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Home My WebLink AboutAGENDApacket__01-21-25_1259_675 NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Gerry M. Friedel Vice Mayor Hannah Toth Councilmember Gayle Earle Councilmember Brenda Kalivianakis Councilmember Rick Watts Councilmember Peggy McMahon Councilmember Allen Skillicorn TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, JANUARY 21, 2025 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 a 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 Instructions The public is welcome to participate in Council meetings. TO SPEAK TO A CONSENT OR REGULAR AGENDA ITEM, complete a Request to Comment card and hand it to the Town Clerk prior to discussion of that item. Include the agenda item NUMBER on which you wish to comment. A separate submission is required for each agenda item. Request to Comment cards will not be accepted once the Council deliberations begin. Submit a Request to Comment card prior to a public hearing agenda item. TO COMMENT ON A CONSENT OR REGULAR AGENDA ITEM IN WRITING ONLY, complete a Request to Comment card, indicating that it is a written comment, check the box on whether you are FOR or AGAINST a consent or regular agenda item, and hand it to the Town Clerk prior to discussion on that item. A separate submission is required for each agenda item. TO SPEAK TO CALL TO THE PUBLIC, complete a Request to Comment card and hand it to the Town Clerk. 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 IN WRITING ONLINE: Visit https://www.fountainhillsaz.gov/publiccomment and submit a Request to Comment card by 3:00 PM on the day of the meeting. These comments are shared with the Town Council. This Request to Comment card, and any information you write on it, is a public record subject to public disclosure. 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 Friedel 2.INVOCATION - Carri Schneider, Director of Promiseland Christian Preschool 3.ROLL CALL – Mayor Friedel 4.STATEMENT OF PARTICIPATION 5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A.MAYOR'S BUSINESS SPOTLIGHT B.MAYOR'S SERVICE AWARD C.APPOINTMENT OF COUNCIL TO SUBCOMMITTEES D.PROCLAMATION: Designation of the Week of January 19, 2025, as, Martin Luther King, Jr. Week. E.RECOGNITION: Martin Luther King, Jr. Day - Youth Poetry Contest Winners. 6.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. 7.CONSENT AGENDA ITEMS Town Council Regular Meeting of January 21, 2025 2 7.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: Approving the Minutes for the Town Council Regular Meeting of December 3, 2024, Town Council Work Session of December 5, 2024, and for the Town Council Special Session of December 10, 2024. 8.REGULAR AGENDA A.PUBLIC HEARING and PRESENTATION on FY23 and FY24 Development Impact Fee Audit Report. B.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Amending Chapter 12 (Commercial Zoning Districts) of the Zoning Ordinance by adding provisions to allow outdoor display of vehicles of no more than one ton in the C-1 (Neighborhood Commercial and Professional) zoning district with an approved special use permit. C.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow T-Mobile to replace an existing flagpole wireless communication facility with a monopalm at 16239 E. Ironwood Drive (Generation Church; formerly First Assembly of God Church). D.CONSIDERATION AND POSSIBLE ACTION: Review of existing ordinances, resolutions, and documents associated with the provision of wireless communication services and possible direction to staff regarding an approach to revising these regulations. E.CONSIDERATION, AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. F.CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit to allow residential use (up to twelve dwelling units) on property located at 16740 E. Avenue of the Fountains. WITHDRAWN Town Council Regular Meeting of January 21, 2025 3 G.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2025-01, Approving a Grant Agreement with the United States Department of Transportation Federal Highway Administration to Receive a Safe Streets and Roads for All Grant for the Town of Fountain Hills Comprehensive Street Safety Action Plan H.CONSIDERATION OF AND POSSIBLE ACTION: Approving Amendment #2 to Professional Services Agreement 2020-063 with Kimley-Horn and Associates, Inc. for final plans related to phase one of the Shea Blvd. capital improvement project. I.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment # 1 to Professional Services Agreement 2025-030 with Top Leaf Tree Services, LLC for wash maintenance. 9.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. 10.FUTURE AGENDA ITEMS 11.ADJOURNMENT Dated this 16th day of January, 2025. 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 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 January 21, 2025 4 Town Council Regular Meeting of January 21, 2025 5 ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): APPOINTMENT OF COUNCIL TO SUBCOMMITTEES Staff Summary (Background) The Mayor may annually appoint Council Subcommittees for board, commission and committee appointments. Each subcommittee shall be made up of three councilmembers. Attachments 2025-2026 Subcommittees A&B Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/14/2025 10:38 AM Final Approval Date: 01/14/2025 BOARD/COMMISSION SUBCOMMITTEE APPOINTMENTS Presented to Town Council 2025 SUBCOMMITTEE B Councilmember Earle Council Member McMahon, Council Member Kalivianakis, Term 01/01/2025 thru 12/31/2025 Term 01/01/2026 thru 12/31/2026 Municipal Property Corporation** Community Services Advisory Commission* Strategic Planning Advisory Commission* Board of Adjustment** History and Culture Advisory Commission** Planning and Zoning Commission* SUBCOMMITTEE A Vice Mayor Toth, Council Member Skillicorn, Councilmember Watts Term 01/01/2025 thru 12/31/2025 Term 01/01/2026 thru 12/31/2026 History and Culture Advisory Commission** Municipal Property Corporation** Board of Adjustment** Planning and Zoning Commission* Community Services Advisory Commission* Strategic Planning Advisory Commission* Board Members/Commissioners Terms Expire: *April **October G:\TOWN CLERK\BOARDS.COMMISSIONS\Subcommittees-A-B Appointments\2025-2026 A-B Subcommittees Finalv2.docx ITEM 5. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of the Week of January 19, 2025, as, Martin Luther King, Jr. Week. Staff Summary (Background) Mayor Friedel will proclaim the week of January 19, 2025, as, Martin Luther King, Jr. Week. Attachments Proclamation - Week of January 19, 2025, as Martin Luther King, Jr. Week Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/14/2025 08:44 AM Final Approval Date: 01/14/2025 ITEM 5. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language): RECOGNITION: Martin Luther King, Jr. Day - Youth Poetry Contest Winners. Staff Summary (Background) The Mayor and Town Council will recognize the winners of the Martin Luther King Jr. Youth Poetry Contest. Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/14/2025 10:08 AM Final Approval Date: 01/14/2025 ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Kandace French Contreras, Town Clerk Staff Contact Information: Kandace French Contreras, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Regular Meeting of December 3, 2024, Town Council Work Session of December 5, 2024, and for the Town Council Special Session of December 10, 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 A.R.S. Section 38-431.01 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommend approving the Minutes for the Town Council Regular Meeting of December 3, 2024, Town Council Work Session of December 5, 2024, and for Town Council Special Session of December 10, 2024. SUGGESTED MOTION MOVE to approve the minutes for the Town Council Regular Meeting of December 3, 2024, Town Council Work Session of December 5, 2024, and for Town Council Special Session of December 10, 2024, as presented. Attachments Minutes of the 12-3-24 Regular TC Meeting Town Council Work Session Minutes 12-5-24 Town Council Special Session Minutes 12-10-2024 Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/10/2025 08:26 AM Interim Town Manager Angela Padgett-Espiritu 01/14/2025 02:21 PM Form Started By: Kandace French Contreras Started On: 01/09/2025 06:00 PM Final Approval Date: 01/14/2025 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL December 3, 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 Gerry M. Friedel: Vice Mayor Hannah Toth Council Member Gayle Earle; Councilmember Brenda Kalivianakis; Councilmember Peggy McMahon; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Clerk Kandace French Contreras. TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES Post-Production File Town of Fountain Hills Town Council Regular Meeting Minutes December 3, 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. * * * * * Page 1 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: Good evening, everyone. Welcome. Please stand for the pledge and remain standing if you choose for the invocation. [PLEDGE) MAYOR DICKEY: Thank you so much. We have Dee Pavia from Christ's Church. Hi. PAVIA: Hello. MAYOR DICKEY: Hello. PAVIA: Can you hear me? All right. Thank you so much, Mayor Dickey. I appreciate that. And just a special thank you as well to the Town council members and the Town staff. We just want to let you know, on behalf of Christ's Church of Fountain Hills, we absolutely love our town, and we appreciate every one of your service here for our town. We really love and appreciate that. So I wanted to share a special prayer with you and I thank you for having me. Dear Lord, we thank you for this opportunity. We ask your blessings over today's meeting and council members, and I pray your blessings over Mayor Dickey and other members as they pass along the important duties of serving your people. Again, we thank them for their time and service. Be with them as they embark on the next chapters of their lives. Bless them, Lord. And as we welcome our new mayor, Jerry Friedel, and new council members to their positions, we humbly ask that you guide them in these new critical roles. Just as with existing members, we ask that you grant them wisdom, discernment, and a deep commitment to serving the needs of our community with fairness and compassion, or as the scriptures say, in truth and in love. May their decisions be guided by justice, their words be thoughtful, mindful of others, and their actions always reflect the highest levels of integrity and ideals of public service. Bless them, Lord, with the strength to face challenges, the courage to stand for what is right, and the humility to truly listen to the concerns of your people and make the best decisions for all. Thank you, Lord, for this time together. May it be productive. May it be peaceful, and as we enter into this Christmas season, a spirit of unity and a little joy today wouldn't hurt either. Go before us, Lord. It's in Jesus' name we pray. Page 2 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES Amen. ALL: Amen. MAYOR DICKEY: Thank you. Rachael, would you like to introduce our new clerk, who will do our roll call? GOODWIN: Yes, briefly. I would like to welcome Kandace French Contreras. She is our new Town clerk. I think she's on day number five officially with us. She started last week. FRENCH CONTRERAS: Five. Yep. GOODWIN: Yep. Just before the holiday. So we are excited. This is her first council meeting with us. Not her first council meeting in general, but here with us in Fountain Hills. We're excited to have her. So welcome, Kandace. FRENCH CONTRERAS: Thank you very much. Thank you. [APPLAUSE). SKILLICORN: Welcome. FRENCH CONTRERAS: Thank you. For our first roll call, Mayor Dickey? MAYOR DICKEY: Here. FRENCH CONTRERAS: Vice Mayor Toth? TOTH: Here. FRENCH CONTRERAS: Council Member Fidel? FRIEDEL: Present. FRENCH CONTRERAS: Council Member McMahon? MCMAHON: Here. FRENCH CONTRERAS: Council Member Kalivianakis? KALIVIANAKIS: Here. FRENCH CONTRERAS: And Council Member Skillicorn? SKILLICORN: Here. Thank you, sir. All are present. MAYOR DICKEY: Thank you. Okay. So we're going to do the other thing later. Okay. We are going to start with comments. I have some brief comments to say, and then we'll see if the council would Page 3 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES like to speak and if anybody from the public would like to speak before we go for the oath of office. So I was telling some friends that wrapping up my time here feels a little bit like being in a theater production. Not that public service is like a show, which it can seem that way at times, but that it's special, and it's finite, and it's like catching lightning in a bottle. Elections can be similar to auditions. I hope my sister Val (ph.) is here. I hope she appreciates some of this. It can be kind of random who will be thrown together in order to create something good. Both efforts take away from family and from travel and from jobs and other pursuits. Both are subject to critics, reviews from critics. But no matter what the circumstances are and what you hear, you owe your best. You owe it every day. There will always be peaks and valleys during the run, as it were, but through many conversations and meetings, shared meals, maybe a happy hour or two, the magic happens. I've had the privilege of experiencing those collaborative successes with casts and crews, also with superintendents and with managers, with principals and mayors, even governors and some Congress people, leaders of all stripes. So comes the final show. You strike the set. You have the cast party. But abruptly, people who have been in your life, and in this case for many years, will never be all together again in this same way. I was feeling that in lot of meetings in the last couple of weeks, with several regional meetings with other mayors and council and staff, people that are moving on to other adventures, as we will. But like a play that tells an important story, I and many before me, some in this room, hope to have left a meaningful and positive impression marked by progress, by accomplishments that support the entire community. We take note of lessons learned along the way, but ultimately we provided experiences and memories that will last long after the curtain falls. I can't begin to thank everyone who has helped so much in countless ways: my whole big family, my wonderful family --some are here tonight --friends, staff, and those colleagues who served in good faith. Many are gone, but their visionary presence lives Page 4 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES on. It's been an honor, and I thank you very much. [APPLAUSE] MAYOR DICKEY: Thank you. Thank you. We will hear, if anybody would like, from current council members, and then we'll take comments from the public. Do we have any comments? Councilwoman? I'm looking at my light here. Brenda. MCMAHON: Oh, sorry. KALIVIANAKIS: Okay. Um-hum. Thank you, Ms. Mayor. I have a prepared statement I'd like to read. As the year is about to come to an end, so does the role of an amazing individual who has served our town with distinction and honor. I want to express my sincerest thank you to Mayor Dickey for so many memorable years of service to our entire community. What has become clear to me is that you love this town. You take your role seriously. You have sacrificed a lot in the service of this community. You do what you believe is right. And individually, you have protected this town and made it the best it can be. We each only get so many heartbeats in this life, and you have given so many of yours in service to this town. It is remarkable and inspiring. At any given council agenda, you have made decisions that will impact several generations on topics ranging from police and fire protection, budget, taxes, Fountain Park, the arts, transportation, parking, road maintenance, housing, parks, land use, diversity, business health, just to name a few. To do this, you have attended many council meetings, committee meetings, hearings, public meetings, liaison meetings, and public events, and you needed to prepare for each. That takes a lot of time and you sure don't do it for the money or the recognition. Mrs. Mayor, you have more than earned a break, but we still need you. Please continue to give us the benefit of your wisdom and experience as you pass by. You will be sorely missed for many reasons. I end with the two words I started with, and they do not begin to express how grateful I am for your tireless service to Fountain Hills. Thank you. MAYOR DICKEY: Thank you. I appreciate that. Page 5 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES [APPLAUSE] MAYOR DICKEY: Thank you, Brenda. Okay. MCMAHON: I'll do my best to get through this. I do have some comments, so please be patient. You know, Ginny, you and I have talked privately. You know my feelings. However, I do want to take a moment to publicly express my deep gratitude for your exceptional leadership and service to our town over the past six years as our mayor. You have been a steady, unwavering force guiding Town Council, staff, and our community through both challenges and triumphs as always putting the best interests of Fountain Hills first. Our town today is a direct reflection of your positive, strong leadership. Under your guidance, Fountain Hills has experienced significant growth and progress. We've seen economic development that aligns with our community values and hometown feel, an award-winning balanced budget that's in far better shape than what you inherited six years ago. The creation of our own fire department and the establishment of our MCSO safety contract. This contract not only supports and respects our officers providing more cost effective service, but has also helped make our town one of the safest places to live in the nation. Not many mayors can leave behind such a lasting legacy of safety and security. Thank you. There are so many --I know you want it to be over, but it isn't. There are so many significant contributions you've made to our town, too many to cover in detail this evening. I've had the privilege of watching you tirelessly collaborate with residents, staff, business owners, and Town stakeholders to address complex issues, overcome significant obstacles, and keep moving our town forward. Thanks to your leadership, we now live in one of the safest, most desirable towns in Arizona, all while maintaining our local hometown feel. Fountain Hills is thriving because of your leadership. And further, you have spent countless hours representing Fountain Hills regionally. From your service on MAG to your participation in the Mayors Roundtable and other significant forums, your voice and perspective has been invaluable. In fact, in 2022, you were rightfully recognized as one of the Arizona's most 48 intriguing women of the Page 6 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES decade, a well-deserved honor that speaks to the tremendous respect you command across the Valley, and statewide, and locally. And on a more personal note, I've had the honor of working alongside you for the past four years. I've greatly appreciated our many conversations. Some are filled with laughter and some not so much. And your wise council and guidance and respect and friendship has guided me all these four years. Thank you. And while we haven't always agreed on every issue, your willingness to listen, engage, and find common ground has made me a better council member. Thank you. And it has also made our town government stronger, more transparent, and more responsive to the needs of our residents. And as you transition out of this office, I want to thank you for your tireless service and the lasting legacy that you leave behind. I will miss your guidance, your reliability, your honesty, your laugh, and yes, even all the ribbon cuttings, the strolls and the glows, the Oktoberfests, and all the other community gatherings we've shared together. I wish you nothing but the best in whatever comes next for you, and I look forward to hearing about the wonderful international destinations you and Jim will finally get to enjoy. Fountain Hills will always be grateful for your service. All the best, and I can't say thank you enough. MAYOR DICKEY: Thank you. [APPLAUSE] SKILLICORN: Madam Mayor, and you get to keep that title. You will be mayor forever because, once you earn that title, you get to keep it. I do want to thank you, and I want to thank your family for all the public service over the years. And I'm sure that will continue. And actually, I think we all expect that public service to continue. Thank you. MAYOR DICKEY: Thank you. Appreciate it. [APPLAUSE] MAYOR DICKEY: Vice Mayor? TOTH: Well, thank you, Mayor, for your service and for your many years dedicated to this wonderful town. And I echo the comments of my other council members that I'm Page 7 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES sure that time isn't quite over; it'll just be different. As your final curtain falls, I know we had a short time together, but I wanted to thank you for the times that you were there to listen and negotiate with us, even though I know we see things a little differently. So thank you for your professionalism. [APPLAUSE] FRIEDEL: Am I the last one? MAYOR DICKEY: You're on the spot. FRIEDEL: Ginny, I can't imagine walking in your shoes all the years of service for this town. So thank you for that. And may your retirement or whatever you -- MAYOR DICKEY: Um-hum. FRIEDEL: --decide to pursue be fulfilling for you and enjoy it because you earned it. Thank you. MAYOR DICKEY: Thank you. [APPLAUSE) MAYOR DICKEY: I really appreciate that very much and obviously wishing the best for this day forward. I think my last bit of business will be public speaking cards, and then we'll get on with the oaths. Thank you. FRENCH CONTRERAS: Yes, ma'am. You have before you on your screen two comment cards for your viewing that did not wish to speak, but wanted to make sure that you received those. We have five individuals here now that would like to speak. The first one is our honorary consul of El Salvador and Former Council Member Enrique Melendez. Sir? MELENDEZ: Good evening, Mayor Dickey, Vice Mayor Toth, Town Manager Goodwin, and staff. Prior to this, I'd like to take a point of diplomatic privilege and acknowledge that next to me sitting down are two former mayors, Mayor Jon Beydler and his wife Cheryl and Mayor Jay Schlum. But I'm here tonight to provide and try to do the best I can as a former council member and vice mayor to provide positive comments and offer Page 8 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES gratitude to outgoing Mayor Dickey for the years of service to our community. I have known Mayor Dickey and her family for many years. Her father, an obstetric doctor, came to my home country of El Salvador years ago under the medical hands that healed program and performed five -- I repeat five -- complete knee replacements for the underprivileged in a jungle village. Was Mayor Dickey perfect? The answer is no. And neither was I when I served the community 22 years ago, and again today, as I'm standing speaking to all of you. Because you know what? Because we live in an imperfect world. Mayor Dickey has love in her heart and pride for Fountain Hills. And I and the president of El Salvador today thank her for the support she has given to our sister city of Ataco, the second city that we had in Fountain Hills. Three former mayors visited that city, and they're all in heaven. As the saying goes, people will forget what you said, people will forget what you did, but people will never, never, ever forget how you made them feel. Mayor Dickey made us feel proud during the turbulent times that our country and community are experiencing today and years before. Finally, I would like to congratulate incoming mayor Gerry Friedel, a good man, a friend, and wish him success in moving forward in keeping our community safe and prosperous during his turn in office. May God bless you all. [APPLAUSE) FRENCH CONTRERAS: Mayor and Council, next up is Beth Culp. CULP: Mayor, Council, it's very difficult for me to think about the commitment that you've made. By my figures, I think you've spent most of your adult life in public