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HomeMy WebLinkAbout052819Action Page 1 of 2 POST ACTION AGENDA NOTICE NOTICE OF THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVATION COMMISSION TIME: 5:00 P.M. WHEN: TUESDAY, MAY 28, 2019 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ A majority of the Council members may be in attendance. No official action will be taken. McDowell Mountain Preservation Commissioners will attend either in person or by telephone conference call PROCEDURE FOR ADDRESSING THE COMMISSION Anyone wishing to speak before the Commission must fill out a speaker’s card and submit it to the Executive Assistant prior to Commission discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Executive Assistant’s position near the dais. Speakers will be called in the order in which the speaker cards were received either by the Executive Assistant or the Commission Chairperson. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Commissionmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Community Services Department Director upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting or (iii) the Chair either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. 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. The agenda for the meeting is as follows: 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE at 5:00 p.m. 2. ROLL CALL COMMISSIONERS PRESENT: Chairman Bill Myers, Vice Chairman Tom Barberic, Commissioners Thomas Aiello, Bill Craig, Paul Garvey, and Scott Grzybowski COMMISSIONERS ABSENT: Darrienne Slater Page 2 of 2 3. CALL TO THE PUBLIC – There were no items from citizens present. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission 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 Commissioner may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Commission agenda. 4. CONSIDERATION of Approving the April 29, 2019 meeting minutes Vice Chairman Barberic moved to approve the April 29, 2019 meeting minutes as amended, seconded by Commissioner Grzybowski; passed unanimously by those present (6-0). 5. UPDATE of 2019 MMPC Objectives – No action was taken. 6. UPDATE of 2019 MMPC Workgroups – No action was taken. a. Preserve Marketing and Fairs b. Safety c. Trailheads d. Value of Preserved 7. DISCUSSION AND CONSIDERATION OF RECOMMENDATION to Council of Amending Town Code, Article 9-5, Section 9-5-3 General Preserve Regulations and add 9-5-3(R) Prohibiting Geocaching Chairman Myers moved to approve the recommendation to Council of Amending Town Code, Article 9-5, Section 9-5-3 General Preserve Regulations and add 9-5-3(R) Prohibiting Geocaching, seconded by Vice Chairman Barberic; passed unanimously by those present (6-0). 8. DISCUSSION AND CONSIDERATION OF RECOMMENDATION to Council of Amending Town Code, Article 9-5, Section 9-5-5 Golden Eagle Trailhead Regulations and Redact Prohibiting of Bicycles on the Preserve Chairman Myers moved to approve the recommendation to Council of Amending Town Code, Article 9-5, Section 9-5-5 Golden Eagle Trailhead Regulations and Redact Prohibiting of Bicycles on the Preserve, seconded by Commissioner Craig; passed unanimously by those present (6-0). 9. UPDATE on Joint Meeting with Staff and McDowell Sonoran Conservancy – No action was taken. 10. UPDATE on Eagle Ridge Drive – No action was taken. 11. ADJOURNMENT Vice Chairman Barberic moved to adjourn, seconded by Commissioner Grzybowski; passed unanimously by those present (6-0). The McDowell Mountain Preservation Commission adjourned at 5:43 p.m. The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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 Commission with this agenda are available for review in the Community Services Office. By: _____________________________ Jamie Salentine, Executive Assistant CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted at ______ a.m./p.m. in accordance with the statement filed by the Town Council with the Town Clerk. Dated this 23rd day of May, 2019. Page 1 of 2 NOTICE OF THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVATION COMMISSION TIME: 5:00 P.M. WHEN: TUESDAY, MAY 28, 2019 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ A majority of the Council members may be in attendance. No official action will be taken. McDowell Mountain Preservation Commissioners will attend either in person or by telephone conference call PROCEDURE FOR ADDRESSING THE COMMISSION Anyone wishing to speak before the Commission must fill out a speaker’s card and submit it to the Executive Assistant prior to Commission discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Executive Assistant’s position near the dais. Speakers will be called in the order in which the speaker cards were received either by the Executive Assistant or the Commission Chairperson. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Commissionmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Community Services Department Director upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting or (iii) the Chair either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. 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. The agenda for the meeting is as follows: 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission 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 Commissioner may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Commission agenda. 