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HomeMy WebLinkAboutAGENDApacket__04-02-24_0408_591       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Sharron Grzybowski Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, APRIL 2, 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 April 2, 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 - Pastor Jake Rogers, Generation Church     3.ROLL CALL – Mayor Dickey     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.PROCLAMATION: Designation of April 2 - 8, 2024, as International Dark Sky Week.    B.RECOGNITION OF THE CITIZENS STREETS COMMITTEE MEMBERS     6.PRESENTATIONS     A.PRESENTATION: Cox Communications Update, Presented by Jamie Boyett, Manager, Government Affairs      B.PRESENTATION: Fire Department First Quarter Update     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   Town Council Regular Meeting of April 2, 2024 3   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 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 February 21, 2024.      B.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Approval of an Acquisition of Control Liquor License Application for the Batchelor Pad BBQ, located at 13407 N. La Montana Dr., Fountain Hills, Arizona, for a Series 12 Restaurant license.      C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-14, abandoning the 1' Vehicular Non Access Easement along the Miravista frontage of 15240 E Miravista (Application A24-000005)      9.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-15, directing the Town Attorney to not oppose Maricopa County Superior Court Action No. CV2024-004218 and to properly communicate such non-opposition to the court.      B.CONSIDERATION AND POSSIBLE ACTION: Ordinance number 24-09 modifying the Subdivision Ordinance Chapter 5,Grading Standards, Sections 5.04 B, 5.04 G, and 5.04 H to provide for clearing within Hillside Protection areas as needed for fire safety.     C.CONSIDERATION AND POSSIBLE ACTION: Direction to staff regarding the Final Design of the Town-Wide Municipal Wayfinding Sign Program.     D.CONSIDERATION AND POSSIBLE ACTION: Public Art Committee Pumphouse Project Expressions Update     E.CONSIDERATION OF Adopting the Town of Fountain Hills Ethical Artificial Intelligence (AI) Policy.     F.CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed or pending before the State Legislature.    Town Council Regular Meeting of April 2, 2024 4     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 April 2, 2024 5   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 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 April 2 - 8, 2024, as International Dark Sky Week. Staff Summary (Background) Mayor Dickey will proclaim the week of April 2 - 8, 2024, as International Dark Sky Week. IDSW is an annual event occurring in April (Global Astronomy Month), during the week of the new moon when night skies are darkest. This year, it will be held April 2–8, 2024, to end on the Great North American Eclipse. Attachments PROCLAMATION: Designation of April 2 - 8, 2024, as International Dark Sky Week  Form Review Form Started By: Angela Padgett-Espiritu Started On: 03/25/2024 03:44 PM Final Approval Date: 03/25/2024  Town of Fountain Hills Proclamation INTERNATIONAL DARK SKY WEEK April 2 – April 8, 2024 WHEREAS, the aesthetic beauty and wonder of a natural night sky is a shared heritage of all humankind; and WHEREAS, the experience of standing beneath a starry night sky inspires feelings of wonder and awe, and encourages a growing interest in science and nature, especially among young people and out-of-area visitors within the local communities; and WHEREAS, light pollution has scientifically established economic and environmental consequences, which result in significant impacts on the ecology and human health of all communities; and WHEREAS, Arizona hosts 10% of the world’s largest telescopes—including the world’s largest optical telescope—and many of the world’s most revered observatories, including the Lowell Observatory, the Smithsonian Astrophysical Observatory/Whipple Observatory, the University of Arizona’s MMT and Large Binocular Telescope Observatories, Kitt Peak National Observatory, the Vatican Observatory and in the future, the International Dark Sky Discovery Center; and WHEREAS, optical astronomy—which is both hindered and endangered by unfettered light pollution—represents a statewide capital investment of more than $1.3 billion and an annual economic return of over $250 million, including an indirect attachment to more than 150,000 jobs through the aerospace and defense sector; and WHEREAS, Fountain Hills Dark Sky Association provides free education, resources, and solutions to the public to encourage the protection of and enjoyment of dark skies and responsible outdoor lighting. NOW, THEREFORE BE IT RESOLVED that I, Mayor Ginny Dickey on behalf of the Town of Fountain Hills proclaim the week of April 2 – April 8, 2024, as INTERNATIONAL DARK SKY WEEK and ask each resident to join me not only in observing this important week but also in raising awareness and support for protecting our precious dark sky resources. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona this 2nd day of April, 2024. ______________________________________ Ginny Dickey, Mayor ATTEST: ___________________________________ Linda G. Mendenhall, Town Clerk ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 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 February 21, 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 February 21, 2024. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of February 21, 2024, as presented. Attachments Verbatim Transcript  Form Review Form Started By: Linda Mendenhall Started On: 03/25/2024 03:17 PM Final Approval Date: 03/25/2024  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 21, 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; Executive Assistant Angela Espiritu Audience: Approximately thirty members of the public were present. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 1 of 41 Post-Production File Town of Fountain Hills Town Council Meeting Minutes February 21, 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 21, 2024 TOWN COUNCIL MEETING MINUTES Page 2 of 41 MAYOR DICKEY: Good evening everyone. Thanks so much for coming. Please stand for the pledge and if you 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: Pastor Keith Pavia from Christ Church. Hi. PAVIA: Thank you, Ms. Mayor, and everyone on the council. Bow your heads. Dear God, we come here today just to give you this meeting and help us to keep integrity at the forefront, to just work together to have peace and joy and love as we help this town grow and be the best it can be. We thank you and we ask all this in Jesus name. Amen. ALL: Amen. MAYOR DICKEY: Thank you. We have Angela here as our clerk. Can we have the roll call, please? ESPIRITU: Mayor Dickey MAYOR DICKEY: Here. ESPIRITU: Vice Mayor Grzybowski? GRZYBOWSKI: Present. ESPIRITU: Councilmember Friedel? FRIEDEL: Present. ESPIRITU: Councilmember McMahon? MCMAHON: Present. ESPIRITU: Councilmember Kalivianakis ? KALIVIANAKIS: Present. ESPIRITU: Councilmember Toth? TOTH: Present. ESPIRITU: Councilmember Skillicorn. SKILLICORN: Here. ESPIRITU: 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 TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 3 of 41 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. Angela. Please note her words for tonight because we're going to be enforcing them and our rules of procedure with little to no flexibility for the time being. This isn't the way I usually would proceed with things or really needed to in the past. I've always liked people to finish their sentences and such, but -- and welcome conversation and encourage input, but our meetings have become habitually long, untenable as a means to do business in a reasonable way. So for the good of the public interest, we'll be doing that. Council, and staff, and guests, and those with items that are before us and our community at large expect professionalism and respect from us and from each other. Therefore, as described by our attorney and our rules of procedure, as previously announced, the town clerk will not accept comment cards for calls to the public or for an agenda item once that item has been announced. And speakers are limited to the three minutes. We'll be enforcing the basic procedure that all present in the chambers speak through the chair and be recognized. If the speaker is not recognized, they could be called out of order. I'm not going to be automatically recognizing points of personal privilege. Points of personal privilege are not prescribed for in our rules of procedure and, in any event, are within the discretion of the chair of a meeting to grant. Further, I will not be having requests to explain the vote because there is ample opportunity to discuss all items and explain our reasoning before we take the roll call. Also, as stated at a recent meeting, reports from the council are reserved for providing TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 4 of 41 an update on activities performed in our official capacities. It's not an appropriate time to express opinions or provide extra information. And the reason for that, of course, is -- and also during the call to the public has to do with open meeting law. So back and forth with the public is not allowed. While we can respond to direct criticism and, again, ask staff to look for other items and put them on a future agenda, we are restricted -- restricted by open meeting laws that make it impossible to have debates or one sided comments. Since the topic is not on an agenda, the public wouldn't be afforded the opportunity to participate and that's a violation of state law. I've been informed by legal counsel of the options we have to maintain professional conduct and decorum, which includes, you know, the gavel as usual but also can include recessing and adjourning meetings. I'm reluctant to do any of those things. I never want to. I don't want to use the gavel. So I'm asking for your help in this and asking for your consideration. And with that, I will ask our manager, Rachel Goodwin, for her announcements or activities to report from the last couple of weeks and anything coming up. GOODWIN: Thank you, Mayor. Council, guests, I just want to give a little credit to all of the events that we've had going on. Last weekend was no exception. It was beautiful. We had our skate park competition where we had 37 competitive entries as well as over 200 spectators come out to enjoy our new skate park. We also welcomed the delayed, but no less wonderful, Concourse in the Hills where we had 1,000 cars and about 5 helicopters on site. Again, really well attended. This weekend is the fair. So a reminder to our locals to come out and join us for the fair. There will be road closures in effect, so plan for that. And then lastly, just a reminder that our Community Center will serve as a ballot drop- off station only starting Monday. It'll run Monday through Friday next week. That's what I have. Thank you. TOTH: Hi, Mayor. I attended the Fountain Hills Republican Club's candidate forum on Saturday. What an awesome opportunity to hear from some of our candidates running TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 5 of 41 for office this year. We had, of course, Councilmember Friedel, Gail Earle, Matt Corrigan, Rick Watts from our Planning and Zoning. And it was really exciting to hear from them. So just a cool opportunity to let your voice be heard and let voters make their decision this year. GRZYBOWSKI: I feel like it was a really long two weeks. A whole lot of stuff went on. Arizona League of Cities and Towns, we actually only had one call this go round because we just had the switchover week where the Senate sends their stuff to the House, and the House sends their stuff to the Senate. So we only had one call from them. I also attended the Fort McDowell Yavapai Nation Council inauguration. Their new president, Sandy Pattea, used to be on the River of Time Museum board, which I have been on. So we all got a table. It was super exciting to see her get inaugurated as president of Fort McDowell. That was pretty cool. Of course, sadly, that means we have a vacant spot on our board because she can't do both. There's no way she has time to do both. And then I want to be excited about Stellar Student Day. We love today. It is so much fun to see the audience filled up and see the young people and the energy in the audience. Thank you guys for coming. Thank you for what you do. We appreciate you for being here. Thank you Mayor. MAYOR DICKEY: Thank you. FRIEDEL: Thank you, Mayor. The skate park competition was unbelievable, very crowded, as Rachel mentioned. And also the Concourse in the Hill, it was a little bit slow in the early hours. Maybe a lot of people were at services, but it really picked up during the day. And I heard a lot of our vendors did really well down there as far as selling food in there. The farmer's market is in full swing on Wednesdays here in town. And I did do a business retention call with Amanda, our economic development director, and it was a very interesting one. So thank you. MAYOR DICKEY: Thank you. MCMAHON: Good evening, everyone. This past Saturday, the Rotary held a Health Fair TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 6 of 41 at the elementary school, and it was really, really great because it was -- there were a lot of vendors there, and they were all local businesses that have to do with the health and welfare of our community. And they are very engaged, and they offer some really pretty terrific services. Also, the community band played Sunday night. And it was really, really a nice event. The choir joined them, so it was extra nice. And I also attended the grand opening of the Phoenix-Mesa Gateway Airport. There is a whole new addition on it, and it just opened today, and there'll be more and more flights out of there. So it's going to be very, very convenient for the people in that area. So thank you. MAYOR DICKEY: Thank you. Councilman? KALIVIANAKIS: Thank you, Ms. Mayor, and good evening, everybody. And once again, thank you for coming. Thank you for viewing us on Cox Channel 11 for livestreaming on YouTube and for, of course, being here tonight. As our Vice Mayor said, it was an extremely busy two weeks. And so I'm going to take what I normally articulate as the things I've been doing, and I'd just like to narrow it down to just three things that I had a chance to represent the Mayor, this council and the people of Fountain Hills. The first one was again with the Vice Mayor. We went to the 2024 inaugural of meet the tribe, the Fort McDowell Yavapai Nation. They swore in that night Gerald Doka as a councilmember, Ernestine Kill as the treasurer, and Sandra Pattea as the president- elect. It was just a beautiful ceremony at the Weekapaug; 450 people in attendance. And it just harkened back to ancestral rituals, respect for past leaders, cultural traditions, and folklore traditions. It was an amazing thing to attend and to be there. They had food and drink afterwards, refreshments, and I was just so proud that we could both be there to represent the town and to welcome them as their new leaders. The second thing that I did that I'd like to share is I did represent the Town of Fountain Hills, the Mayor and its people at the City of Chandler State of the City address. And that was a wonderful thing. We have quite a commitment with the City of TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 7 of 41 Chandler. And when the State gave her State of the Town speech, Governor Hartke was there last week with the MLK address. Several other councilmembers were there. And so we've got kind of a special relationship with our friends in Chandler. I was so proud to be there. Just to let you know what they cherish in Chandler, if you go on their website, they're committed to commitment, communication, diversity, innovation, integrity, personal responsibility, respect, and teamwork. And that shows in every one of their Town Council meetings. And so that was a wonderful thing to go to. Lastly I was fortunate enough -- this was at the Grand Canyon University on Sunday night and it was a Not in Our Town, A Night of Hope. That was just a beautiful event. It was actually in the main basketball arena that was filled with thousands of people. With 50 members of the clergy, with law enforcement, and with dignitaries and councilmembers, mayors, senators, state senators, and representatives from all over the State. As you recall last month, the mayor read a proclamation. And so we're one of the new cities to say, not in our town when it comes to trafficking. It's called The Night of Hope. NIOC is a community-centered coalition against human sex and labor trafficking. It unites local, state, federal law enforcement agents, legislators, city officials, frontline organizations, schools, faith communities to educate and equip the public in the fight against human trafficking. Human trafficking of young girls and boys is beyond illegal. It is pure evil. This is modern day slavery, and it's happening on our watch. These young people in many cases have given up hope. They wonder, does anybody remember me? Does anybody even know I'm here? It's up to me. It's up to you. It's up to this council. It's up to our state and local law enforcement, our churches, and our advocacy groups to care and to rescue these children that are being held hostage against their will. Human trafficking will not be tolerated, not in our city. Just one more thing where you can help. If you're looking at a car next to you, or you're at a mall, or you're at a bus station or a train station, the universal sign for distress, just put the thumb here, and the child will go like this. When they do that, that they're not TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 8 of 41 waving at you. They're saying, I'm in trouble, and I need somebody to rescue me. And so please keep that in mind because we're all the solution to this. We can't let this happen on our watch. And so I that's all I have to say tonight. Thank you very much for listening. As you can see, I'm very passionate about this because this is happening not hundreds of years ago, it's happening today, and it's got to stop. SKILLICORN: Thank you, Madam Mayor. Good evening, Fountain Hills. Good evening students. Good evening parents. And how can I not talk about the Fountain Hills Concourse? That was Sunday. What a success it was. What a crowd we had. How many, you know, amazing vehicles were there. But also, there were times that there were a bit of traffic, but it seemed like we alleviated that traffic very quickly. There were people parked like a block away from my house. So there was obviously, you know, parking spread out. So it was maybe a problem or a challenge. But it just really shows that -- how successful that event was. What a great thing it was for our businesses here. And Fountain Hills really shined Sunday. It didn't -- it doesn't hurt that it was a beautiful weather too. And frankly, I just -- I'm just reminded that Fountain Hills is really a city set on a hill, and it cannot be hidden. And you do not light a lamp and put it under a basket. And that is just -- that is actually Matthew 5:14. So thank you very much. It was just a great weekend. And that's my report for tonight. MAYOR DICKEY: Thank you. Again, I'll remind council that we're reporting on our activities, and I appreciate that. Just, I had a few things. Just the Greater Phoenix Economic Council Mayor Supervisors quarterly meeting, and they talked about the Commerce Authority's four year extension. I know Amanda is interested in that. Healthy international prospects, a lot of activity there. And energy grid resiliency is starting to emerge as an issue that is important to investors and businesses in the State of Arizona. 