service, and you've been remarkable at it. Even though at the same time you're raising kids, you have a challenging job, you've always made time for your community. And we are very, very grateful. And I must respectfully disagree with the prior speaker. We think you are pretty damn near perfect. And we're very grateful for that. One of the things that I also look back on and think is quite remarkable is the way you put us on the map in the Valley. Your leadership, your guidance, your direction, the things that you did with this town, the bridges you formed not just with MAG and as a board member, Page 9 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES but with virtually every other mayor in the Valley, that recognition that you have an obligation to look outside the borders of this town to make our community better was exceptional, important, and we're very, very grateful that you had the foresight to do that. Thank you, Mayor. [APPLAUSE) FRENCH CONTRERAS: Next up, I have --oh, my apologies. Next up, I have Cindy Couture. COUTURE: Mayor Dickey and Council, this is a weird thing to say because you're younger than me by quite a bit. But I've always thought of you as Fountain Hills' mom. mean, seriously. Like, it was always Mom was in charge. Mom was making good decisions for us. Mom was making our town better every time she took action. Dwight Eisenhower said the supreme quality of leadership is unquestionable integrity. And Mayor Dickey, you've shown that. You've shown wisdom. You've shown integrity, and you've shown caring. And as I look around Fountain Hills, I see all of the wonderful changes that you've made, and I'm so proud of our town and proud of my mom. Most importantly, as a good leader, you haven't been afraid to go against us. Sometimes we don't realize what the right move is. And it seems like you figure out things, you figure out where the dominoes are going to fall, and you make the right decisions for us and lead us to those right decisions. And maybe a couple months, maybe a couple years later, we go, that was a good thing to do. I'm thinking of the garbage thing way back. Republic garbage way back when. Anyway, we slept well knowing you were in charge and I'm proud to have you as a friend. Thank you for all you've done. [APPLAUSE] FRENCH CONTRERAS: The last slip I have is former Council Member Alan Magazine. MAGAZINE: If I look like I'm a little unsteady on my feet, I am. I've got a problem. Let me start by saying that I want to associate myself with all of the comments the council members have made. I could go on -- FRENCH CONTRERAS: Mic. Like mic down. Page 10 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: Get closer so you can be heard. MAGAZINE: Is that better? Okay. Mayor, you've been a role model. So much good you've done for the town. You've been on the school board, the council, the theater board, not to mention other activities. Too much to mention that some have already mentioned. It's been an honor and a pleasure to work with you for the four years we were on the council together. A pleasure to serve. You've done a fabulous job. You worked so hard for the huge sum of $6,000 per year. After taxes and Social Security, I think you owe the government money. You did your homework on every issue. I was often startled as we'd get into an issue that was fairly complex, and you knew every bit of it, while I'm looking at my notes and hoping I can remember things. With regard to some technical issues that we often had, I must admit that around 9 p.m. I'd zone out. Knew you were carrying the ball. Knew that everything was safe in your hands. So again, I want to thank you for everything you've done. You've done an incredible job. I've worked with several mayors over the years, both here and in another jurisdiction. I've never seen anybody work as hard as you do. So thank you on behalf of the citizens. MAYOR DICKEY: Thank you. Thank you. [APPLAUSE] FRENCH CONTRERAS: Mayor and Council, I do have one more that I would like to speak now. And that's Linda Somo. SOMO: Madam Mayor, Council Members, I don't have the experience in this town that many of the people here tonight have. My husband and I just moved here seven years ago, but I was so happy to find such a wonderful small town. I had never lived in a small town before. This was a new experience for me. But to find the type of leadership that our mayor provided and that the council provided to have this beautiful town so well run and so open to newcomers. I want to thank you, Mayor Dickey, for your leadership, your dedication, your integrity, and your foresight. But using the comparison of the theatrical performance or the theater, I guess I could best sum it up in just two words. Not just Bravo, but bravissimo. Thank you. Page 11 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES [APPLAUSE] FRENCH CONTRERAS: Mayor, I have one more that would like to speak. Peggy Yeargain. YEARGAIN: Mayor, Council. MAYOR DICKEY: This reminds me of when we try to leave our house. We try to leave our Christmas parties, and we say we'll be right out, kids. Just one more minute. YEARGAIN: I've been reading the Fountain Hills Times for 40 years now, so I'm very aware of Ginny's impressive contributions to our community throughout those years. It's a long list of significant accomplishments. Obviously, you love Fountain Hills. Equally impressive to me is Ginny's good natured attitude. She is friendly and she is patient. She cares. Gracious is the word that comes to mind. Whatever the outcome, Ginny, you handle it with grace. Win or lose, you turn your attention to the next important task and give it your best effort. Again and again, year after year, you have set a high bar for leadership in this town. Thanks for showing us how it's done. We are so proud of you. (APPLAUSE] FRENCH CONTRERAS: Mayor, Jay Schlum would like to speak. MAYOR DICKEY: Schlum. Mayor Schlum. SCHLUM: Hey. MAYOR DICKEY: Hi. SCH LUM: Thanks for serving us for decades, Mayor Dickey, at the school, here at the Town, and pretty much anywhere else there was help needed. Thanks to your husband, Jim, and all your family that's done without you while you've served your community for basically volunteer wage, and you've done a wonderful job. It was a pleasure to serve with you on the council when I was mayor, and I know all the past mayors are not here because some of them are up in heaven looking down, but they're so proud of you as well. Mayor Jerry, Mayor Wally, Mayor Sharon, they're all here smiling down on you and appreciative of your service to this town of which you're a part of why this is the greatest town in the world, and most appreciative of your now, what, three terms as mayor and term before that as council member. So lots of years just right here up on Page 12 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES the dais. You've seen so much. You've grown with the town. You've always been a good listener. Haven't always agreed, obviously, on some items. We had some fun with our trash discussion back in the day and many other things. But I know tomorrow, I think is Mike Archambault's birthday. So not just the past mayors, but past council members that served with you are so grateful for your service and friendship. So I wish you the best. And I know whatever it is you desire to do, it'll be clear to you and to Jim, and you're going to continue to thrive. And I'm just so grateful for your service, grateful for our town council's service, and I'm always here to be supportive or an ear, just as all those that have served in the past here in Fountain Hills are to assist in whatever is needed. So best of luck to our new council members coming on board. Best of luck to our new mayor. You're going to have such a great time. It's such an honor to serve this town. As you know, as a council member, as a mayor, you get to be kind of the point person for our community, and it's such an honor. I wish you all the best. Merry Christmas, Happy Hanukkah, and thank you once again, Mayor. Yeah. [APPLAUSE] MAYOR DICKEY: And I would take that offer seriously if I was sitting up here anymore because nobody's --well, he grew up here, so we have our Mayor Schlum, and our other mayors, and everybody else that's here. I'm going to turn it over to Rachael now, and she'll move us along to the next part of our meeting. GOODWIN: Not quite yet. I have the privilege of sharing a few final remarks from our staff. Tonight we mark the conclusion of Mayor Ginny Dickey's time in office. Leadership is never an easy road, and it often brings a mix of emotions and unexpected obstacles. Through it all, Mayor Dickey has worked tirelessly on behalf of our community, dedicating time, energy, and focus to the responsibilities of this role. She has tackled challenges with determination and reminded us of the remarkable power of public service. Page 13 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES As we look ahead, let us remain committed to the shared goals of building a stronger, more resilient community. As the torch is passed, let us move forward together with a renewed sense of purpose and zeal for our beautiful town in service to all those who call it home. Mayor, as you step into the next chapter, know that your impact will continue to shape our future. On behalf of the entire community and our staff, thank you for your service and your unwavering commitment to the Town of Fountain Hills. We wish you nothing but success and fulfillment in the years ahead. Thank you, Mayor Dickey. [APPLAUSE] GOODWIN: These are for you. MAYOR DICKEY: Thank you so much. This is beautiful. Thank you. The chocolate looks good. I don't know where's the captain, but need the Captain Morgan to go along with it. I'll get to work on that. Thank you. Share. All right, Rachael. GOODWIN: All right. Moving us along. I would like to ask Judge Robert Melton to step forward. I think he's somewhere in the back back there. He is going to officiate our swearing in ceremony. We're going to do this in two parts. First, I'm going to ask Mayor Elect Gerry Friedel to step forward. If you would step down and join the judge. MELTON: One, two, three, four, five, six. Ready? Put your hand on the Bible. Raise your right hand for me. Repeat after me. I, Gerry Friedel -- FRIEDEL: I, Gerry Friedel -- MELTON: -- do solemnly swear -- FRIEDEL: -- do solemnly swear -- MELTON: -- that I will support the Constitution of the United States - FRIEDEL: -- that I will support the Constitution of the United States - MELTON: -- and the Constitution and laws of the State of Arizona. FRIEDEL: -- and the Constitution and laws of the State of Arizona. MELTON: That I will bear true faith and allegiance to the same. FRIEDEL: I will bear true faith and allegiance to the same. Page 14 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES MELTON: And defend them against all enemies - FRIEDEL: Defend them against all enemies -- MEL TON: --foreign and domestic. FRIEDEL: --foreign and domestic. MELTON: And that I will faithfully-- FRIEDEL: That I will faithfully-- MELTON: --and impartially-- FRIEDEL: --and impartially-- MELTON: --discharge the duties -- FRIEDEL: --discharge the duties -- MELTON: --of the Office of -- FRIEDEL: --of the Office of -- MELTON: --Town Mayor-- FRIEDEL: --Town Mayor -- MELTON: --according to the best of my ability. FRIEDEL: --according to the best of my ability. MELTON: So help me God. FRIEDEL: So help me God. MELTON: Congratulations. [APPLAUSE] GOODWIN: All right. The second half of our ceremony this evening, I'd like to ask Council Member Elect Gayle Earle to step forward. MELTON: Repeat after me. I -- EARLE: I -- MELTON: --Gayle Earle - EARLE: --Gayle Earl -- MELTON: --do solemnly swear - EARLE: --do solemnly swear -- MELTON: --that I will support the Constitution -- Page 15 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES EARLE: -- that I will support the Constitution - MELTON: -- of the United States-- EARLE: -- of the United States -- MELTON: -- and the Constitution and laws - EARLE: -- and the Constitution and laws - MELTON: -- of Arizona. EARLE: -- of Arizona. MELTON: (Audio interference) true faith - EARLE: (Audio interference) true faith - MELTON: -- (audio interference) -- EARLE: -- allegiance to the state -- MELTON: -- and defend them against all enemies - EARLE: -- and defend them against all enemies - MELTON: -- foreign and (audio interference). EARLE: -- foreign and domestic. MELTON: And that I will faithfully-- EARLE: And that I will faithfully -- MELTON: -- and impartially -- EARLE: -- and impartially -- MELTON: -- discharge the duties -- EARLE: -- discharge the duties -- MELTON: -- to the (audio interference). EARLE: -- to the best of my ability. MELTON: (Audio interference). EARLE: So help (audio interference). MELTON: Congratulations. [APPLAUSE] GOODWIN: All right. Thank you, Judge. Appreciate your time. MELTON: Thank you. Page 16 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES GOODWIN: Absolutely. And with that, we will take a brief recess. Please join us out in the lobby for some brief refreshments. We will be reconvening in roughly ten minutes as our new council. Thank you. (Recess from 5:48 p.m. to 6:03 p.m.) MAYOR FRIEDEL: Can we please take a roll call? FRENCH CONTRERAS: Thank you, Mayor. Mayor Friedel? MAYOR FRIEDEL: Present. FRENCH CONTRERAS: Vice Mayor Toth? TOTH: Here. FRENCH CONTRERAS: Council Member Earle? EARLE: Here. MAYOR FRIEDEL: Good job. FRENCH CONTRERAS: Council Member McMahon? MCMAHON: Here. FRENCH CONTRERAS: Council Member Kalivianakis? KALIVIANAKIS: I'm here. FRENCH CONTRERAS: And Council Member Skillicorn? SKILLICORN: Present. FRENCH CONTRERAS: Sir, they're all present. MAYOR FRIEDEL: Thank you. Are there any comment cards? FRENCH CONTRERAS: Yes, sir. Bear with me. It's my first day. I was waiting for one. Thank you, sir. Yes, sir. First speaker that would like to speak, Wendy Rogers. ROGERS: Mr. Mayor and Council Members, it's my honor to be your first testifier. And I am Senator Wendy Rogers from Flagstaff. I also cover not Maricopa County, but four rural counties. And so it's an honor to be here during the off season before the legislature starts again. And a real congratulations to Gayle Earle, who's up there not having had to undergo a runoff, I understand. So that's quite an achievement. As a campaigner and a politician, I can really appreciate that too. Page 17 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES And Mr. Friedel, Mayor Friedel, I've known you, and I think you're going to do a great job. And it's okay to smile. This is a great day. And I know Mr. Allen Skillicorn, Council Member Skillicorn, who's been a perennial testifier down at the State Capitol. So I just have a couple of things. You are on the way to Payson for many people in Phoenix. And I represent Gila County, Payson, Strawberry, Pine, Tonto Basin, Roosevelt Lake. I represent a good part of the state from Williams, Flagstaff actually, all the way down to Oracle. And so it's important to maintain that ethos of rural Arizona. It's important to maintain that specialness. And I understand there's a homelessness problem here. And so I know that we can count on you to work on that problem. I also know that with President Trump having been elected, that we have a situation now where deportations will occur. And the Ninth Circuit just upheld the right to deport today in the United States. [APPLAUSE] ROGERS: So if that comes up as any kind of dilemma or conundrum, I know that all of you will uphold the law and work with the federal government to do what's right. So these are things that are going to come up. We're going to encounter kind of a tumultuous time, possibly. so strong leadership here in Fountain Hills is going to resonate through the State, through my district, And God bless America. Thank you. FRENCH CONTRERAS: Mayor, I apologize. If you don't mind entertaining a change. I jumped ahead on the call to the public and we actually have presentations. Can we go ahead and jump back up and then we'll go back to call to the public? MAYOR FRIEDEL: Absolutely. FRENCH CONTRERAS: Does that work for you? MAYOR FRIEDEL: Absolutely. Rachael, do you want to introduce her? GOODWIN: That would be fine. Actually, so following our roll call the action item is for our comments from the incoming council members. I know we haven't had a pause. We had, you know, comments of our outgoing mayor, but I wanted to keep us back on track. We do have a moment for comments from our incoming. Page 18 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES Mayor, did you have any comments that you wanted to share? MAYOR FRIEDEL: I do. But I will relinquish the microphone to Gayle Earle to go first. If you have any comments, Gayle, that you want to make. EARLE: Okay. My first time. I just want to --we just came off Thanksgiving and I want to give a thanks to this town and everyone who supported me. And I'm very grateful to be up here. It seemed like it took a long time to get here, but I'm here, and was very grateful to be able to spend Thanksgiving with my favorite people. And if you know, you know who you are. And I'm very grateful, again, to be up here and I look forward to working for everyone, working with everyone up here, and being a representative of all the residents of our town. Thank you. [APPLAUSE] MAYOR FRIEDEL: So I do have a mayor statement that I'd like to make. I think some thanks are in order, so I'd like to first of all acknowledge Vice Mayor Hannah Toth. I'm using this gavel that she gave me almost two years ago. She didn't realize that it would really come to fruition, that I would really be using it here. So I want to thank her for this honorary gavel, which I'm using tonight in my first meeting. So this will be on my desk here fourth. And I think you all know that I like to support our town and our small businesses in this town. So I want to give a special shout out to --so the Social Thrift store in town, the suit that I'm wearing tonight is from those guys. So if you're watching or you're around, thank you for getting me outfitted in a very nice suit. And for the other men in the crowd, we do have two other options in our town. We have Manny's on the Avenue and also John's Tailor Shop, so the men can be looking really good in this town. So I'm so grateful for my wife, family, and the wonderful friends who stood with me during this long and at times difficult campaign. I want to thank my former colleague and friend David Spelich, who's in the crowd tonight, who mentored me when I first started on the Town Council. It means a lot, David. And he still to this day is giving a lot back to this town. So kudos to you, David. Thank you. And again, to the countless others who have helped me and supported me. I could never repay you for your Page 19 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES kindness and generosity. There's a lot of you. I'd like to thank our Town manager and the staff, who work tirelessly to provide services for our town, residents, and business community. They often go above and beyond the call of duty, and they make sure that the jobs get done. They get services out to our residents and our businesses on a daily basis. I appreciate them and respect every one of them. So thank you. Thank you, Rachael and the Town staff. I'd also like to thank our MCSO partners. Capt. Kratzer, you're in the back. Thank you to you and your deputies who put your lives on the line every day for us and keep us a safe community. We appreciate that. I also want to mention our new fire department. Chief Ott is in the back as well. Thank you for what you do. Thank you for the calls to service. There aren't many and we really appreciate that support in our town. I have no doubt that this council will work together to accomplish the best for Fountain Hills. We will listen to our residents, gather facts, and make decisions that are best for the town, not based on our personal agendas or feelings, but based on those facts. My goal is to continue to make Fountain Hills a beautiful place to live. And with that, I'm done. Thank you. [APPLAUSE] MAYOR FRIEDEL: Comment. FRENCH CONTRERAS: Allen, do you have a comment? MAYOR FRIEDEL: Allen? SKILLICORN: Thank you, Mr. Mayor. And it's so great to say that. I also want to extend over to new Councilwoman Gayle Earle. It is so wonderful to have the two of you up here. I've seen the two of you work so hard for the benefit of this community, and there's so many more things that we can do, right? Because there's a lot of work to be done. But also, this time of year is such a beautiful time. You know, we have the holidays, we have Christmas. We have, you know, the Prince of Peace. We have what's happening here in our town, and the fact that this weekend that we have Stroll in the Glow, and Page 20 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES we're going to have a new mayor and a new council member there to welcome us and start the festivities off. What a great way to start off an amazing term, and I look forward to that. But also, you guys know that this crowd that was here and the applause was for you and they support you. The people support you. The people are with you. And it's going to be so fun to see the children and the people this weekend for a big event, and all the other upcoming events here in Fountain Hills that you're going to be part of. And if you don't cry, I'm going to be a little disappointed, so. But thank you so much. And it's going to be it's going to be great to see what you're going to do. And I'm excited to see it myself. Thank you. [APPLAUSE] MAYOR FRIEDEL: Brandon. KALIVIANAKIS: Yeah. Thank you, Mr. Mayor. What a wonderful evening. The celebration of democracy, bringing people together, voting, putting up campaign signs and electing our representatives like no other country in the in the world. We do that here. We pick our own leaders. We pick the People that we trust and the People trust Gerry. Gerry has got the things that would be required to be a good mayor. When he ran years ago, he worked so hard knocking on doors that he had holes in his shoes that had to be replaced because he visited thousands of homes. What you need to be a good mayor is you need somebody to work hard. You need somebody with intelligence. You need somebody with a good sense of humor. And you need somebody that loves this town. Gerry checks all those boxes, and he will serve this town well. And I'm very proud of him tonight. I'd also just like to thank everybody, the new council and the old council for your willingness to serve. And for the new council people, for the responsibilities that you're going to take on now. I encourage us all, like Gerry said, put the campaign behind us and let's deliver Fountain Hill citizens the thoughtful, fair minded, full functioning, and cooperative government that they want, they seek, and they deserve. We've frequently shown that we share many common values on behalf of our town. We're all united in our common values. Somehow, sometimes we see different ways to get there. But Page 21 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES everybody in this room and in this council loves this town, and we will do anything we can to preserve and protect this town. I am proud to be on this council. Our collective embrace of the core values are part of the new beginning that we will embark on today. Thank you. [APPLAUSE] MAYOR FRIEDEL: Presentations? Oh. Oh, I'm sorry. Hannah. I didn't see you. I didn't see you. Your light wasn't on. You just turned it on. Go ahead. TOTH: I was feeling a little left out on pouring love onto our new council members, and not so new Gerry, but new position. I am going to cry. I'm going to be the one to cry. Not to mince words. I poured my heart and soul into this race because I believed in you, Gerry, and you, Gayle. And I cannot be more proud and happy that I'll be serving with you the next two years. I can't wait to see what you do. And I'll keep it short, because I know we wanted to go to presentations. But Fountain Hills, we're in for a golden age. [APPLAUSE] MAYOR FRIEDEL: Peggy? MCMAHON: Thank you. I'd like to say congratulations and welcome. I hope that everything turns out well and you are a good leader. You've had enough experience. You know the town. So I think you will do a good job. And