4.CONSIDERATION of Approving the April 29, 2019 meeting minutes 5.UPDATE of 2019 MMPC Objectives Page 2 of 2 6.UPDATE of 2019 MMPC Workgroups a.Preserve Marketing and Fairs b.Safety c.Trailheads d.Value of Preserved 7.DISCUSSION AND CONSIDERATION OF RECOMMENDATION to Council of Amending Town Code, Article 9-5, Section 9-5-3 General Preserve Regulations and add 9-5-3(R) Prohibiting Geocaching 8.DISCUSSION AND CONSIDERATION OF RECOMMENDATION to Council of Amending Town Code, Article 9-5, Section 9-5-5 Golden Eagle Trailhead Regulations and Redact Prohibiting of Bicycles on the Preserve 9.UPDATE on Joint Meeting with Staff and McDowell Sonoran Conversancy 10.UPDATE on Eagle Ridge Drive 11.ADJOURNMENT The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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 Commission with this agenda are available for review in the Community Services Office. By: _____________________________ Jamie Salentine, Executive Assistant CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted at ______ a.m./p.m. in accordance with the statement filed by the Town Council with the Town Clerk. Dated this 23rd day of May, 2019. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE Chairman Myers called the meeting of Monday, April 29, 2019, to order at 5:00 p.m. in the Council Chambers at Town Hall, located at 16705 East Avenue of the Fountains, Fountain Hills, Arizona. 2.ROLL CALL Chairman Myers welcomed new Commissioners’ Paul Garvey, Scott Grzybowski, Darrienne Slater, and Executive Assistant Jamie Salentine. COMMISSIONERS PRESENT: Chairman Bill Myers, Vice Chairman Tom Barberic, Commissioners Bill Craig, Paul Garvey, Scott Grzybowski, and Darrienne Slater. COMMISSIONERS ABSENT: Thomas Aiello STAFF PRESENT: Community Services Director Rachael Goodwin and Executive Assistant Jamie Salentine. (Items were discussed out of order, but for purposes of clarity will remain as listed on the agenda.) 3.CALL TO THE PUBLIC There was no comments from the citizens present. 4.CONSIDERATION OF APPROVING THE JANUARY 29, 2019, FEBRUARY 26, 2019, AND THE APRIL 1, 2019 MEETING MINUTES Chairman Myers requested a correction on the January 29, 2019 minutes to reflect item #5 on the agenda, objective 1 to state that the 31 signs erected were temporary road signs on the temporary road to the Adero trailhead. Vice Chairman Barberic moved to approve the January 29, 2019, meeting minutes as amended, seconded by Commissioner Craig; passed unanimously by those present (6-0). Vice Chairman Barberic moved to approve the February 26, 2019, meeting minutes, seconded by Commissioner Grzybowski; passed unanimously by those present (6-0). Chairman Myers moved to approve the April 1, 2019, meeting minutes, seconded by Commissioner Garvey; passed unanimously by those present (6-0). TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION APRIL 29, 2019 Item #4 McDowell Mountain Preservation Commission Meeting Minutes April 29, 2018 Page 2 of 5 5.RECOGNITION OF KLAUS SCHADLE FOR HIS WORK ON THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION Chairman Myers presented former Commissioner Klaus Schadle with a Certificate of Appreciation for his work on the McDowell Mountain Preservation Commission. Mr. Schadle stated that the Commission was fun and challenging. He thanked Council for their support of the Commission as well as staff for their work. He recognized Chairman Myers for his commitment to the McDowell Mountain Preservation. 6.UPDATE OF 2019 MMPC OBJECTIVES Chairman Myers commented that the 2019 MMPC Objectives (31) are relevant and that in addition to himself Commissioners Aiello and Craig determined workgroups. He noted that not all objectives will be addressed in 2019 and may change throughout the year. (See Attachment 1) 7.DISCUSSION OF 2019 MMPC WORKGROUP OBJECTIVES Chairman Myers highlighted the top eight objectives where the three Commissioners determined four workgroups. He added that the Commissioners with a star by their name would be the workgroup’s Coordinator. (See Attachment 2) Chairman Myers requested that each workgroup provide a status update at the next meeting. Chairman Myers mentioned objective #2 and asked Community Services Director Rachael Goodwin for an update. (See Agenda Item #11 for discussion) Chairman Myers commented on objective #7 and that McDowell Sonoran Conservancy has a “host” program where volunteers work on Saturday, Sunday, and Monday’s during the hiking the season and assist hikers with pointers such as having correcting hiking shoes and directions to trails. Vice Chairman Barberic suggested that the Town work on the relationship with the McDowell Sonoran Conservancy, where the Conservancy provides suggestions to the Town. Chairman Myers reported that a joint meeting at the Town Hall is occurring tomorrow with some McDowell Sonoran Conservancy members as well Commissioner Craig and Ms. Goodwin to discuss common objectives and determine roles and responsibilities. Ms. Goodwin added that the original intent of the Commission was to acquire the preserve and sunset the Commission, since the Commission did not sunset due to other items, she suggested the possibility of having the Commission oversee the Botanical Gardens, Overlook, etc… Chairman Myers concurred with the suggestion and will include in the joint meeting discussion. In response to a question posed by Commissioner Garvey, Ms. Goodwin replied that for objective #3 to invite Fire Chief Dave Ott to discuss if the emergency fire road has to exist. McDowell Mountain Preservation Commission Meeting Minutes April 29, 2018 Page 3 of 5 Commissioner Garvey commented that he spoke with Chief Ott and that the Fire Department has no plans on taking the fire equipment on the emergency fire road as wildfires go up hill and the