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Home My WebLink AboutAGENDApacket__05-21-24_0514_605 NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor Brenda J. Kalivianakis Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Sharron Grzybowski Councilmember Allen Skillicorn TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, MAY 21, 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 May 21, 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 – Grace Holbert, Fountain Hills Resident 3.ROLL CALL – Mayor Dickey 4.STATEMENT OF PARTICIPATION 5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A.Stellar Students for the Month of May. B.PROCLAMATION: Designation of May 19 - 25, 2024, as National Travel and Tourism Week. 6.PRESENTATIONS A.LAW ENFORCEMENT SERVICES UPDATE: Captain Kratzer of the Maricopa County Sheriff's Office 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 May 21, 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 Work Session - Capital Improvement Projects of March 26, 2024, and the Town Council Regular Meeting of April 2, 2024. B.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License Application for Adero Scottsdale Resort at 13225 N. Eagle Ridge Dr., Scottsdale, Arizona, for a Series 11 Hotel/Motel Liquor License. C.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License Application for Adero Scottsdale Resort at 13225 N. Eagle Ridge Dr., Scottsdale, Arizona, for a Series 10 Beer and Wine Store Liquor License. D.CONSIDERATION AND POSSIBLE ATION: Approval for Resolution 2024-26 for an Intergovernmental Agreement with the City of Mesa for the use of the Mesa Fire and Medical Departments (MFMD) training facility and to attend training hosted by the MFMD. E.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-27 for an Intergovernmental Agreement (IGA) with the AZ Department of Forestry and Fire Management for mutual aid resources needed for wildland fires. 9.REGULAR AGENDA A.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-23 approving the Third Amendment to the Intergovernmental Agreement with the Flood Control District of Maricopa County for the Golden Eagle Park Dam Debris Mitigation (D6057) Improvement Project. B.CONSIDERATION AND POSSIBLE ACTION: Approval of the First Amendment to the Active Transportation Plan. C.CONSIDERATION AND POSSIBLE ACTION: Approval of the First Amendment to Professional Services Agreement 2020-058 with D.H. Pace Company, Inc., for door, hardware, and related parts and services. Town Council Regular Meeting of May 21, 2024 4 D.CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed or pending before the State Legislature. 10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 11.FUTURE AGENDA ITEMS 12.ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2024. _____________________________________________ Linda G. Mendenhall, MMC, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating. Town Council Regular Meeting of May 21, 2024 5 ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): Stellar Students for the Month of May. Staff Summary (Background) Mayor Dickey will recognize the Stellar Students for the Month of May. Form Review Form Started By: Angela Padgett-Espiritu Started On: 04/29/2024 08:54 AM Final Approval Date: 04/29/2024 ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 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 May 19 - 25, 2024, as National Travel and Tourism Week. Staff Summary (Background) Mayor Dickey will proclaim the week of May 19 - 25, 2024, as National Travel and Tourism Week. Attachments PROCLAMATION: Designation of May 19 - 25, 2024, as National Travel and Tourism Week Form Review Form Started By: Angela Padgett-Espiritu Started On: 04/29/2024 08:50 AM Final Approval Date: 04/29/2024 ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of Fountain Hills Work Session - Capital Improvement Projects of March 26, 2024, and the Town Council Regular Meeting of April 2, 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 Town Council Work Session for Capital Improvement Projects of March 26, 2024, and the Regular Meeting of April 2, 2024. SUGGESTED MOTION MOVE to approve the minutes of the Town Council Work Session - Capital Improvement Projects of March 26, 2024, and the Regular Meeting of April 2, 2024, as presented. Attachments Verbatim Transcript Verbatim Transcript Form Review Inbox Reviewed By Date Finance Director David Pock 05/06/2024 03:35 PM Town Attorney Aaron D. Arnson 05/06/2024 03:44 PM Town Manager Rachael Goodwin 05/13/2024 09:55 AM Form Started By: Linda Mendenhall Started On: 05/06/2024 02:55 PM Final Approval Date: 05/13/2024 TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK SESSION FOR CAPITAL IMPROVEMENT PROJECTS OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 26, 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; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Sharron Grzybowski Attended Telephonically: Vice Mayor Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately thirty-two members of the public were present. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 1 of 68 Post-Production File Town of Fountain Hills Town Council Special Meeting Work Session Minutes March 26, 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 MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 2 of 68 MAYOR DICKEY: Hi, everyone. Welcome to our -- it's a work study session. So we're going to be talking about our capital projects coming up for this year, which will be FY25, which is kind of hard to believe when you say it that way-- 25. I think we'll start with -- we're not doing any of the regular stuff, so we'll just have a roll call, please? MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Here. Can you hear me? MENDENHALL: Yes. Councilmember Friedel? KALIVIANAKIS: Okay. FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Here. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Toth? TOTH: Present. MENDENHALL: Councilmember Skillicorn? He's here, but he may not be able to speak to us. SKILLICORN: Present. MENDENHALL: Oh. He's there. Okay. Good. Wonderful. MAYOR DICKEY: Great. Thank you so much. I think Rachael is going to kick it off. GOODWIN: Yes. Thank you. Thank you. I have a couple of statements -- a prepared statement I was going to read tonight to kind of get our arms around what is the CIP and why are we here? What are we doing and what are the goals for tonight's discussion? So welcome to our capital improvement workshop. Thank you to our mayor, the council, our staff, and all the residents here and watching from home. Capital improvement projects are an essential part of a community vitality. They represent our commitment to enhancing infrastructure, stimulating economic growth, TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 3 of 68 and enriching the quality of life for all residents. From revitalizing public spaces to upgrading essential facilities and systems, these projects lay the foundation for a thriving and resilient community. As we delve into our discussions, we must remain mindful of the importance of fiscal management. While our aspirations may be grand, our financial resources are finite, and it's our responsibility to use them wisely and prudently. By conducting thorough cost benefit analysis, exploring alternative financing options, and prioritizing projects with long-term impact, we are working to ensure that every dollar is invested effectively and efficiently. I want to take a moment to thank our staff for the time and effort they have dedicated to this process. Their expertise, their creativity, and thank goodness, their enthusiasm, are invaluable assets as we share ideas that help guide Fountain Hills towards a bright future. As I noted to our council in earlier communications, tonight's discussion is designed for dialogue and collaboration. We will begin with a review and update of current projects. Following this, we will introduce the proposed CIPs for FY25, as the mayor noted. Please note that some of the projects are brought forward at the request of council, some are brought forward as a response to public comments and suggestions, and some are at the recommendation of staff. But all of them are brought forward with the best intentions for the community and seek to improve our town. We understand that priorities differ, and that's okay. Not every project will rank as a top initiative for each of you. The goal of this evening is to understand which projects you'd like to collectively see move forward in the budget process, and which you would like to see removed or postponed. Once we have this direction, it will allow us to integrate the remaining projects into our overall budget process, which will be introduced on April 9th. As a final reminder, we have several councilmembers and staff on the phone tonight, and there may be a bit of a delay in their comments or questions. We will take periodic breaks to check in with them to ensure they have ample opportunity to connect with us. Is there any questions or anything else before we get rolling? Okay. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 4 of 68 If not, I'm going to ask Justin to kick us off. It's really going to be a Justin and Kevin show tonight. There's a lot to go over. Please feel free to interject with questions, seek clarity, whatever it is. We're going to be taking a lot of notes tonight. And again, we're we're open and here for you as a resource. So Justin, it's all yours. WELDY: Thank you. Madam Mayor, Councilmembers, a brief opening speech in regards to the future projects that you are going to see tonight. And this is in relation to the staff report that has been published. I admittedly errored in our software system when I was frantically doing a cut and paste, and some of the information that was contained in the first one was inaccurate. And this afternoon, we discovered that the Golden Eagle project is missing from the final one. We will revise that staff report and get the accurate information in there and share that with everyone, so it aligns with what we are doing. There are also a couple of minor issues with one of the PowerPoints, and either Kevin or I will explain that as time goes forward. We appreciate your patience. GOODWIN: All right. Kevin, are you going to kick us off with a review of current projects? SNIPES: Yes. GOODWIN: Awesome. SNIPES: If I click the right stuff. Alrighty. Madam Mayor, Councilmembers. Good to see everybody tonight. Go ahead and start rolling through some of our updates of where we're at this year on our capital improvement projects. I get the honor of going first; I think I won or lost the coin flip. I'm not sure which that was, but we can roll through here. So for the community services projects, we did complete the Golden Eagle field lighting. We've had lots of positive comments especially from people that live up the hill and near the ball fields. We initially had a couple of complaints, and we were able to go out and make some adjustments. My favorite comment was, they just shut off. And all we've done is move it three degrees and it made it so that it went away from their TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 5 of 68 houses entirely. So they're extremely happy with how it is. About a month later, I had another complaint. We went out and did the same thing and was able to get everybody so that they're not seeing the lights at all. Another testament is a project that we're going to be coming to you with this year for the dark sky stargazing area that's right next to the ball fields, which just shows how good they are and the support that we have for that. This project is completed, and we came in almost ten grand under the expected. The next project looks like it blurred together on this computer. It's weird how this computer does this. From our computers upstairs to this one, it -- it hides them both together. So this project is on budget and -- but this is a Desert Vista multiyear improvement project. We have -- currently, we're in the middle of putting in the fitness equipment down at the far end of the park there where we had less activity. So bringing this over there will help invigorate that section of the park as well, and it is going well. We're hoping to have it completed here in the next couple of weeks. The Fountain Hills Panorama hillside erosion control. This one may end up rolling over. Just with all of the projects that we've had going this year, I haven't been able to spend the amount of time I would like to on this. And so barring a miracle, we'll probably be seeing this one coming back around. This is the grant-funded Four Peaks restroom. It's going to go right next to where the playground is. You can see it there in the red box. This one, the town's share is only $11,000 for this $500,000 project. It is currently in process. They're doing the construction of the building right now off-site. It will come in fully intact and be put in place and ready for use. The Centennial Pavilion project is underway as well. We just recently put up our puzzle map there that you can see on the left. We've sold eight puzzle pieces so far. At $1,000 a piece, it'll help fund this project. We're also in the middle of working on the benches for the five Cs. A couple examples here. This is not the final rendering, but this is the initial rendering that came through. We just had a conversation with them today about it. I think they're almost as excited as I am about getting this project through. We've TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 6 of 68 got twenty benches ordered through multiple projects that we have going on. Of those, ten came in for free. So that makes it really nice for us as well, anytime we can do that. The eighty-foot shade structure has been ordered and is in process. It will be -- probably being installed in early June. So this one you'll continue to see improvements going on in the Centennial Pavilion area right up to the end of the fiscal. The splash pad area is rapidly getting completed. We have the fifty-by-sixty-foot shade canopy area there on the left. It's kind of divided up with purpose to where that there's two picnic tables in the bigger areas and a single picnic table in the smaller areas to where everybody doesn't feel like they're on top of each other. You can actually have a semi-private area underneath the shade canopy, and I think that's going to work out really good for the families that are using it. Total, we're bringing in twenty-one new picnic tables into that area which is our number one complaint from visitors that come to use the splash pad and playground areas: that there's not enough seating; there's not enough areas for them to store their stuff while they're playing and doing things. So this, I think, is going to turn into a fantastic area just for that. FRIEDEL: Kevin, I have a question. SNIPES: Sure. FRIEDEL: There was an issue with the trees. Did we get that worked out? SNIPES: We're still in the process of that. We have reached out attorney to attorney to try and get some ideas settled to where that we can get the trees removed. But right now, we're still at a stalemate with that one. The park sidewalks, we're -- as we have areas that are in need of repair, this was the multiyear project where that we could do several repairs within the parks to help prevent slip and falls and injuries. And we've started -- we did some over at Four Peaks this year. We have a couple other projects that we're lining up. And this one will be within budget as well this year. That's the end of our community services update. If you have any questions, I'd be happy to answer them at this time. MAYOR DICKEY: The area by the splash park, are there any benches that are around the playground for people that want to watch the kids -- watch their kids on the TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 7 of 68 playground? Because I heard about seating around there. SNIPES: Yeah. I've had a couple of recommendations for that. And at this time we don't have things going over there; this project was just for this area. But we are looking into seeing if there's budget money left at the end of the fiscal, then we could potentially get some benches over there, and if not, then we can roll that into next fiscal to get some benches added over there. We kind of figured it would call out for itself to need some benches. And now it's busy all the time and definitely in that spot where it needs it. MCMAHON: The sidewalk infill for parks. Could you please explain that a little bit more? Because it's on here, and it looks like you're asking for more money for four years. So is that going to be for every single park? If it's not used, is it going to stay in the budget, et cetera? SNIPES: Yeah. So the way that we've done this is over a four-year term, 100,000 a year for all parks. And so anywhere that we have roots lifting could be -- we did a large section up by the amphitheater where the concrete was just slick, and it was a downhill run. So every time the irrigation ran, and our early morning walkers were out there, it was ice skating downhill, which isn't the best thing to see. And so this has helped with a lot of trouble spots in the parks to help prevent injuries. MCMAHON: So this is a need more than a want? SNIPES: Correct. MCMAHON: Okay. Thank you. GOODWIN: If I can chime in too? I think you asked also if it doesn't get used, it does get rolled over. It's not a use it or lose it. And it's just a placeholder because each year it's kind of a -- it's a kind of a moving target as to what sidewalks and how many we may need to address. That's why it's just a round number, and it's available for all park use. MAYOR DICKEY: Okay. SNIPES: Anything else? KALIVIANAKIS: Can you hear me? SNIPES: Yes. Go ahead. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 8 of 68 KALIVIANAKIS: Hello? Okay. Yeah, this is Brenda. Yeah. Just regarding kind of off of what Gerry said the unsafe sidewalk and the trees that are uprooting that sidewalk. You say it's with the lawyers right now. Is there any code enforcement? Are we issuing them citations on this? Or is there any more of an update that you can provide to me? GOODWIN: Brenda, this is Rachael. I'm happy to give you a little more background. The conversation right now is they are willing to work with us to get that remedied. We're just trying to work out exactly who is taking care of what portions. It's beyond just the tree removal, but there's the roots below, and then there's the replacement sidewalk that would need to go back in. So we're working with them. But they're pretty dedicated in making that happen, and we're hopeful to have resolution -- I'd love to say in the next couple of weeks. I think everyone is anxious to get that that area repaired and back to workability. KALIVIANAKIS: And is this going to be cooperative with the city and the property owner? Are they are they going to do it -- make the repairs on their own? GOODWIN: It will likely be a cooperative effort given that the trees and the sidewalk are kind of joined; there's a property line right there where we share. So we want to make sure that what they do and what we do is complementary. So we'll be working together with that. KALIVIANAKIS: Thank you. GOODWIN: Thank you. SNIPES: Thank you. WELDY: Madam Mayor, councilmembers, thank you for the opportunity. I would like to take this moment to recognize the calm related to these projects as he and I describe them. It's not bad when we're actually on the ground and working through them. I'll let you know that for sure. This is an ongoing project. So this is the Golden Eagle impoundment area. We have some updates. The plans are all but one hundred percent right now with the details and specifications. We anticipate in the very near future here, our procurement officer, Robert Durham, will be placing this up for bid. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 9 of 68 A little bit of background on this in regards to what we have. So we currently, this year, have $500,000 budgeted. We have $111,000 of that encumbered for the design, and that leaves us $338,000 should we need that for either construction management or any construction-related cost prior to June 30th. This is a multi-year project. This is to address our aging infrastructure and relations to our storm drain structures. This year we are right on target to be just slightly under the budgeted amount, but because we've not yet finished the fiscal year, we do not have that final number. However, it will not go over budget. This project is primarily in last year, but we put a little bit of funding in this year just in case we needed it. And of course, we did. So we had $62,500 in the budget for this project this year to pay some of the work that ran over. A little bit more on this one. The entire budget for this project over two years was $371,000, just under 372,000. Of that, $347,000 was spent. Maricopa County Flood Control gave us a grant in the amount of $260,000 -- just about $261,000. So the town's share for this project was $111,000 over the two years. This one right here, just around the corner, very similar. This one is on Deuce Court. This one was budgeted at $180,000. We spent $115,000, received $111,000 in a grant, so the town's share for this one was $37,000 for this project. And if you've not had a chance to go down into this neighborhood, I encourage you to do so. It's made a substantial change in that area. This is one that we put in the budget as a placeholder as we apply for federal grants. Unfortunately, we did not make that cut. This $200,000 remains in the capital budget for this year. This is the final phase of the Panorama Wash project, which eventually will go under another name. The last phase on this is the revised electrical and the revised equipment to operate the surface water pump. This year, we have $100,000 budgeted. To date, we have spent $2,700. We anticipate a design fee from SRP; historically around 11- or $12,000 and then the balance will be to purchase the equipment once it's been identified. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 10 of 68 This is a before and after. So the one on the left-hand side is before, and this is looking west across Saguaro from the drainage area in the golf course. And the photo on the right is the after. As just a reminder, this project right here, it was a two-year project. We did the west side last year. The intended purpose of this, and I will say this with confidence, is working wonderfully. We have been out there during several rainstorms, and that intersection has remained free of flooding and isn't creating the driving hazards that we've had in the past. FRIEDEL: Justin, I just want to say that project turned out really, really, really good. WELDY: Thank you. That's very kind of you. This is the Shea widening. This has been going on since, well, the '90s. This is just another part of that. It takes a considerable amount of time. This project -- for this year, we have $565,000 in the budget. This project is also nearing the hundred percent design and soon will be available and ready for bid. A little bit of additional information on this is, we currently have $37,830 encumbered for design. That leaves us a balance of about $520,000. As a reminder, this is a cost share. The state pays 70 percent for the design, and the town pays 20 percent. There is some conversation in regards to when the Prop 400 money ends and the new quarter-cent sales tax begins, but for right now, for construction, the town's match will be 20 percent of that total. And we will have that engineer's estimate prior to releasing this for bid. This is Palisades and La Montana. This was a council-initiative project where we did an analysis. That analysis is completed, and we will discuss that as part of the future projects. This project will not go over because it was a not-to-exceed amount of $49,000. This one right here is a grant. And just one council meeting ago, I came and asked the mayor and council for some additional funding, $521,000 to be exact, to allow this project to move forward. ADOT has completed that process. They will be sending a notice to proceed. We will be getting a construction schedule and start date very soon. When we receive that information, we will share it with the town manager, and she will share it, in kind, with you folks. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 11 of 68 As a reminder, coming up for the future, for next year, town staff is asking for an additional $200,000 for this project. The reason is the project has not yet started and we'll go into more detail about that, but there is likely to be some obstacles that we may have to deal with, and any of those are the responsibility of the town to make payment on. This is a multi-year project. Every five years the Arizona Department of Transportation, at no cost to the town, inspects all of our bridges. We have put together a budget to make the necessary repairs for the ones that they've identified that require immediate -- or repair before the end of the fiscal year. This year we have completed that task and we're just slightly under a budget. This is a community center renovations. On the left is the old area there that was walled off; we opened that up. And on the right is the finished area there. That area that was once opened and used for various reasons is now a closed and climate- controlled storage area. Its primary use is going to be to support the activities of the new and improved Centennial Pavilion area. On this one right here, the budget was $200,000 for construction. We spent just under $189,000. That leaves us with a balance of $11,000. We will utilize that balance to continue to work with the architectural and engineering firm. They're helping us for outlying projects on this in regards to water intrusion and other issues related to the building. This is a sidewalk infill project. This, again, is another multiyear and not tied directly to the grant. We do have a little bit of good news related to that. The budget for this year is $300,000. Historically, we pull $100,000 of that out for design to help us with the challenging areas. A couple of good examples would be the Desert Vista crossing at Saguaro. And the Desert Botanical Garden connector to Palomino -- where we had to cut some slopes in there and put in some walls. The good news for this is the town engineer, under direction from the town manager, was able to secure $65,000 -- actually, it's just over $60,000 for design assistance. That allows us to spend -- $60,000 we would spend on design we could now spend that on additional sidewalk. So this year was offset in regards for the design for $60,000. We TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 12 of 68 anticipate that we will spend the lion's share of this money. The image that you're seeing right here was on the one- to two-year gap elimination that was adopted in the active transportation plan. The upper left corner, just out of sight is Kingstree. This sidewalk is on the southbound side and takes us just beyond -- or just to Indian Wells. This is a pretty vital connector to Desert Vista Park. This allows for that obvious gap elimination for the residents coming out of the nearby neighborhood on the west side of Saguaro here, and there's quite a few of them. The second one is -- right about in the middle of this is where the school bus stops. And it's been stopping there since -- well, Fountain Hills had schools. So as part of our sidewalk, we are going to put a landing in there that allows for the children to exit onto Saguaro and walk onto the sidewalk and then enter the cul de sac or Indian Wells, whichever they choose. Palisades and Eagle Ridge. This is a traffic signal design that is just about ready. When it's ready and sealed, we will simply put it on a shelf, and should this council or a future council decide that they want to go to construction with the traffic signal, we will visit it at that time. This is again a solid number that will not be exceeded as part of this year. Let's get to some really good news. No, I was looking for Steve, Paul or Marc. This is the exterior lighting and electrical upgrades for the town hall campus, so all three buildings. This was budgeted at $157,000, as you can see. The facilities team, which consists of Steve, Paul, and Marc, worked their magic and they were able to secure everything necessary for $41,000. We do not anticipate, at this time, there will be any additional cost for that this year. And our hats off to them for that because they really worked hard to accomplish that. This is another one based on the fire alarm panel that was replaced in the community center. We budgeted $90,000 for the one in this building. That same team that I just mentioned from facilities -- Steve, Paul, and Marc -- were able to secure everything necessary to bring this up to date for $20,000. That's a substantial savings. This is the replacement of our chillers. So we had originally budgeted this for $110,000; TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 13 of 68 however, back to the aforementioned staff and facilities, met with myself and the town managers and some experts in this area. After a discussion discussing the equipment we had and its condition and its current use and its maintenance, it was decided that this project would be deferred to the outlying years, not in next year or the following year, for a couple of reasons. One, this equipment has been well cared for and it's in good shape. Two, this is now outdated technology that operates this. They have adopted and developed new technology. However, it's not tested long enough for us to feel comfortable to move forward. We feel that in two or three years, that technology and all of its bugs would have been worked out, including a new state-of-the-art refrigerant, and at that time, a decision will be made on how to proceed with this replacement. Lastly, this is the community center, interior lighting, and primarily, those giant hanging lights right there are one of the challenges we face. We are working with an architect and an engineer to determine what size fan is the best to hang up there because that's the best replacement, are fans with lighting, to allow a little bit more circulation. Staff, facilities, and community center staff is working to purchase the controllers and the other items that we will have in place and ready to install. I'm not convinced that we're going to get the answer or the equipment we need for the fan for this year, but we'll have to wait and see and if not, look at it for next year. That's everything that we have for public works for this one. Any questions? I'll do my best to answer them. MAYOR DICKEY: Any questions on the phone? KALIVIANAKIS: Hi, everybody. This is this is -- TOTH: If I could just give a shoutout -- MAYOR DICKEY: Hannah, do you want to do -- TOTH: Go ahead, Brenda. MAYOR DICKEY: Hannah, do you have a question? TOTH: It's not a question. I just wanted to give a huge shoutout to our staff and thank Justin hugely for Steve, Paul, and Marc saving the town $186,500 with those projects TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 14 of 68 mentioned and then bringing us up to about $296,500 if we're including that money that's been deferred. So just huge shoutout to our staff. You guys are wonderful, and I'm so proud of you all. MAYOR DICKEY: Thank you. Brenda? KALIVIANAKIS: Yeah. Thank you, Ms. Mayor. And I actually just want to repeat what Councilmember Toth said. Yeah. Justin, Steve, Paul, and Marc seem to be the new Beatles. They're a great team. They're looking out for the town. And you know, when you have a lot of governments accused of $1,000 toilet seats and this and that, they're really making things happen on a tight budget, and they're really looking out for the taxpayers. And I just can't tell you how much I think all of us councilmembers appreciate it. So thank you, Justin, and please thank the staff. MAYOR DICKEY: Thank you very much. I think some of the stuff that you said will go into questions in the -- for the projects that are coming up because -- some of those savings and how that might be utilized in some of the things that we're going to be talking about for FY25. Thank you. WELDY: You're welcome. Thank you. SNIPES: Madam Mayor, Councilmembers, I am back again. So this time, we're taking a look at our future and what we're hoping to accomplish in fiscal year 2025. So today's presentation will cover both the capital projects for the community services as well as the public works department. And we'll also look at some outlying years and the expenditures that we're expecting. Our first one is here, at Four Peaks Park. We've installed the town's first three pickleball courts, and we could probably use thirty more if truth were being told. So -- MAYOR DICKEY: I want to just stop you for one second. Rachael, so is this the point where we're going to talk about these things and decide what we want, if we want to go forward? Because if we are, what I would appreciate is a what do we have in our capital projects balance -- TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 15 of 68 GOODWIN: Yep. MAYOR DICKEY: -- what these will add up to, totally? Because it'll be hard to say yes, no, yes, no, if we don't know what we're affecting. And then finally, remind us how it's replenished. So how do we replenish our capital funds? And I think I know the answer to that, but I think we ought to talk about that. What is our balance? What are we comfortable leaving as a balance? And what are these all going to add up to? Because I think it'll help us decide as we go along. GOODWIN: Absolutely. MAYOR DICKEY: Gerry? FRIEDEL: Also, could we identify what projects, like these park projects, that might be development fees? GOODWIN: Yes. So a lot of questions. The answer is yes, at the end of each section -- so just like Kevin will wrap up, and he'll look at community services, and then Justin will do his and we'll look at public works. They, at the end of each section, will have a total and those will denote whether they are from alternate funds like development funds or if they have grants associated with them. So we've broken those out a little bit differently this year. So you'll be able to see kind of where that's coming from. Mayor, before we get started, it might be helpful to talk about what we do have in the CIP. I have those balances, but I am going to see if Paul wants to step up and walk us through that. SOLDINGER: Mayor, council, thank you for the question. So I'll try to cover some answers for you. So to begin with, we project about $11.5 million available for capital projects in the capital projects fund, and that includes existing fund balances of about 6.9 million. And we're projecting about -- a recommendation of about $4.7 million to be transferred into the capital projects fund at year-end. And that's just in accordance with the town's policy on that, which requires existing fund balances on top of our rainy day fund, as well as our unassigned fund balance to be transferred into that fund. MAYOR DICKEY: And that comes from -- the transfer is construction sales tax. And what other funds or sources go into the capital to transfer in? TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 16 of 68 SOLDINGER: Yeah. That's a great question, Mayor, Council. So basically, each month we are depositing monies based on tax revenues into the capital projects fund. And that's included in our projection for the year-end fund balance of $6.9 million. And then, also at year-end, based on the general fund projected ending balance of a little bit over 15.5 million, we have to keep certain fund balance requirements in accordance with policy. And then policy also requires the town to transfer the excess monies into the capital projects fund. So that amount that we're projecting to be transferred is about 4.7 million. And that's also considering a couple of transfers that we will recommend in the proposed budget session coming up, about $2 million to go into the Fried Fund as well. MAYOR DICKEY: Councilwoman? MCMAHON: So when you first started out, you mentioned -- is it 4,000,070 that's going to be transferred? Because I didn't quite understand what you said. SOLDINGER: Yes. We're projecting about $4.7 million to be transferred into the capital projects fund at fiscal year-end. MCMAHON: So -- SOLDINGER: And we already -- and Mayor and Councilmember, we also have existing fund balances that already exist of about $7 million. MCMAHON: Okay. And that consists of construction, sales tax money et cetera? And then what you don't use, you transfer to capital improvements? Or -- SOLDINGER: Mayor and Council, yes. That's the existing fund balance. MCMAHON: Okay. SOLDINGER: It's kind of the money that's already there, that's been accumulating based on certain projects being completed, or for example, some of the examples that Justin and Kevin discussed. If we weren't able to get to them, we still have those monies, almost like a savings account -- like a bucket, just like in the last presentation that we discussed. So we have existing monies and at year-end, in accordance with our policy, we will transfer monies back into that fund as well, on top of those monies. MCMAHON: Okay. Thank you for the clarification. I appreciate it. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 17 of 68 SOLDINGER: Sure. MAYOR DICKEY: And just one more thing, then. Everything that's being presented to us tonight, if we were to approve everything or move ahead pretty much with everything as is, you're comfortable with what that would leave in our CIP? SOLDINGER: Mayor, Council, yes. We have projected fund balances to cover everything that we're discussing tonight, which Kevin and Justin will get into. Based on our projections and the amounts that they're proposing, we have about $10.3 million of proposed projects. Not all of that would come from the capital projects fund because -- we'll talk about certain projects funded by development fees and the downtown fund, but of the 10.3 million, we're projecting -- or I'm sorry, the proposed projects include about $6.1 million that would be coming from the capital projects fund, out of that 11-1/2 million that we just discussed. MAYOR DICKEY: And the last thing is, with the grants I noticed in several of them says that we are responsible for the upfront costs. So that's something that is kind of taken into consideration with all of these? SOLDINGER: Mayor, Council, yes. A great question and a great time to clarify. That $6.1 million that I mentioned, that's considering that we do get those grant reimbursements. So the 10.3 million includes that amount. But if we back that out and the other alternate funded projects, such as the development fees projects we'll talk about, as well as the downtown fund project that we'll talk about, that's where we get to that $6.1 million of proposed projects and how much it will cost the town's capital projects fund. No problem. GOODWIN: Mayor, that was a lot of numbers and a lot of information. If we need to recap that, or if there's questions moving on, we can certainly do that. I have to -- hats off to both Paul and David Pock, who have gotten these numbers together and helped get them in a very understandable way. But the bottom line is we have about $10 million worth of projects proposed tonight, but we would be reimbursed up at roughly four million of that through different resources, so the actual expenditure is just over 6 if everything were to be approved and moved forward. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 18 of 68 Obviously, tonight is the decision of if there's other projects that we don't want to do or that we want to defer or delay. I know at our retreat, we talked about the ability to say, you know, green light, some projects, and just if they're good, we want to see them go and move and not come back until they're done. We'll have that conversation, the green projects, the yellow projects at our budget discussion in April. So tonight it's just either leave it in the budget or no, we don't want to move forward with it. It's just a simple yes or no, leave it in or take it out. Does that make sense? MAYOR DICKEY: Yep. GOODWIN: Awesome. MAYOR DICKEY: Thank you. SNIPES: All right. So back to where we left off, the exciting Four Peaks Park pickleball court project. We have ran several leagues over there. We've done several trainings. And the pickleball has proven to be a extremely successful venture for us. So what we're proposing for next year is to add three more courts just across the sidewalk from where the existing is. You'll see it marked with the red X there in the overhead view. And we think that this will greatly increase our revenue through running our leagues and our classes as well as increase the joy, as they say, for our pickleball. Our next one here is the playground at Golden Eagle Park. It's not the entire playground. We have replaced sections of this playground. The two- to five-year-old playground, I believe, was done in 2015 as a joint project with the Kiwanis. The middle section, just above where that square is, we did that one in 2018, right before the entire park was flooded. It still hurts. And then, now, we're looking at the section that's under the shade canopy at the furthest end. And that playground has been there since the late '90s. I believe it was put in in '97 or '98. If you look at the pictures there, off to the right, you can see the rubber matting that's designed to help make the steps safer, there in that middle picture, is peeling off and exposed metal now. The picture on the top right is a crack that's starting to form in one of the slides. And the bottom picture there is -- should be a round piece, and instead, it is egg-shaped, which is showing the wear and the age of TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 19 of 68 the products that are there. I'm sure they were fantastic in their time. Now they're getting to the point where they are becoming safety concerns, especially when you start talking about slides and having cracks and holes in your slides. So this is something that certainly needs to have attention sooner than later. And we're looking at 150,000 for this project. Here you're seeing again the multiyear sidewalk replacement that Rachael talked about. And this is going to be the third year of this project where that -- we can make sure that our sidewalk stays safe for our residents. The next one here is the Avenue Linear Park. We haven't done any upgrades or improvements or anything to it since it was put in in 2015. And it's becoming time where we need to look at making some upgrades and looking at adding some more shade to the Avenue in key locations to try and increase how long people spend on the Avenue versus just coming and walking through. We found, through our businesses, that they would much prefer if we could help get people to stick around. People that stick around tend to spend money at their stores, and that's what we're looking at doing as part of this project. We're also looking at removing the existing spider box plug in for the events that we have and for when we have the Christmas light display. The biggest issue with them is that they turn into a trip hazard. And as you can see in the picture there, they do look beautiful with the big orange cone on top of them throughout the event season. Yeah. Very festive. Yes. Yeah. Maybe we should get them out for Easter. So what we'd like to do is get those to where the box itself has 110 outlets in it so that we can eliminate the spider boxes entirely. Make it so that each spot will have multiple plugs in it. It will still function the same way. The only thing that will eliminate is us having a box and cords out there to increase the risk. The first year of this multiyear project is also going to include the reason it says 235,000 for this year, is that we're looking to include putting in a root barrier where the sissoo trees are at. The sissoo tree is one of the most aggressive trees that we have here in Arizona as far as their roots go. If you have water, and it's seventy feet away from the TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 20 of 68 tree, it will go find that water and it will choke out whatever it is that's providing it. That includes going through pavers and lifting up the pavers and causing trip and fall hazards. We spend quite a bit of time and money each year already, and it's been increasing over the last couple years because the trees are getting bigger and the roots are getting larger. And so we're seeing lots of raised pavers out there. We go in and we cut them out. We cut the root out, we put the pavers back. And then in the next three to five years you're going to see it again because we don't have anything there to stop it. So what this will do is we'll put a vertical -- it's basically a plastic composite and it's very thin, but it's designed to just go straight down from, from the edge of the sidewalk. And what it'll do is when the roots are really small, it'll hit it and turn because it's so small, it doesn't have any power to push through. So it'll hit it, turn, and then we don't care where it goes as long as it's not under the sidewalk. They're very effective. I've used them in several different areas. And it's something that I wish was done on the get-go; it would have been much easier. But this is going to involve having to work around the irrigation and other things like that. So it's not going to be the easiest project to do. But I think anywhere that we have the sissoo trees next to our sidewalk, we need to get this put in. MCMAHON: Kevin, is it $35,000 just for the material? SNIPES: It's material and install, both. MCMAHON: Oh, okay. Thank you. KALIVIANAKIS: Hi, this is Brenda. Can you hear me? SNIPES: Yes. KALIVIANAKIS: Okay. Thanks, Kevin. Is there any way that we can separate the $200,000 for three years, so $600,000, and have the root barrier program separate? And the reason they ask that is because we're dealing with Amanda right now on what she calls the streetscapes for the downtown improvement projects. And now it seems like the Avenue linear improvement projects are kind of like the same umbrella. She had originally come and asked for $535,000. Now this is $600,000 for three years. That might be a separate conversation that we have on a different day. But it seems like the TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 21 of 68 $35,000 to prevent the root damage is money well spent. So is there any way those things can be separated? GOODWIN: Brenda, this is Rachael. And we do have Amanda here, too, to chime in. I think the conversation is actually two separate things, and I understand where you're going with this. Essentially, if you can think of the park as a park and the downtown streetscapes and improvements as everything but the park if you want to think of it that way, the improvements that Kevin's talking about are not necessarily part of the downtown improvements and a part of that plan that Amanda is working towards. They will work together. They certainly have a relationship there and there's certainly harmony there, but the idea of replacing the shade structures and the outlets and all of that type of stuff is critical to the functionality of the actual park and the usage of the park. Amanda, do you want to chime in on anything? JACOBS: Yes. I just wanted to add, Madam Mayor, Councilmember Kalivianakis, and thank you, Manager Goodwin. So Councilmember Kalivianakis is correct that, last year, I had requested $635,000; that was a bit too much. We attempted $535,000, and then, at that time, because we could not reach consensus, we took that project off the table. So what I would ask is sort of pretend like we didn't have that conversation. So I mentioned at the November retreat and then most recently in February, what we want to do in talking internally, operationally because our downtown strategy, which thanks again, you guys gave us support, to start proceeding with that, is to put that all together, have a focus group, look beyond the Avenue because we have Palisades, Park View, the frontage of Fountain Park, and how is that all going to work together, present you that strategy once we've gone through our due diligence with public comment. And then come next fall, present you sort of our top priorities because what we're hearing just preliminary, we'll get into it more in April during the economic development update, some of our areas don't have electricity, as you know sidewalks. So again where are those priorities? So Councilmember Kalivianakis, I appreciate you remembering me bringing this project. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 22 of 68 But I ask you, just pretend like we didn't have this conversation last year. Any questions? Or she's already pretending. MAYOR DICKEY: I have a question. Or just a -- because I had the same feeling about this. Like, how does this meld in with the fact that we're having -- we just started a -- we're starting a survey in April, and then we're coming back to us with hopefully something in September. And we wouldn't want to hear that what comes out is we don't want shade, which is ridiculous, but just something that would be the opposite of what we're spending money on now to do. And again, one of the things we talked about with the downtown stuff had to -- also, we talked about Wi-Fi and music and pets and all that kind of stuff, and to just make sure we're not spending money now or diverting something towards the median that will come back to say, we wish we hadn't done that, because look what happened with the downtown development strategy. So I understand what you're doing here and I'm all for it, but I'm also not -- you talked about the spider boxes, and we had replaced all the electrical stuff because of pets using them. So are we going to do this and then have to replace them again because we haven't solved the problem of using that as a pet restroom? So that's sort of where I'm at, too. I want to move ahead, but I don't want to do something that we either have to do over again or isn't something that ends up being wanted after we do the surveys and such. JACOBS: So I'll start and let Kevin finish and hopefully take us home. So I think to what Manager Goodwin was saying is to look at this -- and it's funny as we're having conversations, some folks don't actually identify this as a park. So that's sort of that brand messaging. So to look at this, this is something separate. It's a linear park. And then as we were talking last year and showing some examples from the Avenue Merchant Association, where it almost looked like we were ripping up and starting all over when the town has already committed to over $1 million, maybe closer to 2; don't quote me on that. And so in talking to our TAMA group, so that's The Avenue Merchant Association, so just TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 23 of 68 now using an acronym, and already -- so we've kind of finished our initial round of the focus group. And what Kevin is presenting is in alignment, really, it's that shade. And then what I'm appreciating with our business community in ninety, ninety-five percent of them are also our residents, is looking at this that we need some enhancements to what Kevin said of, okay, some of our restaurants in the downtown don't have that patio seating. I don't like to call out certain businesses, but again, to visualize Papaya'z. So they'll bring out some seating, but we're in the hot Arizona sun. You know me, all in black. It's not just about me, but where is that shading? And then we have this beautiful park. You're seeing people just walk through it. Let's have them stay and activate. And so with this it's providing that shade, some of that outdoor seating ,and some of this is what we've been talking about of that placemaking. Or let's activate where people are staying and enjoying themselves. So I hope that helps, Mayor. And then I'll turn it over to you and all those power boxes. Do you want me to stay around? MAYOR DICKEY: Okay. But it's the picnic tables and the seating. I mean, they're getting wrecked. And again, how is the timing going to work out? We put brand new seats in and shade structures that are nice, and they get all stained. So this needs to work hand in hand. And again, I'm all for both aspects of it. SNIPES: Yeah. That's part of what we've considered when coming up with a plan for this, is this is kind of the next phase of our park improvement that we've done over the years. We started at Four Peaks. We went to Desert Vista. This is kind of the next one in line that needs some of that attention, the damage that we're seeing to the existing event receptacles. We have found some installation issues that didn't help with that at all and how they were wrapped below grade as well. And then you combine that with the dogs' help, and it led to a not-good situation for our existing boxes. We're certainly considering all of that as we select product to be put in, knowing, especially now, compared to what, I think -- how it was used in 2015 was completely different than how it's used today. And so when they were making their selections, I'm sure that they were looking at a totally different type of usage compared to what we TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 24 of 68 know now we have. So we'll be trying to plan both for now and for the future for that park and to make it as user-friendly as possible. FRIEDEL: Kevin, you mentioned there were installation issues with the past. How do we ensure that doesn't happen again going forward, if we're going to put this kind of money into the park? Can you talk a little bit about that? SNIPES: Yeah. We'll have cut sheets that our installers will have to follow. And then we'll have inspections to make sure that they follow what they're supposed to be doing. So back to the 200 versus 35. We had them separate at first, and we tried -- then we thought putting them together would make it easier, but if that makes it harder, I don't care either way if we want to go with that. GOODWIN: So the reality is, is that a CIP qualifies at $50,000. So to do the root barrier, we would not do it out of the CIP. We would do it as a supplement out of the general fund if we wanted to separate the two. Because this was sort of a multiyear project, we felt like it made more sense to kind of do all of this in conjunction and kind of in concert with each other. I don't necessarily have an issue either way. If, for some reason, the linear park improvements does not make the approved list, then I certainly think we should put the thirty-five into a supplement if this does not move forward as it's presented tonight. SNIPES: Yeah. It would seem to make sense to take it out of the CIP budget if we're doing both projects. GOODWIN: Correct. SNIPES: It makes more sense to take it out of the CIP budget. All right. Our next one that you've all been waiting for. In case you were wondering, this is the applaud group. So this is the Panorama Park that we're looking at bringing a pathway through, revegetating the area after it was changed from a wash to a culvert to a storm drain area. We're looking at several different means to irrigate the area for the plants that we install. I've been meeting with some of the HOA members and looking forward to getting this back to where it's not just a sheet of dirt out in the middle of the -- next to the homeowners, to where that they're getting dust blown up into their TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 25 of 68 houses every night. But I think this is a really good opportunity. It's still a nice, clean slate. Makes it easier to go in and make changes to. We think we have enough water at the well site or the pump site that we're pumping back to Fountain Park that we should be able to use that water to where we won't be adding water to our usage either. And I think all parties involved will be happy with a final product like we talked about earlier, coming through and doing a more natural pathway through there, using the same type of product that we used up at Adero, that we're very happy with. I think it'll be a nice, shaded area that would be an enjoyable addition to our park system. MCMAHON: This is just for the project? It's not for a crosswalk or anything like that, right? SNIPES: Yes. MCMAHON: Okay. That comes in with the crosswalk? SNIPES: Yes. And we'll be talking to you about that later. MCMAHON: Okay. Thank you. MAYOR DICKEY: Councilman? FRIEDEL: I think this is a terrific use for this property. And I was up at Adero just last week and saw that material that you have up there. And I think it's a great fit for this area as well. SNIPES: Great. Thanks. MAYOR DICKEY: And when we talked about before, just to make sure we didn't put anything in that interrupted views. Right? So the Staylok -- development fees are paying for it? SNIPES: Yes. MAYOR DICKEY: All right. Sounds good. SNIPES: Here's another park edition that we talked about a little bit earlier. This is also a development-fees project up at Bainbridge and Golden Eagle Boulevard. We'll be looking at hauling away the storage material that's there currently and then turning this into a more natural habitat and bringing in a concrete pad that will be able to be used TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 26 of 68 for both classes as well as for stargazing. I've talked to several residents that are up the hill, I know that they are in full support of this and look forward to it being converted over to a park. Many of them are users of Golden Eagle now and like what we've done there. So I think this would be a really nice asset for the town. And we do have Dark Sky's blessing on this. I had them go out first to check. I was concerned about -- with all the ball field lighting that we have there. And they couldn't believe that it was as dark as it was, compared to what it used to be with our new light. So with that, I know that they're fine with using this as our stargazing location in town. We'll add a couple of ramadas, doing another trail there with the Staylok product and adding in some educational plantings to where that people can go see some plants and some natural environment and get some ideas for their house as well. MAYOR DICKEY: So the people that had concerns about the storage of our stuff -- and I know that, at our retreat, we asked about it, and so we have an alternative spot for what we're going to do there for the staging. SNIPES: Yes. MAYOR DICKEY: And those folks are okay with the park aspect of it? SNIPES: Yes. MAYOR DICKEY: When you moved the lights three degrees, did that help? Does that affect the dark-sky thing? Just kidding. SNIPES: It's all good there. MAYOR DICKEY: And the Pleasantville Park, we've been joking a lot about that. Is that, like, Stepford Wife Park or something? I expected it to be in black and white, so I don't know what you want to call it, but that's kind of cute. Do you anybody on the phone have any questions? Thank you. That's great. SNIPES: All right. So our next one's the getting a restroom for the Avenue. This one's gone about 75 different directions. We're still not narrowed down completely on this. The price will be similar to this price if we go with the four-stall setup. That's what this price is estimating. We're currently looking at some different locations. We've been working with Platt 208 on some spots, and so we'll see what ends up becoming available TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 27 of 68 and what the cost that is involved with that as well. We can look at just making sure -- like, to me, if we do any restroom on the Avenue that's not at least four stalls, what we'll do is create complaints. And so making sure that it's at least four because if there's one thing people like to complain about, it's a dirty restroom. And it's something that we get compliments on all the time, of how clean our restrooms are in the parks. We were in a focus group last week, and somebody asked how we keep them so clean. And the only response that I have is, our crews are that good. Both day, night, weekend; it doesn't matter when you're here, they strive to make sure that we have clean facilities, and there's a lot of parks that don't do that. It's definitely a pet peeve of mine, and when I go around to other parks, I judge them based on what I expect ours to look like. And we have such a strong crew that they really care, and they make sure that they are clean. The last thing I want to do is have a section where we don't stand a chance. That's not fair to them, and it's not fair to our residents. Any questions about this? MAYOR DICKEY: Do you think that this amount is what we still need to budget, since we had other options that we were looking at? This full amount, Rachael? GOODWIN: My honest answer is, probably, yes. If we end up back to square one, which we seem to continue to circle back to, we want to be able to move forward if that's where we land. If we find that we are under budget, no harm, no foul. That's always a great place to be, and we don't need to make any adjustments at that point. What I would hate is to put something below and then find out we need more. That's obviously a harder process to overcome. The one thing I was going to actually add to this, and Kevin, please forgive me because I'm going to put you on the spot, but as part of this conversation, we've been talking about pet relief stations as well. And I know that that was a hot topic for us at the retreat, and we've had a chance to talk about it as staff in terms of the logistics and the operations of that. And there's actually quite a few challenges to talk about in that respect as well, that a pet relief station is more than just a ten-by-ten or a ten-by-twenty square. It's the maintenance and the pickup of it. It's the cleanup of it. It's the smells TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 28 of 68 that are emitted. It's a lot more to it, especially monitoring. So Kevin just talked about how much pride there's taken in keeping our human restrooms clean. There's -- just as much effort, if not more, may be needed if we do pet relief stations. So we need to talk about how that works operationally. Did you want to chime in on anything about that, too, Kevin? SNIPES: Yeah. I think there's a lot of unknowns as far as what all that would entail. The amount of dogs that we have on the Avenue, for one. Trying to get them, and probably more so their owners, to get them there first before they would go anywhere else, I think, is a challenge. And then as Rachael was talking about the size of the area, when you figure any given time in the morning, we probably got twenty dogs on the Avenue that are being walked; I wouldn't think that would be an uncommon number out there. And then you start thinking about all of them needing to use a single location. It turns into a tough -- it'll turn into a compacted dog park for using facilities. And I think that's going to be a very difficult thing to monitor as well. And then we'll fall back into the same issues of enforcement of issues. Who can? Who can't? Who will? Who won't. I think all of those things are are topics that we need to figure out before we go this route because as soon as we say, you have to, someone's going to challenge can we tell them they have to or not? And so I just want to make sure that we have all of our ducks in a row before that becomes our angle for the Avenue. And it's not that we can't, it's just going to take some time and and getting the right people involved. And it may be more costly than what we think it will be, as well as it may take more time to get everything figured out. MAYOR DICKEY: The issues that you say would happen at a pet relief station are what happens, then, in the median, which is a fairly narrow area. And so those issues then affect our -- here we are trying to beautify it, make it better, help the community -- the businesses, I mean, and when that, what you're talking about, is happening in a fairly narrow area where -- and I know we talked about it before -- we have music there, we have people sitting on the ground there, we have people trying to eat there. So it's kind of interesting because the thing that we're saying is wrong with the pet TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 29 of 68 relief, we're using the whole linear avenue as a pet relief. Perhaps if it wasn't, then maybe not that many people would go there specifically to bring their pet, put the pet in the car, and go there. Maybe they would be more like in their neighborhood or whatever, and then just use that park as a park. It's not to say that something might not happen, just like at any other park, but the idea of the way it is now, again, spending a lot of money to make it the kind of thing that Amanda is talking about with that flaw, in my opinion, on the ability for human children to be playing and picking stuff up and whatever, I don't know. To me, it's worth to continue to try and solve that however we can. And I've been to parks where there are signs that say the pet relief is there, you cannot use this. And I'm sure it's not a picnic to try and enforce, but does that mean we don't even try? Gerry? FRIEDEL: Or to educate people in the habit of doing it now? And that's going to take a lot of work, a lot of effort, to retrain not just the dogs, but the walkers. GRZYBOWSKI: If -- MAYOR DICKEY: I wanted to mention to the folks on the -- I'll let you go in one second. But just, also, that I don't know that everybody knew that you could ask questions when we started. So if anybody on the phone or here has questions about the first three items that we talked about, please do that. But Councilwoman? GRZYBOWSKI: I was just going to remind people how much problem we have with the off-leash dogs. That is part of our ordinance, and it is -- every day I'm out, I see at least one off-leash. And I think it was at the retreat we discussed the potential of a code enforcement officer that he walked up to, one time, somebody that had their dog off- leash, and he didn't even need to say anything. The guy saw the town shirt and just automatically leashed his dog. So we already have a problem with leashed dogs, something that is already an ordinance. So this whole new thing is definitely going to be a problem; I just see it. MAYOR DICKEY: Any questions about any of these items? KALIVIANAKIS: Yeah. This is Brenda. Can you hear me? TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 30 of 68 SNIPES: Yes. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Yes, this is certainly larger than the dog problem, but just with the whole public restroom facility issue, as far as -- we're just going for guidance tonight. I think we should just possibly put this off for another year. It's been the subject of a lot of talk. We're still struggling to get a location that isn't close to the town hall. We're still thinking about, possibly, Park Place. We're discussing the pet station. It just seems like there are so many unanswered questions that it just -- I think the staff needs to do a lot more work for this to come before the council to look for the kind of funding that it's going to take. I just think that we have to shore up plans to show something reasonable, something that's going to help the problem. I mean, the concept of having restrooms is a good one, but it just seems like we're in the weeds on the details, and we just need more time. Thank you. MAYOR DICKEY: Thank you. Brenda. So again, we're not doing the red, green, yellow tonight, right? Unless we know we don't want to do something? GOODWIN: Correct. All I need to know is if Brenda's motion or her suggestion -- it's not a motion; it's a suggestion -- to potentially table it for another year or defer it, if that has some merit and other councilmembers feel that way, and that's the way we want to go, then certainly we will back this out and it won't be reflected in next year's budget. That's all I need to know, whether we're leaving it in, or whether we're taking it out. Same thing with the Avenue linear park three-year plan. If we're leaving that in, then we'll leave the root barrier as part of that. If we're taking that out, then the root barrier will get deferred over into our general fund. So I just need to know whether we're leaving it in or taking it out. SKILLICORN: Madam Mayor? MAYOR DICKEY: Go ahead. SKILLICORN: Thank you. I wasn't sure you could hear me or not. So I actually would echo the delaying some of these projects. Even though the idea -- or I just heard the town manager mention the root barrier, I still think that cracked sidewalks and eliminating trip hazards is a critical role of the town. So that is something that is TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 31 of 68 important to me. But some of these, I think we still don't have an answer to. And I'm a little bearish on some of the costs I'm hearing for some of these projects. Some of them, like the restroom and stuff, even though I still look at -- improvements to the Avenue are important and will pay for themselves with people hanging out and using our businesses more. I think that is of crucial importance, but some of the things, like the restroom, we still have an idea of it, and I think some of that will come to us in the future with future development. That's all. MAYOR DICKEY: Gerry? FRIEDEL: I think that we should allow the staff to continue to work on this and not delay it a year. That's just my thought. We don't have to spend anything right now, but let's let them continue their investigation and come up with some solutions for us on this. And I think that the -- the rest of the linear park thing, I'm in favor of shade structures down there, I think it's important going forward. Again, as long as we're not going to be ripping it out to do something else. I think that that's critical. So we have to identify and make sure that it's going to be something that we're going to live with, and everybody's going to be happy with it. So if we can do that, I'm in favor of it. I think we should still investigate a restroom down on that avenue. It's been needed for years, and it's been talked about for years. So I don't think it hurts to do the investigation to come up with some solutions. SNIPES: To that, the one thing that I'll say is, if we keep it in and something -- an opportunity knocks, then we have the funding to do it. And if it doesn't, as you've seen, we can push stuff off another year if we don't have something happen. If something happens, then we're going to bring it back to you and then you can vote on it at that time for us to decide whether or not we put in the restroom where we put it in at because it seems like location is half of what this conversation is. And so if you think about it like that, it's just another way to think about if it's worth keeping it in or not, so. MAYOR DICKEY: Councilwoman? MCMAHON: I agree. I think that we ought to leave it here because we don't know what the answer is without investigating it. If it comes back as a total no, then it's a no. But I TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 32 of 68 don't think this is going to go away. I think that as our tourism increases, our events grow bigger, et cetera, it's going to even be more of a demand. So I, personally, would like to keep it in. MAYOR DICKEY: I agree as well. Everything. And I'm fine with keeping the $35,000 in with the $200,000. And again, I guess seeing that dog use the blue tree last year -- this year or whatever just made a big impression on me. We have art on there. We have these mural things on our -- it's not funny, no. But I don't want to give up on that. GOODWIN: And I think that's fair. I think there's just more conversation to be had and certainly exploring how we can tackle that because it's -- it's going to be a bear whenever we do, no doubt about that. I think we can all agree on that. Amanda, I know you had a chance to chime in. Was there any last-minute things you wanted to share, or are there any insights? It sounds like we're moving forward, so I didn't want to give you -- I wanted to give you a chance to talk if you needed to. TOTH: Oh -- GOODWIN: And I think Hannah might want to chime. TOTH: Thank you. Thank you so much. Oh. I'm sorry. I thought you meant me. MAYOR DICKEY: Yes. TOTH: I apologize. MAYOR DICKEY: No. Go ahead. GOODWIN: No. Go ahead. Absolutely, Hannah. MAYOR DICKEY: Go ahead. TOTH: I just wanted to say, I also agree when it comes to the bathrooms. If we're going to come across an opportunity where we're able to go forward with the project, I'd like to be able to. And so I absolutely agree we should keep it in the budget. I trust our staff to continue diligently working on this. I'd rather not put it off for a year because, then, we might lose some of the research we've already done and the leads that we have on that. So that's all I wanted to say. MAYOR DICKEY: Thank you, Councilwoman. Amanda. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 33 of 68 JACOBS: Madam Mayor, Councilmembers, thank you for your support. I just wanted to add, for transparency, when this presentation was put together, it was a couple weeks ago, last week we had an executive session and as we know, it happens in executive session, stays in executive session. But we did receive direction. We were hoping within the next thirty to sixty days to have more solidified answers. We'll go back into executive session and get direction. And so again, appreciate the support to keep it in for now. I think that sends a strong message to our business community and residents, because it's been a top priority. And then just we all know, once we continue to delay, will shock you even more in a couple of years if we delay it. It won't be 475; it could be much higher. Again, just looking at the current economy, inflation, supply chain, all that good stuff. So we appreciate your support. Thank you. Thanks, Rachael. MAYOR DICKEY: Thank you. Anything else? Executive sessions aren't half as fun as Vegas. But you're right, we do keep it all quiet. Okay. This is the wrap-up. SNIPES: This is the breakdown. Yeah. That that Rachael was talking about earlier. So this kind of gives you an idea of exactly what we'll be looking at coming out of the capital improvement funds, that's $665,000 total. And the alternative funding projects will be at $1,525,000. If there's any questions on any of that, I'd be happy to answer. GOODWIN: Kevin, I'm going to jump in and just add a little more detail because I think the mayor asked about this earlier, and I wanted to wait till we had an example in front of us, about our alternate funded projects. So one of the questions we often get asked is, well, how much exactly do we have? So the balance right now in our parks-development fee is about $1.3 million. Keeping in mind that that does have a clock associated with it, you have about ten years from the point it's collected to expend it. We have not been -- we haven't been under that gun too much, but it is creeping up on us. So we do have quite a bit of that pot that needs to be expended within, probably, the next two years or so. And that's what it's for. It is there. It's intended to be reinvested back into the community for expansions, for improvements, for added features. So this is right on target with exactly why we have TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 34 of 68 these fees. One of the questions was, how does it get replenished? And it's a development fee. It comes -- there's a breakdown of how much is contributed. And it's based on square footage and another set of calculations as to how it's contributed to. So every time there's development here in town, that pot is contributed to. Much like we have one for fire, we have one for streets. So we have different things. But that is what that is for and what it's earmarked for. So I know Kevin has just over a million budgeted there for him. I know we were talking about, specifically, is 800 too much? That seems like a lot. It's more about making sure we have enough there if needed. If it doesn't get used, it just stays in the pot, and that's fine. And it does get expended oldest first, so to speak, so that if it's been in the fund for a while, that's the amount we expend first so that we don't -- so that we again give ourselves that timeline. We don't find that it's expiring or something of that nature. Does that make sense? MAYOR DICKEY: Yeah. GOODWIN: Okay. So I just wanted to offer a little bit of background there. Thanks. MAYOR DICKEY: Thank you. FRIEDEL: Rachael, I have a question for you. Any of those capital projects that are for our parks, like the pickleball courts, playground replacement equipment, that type of thing, could we use any of the development funds for any of that? GOODWIN: So the playground, no. Anything that's a replacement or that's like for like, so to speak -- FRIEDEL: Yeah. GOODWIN: -- you can't use it for. It's only for increased services, expansions, amenities, that type of thing. So the pickleball, technically, probably could if we wanted to go that route. I'd have to double-check with David Pock, but I know -- but it's really intended for, again, that expansion to serve more residents in our community. So that's why the two park expansions are definitely available, but the playground definitely is not. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 35 of 68 FRIEDEL: Yeah. So if we could check on that pickleball court, I think that's an expansion of services. So that would be something new that we might be able to use up some of those funds that have the time frame on them. GOODWIN: Sure. FRIEDEL: All right. Thank you. MAYOR DICKEY: Are these things going to just be in the minutes, or can we get these slides before the minutes are -- or this isn't online anywhere, is it? GOODWIN: No. We can certainly -- and that's mostly because we're making changes up until, I don't know, 4 o'clock today. MAYOR DICKEY: No rush. I'm not going to go home and read them tonight. GOODWIN: No, we can certainly share these out. And I will make them available online as part of the packet because it is really helpful, I think, to see some of this categorized and shared in this manner versus the narrative that's part of our regular agenda item. So yes, we can certainly share those. MAYOR DICKEY: Thank you. SNIPES: So here we got our outlying years. As you can see, we got one more year left in that sidewalk replacement. And then we can decide where we're at from there and if we need to continue that on or not. But right now, it's scheduled to end in '26. The Avenue linear park, we're looking at two more years of improvements in there as well. And then we start looking at some bigger dollar amounts to start putting some money towards the lake liner that we don't want to talk about. And getting that -- start to get that funded is going to become crucial and getting a solid plan together. That is a mammoth project that is a little bit stressful to even think about. So we definitely want to make sure that when time comes, that we are prepared for it. That's not a project that if something were to go awry, we want to be a couple years behind the eight ball on that one. That would not be good for anyone. And then we're looking, after we finish the Avenue improvements, moving over to Golden Eagle as our next phased approach projects over there, and starting to put some TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 36 of 68 money in doing some replacing and upgrading for that park, as we've done for Four Peaks Desert Vista so far. Any questions on any of that? Well, thank you very much. Appreciate it. With that, I'll turn it back over. Mr. J.W. WELDY: Are we ready to go? Anybody need a break? A lot of exciting stuff. We're going to look at the proposed capital projects for public works now. We had a brief discussion on this one earlier. You'll note that we're asking for an additional $200,000 for this project in next year. It's anticipated that the project will still be underway at that time, and should we need any funding for any obstacles they encounter, this funding will cover it, or at least we hope it will. MAYOR DICKEY: I guess we should just do these as we go through them. The $200,000, is it possible to put that off till '26? I mean, we're adding the 521. This probably won't be done in one year. It won't be, correct? WELDY: Madam Mayor, this project will take about eight months. MAYOR DICKEY: Oh, eight months. Okay. Is there any way to not have this included now, this extra 200? That seems like a lot for contingency, especially because we had to go over and above with the 500. And I'm wondering if there's a way that we can not have it funded right now, but then say, well, if it does happen, then we'll have to figure it out at the time. WELDY: Madam Mayor, I'm not sure how -- the deferral process in regards to paying ADOT. So in order for the contractor to keep moving once the project starts, should they submit any change orders, there will obviously be a payment process for that, and I'm not familiar for how long we can hold off on it. I just don't have the answer for that. GOODWIN: Justin, do you have an idea of when this project might actually begin? I understand it might take eight months once it starts, but do we have any concept of that start date? WELDY: I would have to go back and read emails. I don't want to give an incorrect false start, but it's within the next sixty days. GOODWIN: Okay. It's sooner than I expected. Okay. MAYOR DICKEY: And ADOT wants that 200 grand budgeted as well? TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 37 of 68 WELDY: No, Madam Mayor, they do not. MAYOR DICKEY: Oh. WELDY: At this point in time, ADOT has received all the funding from the grant and the Town of Fountain Hills to proceed. We are simply trying to be prepared after July 1st based on past experiences we've had with projects within the town limits. This is another multiyear project. This is a relatively outdated photo, but this is showing the work that we've done along Saguaro near the Desert Vista Park and those connectors in that area. It should be noted that town staff will be bringing the currently adopted active transportation plan back to the mayor and council prior to the summer break and asking for them to consider some revisions to the short-term -- one to five years, five to ten years -- to include some of the downtown areas where we have received requests and there has been considerable conversation. Those areas would include parts of Verde River, Park View, and potentially the south side of El Lago, and also, the west side of La Montana between Avenue of the Fountains and Palisades. KALIVIANAKIS: Ms. Mayor. MAYOR DICKEY: Yes. Go ahead, Brenda. KALIVIANAKIS: Okay. Thank you. Yeah, I share your concerns and that our original contribution was $521,182, and this contingency of $200,000 is in case of construction challenges or overage. I don't know why, in the future, we just can't bring that back before council to explain what the construction challenges or overages so we can approve it later. I don't know why we have to approve that in advance, since we don't even know what those fees would be. Thank you. MAYOR DICKEY: So yeah, what is your experience with doing something like that? Or Rachael, if you know? Because, you know, obviously if we start it in 60 days, well, we would know and then we just don't want to be caught looking for 200 grand, I guess. But but again -- WELDY: Madam Mayor, as a little background, on Fountain Hills Boulevard, we came back after the fact and asked for $785,000. So it's not uncommon for staff to come back and ask for additional funding after the project is underway. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 38 of 68 GOODWIN: I think there's also the idea here, and I certainly understand where Councilmember Kalivianakis is coming from, to be able to have it feel like it's not just an open checkbook: go ahead, if you need 200, here it is. The idea, I think, that -- it's challenging in this conversation, particularly about this project, is because it is unknown. And if they come across it, we don't necessarily always have the time to get it on an agenda, get it approved, and then what happens if it's not approved? If the funding were to be not approved at a council meeting, then we're still sort of at that crossroads and then have no resources available to do that. My understanding, too, is generally if we come across it, it's because it's in the field, it's kind of one of those got-to-get-it- done-right-now situations. We don't necessarily have thirty or forty-five days to get it on an agenda, get it before council, and that type of timeline. And I may be speaking out of turn, and Justin, please correct me if I'm wrong, but this is more about being able to address things promptly and in the timetable that's needed for the contractors on site. WELDY: Indeed, that is correct. And it should be noted that while the Arizona Department of Transportation is managing and inspecting this project as the owners, no additional work outside of the original scope will be approved without the town's approval. So anytime there is a challenge, the documentation will be provided. Within moments or hours of receiving it, it will be in the town manager's hands. Discussions will be had on what steps need to be taken after that. GOODWIN: Justin, if I could ask one follow-up question? The 200, is that based on your professional recommendation or how do we land at that contingency number? WELDY: I didn't want to ask for anything more because budgets are kind of tight. GOODWIN: No doubt. WELDY: It's a small percentage for a $4 million project -- GOODWIN: Okay. WELDY: -- that is this length, where we are certainly aware, based on past projects -- MAYOR DICKEY: Okay. WELDY: -- that we're going to encounter some challenges. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 39 of 68 MAYOR DICKEY: I think you're just the victim of us just doing the 500-something thousand-one meeting ago. So we're just kind of like, wait, what? But I understand. And then the other one, the one that we're on, is -- you said that 260 of it, we can use for actual construction? WELDY: In this year. MAYOR DICKEY: Okay. WELDY: What we're looking at is for next year. Are we going to see if we can get grant funding? MAYOR DICKEY: Oh, okay. WELDY: Absolutely. But the grant that we got is for use in this year. MAYOR DICKEY: Okay. WELDY: We may be able to defer some of it to next year, but we'll see how progress goes on that. MAYOR DICKEY: Got it. WELDY: This is an item that we had discussed, and it was pulled back off of the capital projects. I have it back this year because we're facing more than one challenge. Our most recent inspection of our existing guardrail system is approximately $100,000 just in maintenance and repairs to the existing infrastructure. Another thing that has come up is the Maricopa County Department of Transportation intends to make improvements to McDowell Mountain Road. Our border with them is at milepost 2, north of the town limit. There is a considerably long guardrail that crosses that boundary, with the lion's share of it on the town. They have been kind enough and professional enough to share with staff their development plans, and their development plan currently shows a transition from their portion of the guardrail to ours. Their guardrail will be up to the federal highway standards height, and ours will be lower. So it will basically be a hump if you're headed northbound, that you'll see, noticeably, the guardrail goes up. There's a visual aspect to remind not only ourselves, but others about the challenges we face with guardrail height. MAYOR DICKEY: Any questions about this? I just heard that, too. That sounds like TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 40 of 68 cartoons. Well, we just got Scottsdale to do some work, so I think we can do some, too. WELDY: And I'm glad that you brought that up, Madam Mayor. The City of Scottsdale, in fact, encountered some real challenges delaying repairs to eastbound Shea within their limit almost ten months in regards to that guardrail there that we also share. That guardrail bridges the gap between the two communities as well. I think it's also important to note that under the town manager's direction, we went after every possible grant that was available from the Highway Improvement Safety Program, HISP, and this is what we have been told by the state and federal agencies -- what you're looking at is maintenance. We do not provide funding for maintenance. If there is a HISP project, widening the road or adding components, and the new guardrail is part of that, then, yes. But there's simply not any grants available to do what we're asking for, at this time, from the federal or state government. FRIEDEL: Can I ask you a question, Justin? WELDY: Yes, sir. FRIEDEL: The guardrail, are these wooden posts that are in there, and are we going to stay with wooden posts? I remember reading somewhere that there was a problem with the wooden posts. Are we going to go to metal? Are we going to stay with wooden? WELDY: Madam Mayor, Councilmember. We currently have a blend of the two, and it depends, really, on the cost. The challenge that you have with wood is, obviously, it dries and it shrinks. Just like the rest of technology, so has wood treatment advanced substantially forward. Today's wooden posts are certainly not what they were as little as ten years ago, but in some cases, these are approaching thirty or forty years. So it will be a combination of the two, both steel and wood. KALIVIANAKIS: If I may? MAYOR DICKEY: Yes. Go ahead, Brenda. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Justin, just again, to drill down on this. When you talk about maintenance, do you mean maintenance or replacement? Because it seems to me that we're not just going to TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 41 of 68 maintain the existing structure, but we're going to upgrade it and actually replace it. Can you clarify that for me? WELDY: Madam Mayor, Councilmember, the first number I mentioned is to do maintenance. So we do periodic maintenance on them ourselves. And then, occasionally, we have to bring in a specialty contractor. So the $100,000 is his estimate for repairs. It should be noted that the lion's share of that is for traffic control and off- duty officers, as required by the town, for obvious safety reasons. The latter part of your question is to replace the sections that currently do not meet the Federal Highway Administration and the Arizona Department of Transportation adopted standards for height. KALIVIANAKIS: Yeah, I can understand that. But does the federal government compel us, or are we grandfathered in with our existing structure? WELDY: I'm uncomfortable answering that type of a legal question because it's really -- it borders on that. So the Federal Highway Administration puts forth guidelines, and the state agency, ADOT, adopts them and moves them down to the county, the cities, and towns. Are they -- KALVIANAKIS: Yes. WELDY: Are -- the maintenance is not a mandate, but rather a requirement. The replacement is a strong recommendation from the Federal Highway Administration and the Arizona Department of Transportation. KALIVIANAKIS: Yeah. I can appreciate you not wanting to answer a legal question about grandfathering, but when you talk about maintenance, are these sections that were damaged that we just never collected insurance money on? WELDY: Councilmember, there are some sections that were damaged. Historically, though, we take action and correct those out of our regular budget, which comes from the streets budget, and address those issues quickly. What we're talking about here are drying timbers that they're so dry and they shrunk down so much, the timbers, the posts, and the blocks, and the bolts are decaying and simply need to be replaced. The W-rail itself, which, historically, is hot-dipped galvanized, that W-rail lasts for a TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 42 of 68 considerable amount of time, and we replace very little of it. So what I'm describing for the maintenance are posts, blocks, and bolts. KALIVIANAKIS: Okay. Thank you for that clarification. WELDY: You're welcome. FRIEDEL: One more question. I'm sorry. So we're going to be doing a widening of Shea Boulevard. Are any of those guardrails going to be replaced? Are we going to wait until we do the widening -- and I know there's some guardrails along there -- and any roadwork that's going to be done is going to be done first before we replace all that? WELDY: Councilmember, all the guardrails on the south side of Shea that are within the projects are not considered at this time because they're simply slated to be removed and replaced. Oftentimes, the design engineer will warrant or write a warrant to discontinue their use, provided there's adequate shoulder. We had discussed this earlier in this year. So this is the outlying years. And beginning next year, again, the Arizona Department of Transportation inspects all of our bridges. And then they put together a manual and a list of priorities we addressed this year. But we still have several of them that need to be addressed. This is relatively small in regards to some of our capital-projects ask of $75,000, but we certainly discovered this year that we really bumped right up against the ceiling on that. So we're going to spread this out for an additional five more years. And this will be in the outlying years as well. Questions, concerns related to this one? This is the Palisades and La Montana intersection. This has been -- again, this was a council-initiated project as a result of comments, concerns, and complaints related to the level of service at this intersection. More often than not, when they're describing the situation to staff, it includes yelling from one vehicle to the other and oftentimes the international symbol for brotherhood from one car or the other. When the town engineer and I discussed this with the engineer of record that looked at this analysis and did all of the work related to the data -- turning movements, crash data, vehicles per day, the type of use, and time of use -- when they began to discuss a traffic signal, I respectfully ask that they not based on past experience and challenges we faced with TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 43 of 68 exceeding $1 million to build a traffic signal, that while it does increase the level of safety and provide an increased level of service, for this particular intersection, I wouldn't recommend it. And there's a couple of reasons why. Let's just say, hypothetically, we're heading eastbound on Palisades, approaching the La Montana intersection. If we have a green light, we're going to keep going, which means we're not even likely to touch the brake. And let's just say that the eighty-five percentile speed in there could be as high as fifty miles an hour, occasionally. Allowing a traffic signal or placing one in this location will increase the speeds at which people traverse the intersection. As part of our vital downtown, a roundabout is better suited. The primary reason for that: we currently, on two of the legs of approach for eastbound and westbound we have two lanes. The roundabout design, which is just a concept and nowhere near ready to go, would reduce that to one lane. This forces all of the vehicles into single file, into a single lane roundabout, as they navigate that to turn either to the right, go forward, or come on around and make a right and come to the south. Whatever direction they're traveling, it forces them to slow down and pay attention. The same is very similar for the other two legs on the approach, which are north and south. The exception to that is we just have one lane. But again, it provides a level of service with little to no stopping, depending on the volume of traffic, and provides a safer environment for part of our downtown. We simply do not know what the cost of construction is. We know that the design cost is $150,000. When numbers were discussed amongst staff and the town manager, I repeatedly said, I'm uncomfortable with that number or any other number because that is the number that everyone is going to remember. We will get a probable cost from the engineer of record, if this project goes forward, somewhere around the ninety percent. Once it's designed, we have all the numbers, we know what it's going to look like, then we can have a discussion about how we would fund it and whether or not it will move forward. It's also important to note that as part of this process, town staff will bring together or TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 44 of 68 bring to the mayor and council what we refer to as the thirty percent role plot. So that will be a similar exhibit to what you see now, but with a lot more detail. That gives the mayor and council and the public an opportunity to share their opinions, their concerns, or their thoughts. When we get closer to the eighty/ninety percent, we will also return to the mayor and council with those concepts. These are the concerns and questions and changes that we heard. Now they've been implemented. This is what it will look like based on that. Then we would proceed to the hundred percent during that council presentation, and the hundred percent is when we would get our probable cost, and staff would return at that time and say, this is an engineer's estimate, which is exactly what that is. MAYOR DICKEY: So the study was complete. This 150 would be for the actual engineering design? WELDY: Correct. MAYOR DICKEY: So we're not studying anything with the -- your interpretation and the interpretation of the analysis is that this is the way to continue to explore? The pedestrians have the safe havens, I see, right, in all four areas? So they would have the stopping point. So yeah. And then the other thing is just the one lane because that always adds to the confusion. If so, if it's only one lane, then it's not confusing. And then, what we have right now here, we've seen what it's like to have to go down from two lanes to one. And it seems to be fine right in front of the post office. So I think that's the only one that was two lanes, right? The other ones -- yeah. So that would be similar to what you would have to do both ways to get those two lanes down to one, correct? WELDY: Yes. The exception is originally when the Avenue roundabout was designed, it had an eastbound dedicated right turn that was eliminated. And so this also will not have an eastbound right turn. There's another part of this that we're going to discuss that's critical for the downtown as a whole. We're going to have a longer, much longer, discussion about that in a work session in the future. And that is, we need to make at least two of these corners a little bit more user friendly for those with physical TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 45 of 68 challenges. The southeast corner of the intersection of La Montana and Palisades, if you have physical challenges, or you utilize a motorized cart or one that's operated by hand, is not only challenging but all but impossible to get up there. There are two other corners, including the one that the bank is on, which is the southwest, that will need to be reworked a minimal amount on the northeast and the northwest. But this project will also take corrective action and make our curb ramps and our accessible routes more accessible and in compliance with the DOJ guidelines. KALIVIANAKIS: Ms. Mayor? MAYOR DICKEY: Yes. Go ahead. KALIVIANAKIS: Great. Thank you, Ms. Mayor. Justin, I just have a question for you, and that is, I know our streets and pedestrian committee are going to take up the ADA -- I believe we're going to take up ADA compliance with some of the intersections, but doing (indiscernible) on the $150,000 for the design. You mentioned two different design models, one which was a streetlight and one of which was a roundabout. Now, if we approve the $150,000 for design, is that going to go towards which one would be preferred by the experts, or in your expertise, are you just recommending the roundabout, and so the design would just be on the roundabout design study? So would there be two studies, one with a light and one with a roundabout, or would it just be one study? Could you illuminate us on that? WELDY: Madam Mayor, Councilmember Kalivianakis, so the analysis of the intersection is already completed. The only analysis moving forward would be in regards to what changes need to be made to the existing geometry of the intersection. And part of that discussion will involve possible lighting of the pedestrian crossings in that intersection. But there will be no additional studies. So the analysis is completed, the recommendations forwarded in a staff summary. So in regards to a traffic signal, I strongly recommended that they didn't recommend that, and I explained the reasons for that. If any one of the councilmembers would like to explore a traffic signal in this intersection, we can certainly do that. So moving forward, the 150 would cover the design, and the design would include analyzing the TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 46 of 68 lighting for this intersection and whether or not the ambient light from the nearby or adjacent buildings is adequate, or if some additional lighting would be necessary. KALIVIANAKIS: So the $150,000 wouldn't be to design a roundabout; is that what you're saying? WELDY: It will be to design the roundabout. And that design may include pathway lighting for the pedestrians. KALIVIANAKIS: Well, I think lighting would be a part of it, but the design for the $150,000 would be a design for a roundabout? WELDY: Correct. KALIVIANAKIS: Thank you. WELDY: You're welcome. FRIEDEL: This is a tough one. We just had a guy come in at the last council meeting and really let us have it for roads. My guess is, when this is going to be built in '26, late '25/'26, whenever, it's going to be between a million and $2 million to do. We've got 40 to $60 million in backlog road work that has to be done. So I think -- I'm all in favor of us, right now, doing whatever handicap work we need to do at that intersection. And I know we have another one that we're going to be talking about, but I think this is something we need to wait on. We've got so much other road work that's got to be done. We're going to go to the residents and tell them that we've got plans to put in a roundabout, and the other roads aren't going to be fixed. I don't think that's going to go over very well. We've had a lot of people complaining about the state of the roads, and we've had a lot of road --- that the Roads Committee did a lot of work. We've identified millions of dollars worth of road work that has to be done. And I think this is something we need to -- we need to come up with another plan. And I don't think this is it for right now. That's just my two cents. WELDY: Madam Mayor and Councilmember, if I may? And I appreciate your comments on that. This one would likely be eligible for grant monies because it accomplishes several things; primarily, safety, which is traffic calming and pedestrian safety. So it would be a strong candidate for grants. But it would be a stronger candidate for grants TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 47 of 68 if it was designed. MCMAHON: Thank you, Justin, for your explanation about this. I'm for moving forward with it because that intersection isn't getting less dangerous. It's getting more dangerous. Something needs to be done about it. I personally prefer a roundabout because if you think about it, look at Fountain Hills Boulevard and Palisades. We're dinking around about a couple of seconds on a light to make a left-hand turn. It just seems like there's more higher maintenance with lights than there would be with a roundabout. I think it's been proven that a roundabout works in our town. We have one. I don't know of any real issues we've had with it. Again, this is a four-way stop, and I've always been really concerned about the safety of this. And so I would like to see this go forward. So thank you very much. GRZYBOWSKI: I agree. I feel like we need to leave this in there. Knowing that this is just to do the design and then a future council, in two, three, however many years, can actually discuss the work. We're not saying we're designing it this fiscal year, and then installing it next fiscal year. We're just designing it now for a future council to discuss, to actually proceed. Correct? WELDY: Madam Mayor, Councilmember, correct. So if this is approved as part of the budget -- so this is just the first stop on this -- then the funding for it would come available in July of this year. And it would likely take all of ten or eleven months to do the design, including, but not limited to returning to the council with the thirty percent, on the eighty/eighty-five percent, ninety percent, and then, obviously, hundred percent plans. So there's a considerable amount of time between now and when we're looking at a completed design. FRIEDEL: And I'll remind this council that I work right at that intersection for the last ten and a half years. Four months out of the year, we might have traffic there. The other seven or eight months, there isn't a big traffic volume there. It's mostly the winter visitors that are here. And that's probably where we have a higher incidence of -- higher amount of incidents at that intersection. So I just want to remind people of that fact. We're going to spend $2 million on an intersection, or whatever it is, we don't know, for TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 48 of 68 four months out of the year when we've got $60 million or 40 -- 40 to $60 million in backlogged roads that need attention. I'm just reminding this council that, you know, we've got a lot of road work to do in this town. MAYOR DICKEY: Councilwoman? TOTH: If I could chime in? MAYOR DICKEY: Go ahead, Hannah. TOTH: Thank you. Thank you. I agree with Councilmember Friedel. The comments that I made in a previous meeting regarding perhaps looking at tightening our belt a bit to show some faith to the community when we are talking about fixing these roads and what may need to happen in order to do that, I think that considering that this is a project that would not be built, it would be considered by a future council, this is a good contender for that belt tightening that I mentioned beforehand. And so I would agree with Councilmember Friedel on this one. MAYOR DICKEY: Thank you. Councilwoman. MCMAHON: Thank you very much. I appreciate it. Do people travel on -- travel on those roads every single day, not for eight months out of the year, correct? So there's traffic there every single day. It's really a primary spot in town. The area is -- the traffic has increased as that shopping center has been built out, et cetera. No matter how we look at this, this is not going to go away. This intersection needs to be addressed for safety purposes and also for flow of traffic purposes, et cetera. So I think -- again, I think that we need to move forward with this because it's not going to go away. MAYOR DICKEY: And I wanted to mention -- KALIVIANAKIS: Ms. Mayor? MAYOR DICKEY: Oh. Go ahead, Brenda. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. And just one more thing I'd just like to point out that I'm a little uncomfortable with is where we're going to do the expansion of Shea at millions of dollars and trying to get more lanes of traffic. This seems to be just the opposite of what we should be doing, which is -- we're going to be taking eight TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 49 of 68 lanes of traffic and bringing it down to four lanes of traffic. And so if there were going to be a roundabout there, it just seems to me, for traffic-flow purposes, it should continue with eight lanes, two in, two out, instead of reducing it to one, which seems kind of like -- I think Justin mentioned traffic calming or kind of road diet-ish kind of stuff, which I wouldn't be for because I do want that to be a free-flowing intersection and not have any stacking because it's going to go from two lanes down to one lane, and then people waiting to merge with the roundabout traffic, which we've seen at the existing roundabout right now. Thank you. MAYOR DICKEY: Thank you. This is absolutely a safety issue. It's not a secret that this is busy most of the of the time or half the year or whatever -- a very busy area. Obviously, I appreciate that you work there, but I mean, I use a lot of, well, whatever. It's just anecdotal, but there's a lot of traffic there. The purpose of a roundabout is to be traffic calming, and that is why going down to the one lane is preferable for somewhere like this. I also look at this as part of the downtown overall strategy. And we want people to be able to walk. And crossing that area is a little harrowing, and I personally know someone who had a very bad accident there. So I don't -- I think it's a public safety issue. I think the $150,000 for the design is well worth getting lined up because, as Justin mentioned, this would likely qualify for a grant. And if we go back to the sixty million, if we go back to the forty million, the -- well, the fifty million -- in-between, ten million of that was for intersections. So this is an intersection. So we haven't decided whether we're going to drop that ten million or whether -- what we're really going to go for with the bond. But intersections is absolutely part of streets and our street improvement plan. And so I would definitely like to see us go ahead with the design and then see where it goes. And by the way, this roundabout, if we hadn't had the little extra lane, was just over $600,000. It's not two million. And I don't know what this will be and this is a bigger area. So it could get up there. But it also it will be maintenance-free once it's there. And just for clarification, this is the first I'm seeing this. So this is not something that I've been trying to get done or anything. This is totally coming up from the study and from TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 50 of 68 our staff. Any other questions or comments? Thank you. Oh, look at that. WELDY: As you can see, the town engineer has a sense of humor. He put this slide together. We thank him for that. As part of the ongoing conversation between staff, the town manager, council, and the residents that live here, there is an increased awareness that there are limited areas where there are marked crosswalks. When the town engineer and I discussed this early on, and then we brought it to the town manager for a discussion, I primarily wanted to focus on the arterials first. And the very first one would be Saguaro, between El Lago and Palisades. We need marked crosswalks there. They do not necessarily need rapid, rectangular, flashing beacons, but we certainly need them. Anyone that sits looking north or south in the area of Paul Nordin or Parkview during the a.m. park use time, or p.m. when the weather is nice, or even all day, you would see the number of people that are going to take the path of least resistance. And oftentimes, they're doing these crossings at Park View or Paul Nordin, or in between those two areas. Marked crosswalks will at least give them some clear guidance. As we look at these locations, it will be discussed whether or not we need either some AC lighting or solar lighting to create a safe crossing environment for that location. Again, the primary focus is going to be on the arterials and the downtown. We want to get people from the Avenue and La Montana safely to Fountain Park and back, and Palisades, and also El Lago. The best way to do that is with increased placement of these marked crosswalks. We will certainly put together some maps showing what we believe were priorities, and then hear from the mayor and council. If this process continues down through, we will also share the information, when the time is right, with Pedestrian and Traffic Safety Committee, which is a subcommittee to this council, and get their input from there. MAYOR DICKEY: When you say starting at Saguaro and El Lago, do you include that? Because I have a person that was like requesting El Lago and Saguaro as a place for a crosswalk. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 51 of 68 WELDY: In regards to El Lago and Saguaro, we have four marked crosswalks there at that intersection that cover all four legs. North of that, at Paul Nordin, where we have a lot of crossing, we do not. And the next one is Avenue and Saguaro; we also do not have -- we have marked crosswalks there, four of them, both north, south, east, and west. Park View, we do not. So the candidates for this, initially, would be in the downtown Park View and Paul Nordin and then, moving slightly south, Gunsight because keep in mind, very shortly, thanks to a substantial grant, a sidewalk is going to be built right there at Gunsight on both sides of the road. And it will include curb ramps, which will reduce our cost because we'll simply be putting in pavement markings. MAYOR DICKEY: Thanks. WELDY: But there are several locations in the downtown, and another excellent example is Kingstree at Saguaro. There are a large number of people that come down Kingstree and cross Saguaro there to either go north or south, depending on what direction they're headed. And that's another good candidate or a good location. But again, we'll provide a map showing the priorities based on the five-year ask here, one plus four. Any questions related to this? KALIVIANAKIS: Ms. Mayor, may I speak? MAYOR DICKEY: Yes, ma'am. KALIVIANAKIS: Okay. Thank you. Yes. I'm in favor. I think this is a wonderful project. Marking crosswalks and improved lighting is going to keep accidents from happening. It's going to encourage people to go to our parks if we eventually go to the parks in our downtown area. And this, to me, is just a total public safety; keeping people safe as they want to walk through our town during the daytime and during the nighttime. So yeah, I'd be strongly in favor of this project. MAYOR DICKEY: Thank you. This is one of the projects that I simply, despite the fact that we've been on it now for nearly four years, overlooked it and didn't get it onto the list. Earlier tonight, we discussed the fact that the design is nearing a hundred percent, and the town will soon be publishing this for bids. It should be noted that while we don't know the cost for TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 52 of 68 construction for this phase, we're putting a placeholder in there at $2.5 million. This first phase will make improvements to the drainage channels and create large storage facilities -- basins -- on and in and around the park. The next phase, which is not yet designed, will address the area adjacent to the dam. The reason we split it into two phases is because any work associated with the tow face, inlet, or outfall of the dam requires ADWR, Arizona Department of Water Resources, Maricopa County Flood Control, and the Arizona Department of Environmental Quality approval. Those three agencies and their process for anything associated with the dam is eighteen to twenty-four months. So we'll get the first phase underway, which will provide for adequate or more storage in the impoundment area and channelization. This also includes a multiuse path around the back of the ball fields, a realignment of the multiuse path on the southern end that will now go up between the volleyball court and the baseball -- or yeah, baseball diamond. It also includes a pedestrian bridge that will tie the north park and the south park together. Big ask. MAYOR DICKEY: Okay. Yeah. A lot of questions, too, as far as funding. The Maricopa County has granted, and for several of these other projects, so do we anticipate anything or being able to apply for anything there? [CLERKS NOTE: Councilmember Sharron Grzybowski left the dais at 7:39 and returned at 7:41 p.m.] WELDY: Currently have one for $100,000. That's going to help us offset some of this cost from Maricopa County Flood Control District. As we prepare the next phase, absolutely, we will ask the Maricopa County Flood Control District if any of that work qualifies for grant funding. MAYOR DICKEY: Then you have 300-something thousand left from this year or something like that. Did you say that before? WELDY: We do. MAYOR DICKEY: Okay. WELDY: We have about $300,000 left in this year's budget. That money will be utilized TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 53 of 68 to get the project initially started and also secure the services of a construction project manager. And then, this would be for next year to cover the balance of the cost. And again, we don't know that total cost. But was this -- MAYOR DICKEY: Was this included in some -- excuse me. Was this included in the ten million that we talked about initially? I mean, we overlooked this in our packet, but when we first talked about the ten million, is this in there? SOLDINGER: Mayor, Council, great question. Yes. We added in last second, so it was included in there. MAYOR DICKEY: Okay. Perfect. Good. And then, I guess I could wait for Sharron to mention this, but the environmental fee is something that would have covered -- I mean, several of these projects that have to do with water and flooding, and we suspended it due to thinking that we were getting -- we were going to get threatened on that. But we may want to bring that up as a discussion again -- a discussion item. We had it in place. It was $30 a year, 36? Something like that, $3 a month. And it was collecting about 6- or $700,000 a year. And these humongous projects like this that are just absolutely necessary would qualify to be able to use that in addition to some of that low-lying and the drainage things that you're going to be talking about. So I just wanted to throw that out there. I think Sharron would agree. GRZYBOWSKI: Yes, ma'am. WELDY: Any additional comments, questions related to this last minute one that's been ongoing for four years? This is one that we had discussed earlier in regards to the update for this year. Once again, this project allows us to address our aging infrastructure. The bottom left-hand is actually one of the improvements that we made at Kingstree. The other two, on the bottom right and the top right, just simply demonstrate where we need additional maintenance. Once again, this is already a multiyear, and we are simply asking for it to be continued. Any questions related to this one? Community center. We're going to have some internal discussions with the town manager and staff very shortly regarding the direction that we're going to be going, as TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 54 of 68 we're learning more and more about the intermediate or short-term actions that were taken over the last couple of years, including the wet sealing, a lot of door repairs. Obviously, we've made substantial change to the front of the building by adding a storage facility. That water will no longer be entering the building. The town manager and I really want to take a look at the architectural and engineering firm's suggestions in regards to timing and when things need to be done to make sure that the next steps we're taking, which include the storefronts -- those are the big windows and doors -- that those are adequately addressed and properly addressed. So we need to have some internal discussions. We're asking for additional money for next year to obviously move forward with the design, and we're asking for a placeholder based on some of the estimates they made for several of the items listed in their assessment, including the short- and long-term solutions. This is an ongoing project, multiple years. We've certainly taken action to address some of the more immediate needs. But we're not done. MAYOR DICKEY: So trying to -- I didn't have a chance to look back at our initial talks when that guy came from -- was it Buick or something? It was some car name. WELDY: Allana Buick Bers. MAYOR DICKEY: Yeah. And it felt like at the time we could put stuff off for quite a while, like the big stuff like this, like the glass windows, the doors and that kind of thing. What are the ramifications of not having this placeholder or this work done this year? And again, I apologize because I didn't get to review that conversation. But unless it was just three years, but it feels like we had time to do some of this stuff. WELDY: Madam Mayor, the spokesperson for Allana Buick and Bers and also then, eventually, Gensler, the architectural firm that's also on board, they indicated that the wet sealing of the storefronts was a priority, to get that done immediately, and also make changes to the roofs and areas. And we are now referencing the roof drains and what's referred to as a no hub; that's where the pipe changes direction, and it's in the walls of the building. And also, the remediation related to the water coming in on the west side of the building. And then TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 55 of 68 the next big one is on the south side of the building, so on the Centennial Plaza. They also noted that while the wet sealing and all of the intermediate work would reduce the amount of intrusion. Let's not forget that their forensic inspection -- this is when they opened up the walls -- noted, and it's in writing, that when the storefront's windows and doors were put in, that several of the components that are necessary for that type of door or window were not included in the original construction. Whether that was through value engineering or other means, he was not certain. But the storefronts really need to be part of the priority there, along with several other things. So right now, we still have some water getting in through the doors on the south side whenever the wind blows, or if we have a big enough storm. The primary reason for that is the building is setting lower than the Centennial Pavilion. And we need to address the first five or six feet out from the building and slope it away from it. So we first need to address getting the dewatering done and then make the repairs. Making the repairs or replacements any time prior to that is just not a good move. So we can certainly visit it. What we're asking for right now is obviously design funding and a placeholder for the things that are identified as part of that design. GOODWIN: Justin -- and I may be mixing up the years here, so forgive me -- I just want to note the -- we were just talking about in terms of sloping away from the building on the Centennial Circle side; is that current, or is that part of this project that you're proposing for next year? WELDY: So the design for that is current and this year. We just don't have the funding. It costs more than anticipated to address the O'Flynn room. GOODWIN: Okay. And so would that then be covered under what we're considering the 700,000 placeholder to get that portion done and then potentially anything else next year? WELDY: Correct. GOODWIN: Okay. MAYOR DICKEY: Gerry? FRIEDEL: So just to fix the sloping along the south side of that building is that the 750, or TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 56 of 68 are you talking about replacing the storefronts? WELDY: Councilmember, we certainly do not know the cost. To change the direction of the slope is certainly not going to be that expensive. We've looked at several alternatives, including but not limited to increasing the open space adjacent to the windows and leaving pathways into the doors. So it wouldn't cost as much, but it is going to be considerably expensive to saw, cut, and remove all of the concrete, or at least six or eight feet of it wide along the building, basically from the southwest corner to the southeast corner. FRIEDEL: I thought I remember a figure of a quarter of a million or something to do that. Maybe I'm wrong, but looking at those numbers. So if we did that, that wouldn't solve a big part of the problem down the southside of the building. WELDY: Absolutely. Sloping the concrete away from it is going to really solve a lot of the problems. It's going to reduce or completely eliminate the amount of water that comes in the doors and also reduce or eliminate the amount of water that currently pools up against the storefronts. Keep in mind that some of this money is to grind the existing on grade slab. So for lack of a better description, the wall is set in on the concrete slab, and the concrete slab comes up, so the water is trapped up to three-quarters of an inch deep along the building near the windows and doors. So when we remove the rocking surface, that will allow for the specialty equipment that gets in there and grinds down that other one to give positive slope away from it, and then either area drains, trench drains, or decorative drains will be installed in the new concrete to catch the water not only running away from the building, but the water running towards the building and dewater it either to the east or the west, or into the existing storm drain structure. And we're uncertain of the cost of some of these. So there we were estimating because we don't have the design completed yet. FRIEDEL: So can we give you money for a design, you can come back and tell us what it's going to cost? WELDY: If that's the direction, absolutely. TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 57 of 68 MAYOR DICKEY: So did we do that drain -- I don't know if you called it French drain, but what -- you remember you were going to do kind of what you're talking about saw cut, and then, did we ever end up doing any of that? WELDY: We did at the main entry door. We saw cut and removed the concrete, routed piping underneath that, and tied into the existing drain system. It's a big ask, we are aware. GOODWIN: So if I can chime in one more time, Justin? And it is a big ask, and it's an uncomfortable one because it feels like there's not a lot of certainty as to what it is. And Justin mentioned this, and he and I have had a lot of conversations about the community center. And when is enough -- where are we going with this? It feels like we're doing a lot of near-term, short-term fixes, like, again, the wet seal and things like that. So the big stuff, let's say the storefronts, if they need to be replaced, how are we planning for that? Do we have a plan for that? Do we have a budget for that? Is that going to -- it's obviously going to be a multiyear, but it feels like there is not an end in sight. So there's going to be a discussion internally about what exactly do we need to do, and how do we get this plan -- get our arms around a plan, a better plan, I'm going to call it. In the meantime, we do know that this project, the exterior portion, the sloping, if we'll call it that, needs to happen. And that's what this 700 would allow us to get done. And then, if we identify any other projects that are within that budget, we can probably tackle those, too. Is that what you're saying? My understanding was the 700 was over and above what we hope we will need for the sloping project. WELDY: It absolutely is. But it's the -- the ask is also because there are still some uncertainties. While we would like to think that we're going into this with all the knowledge we need, we still need to complete the design and do a little bit more exploratory work in regards to dewatering. If the project is substantially less, the cost will be substantially less. We're not just asking for the 700 just so we could find something to do with it. We just want to be prepared. FRIEDEL: I think I'd feel comfortable. Will the design tell us whether we need to replace TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 58 of 68 the storefronts, too? What will the design tell us? WELDY: The design is -- the engineering and architectural firm has already indicated that the storefronts need to be replaced. FRIEDEL: So we know that already? WELDY: Correct. And so the next portion is the dewatering the southern half of the building and addressing the roof drain system. We believe that the intermediate is working relatively well, but we still have some minor issues off and on during storms. FRIEDEL: So the design will tell us what has to be fixed? Will it give us a cost or an estimate as to what it will cost? WELDY: Yes. And again, the first part is design. We got to get through the design portion of it. And then, as part of that, we'll have some probable cost from the engineers. Please note not only are we going to be having these internal discussions with the town manager, architects, and engineers that are already on board here, but we're going to be coming back before this council -- not only us, but those professionals -- to share their opinions of the intermediate work or short-term work and next steps. It's part of the ongoing process. GOODWIN: If I can chime in one more time, Mayor? Sorry. I feel like this is a project that is so unwieldy, and it is difficult to understand because we've done so much work, and we feel like it's continuing on. One of the questions you had, Councilmember Friedel, was about, do we know that the storefronts need to be replaced? We do. And I -- Justin shared earlier, if you recall, we had some testing done where we had cut into the walls and we had the drywall removed. There was extensive deterioration and rust and whatnot in there. So they definitely are going to need to at some point. To the mayor's point, when is that point? How long do we have? And that's really the question we have. So I -- what I would expect is that, as we have these conversations, we're probably going to have to do a bigger update to the council, whether that is a work study or some other type of large update, to say, this is what we've done, this is what still needs to be done, and this is what we think it's going to be in terms of budget TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 59 of 68 in the long-term. So I expect that to come back in a holistic concept as well. FRIEDEL: I think that every councilmember sitting here -- well, the four of us and the ones on the phone -- would be all for getting that community center up to shape. It's just knowing what it is -- you might come back to us and say, hey, we need another half a million on top of this. I'd like to know what the costs are going to be before we say yay or nay on this. I'm all for the design right now. How long will it take to get done? WELDY: We'll need to open a dialogue with the architecture and engineering firm to see what their availability is. And I don't want to give a time frame now, but we need to amend their contract, get a notice to proceed, and then sit down with them and discuss our expectations and the next steps, and then hear back from them. So I don't know that for certain, but we can certainly get back to you on that. FRIEDEL: We know something has to be done, though? GOODWIN: Yes. And I think this is actually a great example of what we were talking about potentially being a yellow project in that we know it needs to be done, but you need more information before we're comfortable moving forward. But if we don't budget for it now, we won't have any placeholder in the future. So if the idea is, let's assume for conversation that you say yes, leave it in there, but we want to hear more before you move forward, then that this would be a good example of that, where you say, go get the design done, come back to us, tell us what it's going to cost, and then we'll decide if we're going to move forward. But we have the money set there so that we can do it if we choose to. If we don't, we don't. It doesn't go anywhere. It's not lost. But that may be a good example of a project that is yellow versus green if that makes sense. MAYOR DICKEY: Councilwoman? MCMAHON: It sounds to me like this has been -- it's an ongoing project, and it sounds to me, based on the explanation and your explanation, this has to be done sooner or later, preferably sooner. So I think it would be a good idea to have these placeholder funds for all the reasons Rachael stated on the books because once we get the design -- again, it's something that's going to have to be done. We have to repair the community TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 60 of 68 center. It's one of the most busiest, vibrant buildings in town that's used by our community, and to constantly come back and have to stand here and keep asking for money to fix it -- I mean, it's a little bit confusing because it's like, didn't we already decide this? Didn't we already have the funds for this, et cetera? So personally, I would like to see the design move forward as well as having placeholder funds available should they be needed, and they probably will be based on what the explanation that you and Rachael have provided. So thank you. WELDY: We had discussed this earlier in regards to Shea Boulevard. This is the widening. Again, this is the section eastbound between Palisades and Fountain Hills Boulevard. As we had discussed earlier, this is a seventy/thirty split. So the state's share of the anticipated cost for next year is $1.7, and ours would be 750. Obviously, you can see the total construction cost there laid out in the sheets. And it should be noted that all of the money that you see in regards to the state's share has already been allocated and identified and available to the town. So this isn't something that we have to go chasing after. It's already been allocated. And in this case, there is some additional funding available in there, should we run into any challenges. That funding is readily available on this one from the state. Again, we don't have to go ask; it's our pro rata share for the 400 money, which continues to -- they add a little bit every two-and-a-half years, I believe. I'd have to go back and look. Questions, comments, concerns? This is the next one that's coming up in the future. This is eastbound between Technology and Fountain Hills Boulevard. MAYOR DICKEY: And just to remind everyone, we talked about these at our retreat. So we had good, thorough discussion. WELDY: These are in the outlying years, as you can see. Again, the money has already been allocated. There will obviously be a discussion after an upcoming vote related to the quarter-cent sales tax, which will certainly have an impact on some of this work. As a reminder, when you see those large numbers that David Pock and Paul are presenting, please note that these are reimbursement projects. We have to spend the money and TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 61 of 68 then invoice them, and then the money comes back in. So those big numbers really drive that budget number much, much higher. But again, we get a reimbursement for it. Any questions, comments related to this one? When we were working on Grande Rosita and Deuce Court, we discovered that the existing infrastructure that we were trying to adjacent to Deuce Court was in very, very poor condition. We took advantage of grant funding from the flood control and repaired the part that directly tied to and was downstream from the project that we did last year. What you're seeing here is the additional work that now changes this to the Courtside Villas. Again, we will be applying for a grant from the Flood Control District on this. As you can see, we anticipate construction to be $150,000. 