2024 Nonattainment for Air Quality. Everybody's trying to figure out a way to comply so that we can keep our, what they called, mute mega projects coming into the state. And TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 9 of 41 then Prop 479, which is the extension of Prop 400. Then the League Executive Committee, which I sit upon, we were fortunate to meet with the Governor in her office. And some of the things we talked about were rental tax, zoning bills, housing, and the sober living home bills that are going through legislature now that we support very much. And last, this morning I got to go to Coffee with a Cop, which was at the Starbucks at Target. So their staff, the Starbucks staff and the Target staff are there, the public, they came out to talk to our MCSO officers. And Fountain Hills Fire was there as well. So they were able to talk about topics. And it was just very casual and get to know each other. So that was very, very nice of them. And Target is talking about being interested in taking a more , I guess, position, like Make a Difference Day and things like that. So that's really cool. The next item that we do -- so bear with me because I have a lot of proclamations and things going on here. --but first, we've got our Stellar Students. So the way we do this, kids, is I'll read your name. I'll say what your teachers said about you. And then Angela, who's doing double or triple duty tonight, is going to come down, and she'll give you the certificates, and then we'll all take a picture together. And then while I'm down there, I'm going to be giving a couple of recognitions as well. So as always today we only have one from Little Falcons Preschool, and it's Saylor Gruszecki,. Is Saylor here? I see some movement. There we go. Hi, Saylor. So Saylor was selected for Stellar Students because of her tremendous growth this year in all areas of development. Saylor is excelling in her academic growth, and I'm so proud of her. Saylor is helpful to adults and peers. She's a very good friend and very patient with peers that are still learning. Saylor organizes play and takes on a leadership role, which is so helpful to her younger peers -- her younger peers. She doesn't leave anyone out and is always kind and understanding. For these reasons, I am nominating Saylor for Stellar Student of the month. Saylor. Next we're going to McDowell Mountain Elementary School, and it's Ellie Habicht. Is Ellie here? Hey, I hope I said your name right. Ellie is always a Stellar Student in PE TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 10 of 41 class. She sets a good example with her positive attitude and efforts. She always does her best and is a good friend to others. Ellie is always willing to help others and provide support. She is kind, compassionate and respectful and a pleasure to have in class. Ellie. All right. Next from McDowell, we've got Keaten Baxter. Is Keaten here? Come on up, Keaten. Keaten is a Stellar Student in PE, also. He always does his best in the activities. He's very athletic and a great basketball player. But the thing that makes him a Stellar Student is his positive attitude. He's always smiling. He's kind, and respectful, and helpful with cleanup after activities. He works hard, plays by the rules, and demonstrates good sportsmanship. Keaten Baxter. Moving up to the middle school, we have Ashley Aguilar-Navarro. Is Ashley here? Come on up, Ashley. Ashley comes into class ready to learn daily. I never have to ask her or remind her to get out her materials for the day or start her work. Her calm demeanor makes it easy to have her work and makes it easy to have her work with any student. Ashley is hardworking and a complete joy to have in my class. Ashley. Also from the middle school we have Evan Williamson. Is Evan -- there he comes. Evan is a very hardworking student. He comes to class happy and ready to learn. His home and classwork is always completed, and he has no problem helping others. He participates in class activities and even when the task is challenging. I'm always impressed by Evan's focus in class and his friendly demeanor. He's a joy to have in our class. That's Evan. Now we're going to the high school, and it's Allison Guerrette. Is Allison here? Allison? Come on up. She is an awesome kid in the classroom and out. She maintains good grades and really takes responsibility for her learning. She goes above and beyond as a student to ensure she's getting the most out of the class that she can. Outside of the classroom, she participates in extracurriculars like cross-country and band, representing a well-rounded Falcon. She also volunteers at various events just because she's a good human. She's the epitome of the Falcon way and definitely a Stellar Student. Allison. And from the high school we have Yahshua Harris. Is Yahshua here? Come on up. All TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 11 of 41 right. Yahshua embodies responsibility and excellence. He is a committed student. He not only submits his work on time, but even if he's absent, he takes ownership and makes up his work and keeps pace with the classroom. He's always striving for excellence in all he does. Yahshua. Whoops. I have to take this with me here. All right. You guys have to get close together. We're going to get a picture taken for the newspaper, okay? There you go. And then right there. Thumbs up. All right, you guys. Thank you so much. Okay. So now we're going to go to a proclamation. And then we're going to do a recognition. So the first proclamation we have is for Government Communicators Day. And I think Bo Larsen is the man of the hour. Where are you? Oh, there you are. So I was used to looking at you out there. Okay. So whereas the role of government communications profession is to inform, educate, and engage their communities. And whereas robust communication and government creates trust and inspires residents to take action and be involved. And whereas government communications create relationships and calls to action, builds awareness and understanding through storytelling and fostering engagement on civic issues, using all channels to include people in critical decisions. And whereas it is essential to have strong communications in government because it's a foundational element of living in a democracy where citizens have the freedom to make their voices heard. And whereas the Town of Fountain Hills has deep gratitude and recognition for government communicators' professionalism, dedication, hard work, commitment, enthusiasm, and sacrifice. So now, therefore, I, Ginny Dickey, Mayor, do hereby recognize February 24th, 2024 as Government Communicators Day and extend appreciation to our government communicator -- that's a mouthful -- Bo Larsen and to all who have dedicated their careers to ensure effective, impactful, and successful communication strategies that resonate and are relevant. Thank you Bo. And you have to talk. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 12 of 41 LARSEN: I don't know -- I don't know what to say. Well, thank you very much. Government communications is quite the profession, especially during these times. But it's one of the first lines of information that residents get. It starts with us. I share with Bob, I share with regional media, I share with national media, the good, and the bad, and the ugly. So it's all about getting the word out. It's about promoting events and promoting this great Town of Fountain Hills. And I know I'm one of the luckiest guys around in the world of government communications. So thank you. MAYOR DICKEY: Thank you. LARSEN: I have to do a -- . MAYOR DICKEY: I'll take that. LARSEN: Since I can't get my own picture, we're going to do a selfie. Take a selfie. All right. So there you go. Thank you. MAYOR DICKEY: Thank you. Thanks, Bob. LARSEN: Let's go. I'm not a non-selfie guy. MAYOR DICKEY: All right. Thank you. So is Kevin Beck here? Come on up. You get to hold the heavy one here. BECK: How are you? MAYOR DICKEY: I'm fine. BECK: Good. Thank you. MAYOR DICKEY: There you go. BECK: Thank you. MAYOR DICKEY: All right. Now I have the big -- the big writing. So this is our recognition of Kevin Beck. We'd like to express our gratitude to Kevin, who has served with distinction on the Strategic Planning Advisory Commission since his appointment by the Town Council in 2022. Throughout his tenure, Kevin has proven to be an involved and esteemed member of the Commission, providing significant contributions to key initiatives such as the 2022 Strategic Plan. The Town Council and his fellow commissioners are grateful for his dedicated service and the positive impact that you've had through your work on the Strategic Planning Advisory Commission. So we want to TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 13 of 41 thank you and ask you if you'd like to say a few things. BECK: Well, thank you. Thank you very much. We love Fountain Hills. We've been here about 13, 14 years. And what a treat. And we meet a lot of good people on the SPAC Committee and also with the International Dark Sky Development Center, which some of my friends are there. We made a quick move to be with our grandkids. We're getting old, downsizing, and being with family so no longer here in Fountain Hills unfortunately. But, thank you. MAYOR DICKEY: Well, we appreciate all your work. Thank you so much. We really appreciate it. Thank you. All right. Thank you everyone for your indulgence here. Thank you everyone. We have no presentations tonight so we go straight to call to the public. ESPIRITU: Thank you, Mayor. I want to start first with Crystal Cavanaugh, and then next will be Barry Wolborsky. CAVANAUGH: Good evening, Mayor and Council. P&Z is the usual setting to obtain pertinent information that the council needs to make fully informed decisions. P&Z asks the hard questions, gets the details and minutia regarding the specific development plans. They rejected this rezone due to the lack of key information. But just a few weeks later, you disregarded their concerns, and you approved it. Had you seen this specific plan with a specific development agreement regarding the 316 high density, 55 foot high apartment project with parking garage that you approved? No, you didn't. You saw a glossy, pretty picture up on the screen that they weren't even locked into. You then approved it, four to three. Since you voted on it, it does not go back to P&Z to get the details worked out. It does not come back to the council for any input. Without the referendum to slow this process down, it will be left entirely in the hands of John and Farhad to make any and all decisions about what's acceptable. No more input required from anyone. The council approved the rezone without a clear development agreement. This particular developer may not even be the one to build it. Did you think of that? If he sold the property to someone else with this rezone and vague guidelines, what TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 14 of 41 would they choose to build? While collecting the over 1800 signatures for the referendum, we found that many residents had no idea about this project. Some were just hearing about it. And why? Because there was only one public meeting with this Town Council. It did not go on over several transparent meetings in the public forum, as it should have, in order to nail down the necessary details and provide time for the public to become aware. But I have some questions. Just before being voted -- just before being voted down at P&Z, when Clayton pushed for that premature vote, why would the developer not want further discussion to make their case? I know commissioners did not -- did give them that option. Why would the developer be so confident of a yes vote as to quickly proceed on to Town Council? Why wouldn't the developer think that he should make some modifications, such as changes to density or height, for example? Perhaps add more green space, or add more parking, or even throw in a traffic light? Or how about presenting an agreement for a specific plan? Things that could encourage a council or community to get on board. Shouldn't a council take the needed time to get the best for their community? Why would a council have four prepared speeches ready to go January 17th when they hadn't even heard the developer's pitch that night or concerns from the public yet? If there was indeed a parking agreement, were all the councilmembers aware of it or just one? In the rush to approve the high density rezone without complete information, along with pushing community members to withdraw their signatures from petitions, the town, the Town Council and the chamber did a disservice to the residents. And that's why we have a referendum. WOLBORSKY: I'm Barry Wolborsky. I live here too. And my talk isn't going to be as exciting as the last one. Some time ago, several councilmembers spoke to our MCSO officers about spending more time patrolling in the neighborhoods and less time hiding on side roads and parking lots with radar guns. It seemed to work for a while, but the situation has returned and has gotten even worse than it was before. And last week I've seen a deputy parked on Arista Lane twice with their radar gun. Arista Lane, as you may TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 15 of 41 know, is about a half a mile west of Fry's and is right at the edge of our community. If this deputy had to respond to an emergency in town, he could not be further away and still be in town. With our uncertain MCSO staffing, this could be a major problem. I live on Sunset Drive. I've lived there for four and a half years and have never seen a deputy patrolling my street, ever. Our MCSO contract bills us for 300,000 miles per year of driving. I think since we're paying for all those miles, we ought to use them by having the deputies patrol the neighborhoods. ESPIRITU: Next we have Henry Male. MALE: Good evening and thank you, Mayor, Councilmembers. My name is Henry Male. I lived here for 20 years and I'm a -- full disclosure -- an independent running for Town Council. But that's not why I'm here. First, I just want to say that I'm dismayed that despite due process taking place, and that what I think is the right move to to help spur economic growth and vitality to this -- to this town and this community, we have people trying to undermine it with the call for referendum. And being told that it doesn't cost anything to do that is disingenuous and misleading in all means because there is indeed a talk -- there is a cost to this. Secondly, and again, I'm going to be short. I do want to call upon the council to adopt, you know, proper decorum. What we saw here at the last meeting and what has been going on here for a while is, well, it's embarrassing as an adult. You know, my wife and I have disagreed on every political forum there's been for 33 years. But we love each other and that's okay. You can be different. We don't have to agree, but we have to respect people. And that did not take place two weeks ago, and it has not been taken place uniformly recently with this council. And that's a shame. And it's an embarrassment. You're adults. You're a grownups. You've been elected by the town to represent the town, not a faction, not a person, but the town as a whole. You sitting up there -- and if God willing, I make it up here -- it's my job to represent everybody and to recognize everybody. But I don't have to understand or agree with them. I do have to respect them. And I'm asking and imploring this council to start respecting everybody. That's it. Thank you for listening. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 16 of 41 ESPIRITU: Next we have Ben Larrabee. And then after him will be Mathew Corrigan. LARRABEE: Howdy y'all. I'm Ben. So I want to address what happened in the last council meeting, which was also my first. And from what I understand, most are not that rowdy. I'd like to address the fact that multiple councilmembers sitting here today were called bigots for claiming that children are indoctrinated, groomed, and irreparably harmed by the LGBTQ movement and its allies, which puzzled me, because not only are all of these things true, it's impossible for anybody to deny them. So I figured I should drop by to correct the record. To claim that I heard that assaults don't happen in gender neutral bathrooms, this is a lie. See Irvine, California, or Riverside rather, where a student assaulted girls after flashing them in the locker room and then proceeded to beat them once they confronted him. See Peoria, right up the road, where a student was assaulted by another dysphoric student after he told him to stop scaring girls in the women's locker room. And of course, we all know Loudoun County, Virginia, where a couple of years ago, multiple girls were assaulted by a student who was allowed to use whichever bathroom he wanted. And of course, before anybody says that these are anecdotal evidence, just note that a survey of trans identifying inmates in Canadian prisons, half were convicted of sexual assault and upwards of 90 percent were convicted of violent crimes, well above the general prison population. It's important to note this for the same reason that after transitioning, people become more at risk for self-harm and depression. Why? For the simple fact of the matter is, when you deny somebody is in a false mental state, you put them at risk for continuing to deteriorate and then to harm themselves and those around them. Now to the claim that I heard that children are not being groomed, this is also a lie. In Appomattox, Virginia, a student was trafficked because her guidance counselor refused to tell her parents. MAYOR DICKEY: Sir, what does this have to do with business for the council? LARRABEE: I'm getting there, I'm getting there. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 17 of 41 UNIDENTIFIED FEMALE SPEAKER: This is Call to the Public, Mayor MAYOR DICKEY: I'm sorry? UNIDENTIFIED FEMALE SPEAKER: This is Call to the Public. MAYOR DICKEY: Call of the Public is for business. It absolutely does have to [cross-talk]. LARRABEE: Yes. And I'm getting there. And I'm getting there, and I reclaim my time. So a student was trafficked because her guidance counselor refused to tell her parents that she was transitioning. Instead, she was referred to an anonymous, gender affirming online forum that allowed her predator to court, stalk, and then abduct her. To the claim that I heard that transitioning does not harm children at all, this is a lie. The puberty blockers used on dysphoric teenagers permanently sterilize them. Other drugs that are used in the transition process cause a lifetime of health complications, ranging from mood swings, depression, osteoporosis, heart attacks, and multiple forms of cancer. And I wish to say to the councilmembers that pointing this out does not harm anybody. What does cause harm is ignoring the generational damage adults that should know better are inflicting on children to satisfy their own ideological and sexual preferences. So to councilmembers I say, you've done nothing wrong. You've said nothing wrong. So please ignore the noise and then get back to work. Thank you. CORRIGAN: Good evening, Mayor, Councilmembers. Mathew Corrigan, homeowner, full-time resident of Fountain Hills. I'd like to preface my written remarks tonight by saying that I'm encouraged by the Mayor's address previous to this meeting and I thought indicated maybe a change in in the way that we proceed. Maybe not. I support the U.S. Constitution First Amendment to free speech for all speakers in Fountain Hills, with the exception of those who violate Robert's Rules of Order in regard to disorderly conduct, threatening behavior, physical confrontation, and profanity. I do not support overreaching attempts to constrain speech as I stated to this Town Council on August 6th, 2023, in regard to Resolution 2023-30, which was rife with censorship. When I attended the 2-6-24 Town Council meeting two weeks ago, in regard to resolution -- pardon me -- was -- I was very disappointed with the Mayor. And let me TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 18 of 41 tell you why. Her apparent inability or unwillingness to control the meeting disturbed me. Councilmember Skillicorn and Councilmember Friedel were vilified by a speaker when questioned by Councilmember Friedel if the speaker was the source of a falsified, vile, lewd, and inflammatory image of the 45th president of the United States. She then made aggressive and threatening, profane-filled remarks directly pointed at Councilmembers Friedel and Skillicorn. The speaker later left the meeting while screaming profane slurs while exiting the building. The meeting was brought back to order, unfortunately not by the Mayor, but by the town attorney, who shouted stop and called for order. The Mayor seemed to defend rather than admonish, in my opinion, the disruptive behavior of the departing speaker. View the video if you don't agree with my stance. You can do that and judge for yourself. I suggest you begin with 1 hour and 20 minutes on the video or if you like, view the whole thing. It's your council. It's your decision. And as the public knows, full visibility is important. My hope in bringing this subject up tonight before the public is to encourage the Mayor to use more discretion in the future. I'm encouraged by what she said previously. Thank you. MAYOR DICKEY: Okay. Thank you. Obviously, the comments are people's opinions, and we'll just leave it at that. Our next item is our consent agenda. Can I get a motion, please? TOTH: Move to approve. GRZYBOWSKI: Second. MAYOR DICKEY: Yes, councilmember? KALIVIANAKIS: I'd like to pull 8C off the consent agenda and put on the regular agenda, Ms. Mayor. MAYOR DICKEY: Okay. So let's just say we have a motion to approve the consent agenda of A and B, right? Okay. Roll call, please. ESPIRITU: Councilmember Toth. TOTH: Aye. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 19 of 41 ESPIRITU: Councilmember Friedel. FRIEDEL: Aye. ESPIRITU: Councilmember Skillicorn. SKILLICORN: Aye ESPIRITU: Council member Kalivianakis. KALIVIANAKIS: Aye. ESPIRITU: Councilmember McMahon. MCMAHON: Aye. ESPIRITU: Vice-Mayor Grzybowski. GRZYBOWSKI: Aye. ESPIRITU: Mayor Dickey. MAYOR DICKEY: Aye. Thank you. So what we do in these circumstances is take that item and make it the first one on the regular agenda. So that would be approval of a lease agreement between the town and AMR ambulance services. And if you have questions, do you want to have Dave come up or the chief? KALIVIANAKIS: Can I just address the council and then -- MAYOR DICKEY: Oh, sure. KALIVIANAKIS: -- we can go in that direction? MAYOR DICKEY: Yeah. KALIVIANAKIS: Okay. Thank you. And thank you for pulling this off the consent agenda. This is for housing the AMR ambulance crew in our fire stations. The AMR, as proposed, will pay the town $31,500 for the first year for their entire crew to use our facilities. As we all know, with all the talk about apartment buildings and how expensive it is to live in Fountain Hills, $31,500 is what I think it would take to to live at Park Place for a single person for the year. And so it just seems to me that that figure is extraordinarily low. And we took Fire in-house, which is not profitable. But the ambulance services are extremely profitable for the ambulance provider. For them to only be compensating us for them to be staying in our fire stations that token amount, I find kind of offensive. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 20 of 41 The second thing is -- and there will be a 3 percent increase for the terms of the lease. The lease is for one 5-year term and for two 2 year renewals. As we all know, if you're keeping track of Fountain Hills current events, last year we passed a 7 percent cost of living adjustment to our staff because of the extraordinary expenses that people have been paying recently. And we've thought that was fair. I wish it could have actually been more. For AMR to be capped at 3 percent per year, that does not take the cost of living into effect. I wonder if the cost of living for this type of thing is 7 or 8 or 9 percent? We don't know how the future is going to roll. We don't know if there's going to be a recession next year, which I heard there might be. And so again, to say that -- to put a cap of three and not to acknowledge that that number should be based on reality, what's on the ground, what should be the cost of living be to increase that? I'm just a little uncomfortable with that. I did bring this to the attention of our town manager. And I told her I'd be pulling this off tonight. So at this point, you know what my concerns are. And if Chief Ott or somebody would like to address my concerns, I would really appreciate it. MAYOR DICKEY: Thank you. Chief, would you come up? I'd like -- you know, if you'd like to respond. And then I have a couple questions if you don't cover that. OTT: Good evening, Mayor and Council. We are 52 days strong as Fountain Hills Fire Department. I am not a rental lease expert. I will tell you that the amount in the original lease was based on what AMR had been paying at the Frys Center. We had , to give you a little background on that, around 2005, when Scottsdale Fire had gone on their own, it left a hole in the west end of town for stopping the clock on medical emergencies. Chief LaGreca had thought that if we put one of the ambulances in a storefront on the west end of town, that would help with our responses in those areas and get ALS response much quicker than when the ambulance was coming from the old Station 2 location down on Saguaro, kind of behind Target. The original fee was based on what they had been paying at the Target Center at that point up until 2018 when we moved them into the new Fire Station 2. And that works TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 21 of 41 out to about $2,600 a month at the 3,100 or $31,000 a year. So at that point it seemed that that was a reasonable expectation for rent. They do occupy two rooms and have a bathroom, shower, and cooking facilities in there. I don't know what that breaks down to square footage. But it's much less than a studio apartment, I would think, as we come into the two modest bunk rooms that they occupy. It also gives them the ability to park the ambulance. As we saw with their original proposal when we asked for two ambulances and they were wanting a subsidy on that, most private ambulance companies that have responses in contracts across the country are looking for some sort of subsidy. We were able to get them down to provide us one ambulance full-time here, and they're moving a second ambulance up at peak times, which for us is really the hours between 7 a.m. and probably 5 p.m. We seem to double up a lot of calls at that point. So they're moving that other ambulance up here again without the contract that requires a subsidy. We're not giving the space away. And we think that from our side that we think it's a reasonable expectation. It was tied to the original fire contract, and the original fire contract itself had the 3 percent escalator per year in there. And that, again, reflected back into the lease agreement that was there. Once the fire contract went away, the lease agreement was tied to that. When there was no fire contract with rural Metro, there was no lease agreement for AMR up until the point that at the end of December, when we had finalized that they were going to still provide service to us and that they needed a spot in town, that made it beneficial to them to be able to come in and occupy that space at that -- at that lease. It might affect the relationship between what they're able to provide if they had to pay more money for a storefront. But we would like to think that we have a hundred percent occupancy rate in our buildings. GRZYBOWSKI: This isn't a question. This is actually a comment. Generally speaking, commercial rent is less expensive than residential rent. If you take that $31,500 and divide it by 12, you come up with $2,625. And granted, I don't know exactly how many square feet the people are occupying. So instead of dividing it by square feet, what I'm TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 22 of 41 doing is I'm going to divide it by $21, which is the going rate, $21, $22 per square foot for some of the commercial spaces here in town. That comes up with about 125 square feet. I imagine they're renting much more than that. I just wanted to go through the math part portion for you so you can see where we are commercial rate-wise. While I agree $31,500 is a little inexpensive, not a whole lot when you use the $21 calculation. But in all honesty, commercial rent is way cheaper than residential rent. I have talked to a number of business owners that have said that if they could rent something to live in for what they get their commercial rate at, then this would be the city that they would live in. But unfortunately it's not because we don't have that going for our market rate. So anyway, that's a really long way to say, I think we're good with the $31,500, 3 percent might be a little low, but if that's something that we were doing before, I feel like we need to stick with that number. Thank you. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. And just just to illuminate further how big is the crew and how many people are we housing? OTT: Two people for a 24-hour period. KALIVIANAKIS: Okay. And they serve the whole 24-hour period. OTT: Correct. KALIVIANAKIS: Okay. Okay. And then is the the food included in that? And -- OTT: No, they provide their own food -- KALIVIANAKIS: Okay. Good. OTT: -- their own other living supplies, sheets, blankets, that type of thing. KALIVIANAKIS: Okay. Good. Good to know. FRIEDEL: I think Brenda's point was 3 percent ongoing is a little bit light when inflation is all over the place. So maybe we just -- is there a possibility of tying it to the CPI? It's a commonly used index. And then you don't have to worry about what they're paying right now. And also commercial space in town is right now between $14 and $16 a square foot, depending on whether it's land or office. But just my thought, tie it to an index and let it float, if we can. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 23 of 41 ARNSON: Mayor and Council, Councilman Friedel's point is, I understand his point. If we're going to go down the road of talking about the substance of the agreement and getting into renegotiation of it, I would suggest that we recess into executive session to have those discussions, and they not take place publicly. But if we're not going to go down that road, then there's no issue. MAYOR DICKEY: I just want to point out that Chief said that this amount was tied to services that we were getting. And by increasing the rent, we may be touching on the level of service that we get. So I wouldn't really be in favor of doing that. And I just also wanted to ask a little bit about the idea that ambulances are that profitable. Did you -- do you have any thoughts on that? OTT: Mayor, Council, I have my own thoughts on ambulance service in the fire service. There is quite a bit of fire-based ambulance service across the country. A lot of it is done for convenience and control. I think that it would be hard-pressed to find very many fire chiefs to say that the the ambulance portion of their fire service is a very profitable and equitable service. What it does is it gives you full control over what you're providing for your residents. And I think there's a value in that, that you can't put a dollar amount on. As we're moving forward and as we move to the point of where we are going on our own, we are looking at the possibility of applying for a CON, which is the first part of being able to have an ambulance service. And luckily for us, as many things in the fire service, it's not a new model that we'd be looking at, but we will be looking at that. I'd like to get about 90 days under our belt first, moving forward with our department before we start looking at the the other options there. Our neighboring departments are all moving towards that fire service ambulance provider. And it creates some challenges. Finding paramedics these days is -- is a challenge. And do you do it as a civilian side or a fire-based side, a sworn side? Those are options that we'll take a look at and see if that ends up being the way that we want to proceed with the ambulance service in town. That would put it fully back under our control. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 24 of 41 But I think there's some challenges in there as well. We don't necessarily have a billing mechanism set up. We would need to kind of look at a third-party billing. And ambulance billing is tricky when you get into insurances and proper coding and all of those things. But it's -- it's something that we'll take a look at and see if that's -- if that will be a benefit to us moving forward. KALIVIANAKIS: Thank you, Mr. Mayor. Just to be clear, Aaron, If we did a motion to approve the lease agreement but with the cost of living index in place of the 3 percent, would that require an executive session? ARNSON: No, it wouldn't require an executive session if there were further discussion about other substantive points. That's fine. We could do that. But if that's the direction, I would advise the council that you wouldn't be able to -- obviously, you could approve with that caveat. We'd have to take it back to the contractor to determine whether that's an acceptable change. And if it's not, we have to come back and talk again. KALIVIANAKIS: Okay. Thank you. And then if you do proceed with the CON, what kind of time period would we be talking about to know if that was going to be practical, usable and if we've got the logistics, the billing capability, to see if that would be done? Because if it's temporary that we live with the 3 percent for a year or two, I don't think it's a big deal. But if it's going to be many years, it could -- it could be a lot of money. OTT: Mayor, Council member, the CON process itself, it can take anywhere from six to -- six months to a year to get that part of it in. I think that we would also need to come back. We would have capital purchases for ambulances and increased personnel. So that's going to be a couple of year process through there. We did have the three percent increase for at both stations when we had ambulance companies -- or ambulances at both stations. So we'll take whatever direction you give us and -- FRIEDEL: Chief, how many firefighters now are paramedics that we have on our -- on our staff? OTT: We have two that are in the final stage of testing, which will give us 20 out of our 30. We also have a grant opportunity to send possibly two more, which would give us TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 25 of 41 22 out of the 30 field personnel as paramedics. And that is probably the highest average out of any department in the area. FRIEDEL: I was going to say that's outstanding. Thank you. KALIVIANAKIS: I guess this time I'd like to just make a motion to table this lease agreement to the March 19th Town Council meeting, where maybe our manager and our attorney could could take this up and see if we have any options available. I'd like to put that as a motion. FRIEDEL: Second. MAYOR DICKEY: Although -- please, a roll call for tabling. ESPIRITU: Councilmember Skillicorn. SKILLICORN: Yes. ESPIRITU: Councilmember Kalivianakis. KALIVIANAKIS: Yes. ESPIRITU: Councilmember McMahon. MCMAHON: No. ESPIRITU: Councilmember Toth. TOTH: Yes. ESPIRITU: Councilmember Friedel. FRIEDEL: Yes. ESPIRITU: Vice-Mayor Grzybowski. GRZYBOWSKI: Nay. ESPIRITU: Mayor Dickey. MAYOR DICKEY: No. So We'll table it till the 19th. Does this have ramifications to you? Well, I guess I can't talk about it, so. OTT: Mayor, Council, I just have one question if I can? We currently have them in place. How would you like us to proceed with the lease payments at this point? ARNSON: Well, Mayor and Council, my unsolicited -- some unsolicited advice. That I think that the arrangement should just continue and maintain the status quo until, if that's possible operationally until the item comes back. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 26 of 41 KALIVIANAKIS: Yeah, I think that's that's reasonable. And that's how I'd like to proceed. Just a status quo until we can just meet for one more council meeting. OTT: Okay. Thank you. I'll relay that to the AMR. Thank you. MAYOR DICKEY: Our next item is approval of recommendation for the appointment of a member to the Town's Boards, Commissions, and Committees. That would be that a Town staff recommended that we appoint Randy Crader for partial terms February 1st, '24 to April 30th, '25 to the Strategic Planning Advisory Commission. If Randy is here, I would say congratulations and thank you for your service. Do I have a motion to approve Randy Crader for a term to the Strategic Planning Advisory Commission? MCMAHON: So moved. SKILLICORN: Second. MAYOR DICKEY: Roll call, please. ESPIRITU: Councilmember Kalivianakis. KALIVIANAKIS: Aye. ESPIRITU: Councilmember McMahon. MCMAHON: Aye. ESPIRITU: Councilmember Toth TOTH: Aye. ESPIRITU: Councilmember Friedel. FRIEDEL: Aye. ESPIRITU: Councilmember Skillicorn. SKILLICORN: Aye. ESPIRITU: Vice-Mayor Grzybowski. GRZYBOWSKI: Aye. ESPIRITU: Mayor Dickey. MAYOR DICKEY: Aye. Thank you very much. Our next item is approval of actually sunsetting our McDowell Mountain Preservation Commission. Rachel, would you like to kick it off, please? GOODWIN: Sure, I can do that. I've had the pleasure to work with the MMPC for a TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 27 of 41 number of years in different roles. And they are a fantastic, hardworking group and have done a lot for our town. The MMPC was founded to help establish and create the Adero Canyon trailhead. As we know, that trailhead has been established and is a well- loved and well-used amenity in our community. That was sort of the charter purpose of the commission. And after the trailhead was founded and established, they continued to work to help us develop standards, help us develop guides, help us develop operational procedures. And as they have finished that process they among themselves, as part of the commission, have decided that they feel like their purpose has been served. So they did take a vote internally to recommend sunset of the commission. I know a number of them are here. I know Kevin, who is our current staff liaison, is here, so I'd be happy if anybody would like to speak. MAYOR DICKEY: All right. Thank you. I understand that several members are here, so I'm going to call your name. If you would come up, and then I will read what your peers have said and present you with the plaque. So I think that Sherry Irwin is not here, but I do want to mention her. And Brian Jennings also I don't believe is here. Bill Craig, come on up. Scott Grzybowski., I know I saw you. Janice Holden and Steve Nurney and DJ Willard. All right. You guys did it on purpose, right? All right, so DJ, Steve, Bill and Scott. All right. So, a couple of folks that aren't here, so I'm going to read about them so they don't get shortchanged. And then we'll hit you guys, and you can say a few words. First is Sherry Irwin. She served on the commission since April of 2022. Her dedication and newer perspective of the Preserve brought many great ideas to the commission and the Town of Fountain Hills. Her many hours of volunteer service are sincerely appreciated by staff, council and her fellow commissioners. And also Brian Jennings, we'd like to recognize him. He's been on the commission since May of 2021. His dedication, his work, group efforts, and support to the Commission and the Town of Fountain Hills have been evident in his many hours of volunteer service and sincerely appreciated by staff, council and fellow commissioners. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 28 of 41 So hold on one second here, because I think Janice is not here either. So let me find her paper. Yeah, I thought she was, but okay. So tonight we would like to recognize Janice Holden, who has served on McDowell Mountain Preservation Commission since January 2020. Her dedication, her attention to detail with the trail master plan and support to the commission and the Town of Fountain Hills have been evidence also many hours of volunteer service, and she is, as well, sincerely appreciated by staff, council and her fellow commissioners. Okay. You guys, so I'll do it all. And then you guys can take turns touting all your wonderful work, which it's just an amazing accomplishment, and we can't thank you enough. We'll start with Bill Craig, who has served on the Preservation Commission since 2012. Your dedication, your trail design, your vision of the Preserve and support to the Commission have been evident by so many hours of volunteer service. As a trail designer, you're a trailblazer, a visionary of the Preserve, and you're sincerely appreciated by staff, council and commission. Next we have Scott. I think there was a little extra in here. Tonight -- you'll know what I mean. You will recognize Scott Gryzbowski, who has served on the McDowell Mountain Preservation Commission since February of 2019. His willingness to be chair, dedication and support to the commission and the Town of Fountain Hills have been evident in his many hours of volunteer service as a muscle toting, rock moving trailblazer. And you are sincerely appreciated by the staff, the council and your fellow commissioners. I thought maybe they had that mixed up with Janice, but no, they meant you. Steve, tonight we'd like to recognize Steve Nurney, who has served on the commission since May of 2021. His dedication creating the trail naming survey and the mountain bikers' vision, and support of the commission has been so evident. And you were vice- chair and had many hours of volunteer service, and you are sincerely appreciated by staff, council and your fellow commissioners. And DJ, we would like to recognize you. You've served on the commission since November of 2020. Your dedication, participation in trail difficulty rating guide TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 29 of 41 development, and support of the commission and the Town of Fountain Hills has been evident with your many hours as a trailblazer. And you are sincerely appreciated by staff, council and fellow commissioners. I love the way they pointed out the different contributions that each of you made to this tremendous effort. It's just unbelievable. So if you guys like to say a few words as you sunset -- as you go into the sunset? We'll start with you, Scott. S. GRYZBOWSKI: Sure. I mean, first of all, thank you. It's been an honor to be on the commission and have such an impact to our trails. And I do have to give a shout out to old Bill Myers. I know he's been recognized in the past, but he's the original chair. And he really worked extremely hard to get the ACT or Adero Canyon Trailhead built. So again, I just want to thank you and everybody in the town for letting us do our job. CRAIG: My complete thanks to Mayor and council. It's been a pleasure to be able to do something I enjoy. Thank you. NURNEY: I echo all that. Thank you all. The town is just so fortunate to have such a treasure right in our backyard. And it's just been really an honor to continue to preserve it, have a part in it. WILLARD: I want to call out Rachel and Kevin and Bill as far as really making this commission a success and getting a lot done and being productive and contributing to the town and in the Preserve in terms of having a pristine place to enjoy nature. So thanks to thanks to all of you. MAYOR DICKEY: Thank you so much. We got to get a picture taken. I did want to ask you guys how you managed to make it snow that one time up there. That was awesome. Thank you so much again for your hard work. And speaking of, our next item is approving the lease agreement. GOODWIN: Mayor, I'm sorry to interrupt you. I think we actually need to take action to formally sunset. MAYOR DICKEY: Oh, see, I don't even want to do it, so. Okay. Who wants to make the motion? I'll let you do it, Sharon. GRYZBOWSKI: I moved to approve Resolution 2024-06 and Ordinance 24-07 to sunset TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 30 of 41 the MMPC. FRIEDEL: Second. MAYOR DICKEY: Thank you. Roll call please. SKILLICORN: Are you sure? ESPIRITU: Councilmember McMahon MCMAHON: Aye. ESPIRITU: Councilmember Toth. TOTH: Aye. ESPIRITU: Councilmember Friedel. FRIEDEL: Aye. ESPIRITU: Councilmember Skillicorn. SKILLICORN: Aye. ESPIRITU: Councilmember Kalivianakis KALIVIANAKIS: Aye. ESPIRITU: Vice-Mayor Grzybowski. GRZYBOWSKI: Aye. ESPIRITU: Mayor Dickey. MAYOR DICKEY: Aye. And thank you again so much. So now we're ready to move on to our International Dark Sky Discovery Center lease. Rachel or Aaron? Aaron. ARNSON: Sure. Thank you. Mayor, council, you are all aware of the reason we're here tonight is to approve a long time coming and long awaited lease agreement so that this project, the International Dark Sky Discovery Center, can get underway. You're all aware of the terms of the agreement. We've discussed them both in executive session. You've seen the -- you've seen draft copies of the lease. Now, a final copy of that for your consideration and approval is attached to the agenda tonight. The staff is excited about the potential opportunities that this presents. And I know that the applicant, or rather, the proposed lessee is here -- is here tonight to talk to us. And I imagine that Joe or Joe or Jeff or somebody is going to have a presentation. So with TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 31 of 41 that, I'll turn the time over to them. MAYOR DICKEY: Thank you. Come on up. AMANDA: Just pulling up the PowerPoint, a jack of all trades. YAZZETTA: Thank you, Amanda. Good evening, Mayor, councilmembers, staff. Geoff Yazzetta, resident and board member of the International Dark Sky Discovery Center. I believe the last update that we provided was in 2022 after the site plan was approved. So obviously the lease agreement is a major checkpoint for both our organization and for the town. So I wanted to take a few minutes to give you an overview and bring you up to speed on where we're at. So let me see if I can figure this out. Okay. Some highlights and an overview of the International Dark Sky Discovery Center. First, it's a 23,000 square foot, first of its kind, STEM facility that will be located here in the town's Civic Center complex adjacent to Centennial Circle. The major interior components are the Dark Sky Observatory, which will feature a 27 -- 27 and a half inch plane wave telescope which, when installed, will be the largest mounted telescope in the greater Phoenix area. Pretty exciting. The Hyperspace Planetarium is going to seat 66 guests and will feature 3D technology, where we'll be able to give you the point of view from anywhere in the universe. The Inspiration Theater will seat 150 guests and will have state of the art projection and sound system technology. The Night Sky Experience is an interactive exhibit hall that will go into the history of light pollution and its negative effects on plants, animals and human beings. And the Einstein Exploration Station is a classroom setup where there will be a hands- on, deep dive opportunity to learn more about the physics of light. One other item that's not listed as a major component, but I know Pluto came up during the last council session towards the end, I want to let you know that the Pluto Snacks -- the Pluto Snack Station will be a part of the Discovery Center. So Pluto, which was discovered here in Arizona at the Lowell Observatory in 1930 will receive proper recognition at the Discovery Center. There are a variety of partnership opportunities that will come about, potentially, with TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 32 of 41 ASU, community colleges, and local high schools. And there are a wide range of uses for the space. When it's open, we can do things like lectures, research, tours, star parties, receptions, and much, much more. The facility has been designed by SWABACK Architects and will be built by McCarthy. So we have partnered with two of the very best in the business to bring this facility to life. Some key historical dates, in 2015, the Fountain Hills Dark-Sky Association was formed with the goal of preserving dark skies here in town. In 2016, Town Council unanimously approved the updated Outdoor Lighting ordinance. And in 2017, the town and the association fulfilled all the Dark Sky International requirements for a dark sky designation. January 8th of 2018, Fountain Hills was recognized as the world's 17th dark sky community. This is really important because as of today, I believe there are 46 dark sky communities worldwide. So it's a rare honor for Fountain Hills to have this designation. In 2019, the International Dark Sky Discovery Center board was formed with the mission of dreaming up, designing, and ultimately delivering this incredible facility. In 2022, as I mentioned, the town unanimously approved the site plan and elevations. And April 8th, which is right around the corner, many of you are probably aware there's a solar eclipse taking place that day but that is not the most exciting event occurring on April 8th. That is the day that we will be having our official groundbreaking ceremony, and we look forward to commemorating the start of our construction phase with all of you on that date. Current status and next steps. To date, we have raised a little more than $18-1/2 million for the project, out of $25 million total. We are confident that beginning construction will generate a lot of positive momentum on the fundraising front. Our board of directors has been in contact with a number of charitable organizations and high net worth individuals who have expressed interest in making a contribution once we start to go vertical with this. So we are anticipating bridging the gap and completing the fundraising here in the coming year. Permitting. Plans were submitted to town staff on January 31st and are currently in TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 33 of 41 review. We are anticipating comments back in the coming weeks. And on the construction front, McCarthy issued a call for bids in January. Those bids are due on February 23rd. They will then review those bids and come up with a guaranteed maximum price, or GMP. And what that means is that that's a contract where this is the maximum amount that we will pay to build the Discovery Center. We will have that figure by March 20th, and we will have a week to review and approve the contract. As I mentioned, the groundbreaking will take place on April 8th. And construction, we are expecting to begin mid to late April. Once construction begins, if everything goes according to plan, fingers crossed, we are anticipating a soft opening summer of 2025. Mayor, council, with that that concludes my update, and I will answer any questions that you may have. MAYOR DICKEY: Thank you. First I wanted to ask if we had any speaker cards on this item? ESPIRITU: The town received 105 comment cards. And out of those 103 position was for and only 2 against and those -- you can find those in your comment card packet. MAYOR DICKEY: Thank you, Angela. Any questions or comments? Councilman? FRIEDEL: Thank you, Mayor. This is a really exciting time for the Town of Fountain Hills. So I want to thank everybody for all their years of hard work and efforts toward this. We're looking forward to this. It's really exciting. Thank you. MCMAHON: I would also like to say thank you very much. The dedication, the determination and the drive that the board has had to bring such a momentous event, you know, and to have something like this educational, you know, in conjunction with our dark skies is just phenomenal. And I would like to personally thank you as well. And I would also like to move to adopt the resolution approving the lease agreement between the Town of Fountain Hills and the International Dark Sky Discovery Center. So again, thank you. SKILLICORN: Second. FRIEDEL: Second. MAYOR DICKEY: Rush to second. Any other comments? Roll call please. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 34 of 41 ESPIRITU: Councilmember Toth. TOTH: Aye. ESPIRITU: Councilmember Friedel FRIEDEL: Aye. ESPIRITU: Councilmember Skillicorn SKILLICORN: Aye. ESPIRITU: Councilmember Kalivianakis. KALIVIANAKIS: Aye. ESPIRITU: Councilmember McMahon. MCMAHON: Aye. ESPIRITU: Vice-Mayor Grzybowski. GRZYBOWSKI: Aye. ESPIRITU: Mayor Dickey. MAYOR DICKEY: Aye. Thank you. Thank you all for all your work. Exciting. MCMAHON: It's almost 10. MAYOR DICKEY: Our last action item is our discussion about our legislative bulletin. I sent you all the summaries because they, as Sharon mentioned, they didn't have a meeting. And pretty much it's all the same bills going back and forth. So I don't know if anybody had anything to add that they wanted us to do or just status quo for now. Councilman? MCMAHON: I'm good with the -- MAYOR DICKEY: Sorry. MCMAHON: Sorry, I'm good with the -- MAYOR DICKEY: Oh. SKILLICORN: Sorry. MAYOR DICKEY: Allen. Did you want to? SKILLICORN: No, it's all right. MAYOR DICKEY: Okay. Thank you. Our last item then is our council discussion/direction to the town manager. Anything that was asked for us to look into. TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 35 of 41 I don't think so. Hannah? TOTH: Sorry, mayor. I waited till the end out of respect, but I guess I'm testing out our new policy on point of personal privilege. If I could get a second on that? MAYOR DICKEY: I don't understand. Sorry we can't take action at this point on anything. TOTH: It's a -- sorry -- question of personal privilege, which is allowed in Section 6.6 C, paragraph 2, item D in our Rules of Procedure. MAYOR DICKEY: I guess I don't know what the question is. Because I know we can't take action on anything that's not on the agenda. So -- TOTH: So yeah. So it's a question of privilege, which, according to Robert's Rules of Order, includes the rights of the members of the body. And I received a second. So if we could vote on that motion. MAYOR DICKEY: Well, we absolutely can't because you can't take any action. Robert's Rules of Order is not what we follow here. We follow our rules of procedure. So it's like state law, rules of procedure, parliamentary, and then Robert's. That's the order that we do follow. And regardless, the chair can entertain a point of personal privilege. It's at the chair's discretion, so we never have to do it. I can hear what your point is if you'd like. And then, you know, you can proceed. TOTH: I appreciate that, Madam Mayor. It actually has to do with the email we received at 8:54 p.m. last night. In our council rules of procedure, which, as you state, is the primary source. MAYOR DICKEY: State Law is primary. TOTH: Right. Secondary source -- in Section 6.6 C, paragraph 2, it lists the motions that we can make as councilmembers. Actually, it puts in the order of, I guess, hierarchy of the motions. The third item, or fourth item, Item D, is question of privilege. And question of privilege being a term from Robert's Rules of Order, that's where I consulted to find the definition of that motion. MAYOR DICKEY: Okay. But basically, Aaron, would you please let me know? It's still up to the chair whether they entertain points of personal privilege. Correct? TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 36 of 41 ARNSON: Well it's up -- TOTH: Actually, I received a second. So that would then go for a vote. MAYOR DICKEY: Aaron? ARNSON: Well it's up to the chair whether to entertain a motion. MAYOR DICKEY: Right? ARNSON: Right. Like those are the motions that can be made. If the chair is not entertaining the motion then, then we're not entertaining the motion. But I think the Mayor made it pretty clear that she wasn't just going to automatically grant points of privilege. I think that was the language. But I think you would certainly entertain a question if it were if it were raised. Am I wrong? MAYOR DICKEY: Yeah, I said I'm not -- I -- ARNSON: Right? MAYOR DICKEY: -- wasn't automatically just going to because I've been, you know, reluctant to stop speaking or talking or input. But I think things have been a little bit contentious. So I would -- I want to hear what the point is before I would entertain it. But I just don't understand the motion part. How do we motion and vote on something that's not on the agenda? ARNSON: Well, we can do point, right? You can do a point of order right where it says, if you say have a point of personal privilege and the mayor says, I'm not entertaining it. We've done that once, at least once before, right where it says, I'd like to raise a point of order. You can follow that procedure, right, to essentially compel the hearing of the motion, if that makes sense. TOTH: I see. Okay. ARNSON: Yeah. Yeah. So there's that. So the avenue is available is what I'm trying to say. It's built into our rules okay. TOTH: So point of order, I would like to say my point of privilege. Is that correct? I'm -- I'm -- I think I'm confused. ARNSON: So you have a point of personal privilege you want to make now, is that what you're saying? TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 37 of 41 TOTH: Correct. ARNSON: Okay. Now I'm getting it. All right. So you're -- so you're citing this. Okay. One second. Okay. 6.4 A Presiding officer shall determine all points of order after consultation with the parliamentarian, subject to the right of any member to appeal such determination to the whole council. If any appeal is taken, the question motion, in parentheses, shall be substantially similar to the following shall the decision of the Presiding Officer be sustained, et cetera. So tell them -- my advice would be, tell the Mayor what the issue is, and then the Mayor will rule on the point of order. I mean, there's no more business pending before us, so it can't be about any business that's pending. But I would suggest explaining it. The Mayor can rule on it. And if