area would be sheltering place if a wildfire occurred in Adero Canyon. He added that if the road was open to residents that the road should have asphalt. Discussion ensued relative to alternate fire escape routes, emergency exits from trailheads, access for wheelchairs, and address safety hazards at access points such as the steep surface at the second gate. 8.DISCUSSION AND CONSIDERATION OF RECOMMENDATION TO COUNCIL OF AMENDING TOWN CODE, ARTICLE 9-5, SECTION 9-5-3(P) GENERAL PRESERVE REGULATIONS ON THE USE OF ELECTRIC BICYCLES AND WHEELCHAIRS Chairman Myers reviewed Town Code Section 9-5-3(P) and suggested the use of electric bicycles (E-bikes) and wheelchairs be allowed. (See Attachment 3) Vice Chairman Barberic read into the minutes the three classes of E-bikes. (See Attachment 4) He commented that if the Commission moves forward to limit the use of E-bikes on trails to Class 1 and that Classes 2 and 3 be denied. He suggested that the Commission work with the City of Scottsdale’s Senior Preserve Planner Scott Hamilton on E-bikes, due to the fact the City of Scottsdale is currently working on this issue too. Chairman Myers asked to add the use of E-bikes and wheelchairs to the objectives as #32 and place in the Preserved Marketing and Fairs Workgroup. Vice Chairman Barberic requested to table this item until further notice to notify the public and have the people who use regular and/or E-bikes express their opinions. Commissioner Garvey pointed out that the enforcement of E-bikes classes 1-3 would be difficult. He noted that using the word “wheelchair” would trigger The Americans with Disabilities Act (ADA) and discussion on compliance would need to occur. The Commission concurred to table the item until further notice. Chairman Myers stated that geocaching is illegal on all trails up to three feet and requested to add geocaching to Section 9-5-3 General Preserve Regulations. Chairman Myers requested that Town Code Section 9-5-5 Golden Eagle Trailhead Regulations be placed on the next agenda. 9.UPDATE ON SONORAN CONSERVANCY Commissioner Craig confirmed the joint meeting at the Town Hall occurring April 20, 2019 at 4:00 p.m. with some McDowell Sonoran Conservancy members as well Commissioner Craig and Ms. Goodwin to discuss common objectives and determine roles and responsibilities. Commissioner Craig stated that the 2020 hike schedule is complete and to be published soon. He commented that the trail building is progressing. McDowell Mountain Preservation Commission Meeting Minutes April 29, 2018 Page 4 of 5 10.UPDATE ON RESOLUTION 2019-22 MCDOWELL MOUNTAIN PRESERVATION COMMISSION BYLAWS Chairman Myers asked for the terms of the Commission be amended to two and three year terms. Community Services Director Rachael Goodwin explained that the Commission terms will be staggered and terms will be three years. She pointed out that in order for the staggering to take effect due to the entire Commission appointed at the same time, which one-group terms expires in two years and the other in three, in order to set staggering. Ms. Goodwin confirmed that the Commission will return to seven members and that the Town is in process of standardizing all Board/Commission/Committee terms to expire in three years and be staggered. Chairman Myers requested the year-to-date (YTD) budget amounts prior to next meeting. Ms. Goodwin stated that staff will provide the Commission with the YTD budget and pointed out that not all funds are available because some line items require Council approval prior to disbursement. 11.UPDATE ON EAGLE RIDGE DRIVE In response to a question posed by Chairman Myers, Community Services Director Rachael Goodwin reported that as of today the Adero Canyon Trailhead (ACT) is closed. She stated that no additional trail would lead to the trailhead at this time per the Developers Agreement (DA) unless necessary, due to safety. She noted that the focus is paving the road. Discussion ensued relating to the ACT temporary parking, compensation, and filling of the water tank. Ms. Goodwin explained that during the final closing of paperwork, staff discovered that the Sanitary District had not given final approval on the ACT, due to failure on inspection. She clarified that the inspection costs will be the responsibility of the contractor (Blue Cor), which includes the costs of removing the existing road and replacing, however, sanitary updates will be completed during the current road closure. She added that a press release be sent later this week. She noted that the Public Works Director Justin Weldy is in charge of this project and that she does not have a timeline for completion. In response to a question from Chairman Myers, Ms. Goodwin confirmed that not all funds have been released to Blue Cor. Discussion ensued relative to the emergency fire road, the DA, and enforcement through the Community Development Department. Ms. Goodwin suggested that the Town Planner and Interim Director attend a future meeting to update the Commission on the details of the DA. She pointed out that negotiations on the DA may be a moot point and the update would be for informational purposes. McDowell Mountain Preservation Commission Meeting Minutes April 29, 2018 Page 5 of 5 12.ADJOURNMENT Vice Chairman Barberic moved to adjourn, seconded by Chairman Myers; passed unanimously by those present (6-0). The McDowell Mountain Preservation Commission adjourned at 6:08 p.m. McDowell Mountain Preservation Commission By: Bill Myers, Chairman Reviewed by: Rachael Goodwin, Community Services Director Prepared by: Jamie