112 of that would come from the Flood Control District, and the town's reimbursement would be $37,500. Should also note that this particular neighborhood is not only excited about the drainage improvements but that they're getting a sidewalk running right by their place. Comments, questions, concerns related to this one? This is the one that we -- did not get selected for a grant for this year. We are looking next year to take a different direction and see, possibly, if the Flood Control District would approve a grant for this. This year, we applied for federal funding, which is quite time-consuming and challenging to say the least, for those federal funds. So we're asking for a placeholder so we can begin a dialogue and quite possibly get approved for a grant from the Flood Control District for this. This is one of the projects that if we do not receive the grant funding, the other monies that are shown as the town's share for design or construction will remain in the capital budget. MAYOR DICKEY: That reminds me that the money that we were talking about earlier, that Hannah mentioned, over $300,000, is that in the capital funding? Is that in the capital improvement fund too, from the savings that you guys found? WELDY: Yes. That remains in the capital fund. MAYOR DICKEY: Thanks. WELDY: Some of that money was utilized to offset the $521,000. So the council projects and other projects that we identified that were either below budget or TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 62 of 68 substantially below budget, some of those monies were utilized to make up that $521,000. But yes, the money does remain there and can be used for other capital projects if needed. But in that case, staff would come to the mayor and council and explain the situation and include any associated budget transfers. So you're involved in that process as well. This is another one of the projects, and these are primarily what we refer to as low-flow crossings. It's easy for the town engineer and and others in the transportation industry to just say that. What this really is, is a wash that crosses the pavement section. This one right here is on Fountain Hills Boulevard north of Palisades. For those of you that have lived here for a while, you may or may not have come up to this after a rainstorm and stopped and realized the water going across the street could be up to five or six feet deep with mature trees in it and discarded couches, furniture, tires. FRIEDEL: Some boulders. WELDY: Some boulders. You can actually hear those rolling. Again, we anticipate that we are going to apply for grant funding to help with the design and the construction. Whether or not that will be approved by the Flood Control District is unknown. So once again, we're asking for a placeholder. This one right here. As part of last year, not the one we're in or the one that we're discussing, staff brought a proposal for a contract to do some intersection improvements here primarily to the left-turn pockets or left-turning lanes in the intersection of Fountain Hills Boulevard and Palisades. What they were addressing was the level of service, primarily based on comments, concerns, and complaints from the residents. A couple of councilmembers that had made this one of their priorities have obviously moved on from here, but by the time we got the whole process -- obviously, there was others seated -- it was decided at that time that we would not move forward with that design or the eventual construction, but rather take a look at the curb ramps. So we have. We went out. In fact, the town engineer, along with a couple of professional engineers, we went and looked at this area. This is going to be quite challenging. Basically, in order to meet the minimum guidelines for the DOJ -- we're TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 63 of 68 going to use a pointer here. This -- let me get myself oriented here. Here we go. This is the corner that Safeway is on, and here's the service station in this area. As we're looking at it on the right, the lane that comes across here, basically, dives off really, really steep. Are you unable to see? GOODWIN: No. You're showing opposite. WELDY: Am I? UNIDENTIFIED SPEAKER: Um-hum. WELDY: This is 4 Sons back here, right? GOODWIN: Right. WELDY: Yeah. UNIDENTIFIED SPEAKER: And church (indiscernible). WELDY: Oh, it's this one here. Yeah. Now I'm in the right place. Anyway, the number 2 eastbound lane basically will need to be raised eighteen to twenty-four inches in order to make changes to that ramp. It will also require some changes to the southbound number 2 lane. Minimal changes over on the southwest corner and then the northeast and the northwest corner; not a lot of changes there. But basically, the road needs to be raised on one of these corners. We can certainly do that and make the changes necessary to do that, but it's going to take a while. We just entered into an agreement with a surveyor, provided all of the documentation. After a lot of conversation and meetings on site, we're going to get some survey numbers. And then once we get those, we're going to primarily do the lion's share of the design in the house, and then we're going to get some estimates. We currently do not know what it's going to cost to bring this intersection into compliance, but it will be challenging. I think it's important to note at this time that the previous project, which primarily focused on the left-turning movements for this intersection, also, in that fee, included a design to address the ADA issues in the intersection. We can go back and look at those numbers and see approximately what their cost was. I also think it's important to note that not only the town manager, but the mayor and council and the staff, have listened TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 64 of 68 to and heard from the people that use this intersection that have physical challenges. And we've gone out there and already begun to make intermediate changes, including but not limited to repositioning the push buttons for the traffic signal crossings for the pet heads. We've also installed what we refer to as A-poles, but we put in shorter poles that are further away from the big pole with a push button on them, again, so those with physical challenges can reach a push button so they can call a phase to more safely cross the street. Right now, we're looking at a placeholder. How long the work is going to take and what it's going to cost, we don't know. But rest assured, we will be back before you with some recommendations, including costs in the future. FRIEDEL: I was out at this intersection with one of the residents in town who has a motorized scooter, and we actually went through that. So I'm glad to hear that you put new push pads out there so that they have access to them. Was there any thought about a railing along that street? Because that's such a steep drop that if they lose control or something, they're going to roll right into the street. Was there any thought about that at any point? WELDY: Councilmember, we did not discuss a safety rail while we were out there with -- so we met with two residents that have some challenges. MCMAHON: Thank you very much. I think this was brought up the last time we talked about this intersection. And there was something about not in compliance -- ADA. And it was pre-incorporation. But now we have notice and we have people with disabilities who have been out there that have participated in helping you make a decision about the difficulty that they're having, not even being able to reach the button for changing the light, et cetera. So I think that this is really a need more than a want, especially since the town's been put on notice that it's very, very difficult for people with disabilities to navigate this dangerous intersection. So thank you. KALIVIANAKIS: Ms. Mayor? MAYOR DICKEY: Yes, Councilwoman. KALIVIANAKIS: Thank you. Justin, I know you said you're going to get back at us with TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 65 of 68 cost estimates, but could you just give us a ballpark estimate? It sounds like, with regrading the roads and a lot of those surfaces, it's going to be a pretty expensive project. Is there any way you just give us some kind of a good guess? WELDY: Madam Mayor, Councilmember Kalivianakis, we don't have an estimate at this time because this is going to be an in-house design. The $50,000 that we're asking for is only to pay for professional services in regards to survey and whether or not we need to get a professional opinion from a professional traffic operations engineer. So primarily, the design is going to be in-house. So this $50,000 ask is just simply to cover the minor costs related to an in-house design. In regards to construction costs, we're nowhere near that at this time. There's too much unknown to provide a probable cost. KALIVIANAKIS: And then could you just once again just go through the process of what you think it would do to regrade and to make this thing more ADA accessible? WELDY: For lack of a better description, the southeast corner of the intersection needs to be raised about eighteen inches. Both the northbound -- Fountain Hills Boulevard sidewalk drops down substantially, and also the eastbound -- or westbound, excuse me -- Palisades. They both are very, very steep, leading, basically, into a hole on the southeast corner there. We are of the opinion that if we raise that corner and change the pavement -- and the pavement is very, very steep in that area -- that we can meet the majority of the accommodations. Keep in mind that the sidewalk will need to be rerouted on that corner, so we can decrease the slope on that as well. And there will be -- it'll be necessary to put in some retaining walls along the service station on both fronts there, so we can flatten out that sidewalk as well. The traffic signal pole and foundation in its current location will remain. It will just be a little different looking, for lack of a better description, when we're finished. KALIVIANAKIS: Okay. And thank you. And just so I can get this in my mind, when you said that Palisades would have to be redone, would that require, like, taking a jackhammer, removing the existing asphalt, and then doing infill and then repaving it so TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 66 of 68 it's higher? WELDY: Correct, except for we don't use many jackhammers anymore. We use a giant saw to saw cut and remove the travel lane and the existing concrete, and then, yes, it would be filled, compacted, and then new curb, gutter, sidewalk, curb, opening ramp, and a travel lane put back on it. KALIVIANAKIS: And so would that reduce traffic to one lane during the construction phase? WELDY: Yes, ma'am. MAYOR DICKEY: One of the things that I -- but now I know it's impossible because it's more than really just one way, would be to emergency close one of the intersection or one of the corners. But there wouldn't be any way to get there, even if you went all the way around. So I don't think that that's an option. But if -- since this is probably going to take a while, then maybe if there is something to look at to prevent -- you said a railing, right? Yeah. I don't know. Maybe we need to because this would not be happening this year. I mean, we will start this year, but I don't see it getting done this year. WELDY: We can certainly look at intermediate options and see. Keep in mind that it's been this way probably since this portion was built in '98, '99. So we certainly -- we've heard, and so we're doing our best to make changes. It's just going to take us a little while. And this is a discussion that's going to be much, much bigger with all of us moving forward here. MAYOR DICKEY: Okay. Thank you. WELDY: This is just a recap of what we're looking at. So the total ask here is 4.3. There are the list of projects. This is a breakdown of where the funding will be allocated from. Questions or comments related to that one? This is the outlying years. Keep in mind, based on the feedback from tonight, the outlying years will have slight changes to not only community services, but public works. These are -- again, are the outlying years related to grants and funding and revenue sources. Questions? TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 67 of 68 MAYOR DICKEY: Thank you. Rachael? GOODWIN: I just had one follow-up question for the council. I know we debated a number of projects, and I've been taking -- I've been taking a lot of notes. But there was one question, and it was really the only project that sort of was unclear, was the intersection for Palisades and La Montana, whether we're going to move forward with the design of the roundabout or not. I heard a couple yeses. I heard a couple people feel like maybe that wasn't what we wanted to do. So I just need to clarify that one. GRZYBOWSKI: I do support proceeding. GOODWIN: Okay. Right now, I hate to say it this way, I'm wondering if there's anybody on the phone that may be willing to chime in because I did hear it mentioned. Hannah mentioned she was not wanting to move forward with that one. Perhaps if we can hear from Allen. SKILLICORN: Hello, I'm here. GOODWIN: Allen, I just wanted to see what your thoughts were on the project that was talked about specific to Palisades Boulevard and La Montana, the intersection improvements there. The request is for design funds in the amount of $150,000. Wanted to know if you how you felt about moving forward with that one or postponing it? SKILLICORN: So about eleven months ago, the town council voted to put a moratorium on roundabouts. And I don't think anything has changed. So I would be a no. MAYOR DICKEY: Did we vote to put a moratorium on roundabouts? Or we just weren't going to do the one on Saguaro and Avenue of the Fountain or -- yeah, Avenue of the Fountains; didn't we say that? I mean, we just -- that one project council vote -- some council voted to not proceed, but I don't remember a moratorium on roundabouts. GOODWIN: Correct. That project, we didn't proceed. So noted. I think the other piece of this is we can certainly keep it in the contingency as an option if we decide to move forward with it if that's something we want to do as well. That was really the only one, the only project, that I needed a little bit of clarification on. I think everything else TOWN OF FOUNTAIN HILLS MARCH 26, 2024 TOWN COUNCIL SPECIAL MEETING WORK SESSION MINUTES Page 68 of 68 sounded like we're going to be moving forward. And then we'll be recommending again the sort of approved projects, the green-light projects, projects that we don't really have a lot of questions on, that we feel like are self-explanatory. And then those that may need to come back for further conversation, potentially, specifically an example being the community center, the one we kind of talked about. But we'll bring those back when we come back with the full budget in April. MAYOR DICKEY: I think we should come back with this one because I think a lot of the objection or the worry about it was the cost, and we were throwing around $2 million and $1 million. And like I said, that's not what this one out here cost. And also, we have a good chance of getting a grant for that. So I wonder if that changes the conversation at all because leaving that intersection alone is not something I want to do even a little. GOODWIN: Sure. And again, as a design, and that does set us up for grant opportunities. It's not the construction; it's just the design process. Okay. Is there any other questions about our projects, about things you thought you might see you didn't see, want to see? Otherwise, we're going to move forward with what we have, and you'll be seeing these integrated into the overall budget. MAYOR DICKEY: Thank you. That sounds great. And I appreciate everybody's work getting to this point. And we're adjourned. Having no further business, Mayor Ginny Dickey adjourned the Work Session – Capital Improvement Project of the Fountain Hills Town Council held on March 26, 2024, at 8:24 p.m. TOWN OF FOUNTAIN HILLS _______________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Works Session – Capital Improvement Projects Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 26th day of March 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st Day of May 2024. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 2, 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 Brenda J. Kalivianakis; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately seventy-six members of the public were present. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 1 of 81 Post-Production File Town of Fountain Hills Town Council Meeting Minutes April 2, 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 APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 2 of 81 MAYOR DICKEY: Good evening everyone. Welcome. Please stand for the pledge. And if you choose, remain standing for the invocation. ALL: I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Thank you, Pastor Jake Rogers from Generation. Hi. ROGERS: God, Lord, we just pray that you would just bless this meeting, that you would give wisdom and guidance as these leaders, God, lead our town that they would have the wisdom and guidance needed to put us in the in the direction that we need to continue to go, God. And that you would just use this town in a great way. We thank you. Bless this time. Amen. ALL: Amen. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Here. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Toth? TOTH: Present. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. MENDENHALL: Anyone wishing to address the council regarding items listed on the agenda or under call to the public should fill out a request to comment card located in the back of the council chambers and hand it to the town clerk prior to consideration of TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 3 of 81 that 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 the town council to not comment on items brought forth under call to the public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council agenda. MAYOR DICKEY: Thank you, Linda. We start with our reports by our town manager and councilmembers. Rachael? GOODWIN: Great. Thank you, Mayor. Good evening everybody. I just had two really quick updates. One is to recognize and thank our staff and all of our volunteers that were part of our volunteer reception last week. I know a number of our council were there. It was a great event. We had a couple hundred folks there where all of our town volunteers are honored. And then a number of volunteers are recognized as our standouts for the year. Thank you to Kim and Nita and Renee and our staff that put the event on. But most of all, thank you to all of our volunteers that support us day in and day out. Secondly, I did want to mention that this weekend, this Saturday is our music fest down at Fountain Park; lots of great music, bands, food, all kinds of stuff. So it is a fantastic weekend. We hope to see you down there on Saturday. TOTH: Thank you, Mayor. I had the pleasure of attending the Dark Sky Festival on Saturday. It was a lovely event. I see a lot of you in the crowd, so great job. And I mean, amazing as always. I'm so excited for the dark Sky Discovery Center project. I actually got the chance to meet someone who's trying to get Cave Creek to become a Dark Sky community, which is so fantastic to hear. You're all setting an example for communities around Arizona, and I'm really grateful for you. And looking forward to seeing everybody at Music Fest. That's all I have, though. GRZYBOWSKI: I attended the quarterly GPEC board meeting, and we had a lot going on the past couple of weeks, so I'm just going to mention the two really good, feel good events that we held last week. We had the annual Hall of Fame dinner, where nine very TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 4 of 81 worthy candidates were inducted into the Hall of Fame -- a couple of which are actually here today. And then the following night we had the annual volunteer reception, which the town manager just spoke about it. I love the way we do it now. It seems very fancy and formal. It used to be so casual, but now it really -- it's a real good, feel good event and I appreciate you guys doing that for us. The volunteer reception is for people that help out at the community events. people like the crisis team, the Give a Lift folks. We have a lot of volunteer opportunities that the town does in general, where the Hall of Fame is a little bit more than just being a town volunteer. So that's why it's important to hold both of these things. Thank you very much. FRIEDEL: Thank you, Mayor. I too attended the Fountain Hills Days Festival that we had here. That was very well done, by the way. And the Dark Skies Festival was really fantastic. The number of telescopes and the things that I saw there were really, really pretty cool. So that's the nerdy side of me, I guess. But anyway, it was really well attended and great food trucks too. And then we, as they mentioned, the volunteer reception. That's really important because with a town of volunteers, it's really great to give them some recognition and some credit. So very well done, Rachael, on that. Thank you. MCMAHON: Good evening, everybody. I attended a Valley Metro board meeting, and just want to let everybody know that the conversion to electric busses is moving forward pretty quickly, which will be nice. Also, I attended the community chorus event at the community center. It was really, really lovely. And also the Hall of Fame dinner honoring Alan Magazine, a prior councilmember; Mr. Brown, a prior councilmember. I don't know if Cindy Couture's here, she's a retired high school teacher. And also Tammy Bell, who works at the Chamber and is the chair of our Fountain Hills Protect Our Youth Coalition. It was really a nice event and great to honor these people. They give so much to our community. Also, the town's volunteer reception, that was really well done. Kim did a great job and it was really nice to see all the volunteers get recognized. And in fact, I believe our ratio TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 5 of 81 of volunteers in town to our population is the highest in the Valley. I mean, I don't think any other town has as many dedicated, proactive volunteers as we do. So thank you for all your service, you guys, we appreciate it. And I volunteered at the Dark Sky Festival, and as everybody said, it was really, really a wonderful event. The kids loved it. They got to participate and little stations, et cetera I think -- I don't know -- Debbie Miller knows, but I think there were a couple thousand people there. I mean, we had a lot of people there. It was really, really great, and well done. And also we're going to have another -- also, we had a CARES forum and the CARES forum was put on by the committee and thank my fellow councilmembers and Bo Larsen for putting it on. We had a great discussion about civility from a professor and a newspaper editor, and it was really, really nice. And contrary to some of the disrespectful remarks that were made about the town putting on this event, it was the largest attended forum thus far, and that says something. Also the dementia-friendly town committee is putting on a Taking Care of Yourself, Care for the Dementia Caregiver. It's going to be at the community center on April 8th. It's free. We're going to have a lot of information, some great speakers. I put fliers on the back table and I hope you guys will attend. So thank you. KALIVIANAKIS: Thank you, Ms. Mayor. Hi, everybody. And thanks for coming tonight. For all you people on livestream and YouTube and here in person, thank you. As I always say, an active and engaged public leads to good governance. And in Fountain Hills we are blessed with that. I just came back from a weeklong trip to the east coast. I was had a host -- Lana (ph.), thank you very much for putting up with me, offering my lodging, and giving me your rental car -- or a car where she got a rental. So I appreciate that. I'm back. I'm nourished, and I'm refreshed and ready to go as you can see. Thanks, everybody, for the thoughts and the prayers on my -- I don't have sunglasses on tonight. I'm back to regular. It's kind of a scary thing, and it was very inconvenient for being on the council. But a couple of months ago when the doctor said you have cataracts and your vision is diminishing, it's getting worse and worse. He said, all we have to do is this procedure, it's easy to do, and you'll be whole again. And so I did it TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 6 of 81 and you guys put up with it. But I got good vision again and I'm whole. So I appreciate that. And I appreciate everybody reaching out to me and caring for me. I also did go with the mayor and Peggy to the Fountain Hills CARES meeting. Again, I do believe in civility, and I think it's a good message for this town. Civility forges acceptance and connection that we all want and we all need. Incivility makes us feel small and discarded. It appeals to our crude and our baser instincts. Civility raises us up and inoculates our hearts with kindness. And it also has been proven to be an important part of staying healthy. And we are a health and wellness community. And if we treat each other with respect and dignity, we'll all feel better. The one thing that I did go to, I don't think anybody mentioned was the capital improvement retreat that I did up here on the town bridge. And again, just very important because a lot of times people say we didn't know things were coming, and then all of a sudden they appeared to council and you guys are voting on stuff. Well, this stuff generally takes a year or two and there's retreats and all sorts of things. We have another one coming up, I believe within the month. And so it's very important if you're concerned about this business, don't just come to council meetings, and say we didn't know. Because this past week, we had a number of community services and public works projects. We talked about town park projects. One was targeted to stargazing and then a Dark Sky community that should be really popular. Sidewalk infill, roadway expansion, drainage and flood mitigation, more public restrooms, pickleball, and community center improvements were just some of the things we discussed. So again, if you want to know what's going on in Fountain Hills, you got to come to these retreats. Thank you, Ms. Mayor. That's all I have for tonight. MAYOR DICKEY: Councilman? SKILLICORN: No report tonight, Madam Mayor. MAYOR DICKEY: Thanks a lot. As you can see, lot's been going on. So had MAG Regional Council -- I'm going to refer you to their website which is azmag.gov because there were some good presentations. One was Fountain Hills being recognized for joining the region and efforts to reduce homelessness. And it's always in ways that are TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 7 of 81 appropriate to each community. So I appreciated that we were part of that presentation giving solutions that like I say, they're appropriate to the city. So it's like the Town of Paradise Valley and Fountain Hills, we have our own way of helping out. MAG leaders met with and appealed to EPA regarding reevaluating our air quality status. I don't know if you've been paying attention to that at all, but we're kind of on the verge of getting down a notch, which is going to affect certain big projects that are coming to Arizona. So it was good to see that they were there trying to discuss the desert and the storms and the fires and other things that might affect our air quality. The modeling and studies that MAG does are crucial to planning for our future transportation needs as we know, including and primarily roads and streets. And this has led to good rankings that you'll see if you look at the presentation that we have as a metropolitan area for travel times and for costs, and for being the fifth largest city in the country, it was quite impressive. I had my quarterly meeting with the Fountain Hills superintendent, the district's superintendent. We did Fountain Hills CARES -- something really unusual. East Valley mayors and the U.S. Conference of Mayors were invited by the City of Mesa and Major League Baseball to celebrate the Play Ball Initiative. I was just talking to Rachael about that. It's a really neat thing for our youth. And so I got to be on the field and wave on behalf of Fountain Hills at a Cubs-Giants game with all the other mayors. So that was very nice and appreciated. Fountain Hills Day, which was really awesome. Thank you to the Chamber for that. Giving everybody the opportunity to enjoy that gorgeous weather. The capital improvement work study last Tuesday, and then we're going to have the budget work study next Tuesday. So that's going to be four Tuesdays in a row. So we got to put a stop to this now. The Hall of Fame dinner. Congratulations to everybody who got that. That was a wonderful volunteer reception. Again, thanks to staff and of course, all of our volunteers and the Dark Sky Festival with the lobster rolls, which I'm always going to go for even if they're -- let's see -- $31. They were awesome. And some news, apropos a recent topic here that I think Councilman Skillicorn had brought up about -- and it goes TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 8 of 81 with our proclamation of International Dark Sky Week. So in anticipation of the groundbreaking that's going to happen on Monday, which is during the eclipse, the International Dark Sky Discovery Center is including a place called the Pluto Snack Station. Right? I saw it on the map. So I want to make note that Pluto is now the official state planet of Arizona. So while many believe that it is a dwarf planet, and I know somebody was kind of challenging this, actually, some in the community still look at it as a planet. And the reason it's important to Arizona, it was first discovered at Lowell Observatory in Flagstaff in 1930. So that will lead me right into the proclamations, which I have two things to do here. We're going to present the Fountain Hills Dark Sky Association; I think Vicki and Joe, and whoever else wants to come up with board members for International Dark Sky week, and then we'll immediately go into presenting the citizen's streets advisory committee. They received special recognition at the volunteer dinner and at the reception. And this is for all of their work, many, many months of work distilling the data that we did get from the IMS report, which is get you cross-eyed if you look at that a little too long and these guys put it in English for us. So we're coming up with a comprehensive plan that they will have options that the council will be able to consider. But their labors are done for now. So I'm going to come down and we'll do -- first, we're going to do the Dark Sky. So if you all want to meet me down there, I'll present it. Who wants to hold this while I talk? Wow, this is great. Come on up. Come on, come on, come on. All right. I'll start reading it. And then you all, whoever would like to say a few words, any, or all of you, you're welcome to. So whereas, the aesthetic beauty and wonder of a natural dark sky is a shared heritage of all humankind; and whereas, the experience of standing beneath a starry sky inspires feelings of wonder and awe and encourages a growing interest in science and nature, especially among young people and visitors; 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 ten percent of the world's largest telescopes, including the world's largest TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 9 of 81 optical telescope and many of the most revered observatories, including Lowell, Smithsonian, U of A, Kitt Peak, and the Vatican observatories, and in the future, the International Dark Sky Discovery Center. What? And whereas, the optical astronomy, which is endangered by unfettered light pollution, represents a statewide capital investment of more than $1.3 billion -- geez -- 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, the 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. So therefore, now, I, Mayor Ginny Dickey, on behalf of the town of Fountain Hills, proclaim the week of April 2nd through April 8th, 2024, as International Dark Sky Week and ask each resident to join me in observing this important week and raising awareness and support for protecting our precious dark sky resources. That's a mouthful. BILL: Well, thank you. We appreciate that. And of course we're so excited about what's going on. We just had a great festival, as you know. We have another major event coming up next Monday, the groundbreaking. We already have confirmed attendees from the governor's office, from Senator Kelly's office, Senator Sinema's office, Chris Camacho, CEO of the Greater Phoenix Economic Council; the list goes on. And it's going to be a big event. We've been getting publicity throughout the Phoenix area. I just hope half of Phoenix doesn't show up. But it's going to be a great time. MAYOR DICKEY: Anything else? DERKSEN: Yeah. And I wanted to really just thank all of the current council, Mayor, and past councilmembers and mayor, that you guys have been so supportive of our efforts here in Fountain Hills since day 1, and we're super appreciative of that and our community thanks you. MAYOR DICKEY: Thank you. Thank you so much. Thank you so much, you guys. Take care. Thank you. Thank you. Thank you. Thank you, guys, so much. So Justin's going to take this and I will hand out the plaques. WELDY: Madam Mayor and councilmembers, I thank you for the opportunity. This is TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 10 of 81 the second time in recent days I've had the honor of recognizing this group of volunteers. The Fountain Hills Advisory Streets Committee stands out as a beacon of the community involvement and dedication to the betterment of our town's infrastructure. They were formed in 2021. The Citizens Advisory Streets Committee comprised engaged residents offering impressive collection of experience. They offered invaluable input and guidance on how the town could effectively manage its streets and pavement repairs for the next two decades and beyond. Their collaborative efforts resulted in innovative solutions to stretch the town's resources while maintaining the integrity and safety of the roadways. The tireless work of the Citizen Advisory Streets Committee exemplifies the power of community engagement and volunteerism in effecting positive change. Their proactive approach to addressing the challenges of the street maintenance and repair serve as an inspiration. I'm going to call out all of their names. Not all of them are in attendance. Gentlemen, when I call your name, if you would please come up here. Jerry Butler. Kim Colenso. Jim Dickey. Mark Graham. Buck Haworth. Bernie Hoenle. Dean Hughson. Jeffrey Allan Kerr. Karl Manthe. Joe Mueller. Christopher Plumb. Gary Salavitch. Gregg Dudash and George Mitchell. MAYOR DICKEY: I know you. There you go. All right. So -- DUDASH: Great speech, by the way. MAYOR DICKEY: It was a great speech. So anybody want to come on? Who wants to take it? He's not. Who wants to be the one to say hello? There you go. BUTLER: Hello. As our public works director commented at the beginning of this, yes, the committee put in a lot of hours and I think we have come up with a program unlike many times before, at least three times before, where this has been addressed, we tried to take a different approach this time. Because the ones that have been tried twice before haven't worked, so hopefully this one will take the community forward and we'll have better streets in the near future. Thank you. MAYOR DICKEY: Third time's a charm. Thank you guys. I think -- did you get a picture yet? Okay. We'll do one real quick. Thanks so much. Thank you all very much. We have some presentations tonight. Our first one is from TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 11 of 81 Cox Communication and Jamie Boyett is here. I don't know if Rachael had anything to say or if you'd like to come on. GOODWIN: Actually, I think Bo's going to do our introduction for us tonight. MAYOR DICKEY: Thank you. LARSEN: I'm everywhere today. It didn't work. Give me one second, please, and I'll -- full screen, there we go. Mayor and councilmembers, I'm really honored to introduce Jamie Boyett, who's the manager of government affairs for Cox Communications. As you know, we'd like to bring in some of our partners that we have to kind of give a yearly update of what's going on, not only in their own industry, their company, but what they're doing to impact and make lives better here in the Town of Fountain Hills. So I'd like to introduce Jamie Boyett to give the presentation for Cox Communications. BOYETT: All right. Hi Mayor, members of the council. My name is Jamie Boyett. I'm the manager of government affairs for Cox Communications in the Phoenix metro area. I appreciate you guys allowing me to be here tonight, to give you a little overview of Cox and what we're up to. So just to give you guys a little bit of history. Cox Communications is part of Cox Enterprises. Cox Enterprises was founded back in 1898 by James M. Cox and originally was a newspaper. Obviously, we have grown tremendously since then. We are now over 125 years old, and we are a privately held communications, media, and automotive services company with more than 23 billion in revenue and over 50,000 employees throughout the United States. Some of the subsidiaries of Cox Enterprises, I think Cox Communications is the one that most everybody knows. That is our residential arm. So on the residential side, we provide a video, voice, and data products to residents within the Town of Fountain Hills. We also have a Cox business arm that provides business services to small, medium, and large companies. Again, they provide data, phone, video, cloud services, and many other things that your businesses may need to operate on a daily basis. We also have Cox Media. Cox Media is our advertising arm, so they are able to assist, again, small, medium, and large businesses, government entities, and individuals with any advertising TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 12 of 81 needs they may need. They can go speak to our Cox advertising, our Cox Media folks. They can help them come up with a plan and help them execute that. We also have Cox Automotive. Under Cox Automotive, we have consumer-facing businesses like Autotrader.com, Kelley Blue Book, and Manheim Auctions. Another thing that we just acquired is Cox Farms. So Cox is also looking to get into sustainable farming as well. So that is greenhouses where you can grow produce and stuff like that. So here in Arizona, Cox generates 5.5 billion in total economic activity in Arizona each year. We also contribute to vital state and local government programs in Arizona, generating over 84 million in property taxes, sales, and gross receipts, and other fees annually. We support over 14,000 jobs here within the State of Arizona, and we have enough fiber and coaxial infrastructure in the state to wrap around the entire globe. From a social impact, Cox is proud to be a longstanding and integral part of nearly 40 communities in Arizona, four counties, three military bases, and two of the state's colleges -- state universities here. We have demonstrated an annual community investment to Arizona by providing cash, grants, and in-kind contributions of nearly 33 million. Some of those are Umom New Day centers, Habitat for Humanity, Boys and Girls Clubs of the Valley, Chicanos Por La Causa, and many, many other organizations that our employees help. We have a Cox Charities Foundation, which our employees contribute to on a yearly basis. Those employees also determine who those funds go to nonprofit organizations as well. In Fountain Hills, residents have the opportunity to get internet, video, and voice services through Cox Communications. As I mentioned, we're a broadband communications and entertainment company that provides those advanced services over our own nationwide IP network. We're committed to creating meaningful moments of human connection through broadband applications and services. Cox is also dedicated to ensuring digital equity for all households in our communities. The digital divide prevents people from gaining access to the internet, information, and resources they need to prosper, which is why we'll continue our ten-plus year TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 13 of 81 commitment to providing low-cost services to low-income families in our communities. Right now, we do have two digital equity programs that are available to residents today. One is Connect2Compete. We have had that available for ten-plus years to the community, that is for residents who have children in the K through 12 school system. If they are on the free or reduced reduced lunch program, they qualify for that program. It provides them 100 megabytes of download, free Wi-Fi modem. There is no contract associated with this as well. When COVID hit, we realized that we also needed to assist the rest of the population that needed assistance as well. So we created the ConnectAssist program. It's the exact same program. It assists residents who are on SNAP, SSI, those types of programs. And again, it's 100 MB, free modem, no contract. And that is $30 a month for residents that qualify for that program. I wanted to mention that Cox, we do invest in our network continuously. We have invested 2.7 billion in Arizona over the last ten years. That is not going to stop. We will continue to invest in our network to make sure that we are providing a reliable service, as well as meeting customers' needs and demands. Cox was voted number 1 fastest ISP in Arizona, per Ookla in quarter 4 of 2023, and we have done speed increases without price changes. Our system also allows us to do 24/7 network monitoring. So hopefully we are able to capture when residents are having issues with their services prior to them noticing. Obviously, that is not always the case. There are circumstances such as if something gets cut, we have other issues where we need to replace equipment, that sort of thing where it may take us a little bit longer to get those fixed. And we also do have a redundant network operations center, which again ensures ongoing monitoring. Today in Fountain Hills, all residents are able to get up to one gig of speed for data. We do have up to two gig that is currently not available to all residents in Arizona. It's about 67 percent that has that option, but we are working to get two gig to all of our residents in Arizona. But as you can see, we have a number of options available depending upon the needs of our residents for data service. And to sum it up, as I mentioned, all Cox residents in Fountain Hills have the access to receive up to one gig of internet. We want to seek to be a great internet provider and TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 14 of 81 to provide a variety of internet speeds to the residents here. We will continue to work to make our network scalable, and we're working to continue to provide even more gigs of service, up to ten gigs, in the near future. And with that, I would be happy to take any questions you may have. MAYOR DICKEY: Thank you very much. We appreciate that information. Any questions? Comments from council? Vice mayor? KALIVIANAKIS: Yeah. Thank you, Ms. Mayor. Yeah, it's good to know that you have those programs designed for the SNAP and the people that are on limited incomes. And also, I think it's very generous for you to offer that program for people with K through 12 children, to give them affordable internet. I think that that's a key to the future, I think, of this whole country is to provide internet services and connectivity with the youth, and that's a way to really help. So I really appreciate what you guys are doing there. And if you ever come up with a program for underpaid town council people, please send me an email. BOYETT: Will do. Thank you. MAYOR DICKEY: Councilwoman? TOTH: Thank you. I know this wasn't the focus of the presentation, but I'm really interested in the Cox farming thing. Do you know where I could go to learn more about that program? I'm very curious. BOYETT: Yes. I will send you information about that. You're welcome. MAYOR DICKEY: Well. Thank you. I know that you remind me of old-school corporate partners who give back to the communities. And you came through so much in the pandemic. But my really important question that now I don't have to answer anymore is are you going to cover the Diamondbacks games? BOYETT: Yes, we are. MAYOR DICKEY: And you came through on opening day. So real happy about that. BOYETT: Channel 34. MAYOR DICKEY: Channel 34, yep. So rather than ask that more vital sports questions, I will make sure anybody else has any questions. No? Thank you. We appreciate you TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 15 of 81 coming out. And we also know that you're available if we ever need you. So thank you very much. BOYETT: Thank you very much. Thank you. MAYOR DICKEY: We have another presentation. And this is going to be by our chief about our first quarter update on the fire department. So is there any introduction to that? GOODWIN: I don't think any introduction is needed other than come on down, Chief Ott. UNIDENTIFIED SPEAKER: That is not Chief Ott. GOODWIN: No, that is not. LARSEN: I'm your PIO. OTT: And every good chief will tell you they need a good PIO, and Bo is doing an outstanding job. So good evening, Madam Mayor, and council. I am pleased to be here. We are 90 days old in a couple days. I could make it, like the Academy Awards and stand up here and thank everybody that's helped us get to this point. But that would take all night. And Larry's told me that I only have five minutes, so I'll try to hit the highlights. But we did have a lot of people involved all the way around the valley, including everybody on the dais, previous members that had been on the dais, and the supporting chiefs from all the neighboring fire departments have all been a huge part in us getting to where we're at today at this point. And 90 days might seem like a long time, to me it seems like it's been nine years and maybe longer if we talk about how long it's been in the -- kind of in the works. And Scott LaGreca did a huge job in getting us to where we are today. So we went live January 1st, 2024, but we actually started our transition through the Mesa Regional Dispatch Center on December 12th. And since that date, we've had 1,534 total number of event calls in Fountain Hills, and comparative to last year for the same amount of time, we had 1,260. So we're up -- fireman math -- about 300 calls from what we had the previous year. I don't know that that's really more of a -- it's just a trend in how things are going, not necessarily reflective of the dispatch system itself. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 16 of 81 We do have a little bit better accountability of what the calls are through the new dispatch than we've had previously, so that's helped us out a little bit. The total number of calls that we were dispatched on, which also includes calls into Scottsdale, calls to Rio Verde, calls to Fort McDowell, and some calls down on the -- up and down the Beeline was a little bit higher. We went up 1,571. We've had about 700 calls where we've had assistance, which we didn't necessarily have in the past. And some of that assistance is coming from AMR with an ambulance response. That's not Ambo 341 that's stationed up there all the time. It would be another AMR ambulance that's either moving up or coming, because we need additional ambulances. That's included in that 700 assistance calls there. It also includes the number of calls that we've gotten from Phoenix Fire, where Scottsdale Fire has assisted us on calls. It includes Rio Verde when Rio Verde comes into town, when we've called them for assistance, and both Salt River and Fort McDowell. So our partners in the Indian community side of things have been huge on getting us to this point as well. Very supportive. And as always, we can't really do what we do in Fountain Hills without the support of the Fort McDowell Yavapai Nation. So of that I kind of went through and thought what were our biggest surprises. And I think that it kind of goes to the amount of effort that was put into planning in the small details that I was really kind of stumped on what, what big surprises were. I didn't wake up any day through the transition and go, oh, we forgot this, this is a critical point, we forgot that. There have been some minor things and we've made adjustments, but we'll continue to do that through the rest of the life of this fire department. So no real big surprises. We did do some additional things to help out. We added an additional scheduling software to kind of interface with the paycheck system that the town uses for all its employees. We are a little bit unique. Not just in being firefighters, but our schedules and how that time works back and what that looks like to a payroll system. And I have to give big thanks to Dave Trimble and Jeanette and Tiffany in being able to help us get payroll processed every two weeks. But we went out and found this scheduling program that's really geared more towards the fire service. Dave and his TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 17 of 81 staff thought that it would be a big benefit, so we went ahead and bought that. That was something that we hadn't really planned on, but it was a $4,000 addition that we thought was well worth it. And I think Dave will agree that it saves a lot of time and it's just down to some manual input opposed to trying to mesh two systems that would never talk to each other. Kind of one of our other accomplishments that we've made so far is we have probably pretty close to 90 percent of the intergovernmental agreements in place that we'll need to kind of move forward. And those are mutual aid agreements with Fort McDowell, Rio Verde, Salt River. Scottsdale, we finally just signed off on that two weeks ago. I appreciate that. That was a big check mark off of my board as well. We also have training IGAs with the City of Glendale for their GRPSTC facility. And we're in the process of finalizing the IGA for training with Mesa. We have IGAs for Mesa Regional Dispatch Center for our dispatch. We have an IGA with the TRWC, which is Topaz Regional Wireless Cooperative that is also a component of our dispatch center. We have a couple other IGAs that are slipping my mind, but I know I've got a stack of them on my desk, and I've only got a couple more to bring to you. So I appreciate your patience as we move forward with that. I think our biggest challenges that I look at moving forward will probably be along the lines of recruitment, but that's going to be years down the road. The fire service as a whole is having a challenge with recruitment. I don't see us being any different, although this is the best place, definitely in the valley, to work and probably the state, so we'll go off of that. And I think that a lot of people have called initially just to find out whether we're hiring, when we're going to hire, so from my standpoint, that's a good sign. That I've had people all across the country and all across the valley want to know how they can get in and be a part of Fountain Hills Fire Department. I think one of the other things moving forward will just be making sure that we can adjust to everything that happens. And there's fire departments around the valley that are decreasing the call types that they go on. And that's purely because they can't keep up with the volume of calls that they have. And they felt it's necessary to eliminate TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 18 of 81 some of those call types. And I hope that we never get to that point, because that's a lack in service and we're all about the service. I joke about us being a full service department, we'll do just about everything and anything that will benefit the residents of the town. So we look forward to another fantastic 90 days and just keep multiplying as we go. I'll be happy to answer any questions if you do. MAYOR DICKEY: Thank you. FRIEDEL: Chief, thanks very much for the orderly, smooth transition. And I think it's been pretty seamless to the residents in the town and to us up here, too. So you're very detailed and organized. We appreciate that. Thank you. MAYOR DICKEY: Any other comments or questions for the chief? Thank you. No? Well, I think everybody is very grateful for the way this has worked out, and I'm glad that we could get the agreement with Scottsdale done, and anything else that comes up we're happy to look at and get us on the way. Do you need anything from us? OTT: Madam Mayor, council, I do not, just your continued support. And I would be remiss if I did commend my staff; they're just super. I can't think of a better group of people to work with. MAYOR DICKEY: Thank you so much. Thanks, sir. Our next item is call to the public, which are for items that are not on the agenda. Please state your name and the city or town that you are from. Sorry. MENDENHALL: That's okay. Mayor, we do have four comment cards for call to the public. We will start off with Eric Wyckoff, and then on deck is Liz Gildersleeve. WYCKOFF: I'll read this to you in my wife's beautiful glasses. Quite stylish because I've forgot mine. So I'm sure I look fabulous. This is going to be polarizing. I think it's rare you get a person like me that actually comes in here and speaks to you. My name is Eric Wyckoff. Speaking here today I now fear for my own career. All I say applies thrice-fold to fire departments, ironically enough. I've been a law enforcement officer for over 30 years, the vast majority in a supervisory capacity. I've resided in town nearly that long. I have never spoken or attended this forum before until called to do so now. Recently, I TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 19 of 81 was unlawfully detained -- never thought this would happen in my life -- by an MCSO deputy pursuant to a traffic stop. During this time, he issued me a written warning after telling me other town citizens received very expensive citations for the same thing. Remember that. Upon consultation and garnering unanimous concurring support from many -- north of 20 colleagues -- I complained that my Fourth Amendment rights were violated by the Maricopa County Sheriff's Department. I was concerned about a false public record issued in my name, with no due process to defend myself because it was a written warning. MCSO's professional standards failed to properly investigate the matter by never contacting me, suppressing relevant video evidence of the event, and while drafting a copy to the offending deputy and his union, while never drafting a copy to the citizen at this time, me. Consider that. Remember it. Why? Police aren't heroes. Police are not villains. Police are bureaucrats. They're employees. They exist to protect the bureaucracy, with protection of people a mere afterthought. I've been doing this 30 years, been a supervisor, 22 of it. Okay? Saying such, I now fear for my own career. Due to union strength, there is little accountability for police. In my case, the MCSO system clearly worked to cover for their deputy; this is what bureaucracies do. About 40 percent of your budget is public safety work. To minimize this, from my experience, you cut your expenditures 25 percent and notice no difference. They are largely playing video games behind businesses or churches. Fountain Hills is a distant suburb separated by mountains from the valley. The hilly terrain and wealth of the area largely insulates us from crime. Deputies call it fountain berry here -- think Mayberry. Reduce this overhead and put it into crime prevention through environmental design accepted. If you wish to reduce crime, make this place as nice as possible with the money that you save. It's the perfect town to add impressive guard gates, possibly arches to points of entrance and exit along Shea north of town. I'm not saying block them, I'm just saying make it nice. So nice that criminals go, whoa, I'm not there. I've been doing it 30 years. It makes the biggest difference of anything I've seen. If you choose not -- I'm almost done -- at least take an active role in supervising MCSO. View their GPS. They'll fight TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 20 of 81 you. See them sitting still for hours, or perhaps doing meaningless things. Be active -- MAYOR DICKEY: Thank you, sir. WYCKOFF: -- conduct impromptu time, motion studies, or activities. You may be astonished it has been allowed to develop this far -- MAYOR DICKEY: Sir, time is up. I'm sorry. WYCKOFF: -- through the strong unions. MAYOR DICKEY: Your time is up. I'm sorry. WYCKOFF: Okay. MAYOR DICKEY: Thank you. WYCKOFF: I'm almost done. I have two seconds. MAYOR DICKEY: No, no, everybody gets three minutes. I'm sorry, sir. We just have to be fair. Thank you. WYCKOFF: Okay. I'll send you all an email with the remaining then. Okay. It had that much left. Thank you. Everybody needs to wake up to the police. GILDERSLEEVE: Good evening all. Liz Gildersleeve, Fountain Hills resident. I wanted to talk tonight about the ethics complaint that I filed last week against Councilmember Kalivianakis with our town manager as a result of a recent public records request for communications between Kalivianakis and Sandor regarding a parking agreement, I received an email conversation between Kalivianakis and Justin Eller which stated that he wants Kalivianakis', quote, "personal email address to send documents. We don't want these in the public domain". End quote. Also included is Kalivianakis' prompt response to him confirming her personal email address, demonstrating a clear intent and willingness to receive information. This email conversation should be disturbing to everyone, including those of you on the dais. Hiding information from the public is never okay. There are better ways Kalivianakis could have responded to Eller. Readily sharing a private email address is not one of them, and confirms a cozy relationship with the developer, just as many of us -- excuse me -- many of us had indicated during several call to publics at the January 17th TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 21 of 81 town council meeting before the Sandor vote, where, coincidentally, Kalivianakis voted in favor of the Sandor high-density apartment project. Worth noting is that the two easement agreements between the Sandor representative and Target, that were received as part of the same public records request, were fully executed a day after the December 2023 meeting, where the planning and zoning commission voted against the Sandor proposal and one month prior to the town council meeting. It's as if Sandor already knew that they had had enough votes on the council to push their project forward. Given the inappropriate email exchange between Sandor and Kalivianakis that I just read