are familiar with the type of training being conducted and that their training and experience are sufficient to undertake this training. 4 Last revised: February 2, 2024 6.3 Agency agrees that prior to receiving City fire training services training or utilizing a City facility for training, Agency employees must sign and submit an Assumption of Risk and Release Agreement City of Glendale Public Safety Service Training Form, Exhibit B. 6.4 While on City premises and at any other time or place during which Training Services or other activity pursuant to this Agreement is being conducted Agency warrants that employees shall comply with all applicable United States Federal, State of Arizona, and Local laws, statutes, and ordinances, and with all legal and applicable regulations or orders of any governmental department, board, bureau, or agency, including the City. 6.5 Agency will ensure that Agency employees have required protective gear, uniforms, or other required equipment for the Training Services. 6.6 Necessary third-party agreements: Due to the variety of insurance, indemnification, background check requirements etc., where training requires a separate agreement to provide clinical rotations, such as in Paramedic Training, the Agency will be solely responsible for making sure their employees are covered under an agreement with the non-City owned training site location and the Agency. ARTICLE III. TERM OF THE AGREEMENT 1. Term: This Agreement shall commence on the Effective Date referenced above and shall continue in force for five years. 2. Termination and Cancellation: Any Agency at their convenience, by written notice, may terminate their participation in this Agreement in whole or in part by providing thirty days (30) written notice to the City. The City, by written notice, may terminate its participation in this Agreement in whole or in part by providing thirty days (30) written notice to the other Agencies. If this Agreement is terminated, the Agency, will be liable under the provisions of this contract for services and material rendered and accepted and the City will be liable for any refund of payment for services paid for but not received if the City terminates the Agreement. In addition, the Parties acknowledge that this Agreement is subject to the cancellation by either party pursuant to the provisions of A.R.S. § 38-511. Upon cancellation or termination of this Agreement, each party will retain ownership of their solely provided property for the purposes of disposing of property on termination. ARTICLE IV. GENERAL TERMS AND CONDITIONS 1. Governing Law; Forum; Venue: This Agreement is executed and delivered in the State of Arizona, and the substantive laws of the State of Arizona (without reference to choose of law principles) will govern its interpretation and enforcement. Any action brought to interpret or enforce any provision of this Agreement that cannot be administratively resolved or otherwise related to or arising from this Agreement, will be commenced, and maintained in the state or federal courts in the State of Arizona, Maricopa County, and each of the Parties, to the extent permitted by law, consents to jurisdiction and venue in such courts for such purposes. 5 Last revised: February 2, 2024 2. Implied Terms: Each provision of law and any clause required by law to be in this Agreement shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either Party, the Agreement shall be amended to make such insertion or correction. 3. Entire Agreement; No Waiver; Amendment: This Agreement is intended by the undersigned Parties as the final expression of their agreement and is intended to be the complete and exclusive statement of the terms of the agreement between the Parties. No course of prior dealings between the Parties and no usage in the trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing Party has knowledge of the nature of the performance and the opportunity to object. Any delay or failure to exercise or enforce any right, power, privilege, or remedy under this Agreement by a Party may not be deemed a waiver, release, or modification of the requirements of this Agreement or any of its terms or provisions by that Party. This Agreement may not be modified or amended except in a writing signed by both Parties. 4. Health Insurance Portability and Accountability Act (HIPAA) of 1996: The Parties certify that each is familiar with the requirements of HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009 and accompanying regulations and will comply with all applicable HIPAA requirements during this Agreement. The Parties warrant that each will cooperate during performance of the Agreement so that the Parties will be in compliance with HIPAA. 5. Third-Party Beneficiary Clause: The Parties expressly agree that this Agreement is neither intended by any of its provisions to create any third-Party beneficiary, nor to authorize anyone not a Party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 6. Fund Appropriation Contingency: The Parties understand that the continuation of this Agreement is subject to the budget of the Parties providing for the associated expenditures. The Parties cannot assure that the funding for this Agreement will be approved in the future. In such event, any Party may terminate their participation in this Agreement. 7. No Joint Venture: No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between any of the Parties. 8. Assignment and Delegation: Neither this Agreement, nor any of its rights or obligations, may be transferred or assigned by any Party. 6 Last revised: February 2, 2024 9. Workers’ Compensation: To the extent required by law, and pursuant to A.R.S. §23-1022(D), for the purposes of workers’ compensation coverage, all employees of each Party covered by this Agreement shall be deemed to be an employee of all Parties. The agency which regularly employs an employee entitled to workers’ compensation arising out of work associated with this Agreement shall be the agency solely liable for payment of all workers’ compensation and related benefits. 10. Severability: The provisions of this Agreement are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Agreement which shall remain in effect without the invalid provision or application. 11. Compliance with Laws: The Parties will comply with all existing and subsequently enacted federal, state and local laws, ordinances, codes, and regulations that are, or become applicable to this Agreement. If a subsequently enacted law imposes substantial additional costs, a request for an amendment may be submitted pursuant to this Agreement. 12. Drug-Free Workplace: The Parties will comply with the Drug-Free Workplace Act of 1988 and will permit inspection of its personnel records to verify such compliance. A Party’s breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement. 13. Immigration Requirements: To the extent applicable by law, the Parties will comply with the Immigration Reform and Control Act of 1986 (“IRCA”) and will permit inspection of its personnel records to verify such compliance. To the extent applicable under A.R.S. § 41-4401, each Party warrants compliance with all federal immigration laws and regulations that relate to its employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). Each Party has the right to inspect the papers of the other Parties participating in this Agreement to ensure compliance with this paragraph. A Party’s breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement. 14. Legal Worker Requirements: To the extent applicable by law, the Agency is prohibited by Arizona Revised Statutes § 41-4401 from awarding an agreement to any organization who fails, or whose subcontractors fail, to comply with Arizona Revised Statutes § 23-214(A). Therefore, the City shall ensure that: 14.1 To the extent applicable by law, each subcontractor the City uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with Arizona Revised Statutes § 23-214, 14.2 To the extent applicable by law, a breach of warranty will be deemed a material breach of the Agreement and is subject to termination of the Agreement by the Agency. 7 Last revised: February 2, 2024 14.3 To the extent applicable by law, the Agency will have the legal right to inspect the papers of the City and any contractor or subcontractor who work(s) on this Agreement to ensure that the contractor or subcontractor is complying with this Section. ARTICLE V. PAYMENTS 1. Payment and Fees: For Fire Service Training, each respective Agency will pay the amount identified in the Fire Service Training Menu, Exhibit A, for each of its employees that attend listed training. This amount may be adjusted at the discretion of the Glendale Fire Chief based on Agency's contribution to the training through the provision of non-monetary resources such as facilities and personnel, recruit training officers, and other factors listed for non-monetary resources. 2. Invoicing: For Fire Service Training, Glendale Fire Department will invoice Agency, per training class under this Agreement. Agency shall remit all payments to the City of Glendale Fire Department within thirty (30) calendar days of the invoice date (the "Due Date"). If Agency's payment is not received with five (5) days after the Due Date, Glendale may exercise its right to terminate this Agreement. 