Salentine, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the McDowell Mountain Preservation Commission Regular Meeting held on April 29, 2019. I further certify that the meeting as duly called and that a quorum was present. By: Jamie Salentine, Executive Assistant Attachments - 4 -\,7 Draft MMPC 2019 objectives Fountain Hills AZ Bill Myers 602-432-9672 Listed are ideas of the 2019 MMPC objectives. No particular order or organization. Please look at the very tentative abbreviated list and contact me with other ideas, e.g. delete this one, add others. We will get a final list with a little more detail for our direction for calendar 2019. Tom Barbaric had the good idea of assigning each objective to a work group. That group was to accomplish the objective or see that it was done. So, we can allocate each of the final objectives to a workgroup. To be in compliance with the Open Meeting Law, please do not discuss, just send me your ideas. By direction from the Town Council, the McDowell Mountain Preserve Commission (MMPC) is responsible for initiating the planning and provide management direction for the operation and protection of the Preserve. The followine2OL9 MMPC objectives are listed to meet that directive. Thanks Sooooo, 1 Deterring if first aid kits shoutd be installed at the two Traitheads. Coordinate with the Conservancy on this issue. 2 Determine if AED kits (defibrillator) should be installed at the two Trailheads. Town may have addressed this item. lf not, look at other valley Preserves to see what their experience is. Help with any final Adero Canyon Trailhead construction or installation of maps etc. Final construction hopefully will be complete by 2018 except for utility hookups. Update Kiosk at both Trailheads New maps and information on the right side of the Kiosks. Provide pictures/videos for town/conservancy/other websites to help get the ACT know. The more the ACT is known, the better for our Town in economics, ambiance etc. Provide public knowledge campaign to let folks know about the Trailhead. E.g. Access, safety, picnic tables. Times, Scottsdale papers, hiking/biking literature. More coordination with Scottsdale and Regional Park folks in connection with the new trailhead. Joint hikes, joint training, joint trail maintenance etc. lnstall sign at Golden Eagle Trailhead the 51,200 sigh has been discussed and we have a rendering. Maybe this is the year to erect that sign. Dograndopeningof ACTif notalreadydone. November L7,2018 fortheopening, butwe may have anotller Grand Opening in mid-2019 if the road is complete. Coordinate two town fairs with emphasis on new Trailhead there is an opportunity go get the word out about the new Trailhead and other Town trails. lnstall Lower Sonoran Trail and Trailhead signs. Hopefully to be complete in 2018. Deterring if fire/conservancy/other can fly drones over Preserve to help find lost hikers etc. Other entities may be flying legal drones to help in safety matters. 4 5 10 11 12 Attachment 1 MMPC April 29, 2019 Page 1 of 2 - .a _ ,7' 13 Add sth trail counter and see that all 5 are working. The information we can give the Council and others the better. The information can help with determining the trail maintenance relative importance. Do L9l2O MMPC budget I think this has to be done in first quarter of 2019. Ileterring if state Good Samaritan law is adequate to protect volunteers. ls some additional coverage necessary? We have been told that Scottsdale volunteers have some kind of additional coverage. Better recognition of the SCFH. The Conservancy does the vast bulk of the trail creating and maintenance and deserves a lot of recognition. With the new trailhead, the Conservancy will be even more involved this coming year. Quarterly updates of the Preserve to the Council with a 10 minute update quarterly, the council may want an update. Two new trails in the Preserve. The two legs in the Preserve appear to still be candidates for two loop trails to increase enjoyment of the Preserve. Updated thunbdrive and information presentation of the Preserve and coordination with others. We have given several presentation to groups in town about the MMPC/Conservancy. We can continue this effort. Put QR codes on some new signs and update codes. QR codes help with safety and general info on the Preserve. Determined if other events should be coordinated at the Trailhead. There are a number of small events that the Town may want to use the Preserve for e.g. Weddings, outings. Update directional signage. There are 6 "Sonoran Trailhead" signs on Shea and Saguaro that need to be replaced with updated directional signs. Determine how best to direct folks to the two Trailheads. New grants for the Preserve. Determine if there are grants that the Preserve can take advantage of. Signage, monuments, Trail equipment, tools, trail building equipment, other. Doggie bags at several locations Value ( in dollars and other) of the Preserve Criteria for Benches in Preserve Roy Kinsey recognition lots of ideas. Make Promenade private vehicle accessible see development agreement Toll/Town Finnish road and utilities to ACT see development agreement See if first responders will have rescue training. E.g. Helicopters landing etc. Presentation from first responders to MMPC/SCFH 1A1+ 15 16 17 18 19 20 27 22 23 24 25 26 27 28 29 30 31 Attachment 1 MMPC April 29, 2019 Page 2 of 2 a M M PC Current Objectives.March 2019 We have identified about 31 preliminary objectives for MMPC for 20\9. Many other objectives over the last decade have been completed. Of the 31, the following 8 seem to be the most pressing and ones we can