there's an appeal of that item, 6.4 says that's the process. Was that clear as mud? Clear enough? Okay. TOTH: That was perfect. Thank you. ARNSON: Got it. TOTH: Okay, Mayor, the point of privilege that I'd like to address is for -- is regarding the rights of the body. And it is in reference to the email that we received at 8:54 p.m. last night. Considering the festivities of today, I didn't want to take away from those moments. But I do have major concerns regarding the rights of the body, and that would technically include the public, regarding that email that -- actually, my job is a little easier now because you were kind enough to read the points of it. But what I'm trying to say is that I would like to address the body with my concerns of suppressing the voices of the body. MAYOR DICKEY: I guess I don't think I'm suppressing the voices. I'm exercising our rules of procedure more strictly than I have in the past. The activities are -- are to be -- are in our official capacity. So it's not supposed to be something that the public doesn't have the opportunity to respond to. So if we -- if -- if during that time we say things that are not on the agenda, then they don't know that that was going to be discussed. So I don't want -- I see Aaron, I just -- we -- first of all, point of order is different than a point of personal privilege? TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 38 of 41 ARNSON: Right. MAYOR DICKEY: So a point of order is like it was my turn or whatever. And then you kind of rule on that. But a point of personal privilege never has to be entertained, does it? ARNSON: No. MAYOR DICKEY: This is from -- ARNSON: No. MAYOR DICKEY: -- what my understanding is. ARNSON: The whole idea of a point of personal privilege, which, by the way, they haven't come up that often. But the points of personal privilege are, hey, I'd like to address someone. There's a guest here tonight, right? Or it's too hot or cold in the room. Or one of those types of things. But they can be taken further than that. And so I think the idea behind it was to say -- not to say point of personal privilege, can we take a bathroom break? I think we could all stand to use those every now and again. I think it was more along the lines of if something is going way beyond the matters of business at hand, that frankly, we've got to -- we've got to start reining that back in because it's been, I think we'd all kind of agree, that it's been a little rough the last -- the last couple of meetings. FRIEDEL: Aaron, can I make a point? ARNSON: Sure. Mayor? FRIEDEL: Can I? Mayor -- Mayor, may I -- may I -- may I make a point? I think the -- reading that email, and correct me if I'm wrong Hannah, is that it said that the Mayor would not entertain any -- entertain any personal points of privilege without even knowing what the question was. So that was ambiguous to start with -- ARNSON: Fair enough. FRIEDEL: -- and I -- ARNSON: Fair enough. And hopefully this is providing a little bit more clarity where we're -- I'm -- I think, and Mayor, if I'm speaking out of turn over -- please overrule me. You're the chair. But I -- I really do in the conversations that we've had believe that TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 39 of 41 that's the point. That if things are just going so far afield that we have to rein it back in, that's -- that's what we're talking about here. It's not to say I'd like to acknowledge the presence of somebody in the audience here tonight. It's not to clamp -- it's not to clamp down on those sorts of things. TOTH: I understand that I -- Mayor, if you don't mind. Thank you. My main concern would actually -- there was an example of this tonight where one side of the aisle two weeks ago was allowed to continue until the -- they were thrown out of the room. And the other side of the aisle was gaveled and questioned during call to the public when they were specifically addressing something that was said to councilmembers. While I agree that we need order in the room, I am very concerned that some of these acts are not being done equally. And I'm more so concerned considering that there's two mayoral candidates on the dais, that this is going to become some type of battle. I actually really appreciate that this is something that was read in the beginning of the meeting. As Ephesians 5 states, take no part in the unfruitful works of darkness, but instead expose them for it is shameful even to speak of the things that they do in secret. But when anything is exposed by the light, it becomes visible. That was actually something I wrote down for my previous -- for my point of privilege. But my point being, this is something that the public should be aware of, that the councilmembers should be thinking of, and that I think we need to discuss further. I agree with enforcing the rules of our council and our rules of procedure. I've actually been advocating for that for a long time. But I'm -- day one, I'm already seeing it unequal, so I think we need to talk about this. MAYOR DICKEY: Well then this discussion is bringing to light -- the problem with this is we're probably talking in an illegal way right now. This is not on the agenda. I don't know how we are allowed to go into this -- this depth of discussion, Aaron, on something that's not on the agenda. ARNSON: I don't know either. I think Mayor -- Mayor and Council -- oh, sorry. Brenda. Did you -- KALIVIANAKIS: Thank you, Aaron. Yeah. I've done a great deal of exhaustive research TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 40 of 41 on this. I think the town manager and Aaron knows on that. I think there is a solution to this, but I would encourage us to continue this into an executive session where we can discuss these laws because it is state law. It is local custom. It is Robert's Rules, and it's procedure at a glance. So there's many different buckets of information that we can dip into. And then I think there's a way that we can all be happy. If we could talk about it candidly with our attorney and come up with a reasonable solution. TOTH: If that's a motion, I'll second it. ARNSON: If -- if it's a -- if it's at least a -- the concurrence of the council as -- as a whole or three councilmembers, right, to say I would like to see that as a future item, that's a possible -- that's -- I assume, what you're getting at, right, Councilwoman? KALIVIANAKIS: Yes. Exactly what I was thinking. ARNSON: Okay. MAYOR DICKEY: Okay. I mean, I'm fine with talking about it in any way, shape, or form that's legal. ARNSON: Right. MAYOR DICKEY: And -- and everything that was in that memo was a legal memo -- ARNSON: Right. MAYOR DICKEY: -- was a legal -- taken straight from -- anyway. ARNSON: Yeah. So -- MAYOR DICKEY: And I'm not admitting or agreeing with anything about being uneven in any way, shape, or form in any of this stuff. We can all watch the videos and see. And that's why I said speak through the chair. People aren't speaking through the chair. They're not waiting to be recognized. So you can say, I didn't take control. I did as much as I could. Yes. Thank you for -- for, you know, getting control as you did, but that should not be necessary ever. And I'm trying to rein it in in a mature legal way right now. And so yeah, I think I'm happy to go talk about it in any way you want. But I'm not happy talking about this right now because this was not agendized. And if it was, we probably would have had a different -- we would have had people here who were TOWN OF FOUNTAIN HILLS FEBRUARY 21, 2024 TOWN COUNCIL MEETING MINUTES Page 41 of 41 interested in speaking about it. And I don't like doing this. And I don't want to do it. So I think unless we have items for a future agenda -- do we have anything at this point? We're going to adjourn. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on February 21, 2024, at 6:58 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 21st day of February 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd Day of April 2024. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 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 an Acquisition of Control Liquor License Application for the Batchelor Pad BBQ, located at 13407 N. La Montana Dr., Fountain Hills, Arizona, for a Series 12 Restaurant license.  Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding an Acquisition of Control Liquor License application submitted by Jeffrey Craig Miller, agent of the Batchelor Pad BBQ, 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 acquisition of control liquor license application. SUGGESTED MOTION MOVE to approve the acquisition of control series #12 liquor license application for the Batchelor Pad BBQ.   Attachments Batchelor Pad Liquor License  Form Review Inbox Reviewed By Date Finance Director Linda Mendenhall 03/04/2024 04:59 PM Finance Director David Pock 03/25/2024 11:41 AM Town Attorney Aaron D. Arnson 03/25/2024 11:45 AM Town Manager Rachael Goodwin 03/25/2024 11:53 AM Form Started By: Linda Mendenhall Started On: 03/04/2024 04:39 PM Final Approval Date: 03/25/2024  ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 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 2024-14, abandoning the 1' Vehicular Non Access Easement along the Miravista frontage of 15240 E Miravista (Application A24-000005)  Staff Summary (Background) This is a proposal to abandon an existing 1' Vehicular Non Access Easement (VNAE) along the Miravista frontage of Eagle Mountain Parcel 10/11 - G Plat, Lot 64 (15240 E Miravista).  Jeffrey Valder, the owner of the property, is planning to construct a single family dwelling on this vacant lot, and the VNAE needs to be abandoned to allow vehicular access from the adjacent road.  Staff have reviewed the site, and determined there is no need to maintain 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 2024-14 SUGGESTED MOTION MOVE to adopt Resolution 2024-14 Attachments Vicinity Map  Aerial Photo Map  Res 2024-14  Exhibit A: Survey  Form Review Inbox Reviewed By Date Development Services Director John Wesley 03/19/2024 06:07 PM Town Attorney Aaron D. Arnson 03/25/2024 09:31 AM Town Manager Rachael Goodwin 03/25/2024 12:18 PM Form Started By: David Janover Started On: 03/18/2024 04:38 PM Final Approval Date: 03/25/2024  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FO U N T A I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R EAG L E M O U N T A I N PK W Y 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 Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 15240 E Miravista A24-000005 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 LEGEND: PHOTO MAP 2023 AERIAL A24-000005 ZONING: R1-6A E M I R A V I S T A LOT 30 TRACT "G" DEEDED TO HOA DOC#2004-0584806 E T W I L I G H T VI E W D R LOT 64 15240 E MIRAVISTA ABANDON 1' VEHICULAR NON-ACCESS EASEMENT TRACT "E" EAGLE MOUNTAIN TRACT C-3 MCR 736-30 LOT 31 LOT 32 LOT 33 LOT 34 RESOLUTION 2024-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE 1' VEHICULAR NON-ACCESS EASEMENT ALONG THE MIRAVISTA FRONTAGE OF EAGLE MOUNTAIN PARCEL 10/11-G PLAT, LOT 64 (15240 E MIRAVISTA) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 751 OF MAPS, PAGE 40 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 vehicular non-access easement, located along the Miravista frontage of Eagle Mountain Parcel 10/11 Plat, Lot 64 (15240 E Miravista) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 751 of Maps, Page 40, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. 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 April 2, 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 64 A24-000005 NOTE: ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Staff Contact Information: Aaron D. Arnson, Town Attorney Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-15, directing the Town Attorney to not oppose Maricopa County Superior Court Action No. CV2024-004218 and to properly communicate such non-opposition to the court.  Staff Summary (background) Following Council approval of two rezoning requests, Reclaim Our Town (ROT), a political action committee, circulated petition sheets in an effort to send the rezone decisions to a ballot referendum measure. Upon conducting her statutorily mandated review of the filed petition sheets, the Town Clerk discovered that ROT had included an incorrect serial number on the back of every petition sheet. As required by A.R.S. 19-121.01(A)(1)(c), the Town Clerk removed the ineligible petition sheets. The Town Clerk notified ROT of the disqualification on February 28, 2024.  On March 4, 2024, ROT filed a complaint and application for injunctive relief in Maricopa County Superior Court, Case No. CV2024-4218 (the Lawsuit). The Lawsuit was filed against the Town, the members of the Town Council in their official capacities, the Town Clerk in her official capacity, the project developers. The Lawsuit makes various allegations against the Town Clerk and seeks relief ordering the Town Clerk to continue her statutory review process and forward signatures to County Recorder for verification. A member of the public sent to the Town Council the attached draft resolution, which, if approved, would direct the Town Attorney to not oppose the Lawsuit and inform the court of such non-opposition. Upon the request of Councilmember Allen Skillicorn, and with support from Councilmembers Hannah Toth and Gerry Friedel, this item was added to the agenda. Related Ordinance, Policy or Guiding Principle Town Code § 3-1-2 A.R.S. § 19-121 et seq.   Risk Analysis The Council received privileged advice regarding risk of non-opposition in executive session prior to this meeting.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) For the reasons stated in executive session prior to consideration of this item, and subject to attorney-client privilege, staff recommends denial. SUGGESTED MOTION MOVE to deny Resolution 2024-15. Attachments Resolution 2024-15  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/28/2024 01:45 PM Town Manager Rachael Goodwin 03/28/2024 01:50 PM Form Started By: Linda Mendenhall Started On: 03/28/2024 09:13 AM Final Approval Date: 03/28/2024  RESOLUTION 2024-15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DIRECTING THE TOWN ATTORNEY TO NOT OPPOSE THE APPLICATION FOR RELIEF PENDING IN THE MARICOPA COUNTY SUPERIOR COURT. RECITALS: Upon motion, a majority of the members of Town Council of the Town of Fountain Hills, Arizona (the “Town”) find as follows: WHEREAS, the Town of Fountain Hills is a municipal corporation duly organized under the laws of the State of Arizona; and WHEREAS, the Mayor and Town Council of the Town on January 17, 2024 the Fountain Hills Town Council adopted Ordinance 2024-01 ("the Ordinance”) that encompassed rezoning of a 6.7 acre site; and WHEREAS, On February 16, 2024, there were submitted 153 petition sheets bearing 1,820 signatures for 2024-01 requesting that the consideration of the said Ordinance be submitted to a vote of the qualified electors of the Town; and WHEREAS, the Town Clerk thereafter deemed that no petition signatures were eligible for verification because the petition sheets did not bear the correct petition serial number on the back of each sheet; and, WHEREAS, a Verified Complaint for Special Action was thereafter filed in the Superior Court of Arizona, Maricopa County (CV 2024-004218) seeking an Order requiring, among other things, that the Fountain Hills Town Clerk transmit the required 5% random sample to the Maricopa County Recorder for verification; and WHEREAS, the matter is one of significant importance and it is the apparent desire of a substantial number of residents of the Town that the matter be submitted to a referendum; and, WHEREAS, it is furtherance of the objectives of good government that the will of the citizens to participate by referendum not be frustrated due to what may have been an inadvertent clerical error; NOW, THEREFORE, this motion having duly come on to be heard by the Town Council, and after due deliberation, it is hereby RESOLVED, that, the Town Attorney of the Town is directed to not oppose the application for relief as is pending in the Superior Court of Arizona, Maricopa County (CV 2024-004218), and to properly communicate such non-opposition to the court. PASSED AND ADOPTED by the Mayor and Council of Fountain Hills, Maricopa County, Arizona, this 2nd day of April, 2024. (Signatures on the next page) RESOLUTION 2024-15 PAGE 2 FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda G. Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 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):  CONSIDERATION AND POSSIBLE ACTION: Ordinance number 24-09 modifying the Subdivision Ordinance Chapter 5,Grading Standards, Sections 5.04 B, 5.04 G, and 5.04 H to provide for clearing within Hillside Protection areas as needed for fire safety. Staff Summary (background) Background Over the last few years fires have started at a few construction sites due to some of the activities associated with the construction process.  Lots with non-disturbance areas that have significant vegetation near the construction area can be particularly problematic.  Given the ongoing draught conditions and the increased number of homes existing in these areas, the concern about future fires prompted staff to consider options for reducing the risk. This item was originally on the Council agenda on December 5, 2023.  At that time, Councilmember Friedel requested it be taken off the agenda to allow time for a committee to meet and further consider the needs and options. The committee has met and recommends Council consideration and adoption of the following text amendments.   Section 5.04 of the Subdivision Ordinance establishes the requirements and standards for hillside disturbance. The goal from the beginning of the Town has been to preserve as much of the native desert topography and landscaping as possible.  This section of the code places limits on the amount of hillside areas that can be disturbed by construction.  The current ordinance standard is that on properties with higher zoning than R1-10 and with slopes in excess of 20%, only 40% of the lot can be disturbed and that during construction there be a fence placed at the disturbance boundary to prevent accidental disturbance into this area. There are currently several exceptions and exemptions in the ordinance listed in Section 5.04 B. 1.  The proposal is to add one more exemption as follows:  d. An area up to 10 feet beyond the disturbance fence may be cleared during construction to provide additional fire protection, provided a plan to revegetate this area consistent with the native desert in place prior to construction is approved with the building construction plans.  The revegetation must be accomplished prior to issuance of the occupancy permit. The revegetation must be accomplished prior to issuance of the occupancy permit. A related concern is for the ongoing maintenance and safety of the home and property owner.  The ordinance does not currently allow for any type of work to occur within a hillside protection area without the approval of Council.  The need for Council approval introduces an impediment to someone moving forward with trying to address an issue of overgrowth or cause them to move forward without any review or approval.  To address this challenge, the committee has recommended two additional amendments. The first is in Section 5.04 G 2 b 3.  This section provides the key text for inclusion in a hillside protection easement.  