3. Fees for Non-Monetary Resources: 3.1 In establishing the Training Fee, the Parties may consider the nature and duration of the training; additional expenses associated with Agency’s participation in the training; non- monetary contributions by the Agency in facilities, personnel, or equipment; and the experience, value, and goodwill inherent in the Parties training together. The City’s Fire Chief or Police Chief as applicable, has the discretion to waive fees, in whole or part, for the Agency when it is in the best interest of the City. ARTICLE VI. INDEMNIFICATION 1. Indemnification and Claims Release: 1.1 The Agency acknowledges that participating in the Training Services is dangerous and includes the inherent and hazardous risks, including, but not limited to, the risk of serious injury, illness, death, burns, dismemberment, or permanent disability to Agency or Agency’s employees. 1.2 Indemnification: Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Parties (each as an “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney’s fees) (“Claims”), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. Each Party must use its best efforts to cause all contractors (each an “Additional Indemnitor”) to indemnify, defend, save, and hold harmless the other party from and against all Claims 8 Last revised: February 2, 2024 caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the Additional Indemnitor [and persons for whom they are vicariously liable]. Indemnifications Survive. The provisions of this Agreement wherein a Party has explicitly indemnified the other Party shall survive the expiration or earlier termination of this Agreement. ARTICLE VII. NOTICES 1. Any notice, consent, or other communication (“notice”) required or permitted under this Agreement must be in writing and either delivered in person, sent by facsimile transmission, deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested, or deposited with any commercial air courier or express service addressed as set forth in Exhibit D. Notice will be deemed received at the time it is personally served or, on the day it is sent by facsimile transmission or, upon deposit with any commercial air courier or express service or, if mailed, ten (10) days after the notice is deposited in the United States mail as provided above. Either Party may change its mailing address, fax number, or the contact information for the person to receive notice by notifying the other Party as provided herein. Notice sent by facsimile transmission must also be sent by regular mail to the recipient at the above address. This requirement for duplicate notice is not intended to change the effective date of the notice sent by facsimile transmission. 9 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF GLENDALE, a municipal corporation By: _____________________________ Kevin R. Phelps, City Manager ATTEST: _______________________________ Julie K. Bower, City Clerk APPROVED AS TO FORM: _______________________________ Michael D. Bailey, City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF GLENDALE By: Michael D. Bailey, City Attorney Date: 10 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. ARIZONA FIRE AND MEDICAL AUTHORITY By: ____________________________ Mark Burdick, Fire Chief ATTEST: _______________________________ Authority Administrative Director APPROVED AS TO FORM: _______________________________ Name, Authority Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: ARIZONA FIRE AND MEDICAL AUTHORITY By: _____________________ Authority Attorney Date: 11 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF AVONDALE, a municipal corporation By: ____________________________ Cherlene Penilla, Acting City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ Name, City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF AVONDALE By: _____________________ City Attorney Date: 12 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF BUCKEYE, a municipal corporation By: ____________________________ Daniel Cotterman, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF BUCKEYE By: _____________________ City Attorney Date: 13 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF CHANDLER, a municipal corporation By: ____________________________ Joshua Wright, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF CHANDLER By: _____________________ City Attorney Date: 14 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. DAISY MOUNTAIN FIRE & MEDICAL By: ____________________________ Brian Tobin, Fire Chief ATTEST: _______________________________ Clerk APPROVED AS TO FORM: _______________________________ Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: DAISY MOUNTAIN FIRE & MEDICAL By: _____________________ Attorney Date: 15 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF EL MIRAGE, a municipal corporation By: ____________________________ Crystal Dyches, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF EL MIRAGE By: _____________________ City Attorney Date: 16 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. TOWN OF FOUNTAIN HILLS, a municipal corporation By: ____________________________ Town Manager ATTEST: _______________________________ Town Clerk APPROVED AS TO FORM: _______________________________ Town Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: TOWN OF FOUNTAIN HILLS By: _____________________ Aaron Arnson, Town Attorney Date: 17 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. TOWN OF GILBERT, a municipal corporation By: ____________________________ Patrick Banger, Town Manager ATTEST: _______________________________ Town Clerk APPROVED AS TO FORM: _______________________________ Town Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: TOWN OF GILBERT By: _____________________ Town Attorney Date: 18 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF GOODYEAR, a municipal corporation By: ____________________________ Julie Karins, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF GOODYEAR By: _____________________ City Attorney Date: 19 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. TOWN OF GUADALUPE, a municipal corporation By: ____________________________ Valarie Molina, Mayor ATTEST: _______________________________ Town Clerk APPROVED AS TO FORM: _______________________________ Town Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: TOWN OF GUADALUPE By: _____________________ Town Attorney Date: 20 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF MARICOPA, a municipal corporation By: ____________________________ Rick Horst, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF MARICOPA By: _____________________ City Attorney Date: 21 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF MESA, a municipal corporation By: ____________________________ Chris Brady, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF MESA By: _____________________ City Attorney Date: 22 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF PEORIA, a municipal corporation By: ____________________________ Jeff Tyne, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF PEORIA By: _____________________ City Attorney Date: 23 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. TOWN OF QUEEN CREEK, a municipal corporation By: ____________________________ John Kross, ICMA-CM, Town Manager ATTEST: _______________________________ Town Clerk APPROVED AS TO FORM: _______________________________ Town Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: TOWN OF QUEEN CREEK By: _____________________ Town Attorney Date: 24 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. RIO VERDE FIRE DISTRICT By: ____________________________ Jay Ducote, Fire Chief ATTEST: _______________________________ District Clerk APPROVED AS TO FORM: _______________________________ District Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: RIO VERDE FIRE DISTRICT By: _____________________ District Attorney Date: 25 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF SCOTTSDALE, a municipal corporation By: ____________________________ David D. Ortega, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF SCOTTSDALE By: _____________________ City Attorney Date: 26 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. SUN CITY FIRE DISTRICT By: ____________________________ Rob Schmitz, Fire Chief ATTEST: _______________________________ District Clerk APPROVED AS TO FORM: _______________________________ District Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: SUN CITY FIRE DISTRICT By: _____________________ District Attorney Date: 27 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. SUPERSTITION FIRE AND MEDICAL DISTRICT By: ____________________________ John Whitney, Fire Chief ATTEST: _______________________________ District Clerk APPROVED AS TO FORM: _______________________________ District Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: SUPERSTITION FIRE AND MEDICAL DISTRICT By: _____________________ District Attorney Date: 28 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF SURPRISE, a municipal corporation By: ____________________________ Bob Wingenroth, City Manager ATTEST: _______________________________ Kristi Passarelli, City Clerk APPROVED AS TO FORM: _______________________________ Robert Wingo, City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF SURPRISE By: _____________________ City Attorney Date: 29 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF TEMPE, a municipal corporation By: ____________________________ Andrew Ching, City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF TEMPE By: _____________________ City Attorney Date: 30 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF TOLLESON, a municipal corporation By: ____________________________ Reyes Medrano Jr., City Manager ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: CITY OF TOLLESON By: _____________________ City Attorney Date: 31 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. LUKE AIRFORCE BASE FIRE DEPARTMENT By: ____________________________ Darnell Walls, Fire Chief ATTEST: _______________________________ Clerk APPROVED AS TO FORM: _______________________________ Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: LUKE AIRFORCE BASE FIRE DEPARTMENT By: _____________________ Attorney Date: 32 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. DEPARTMENT OF PUBLIC SAFETY (DPS) By: ____________________________ Colonel Jeffrey Glover, Director ATTEST: _______________________________ Clerk APPROVED AS TO FORM: _______________________________ Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: DEPARTMENT OF PUBLIC SAFETY (DPS) By: _____________________ Attorney Date: 33 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. MARICOPA COUNTY SHERIFF’S OFFICE By: ____________________________ Chief Deputy Russ Skinner ATTEST: _______________________________ Clerk APPROVED AS TO FORM: _______________________________ Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: MARICOPA COUNTY SHERIFF’S OFFICE By: _____________________ Attorney Date: 34 Last revised: February 2, 2024 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. TOWN OF WICKENBURG POLICE DEPARTMENT, a municipal corporation By: ____________________________ Les Brown, Chief of Police ATTEST: _______________________________ Town Clerk APPROVED AS TO FORM: _______________________________ Town Attorney In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of the undersigned attorneys who have determined that, as to their respective clients only, it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Date: TOWN OF WICKENBURG By: _____________________ Town Attorney Date: 35 Last revised: February 2, 2024 EXHIBIT A - FIRE SERVICE TRAINING MENU Students who have taken the initial training class from the Glendale Fire Department will receive the corresponding continuing education classes, for that course, at no additional charge. This excludes mandatory AZDHS recertifications which remain the responsibility of the Agency. Firefighter Recruit Training (14-Week Recruit Training Academy) Course Overview Description Overview The Glendale Fire Department Recruit Training Academy is conducted over a minimum of 13 weeks with 550 hours of training and meets the requirements of the Regional Automatic Aid IGA. Scope Over the course of the firefighter recruit academy the following skills will be covered:  Physical Fitness  Peer Support  EMS Training  Haz Mat / Special Ops  Vehicle Safety  Fireground Skills o SCBA o Hose Lays o Search & Rescue o Ventilation o Forcible Entry o Hose Management o Ground Ladders  Live Fire Training o Intro to Heat o Flashover o Functional Burns o Car Fires  Ladder Functions o Extrication o Salvage & Overhaul o Commercial Ventilation  Building Construction  High Rise  Fireground Survival  Power & Hand Tools  Communications  Tactics  Utilities 36 Last revised: February 2, 2024  Violent Incident Training  Extinguishers  Cancer Awareness & prevention  Safety  Professional Standards  Firefighter Survival  Urban Interface  Mental Health / Peer Support Course Length 14-16 weeks (dependent on City Holidays) 550 Hours - M-F 0700-1600 Prerequisites Arizona State EMT IAFF Certified CPAT CPR Certification:  American Heart Association (AHA) - Health Care Provider  American Red Cross (ARC) - CPR for the Professional Rescuer  National Safety Council (NSC) – Equivalent Qualification Testing/Certification Students will be evaluated and tested on their knowledge, skills and abilities throughout the academy. At the end of the recruit training academy, recruits who have not previously obtained Arizona State Firefighter 1 & 2 certification will be required to complete that testing process. The Arizona Center for Fire Service Excellence administers the test including practical skills evaluations and a written exam. Upon completion of that exam, recruits will be Firefighter 1 & 2 certified. Upon completion of the recruit academy recruits become Probationary Firefighters and work under the supervision of a Field Training Officer for up to 9 months. Evaluation Strategy Practical Skills will be assessed through skills evaluations via iPad and a training database. Results are shared with recruits. Instructor Certification The Glendale Fire Recruit Training Academy is taught by Regional Fire Captains and subject matter experts in not more than a 4 to 1 student/instructor ratio. It is recommended that instructors obtain EDU250 from the MCCCD and Fire Instructor 1 certification. Cost $4,500 per recruit If a participating regional City sends a Recruit Training Officer (RTO) for the length of the academy the price for 1 recruit will be waived per RTO participating. 37 Last revised: February 2, 2024 EXHIBIT B - ASSUMPTION OF RISK AND RELEASE AGREEMENT ASSUMPTION OF RISK AND RELEASE AGREEMENT CITY OF GLENDALE PUBLIC SAFETY TRAINING THIS IS A RELEASE OF LEGAL RIGHTS – READ AND UNDERSTAND BEFORE SIGNING I, hereby agree as follows: 1. Risk of Activity. I understand that participation in training exercises (‘Activities”) with the City of Glendale and its affiliated training vendors (“City”), at the City and or affiliated vendor locations (“Site(s)) involves inherent risk of physical injury and illness associated with and arising out of my presence at the Site and participation in the Activities. I have made my own investigation of these risks and fully accept these risks. I am thoroughly familiar with the type of exercise and physical ability necessary to attempt the Training. I represent that to the best of my knowledge my health and physical condition are excellent and that I am physically capable of participating in Training. I understand that the Training is dangerous and includes the risk of serious injury, burns, illness, death, or permanent disability. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of the City. I am knowingly and voluntarily participating in the Training with an understanding of the risks involved and hereby agree to accept and assume any and all risks of injury, illness, death, or permanent disability I incur, whether caused by the City or otherwise. 2. Waiver of Liability. I understand the City is not responsible for any injury or loss I may suffer while participating in Activities at the Site. I hereby completely and unconditionally release and forever discharge City, its officials, officers, employees, agents, and all other participants, from all injury, loss, damage, accident, delay, or expense, arising out of any Activities at the Site. 3. Health and Safety. a. I have consulted with a medical doctor with regard to my personal medical needs. There are no health-related reasons or conditions precluding or restricting my participation in Activities at the Site. b. I have arranged, through insurance, or otherwise, to meet any and all needs for payment of medical costs while I participate in Activities at the Site. I acknowledge and understand City is not obligated to attend to any of my medical or medication needs, and I assume all risk and responsibility therefrom. If I require medical treatment or hospital care during the Activities, City is not responsible for the cost or quality of such treatment or care. c. Subject to medical decision-making, Corrective Action and Preventive Action (CAPA) I acknowledge and understand City may, but is not obligated to, take any action it considers warranted under the circumstances regarding my health and safety. I agree to pay all expenses related thereto and release City from any liability for any actions taken. 38 Last revised: February 2, 2024 4. Standard of Conduct. I agree to comply with all City’s rules, standards, and instructions while a participant in Activities at the Site, including but not limited to, the City of Glendale Fire Department Rules and Regulations, as amended. I waive and release all claims against City for my failure to remain under the supervision of City personnel or to comply with such rules, standards, and instructions. 5. Assumption of Risk and Release of Claims. Knowing the risks described above, and in consideration of being permitted to participate in Activities at the Site, I agree, on behalf of myself, family, heirs, and personal representative(s), to assume all risks and responsibilities surrounding my participation in Activities at the Site. To the maximum extent permitted by law, I release and indemnify City, its officials, officers, employees, and agents, from and against any present or future claim, loss, or liability for injury to person or property which I may suffer, or for which I may be liable to any other person, during my participation in Activities at the Site, including periods in transit to or from the Site. 6. INDEMNITY: I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY THE INDEMNIFIED PARTY ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD- PARTY RELATED TO MY PARTICIPATION IN THE TRAINING. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE REALEASEES, IN INSTANCES WHERE SUCH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT CAUSES PERSONAL OR BODILY INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT I AND THE RELEASEES ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA. 7. No Joint Venture: I understand that no term or provision in this Agreement is intended to create a partnership, joint venture or agency arrangement between any of the Parties. I further understand that neither Party shall be deemed to be an employee or agent of the other Party to this Agreement. To the extent applicable by law, I will not be deemed to be the employee, agent, or servant of the City. I understand that where I am included as a “student” that does not deem me to be an employee or agent of the City. 8. Workers Compensation: For the purposes of workers’ compensation coverage, the agency which regularly employs an employee entitled to workers’ compensation arising out of work associated with this Waiver shall be the agency solely liable for payment of all approved workers’ compensation and related benefits. 9. If any one or more of the provisions in this waiver are determined to be invalid, illegal, or unenforceable, it shall not affect any other provision of this waiver, and this waiver shall be construed as if such invalid provision had never been contained in this waiver. In any legal action in connection with this waiver, the exclusive venue shall be in the courts of Maricopa County, 39 Last revised: February 2, 2024 Arizona and this waiver shall be construed in accordance with the laws of the State of Arizona. I have carefully read this Release Form and sign it voluntarily. No representations, statements, inducements, oral or written, apart from the foregoing written statement, have been made. This agreement shall become effective only upon receipt by City and shall be governed by and construed in accordance with the laws of the State of Arizona including City’s Charter and Municipal Ordinances. Venue for any action relating to or arising out of this agreement shall be in the Court for the City and County of Maricopa. Executed on this date. By Printed Name as Individual Signature Witness Printed Name Witness Signature Name of Department or Agency 40 Last revised: February 2, 2024 EXHIBIT C – AUTOMATIC AID SYSTEM PARTICIPANTS PARTICIPANT DATE APPROVED 1 Arizona Fire and Medical Authority 2 Avondale Fire and Medical 3 Buckeye Fire and Medical 4 Chandler Fire Department 5 Daisy Mountain Fire and Medical 6 El Mirage Fire Department 7 Fountain Hills Fire Department 8 Gilbert Fire Department 9 Glendale Fire Department 10 Goodyear Fire Department 11 Guadalupe Fire Department 12 Luke Air Force Base Fire Department 13 Maricopa Fire Department 14 Mesa Fire and Medical Department 15 Peoria Fire-Medical Department 16 Phoenix Fire Department 17 Queen Creek Fire & Medical Department 18 Rio Verde Fire District 19 Scottsdale Fire Department 20 Sun City Fire & Medical Department 21 Superstition Fire & Medical District 22 Surprise Fire-Medical Department 23 Tempe Fire Medical Rescue Department 24 Tolleson Fire Department 25 26 EXHIBIT C – OTHER TRAINING PARTICIPANTS PARTICIPANT DATE APPROVED 1 2 EXHIBIT C – OTHER TRAINING PARTICIPANTS FOR PD SIDE PARTICIPANT DATE APPROVED 1 Department of Public Safety (DPS) 2 Maricopa County Sheriff’s Office (MCSO) 3 Wickenburg Police Department 41 Last revised: February 2, 2024 EXHIBIT D – AGENCIES CONTACT INFORMATION AGENCY CONTACT INFORMATION Arizona Fire and Medical Authority 18818 N. Spanish Garden Drive Sun City West, AZ 85375 Attn: Mark Burdick, Fire Chief Phone: 623.544.5499 Fax: 623.544.5455 Avondale Fire and Medical 125 S. Avondale Blvd. Suite 100 Avondale, AZ 85323 Attn: Larry Rooney, Fire Chief Phone: 623.333.6101 Fax: None Buckeye Fire and Medical 21699 N. Yuma Rd., Ste. 101 Buckeye, AZ 85326 Attn: Jake Rhoades, Fire Chief Phone: 623.349.6723 Fax: 623.349.6750 Chandler Fire Department P.O. Box 4008, Mail Stop 801 Chandler, AZ 85244 Attn: Tom Dwiggins, Fire Chief Phone: 480.782.2136 Fax: 480.782.2125 Daisy Mountain Fire and Medical 41018 N. Daisy Mountain Dr. Anthem, AZ 85086 Attn: Brian Tobin, Fire Chief Phone: 623.465.7400 x 120 Fax: 623.551.5265 El Mirage Fire Department 13601 N. El Mirage Rd. El Mirage, AZ 85335 Attn: Mike Long, Fire Chief Phone: 623. 251.3509 Fax: 623. 583.8257 Fountain Hills Fire Department 16426 E Palisades Blvd Fountain Hills, AZ 85268 Attn: Dave Ott, Fire Chief Phone: 480.837.9820 Fax: 480.837.3145 Gilbert Fire Department 85 E. Civic Center Drive Gilbert, AZ 85296 Attn: Rob Duggan, Fire Chief Phone: 480.503.6332 Fax: 480.503.6360 Glendale Fire Department 11550 W. Glendale Ave Glendale, AZ 85307 Attn: Ryan Freeburg, Fire Chief Phone: 623.930.4401 Fax: 623.847.5313 Goodyear Fire Department 14455 W Van Buren St. E-102 (P.O. Box 5100) Goodyear, AZ 85338 Attn: Paul Luizzi, Fire Chief Phone: 623.882.7109 Fax: None Guadalupe Fire Department 9241 S. Avenida Del Yaqui Guadalupe, AZ 85283 Attn: Wayne Clement, Fire Chief Phone: 480.505.5389 Fax: None Luke Air Force Base Fire Department 20340 N. Estrella Pkwy Maricopa, AZ 85139 Attn: Darnell Walls, Fire Chief Phone:623.856.7424 Fax: 623.856.3004 Maricopa Fire Department 20340 N. Estrella Pkwy Maricopa, AZ 85139 Attn: Brad Pitassi, Fire Chief Phone: 520.494.2399 Fax: 520.568.1415 Mesa Fire and Medical Department 13 W. 1st Street Mesa, AZ 85201 Attn: Mary Cameli, Fire Chief Phone: 480.644.2101 Fax: 480.644.4460 42 Last revised: February 2, 2024 Peoria Fire-Medical Department 8401 West Monroe Street Peoria, AZ 85345 Attn: Gary Bernard, Fire Chief Phone: 602.354.6420 Fax: 602.773.7294 Phoenix Fire Department 150 S. 12th Street Phoenix, AZ 85034 Attn: Mike Duran, Fire Chief Phone: 602.256.3189 Fax: None Queen Creek Fire & Medical Department 22358 S. Ellsworth Road Queen Creek, AZ 85142 Attn: Vance Gray, Fire Chief Phone: 480.358.3372 Fax: 480.358.3133. Rio Verde Fire District 25608 N. Forest Road Rio Verde, AZ 85263 Attn: Scott Krushak, Fire Chief Phone: 480.361.3573 Fax: 480.471.1821 Scottsdale Fire Department 8401 E. Indian School Road Scottsdale, AZ 85251 Attn: Tom Shannon, Fire Chief Phone: 480.312.1821 Fax: 480.312.1887 Sun City Fire & Medical Department 18602 N. 99th Avenue Sun City, AZ 85373-1436 Attn: Rob Schmitz, Acting Fire Chief Phone: 623.974-2321 Fax: 623.972.1996 Superstition Fire & Medical District 565 N. Idaho Road Apache Junction, AZ 85119-4014 Attn: John Whitney, Fire Chief Phone: 480.982.4440 x121 Fax: 480.982.0183 Surprise Fire-Medical Department 14250 W. Statler Plaza Ste. 101 Surprise, AZ 85374 Attn: Brenden Espie, Fire Chief Phone: 623.222.5027 Fax: 623.222.5001 Tempe Fire Medical Rescue Department 1400 E. Apache Blvd, 85281 Tempe, AZ 85280 Attn: Greg Ruiz, Fire Chief Phone: 480.858.7212 Fax: 480.858.7214 Tolleson Fire Department 203 N. 92nd Avenue Tolleson, AZ 85353 Attn: Rudy Mendoza, Interim Fire Chief Phone: 623.936.2742 Fax: None Department of Public Safety (DPS) 2222 W. Encanto Blvd. Phoenix, AZ 85009 Attn: Col.Jeffrey Glover, Director Phone: 602.223.2000 Fax: None Glendale Police Department 6835 N 57th Drive Glendale, AZ 85301 Attn: Chris Briggs, Chief of Police Phone: 623.930.3059 Fax: Maricopa County Sheriff’s Office (MCSO) 550 West Jackson Phoenix, AZ 85003 Attn: Chief Deputy Russ Skinner Phone:602.876.1000 Fax: Wickenburg Police Department 1980 W Wickenburg Way Wickenburg, AZ 85390 Attn: Les Brown, Chief of Police Phone: 928.684.5411 Fax: 928.259.2416 ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Fire Department Prepared by: Dave Ott, Fire Chief Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-11 to enter into a Lease Agreement between the Town and American Medical Response of Maricopa, LLC (AMR) for housing of the ambulance crew at Fire Station 2. Staff Summary (Background) The previous ambulance lease with American Medical Response (AMR) ended with the termination of the Rural Metro Fire Services Agreement. A new agreement for ambulance services is now necessary in order to align with the Fountain Hills Fire Department. As such, a lease has been developed that will allow for an AMR ambulance to be housed at Station 2, providing two, 110 square foot sleeping rooms, bathroom facilities, and access to shared common space totaling 610 square feet. It also provides space for ambulance parking. Co-location of both services is a mutually beneficial agreement which provides the needed accommodations for AMR as well as critical lifesaving services for residents. This arrangement allows AMR to provide a "move up" ambulance to reduce response times during peak patient transport hours. There is no comparable property or offering within the town that provides sleeping quarters and ambulance parking that operates in concert with Fountain Hills Fire services.  A Request for Proposal was issued prior to the termination of the Fire Services Agreement and AMR was the only submitter. The initial proposal requested close to a $1 million subsidy. Staff was able to eliminate the subsidy, in part, by negotiating a manageable lease for all involved. The lease, which directly mirrors the original lease with Rural Metro, is for an initial five-year team with two, two-year renewal options and includes an annual 3% escalator. The first year is contracted at $31,500.00. At the February 21 meeting, Council requested the contract be re-evaluated with an attempt to modify the annual escalator to correlate to the Consumer Price Index (CPI). This request was not met favorably by AMR as it is inconsistent with standard rental agreements. The original negotiated rate of 3% is the recommended rate. It is the recommendation of staff that this contract is the best option at this time for providing quality emergency medical transport for our residents.    Related Ordinance, Policy or Guiding Principle The overall guiding principle is to provide a high level of care and transport for our residents and visitors.  Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends the approval of Resolution 2024-11 to enter into a lease agreement with AMR for space at 10650 N. Fountain Hills Blvd. with the value increasing by 3% per year.  