assign to a workgroup currently. Per the last MMPC meeting, it was suggested that 3 of the Commission members get together to list the current objectives and assign to a workgroup. The following list is that list. The coordination with SCFH is more important this year as that great group is now more involved ln the 2 Trailheads. More recognition of SCFH is still needed. Obiective Worksrouo 1) First aid kits and defibulators in the 2 trailheads 2l Assist with completion of the ACT 3) Assist with completion of the Emergency fire road 4l New Trail in the Preserve 5) Coordination with Sherriff and Marksman 6) What MMPC info gets to Council 7l Trail counters and "host''summary 8) Review workgroup Assignments Four Workgroup names who Value of Preserve Safety Trailheads Trailheads Value of Preserve Safety Safety Trailheads All of MMPC Safety Preserve Marketing and Fairs Trailheads Tommie Aiello Bill Craig Paul Garvey Scott Grzybowski Tommie Aiello Paul Garvey tom Barbaric Scott Grzyborvs<i 3ili ivlye:s I L== A good start. * * * * Attachment 2 MMPC April 29, 2019 Page 1 of 1 Section 9-5-3 General Preserve Regulations The following are prohibited within the Preserve: A. Accessing the Preserve by leaving a trail or trailhead. All Preserve visitors shall stay on authorized trails and within trailheads, unless approved by the Director of Community Development. B. Accessing the Preserve outside of the posted hours of operation, unless approved by the Director of Community Development. C. Alcoholic beverages. D. Camping. E. Carrying or using any type of glass or ceramic container. F. Creating, developing or using any type of spider trail. G. Destroying any barriers, signs, or other Town property. H. Destroying, damaging or removing any vegetative or mineral resource, including but not limited to any tree, shrub, wildflower, cactus or rock outcropping. I. Dogs are prohibited unless on a 6-foot maximum leash at all times, and must remain on trails. J. Horses. K. Hunting, trapping or otherwise harming or harassing any wildlife. L. Littering or depositing garbage, trash, refuse or other obnoxious material anywhere other than in specific Town-provided containers provided for that purpose. M. Setting or igniting any type of fire. N. Smoking. O. Throwing rocks or other objects into washes, including but not limited to up or down hillsides and on or off trails. P. Using any vehicle, including motorized vehicles and bicycles, except authorized maintenance vehicles and during emergency evacuations along the Emergency Access Route as directed by emergency personnel. Q. Using or discharging any firearm, bow and arrow, slingshot or other weapon. (Ordinance 2002-01, Added, 01/17/2002) Attachment 3 MMPC April 29, 2019 Page 1 of 1 Class 1: Pedal Assist The electric drive system on the ebike can only be activated through a pedaling action and is limited to relatively low speeds. The sensor usually measures pedal movement, pedal torque or bicycle speed (sometimes all three) and sensors are located in the bottom bracket, rear hub or rear wheel. In parts of Europe this class is limited to 15 mph (25 kph) with motor wattage <= 250 watts. In America, because of our more liberal vehicle definition, this class is limited to a motor powered speed of 20 mph (32 kph) with motor wattage of <= 750 watts. Due to the low speed of operation and required pedaling action this class should benefit from the same rights and access privileges as non-assist bicycles and should be able to be used on streets, bike lanes, multi-use bike paths and off-road trails. Class 2: Throttle On Demand The electric drive system on the ebike can be activated through a throttle element such as a grip-twist, trigger or button and is limited to low speeds. The motor system may also be activated through a pedaling action as with Class 1. In parts of Europe this class would be considered a motor vehicle and is prohibited from use on trails and other bicycle-specific infrastructure and is therefore less common. For those locations where it is allowed in Europe, the top speed is limited to 15 mph (25 kph) with motor wattage <= 250 watts as with Class 1. In America this class is currently less restricted and therefore more common. The top speed is limited to 20 mph (32 kph) with motor wattage of <= 750 watts as with Class 1. Due to the low speed of operation without the required pedaling action, this class may be a bit more restricted but still benefit from the same rights and access privileges on paved surfaces as non-assist bicycles and should be able to be used on streets, bike lanes and multi-use bike paths. Class 3: Speed Pedelec The electric drive system on the ebike can be activated through a pedaling action to reach higher top speeds. In parts of Europe this class is also considered a motor vehicle and requires special licensing, the use of an identification plate at the rear of the bike may be required and use is limited to roads or private property only with a maximum speed ~28 mph (~45 kph). In America this class could still be considered a “low-speed electric bicycle” if human power propels the bike above 20 mph and as such, does not require special licensing but may be even more restricted to roads, adjacent bike lanes or on private property with a maximum speed ~28 mph (~45 kph) and motor wattage of <= 750 watts. In America this class is often combined with Class 2 which produces bikes that have a throttle element capable of powering the rider up to 20 mph (32 kph) on motor power only, as well as a pedal assist mechanism capable of powering the rider up to 28 mph (45 kph). In