welcome to Gayle Earle and also to Rick Watts, who will soon be setting up on council. So thank you. [APPLAUSE] GOODWIN: Now we can do presentations. MAYOR FRIEDEL: Now presentations. GOODWIN: Moving on. MAYOR FRIEDEL: Go ahead. GOODWIN: We have two presentations tonight. The first will be from MCSO Capt. Larry Kratzer. Followed by that we will be doing an update on the recent testing we had done on the Fountain Park Lake liner. That will be done by Kevin. KRATZER: Good evening, Mr. Mayor. Congratulations. Welcome, Councilwoman Earle. Page 22 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES Congratulations. And good evening to the rest of the council. I think this was strategic planning on Rachael's part, but I get to follow all that. So I'm going to bore you guys with some holiday safety tips and some reminders of ways to keep yourself safe over the holidays and the residents of Fountain Hill. So this time of year we like to remind folks what they can do to help keep themselves safe during the holiday season. It's a busy time for shopping. There's a lot of opportunity for criminals to take advantage of people and do crimes of opportunity. So we typically see an increase in burglaries, thefts, scams, and frauds during this time of year. And it's easy to get sidetracked when you're out shopping and doing your holiday visiting with family and friends to not really pay attention to your surroundings and just be caught up in the moment. So one of the things that we've seen over the last five, ten years is the increase in online shopping, which does help to some degree with not having the stores as crowded, but we still see a lot of the targets and the shopping malls busy. So some of the tips, when we talk about things, we first talk about when you're out shopping and you're out and about, just remembering to be aware of your surroundings. You want to shop during daylight hours, if possible. Park in well-lit areas if you have to shop at night and try to be in an area where you're not isolated. Set your alarm and your anti-theft devices. One of the big things and issues we see a lot of times is not leaving purses, or packages, or shopping bags visible in the vehicle. There are thieves out there who will break your window to get to those packages or the purses if they believe there's valuables inside. Look around. Make sure no one's watching you. Try to secure your belongings in your trunk, if possible. That gives you a little bit more safety of your property. Have your keys ready and accessible when you're walking to your vehicle so you're not fumbling, looking for your keys in your purse or head down when you're trying to get into your car. And then don't set your wallets, your purses, your bags on your vehicle while unlocking your car. And keep a secure hold on those items, your purses, your wallets, and your bags. One of the other things that we talk about is avoiding thefts and burglaries. As we Page 23 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES talked about earlier, packages this time of year with Amazon and a lot of the on line stores, it's common to have packages delivered and sit on your doorstep all day, or your patio. We take handfuls of reports here in Fountain Hills throughout the course of the year for packages that are stolen. And of course, at Christmas time is when thieves know that there's valuables being delivered. They're looking for those packages. So do what you can to not leave those packages on your doorstep for long. Maybe ask a neighbor to grab your packages for you. Install a Ring device or security camera system if possible. And there are opportunities where Amazon and some of these other companies will deliver those packages to secured boxes at like Circle K's or other stores. And that's a good way to protect those packages. Keep your porches well lit. Make it known that you don't try to help deter people from coming on your property and taking the items without being captured or deterred. And then lastly, we'll talk a little bit about scams and frauds. With the credit card usage and all the online scams we're seeing these days, keep your credit cards --keep track of your credit cards. Keep them in your possession. It's good usually to make sure you're enrolled in some kind of credit monitoring system to make sure your credit's not being used, or your cards aren't being used, or your name is not being used. Make sure that if you see any kind of suspicious activity on your billing cycles, or your credit cards, or any activity on your bank statement that you're reporting it immediately, contacting your bank and reporting any of those incidents to MCSO. And then we're seeing a lot of crimes that don't necessarily have to do with holiday safety, but just safety in general of computer scams, where you'll get a text or a phone number saying that you have a refund coming your way from a business, and then you'll call them back or you'll respond to the text, and then they legitimately look like they may be a business close number to Amazon or Google, or some of those big companies. If you were to Google it, it's a digit off. So once they get in and you allow them access to your computer, they can then access your bank account or some of your other accounts on line. So I know that the Fountain Hills Cares event recently talked about this, and we had a couple of our detectives from property crimes speak at the event, and it was a Page 24 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES good topic leading into the holidays. We just wanted to make sure for those that weren't there or those watching on TV or listening to the council meeting, that we reminded them of those safety tips. Lastly, I'll end with discussing we've had a lot of incidents in the last couple of months, especially involving bicyclists and vehicles in accidents. So in November, we had two within five days of each other where a motorist hit a bicyclist. And one of them, the bicyclist broke two of his legs. It was a vehicle that didn't see him coming at a stop sign and ran into him. The other one was in the Walgreens parking lot and luckily it only resulted in minor injuries. But this time of year, with the weather being nice, people being out and about, Stroll in the Glow, all the pedestrians being out, the bicyclists being out, we're just really hitting on being aware of your surroundings. And we worked with Mike Pelton, the community relations director, to push information out on the Town's website and social media. And we're going to do the same with holiday safety tips of just tips as a driver to be aware of, to help avoid and seeing pedestrians and bicyclists. And then also as a bicyclist or a pedestrian walking, tips to help keep yourself safe with wearing bright colored clothing, not assuming that a vehicle sees you, and taking the opportunity and the extra time to get across the street slowly. So I know all those tips aren't quite in line with the celebration that we're having tonight for the new council members and the outgoing mayor, but that's what I have for you. If there's any questions or comments, I'll be happy to answer your questions best I can. All right. Thank you. MAYOR FRIEDEL: Thank you, Larry. GOODWIN: Thank you, Captain. Next, we will have our community services director, Kevin Snipes. SNIPES: I was hiding in the back. Maybe. All right. Good evening, Mayor and Council Members. Good to see you all this evening. So as you know, here recently, we did a test on the lake liner. Since we have some new council seats being filled, I thought I'd also take this opportunity to kind of talk about how we got to where we are and where the recommendations came from. Page 25 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES So a few years back, we worked with a company, Black & Veatch, to do a very thorough analysis of both the lake, the lake liner, the irrigation system, and all the electrical components that are combined to go with them. So tonight I'm going to kind of go through some of the things that we've already done and some of the things that we're planning on doing in the future as well. One of my favorite shots of the fountain, when you see the fountain shoot up and you don't see anything coming down around it, around the fountain, I just think it's a cool shot, so I had to put it in tonight. So the lily structure, one of the things that was asked was why don't we clean it off? As you can see, there's lots of water sediment that's still attached to it and so it doesn't have that white look that it did in the picture before. It was decided that by removing the deposits that are on the outside of the structure, it could actually do more damage than good. And so after looking it over and looking for any stress fractures or anything like that, it was determined that it did not need to be taken off, and it would be better for the lily itself to leave it on there. Here you see our electrical system, which is the heartbeat, so to speak, of our fountain. Is it old? Yes. It's the original, so it's got some age on it. However, after looking through it, there's no known issues with it at this time. I was hoping to have our electrical PM done by the time we were doing this, because we are doing a PM on December 17th, as you see there. We had to move it a couple of times because we couldn't get all the parties involved together because SRP has to come out and they de energize the whole system. And then we have some specialists that come in and do our PM work on the electrical panels. And so getting everybody to be able to be here at the same time proved to be more difficult than it should have been. So we will be getting that information shortly. GOODWIN: Just for the good of the conversation, PM work is preventative maintenance. SNIPES: This is very true. GOODWIN: I just want to make sure everybody knew what that meant. Page 26 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES SNIPES: Absolutely. Yeah. So they're doing --what they'll do is they'll come in and they'll clean all the grease off of the contactors and reapply, look for any weaknesses. Look for any issues with the electrical system, which is crucial to making sure that it's safe and that we don't have any issues in our pump room. The next interesting issue that we found was with the screens that are on the back of the pump house. There's five of them, and they found that one of them was actually bent, and it took a lot of effort. There was a lot of underwater torching that had to be done. And as you can see, the guy there is not Aquaman, but he played one for a few hours for us. Went down and had to cut it out, and it was no easy task to get it out. And so once we started looking into it further, we found that the one on the left is the screens that were there. We redesigned them and came up with a hot dip galvanized version that's on the right that you can actually see through, which is good for water that wants to pass through it, but for keeping fish out that we don't want to get through it. And that was kind of our big indicator, is we actually did suck a fish into the fountain pump motor, and it caused some damage to one of our pumps. And we said, well, how does the fish get in here if there's screens on the back and found that the screen had been broken. So this has solved all of our problems. So but yeah. They've held up really well. They function great, and no issues. The next issue that we were having, the check valve that prevents water from flowing backwards when you have two of the three pumps running or one of the three pumps running, you don't want that water pressure to go backwards into the other pumps that aren't running. And so this is what prevents that. The one on the left was what we had when I got here. It took the place of the clay valves that were originally there. They had lots of trouble with those, so we tried these and they just mechanically couldn't handle the pressure of slamming shut every time that one of the pumps shut off and the other one didn't. So we switched over to the DeZURICH swing check valves that are on the right. They were substantially more, but they have proven that they're holding up really well. We've had no issues with them so far. They are hydraulic run to where they close much softer. They still close harder than what I would have thought. But we made a lot Page 27 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES of changes to them and modified them to get them to where they close much softer than what the old check valves did. The other thing that was recommended is that we get new PLC controls so that we have a different computer set up running the fountain. We took that several steps further, and now everything that runs the fountain is part of a app that's on our phone. We can get to it on any internet access anywhere. It'll show you everything from the wind speed, how sunny it is, the direction of the wind, how strong it is. And it tracks how many hours each one of the pumps is being used. It also allows us to change the colors of the fountain. We can set up different programs for the fountain. This has been a game changer for me. Where when I get calls on Saturday and they say the fountains not running, I can look and say, yeah, you're right, it's not running. It's actually too windy. Instead of guessing in them, saying it's not blowing and where I'm standing and having that conversation for 30 minutes. So that's worked out really well. And we do have backups on it. We have three different wind meters that are on it, two that are on actually at the pump house and one that checks the internet so that we can also check and make sure that if we do have an issue, we'll be able to tell by looking at different places to make sure that that's the case. Now to the evaporation test. So we did an evaporation test when we did the Black & Veatch study, and this was our second run at doing it. The first one came out that there wasn't any issues. Before we start the evaporation test, what we do is we shut down all water that's coming into the lake. So that means the pump back site, as well as all the sanitary districts filling of the lake. And we also shut down the irrigation system. And the worst part, we have to shut off the fountain for six days so that we don't lose evaporation when the fountain's running. So through doing all of that, and then on the left there you can see the metal container that we fill up with water. That's our control. So that gets checked for evaporation, and then they do it by volume of water that's in that and compare it to the volume of water in the lake and the evaporation that happens in the lake. And the one on the right there is showing the temporary measuring tool that is used right by where the lake fills to get the measurements and Page 28 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES make sure that we don't have any issues with the lake liner. So this is our 2020 evaporation test, and it's basically showing the lake drawdown is the darker blue, the light blue and the gray are the control. And the difference that's in this is not considered an amount that is concerning. It was considered that they were both dropping at the same rate, and so we weren't seeing any issues. For our this year evaporation test, as you can see, they're very similar again. And so at this time we do not believe that there is any significant issues with our lake liner leaking. Yes, you can all clap and celebrate because that is important. [APPLAUSE] SNIPES: And I won't be retiring this year, so that's good. So I've always kidded that I would as soon as we do this, but I'm just kidding. I think this was great news. It's been four years since we did the last test. So we'll continue to monitor this, and we'll do it again in the next handful of years to make sure that we're staying on pace with not having any issues with leaking of the lake. And with that, I'll take any questions that you have. MAYOR FRIEDEL: Peggy. MCMAHON: Thank you. Thank you, Kevin, for your presentation. I appreciate the update. I know it's been a concern in the back of all of our minds. We put money towards it and we are concerned about it. I guess I have a couple questions. Does it cost money for us to do this? And do you think that as the liner ages more, that you should do it more frequently, like every other year or something like that, to make sure that it's not leaking? Are there other ways, simpler ways that are less complex, I should say? Ways that you can test or like know that the liner is not leaking? And also with that in mind too, if and when that happens, then I guess we're going to have to have a time projectile, you know, not to jump ahead. You know, that whatever, whoever is serving on council to address it and fund a new lake liner. Hopefully, that will never happen, but you know, probably will. Thank you. SNIPES: Certainly. Yeah. So Mayor and Council Member McMahon, what we're really looking at is the last time the lake liner was replaced, they noticed because the liner was Page 29 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES actually floating in the lake and they were finding water downstream. So before it got to that point, I'm more than confident that it had years of having leaking going on. It just didn't show up until the very end. And so they weren't testing at that time that I know of at all. And it had just become the town, so I'm sure the town hadn't tested either. The recommendation from Black & Veatch when they were here was to do it every five years. If you start seeing anything, any signs, or any other issues, then increase the regularity of doing the test. There is definitely a cost associated with it, because we're bringing scientists out to do the test and give us a real evaluation. Could we do it cheaper? Yeah, we could do it cheaper, but we wouldn't get as scientific of results as we get this way. And I'd much rather have somebody be more definitive than me going out with a ruler, and testing it, and saying, I think we're okay. MCMAHON: Thank you. I appreciate it. SNIPES: Certainly. Other questions? No. Thank you. GOODWIN: All right. Now I think we can return --I think we're back on schedule and we can return to our call to the public process. FRENCH CONTRERAS: Thank you. Just as a reminder to the public, anyone wishing to address the Council regarding items listed on the agenda under call to the public should fill out the request to comment card located in the back of the council chambers and hand it to me, the Town clerk, prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and please state your name for the public record. Limit your comments to three minutes. It's the policy of the mayor and council to not comment on any items that you bring forth under call to the public. However, staff can be directed to report back to the council at a future date or to schedule an item raised for future council agenda. So with that, we will call our next public comment, which would be Barry Willbowski - Wolborsky. Wolborsky. I will get it, sir. Thank you. WOLBORSKY: That's me. I can say it easy. I'm Barry Wolborsky. Congratulations to the new mayor and council. Clearly, the residents of Fountain Hills decided it was time for a change. They were tired of their needs and wants being ignored or made secondary to Page 30 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES other agendas. Agendas like council members' personal preferences, council members' political agendas, the wants and needs of the Chamber of Commerce, the Town staff, and even the business community. The council needs to encourage businesses that make the lives of the residents better, rather than ignoring the residents will when they don't want businesses or developments here. When the council and the staff seek to bring new businesses into the town, they need to feel that the enterprise will improve the residents lives, not just generate more sales tax revenue. This is a win-win situation. And if you look at the businesses in Fountain Hills that are flourishing, you will see that they all meet the needs and wants of the residents. That's how they flourish. The last election proves that the residents are tired of a council that ignores the voice - a council that ignores the residents' voice and feels that they are so much more qualified to make decisions than the farmers and butchers who fought for the liberty in this country, who penned the Constitution, who do the work, who pay the taxes, who vote in the elections, and make this country great and strong. Please be the voice of the residents. [APPLAUSE) FRENCH CONTRERAS: Okay. Next up, Crystal Cavanaugh. CAVANAUGH: Good evening, Council. Crystal Cavanaugh, Fountain Hills resident. I'd like to say congratulations to Mayor Gerry Friedel and to Councilwoman Gayle Earle for winning their respective seats and being seated tonight. Unfortunately, due to the ongoing recount, not everyone was able to be seated together this evening. But finally, Councilwoman Earle is on the dais after being duly elected this past summer, even though three, Dickey, McMahon, and Kalivianakis refused to do that before tonight, December 3rd. Even though there is a state statute directing the council to fill an open seat. Our state representatives even contacted the office of the AG about it. Yet tonight, even though the race is still undecided, Councilwoman McMahon has chosen to remain in her seat. There is indeed a state statute that allows for this, allows for a sitting member to remain in her seat until a replacement is confirmed. But this councilwoman is a direct party to the ongoing recount. Does anyone else see the Page 31 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES hypocrisy and double standard for this? Is this not a hypocritical thumb being placed on the scale in this situation? The state statute directing them to seek Gayle Earle was ignored, but this state statute is used to justify allowing Councilwoman McMahon to stay in her seat and on committees. After December 9th, when the recount is revealed, Councilwoman McMahon may indeed be the declared winner of this seat. But would it not have been the better choice, and definitely the better optics for the councilwoman to have chosen to leave the seat vacant for this very brief time period as a sign of good faith, recognition, and that the seat is indeed undecided in overall fairness considering her previous decision on filling a vacancy. Rick Watts has been the front runner in this recent council race the entire time, but has been forced to wait until the McMahon-Corrigan recount is resolved before he can be sworn in. This is still a night of celebration, but I am definitely looking forward to seeing the entire council, which is elected by the people of Fountain Hills, seated on this dais, doing what's best for the community. Thank you. [APPLAUSE] FRENCH CONTRERAS: Next up, Larry Spade. Mr. Spade? Liz Gildersleeve. GILDERSLEEVE: Good evening. Liz Gildersleeve, Fountain Hills resident. I am so thrilled to finally be able to say congratulations, Mayor Gerry Friedel. Long time coming. Also, congratulations to Councilwoman Gayle Earle and Councilman Rick Watts. Hang tough, Rick. It's going to happen. I saw firsthand the sacrifices you and your families took to campaign and run for office. And I am thrilled that the rest of Fountain Hills got to know you too, and extend their support with your votes. You all will be terrific. And my family and I thank you for running for office. Matthew Corrigan is another fine individual and I'm hopeful that he comes ahead in the recount. Fountain Hills would be equally lucky to have him on the council too. This is a big moment. You can't accomplish significant things for this town. And together, in particular with Councilwoman Toth and Councilman Skillicorn, you can do Page 32 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES great things for Fountain Hills neighborhoods and small businesses, and clean up some of the bigger issues from the last two years that were not handled properly. I'm confident that you can fix these issues and the other issues that will inevitably come your way. Again, thank you for loving our beautiful town and running for office. And congratulations on winning so decisively. Not even close. So well done. I