SUGGESTED MOTION MOVE to adopt Resolution 2024-11 approving the lease agreement between the Town of Fountain Hills and AMR for five years with two renewals.  Attachments RES 2024-11  Station 2 Lease  Form Review Inbox Reviewed By Date Fire Chief (Originator)Dave Ott 03/05/2024 04:03 PM Finance Director David Pock 03/05/2024 05:55 PM Fire Chief (Originator)Dave Ott 03/06/2024 06:32 AM Finance Director David Pock 03/06/2024 08:22 AM Town Attorney Aaron D. Arnson 03/06/2024 09:41 AM Town Manager Rachael Goodwin 03/07/2024 02:43 PM Form Started By: Dave Ott Started On: 03/05/2024 03:08 PM Final Approval Date: 03/07/2024  RESOLUTION NO. 2024-11 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE RELATING TO MUTUAL ASSISTANCE FOR FIRES AND OTHER EMERGENCY INCIDENTS. WHEREAS, the Town desires to coordinate with the City of Scottsdale, a political subdivision of the State of Arizona, to assure for mutual aid and improve the nature and coordination of emergency assistance; and WHEREAS, the Town desires to adequately prepare for emergencies to improve public safety readiness; and WHEREAS, Scottsdale is a community which borders the Town of Fountain Hills and pooling resources is in the mutual interest of both the City and Town. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (the "Agreement"), in substantially the form attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. [Signatures on following page] PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this ____day of ___, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ____________________________ __________________________ Ginny Dickcy, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: _______________________________ _____________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Fire Department Prepared by: Dave Ott, Fire Chief Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-12 for an Intergovernmental Agreement with the City of Scottsdale for mutual assistance for fire and EMS related incidents.  Staff Summary (Background) This is a new Intergovernmental Agreement (IGA) with the City of Scottsdale and the Town for fire and EMS mutual aid assistance for emergency situations that require additional resources or in the event our units are not available. This is a reciprocal agreement that will allow us to provide service to the City of Scottsdale for the same reasons. This IGA formalizes the verbal agreement between the respective Fire Chiefs. This IGA is active for 10 years and will be nullified at such time Fountain Hills is accepted into the Automatic Aid system. It also allows for interactive training between the two fire departments. Related Ordinance, Policy or Guiding Principle The guiding principle is to provide the highest level of fire and EMS service for the residents of Fountain Hills and to provide additional services to our neighboring fire departments in the event of emergencies.  Risk Analysis Establishing an IGA memorializes the agreement between both municipalities. Without this written commitment, both parties rely on a verbal agreement and good will to provide services for each.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the IGA for mutual assistance for fires and other emergency incidents with the City of Scottsdale. SUGGESTED MOTION MOVE to Adopted Resolution 2024-12 approving the IGA for mutual aid with the City of Scottsdale for assistance for fire and emergency services.  Attachments Resolution 2024-12  Scottsdale IGA  Form Review Inbox Reviewed By Date Fire Chief (Originator)Dave Ott 03/05/2024 09:30 AM Finance Director David Pock 03/05/2024 02:46 PM Town Attorney Aaron D. Arnson 03/05/2024 03:17 PM Town Manager Rachael Goodwin 03/07/2024 02:43 PM Form Started By: Dave Ott Started On: 03/05/2024 08:50 AM Final Approval Date: 03/07/2024  RESOLUTION NO. 2024-12 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE RELATING TO MUTUAL ASSISTANCE FOR FIRES AND OTHER EMERGENCY INCIDENTS. WHEREAS, the Town desires to coordinate with the City of Scottsdale, a political subdivision of the State of Arizona, to assure for mutual aid and improve the nature and coordination of emergency assistance; and WHEREAS, the Town desires to adequately prepare for emergencies to improve public safety readiness; and WHEREAS, Scottsdale is a community which borders the Town of Fountain Hills and pooling resources is in the mutual interest of both the City and Town. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (the "Agreement"), in substantially the form attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. [Signatures on following page] PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this ____day of ___, 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 Contract No.: 2024-051-COS Resolution No.: 13069 15148891v2 Page 1 of 8 INTERGOVERNMENTAL AGREEMENT FOR FIRE SERVICE MUTUAL AID BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE CITY OF SCOTTSDALE THIS INTERGOVERNMENTAL AGREEMENT made and entered into March 19, 2024 (“Effective Date”), by and between the Town of Fountain Hills, (hereinafter the "Town"), an Arizona municipal corporation, and the City of Scottsdale, (hereinafter the "City"), an Arizona municipal corporation (each individually a “Party” and collectively the “Parties”). RECITALS The Town and the City may provide for mutual assistance for fires and other emergency incidents within their jurisdictional boundaries as described under the terms of this Agreement; and It is the desire of the Town and the City to improve the nature and coordination of emergency assistance to incidents that threaten the loss of life or property within the geographic boundaries of their respective jurisdictions; and The Town and the City desire to enter this Agreement for mutual aid and assistance to improve public safety, encourage the development of cooperative procedures and protocols, including, but not limited to communications coordination, training, health and safety, and other activities that will enhance the ability of the individual fire departments to fulfill their missions; and The Town is authorized, pursuant to Arizona Revised Statues (A.R.S.) §§11-951 et. seq. and the Fountain Hills Town Code, Chapter 3, Article 5, Section 3-5-1, to enter into this Agreement; and The City is authorized, pursuant to A.R.S. §§11-951 et. seq. and the Charter of the City of Scottsdale, Article I, Section 3-1, to enter into this Agreement. WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants, conditions, and agreements contained herein, it is hereby agreed as follows: 1.0 Term 1.1 The above recitations are incorporated by this reference. 1.2 The term of this agreement shall be for a period of ten (10) years unless otherwise terminated pursuant to the terms of this Agreement. 1.3 This Agreement may be terminated by either Party, with or without cause, upon the giving of sixty (60) days prior written notice to the other Party. Contract No.: 2024-051-COS Resolution No.: 13069 15148891v2 Page 2 of 8 2.0 Fees for Training 2.1 Prior to the commencement of any training under this Agreement, the Parties will agree to the basic elements of the particular training or activity, including but not limited to a description of the training and its content; the location of the training; the number and names of employees who will be attending the training; and the Training Fees that have been agreed upon by the Parties. The agreed upon terms will be set forth in writing, signed by the contract administrators for the Parties (see Section 8.0, below). 3.0 Mutual Aid Understandings 3.1 Scope of Emergency Services: It is agreed that the scope of this Agreement includes requested assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extraction situations, and other types of emergency incidents that are within the standard scope of services provided by each of the respective fire departments, excluding, ambulance services. 3.2 Fire Department Responsible for Emergency Scene: The Fire Chief or designee of the jurisdiction requesting assistance shall be the sole judge of how much assistance is needed at any given emergency scene. The Fire Chief or designee of the Party receiving the request for assistance shall have the sole responsibility for determining, pursuant to the policies and circumstances then existing in his or her jurisdiction, the level and amount, if any, of emergency equipment and personnel to be sent to any given emergency scene in the requesting jurisdiction. Nothing in this Agreement shall be construed to require or mandate the provision of personnel or equipment to the other Party. Neither Party is in any way liable to the other or to any individual person, firm, or corporation for the determination to supply, limit the amount of assistance to be supplied, or not to supply emergency equipment or personnel to the scene of any given emergency. 3.3 Fire Chief in Control at Emergency Scene: The Fire Chief of the jurisdiction requesting assistance, or his or her designee, shall have the ultimate command and control of the scene of any given emergency. The assisting Fire Department units from the other jurisdiction shall operate under the direction and control of the Fire Chief or other authorized person in command of the emergency scene for the jurisdiction requesting assistance. The Parties hereto shall use the Incident Management System, as defined in the Phoenix Standard Operating Guidelines (http://phoenix.gov/FIRE/vol2index.pdf) of emergency scene control to insure proper communications, fire department resource management, and personnel safety. 