parts of Europe, where throttles are less common, most Class 3 electric bikes only offer pedal assist. Class 4: Moped or Motorcycle Attachment 4 MMPC April 29, 2019 Page 1 of 2 The electric drive system can be activated through a pedaling action or throttle. The top speed is above 28 mph (45 kph) and/or the motor wattage may be greater than 750 watts. In all major geographies this class would be considered a motor vehicle which requires licensing and registration and is limited to certain motorized off road trails or traditional roads. There has been some confusion in America where machines that resemble bicycles (having pedals) that are capable of high speed and power are used inappropriately without licensing or insurance and on infrastructure reserved for bicycles such as paths and mountain bike trails. This behavior is subject to the same legal action as driving a gas powered motorcycle or car and may result in severe legal ramifications. The value of these classes and a key takeaway for the U.S. market is that the PL 107-319 law categorizes ebikes with <= 750 watts of power and top speeds of <= 20mph as bicycles. It does not determine where this class can be used however. In the U.S., use is determined at the State or Local level, sometimes in the vehicle code section of law. By introducing classes, specifically the first three classes above, cities and states can help guide use for ebikes. These classes are being established in the U.S. by the BPSA (Bicycle Products Suppliers Association) using a special Electric Bike Committee and are being modeled on what has worked in Europe. The BPSA committee is working directly with ebike manufacturers and suppliers for buy-in and is creating model legislation to guide States. This is why these classes are also being listed here at ElectricBikeReview.com to help consumers understand what they mean and how they apply to bikes for sale. The goal is to create some consistency in the ebike space so that one type of low speed electric bike could be used on paths or trails in multiple geographies across America. The BPSA has an awesome map that shows where the laws are in place in the USA that I recommend checking out here. Attachment 4 MMPC April 29, 2019 Page 2 of 2 -\,7 Draft MMPC 2019 objectives Fountain Hills AZ Bill Myers 602-432-9672 Listed are ideas of the 2019 MMPC objectives. No particular order or organization. Please look at the very tentative abbreviated list and contact me with other ideas, e.g. delete this one, add others. We will get a final list with a little more detail for our direction for calendar 2019. Tom Barbaric had the good idea of assigning each objective to a work group. That group was to accomplish the objective or see that it was done. So, we can allocate each of the final objectives to a workgroup. To be in compliance with the Open Meeting Law, please do not discuss, just send me your ideas. By direction from the Town Council, the McDowell Mountain Preserve Commission (MMPC) is responsible for initiating the planning and provide management direction for the operation and protection of the Preserve. The followine2OL9 MMPC objectives are listed to meet that directive. Thanks Sooooo, 1 Deterring if first aid kits shoutd be installed at the two Traitheads. Coordinate with the Conservancy on this issue. 2 Determine if AED kits (defibrillator) should be installed at the two Trailheads. Town may have addressed this item. lf not, look at other valley Preserves to see what their experience is. Help with any final Adero Canyon Trailhead construction or installation of maps etc. Final construction hopefully will be complete by 2018 except for utility hookups. Update Kiosk at both Trailheads New maps and information on the right side of the Kiosks. Provide pictures/videos for town/conservancy/other websites to help get the ACT know. The more the ACT is known, the better for our Town in economics, ambiance etc. Provide public knowledge campaign to let folks know about the Trailhead. E.g. Access, safety, picnic tables. Times, Scottsdale papers, hiking/biking literature. More coordination with Scottsdale and Regional Park folks in connection with the new trailhead. Joint hikes, joint training, joint trail maintenance etc. lnstall sign at Golden Eagle Trailhead the 51,200 sigh has been discussed and we have a rendering. Maybe this is the year to erect that sign. Dograndopeningof ACTif notalreadydone. November L7,2018 fortheopening, butwe may have anotller Grand Opening in mid-2019 if the road is complete. Coordinate two town fairs with emphasis on new Trailhead there is an opportunity go get the word out about the new Trailhead and other Town trails. lnstall Lower Sonoran Trail and Trailhead signs. Hopefully to be complete in 2018. Deterring if fire/conservancy/other can fly drones over Preserve to help find lost hikers etc. Other entities may be flying legal drones to help in safety matters. 