to you, one could assume they did. During the January 17th town council meeting, Kalivianakis vehemently denied any impropriety with Sandor, her email exchange with Sandor, which opens up many questions, suggests otherwise. For a councilmember to so willingly share a private email with the express purpose of hiding information from public view is clearly an ethics violation. What other communications and documents were sent to Kalivianakis' private email account? Can any explanation from Kalivianakis be believed or trusted at this point? Thank you for your time and attention tonight. MENDENHALL: Next we have Chris Enos and on deck, Ed Stizza. ENOS: Sorry. I guess I should have stuck to the front here. All right. I actually have two things but I only have time for one. The other is an agenda item, so if it's all right, I'll come back to address that one. MAYOR DICKEY: Yes. Could you say what city you're from, please? I'm sorry. What town? ENOS: I'm Chris Enos and I live here in Fountain Hills. MAYOR DICKEY: Thank you. ENOS: And I'm here to talk about what I see now as ethics wars. It's sort of like high school. And with all due respect, I said it once, I don't like repeating myself. Don't make me come back again. This is what you got to do. You got to reform your provisions of your town code that deal with ethics. Right now, they're not very clear. I said that TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 22 of 81 before. Secondly, every councilmember up here has rights and duties. You have a right and a duty to investigate before making a vote. So you can have a conversation with Satan himself if you want to, if it's going to help you make a vote on something and it's perfectly legitimate, there's nothing wrong with that. Secondly, you have a right to ask questions. There are questions asked. There was questions asked before as I brought out before. That's not an ethics violation. So with all due respect, let's not revisit what we did in high school. Let's now put on your big boy pants, have your friends hold their water, toughen up. This is an agenda that you have to deal with, these are real issues that you have to deal with, and we don't have time for little name-calling between councilmembers. I appreciate you doing your job up here, I really do. What is it? $400 a month. It ain't worth it. What I got to say is, I appreciate you doing your job. I hope you aren't dissuaded from continuing to try to do your job and your due diligence and asking your questions, simply because some people may complain about it in public and behind your back, or otherwise. So thank you for being council people; continue to do your jobs and let's everybody put on their big boy pants. MENDENHALL: That's it for public comment. I'm sorry, Ed. I'm sorry, Ed. STIZZA: Good evening, Madam Mayor, vice mayor, council, and -- sorry -- staff and Aaron. Hope everybody had a great Easter. So yeah, no -- I should. Okay. I was going to bring popcorn in case anybody wanted some while I was speaking. So -- anyway there's so much happening within our town right now that is absolutely embarrassing. And I, too, attended the civility meeting, and I sure hope all of you learn something from it also, the ones that attended. I think it has been -- I'm kind of in shock, actually, that we don't have a public barrage of Allen Skillicorn tonight, thank God, you know. So I think it has gotten completely out of hand and obviously somebody has talked to the people that are sitting right behind me that have not gotten up here today and spoke at call to the public. I'm absolutely grateful for that because everything that's been said about Allen and the processes that were done were absolutely uncalled TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 23 of 81 for. And it's sad. It's sad. So hopefully everybody learned something from this. I really, really hope so. I learned a few things from the civility meeting. Okay. Didn't agree with everything. But one of the things I really didn't understand at the last meeting is why, Mayor Dickey, you stopped me from speaking on behalf of Allen Skillicorn. So -- you did. And we have all turned our cards in to speak at the last minute. And the last gentleman to speak also spoke or turned in his card right before I did at the last minute. And that allowed me, unfortunately, I made it late to the meeting and I missed call to the public, but I was standing in this room and handed over my speaker card during that agenda item. So I was told I wasn't allowed to speak, and I had more than enough time to be able to do that. So a couple things on -- oh, I wish to God that we would have better communications on the projects that are going on around town. I know you had a CIP meeting, okay, but at same token, not everybody gets to see that. I've had several questions about what's going on, and I'm pretty astute at looking at the way things are done. I have a tremendous background in design and architecture, construction, and I don't think we get enough knowledge out to the public. Okay. I was going to talk about our shade structure being pushed into the Centennial Circle. And unfortunately -- I'll abide by the rules. Thank you. MAYOR DICKEY: Just real quick, Linda. We -- once an item starts, we don't take any more speaker cards. So once it's actually been called, correct? MENDENHALL: Correct. MAYOR DICKEY: Thank you. Vice mayor? KALIVIANAKIS: Thank you, Ms. Mayor. Kind of a long story. It might take a few minutes. It might even be called a filibuster. But what Ms. Gildersleeve said has been parroted by a number of other people in our community. It's been part of what they would call an astroturf campaign on social media, where they called for people to file ethics charges against me, early and often, as many as you can. It'll make Brenda look bad. There's been a lot of really harsh comparisons of me being the Joker, and I guess TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 24 of 81 they think I'm trying to kill Batman, even, which I'm not trying to do. It comes from a councilmember that's sitting right on this dais. Because if you look at what he's called for on Allen's own page, he says something stinks in Fountain Hills. I'm talking about Referendum Gate, where he's comparing the referendum to Watergate and that this town is corrupt. Phony ethics sanctions, which were filed in good faith, and which were upheld by an attorney that does these things. And lastly, the cover-up of developer emails, that's where it comes in to me. And that's where I think people like Ms. Gildersleeve and other people have been led astray by our town councilmember, which they trust. They shouldn't. Prior to the council voting on the target agreement, constituents claim that no parking agreement existed, and many of those people were from the Reclaim Our Town. I took those concerns seriously as well, as we didn't have a fire truck that was tall enough to go to the top of the building that the sanitation department couldn't service the building, and that the P.A.D. and the P.U.D. conferred more land use rights, which they did not. So regarding the parking agreement, they alleged the Sandor lied to the planning and zoning committee and to our staff. To address these concerns, like any conscientious councilmember would do, I requested a copy of the parking agreement between Target and Sandor, which is my right. I respected the chain of leadership by requesting our town manager and attorney to obtain a copy of the agreement so I can make a fully informed vote. This is similar to what we do in the United States Coast Guard Auxiliary, we respect the chain. I did not reach out to Sandor. I had some -- I had the chain reach out. I told them that my constituents were concerned this agreement didn't exist. And in order for me to vote with it -- and if Sandor lied, I would be a no-vote. And I even made this revelation to Gerry. My intent was like Ronald Reagan's, trust but verify. The day before the vote, I received an email from a representative of the project asking if this was my personal email address, which I confirmed it was. Quickly, yes, because I get back to all my emails quickly. It's important now to note, too, that if I had been communicating and had all these communications with Sandor, then why would they even ask me if this is my correct TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 25 of 81 email address? They would have already had it. They didn't. That's why they were confirming it. And I had that one communication with them, that's all. I did not quibble with them about an alternative address. My sole interest was to confirm to the public that the parking agreement existed, as Sandor had agreed that it did. Regarding Mr. Eller's comment that we don't want these in the public domain. I didn't care. That wasn't my concern. My concern was, did they have the agreement or not? The very fact that he was sending it to a public official made it obvious that this could be FOIA'ed, which it was on my personal email and which I turned over when I received the FOIA request, immediately. Because I wasn't hiding anything. The following that night, on January 17th, I verified the existence of the written parking agreement publicly and more importantly, I disclosed the existence of the email promptly and publicly at the same meeting. This is fully transparent. This is how the public knows about the email to begin with, and Ms. Gildersleeve, is because I said it here that the email existed. I said they sent me the email. The whole process was transparent from the beginning to the end. Councilmember Skillicorn must be aware that these contracts contain proprietary information. SKILLICORN: Point of order. KALIVIANAKIS: -- after all -- SKILLICORN: Point of order, Madam Mayor. KALIVIANAKIS: -- he tells us he owns a business. MAYOR DICKEY: Hold on one second. Brenda? KALIVIANAKIS: Yes. MAYOR DICKEY: Or vice mayor. SKILLICORN: I'm curious of our ethics rules about using -- how you speak to about another councilmember in the chamber from the dais. MAYOR DICKEY: Well, she's responding to a criticism at call to the public, and I'm allowing that. SKILLICORN: It sounds awfully like she's making some accusations that do not uphold TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 26 of 81 the values of our ethics rules. MAYOR DICKEY: Okay. You almost done, Brenda? KALIVIANAKIS: Almost. MAYOR DICKEY: Could you keep it to that a little -- as much as you can so that you're defending yourself, but you're not -- KALIVIANAKIS: Sure. MAYOR DICKEY: Thank you. KALIVIANAKIS: Anyway, these documents that they didn't want in the public domain was understandably proprietary in nature between Sandor and Target. I just want to emphasize it was the contract documents attached to the email that the applicant wanted to keep private. It was not the email to me. That's the whole key here. They didn't care about the email. To me, it was the Target parking agreement. They didn't want their competitors and other people to see how they resolved these situations in Fountain Hills. It was a contract between two private companies that they wanted to keep secret. It wasn't the fact that they sent it to me because once again, I stated it publicly. So this is really unfortunate, but that's the explanation. This was done with transparency. They sent me the email. I did it on behalf of my constituents, most of which were the people that are in Reclaim Our Town. Thank you, Ms. Mayor. MAYOR DICKEY: Thank you. We'll move on to the consent agenda, please. Is there a motion? GRZYBOWSKI: Move to approve. MCMAHON: Second. MAYOR DICKEY: I have a motion and a second. Roll call, please. MENDENHALL: Councilmember Toth. TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 27 of 81 SKILLICORN: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Passes unanimously. MAYOR DICKEY: Thank you. Our first agenda item is item 9.A, resolution 2024-15, directing the town attorney to not oppose Maricopa County Superior Court action and properly communicate such non-opposition to the court. Aaron, would you like to introduce this item, please? ARNSON: Mayor, I'll keep the introduction brief. I refer the council to the staff summary that provides the background of this item. We just finished up an executive session that was set for 4:30, where I provided legal advice in a privileged setting and subject to that attorney-client privilege and I won't share that information here. As set forth in the staff report, staff recommends denial. I'm available for any questions. MAYOR DICKEY: Thank you. We will start with speaker cards. MENDENHALL: Mayor, yes, we do have speaker cards, but also in your electronic packet you have 38 comment cards, 37 against, and 1 for. And you do have one in writing that just wishes to comment in writing that they're against this action. Now, we do have several speaker cards. And so starting out first is Crystal Cavanaugh. And on deck is Kim Wolborsky. CAVANAUGH: Crystal Cavanaugh, Fountain Hills. According to the staff report, the town clerk discovered that ROT included an incorrect serial number on the back of every petition sheet. Just to clarify, Reclaim Our Town did not include this small number. It was already present, almost like a form number on the notary side, when we received TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 28 of 81 the hard copy petition on January 18th from the town clerk. We never said it was done maliciously or on purpose, but the coverup stories and misinformation that have been circulated have been concerning. And for the record, we never received a flash drive. All the front-page information on the petition was filed in by Reclaim Our Town. It was correct. And that is what was viewed by those who signed the single-page petitions. The back number did not impact anything at all. In fact, on tonight's executive session agenda and the regular agenda, two out of the three times the case number was listed, it was incorrect. One time it was missing an eight, the other time it was missing two zeros. But none of those numeric errors on the agenda will negate the discussion tonight. Mistakes do happen. With regards to the resolution, as the staff reports states, it was sent to you from a member of the republic. So let me go on the record now and say it was not Reclaim Our Town, as is the rumor. And it was not our attorney, who is Timothy La Sota. Clouding the people's understanding of this, the local Chamber of Commerce CEO sent out a very misleading email this week, misrepresenting the agenda item and reducing it down to the town is not defending their employees, and she called it an egregious ask. She opposes this resolution because the town must defend the employee, and then would you want to be employed by an organization that would not defend your actions? So she asked for people to show up and speak up. Not only is that not what this resolution states, this is an overreach of her position and an inappropriate activism on her part. I would hope this council recognizes that this resolution is about standing with the citizens of Fountain Hills. It is about recognizing that in a short time period, almost 20 percent of the registered voters signed petitions to get this on the November ballot and to have a say for a significant reason. As it is, the town has not actually even been defending thus far. They're listed in the lawsuit, but it appears that the developer's attorneys are the ones doing the talking and the writing of the motions or replies. From what I have seen as a direct participant in this lawsuit, the town is letting the developer call the shots. The people should have a say. It would be most beneficial to the community that you are representing to reverse your course and TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 29 of 81 take the side of the over 1,800-plus residents who simply want a voice in this rezone process in November. I am in support of the resolution, and the town should notify the court that they will not oppose the lawsuit, and they will keep counting and work for the people of Fountain Hills. Thank you. K. WOLBORSKY: Madam Mayor, council, staff. My name is Kim Wolborsky and I'm a resident of Fountain Hills. And as always, I'm incredibly grateful for that. Every day, even today here in the town council meeting. I'm speaking in favor of resolution 24-15 -- 2024-15 -- I got the numbers wrong, which directs the town attorney not to oppose the application for relief pending in the Maricopa County Court. If there's a legal issue that requires rewording of this resolution, I hope the council can get that done now so the resolution can be passed tonight. And I'd like to thank the councilmembers that put it on the agenda for tonight. I was one of the citizens who helped collect the signatures for these petitions. We were able to collect enough signatures to get these measures passed in an extremely short period of time, which strongly suggests that there's a lot of support for them among the town voters. This was the first time I've collected signatures like this, so I wasn't surprised by the folks who pass by or weren't interested. After all, until I retired that's often what I did. What surprised me was how many signers and also folks who couldn't sign because they're snowbirds and they don't vote in Fountain Hills, thanked me effusively for doing the work and how many started conversations -- sometimes I had to cut them off -- on how unhappy they were about the town -- how the town council passed the developer's requests through with almost no adjustments. Many didn't want any apartments in a solely commercial industrial area without access to parks or walkable restaurants. They were concerned about the safety of the residents and/or that apartments on our busiest and fastest street and next to noisy businesses would fail and be a blot on Shea Boulevard. Many, especially those who will have the building in the view from their homes, but many others as well, were really upset about the height and size of the building. Many were worried that we would lose our only large area for commercial, especially if other apartments fill the shopping center. Or that this TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 30 of 81 could lead to losing our industrial area, especially if eventually enough apartment dwellers complain about the noise from the businesses nearby. Many wanted the apartments to have enough parking, which they do not have. Others were still concerned about the size of the sign that's going to be in the Target parking lot, and so on. It would be a huge mistake for the town to disallow these measures based on a clerical error, when clearly the will of the voters is to have them on the ballot. Thank you. MENDENHALL: Next we have Barry Wolborsky, and on deck, Beth Culp. B. WOLBORSKY: Barry Wolborsky, resident of Fountain Hills. Frequent flier. I'm going to repeat what Crystal said when she started off, because it's important. The petition sheet is signed by the voters on the front side, which contained the correct petition number and description. The back side of the sheet is never seen by the petition signer. It is only used by the signature gatherer to have signed and stamped by a notary, stating that the gatherer did gather those signatures. In no way did the incorrect number on the back of the petition influence one voter ever. The council will vote on this issue tonight, and they will obscure the reality of the issue with pseudo-legal issues. Since the developer has spent no additional funds while awaiting the resolution of this issue, there would be no damages in a lawsuit. What I understand about lawsuits is no damages, no validity in the lawsuit. But there are two types of councilmembers before you tonight. Those who value and respect the voters who are their constituents and those that don't. Those who don't will give lengthy legal and emotional rationalizations for their negative vote. But there's another ballot coming this summer. That ballot is for the election of town councilmembers and the mayor, and by this summer, all the rationalizations will be forgotten. But rest assured, those on the council who voted to disrespect the voters and stifle their right to voice their opinions in an important town issue will be well remembered. CULP: Good evening. My name is Beth Culp, and I'm a resident of Fountain Hills. I can't believe that we're actually having this hearing. I can't believe that three members of this body agreed to put a resolution on the agenda that would direct the town attorney TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 31 of 81 to act unethically by failing to defend litigation in which the town, the mayor, and six councilmembers, and the town clerk are named as individual defendants. If the resolution passes and the litigation is not defended, a default judgment will be entered. The town, the councilmembers, the mayor, the town clerk will be deemed to have admitted every single one of the many false allegations in that complaint. ROT would then claim that it's entitled to the relief it is requested. The town clerk would be ordered to accept the signature sheets, which on their face, I'm sorry, do not comply with the requirements of the statute. The statute very clearly and pointedly says that the petition number must appear on the front page and on the back page. The correct petition number indisputably was not on the back page. And this council doesn't have the discretion to overlook that statutory requirement. The town clerk doesn't have the discretion to overlook that. So, if the town clerk were ordered to accept the faulty signature sheets, she would be essentially being ordered to do something that was illegal. This is not something that you can simply say, oh, everyone makes mistakes. This mistake was fatal to that petition to that referendum. You agreed to conduct your official affairs in such a manner as to give a clear impression that you cannot be improperly influenced in the performance of your official duties. You agreed to represent the official policies and positions of the town council. A majority of the elected representatives of this council voted in favor of the zoning change that allowed for the Four Peaks project to go forward. But rather than support this official decision, three of you appear to be poised to bend over backwards to support the efforts of a vocal minority. And make no mistake about it, they are a minority. And in terms of that, it's important to recall that when they were out getting signatures, one of the narratives that they employed -- and this is a quote. "The zoning change would lead to the active recruitment of poor people of color to live in the community." I urge you to reject this illegal act. Thank you. MENDENHALL: Next we have Matthew Corrigan and then on deck Betsy LaVoie. CORRIGAN: Mayor, councilmembers. Matthew Corrigan, resident, Fountain Hills. I TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 32 of 81 stand in support of 2024-15. On December 15th, 1791, our American founding fathers, with great wisdom and insight and foresight, ratified the amendments to the Constitution. Amendment 1 reads this way, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or of the people to peaceably assemble and to petition the government for a redress of grievances." In a very short amount of time, many concerned citizens willingly offered their free volunteer time and energy to circulate a petition and petition sheets in an effort to send the rezone decision, which had been decided by four councilmembers to a ballot referendum, so the voters of Fountain Hills could decide their future. Over 1,800 residents of Fountain Hills signed the petition sheets in order that their right to vote could be protected, and current zoning ordinances and to maintain ordinances which had protected the Town of Fountain Hills from very high-density housing in the past. Again a member of the of the public, not a slim majority of the town council, sent the town a draft resolution directing the town attorney not to oppose the lawsuit. The town attorney should not oppose the lawsuit and should inform the court of this. This allows the town clerk to continue her statutory review process and forward signatures to the county recorder for verification. Not only do people have the right to be heard to express their grievances by the petition process, but that process should be allowed to go forward. Our founding fathers believed this so strongly that they included this in the First Amendment to the Constitution. We should defend this right and not oppose it. Approve resolution Revolution -- sorry. Resolution 2024-15 and let the people have the right to decide this zoning future for our Town of Fountain Hills. It's that important. It's an issue which should stand on principle and the Constitution, not accusations, rumor, gossip, innuendo, insult at times. We're bigger than that, I think. I hope we are. Thank you. LAVOIE: Good evening, Betsy LaVoie, Fountain Hills resident. I stand before you tonight to express our strong opposition to the proposed resolution that would direct the town attorney to refrain from opposing the lawsuit filed by ROT against the town, the town TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 33 of 81 councilmembers, the town clerk, and the project developers. It is concerning that this resolution would essentially condone an attempt to circumvent established procedures and undermine the democratic process. The actions taken by ROT, including the circulation of petition sheets with incorrect serial numbers, are unacceptable and undermine the integrity of our local governance. The town clerk, in accordance with statutory mandates, acted appropriately. It is her duty to ensure the accuracy and validity of such petitions and her actions should be supported, not undermined. Allowing ROT to proceed with their lawsuit unchecked sets a dangerous precedent. It sends a message that political action committees can disregard rules and regulations without consequence. This not only erodes the public trust in our institutions, but also creates a breeding ground for further abuse of this system. Furthermore, by not opposing the lawsuit, the town would be neglecting its responsibility to uphold the decisions made by duly elected officials. The rezoning requests were approved by the town council after careful consideration and considerable public input. Allowing the lawsuit to proceed uncontested would undermine the authority of this council and diminish the significance of your decisions. I urge you to reject the proposed resolution and to stand firm to support the town clerk and the integrity of our local governance process. Let us uphold the rule of law and ensure that decisions made by our elected representatives are respected and upheld. Thank you. MENDENHALL: Next we have Tammy Bell and on deck, Chris Enos. BELL: Tammy Bell, a resident of Fountain Hills. Mayor, vice mayor, council, and staff, I am thankful to be able to express my opposition to this proposed resolution. As a resident, I value and desire the trustworthiness of our town attorney and our staff to defend the process and conduct their due diligence when situations like this surface. Of course, our residents have a right to be heard. The process of the referendum should not be allowed to proceed though if frustrated by errors. If found, all errors should be discovered transparently without deceit or hidden agendas. Denying this motion is of significant importance to uphold the integrity of our town staff and governance. A TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 34 of 81 substantial number of residents have been involved regarding both sides of this town matter. Our town staff must now be given the support and the opportunity to provide evidence and explanation to all of those concerned with this process and deemed it -- where she deemed referendum failure. As a resident, I want to be assured that my town attorney, the town staff, and elected officials are following proper procedures and act with complete accountability and transparency. It appears that those discrepancies on both sides -- both. Crystal stood here saying there were there were discrepancies and the town clerk has said so as well. I don't understand why we would deny them the right to defend that and to be able to show the evidence that they have. So I am asking and urging you to reject this resolution in order to defend staff and the process and allow them to display evidence for this local matter. Thank you. ENOS: That's a little closer to the front that time. Okay. Sorry to take up your time, but this is important. This is not a resolution for or against the original rezoning. Everybody of good sound mind and good reasoning can have different positions on that. That's fine. This is about representative government and this basically acknowledges that, yeah, you took an oath. An oath basically was to be a representative for the people of this town. Some of you I had conversations with in the past about this. And in this case you have legal arguments; legal arguments can be made. You don't have to make those arguments to say that the town is not going to be in a position to take a position on those legal arguments. Sandor has its attorneys. They got a lot of attorneys, well-paid ones. I've met some of them. And I can tell you, you are the only thing the people have. They don't have high-paid attorneys. They have you. And 1,800 people have indicated a voice that they want to say in what happens in this particular proposition. So again, you may be for it and just acknowledge, okay, we acknowledge the fact that 1,800 people really want to have a say in this, and we want to acknowledge that as well. Don't capitulate to the detriment of the town. That's not about -- that's not what this is about. Rather, empower your town attorney to seek a resolution, a settlement. And in TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 35 of 81 that settlement, he can protect the interests of the town employees, all of whom -- you're all good employees, by the way. I like every one of you. The town can be protected. And at the same time, you can allow the court to decide -- after Sandor makes its arguments, the court to decide versus the plaintiff's attorney whether or not all those legalistic arguments about numbers and back or front have merit. It's just your position that you're saying, we recognize 1,800 people have a right to have a say in this matter. We, as council people, have a duty to represent those people's interests much as a lawyer represents a client. And you, as the representative of the people then are merely saying, hey, court, do whatever you're going to do on this matter, but we're not going to have a say in it, we're not going to defend on it. Subject to receiving adequate assurances of protection for every member of this council, every employee of the town, and the town itself. That's what this resolution does. It doesn't take a position on the proposal. It allows the people -- may or may not after the lawsuit is complete, possibly then to have a say in their own town. That's what you're here to do. You're here to protect the interests of the people. I respectfully submit that's all this resolution does. MENDENHALL: And we have one final speaker and that's Ed Stizza. STIZZA: Good evening again. We got a big question. Why don't we back this all up to when this all first started? And I'd like to know why the people that voted for this project want this so badly. Okay. Whether it's our Chamber, the people up there that voted for it, there's something to be said about that. There's also something to be said about -- I watched the process of the signatures getting signed, and I know for a fact that there are several people in this room that tried to stop it. And for you guys to just circumvent this and not listen to the voice of the public on this project, which has its problems. None of you that voted yes listened to P&Z. They were way more knowledgeable on this and gave you all the information that you needed, and you pushed it through and you pushed it through fast. So you wonder why the public that has some common sense actually is questioning that. Why don't you answer those questions? Back up a little bit. But you should certainly allow the public to be able to TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 36 of 81 make this decision because this has gone that far and it's your own fault. So somebody tell me why this project is so important to Fountain Hills. Answer that. Thank you. MAYOR DICKEY: Thank you. I think we're done with the public comment aspect. So the council is free to discuss. Anybody want to start? Councilman? SKILLICORN: Thank you, Madam Mayor. And I just want to make a note just so people know the kind of order of sequence and how things happened. About a month ago, a constituent reached out, had this idea, this resolution to potentially stand down. And I did request to put it on the agenda. I do look at this as a situation that I think a judge is going to decide no matter what. Developers are going to get involved, and they have plenty of experience suing and being in court. And attorneys are expensive and rather I'd rather not have the town be involved in the legal mess of this. The ideas of us paying for our attorney to defend this is expensive. That money could be used elsewhere. We've got a very large backlog for roads. Why go ahead with this when the developer is going to pay for themselves? And that's the reason I kind of pushed for this. And I think it's going to be decided in court anyways, with or without our involvement. The facts are going to come out, the judge is going to decide, and either way. And I don't know why we have to be that involved in it. And frankly, the people that signed that petition, circulated that petition, they're my constituents too. So not only did one of my constituents come to me and ask me to put this resolution on the agenda, my constituents are also part of the process. And I think that's a pretty darn good reason. And frankly, I represent the people. I do not represent the developers. FRIEDEL: Thank you, Mayor. When I first heard about this resolution, I thought it was a good idea to have a discussion on it and to give some direction to maybe seek a different resolution with this. So I'm in favor of the resolution. I'm in favor of the 1,800- plus residents of this town that voiced their interest in having this go to a vote. I don't think it's throwing any town employees under the bus for us to seek some sort of resolution with this lawsuit and to have the town -- I have full faith and credibility with Linda Mendenhall and everybody sitting up here. So this isn't a slam to anybody. It's TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 37 of 81 not disparaging anybody. But I think -- and it's not a partisan thing. There are a lot of people that I know that were on the other side of where I stand that signed this petition for this thing. I wasn't involved with it. I haven't had any conversations with it, but I'm in favor of the resolution because I think it's something that we should explore and see if there's a better, a better way to handle this. So that's all I have to say. Thank you, Mayor. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. I'm kind of surprised this one made the agenda, too. You know I'm a lawyer, I think everyone knows that. This country just affords people process -- due process. That's what it affords. It doesn't guarantee outcome. It doesn't even guarantee justice. If you're going to court, don't look for justice, right, Chris? Because a lot of times you won't find it there. There is a process for handling this. We don't live in a country that has a direct democracy, and that the constituents vote for every issue. We have a process that you vote for your representatives, you give them suggestions, and they have a lot of information that they use to do what they want, what they deem in the best interest for the town. In this case, the Target Center revitalization project, to revitalize that section of town is, I think, critically important to the future of Fountain Hills. Which is -- that's why I voted for it. That being said, this kind of comes up every four years with the Electoral College too, by the way. Is it fair for a presidential election to come down to who got the more votes or who won the Electoral College? It's kind of the same principle. There are laws here. The laws direct that we shall be represented by council. Now, I've got the lawsuit here on my little phone. And if you want to break it down to its very basics, it's Reclaim Our Town versus Jenny, Brenda, Allen, Peggy, Hannah, Blue, Gerry, and Rachael, and Linda, of course. Don't forget Linda. That's what it comes down to. It's people. We're being sued because we represent the town. And I'll tell you one thing. I don't want to lay down my lawyer and say, you know what? Take a break and we'll just take our chances out there. It's a process. He'll represent the town. Sandor will represent Sandor. Our interests don't always align. And that's kind of the way I look at it. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 38 of 81 Now, interestingly enough, on the resolution, it says "Will be frustrated due to what may have been an inadvertent clerical error." Like, come on, it's no big deal. It's just a little clerical error. Let's go back. That's ridiculous. Okay. To say that we're not going to get voted into office because we're respecting the law is ridiculous. It's just like the guy that came up here and said, if you issue me a speeding ticket, I'm not going to vote for you. I think that's what he said. We just follow the law here, regardless of the consequences. Now, this argument about inadvertent clerical errors, this harkens back to a couple of months ago, when Frank Quinn and Fountain Hills Roasters had four applications for signs that he wanted to build around Fountain Hills. And he got two of the signs in on time. And then his clerical -- his manager took ill, had to be rushed to the hospital, and they didn't get the other two filed. And so he came to me and I went to the mayor, and we put that on the agenda. And I asked for a hardship exception. I said he was going to file those, but there's a hardship exception because she took ill. So can we go ahead and process those two applications, of which this council said, no, we don't make exceptions. We follow the rules. You guys were really clear on that. One of the speakers was the chairman of ROT that very same night, interestingly enough. She described the process that went through planning and zoning and went to council. And she looked at me and she said she didn't like the exception rule of me letting Frank fill out his two signs. She said, if you start giving exceptions like this, where does it end? Who gets special treatment? Who does not? This is directly quoted from the transcript of that town council meeting. What's the criteria to get special exemption? How many days after the deadline is acceptable? Is it two days past the deadline or a month? This isn't some archaic, out-of-date ordinance on the books that hasn't been looked at in years. It was just passed in October, November. Kind of like here. Would you allow me to put up a beautiful electronic orange and blue flashing Reclaim Our Town sign if I now requested it after the expiration date? I think you get my point, Crystal said. This is a salient point here. She said we have ordinances to provide consistent guidelines to follow regarding what is acceptable here in Fountain TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 39 of 81 Hills and what is not. This is nothing personal here against these two applicants, but they're past the deadline. Sorry. Okay. So we're going to follow the process to the end, which means we're going to get defended by our town attorney. It'll go to the court. They're looking at it right now as far as who made the mistake. They'll make a determination and we'll go from there. But as far as taking leniency on an inadvertent clerical error, I think that ship has sailed. Thank you. MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor, I just have a quick question. Are we going to continue just calling out residents and constituents like this? Is this a new policy of ours to call residents by name and mock them and attack them? MAYOR DICKEY: I don't think anybody is being mocked. You feel mocked being quoted? I'm sorry. I don't want to -- I'm not going to do that. I'm not going to do this. But no, I think we're trying to defend something. We've heard a lot of things being flung our way, and I think that we have the ability to respond to them. SKILLICORN: Madam Mayor, I think the point is that -- MAYOR DICKEY: And this is not the first time this has happened either. SKILLICORN: Madam Mayor, I don't think this has anything to do with the person that was called out in the audience, though. This is a different constituent asked to have this. I don't see even the connection. It's illogical to bring it into it because there isn't a connection there. MAYOR DICKEY: There's a connection and I allowed it. SKILLICORN: Are you insinuating that there's a connection, Mayor? MAYOR DICKEY: Excuse me. Who's next? MCMAHON: I will. MAYOR DICKEY: Councilwoman? MCMAHON: Thank you. I'm listening to what everybody said, and the essence of this is a strict compliance to state statute by the circulators of the petition and by our town clerk. The fact of the matter is, is we are being sued. Linda's named in the lawsuit, I'm TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 40 of 81 named in the lawsuit, and all fellow councilmembers are. Who doesn't think when you're sued, what is your first thought? To defend yourself? It's a fundamental right. Even the criminally accused, have a fundamental right to legal counsel, to present their case and defend themselves. Our code even recognizes this right and the need for the town and the town council to have legal counsel in defense of lawsuits brought against them. Under our ordinance 31-2, the town attorney shall ensure. The town is represented by legal counsel in the prosecution or the defense of all suits, actions, or causes where the town is a party. If the three councilmembers who put this on the agenda choose to not be represented, that's their choice. I choose to be represented and defend myself. To not provide a legal defense for the town, to me, would expose the town to undue financial risk and send a strong message to our staff that we do not as a governing body, support them or protect their actions as town employees in a lawsuit as mandated by our own ordinance. And to direct our town attorney to not defend us in this action, to me will be breaking that law. This is an unfortunate lawsuit that needs to be fully adjudicated. The facts heard in a court of law, not by a default judgment, for lack of just merely not defending the lawsuit. We are a party to the lawsuit and like you, I have a right to defense and I choose that. And I think it's unethical and inappropriate for us to consider otherwise. Thank you. MAYOR DICKEY: Anything else? Councilwoman? GRZYBOWSKI: I had a couple people come to me and ask me if I would ask Councilman Skillicorn to recuse himself today. And while I appreciate the question coming to me, I had an opportunity to talk with our town attorney, and we don't see it as a recuseable situation. It may have the appearance of a conflict of interest because he requested that this come before us, and his attorney is the same as the attorney that is representing the people that are suing the town. I just felt the need to get that out there, because I actually haven't even contacted the people that asked me to ask him to recuse himself. So it's not going to happen. I will not be asking him to do it, but I did TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 41 of 81 want to acknowledge that it does give the appearance of a conflict of interest. That being said, it makes zero sense to me why we would not want to defend ourselves. We are named individually. We are named as a town. We conducted an in-house investigation. We need to support ourselves and our staff, and I'm pretty sure my personal attorney is watching right now. It just makes zero sense why I wouldn't want to -- why we wouldn't want to defend ourselves. And I appreciate everybody coming and speaking tonight and the public comment cards that came in. But I will definitely be -- I'm actually ready to make a motion to deny. MCMAHON: Second. MAYOR DICKEY: We have a motion and a second, but we can continue discussion if you'd like. I'd like to say a couple things. Some of the stuff that we heard from the folks that were speaking about representing the people, we do represent the people but the people don't agree all the time with each other. I have a feeling that there are a lot of people who support the development and are upset about empty storefronts and would be in favor of a $67 million investment into our town that would also probably revitalize some extra businesses and also supply some very badly needed housing. I feel like I had plenty of information to make a reasoned decision at that time. I watched planning and zoning. I heard everybody come up and speak one way or the other here. I did meet with the developers, as we all did, or I believe almost all of us did right here in town hall, all open, and made that decision that I thought this was a good project. In the past I've made decisions not to support projects, but I did this one and it passed four to three. So I know we're trying to keep that part out of it, what it's about. But I also felt the need to respond to being that we don't represent the people because the people have different opinion about this. And the people elected all of us to make decisions when times like this come. And that's the way that decision came down. This right now, though, and I'm going to ask maybe Aaron -- does the state require the correct serial number on both sides of a referendum petition? Because a referendum petition is trying to reverse legal action that an elected body took. So it does have a lot TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 42 of 81 more scrutiny on it. Is that something that is irrefutable? ARNSON: Mayor and council, yes. MAYOR DICKEY: So that both sides of the petition, whether we feel that's important or not, that's a requirement. Does the state require any clerk or anybody that's in charge of the petitions, to void petitions that do not have the correct serial number on both sides? ARNSON: Mayor and council, yes. MAYOR DICKEY: So that's like the little minor or the little narrow part that has nothing to do with the apartments. And that's what we're being asked to tell our clerk to send those petitions to the state or the recorder -- I can't remember which. GOODWIN: Secretary of State. MAYOR DICKEY: Secretary of State. With the -- and again, the petitions are available, and they have one number on one side and a variety of two numbers on some of the back sides. So that's irrefutable that those petitions do not conform that way. Why would we ask anybody to forward those to the state when we know that they need to be forwarded? We will not ask -- I will not ask a staff or ourselves to ignore the state statute. Clearly, this isn't about protection of free speech. Those 1,800 people absolutely had the right to want to have a say in this, but there was clearly an error. Now, who made the error? There was clearly an error. So the result of that error is that those petitions needed to be voided. And now what we're going through is a decision to say we're going to send them anyway? I mean, it's just not something I'm willing to do. And I think that, again, some of some of the -- I've been on the other side of this with petitions that were statewide. So it's probably thousands of signatures and they were thrown out because it was stapled wrong. It was upside down on the back or whatever. The legislature wrote it that way on purpose and made it very, very difficult. And the signatures can't go under the line and the date can't just say 2024 and you can't put FH for Fountain Hills. It's very annoying, but it's the way it is. And I'm not going to stand by and allow this undefined clerical error because it doesn't -- and to try to say that we won't go forward and defend that, there's no way I'm doing that. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 43 of 81 So does anybody have any other comments? Yes, Hannah. TOTH: I'll keep it short and sweet. I did want to say that when our public -- and I don't mean to put words in the mouth of the public, please forgive me. But when you do come and speak about representing the people and the voice of the people, I think part of that, Mayor, is that all of the people, for or against, would have had the opportunity to vote on that referendum, and if it were to make it on the ballot, which is a big if. No matter what happens with this resolution tonight, that lawsuit still gets decided as stated by a member of the public. Again, if it were to make it on the ballot, everyone gets to vote on that. So that is the representation of everyone. I'll also remind the vice mayor that I did vote with her on the signs to make the exception. So I guess I'm staying consistent tonight. FRIEDEL: Mayor, just one more comment. I think it's been said here by doing this resolution that we don't support the town staff. That couldn't be further from the truth. This will be adjudicated. We aren't asking for a dismissal, and it's not unethical for us to ask for some sort of other resolution. That's not unethical. That's called negotiations. For a town that's always so concerned and worried about lawsuits, like with the sober home and detox and other things that we've gone through, it's amazing to me that we don't look for a resolution on this that would step us out of this lawsuit and still protect our town staff and council. There's ways to do that, and again, it's called negotiation. So we're so concerned about lawsuits in this town. Every time we turn around, we don't want to be sued, we don't want to be sued. I think it's important that we look for ways to get out of lawsuits. I don't disagree with that. So anyway, that's all I have to say. MAYOR DICKEY: Thank you. I guess I have to just -- I just don't understand how asking her to send petitions that we know are void to the Secretary of State is supporting, and you don't have to answer, but I just don't. I do see it as not supporting our staff. MCMAHON: Madam Mayor? MAYOR DICKEY: Councilwoman. MCMAHON: Also, again, this is a strict compliance statute. It needs to be adjudicated in a court of law. The judge has to decide it. I don't even know -- I don't even know for TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 44 of 81 sure if it can even be settled. It's a strict compliance statute. It's before the court. And I do see it as not supporting our staff, among other things. MAYOR DICKEY: We have a motion and a second. Are we ready to vote? Roll call, please. And the motion is to deny. MENDENHALL: Councilmember Friedel? FRIEDEL: Nay. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No to deny. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Nay. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you very much. MENDENHALL: It passes three to four. MAYOR DICKEY: Yes. Three to four. MENDENHALL: Four to three. MAYOR DICKEY: Okay. Thank you very much. Move on to our next item, which is a subdivision item regarding hillside protection and fire safety. Rachael? GOODWIN: Just a quick introduction. John's going to walk us through this one, but this is a result of the request of Councilmember Friedel, I believe. You brought this forward a while back, so this is the culmination of those efforts. WESLEY: Good evening, Mayor, and council. As the town manager said this is an item the town council asked staff to look into with regard to helping protect properties under construction from fire dangers, as well as to look at developed areas that may be TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 45 of 81 impacted because of hillside protection requirements and overgrowth that could occur in those areas that could result in an increased fire danger. We held two meetings with an ad hoc committee to consider some changes to our codes to address those issues, and the committee supports these changes as they are being presented this evening. What's being proposed is that we amend section 5.04 B1 of our subdivision ordinance that provides some exemptions to hillside protection requirements by adding a new D. And I won't read the full language there, but basically it provides for an additional ten- foot buffer outside the required nondisturbance area. So that developer, if they choose to and feels there's a need, can clear a little extra area of any of the potential fire hazards so that it reduces that danger within that area nearest where the construction activities are occurring. GRZYBOWSKI: Would you like us to ask questions as we go along? MAYOR DICKEY: Sure. GRZYBOWSKI: Okay. Good. Because that way I don't forget. So they're accommodating me. So we're asking them to clear the vegetation and then revegetate. I completely understand why we're asking them to clear the vegetation, but I feel like then insisting that they now go back and put plants in, these are things that are already native. They're going to automatically come back in anyway the way the wind blows. Why are we insisting that they go back and replant? WESLEY: Mayor, Councilmember, that amount of replanting would depend a lot upon the specific situation, how much overgrowth it really was, and how much clearing they feel like they need to do. So it's not necessarily a one for one revegetation that would occur, but something that would bring it back to just the basic standard that we'd see in the desert in that area. MCMAHON: We have fire concerns. So replanting vegetation in an area that we've just had them remove it, there's still going to be the same fire concerns. WESLEY: Mayor, Councilmember, the fire concerns are a little bit heightened during construction because of some of the work that occurs, particularly the hot work or the cutting of the metals and so forth, as they're building retaining walls. Those are TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 46 of 81 occurring right on the edge of that clear desert or nonclear desert, whereas, after the house is built, most of those activities aren't really right there at that edge anymore. GRZYBOWSKI: Okay. I'm just not a fan of asking them to remove it and then going back and asking them to put it back in. I just feel like we're adding expense and time and fire issues. MAYOR DICKEY: I think some members of the committee want to answer. Gerry? FRIEDEL: So it's not just that. It's taking out a lot of the dead stuff that's already there that's a fire hazard. So like John said, it won't be one for one. But what it does is it removes the liability of grinding and iron work and that kind of thing of starting an additional fire up there in rough terrain where we can't always get access to get equipment and vehicles in there. But there's a lot of dead material that has to be removed that is a fire hazard right now. Is that right, John? WESLEY: That's correct. FRIEDEL: Yeah. So again, when they get done then with the project, they revegetate and some of it will be a little bit more fire-resistant type of planning that goes in there. MAYOR DICKEY: Thank you. MCMAHON: Also the builders who are part of the committee, they suggested this. They wanted this to occur in the manner that it did so that there would be revegetation for their own reasons. And like Gerry said, it's mainly to get rid of the undergrowth that builds up. But again, on behalf of their homeowners association and the developers, they wanted it to be revegetated after it was removed. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. And specifically the vegetation, the invasive nonnative buffalo grass is what's flammable. So when that's taken down, that's what gives -- that what helps prevent the fire hazard, really. The native species are not as flammable as the invasive stuff. So even though I do get the idea, like, why would we plant stuff that could burn again, sagebrush, some of the other things, I don't know if I see them realistically planting a lot there, but just eliminating the buffalo grass is important. Now, if we're really thinking about maintaining the hillsides, having TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 47 of 81 sagebrush grow there instead of buffalo grass would be beneficial. And then if the sagebrush is actually growing, the grass seed wouldn't have, as open dirt basically, to grab on to. But really that's the important part is the invasive, very flammable buffalo grass to get rid of. And it makes a lot of sense to get rid of it. MAYOR DICKEY: Councilwoman? Vice mayor? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I like this, Gerry. And I think this is good public policy. Is there a way that we could do a carve-out, though, for existing plants that are indigenous, that are alive, that we don't have to take those down, but just the dead vegetation? Would that be something that you could live with? WESLEY: Can you repeat that? KALIVIANAKIS: Well, if there's something kind of to what Sharron was saying. If there's live vegetation, do we have to remove that? If that we're going to use that for the landscaping? FRIEDEL: They're not going to be out there clear cutting the desert. KALIVIANAKIS: Okay. FRIEDEL: No, that's not the intent of this. The intent is just to get rid of the flammables, especially around the areas where they're putting up a fence and they're grinding and welding and that kind of thing. And then, they'll go back in and do their landscaping as appropriate. And again, this will be monitored by most of the HOAs as well. KALIVIANAKIS: So that would avoid like saguaros and -- FRIEDEL: Yeah. Oh, yeah. KALIVIANAKIS: -- all that kind of thing? FRIEDEL: Yeah. Oh, yeah. KALIVIANAKIS: Okay. FRIEDEL: You can't touch those anyway. Those are -- KALIVIANAKIS: Of course. FRIEDEL: -- are protected by the state. KALIVIANAKIS: I just used that as an example. But yeah, that makes sense. WESLEY: Okay. Mayor, so the other change that we are proposing is a little bit further TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 48 of 81 down in the ordinance with regard to just the rest of the community that are covered by the hillside protection easements and after construction. Over a period of time, those areas can get overgrown, can get an accumulation of dead materials, and so forth, where some fire dangers could occur. So we're proposing to add some language a new section H that gives the fire marshal the opportunity to work with the homeowner that has a hillside protection easement in place to look at any fire dangers that have accumulated around their property and allow some selective clearing on that property up to 100 feet from the structure. And then, get it to a state where it won't have quite the same level of danger. This doesn't, again, allow for clear cutting. It's very selective. And help reduce that risk in the area. One of the concerns was brought up in the desert uplands areas as more houses get built, it becomes more concerning. If a fire does occur in the area, there's more property that can be damaged. So we want to take this extra step to try to balance the desire to keep a good native desert look to the community, but still protect homes as they get built. MAYOR DICKEY: I just see a typo in there, "violation" in the last line. WESLEY: Okay. Thank you. I see that now. MAYOR DICKEY: Thanks. WESLEY: And I believe that's it. MAYOR DICKEY: Thank you very much. Yes. So I don't know if you want to kind of point out that there was a nice committee there. And Gerry, do you want to kind of take a little bit? FRIEDEL: Yeah. John was on the committee, myself, Peggy. Who else from town staff? There were a couple. Paula Woodward, John Wesley, Peggy McMahon, David Janover, David Ott, Mike Winters, Rachael, Jerry, Peter, Brent, Michael Gant was in and out on a couple of the meetings, Steve Argo, and Dennis Brown, and Jack Wigley. So we had a good smattering of people from all over the town and people that are involved with this. And again, it'll be under the fire marshal, his recommendation too. So also with this, let me explain one other thing real quick. And then I'll make a motion to adopt this. MAYOR DICKEY: I have to see if we have any cards. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 49 of 81 FRIEDEL: Yes. Okay. So let me add one other thing too. So some of these properties have got trees that are a little bit further out that are dead. Again, the fire marshal is going to recommend if those trees are a hazard or a real fire hazard, he'll recommend that they be removed, which is a new thing for this ordinance as well. MAYOR DICKEY: Do we have any speaker cards for this item? MENDENHALL: Mayor, we do not. But we do have one written comment for you in your packet and they are for this item. GRZYBOWSKI: The only question I have as a prior insurance person is have we contacted -- we have a major insurance carrier that's based out of Phoenix. Have we talked to anybody from there to see if this is actually going to help with the insurance rates and with the cancellation problem that we have? WESLEY: Mayor and Councilmember, staff is not directly -- FRIEDEL: I can address part of that. I did reach out to our state representatives because we had heard from a number of residents that the State of Arizona had been declared a fire zone of some sort. They did some research on it and they couldn't find any truth to that. So as far as that goes there was one major insurance carrier that did leave the State, I think it was Chubb, for whatever reason. Not sure if that was related to this or not. But we're having this ordinance on the books, people can go to their insurance company and say, hey, we've taken steps in this town to minimize the effects of fire within a certain perimeter of our properties. So I think that'll be a big benefit. So again, we'll keep checking with our state reps to see if they find out anything about that declaration that was made. Because we heard that some people's insurance premiums had gone up 40, 60, 80 percent, so we want to try and minimize that for every resident in the town because generally speaking, their biggest asset is their property. So we want to do what we can to A, protect it and B, make sure they can get insurance for it. With that, I'll move to adopt ordinance 24-09. TOTH: Second. SKILLICORN: Second. MAYOR DICKEY: Councilmember Skillicorn, did you have any other comment? Your TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 50 of 81 light was on. I finally paid attention. SKILLICORN: I tend to agree with the other councilmember to second it. MAYOR DICKEY: Okay. Thank you. Roll call, please. MENDENHALL: First I need to know who won the second? Okay. All right. Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Passes unanimously. MAYOR DICKEY: Thank you and the committee for all your work. Now, I told you to do the vote count and then I keep cutting you off. But that was unanimous, so we got that one down. Our next item is wayfinding signs. Rachael? GOODWIN: Mayor and council, this item, the wayfinding signs, has been a very long process. Some of you were on the council when it was introduced. Some of you may be less familiar with it. So I think Justin is going to review it. But we also have Amanda here tonight. Obviously, signage and directing folks into our town and to our highlighted areas is a big discussion piece. So I know Justin has really spearheaded a lot of this, but Amanda is here to talk from the economic side if needed. With that, Justin, take us away. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 51 of 81 WELDY: Madam Mayor, councilmembers, thank you for the opportunity. This process started in earnest in 2017. At that time, the town secured the services of a vendor that prepared a set of plans. The preparation of those plans included meetings with staff, open house, several visits to the council for their approval on the process, eventually it came to fruition. At that time uncertainty in regards to the economy, the project was put aside. Staff was asked some years later to bring it back, and we did so. As part of that, we were asked to place it out and get some bids for the plans that we had received. We followed that direction and did so. On average, they were around $300,000 apiece; this was in 2021. At that time, again, it was decided due to uncertainty in the economy that the project would be deferred. Once again, we entered back into the fray. This time while we were taking a look at it, we noted that the original design is really based off of California standards. In that particular case, the architect or designer prepares all the necessary documents and the concepts, but the onus for all the engineering, wind loading, and everything else is placed on the contractor that bids on it. Having discussion with the town management, we decided the best thing to do was come back to the council, ask for some funding, and have an engineering firm and a fabrication firm work on it and bring it to fruition. So now we have a complete set of documents that includes all the necessary engineering, and also includes the concepts that were originally approved with a minimal amount of changes. With that, we'll get started with our little PowerPoint. Please feel free as we're moving through here to stop and ask questions so we can do the best we can to answer any of them that you may have. There are primarily three types of signs, the large ones known as the V10s, which are the vehicle directional primary. These are the types of signs that would go out on Shea. The V12s, which are the secondary, this would be Fountain Hills Boulevard, Saguaro, Palisades, those area. And lastly the V15s, these are the smaller signs that would be placed on the minor collectors, major collectors, and local streets leading to one location or another. This is the V10. These are the ones that would be out on Shea. A TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 52 of 81 lot of information on this slide in regards to the height. Please note that the original plans included material sizes that were not typical of the industry and required specialty sizing. When we went back and looked at it, we opted to choose readily available off- the-shelf sizes for the sheathing. The front sheathing on this would obviously be aluminum. And the back on it was originally called for weathered steel. In this particular case, there is an option between weathered steel and/or properly applied powder coating or painting, and you would have the same effect. However, the signs would not be rusty, they would just would appear to be. MAYOR DICKEY: Justin. The one before this had numbers underneath. Are those the number of signs you think that we need of each type? WELDY: Madam Mayor, in fact, the plan that we're showing you tonight calls for 7 of the V10's, 16 of the V12, and 17 of the V15. These are the V12 signs, just slightly smaller, but not much. These types of signs, again, would be on Palisades, Fountain Hills Boulevard, and Saguaro. A lot of information here. FRIEDEL: Justin, will you go over those numbers one more time? How many we need of each. WELDY: Councilmember, I certainly will. We have 7 of the very large ones, 16 of the large, but not as large, and 17 of the smaller ones. MAYOR DICKEY: Do you know how many wayfinding signs we have now? Like around? WELDY: At this time, Madam Mayor, we have very few of the remaining brown ones. As they become damaged over the years, we've simply removed them. I don't have a total count of that at this time. I can tell you that two of the three signs, the big blue and white ones out on Shea, still remain. However, the third one was struck and at a cost of a couple of thousand dollars to have it repaired it was decided, above my pay grade, that wasn't a good plan at this time. MAYOR DICKEY: Go ahead. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Yeah. Since we're kind of jumping ahead with questions, I just had a quick one for you. I told you I just went to the east coast for a week, and I spent half my time looking at public restrooms and wayfinding signs TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 53 of 81 because I knew we were going to be addressing this tonight. The color palette -- I know you're using that, is that going to be subject to change? WELDY: Madam mayor, Madam Vice Mayor, in fact, it is. So this was the color originally chosen by the elected body at that time and then revisited and agreed to again at that time. So that's why we're here tonight. We want to get your opinion not only on the color, but the location and the format. And then there's some other questions in the very end related to the town center signs and because of rebranding that is now known as the downtown. So we'll get some direction on that as well. I think it's important to note that any substantial change beyond what we have right here will require an amendment to the contract. And then we'll come back to council for the design changes. And again, I use substantial. Just changing the colors right now are not that challenging. But any major changes are certainly going to require additional funding. These are the V15. These are the types that you would see approaching your destination. El Lago, La Montana, Parkview, Avenue of the Fountains. Any questions related to this one? This is the destination list. So these are where these signs are directing people to the location. And these are listed in one form or another on these signs, depending on their location. And I think it's important to note that the We-ko-pa Resort was an ask by the then-president of the Fort McDowell Yavapai Nation, and two councils agreed to add them because they're our partners and our neighbors. MAYOR DICKEY: I just have a question about that, though. It seems to be, I think the only thing that's named by, like, brand name or whatever you want to call it. Because you have golf course, we don't have Desert Canyon or whatever. So I wonder to be consistent if we put -- if there's a way to put resort casino or something like that? Especially -- and part of the discussion a long time ago had to do with if something changed their name or they changed owners or something, and we ended up with a sign up that said whatever. I don't want to make something up, little cupcake shop or something. And then they turned it into a different name. So I wondered about just saying resort casino, golf course or something like that, rather than the actual name. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 54 of 81 WELDY: Madam Mayor, if we can get a majority to agree on something similar to that, we can certainly -- is that what you would like to see? Is resort casino? So the resort in this particular context represents another resort off of Palisades and Eagle Ridge Drive. The We-ko-pa is separate. So the We-ko-pa resort, we can certainly work that language. What would you like to see? SKILLICORN: Madam Mayor, I understand the argument about the brand name. But I also think we have a brand and image too, and I don't know if I want casino on our signs. MAYOR DICKEY: So were you just saying that this is not for the casino, this is for something else or just the resort? WELDY: The We-ko-pa Resort is, in fact, a resort we did not use -- the previous councils did not select casino. Instead, they focused on the fact that it was a resort. MAYOR DICKEY: So the one right before it just says resort? WELDY: That is a nearby one that would point you directly west on Eagle Ridge Drive to a destination. FRIEDEL: I understand the concern, but I think they're a big, valuable partner, I think to the town. I don't have a problem with it saying resort casino? Probably not. But I wonder if they do change the name at some point in time -- who knows -- and they want to continue to have that presence. We ask them to pay for the remake. I don't see them changing the name, but I think they're a valuable partner to the town. Unless I'm missing something. Anybody else have any thoughts on that? MAYOR DICKEY: Councilwoman? TOTH: Thank you, Mayor. I agree they're a very valuable partner to the town. If that's the one request of our neighbors, I'd like to stick with that. I mean, we weren't given a laundry list for these, so I'm happy to accommodate one request. When it comes to the name change, I mean, obviously, no one knows what the future holds. I could turn around and eat these words, but my inclination would be that, given that they were voted, I believe, the number one golf course in Arizona, they have that name recognition. They're a very large, successful resort. My inclination would be that we don't probably have to worry about a name change. That would be a large change to TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 55 of 81 the brand, and I don't see that as something in the near future. I mean, assuming no catastrophes, I suppose. MAYOR DICKEY: I think part of it was just to be consistent. So you know, and I'm just remembering the conversation and it was like, yeah, because I think it might have been about the Holiday Inn at the time. And why didn't we put Holiday Inn instead of just hotel or something like that? But I'm fine with it then. I just didn't want to -- and it probably doesn't happen in this case because that's a whole different area with a golf resort, casino, the whole thing. But I don't want to ever look like we've doing an advertisement for one particular golf course over another or something like that, so. But it's up to you guys. Vice mayor? KALIVIANAKIS: Yeah. Thank you, Ms. Mayor. Yeah. I think that's responsible and resort casino, in deference to Allen, I appreciate your concern about having casino on our signage, but I think I concur with Gerry. I think resort casino would be something I could live with, and it would avoid the inconsistency problem that the mayor pointed out. WELDY: Anything else regarding this list? GRZYBOWSKI: I just feel like we kind of have a split thing going on. I can see going either direction. If we get down to it, we're probably talking two signs that say We-ko- pa? WELDY: Madam Mayor, Councilmember, I'll definitely have to take a look. There's a set of construction documents attached to the staff report that actually shows in more detail where each of them will go and the text that was selected on them. But I did not print that because it's a little bit large. GRZYBOWSKI: And the font is tiny. I could totally see going either direction. I wholeheartedly support not mentioning one business over another. I totally get that concept. As a business owner, I'd be kind of upset if I had a resort and you were mentioning those guys and you didn't mention me. But we do have a good tie-in. So now I've talked both sides of the fence, which I know, Mayor, you hate when I do. But I honestly, I feel like we do kind of need to get rid of the name and whether we put resort and golf course or however we want to phrase it. Or Fort McDowell, maybe? And that TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 56 of 81 way they know that they're actually leaving Fountain Hills, maybe. MAYOR DICKEY: Councilwoman? MCMAHON: Who made the ask for the name and also thinking about our tourist agreement with them and business relationship with them, isn't it a little bit more formal? MAYOR DICKEY: You mean like the Prop 200 stuff? MCMAHON: Well, no. I mean, like, it seems based on things that have happened over the years, I think I've heard that we have, like, a tourist and an agreement -- Amanda maybe can address this, please. And I just would like to know how formal that agreement is and if we would be harming that in any way by not putting the actual name of the resort. JACOBS: Madam Mayor, councilmember. You've heard me use the term -- we are designated as the designated marketing organization for the town. We do not have a specific agreement with We-ko-pa, but just professionally speaking. Hearing again, Councilmember Grzybowski saying it seems kind of split. My recommendation would to leave the name out. In my experience, hotels can change their name a lot or they can add to it because management teams change. I usually don't like to call hotels by name, but there's a hotel in our downtown where some people call it a certain name, and I've only been here two years and I'm like, what are you talking about? So it does happen. I use that as an example, so I would highly recommend -- my professional opinion is to keep it resort. Because again we have a Adero resort. Should we add Adero? Is Adero potentially going to change their name? There's so many unknowns. So again my professional recommendation is to take off We-ko-pa. And again, we appreciate them. One thing that they asked me two years ago when I met them in my first 30 days, is -- they didn't call out the specific name, but they said, Amanda, could you please do something about those signs? Because as Mr. Weldy mentioned, they're different colors, sizes, and it was faded and faded and fader. So he started to remove those. So any other questions? MCMAHON: I also have another question for you. What about resort and casino? I TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 57 of 81 mean, do you look at that as, from your vantage point, being detrimental or just a generic explanation for the fact that it's a resort and a casino and people do come here and look for where the casino is. JACOBS: Madam Mayor, Councilmember McMahon, again, I would keep it short and sweet to just resort because again, Adero. Again, I don't like to call it different names, but they offer stargazing. They offer other things. So it's sort of where do we stop? So short and simple. And again, remember, people are driving by trying to get directed. They're not spending tons of time reading all of that. MCMAHON: Thank you. JACOBS: You're welcome. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. I do like to go with economic director's idea there of resort. I just think the casino has negative connotations to it. And I don't like the idea of advertising in our town. MAYOR DICKEY: Anything else? I mean, I think a casino is fine because it's legal and it's our neighbor and we want to help them. But I'm all for just putting resort too. I don't have a negative feel for a casino. Anything else on this item? Thank you. SKILLICORN: Well, I -- thank you, Madam Mayor. I was just going to add that we're just basically giving direction so they could come back to us with a whole new name, but we're just giving direction. And I think that we've made our point. WELDY: This incredibly easy to read map shows the location of each one of these signs. You'll note that the area in and around Town Hall is kind of blocked off there. Again, attached to the staff report documents are a little less challenging. We looked at several different opportunities for breaking this up or making it bigger. This is really just to give you an overall. But think of it as you would that, obviously, Shea, we would have signs. Palisades, Fountain Hills Boulevard, Saguaro, and then as we get closer to the core of town, there would be smaller signs on our minor collectors, major collectors, and our local roads. These are the primary signs, and this is the current text that will be shown on them. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 58 of 81 And each one of these numbers represents a location on the aforementioned map. MAYOR DICKEY: So again, sort of jumping ahead. The idea that this will probably be more than the 275 that we have. If we start to look at having less signs, like, especially in town and such, would we ever consider putting, like, the mileage on it? So the downtown -- so here is something on Shea, then you put it on Saguaro. And then rather having a bunch like kind of internal just say like one mile or you know, anything on there to give it a little bit more information without having another? Because we're talking forty what, 46 signs, I think? No, 40 signs. But if it ends up looking like we can't afford to do this many signs, would we be able to do that? WELDY: Absolutely, Mayor. Again, we're here tonight to get direction based on -- well, it's 100 percent concept is where we're at. So we're either ready to go to bid or make minor changes. Again substantial changes will get an estimate, and then we'll come back to the mayor and council depending on the dollar threshold. But we're here to get direction tonight on what you would like to see and the direction you would like to go. SKILLICORN: Thank you, Madam Mayor. Director, someone mentioned the font. Is the font big enough so seasoned citizens can see that while they drive by at 35 miles an hour? WELDY: Madam Mayor, councilmember, in fact, we're going to dive in a little bit deeper. But if you'll recall back here a couple of slides, it actually has the font on this one here. So it looks like we're four and a half inches for the arrow and the font related to the community center and the text there, and three and a half inches lower to the bottom. And then, as you can see, as we get to the bigger signs, we're looking at five inch primarily. Is that five or seven? I'm going to need to get my glasses. So it's based on the speed limit and the roadway geometry, which is primarily two lanes in each direction; there are some exceptions to that. You're welcome. So if I'm not mistaken, here we want to -- for the primary signs out on Shea, add a mileage. MAYOR DICKEY: I think it's just going -- WELDY: To each of the destinations or key destinations? TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 59 of 81 MAYOR DICKEY: It's just depending on if we can have the rest of the signs after they get in to where they're going, that can direct them. Because at least from some preliminary discussions, this is very expensive. So if we have to cut something down and say they only have two signs to get to the shopping area or to the civic center, let's say, to town hall, that would be the only reason to do it. GRZYBOWSKI: So you're talking about cutting down on the smaller number of signs and adding miles to those signs? MAYOR DICKEY: Just in case we have to cut down the small signs. WELDY: We can -- adding a little bit of text, at this point in time, I don't see as a major issue. And we're certainly going to discuss the money as we go on here. So we have a general idea of what we're discussing. These are the secondary signs. Again, these are primarily on Palisades, Fountain Hills Boulevard, and Saguaro. [CLERKS NOTE: Councilmember Toth left the dais at 7:49 p.m. and returned at 8:02 p.m.] MCMAHON: If we added mileage on these, would it change the font and the size? WELDY: Slightly, yes. MCMAHON: Smaller? WELDY: Yes, ma'am. MCMAHON: Okay. Thank you. WELDY: These are the remainder. So obviously there are more of these that would go on the minor and major collectors coming in Palisades, Saguaro. And lastly, these are the smaller ones that would be closer to the destination and/or the town core in that area or other destinations as described on each of the signs. Lots of information, huh? Lastly, as you can see by the image in the middle of the page, this was part of a branding some years ago, in which the town council agreed to purchase and install these town center signs. We have a couple of dozen of them remaining, and enough in storage to replace them for the next 30 years. These were purchased early 2000s. And they TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 60 of 81 decided at that time, because of the cost to just purchase them in bulk. So the top portion of this and the powder coated poles, there's quite a collection of these at the street department. With the rebranding of the town center to downtown, one of the concepts was to cover up the town center. Because this is a little bit more challenging, and these are localized in what was formerly known as the town center, but now downtown, staff was uncomfortable in regards to giving any real direction. The original design was to make them kiosks and/or poster locations that would be managed by either community services and/or public works, and obviously the posters or the information contained in them would be changed periodically. Keep in mind that these are primarily walking. And at the time they were installed, not all of them are immediately adjacent to a walking path. The majority of them will be here thanks to a generous donation by this council and the federal government for sidewalk gap elimination. But so we're really asking for some direction on this. What would you like to see with these basically 25 signs? MCMAHON: I think it's going to depend on the size and what sign that the fountain would fit onto. WELDY: So these are existing. The proposed cover is approximately six feet tall and approximately four feet ten wide. So slightly taller than me and slightly narrower than me. MCMAHON: Oh, okay. Amanda, a question as far as branding goes, would you like to see these on just the ones that are downtown, or the ones that are on Shea and the major thoroughfares, or just scattered around town? WELDY: Madam Mayor, these signs are in the town center area, aka the downtown. They're nowhere else. These are just right here in the core. MCMAHON: Right. Okay. I just wanted to clarify that. MAYOR DICKEY: Wait, you said -- sorry. Did you say you had, like, two dozen of them left somewhere not being used? WELDY: Madam Mayor, we do have replacements. This type of sign is simply too small for anybody over a decent pace on a bicycle. Because again, we're talking about a TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 61 of 81 poster that would be put in there. Or if you would like, you can certainly add a wayfinding type sign in there. It's two sided also. One on either side was the way they were designed. JACOBS: Madam Mayor, councilmember, can you repeat your question? I heard the branding. MCMAHON: Right. As far as -- JACOBS: Are you talking about his or the other signs? MCMAHON: Yeah, as far as consistency, the branding. And then Justin answered my question as far as they're just downtown. So I guess what use do you see or would like to see of the -- JACOBS: Madam Mayor, Councilmember, I appreciate the question. What I would love to see and the direction be, is some of this is operational and we leave that to our professional staff. Just being honest. Also, I think because we're going through the downtown strategy process, we are getting lots of feedback and themes on signage and where some people are mentioning, is this where, again, you highlight the fountain, Fountain Park, and the districts, where some of them are named. So there's lots of ideas. So I think to be determined. If we can work on that more operationally instead of at the policy level is just my ask, since you asked me. MAYOR DICKEY: Thank you. JACOBS: You're welcome. WELDY: So the direction on these? MAYOR DICKEY: I think since we are having this discussion about downtown, when I first looked at it, it kind of looks like you might want it to be something to do with hiking or going to a park or going to Adero or something. But at this point, I don't think we need to make a decision on these. Right, Rachael? GOODWIN: No. I think, again, these are existing. And I think Amanda actually makes a good point that as we go through the strategy, as we hear feedback, let the brainstorming happen, and perhaps we come up with an idea that hasn't even been discussed tonight. I think that there's some value to that. You've heard one suggestion, TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 62 of 81 but I think, again, if we can maybe table this portion of it to allow the staff and some ideas to kind of come together on that, I think that's a better idea. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. Yeah, I think this has been constructive. I'm supportive. I also think if we approve this, we're not saying don't change it. This is just giving direction. And I think that these pay for themselves over time. And maybe something to consider is the items, like the hiking trails, that they're great. I love them, but they don't have any revenue. So maybe that is to be discussed. But the fact is I don't need to micromanage this and I trust the staff and the concept so far. So I think they've done a great job. And I think we should continue going down this road. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Yeah. Thank you, Ms. Mayor. Just something that is not setting with me well, right now, and I just want to bring it up real quickly. Is the We-ka-pa Resort sign -- resort casino. If this was addressed by a previous mayor and two previous councils, would it be possible for us to just have staff reach out to the casino and just get an input on that before we kind of make a heavy handed decision here? Because we do have a very valuable relationship and I don't want to ruffle -- yeah, I don't want to ruffle feathers over this. So I think if we can get their input that would really be helpful. WELDY: A couple of things that we need to go over here that are going to be a little uncomfortable for some is the money. As I had stated earlier in this presentation, this started back in 2017. Do you want to hear the numbers that we've spent up to date, and then the engineer's estimate for fabrication and installation? So in 2018, the original concept was about $31,000, that's what we paid. In 2019, for the finalized portion of that was 49,000. In 2023, we paid 9,000 for a structural engineer and $13,000 for the concepts and the plans. To date, we're about $104,000 into this, and I'm bringing this up simply because of the number of emails and phone calls I received and comments from the public that have had a chance to look at this once the agenda was released. The engineers' estimate is just under $700,000 to fabricate and install these signs. Keep in mind, there is a lot of traffic control necessary because we live in a TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 63 of 81 hillside community and we would not ask anyone working for us, just like we do not allow anyone working for anyone else to work in unsafe conditions. So it requires off duty police officers and traffic control and oftentimes, several different times. And also note for any of you that has went out in your backyard and decided to plant a tree or anything, there's a little bit of rock in the ground, so we can expect that. So knowing that we are prepared to make these minor adjustments based on communication we get from the Fort McDowell Yavapai Nation and place these documents out for bid. We'll know the true cost to design and install them when we open those bids and bring it back to the mayor and council. That's really where we're at. We have your input. I don't think there's any substantial changes in regards to adding some mileage. Or removing or changing one name, depending again on conversation between the town manager and the president of the neighboring nation. But I didn't want anybody to get caught off guard either when we come back. FRIEDEL: Can I ask a question? In your analysis, with the mileage, will you be able to tell us how many signs or duplication that you'll be able to reduce this by? And then will that be in your estimate of actual costs then too? WELDY: Madam Mayor, Councilmember, the number of signs -- so adding the mileage isn't going to be that substantial. So the lettering is just a few pennies right now. And it's not likely -- we may have to work a little bit on shifting where the text lies on the sign, but I don't see adding mileage as that big of a deal. And again, we will speak to the firm that prepared these plans and confirm that. We certainly would not proceed without doing so. So if the question is, do we want to eliminate some of the vehicular signage in the core? If that's the direction, we can certainly look at eliminating those. We can reduce a number of any of the sizes that you would like, if that's the direction you're thinking. Again, the engineer's estimate is just that. We will not know the true numbers until we unseal those bids. MAYOR DICKEY: I forgot to -- I didn't forget, but did we have any speaker cards on this, Linda? MENDENHALL: Yes, Mayor, we do. First of all, in your packet, you have written TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 64 of 81 comments: seven people for this, nobody's against it. And then we have one speaker card, Betsy LaVoie. LAVOIE: Hi. Betsy Lavoie, Fountain Hills resident. I'm here to express my support for the implementation of the wayfinding sign project outlined in the staff report. As a resident of this town, I firmly believe that establishing a comprehensive and user- friendly signage and wayfinding system is essential for enhancing the overall experience of both visitors and citizens alike. The current state, as you know, of our wayfinding system is outdated, inconsistent, and often difficult to navigate, particularly in downtown areas. By investing in this project, we have the opportunity to create a cohesive streetscape environment that not only improves navigation but also enhances the aesthetic identity of our town. But as the president and CEO of the Fountain Hills Chamber of Commerce, we are a partner to the town and support the additional benefit to the business community that this project will bring. Improved navigation will undoubtedly lead to increased foot traffic and exposure for local businesses, thereby enhancing economic vitality. The goals and action items outlined in the town's 2020 General Plan and Economic Development Strategy align perfectly with the objectives of this project. Clear and concise aid in navigation will not only facilitate ease of movement, but also contribute to the thriving environment and connectivity within our business community. The wayfinding sign project also presents a wonderful alternative to the blue ADOT signs that we are allowed to place for our visitor center. As the official visitor center for the Town of Fountain Hills, I recommend these wayfinding signs be placed at the gateways to our main arteries to avoid the need for those large blue ADOT visitor signs and we can detract from the aesthetic appeal of our town from the large blue ones. Additionally, the Arizona Sign Association has for years emphasized the urgent need for wayfinding signage in our town. For too long, this issue has been neglected and it's time for action. Not neglected, just kicked down the road. Delaying the final design would only result in increased costs for eventual fabrication and construction, making it imperative that we proceed with the design, fabrication, and installation, as recommended by staff. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 65 of 81 In conclusion, I urge the town council to please support after seven long years, this wayfinding sign project, by doing so will not only enhance navigation and accessibility within our community but also create a more vibrant and welcoming environment for all. Thank you. FRIEDEL: Betsy, can I ask you a quick question? Did you just say that the chamber wanted to go halves with us on this? SKILLICORN: I heard it. LAVOIE: Did you? Yeah. MAYOR DICKEY: So to be clear, what would we be saying? What would we be saying yes to? So the possible changes? But there's no obligation here to 700 grand. Yeah. GOODWIN: Mayor, if I may? I think what we heard tonight and please chime in if I misheard or if I forget anything here, is that in general, you like the concepts here, we have some changes I've noted here. We're going to reach out to We-ko-pa, we're going to chat with them to see about that. Look into adding the mileage. I actually noted a couple little minor errors about some name changes we'll need to make too. But again, those are not high -- they're not a problem. We just want to make sure we get it right. And then if there's a way to reduce some of the signage -- once we add the mileage, if there's a way to potentially reduce some of the recommended or noted signs to save on costs, we'll take a look at that and perhaps make a recommendation on where we think that might be most appropriate. And then we're going to hold off on any changes right now regarding the existing town center infrastructure and potentially hear some ideas during our brainstorming in our downtown strategic plan process. Assuming that's the right assessment, we'll take this back. We'll go back and get some finalized plans. We'll and then we will move to the bidding process to get an idea of what it's really going to take to fabricate and install. That's the next step, Justin? WELDY: Correct. GOODWIN: Awesome. Do you have an idea of when we're looking to issue that RFP? WELDY: I would really like to have notice of award of the council prior to them going on the summer break. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 66 of 81 GOODWIN: Okay. WELDY: It takes a little while here and then also allows us an opportunity to speak with the tandem CFOs regarding the lack of funding in next year's budget for this. GOODWIN: Actually, and that moves pretty fast if we're going to issue it and notify award and all of that good stuff in the remainder of this fiscal, that's actually pretty quick, so. WELDY: Correct. GOODWIN: Okay. That sounds great. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. And just to revisit my earlier point on color, do we have to make that decision tonight or can we do that more closer to when we get a bid in the bidding process? WELDY: Well, we really need to decide that tonight because the documents that we released for bid, the contractors are going to base their bidding pricing and their unit pricing on that. KALIVIANAKIS: Okay. It just seems like the colors that were selected in your presentation were kind of dark and ominous. And like, I see that aged copper in the background and like an ivory, just seems like it'd be more welcoming. And like I said, I did spend a week looking at wayfinding signs, and I really looked at the dark ones. I looked at the lighter ones, and it just seems like the lighter ones were more friendly on the eyes. And for especially for this kind of a community. WELDY: Are you referencing the back of the sign, Vice Mayor? KALIVIANAKIS: Yeah. The back, I would prefer like an aged copper, like that lighter green. And then in the front of the sign where the black lettering would be or white lettering would be, would be ivory. Just throwing it out there. WELDY: So the darker portion is weathered steel. SKILLICORN: Okay. Yeah. WELDY: Rust if you would. SKILLICORN: Okay. So that's the one in the bottom? TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 67 of 81 WELDY: The green on white -- SKILLICORN: The PARTICIPATE -- WELDY: Yeah. Is what was selected. If you would like to change the face -- color of the face of the sign and the font, tonight is the night to do that. SKILLICORN: So do we have like four choices for where the color schedule is, P1 to P4? WELDY: Where are you seeing this, Vice Mayor? SKILLICORN: That's at the Smith Craft Custom Architectural Signs, page 2. FRIEDEL: Can I jump in or no? I kind of like what we have here. KALIVIANAKIS: I think this is what we're talking about. I'm not -- just throwing it out there. FRIEDEL: Yeah. TOTH: I was just going to pretty much say the same thing. I like the existing colors. I think that they're easily readable. I think the weathered steel will look very nice as well. So I'm fine with the coloring. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: Ditto my neighbors here. When you're driving on the highway, green is often the destination color that you see. So I like the green, plus it blends in and it matches the greenery of the scenery. And then of course, the automatic rust thing. That's great because then when it does rust, it looks normal. So yeah, I like it. I think it's easy on the eyes and I like the color scheme with the background. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Yeah, I think it's under project plans. It's the second attachment. WELDY: Madam Vice Mayor, I don't -- I had a set of older documents opened here, but I don't have the ones that are in the staff report. KALIVIANAKIS: Okay. Okay. WELDY: So it sounds like currently we're going to stay with the hunter green and white on weathered steel. Is that correct? And we'll make minor changes to the text, include the mileage. Town manager will speak to the neighboring president and we'll implement those minor changes. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 68 of 81 MAYOR DICKEY: Any motion? SKILLICORN: Motion to approve. GRZYBOWSKI: Second. MAYOR DICKEY: And just to be clear, the motion is to direct staff to incorporate the recommended changes in procedure, the competitive bidding process. We have a motion and a second. Roll call, please. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: We have a unanimous vote. MAYOR DICKEY: Thank you, Clerk. Our next item is about public art. Rachael? Thank you, Justin. WELDY: You're welcome. GOODWIN: Thanks, Justin. I'm actually going to have Kevin introduce the public art item. And then I think we have a member or two of our public art committee to walk us through this tonight. SNIPES: Thank you, Madam Mayor, Council. Tonight we're here to check and look for approval for the public art that has been selected. We wanted to make sure that you TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 69 of 81 had the opportunity to see what is going to go up in our park prior to that happening. and with that, I will hand it over to a couple of our public art committee members. Jenny and Cheryl are here, so I'll ask them to come up. I can just open up easier. WILLIGROD: Madam Mayor and councilmembers. The Town of Fountain Hills Public Art Committee received over 300 applicants for the second year of the Pump House program. The theme this year was -- this exhibit is "Expressions", with the artist's interpretation of a facial expression that portrays an emotion. The origin of the face could be human, animal, or plant. All costs associated with the fabrication and installation of the panels will be responsibility of the Public Art Committee. Artists chosen for this project will receive a $200 honorarium, and artwork will be featured on the public art website. And these are the seven pieces of art that were selected of the 300. GOLLON: How do we scroll down, Kevin? Mayor and council, I assume you all have this in your package, correct? So you're able to look over the paragraphs that were attached. I thought the one thing that was kind of interesting this year is we've got seven different states, which is kind of fun. We had New York all the way to Oregon, I think. So these were our finalists. Anybody have any questions? MAYOR DICKEY: Does anybody have any questions? Did we have any speaker cards? MENDENHALL: Yes, Mayor, we do. We have one in your pocket who is for this project. And then we have Ed Stizza. STIZZA: So hi, good evening. Got a couple questions. So this is how big of an area again, exactly? These are the panels down by the Veterans Memorial, correct? What happened to the butterfly project? I thought there was butterflies going to go on the wall. What happened? Just out of curiosity, that's number one. Number two. Boy, I moved to Fountain Hills years ago. My family moved here because it was a southwest desert location and destination and I love art. I love it, love it. It's a big passion of mine. I just don't really see -- I know in all due respect, there was 300 applicants, it sounds like, right? And I've looked over these images and just don't think they really represent what Fountain Hills and what people should be looking at down there right next to Veteran's TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 70 of 81 Memorial. A little bit spread out in the conceptual or conceptual and colors. I don't know how it would look. It would be nice to see a rendering of this overall how it's going to be laid out or what the thought processes is. And again, the public options have been completely eliminated from this, right? I mean, I just seen this fairly recently, so we didn't bring any of this to the public on maybe what the public might want to look at and the 300 possibilities or did we? I don't know, I'm asking. So I don't know if they can answer that. But I don't remember seeing this as possibly an option or the options presented to the public. So just doesn't seem like -- I get the ideas, I see the artwork, but just doesn't seem like it's -- I don't know. I would think of these images in downtown San Francisco or Los Angeles, something much more urban. I don't feel this really represents a good use of that space as far as the images. So it would be nice to be able to see some more options here, especially, is there a cost to this? Do we know? That's the other thing. You know -- MAYOR DICKEY: I'll let the folks come up. But just you know, for statues and everything else, sculptures, I mean we have a public art committee and then the council sees it as we are seeing this now and then we discuss it. That's how it's always been. But I'll let you guys come up and talk a little bit more about process. And what was the other -- oh, cost. Thanks. GOLLON: I'll go back and explain where we came about with this idea. The mural was going to be butterflies. He's correct about that. And that was back in 2020, I think. But the public art committee, having been down that road before, realizes that that fades and it chips, and we're constantly going back and having to repair and replace at an expense. So this concept was presented last year as a Pump House pilot project, and we did the first year of the art and had the selections. Am I not close enough? So that theme last year was Legends and Lore of the Valley. Every year we intend to change the theme and this year the theme was Expressions, and I believe that was presented here a couple of months back. So last year we did not have quite as many entries. There was a cost associated with applying. This year we eliminated that cost; therefore, we had a lot of images. Now even though there were 300, making that be an zero expense, we TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 71 of 81 ended up with a lot of images that were not sized appropriately. People just simply didn't follow the directions. So that being said, I can't give you an exact number. I'm still thinking we had at least 200 images and we do have a committee. We go through a process. We all have a vote. It's about 80 percent based on the art, 20 percent based on the accompanying paragraph, and these again were our finalists. Now, the hope of this project is to change every year and to have different art that stays bright and does put a different look on our community every year. And I think we're accomplishing that goal. So I'm proud of this project. I want to see it move forward. And for the gentlemen, if you do go to the Fountain Hills public art website, you will see the display last year how the art was applied to the wall. There is a visual. GRZYBOWSKI: I remember the conversation about the problem with painting the concrete. That was a -- I agree wholeheartedly. We used to have a concrete house and you want to paint all the sides and the concrete just doesn't like the paint. So that was a big conversation. We discussed it. You brought it up to us at council and we agreed, let's find another solution. And you came up with a great one. I love your theme. I think it's fantastic. The artwork is absolutely stunning. I can't wait to see these things on the plates. Art is in the eye of the beholder. Not everybody likes southwestern art. It's just a thing. One of the suggestions I have for anybody that finds that they don't like the way this process is done. Next time we have an opening on the public art committee, maybe they should apply. But I love your theme. I love the photos. More power to you for going through 200 to pick your favorites. I have absolutely no idea how I would do something like that. I love this and I'm going to be yes after somebody makes a motion. MAYOR DICKEY: Thank you ma'am. Yes, Councilwoman? MCMAHON: I second that with what Sharron said. I think this is beautiful. I think each and every one of these are individual, have great expressions, and I think it's going to look fantastic where it is. And I appreciate all your due diligence going through what? 300, et cetera. And I love the explanations about each of the pictures so that you could understand them. So thank you very much for doing this and I look forward to next TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 72 of 81 year's as well. So, thank you. GOLLON: Thank you very much. Appreciate it. FRIEDEL: I just had a question. So, we have one local artist that made the cut? GOLLON: Yes. We only had one local artist. Now we don't look at that. I mean, what we look at is the paragraph and the artwork. So, there were a few more that I know of that applied. And you know, that's why we go through the process where it's kind of a blind -- FRIEDEL: I thought maybe, though, when we, I remember you mentioning expressions, and I remember the butterfly thing that Ed Stizza talked about. I thought this would be more to highlight local artists from our town, like the Art League. GOLLON: Regional -- FRIEDEL: I'm sorry? GOLLON: It's a regional contest. FRIEDEL: Regional contest. Seems like we stretched our region pretty far. GOLLON: Yeah. A few people jumped in there that -- again, we don't look at where they're from. We looked at the paragraph -- FRIEDEL: So, like the Fountain Hills Art League, they've got like 50 members. Were they involved with this? GOLLON: I presented it to the Art League. FRIEDEL: Okay. GOLLON: And I went around and encouraged several of them to apply. MCMAHON: Okay. All right. Thank you. MAYOR DICKEY: Vice Mayor? KALIVIANAKIS: Thank you, Ms. Mayor. I've got strengths and I've got weaknesses, and art is not my strength. And so, it's just good that we have a committee like yourself that is so engaged with the various art community and does a lot of research and work on that, and that's why we have committees and that's why we have experts. And so thank you for all the time that you spent putting this together and for these recommendations. And yeah, it looks pretty nice to me. Thank you. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 73 of 81 GOLLON: Thank you. MAYOR DICKEY: Councilwoman? MCMAHON: Can I make a motion? MAYOR DICKEY: Yeah. And I just want to say something. MCMAHON: Okay. MAYOR DICKEY: I was just going to say when you first started, did you say expressions of plants too? WILLIGROD: I did. MAYOR DICKEY: Did you say plants? WILLIGROD: Yeah, we did. MAYOR DICKEY: All right. GOLLON: We said that it could be of human, animal, or plant. sometimes you can have a -- MAYOR DICKEY: So no Audrey too? I was expecting to see Little Shop of Horrors or something. So -- GOLLON: No, I mean, there was a great variety and yeah, it was a hard choice to tell the truth. MAYOR DICKEY: Thank you. Councilwoman? MCMAHON: I'd like to make a motion to approve the second year of the public Art Committee Pump House Wall project and authorize the installation of Expressions artwork submissions. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. We have a motion and a second. Can we get a roll call, please? MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Nay, but only because I'd love to see more Arizona. I love your theme. I love what you're doing. I love you guys. I'm sorry. TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 74 of 81 MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Passes six to one. MAYOR DICKEY: Thanks you guys very much. Our next item is the AI, consideration of adopting an ethical artificial intelligence policy. We had this brought to us by the vice mayor. So we'll have our presentation. We'll see if we have any speaker cards and then we'll discuss. CICCARONE: Good evening, Madam Mayor, and town council. I'll be brief. I'm sure there's going to be tons of questions. I have the pleasure of presenting the town's ethical artificial intelligence policy for your consideration. At the request of Vice Mayor Kalivianakis, staff was directed to draft a policy governing the implementation and use of artificial intelligence technologies. So this is just a framework outlining the responsibilities of the town while implementing and using any AI technology. At this time, the town doesn't have any plans to implement AI technologies. That doesn't mean that down the road we won't. This policy will be reviewed periodically and updated as necessary to address emerging challenges, technological advancements, and changes in legal and regulatory frameworks related to AI. The town's AI policy affirms the commitment to responsible and ethical use of AI through the principles that ensure transparency, fairness, accountability, and protection of individual rights and privacy in all AI related activities conducted by the town. So this policy only relates to the operations of the town. It doesn't have any impact in the TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 75 of 81 community other than Town of Fountain Hills. Happy to answer any questions. MAYOR DICKEY: Thank you. Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. First, we have one comment that they're for the policy and then we have one speaker card, and that's Matthew Corrigan. CORRIGAN: Mayor, Council, Matthew Corrigan. I just urge a little bit of caution and further review on this policy tonight, agenda item 9.E. And it's not the establishment of the ethical AI policy itself, but maybe the temptation of the town government to expand its reach, either by hiring more staff or expanding the information technology administrator role, or by renaming his title or authority to control town employee communications. Don't get me wrong, I love our town. I love it the way it is. But I have concerns, as maybe we all should. Why the caution and the concern? We've all read about it. We all know about it. Maybe we just need to remember what just happened? Let's review. On April 9th, 2012, 12 years ago, the town of Gilbert, Arizona hired Dana Berchman as communications manager. Berchman was praised by media, government leaders, AI industry, the tech industry and showered with awards. Berchman was rewarded well over a 12-year span and became the chief digital officer of Office of Digital Governance, ODG, with 12 employees and controlled 30 digital accounts and all personal online posts. Berchman annual salary was $200,800 annual, and her department cost Gilbert taxpayers 1.15 million annually. Public records revealed that under Berchman, ODG contracted various leadership -- contacted various leadership about employees' online speech if they ran counter to her progressive ideals or appeared to be critical of her department, ODG. Leadership was then expected to confront the employees about their speech when the story went public via AZ Free news sources, and in January, Gilbert Town council meeting heard from residents who demanded an end to the free speech violations. One former employee, on the condition of anonymity, said they left their job in part due to ODG's control over the departments. Now again, this is a bit of history, but then again, remember what happened. Dana Berchman resigned on February 20th this year prior to the town council investigation of her activities. Her last day was March 7th. That's not to say that TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 76 of 81 could happen here. It might happen here. I just want to be cautious in proceeding with our description of the AI ethical policy and not go beyond that. My only concern. I love the town. Thank you. MAYOR DICKEY: Councilman? SKILLICORN: Oh, thank you, Madam Mayor. I think Councilor Toth was first, though. TOTH: That's all right. You gave the tie to me on the second. I'll let you go first on this one. SKILLICORN: Quick question for Administrator Ciccarone. Is this like an ideal set of practices? The research that you did to come up with this, I'm sure it wasn't out of the blue. We don't need a long explanation, just kind of curious where it came from. CICCARONE: Sure. So this policy is based on the City of Tempe's AI policy. I did also take a look at City of San Jose, City of Seattle, City of Boston. They're kind of the leaders in AI technologies. I did pull some parts out of their policies, but I think the Tempe one pretty much matched what we were looking for. And I think the vice mayor could probably speak on that as well. MAYOR DICKEY: I was going to say, let's let Hannah ask her question, and then, Brenda, why don't you speak on this? KALIVIANAKIS: Yeah. MAYOR DICKEY: Thanks. TOTH: Thank you. Actually, sorry, it's not a question, it's a comment. Is that still okay? Okay. This is actually something that I had also brought up at one point. And to quell what could be or could not be concerns, it's just words I hear about AI online, so I don't know if it really applies. But to quell some concerns that could be present in the community when it comes to us making a policy on AI, the reality is, is it be much worse to not have one? AI is not just like the sci fi movies, you know, the computer and iRobot that. Yeah, it's not like that. It's also ChatGPT and things that help with your writing and help with productivity in the office, that could be a realistic addition in the future to the town. And anyway, I just appreciate the staff's work and researching this. And just in case there's any perception that we're going to have iRobot as a new code enforcement TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 77 of 81 officer or something, that's not what this is. KALIVIANAKIS: Thank you, Ms. Mayor. And Mike, thank you for all the hard work that you did on this. I know you've worked extensively, and you kept me in the loop all the way, and I really appreciate that. And the reason that I thought this was important, I think it's really good public policy, is many municipalities across the country are getting these policies now. And this is like the outline to what's going to become the book later. It's a start. Importantly, it's like at the end it talks about the review process and how this is going to be updated, updated, updated. And maybe we should have started with that. But that's a joke. Because this is the beginning of a process. When Hannah mentions your concern about the interactive programs that you can use to write, I can literally see a time where this AI kind of program will do all of our correspondence for us. We'll handle calls from even the public, do our writing for us. And I think it's important for our residents to know, yeah, did this come from a robot, or did this come from the mayor, or did this come from the vice mayor, or did this come from a councilmember? Because we're not going to know. And just so we all kind of get it here, there's -- like when the wheel was invented, it changed things. When the automobile was invented. Well, most of us were here when the internet was created, and it's just changed life as we know it fundamentally and a molecular level. And so, when you combine quantum computing and intelligent program, they can actually think, it can be really scary. And the one thing too, with the, with the next generation of programing is before the supercomputers simply had a yes or no, yes, or no, approve, not approve. With the new programing that's coming up, there's not switches yes, no. But there are maybes, and this might be better for you. And so it's going to take you on a journey that you might not want to take it. And so, I'm just very concerned about that. And I'm also very concerned that five years from now, somebody can have complained of the town three times and then finally confronts you in a grocery store. And like, I've corresponded with the town, I've talked to people, and then you do the research. It's like, you know what? All those contacts were with a machine, you never talked to a person. And so, I think it's good that we respect human rights, human TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 78 of 81 dignity, and this should be a tool that we use. We shouldn't be the tool it uses. And that's why we wanted this policy. So thank you very much. CICCARONE: Thank you. MAYOR DICKEY: Councilwoman? TOTH: Sorry. Just a funny sidebar. But speaking of how quickly the AI technology has advanced and why it's important for us to have a policy now, even though we're not necessarily planning on using it soon. It is a tool and it's helpful, it can help our productivity. But to our vice mayor's point, we're already seeing some kind of scary stuff with AI. Not going tinfoil hat over here, I just Googled recently -- I actually got in some trouble because in efforts to do a good thing and to be helpful, they accidentally overcompensated and it ended up, like, practically impossible for it to generate a picture of a white male. And there's been all these stories coming out. I don't know if anyone else is getting these, but I swear I get them like three times a day. These phone calls that are from, maybe real nonprofits, maybe not, asking for donations and you think it's a real person and you go -- you try and say something of, oh yeah, I want to support that. But you know, I'd rather do it later. And then they ask the same question, and you go, oh, I'm talking to a robot right now. And maybe that reveals how I should maybe pay more attention when I'm on the phone, and maybe I should be realizing right away that it's a robot. But my point being, this technology is so new and it's advancing so quickly because there's so many of our greatest minds working on it right now, which is wonderful and it's exciting, but there's also opening up that need to kind of protect ourselves from how it's used, if we do use it. And I will stop ranting about it now. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: I do agree that it totally helps with productivity. I think that we forget that we've been using chat bots for years. We've been talking to AI, like, years. I don't think you guys realize how many years it's been. My husband's full-time job is security for big data software companies, so I gave it to him to review and he said he doesn't see any problems with it. It's a great go. And I'm actually under the impression that you TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 79 of 81 guys were working on this long before the councilwoman even brought it up. So I appreciate the work that you guys did on it, and the different towns and cities that you've looped in and tried to do the right thing for us. Thank you. CICCARONE: Mayor, if I may? MAYOR DICKEY: Yes. CICCARONE: So I'm part of the MAG TAG. It's the Maricopa County Association of Governments Technology Advisory Group, and it's something that we've been talking about in that group setting for months now. I think Tempe started off with talking about their policy. Pretty much all the other member cities are in that same boat, trying to figure out a policy and basing it on the Tempe one, obviously making their tweaks. I think the Tempe policy was a page and a half, and we turned it into three and a half, four pages. So, I think ours is a little bit more comprehensive. But it's kind of that same thing. It's going to be updated. It needs to be updated because the technology is changing so quickly. And then one final thought. I think the next year we're going to start to see AI come to our phones, come to our computers, and it's going to be more prevalent in everyday life. So, if we don't choose to accept it now it's going to come and we'll be just doing this down the road. So, I think it comes at a good time. MAYOR DICKEY: Definitely. There were a couple articles because I wanted to try to get to know a little bit more about it, too, and one of one of them was about Tempe, and I think they started like in June. And then reading how cities are taking the lead on this all over the country. So, I think that's something that is very appropriate for us. And part of what I saw was that a growing number of universities are starting to have AI as a major. So they're recognizing it. It's in health and transportation and just all kinds of public policy. So unless there's any other comments, I get a motion, please? KALIVIANAKIS: Yeah. Move to adopt the Town of Fountain Hills ethical artificial intelligence policy. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Councilmember Toth? TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 80 of 81 TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Passes unanimously. MAYOR DICKEY: Easy for you to say. Well, thank you very much. Our next item is our typical legislative one. We had a call yesterday with -- and then they sent us a pretty good wrap-up on it. I think, if anything, I want to mention is just that there are two zoning bills that we do support. So, I think that was one of his messages was that not we're not always saying no to everything, we are compromising. So, on 1162 residential zoning housing assessment hearings, and even though it's a population of 30,000 or more, there are a couple things in there that would apply to us. But it's a good bill. And 2297 zoning, adaptive reuse, commercial buildings, is also one that we want to support. And there's a couple of really ones -- I never like to say bad bills, but just bills that aren't good for the town. And so they'll be working on those and to try to see if we can, if they can put a stop to those. Did anybody -- I'm sure you all got the same email. So do you want to talk about any of that or. I think we've taken positions on all of them already. So okay. So, we don't have any action on that. As far as call to the public did, was there anything there for action? I don't think so. And then future agenda items, item 11. No? All right. Well, thank you very much. And TOWN OF FOUNTAIN HILLS APRIL 2, 2024 TOWN COUNCIL MEETING MINUTES Page 81 of 81 enjoy the rest of your evening. And we're adjourned. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on April 2, 2024, at 8:51 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 2nd day of April 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st Day of May 2024. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Kukkola Sonia, Financial Services Technician Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License Application for Adero Scottsdale Resort at 13225 N. Eagle Ridge Dr., Scottsdale, Arizona, for a Series 11 Hotel/Motel Liquor License. Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license application submitted by Adam Leigh Stanchina agent of Adero Scottsdale Resort, 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 liquor license application. SUGGESTED MOTION MOVE to approve a series 11 liquor license application for Adero Scottsdale Resort. Attachments Application Form Review Form Review Inbox Reviewed By Date Finance Director David Pock 05/07/2024 07:41 AM Finance Director David Pock 05/07/2024 02:10 PM Town Attorney Aaron D. Arnson 05/08/2024 08:31 AM Town Manager Rachael Goodwin 05/13/2024 09:55 AM Form Started By: Linda Mendenhall Started On: 05/06/2024 12:44 PM Final Approval Date: 05/13/2024 ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License Application for Adero Scottsdale Resort at 13225 N. Eagle Ridge Dr., Scottsdale, Arizona, for a Series 10 Beer and Wine Store Liquor License. Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license application submitted by Adam Leigh Stanchina agent of Adero Scottsdale Resort, 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 liquor license application. SUGGESTED MOTION MOVE to approve a series 10 liquor license application for Adero Scottsdale Resort. Attachments Application Form Review Form Review Inbox Reviewed By Date Clerk Linda Mendenhall 05/13/2024 10:10 AM Finance Director Linda Mendenhall 05/14/2024 08:15 AM Town Attorney Aaron D. Arnson 05/14/2024 09:27 AM Town Manager Rachael Goodwin 05/14/2024 02:17 PM Form Started By: Angela Padgett-Espiritu Started On: 05/09/2024 11:34 AM Final Approval Date: 05/14/2024 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Fire Department Prepared by: Dave Ott, Fire Chief Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ATION: Approval for Resolution 2024-26 for an Intergovernmental Agreement with the City of Mesa for the use of the Mesa Fire and Medical Departments (MFMD) training facility and to attend training hosted by the MFMD. Staff Summary (Background) The Intergovernmental Agreement (IGA) is necessary to participate in regional fire and EMS training that is provided at the Mesa Fire and Medical Departments (MFMD) training facility. This may include, but is not limited to, live fire training, hazardous materials and technical rescue training, and regional fire academies. Costs, if any, may depend on classes offered and the materials needed. Related Ordinance, Policy or Guiding Principle The idea of regional, consistent fire and EMS training is the guiding principle behind the need for this IGA. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the IGA with the City of Mesa for the use of the MFMD training facility. SUGGESTED MOTION MOVE to Adopt Resolution 2024-26 approving the IGA with the City of Mesa for the use of the MFMD training facility. Attachments First Amendment MFMD MFMD Executed Agreement MFMD Reso Resolution 2024-26 Form Review Inbox Reviewed By Date Fire Chief (Originator)Dave Ott 05/07/2024 01:54 PM Finance Director David Pock 05/08/2024 10:57 AM Town Attorney Aaron D. Arnson 05/13/2024 11:06 AM Town Manager Rachael Goodwin 05/13/2024 12:49 PM Form Started By: Dave Ott Started On: 05/07/2024 12:25 PM Final Approval Date: 05/13/2024 FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR FIRE SERVICE TRAINING This First Amendment to the Intergovernmental Agreement for Fire Service Training (“First Amendment”) is entered into and made effect this ____ day of May, 2024 by and between the City of Mesa (“Mesa’), an Arizona municipal corporation and the Town of Fountain Hills, Arizona (Fountain Hills). RECITALS WHEREAS, Mesa and other Government Entities, on or about December 4, 2023, entered into an Intergovernmental Agreement for Fire Service Training (“Fire Service Training IGA”). A copy of the Fire Service Training IGA is attached hereto as Exhibit A and incorporated herein and made a part of this First Amendment. WHEREAS, the Fire Service Training IGA provides for, among other things, the opportunity for Government Entities fire personnel to obtain fire service training at Mesa’s facilities. WHEREAS, Article V, Paragraph 4 allows Mesa the sole discretion to allow other Government Entities to modify or amend the Fire Service Training IGA to add additional Government Entities as a party to the Fire Service Training IGA. WHEREAS, Fountain Hills has contacted Mesa to ask to be a party to the Fire Service Training IGA and Mesa has consented. WHEREAS, Fountain Hills has the authority pursuant to pursuant to Arizona Revised Statutes (A.R.S.) §11-951 and §11-952 and its respective town code and policies to enter into the Fire Service Training IGA. AGREEMENT NOW THEREFORE, in consideration of the mutual promises, inducements, covenants, agreements, and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mesa and Fountain Hills agree as follows: 1. Mesa will allow Fountain Hills to become a party to the Fire Service Training IGA upon execution and approval of this First Amendment by the Fountain Hills Town Council. 2. Fountain Hills agrees to abide by all provisions of the Fire Service Training IGA applicable to it and its employees. 3. Mesa will allow the Fountain Hills Fire personnel to commence training as soon as practicable. If a specific training has commenced at the time Fountain Hills fire personnel are ready and available for training, Mesa, at its discretion, may elect to allow the Fountain Hills fire personnel to commence the training or schedule the Fountain Hills fire personnel for the next available training. IN WITNESS WHEREOF, this First Amendment to the Fire Service Training IGA is executed as provided below. The signatories below affirm and attest that they are authorized to execute this First Amendment on behalf of their respective Government Entities. CITY OF MESA, an Arizona municipal corporation By: ____________________________ Christopher J. Brady City Manager ATTEST: _______________________________ Holly Moseley City Clerk APPROVED AS TO FORM: _______________________________ Alfred J. Smith Deputy City Attorney TOWN OF FOUNTAIN HILLS, ARIZONA By: ____________________________ Ginny Dickey Mayor ATTEST: _______________________________ Linda Mendenhall Town Clerk By: _____________________________ Rachel Goodwin, Town Manager In accordance with A.R.S. §11-952 (D), this First Amendment to the Fire Service Training Intergovernmental Agreement and the Intergovernmental Agreement for Fire Service Training attached as Exhibit A to the First Amendment has been reviewed by the undersigned attorney who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. TOWN OF FOUNTAIN HILLS, ARIZONA By: Aaron Arnson City Attorney Date: RESOLUTION NO. 2024-26 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF MESA, MARICOPA COUNTY, ARIZONA (“CITY”), WHEREAS, the Town desires to participate in Mesas Fire and Medical Department Fire Service Training hosted at Mesas facilities in order to provide regional emergency fire, medical, and other services; and WHEREAS, such cooperation is beneficial to the Towns emergency services preparedness. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (the "Agreement"), in substantially the form attached hereto as Exhibit A. SECTION 2. Pursuant to the terms of the Agreement, the Town hereby authorizes the expenditure of $13,500 per year, and a cumulative total of not more than forty- nine thousand and XX/100 ($49,000). SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this day of , 2024. [Signatures on the following page] FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Fire Department Prepared by: Dave Ott, Fire Chief Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-27 for an Intergovernmental Agreement (IGA) with the AZ Department of Forestry and Fire Management for mutual aid resources needed for wildland fires. Staff Summary (Background) The IGA is necessary to establish a relationship to provide the resources necessary for wildland fires. It is in the best interest of the State of Arizona to have wildland fires detected and suppressed quickly before they become large and more difficult to control. As part of this effort, the Town of Fountain Hills may have the capability to respond and suppress fires under the jurisdiction of the State Forester on a more timely and effective basis than any other assets or resources in the state. Conversely, the State Forester may have the resources and capacity to support Fountain Hills if the need should arise. This mutually beneficial agreement allows both parties to cross-support the other for the benefit of all. Related Ordinance, Policy or Guiding Principle To establish relationships prior to fire season starting. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends appproval of the IGA with AZ DFFM. SUGGESTED MOTION MOVE to Adopt Resolution 2024-27 approving the IGA with the AZ DFFM. Attachments DFFM IGA DFFM Appendix Resolution 2024-27 Form Review Inbox Reviewed By Date Fire Chief (Originator)Dave Ott 05/07/2024 01:54 PM Finance Director David Pock 05/08/2024 11:00 AM Town Attorney Aaron D. Arnson 05/13/2024 11:06 AM Town Manager Rachael Goodwin 05/13/2024 12:49 PM Form Started By: Dave Ott Started On: 05/07/2024 12:52 PM Final Approval Date: 05/13/2024 Contract No._________________________ ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT COOPERATIVE AGREEMENT This Cooperative Agreement (“Agreement”) is made by and between _______ hereinafter referred to as the Cooperator, and the State Forester (collectively the “Parties”). This Agreement supersedes all previous Memorandums of Understanding and Cooperative Intergovernmental Agreements and will become effective upon the final signature. WITNESSETH: WHEREAS the Cooperator wishes to enter into a Cooperative Agreement with the State Forester for the protection of its forests and wildlands as authorized under A.R.S. §§ 37-1303, 37-1302(13), 48- 805(B)(17) and; the protection of forest, wild and agricultural lands, and rural structures as provided for within the Cooperative Forestry Assistance Act, 16 U.S.C. Section 2106; and WHEREAS it is in the best interest of the State of Arizona to have wildland fires detected and suppressed quickly before they become large and more difficult to control; and WHEREAS the Cooperator represents that it is a duly constituted fire department, fire district, or political subdivision of the State authorized to provide fire protection within the boundaries of the map attached hereto and by reference made a part hereof (Appendix A); and WHEREAS the Cooperator may have a limited number of units of firefighting equipment that can be made available to the State Forester for fire suppression work; and WHEREAS the Cooperator may have the capability to respond and suppress fires under the jurisdiction of the State Forester on a more timely and effective basis than any other assets or resources in the state; and WHEREAS the Cooperator can more adequately carry out this function if additional equipment and technical assistance is available; and WHEREAS the State Forester may have a limited number of units of firefighting equipment that can be made available to fire associations, fire districts, and incorporated fire departments involved in fire suppression; and WHEREAS it has been determined to be advantageous to the State Forester in the proper discharge of his responsibilities to make certain equipment available to the Cooperator; NOW THEREFORE, the parties to this Agreement do hereby agree as follows: A. THE STATE FORESTER AGREES: 1. To make available organizational assistance, technical training and other expertise as available on his staff; 2. To provide State Forester’s and other wildland fire training resources and funding when deemed available by the State Forester; 3. To provide State resources and resources under State agreement to the Cooperator for wildland fire suppression, pre-suppression, and for unplanned all-risk emergencies within the Cooperator’s boundary or service area when requested by the Cooperator and deemed available by the State Forester. Per A.R.S. § 37-1305(H), the State Forester may require reimbursement for cost incurred for these requested resources. The State Forester will determine as soon as practical after each request, the need for reimbursement. This determination will be based upon one or more of the following factors; the type of request, resources furnished, jurisdiction, land ownership, threat, state or federal emergency declaration status, and the actual costs of those resources to the State.; 4. To pay and reimburse the Cooperator, out of State Forestry allocated funding, for fire suppression activities, equipment and manpower at the rates established per the Cooperative Fire Rate Agreement (FM104) on file with the State Forester; provided, however, that payment shall be made only for such activities on lands outside the Cooperator's established boundaries or service area when requested by the State Forester; 5. That the Cooperator may refuse to furnish manpower and equipment when requested by the State Forester if by so doing it would reduce the Cooperator's resources to a level where it could no longer maintain an adequate level of fire protection on lands within its boundary or service area; 6. To make available such firefighting and training equipment as can be obtained and is suitable for the use of the Cooperator in fire management work and wildland fire training; 7. That title to all accessories, tools, equipment, sirens, etc., which the Cooperator adds or attaches to state equipment provided by the State Forester will remain the property of the Cooperator and the Cooperator shall remove same prior to returning same equipment to the State Forester; 8. To pay and reimburse the Cooperator, out of State Forestry allocated funding, for instructors conducting approved fire training instruction, at the State Forester’s request and at the rate for instructors included in the Arizona State Forester’s Emergency Pay Plan plus travel expenses, if applicable, at the approved state rates; 9. That no reimbursement for loss, damage or destruction of equipment due to ordinary wear and tear will be made; 10. To provide necessary forms as needed by the Cooperator in executing his responsibilities under this Agreement; 11. To the extent possible, to assist the Cooperator in ordering and obtaining fire training material and equipment through the federal supply system (GSA, NWCG, & NIFC); 12. That the Cooperator may purchase wildland firefighting equipment and supplies through the State Forester's procurement system. B. THE COOPERATOR AGREES: 1. To respond to and engage in fire suppression actions on all wildland fires on State and Private lands within the Cooperator’s boundary or service area as set forth in attached Appendix A at the Cooperator's expense; 2. To respond and engage in wildland fire suppression, pre-suppression, and for unplanned all-risk emergencies upon lands under the jurisdiction of the State Forester located outside the Cooperator's boundary or service area as set forth in attached Appendix A at such time and with equipment and manpower available as requested by the State Forester; 3. To maintain and make available for use at the request of the State Forester manpower and equipment subject to the provisions of the Cooperative Fire Rate Agreement (FM 104); 4. To accept direction and supervision by the State Forester or his duly authorized representatives while engaged in suppression or other activities at the State Forester's request; 5. To submit a State Forester's Arizona Individual Wildland Fire Report (Wild-RPT-1) within 15 days, for each wildland fire that the Cooperator responds to outside their jurisdiction, on which they are the incident commander; 6. To provide the State Forester with a summary report on all known wildland fires inside their jurisdiction on a calendar year basis by February 1st of each year; 7. That if the Cooperator agrees to provide approved wildland firefighting training courses at the State Forester’s request, the courses will meet the standards set by the National Wildfire Coordinating Group for the Wildland and Prescribed Fire Qualification System; 8. To provide to the State Forester, for approved training courses, a summary report on courses provided, number of students trained, and number of fire departments represented on a calendar year on a quarterly basis; 9. To participate to the extent possible in fire prevention activities within their boundary or service area as requested by the State Forester; 10. To submit claims for reimbursement to the State Forester within thirty (30) days after release of its manpower and/or equipment in the manner and form prescribed by the State Forester; 11. To submit claims for reimbursement to the State Forester within thirty (30) days after completion of authorized training courses in the manner and form prescribed by the State Forester; 12. To maintain wildland fire training qualifications as set forth by the State Forester; 13. To accept and use equipment obtained from the State Forester pursuant to this agreement ("Assigned Equipment"); 14. To maintain the Assigned Equipment in operable condition and state of readiness, and promptly report any loss or damage of such equipment to the State Forester; 15. To obtain prior approval for any planned alterations of the Assigned Equipment from the State Forester; 16. To provide adequate shelter from the weather elements for the Assigned Equipment; 17. Upon request, to promptly provide the State Forester with a report of the condition of Assigned Equipment; 18. That the Assigned Equipment may not be sold, transferred, loaned or otherwise disposed of, or traded, but must be returned to the State Forester unless part of the Firefighter Program (FFP) through the Department of Defense and US Forest Service and the agreement there of; 19. To require any contractors or subcontractors of the Cooperator operating under this Agreement to maintain the following minimum insurance coverage. Insurance Requirements for Any Contractors Used by a Party to the Agreement: The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in this Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Cooperator or its contractors or subcontractors from liabilities that might arise out of the performance of the work under this Agreement by the Cooperator, its agents, representatives, employees, contractors or subcontractors, and Cooperator and its contractors and subcontractors are free to purchase additional insurance. A.MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. The term “Contractor” throughout this Section 19 refers only to a contactor or subcontractor of the Cooperator, if any. None of the obligations under this Section 19, other than the duty of the Cooperator to provide a Certificate of Insurance under Section 19.1 are applicable to the Cooperator. 1.Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability. ●General Aggregate $2,000,000 ●Products – Completed Operations Aggregate $1,000,000 ●Personal and Advertising Injury $1,000,000 ●Damage to Rented Premises $ 50,000 ●Each Occurrence $1,000,000 a.The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. b.Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor. 2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. ●Combined Single Limit (CSL) $1,000,000 a.The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. b.Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor. c.Policy shall contain a severability of interest provision. 3.Worker's Compensation and Employers' Liability ●Workers' Compensation Statutory ●Employers' Liability Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000 a.Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor. b.This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. § 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B.ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed (Blanket Endorsements are not acceptable) to contain, the following provisions: 1.The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary insurance and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S § 41-621 (E). 2.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the IGA. C.NOTICE OF CANCELLATION: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to the State of Arizona. Such notice shall be sent directly to the Department and shall be sent by certified mail, return receipt requested. D.ACCEPTABILITY OF INSURERS: Contractors insurance shall be placed with companies licensed in the State of Arizona. Insurers shall have an “A.M. Best” rating of not less than A- VII or duly authorized to transact Workers’ Compensation insurance in the State of Arizona. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E.VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative. All certificates and endorsements (Blanket Endorsements are not acceptable) are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. F.SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. G.APPROVAL: Any modification or variation from the insurance requirements of this Section 19 must have prior approval from the State of Arizona Department of Administration, Risk Management Division, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H.EXCEPTIONS: In the event the Cooperator, Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance or other Certificate of Insurance to the State Forester’s Office as the Agent of the State of Arizona. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. 20. INDEMNIFICATION: Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. In addition, if and only if the Cooperator uses contractors or subcontractors, which decision the Cooperator may make in its sole and absolute discretion, the Cooperator shall cause its contractor(s) and subcontractors, if any, to defend, indemnify, and hold harmless the State of Arizona, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, reasonable attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the Cooperator’s contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims to the extent arising from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. IT IS MUTUALLY AGREED: 1. That every obligation of either Party under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation; if funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by either Party at the end of the period for which funds are available. No liability shall accrue to either Party in the event this provision is exercised, and neither Party shall be obligated or liable for any future payments for any damages as a result of termination under this paragraph. 2. That the Cooperator will be hired and reimbursed, for suppression or other activities, as set forth in the "Cooperative Fire Rate Agreement" (FM104) as agreed to and attached as exhibit "B". This Cooperative Fire Rate will be part of the general Cooperative Agreement and attached at a later date and prior to hiring. 3. The equipment issued by the State Forester will be painted and identified and marked in a manner that will indicate the cooperation between the Cooperator and the State Forester, unless the equipment was acquired through the Firefighter Program and the title has been passed to the cooperator; 4. If the equipment is not used as provided by this agreement, the State Forester may remove said equipment upon written notification. 5.Amendments: This agreement may be modified only by a written amendment signed by both parties. However, if mutually agreed, the parties may enter into specific supplemental, written agreements, subject to appropriate approvals, to accomplish the goals of this agreement and to carry out its terms and conditions. 6.Dispute Resolution: In the event of a dispute, the parties agree to arbitrate the dispute to the extent required by A.R.S. § 12-1518. 7.Inspection and Audit of Records: Pursuant to A.R.S. §§ 35-214 and -215, to the extent that they apply, the Cooperator shall retain all books, accounts, reports, files and other records ("Records") relating to this agreement for a period of five years after completion of the contract. All records shall be subject to inspection and audit by the State Forester at all reasonable times. Upon request, the Cooperator shall produce the original of any and all such records at the offices of the State Forester. 8.Cancellation for Conflict of Interest: Pursuant to A.R.S. §§ 38-511, the either Party to the Agreement may, within three years after its execution, cancel this contract, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to this contract in any capacity, or a consultant to any other party to this contract with respect to the subject matter of the contract. The cancellation shall be effective when written notice from the Governor is received by all other parties to the contract of the cancellation, unless the notice specifies a later time. 9.Nondiscrimination: The parties agree to comply with Arizona Governor's Executive Order 2009-09 - “Prohibition of Discrimination in Contracts Non-Discrimination in Employment by Government Cooperators and Subcontractors, Superseding Executive Order 99-4 and Amending Executive Order 75-5.” 10. Third-Party Antitrust Violations: The Cooperator assigns to the State any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the Cooperator toward fulfillment of this Agreement. 11. Notices: All notices required by this agreement shall be in writing delivered to the person and addresses specified below or to such other persons or addresses as either party may designate to the other party by written notice. State Forester: Cooperator: Office of the State Forester ___ Arizona Dept. of Forestry & Fire Mgt. ___ 1110 West Washington, Suite 500 ______________________________________ Phoenix, AZ 85007 ________ 602-771-1400 602-771-1421 fax 12.Immigration Compliance: Cooperator warrants its compliance with all federal immigration laws and regulations that relate to their employees and its compliance with § 23-214, subsection A, and the compliance of any of its contractors or subcontractors. A breach of this warranty shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract. The State retains the legal right to inspect the papers of any Cooperator, contractor or subcontractor employee who works on the contract to ensure that the Cooperator, contractor or subcontractor is complying with the warranty. 13.Workers’ Compensation: For purposes of workers’ compensation, an employee of a Party to this Agreement, who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of another Party pursuant to this Agreement, is deemed to be an employee of both the Party who is the primary employer and the Party under whose jurisdiction or control or within whose jurisdictional boundaries they are then working, as provided in A.R.S. §23-1022(D). The primary employer of such employee shall be solely liable for payment of workers’ compensation benefits for the purpose of this section. Each Party herein shall comply with the provisions of A.R.S. §23-1022(E) by posting the notice required. 14.Term: This Agreement will continue (10) ten years from the effective date, unless terminated by either party by (30) thirty days written notice to the other. At the termination of this Agreement, each party shall return to the other party any equipment belonging to that party. 15.Compliance with Laws: The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. In WITNESS WHEREOF the parties by and through their duly qualified acting officials have hereunto set their hands. COOPERATOR: (Print Name) Signature Title _______________________________ Date STATE FORESTER: _Thomas A. Torres___________ ____ Print Name Signature State Forester___________________ Title Date Arizona Department of Forestry and Fire Management Resource Rate Agreement 1.Ordering Office 4. Agreements Arizona Dispatch Center 2901 W Pinnacle Peak Rd Phoenix, AZ 85027 623-582-0911Fax: 623-445-0288 STATE OF ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT FD-23-0223-ASF-SFO UNITED STATES DEPARTMENT OF THE INTERIOR BLM, ARIZONA STATE AGN AAA090010 NPS, INTERMOUNTAIN REGION P18PG00141 BIA, WESTERN AND NAVAJO REGIONS A18AC00018 NAVAJO. A16AC00040, WESTERN F&W SERVICE, SOUTHWEST REGION 18FF02R03000A002 UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE, SOUTHWEST REGION 18-Fl-110 31600-005 2.Billing Office Arizona Department of Forestry and Fire Management 1110 W Washington St, Suite 100 Phoenix, AZ 85007 602-771-1400Fax: 602-771-1421 3.District Offices 5. Tax ID: 86-6004791 DUNS No. 809037042 Northern District AZ-A1S Northeast District AZ-A2S Southeast District AZ-A3S Central District AZ-A4S Northwest District AZ-A5S State Foresters Office AZ-A7S Arizona Dispatch Center AZ-ADC 6. Effective Dates Beginning 04/01/2023 Ending 04/01/2024 7. Item Description 8. Staffing 9. Hourly/Daily Rate 10. Comments Type 3 Engine 4 – 5 $126.00 - Hourly Type 6 Engine 3 – 4 $85.00 – Hourly FEPP Type 3 4 – 5 $74.00 – Hourly FEPP Type 6 3 – 4 $41.00 – Hourly Sedans – All $78.00 – Daily Pickup Compact $80.00 – Daily Pickup ½ Ton $96.00 – Daily Includes Service Bodies Pickup ¾ Ton $125.00 - Daily Includes Service Bodies Pickup 1 Ton $140.00 – Daily Includes Service Bodies Compact SUV $92.00 – Daily ½ Ton SUV $99.00 – Daily ¾ Ton SUV $119.00 - Daily 7 Passenger Van $82.00 – Daily Minivan 8 Passenger Van $105.00 – Daily Full-size Van Extended to May 31, 2024 SK IBA Arizona Department of Forestry and Fire Management Resource Rate Agreement 7. Item Description 8. Staffing 9.Hourly/Daily Rate 10. Comments 12 – 15 Passenger Van $121.00 – Daily ATV Regular $75.00 – Daily ATV/UTV Large $100.00 - Daily Crew Buggy $205.00 – Daily FEPP Crew Buggy $185.00 – Daily Medium Duty Truck 1 ½ Ton $129.00 – Daily Medium Duty Truck 2 Ton $140.00 – Daily Medium Duty Truck 2 ½ Ton $152.00 - Daily Chipper Truck $140.00 - Daily 10” Chipper $160.00 - Daily 14” Chipper $175.00 - Daily 15” Chipper $180.00 - Daily 18” Chipper $385.00 - Daily Type 2 DOC Crew – Includes Officers 18-22 $7,000 - Daily SPECIAL PROVISIONS Incident Duration •When available and called upon for an interagency assignment, the home unit agency agrees to a commitment up to 14 days, excluding travel. Extensions beyond the 14-day assignment can be granted only with home unit agency approval as well as incident agency approval. Any action by personnel or their department to rotate manpower or equipment before the end of this time period without proper approval from the incident will be at the home unit's expense. Rotation must be coordinated with the home unit and the appropriate dispatch centers. Personnel •Personnel Time for resources will be documented on a Crew Time Report (SF-261) and recorded on an Emergency Firefighter Time Report (OF-288) by the incident. •Personnel are covered by agency provided workers compensation. •Personnel should be able to provide a copy of their current incident qualifications card on all interagency incidents. •State personnel are entitled to hazard pay for fighting fire on an uncontrolled fire only. Arizona Department of Forestry and Fire Management Resource Rate Agreement Equipment •All equipment hourly rates and daily rates do not include personnel rates. •Daily rates-payment will be made on the basis of calendar days. For fractional days at the beginning and end of time under hire payment should be 50% of the daily rate for periods of less than 8 hours, and full day rate for periods of more than 8 hours. •Equipment use should be documented on an Emergency Equipment Shift Ticket (OF-297) and recorded on an Emergency Equipment Use Invoice (OF-286) by incident personnel. Payment will be for work and travel hours. DFFM equipment remains in paid status during meal breaks. •Equipment and staffing will meet or exceed NWCG Standards and 310-1. Operating supplies are to be provided by the home unit. •Home unit will not be reimbursed if the equipment leaves the incident without being released by the incident. The home unit shall bear all costs of returning equipment and operator(s) to the point of hire. Claims •Claims for damages and loss, which occur at the incident, should be documented with the incident at the time they occur, or prior to demob. All equipment damaged in the firefighting effort is the responsibility of the ordering agency. Payment Package Information ●Arizona State is the paying unit regardless of the jurisdiction of the fire. Due to State of Arizona policy, resources must be given original scans of original financial documents to include at a minimum OF-288s and OF-286s, Shift Tickets and CTRs are optional inclusions. Shannon Kelly 04/01/23 Name Date Incident Business Officer Signature Title RESOLUTION NO. 2024-27 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE FORESTER (ARIZONA DEPARTMENT OF FORESTRY) RELATING TO MUTUAL ASSISTANCE FOR WILDLAND FIRES AND TRAINNG/TECHNICAL COOPERATION. WHEREAS, the Town desires to cooperate with the State Forester/Arizona Department of Forestry, a Department of the State of Arizona, to assure for mutual aid relating to wildland fires; and WHEREAS, the Town has a duly constituted fire department to assist the State Forester in wildland fire suppression; and WHEREAS, the State Forester/Department of Forestry has certain technical expertise and training resourses that can benefit the Town. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (the "Agreement"), in substantially the form attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this day of , 2024. [Signatures on following page] FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda 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: Approval of Resolution 2024-23 approving the Third Amendment to the Intergovernmental Agreement with the Flood Control District of Maricopa County for the Golden Eagle Park Dam Debris Mitigation (D6057) Improvement Project. Staff Summary (Background) Golden Eagle Park lies in the flood impoundment area of Golden Eagle Park Dam. Previous flooding at the Park (particularly during storm events of Oct. 2, 2018 and of Sept. 23, 2019) have demonstrated the need for drainage improvements within the Park. J.E. Fuller prepared the "Golden Eagle Park Drainage Improvements Study, Technical Report" and presented its findings to the Town Council on 1-21-20 (Item 4.0 on that agenda). A contract with J.E. Fuller for the design of the recommended Phase 1 Drainage Improvements (primarily, accumulated sediment removal and grading enlarged drainage channels through the Park) was approved by the Town Council on 3-3-2020, and amended on 1-4-2022. Town staff submitted a proposal to the Flood Control District of Maricopa County under its Small Projects Assistance Program in Oct. 2019, for the portion of the drainage improvements project that will improve the protection of the dam and downstream residences, including: Removal of accumulated sediment from the drainage channels near the dam. Removal of the inlet (Park side) steel access barrier at the Auxiliary Principal Outlet Structure (a 10' x 4' reinforced concrete box culvert through the dam). Removal of the drop inlet approach to that Structure. Regrading (lowering) the drainage channels near the dam (possible due to removal of the drop inlet approach). Placing debris catching features, such as bollards, upstream from the Outlet Structures. Constructing a sediment drop basin near the dam. FCDMC approved the Town's funding application in Oct. 2019. On April 7, 2020, Town Council approved Resolution 2020-14, adopting an IGA, which provided the legal basis for the FCDMC's participation in the project work - FCDMC will fund 75% of the fundable project costs during a two-year period (estimated to total $121,000; FCDMC participation is estimated to be $90,750. The funding period was from July 1, 2020 to June 30, 2022. The IGA specifically excluded FCDMC funding for various work (including R/W acquisition, permitting, construction management, O&M, landscaping, aesthetic features, and utilities). The Town was responsible for all other project costs, and for the operation and maintenance of the project features after their completion. During the project design phase, Town staff changes and scope modifications resulted in a schedule delay. The Town requested additional time from the Flood Control District, to allow the Town to complete the project construction within the funding period. The Flood Control District agreed to extend the construction funding period for 1 year, extending the deadline from June 30, 2022 to June 30, 2023. On May 3, 2022, Council adopted Amendment One to the IGA which extended the deadline, and represented the only modification to the IGA. On May 15, 2023, Council adopted Amendment Two to the IGA, again extending the deadline from June 30, 2023 to June 30, 2024 due to a delay related to extensive review comments from the Arizona Department of Water Resources (ADWR). During the last year, the Arizona Department of Water Resources (ADWR) continued their review of the plans, which were addressed by the design consultant. This review cycle extended longer than expected, and delayed the design completion. The Contractor is working towards completion of the 100% construction plans, and construction will not be complete by June 30, 2024. The Flood Control District of Maricopa County has agreed to extend the construction deadline by an additional year, from June 30, 2024 to June 30, 2025, and Amendment Three to the IGA establishes this time extension. Related Ordinance, Policy or Guiding Principle Town of Fountain Hills Ordinance 16-02 amended Fountain Hills Town Code Chapter 14, which addresses flood damage prevention relating to floodplain management. Risk Analysis Not approving this IGA would result in the Town missing the deadline for construction completion, and the Town would then have to fund the FCDMD portion of the project costs for the "Golden Eagle Park Dam - Debris Mitigation Improvements", currently estimated to be $90,750, in addition to all of its other proposed costs for upgrading the drainage facilities at Golden Eagle Park. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff Recommends approval of Resolution 2024-23. SUGGESTED MOTION MOVE to adopt Resolution 2024-23. Fiscal Impact Fiscal Impact:$30,250 Budget Reference: Funding Source:CIP If Multiple Funds utilized, list here: If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Res 2024-23 IGA - Amendment 3 - Golden Eagle Park Dam Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 04/22/2024 04:06 PM Finance Director David Pock 04/23/2024 08:16 AM Town Attorney Aaron D. Arnson 04/23/2024 08:52 AM Town Manager Rachael Goodwin 04/25/2024 02:12 PM Form Started By: David Janover Started On: 04/18/2024 02:20 PM Final Approval Date: 04/25/2024 RESOLUTION NO. 2024-23 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, ADOPTING AMENDMENT THREE TO AN INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RELATING TO THE DESIGN, RIGHTS-OF- WAY, ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE OF THE GOLDEN EAGLE PARK DAM-DEBRIS MITIGATION IMPROVEMENT RECITALS: WHEREAS, by Resolution 2020-014 the Mayor and Town Council of the Town of Fountain Hills (the “Town”) approved an Intergovernmental Agreement with the Flood Control District of Maricopa County (the “District”) relating to design, rights-of-way, acquisition, utility relocations, construction, construction management, and operations and maintenance of the Golden Eagle Park Dam – Debris Mitigation Project (the “Agreement”); and WHEREAS, by Resolution 2022-017 the Town approved Amendment One to the Intergovernmental Agreement extending the completion date; and WHEREAS, by Resolution 2023-018 the Town approved Amendment Two to the Intergovernmental Agreement extending the completion date; and WHEREAS, the Town and the District desire to amend the Agreement to further extend the completion date. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves Amendment Three to the Intergovernmental Agreement (the “Agreement”), attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of Amendment One to the Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 21st day of May, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: __________________________________ ____________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk RESOLUTION NO. 2023-23 PAGE 2 REVIEWED BY: APPROVED AS TO FORM: __________________________________ ____________________________________ Rachael Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION NO. 2023-23 PAGE 3 EXHIBIT A AMENDMENT THREE TO THE INTERGOVERNMENTAL AGREEMENT IGA FCD 2020A010C PCN 699.21.31 PAGE 1 OF 5 AMENDMENT NO. 3 to Intergovernmental Agreement 2020A010 for the Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction Management and Operation and Maintenance of the Golden Eagle Park Dam-Debris Mitigation Improvement Project between the Town of Fountain Hills and the Flood Control District of Maricopa County IGA FCD 2020A010C Agenda Item _________ This Amendment No. 3, also known as Intergovernmental Agreement (IGA) FCD2020A010C to IGA FCD 2020A010 is entered into by and between the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors (the “DISTRICT”), and the Town of Fountain Hills, a municipal corporation, acting by and through its Mayor and Town Council, (the “TOWN”). The TOWN and the DISTRICT are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER. This Amendment shall become effective as of the date it has been executed by all PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) § 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The TOWN is empowered by A.R.S. § 9-240(B), as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. BACKGROUND 3. On October 19, 2022 the Board of Directors of the DISTRICT (the Board) adopted Resolution FCD 2022R003 (C-69-23-013-X-00) authorizing the DISTRICT to cost-share in projects recommended under the DISTRICT’s Small Project Assistance Program. IGA FCD 2020A010C PCN 699.21.31 PAGE 2 OF 5 4. On July 22, 2020, the Board approved IGA FCD 2020A010 authorizing the DISTRICT and the TOWN to cost-share in the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT). 5. On June 8, 2022, the Board approved Amendment 1of IGA FCD 2020A010A authorizing a time extension for the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT). 6. On June 28, 2023, the Board approved Amendment 1of IGA FCD 2020A010B authorizing a time extension for the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT). 7. Due to a delay in the construction start of PROJECT, the TOWN has requested and the DISTRICT has agreed to extend the completion date from June 30, 2024 to June 30, 2025. PURPOSE OF THE AGREEMENT 8. The purpose of this Amendment is to extend the PROJECT construction and funding from June 30, 2024 to June 30, 2025. TERMS OF AGREEMENT 7. The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $121,000 but is subject to change without amendment to this Agreement. 8. The DISTRICT shall: 8.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION COST incurred and invoiced between July 1, 2021 and June 30, 2025, with the funding from the DISTRICT limited to a maximum of $500,000 in accordance with the DISTRICT’s Small Project Assistance Program. The DISTRICT’s current estimated funding share is $90,750. 9. The TOWN shall: 9.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed by the DISTRICT, making the TOWN’s estimated PROJECT DESIGN AND CONSTRUCTION COST share $30,250; and TOWN will fully fund all PROJECT costs for any work completed and invoiced before July 1, 2021 or after June 30, 2025. 9.2 Invoice the DISTRICT as follows: 9.2.1 After the construction contractor has mobilized and then started construction activities, the TOWN may invoice the DISTRICT for one-half (1/2) of its share of the PROJECT DESIGN AND CONSTRUCTION COST. 9.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no later than June 30, 2025, prepare a final accounting including change order costs not previously paid, and invoice the DISTRICT for the remainder of its share of IGA FCD 2020A010C PCN 699.21.31 PAGE 3 OF 5 the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date. 10. This Amendment IGA 2020A010C governs where terms conflict with the original IGA FCD 2020A010, Amendment 1 2020A010A and Amendment 2 2020A010B. However, the original IGA FCD 2020A010 is applicable unless specifically changed by this Amendment. The paragraph numbering in this Amendment is coincidental and is not intended to indicate that these same numbered paragraphs in the original IGA FCD 2020A010 are being replaced in their entirety. 11. This Amendment shall expire either (a) one year from the date of execution by all PROJECT PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding obligations and reimbursements associated with this Agreement, whichever is the first to occur. However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly stated in this Agreement. The operation and maintenance and indemnification provisions of this Agreement shall survive the expiration of this Agreement. 12. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and that it is in proper form. 13. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this Agreement shall be renegotiated at the written request of either PROJECT PARTNER. IGA FCD 2020A010C PCN 699.21.31 PAGE 4 OF 5 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Chief Engineer and General Manager Date Approved and Accepted: By: Chairman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Amendment No. 2 FCD 22020A010C to Intergovernmental Agreement FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona. General Counsel Date IGA FCD 2020A010C PCN 699.21.31 PAGE 5 OF 5 TOWN OF FOUNTAIN HILLS A Municipal Corporation Approved and Accepted By: Town Mayor Date Attest: By: Town Clerk Date The foregoing Amendment No. 1 FCD 2020A010C to Intergovernmental Agreement FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Town of Fountain Hills under the laws of the State of Arizona. Town Attorney Date ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of the First Amendment to the Active Transportation Plan. Staff Summary (Background) When the layout and development of the Fountain Hills community began in 1970, there was minimal emphasis placed on non-vehicular transportation. As the Town has grown, the Mayor, Town Council, and citizens have seen the need to provide safe and efficient means for walking, biking, and hiking in the community. Active transportation refers to multimodal transportation solutions that connect people of all ages and abilities to where they need to go using active modes such as walking, bicycling, and hiking. Walking also includes using a wheelchair or other assistive device, and bicycling includes using regular pedal bikes, electric-assist bicycles (e-bikes), tricycles, or adaptive bicycles. The Mayor and Town Council Adopted the Active Transportation Plan (ATP) on June 15, 2021. The adopted plan included a short-range sidewalk infill plan; this plan has been used to make incremental improvements to the sidewalk system over the last five years, and now needs to be updated as most of the locations identified on the plan have been addressed. The Town of Fountain Hills Public Works Department is responsible for long-range transportation planning. Planning activities are carried out in a continuing, cooperative, and comprehensive manner. The Fiscal Year 2024 Capital Improvement plan defines tasks and anticipates funding requirements for the planning activities related to the Active Transportation Plan. Since this build-out network will take many years to complete, the ATP also identifies a priority network of pedestrian areas to focus the Town’s efforts in the near-term. These priority networks provide links to key destinations, support existing and future walking, biking, and hiking activity areas, and equitably serve the Downtown and neighborhoods. To have a more comprehensive plan for non-vehicular transportation needs, and to provide a tool to use in budgeting and applying for grants, the Plan requires periodic updates that reflect the changing needs of the community. needs of the community. The Amendment for consideration tonight includes updating the short-range sidewalk infill plan to include prioritized areas identified by the Mayor, Town Council and citizens, and includes the Downtown area and a small section in the southeast section of the Town. As a reminder, the Active Transportation Plan (ATP) is a comprehensive guide outlining the vision for active transportation in the Town of Fountain Hills and serves as a roadmap for achieving that vision. The ATP envisions a complete, safe, and comfortable network of trails, sidewalks, and bikeways that serves all residents. This plan seeks to achieve the following goals: Achieve a connected, safe, accessible, and comfortable network for pedestrians, bicyclists, and trail users. Improve roadway safety for people walking, biking, and hiking. Fill key gaps in Fountain Hills walking and bicycling networks Equitably improve the safety and perceived safety of walking and bicycling in Fountain Hills Related Ordinance, Policy or Guiding Principle 2020 Fountain Hills General Plan 2021 Fountain Hills Active Transportation Plan 2022 Fountain Hills Strategic Plan Risk Analysis Not approving the Amendment will have a negative impact on grant opportunities, and delay Capital Improvement Projects. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the First Amendment to the Active Transportation Plan. SUGGESTED MOTION MOVE to approve the First Amendment to the Active Transportation Plan. Fiscal Impact Fiscal Impact: Budget Reference: Funding Source: If Multiple Funds utilized, list here:Capital Projects fund, Grants, Eagle Mountain HOA Budgeted: if No, attach Budget Adjustment Form: Fiscal Impact:N/A Budget Reference:N/A Funding Source:N/A If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Sidewalk infill map Active Transportation Plan Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 05/07/2024 02:33 PM Finance Director David Pock 05/08/2024 11:01 AM Town Attorney Aaron D. Arnson 05/13/2024 11:15 AM Town Manager Rachael Goodwin 05/14/2024 02:23 PM Form Started By: Justin Weldy Started On: 05/06/2024 04:12 PM Final Approval Date: 05/14/2024 99 SIDEWALKSThe Town of Fountain Hills was initially developed without the incorporation of sidewalks as an integral or required part of the Town. Since incorporation in 1989, the Town quickly realized that sidewalks are a necessary component of the street network and their inclusion became required. There are areas of the Town that are lacking integrated sidewalks and connectivity to the overall multi-modal corridors within the Town. To address this issue the Town staff developed a sidewalk plan that identified all existing and proposed sidewalks throughout the Town. The plan provided the Town with a phased implementation approach of new sidewalk additions. It identified the highest priority areas based upon known gaps in the existing sidewalk system that needed to be addressed within a five year window. The other identified sidewalk connections or extensions that were not as critical were to be completed over an extended period of time beyond the priority areas (See figure 6). BIKE LANES AND BIKE ROUTES The Town currently has both designated Bike Lanes and Bike Routes within the Town and is continually linking to these designated routes. • Principal Arterials – Shea Blvd. is striped and marked for both east and west bound bicycle lanes. Shea Blvd. has limited sidewalk continuity along the Town’s frontage. There is a section of sidewalk along Shea Blvd.’s northern edge between Palisades Blvd. and Fountain Hills Blvd. Additionally, on the eastern end of the corridor, there are segments of sidewalk on both the north and south sides of Shea Blvd. between Technology Dr. and the end of the commercial district on the south side of Shea Blvd. at approximately N. Firebrick Dr. • Minor Arterials - Palisades Boulevard, Fountain Hills Boulevard, McDowell Mountain Road, Saguaro Boulevard and portions of Golden Eagle Boulevard are striped for one lane of automobile traffic in each direction and are able to accommodate a striped edge lane in each direction that serves as a designated bike lane, but in many areas is not marked as such. These minor arterials have intermittent sidewalk connectivity due to the random nature of private development along these corridors. • Collectors - Kingstreet Blvd., Palomino Blvd., Glenbrook Blvd., El Pueblo Blvd., N. Boulder Dr., E. Golden Eagle Blvd., Desert Canyon Dr., Sunridge Dr., Eagle Ridge, E. Palomino, La Montana, and El Lago Blvd. are also striped for one lane of automobile traffic in each direction with the remaining roadway area Section 22 CHARTERSCHOOL FOUNTAIN HILLSMIDDLE SCHOOL EVIT FOUNTAIN HILLSHIGH SCHOOL McDOWELLMOUNTAINSCHOOL BOY'S &GIRL'SCLUB FHSDWASTEWATERFACILITIES SUNRIDGECANYONPARK FUTURE SCHOOLSITE FUTURE SCHOOLSITE McDOWELL MOUNTA I N R O A D BEELINE H I G H W A Y STATE ROU T E 8 7 FOUNTA I N H I L L S B L V D GOLDEN E A G L E B L V D GO L D E N E A G L E B L V D PALISADE S B L V D SAGU A R O B L V D PALI S A D E S B L V D PALISADES B L V D FOUN T A I N H I L L S B L V D SHEA BLVD SAGU A R O B L V D SHEA BLVD SAGUA R O B L V D McDOWELL MOUNTA I N R O A D STATE ROU T E 8 7 BEELINE H I G H W A Y SAG U A R O B L V D SHE A B L V D SAGUA R O B L V D PALISAD E S B L V D SUN R I D G E D R FOU N T A I N H I L L S B L V D SUN R I D G E D R SUN R I D G E D R PALIS A D E S B L V D GO L D E N E A G L E B L V D PALI S A D E S B L V D SHEA BLVD PALISADES BLVD FOUNTAIN H I L L S B L V D SAGUARO FUTURE SCHOOLSITE FOUNTAINPARK GOLDEN EAGLEPARK FOUR PEAKSNEIGHBORHOODPARK DESERT VISTAPARK TOWNHALL LIBRARY/COMMUNITYCENTER STREETYARD KIWANISPARK DESERTSONORANBOTANICALGARDEN FIRE STATIONNO. 2 ADERO CANYONTRAILHEAD GOLDEN EAGLETRAILHEAD FIRE STATIONNO. 1 BASHAS FHOFF-ROAD SAFEWAY FRY'S TARGET LAKE OVERLOOKTRAILSUNRIDGECANYONGOLF CLUB GOLF CLUBATEAGLE MOUNTAIN FIREROCKCOUNTRY CLUB DESERT CANYONGOLF CLUB PUBLIC WORKS DEPARTMENT TOWN OF FOUNTAIN HILLS,ARIZONA FEET MILES 800'0 0 1/8 2000' 1/4 1/2 SCALE: 1" = 800' All that is Arizona EST.1989 FOUNTAIN HILLS Town of Arizona UPDATED: JULY 2020 A 2 A ADERO CANYONPHASE I FUTURE SIDEWALKSNOT SHOWN FUTURE SIDEWALKSNOT SHOWN 3 3 3 3 33 SIDEWALKSNOT SHOWN SIDEWALKSNOT SHOWN 3 SCOTTSDALE PUBLIC PRIORITY 2: PROPOSED SIDEWALK PRIVATE NOTES: ADDITIONAL SIDEWALKS MAY BE REQUIREDAT NEW DEVELOPMENT PROJECTS. MAJOR COLLECTOR STREETS SEGMENTS (60' PAVEMENT WIDTH)MAY BE NARROWED BY TOWN FOR SIDEWALKS, (EXCEPT NEARMAJOR INTERSECTIONS, POTENTIAL TURN POCKETS, ANDPOTENTIAL MEDIANNED SEGMENTS). PRIORITY 1: 5 YEAR PLAN PROPOSED SIDEWALK SHEA BLVD (PALISADES-SAGUARO) GRANT PROJECTS ADERO CANYON PHASE II* DEVELOPER PROJECTS EAGLES NEST- PARCEL 2 * A 1 2 FUTURE ARIZONA STATE LAND DEPT *3 OTHER PROPOSED SIDEWALK 1 (FORMER ELLMAN DEV. AGREEMENT) ADERO CANYONPHASE IIFUTURE SIDEWALKSNOT SHOWN SHARED-USE PATH SIDEWALK PLANLONG RANGE PLAN SEE: BP 2015-60EA 2013-0090518 3 C C C B B B PALISADES BLVD (FHB-SAGUARO)**B SAGUARO BLVD (FHB-COLONY)**C DAYBREAK*4 4 5 FH MEDICAL CENTER - PHASE 1*5 KEYSTONE*6 6 CASA'S DEL LAGO*7 7 8 PRIVATE S/WW/PUBLIC ACCESS& TRAIL ACCESS SERENITY ESTATES*8 EXISTING SIDEWALK SCOTTSDALE PRIVATELY - OWNEDPUBLIC USAGE PUBLIC PRIVATE LEGEND: **SUBMITTED APPLICATION PENDING ** PROPOSED / FUTURE ON-SITE SIDEWALKS NOT SHOWN EXISTING ROUTE PROPOSED ROUTE URBAN TRAIL-DESIGNATED ROUTE Figure 66 April, 2021 engineering andenvironmental design Town of Fountain Hills Active Transportation Plan 22 Table of Contents Section 1: Introduction & Background 1 Section 2: Inventory & Analysis 6 Section 3: Implementation Strategy 23 APPENDIX 1. Proposed Plant List for Use Adjacent to Sidewalks in Public Right-of-Way i 2. ADOT Supporting Documents ii • ADOT Bike Book Share the Road • ADOT Pedestrian Book Share the Road • English Rack “Be a Roll Model” • ADOT Website for Additional Information 3. Cost Templates iii 4. Survey Monkey Questions and Results ix 33Fountain Hills On The Move Section 1 Introduction & Background 11 Introduction & Background The Town of Fountain Hills (Town) is located in the northeast portion of the Phoenix Valley, within Maricopa County, and is bordered by the McDowell Mountain Regional Park. T he Town is east of the City of Scottsdale, north of the Salt River Pima- Maricopa Indian Community and west of the Fort McDowell Yavapai Nation (See figure 1). The initial property that became the Town of Fountain Hills resulted from a partial sale of the P-Bar Ranch, a working cattle ranch, under the ownership of the Page Land & Cattle Company. Approximately 4,500 acres was split-off in 1968 in a sale to McCulloch Properties, a subsidiary of McCulloch Oil Corporation. In 1970, McCullough Properties Inc. (MCO), after a combination of other land purchases, directed the creation of an approximate 12,000-acre master-planned community. As a result, the company prepared documentation known as the initial “Development Master Plan: Fountain Hills”. The development of Fountain Hills included a variety of residential housing types, commercial and industrial land uses, provisions for schools, churches, a community park and a variety of open space corridors. The founders included, as an attraction for the new community, at that time, the “World’s Tallest Fountain”, christening its namesake on December 15, 1970. Interest in the new community was generated throughout the Midwest and Eastern regions of the country through an innovative “fly to see” program. Prospective buyers were flown to the fledgling community by private aircraft and toured their potential home sites by a Jeep-driving sales force. Initial residential construction began within months, and by February, 1972 residents began living in Fountain Hills. In December, 1989, the Maricopa County Board of Supervisors voted to allow the incorporation of the Town of Fountain Hills after a vote of the citizens determined incorporation was desired. A seven- member Town Council was organized to establish governance for the community. Development continued steadily throughout the 1990s. The land underlying Eagle Mountain, southwest of the Shea Boulevard/ Palisades Boulevard intersection, was annexed in 1991. Communities Southwest Fountain Park Signature Feature 22 Section 11 developed a mixture of approximately 500 residential units and commercial facilities and an 18-hole golf course adjacent to Eagle Mountain. In 2006, the Town Council approved the annexation of an approximate 1,276-acre area of State Trust land that bordered Fountain Hills to the north, increasing the incorporated area of the Town to 13,006 acres. This annexation was the last significant amount of contiguous property that increased the size of the Town. The Town has experienced rapid growth in recent years. From 2000 - 2009, Fountain Hills grew by 29.0%, reaching an estimated 24,812 residents. The Town’s popularity is reflected by its outstanding growth rate, which has historically outpaced the rest of Maricopa County, as well as its neighboring communities. The Town of Fountain Hills (Town) Active Transportation Plan (ATP) is the first active transportation plan developed by and for the Town. The plan will serve as the primary tool for deployment and integration of connected, safe, and comfortable facilities for bicyclists, pedestrians, and other non- motorized modes within the Town. As the area continues to grow and new development comes to the Town, it is important to have a clear vision for a transportation network that meets the needs of all users. This plan focuses on a staged implementation strategy for sidewalk and pedestrian walking areas centered on priority areas as identified by citizens and Town staff. The priorities are broken down as follows: • Priority 1: 5 Year Plan • Priority 2: 10 Year Plan • Priority 3: 15 Year Plan • Priority 4: To Be Determined The sidewalk priority system allows the Town the flexibility needed to rearrange priorities based upon immediate needs and established budgets, as well as the potential for the Town to pursue outside funding sources, such as grants. This approach allows the Town to complete the overall sidewalk and pedestrian connectivity plan while allowing for maximum flexibility. The active transportation plan will assist the Town with long-term multimodal transportation strategies that are built on the framework that transportation networks need to be developed beyond the singular focus of automobiles and be inclusive of other modes of transportation developed for all ages and abilities. The guiding principles of such a transportation network focuses on improving mobility options (sidewalks and bicycle facilities) developed for residents, regardless of age or ability, by prioritizing connectivity to identified destinations. These connections would include evaluating existing transportation routes that can easily accommodate multimodal improvements that are safe, comfortable and appropriate for a wide range of user groups. The Town’s existing bicycle network is more advanced than the existing sidewalks due to the nature of how the Town was developed. The wider streets have allowed bike lanes and routes to be more easily adapted to the current Town streets. That being said, there are still some gaps in the current bicycle network that need to be addressed and there have been identified safety concerns from cyclists that involve several major intersections within the Town relative to the conflicts between cyclists and automobiles. These gaps in connectivity and areas of concern will be broadly addressed in this plan. The Town offers some of the most topographically diverse bike lanes and bike routes in Maricopa County. µ0 0.35 0.7Miles SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY FORT MCDOWELLYAVAPAI NATION Location Map Figure 11 33 Section 11 Connecting these existing Bike Routes and Bike Lanes both within the Town and to the larger regional cycling community offers tremendous potential for the Town to build upon its existing success and continue to improve its designation as one of Maricopa’s premier biking destinations. The plan aims to respond to key concerns of the community and was developed in coordination with citizen and key stakeholder input. The plan seeks to include and embrace the Town’s unique natural environment, while identifying an integrated network of paths, trails, sidewalks, bike lanes, bike routes and shared-use facilities that add to community health and safety, while expanding the existing transportation network. PURPOSE OF THE PLAN: The purpose of the ATP is to provide a blueprint for the Town of Fountain Hills to develop an integrated active transportation network that encourages activity, emphasizes local and regional connectivity, and provides persons of all ages and abilities with transportation choices that go beyond an auto-centric approach. Ultimately, the ATP is an action plan that guides decisions and investments about when, where, why, and how to logically implement the active transportation options in the Town of Fountain Hills. The actions and needs identified in this ATP will strategically address network gaps, support growth, and increase transportation and recreational route options within the Town of Fountain Hills for its residents and visitors. VISION OF THE PLAN: The Town of Fountain Hills is a community with unique natural beauty that offers the potential for an active transportation network for its residents, businesses and visitors. The Town of Fountain Hills envisions an interconnected transportation network with a variety of local and regional connections developed for people of all ages and abilities to connect, walk, bike and move. Such a vision will be achieved through: 1. Pedestrian Facilities: Improved/ connected sidewalks (closing gaps), links to existing shared use paths, and accessible facilities. 2. Bicycle Facilities: Improving connections and signing and striping of existing bike lanes, bike routes, paved shoulders, shared use paths, closing gaps, and making connections to off-street trails. GUIDING PRINCIPLES: Upon completion, the Active Transportation Plan will: 1. Assist the Town in strategically targeting improvements to their non-vehicular transportation system. 2. Provide an approach for future sidewalk routes and connections that close gaps in the current sidewalk infrastructure. 3. Result in walking and biking routes that connect to the Town’s parks, trails and amenities. 4. Provide a method of establishing a strategy of identifying routes of the highest priority areas along with estimated costs of construction so that the Town can seek the necessary governmental approvals, secure funding and establish budgets for improvements every fiscal year. 5. Interconnect existing and proposed park and recreational facilities. 6. Promote improved public health by fostering outdoor recreation activities. 7. Establish a long-term vision for active transportation that promotes and enhances mobility, safety, efficiency, quality of life, connectivity, supports economic development and encourages year-round use by residents and visitors. THE SIX E’S: The 6 E’s provide a framework which recognizes that improved transportation networks are best achieved through a combination of infrastructure and non-infrastructure projects and programs. Together, the 6 E’s can help communities create lasting change for improved active transportation. The 6 E’s are shown below in figure 2 and discussed further on the following page. Figure 22 44 The 6 E’s include: Education: Equipping people with the knowledge, skills, and confidence to participate in active transportation choices including biking, walking and other non-motorized modes. Enforcement: Building safe and responsible behaviors on the road and building respect among all modes of transportation by partnering with local community policing and law enforcement. Encouragement: Fostering a culture that supports and encourages active transportation choices. Engineering: Creating, building and improving the built environments to provide safe, connected and comfortable places for active transportation choices. Equity: Increasing access and opportunity for all residents. Evaluation: Monitoring the success and effectiveness of efforts to improve active transportation choices to assist with planning for the future. GOALS/OBJECTIVES (CATALYSTS): The goals/objectives that guided the drafting of this plan have been to develop a plan that: 1. Seeks to improve connectivity of pedestrians and bicyclists throughout the Town so that seamless interconnections as well as external connections can be advanced. 2. Is continually balanced against ensuring the safety for all of the Town residents and Town visitors relative to their multi-modal transportation selection. 3. Builds upon the economic engine that can be realized when Town residents and visitors can easily traverse the Town utilizing any of the interconnected multi-modal corridors for commerce, retail, or recreation. 4. Establishes both internal and external community and municipality connections providing compatibility between neighborhoods as well as to other communities outside of the Town of Fountain Hills. 5. Continues to build upon the high quality of life that the Town enjoys through the promotion of a healthy lifestyle that includes walking and bicycling as an integral part of being a Town of Fountain Hills resident. 6. Provides a diversity of interconnected experiences and opportunities from ease of getting to commercial and retail developments to a system of interconnected schools, parks, and recreational open space. 7. Is based on a comprehensive community outreach effort and Town Council support. 8. Can easily be used to apply for grants and other funding sources to make planned improvements. 9. Identifies sidewalk/pedestrian connectivity to Town parks, trails and amenities. 10. Closes known gaps and improves signage and striping of existing bike lanes and bike routes with a focus on connectivity to Town parks, trails and amenities. 11. Identifies construction costs to assist with Town budget planning. 12. Identifies a network of interconnected active transportation alternatives to increase accessibility for residents and visitors to navigate the Town without requiring a vehicle. 