3.4 Drills and Exercises: The Parties hereto agree to participate in multi-jurisdictional drills and exercises, training programs, pre-incident planning, post-incident critiques, and other activities intended to enhance safe and effective emergency operations when departmental schedules make them practical and feasible. 3.5 Other Agreements: Nothing contained herein shall prohibit either Party hereto from agreeing to participate in other specific contracts for emergency services, additional mutual aid, or automatic response agreements, nor providing mutual emergency assistance to other jurisdictions which are not parties to this Agreement. Contract No.: 2024-051-COS Resolution No.: 13069 15148891v2 Page 3 of 8 3.6 No Binding Obligation to Provide Assistance: Nothing contained herein shall be construed as creating a binding legal obligation to provide the resources, equipment, facilities, or personnel requested for such emergency assistance outside its geographic jurisdiction, by either the requesting Party or the assisting Party, either in the instance of the initial request for assistance or any future request for assistance. The Party responding to a call for assistance shall not be liable to the requesting Party for the determination to supply the requested assistance, not to supply the requested assistance, or to limit the amount of assistance supplied in response to a request for assistance. 3.7 Ownership of Equipment: Each Party hereto shall retain ownership of any equipment or property that Party brings to the performance of this Agreement and shall retain ultimate control and responsibility of its employees. 3.8 Compatibility of Equipment: To ensure compatibility of equipment, the Parties hereto shall maintain, as best as is reasonably possible, a mutually agreed upon inventory of equipment (based upon minimum NFPA Standards), including without limitation, hoses, couplings, pump capacity, communications equipment, and will maintain the minimum standard amount of equipment of each type of apparatus (as recommended by related NFPA Standards). The Parties agree to utilize the Maricopa County-wide apparatus numbering system and standardized terminology for apparatus. 3.9 No Reimbursement of Costs: Except as specifically agreed to by both Parties hereto, neither Party shall be reimbursed by the other Party for any costs incurred pursuant to providing assistance in accordance with the terms of this Agreement. In the event of a Declared Disaster, the Parties may apply for reimbursement from the County, State, and/or Federal governments. For Special Teams Operations, including but not limited to Hazardous Materials, Confined Space Rescues, Rope Rescues, and Swift Water Rescues, the Party requesting assistance shall be responsible for the cost of replacing disposable supplies used in the mitigation of the emergency incident by the assisting Party. 3.10 Mutual Aid Reciprocal: The parties agree that the mutual aid under this Agreement is reciprocal. While mutual aid does not ensure that a party will receive the exact same amount of assistance as it gives, it does mean that the Parties will provide some assistance outside its jurisdictional boundaries and that the level of service delivered within the terms of this Agreement will be comparable. 4.0 Employment Status and Compensation of Employees 4.1 Employee Benefits and Worker’s Compensation: The Parties shall each provide workers’ compensation insurance, salary, benefits, and appropriate equipment for their respective employees in accordance with applicable statutes, regulations, and policies. This Agreement is subject to the provisions of A.R.S. §23-1022, amended, and employees of each Party are deemed to be an employee of each Party., as d. Each party will be considered the primary employer and shall have sole responsibility for the payment of workers’ compensation benefits to its respective employees. Each party will comply with the notice provisions of A.R.S. §23-1022(E). Contract No.: 2024-051-COS Resolution No.: 13069 15148891v2 Page 4 of 8 4.2 Immigration and Reform Act of 1986: To the extent applicable, the Parties hereto understand and acknowledge the applicability of the Immigration and Reform and Control Act of 1986 (IRCA). Each Party hereto agrees to comply with the IRCA in performing under this Agreement and to permit inspecting of its personnel records to verify such compliance. 4.3 Compliance with E-Verify Program: The Town and the City will comply with the E-Verify Program as follows: 4.3.1 Warranty of Compliance. Under the provisions of A.R.S. §41-4401, both parties warrant to the other that each party will comply with all applicable Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Program under A.R.S. §23- 214(A). 4.3.2 Breach of Warranty. A breach of this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement. 4.3.3 Right to Inspect. Both parties retain the legal right to inspect the papers of any employee who works on this Agreement or subcontract to ensure compliance with the warranty given above. 4.3.4 Random Verification. Either party may conduct a random verification of the employment records of the other to ensure compliance with this warranty. 4.3.5 Federal Employment Verification Provisions – No Material Breach. A party will not be considered in material breach of the Agreement if it establishes that it has complied with the employments verification provisions prescribed by 8 USC § 1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A). 4.3.6 Each Party will indemnify, defend and hold each other party harmless from any loss, liability or other harm arising from or relating to the party’s failure to comply with this paragraph or the Unauthorized Worker Laws. This paragraph does not limit any of parties’ rights under other laws or under other provisions of this Agreement. 5.0 Nondiscrimination 5.1 The Parties to this Agreement shall comply with all applicable provisions of state and federal non-discrimination laws and regulations. No Party shall engage in any form of illegal discrimination with respect to applications for employment or student status or employees or students. 6.0 Hold Harmless 6.1 Each Party (as “indemnitor”) agrees to indemnify, defend, and held harmless the other Party (as “indemnitee”) from and against any and all claims, losses, liability, Contract No.: 2024-051-COS Resolution No.: 13069 15148891v2 Page 5 of 8 costs, or expenses (including reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers, contractors, and elected or appointed officials. 7.0 Notices 7.1 All notices or other communications provided herein shall be given and validly made when delivered personally or sent by certified mail, return receipt requested, postage prepaid to: Town of Fountain Hills: Fire Chief Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Az. 85268 Scottsdale: Fire Chief Scottsdale Fire Department 8401 E. Indian School Road Scottsdale, Arizona 85251 8.0 Contract Administrators 8.1 The contract administrators (“Contract Administrators”) for each of the Parties to this Agreement shall be the Fountain Hills Fire Chief (or designee) for the Town and the Scottsdale Fire Chief (or designee) for the City. The Contract Administrators shall be responsible for the day-to-day administration of the Agreement for their respective Parties. 9.0 Miscellaneous 9.1 No Third-Party Rights: No term or provision of this Agreement is intended to, nor shall it create any rights in any person, firm, corporation or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. 9.2 No Partnership or Joint Venture: No term or provision of this Agreement is intended to create a partnership, joint venture or agency arrangement between any of the Parties hereto. 9.3 Conflicting Agreements: If any provision of this Agreement is in conflict with the provisions set forth in the City’s Intergovernmental Agreement for the Phoenix Fire Department Regional Dispatch System or the City’s Automatic Aid Intergovernmental Agreement for Fire Protection and Other Emergency Services, the provisions of those Agreements shall control. 9.4 Conflict of Interest: The Parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511, as amended. Contract No.: 2024-051-COS Resolution No.: 13069 15148891v2 Page 6 of 8 9.5 Supersedes Prior Agreements: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. 9.6 Counterparts: This Agreement may be executed in counterparts. Each such counterpart shall for all purposes be deemed to be an original and all such counterparts together shall constitute one and the same instrument. Contract No.: 2024-051-COS Resolution No.: 13069 15148891v2 Page 7 of 8 THE PARTIES HAVE executed this instrument as of the date and year first set forth above. “City” CITY OF SCOTTSDALE, an Arizona municipal corporation David D. Ortega, City Mayor ATTEST: Ben Lane, City Clerk In accordance with the requirements of Arizona Revised Statutes § 11-952(D), the undersigned Attorneys acknowledge that (i) they have reviewed the above agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Sherry R. Scott, City Attorney By: Shane C. Morrison, Asst. City Atty. Contract No.: 2024-051-COS Resolution No.: 13069 15148891v2 Page 8 of 8 THE PARTIES HAVE executed this instrument as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Ginny Dicky, Town Mayor ATTEST: Linda Mendenhall, Town Clerk In accordance with the requirements of Arizona Revised Statutes § 11-952(D), the undersigned Attorneys acknowledge that (i) they have reviewed the above agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Aaron D. Arnson, Town Attorney ITEM 9. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 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 additional funding for construction of sidewalk gap elimination along Saguaro Boulevard and Palisades Boulevard Staff Summary (Background) Staff continuously looks for opportunities to improve the road network for all modes of transportation, with a focus on pedestrian safety. Most areas within the town prior to incorporation were constructed without sidewalks. Due to Council interest in making Fountain Hills more pedestrian friendly and to add greater connectivity for the community, town staff applied to the Maricopa Association of Governments (MAG) for federal funding for various transportation and pedestrian projects, including the installation of sidewalks to fill gaps in two corridors: (a) Palisades Blvd between Fountain Hills Blvd and Saguaro Blvd, and (b) Saguaro Blvd between Fountain Hills Blvd and Colony Drive.   This project will construct 8-foot sidewalks along both corridors. The project will fill gaps between existing sidewalks, complete full street block sidewalk lengths, connect to existing pedestrian generators (including schools, parks, churches, and commercial areas), and will address pedestrian safety (hazard removal, better accessibility, curb ramp upgrades along arterial streets). The project will also include utility relocations, driveway improvements, roadway narrowing, pavement obliteration and re-striping, retaining walls, landscape restoration, and sign relocation.   To date, the Town has invested $256,421.20   The total cost of construction for both corridors of the sidewalk gap project is $4,032,003 The federal grant for construction amounts is $3,510,821 with the Town’s match being an additional $521,812   The actual project costs exceed the Federal grant funding allocation of 94.30%. The Town is responsible for paying the difference between the actual costs of the project and the federal funds received.  A summary of the Federal Grant and Town share for this project is summarized below: Federal-aid funds           $3,510.821 Town’s match                 $   521,182                 Total –                            $4,032,003 To cover the funding gap for this project, staff have identified funding allocated in this year’s Capital Improvement budget for projects that have been completed under budget and projects that had matching funds that will not be undertaken due to the grants not being awarded. Related Ordinance, Policy or Guiding Principle Sidewalk infill (gap elimination) has been a top priority of the Town Council for several years. This project will provide construction on a new sidewalk and, in doing so, create a significantly safer walking paths. It is a key element and part of a comprehensive plan to improve pedestrian safety Town wide. Risk Analysis Not approving the additional funding will result in the project being cancelled, lost investment funding in the amount of $256,421.20, and will have a negative impact on grant funding for future projects. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of additional funding. SUGGESTED MOTION MOVE to Approve additional funding in the amount of $521,182, for construction of sidewalk along Saguaro Boulevard and Palisades Boulevard as well as all necessary budget transfers. Fiscal Impact Fiscal Impact:$521,182 Budget Reference:N/A Funding Source:Capital Projects Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments ADOT Recapitulation draft  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 03/07/2024 11:54 AM Finance Director David Pock 03/07/2024 12:54 PM Town Attorney Aaron D. Arnson 03/08/2024 01:16 PM Town Manager Rachael Goodwin 03/11/2024 09:10 AM Form Started By: Justin Weldy Started On: 03/06/2024 07:26 AM Final Approval Date: 03/11/2024  0000 MA FTH T031401C CREATED: 03/01/24 FTH-0(210)T REVISED: PALISADES BLVD & SAGUARO BLVD SIDEWALK GAPS ENGINEER: SS FHWA CONTRACTOR FEDERAL FEDERAL LOCAL LOCAL FUNDS LENGTH DESCRIPTION CODE BID PARTICIPATION FUNDS FUNDS IN MI 94.30%5.70%100.00% ROADWAY 28 3,366,765 2,870,401 2,706,788 163,613 496,364 2.265 SUBTOTAL 3,366,765 2,870,401 2,706,788 163,613 496,364 CONSTRUCTION ENGINEERING Fixed 17 466,900 466,900 440,287 26,613 POST DESIGN SERVICES Fixed 17 25,000 25,000 23,575 1,425 CONSTRUCTION CONTINGENCY 5% 28 168,338 143,520 135,339 8,181 24,818 PUBLIC RELATION 44 5,000 5,000 4,715 285 PROJECT TOTAL:4,032,003 3,510,821 3,310,704 200,117 521,182 2.265 NOTE: Version: 10/16/19 AGREEMENT ESTIMATE RECAPITULATION - DRAFT ITEM 9. H. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/19/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk 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 8  Legislative Bulletin - Issue 9  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 03/05/2024 12:18 PM Finance Director David Pock 03/05/2024 02:46 PM Town Attorney Aaron D. Arnson 03/05/2024 03:16 PM Town Manager Rachael Goodwin 03/07/2024 10:13 AM Form Started By: Linda Mendenhall Started On: 02/26/2024 09:23 AM Final Approval Date: 03/07/2024  Legislative Update: Welcome to Week 9 Welcome to the 9th week of the Arizona legislative session. 1,759 bills, resolutions, and memorials have been introduced. The deadline to consider measures in the opposite chamber is still a few weeks away. Last week, various measures were discussed on the floor of both the Senate and House, including in Committee of the Whole (COW) and for Third Read. This stage marks a crucial point in the legislative process where measures are either adopted or rejected by their respective chamber. The Arizona House of Representatives has scheduled floor action on Monday, with 17 members set to depart afterward for a week-long visit to Israel. Representative Alma Hernandez (D-Tucson) orchestrated the trip through a nonprofit organization. This visit takes place against the backdrop of the ongoing Israeli-Palestinian conflict and follows the House's unanimous adoption of HCR2009 earlier this year, expressing support for Israel. Upon their return, members will have a tight window of two weeks to address pending measures in committee before the March 22nd deadline. Full House The House of Representatives has returned to full capacity following the appointment of Dr. Elda Luna-Najera by the Maricopa County Board of Supervisors to the vacant LD22 seat. Dr. Luna-Najera holds positions as a school administrator in the Agua Fria Union High School District and as a board member for the Tolleson Union High School District. This marks the fourth House appointment made by the Board in the current legislative session. Notably, the 2023 session also witnessed four appointments due to the resignations of Senator Steve Kaiser (R-Phoenix) and both Democratic leaders, Senator Raquel Teran (D-Phoenix) and Rep. Andres Cano (D-Tucson), along with the expulsion of Rep. Liz Harris (R-Chandler). Fix to the Election Fix HB2785 primary; identification; canvass; recounts; ballots (Kolodin), stands as the sole bill signed into law during this legislative session. This emergency measure aimed to resolve concerns raised by County Recorders, addressing potential obstacles that could have impeded election officials from meeting federal deadlines and certifying the election in time for the convening of the Electoral College. Despite its intended purpose, the language adopted has raised concerns flagged by municipal clerks, who have drawn attention to several issues within the legislation. Last Monday, SB1429 candidates; electronic signatures; limit (Bennett) underwent amendments. The amendments included provisions to (1) facilitate the relocation of duly noticed elections from the original August 6 primary date to the new July 30 date; (2) provide clarity that candidates' nomination petition signatures remain valid despite the date changes; and (3) specify that only municipalities with agreements with their respective counties for identification verification are mandated to stay open during the weekend preceding and following an election involving a federal office. The amended bill successfully passed with a vote of 27-2. Despite the revised edition of SB1429 being forwarded to the House and designated for review by the Municipal Oversight and Elections Committee, the Committee has scheduled a Special Meeting on Monday at 1 pm to deliberate on identical amendment language proposed for a different bill, SB1285 local candidates; petitions; electronic signatures (Hoffman). Regardless of which bill eventually progresses through the legislative process, it must be signed into law by March 15 to effectively address the weekend curing issue before the March 19 Presidential Preference Election. Third Read Calendars The bills below passed their chambers of origin last week and have now been transmitted to the opposite chamber. HB2120 law enforcement; defunding; prohibition (Marshall) passed on a vote of 35-23. The bill prevents cities and towns from making budget decisions that may reduce their police department's operating budgets. If a municipality does reduce the budget, they must notify the State Treasurer who would then withhold state shared revenues in the same amount. It would further require a municipality to reduce all other department budgets by 50%. The bill does not contemplate administrative efficiencies, personnel changes, or the myriad other reasons that cities and towns may need to reduce the budget and the penalties outlined