The amendment adds language stating that clearing can occur if authorized by the Fire Marshall. The second change addressing this topic is to add a new provision to Section 5.04 that allows the Fire Marshall to review and approve selected clearing on a person's property up to 100' from a structure.  This language also states the only work that can be done is clearing what is needed to reduce fire danger and it does not authorize any replanting in the area.  The proposed language is: H.  Clearance for fire safety.  The fire marshall is authorized to review and approve limited clearing and removal of plant material within a non-disturbance area, on the lot, for up to 100’ from a structure, to reduce fire danger from overgrowth and an accumulation of dead or dying plant material.  The purpose of this section is to reduce fire danger by requiring the removal of material that creates a fire danger.  this section does not allow any revegetation within the non-disturbance area.  Any work done beyond what is authorized by the fire marshall will be in violation of this ordinance and subject applicable fines and fees.   Related Ordinance, Policy or Guiding Principle Subdivision Ordinance Section 5.04 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) This proposed amendment has not been reviewed by any established board or commission but has been reviewed by an ad hoc committee assembled to consider this issue.  The committee members present at the meeting on March 7 approved the wording in the attached ordinance. Staff Recommendation(s) Staff recommends adoption of the attached ordinance. SUGGESTED MOTION MOVE to adopt Ordinance 24-09. Attachments Ordinance 24-09  Ordinance 24-09  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 03/11/2024 02:44 PM Town Attorney Aaron D. Arnson 03/11/2024 04:40 PM Town Manager Rachael Goodwin 03/26/2024 11:49 AM Form Started By: John Wesley Started On: 03/07/2024 09:18 AM Final Approval Date: 03/26/2024  ORDINANCE NO. 24-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN SUBDIVISION ORDINANCE CHAPTER 5, GRADING STANDARDS, SECTIONS 5.04 B, G, AND H ALLOWING CLEARING IN HILLSIDE PROTECTION AREAS FOR FIRE SAFETY ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 5.04 B 1 is amended as follows to add a new Section d: D. AN AREA UP TO 10 FEET BEYOND THE DISTURBANCE FENCE MAY BE CLEARED DURING CONSTRUCTION TO PROVIDE ADDITIONAL FIRE PROTECTION, PROVIDED A PLAN TO REVEGETATE THIS AREA CONSISTENT WITH THE NATIVE DESERT IN PLACE PRIOR TO CONSTRUCTION IS APPROVED WITH THE BUILDING CONSTRUCTION PLANS. THE REVEGETATION MUST BE ACCOMPLISHED PRIOR TO ISSUANCE OF THE OCCUPANCY PERMIT. Section 2. That Section 5.04 G 2 b 3 is amended as follows: 3. The following Hillside Protection Easement text shall be used for easements intended to meet the intent of this Section 5.04: Owner hereby grants to the Town of Fountain Hills a perpetual easement upon, across, over and under all those areas designated as "Hillside Protection Easement" for the purpose of preserving the natural topography and vegetation of land area within the Final Plat of (Subdivision Name) in conformance with the Article V of the Town of Fountain Hills Subdivision Regulations. EXCEPT AS AUTHORIZED BY THE TOWN’S FIRE MARSHALL FOR FIRE SAFETY,. Tthe owner or any of his heirs, successors, or assigns shall not perform nor allow to be performed, any construction; or cutting, filling, grading to the Topography; nor any grubbing, brushing, removal, or otherwise damage any vegetation, rock outcropping, or other natural feature in the Hillside Protection Easement area without prior Town Council approval. A trail way may be a permitted use if approved by the Town Council. Section 3. That the existing Section 5.04 H be renumbered as Section I and a new Section H be added as follows: H. CLEARANCE FOR FIRE SAFETY. THE FIRE MARSHALL IS AUTHORIZED TO REVIEW AND APPROVE LIMITED CLEARING AND REMOVAL OF PLANT MATERIAL WITHIN A NON-DISTURBANCE AREA, ON THE LOT, FOR UP TO 100’ FROM A STRUCTURE, TO REDUCE FIRE DANGER FROM OVERGROWTH AND AN ACCUMULATION OF DEAD OR DYING PLANT MATERIAL. THE PURPOSE OF THIS SECTION IS TO REDUCE FIRE DANGER BY REQUIRING THE REMOVAL OF MATERIAL THAT CREATES A FIRE DANGER. THIS SECTION DOES NOT ALLOW ANY REVEGETATION WITHIN THE NON-DISTURBANCE AREA. ANY WORK DONE BEYOND WHAT IS AUTHORIZED BY THE FIRE MARSHALL WILL BE INVOLATION OF THIS ORDINANCE AND SUBJECT APLICABLE FINES AND FEES. I. Enforcement; Remediation. In the case of disturbance activities in violation of this ordinance, the Community Development Director or designee has the authority to enforce these regulations, including but not limited to, the authority to require the immediate chain-link fencing of all disturbance perimeters, the authority to require the immediate re-vegetation of any Illegally-disturbed areas and/or the authority to issue project-wide stop work orders. Furthermore, disturbance activities in violation of this Ordinance are violations of the Fountain Hills Town Code, and are subject to ARTICLE 1-8 PENALTY, Subsection A of the Town Code, as amended. Section 4. 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 2nd day of April, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Direction to staff regarding the Final Design of the Town-Wide Municipal Wayfinding Sign Program. Staff Summary (Background) The Wayfinding Sign Project has been discussed extensively over the years and is designed as a comprehensive, user-friendly, and attractive signage and wayfinding system throughout the Town, replacing the existing outdated and conflicting signs. The Project will implement numerous goals and action items established in the Town’s 2020 General Plan (Section III: Thriving Environment, Access, Connectivity & Mobility) as well as the Economic Development Strategy. The project provides clear and concise aid in navigation to both Town visitors and citizens alike and will be coordinated with ongoing efforts related to pedestrian and vehicular improvements. What is wayfinding? Wayfinding is how we orient ourselves when we travel from place to place. Whether through a map, a phone app, or signage, a sound wayfinding system allows people to navigate successfully to their destination. It also provides a cohesive method for bringing a location’s brand, culture, history, or story to the forefront through color, materials, and graphics. Some common examples of wayfinding signage include Vehicular Directional Primary Signs, Vehicular Directional Secondary Signs and Vehicular Directional Signs on Posts, to effectively guide visitors. Why is the Town doing this? Currently, the Town’s wayfinding system is limited, inconsistent, and hard to find and see while navigating downtown. Establishing a consistent, clear, and visible signage and wayfinding program can help create a cohesive streetscape environment and improve the overall experience for people visiting downtown. Making downtown easier to navigate and finding a place to park incentivizes visitors and creates a more aesthetic identity to the downtown area. The Project will also provide directional guidance to various public and private destinations, including parks, recreation opportunities, public parking facilities, etc., and includes a hierarchy of signage components (Vehicular Directional Primary Signs, Vehicular Directional Secondary Signs and Vehicular Directional Signs on Posts) to effectively guide visitors to their destinations. How much is this going to cost? It is too early in the project to determine the costs of manufacturing and installation of the new signage. Per our procurement policy, the project will go out for bidding for both fabrication and installation. Final costs for the actual signs will be contingent on the number of competitive bids received. After Council approval of the concepts and locations, the project will be bid on a unit price basis (where possible) to enable staff to adjust to meet funding constraints, if necessary. When is the Town going to install these signs? The Town is in the final design phase of this project and is scheduled to complete the project in 2024. It is still very early to determine a construction schedule. Where will the signs go? A map of the locations has been provided to the Council for review. Will this affect traffic and parking downtown? A well-designed Wayfinding system allows drivers to find and access parking while minimizing traffic congestion. The goal of the Plan is to design the wayfinding signage so that drivers can easily find a place to park, walk downtown, and go to their destination. This project will allow residents and visitors to better utilize our existing parking lots more often and minimize traffic downtown.   Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Risk Analysis Delaying the final design will result in an increased cost for eventual fabrication and construction Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends proceeding with the design, fabrication and installation  SUGGESTED MOTION MOVE to direct staff to incorporate the recommended changes and proceed to the competitive bidding process.  Fiscal Impact Fiscal Impact:N/A 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 Sign location plan  Project plans  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 03/20/2024 12:48 PM Finance Director David Pock 03/20/2024 01:40 PM Town Attorney Aaron D. Arnson 03/25/2024 09:37 AM Town Manager Rachael Goodwin 03/27/2024 02:13 PM Form Started By: Justin Weldy Started On: 03/20/2024 10:59 AM Final Approval Date: 03/27/2024  Signage proposal drawn by: SIGN LOCATION PLAN FEBRUARY, 2024 Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 2.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 3.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com DESTINATION LIST: Downtown Shopping/Dining Fountain Park Civic Center Town Hall Community Center Library Museum Visitor Center Desert Vista Park Golden Eagle Park Four Peaks Park Dixie Mine Trailhead Adero Canyon Trailhead Eagle Mountain Golf Club Desert Canyon Golf Club FireRock Country Club SunRidge Canyon Golf Club Resort We-ko-pa Resort Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 4.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 5.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 6.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 7.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 8.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 9.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 10.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 11.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 12.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 13.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 14.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 15.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 16.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 17.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 18.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 02/05/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Town to remove and salvage sign Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 19.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 20.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 21.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 22.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 23.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 24.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 25.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com V15-S-029 Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 26.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage - V10, V12, V15 Location Plan SLP SIGN TYPE 27.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/07/23 RE: 01/31/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Signage proposal drawn by: FEBRUARY, 2024 Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage Graphics/Colors SIGN TYPE 1.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/22/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com TYPOGRAPHY ARROWS Ber thold Ak zidenz Grotesk Condensed ABCD EFGHIJ KLM NOPQRST UVWXYZ ab cdefgh ijklmnopqrstuvwxyz1234567890 ClearviewOne Medium Compressed ABCDEFGHIJKLM NOPQRS TUVWXYZ abc defg hij klmnopqrstuvwxyz1234567890 COLOR SCHEDULE No.Color Name Paint/Vinyl No. Manufacturer Finish P1 Classic Green 38/50037 Tiger Drylac Powder Coatings Satin P2 Aged Copper 38/60006 Tiger Drylac Powder Coatings Satin P3 Match Pantone 5535C Tiger Drylac Powder Coatings Satin A1 Ivory 1H31 (GP) Powdercoat Acrylite N/A P4 Slate Grey 38/70019 Tiger Drylac Powder Coatings Satin V1 White Reflective 3M #7930 AEGP 3M Retroreflective Sheeting PC "Natural Rust"N/A Used for “FOUNTAIN HILLS” Used for destination names NOTE: Paint colors to match Powdercoated colors shown on this page Golf Course Town Center Fountain Park Civic Center P1PC V1 V1 1.0A 5'-8" 7' - 0 " 1' - 8 " 1'-0" 4" 6" 5 7/8 " 7” FOUNTAIN HILLS Painted 1/8" Aluminum with matte finish PC Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10 SIGN TYPE 2.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/19/23 06/22/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com 5 3/4" Manufacture and Install SEVEN (7) Single Faced Non-Illuminated Main, Post 'n Panel Directional Signs V10 Primary Vehicular Directional Elevation | Scale: 1/2" = 1'-0" Golf Course Town Center Fountain Park Civic Center FOUNTAIN HILLS 9' - 2 " A B O V E G R O U N D L E V E L 6'-4" V10 Primary Vehicular Directional Back View | Scale: 1/2" = 1'-0" P1 GROUND 7' - 0 " 1'-0" Note: Sign placement shown is for presentation purposes only. NTS. Site survey required prior to any production. Reflective Vinyl Vinyl applied first surface Painted. Removable 1/8" Aluminum panel on 1", frame to be mounted to aluminum panel 1/4" thick aluminum panel mounted to frame. Ease all edges with 1/16" wide chamfer for public safety. Painted Faux Rust. Ground level Accent 1/4" Aluminum panel mounted to frame. Ease all edges with 1/16" wide chamfer for public safety Concrete footings as per following page Expressed seam 5'-8" 7' - 0 " 1' - 8 " 1'-0" 4"4" 6" 9' - 2 " A B O V E G R O U N D L E V E L 6'-4" Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10-Footing SIGN TYPE 2.1SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/06/23 06/19/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com 4'-0" 5 3/4" 5 3/4" 7" 9'-2" 7'-0" 4" 4 1/4" 5'-8" 2'-0" 4'-0"4'-0" 2'-0"1'-6" 4 1/4"1'-6" 1'-6" 5" typ. 5" typ. 5'-0" 2'-0" W X 4'-0" H Concerete Footer Dent break-away bolts #4 TIES @ 4" TOP 12" REMAINDER @12" 8 - #5 VERT. BARS Grade Locations of Dent break away bolts - 8 Total See engineering on sheet 7.0 2 @ 4" x 4" Aluminum Structural Sq. Tubes Seam location +/- with 2" x 4" aluminum horizontal frame 2" x 4" Horizontal frame 2" x 4" Horizontal frame 4" Sq. Tb. welded to bottom plate 4" Sq. Tb. welded to bottom plate V10 Primary Vehicular Directional Footing Detail | Scale: 1/2" = 1'-0" V10 Primary Vehicular Directional Side view | Scale: 1/2" = 1'-0" PLAN VIEW OF BASE PLATE SCALE: 1/2" = 1'-0" 4" x 4" Structural Tube .5"th. Aluminum Base Plates 2" NOTE: Dent break-away bolts- see Engineering sheets 7.0-7.5 Golf Course Resort Downtown Shopping/Dining Fountain Park Civic Center FOUNTAIN HILLS Downtown Shopping/Dining Fountain Park Civic Center FOUNTAIN HILLS Downtown Shopping/Dining Fountain Park Golf Course We-ko-pa Resort FOUNTAIN HILLS Downtown Shopping/Dining Fountain Park Golf Course Resort Hiking FOUNTAIN HILLS Downtown Shopping/Dining Fountain Park Civic Center FOUNTAIN HILLS Downtown Shopping/Dining Fountain Park Civic Center FOUNTAIN HILLS Downtown Shopping/Dining Golf Course Resort Adero Canyon Trailhead Golden Eagle Park FOUNTAIN HILLS Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10layouts SIGN TYPE 2.2SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/04/23 RE: XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com NOTE: All message to be proofreadV10 Primary Vehicular Directional layouts | Scale: 3/8" = 1'-0" V10-S-001 V10-S-002 V10-S-003 V10-S-005 V10-S-028 V10-S-035 V10-S-004 Painted. Removable 1/8" Aluminum panel on 1", frame to be mounted to aluminum panel Ground level Vinyl applied first surface 3" Sq. posts painted with matte finish Desert Vista Park Town Center Fountain Park McDowell Mtn Regional Park FOUNTAIN HILLS V1V1 1/4" thick aluminum panel mounted to frame. Ease all edges with 1/16" wide chamfer for public safety. Painted Faux Rust. 1.0A P1 P4 10 " 5' - 8 " 6" 7' - 0 " 10" 5'-0"4" 8' - 2 " 1' - 2 " 4 1/2 " 7” see following page for footing details Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12 SIGN TYPE 3.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/06/23 06/14/23 06/19/23 06/22/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com 4'-6" 4 1/4" V12 Secondary Vehicular Directional Elevation | Scale: 1/2" = 1'-0" V12 Secondary Vehicular Directional Back View | Scale: 1/2" = 1'-0" Note: Sign placement shown is for presentation purposes only. NTS. Site survey required prior to any production. Accent 1/4" Aluminum panel mounted to frame. Ease all edges with 1/16" wide chamfer for public safety Concrete footings as per following page Manufacture and Install SIXTEEN (16) Single Faced Non-Illuminated Secondary, Post 'n Panel Directional Signs Painted. Removable 1/8" Aluminum panel on 1", frame to be mounted to aluminum panel Ground level P1 4'-6"10" 10 " 5' - 8 " 7' - 0 " 1' - 2 " 6" Desert Vista Park Town Center Fountain Park McDowell MtnRegional Park FOUNTAIN HILLS Desert Vista Park Town Center Fountain Park McDowell Mtn Regional Park V1V1 1.0A P1 10 " 5' - 8 " 6" 7' - 0 " 10" 5'-4" 3"3" 1' - 2 " 4 1/2 " 7” 8' - 2 " A B O V E G R O U N D L E V E L Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12-Footing SIGN TYPE 3.1SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/06/23 06/14/23 06/19/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com 5'-8" 3 1/4"1'-6" 1'-6" 5" typ. 5" typ. 8'-2"5'-8" 3" Sq. Tb. 3 1/4" 3'-4" 2'-0" 3'-4" 2'-0" 3'-4" 2'-0" 4'-6"5" 4'-6" 4'-0" 5'-0" 1"1 1/8" 7'-0" Locations of Dent break away bolts - 8 Total See engineering on sheet 8.0 PLAN VIEW OF BASE PLATE SCALE: 1/2" = 1'-0" 3" x 3" Structural Tube .5"th. Aluminum Base Plates 3" Sq. Tb. welded to bottom plate V12 Secondary Vehicular Directional Footing Detail | Scale: 1/2" = 1'-0" V12 Secondary Vehicular Directional Side view | Scale: 1/2" = 1'-0" 1 1/2" 2'-0" W X 3'-4" H Concerete Footer #4 TIES @ 4" TOP 12" REMAINDER @ 12" 8 - #5 VERT. BARS Dent break-away bolts (see plan view of base plate detail on this page) Grade 2 @ 3" x 3" Aluminum Structural Sq. Tubes Seam location +/- with 2" x 4" aluminum horizontal frame 2" x 3" Horizontal frame 2" x 3" Horizontal frame NOTE: Dent break-away bolts- see Engineering sheets 8.0-8.5 Golf Course Resort Downtown Shopping/Dining Fountain Park Civic Center Golf Course Dixie Mine Trailhead Downtown Shopping/Dining Fountain Park Civic Center Golf Course Dixie Mine Trailhead Adero Canyon Trailhead Golden Eagle Park Dixie Mine Trailhead Downtown Shopping/Dining Fountain Park Civic Center Golden Eagle Park Dixie Mine Trailhead Adero Canyon Trailhead Golf Course Resort Adero Canyon Trailhead Desert Vista Park Downtown Shopping/Dining Fountain Park Civic Center Golf Course Resort Adero Canyon Trailhead Downtown Shopping/Dining Fountain Park Civic Center Desert Vista Park We-ko-pa Resort Golf Course FOUNTAIN HILLS Golf Course Resort We-ko-pa Resort Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12layouts SIGN TYPE 3.2SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/06/23 06/14/23 06/19/23 06/22/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com NOTE: All message to be proofreadV12 Secondary Vehicular Directional layouts | Scale: 3/8" = 1'-0" V12-S-006 V12-S-007 V12-S-008 V12-S-009 V12-S-010 V12-S-011 V12-S-012 V12-S-013 V12-S-014 V12-S-015 Visitor Center Visitor Center Downtown Shopping/Dining Fountain Park Civic Center Downtown Shopping/Dining Fountain Park Civic Center Golden Eagle Park Downtown Shopping/Dining Civic Center Downtown Shopping/Dining Civic Center DowntownShopping/Dining Fountain Park Community Center Library/Town Hall Museum Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12layouts SIGN TYPE 3.3SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/06/23 06/14/23 06/19/23 06/22/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com NOTE: All message to be proofread ASCALE: 1”=1’-0” V12 Secondary Vehicular Directional layouts | Scale: 3/8" = 1'-0" V12-S-021 V12-S-022 V12-S-023 V12-S-024 V12-S-032 V12-S-033 CommunityCenter Library Town Hall Town Center Fountain Park V15 Regulatory Vehicular Directionals Elevation | Scale: 1/2" = 1'-0" Community Center Library Town Hall Town Center Fountain Park P1 P3 V1 V2 2 5/8" 5' - 1 0 " 7" 4' - 1 0 " 5" 3'-10" 9 5/8"3'-3" 4 1/2 " 3 1/2 " Side view | Scale: 3/4" = 1'-0" TB D Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15 SIGN TYPE 4.