wish you and your families a very Merry Christmas. Thank you. [APPLAUSE) FRENCH CONTRERAS: Mayor and Council, I have one more slip from Kim Wolborsky. WOLBORSKY: Wow. You got it right. I'm Kim Wolborsky, a resident of Fountain Hills for five years now. And I just want to, of -- I got up because I wanted to welcome Council Member Earle and Gerry Friedel. It's wonderful to see you both up on the council together. But the two presentations brought up two things for me. So since I have three minutes, I'll use a little bit of it. In terms of safety, I recently had to send some electronics to my sister, pardon me, to my sister. And I was able to mail them to the UPS store. I worked with them to find out how to do it, and she was able to pick it up there safely as it wouldn't have been safe sitting outside at her apartment. The other thing, of course, is the lake liner along with our streets. I think that's our top priority here in Fountain Hills, or it is for me. I know I'm going with whatever the hundred things are, but whatever money we can put toward that lake liner ahead of time. My husband and I attended the financial open house, which I recommend to everyone. It was really interesting and I was really thrilled to talk to Ms. Goodwin about, you know, she explained to us some of the plans that they've been looking at in terms of getting that funded safely. But you know, the more money we can save for it ahead of time, the better. Thank you and welcome. [APPLAUSE] MAYOR FRIEDEL: So for this meeting, we'll move on to the consent agenda items. And for this meeting there are no items on the consent agenda. So we'll move to the regular Page 33 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES agenda items. And we've got, Rachael, our finance director? GOODWIN: We do. We have Paul Soldinger. He's going to walk us through the fund balances from the end of last fiscal year and then where --and then will be taking direction from the council tonight where you'd like to place those balances. SOLDINGER: All right. Thank you for the opportunity in front of the new council, new mayor. Good evening, Mayor, Vice Mayor, and Council. I appreciate the opportunity to be here tonight. Tonight, I'll try to keep my presentation and discussion as brief as possible, but I'll be discussing our audited fiscal year '24 fund balances. So that would be as of June 30th of 2024. And the reason we're talking about tonight is because our audit just completed a few weeks ago, and so now we have the opportunity to discuss and the excess reserves that we'll have. And then I will provide a brief update on the first quarter revenues for fiscal year 2025. Please wait to discuss the recommended transfer until I complete the presentation, but feel free to ask any questions along the way. All right. Just some very brief fiscal year 2024 year end highlights for your consideration tonight. Our General Fund revenues exceeded our projections by $5.2 million, and our General Fund expenditures were below our adopted budget amounts by $3.9 million. So in total, our General Fund had a positive variance of $9.1 million. Our past transfers into the Streets Fund. As of fiscal year end June 30th, brought our fund balance in the Streets Fund to about $9.6 million for streets current and future needs. Really quick. These are our year end audited fund balances on your screen. As many of you already know, we like to refer to our funds as buckets here. Really, funds are just an accounting mechanism to keep track of monies for appropriate purposes and restricted purposes. So on your screen, you'll see that at fiscal year end, we had $17.6 million in our General Fund, 9.6 million in the Streets Fund, $8.8 million in the Capital Projects Fund, $5.3 million in our Facilities Reserve Fund, specifically of that, about $4 million set aside for Page 34 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES the lake liner project, and about $5 million across all of our other 16 funds for the town. At the bottom of your screen, you'll see that we also had about $2.7 million set aside in our internal service funds for vehicle and technology replacement purposes. And you'll also see that across our governmental funds, we have about $46.3 million of fund balances as of June 30th of 2024. So just a couple of things about our Financial Policies. Our Financial Policies require us to keep --it says 20 percent, but really it's 40 percent combined of the average of the past five years of general fund revenues. I think that amounts to about 22 million or so of the average revenues for the past five years. So as you can see, we are required by policy to keep $4.47 million in two different --it's kind of like a bucket within a bucket. They're both within the General Fund, but we're keeping that $4.47 million in our Rainy Day Fund that can only be accessed if certain criteria occurs, and our Unassigned Fund balance for General Fund operations. So our total required General Fund Reserves that we need to maintain at fiscal year-end is $8.9 million. Part of the fiscal year 2025 budget that was adopted by council on June 4th of this year already included $4 million of transfers out of the General Fund, $2 million went to the Streets Fund, and $2 million went into the Facilities Reserve Fund. Of that, $1 million was specifically for the lake liner. So our policy also requires that any leftover reserves after these transfers are made are going to be transferred into the Capital Projects Fund. So we're here tonight basically because there's a little bit more excess reserves than we expected. So we'll discuss that in just a minute. So this is just an illustration on your screen now of the different funds. And really this is pretty much July 1st of this year. So after the new fiscal year started, we processed the budgeted transfers. So as you can see, the General Fund started at 17.6 million. We transferred $4 million out, $2 million in the Streets Fund, $2 million in the Facilities Reserve, and we had $13.6 million left over in the General Fund. And at the very bottom it kind of explains what I'm about to explain, but the required reserves of $8.9 million still leaves about $4.7 million that we would be transferring into the Capital Projects Fund. Page 35 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES So based on these excess reserves, we are recommending tonight to Mayor and Council to transfer another $2 million into the Streets Fund. The General Fund excess reserves of $4.7 million would be transferred to Capital Projects. But that fund really already has sufficient fund balance to be able to complete all our projects this year that we have in our capital improvement plan and with the incoming revenues throughout this year, as well as potential transfers next year. Plenty of money, in my estimation, to be able to carry out those capital projects. So tonight we recommend that $2 million go into the Streets Fund for additional streets paving needs for the future. And the remaining $2.7 million would be transferred into the Capital Projects Fund in accordance with policy. So that was fiscal year '24. I'm just going to briefly go through fiscal year '25, just so you have an idea of what's going on this year, and then I'll open it to discussion if that works. Excuse me. So total net taxable activity for quarter one of fiscal year '25 for the first three months was $153.7 million. It was a little bit less than the same period last year, but it was good to see that it was $15 million more than the same period two years ago. So as you may know, through a lot of my presentations in the past few months, the last couple of years have shown kind of a jump in our local sales taxes, and it's kind of plateauing a bit. So there are some headwinds, but it was good to see the comparison to two years prior. Our total TPT local sales tax collections came in in the quarter at $4.25 million, more than our projections of $3.77 million, and it was actually an increase of 62,000 compared to the same period last year. Only a 1.5 percent increase, though, for the quarter, which while an increase is good, it does show a little bit more evidence of the headwinds. The state right now is bringing in --the State as a whole is bringing in about 4 to 5 percent of increase of sales taxes to the State. So we're lagging behind the State projections and actual tax revenues at this point. Retail sales. So our collections did come in above our projections of $107,000 more than expected, but it was a decrease of 49,000 compared to the same period last year. So a negative 2 percent decrease from the same period. Page 36 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES Similar to my last presentation on our revenues, what I did was I took out the food tax to just show you more of an indication of what's going on in the town and the retail sales. And that one, that indicator was very consistent with the overall retail category at negative 2 percent. Remote sellers. Just another insight to what's going on in the town. As I've kind of stated in the last few presentations, remote seller taxes are going up. People are buying more retail goods online. So that went up by 6 percent compared to the same period from last year. Construction sales taxes. So this one, it did go down about 8 percent. What I want to say about this is that it did go down, but the past two years have been a lot higher than previous years. So we're kind of leveling out and coming to maybe a more reasonable middle ground. It's still doing well and a lot more than projections are conservative projections. So it's definitely something we're monitoring. But we are seeing a little bit of a middling ground with our construction sales taxes. Utilities. With the rising cost of utilities, you're seeing a similar trend. Our utility sales tax revenues are up 11 percent from the same period last year. Real estate. This one seems a little concerning on the surface, but we did do a little digging into this. So our real estate sales tax revenues, just for everyone's understanding, our long term residential real estate taxes are going away in January. They're going to be completely eliminated by the state. So we're still collecting them. But that has nothing to do with the decrease here. What we looked into and we're trying to seek clarification on from the Department of Revenue, is there appeared to be a taxpayer error in overpayment in the last quarter of fiscal year '24, and there was a refund processed in this quarter. So if you would have taken that out of the picture, we actually would have exceeded our projections and we would have shown an increase for this course. So it's not as concerned as it looks like on the surface. It's really in line with our expectations. Restaurants and bars. Pretty consistent with the same quarter last year. Compared to my last presentation, a little bit more stabilizing. I still recommend everyone to go out Page 37 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES to your local restaurants and support local business. Services. This one was kind of interesting. We had a huge jump in our services and the jump really came from our hotels and short-term residential rentals. So it looks like in May we collected a lot of local sales tax in this category, which relate to the prior month. So around March to April time frame, there was some sort of large influx of people coming to our town and staying at our hotels and short-term residential rentals. So that was good to see. So it actually increased by 72 percent compared to the same period last year. And our state shared revenues have all been coming in relatively consistent with our projections. Nothing to be overly concerned about. Sales tax and income tax there on your screen, as well as our HURF and vehicle license taxes. So with that, I'll open up to any questions or any discussion. MAYOR FRIEDEL: Peggy? MCMAHON: Thank you very much. I know you and I spoke this morning and I had a few questions, and I want to reiterate them here -- SOLOING ER: Um-hum. MCMAHON: --so everybody knows. I asked why the transfer now? I also asked, you know, transferring this to the Streets Funds and making this transfer, if it's agreed upon, is it going to adversely affect any other funding of any other projects or streets like the Shea Boulevard widening, et cetera? Or it's just merely excess that won't adversely affect another project? SOLDINGER: Great. Okay. Mayor, Council Member, yeah. Let me address both of those questions. Number one, the timing. This is typically what we've done in the past couple of years after -- MCMAHON: Um-hum. SOLOING ER: --our audits are completed in late October, early November. If there are excess reserves, will come to council to recommend these transfers. And if not, we'll just --I'm sure there have been years when we didn't have excess reserves, and we just Page 38 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES made the transfers into the Capital Projects Fund. This year, because of our healthy fund balance in our Capital Projects Fund, we felt that it was appropriate to at least make the recommendation of the $2 million go in the Streets Fund. Actually, we have a work session in two days where we'll discuss more in depth some of the creative steps that staff has taken to be able to possibly increase our budget for our Streets Fund next year. So this is an anticipation of some of those moves that we'll be discussing very soon. MCMAHON: Okay. And also I have a question or a comment. You know, our revenues, we're going to lose revenues because the long term rental tax is going away and there's another bucket that's going away. So that's almost like $2 million a year. SOLDINGER: Um-hum. MCMAHON: So when staff discussed this particular transfer, and I know our revenues are up, some are down, the whole nine yards. I don't know. The projection for 225 [sic] might be a little bit lower. Can this money be used to make up for that loss? Not to insult you in any way. I've already taken all that into consideration with the lost revenue, because this is a lot of money to transfer, and I don't know if it's just going to sit there, if there's going to be enough contracts, you know, and we're going to be able to use it in 225 [sic] to improve the streets if it gets transferred, or anything. So could you please address that? Thank you. SOLDINGER: Sure. Yeah. Mayor, Council Member. So I'm trying to think of the best way to explain it. We considered those revenue losses in our fiscal year 2025 projections already. So it's already kind of accounted for. We still had a slight increase in our projections based on some of the other revenue streams. My predecessor and our policies have kind of required us to remain conservative in our revenue projections, which has really put us in a really good financial position. So no, I have no concerns with transferring the money. We're still sticking with our policy, which I would say is a strong policy. Keeping 40 percent of the average of General Fund revenues will, in case of a catastrophe, allow us to operate for several months into the future, still make our payroll and pay our bills for about 40 percent of a Page 39 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES year, you know, 40 percent, you know. So I have no concerns with it. I don't think it will adversely affect other projects. Like I mentioned, we have sufficient funding in our Capital Projects Fund that will be able to do all the projects in our capital improvement plan for this year and next year. And so we'll have to take it year by year after that. MCMAHON: Thank you. I appreciate your explanation. SOLDINGER: No problem. MAYOR FRIEDEL: Gayle? EARLE: Yes. Please bear with me. It's my first time. I wanted to address you first said we had $4 million for the lake liner. And what is the projected number, amount that we need for that? SOLDINGER: Mayor, Council Member, at our last capital projects work session in March, I believe the total amount is 16 million estimated in total. EARLE: That we need? SOLDINGER: Yes. EARLE: Okay. My second question is, if we have an excess of 4.7 million, why can't we put all of that into the streets? Is there a limit to that? And if, since you're saying that the capital projects is sufficiently funded? SOLDINGER: Mayor, Council Member, you could. So that would be a council directed decision. The policy is council adopted. So we follow the policy. And if council wanted to make the decision, they could. The challenge with that would be future funding for the Capital Projects Fund. We might be a little more restricted next year in what we can do because, yes, we have $8.8 million, but we have several big projects going on this year. Number one being the Golden Eagle impoundment, which is coming in at about $3 million. And we have several other projects that are ongoing. So just hypothetically speaking, let's say we spend five million of that. We're only going to have 3.8 million plus whatever interest we've accrued in that fund. We also get the construct --half of the construction sales tax going in there. And so this year we are exceeding expectations. So you can expect maybe another million dollars to go in that fund. So it could hamstring us a little bit in the future if we were to take that kind of step. Page 40 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 OWN COUNCIL MEETING MINUTES EARLE: Okay. And then my third question was, I remember being told that the loss that we will take from the rental was 700,000 a year. Is that correct or is it two million? SOLDINGER: No. That's correct. So the 700,000 --our projections are about 600,000 per year, but they've been coming in a little bit higher. Last year it was like 750,000 we brought in from the long term residential rental tax. I believe the revenue losses that Council Member McMahon mentioned relate to the urban revenue sharing decrease this year that went into effect. And we also account for half of losing the long term residential rental tax. So those in total are, yeah, right around $2 million this year. EARLE: Thank you. SOLDINGER: Um-hum. MAYOR FRIEDEL: I'm going to make a note here too. So we have 4.7 million. SOLDINGER: Um-hum. MAYOR FRIEDEL: I want this council to think about 2 million to streets, 2 million to capital. We need money for wash maintenance as well. Can we shove some of that over there and maybe bolster that? Because we're on quite a wait to get some of these washes taken care of. And then half a million to wash maintenance and then maybe something to the Downtown Fund, we've got projects we want to do downtown as well. So I think if we take a look at this a little bit differently, 2 million in each of those buckets for capital improvement, streets, I'm sorry, the lake liner, and then streets, and then maybe shove a little bit to the wash maintenance as well. It would be something I would think we should take a look at doing as well. And Councilman Skillicorn, you're next. SKILLICORN: Thank you, CFO Soldinger. And I'd just like to make a motion to do the budget, the transfer of $2 million to the Streets Fund. TOTH: Second. MAYOR FRIEDEL: We have a motion and a second. GOODWIN: Mayor, before we have our roll call vote, just to answer your question about the wash maintenance. We do have that funded for this year. We're moving forward on that, actually making pretty significant progress. So we're underway, which Page 41 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES is great. To that end, when we talk on Thursday, we're going to actually be talking about the sunsetting of the Environmental Fund and that that is where the washes have been funded out of. So I think that's what you're referring to. So as we go into the next fiscal budget, we will have to fund that out of the General Fund. So if we need, we will be accounting for that there. So I think that's been sort of anticipated in this recommendation as well. But if worse came to worse and we had to, you know, reallocate some additional funding, we could work to do that. MAYOR FRIEDEL: Good. Thank you. So we have a motion and a second. Any discussion? Further discussion? Roll call. FRENCH CONTRERAS: Yes, sir. Council Member Skillicorn. How do you vote? SKILLICORN: Yes. FRENCH CONTRERAS: Council Member Kalivianakis, how do you vote? KALIVIANAKIS: Aye. FRENCH CONTRERAS: Council Member McMahon, how do you vote? MCMAHON: Aye. FRENCH CONTRERAS: Council Member Earle, how do you vote? EARLE: Yes. FRENCH CONTRERAS: Vice Mayor Toth, how do you vote? TOTH: Aye. FRENCH CONTRERAS: Mayor Friedel, how do you vote? MAYOR FRIEDEL: Aye. FRENCH CONTRERAS: Thank you, sir. MAYOR FRIEDEL: Passes seven/zero, right? FRENCH CONTRERAS: Six. MAYOR FRIEDEL: Six/zero. I'm sorry. We have a vacancy. Okay. I think that's all we have on our regular agenda. Are there any comments from Town Council? Anything from the Town manager? GOODWIN: Nope. I have all of our notes from our call to the public. It doesn't look like we have any action items resulting from tonight's discussion. Page 42 of 43 TOWN OF FOUNTAIN HILLS DECEMBER 3, 2024 TOWN COUNCIL MEETING MINUTES MAYOR FRIEDEL: And are there any items for the future agenda? Anybody? KALIVIANAKIS: Thank you, Mr. Mayor. Yes. I do have one item for the future agenda. As I've traveled pretty extensively this past year around America, a lot of the cities have signs, signage for their celebrities or people of note. And I think that's a really nice tip of the hat to those people. It's great for those communities. So what I'd like to suggest to be a future agenda item was we put up signage that says something to the fact of welcome to Fountain Hills, home of Sheriff Joe Arpaio. There would be like one on Shea coming in from Scottsdale and then possibly one coming off the Beeline Highway. He's had a terrific career. He's life. He's been here for 43 years. He served in the Army, DEA, and was the honorable sheriff for 24 years. I just think it'd be a nice gesture for this council to recognize a local hero. GOODWIN: So per our policy , yeah, we'll just put it - MAYOR FRIEDEL: We need two more -- GOODWIN: Um-hum. MAYOR FRIEDEL: --people to support that. GOODWIN: Yep. MAYOR FRIEDEL: Okay. Noted. Thank you. GOODWIN: And then if there's no other items for future agenda, you can call for a motion to adjourn. MAYOR FRIEDEL: Motion to adjourn the meeting. TOTH: So moved. GOODWIN: Second? EARLE: Second. MAYOR FRIEDEL: All in favor? ALL: Aye. MAYOR FRIEDEL: Thank you. Meeting's adjourned. GOODWIN: Yes. Page 43 of 43 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL December 10, 2024 A Special 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 Gerry M. Friedel: Vice Mayor Hannah Toth Council Member Gayle Earle; Councilmember Brenda Kalivianakis; Councilmember Peggy McMahon; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Kandace French Contreras. Town of Fountain Hills DECEMBER 10, 2024, TOWN COUNCIL SPECIAL MEETING MINUTES Page 1 of 7 Post-Production File Town of Fountain Hills Town Council Special Meeting Minutes December 10, 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 DECEMBER 10, 2024, TOWN COUNCIL SPECIAL MEETING MINUTES Page 2 of 7 MAYOR FRIEDEL: Please rise for the Pledge of Allegiance, and then stay standing, if you choose, for a moment of silence. 