in the bill would only serve to further disrupt or discontinue core public services that residents depend on. Position: OPPOSE HB2275 settlement agreements; report; approval (Marshall) passed on a vote of 31-27. The bill imposes burdensome reporting and approval requirements on cities and towns regarding settlement agreements, adding unnecessary layers of bureaucracy. Requiring detailed reports and approval processes for settlements exceeding certain monetary thresholds can hinder the efficient resolution of legal matters. This additional oversight may deter municipalities from entering settlements even when it is in the best interest of the community, potentially leading to protracted legal disputes and court proceedings resulting in increased costs to taxpayers. Position: OPPOSE HB2734 public hearings; voting (Ortiz) passed on a vote of 41-18. The bill would allow only two public hearings on any residential rezoning cases, severely limiting public input and restricting the ability of municipalities and developers to collaborate and address identified issues. The bill does not consider other hearings that may be involved depending on the community or project including village planning committees and historic preservation commissions, nor would it allow for councils to continue a rezoning case to consider new information or community input. Position: OPPOSE Track the status of legislative measures here. League Resolutions and Priority Measures The League strategically outlines proposed legislative priorities through a series of resolutions. League resolutions, endorsed by a majority of the Resolutions Committee composed of all 91 mayors, reflect a unified effort to address crucial issues and advocate for the collective welfare of Arizona communities. Other priority measures include those widely supported by members. SB1030 body scanners; correctional facilities (Shope) would authorize cities and towns to use body scanning technology in their correctional facilities. The State and counties currently have that authorization, and municipalities hope to use the technology to prevent contraband that could pose a threat to inmates and staff. The bill passed the Senate on January 31 on a vote of 28-1 and will be heard in the House Committee on Military Affairs & Public Safety on Monday. 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: March Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate Committees April Friday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session Legislative Staff 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 Position: SUPPORT #Keepup withus on Twitter. Keep up with the issues and events. CLICK HERE League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. What the League is Tracking Stay informed about legislation that affects municipalities throughout thestate. Track proposed bills and resolutions, stay updated on their progress, and actively engage in the democratic process. Here are some priority measures the League is tracking: Legislative Bill Monitoring Legislative Update: Welcome to Week 10 Welcome to the 10th week of the Arizona legislative session. 1,759 bills, resolutions, and memorials have been introduced. Last week, the House of Representatives held a floor session on Monday to debate the merits of various bills before nearly a third of its members departed for Israel while the Senate continued its work as usual. This week and next are the final weeks for bills to be heard in committee prior to the deadline on Friday, March 22. Zoning Preemption HB2570 planning; home design; restrictions; prohibition (Biasiucci) passed the Senate on a vote of 16-13 and now heads to the Governor’s desk. The bill prevents all municipalities from requiring shared amenities and homeowners’ associations. It also severely restricts the ability of cities and towns with a population of 70,000 or more to regulate multiple aspects of residential development including setbacks, lot size, and lot coverage. The various zoning preemptions are ostensibly meant to spur “starter home” development though none of the bills’ provisions require homes built to be affordable. Instead, the bill would render obsolete years' worth of urban planning efforts and public participation. The legislation essentially allows developers to determine density, housing types, and, ultimately, the character of neighborhoods without consideration for existing residents or public infrastructure. Arizona’s cities and towns understand the need for continued collaboration and innovation in approaching the housing affordability crisis and rising homelessness. Mayors & Councils throughout the state have taken proactive steps to mitigate the impacts of rising home prices and the undersupply of affordable homes. This includes their support and adoption of provisions of last year’s SB1103 allowing administrative approval of various development plans to streamline processes and speed up residential development. In just the preceding five years, dozens of cities and towns have reduced single-family residential lot sizes and setback requirements, increased density, and zoned for “plex” developments. 37 currently allow for accessory dwelling units (ADUs) and 14 more are planning to allow for them. Additionally, many have partnered with private and non-profit entities for housing projects such as those targeted for low-income families in Gilbert, teachers and public safety personnel in Prescott, and those transitioning to permanent housing in Surprise. Although language in HB2570 declares local regulation a major impediment to housing affordability, that ignores macroeconomic factors and global disruptions that have largely contributed to our current housing landscape. The impacts of inflation, labor shortages, and supply chain issues stemming from the COVID-19 pandemic cannot be overstated. The League and its membership are supportive of commonsense reforms, many of which are actively moving through the legislature, but this bill undermines the decision-making of local elected leaders and the residents they answer to in determining the future of their individual communities. Upcoming Hearings The bills below are scheduled for committee hearings this week in the opposite chamber. HB2309 GPLET; agreement posting; abatement period (Grantham) will be heard in the Senate Committee on Finance & Commerce on Monday at 2PM. The bill reduces the abatement period from eight years to four years for GPLET thereby greatly reducing the value of one of the most effective economic development tools that municipalities have at their disposal. Position: OPPOSE SB1056 municipalities; counties; fee increases; vote (Petersen) will be heard in the House Government Committee on Wednesday at 10AM. The bill imposes minority-rule by requiring a supermajority of a local governing body to increase any assessment, tax, or fee. This is especially problematic given the tough choices cities and towns have had to consider to either reduce and cut public services or look to raise revenue elsewhere after the loss of $230M+ when the legislature repealed the rental tax. Position: OPPOSE HB2120 law enforcement; defunding; prohibition (Marshall) will be heard in the Senate Committee on Military Affairs & Public Safety on Wednesday at 2PM. The bill prevents cities and towns from making budget decisions that may reduce their police department's operating budgets. If a municipality does reduce the budget, they must notify the State Treasurer who would then withhold state shared revenues in the same amount. It would further require a 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: March Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate Committees April Friday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session municipality to reduce all other department budgets by 50%. The bill does not contemplate administrative efficiencies, personnel changes, or the myriad other reasons that cities and towns may need to reduce the budget and the penalties outlined in the bill would only serve to further disrupt or discontinue core public services that residents depend on. Position: OPPOSE View the updated status of legislative measures here. League Resolutions and Priority Measures The League strategically outlines proposed legislative priorities through a series of resolutions. League resolutions, endorsed by a majority of the Resolutions Committee composed of all 91 mayors, reflect a unified effort to address crucial issues and advocate for the collective welfare of Arizona communities. Other priority measures include those widely supported by members. SB1030 body scanners; correctional facilities (Shope) would authorize cities and towns to use body scanning technology in their correctional facilities. The State and counties currently have that authorization, and municipalities hope to use the technology to prevent contraband that could pose a threat to inmates and staff. The bill passed the Senate on January 31 on a vote of 28-1 and will be heard in the House Committee on Military Affairs & Public Safety on Monday. Position: SUPPORT Legislative Staff 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 withus on Twitter. Keep up with the issues and events. CLICK HERE What the League is Tracking Stay informed about legislation that affects municipalities throughout the state. Track proposed bills and resolutions, stay updated on their progress, and actively engage in the democratic process. Here are some prioritymeasures 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.