13. Promote connecting schools to existing Town routes. 14. Helps to continue and builds upon the success of the Fountain Hills Interconnected Trails (FIT). (See figure 3 on page 5). Section 11 Sidewalk Gap Sidewalk Gap Sidewalk Gap 55 Figure 33 Section 11 66Fountain Hills On The Move Section 2 Inventory & Analysis 66 Inventory & Analysis Inventory and analysis was an integral element and essential to the creation of this ATP. Research, site visits, and review of materials shows that sections of the Town of Fountain Hills’ pre-incorporation roadway network were developed utilizing traffic counts and roadway Typical Sections (widths) that overestimated traffic volume projections. S ection 1 of this plan provides a contextual understanding of the Town of Fountain Hills, which includes gaining an understanding of the history of the Town, in order to establish the framework, objectives and goals for the ATP. As part of the planning process, a thorough gathering of information included assembling electronic information balanced against field verification. The information gathered is presented in Section 2. GIS DATABASE The electronic data gathering was focused on assessing the Town’s extensive GIS database relative to components and features that may influence the development of an active transportation plan. This electronic data was reviewed and associated mapping was balanced against a field appraisal of existing conditions to better ascertain the physical and environmental opportunities and constraints associated with each potential active transportation corridor. The GIS Database provided by the Town was extensive and included the following broad areas: • Town Limits • Town Bikeways • Town Trails • Town Parks • Town Zoning • Town Right-of-Way • Town Roadway Classifications • Town Trails • Town Sidewalks (existing and proposed) • Town Aerials EXISTING SYSTEM ANALYSIS The GIS data provided by the Town identified areas of concern that have been physically evaluated. The site field work included review of the known gaps in pedestrian connectivity throughout the Town as well as evaluating connections that are a potential link to Town identified activity centers or areas of known interest as vocalized by local residents. REVIEW REGIONAL CONNECTIONS Surrounding jurisdictions mapping and transportation plans Scottsdale. The City maintains existing multi-use pathways along both the north and the south sides of Shea Blvd., but does not have any on-street bicycle facilities located within Shea Blvd. The north multi- use path along Shea Blvd. swings away from the Shea Blvd. alignment at approximately 1/4 mile east of N. 136th St. veering to the northeast and into a residential Existing ConditionVegetation Encroachment Existing ConditionInert Material Encroachment Existing ConditionSidewalk Gap 77 development. Scottsdale’s multi-use path along the south side of Shea Blvd. follows the alignment of Shea Blvd. and currently terminates at approximately 142nd St. which is roughly 0.7 tenths of a mile west of the Town’s Eagle Mountain Pkwy. East of Eagle Mountain Pkwy, there is an existing sidewalk/pathway located along the south side of Shea Blvd. that terminates at Palisades Blvd (See image on next page). The Town of Fountain Hills and the City of Scottsdale have been working together to try and eliminate the gap in connectivity between the two communities. These multi-use trails are the only bicycle improvements currently shown on any City of Scottsdale bicycle related transportation plans in the vicinity of Shea Blvd. that could provide a direct connection to the Town of Fountain Hills Active Transportation Network. There is a bike route that has been signed and designated by the City of Scottsdale along 145th Way that has a direct pedestrian and bicycle pathway connection (privately owned with public usage) to Eagle Ridge Dr. and the Town’s designated bike lane and public and private sidewalks. This connection is currently the only existing and direct multi-modal linkage between the two municipalities (See figure 4). The City of Scottsdale does have an extensive preserve trail network located throughout the McDowell Sonoran Preserve area that has the potential to provide a direct link to the Town of Fountain Hills’ formal and informal trail system network. Maricopa County Parks. The hiking trails within McDowell Mountain Regional Park are extensive and connections to these from the Town need to continue to be pursued where feasible. There are currently two recreational trails that have a direct link into the Town of Fountain Hills: the Sonoran Trail and the Dixie Mine Trail (See figure 5 on next page). The linkage to the other mountain trails within the park will be more difficult to achieve due to the location of these trails in relationship to the Town’s existing and developing desert trail network. The roadways within the park are frequented by cyclists as the park roadways provide for an elevation change workout often sought by cyclists. That desire adds additional emphasis on the connectivity to the park from Fountain Hills Blvd. to N. McDowell Mountain Rd. and its designated bike lane. Fort McDowell Yavapai Nation. This Community currently does not have any designated trails, bike lanes or bike routes. ADOT. State Route 87 (SR-87) is a state Highway and is maintained by ADOT. SR- 87 is used extensively by the local bicycle community typically between Shea Blvd. and Gilbert Rd. and occasionally extending that use to the Saguaro Lake turnoff. There are special events (Ironman) where SR-87 to Saguaro Lake is one of the routes used for the biking leg of that competition. SR-87 does not have any designated bike lanes or routes, but the cyclists use the paved shoulder of this roadway for that purpose (See image on next page). Section 22 McDowellSonoranPreserve McDowellSonoranPreserve Stagecoach Pass RdCarefree Hwy Sc o t t s d a l e R d 56 t h S t 60 t h S t 68t h S t Ashler Hills Dr Lone Mountain Rd Dixileta Dr Westland Rd Via Dona Rd 76t h S t Dynamite Blvd 56t h S t 64t h S t Pinnacle Vista Dr Jomax Rd Ha y d e n R d Happy Valley Rd Mill e r R d Sco t t s d a l e R d Pinnacle Peak Rd Williams Dr Deer Valley Rd Grayhawk Dr Thompson Peak Pkwy 84th St Pima Rd Dynamite Blvd Pim a R d Hay d e n R d 79th S t Alma S c h o o l P k w y Rio Verde Dr Jomax Rd Ha p p y V a l l e y R d 136 t h S t Alm a S c h o o l R d 93r d S t Los Gatos Dr Sco t t s d a l e R d Central Arizona P r o j e c t C a n a lFrank Lloyd Wright B l v d Paradise Ln Greenway-Hayden Loop Thunderbird Rd Sweetwater Ave Cactus Rd 60 t h S t 64 t h S t Cholla Rd Shea Blvd Gold Dust Ave Mountain View Rd Doubletree Ranch Rd Eastwood Ln McCormick Ranch Pkwy Indian Bend Rd Lincoln Dr McDonald Dr McKellips Rd Desert Mountain PkwyLegend Trail Pkwy Desert Hills Dr Pim a R d Legacy Blvd 94t h S t Thompson Peak Pkwy 98t h S t 10 0 t h S t Frank Lloyd Wright Blvd 108 t h S t 104 t h S t Cholla St 100th St 96t h S t Via Linda Mountain View Rd Via Linda 128 t h S t 120 t h S t 124 t h S t Central Arizona Project Canal 130th St 136 t h S t Shea Blvd Bell Rd Princess Dr Legacy Blvd Hay d e n R d Thunderbird Rd92 n d S t 90t h S t 94th S t 92n d S t 110 t h S t Jackrabbit Rd Chaparral Rd Camelback Rd 68 t h S t Sco t t s d a l e R d 64t h S t Osborn Rd Thomas Rd 68t h S t 60 t h S t Oak St Continental Dr Co l l e g e A v e Sco t t s d a l e R d Mill e r R d Belleview St Ha y d e n R d Ha y d e n R d Gra n i t e R e e f R d Roosevelt St McDowell Rd Oak St Thomas Rd Osborn Rd Indian School Rd Camelback Rd Chaparral Rd Vista Dr Jackrabbit Rd McDonald Dr Rose Ln Lincoln Dr Indian Bend Rd Pim a R d Arizona Canal Arizona Canal 82n d S t Gra n i t e R e e f R d 86t h S t 82n d S t Hayden Rd 87t h S t Gai n e y R a n c h R d Ha y d e n R d Mill e r R d 84t h S t Redfield Rd Raintree Dr Hayden R d Northsight Blvd McDowell Rd Via De Ventura Hayden Rd Palisades Blvd 145th Wy Eagle Ridge Dr Indian School Rd 70 t h S t Crosscut Canal X X X X XX X X XXXXX X X X XX XXXXX X X XX XXXX XXXX X XX X X XXX X XX XX XXXXXX X X X XX X X X X X X XX XXX X XXXX X XX X XX XX XXX XXXXX X X X X X XX X X X XX XXXX XX XX X X X X X X X X X X X X XX X X X X X XX X XXXXXXXX XX XXXXXXXXX X X X XX XX XXXXXXX X X APPROXIMATE SCALE 1 MILE Notice: This document is provided for general information purpose only. The city of Scottsdale assumes no responsibility arising from the use of the information in this document. The city of Scottsdale does not warrant its accuracy, completeness, or suitability for any particular purpose. It should not be relied upon without field verification. TOUR OLD TOWN ON THE MOUNTAIN VISTA BIKE ROUTE The Mountain Vista Bike Route is a 2.3 mile loop that begins and ends at Main Street and Brown Avenue at the famous Banyan Tree. Follow green bike route signs to two more informative stops where mountain views are framed with interpretive panels that tell stories of the mountains on display. The frame that views the McDowell Mountains is located along the south bank of the Arizona Canal between the Marshall Way and Soleri bridges. The Camelback Mountain View frame is located at 68th Street and the Arizona Canal. MOUNTAIN VISTA ROUTE 1 2 3 68 t h S t 69 t h S t Sc o t t s d a l e R d Indian School RdGol d w a t e r B l v d 5th Ave Stets o n D r Ma r s h a l l W a y 5th Ave 3rd Ave 4th Ave 1st Ave Main St 1st St 2nd St Bro w n A v e ROUTE STOPS 1. The Banyan Tree 2. Camelback Mountain View 3. McDowell Mountains View ON-STREET BIKEWAYS — SHARE THE ROAD Be sure to ride defensively, prepare for the unexpected and plan an alternate maneuver to avoid conflict. Rules alone do not always protect bicyclists from injury. Stay alert, make yourself visible and ride predictably. The Arizona Revised Statutes - TITLE 28 TRANSPORTATION - ARTICLE 11 OPERATION OF BICYCLES28-811. Parent and guardian responsibility; applicability of article 28-812. Applicability of traffic laws to bicycle riders 28.813. Riding on bicycles 28.814. Clinging to vehicle 28.815. Riding on roadways and bicycle paths; prohibition of motor vehicle traffic on bike paths 28.816. Carrying article on bicycles 28.817. Bicycle equipment 28.818. Bicycle safety fund Obey Traffic Signals & Signs Like a vehicle, bicyclists must obey all the rules of the road. Ride on the Right Ride on the right with the flow of traffic. Use Appropriate Lanes To proceed straight, move into the through lane early. STOP Beware of Car Doors Stay one car-door length away from parked cars. Use Hand Signals Check over your shoulder, and turn when safe to do so. Use Lights at Night Law requires a white headlight and rear reflector at night. Adding a red rear light is even safer. LEFT RIGHT RIGHTSTOP/SLOW Scan the Road Behind Check behind you regularly, or use a mirror. Wear a Helmet Adults are not required by law to wear a helmet, but it is a good idea to always protect your head when biking. One Person Per Bike Riding double is only permitted with child carriers or tandem bikes. 1 Turning Left: Two Options Make a left turn like a vehicle by looking over your shoulder, signaling and moving into the left turn lane when it’s safe. You may also make a left turn by going to the far side of the intersection, turning your bike and using the roadway or crosswalk. Make Eye Contact Confirm that you are seen.Be Courteous Share the road and the responsibilities. 1 2 BRING YOUR BIKE ON THE SCOTTSDALE TROLLEY Scottsdale’s free trolley system links residents and visitors to entertainment, restaurants, shopping, schools, parks and health services. Riders can transfer between four trolley routes and the regional transit system. To plan your trip, visit ValleyMetro.org. To request a map or learn more, visit ScottsdaleTrolley.com. Signal driver before loading your bike. have a nice day Squeeze handle and pull down rack. Place bike in rack slot.Grasp support arm and pull over tire to secure. Passenger assumes all liability for loading, securing, unloading, theft or damage of bicycle. BICYCLE DETECTION AT INTERSECTIONS Bicycle detection is used at signalized intersections to alert the signal system that a bicycle is approaching and will need to cross the intersection. These intersections also offer extended crossing time for bicyclists. Look for these signs, as well as pavement markings, at various locations around Scottsdale: Bike Lane Bike Route Shared Use Path Unpaved Trail Paved Shoulder Preserve Trail Canal System Crossings (bridges, tunnels, underpasses or enhanced crosswalks) FOR DETAILED PRESERVE TRAIL MAPS: Visit ScottsdaleAZ.gov, search “preserve maps” FOR THE MOST UP-TO-DATE CITYWIDE BIKEWAY, PATH AND TRAIL INFORMATION: Visit ScottsdaleAZ.gov, search “public amenities” BIKE & TRAILS MAPSOUTH OF FRANK LLOYD WRIGHT BLVD Figure 44 88 Section 22 FIELD DATA COLLECTION • Physical Inspection of Known Gaps • Aerial Mapping • Photographs • Town Provided Areas of Concern • Town Provided CIP/Infrastructure Projects Bicycle and PedestrianTrail Connection Existing City of Scottsdale Pedestrian and Bike Route Connection to Town of Fountain Hills 300 ft N➤➤N Image: Link to Scottsdale Trail System Image: Ironman on SR-87 Figure 55 Image: Fountain Park Trail Connections Needed Bicycle and Pedestrian Trail Connection Gap in Linkage between N. 142nd St. and Eagle Mountain Pkwy 2000 ft N ➤➤ N © 2020 Google © 2020 Google © 2020 Google Image: Scottsdale 142nd St to Eagle Mountain Parkway 99 SIDEWALKS The Town of Fountain Hills was initially developed without the incorporation of sidewalks as an integral or required part of the Town. Since incorporation in 1989, the Town quickly realized that sidewalks are a necessary component of the street network and their inclusion became required. There are areas of the Town that are lacking integrated sidewalks and connectivity to the overall multi-modal corridors within the Town. To address this issue the Town staff developed a sidewalk plan that identified all existing and proposed sidewalks throughout the Town. The plan provided the Town with a phased implementation approach of new sidewalk additions. It identified the highest priority areas based upon known gaps in the existing sidewalk system that needed to be addressed within a five year window. The other identified sidewalk connections or extensions that were not as critical were to be completed over an extended period of time beyond the priority areas (See figure 6). BIKE LANES AND BIKE ROUTES The Town currently has both designated Bike Lanes and Bike Routes within the Town and is continually linking to these designated routes. • Principal Arterials – Shea Blvd. is striped and marked for both east and west bound bicycle lanes. Shea Blvd. has limited sidewalk continuity along the Town’s frontage. There is a section of sidewalk along Shea Blvd.’s northern edge between Palisades Blvd. and Fountain Hills Blvd. Additionally, on the eastern end of the corridor, there are segments of sidewalk on both the north and south sides of Shea Blvd. between Technology Dr. and the end of the commercial district on the south side of Shea Blvd. at approximately N. Firebrick Dr. • Minor Arterials - Palisades Boulevard, Fountain Hills Boulevard, McDowell Mountain Road, Saguaro Boulevard and portions of Golden Eagle Boulevard are striped for one lane of automobile traffic in each direction and are able to accommodate a striped edge lane in each direction that serves as a designated bike lane, but in many areas is not marked as such. These minor arterials have intermittent sidewalk connectivity due to the random nature of private development along these corridors. • Collectors - Kingstreet Blvd., Palomino Blvd., Glenbrook Blvd., El Pueblo Blvd., N. Boulder Dr., E. Golden Eagle Blvd., Desert Canyon Dr., Sunridge Dr., Eagle Ridge, E. Palomino, La Montana, and El Lago Blvd. are also striped for one lane of automobile traffic in each direction with the remaining roadway area Section 22 CHARTERSCHOOL FOUNTAIN HILLSMIDDLE SCHOOL EVIT FOUNTAIN HILLSHIGH SCHOOL McDOWELLMOUNTAINSCHOOL BOY'S &GIRL'SCLUB FHSDWASTEWATERFACILITIESSUNRIDGECANYONPARK FUTURE SCHOOLSITE FUTURE SCHOOLSITE McDOWELL MOUNTAI N R O A D BEELINE H I G H W A Y STATE RO U T E 8 7 FOUNTAIN H I L L S B L V D GOLDEN E A G L E B L V D GO L D E N E A G L E B L V D PALISADE S B L V D SAGU A R O B L V D PALI S A D E S B L V D PALISADES B L V D FOUN T A I N H I L L S B L V D SHEA BLVD SAGU A R O B L V D SHEA BLVD SAGUA R O B L V D McDOWELL MOUNTAI N R O A D STATE RO U T E 8 7 BEELINE H I G H W A Y SAG U A R O B L V D SHE A B L V D SAGUA R O B L V D PALISADE S B L V D SUN R I D G E D R FOU N T A I N H I L L S B L V D SUN R I D G E D R SUN R I D G E D R PALIS A D E S B L V D GO L D E N E A G L E B L V D PALI S A D E S B L V D SHEA BLVD PALISADES BLVD FOUNTAIN H I L L S B L V D SAGUARO FUTURE SCHOOLSITE FOUNTAINPARK GOLDEN EAGLEPARK FOUR PEAKSNEIGHBORHOODPARK DESERT VISTAPARK TOWNHALL LIBRARY/COMMUNITYCENTER STREETYARD KIWANISPARK DESERTSONORANBOTANICALGARDEN FIRE STATIONNO. 2 ADERO CANYONTRAILHEAD GOLDEN EAGLETRAILHEAD FIRE STATIONNO. 1 BASHAS FHOFF-ROAD SAFEWAY FRY'S TARGET LAKE OVERLOOKTRAILSUNRIDGECANYONGOLF CLUB GOLF CLUBATEAGLE MOUNTAIN FIREROCKCOUNTRY CLUB DESERT CANYONGOLF CLUB PUBLIC WORKS DEPARTMENT TOWN OF FOUNTAIN HILLS,ARIZONA FEET MILES 800'0 0 1/8 2000' 1/4 1/2 SCALE: 1" = 800' All that is Arizona EST.1989 FOUNTAIN HILLS Town of Arizona UPDATED: JULY 2020 A 2 A ADERO CANYONPHASE I FUTURE SIDEWALKSNOT SHOWN FUTURE SIDEWALKSNOT SHOWN 3 3 3 3 33 SIDEWALKSNOT SHOWN SIDEWALKSNOT SHOWN 3 SCOTTSDALE PUBLIC PRIORITY 2: PROPOSED SIDEWALK PRIVATE NOTES: ADDITIONAL SIDEWALKS MAY BE REQUIREDAT NEW DEVELOPMENT PROJECTS. MAJOR COLLECTOR STREETS SEGMENTS (60' PAVEMENT WIDTH)MAY BE NARROWED BY TOWN FOR SIDEWALKS, (EXCEPT NEARMAJOR INTERSECTIONS, POTENTIAL TURN POCKETS, ANDPOTENTIAL MEDIANNED SEGMENTS). PRIORITY 1: 5 YEAR PLAN PROPOSED SIDEWALK SHEA BLVD (PALISADES-SAGUARO) GRANT PROJECTS ADERO CANYON PHASE II* DEVELOPER PROJECTS EAGLES NEST- PARCEL 2 * A 1 2 FUTURE ARIZONA STATE LAND DEPT *3 OTHER PROPOSED SIDEWALK 1 (FORMER ELLMAN DEV. AGREEMENT) ADERO CANYONPHASE IIFUTURE SIDEWALKSNOT SHOWN SHARED-USE PATH SIDEWALK PLAN LONG RANGE PLAN SEE: BP 2015-60EA 2013-0090518 3 C C C B B B PALISADES BLVD (FHB-SAGUARO)**B SAGUARO BLVD (FHB-COLONY)**C DAYBREAK*4 4 5 FH MEDICAL CENTER - PHASE 1*5 KEYSTONE*6 6 CASA'S DEL LAGO*7 7 8 PRIVATE S/WW/PUBLIC ACCESS& TRAIL ACCESS SERENITY ESTATES*8 EXISTING SIDEWALK SCOTTSDALE PRIVATELY - OWNEDPUBLIC USAGE PUBLIC PRIVATE LEGEND: **SUBMITTED APPLICATION PENDING ** PROPOSED / FUTURE ON-SITE SIDEWALKS NOT SHOWN EXISTING ROUTE PROPOSED ROUTE URBAN TRAIL-DESIGNATED ROUTE Figure 66 1010 striped for edge parking that can serve as a bike route when parking is not being utilized or is not needed due to adjacent land use. Many of these collectors often do not have any sidewalks, but have been identified by the Town as areas that need to be evaluated for adding sidewalks within these transportation corridors. • Local Streets – Currently the Town’s local streets do not have any striping to allow for any designated bike routes or bike lanes. These local streets, depending upon when they were developed, may or may not have sidewalks, or the sidewalks may only be present on one side of the street. • Events - The Town hosts or participates in several major bike events every year. These events result in exposure to the Town’s unique topography, active lifestyle opportunities and a chance to showcase the innate beauty of the Town. The bicycle events include: »Tour De Scottsdale »Mountain to Fountain »Craft Classic (See figures 7 and 8 from the Town’s General Plan) Section 22 Pa l i s a d e s B l v d Shea Blvd G o l d e n E a g l e B l v d Beelin e H w y Foun t a i n H i l l s B l v d Sag u a r o McDowell Bl v d Mo u n t a i n R d Grande Blvd to M e s a to Scottsdale to Pa y s o n McDowell Mountain Regional Park Fo r t M c D o w e l l Y a v a p i a N a t i o n Salt River Pima - Maricopa Indian Community to R i o V e r d e Scottsdale E A G L E R I D G E D R Sc o t t s d a l e E A G L E R I D G E D R LEGEND BIKE LANE (EXISTING) BIKE ROUTE (EXISTING) Town's Bikeways Figure 77 1111 66 Exhibit 4: Connectivity, Access and Mobility Plan Figure 88 Section 22 1212 REVIEW TOWN OF FOUNTAIN HILLS PUBLISHED DOCUMENTS A number of plans and policies influence current practice for active transportation in the Town of Fountain Hills. Current land use and comprehensive plans provide an overall vision for the Town, while previous trail and multimodal plans outline the community vision for bicycle and pedestrian connectivity. A wide range of plans, data sources and studies were used in the development of this ATP, including plans for adjacent jurisdictions. Documents from Scottsdale, Maricopa County, Fort McDowell Indian Community, Arizona Department of Transportation, among others, were also included in this review. TOWN OF FOUNTAIN HILLS GENERAL PLAN (2020) discussed in great length and frequency the need for trails and connectivity within the Town. Some of the highlights from that document include the following statements: • The Town’s location within the foothills of the McDowell Mountain Regional Park and adjacent to the City of Scottsdale’s existing and proposed active transportation corridors provides an excellent opportunity for local and regional connections. • Increasing walkability supports the healthy life style valued by the community and increases opportunities for social interaction and networking. Sidewalks and trails are public spaces that function as social connectors. • Sidewalks are an integral component of the street network. Fountain Hills has developed a sidewalk circulation network that serves most of the community. In 2007, the Town adopted a Sidewalk Plan that identifies all existing and proposed sidewalks throughout the Town. The Sidewalk Plan should be revised to support this General Plan and to schedule maintenance projects needed to support the sidewalk network. • The Town’s location within the foothills of the McDowell Mountain Regional Park, Scottsdale McDowell Sonoran Preserve and Fountain Hills McDowell Mountain Preserve provides a network of trails, natural drainage channels and washes that extend throughout the community. These washes, primarily owned by the Town, are typically undeveloped, although most also contain utilities and utility easements, as well as serving as surface drainage corridors. Such a network of undeveloped washes provides visual connectivity to natural open space between neighborhoods. Fountain Hills includes three (3) types of trail systems: 1. Preserve Trails: The Preserve trail system consists of a diversity of developed trails within preserve areas of Town, including the Promenade, North, Western Loop, Town Overlook, Ridgeline Trail and Interpretive trails. This system currently stretches 8.3 miles. 2. Fountain Hills Interconnected Trails (FIT): This trail system consists of multiple existing and future trails and sidewalks throughout the Town and include four (4) existing urban trails and five (5) future trails. Existing Urban FIT Trails: • Sunridge Trail: A 3.8-mile loop that begins at Golden Eagle Park along Desert Canyon Dr. and Palisades Blvd. • Falcon Trail: A 1.7-mile loop that begins at Golden Eagle Park around Fountain Hills High School continuing to Bainbridge Ave. • Civic Center Trail: A 3.2-mile trail that begins at Fountain Park, along Avenue of the Fountains to Mountainside Dr. and back along El Lago Blvd. • Fountain Park Trail: A 1.9 mile path that loops around the lake at Fountain Park. Future FIT System Trails: • Four Peaks Trail: 4.3 miles • Desert Vista Trail: 2 miles • McDowell Mountain Trail: 2.5 miles • North Heights Trail: 4 miles • Sundown Trail: 3.5 miles 3. Community Trails: • Lake Overlook Trail: A 1.9 mile system of trails within the Bela Lago, Diamante del Lago, and Arriba del Lago subdivisions uphill from Fountain Park • In addition, there is a trail access off the upper end of Golden Eagle Blvd. that utilizes an existing easement in the Eagles Nest MCO development that allows access to the McDowell Mountain Regional Park trail system Section 22 1 Fountain Hills Thrives! 1313 FINAL REPORT FOUNTAIN HILLS TRANSIT FEASIBILITY STUDY 1 FOUNTAIN HILLS TRANSIT FEASIBILITY STUDY (2014) This plan, under section 4.2.3 Evaluate Bicycle and Pedestrian Infrastructure Needs, indicates multiple references to multimodal accommodations. Some of the highlights from that document include the following statements: • The plan emphasizes the Town’s desire to provide alternative transportation modes, envisioning the expansion of transit, bicycle and pedestrian systems to provide enhanced mobility to a population base with a diversity of needs. • The development of safe bicycle and pedestrian infrastructure is an important precursor to the implementation of transit services. • As walking becomes an increasingly popular activity, especially among aging populations who derive exercise and social benefits from walking-related activities, investing in pedestrian facilities will help encourage walking as a means of accessing local destinations, connecting neighbors and neighborhoods and enhancing safety. • Given the popularity of bicycling in Fountain Hills, consideration of striped bicycle lanes on neighborhood collector streets, that also establish connections with the local trail system, will provide added comfort and separation between bicyclists and cars, especially for novice or occasional bicycle riders. FOUNTAIN HILLS TRANSIT FEASIBILITY STUDY (2020) This plan, under section 1 Demographic Profile, identifies that the Town has seen a dramatic increase (163%) in SHEA BLVDPAL I S A D E S B L V D SAGUARO B L V D PALIS A D E S B L V D PALISA D E S B L V D GOLDEN E A G L E B L V D SA G U A R O B L V D FOUN T A I N H I L L S McD O W E L L M O U N T A I N R D FOUNTAIN H I L L S B L V D SUN R I D G E D R EL LAGO BLVD PANORAMA DR FIR E R O C K C O U N T R Y CLU B D R EAG L E M O U N T A I N PKW Y SIERRA M A D R E GRANDE BL V D LA M O N T A N A D R FOUNT A I N S AVEN U E O F T H E BLVD EA G L E R I D G E D R PALO M I N O B L V D NORTH 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 Elementary and Middle Schools In Fountain Hills Pays o n Mesa Scottsdale Beelin e H w y (S.R. 8 7 ) Ri o V e r d e FountainLake Schools In Fountain Hills Figure 99 Section 22 1414 walking to work. The document builds on the 2014 study. Some of the highlights from this document include the following statements: • The plan makes note: Likely a result of the increased employment and housing densities in the core of Fountain Hills, there was an increase in the number of workers who walk to work (163.3 percent increase from the 2014 study results). • Transportation and land use are directly related – the greater the presence and proximity of compatible land uses, the greater the inclination to use alternative modes of transportation such as transit, walking, and biking. SCHOOLS (PUBLIC AND CHARTER) • Fountain Hills Unified School District is comprised of four (4) schools: Fountain Hills, McDowell Mountain Elementary School, Fountain Hills Middle School and Fountain Hills High School. • Fountain Hills Charter School is a kindergarten through 8th grade Montessori school that has been a part of the Fountain Hills community for over 22 years (See figure 9 on previous page). PARKS (See figure 10) According to studies by the Centers for Disease Control and Prevention, creating, improving and promoting places to be physically active can improve individual and community health and results in a 25 percent increase of residents who exercise at least three times per week. Studies also correlate stress reduction, lowered blood pressure and perceived physical health to the length of stay while visiting parks. In addition, parks improve water quality, protect groundwater, prevent flooding, improve air quality, provide vegetative buffers to development, provide habitat for wildlife and provide a place for children and families to connect with nature and recreate outdoors together. Fountain Hills’ parks are the places that people go to get, and stay, healthy and fit. The Town currently operates and maintains five parks encompassing a total of 116 acres: Fountain Park, Desert Vista Park, Four Peaks Park, Avenue Linear Park and Golden Eagle Park. • Fountain Park is a 64-acre passive recreation area and anchor to the Town Center. Built in 1970, the park includes a 29-acre, 100-million-gallon effluent lake, 35 acres of turf, a dam, an 18- hole championship disc golf course, a children’s playground, 2 chilled drinking fountains, parking lots, a pump station, restrooms, the world-famous fountain, a sculpture garden with over 30 art pieces, 5 ramadas, and various picnic tables and benches. Sub-facilities of Fountain Park include an amphitheater, the Rotary Centennial Splash Park and a Veterans Memorial. • Desert Vista Park is a 12-acre neighborhood park that includes a skate park and a 3-acre dog park. Desert Vista Park includes lighted multi- Section 22 to Scottsdale McDowell Mountain Regional Park Scottsdale to R i o V e r d e to M e s a to Pa y s o n Fo r t M c D o w e l l Y a v a p i a N a t i o n Pa l i s a d e s B l v d Shea Blvd Beelin e H w y Foun t a i n H i l l s B l v d Grande Blvd Salt River Pima - Maricopa Indian Community G o l d e n E a g l e B l v d Sagu a r o Blv d McDowell Mo u n t a i n R d Future Park GoldenEagle Park FuturePark FourPeaks Park Fountain ParkDesertVistaPark BOTANICALGARDEN OVERLOOK EASY ACCESS PROMENADEWESTERNLOOP SONORAN GOLDEN EAGLETRAILHEAD ADERO CANYONTRAILHEAD LAKEOVERLOOKTRAIL Sunridge CanyonG.C. Eagle MountainG.C.Fire RockCountryClub Desert CanyonG.C. Fountain Hills McDowell MountainPreserve SCOTTSDALE McDOWELL SONORAN PRESERVE FOUNTAIN HILLS McDOWELL MOUNTAIN PRESERVE PARK FH TRAIL GOLF COURSE CIVIC CENTER TRAIL (FIT) FALCON TRAIL(FIT) ANDREWS/KINSEY AvenuePlazaSUNRIDGE TRAIL(FIT) Ea g l e R i d g e D r CONNECTING TRAIL LOWERSONORAN Future Park FuturePark CIVIC CENTERTRAILHEAD FALCON & SUNRIDGETRAILHEADS Future Park RIDGELINE Figure 1010 1515 Section 22 use athletic fields, a restroom and concessions building, 2 chilled drinking fountains, picnic and shade ramadas, age-appropriate children’s playground, walking paths, landscaping, area lighting and parking areas. The lighted athletic fields are primarily used by the Fountain Hills Soccer Club, who have consolidated the majority of games and practices to the improved facilities at this park. • Four Peaks Park is a 15-acre active recreation area. The park includes a 100-foot pedestrian footbridge, an 18-foot by 24-foot ramada with a barbecue, softball fields, 2 lighted tennis courts, 2 multipurpose ball fields with lights and spectator seating, 50 parking spaces, 2 chilled drinking fountains, a 750 square foot restroom/control building, 2 children’s playgrounds and a lighted 150-foot by 300-foot soccer field with spectator seating. • Golden Eagle Park is a 25-acre active recreation area adjacent to Fountain Hills High School. The park hosts numerous activities and leagues throughout the year, including Little League, adult softball, senior softball, high school athletics and drop-in sports such as basketball, sand volleyball and tennis. The park includes 3 ramadas with barbecues, 8 chilled drinking fountains, 2 age appropriate children’s playgrounds, 2 lighted basketball courts, 2 lighted sand volleyball courts, 4 lighted multipurpose ball fields, 4 lighted tennis courts, a horseshoe pit, restroom and concessions building and a meeting room. Golden Eagle Park was developed in 5 phases utilizing both Town funding and grants, and was completed in December, 1998. The 25-acre parcel was donated to the Town by MCO Properties shortly after incorporation and became the Town’s first municipal park. The Town received nearly $1.4 million in grants from Arizona State Parks Heritage Fund to develop the park. Golden Eagle Park was recognized by the Arizona Parks and Recreation Association with the Outstanding Facility Award for a community under 60,000 in 1999. • Avenue Linear Park is a 3-acre Park in the heart of the town center. This linear park connects from Fountain Park to La Montana. The park is host to several community events and includes an art walk, fountains, chilled drinking fountains and ramadas. Future Parks The Town has identified four (4) new park sites for future development. 1. One new site has been identified as Sierra Madre Park located west of the intersection of E. Sierra Madre Dr. and Golden Eagle Blvd. The park site is approximately 32 acres and is adjacent to a future Fountain Hills School District school site. 2. The second identified park site has not yet been officially named. It is located east of Sycamore Dr. near E. Sunburst Dr. intersection. This park site is approximately 21 acres, but if the drainage ways east of the site that are also owned by the Town are included, the park site would measure approximately 26 acres total. 3. The third new park site has been identified as Sunridge Canyon Park and is on the northeast corner of N. Sunridge Dr. and E. Desert Canyon Dr. The site is approximately 4 acres in size. 4. The fourth new park site located on the northeast corner of E. Golden Eagle Blvd. and E. Bainbridge Ave. This site is approximately 3/4 of an acre in size. These park sites will be tremendous additions to the Town’s existing recreational facilities and will immediately provide additional destinations for residents. Pedestrian and bicycle connectivity to the surrounding FutureSierra Madre Park FutureUnnamed Park FutureUnnamed Park FutureUnnamed Park 1616 neighborhoods to these park sites will need to be strongly considered during design (See images page 15). SAFETY REVIEW In addition to public input regarding unsafe locations, a review of collisions involving bicycles and pedestrians can help identify locations in greater need of improved active transportation facilities. Using data from the Arizona Department of Transportation and the Town of Fountain Hills, the project team assessed both location and severity of collisions occurring between 01/01-2011 and 06/27- 2019. This information is shown in figure 11 on this page. It is important to note that while the data available provides insight into safety concerns within the Town, pedestrian and bicycle involved collisions may not be reported if they do not result in a serious injury or fatality. For this reason, the data available may not reflect these scenarios. Bicyclists From 2001 to 2019, 39 bicyclists’ collisions were reported, resulting in 1 fatality, 5 suspected serious injuries, 16 suspected minor injuries, and 13 possible injuries. Four (4) collisions did not result in injury. Of these collisions, over 46% (18) were located on minor arterials, 23% (9) on local roads, 23% (9) on collectors and only 8% (3) on a principal arterial. 64% (25) occurred at intersections. Most collisions occurred during evening hours 61% (24). See list of bicycle conflicts in figure 13 on page 17. Section 22 SHEA BLVDPALI S A D E S B L V D SAGUARO B L V D PALIS A D E S B L V D PALISA D E S B L V D GOLDEN E A G L E B L V D SA G U A R O B L V D FOUN T A I N H I L L S McD O W E L L M O U N T A I N R D FOUNTAIN H I L L S B L V D SUN R I D G E D R EL LAGO BLVD PANORAMA DR FIR E R O C K C O U N T R Y CLU B D R EAG L E M O U N T A I N PKW Y SIERRA M A D R E GRANDE BLV D LA M O N T A N A D R FOUN T A I N S AVENU E O F T H E BLVD EA G L E R I D G E D R PALO M I N O B L V D NORTH 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 Fountain Hills Bicycle & Pedestrian Accident Locations 2014-2018 Pays o n Mes a Scottsdale Beelin e H w y (S.R. 8 7 ) Rio V e r d e FountainLake Fatal(5 total)Pedestrian(15 total)Bicycle(9 total) Figure 1111 1717 Section 22 Street Designation Incident Injury Severity Description Incident First Harmful Description Collector Suspected Serious Injury Pedestrian Local Suspected Serious Injury Pedestrian Collector Suspected Serious Injury Pedestrian Principal Arterial Suspected Serious Injury Pedestrian Collector Suspected Serious Injury Pedestrian Local Suspected Minor Injury Pedestrian Local Suspected Minor Injury Pedestrian Collector Suspected Minor Injury Pedestrian Minor Arterial Suspected Minor Injury Pedestrian Local Suspected Minor Injury Pedestrian Local Suspected Minor Injury Pedestrian Minor Arterial Suspected Minor Injury Pedestrian Minor Arterial Suspected Minor Injury Pedestrian Minor Arterial Suspected Minor Injury Pedestrian Minor Arterial Suspected Minor Injury Pedestrian Local Possible Injury Pedestrian Minor Arterial Possible Injury Pedestrian Local Possible Injury Pedestrian Local Possible Injury Pedestrian Collector Possible Injury Pedestrian Minor Arterial Possible Injury Pedestrian Collector Possible Injury Pedestrian Local Possible Injury Pedestrian Minor Arterial Possible Injury Pedestrian Collector Possible Injury Pedestrian Minor Arterial Possible Injury Pedestrian Minor Arterial No Injury Pedestrian Minor Arterial No Injury Pedestrian Minor Arterial No Injury Pedestrian Collector No Injury Pedestrian Local No Injury Pedestrian Minor Arterial Fatal Pedestrian Minor Arterial Fatal Pedestrian Minor Arterial Fatal Pedestrian Figure 1212 Street Designation Incident Injury Severity Description Incident First Harmful Description Principal Arterial Suspected Serious Injury Pedalcycle Collector Suspected Serious Injury Pedalcycle Minor Arterial Suspected Serious Injury Pedalcycle Minor Arterial Suspected Serious Injury Pedalcycle Principal Arterial Suspected Serious Injury Pedalcycle Collector Suspected Minor Injury Pedalcycle Collector Suspected Minor Injury Pedalcycle Collector Suspected Minor Injury Pedalcycle Collector Suspected Minor Injury Pedalcycle Local Suspected Minor Injury Pedalcycle Local Suspected Minor Injury Pedalcycle Local Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Minor Arterial Suspected Minor Injury Pedalcycle Collector Possible Injury Pedalcycle Collector Possible Injury Pedalcycle Collector Possible Injury Pedalcycle Local Possible Injury Pedalcycle Local Possible Injury Pedalcycle Local Possible Injury Pedalcycle Local Possible Injury Pedalcycle Local Possible Injury Pedalcycle Minor Arterial Possible Injury Pedalcycle Minor Arterial Possible Injury Pedalcycle Minor Arterial Possible Injury Pedalcycle Minor Arterial Possible Injury Pedalcycle Minor Arterial Possible Injury Pedalcycle Collector No Injury Pedalcycle Local No Injury Pedalcycle Minor Arterial No Injury Pedalcycle Minor Arterial No Injury Pedalcycle Principal Arterial Fatal Pedalcycle Figure 1313 Traffic Incidents with BicyclistTraffic Incidents with Pedestrians 1818 Pedestrians From 2001 to 2019, 34 pedestrian collisions were reported, resulting in 3 fatalities, 5 suspected serious injuries, 10 suspected minor injuries, and 11 possible injuries. Five (5) collisions did not result in any injury. Of these collisions, over 44% (15) were located on minor arterials, 29% (10) on local roads, 24% (8) on collectors and only 3% (1) on a principal arterial. 53% (18) of the incidents occurred at intersections. Most collisions occurred during evening hours 62% (21). See list of pedestrian conflicts in figure 12 on page 17. PUBLIC ENGAGEMENT Flexible methods of public engagement provided multiple opportunities for residents to participate in meaningful conversation about active transportation within the Town of Fountain Hills. Virtual public meetings were held and web-based surveys were implemented that were available for input over an extended period of time. Public input was also gathered at a booth during the Festival of Fine Arts & Crafts event. The outreach also included numerous conference calls and email correspondence, as well as presentations and working sessions with the Town Council, the Community Services Department and the Planning and Zoning Advisory Board. The key steps to the Town’s public engagement were to ensure that the plan provided the following: Reach – Get the word out to the people most impacted Engage – Lowering the barriers to participation and tailoring it to the Town of Fountain Hills Capture – Collect the most data and information for analysis Report – Provide a feedback loop to all participants, demonstrating what was heard and what the next steps are Comply – To meet the requirements of the Town’s exemplary citizen driven decision process The virtual meetings followed these general guidelines: • Did not require a sign-in to participate but an optional sign-in was provided to facilitate follow-up communication with participants. • Permitted two-way communication between participants and the Town through both chat features and web-based survey features where written comments were welcomed. The public engagement efforts were developed around equitable and consensus- based engagement to assist in providing a strong base for this active transportation plan. This engagement has allowed the Town and the design team to work collaboratively with the community, and positively synthesize ideas, strategies and actions that best meet the needs of the Town residents through the planning included with this active transportation plan. The efforts involved showcase a commitment from the Town towards embracing and utilizing the new digital democracy as one of the tools needed What is Active Transportation? Active transportation is any form of human-powered or non- combustion motorized transportation this includes: walking, bicycling. How you can participate. The following survey is one of the methods for you to participate in the Town of Fountain Hills Active Transportation Planning process. In addition public outreach will occur at upcoming community events. Please see https://www.fh.az.gov/activetransportation for an event list. Your voice in the plan is important! The plan will be based upon the Town's unique community needs and setting. Enjoy and thank you! Town of Fountain Hills I Active Transportation Plan 1. Are you a full time resident of the Town of Fountain Hills? Yes No 1 Section 22 Intro To Survey Monkey See Appendix for Complete Survey 1919 to provide a comprehensive approach to public engagement. Throughout the development of the plan, a comprehensive public engagement process augmented the plan process providing invaluable insight as the plan moved forward. A series of outreach events encouraged community involvement and built support for the plan’s vision and recommendations. Participants were able to provide feedback through a variety of communication channels, including online surveys, direct interaction with Town staff and event- specific questionnaires. Further outreach was achieved through the team’s physical inventory of the project corridor that added to the electronic input format. The team’s knowledge of the specific features and attributes of the Town’s Active Transportation study were on full display when the team attended and participated in the Town’s annual Festival of Fine Arts & Crafts event along the Avenue of the Fountains. This outreach effort provided residents and visitors another opportunity to engage with the project team and share knowledge about the Town’s active transportation elements and features. KEY FINDINGS The results of these exercises informed the plan recommendations and contributed to a more robust understanding of the citizens’ needs, concerns and context. Feedback included comments that ranged from specific modes of transportation to general comments on the larger network and system. Overall, residents indicated the need for improved safety, increased connectivity among facilities and destinations and more facilities for all modes. The key findings are summarized below. General Feedback: A focus on the downtown and Fountain Park were elements that were repeatedly requested by the public. • An increase in designated crosswalks throughout the Town was requested, including where appropriate, the use of Pedestrian Activated Beacons for designated pedestrian and bicyclists crossings. • Educational outreach for motorist, bicyclists, and pedestrians is a priority. This would include educational sessions about the responsible use of these modes of travel within the existing public and charter schools in Fountain Hills. Additionally, local driver education programs would include sessions about the responsible use of these modes of travel. One method would be having brochures available at Town events and at Town Hall, describing appropriate behavior when using the many active transportation modes of travel. Note that ADOT has developed several resources available to the Town in regards to this issue (http://www.azbikeped.org/index. asp). These available resources will be an excellent starting point to initiate Booth At Festival of Fine Arts and Crafts Section 22 2020 additional public education about these different modes of travel. • Improved wayfinding signage throughout the Town is needed for all active modes of travel. This includes increased lane markings and the use of internationally recognized symbols for pedestrians, bicyclists and automobiles. • A strong desire for connectivity among destinations and to recreational opportunities, internal and external of Town, including linking to the City of Scottsdale to the west. • Preference for separated sidewalk facilities was indicated as a strong desire by the public. • Network gaps in sidewalk continuity exist throughout the Town that need to be addressed with an emphasis on downtown areas and around the lake, as well as connections to the parks and schools within the Town. • Lighting in the Town of Fountain Hills is a sensitive issue due to the Town’s objective to maintain a dark sky approach towards lighting as defined by the Town’s association with Fountain Hills Dark Sky Association. Intersection lighting and the use of pavement markings for bicycle lanes and routes need to be upgraded to improve visibility during lower light level scenarios. • Recreational linkage opportunities with trails may be expanded through partnerships with the City of Scottsdale to the west and Maricopa County Parks to the north. • Common barriers towards the use of active transportation throughout the Town were identified by the public with multiple comments in regards to speed of motor vehicle traffic and closing the existing gaps in sidewalks. • The public identified that the Town needs to improve maintenance or enforcement of landscape regulations to help contain and/or maintain existing landscapes from overgrowing or encroaching onto adjacent sidewalks or bike lanes/bike routes. Pedestrians: • The vast majority of the public identified walking destinations are centered on the facilities, restaurants and municipal buildings located within the downtown. • Fountain Park remains one of the highest and most identifiable spaces used for walking, followed by Avenue of the Fountains. • Closing the existing gaps between paved sidewalks is a desired improvement. Palisades and Fountain Hills Blvd. were the most frequently identified routes with known sidewalk gaps. • School and park connections for pedestrians need to be improved throughout the Town. • Separated sidewalks should be considered in areas where feasible and Section 22 Town of Fountain Hills ATP Speed of Automobile Traffic, 19% Walking in Road, 16% Fountain Hills Blvd, 13% Saguaro Blvd, 10% Wildlife Encounters, 9% Ave of the Fountains, 6% Lack of Crosswalks, 6% Golden Eagle Blvd, 6% Palisades, 6% Panorama, 3% Shea Blvd, 3% Sierra Madre, 3% Public Identified Safety Issues Relative to Walking Town of Fountain Hills ATP Fountain Park, 16% Grocery, 16% Adero Canyon, 8% Avenue of Fountains, 8%Dixie Mine, 8% Downtown Resturants, 8% Library, 8% Municipal Buildings , 8% Bank, 4% Community Center, 4% McDowell Park, 4% Post Office, 4%Target, 4% Public Identified Walking Destinations 2121 where residents currently use streets for active travel. • Participants identified the need for a connected and complete network of sidewalks and pathways throughout the Town. • Pedestrian safety at intersections should be a priority, including the incorporation of designated crosswalks, and the investigation of Pedestrian Activated Beacon crossing mechanisms, or other traffic control notifications, in high pedestrian crossing zones. • Reducing the speed limits on Town streets was raised as an issue relative to walkers who may have to share the street due to lack of separate sidewalk facilities. • Pedestrians identified that their desired walking routes or corridors would be Fountain Hills Blvd., Shea Blvd., and Saguaro Blvd. if the gaps in sidewalk connectivity within these corridors were addressed. Bicyclists: • Pavement markings should be more consistent, expanded and improved, clearly identifying bicycle routes and bicycle lanes. • The public identified Fountain Hills Blvd. as their most frequented bicycle corridor within the Town that needs to be improved; connecting the gap that exists and identifying this corridor through appropriate signage and lane markings. • The public identified the most popular roadways within the Town for bicycling as Saguaro Blvd., Palisades Blvd., Fountain Hills Blvd., and Fountain Park. • The public identified that the most popular destination was a ride that returned to their residence. • Education for motorist, pedestrians and the bicycle community was mentioned during the public meeting and in the written comments provided. This educational component could be emphasized in schools, drivers’ education programs and using other organized civic events to educate the public about how to responsibly use and share these multi-modal facilities and increase awareness of other user types. • The Town should investigate the use and deployment of signage that is energized (blinking lights or other indications) or activated by pedestrians or bicyclists in high traffic areas. This may include the use of Pedestrian Activated Beacon type signals in specific areas of Town. • Signage identifying lane markings, as well as designating bike lanes and bike routes should be considered in areas where residents currently use streets for multi-modal activities. • Traffic signal timing should be reviewed so that the timing is conducive to travel for bicyclist and not solely based on automobile traffic. • Bicycle safety signage at intersections should be a priority, informing both the Section 22 Town of Fountain Hills ATP Distracted Drivers, 29% Automobile Traffic, 14% Shea, 14% Cars in Bike Lanes, 14% Palisades, 9% Speed, 10% Lighting, 5% Public Events, 5% Identified Bicycle Safety Issues Town of Fountain Hills ATP Just out for a ride returning home, 27% All around town, 16% Mountain Trails, 14% Downtown, 7% McDowell Mountain Park, 7% Rio Verde, 7% Fountain Park, 4% Shopping, 5% Scottsdale, 5% All parks, 2% Eagle Mountain, 2% Middle School, 2%Target, 2% Bicyclists Favorite Destinations 2222 motoring public and bicyclists on correct use of the intersection lanes of travel. MEETINGS • Town staff bi-weekly check in calls initiated on July 28, 2020 completed in April, 2021 • Public Meeting#1 »September 8, 2020 Virtual Meeting • Brief presentation overview of ATP • Present graphic schedule of ATP process • Present existing inventory of Town sidewalks • Present existing inventory of Town bikeways • Present overview of inventory of existing conditions • Introduction to web based survey questions • Public comments and public chats on virtual meeting • Community Services Advisory Board and Planning and Zoning Work Session November 9, 2020 »November 13 – 18, 2020 Fall Festival of Fine Arts & Crafts Event • Board What is ATP? • Board showing graphic schedule • Sidewalk Preliminary Priority Maps (enlarged quadrants) • Bicycle Preliminary Priority Map (enlarged quadrants) • Dot Voting/Post It Notes for sidewalk improvements and bicycle routes • Public Meeting#2 »December 8, 2020 Virtual Meeting • Review results from web based survey • Review results from Festival of Fine Arts & Crafts event • Review of Preliminary Sidewalk Phasing Plan • Review of Preliminary Bike Lane and Bike Route Improvement Plan/Approach • Public comments and public chats on virtual meeting • Town Council – January 5, 2021 • Community Services Advisory Board and Planning and Zoning Work Session April, 2021 • Planning and Zoning Commission Approval May, 2021 • Town Council Approval June, 2021 Town of Fountain Hills ATP Fountain Hills Blvd, 50% Fountain Park, 15% Shea Blvd, 10% El Lago, 5% Golden Eagle Blvd, 5% Palisades, 5% Saguaro Blvd, 5% Sunridge Drive, 5% Citizen Identified Bicycle Routes to Improve Avenue of the Fountains Connection to Fountain Park 2323Fountain Hills On The Move Section 3 Implementation Strategy 2323 Implementation Strategy The Town of Fountain Hills and how it’s roadways were developed provides for potential to incorporate walking and bicycling as an integral part of the roadway network with minimized disturbance areas beyond the existing pavement edges if desired. S ection 2 of the plan provides a wealth of information from both an inventory and analysis stage including an extensive public input process. The information gathered included evaluating connections to Scottsdale and Maricopa County parks, evaluating current Town approach towards sidewalk improvements, current Town approach towards its extensive Bikeways, how the Town designates its streets, how published Town documents support the development of an active transportation model, and an evaluation of the Town’s pedestrian and bicycle crash data all coupled with an extensive public input process. This thorough inventory and analysis step has allowed the Town to develop a realistic long range implementation approach that addresses sidewalks as well as bicyclist’s needs throughout the Town with an ability to realistically estimate the cost for these improvements for future Town budgeting and the flexibility to adapt to current and future needs as they occur. PROPOSED SIDEWALK FACILITIES The sequence of sidewalk priorities for these proposed additions grew out of the public’s stated desires, the focus on making connections to the highest priority areas, and ultimately alignment with the Town’s budget model. The overall approach has been built around providing the Town the flexibility needed to shift emphasis when a situation or circumstance requires a reshuffling of priorities when necessary. The proposed recommendations build upon the success that the Town has already demonstrated using a five (5) year incremental approach. The priority sidewalk additions have been divided into the following priority years: • Priority One: A 5-year plan (Purple) (Grant Projects, Potential Grant Projects, or Town Funded) See figure 14 on page 26 • Priority Two: A 10-year plan (Green) See figure 14 on page 26 • Priority Three: A 15-year plan (Blue) See figure 14 on page 26 • Priority Four: A to be determined gap connection plan (Pink) See figure 14 on page 26 • Urban Trails (Gold on the map with existing trails a solid line; proposed, a dashed line) See figure 14 on page 26 Major Collector Existing Pavement Major Collector Proposed Pavement Reduction 2424 SIDEWALK IMPLEMENTATION APPROACH The initial key projects would include: 1 Complete sidewalk gaps to Fountain Park from Residential and Commercial • Palisades sidewalk gap elimination • Saguaro Blvd. gap elimination • Fountain Hills Blvd. gap elimination • Shea Blvd. widening improvements will include sidewalks The Town has focused on procuring grants for Palisades Blvd. and Saguaro Blvd. for sidewalk gap elimination to connect residents to Fountain Park. Palisades Blvd, Avenue of the Fountains, and Saguaro Blvd. serve as main vessels to connect residents to the Fountain Park. These major roadways are also adjacent to grocery stores and other commercial developments. Current grant funding for Shea Blvd. widening will provide sidewalk along Shea Blvd. between Palisades Blvd. and Technology Dr. Shea Blvd. has been an ongoing improvement project for the Town. 1b Focus on Town Arterials and Town Collectors due to high usage and connectivity to Town residential areas • Close all remaining sidewalk gaps along Saguaro Blvd. between E. Kiwanis Dr. and Shea Blvd. • Close sidewalk gap along the south side of Fountain Hills Blvd. between E. Fayette Dr. and E. Ashbrook Dr. 2 Complete the sidewalk gaps in the downtown • Close sidewalk gaps along E. Parkview Ave. between Saguaro Blvd. and N. La Montana Dr. • Close sidewalk gaps along N. Verde River Dr. between Palisades Blvd. and E. Ave. of the Fountains • Close sidewalk gaps along N. La Montana Dr. between Palisades Blvd. and E. Ave. of the Fountains • Extend sidewalk through the Town owned undeveloped parcel west of the intersection of N. Verde River Dr. and Paul Nordin Pkwy. Extend sidewalk into the community center library and museum plaza area. 2b Complete the sidewalk gaps around Four Peaks Neighborhood Park, Boys and Girls Club • Initiate sidewalk along west side of N. El Pueblo Blvd. from near the intersection with E. Calico Dr. to N. Fountain Hills Blvd. Note - this connection will also complete part of the Urban Trail Designated Route. • Add spoke connections from school/4 Peaks Park to N. El Pueblo Blvd. along E. Calaveras Ave. and N. El Sobrante Ave. • Close sidewalk gap along E. Grande Blvd. south side of the street between just west of Arrowweed Dr. and N. El Pueblo Blvd. Section 33 Minor Arterial Existing Pavement Minor Arterial Proposed Pavement Reduction 2525 • Add stub connections into surrounding neighborhoods east of N. El Pueblo Blvd. at E. San Marcus Dr. and N. Bahia Blvd. • Close all remaining sidewalk gaps along Fountain Hills Blvd. between E. Segundo Dr. and Shea Blvd. 2c Complete the sidewalk gaps around Desert Vista Park • Connect northern side of existing park sidewalk between N. Tower Dr. on the west and Desert Vista on the east. Note - grade change along this route will require retaining walls. Note - this connection will also complete part of the Urban Trail Designated Route. 