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. [MOMENT OF SILENCE] MAYOR FRIEDEL: Thank you. Kandace, can we please have a roll call? CONTRERAS: Yes, sir. Mayor Friedel? MAYOR FRIEDEL: Present. CONTRERAS: Vice Mayor Toth? TOTH: Present. CONTRERAS: Councilmember Earle? EARLE: Here. CONTRERAS: Councilmember Kalivianakis? KALIVIANAKIS: Here. CONTRERAS: Councilmember McMahon? MCMAHON: Here. CONTRERAS: Councilmember Skillicorn? SKILLICORN: Here. CONTRERAS: Thank you, sir. All present. MAYOR FRIEDEL: Thank you. So we're going to have a little recognition of the incoming council members based on the recount numbers that were official recently. So we want to recognize the fact that Rick Watts is in the audience tonight, and also Peggy McMahon with her second term as councilmember. So I want to welcome both of them to our council. And I know we're going to all work well together and get a lot done for the Town of Fountain Hills. And I'll open it up to ask if any of the other council members want to make any comments? KALIVIANAKIS: I do. MAYOR FRIEDEL: Yeah. Town of Fountain Hills DECEMBER 10, 2024, TOWN COUNCIL SPECIAL MEETING MINUTES Page 3 of 7 KALIVIANAKIS: Okay? I'll move here. Thank you. Good evening, everybody. It's really nice to see everybody here tonight. I'd like to recognize Peggy McMahon on her re-election. From HOA board members, commissions, councils, as well as all public servants in general, this can be a very challenging commitment. It takes a special kind of a person to accept the praise and the criticism of public service. People drawn to public service all have one common trait. They are trying to make a difference, and they have a servant's heart. One such person we can honor tonight is newly-elected Councilwoman Peggy McMahon. The people have spoken, and they have re-elected you because of your stewardship of our beloved town. She has served many volunteer positions: with Hospice of the Valley, Homeward Bound, Volunteer Expo, has participated in various local community events. She is involved with friends in the Women of the Hills group, Fountain Hills Women's Group, Fountain Hills Stitchers of Hope, and various local business owners' associations. She's a member of the East Valley Partnership Board of Directors, Valley Metro RPTA, and the Valley Rail Board of Directors, Maricopa County government, MAG, Economic Development Committee with interest in MAG's Regional Planning and Strategy Division, the League of Cities and Towns' Neighborhoods, Sustainability and Quality of Life Committee, Council subcommittee Pedestrian and Traffic Safety Committee, of which I'm there with her, Fountain Hills Cares, of which I'm on there with her as well. And then one of her proudest accomplishments is the Town of Fountain Hills Dementia Friendly Committee. I know you're especially proud of that, and we're especially proud of you. So good luck during your next term, Peggy, and thank you for being a difference-maker. MCMAHON: Thank you. KALIVIANAKIS: Of course. [APPLAUSE] KALIVIANAKIS: And if I may, Gerry, and to newly-elected Councilmember Rick Watts, thank you for volunteering for this difficult position. I have always appreciated your Town of Fountain Hills DECEMBER 10, 2024, TOWN COUNCIL SPECIAL MEETING MINUTES Page 4 of 7 logic on the Planning and Zoning Committee and the dedication and the time that you've spent serving in that committee. You always come prepared. You always speak intelligently. And I think that you're going to be a very valuable asset to this town council, and you're going to be a good servant to the people of Fountain Hills. And so congratulations on your election, and I can't wait for you to sit right next to me and get to work. [APPLAUSE] MCMAHON: Thank you. Thank you, everybody, for your warm welcome. And I would also like to say, once again, congratulations to Rick Watts. He and I had coffee, so we have already said that to one another. But I wanted to say welcome, and I look forward to serving with you and hopefully coming up to some pretty solid, good resolutions on behalf of the community as a whole. So congratulations. [APPLAUSE] MAYOR FRIEDEL: Hannah? TOTH: I want to say, of course, congratulations to both of our winners. We are -- I hope I'm speaking for the whole council when I say we are very thrilled to have a full council once again. Rick, I know that coming to the Planning and Zoning meetings, you were very much the one who taught me that I have a lot to learn. You are very intelligent, very well-spoken, and very logical in your decisions. I'm very excited to have you as a new addition to our council. MAYOR FRIEDEL: Anyone else? No? Okay. I think we'll move on with our swearing-in ceremony. Rachael, I'll turn it over to you. GOODWIN: Sure. Thank you. We're going to take each of our newly-elected members individually. So I'd like to start with Peggy McMahon. If you would step forward. And if Judge Melton would join us. We're going to move through each of these ceremonies. At the conclusion, I'd ask each member to come and join us on the dais to be recognized. MELTON: Hi, (indiscernible). I, Peggy McMahon. Town of Fountain Hills DECEMBER 10, 2024, TOWN COUNCIL SPECIAL MEETING MINUTES Page 5 of 7 MCMAHON: I, Peggy McMahon. MELTON: Do solemnly swear. MCMAHON: Do solemnly swear. MELTON: That I will support (indiscernible). MCMAHON: That I will support the Constitution of the United States. MELTON: And the Constitution and laws (indiscernible). MCMAHON: And the Constitution and laws of the State of Arizona. MELTON: That I will bear true faith. MCMAHON: That I will bear true faith. MELTON: And allegiance to the same. MCMAHON: And allegiance to the same. MELTON: And defend them (indiscernible). MCMAHON: And defend them against all enemies. MELTON: Foreign and domestic. MCMAHON: Foreign and domestic. MELTON: And I will faithfully. MCMAHON: And I will faithfully. MELTON: And impartially. MCMAHON: And impartially. MELTON: Discharge the duties. MCMAHON: Discharge the duties. MELTON: Of the office of (indiscernible). MCMAHON: Of the office of Councilmember. MELTON: According to the best of my ability. MCMAHON: According to the best of my ability. MELTON: So help me, God. MCMAHON: So help me, God. MELTON: Congratulations. [APPLAUSE] Town of Fountain Hills DECEMBER 10, 2024, TOWN COUNCIL SPECIAL MEETING MINUTES Page 6 of 7 GOODWIN: All right. Next up, we have Rick Watts. MAYOR FRIEDEL: Rick. GOODWIN: Would you join us, please? MELTON: (Indiscernible). WATTS: I, Rick Watts. MELTON: (Indiscernible) United States. WATTS: Of the United States. MELTON: And the Constitution and laws. WATTS: And Constitution and laws. MELTON: Of the State of Arizona. WATTS: Of the State of Arizona. MELTON: And I will bear true faith. WATTS: And I will bear true faith. MELTON: And allegiance to the same. WATTS: And allegiance to the same. MELTON: And defend (indiscernible). WATTS: And defend them against all enemies. MELTON: Foreign and domestic. WATTS: Foreign and domestic. MELTON: And I will faithfully. WATTS: And I will faithfully. MELTON: And impartially. WATTS: And impartially. MELTON: Discharge the duties. WATTS: Discharge the duties. MELTON: (Indiscernible). WATTS: (Indiscernible) Councilmember. MELTON: (Indiscernible). WATTS: (Indiscernible). Town of Fountain Hills DECEMBER 10, 2024, TOWN COUNCIL SPECIAL MEETING MINUTES Page 7 of 7 [APPLAUSE] MAYOR FRIEDEL: (Indiscernible), yeah. And now, if our two newly-sworn-in councilmembers would like to share a few words with us? Peggy, you can go first if you want. MCMAHON: I'm good. MAYOR FRIEDEL: You're good? Okay. Rick? WATTS: I think what I want to impart as being a new councilmember is that I genuinely want to honor what I campaigned on, which is listening to all sides, finding common ground, working together when we agree on things as well as when we disagree on things, but listening openly, getting input from the residents as a whole so I can help facilitate solutions for the Town, remembering the whole time that 95 percent of the town is in pretty doggone good shape. We were left with something really special. I'd like to carry that on, continue it with the input of everybody, and that's my pledge is to listen to all. So thank you for your support. [APPLAUSE] MAYOR FRIEDEL: So that concludes our ceremony tonight, but I would like to invite everybody to a brief reception following the adjournment of the meeting right out in the hallway, if you would. Thank you. Yes, can we have a motion to adjourn? WATTS: I move to adjourn. TOTH: Second. MAYOR FRIEDEL: All in favor? ALL: Aye. Having no further business, Mayor Gerry M. Friedel adjourned the Special Meeting of the Fountain Hills Town Council held on December 10, 2024, at 5:13 p.m. TOWN OF FOUNTAIN HILLS _______________________ Gerry M. Friedel, Mayor ATTEST AND PREPARED BY: __________________________________ Kandace French Contreras, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 10th day of December 2024. I further certify that the meeting was duly called and that a quorum was present. DATED 21st day of January 2024. _________________________________ Kandace French Contreras, Town Clerk ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Paul Soldinger, Chief Financial Officer Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING and PRESENTATION on FY23 and FY24 Development Impact Fee Audit Report. Staff Summary (Background) ARS 9-463.05 (G)(2) requires a biennial audit of development fees and a public hearing on the audit. An audit was conducted by Willdan Financial Services for FY22-23 and FY23-24 and reviewed the land use assumptions, the infrastructure improvement plan as well as the level of service. No audit issues were found, and the conclusion was that the development impact fee collections and expenditures are consistent with the 10-year plan identified in the reports. Related Ordinance, Policy or Guiding Principle ARS 9-463.05(G)(2) Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION No Council action is required on this item. Attachments Report Presentation Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/09/2025 01:59 PM Interim Town Manager Angela Padgett-Espiritu 01/14/2025 07:46 AM Town Manager Rachael Goodwin 01/14/2025 02:41 PM Form Started By: Paul Soldinger Started On: 01/02/2025 09:31 AM Final Approval Date: 01/14/2025 Town of Fountain Hills, AZ Biennial Impact Fee Audit FY 2022-23 and FY 2023-24 Table of Contents Section 1 - Introduction ................................................................................................................................ 2 1.1. Introduction ....................................................................................................................................... 2 1.2. Organization of this Report ............................................................................................................... 2 1.3. Audit Approach ................................................................................................................................. 3 1.4. Audit Objectives ................................................................................................................................ 3 1.5. Audit Results ..................................................................................................................................... 4 1.6. Audit Limitations ............................................................................................................................... 4 Section 2 - Parks and Recreation ................................................................................................................. 6 2.1. Fee Development .............................................................................................................................. 6 2.2. Land Use Assumptions ...................................................................................................................... 6 2.3. Infrastructure Improvement Plan ..................................................................................................... 7 2.4. Level of Service .................................................................................................................................. 7 Section 3 - Fire and EMS ............................................................................................................................... 8 3.1. Fee Development .............................................................................................................................. 8 3.2. Land Use Assumptions ...................................................................................................................... 8 3.3. Level of Service .................................................................................................................................. 9 Section 4 - Streets ....................................................................................................................................... 10 4.1. Fee Development ............................................................................................................................ 10 4.2. Land Use Assumptions .................................................................................................................... 10 4.3. Level of Service ................................................................................................................................ 11 Section 5 - Permit Sampling ....................................................................................................................... 12 5.1. Sampling Results ............................................................................................................................. 12 Section 6 - Conclusions ............................................................................................................................... 13 6.1. Land Use Assumptions .................................................................................................................... 13 6.2. Infrastructure Improvement Plan ................................................................................................... 13 6.3. Level of Service ................................................................................................................................ 13 6.4. Final Conclusion............................................................................................................................... 13 Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 2 Section 1 - Introduction 1.1. Introduction Willdan Financial Services (“Willdan”) was retained by the Town of Fountain Hills, Arizona (“Fountain Hills”) to conduct a Biennial Development Impact Fee Audit (“Audit”) as required under Arizona Revised Statutes (ARS) 9-463.05. This report details the results of the Audit for the audited period fiscal year (FY) 2022-23 and FY 2023-24. 1.2. Organization of this Report This Audit presents a comparison of the development projections (land use assumptions); capital needs (infrastructure improvement plan); and the level of service (LOS) as identified in the January 21, 2020 Land Use Assumptions, Infrastructure Improvement Plan and Development Fee Report (2020 Report) to the development, capital expenditures and level of service experienced by Fountain Hills in FY 2022-23 and FY 2023-24. The report is organized as follows: • Section 1 - Introduction • Section 2 – Parks and Recreation • Section 3 – Fire and EMS • Section 4 – Streets • Section 5 – Permit Sampling • Section 6 – Conclusions and Recommendations The appendices to this report are as follows:  Appendix A - ARS§ 9-463.05 • Appendix B – Parks and Recreation Analysis  Appendix C – Fire and EMS Analysis  Appendix D – Streets Analysis  Appendix E – Permit Sampling Results Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 3 1.3. Audit Approach Willdan staff supporting the Audit meet the definition of “Qualified Professional” as set forth in ARS§ 9- 463.05(T)(8). Consistent with the requirements of ARS§ 9-463.05(G)(2), Willdan audit staff were neither employees or officials of Fountain Hills nor did they prepare the infrastructure improvement plans (IIPs)1. Audit activities consisted solely of document review and discussions with Fountain Hills staff via email and teleconference. Audit activities did not include site visits, first-hand data collection, or independent verification of data submitted by Fountain Hills. In particular, in support of this audit, Willdan: a) Reviewed IIP forecast and actual expenditures. b) Reviewed LUA forecasted and actual developments. c) Reviewed LOS at two points in time: time of the initial study and the audit timeframe. d) Permit data for purposes of sampling to verify the accuracy of the application of the fees. 1.4. Audit Objectives The primary objectives of the Audit were to: a) Audit Fountain Hills Biennial Development Impact Fees for the periods FY 2022-23 and FY 2023- 24; b) Comply with ARS§ 9-463.05 by: i. Reviewing the progress of anticipated development as identified in the LUA; ii. Reviewing the progress of the infrastructure improvements plan; iii. Reviewing collections and expenditures of development impact fees for each project in the plan; and iv. Evaluating any inequities in implementing the plan or imposing the development impact fees. 1 Fountain Hills Development Impact Fees report: Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee report was prepared by TischlerBise January 21, 2020. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 4 1.5. Audit Results Based on Willdan’s scope of services performed as part of this Audit as documented in this Report, the results of this audit follow. a) Fountain Hills Biennial Development Impact Fees for the periods FY 2022-23 and FY 2023-24 comply with ARS§ 9-463.05 as further discussed in sections two through four; b) With respect to ARS§ 9-463.05 compliance: i. Willdan’s review of the progress of the LUA, identified minor differences between projected and actual development, but anticipates the development over the most recent 10-year study period will not significantly vary from projections. The audit of the LUA are further discussed in sections two through four; ii. Willdan’s review of collections and expenditures of the development impact fees for each project in the plan, indicate that no ineligible expenditures were made with development impact fee funds during the study period, as further discussed in sections two through four; and iii. Willdan’s evaluation of any inequities in implementing the plan or imposing the development impact fees indicates that the fees were assessed in an appropriate manner based upon the size and type of the development as further discussed in section five. 1.6. Audit Limitations Willdan’s role in this Audit was solely that of third-party independent auditor. The results presented in this Audit Report are predicated upon information provided by Fountain Hills and representations made by Fountain Hills personnel. Willdan made reasonable efforts given the nature of this audit to assess the reasonableness of such representations. However, Willdan has no means to determine the extent to which material facts concerning information provided have been fully and accurately disclosed, nor is this a forensic audit. All findings in this report are based solely on Willdan’s review of materials furnished by Fountain Hills as identified or publicly available information as cited as well as information obtained by Willdan through emails and meetings with key Fountain Hills staff involved in this audit. Review of additional documentation or disclosure or discovery of material facts could change the findings cited in this Report. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 5 This report documents the audit for the sole purpose of demonstrating compliance with the requirements of ARS§ 9-463.05(G)(2); no other use is expressed or implied. Nothing in this report can be considered a legal opinion. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 6 Section 2 - Parks and Recreation 2.1. Fee Development The 2020 Report calculated investment to serve new development at $2,212,915. The investments equated to the fees as identified in Table 2-1. Table 2-1 Parks and Recreation Development Impact Fees Single Family (per Dwelling Unit) Multifamily (per Dwelling Unit) Industrial (per 1,000 sq ft) Commercial (per 1,000 sq ft) Institutional (per 1,000 sq ft) Office (per 1,000 sq ft) $1,916 $1,479 $560 $810 $320 $1,030 2.2. Land Use Assumptions The biennial audit requires an audit of the anticipated growth projections that were adopted in the Fountain Hills land use assumptions (LUA) as compared to the growth by development type that was actually experienced. Table 2-2 summarizes the projected development in the 2020 Report and the actual development that was experienced by Fountain Hills in FY 2022-23 and FY 2023-24. Table 2-2 Projected versus Actual Development Single Family (Dwelling Units) Multifamily (Dwelling Units) Industrial (1,000 sq ft) Commercial (1,000 sq ft) Institutional (1,000 sq ft) Office (1,000 sq ft) FY 2022-23 Actual 72 0 76.09 0.00 0.00 0.00 Projected 67 38 2.00 19.00 12.00 6.00 Difference 5 (38) 74.09 (19.00) (12.00) (6.00) FY 2023-24 Actual 53 8 0.00 0.00 26.01 2.51 Projected 67 39 1.00 20.00 12.00 6.00 Difference (14) (31) (1.00) (20.00) 14.01 (3.49) As indicated in Table 2-2, the actual development for FY 2022-23 Single family dwelling units and industrial development exceeded projections while all other development fell short of projections. For FY 2023-24 all development fell short of projections with the exception of institutional which exceeded projections. As is often the case in the development of financial plans, utility rate studies and impact fee studies, the data that is used for projection purposes are based on the best available data at the time and will be updated over time. The actual development identified in Table 2-2 represent a “snapshot” in time. Land use assumptions are developed for a ten-year planning horizon not a specific point in time. As such the projections over the 10-year study period (identified in the 2020 Report) are still valid and the Town will continue to monitor growth and make adjustments as appropriate. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 7 2.3. Infrastructure Improvement Plan The 2020 Report identified the parks and recreation IIP of $2,212,915, with projected capital expenditures between FY 2022-23 and FY 2023-24 estimated at $423,937 based on anticipated development. Between FY 2022-23 and FY 2023-24 Fountain Hills generated $307,096 in parks and recreation development impact fee revenues and $109,086 in interest income. There was $275,000 in expenditures of parks and recreation development impact fees generated from the fees during the FY 2022-23 through FY 2023-24 period. Expenditures were on a skate/bike park expansion. 2.4. Level of Service Level of service projections are intended to ensure that new development is only being asked to pay for facilities or capital needs at the same level as is currently being experienced by existing Fountain Hills development and are not being asked to increase the overall level of service, without a corresponding funding source from existing development to increase their level of service. The 2020 Report identified additional parks and amenities to be acquired based on incremental development during the 10-year study period. As noted in Section 2.3, $275,000 in expenditures were made on parks or amenities during the 2-years examined in this audit. During the study period, there will be times of increased level of service and times of a lower level of service compared to the 2020 Report identified level of service, based on when facilities are constructed or acquired in relation to the amount of new development that has occurred. The IIP identified the need for additional park facilities to meet the level of service needs based on the anticipated population growth through the study periods. Based on the actual development that occurred and the calculated investments per dwelling unit, the Town should have invested $329,056 in capital. Since actual expenditures were less than what was anticipated based on projected development, there will be a decrease in the overall level of service. Staff continuously monitors the level of service with the overall objective of achieving the designated level of service at the end of the 10-year study period identified in the 2020 Report. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 8 Section 3 - Fire and EMS 3.1. Fee Development The 2020 Report identified growth-related costs of $159,098 throughout the 10-year study period. The investments equated to the fees per unit as identified in Table 3-1. Table 3-1 Fire and EMS Development Impact Fees Single Family (per Dwelling Unit) Multifamily (per Dwelling Unit) Industrial (per 1,000 sq ft) Commercial (per 1,000 sq ft) Institutional (per 1,000 sq ft) Office (per 1,000 sq ft) $122 $94 $100 $140 $60 $180 3.2. Land Use Assumptions The biennial audit requires an audit of the anticipated growth projections that were adopted in Fountain Hills LUAs as compared to the growth by development type that was actually experienced. Table 3-2 summarizes the projected development in the 2020 Report and the actual development that was experienced by Fountain Hills in FY 2022-23 and FY 2023-24. Table 3-2 Projected versus Actual Development Single Family (Dwelling Units) Multifamily (Dwelling Units) Industrial (1,000 sq ft) Commercial (1,000 sq ft) Institutional (1,000 sq ft) Office (1,000 sq ft) FY 2022-23 Actual 72 0 76.09 0.00 0.00 0.00 Projected 67 38 2.00 19.00 12.00 6.00 Difference 5 (38) 74.09 (19.00) (12.00) (6.00) FY 2023-24 Actual 53 8 0.00 0.00 26.01 2.51 Projected 67 39 1.00 20.00 12.00 6.00 Difference (14) (31) (1.00) (20.00) 14.01 (3.49) As indicated in Table 3-2, the actual development for FY 2022-23 Single family dwelling units exceeded projections by 5 units and industrial development exceeded projections by 74.09 units (thousands of square feet). For FY 2023-24 all land use classifications fell short of projections with the exception of the institutional classification. As is often the case in the development of financial plans, utility rate studies and impact fee studies, the data that is used for projection purposes are based on the best available data at the time and will be updated over time. The actual development identified in Table 2-2 represent a “snapshot” in time. Land use assumptions are developed for a ten-year planning horizon not a specific point in time. As such the projections over the 10-year study period (identified in the 2020 Report) are still valid and the Town will continue to monitor growth and make adjustments as appropriate. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 9 Infrastructure Improvement Plan The 2020 Report identified growth related IIP costs of $32,946 based on anticipated development between FY 2022-23 and FY 2023-24. Between FY 2022-23 and FY 2023-24 Fountain Hills generated $25,764 in fire and EMS development impact fee revenues and $34,936 in interest earnings. There were expenditures of $245,884 from fire and EMS development impact fees during the FY 2022-23 through FY 2023-24 period. The expenditures were on dispatch telecommunications equipment. 3.3. Level of Service Level of service projections are intended to ensure that new development is only being asked to pay for facilities or capital needs at the same level as is currently being experienced by existing Fountain Hills development and are not being asked to increase the overall level of service, without a corresponding funding source from existing development to increase their level of service. The projected capital expenditures were anticipated based on growth. The expenditures were derived using fractional units, for example 0.00017 units of fire apparatus per person. The Town cannot purchase 0.00017 units of fire apparatus based on 1 new resident. It is therefore necessary to take a broader view of capital expenditures and development and match new development and capital expenditures over the entire study period. It is recommended that staff continuously monitor the level of service with the overall objective of achieving the designated level of service at the end of the 10-year study period identified in the 2020 Report. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 10 Section 4 - Streets 4.1. Fee Development The streets development impact fee from the 2020 report was based on incremental growth-related needs of $2,657,140. The investments equated to the fees per unit as identified in Table 4-1. Table 4-1 Streets Development Impact Fees Single Family (per Dwelling Unit) Multifamily (per Dwelling Unit) Industrial (per 1,000 sq ft) Commercial (per 1,000 sq ft) Institutional (per 1,000 sq ft) Office (per 1,000 sq ft) $1,935 $964 $630 $2,860 $2,480 $1,240 4.2. Land Use Assumptions The biennial audit requires an audit of the anticipated growth projections that were adopted in Fountain Hills LUA as compared to the growth by development type that was actually experienced and were assessed the streets development impact fee. Table 4-2 summarizes the projected development in the 2020 Report and the actual development that was experienced by Fountain Hills in FY 2022-23 and FY 2023-24. Table 4-2 Projected versus Actual Development Single Family (Dwelling Units) Multifamily (Dwelling Units) Industrial (1,000 sq ft) Commercial (1,000 sq ft) Institutional (1,000 sq ft) Office (1,000 sq ft) FY 2022-23 Actual 72 0 76.09 0.00 0.00 0.00 Projected 67 38 2.00 19.00 12.00 6.00 Difference 5 (38) 74.09 (19.00) (12.00) (6.00) FY 2023-24 Actual 53 8 0.00 0.00 26.01 2.51 Projected 67 39 1.00 20.00 12.00 6.00 Difference (14) (31) (1.00) (20.00) 14.01 (3.49) As indicated in Table 4-2, the actual development for FY 2022-23 Single family dwelling units and industrial development exceeded projections while all other development fell short of projections. For FY 2023-24 all development fell short of projections with the exception of institutional which exceeded projections. As is often the case in the development of financial plans, utility rate studies and impact fee studies, the data that is used for projection purposes are based on the best available data at the time and will be updated over time. The actual development identified in Table 4-2 represent a “snapshot” in time. Land use assumptions are developed for a ten-year planning horizon not a specific point in time. As such the projections over the 10-year study period (identified in the 2020 Report) are still valid and the Town will continue to monitor growth and make adjustments as appropriate. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 11 Infrastructure Improvement Plan The 2020 Report identified growth-related IIP costs of $521,348 for FY 2022-23 and FY 2023-24 based on projected development. In FY 2022-23 and FY 2023-24, Fountain Hills generated $371,851 in streets development impact fee revenues and $46,795 in interest earnings. There were no expenditures made in the years being audited. As discussed previously, the development projections are not anticipated to occur as originally projected. The IIP was based on the anticipated, therefore as development changes so too does the timing of capital expenditures. However, with new development the 2020 Report would have anticipated matching capital expenditures, and those expenditures did not occur. 4.3. Level of Service Level of service projections are intended to ensure that new development is only being asked to pay for facilities or capital needs at the same level as is currently being experienced by existing Fountain Hills development and are not being asked to increase the overall level of service, without a corresponding funding source from existing development to increase their level of service. The projected capital expenditures included 2.30 new miles of streets of the widening of Shea Boulevard as well as intersection improvements. Shea Boulevard was not widened using development impact fees as a funding source, nor were development impact fees used to improve intersections. As such, during the audit period, the overall level of service in the Town will decrease (new development occurred but there was not a matching increase in streets expenditures). The intent is to maintain the existing level of service by the end of the study period, recognizing that there will be times of higher and lower levels of service throughout the study period. It is recommended that staff continuously monitor the level of service with the overall objective of achieving the designated level of service at the end of the 10-year study period identified in the 2020 Report. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 12 Section 5 - Permit Sampling 5.1. Sampling Results As part of the audit process Willdan took a sample of residential (20) permits and non-residential (6) permits that were issued between FY 2022-23 and FY 2023-24. The purpose of the sampling was to identify any instances where the fee that was assessed to the development varied from the fee that should have been assessed based on a per dwelling unit or square footage of development basis. Our sampling review did not identify any developments that were assessed incorrect development impact fees. Development Impact Fee Biennial Audit Final Report December 6, 2024 P a g e | 13 Section 6 - Conclusions 6.1. Land Use Assumptions Willdan conducted an audit of Fountain Hills’s actual development projections for FY 2022-23 and FY 2023-24 and compared the actual new development with the development projections in the 2020 Report. While there were variances between what had been originally projected and what actually occurred, the original projections were based on the best available data at the time of the study and will be in flux over the 10-year study period. 6.2. Infrastructure Improvement Plan We reviewed the projects that were included in the 2020 Report. As was the case with the LUA, the IIP was developed based on the best available information at the time of the analysis, and the actual expenditures differed from what was projected. While there were differences between the projected IIPs and what actually occurred, it is important to note that in many cases, the IIPs identified the need for capital over the entire study period time horizon and not necessarily in a specific year. As such, the completion of projects should be viewed through a longer (the entire study period horizon) rather than a more focused view on one or two specific years. 6.3. Level of Service The level of service for a given fee area is in flux over time and will change as new projects are incorporated into Fountain Hills existing facilities and networks or as development within Fountain Hills changes. As the Town did experience new development during the audit period but did not expand facilities at the levels identified in the 2020 Report. Therefore there will be an overall decrease in the level of service during the audit period. We recommend that the Town closely monitor the level of service in the future in adhering to the level of service for the 10-year study period identified in the 2020 Report and make adjustments to the IIP as appropriate. 6.4. Final Conclusion It is our opinion that Fountain Hills’s development, development impact fee collections and expenditures are consistent with the 10-year plans identified in the 2020 Report and is consistent with ARS§ 9-463.05. APPENDIX A ARS §9-463.05 9-463.05. Development fees; imposition by cities and towns; infrastructure improvements plan; annual report; advisory committee; limitation on actions; definitions A. A municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvements plan. B. Development fees assessed by a municipality under this section are subject to the following requirements: 1. Development fees shall result in a beneficial use to the development. 2. The municipality shall calculate the development fee based on the infrastructure improvements plan adopted pursuant to this section. 3. The development fee shall not exceed a proportionate share of the cost of necessary public services, based on service units, needed to provide necessary public services to the development. 4. Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the service area. 5. Development fees may not be used for any of the following: (a) Construction, acquisition or expansion of public facilities or assets other than necessary public services or facility expansions identified in the infrastructure improvements plan. (b) Repair, operation or maintenance of existing or new necessary public services or facility expansions. (c) Upgrading, updating, expanding, correcting or replacing existing necessary public services to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards. (d) Upgrading, updating, expanding, correcting or replacing existing necessary public services to provide a higher level of service to existing development. (e) Administrative, maintenance or operating costs of the municipality. 6. Any development for which a development fee has been paid is entitled to the use and benefit of the services for which the fee was imposed and is entitled to receive immediate service from any existing facility with available capacity to serve the new service units if the available capacity has not been reserved or pledged in connection with the construction or financing of the facility. 7. Development fees may be collected if any of the following occurs: (a) The collection is made to pay for a necessary public service or facility expansion that is identified in the infrastructure improvements plan and the municipality plans to complete construction and to have the service available within the time period established in the infrastructure improvement plan, but in no event longer than the time period provided in subsection H, paragraph 3 of this section. (b) The municipality reserves in the infrastructure improvements plan adopted pursuant to this section or otherwise agrees to reserve capacity to serve future development. ARS 9-463.05 A-1 (c) The municipality requires or agrees to allow the owner of a development to construct or finance the necessary public service or facility expansion and any of the following apply: i. The costs incurred or money advanced are credited against or reimbursed from the development fees otherwise due from a development. ii. The municipality reimburses the owner for those costs from the development fees paid from all developments that will use those necessary public services or facility expansions. iii. For those costs incurred the municipality allows the owner to assign the credits or reimbursement rights from the development fees otherwise due from a development to other developments for the same category of necessary public services in the same service area. 8. Projected interest charges and other finance costs may be included in determining the amount of development fees only if the monies are used for the payment of principal and interest on the portion of the bonds, notes or other obligations issued to finance construction of necessary public services or facility expansions identified in the infrastructure improvements plan. 9. Monies received from development fees assessed pursuant to this section shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section. Monies received from a development fee identified in an infrastructure improvements plan adopted or updated pursuant to subsection D of this section shall be used to provide the same category of necessary public services or facility expansions for which the development fee was assessed and for the benefit of the same service area, as defined in the infrastructure improvements plan, in which the development fee was assessed. Interest earned on monies in the separate fund shall be credited to the fund. 10. The schedule for payment of fees shall be provided by the municipality. Based on the cost identified in the infrastructure improvements plan, the municipality shall provide a credit toward the payment of a development fee for the required or agreed to dedication of public sites, improvements and other necessary public services or facility expansions included in the infrastructure improvements plan and for which a development fee is assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer. The developer of residential dwelling units shall be required to pay development fees when construction permits for the dwelling units are issued, or at a later time if specified in a development agreement pursuant to section 9-500.05. If a development agreement provides for fees to be paid at a time later than the issuance of construction permits, the deferred fees shall be paid no later than fifteen days after the issuance of a certificate of occupancy. The development agreement shall provide for the value of any deferred fees to be supported by appropriate security, including a surety bond, letter of credit or cash bond. 11. If a municipality requires as a condition of development approval the construction or improvement of, contributions to or dedication of any facilities that were not included in a previously adopted infrastructure improvements plan, the municipality shall cause the infrastructure improvements plan to be amended to include the facilities and shall provide a credit toward the payment of a ARS 9-463.05 A-2 development fee for the construction, improvement, contribution or dedication of the facilities to the extent that the facilities will substitute for or otherwise reduce the need for other similar facilities in the infrastructure improvements plan for which development fees were assessed. 12. The municipality shall forecast the contribution to be made in the future in cash or by taxes, fees, assessments or other sources of revenue derived from the property owner towards the capital costs of the necessary public service covered by the development fee and shall include these contributions in determining the extent of the burden imposed by the development. Beginning August 1, 2014, for purposes of calculating the required offset to development fees pursuant to this subsection, if a municipality imposes a construction contracting or similar excise tax rate in excess of the percentage amount of the transaction privilege tax rate imposed on the majority of other transaction privilege tax classifications, the entire excess portion of the construction contracting or similar excise tax shall be treated as a contribution to the capital costs of necessary public services provided to development for which development fees are assessed, unless the excess portion was already taken into account for such purpose pursuant to this subsection. 13. If development fees are assessed by a municipality, the fees shall be assessed against commercial, residential and industrial development, except that the municipality may distinguish between different categories of residential, commercial and industrial development in assessing the costs to the municipality of providing necessary public services to new development and in determining the amount of the development fee applicable to the category of development. If a municipality agrees to waive any of the development fees assessed on a development, the municipality shall reimburse the appropriate development fee accounts for the amount that was waived. The municipality shall provide notice of any such waiver to the advisory committee established pursuant to subsection G of this section within thirty days. 14. In determining and assessing a development fee applying to land in a community facilities district established under title 48, chapter 4, article 6, the municipality shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and shall not assess a portion of the development fee based on the infrastructure or costs. C. A municipality shall give at least thirty days' advance notice of intention to assess a development fee and shall release to the public and post on its website or the website of an association of cities and towns if a municipality does not have a website a written report of the land use assumptions and infrastructure improvements plan adopted pursuant to subsection D of this section. The municipality shall conduct a public hearing on the proposed development fee at any time after the expiration of the thirty day notice of intention to assess a development fee and at least thirty days before the scheduled date of adoption of the fee by the governing body. Within sixty days after the date of the public hearing on the proposed development fee, a municipality shall approve or disapprove the imposition of the development fee. A municipality shall not adopt an ordinance, order or resolution approving a development fee as an emergency measure. A development fee assessed pursuant to this section shall not be effective until seventy-five days after its formal adoption by the governing body of the municipality. Nothing in this subsection shall affect any development fee adopted before July 24, 1982. ARS 9-463.05 A-3 D. Before the adoption or amendment of a development fee, the governing body of the municipality shall adopt or update the land use assumptions and infrastructure improvements plan for the designated service area. The municipality shall conduct a public hearing on the land use assumptions and infrastructure improvements plan at least thirty days before the adoption or update of the plan. The municipality shall release the plan to the public, post the plan on its website or the website of an association of cities and towns if the municipality does not have a website, including in the posting its land use assumptions, the time period of the projections, a description of the necessary public services included in the infrastructure improvements plan and a map of the service area to which the land use assumptions apply, make available to the public the documents used to prepare the assumptions and plan and provide public notice at least sixty days before the public hearing, subject to the following: 1. The land use assumptions and infrastructure improvements plan shall be approved or disapproved within sixty days after the public hearing on the land use assumptions and infrastructure improvements plan and at least thirty days before the public hearing on the report required by subsection C of this section. A municipality shall not adopt an ordinance, order or resolution approving the land use assumptions or infrastructure improvements plan as an emergency measure. 2. An infrastructure improvements plan shall be developed by qualified professionals using generally accepted engineering and planning practices pursuant to subsection E of this section. 3. A municipality shall update the land use assumptions and infrastructure improvements plan at least every five years. The initial five year period begins on the day the infrastructure improvements plan is adopted. The municipality shall review and evaluate its current land use assumptions and shall cause an update of the infrastructure improvements plan to be prepared pursuant to this section. 4. Within sixty days after completion of the updated land use assumptions and infrastructure improvements plan, the municipality shall schedule and provide notice of a public hearing to discuss and review the update and shall determine whether to amend the assumptions and plan. 5. A municipality shall hold a public hearing to discuss the proposed amendments to the land use assumptions, the infrastructure improvements plan or the development fee. The land use assumptions and the infrastructure improvements plan, including the amount of any proposed changes to the development fee per service unit, shall be made available to the public on or before the date of the first publication of the notice of the hearing on the amendments. 6. The notice and hearing procedures prescribed in paragraph 1 of this subsection apply to a hearing on the amendment of land use assumptions, an infrastructure improvements plan or a development fee. Within sixty days after the date of the public hearing on the amendments, a municipality shall approve or disapprove the amendments to the land use assumptions, infrastructure improvements plan or development fee. A municipality shall not adopt an ordinance, order or resolution approving the amended land use assumptions, infrastructure improvements plan or development fee as an emergency measure. 7. The advisory committee established under subsection G of this section shall file its written comments on any proposed or updated land use assumptions, infrastructure improvements plan and development fees before the fifth business ARS 9-463.05 A-4 day before the date of the public hearing on the proposed or updated assumptions, plan and fees. 8. If, at the time an update as prescribed in paragraph 3 of this subsection is required, the municipality determines that no changes to the land use assumptions, infrastructure improvements plan or development fees are needed, the municipality may as an alternative to the updating requirements of this subsection publish notice of its determination on its website and include the following: (a) A statement that the municipality has determined that no change to the land use assumptions, infrastructure improvements plan or development fee is necessary. (b) A description and map of the service area in which an update has been determined to be unnecessary. (c) A statement that by a specified date, which shall be at least sixty days after the date of publication of the first notice, a person may make a written request to the municipality requesting that the land use assumptions, infrastructure improvements plan or development fee be updated. (d) A statement identifying the person or entity to whom the written request for an update should be sent. 9. If, by the date specified pursuant to paragraph 8 of this subsection, a person requests in writing that the land use assumptions, infrastructure improvements plan or development fee be updated, the municipality shall cause, accept or reject an update of the assumptions and plan to be prepared pursuant to this subsection. 