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/06/23 06/14/23 06/19/23 06/22/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com 4'-0 5/8" 5" 5'-10" Elevation | Scale: 1/4" = 1'-0" NOTE: Sign placement shown on site reference only. Site survey required prior to production. See following page 9' - 0 " 2'-0" CommunityCenter Library Town Hall Town Center Fountain Park Grade Photo Rendering (reference only) | Scale: NTS P6 Manufacture and Install SEVENTEEN (17) Single Faced Non-Illuminated Secondary, Post 'n Panel Directional Signs See following page for post length and footing detail Applied vinyl 1/8" Alumium sign panel painted with matte finish Mount with 1" offset from back panel 1/8" Alumium sign panel painted with matte finish Attached to a 4" dia. post with sign-fix mounting hardware. Applied vinyl Mount panels to 5" Sq. Tb. sleeve (paint sleeve to match post) Sleeve bolted to 4" Sq. tb. New post to be 4" dia. Heavy wall aluminum tube with painted sating finish on all surfaces; Top to be capped, welded and ground smooth Community Center Library Town Hall Town Center Fountain Park 4'-7" 2'-0" dia. x 4'-7" deep 4"X0.25" dia. post Round HSS concrete caisson buried sign post #4 @3" TOP 12" REMAINDER @ 12" 12- #4 VERT. BARS grade Community Center Library Town Hall Town Center Fountain Park 9'-0" height to bottom of sign to grade back view Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15 Footing/Removal SIGN TYPE 4.1SHEETREP: J. Sherer BY: K. Alvarado DATE: 06/19/23 RE: 12/12/23 02/05/24 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com 5'-10" 4'-0 5/8" 6" 6" 14'-10" OAH 5'-10" 14'-10" OAH 2'-0" NOTE: Dent break-away bolts- see Engineering sheets 6.0-6.5 footing detail scale: 3/8” = 1’-0” P6 Town to remove and salvage, Sign Type 15 (no photo available) V15-S-39 Town to remove and salvage sign Downtown Shopping/Dining Fountain Park Civic Center Hiking Golden Eagle Park Downtown Shopping/Dining Fountain Park Civic Center Golden Eagle Park Downtown Shopping/Dining Fountain Park Civic Center Hiking Downtown Shopping/Dining Civic Center Community Center Library Town Hall Museum Downtown Shopping/Dining Fountain Park Visitor Center Downtown Shopping/Dining Civic Center Civic Center Golden Eagle Park Hiking Dixie Mine Trailhead Dixie Mine Trailhead Downtown Shopping/Dining Fountain Park Four Peaks Park We-ko-pa Resort Hiking Four Peaks Park We-ko-pa Resort Downtown Shopping/Dining Four Peaks Park We-ko-pa Resort Town Hall Community Library Museum Downtown Shopping/Dining Fountain Park Civic Center Hiking Downtown Shopping/Dining Fountain Park Civic Center Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15layout SIGN TYPE 4.2SHEETREP: J. Sherer BY: K. Alvarado DATE: 05/04/23 RE: 06/06/23 06/14/23 06/19/23 06/22/23 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com NOTE: All message to be proofreadV15 Regulatory Vehicular Directionals layouts | Scale: 3/8" = 1'-0" V15-S-016 V15-S-017 V15-S-018 V15-S-019 V15-S-020 V15-S-025 V15-S-026 V15-S-027 V15-S-029 V15-S-030 V15-S-036 V15-S-037 V15-S-038 V15-S-040 V15-S-041 V15-S-042 V15-S-043 Artwork to be provided Artwork to be provided by client Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage RefurbishedEntry ID SIGN TYPE 5.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/05/23 RE: 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com 2'-0 1/4" Existing topper 4'-10" Existing topper 7'-3" 1'-0"1'-0" 7'-8" 6'-0" 2'-0 1/4" Existing topper 4'-10" Existing topper 7'-3" 1'-0"1'-0" 6'-0"6'-0" 3/4" 9'-3" OAH Refurbish Existing Post n' Panels Elevation | Scale: 1/2" = 1'-0" Manufacture and Install SIXTEEN (16) Single Faced Non-Illuminated Secondary, Post 'n Panel Directional Signs New signage frame to be mounted over existing sign and posts Applied, outdoor Removalbe vinyl graphic 2" x 2" steel posts (existing) 2" x 2" steel posts (existing) Existing topper (routed steel) 3/4" frame with 1/8" Steel panel on back side; mounted to existing signage and posts. Powdercoated to match cor-ten Steel finish/color. Existing Proposed Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage RefurbishedEntry ID SIGN TYPE 5.1SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/05/23 RE: 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage RefurbishedEntry ID SIGN TYPE 5.2SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/05/23 RE: 12/12/23 XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15Engineering SIGN TYPE 6.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V15 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15Engineering SIGN TYPE 6.1SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V15 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15Engineering SIGN TYPE 6.2SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V15 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15Engineering SIGN TYPE 6.3SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V15 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15Engineering SIGN TYPE 6.4SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V15 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V15Engineering SIGN TYPE 6.5SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V15 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10Engineering SIGN TYPE 7.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V10 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10Engineering SIGN TYPE 7.1SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V10 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10Engineering SIGN TYPE 7.2SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V10 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10Engineering SIGN TYPE 7.3SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V10 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10Engineering SIGN TYPE 7.4SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V10 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V10Engineering SIGN TYPE 7.5SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V10 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12Engineering SIGN TYPE 8.0SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V12 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12Engineering SIGN TYPE 8.1SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V12 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12Engineering SIGN TYPE 8.2SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V12 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12Engineering SIGN TYPE 8.3SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V12 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12Engineering SIGN TYPE 8.4SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V12 Enginering Install Address: Fountain Hills, AZ FOUNTAIN HILLS WAYFINDING Exterior Signage V12Engineering SIGN TYPE 8.5SHEETREP: J. Sherer BY: K. Alvarado DATE: 12/12/23 RE:XXXXXXSPEC NO. 2D-042701JOB NO. Fabrication information shown here is the exclusive property of F & N Enterprises dba SmithCraft and may not be used for fabrication by any other company without authorization from an officer of F & N. 3643 South 7th StreetPhoenix, AZ 85040.1130 602.268.1349 phsmithcraftsigns.com Sign Type V12 Enginering ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Public Art Committee Pumphouse Project Expressions Update Staff Summary (Background) The Fountain Hills Public Art Committee seeks approval for the second installation of an outdoor art program along the wall adjacent to the Pump House at Fountain Park (formerly known as the mural wall). This installation, known as "The Pumphouse Project" is an outdoor exhibition that features an annual call for artists to create work around a central theme. The inaugural theme was “Legends and Lore of the Valley of the Sun.” The second installment of the project features the theme “Expressions.”   This project is an effort to replace the former mural that was removed in 2019. The committee believes a rotating installation is more efficient, more cost-effective, and creates a renewed, sustainable interest in public art. Pending approval, each panel will be on display for one year to ensure maximum exposure and visibility. Each panel will have the artist’s name, the title of the piece, a small descriptive paragraph, and a potential sponsor of the panel. The benefits of this project will allow for professional art to be on display, changing every year, offering a fresh, new visual perspective and theme. All works of art will also be available for sponsorship. All revenue raised will be divided between the Fountain Hills Cultural and Civic Association Public Art Fund and the associated artists who created the artwork. The Public Art Committee is requesting Council approval of the final selections for installation. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Public Art Committee recommends the approval of the 2nd year art theme "Expressions"  The Public Art Committee recommends the approval of the 2nd year art theme "Expressions"  including all 7 attached images. Staff Recommendation(s) The staff is seeking Town Council direction SUGGESTED MOTION MOVE to approve 2nd year of the Public Art Committee "Pumphouse Wall Project" and authorize the installation of "Expressions" artwork submissions.   Attachments Pumphouse Project Expressions  Form Review Inbox Reviewed By Date Finance Director David Pock 03/25/2024 08:30 AM Town Attorney Aaron D. Arnson 03/25/2024 09:31 AM Town Manager Rachael Goodwin 03/26/2024 11:49 AM Form Started By: Patti Lopuszanski Started On: 03/07/2024 04:52 PM Final Approval Date: 03/26/2024  Maasai Girl Kelly Graham - Photography Long Beach, NY The little Maasai girls followed me around the day we visited their village in July 2022. They loved having their picture taken and being able to see the results immedi- ately. Although we didn’t speak the same language my camera and their excitement spoke for themselves. Art for Sale - Yes kellygrahamphotography@gmail.com 3472794 Unruly Tom Griffithe - Photography Houston, TX Unruly hair and a steadfast stare alerts one to the untamed spirit of wild horses. Art for Sale - Yes. Prints are available at tom-griffithe.pixels.com grif5th@att.net 3465477 At Calm Lizanne Galatis-Gazzo - Mixed Media Fountain Hills, AZ This mixed media piece portrays my expression of relief. The significance of this is quite personal and also the inspiration for this piece. The dark side represents coming from a dark place of the unknown. Her expression is of relief and a sense of calm as she is now able to look ahead and move on leaving the darkness behind. There is only brightness and vibrancy as she moves forward. The use of bougainvillea petals gives a bit of texture and also has meaning. These were forgotten petals that had fallen to the ground but now given a second existence. Art for Sale - No lgalatis@yahoo.com 3464916 Monsoon Twilight Alyssa Cumpton - AcrylicSpring Creek, NV “Monsoon Twilight” is meant to express a subtle joy at the power of nature. The woman is in the middle of a monsoon storm but her expression is one of serenity. This is at odds with what most people think of when they experience a powerful desert storm. I wanted to exam- ine a more subtle expression, one that is more personal than the fronts many of us put on when interacting with other people or on social media. This painting is meant to depict a private moment of joy between a woman and nature. My inspiration for this work came from my per- sonal experiences hiking in the deserts of the western US. I’ve watched many storms roll in over the mountains and I find I am never more at peace than during a good desert thunderstorm. Art for Sale - Yes spudcumpton@gmail.com 3433782 Grieving Andrea Cloud - Photography Medford, OR The expiration of the “official” 40 days of mourning did little to remove the heaviness of grief from the weary face of my neighbor after the passing of her husband. The weight of sorrow on top of new financial worries lay heavily on the aged face of a strong woman who has already endured much suffering. Art for Sale - Yes dreainafrica@gmail.com 3477694 A ConversationMary Allan - Colored Pencil on Toned PaperLos Angeles, CA Portraiture is an avenue for exploring human nature. I am fascinated by the subtle variation in human anatomy that distinguishes our unique selves from others. I am also interested in how our physical individuality is contrasted with universal human emotions that bind us together. This is a portrait of my partner amused as he listens to a Bewick’s wren singing Art for Sale - No nallayram@gmail.com 3460265 Pearl Vincent Mattina - Digital College South Jordan, UT She is like a fine Pearl, a one of a kind beauty! My work connects with spiritualism, environmentalism and the ever expanding realm of technology. I make con- nections to the spiritual world with symbols placed into the art such as portraits and draped figures. Comment- ing on mans effect in the environment I show seemingly abandoned structures with facial features. I like to estab- lish familiar visual cues regarding time and space, then arrange them into densely textured representations. Art for Sale - Yes info@vincentmattina.com 3466270 Pump House Program 2024 ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Mike Ciccarone, Information Technology Administrator Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF Adopting the Town of Fountain Hills Ethical Artificial Intelligence (AI) Policy. Staff Summary (background) At the request of Councilwoman Kalivianakis, staff drafted the Town of Fountain Hills Ethical Artificial Intelligence (AI) Policy for the responsible and ethical use and governance of AI technologies to benefit the community and protect the rights and privacy of the residents of Fountain Hills. As Artificial Intelligence rapidly develops, it is vital to ensure that the Town adheres and properly responds to legal and ethical ramifications of such development. As such, The Town of Fountain Hills is establishing the “Ethical Artificial Intelligence (AI) Policy” (the “Policy”) to affirm our commitment to responsible and ethical use of AI through the principles that ensure transparency, fairness, accountability, and the protection of individual rights in all AI-related activities conducted by the Town of Fountain Hills. Being intentional in our adoption and use of AI technologies will drive innovation, support increased efficiencies in operations and improved experiences for community engagement. This policy outlines the principles, guidelines, and procedures governing the responsible and ethical use of AI technologies by the Town of Fountain Hills. 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 is recommending adopting the Town of Fountain Hills Ethical Artificial Intelligence Policy. SUGGESTED MOTION MOVE to adopt the Town of Fountain Hills Ethical Artificial Intelligence Policy. Attachments AI Policy  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/06/2024 09:33 AM Finance Director Mike Ciccarone 03/06/2024 09:59 AM Information Technology Administrator Mike Ciccarone 03/06/2024 10:01 AM Town Attorney Aaron D. Arnson 03/06/2024 10:14 AM Finance Director David Pock 03/06/2024 11:24 AM Finance Director David Pock 03/06/2024 11:24 AM Town Attorney Aaron D. Arnson 03/06/2024 01:14 PM Town Manager Linda Mendenhall 03/21/2024 02:48 PM Information Technology Administrator Mike Ciccarone 03/21/2024 02:56 PM Town Manager Rachael Goodwin 03/25/2024 11:53 AM Form Started By: Mike Ciccarone Started On: 03/04/2024 03:38 PM Final Approval Date: 03/25/2024  Town of Fountain Hills February 26, 2024 Town of Fountain Hills Ethical Artificial Intelligence (AI) Policy Definitions Algorithm: Step-by-step rules, instructions, or mathematical operations designed to perform a specific task that, when followed, lead to an automated, desired outcome. Artificial Intelligence (AI): Machines or otherwise computerized programs that accomplish tasks or otherwise develop content that typically require human intelligence. Generative AI: A computerized program that automatically creates new content such as text, audio, or images based on existing data. Machine Learning: A branch of AI that uses algorithms and statistical models to enable computers to learn from data. Purpose As Artificial Intelligence rapidly develops, it is vital to ensure that the Town adheres and properly responds to legal and ethical ramifications of such development. As such, The Town of Fountain Hills is establishing the “Ethical Artificial Intelligence (AI) Policy” (the “Policy”) to affirm our commitment to responsible and ethical use of AI through the principles that ensure transparency, fairness, accountability, and the protection of individual rights in all AI-related activities conducted by the Town of Fountain Hills. Being intentional in our adoption and use of AI technologies will drive innovation, support increased efficiencies in operations and improved experiences for community engagement. This policy outlines the principles, guidelines, and procedures governing the responsible and ethical use of AI technologies by the Town of Fountain Hills. Scope This Policy applies to the design, development, deployment, and utilization of AI for: • All town departments, agencies, employees, contractors, and stakeholders. • All categories of AI inclusive of predictive analytics, machine learning, deep learning, generative AI, and automated decision making. • All instances where AI functionality is involved, such as the integration of new tools into existing products, consideration of new products for implementation, or development of AI technology by Fountain Hills employees, contractors, partner agencies, or other stakeholders. Policy Statement The Town of Fountain Hills is committed to designing, developing, deploying, and utilizing AI technologies in a responsible and ethical manner. We recognize that AI has the potential to significantly impact society and drive innovation, and we believe that it is our duty to ensure that its development, adoption, and use align with the principles of fairness, transparency, accountability, and respect for Town of Fountain Hills February 26, 2024 human rights and responsible use. With this in mind, we hereby establish our Policy, outlining the principles and guidelines that will govern our AI initiatives: 1. Purpose and Scope: The Town will clearly define the problems or efficiencies that the AI technology aims to solve, specifying its purpose and scope of application. 