3 Complete the sidewalk gaps around McDowell Mountain School, Fountain Hills High School, and Golden Eagle Park • Initiate sidewalk along E. Glenbrook Blvd. between N. Fountain Hills Blvd. and E. Bainbridge Ave. Note - this connection will also complete part of the Urban Trail Designated Route. • Complete gap in sidewalk along west side of N. Fountain Hills Blvd. between E. Oxford Pl. and E. Fayette Dr. Note - this connection will also complete part of the Urban Trail Designated Route. • Add spoke connections between E. Fayette Dr. and E. Glenbrook Blvd. along N. Greenhurst Ave. • Consider direct connection to Morningside at Lakeside Village development. The Town’s Community Services Department has received several requests from residents of Morningside at Lakeside Village development located north of the park about the possibility of making a more direct connection from the park site to their development. This direct connection to the north crosses an existing wash that is shallower the further east you go. This direct park connection could be completed from two different routes. The first connection, and potentially the least disruptive, would be to connect a trail from the end of E. Teal Dr. at the existing cul-de-sac turning south towards the park. The second option for a connection would be through an existing utility/drainage easement (parcel 176-076-509) between developed parcels 176-07-49 and parcel 176-07-499. The crossing of the existing wash in either location would have to be evaluated and approved by FEMA. Colony Wash in this area is designated as a floodway, but it appears that the wash crossing could be either a low water crossing (easier further east) or it may require a pedestrian bridge dependent upon flows within the wash, the depth of the wash, ADA and other impacts. With either option, it would require dedicating an access easement on Section 33 Local Street Existing Pavement Local Street Proposed Pavement Reduction 2626 either parcel 176-07-509 or parcel 176-07-507 from the HOA. This easement would allow pedestrian access through either of these existing parcels and create a direct connection between the residential developments to the park. 4 Focus on some of the significant east west connections within the Town The significant east west streets within the Town of Fountain Hills that should be considered for sidewalk additions and/or street designations for pedestrians include, but are not limited to, the following: • E. El Lago Blvd. • E. Thistle to Ironwood Dr. • E. Palomino Blvd. • E. Kingstree Blvd. • E. Trevino Dr. • E. Nicklaus Dr. to N. Indian Wells Dr. • E. Inca Ave. and N. Inca Ave. • E. Hawk Dr. • E. Arroyo Vista Dr. and N. Arroyo Vista Dr. 4b Focus attention on the Northwestern part of the Town and the areas south of Shea Blvd inline with the balance of sidewalk connections. The significant roadways in the northwest part of Town include the following: • E. Golden Eagle Blvd. Note - this connection will also complete part of the Urban Trail Designated Route. • N. Aspen Dr. • E. Sierra Madre Dr. • N. Boulder Dr. • E. Richwood Blvd. Section 33 Figure 1414 See Pages 29 and 30 for Map Enlargements 2727 The significant roadways south of Shea Blvd. include the following: • N. Saguaro Blvd. • E. Laser Dr. to E. Tombstone Ave (See figure 14 on previous page) APPROACH TO MAINTAINING TOWN STANDARDS FOR BICYCLE FACILITIES The Town has done an excellent job, where space permits, of incorporating and including bike lanes and bike routes into their existing street infrastructure. The Town tries to implement the Maricopa Association of Governments’ recommendations of bike lane widths: • Where adjacent to on street parking providing 5 feet minimum • Where adjacent to curb with gutter providing 4 feet minimum (exclusive of gutter) • Where additional space is available, buffers should be considered The recommended improvements to the Town’s existing bike lanes and bike routes are focused on closing several gaps along Fountain Hills Blvd. and consistently applying the use of Manual on Uniform Traffic Control Devices (MUTCD) and/or National Association of City Transportation Official (NACTO) signage and striping protocols on all of the existing bike lanes and bike routes that exist within the Town. The signage and striping protocols currently in use throughout the Town provide motorists and bicyclists with established lanes for use and help with general awareness, with a primary goal of reducing Section 33 Figure 1515 See Pages 31 and 32 for Map Enlargements Simulation of Sidewalk Addition Existing Conditions Simulation of Sidewalk Addition 2828 conflicts between automobiles and bicycles. Green pavement markings, not currently in use within the Town, have received FHWA approval and are being more commonly used in situations where conflicts between motorists and bicyclists, such as where a motorists must cross over a bike lane to make a right turn, or through an intersection. The use of these materials provides additional benefits that includes reflectivity, assisting in identifying these conflict areas in the early morning or evening hours. Utiliztion of the green paint or clearly identifiying the various travel ways are options the Town can evaluate. It should be noted that Town Maintenance staff does have concerns with the longevity, costs, and maintenance of the colored pavement therefore the use of this method will need to be evaluted based on specific location need and available funding. (See Figure 15 on previous page.) APPROACH TO ESTABLISHING TOWN STANDARDS FOR SIDEWALK FACILITIES Sidewalk additions will follow current Town Standards, per Article 3 of the Subdivision Ordinance, of providing a Maricopa Association of Governments (MAG) standard 8’-0” wide concrete sidewalk for arterials, 6’-0” wide concrete sidewalk for collectors and 5’-0” minimum on hillsides. The sidewalk should always maintain a five-foot unobstructed width where circumstances dictate a different width to the standard stated above. All sidewalks will be designed to comply with the latest edition of Americans with Disabilities Act (ADA). When a sidewalk addition is adjacent to any vertical drop of equal to or greater than 30” a safety rail will be provided, however the safety rail should not obstruct the stated sidewalk width standards. IMPLEMENTATION STRATEGY The Town’s focus remains centered upon updating the Long Range Sidewalk Plan and Bike Plans. The emphasis on improving the bike lanes and bike routes will be focused on closing the gaps on Fountain Hills Blvd. and improving the consistency of bicycle lane and route signage and pavement markings throughout the Town. Such attention includes focusing on adding approved bike markings in streets with bike lanes and bike routes signage and lane markings at the major intersections within the Town. The focus of the sidewalk improvements will be to radiate improvements out from the central core business district of downtown and the areas around Fountain Park. The Town would then shift the focus to areas around the existing schools and parks so that safe routes to schools are connected and developed and park access is improved. This approach will provide the Town with a level of focus that is concentrated in these specific areas ensuring that the highest levels of connectivity are being evaluated and met around each of these targeted areas. This focused approach will provide the Town the flexibility needed to pivot and address any other areas within the Town and how that refocus would connect into and become a part of the overall active transportation network. The areas of emphasis for sidewalks were developed with a focus on several key characteristics that include the following: • Concentrate energies and budgets to close gaps in pedestrian connections surrounding Fountain Park. • Focus within the Downtown Core area making the existing commercial district accessible and truly multimodal. • Continue to look for connections to the existing schools and parks within the Town so that students and parents have connected routes for walking to and from school and the local parks. • Examine how connectivity in areas of highest population density can be improved. • Concentrate within each area on making connections within and to the surrounding minor arterials that serve as the backbone of the transportation infrastructure network of the Town. • Radiate improvements and connectivity outwards from the Downtown Core area and school and park routes to other areas of the Town. Ensure that the Town’s existing collector roadway system is improved to accommodate pedestrians and bicyclists. Focus first within the existing collector roadway pavement areas, where feasible, and transition outward beyond the existing pavement edges only where grading or impact to the surrounding development is minimized. Examine connectivity to and around the Town’s existing trail heads to improve access to those recreational activities by residents. (See figures 16a, 16b, 17a, and 17b on following pages.) Section 33 NACTO Intersection Striping NACTO Indicator of Approaching Intersection 2929 Figure 16a16a Section 33 Match Line - See Figure 16B 3030 Section 33 Figure 16b16b Match Line - See Figure 16A 3131 Figure 17a17a Section 33 Match Line - See Figure 17B 3232 Section 33 Figure 17b17b Match Line - See Figure 17A 3333 TYPICAL COSTS EVALUATION This plan has developed a series of templates for use by Town officials for estimating probable construction costs associated with installing sidewalks and signing and striping routes for bicyclists. The cost templates do not take into consideration any land acquisition costs or the costs associated with establishing any legal easements. These were not taken into consideration as all work is targeted to occur within the Town’s existing right of way and existing street development envelopes. The templates have been established so that Town personnel can utilize these cost estimating templates to assist in establishing Capital Improvement Program (CIP) budgets for future sidewalk and bicycle lane and bicycle route improvements. The estimates include a Cost of Living Adjustment (COLA) that has been established at 3% per year. The estimates also include several design contingency percentages that provide cost for design, construction unknowns, as well as establishing and accommodating owner directed changes or modifications associated with each project. There is a template for each of the following scenarios: (See figure 18) • Street Narrowing for Minor Arterials: This applies to existing roadways with an established pavement width of between 72’-80’ as measured between existing backs of curbs. The roadways for this possibility would not have any medians. These would allow for a roadway narrowing that would accommodate five (5) lanes of automobile traffic plus on street parking and/or bike lanes and new curb and gutter with a new, separated, concrete sidewalk. The space available within these existing parameters after narrowing would include a separated concrete sidewalk width of approximately eight (8) feet. (See figure 18) • Street Narrowing for Major Collectors: This applies to existing roadways with an established pavement width of between 48’-64’ as measured between existing backs of curbs. The roadways for this possibility would not have any medians. These would allow for a roadway narrowing that would accommodate three (3) lanes of automobile traffic plus on-street parking and/or bike lanes, new curb and gutter with a new, separated, concrete sidewalk. The space available within these existing parameters, after narrowing, would include an 8ft wide detached sidewalk with a landscape separation buffer (4-8ft in width) on either side of the sidewalk. (See figure 18) • Street Narrowing for Local Streets: This applies to existing roadways with an established pavement width of between 28’-36’ as measured between existing backs of curbs. The roadways for this possibility would not have any medians. These would allow for a roadway narrowing that would accommodate two (2) lanes of automobile traffic, a new curb and gutter with a new, separated, concrete sidewalk. The space available within these existing parameters after narrowing would include a separated concrete sidewalk width of approximately Section 33 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Acres 0.00 NA NA SF 0.00 NA NA 1.00 General Requirements (Mobilization, Demobilization, Fences, Gates, Quality Control Testing, Special Inspections, Etc.) Industry Standard Percentage of Total SF % 0.00 20.00%$0.00 2.00 Site Demolition Industry Standard Percentage of Total SF Typical Street Pavement % 0.00 5.00%$0.00 3.00 Complex Earthwork Due to Town of Fountain Hills Slope - Subgrade Prep for New Sidewalk Area CY 0.00 $16.00 $0.00 4.00 Compacted Side Slopes, assume 1.5' depth, 4:1 side slope CY 0.00 $16.00 $0.00 5.00 Landscape and Irrigation Restoration Along Edge of Sidewalk Restoration Extends Out 4 Feet from SW Edge SF 0.00 $3.00 $0.00 Miles NA NA LF 0 NA NA FT 6 NA NA 6.00 New Concrete Sidewalk Per MAG Standard (Detail #230)SF 0.00 $10.00 $0.00 7.00 Shared Use Signage & Wayfinding (Signage Every 1/2 Mile Footing, Post and Sign)EA 0.00 $2,500.00 $0.00 8.00 Retaining Wall (Concrete Footing, CMU Block Less Than 30" Height) (Field Verify Length)LF $110.00 $0.00 9.00 Concrete Driveway Improvements (Field Verify Driveway Measurements)SF $15.00 $0.00 10.00 Utility Relocations Allowance (Lump Sum Placeholder Field Verify Amount) LS 1.00 $0.00 11.00 Drainage Improvements Allowance (Field Verify Drainage Needs)LS 1.00 $0.00 12.00 Remove and Relocate Residential Obstructions Allowance (Mailbox, Lighting, Riprap, Etc.) (Field Verify Amount)LS 1.00 $0.00 13.00 ADA Ramps at Corners/Street Intersections EA $3,500.00 $0.00 $0.00 14.00 General Conditions Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 15.00 Design Contingency 10.00% NA $0.00 $0.00 16.00 Construction Contingency 5.00% NA $0.00 $0.00 17.00 Insurance Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 18.00 Bonds Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 19.00 Contractors Fee with Corporate Overhead Industry Standard Percentage of Total Construction 6.00% NA $0.00 $0.00 20.00 Sales Tax (2020) Town of Fountain Hills for Construction 9.20% NA $0.00 $0.00 21.00 Design Fees (No Post Design Efforts)7.00% NA $0.00 $0.00 22.00 Permit Fees Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 23.00 Owner Contingency 10.00% NA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fill In All Yellow Highlighted Cells. This Template Identified for very limited areas only where sidewalk is being added outside of the existing roadway pavement envelope Direct Costs Spreadsheet Determines Base Project Area in Acres Based On 6 Feet of Area for New Sidewalk Spreadsheet will Calculate Known Base Project Area in Square Foot Determine Sidewalk Pathway Length in Miles Spreadsheet will Calculate Sidewalk Length in LF Establishing A CIP - Cost Template Town of Fountain Hills New MAG Concrete Sidewalk (Identify Section/Location of TOFH Sidewalk) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering and Environmental Design, LLC New Concrete Sidewalk 6' Width Note: Cost of Sidewalk System does not include any costs or fees associated with new curb and gutter, street improvements, land costs, easements or legal fees. This cost is for MAG Concrete sidewalk installation only and repair or replacement of adjacent driveways and landscape. Landscape Restoration includes reconnected/repair of existing drip irrigation if present, supply and placement of new granite, and minimal new plantings to replace plants that may be disturbed or disrupted due to construction. Sub-Total Direct Project Costs Indirect Costs Sub-Total Indirect Project Costs Sub-Total Potential Project Costs Direct and Indirect Cost of Living Adjustment (COLA) applied at 3% per year Total Potential Project Costs Direct, Indirect & COLA 4/26/2021 1 of 14 OPINION OF PROBABLE COST Figure 1818 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Acres 0.00 NA NA SF 0.00 NA NA 1.00 General Requirements (Mobilization, Demobilization, Fences, Gates, Quality Control Testing, Special Inspections, Etc.) Industry Standard Percentage of Total SF % 0.00 20.00%$0.00 Miles NA NA LF 0 NA NA FT 8 NA NA 2.00 Sawcut and Remove Existing Asphalt for Eight (8) Foot Sidewalk Addition SY 0.00 $16.00 $0.00 3.00 Sawcut and Remove Existing Curb and Gutter LF 0.00 $8.00 $0.00 4.00 Earthwork Grading Raising Existing Grade of Removal Area for Sidewalk by 4" Depth CY 0.00 $16.00 $0.00 5.00 New Concrete Curb and Gutter Per MAG Standard Vertical Curb and Gutter (Detail #220-1 Type A)LF 0.00 $30.00 $0.00 6.00 Replace Two (2) Feet of Adjacent Asphalt Paving Including ABC SY 0.00 $40.00 $0.00 7.00 New Concrete Sidewalk Per MAG Standard (Detail #230)SF 0.00 $10.00 $0.00 8.00 Concrete Driveway Improvements (Field Verify Driveway Measurements)SF $15.00 $0.00 9.00 Utility Relocations Allowance (Lump Sum Placeholder Field Verify Amount) LS 1.00 $0.00 10.00 Drainage Improvements Allowance (Field Verify Drainage Needs)LS 1.00 $0.00 11.00 ADA Ramps at Corners/Street Intersections EA $3,500.00 $0.00 12.00 Signage (Signage Every 1/2 Mile Footing, Post and Sign)EA 0.00 $2,500.00 $0.00 13.00 Pavement Markings and Striping LF 0.00 $0.50 $0.00 14.00 Landscape Enhancement Disturbed R/W - New Strip of Decomposed Granite and Native Seeding If Appropriate SF 0.00 $1.25 $0.00 $0.00 15.00 General Conditions Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 16.00 Design Contingency 10.00% NA $0.00 $0.00 17.00 Construction Contingency 5.00% NA $0.00 $0.00 18.00 Insurance Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 19.00 Bonds Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 20.00 Contractors Fee with Corporate Overhead Industry Standard Percentage of Total Construction 6.00% NA $0.00 $0.00 21.00 Sales Tax (2020) Town of Fountain Hills for Construction 9.20% NA $0.00 $0.00 22.00 Design Fees (No Post Design Efforts)7.00% NA $0.00 $0.00 23.00 Permit Fees Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 24.00 Owner Contingency 10.00% NA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ± 72' - 80' Wide Corridors to Back of Existing Curb No Median Direct Costs Spreadsheet Determines Base Project Area in AcresBased On 8 Feet of Area for New Sidewalk Spreadsheet will Calculate Known Base Project Area in Square Foot Provide for Five (5) Lanes of Automobile Traffic Plus Parking and/or Bike Lanes and New Curb Separated Sidewalk Cost of Living Adjustment (COLA) applied at 3% per year Total Potential Project Costs Direct, Indirect & COLA Determine Street Narrowing Project Length in Miles or Decimals of a Mile Sub-Total Indirect Project Costs Sub-Total Potential Project Costs Direct and Indirect Prepared by J2 Engineering and Environmental Design, LLC Fill In All Yellow Highlighted Cells This Template Identified for Fountain Hills Blvd., for most of the length north of Palisades; Saguaro, north of La Montana and others that meet dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Minor Arterials (Identify Section/Location of TOFH Minor Arterial Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Note: Cost of Roadway Reduction Design does not include any costs or fees associated with land costs, easements or legal fees. All work is intended to occur within existing street pavement widthsLandscape cost is only for a four foot (4') strip of new standard size granite along pavement edge and if needed native seeding as appropriate. Spreadsheet will Calculate Sidewalk Length in LF Pedestrian Area Narrow Existing Roadway Width Sub-Total Direct Project Costs Indirect Costs 4/26/2021 2 of 14 OPINION OF PROBABLE COST ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Acres 0.00 NA NA SF 0.00 NA NA 1.00 General Requirements (Mobilization, Demobilization, Fences, Gates, Quality Control Testing, Special Inspections, Etc.) Industry Standard Percentage of Total SF % 0.00 20.00%$0.00 Miles NA NA LF 0 NA NA FT 16 NA NA 2.00 Sawcut and Remove Existing Asphalt for Eight (16) Foot Sidewalk Addition SY 0.00 $16.00 $0.00 3.00 Sawcut and Remove Existing Curb and Gutter LF 0.00 $8.00 $0.00 4.00 Earthwork Grading Raising Existing Grade of Removal Area for Sidewalk by 4" Depth CY 0.00 $16.00 $0.00 5.00 New Concrete Curb and Gutter Per MAG Standard Vertical Curb and Gutter (Detail #220-1 Type A)LF 0.00 $30.00 $0.00 6.00 Replace Two (2) Feet of Adjacent Asphalt Paving Including ABC SY 0.00 $40.00 $0.00 7.00 New Concrete Sidewalk Per MAG Standard (Detail #230)SF 0.00 $10.00 $0.00 8.00 Concrete Driveway Improvements (Field Verify Driveway Measurements)SF $15.00 $0.00 9.00 Utility Relocations Allowance (Lump Sum Placeholder Field Verify Amount) LS 1.00 $0.00 10.00 Drainage Improvements Allowance (Field Verify Drainage Needs)LS 1.00 $0.00 11.00 ADA Ramps at Corners/Street Intersections EA $3,500.00 $0.00 12.00 Signage (Signage Every 1/2 Mile Footing, Post and Sign)EA 0.00 $2,500.00 $0.00 13.00 Pavement Markings and Striping LF 0.00 $0.50 $0.00 14.00 Landscape Enhancement Disturbed R/W - New Strip of Decomposed Granite and Native Seeding If Appropriate SF 0.00 $1.25 $0.00 $0.00 15.00 General Conditions Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 16.00 Design Contingency 10.00% NA $0.00 $0.00 17.00 Construction Contingency 5.00% NA $0.00 $0.00 18.00 Insurance Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 19.00 Bonds Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 20.00 Contractors Fee with Corporate Overhead Industry Standard Percentage of Total Construction 6.00% NA $0.00 $0.00 21.00 Sales Tax (2020) Town of Fountain Hills for Construction 9.20% NA $0.00 $0.00 22.00 Design Fees (No Post Design Efforts)7.00% NA $0.00 $0.00 23.00 Permit Fees Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 24.00 Owner Contingency 10.00% NA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fill In All Yellow Highlighted Cells This Template Identified for Kingstree, Palomino, El Lago, Verde River, Parkview, Glenbrook, El Pueblo; Golden Eagle (northwest of Sierra Madre/Boulder) and others that meet the dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Major Collectors± 48'- 64' Wide Corridors to Back of Existing Curb No MedianProvide for Three (3) Lanes of Automobile Traffic Plus Parking and/or Bike Lanes and New Curb Separated Sidewalk (Identify Section/Location of TOFH Major Collector Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering and Environmental Design, LLC Direct Costs Spreadsheet Determines Base Project Area in AcresBased On 16 Feet of Area for New Sidewalk Spreadsheet will Calculate Known Base Project Area in Square Foot Sub-Total Potential Project Costs Direct and Indirect Cost of Living Adjustment (COLA) applied at 3% per year Total Potential Project Costs Direct, Indirect & COLA Note: Cost of Roadway Reduction Design does not include any costs or fees associated with land costs, easements or legal fees. All work is intended to occur within existing street pavement widthsLandscape cost is only for a four foot (4') strip of new standard size granite along pavement edge and if needed native seeding as appropriate. Determine Street Narrowing Project Length in Miles or Decimals of a Mile Spreadsheet will Calculate Sidewalk Length in LF Pedestrian Area Narrow Existing Roadway Width Sub-Total Direct Project Costs Indirect Costs Sub-Total Indirect Project Costs 4/26/2021 3 of 14 OPINION OF PROBABLE COST ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Acres 0.00 NA NA SF 0.00 NA NA 1.00 General Requirements (Mobilization, Demobilization, Fences, Gates, Quality Control Testing, Special Inspections, Etc.) Industry Standard Percentage of Total SF % 0.00 20.00%$0.00 Miles NA NA LF 0 NA NA FT 8 NA NA 2.00 Sawcut and Remove Existing Asphalt for Eight (8) Foot Sidewalk Addition SY 0.00 $16.00 $0.00 3.00 Sawcut and Remove Existing Curb and Gutter LF 0.00 $8.00 $0.00 4.00 Earthwork Grading Raising Existing Grade of Removal Area for Sidewalk by 4" Depth CY 0.00 $16.00 $0.00 5.00 New Concrete Curb and Gutter Per MAG Standard Vertical Curb and Gutter (Detail #220-1 Type A)LF 0.00 $30.00 $0.00 6.00 Replace Two (2) Feet of Adjacent Asphalt Paving Including ABC SY 0.00 $40.00 $0.00 7.00 New Concrete Sidewalk Per MAG Standard (Detail #230)SF 0.00 $10.00 $0.00 8.00 Concrete Driveway Improvements (Field Verify Driveway Measurements)SF $15.00 $0.00 9.00 Utility Relocations Allowance (Lump Sum Placeholder Field Verify Amount) LS 1.00 $0.00 10.00 Drainage Improvements Allowance (Field Verify Drainage Needs)LS 1.00 $0.00 11.00 ADA Ramps at Corners/Street Intersections EA $3,500.00 $0.00 12.00 Signage (Signage Every 1/2 Mile Footing, Post and Sign)EA 0.00 $2,500.00 $0.00 13.00 Pavement Markings and Striping LF 0.00 $0.50 $0.00 14.00 Landscape Enhancement Disturbed R/W - New Strip of Decomposed Granite and Native Seeding If Appropriate SF 0.00 $1.25 $0.00 $0.00 15.00 General Conditions Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 16.00 Design Contingency 10.00% NA $0.00 $0.00 17.00 Construction Contingency 5.00% NA $0.00 $0.00 18.00 Insurance Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 19.00 Bonds Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 20.00 Contractors Fee with Corporate Overhead Industry Standard Percentage of Total Construction 6.00% NA $0.00 $0.00 21.00 Sales Tax (2020) Town of Fountain Hills for Construction 9.20% NA $0.00 $0.00 22.00 Design Fees (No Post Design Efforts)7.00% NA $0.00 $0.00 23.00 Permit Fees Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 24.00 Owner Contingency 10.00% NA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fill In All Yellow Highlighted Cells This Template Identified for multiple streets that meet the dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Local Streets± 28' - 36' Wide Corridors to Back of Existing Curb No Median Provide for Two (2) Lanes of Automobile Traffic and New Curb Separated Sidewalk (Identify Section/Location of TOFH Local Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering and Environmental Design, LLC Direct Costs Spreadsheet Determines Base Project Area in Acres Based On 8 Feet of Area for New Sidewalk Spreadsheet will Calculate Known Base Project Area in Square Foot Sub-Total Potential Project Costs Direct and Indirect Cost of Living Adjustment (COLA) applied at 3% per year Total Potential Project Costs Direct, Indirect & COLA Note: Cost of Roadway Reduction Design does not include any costs or fees associated with land costs, easements or legal fees. All work is intended to occur within existing street pavement widths. Landscape cost is only for a four foot (4') strip of new standard size granite along pavement edge and if needed native seeding as appropriate. Determine Street Narrowing Project Length in Miles or Decimals of a Mile Spreadsheet will Calculate Sidewalk Length in LF Pedestrian Area Narrow Existing Roadway Width Sub-Total Direct Project Costs Indirect Costs Sub-Total Indirect Project Costs 4/26/2021 4 of 14 OPINION OF PROBABLE COST 3434 eight (8) feet. (See figure 18) • Sidewalk addition outside of Roadway Envelope: This template provides a cost comparison relative to developing a new sidewalk within the Town right-of- way, but outside of the existing roadway pavement. The cost to develop these sidewalks will be higher relative to the narrowing scenarios presented in the other templates. The reason for the potential higher cost is directly related to the removal and relocation of residential obstructions that have been erected within the right-of-way (mailboxes, landscape, irrigation systems, etc.) and includes costs associated with possible retaining walls, utility relocations (water meters, gas meters, etc.) and drainage improvements outside of the existing pavement envelope. The inclusion of these costs and their potential impacts will increase the cost associated with adding sidewalks in areas outside of the street pavement. The template for this effort would include a separated concrete sidewalk width of approximately six (6) feet (See figure 18). The templates have been established to function as described below. The idea is that the Town and or a Town hired Consultant would have to fill in the cells with yellow highlights. These cells would include the following information: • Identifying the location where the sidewalk or bicycle facility addition is to occur. • Determining the length of the sidewalk or bicycle facility addition in decimals of a mile based upon measuring from the Town GIS data base, Google Earth images or field measurements. • Determining the Concrete Driveway impacts (if needed) as measured based upon measuring from the Town GIS data base, Google Earth images or field measurements. • Creating an allowance for Utility Relocations based upon Town GIS data base, Google Earth images or field observations (note no potholing included). • Creating an allowance for Drainage Improvements based upon Town GIS data base, Google Earth images or field observations. • Creating an allowance for updating or adding ADA Ramps at Corner or Mid-Block crossings based upon Town GIS data base, Google Earth images or field observations. Additional information as part of the templates: The template for sidewalk addition, outside of existing roadway improvements, includes allowances that would have to be estimated for potential retaining walls, utility relocations, drainage improvements and the removal and relocation of existing residential obstructions that have been erected within the Town’s right-of-way. Establishing the anticipated year targeted for construction so the correct COLA can be applied to the construction must be entered into the templates. And finally, the sales tax percentage must be determined for each year. The current template includes the 2020 sales tax percentage. Each spreadsheet template calculation includes a conservative projected construction cost and provides the Town with cost estimates that can be used to establish a current or future CIP budget. Based on priorities of the Town for implementation of improvements the following seven (7) projects have been identified: (1) Saguaro Blvd: (See figure 1 page vi) Desert Vista to El Lago La Montana Dr to Fountain Hills Blvd (2) Palisades Blvd: (See figure 2 page vi) Almont Dr to Ave of the Fountains (3)Downtown Improvements (See figure 3 page vi) (4) El Pueblo Blvd: (See figure 4 page vii) Ivory Dr to Grande Blvd - including: Grande Blvd: Arrowweed Dr to EL Pueblo Blvd Calaveras Ave: Council Ct to El Pueblo Blvd (5) Glenbrook Blvd: (See figure 5 page vii) Bainbridge Ave to Fountain Hills Blvd (6)El Lago: (See figure 6 page viii) Palisades Blvd to Mountainside Dr (7) Kingstree Blvd: (See figure 7 page viii) Fountain Hills Blvd to Saguaro Blvd Section 33 Fountain Park Signature Feature Fountain Hills On The Move Section 4 Appendix ii Botanical Name Common Name Acacia aneura Mulga Acacia salicina Willow Acacia Acacia stenophylla Shoestring Acacia Acacia willardiana Palo Blanco Caesalpinia cacalaco Smoothie Thornless Cascalote Cercidium hybrid Thornless Palo Verde Species Chilopsis linearis (varieties available)Desert Willow Dalbergia sissoo Rosewood Olea europaea (fruitless)Olive Tree Fruitless Pistacia chinensis Chinese Pistache Prosopis hybrid Thornless Mesquite Species Prosopis glandulosa thornless variety Thornless Texas Honey Mesquite Quercus species Oak Tree Species Sophora secundiflora Texas Mountain Laural Vitex angus-castus Chaste Tree Botanical Name Common Name Abutilon palmeri Indian Mallow Aloe varieties Aloe species Ambrosia deltoidea Triangleleaf Bursage Ambrosia dumosa White Bursage Asclepias subulata Desert Milkweed Caesalpinia pulcherrima Red Bird of Paradise Cordia parvifolia Little Leaf Cordia Dalea varieties Dalea species Dasylirion varieties Desert Spoon species Dodonaea viscosa Hop Bush Encelia farinosa Brittlebush Eremophila varieties Eremophila species Euphorbia varieties Euphoribia species Hesperaloe varieties Hesperaloe species Justicia varieties Chuparosa species Lantana varieties Lantana species Leucophyllum varieties Sage species Maytenus phyllanthoides Mangle Dulce Muhlenbergia varieties Muhly species Nolina varieties Nolina species Pedilanthus varieties Lady slipper species Ruellia varieties Ruellia species Russelia equisetiformis Firecracker Bush Salvia varieties Salvia species Senna varieties Senna species Simmondsia varieties Jojoba species Tecoma varieties Tecoma species Verbena rigida Sandpaper verbina Active Transportation Town of Fountain Hills Preliminary Thornless Plant Lists Recommended for Town Right-of-Way Areas Adjacent to Public Sidewalks Thornless Trees Thornless Accents/Shrubs/Ground Covers Plant selections within this list is not meant to be all inclusive or exhaustive but it meant to offer a surprisingly diverse selection of thornless low-water-use landscape plants that are adapted to the Town of Fountain Hills environments. Blending this distinctive palette of colors, forms, and textures can create plant combinations that can suit any landscape situation. Care should be taken in plant selection based on exposure, available space (height and width), availability or need for supplemental irrigation, visibility and sight distance considerations, maintenance requirements and other site specific considerations. There are many other plant lists and opportunities to explore the wide diversity of plants available in the Sonoran Desert that can provide the diversity of color, form, texture, safety and maintainability for landscape areas adjacent to public sidewalks within the Town of Fountain Hills. Suggested Plant Lists Adjacent to Sidewalks iiii ADOT education documents available to public agencies Additional information at http://www.azbikeped.org/bicycling-street-smarts.asp A guide for bicyclists and motorists published by the Arizona Department of Transportation 2014 Edition A guide for drivers and pedestrians published by the Arizona Department of Transportation 2017 Edition Sharing the Road with Pedestrians iiiiii Cost Templates ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Acres 0.00 NA NA SF 0.00 NA NA 1.00 General Requirements (Mobilization, Demobilization, Fences, Gates, Quality Control Testing, Special Inspections, Etc.) Industry Standard Percentage of Total SF % 0.00 20.00%$0.00 2.00 Site Demolition Industry Standard Percentage of Total SF Typical Street Pavement % 0.00 5.00%$0.00 3.00 Complex Earthwork Due to Town of Fountain Hills Slope - Subgrade Prep for New Sidewalk Area CY 0.00 $16.00 $0.00 4.00 Compacted Side Slopes, assume 1.5' depth, 4:1 side slope CY 0.00 $16.00 $0.00 5.00 Landscape and Irrigation Restoration Along Edge of Sidewalk Restoration Extends Out 4 Feet from SW Edge SF 0.00 $3.00 $0.00 Miles NA NA LF 0 NA NA FT 6 NA NA 6.00 New Concrete Sidewalk Per MAG Standard (Detail #230)SF 0.00 $10.00 $0.00 7.00 Shared Use Signage & Wayfinding (Signage Every 1/2 Mile Footing, Post and Sign)EA 0.00 $2,500.00 $0.00 8.00 Retaining Wall (Concrete Footing, CMU Block Less Than 30" Height) (Field Verify Length)LF $110.00 $0.00 9.00 Concrete Driveway Improvements (Field Verify Driveway Measurements)SF $15.00 $0.00 10.00 Utility Relocations Allowance (Lump Sum Placeholder Field Verify Amount) LS 1.00 $0.00 11.00 Drainage Improvements Allowance (Field Verify Drainage Needs)LS 1.00 $0.00 12.00 Remove and Relocate Residential Obstructions Allowance (Mailbox, Lighting, Riprap, Etc.) (Field Verify Amount)LS 1.00 $0.00 13.00 ADA Ramps at Corners/Street Intersections EA $3,500.00 $0.00 $0.00 14.00 General Conditions Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 15.00 Design Contingency 10.00% NA $0.00 $0.00 16.00 Construction Contingency 5.00% NA $0.00 $0.00 17.00 Insurance Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 18.00 Bonds Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 19.00 Contractors Fee with Corporate Overhead Industry Standard Percentage of Total Construction 6.00% NA $0.00 $0.00 20.00 Sales Tax (2020) Town of Fountain Hills for Construction 9.20% NA $0.00 $0.00 21.00 Design Fees (No Post Design Efforts)7.00% NA $0.00 $0.00 22.00 Permit Fees Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 23.00 Owner Contingency 10.00% NA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fill In All Yellow Highlighted Cells. This Template Identified for very limited areas only where sidewalk is being added outside of the existing roadway pavement envelope Direct Costs Spreadsheet Determines Base Project Area in Acres Based On 6 Feet of Area for New Sidewalk Spreadsheet will Calculate Known Base Project Area in Square Foot Determine Sidewalk Pathway Length in Miles Spreadsheet will Calculate Sidewalk Length in LF Establishing A CIP - Cost Template Town of Fountain Hills New MAG Concrete Sidewalk (Identify Section/Location of TOFH Sidewalk) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering and Environmental Design, LLC New Concrete Sidewalk 6' Width Note: Cost of Sidewalk System does not include any costs or fees associated with new curb and gutter, street improvements, land costs, easements or legal fees. This cost is for MAG Concrete sidewalk installation only and repair or replacement of adjacent driveways and landscape. Landscape Restoration includes reconnected/repair of existing drip irrigation if present, supply and placement of new granite, and minimal new plantings to replace plants that may be disturbed or disrupted due to construction. Sub-Total Direct Project Costs Indirect Costs Sub-Total Indirect Project Costs Sub-Total Potential Project Costs Direct and Indirect Cost of Living Adjustment (COLA) applied at 3% per year Total Potential Project Costs Direct, Indirect & COLA 4/26/2021 1 of 14 OPINION OF PROBABLE COST ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Acres 0.00 NA NA SF 0.00 NA NA 1.00 General Requirements (Mobilization, Demobilization, Fences, Gates, Quality Control Testing, Special Inspections, Etc.) Industry Standard Percentage of Total SF % 0.00 20.00%$0.00 Miles NA NA LF 0 NA NA FT 8 NA NA 2.00 Sawcut and Remove Existing Asphalt for Eight (8) Foot Sidewalk Addition SY 0.00 $16.00 $0.00 3.00 Sawcut and Remove Existing Curb and Gutter LF 0.00 $8.00 $0.00 4.00 Earthwork Grading Raising Existing Grade of Removal Area for Sidewalk by 4" Depth CY 0.00 $16.00 $0.00 5.00 New Concrete Curb and Gutter Per MAG Standard Vertical Curb and Gutter (Detail #220-1 Type A)LF 0.00 $30.00 $0.00 6.00 Replace Two (2) Feet of Adjacent Asphalt Paving Including ABC SY 0.00 $40.00 $0.00 7.00 New Concrete Sidewalk Per MAG Standard (Detail #230)SF 0.00 $10.00 $0.00 8.00 Concrete Driveway Improvements (Field Verify Driveway Measurements)SF $15.00 $0.00 9.00 Utility Relocations Allowance (Lump Sum Placeholder Field Verify Amount) LS 1.00 $0.00 10.00 Drainage Improvements Allowance (Field Verify Drainage Needs)LS 1.00 $0.00 11.00 ADA Ramps at Corners/Street Intersections EA $3,500.00 $0.00 12.00 Signage (Signage Every 1/2 Mile Footing, Post and Sign)EA 0.00 $2,500.00 $0.00 13.00 Pavement Markings and Striping LF 0.00 $0.50 $0.00 14.00 Landscape Enhancement Disturbed R/W - New Strip of Decomposed Granite and Native Seeding If Appropriate SF 0.00 $1.25 $0.00 $0.00 15.00 General Conditions Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 16.00 Design Contingency 10.00% NA $0.00 $0.00 17.00 Construction Contingency 5.00% NA $0.00 $0.00 18.00 Insurance Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 19.00 Bonds Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 20.00 Contractors Fee with Corporate Overhead Industry Standard Percentage of Total Construction 6.00% NA $0.00 $0.00 21.00 Sales Tax (2020) Town of Fountain Hills for Construction 9.20% NA $0.00 $0.00 22.00 Design Fees (No Post Design Efforts)7.00% NA $0.00 $0.00 23.00 Permit Fees Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 24.00 Owner Contingency 10.00% NA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ± 72' - 80' Wide Corridors to Back of Existing Curb No Median Direct Costs Spreadsheet Determines Base Project Area in AcresBased On 8 Feet of Area for New Sidewalk Spreadsheet will Calculate Known Base Project Area in Square Foot Provide for Five (5) Lanes of Automobile Traffic Plus Parking and/or Bike Lanes and New Curb Separated Sidewalk Cost of Living Adjustment (COLA) applied at 3% per year Total Potential Project Costs Direct, Indirect & COLA Determine Street Narrowing Project Length in Miles or Decimals of a Mile Sub-Total Indirect Project Costs Sub-Total Potential Project Costs Direct and Indirect Prepared by J2 Engineering and Environmental Design, LLC Fill In All Yellow Highlighted Cells This Template Identified for Fountain Hills Blvd., for most of the length north of Palisades; Saguaro, north of La Montana and others that meet dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Minor Arterials (Identify Section/Location of TOFH Minor Arterial Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Note: Cost of Roadway Reduction Design does not include any costs or fees associated with land costs, easements or legal fees. All work is intended to occur within existing street pavement widthsLandscape cost is only for a four foot (4') strip of new standard size granite along pavement edge and if needed native seeding as appropriate. Spreadsheet will Calculate Sidewalk Length in LF Pedestrian Area Narrow Existing Roadway Width Sub-Total Direct Project Costs Indirect Costs 4/26/2021 2 of 14 OPINION OF PROBABLE COST iviv ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Acres 0.00 NA NA SF 0.00 NA NA 1.00 General Requirements (Mobilization, Demobilization, Fences, Gates, Quality Control Testing, Special Inspections, Etc.) Industry Standard Percentage of Total SF % 0.00 20.00%$0.00 Miles NA NA LF 0 NA NA FT 16 NA NA 2.00 Sawcut and Remove Existing Asphalt for Eight (16) Foot Sidewalk Addition SY 0.00 $16.00 $0.00 3.00 Sawcut and Remove Existing Curb and Gutter LF 0.00 $8.00 $0.00 4.00 Earthwork Grading Raising Existing Grade of Removal Area for Sidewalk by 4" Depth CY 0.00 $16.00 $0.00 5.00 New Concrete Curb and Gutter Per MAG Standard Vertical Curb and Gutter (Detail #220-1 Type A)LF 0.00 $30.00 $0.00 6.00 Replace Two (2) Feet of Adjacent Asphalt Paving Including ABC SY 0.00 $40.00 $0.00 7.00 New Concrete Sidewalk Per MAG Standard (Detail #230)SF 0.00 $10.00 $0.00 8.00 Concrete Driveway Improvements (Field Verify Driveway Measurements)SF $15.00 $0.00 9.00 Utility Relocations Allowance (Lump Sum Placeholder Field Verify Amount) LS 1.00 $0.00 10.00 Drainage Improvements Allowance (Field Verify Drainage Needs)LS 1.00 $0.00 11.00 ADA Ramps at Corners/Street Intersections EA $3,500.00 $0.00 12.00 Signage (Signage Every 1/2 Mile Footing, Post and Sign)EA 0.00 $2,500.00 $0.00 13.00 Pavement Markings and Striping LF 0.00 $0.50 $0.00 14.00 Landscape Enhancement Disturbed R/W - New Strip of Decomposed Granite and Native Seeding If Appropriate SF 0.00 $1.25 $0.00 $0.00 15.00 General Conditions Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 16.00 Design Contingency 10.00% NA $0.00 $0.00 17.00 Construction Contingency 5.00% NA $0.00 $0.00 18.00 Insurance Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 19.00 Bonds Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 20.00 Contractors Fee with Corporate Overhead Industry Standard Percentage of Total Construction 6.00% NA $0.00 $0.00 21.00 Sales Tax (2020) Town of Fountain Hills for Construction 9.20% NA $0.00 $0.00 22.00 Design Fees (No Post Design Efforts)7.00% NA $0.00 $0.00 23.00 Permit Fees Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 24.00 Owner Contingency 10.00% NA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fill In All Yellow Highlighted Cells This Template Identified for Kingstree, Palomino, El Lago, Verde River, Parkview, Glenbrook, El Pueblo; Golden Eagle (northwest of Sierra Madre/Boulder) and others that meet the dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Major Collectors ± 48'- 64' Wide Corridors to Back of Existing Curb No Median Provide for Three (3) Lanes of Automobile Traffic Plus Parking and/or Bike Lanes and New Curb Separated Sidewalk (Identify Section/Location of TOFH Major Collector Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering and Environmental Design, LLC Direct Costs Spreadsheet Determines Base Project Area in AcresBased On 16 Feet of Area for New Sidewalk Spreadsheet will Calculate Known Base Project Area in Square Foot Sub-Total Potential Project Costs Direct and Indirect Cost of Living Adjustment (COLA) applied at 3% per year Total Potential Project Costs Direct, Indirect & COLA Note: Cost of Roadway Reduction Design does not include any costs or fees associated with land costs, easements or legal fees. All work is intended to occur within existing street pavement widthsLandscape cost is only for a four foot (4') strip of new standard size granite along pavement edge and if needed native seeding as appropriate. Determine Street Narrowing Project Length in Miles or Decimals of a Mile Spreadsheet will Calculate Sidewalk Length in LF Pedestrian Area Narrow Existing Roadway Width Sub-Total Direct Project Costs Indirect Costs Sub-Total Indirect Project Costs 4/26/2021 3 of 14 OPINION OF PROBABLE COST ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Acres 0.00 NA NA SF 0.00 NA NA 1.00 General Requirements (Mobilization, Demobilization, Fences, Gates, Quality Control Testing, Special Inspections, Etc.) Industry Standard Percentage of Total SF % 0.00 20.00%$0.00 Miles NA NA LF 0 NA NA FT 8 NA NA 2.00 Sawcut and Remove Existing Asphalt for Eight (8) Foot Sidewalk Addition SY 0.00 $16.00 $0.00 3.00 Sawcut and Remove Existing Curb and Gutter LF 0.00 $8.00 $0.00 4.00 Earthwork Grading Raising Existing Grade of Removal Area for Sidewalk by 4" Depth CY 0.00 $16.00 $0.00 5.00 New Concrete Curb and Gutter Per MAG Standard Vertical Curb and Gutter (Detail #220-1 Type A)LF 0.00 $30.00 $0.00 6.00 Replace Two (2) Feet of Adjacent Asphalt Paving Including ABC SY 0.00 $40.00 $0.00 7.00 New Concrete Sidewalk Per MAG Standard (Detail #230)SF 0.00 $10.00 $0.00 8.00 Concrete Driveway Improvements (Field Verify Driveway Measurements)SF $15.00 $0.00 9.00 Utility Relocations Allowance (Lump Sum Placeholder Field Verify Amount) LS 1.00 $0.00 10.00 Drainage Improvements Allowance (Field Verify Drainage Needs)LS 1.00 $0.00 11.00 ADA Ramps at Corners/Street Intersections EA $3,500.00 $0.00 12.00 Signage (Signage Every 1/2 Mile Footing, Post and Sign)EA 0.00 $2,500.00 $0.00 13.00 Pavement Markings and Striping LF 0.00 $0.50 $0.00 14.00 Landscape Enhancement Disturbed R/W - New Strip of Decomposed Granite and Native Seeding If Appropriate SF 0.00 $1.25 $0.00 $0.00 15.00 General Conditions Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 16.00 Design Contingency 10.00% NA $0.00 $0.00 17.00 Construction Contingency 5.00% NA $0.00 $0.00 18.00 Insurance Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 19.00 Bonds Industry Standard Percentage of Total Construction 1.00% NA $0.00 $0.00 20.00 Contractors Fee with Corporate Overhead Industry Standard Percentage of Total Construction 6.00% NA $0.00 $0.00 21.00 Sales Tax (2020) Town of Fountain Hills for Construction 9.20% NA $0.00 $0.00 22.00 Design Fees (No Post Design Efforts)7.00% NA $0.00 $0.00 23.00 Permit Fees Industry Standard Percentage of Total Construction 3.00% NA $0.00 $0.00 24.00 Owner Contingency 10.00% NA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fill In All Yellow Highlighted Cells This Template Identified for multiple streets that meet the dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Local Streets ± 28' - 36' Wide Corridors to Back of Existing Curb No Median Provide for Two (2) Lanes of Automobile Traffic and New Curb Separated Sidewalk (Identify Section/Location of TOFH Local Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering and Environmental Design, LLC Direct Costs Spreadsheet Determines Base Project Area in Acres Based On 8 Feet of Area for New Sidewalk Spreadsheet will Calculate Known Base Project Area in Square Foot Sub-Total Potential Project Costs Direct and Indirect Cost of Living Adjustment (COLA) applied at 3% per year Total Potential Project Costs Direct, Indirect & COLA Note: Cost of Roadway Reduction Design does not include any costs or fees associated with land costs, easements or legal fees. All work is intended to occur within existing street pavement widths. Landscape cost is only for a four foot (4') strip of new standard size granite along pavement edge and if needed native seeding as appropriate. Determine Street Narrowing Project Length in Miles or Decimals of a Mile Spreadsheet will Calculate Sidewalk Length in LF Pedestrian Area Narrow Existing Roadway Width Sub-Total Direct Project Costs Indirect Costs Sub-Total Indirect Project Costs 4/26/2021 4 of 14 OPINION OF PROBABLE COST Cost Templates vv Priority ProjectsOpinions of Probable Cost 5 4 1 1 3 2 6 7 (1) Saguaro Blvd (2) Palisades (3) Downtown (4) El Pueblo Blvd Calaveras Ave Grande Blvd (5) Glenbrook (6) El Lago Blvd (7) Kingstree Blvd vivi Priority Projects: Opinion of Probable Cost Saguaro Blvd Cost Estimate: $3,700,000 Downtown Cost Estimate: $1,100,000 1 3 1 1 3 Key Map N Palisades Cost Estimate: $710,000 2 2 viivii Priority Projects: Opinion of Probable Cost Glenbrook Cost Estimate: $3,200,000 El Pueblo Blvd Cost Estimate: $4,700,000 Calaveras Ave Cost Estimate: $710,000 Grande Blvd Cost Estimate: $575,000 5 4 5 4 Key Map N viiiviii Priority Projects: Opinion of Probable Cost El Lago Blvd Cost Estimate: $2,200,000 Kingstree Blvd Cost Estimate: $4,100,000 Key Map N 7 6 2 6 7 ixix Survey Monkey Questions What is Active Transportation? Active transportation is any form of human-powered or non- combustion motorized transportation this includes: walking, bicycling. How you can participate. The following survey is one of the methods for you to participate in the Town of Fountain Hills Active Transportation Planning process. In addition public outreach will occur at upcoming community events. Please see https://www.fh.az.gov/activetransportation for an event list. Your voice in the plan is important! The plan will be based upon the Town's unique community needs and setting. Enjoy and thank you! Town of Fountain Hills I Active Transportation Plan 1. Are you a full time resident of the Town of Fountain Hills? Yes No 1 2. (Optional) What age range do you fall within? Under 18 19-35 36-50 51 + Pedestrian Location Location Location Location Location 3. What areas of the Town of Fountain Hills do you walk most frequently? Location Location Location Location Location 4. Are there areas of Town you would like to walk, but you do not because there are no sidewalks? Location Location Location Location Location 5. Are you aware of any gaps in sidewalk connectivity within the Town or your neighborhood? 6. Would you prefer to walk on a dedicated sidewalk or are you okay walking on the street if the street had dedicated walking zones or areas? Dedicated Sidewalk Okay with dedicated on street walking zones 2 xx Survey Monkey Questions 7. Would you support restriping or modifying the existing roadway pavement to accommodate and designate wider pedestrian sidewalks or designated on-street walking areas? Yes No Please specify 8. What is your top destination when walking? Downtown Fountain Park Mountain Trails (Please specify below) School (Please specify below) Library (Please specify below) Shopping (Please specify area or specific location below) Dining (Please specify area or specific location below) Just out for a walk returning home Other (Please specify below) Please specify 9. Do you ever feel unsafe when walking? If yes, please specify below Yes No Bicyclist Location Location Location Location Location 10. What areas of the Town of Fountain Hills do you bicycle most frequently? 3 Location Location Location Location Location 11. Are there areas of Town you would like to bicycle, but you do not because there are no bike lanes? 12. If you bicycle would you prefer to bicycle in a dedicated bicycle lane or share a wider sidewalk with pedestrians? Dedicated bicycle lane Share a wider sidewalk with pedestrians 13. Would you support restriping or modifying the existing roadway pavement to accommodate and designate dedicated bicycle lanes? Yes No Please specify 14. What is your top destination when bicycling? Downtown Fountain Park Mountain Trails (Please specify below) School (Please specify below) Library (Please specify below) Shopping (Please specify area or specific location below) Dining (Please specify area or specific location below) Just out for a ride returning home Other (Please specify below) Please specify 15. Do you ever feel unsafe when biking? If yes, please specify below Yes No 4 xixi Survey Monkey Questions 16. Additional comments about active transportation around the Town of Fountain Hills? Name Email 17. Please enter your contact information if you'd like to stay up-to-date. 5 xiixii Survey Monkey Results Town of Fountain Hills ATP Fountain Hills Blvd, 50% Fountain Park, 15% Shea Blvd, 10% El Lago, 5% Golden Eagle Blvd, 5% Palisades, 5% Saguaro Blvd, 5% Sunridge Drive, 5% Citizen Identified Bicycle Routes to Improve Town of Fountain Hills ATP Just out for a ride returning home, 27% All around town, 16% Mountain Trails, 14% Downtown, 7% McDowell Mountain Park, 7% Rio Verde, 7% Fountain Park, 4% Shopping, 5% Scottsdale, 5% All parks, 2% Eagle Mountain, 2% Middle School, 2%Target, 2% Bicyclists Favorite Destinations Town of Fountain Hills ATP Distracted Drivers, 29% Automobile Traffic, 14% Shea, 14% Cars in Bike Lanes, 14% Palisades, 9% Speed, 10% Lighting, 5% Public Events, 5% Identified Bicycle Safety Issues Town of Fountain Hills ATP Saguaro, 13% Palisades, 12% Fountain Park, 10% All over, 7% Fountain Hills Blvd, 7%Golden Eagle, 5% El Lago Blvd., 5% La Montana, 4% Ave of Fountains, 3% Downtown, 3% Grande Blvd, 2% Grocery stores, 2% McDowell Mountain Park, 2% Northeast, 2% Northwest, 2% Palomino, 2% Rio Verde , 2% Trevino, 2% Golden Eagle, 2% Citizen Identified Most Popular Bicycle Areas or Roadways Other areas mentioned with less than 1% xiiixiii Survey Monkey Results Town of Fountain Hills ATP Speed of Automobile Traffic, 19% Walking in Road, 16% Fountain Hills Blvd, 13% Saguaro Blvd, 10% Wildlife Encounters, 9% Ave of the Fountains, 6% Lack of Crosswalks, 6% Golden Eagle Blvd, 6% Palisades, 6% Panorama, 3% Shea Blvd, 3% Sierra Madre, 3% Public Identified Safety Issues Relative to Walking Town of Fountain Hills ATP Fountain Park, 16% Grocery, 16% Adero Canyon, 8% Avenue of Fountains, 8%Dixie Mine, 8% Downtown Resturants, 8% Library, 8% Municipal Buildings , 8% Bank, 4% Community Center, 4% McDowell Park, 4% Post Office, 4%Target, 4% Public Identified Walking Destinations Town of Fountain Hills ATP Palisades, 16% Fountain Hills Blvd, 14% El Lago, 9% La Montana, 9% Shea Blvd, 9% Golden Eagle, 7% Saguaro, 7% Gunsight, 5% Bainbridge, 2% Bashas area, 2% E Sierra Madre Dr , 2% Fountain Park, 2% Four Peaks , 2% Glenbrook, 2% Mimosa, 2% Oasis, 2% Panorama, 2% Sunridge Canyon , 2%Downtown Area, 2% Roadways with most notable Sidewalk Gaps as identified by Public Town of Fountain Hills ATP Fountain Park, 22% Ave of the Fountains, 12% Downtown, 6% El Lago, 6% Golden Eagle, 6%Palisades, 6% El Lago , 5% Adero Canyon, 4% Fountain Hills Blvd, 4% Saguaro, 4% Sunridge, 4% La Montana, 3% Panarama, 3% Bashas, 2% Desert Canyon, 2% Desert Vista, 2% Safeway, 2% Where Residents Currently Like to Walk Other areas mentioned with less than 1% xivxiv Survey Monkey Results Town of Fountain Hills ATP 1 I am a homeowner in Fountain Hills Part time resident - use property 6 months per year Thank you for requesting our input 2 Enjoy bus stop at El Lago and La Montana 3 We need more designated cross walks in places along major arterials in major business/residential corridors, aggressively marked and using Hawk lights or other warning systems for pedestrians. 4 Educate bikers, walkers, drivers about the rules of the road. I love that FH is so biker/walker friendly. If we had more shade along the routes, it would be even better. The route I take/side of the street I walk on is often based on where the shade is. I actually prefer walking in the road on bike lanes to walking on sidewalks.5 Love urban trails. Walkable, connected community that accommodates wheelchairs and other special needs. 6 It would be nice to have more complete off-road options for getting to McDowell Mountain Park on a mountain bike. The trail that parallels the Thompson Peak jeep road and connects to the Dixie Mine Trail is a nice start, but with all of the washes between the bottom of that trail and various places in town, it should be possible to provide better connections. In case you have any contacts in Scottsdale, by far my biggest concern about biking in the area is the mile or so section of Rio Verde/Dynamite Road that has minimal shoulder (from about 136th St. east). It makes me wonder if they are waiting for someone to get killed there so they can justify putting in a decent shoulder.7 Henderson, Nevada has a pretty good system for bicycle lanes and lightning system - Bend, Oregon is another great place - it would be nice to have a trail around park for runners like Hayden park in Scottsdale 8 Riding bikes with kids can be nervy, larger bike lanes or shared sidewalks would be feel safer 9 on road parking and bike lanes need for additional paint marking on streets public education like using Street Smarts lack of bike racks near businesses! no bike corral check in/check out for events10Need better pedestrian connectivity when crossing streets near Bashas' and Safeway. 11 Dedicated cycling/walking lanes should not be accessible for parking vehicles. That defeats to purpose. 12 Will there be any additional education or mailers about cyclists on roads 13 More sidewalks and crosswalks on Saguaro 14 I don't think anyone should be biking around the lake, but the signage only refers to biking at the amphitheatre. I think the signage should address biking all around the lake. 15 More sidewalks will be great! Lower speed limits and more enforcement might also help. 16 More connectivity please 17 Use the washes as trails/paths for better connectivity 18 There needs to be a ped crossing from parking lot to Overlook trail. The lack of a complete sidewalk down Palisades to Shea makes walking to Fry's suicidal. The inability to bike into Scottsdale from Palisades is a shame. It would connect Scottsdale with FT Hills so other recreationists could more easily visit Ft Hills 19 Need better neighborhood walking access to trail heads, such as Adero Canyon. We live very close, but unable to walk to the trail head, must drive - not preferable.20 The most immediate problem is the growth of flora over sidewalks that force pedestrians to walk on the road, while the roads are also blocked by flora causing vehicles to swerve around them 21 As a relatively new resident in town, I am not yet familiar with all the options available, so my knowledge of gaps or where I would like to walk or bike is still limited. Enhanced bike lanes will encourage me to bike more than I have in recent years. 22 Measures are needed to slotsw traffic in and around Fountain Hills. Drivers have no respect for the posted lim 23 Let's paint the bike/run/walk lanes! 24 Pedestrians and runners need to stay out of dedicated bicycle lanes especially facing oncoming traffic and NOT clearing the pathway for traffic flowing cyclysts. 25 For the most part it's great 26 better integration with our neighbors in Scottsdale 27 The street debris seems to pile up along the shoulders and intersections of our roads. I've ridden behind the street sweeper and noticed debris falling out of the sweeper wheel back onto the road. This forces a cyclist to make the decision to ride through the debris and risk a tire puncture or other bike damage; or to move into the travel lane and compete with cars. Other communities have signal options which allow the cyclist to remain in the bike lane while the traffic light system recognizes their presence - sort of like how our "smart" lights work to pick up cars stopped at a light. 28 With all due respect, I do not believe pedestrians should be able to walk in bicycle lanes when there are sidewalks. Further, a list of safe walking practices should be printed in the paper, and posted at town hall and the community center, I.e., unlawful to walk two abreast in bike lanes. All bikes should be required to have a bike permit; perhaps $2-5.00. Can be handled in community permit dept. Additional Public Comments 09-08-2020 engineering andenvironmental design Town of Fountain Hills Active Transportation Plan 2020 a. 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 p. 480-816-5100 ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of the First Amendment to Professional Services Agreement 2020-058 with D.H. Pace Company, Inc., for door, hardware, and related parts and services. Staff Summary (Background) By utilizing cooperative purchasing agreement contracts, the Town of Fountain Hills has been able to take advantage of competitive pricing from procurement processes of other governmental agencies and municipalities. The 1 Governmental Procurement Alliance ("1GPA") recently solicited bids for needed locks, door hardware, related parts, and services. Based on this competitive process, the 1 Governmental Procurement Alliance (1GPA) awarded the contract to D.H. Pace. D.H. Pace has agreed to extend the 1GPA contract pricing to the Town of Fountain Hills. As a result, the Public Works Department wishes to take advantage of this outstanding pricing by amending a previous Council-approved cooperative purchasing agreement with D.H. Pace from December 2019. One element of the Town’s facility maintenance responsibilities is maintenance and repair of the garage doors, swinging double doors, and access control doors for Town Hall, Fire Stations One and Two, the Community Center, the Library/Museum, and the Street Yard Maintenance Facility. These services are provided by professional vendors hired by the Public Works Department. As part of the annual door maintenance and as-needed repairs agreement, the facilities' supervisor provides a list of locations and time frames where the vendor is required to perform routine maintenance on all Town-owned buildings. The amendment references a (not to exceed) amount of $150,000. However, the underlying multiyear agreement has an unencumbered balance of $49,000. This unencumbered balance will allow staff to continue to ensure all doors receive proper maintenance promptly and address any replacement of doors or hardware, if necessary. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis Not approving the amendment will delay repairs. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the First Amendment to the Professional Services Agreement with D.H. Pace Company. SUGGESTED MOTION MOVE to approve the First Amendment to Professional Services Agreement 2020-058 with D.H. Pace Company, Inc, for door, hardware, and related parts and services. Fiscal Impact Fiscal Impact:$49,000 Budget Reference:N/A Funding Source:Facilities maintenance Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments PROFESSIONAL SERVICES AGREEMENT First Amendment to Professional Service Agreement Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 05/08/2024 02:44 PM Finance Director David Pock 05/08/2024 03:06 PM Town Attorney Aaron D. Arnson 05/13/2024 11:14 AM Town Manager Rachael Goodwin 05/14/2024 02:23 PM Form Started By: Justin Weldy Started On: 05/06/2024 04:14 PM Final Approval Date: 05/14/2024 1 Contract No. 2020-058.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND D.H. PACE COMPANY, INC. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and D.H. Pace Company, Inc., a Delaware corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated December 23, 2019, for the Consultant to provide lock, door, hardware, and related parts and services (the “Materials and Services”). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary to increase the dollar amount on the Agreement with the Consultant for Materials and Services. C. The Town and the Consultant desire to enter this First Amendment to amend the Agreement to provide for compensation to the Consultant for the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1 Compensation. The Town shall pay Consultant an amount not to exceed $150,000 for the Materials and Services. 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to 2 this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. China. Pursuant to and in compliance with A.R.S. § 35-394, Consultant hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Consultant will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Consultant also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Town in defending such as action. 5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 05/21/2024 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 17 Legislative Bulletin - Issue 18 Form Review Form Started By: Linda Mendenhall Started On: 05/13/2024 10:22 AM Final Approval Date: 05/13/2024 Legislative Update: Welcome to Week 18 Welcome to the 18th week of the Arizona legislative session. 1,761 bills, resolutions, and memorials have been introduced. Political Environment Last week, Governor Hobbs signed HB2677 abortion ban; repeal (Stahl Hamilton) repealing the near-total 1864 abortion ban after the Senate passed the bill on a vote of 16-14 with two Republicans joining all Democrats. The contentious Senate debate lasted more than two and a half hours as members harshly criticized the votes of those “on the other side” and made emotional speeches explaining their votes. Despite the Governor’s action, the bill will not become effective until 90 days after the legislature adjourns sine die. The House is adjourned until Wednesday, May 15th. Meanwhile, the Senate plans to return this Wednesday, May 8th and will hold a hearing of the Military Affairs, Public Safety, and Border Security Committee for the consideration of a striker simply titled “border security” to HCR2060 lawful presence; e-verify program; penalties (Toma). With the legislature busy working on hot-button political issues, it seems budget negotiations have made little headway though the Governor recently issued a letter to state agency leaders requesting plans to cut their departmental budgets with the aim of reducing the state budget shortfall by $1.2B for both this fiscal year and next. Recent Floor Action SB1665 municipal development; permits; review (Gowan) would allow developers to choose a private third-party to complete plan reviews and inspections of single-family residential developments if a municipality does not respond in a timely manner. The bill lacks the necessary guardrails to ensure oversight of third parties conducting the work and that developers are correcting issues that are out of compliance with municipal public health and safety standards. While increasing efficiency in the approval process is an admirable goal, cities and towns must also ensure public health and safety standards are not compromised in doing so. 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 Status: Passed House Add. COW Position: OPPOSE HB2275: settlement agreements; report; approval (Marshall) requires cities and towns to send reports outlining the details of settlement agreements if they will cost $500,000 or more to the Governor, Attorney General, and legislative leadership. If the cost of the agreement is $1M or more, it would further require those reports to be sent to the Joint Legislative Budget Committee (JLBC) who may recommend amendments. If reports are not sent at least 90 days prior to entering a settlement agreement, it would be deemed legally unenforceable. The measure adds unnecessary layers of bureaucracy that will likely deter municipalities from entering settlements even when it is in the best interest of the community, leading to protracted legal disputes and court proceedings resulting in increased costs to taxpayers. Status: Passed Senate Third Read 16-13 Position: OPPOSE #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 the state. 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 View in browser Print Version From:League of Arizona Cities and TownsTo:Linda MendenhallSubject:League Arizona Cities and Towns Legislative Bulletin: Issue 18 – May 13, 2024Date:Monday, May 13, 2024 11:31:38 AM EXTERNAL EMAIL Legislative Update: Welcome to Week 19 Welcome to the 19th week of the Arizona legislative session. 1,761 bills, resolutions, and memorials have been introduced. Political Environment The Senate held a hearing of the Military Affairs, Public Safety, and Border Security Committee for the consideration of a striker to a house resolution now titled HCR2060 border; benefits; fentanyl; illegal entry (Toma). The bill is substantially similar to SB1231 state crime; illegal border crossings (Shamp) which passed on party lines and was promptly vetoed by Governor Hobbs earlier this year. The new bill will bypass the Governor’s veto stamp as it is now a ballot referral for residents to decide upon should it ultimately pass both chambers of the legislature and be transmitted to the Secretary of State. The committee approved the measure on a vote of 4-3 before ultimately receiving a do-pass-as-amended recommendation by the Senate Committee of the Whole. Meanwhile, budget negotiations continue to move at a glacial pace. Although staff meetings between the legislature and the Ninth Floor have been ongoing, they have yet to yield any iteration of a potential deal. Unlike last year when members were allocated millions to direct toward their priorities, they now must decide what programs and services they want to protect from the inevitable cuts that must be made to balance the budget. Zoning Legislation HB2584 residential building materials; requirements; prohibition (Gillette) originally would have preempted cities and towns from regulating building materials for single-family homes if they were approved for use by a national model code. The Senate debated an amendment that would have allowed cities and towns to continue regulating building materials but further inserted provisions preempting the regulation of design standards. This same policy was found in HB2570 planning; home design; restrictions; prohibition (Biasiucci) which was vetoed by the Governor earlier this year. The preemption provision would have reduced the ability of local governments to work with citizens to determine and preserve community character and ensure quality neighborhood development. 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 Status: FAILED Senate Third Read 14-14 Position: OPPOSE HB2720 accessory dwelling units; requirements (Carbone) would require municipalities with a population of 75,000 or more to allow for the construction of accessory dwelling units (ADUs) or ‘casitas’ on any single-family residential lot and severely restricted the regulation of such ADUs. 12 of the 15 cities this legislation would impact already allow for ADUs, and the remaining three are planning to allow for them. The bill would preempt already established ordinances and those that are being developed in collaboration with residents and replace them with a preemptive one-size-fits-all policy that undermines efforts to ensure new ADUs add to the supply of housing and not investor stock of short-term rentals. Status: PASSED Senate Third Read 17-11 Position: OPPOSE HB2721 municipal zoning; middle housing (Carbone) requires cities and towns with a population of 75,000 or more to allow for the construction of middle housing types (i.e. townhomes and multiplex developments) on all lots zoned for single-family residential use within a mile of the city or town’s central business district and in at least 20% of any new development of ten acres or more in size. While there are some additional limitations, the bill strikes a balance allowing for continued collaboration between communities and developers to offer more diverse housing options. Status: PASSED Senate Third 21-7 Position: SUPPORT League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. #Keepup withus on X. Keep up with the issues and events. CLICK HERE 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