4 5 10 11 12 Item #5 - .a _ ,7' 13 Add sth trail counter and see that all 5 are working. The information we can give the Council and others the better. The information can help with determining the trail maintenance relative importance. Do L9l2O MMPC budget I think this has to be done in first quarter of 2019. Ileterring if state Good Samaritan law is adequate to protect volunteers. ls some additional coverage necessary? We have been told that Scottsdale volunteers have some kind of additional coverage. Better recognition of the SCFH. The Conservancy does the vast bulk of the trail creating and maintenance and deserves a lot of recognition. With the new trailhead, the Conservancy will be even more involved this coming year. Quarterly updates of the Preserve to the Council with a 10 minute update quarterly, the council may want an update. Two new trails in the Preserve. The two legs in the Preserve appear to still be candidates for two loop trails to increase enjoyment of the Preserve. Updated thunbdrive and information presentation of the Preserve and coordination with others. We have given several presentation to groups in town about the MMPC/Conservancy. We can continue this effort. Put QR codes on some new signs and update codes. QR codes help with safety and general info on the Preserve. Determined if other events should be coordinated at the Trailhead. There are a number of small events that the Town may want to use the Preserve for e.g. Weddings, outings. Update directional signage. There are 6 "Sonoran Trailhead" signs on Shea and Saguaro that need to be replaced with updated directional signs. Determine how best to direct folks to the two Trailheads. New grants for the Preserve. Determine if there are grants that the Preserve can take advantage of. Signage, monuments, Trail equipment, tools, trail building equipment, other. Doggie bags at several locations Value ( in dollars and other) of the Preserve Criteria for Benches in Preserve Roy Kinsey recognition lots of ideas. Make Promenade private vehicle accessible see development agreement Toll/Town Finnish road and utilities to ACT see development agreement See if first responders will have rescue training. E.g. Helicopters landing etc. Presentation from first responders to MMPC/SCFH 1A1+ 15 16 17 18 19 20 27 22 23 24 25 26 27 28 29 30 31 a M M PC Current Objectives.March 2019 We have identified about 31 preliminary objectives for MMPC for 20\9. Many other objectives over the last decade have been completed. Of the 31, the following 8 seem to be the most pressing and ones we can assign to a workgroup currently. Per the last MMPC meeting, it was suggested that 3 of the Commission members get together to list the current objectives and assign to a workgroup. The following list is that list. The coordination with SCFH is more important this year as that great group is now more involved ln the 2 Trailheads. More recognition of SCFH is still needed. Obiective Worksrouo 1) First aid kits and defibulators in the 2 trailheads 2l Assist with completion of the ACT 3) Assist with completion of the Emergency fire road 4l New Trail in the Preserve 5) Coordination with Sherriff and Marksman 6) What MMPC info gets to Council 7l Trail counters and "host''summary 8) Review workgroup Assignments Four Workgroup names who Value of Preserve Safety Trailheads Trailheads Value of Preserve Safety Safety Trailheads All of MMPC Safety Preserve Marketing and Fairs Trailheads Tommie Aiello Bill Craig Paul Garvey Scott Grzybowski Tommie Aiello Paul Garvey tom Barbaric Scott Grzyborvs<i 3ili ivlye:s I L== A good start. * * * * Item #6 Fountain Hills Town Code Page 11 of 15 D.“Golden Eagle Trailhead” means the developed portions of that trailhead located at the public terminus of Golden Eagle Drive. E.The “Preserve” shall mean those lands identified by Resolution 2002-01 as the Fountain Hills McDowell Mountain Preserve F.“Special Preserve Permit” means a noncommercial permit issued by the Parks and Recreation Department required for group functions in and around the Central Trailhead. G.“Spider Trail” means an unauthorized trail or pathway within the Preserve. H.“Trail” means an authorized pathway within the Preserve. I.“Violation” means any act that violates any of the rules or regulations contained within this Article, punishable as specified in Section 9-5-7 herein. (Ordinance 2002-01, Added, 01/17/2002) Section 9-5-3 General Preserve Regulations The following are prohibited within the Preserve: A.Accessing the Preserve by leaving a trail or trailhead. All Preserve visitors shall stay on authorized trails and within trailheads, unless approved by the Director of Community Development. B.Accessing the Preserve outside of the posted hours of operation, unless approved by the Director of Community Development. C.Alcoholic beverages. D.Camping. E.Carrying or using any type of glass or ceramic container. F.Creating, developing or using any type of spider trail. G.Destroying any barriers, signs, or other Town property. H.Destroying, damaging or removing any vegetative or mineral resource, including but not limited to any tree, shrub, wildflower, cactus or rock outcropping. I.Dogs are prohibited unless on a 6-foot maximum leash at all times, and must remain on trails. J.Horses. K.Hunting, trapping or otherwise harming or harassing any wildlife. L.Littering or depositing garbage, trash, refuse or other obnoxious material anywhere other than in specific Town-provided containers provided for that purpose. Item #7 Fountain Hills Town Code Page 12 of 15 M.Setting or igniting any type of fire. N.Smoking. O.Throwing rocks or other objects into washes, including but not limited to up or down hillsides and on or off trails. P.Using any vehicle, including motorized vehicles and bicycles, except authorized maintenance vehicles and during emergency evacuations along the Emergency Access Route as directed by emergency personnel. Q. Using or discharging any firearm, bow and arrow, slingshot or other weapon. (Ordinance 2002-01, Added, 01/17/2002) Section 9-5-4 Central Trailhead Regulations In addition to the prohibitions in Section 9-5-3, the following are prohibited within the Central Trailhead: A.Accessing or utilizing the Central Trailhead outside of the posted hours of