2. Human-Centered Approach: The Town will prioritize the well-being, safety, and dignity of individuals and communities affected by AI technology we use. The Town will strive to understand and address the needs and values of humans, promoting AI technologies that enhance human capabilities, and contribute to the overall betterment of society. 3. Human Responsibility: The Town will clearly define the roles and responsibilities of human operators in utilizing AI systems, including their training requirements and obligations for monitoring, and intervening in system decisions. 4. Human-AI Collaboration: The Town will encourage collaboration between humans and AI systems, leveraging the strengths of both to enhance decision-making processes and ensure that ultimate control remains with humans. 5. Fairness and Avoidance of Bias: The Town will actively work to eliminate biases and ensure fairness in our design, development, deployment, and utilization of AI technology. We will take steps to prevent discrimination, protect privacy, and mitigate the risks of unfair outcomes resulting from AI algorithms. We will continuously assess and mitigate potential biases throughout the AI lifecycle. Employees should carefully review any content generated by AI to ensure that unintended or undesirable instances of bias, or offensive or harmful material, are changed or removed. 6. Transparency and Explainability: The Town will strive to make our selection, design, development, and deployment of AI technology transparent and explainable to the best of our abilities. We will clearly disclose where individuals are interacting with AI or interacting with AI generated content. We will provide clear documentation and accessible information about the functioning and purpose of the AI technologies we use, enabling users, stakeholders and those who are subject to decisions informed by AI to understand and question the decision-making processes involved. 7. Accountability and Oversight: The Town will establish standards for accountability and oversight throughout the selection, design, development, and deployment of AI technology. We will be responsible for the actions and impacts of the AI technology we use, and we will implement strategies to identify, mitigate and rectify any potential harms or unintended consequences resulting from their use. We will proactively engage in ongoing monitoring and evaluation to ensure compliance with ethical standards. 8. Data Privacy and Security: The Town will maintain the highest standards of data privacy and security in our AI initiatives. We will handle personal data in accordance with applicable policy, laws, and regulations, and we will implement robust safeguards to protect data from unauthorized access, misuse, or breaches. Town employees must not submit any sensitive, confidential, or regulated data, or any personally identifiable data about members of the public, to an AI system. 9. Collaboration and Public Engagement: The Town will actively engage with stakeholders, such as users, experts, policymakers, and the community, to solicit diverse perspectives and feedback on the AI technology under consideration or currently used. We will seek to foster collaboration and share knowledge to address ethical challenges and ensure that AI technologies benefit society. Town of Fountain Hills February 26, 2024 10. Continuous Monitoring and Ethical Improvement: The Town will continuously strive to improve the ethical aspects of our AI technology through research, innovation, and learning from our experiences. We will keep abreast of emerging ethical guidelines and best practices, adapting our policies and practices accordingly. 11. Training Programs: The Town will provide training programs and resources to employees involved in AI system development and utilization, promoting AI literacy, ethical considerations, privacy protection, and responsible AI practices. 12. Compliance and Legal Frameworks: The Town will comply with applicable laws, standards and regulations related to AI and data protection. Town employees are required to perform due diligence to ensure that no copyrighted material is published by the Town without proper attribution or without obtaining proper rights. 13. Global Consideration: This ethical AI policy statement reflects our commitment to responsible and ethical AI. We recognize that ethical considerations are paramount, and we will hold ourselves accountable to these principles as we work towards creating AI technologies that benefit the Town. The Town will continue to strive to determine new ways AI will impact our functionality, efficiencies, and ethical responsibilities. AI Governance 1. The Director of each Town Department shall: a. Identify potential areas in which the use of Artificial Intelligence may improve or otherwise achieve Department goals and directives. b. Collaborate with Information Technology to implement those efficiencies or uses of AI, considering ethical use standards and other pertinent considerations from Information Technology. c. Conduct a semiannual review of the Departments application of AI Technology, specifically considering principals set forth in Paragraphs 1-13 of this Policy. 2. Chief Technology Administrator, in coordination with Town Manager, shall: a. Establish mechanisms for ongoing monitoring and evaluation of AI solutions to ensure compliance with this policy and relevant laws and regulations. b. Define consequences for non-compliance with this policy, including disciplinary actions or termination of contracts, and establish remedial measures to address violations or failures of AI systems. c. Support public awareness campaigns and educational initiatives to inform and engage the public on AI-related activities, their purpose, and potential impacts. 3. Information Technology shall: a. Work with Directors of each Town Department to understand potential uses of AI as it relates to each Department’s goals and objectives, weighing relative risk and any other standards considered in Paragraphs 1-13 of this Policy. b. Collaborate with Departments to develop and implement an Artificial Intelligence review process. c. Provide training programs and resources to employees involved in AI system development and utilization, promoting AI literacy, ethical considerations, privacy protection, and responsible AI practices. Town of Fountain Hills February 26, 2024 Any Artificial Intelligence review process must include: (A) an initial assessment to evaluate potential organizational and community impact, considering privacy implications and (B) testing to ensure that the systems utilized are effective and reliable. The review process must also contemplate principals considered in Paragraphs 1-13 of this Policy. This policy will be periodically reviewed and updated as necessary to address emerging challenges, technological advancements, and changes in legal or regulatory frameworks related to AI. ITEM 9. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/02/2024 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 10  Legislative Bulletin - Issue 11  Form Review Form Started By: Linda Mendenhall Started On: 03/25/2024 12:03 PM Final Approval Date: 03/25/2024  Legislative Update: Welcome to Week 11 Welcome to the 11th week of the Arizona legislative session. 1,759 bills, resolutions, and memorials have been introduced. This week is the final week for subject committee hearings. Cities and Towns Urge Governor to Veto HB2570 On Thursday, March 14th, Mayors from across Arizona, convened near the Capitol, united by the League of Arizona Cities and Towns, to urge Governor Katie Hobbs to veto HB2570 (planning; home design; restrictions; prohibition), a bill poised to disrupt local planning and zoning authority. Mesa Mayor John Giles, highlighting Mesa's robust housing approvals, questioned the necessity of the proposed legislation for promoting affordable housing, cautioning against its potential to exacerbate the housing crisis without addressing its root causes. HB2570 would preempt a myriad of aspects of single-family home development including lot size, lot coverage, property setbacks, square footage, and architectural design standards. While billed as the ‘Arizona Starter Homes Act’, the bill contains no language regarding affordability. Meanwhile, critics rightly point out that the bill’s failure to contemplate the nuances of municipal planning and the importance of public participation in that process will result in a less democratic process that puts more power in the hands of developers to determine the future of individual communities. In solidarity with municipalities statewide, the League stresses the importance of safeguarding local autonomy and fostering inclusive decision-making in addressing housing challenges. Municipal leaders, including League President and Yuma Mayor Doug Nicholls, Phoenix Vice Mayor Deb Stark, and Goodyear Mayor Joe Pizzillo, underscored various local initiatives aimed at bolstering housing supply and affordability, including streamlining construction approvals, promoting urban infill, and permitting accessory dwelling units. State preemption in HB2570 would only serve to impede these efforts by diminishing local zoning decisions informed by planning professionals, community input, and, ultimately, locally elected leaders. Amidst the growing chorus for collaboration between lawmakers and municipalities, the League continues to champion reforms prioritizing local needs and the autonomy of elected leaders, while reiterating the steadfast dedication of municipalities to promote sustainable, inclusive housing solutions tailored to Arizona's diverse communities. Upcoming Policy Committees It is that time of year to begin preparing for the League’s annual Policy Committees. These are typically held the first weeks of May and June and consist of five policy areas including: Budget, Finance, and Economic Development (BFED); General Administration, Human Resources, and Elections (GAHRE); Transportation, Infrastructure, and Public Works (TIPW); Public Safety, Military Affairs, and the Courts (PSMAC); and Neighborhoods, Sustainability, and Quality of Life (NSQL). The Policy Committee framework was established to give city and town elected officials and staff the opportunity to provide direction and expertise on proposed policy issues that come to the League. After submitted policy issues are discussed and vetted in the appropriate policy committee, they may become a League Resolution, be referred for further study, or they may have a non- legislative solution. Those policies approved as League Resolutions become part of the League’s annual Municipal Policy Statement. The League will send out information to members this week to solicit interest from elected officials and staff who want to participate in committees and requests for submissions on proposals to be considered by each committee. Upcoming Hearings This week, House and Senate committees are holding hearings on several significant legislative measures, some of which raise concerns for cities and towns. Here are some highlights of measures the League will testify on: On Monday, the Senate Finance & Commerce Committee will be hearing multiple bills Monday, March 18th Senate Finance & Commerce – 2:00 p.m. – SHR 109 HB2297 S/E: zoning; adaptive reuse; commercial buildings (Biasiucci) The strike-everything amendment to be considered by the Committee on Monday would require cities with a population of 150,000 or more to establish objective standards to allow for multifamily residential development or adaptive reuse on 10% of existing commercial, office or mixed-use buildings. Position: SUPPORT HB2720: accessory dwelling units; requirements (Carbone) Requires a municipality with a population of 75,000 or more to adopt regulations allowing an accessory dwelling unit (ADU) on any single-family residential lot. The bill further preempts local ADU regulations that establish setback, parking, and design requirements, among others. POSITION: OPPOSE HB2721 municipal zoning; middle housing (Carbone) Requires municipalities with over 75,000 residents to allow middle housing types in single-family zones by Jan 1, 2026. Restricts unreasonable costs, fees, or height limits. Property owners control parking. If regulations aren’t adopted by 2026, middle housing will be allowed without restrictions. POSITION: OPPOSE HB2734 S/E: public hearings; voting (Oritz) 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 Tuesday, March 19th House Commerce – 2:00 p.m. – HHR 3 SB1162: S/E residential zoning; housing; assessment; hearings (Shamp) The proposed strike-everything amendment would require that administratively complete zoning applications be approved or denied within 180 days of submission and also requires a comprehensive Housing Needs Assessment be completed every five years. Position: SUPPORT SB1506: municipalities; housing; commercial redevelopment; zoning (Shamp) Requires urban municipalities with a population of over 150,000 to allow residential or mixed-use development on 75% of commercial-zoned land. Sets development standards and allows parking regulation. If regulations aren’t adopted by January 1, 2025, residential housing will be unrestricted on relevant land. Position: OPPOSE Wednesday, March 20th House Government – 9:00 a.m. – HHR 3 SB1415; accessory dwelling units; requirements (Hernandez) Requires a municipality with a population of 75,000 or more to adopt regulations allowing an accessory dwelling unit (ADU) on any single-family residential lot. The bill further preempts local ADU regulations that establish setback, parking, and design requirements, among others. Position: OPPOSE SB1665: municipal development; permits; review (Gowan) Introduces third-party options for building permit processes, including reviews and inspections. Modifies time frames and removes certain exemptions. Position: OPPOSE Thursday, March 21st Senate Government – 1:00 p.m. – SHR 1 HB2275: settlement agreements; report; approval (Marshall) This bill imposes burdensome reporting and approval requirements on cities and towns regarding settlement agreements, adding unnecessary layers of bureaucracy. This additional oversight may deter municipalities from entering 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 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 for local governments. 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 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 League of Arizona Cities and Towns 1820 W Washington Street #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 Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. Legislative Update: Welcome to Week 12 Welcome to the 12th week of the Arizona legislative session. 1,759 bills, resolutions, and memorials have been introduced. Last week was the final week for bills to be heard in their respective policy committees. The Appropriations Committees will continue to meet as lawmakers have not yet begun budget negotiations in earnest. Conference Committees may also be appointed should the chambers pass a bill with different amendments that need continued discussion. Cities and Towns Thank Governor for Veto of HB2570 Calling it “unprecedented legislation that would put Arizonans at the middle of a housing reform experiment with unclear outcomes”, Governor Hobbs vetoed HB2570 (planning; home design; restrictions; prohibition), a bill that threatened to upend local planning and zoning authority. The League and its members are grateful for the veto and the Governor's commitment to continue working on targeted housing solutions. Legislative proposals the League is working on include legislation for the expansion of accessory dwelling units (ADUs, also known as casitas) and middle housing, or “plex”, developments as well as adaptive reuse. Mayors & Councils throughout the State recognize the housing crisis and are eager to continue the great works cities and towns have done to address both supply and affordability. However, this work cannot be done in a vacuum. While municipalities are willing to work on process improvements to more quickly approve housing projects, wholesale measures that abolish the zoning and land use authority of local governing bodies while severely restricting resident input is not acceptable. Again, local governments are more than willing to ensure its operations are as efficient as possible to meet housing demand. On the other hand, affordability is determined by far greater forces than local regulations, and that includes the proliferation of investor-owned properties and short-term rentals, rising inflation, labor shortages, and other macroeconomic and supply- chain factors. Membership Shakeup After less than two months, Representative Jevin Hodge (D-Tempe) resigned last week following the revelation of sexual misconduct allegations lodged against him during his undergraduate years at George Washington University. He had been appointed to assume the seat left by former Rep. Athena Salman in December when she resigned to work for a pro-choice non-profit organization. Precinct committee members in legislative district 8, which includes portions of Mesa, Phoenix, Scottsdale, and Tempe, chose three potential nominees on Saturday to be considered for appointment to the vacant seat by the Maricopa County Board of Supervisors. League Resolutions Update The League strategically outlines proposed legislative priorities through a series of resolutions. League resolutions, endorsed by a majority of a 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. SB1285 local candidates; petitions; electronic signatures (Hoffman) will allow candidates for local office to further utilize the Secretary of State’s online nominating signature petition system, known as E-QUAL. Beginning in 2025, local candidates will be authorized to collect up to 10% above the minimum number of signatures necessary to qualify for the ballot. This will allow a buffer for candidates should any signatures be deemed invalid. Status: SIGNED BY GOVERNOR Position: SUPPORT SB1361 sober living homes (Carroll) aims to regulate and enhance oversight of sober living homes by establishing specific requirements and procedures under the Department of Health Services (DHS). Sets standards for licensure, mandating compliance with local ordinances, conducting on-site inspections, and increasing penalties for violations. Empowers DHS to take actions such as license suspension or revocation, issuing cease-and-desist notices, and involving law enforcement if needed. Addresses reporting mechanisms, disclosure of information, and the role of third-party contractors. Status: PASSED HOUSE HEALTH & HUMAN SERVICES 6-4 Position: SUPPORT SB1030 body scanners; correctional facilities (Shope) would authorize cities 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: April Friday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session Legislative StaffYou can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Adam Babica, Legislative Associate: ababica@azleague.org Rachel Merritt, Legislative Intern: legisintern@azleague.org 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 House Third Read on a vote of 54-0 and will now head to the Governor’s desk. Status: PASSED HOUSE THIRD READ 54-0 Position: SUPPORT #Keepup withus on X. 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