operation. B.Alcoholic beverages, unless as approved by Special Preserve Permit. C.Groups of 20 or more people without a Special Preserve Permit, to ensure adequate available parking. D.Horses or horse trailers. E.Parking vehicles outside of designated parking spaces. F.Parking vehicles in the school bus parking spaces, except on weekends. School buses may utilize these parking spaces with prior Town approval. G.Use of a covered ramada that has been reserved by others, through a Special Preserve Permit. H.Vehicles longer than 19 feet. (Ordinance 2002-01, Added, 01/17/2002) Section 9-5-5 Golden Eagle Trailhead Regulations The Golden Eagle Trailhead is a public parking area to provide a primary point for access into the southwestern portion of McDowell Mountain Park from the Town of Fountain Hills. It may also be possible to access the Preserve, through McDowell Mountain Park, from the Golden Eagle Trailhead. All users of the Golden Eagle Trailhead will be directed along public access easements through a private subdivision to gain access to McDowell Mountain Park. All users of McDowell Mountain Park shall abide by those rules and regulations established by Maricopa County for McDowell Mountain Park. In addition to the prohibitions in Section 9-5-3, the following are prohibited within the Golden Eagle Trailhead: R. Geocaching, except within three (3) feet of an established Town Trail. Fountain Hills Town Code Page 12 of 15 M.Setting or igniting any type of fire. N.Smoking. O.Throwing rocks or other objects into washes, including but not limited to up or down hillsides and on or off trails. P.Using any vehicle, including motorized vehicles and bicycles, except authorized maintenance vehicles and during emergency evacuations along the Emergency Access Route as directed by emergency personnel. Q. Using or discharging any firearm, bow and arrow, slingshot or other weapon. (Ordinance 2002-01, Added, 01/17/2002) Section 9-5-4 Central Trailhead Regulations In addition to the prohibitions in Section 9-5-3, the following are prohibited within the Central Trailhead: A.Accessing or utilizing the Central Trailhead outside of the posted hours of operation. B.Alcoholic beverages, unless as approved by Special Preserve Permit. C.Groups of 20 or more people without a Special Preserve Permit, to ensure adequate available parking. D.Horses or horse trailers. E.Parking vehicles outside of designated parking spaces. F.Parking vehicles in the school bus parking spaces, except on weekends. School buses may utilize these parking spaces with prior Town approval. G.Use of a covered ramada that has been reserved by others, through a Special Preserve Permit. H.Vehicles longer than 19 feet. (Ordinance 2002-01, Added, 01/17/2002) Section 9-5-5 Golden Eagle Trailhead Regulations The Golden Eagle Trailhead is a public parking area to provide a primary point for access into the southwestern portion of McDowell Mountain Park from the Town of Fountain Hills. It may also be possible to access the Preserve, through McDowell Mountain Park, from the Golden Eagle Trailhead. All users of the Golden Eagle Trailhead will be directed along public access easements through a private subdivision to gain access to McDowell Mountain Park. All users of McDowell Mountain Park shall abide by those rules and regulations established by Maricopa County for McDowell Mountain Park. In addition to the prohibitions in Section 9-5-3, the following are prohibited within the Golden Eagle Trailhead: Item #8 Fountain Hills Town Code Page 13 of 15 A.Accessing or utilizing the Golden Eagle Trailhead outside of the posted hours of operation. B.Although bicycles may be permitted within McDowell Mountain Park, bicycles are not permitted in the Preserve, even if accessed from the north through McDowell Mountain Park. Bicycles are permitted within the trailhead and the public access easement(s) and into McDowell Mountain Park, if permitted by McDowell Mountain Park rules. C.Horses or horse trailers. D.Vehicles longer than 19 feet. (Ordinance 01-23, Added, 01/17/2002) Section 9-5-6 Trailhead and Trail Development The McDowell Mountain Preserve Commission will be responsible for the design of any trailhead and the development of any trails within the Preserve. (Ordinance 2002-01, Added, 01/17/2002) Section 9-5-7 Penalties The Rules and Regulations contained in Article 9-5 will be considered petty offenses and/or Class 1 Misdemeanors as specified under subsections A through C below: A.Violations of the rules and regulations contained in subsections 9-5-3 (A, B, C, E, F, I, J, L, N and O) and Sections 9-5-4 and 9-5-5 shall be considered a petty offense if the offender has not been convicted of the same infraction within the last twenty-four (24) months. Petty offenses shall be punishable by a fine of up to one hundred dollars ($100.00). B.Subsequent conviction(s) of the same subsections 9-5-3 (A, B, C, E, F, I, J, L, N and O) and Sections 9-5-4 and 9-5-5 within a twenty-four (24) month period shall be considered a Class 3 Misdemeanor, and will be punishable as such under State Law. C.Violations of the rules and regulations contained in subsections 9-5-3 (D, G, H, K, M, P and Q) of this section shall be considered a Class 1 Misdemeanor and will be punishable as such under State Law. (Ordinance 2002-01, Added, 01/17/2002) Section 9-5-8 Severability Should any section of this Article be determined to be void, unlawful or of no effect, the remaining sections shall continue to be fully applicable and shall be deemed to be in full force and effect. (Ordinance 2002-01, Added, 01/17/2002) B. C.