10. Notwithstanding the notice and hearing requirements for adoption of an infrastructure improvements plan, a municipality may amend an infrastructure improvements plan adopted pursuant to this section without a public hearing if the amendment addresses only elements of necessary public services in the existing infrastructure improvements plan and the changes to the plan will not, individually or cumulatively with other amendments adopted pursuant to this subsection, increase the level of service in the service area or cause a development fee increase of greater than five per cent when a new or modified development fee is assessed pursuant to this section. The municipality shall provide notice of any such amendment at least thirty days before adoption, shall post the amendment on its website or on the website of an association of cities and towns if the municipality does not have a website and shall provide notice to the advisory committee established pursuant to subsection G of this section that the amendment complies with this subsection. E. For each necessary public service that is the subject of a development fee, the infrastructure improvements plan shall include: 1. A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable. 2. An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable. ARS 9-463.05 A-5 3. A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to development in the service area based on the approved land use assumptions, including a forecast of the costs of infrastructure, improvements, real property, financing, engineering and architectural services, which shall be prepared by qualified professionals licensed in this state, as applicable. 4. A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial. 5. The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria. 6. The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years. 7. A forecast of revenues generated by new service units other than development fees, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section. F. A municipality's development fee ordinance shall provide that a new development fee or an increased portion of a modified development fee shall not be assessed against a development for twenty-four months after the date that the municipality issues the final approval for a commercial, industrial or multifamily development or the date that the first building permit is issued for a residential development pursuant to an approved site plan or subdivision plat, provided that no subsequent changes are made to the approved site plan or subdivision plat that would increase the number of service units. If the number of service units increases, the new or increased portion of a modified development fee shall be limited to the amount attributable to the additional service units. The twenty-four month period shall not be extended by a renewal or amendment of the site plan or the final subdivision plat that was the subject of the final approval. The municipality shall issue, on request, a written statement of the development fee schedule applicable to the development. If, after the date of the municipality's final approval of a development, the municipality reduces the development fee assessed on development, the reduced fee shall apply to the development. G. A municipality shall do one of the following: 1. Before the adoption of proposed or updated land use assumptions, infrastructure improvements plan and development fees as prescribed in subsection D of this section, the municipality shall appoint an infrastructure improvements advisory committee, subject to the following requirements: (a) The advisory committee shall be composed of at least five members who are appointed by the governing body of the municipality. At least fifty per cent of the members of the advisory committee must be representatives of the real ARS 9-463.05 A-6 estate, development or building industries, of which at least one member of the committee must be from the home building industry. Members shall not be employees or officials of the municipality. (b) The advisory committee shall serve in an advisory capacity and shall: i. Advise the municipality in adopting land use assumptions and in determining whether the assumptions are in conformance with the general plan of the municipality. ii. Review the infrastructure improvements plan and file written comments. iii. Monitor and evaluate implementation of the infrastructure improvements plan. iv. Every year file reports with respect to the progress of the infrastructure improvements plan and the collection and expenditures of development fees and report to the municipality any perceived inequities in implementing the plan or imposing the development fee. v. Advise the municipality of the need to update or revise the land use assumptions, infrastructure improvements plan and development fee. (c) The municipality shall make available to the advisory committee any professional reports with respect to developing and implementing the infrastructure improvements plan. (d) The municipality shall adopt procedural rules for the advisory committee to follow in carrying out the committee’s duties. 2. In lieu of creating an advisory committee pursuant to paragraph 1 of this subsection, provide for a biennial certified audit of the municipality's land use assumptions, infrastructure improvements plan and development fees. An audit pursuant to this paragraph shall be conducted by one or more qualified professionals who are not employees or officials of the municipality and who did not prepare the infrastructure improvements plan. The audit shall review the progress of the infrastructure improvements plan, including the collection and expenditures of development fees for each project in the plan, and evaluate any inequities in implementing the plan or imposing the development fee. The municipality shall post the findings of the audit on the municipality's website or the website of an association of cities and towns if the municipality does not have a website and shall conduct a public hearing on the audit within sixty days of the release of the audit to the public. H. On written request, an owner of real property for which a development fee has been paid after July 31, 2014 is entitled to a refund of a development fee or any part of a development fee if: 1. Pursuant to subsection B, paragraph 6 of this section, existing facilities are available and service is not provided. 2. The municipality has, after collecting the fee to construct a facility when service is not available, failed to complete construction within the time period identified in the infrastructure improvements plan, but in no event later than the time period specified in paragraph 3 of this subsection. 3. For a development fee other than a development fee for water or wastewater facilities, any part of the development fee is not spent as authorized by this section within ten years after the fee has been paid or, for a development fee for water or ARS 9-463.05 A-7 wastewater facilities, any part of the development fee is not spent as authorized by this section within fifteen years after the fee has been paid. I. If the development fee was collected for the construction of all or a portion of a specific item of infrastructure, and on completion of the infrastructure the municipality determines that the actual cost of construction was less than the forecasted cost of construction on which the development fee was based and the difference between the actual and estimated cost is greater than ten per cent, the current owner may receive a refund of the portion of the development fee equal to the difference between the development fee paid and the development fee that would have been due if the development fee had been calculated at the actual construction cost. J. A refund shall include any interest earned by the municipality from the date of collection to the date of refund on the amount of the refunded fee. All refunds shall be made to the record owner of the property at the time the refund is paid. If the development fee is paid by a governmental entity, the refund shall be paid to the governmental entity. K. A development fee that was adopted before January 1, 2012 may continue to be assessed only to the extent that it will be used to provide a necessary public service for which development fees can be assessed pursuant to this section and shall be replaced by a development fee imposed under this section on or before August 1, 2014. Any municipality having a development fee that has not been replaced under this section on or before August 1, 2014 shall not collect development fees until the development fee has been replaced with a fee that complies with this section. Any development fee monies collected before January 1, 2012 remaining in a development fee account: 1. Shall be used towards the same category of necessary public services as authorized by this section. 2. If development fees were collected for a purpose not authorized by this section, shall be used for the purpose for which they were collected on or before January 1, 2020, and after which, if not spent, shall be distributed equally among the categories of necessary public services authorized by this section. L. A moratorium shall not be placed on development for the sole purpose of awaiting completion of all or any part of the process necessary to develop, adopt or update development fees. M. In any judicial action interpreting this section, all powers conferred on municipal governments in this section shall be narrowly construed to ensure that development fees are not used to impose on new residents a burden all taxpayers of a municipality should bear equally. N. Each municipality that assesses development fees shall submit an annual report accounting for the collection and use of the fees for each service area. The annual report shall include the following: 1. The amount assessed by the municipality for each type of development fee. 2. The balance of each fund maintained for each type of development fee assessed as of the beginning and end of the fiscal year. 3. The amount of interest or other earnings on the monies in each fund as of the end of the fiscal year. ARS 9-463.05 A-8 4. The amount of development fee monies used to repay: (a) Bonds issued by the municipality to pay the cost of a capital improvement project that is the subject of a development fee assessment, including the amount needed to repay the debt service obligations on each facility for which development fees have been identified as the source of funding and the time frames in which the debt service will be repaid. (b) Monies advanced by the municipality from funds other than the funds established for development fees in order to pay the cost of a capital improvement project that is the subject of a development fee assessment, the total amount advanced by the municipality for each facility, the source of the monies advanced and the terms under which the monies will be repaid to the municipality. 5. The amount of development fee monies spent on each capital improvement project that is the subject of a development fee assessment and the physical location of each capital improvement project. 6. The amount of development fee monies spent for each purpose other than a capital improvement project that is the subject of a development fee assessment. O. Within ninety days following the end of each fiscal year, each municipality shall submit a copy of the annual report to the city clerk and post the report on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. Copies shall be made available to the public on request. The annual report may contain financial information that has not been audited. P. A municipality that fails to file the report and post the report on the municipality's website or the website of an association of cities and towns if the municipality does not have a website as required by this section shall not collect development fees until the report is filed and posted. Q. Any action to collect a development fee shall be commenced within two years after the obligation to pay the fee accrues. R. A municipality may continue to assess a development fee adopted before January 1, 2012 for any facility that was financed before June 1, 2011 if: 1. Development fees were pledged to repay debt service obligations related to the construction of the facility. 2. After August 1, 2014, any development fees collected under this subsection are used solely for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued before June 1, 2011 to finance construction of the facility. S. Through August 1, 2014, a development fee adopted before January 1, 2012 may be used to finance construction of a facility and may be pledged to repay debt service obligations if: 1. The facility that is being financed is a facility that is described under subsection T, paragraph 7, subdivisions (a) through (g) of this section. 2. The facility was included in an infrastructure improvements plan adopted before June 1, 2011. 3. The development fees are used for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued to finance ARS 9-463.05 A-9 construction of the necessary public services or facility expansions identified in the infrastructure improvement plan. T. For the purposes of this section: 1. "Dedication" means the actual conveyance date or the date an improvement, facility or real or personal property is placed into service, whichever occurs first. 2. "Development" means: (a) The subdivision of land. (b) The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that adds or increases the number of service units. (c) Any use or extension of the use of land that increases the number of service units. 3. "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise new necessary public service in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development. 4. "Final approval" means: (a) For a nonresidential or multifamily development, the approval of a site plan or, if no site plan is submitted for the development, the approval of a final subdivision plat. (b) For a single family residential development, the approval of a final subdivision plat. 5. "Infrastructure improvements plan" means a written plan that identifies each necessary public service or facility expansion that is proposed to be the subject of a development fee and otherwise complies with the requirements of this section, and may be the municipality's capital improvements plan. 6. "Land use assumptions" means projections of changes in land uses, densities, intensities and population for a specified service area over a period of at least ten years and pursuant to the general plan of the municipality. 7. "Necessary public service" means any of the following facilities that have a life expectancy of three or more years and that are owned and operated by or on behalf of the municipality: (a) Water facilities, including the supply, transportation, treatment, purification and distribution of water, and any appurtenances for those facilities. (b) Wastewater facilities, including collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities. (c) Storm water, drainage and flood control facilities, including any appurtenances for those facilities. (d) Library facilities of up to ten thousand square feet that provide a direct benefit to development, not including equipment, vehicles or appurtenances. (e) Street facilities located in the service area, including arterial or collector streets or roads that have been designated on an officially adopted plan of the municipality, traffic signals and rights-of-way and improvements thereon. ARS 9-463.05 A-10 (f) Fire and police facilities, including all appurtenances, equipment and vehicles. Fire and police facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the municipality, vehicles and equipment used to provide administrative services, helicopters or airplanes or a facility that is used for training firefighters or officers from more than one station or substation. (g) Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development. Park and recreational facilities do not include vehicles, equipment or that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools. (h) Any facility that was financed and that meets all of the requirements prescribed in subsection R of this section. 8. "Qualified professional" means a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person's license, education or experience. 9. "Service area" means any specified area within the boundaries of a municipality in which development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the infrastructure improvements plan. 10. "Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions. ARS 9-463.05 A-11 APPENDIX B Parks and Recreation FY 2022-23 FY 2023-24 Total Actual Development FY 2022-23 FY 2023-24 Total Revenues Single Family (1)72 53 125 Impact Fees $174,811 $132,285 $307,096 Multifamily (1)0 8 8 Interest Income 42,277 66,809 109,086 Industrial (2)76.09 0.00 76.09 Total Revenues 217,088 199,094 416,182 Commercial (2)0.00 0.00 0.00 Institutional (2)0.00 26.01 26.01 Expenditures Office (2)0.00 2.51 2.51 Capital Expenditures 0 275,000 275,000 Professional Fees 0 0 0 Projected Development Interest Expense 0 0 0 Single Family (1)67 67 134 Debt Service 0 0 0 Multifamily (1)38 39 77 Total Expenditures 0 275,000 275,000 Industrial (2)2.00 1.00 3.00 Commercial (2)19.00 20.00 39.00 IIP Projects Institutional (2)12.00 12.00 24.00 Incremental Expenditures (1)$211,104 $212,833 $423,937 Office (2)6.00 6.00 12.00 Actual Projects (1) Dwelling units Community Services Master Plan 0 0 0 (2) 1,000 Square feet Skate/Bike Park Expansion 0 275,000 275,000 Splash Pad Renovation 0 0 0 Total Actual Projects 0 275,000 275,000 (1) No specific projects were identified in the IIP, but rather anticipated expenditures based on anticipated development Parks and Recreation Parks and Recreation Parks and Recreation B-1 APPENDIX C Fire and EMS FY 2022-23 FY 2023-24 Total Actual Development FY 2022-23 FY 2023-24 Total Revenues Single Family (1)72 53 125 Impact Fees $16,026 $9,738 $25,764 Multifamily (1)0 8 8 Interest Income 12,918 22,018 34,936 Industrial (2)76.09 0.00 76.09 Total Revenues 28,944 31,756 60,700 Commercial (2)0.00 0.00 0.00 Institutional (2)0.00 26.01 26.01 Expenditures Office (2)0.00 2.51 2.51 Capital Expenditures 0 245,884 245,884 Professional Fees 0 0 0 (1) Dwelling units Interest Expense 0 0 0 (2) 1,000 Square feet Debt Service 0 0 0 Total Expenditures 0 245,884 245,884 Projected Development IIP Projects Single Family (1)67 67 134 Incremental Expenditures (1)$16,406 $16,540 $32,946 Multifamily (1)38 39 77 Industrial (2)2.00 1.00 3.00 Actual Projects Commercial (2)19.00 20.00 39.00 Dispatch Telecommunications Equipment 0 245,884 245,884 Institutional (2)12.00 12.00 24.00 Total Actual Projects 0 245,884 245,884 Office (2)6.00 6.00 12.00 (1) No specific projects were identified in the IIP, but rather (1) Dwelling units anticipated expenditures based on anticipated development (2) 1,000 Square feet Fire and EMS Fire and EMS Fire and EMS C-1 APPENDIX D Streets FY 2022-23 FY 2023-24 Total Actual Development FY 2022-23 FY 2023-24 Total Revenues Single Family (1)72 53 125 Impact Fees $190,125 $181,726 $371,851 Multifamily (1)0.00 8.00 8.00 Interest Income 13,932 32,863 46,795 Industrial (2)76.09 0.00 76.09 Total Revenues 204,057 214,589 418,646 Commercial (2)0.00 0.00 0.00 Institutional (2)0.00 26.01 26.01 Expenditures Office (2)0.00 2.51 2.51 Capital Expenditures 0 0 0 Professional Fees 0 0 0 (1) Dwelling units Interest Expense 0 0 0 (2) 1,000 Square feet Debt Service 0 0 0 Total Expenditures 0 0 0 Projected Development IIP Projects Single Family (1)67 67 134 Incremental Expenditures (1)$259,077 $262,271 $521,348 Multifamily (1)38 39 77 Industrial (2)2.00 1.00 3.00 Actual Projects 0 0 0 Commercial (2)19.00 20.00 39.00 Institutional (2)12.00 12.00 24.00 (1) Projects were identified in the IIP over the entire study period Office (2)6.00 6.00 12.00 as opposed to in a specific year (1) Dwelling units (2) 1,000 Square feet Streets Streets Streets D-1 APPENDIX E Permit Sampling Sample No.Permit No.Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2022-23 1 B22-000488 Single Family Fire and EMS $122.00 $122.00 $0.00 2 B22-000511 Single Family Fire and EMS 122.00 122.00 0.00 3 B22-000561 Single Family Fire and EMS 122.00 122.00 0.00 4 B21-000308 Single Family Fire and EMS 122.00 122.00 0.00 5 B22-000672 Single Family Fire and EMS 122.00 122.00 0.00 6 B22-000833 Single Family Fire and EMS 122.00 122.00 0.00 7 B22-000482 Single Family Fire and EMS 122.00 122.00 0.00 8 B22-000291 Single Family Fire and EMS 122.00 122.00 0.00 Sample No.Permit No.Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2023-24 1 B23-000272 Single Family Fire and EMS $122.00 $122.00 $0.00 2 B23-000409 Single Family Fire and EMS 122.00 122.00 0.00 3 B23-000698 Single Family Fire and EMS 122.00 122.00 0.00 4 B23-000497 Single Family Fire and EMS 122.00 122.00 0.00 5 B23-000692 Single Family Fire and EMS 122.00 122.00 0.00 6 B24-000260 Single Family Fire and EMS 122.00 122.00 0.00 7 B24-000261 Single Family Fire and EMS 122.00 122.00 0.00 8 B24-000229 Single Family Fire and EMS 122.00 122.00 0.00 9 B22-000860 Multi Family Fire and EMS 94.00 94.00 0.00 10 B23-000458 Multi Family Fire and EMS 94.00 94.00 0.00 11 B23-000444 Multi Family Fire and EMS 94.00 94.00 0.00 12 B23-000226 Multi Family Fire and EMS 94.00 94.00 0.00 Single Family/Multifamily Single Family/Multifamily Permit Sampling E-1 Sample No.Permit No.Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2022-23 1 B22-000488 Single Family Parks and Recreation $1,916.00 $1,916.00 $0.00 2 B22-000511 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 3 B22-000561 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 4 B21-000308 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 5 B22-000672 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 6 B22-000833 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 7 B22-000482 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 8 B22-000291 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 Sample No.Permit No.Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2023-24 1 B23-000272 Single Family Parks and Recreation $1,916.00 $1,916.00 $0.00 2 B23-000409 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 3 B23-000698 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 4 B23-000497 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 5 B23-000692 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 6 B24-000260 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 7 B24-000261 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 8 B24-000229 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 9 B22-000860 Multi Family Parks and Recreation 1,479.00 1,479.00 0.00 10 B23-000458 Multi Family Parks and Recreation 1,479.00 1,479.00 0.00 11 B23-000444 Multi Family Parks and Recreation 1,479.00 1,479.00 0.00 12 B23-000226 Multi Family Parks and Recreation 1,479.00 1,479.00 0.00 Single Family/Multifamily Single Family/Multifamily Permit Sampling E-2 Sample No.Permit No.Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2022-23 1 B22-000488 Single Family Streets $1,935.00 $1,935.00 $0.00 2 B22-000511 Single Family Streets 1,935.00 1,935.00 0.00 3 B22-000561 Single Family Streets 1,935.00 1,935.00 0.00 4 B21-000308 Single Family Streets 1,935.00 1,935.00 0.00 5 B22-000672 Single Family Streets 1,935.00 1,935.00 0.00 6 B22-000833 Single Family Streets 1,935.00 1,935.00 0.00 7 B22-000482 Single Family Streets 1,935.00 1,935.00 0.00 8 B22-000291 Single Family Streets 1,935.00 1,935.00 0.00 Sample No.Permit No.Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2023-24 1 B23-000272 Single Family Streets $1,935.00 $1,935.00 $0.00 2 B23-000409 Single Family Streets 1,935.00 1,935.00 0.00 3 B23-000698 Single Family Streets 1,935.00 1,935.00 0.00 4 B23-000497 Single Family Streets 1,935.00 1,935.00 0.00 5 B23-000692 Single Family Streets 1,935.00 1,935.00 0.00 6 B24-000260 Single Family Streets 1,935.00 1,935.00 0.00 7 B24-000261 Single Family Streets 1,935.00 1,935.00 0.00 8 B24-000229 Single Family Streets 1,935.00 1,935.00 0.00 9 B22-000860 Multi Family Streets 964.00 964.00 0.00 10 B23-000458 Multi Family Streets 964.00 964.00 0.00 11 B23-000444 Multi Family Streets 964.00 964.00 0.00 12 B23-000226 Multi Family Streets 964.00 964.00 0.00 Single Family/Multifamily Single Family/Multifamily Permit Sampling E-3 Sample No.Permit No.Class Fee Category Square Feet Rate $/sqft Assessed Fee Adopted Fee Difference Notes FY 2022-23 1 NR22-000127 Industrial Fire and EMS 76,085 $0.10 $7,608.50 $7,608.50 $0.00 Sample No.Permit No.Class Fee Category Square Feet Rate $/sqft Assessed Fee Adopted Fee Difference Notes FY 2023-24 1 NR23-000132 Industrial Fire and EMS 0 $0.14 $0.00 $0.00 $0.00 2 NR22-000059 Industrial Fire and EMS 0 0.14 0.00 0.00 0.00 3 NR23-000023 Mixed Use-MF/Office Fire and EMS 2,506 0.18 451.00 451.00 0.00 4 NR23-000083 Industrial Fire and EMS 1,000 0.00 0.00 0.00 0.00 Well - no fee 5 NR24-000012 Institutional Fire and EMS 26,017 0.06 1,561.00 1,561.00 0.00 Non-Residential Non-Residential Permit Sampling E-4 Sample No.Permit No.Class Fee Category Square Feet Rate $/sqft Assessed Fee Adopted Fee Difference Notes FY 2022-23 1 NR22-000127 Industrial Parks and Recreation 76,085 $0.56 $42,607.60 $42,607.60 $0.00 Sample Permit No.Fee Category Square Feet Rate $/sqft Assessed Fee Adopted Fee Difference Notes FY 2023-24 1 NR23-000132 Industrial Parks and Recreation 0 $0.81 $0.00 $0.00 $0.00 2 NR22-000059 Industrial Parks and Recreation 0 0.81 0.00 0.00 0.00 3 NR23-000023 Mixed Use-MF/Office Parks and Recreation 2,506 1.03 2,581.00 2,581.00 0.00 4 NR23-000083 Industrial Parks and Recreation 1,000 0.00 0.00 0.00 0.00 Well - no fee 5 NR24-000012 Institutional Parks and Recreation 26,017 0.32 8,324.00 8,324.00 0.00 Non-Residential Non-Residential Permit Sampling E-5 Sample No.Permit No.Class Fee Category Square Feet Rate $/sqft Assessed Fee Adopted Fee Difference Notes FY 2022-23 1 NR22-000127 Industrial Streets 76,085 $0.63 $47,933.55 $47,933.55 $0.00 Sample Permit No.Fee Category Square Feet Rate $/sqft Assessed Fee Adopted Fee Difference Notes FY 2023-24 1 NR23-000132 Industrial Streets 0 $2.86 $0.00 $0.00 $0.00 2 NR22-000059 Industrial Streets 0 2.86 0.00 0.00 0.00 3 NR23-000023 Mixed Use-MF/Office Streets 2,506 1.24 3,107.00 3,107.00 0.00 4 NR23-000083 Industrial Streets 1,000 0.00 0.00 0.00 0.00 Well - no fee 5 NR24-000012 Institutional Streets 26,017 2.48 64,510.00 64,510.00 0.00 Non-Residential Non-Residential Permit Sampling E-6 TOWN OF FOUNTAIN HILLS, ARIZONA Kevin BurnettPresented by 2 •Town’s development impact fees (DIFs) are subject to statutory requirements on how they are assessed, collected, used, and reported (ARS §9-463.05). •DIFs may be assessed to offset the cost of providing necessary public services to a development. •Must be based on Land Use Assumptions (LUA) and an Infrastructure Improvement Plan (IIP) adopted by the Town 3 •Willdan Financial Services audited the Town’s: •LUA, IIP and Development fee report – Prepared by TischlerBise (January 21, 2020) •Audit was completed towards the end of 2024 •Fees audited included: •Parks and Recreation •Fire & EMS •Streets 4 Audit scope included reviewing: 1.Land Use Assumptions (LUA) •Was development consistent with capital needs? 2.Infrastructure Improvement Plan (IIP) •Was the system expanded to accommodate growth? 3.Expenditures •Were expenditures made on eligible items? 4.Level of Service •Has the Town maintained the same level of service for new growth? 5.Permit Sampling •Were fees charged correctly? 5 1.Review Land Use Assumptions •Minor differences between projected and actual development •Development looked at a 10-year snapshot 2.Review of Infrastructure Improvement Plan •Some projects were completed, some undertaken and not completed, some not yet started. •Projects were based on a 10-year horizon 3.Review of Expenditures •All of the expenditures were on DIF related projects 6 4.Level of Service Review •Appropriate matching of new development and available resources 5.Permit Sampling •Fees were correctly charged based on development •No inequities in implementing the plan and assessing fees 7 The Town’s development impact fee program was conducted consistent with and in compliance with ARS §9-463.05 ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Amending Chapter 12 (Commercial Zoning Districts) of the Zoning Ordinance by adding provisions to allow outdoor display of vehicles of no more than one ton in the C-1 (Neighborhood Commercial and Professional) zoning district with an approved special use permit. Staff Summary (Background) At the regular Town Council meeting on November 19, 2024, staff presented a rezone request from C-1 (Neighborhood Commercial) to C-2 (Intermediate Commercial) for a commercial block at the northeast corner of Fountain Hills Boulevard and Glenbrook Boulevard. The request was made by the owner of a golf cart sales business in order to allow outdoor display of golf carts on some parking stalls directly outside his business. The C-1 zoning district does not allow outdoor display of vehicles, but the C-2 district does with the approval of a Special Use Permit; therefore, the request was made by the property owner Consistent with the P & Z Commission's recommendation, the rezone request was ultimately denied by Town Council due to concerns that a rezone to C-2 would create the potential for other by-right uses that would not be appropriate for the area. This denial was also accompanied by Council direction to staff to bring forth a text amendment that would allow outdoor display of such vehicles in the C-1 district with an approved special use permit. Following the direction of the Town Council, and subsequently the Planning and Zoning Commission meeting on December 9, 2024, staff recommend using the verbiage below to provide broader language to include such vehicles as pedicabs and electric go-carts. Furthermore, since two-seater golf carts can weigh between 400 to 550 pounds, and a six-seater can weigh between 980 to 1895 pounds, staff recommended specifying a rounded weight limit of one ton, or 2,000 pounds. For the reasons stated above, staff proposes adding subsection "G" to Section 12.04 (Uses Subject to Special Use Permits in C-C and C-1 Zoning Districts Only): G. In the C-1 district only, outdoor display of non-gasoline powered vehicles of no more than one (1) ton. During the Planning and Zoining Commission discussion, concerns were expressed the proposed language may be too limiting. Following discussion the Commission directed staff to amend the language to include options for small, gasoline powered vehicles on a limited basis. Based on the Planning Commission discussion and recommendation, the language has been amended to the following: G. In the C-1 district only, outdoor display of vehicles of no more than one (1) ton.Non-gasoline vehicles may be approved without any limitations. The Special Use Permit may allow outdoor display of a gasoline-powered vehicle of less than one (1) ton for no more than 30 days, provided such vehicles will not be operated during this time. All displayed vehicles allowed under the special use permit must be removed when the business ceases under the business license for the operation. It should be noted that indoor display and sales of all types of vehicles (gasoline and non-gasoline powered) is allowed by right in the C-C, C-1, and C-2 zoning districts. Vehicles stored inside may be brought outside for a test drive, which necessitates starting the engine. This amendment does not take away that right, but the wording as recommended by the Commission may present challenges in properly interpreting and applying the text amendment. The intent is to allow outdoor display of smaller vehicles in the least intense commercial zoning district while minimizing the potential for noise disturbances from the vehicles allowed to be displayed outside. Staff is not including the C-C district in the allowance because of the common parking lot nature of the associated parking lots. In this zoning district, the individual businesses do not own the parking lots, thus creating a problem with designating display spaces. It should be noted that Special Use Permits, once implemented, typically run with the land and not the tenant. However, Town Council may include stipulations for approval that limit the duration of a special use or require renewal after a specified number of months before continuing the use. This might be appropriate in some cases considering that some uses are discontinued or lapsed for an extended period of time. Also, changing conditions such as the addition of new tenants in a commercial center might increase parking demand and thus necessitate the displacement of vehicle display areas if the affected parking stalls are needed to accommodate new tenants. Related Ordinance, Policy or Guiding Principle Zoning Ordinance, Chapter 12 - Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Staff initially proposed an amendment to allow non-gasoline powered vehicles weighing less than one-ton to be allowed in the C-1 zoning district with an approved special use permit. At their regular meeting on December 9, 2024, the Commission recommended changes to the proposed language to allow gasoline powered vehicles of one ton or less to be displayed as well through the same special use permit, although gasoline-powered vehicles may be displayed for a period of no more than 30 days. Also, since SUPs typically run with the land in perpetuity, Commission also voted to include a provision requiring all displayed vehicles allowed under the special use permit must be removed when the business ceases under the business license for the operation. The text amendment was recommended for approval, as amended, by a vote of 6-0. Staff Recommendation(s) Staff recommends adoption of the revisions as provided. SUGGESTED MOTION MOVE to recommend adoption of Ordinance #25-01 Attachments Ordinance 25-01 Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/02/2025 05:41 PM Form Started By: Farhad Tavassoli Started On: 12/30/2024 08:35 AM Final Approval Date: 01/02/2025 ORDINANCE NO. 25-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE BY AMENDING SECTION 12.04, USES SUBJECT TO SPECIAL USE PERMITS IN C-C AND C-1 ZONING DISTRICTS ONLY, BY ADDING A PROVISION ALLOWING OUTDOOR DISPLAY OF SMALL VEHICLES IN THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Chapter 12, Commercial Zoning Districts, Section 12.04 is hereby amended to add a new G.: … G. In the C-1 district only, outdoor display of vehicles of no more than one (1) ton. Non-gasoline vehicles may be approved without any limitations. The Special Use Permit may allow outdoor display of a gasoline-powered vehicle of less than one (1) ton for no more than 30 days, provided such vehicles will not be operated during this time. All displayed vehicles allowed under the special use permit must be removed when the business ceases under the business license for the operation. … SECTION 2. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the City/Town Council has considered the individual property rights and personal liberties of the residents of the City/Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 21st day of January 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Gerry M. Friedel, Mayor Kandace French Contreras, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow T-Mobile to replace an existing flagpole wireless communication facility with a monopalm at 16239 E. Ironwood Drive (Generation Church; formerly First Assembly of God Church). Staff Summary (Background) On behalf of T-Mobile, Campbell A&Z, LLC is proposing install a new wireless communication facility (WCF) resembling a palm tree (aka a monopalm), utilizing the location currently held by the flagpole-WCF site, which will be removed prior to installation. The SUP for the existing cell tower was approved by the Town Council in 1999. This site is needed to ensure T-Mobile can continue to deliver their high-speed wireless broadband services to customers in this area. Crown Castle is proposing to utilize a temporary "cell on wheels" (COW) as a measure to maintain service while the replacement site is constructed. The COW will be in place approximately 60 days, and will be removed once the replacement monopalm is up and operational. The new monopalm will be 65’ tall, measure to the top of the fronds. The antennas will be mounted at the 56’ level. The existing flagpole is 55’ overall height. The monopalm design will allow T-Mobile to install a full array of antennas, whereas the flagpole limited the antennas to a double-stack canister mount that limits capacity and expansion. The monopalm array will be set where the tips of the fronds will extend past the antennas to aid in screening. The monopalm trunk will have an exterior finish resembling a natural palm tree in color and texture. The antennas and mounts will be painted to match the fronds. All cabling will be internal to the monopalm and not visible to the public. The monopalm will be set in place where the flagpole is currently located. The design will use the existing foundation without expansion to the existing carrier compound. Existing utilities will also be maintained. The temporary use COW will be set on the south side of the Church parking lot on a lower level. Conceptually, the COW trailer will be screened and secured with a chain link fence, shielded with slats or shading material. The COW will be extended to a 51’ height with antennas mounted at the 47’ level. There will not be any lights on the COW or the monopalm. The COW will remain in place during the construction of the monopalm site and be taken down once the monopalm is up and operational. The estimated time for the COW to be in place and operational is 60 days. The six-antenna array will consist of three sectors of two antennas each. Existing equipment behind the existing 5-foot screen wall around the base of the tower will also be replaced with updated equipment. In granting a special use permit, the Town may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed antennas on adjoining properties. Analysis Chapter 17 of the Zoning Ordinance establishes two mechanisms for approval of WCFs: 1) Administratively by staff when all the criteria are met with regard to factors such as separation distance from residential uses, tower height, and visibility; 2) By the Town Council through consideration of a Special Use Permit when the proposed WCF does not meet one or more of those criteria. Because of the strictness of the criteria for administrative approval, most WCF's in Town are considered and approved through the Special Use Permit process. It should be noted that a special use permit for wireless communications facilities is not the same as granting a variance. A variance is granted by the Town's Board of Adjustment when a zoning requirement cannot be met due to an unnecessary hardship to the owner and other similar factors. Considering a special use permit is also not a deviation from code requirements, it is the process set up in the code for consideration of this use in most situations. The request was filed prior to the recently approved revision to Chapter 17 (Wireless Telecommunications and Antennas). Therefore, the prior language of the Zoning Ordinance is used to analyze the details of the request. Section 17.06.B.3 of that version specifically outlines the factors to be considered when reviewing such an application. Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for consideration of Special Use Permit applications pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, the Town Council shall consider the following factors in determining whether to issue a Special Use Permit, although the Town Council may waive or reduce the burden on the applicant of one or more of these criteria if the Town Council concludes that the goals of this ordinance are better served thereby. It should be noted that any such waivers, unlike a variance, are because they fall outside the parameters of a by-right use; thus the need for a special use permit. a. Height of the proposed tower; The proposed antenna arrays and screening will reach a height of 65’ tall. This exceeds the 30’ height limit of the R1-10 zoning district by 35’. Per Zoning Ordinance Sec. 17.05 B 2, when the proposed WCF tower exceeds the maximum height allowed in the zoning district it must receive approval through the Special Use Permit process. Staff: Staff believes that the increased height of the permanent WCF replacement will have greater visual impact to neighboring properties, but such impact is mitigated by the stealth design and aesthetic elements applied to the monopalm, such as palm fronds extending past the antennas to aid screening as well as the exterior finish of the trunk resembling natural palm trees in color and texture. However, the temporary antenna will create a more undesirable visual impact as it employs no aesthetic treatment. Regardless of the treatments applied, a Special Use Permit is required because the height exceeds the 30' foot limit allowed in single-family zoning districts. The zoning ordinance requires that any antenna be constructed so that its “fall down” distance (equal to 100% of the height of the antenna in a residential district) is entirely contained within the boundaries of the property it is located on. This is a precaution against any off-site damage to adjoining properties or structures should it fall. This requirement may be waived as part of the Special Use Permit by the Town Council when deemed appropriate. Staff: In the unlikely event that the WCF were to fall down, the antenna will still be entirely contained within the property. The zoning ordinance requires a WCF to be separated from any single-family residential unit by 200' or 300% of the height of the tower. The Town Council may reduce the standards separation distance if the goals of the ordinance would be better served thereby. Staff: The adjacent residential structure to the west of the church is approximately 185' away. This is less than the ordinance minimum of 200'. The existing cell tower was approved at this same location indicating that the Council at that time determined this location better served the needs of the Town than moving the tower further east. To meet this ordinance requirement the tower would need to be moved about 15 to the east and occupy the one of the existing parking spaces. It appears the parking lot does not have the number of parking spaces currently required for the existing church; therefore, no parking spaces can be removed. b. Proximity of the antenna to residential structures and residentially zoned district boundaries; The zoning ordinance requires that any antenna within 300’ of residentially zoned property receive Special Use Permit approval from the Town Council and that any tower within 200' of a dwelling unit be approved only if the Council determines a reduction in the standard separation distance would better serve the Town. Staff: The Special Use Permit is required because the proposed WCF is located within a residential zoning district. Because the tower is less than 200' from the adjacent residential structure the Council must determine the Town is better served by allowing this reduction to the standards to approve this tower. The previous Council action in 1999 indicates that Council found the reduction appropriate for the current tower. The tower is screened from the existing home by the church building. The tower could be moved to a location south of the existing parking lot to meet all the separation requirements. Moving the location would, however, impact existing natural terrain and make the tower even more visible than it is next to the existing building. c. Nature of uses on adjacent and nearby properties; The property contains an existing church. The adjacent Fountain Hills Blvd right-of-way is approximately 146' from the proposed antenna location. The adjacent Ironwood Blvd right-of-way is approximately 132’ from the proposed antenna location. Staff: Staff believes that the proposed antennas will have no negative impacts on the surrounding properties should an antenna fall during a storm or as a result of an accident. Staff’s opinion is that the requirement that the proposal not be detrimental or hazardous to surrounding properties has been met. d. Surrounding topography; The surrounding topography will not present any problems with the placement or use of the antennas. Staff: Staff’s opinion is that the topography will not affect the antenna placement. The current and proposed placement is near the top of the hill. Moving the tower down the hill will impact the proposed placement is near the top of the hill. Moving the tower down the hill will impact the functionality of the antennas. e. Surrounding tree coverage and foliage; The existing site contains very little landscaping. Coverage consists only of a few barrel cacti along the frontage of Ironwood Drive and some ground cover consisting primarily of decomposed granite. Staff: Staff’s opinion is that the visual impact of the antennas is softened by the palm fronds, but the lack of natural landscaping does nothing to reinforce the stealth appearance of the tower. As a condition of approval, the Council may consider requiring some natural palm trees to be planted near the monopalm to further mitigate its visual impact from at least the street level. e. Design of the antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; The proposed antennas will be largely screened from the palm fronds fanning out at the 56-foot level. Application of color and texture will mimic those of natural palm trees. Staff: Staff believes that the visual impact is lessened by its stealth design; however, the proposed height could still pose a visual concern from various vantage points, particularly from the neighborhood to the west, which is uphill from the church. The applicant's photo simulations show how mountain views are impacted. g. Proposed ingress and egress; The proposed antennas on the tower will be accessible via ladder or boom lifts by authorized personnel only. Maintenance of the ground-level equipment will also be performed by authorized personnel. Staff: The proposal has excellent vehicular access and egress from Ironwood Drive and will not create a safety hazard. h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 17.06(B)(4) of this chapter; Section 17.06.B.4 specifically relates to the construction of new towers where none previously existed. In such cases the town should require proof that other less-obtrusive options are not available. Staff: Staff believes that the antenna style and location would be appropriate for the area if the height could be lowered to more closely conform to the district’s maximum height allowance. The applicant states that there are no alternative towers for co-location in the vicinity. The applicant also states that there are no alternative technologies immediately available. Regardless, staff has asked the applicant to provide documentation, such as radio frequency propagation maps, to support the need for the antennas as proposed. Such documentation is expected to be provided at or prior to the Council meeting. Good Neighbor Statement Because of the nature of the use, the applicant has provided a good neighbor statement summarizing their intent to properly maintain the monopalm with the intent of respecting neighborhood quality of life. Citizen Participation To fulfill the citizen participation requirement for special use permit requests, the applicant sent out To fulfill the citizen participation requirement for special use permit requests, the applicant sent out notification letters to all the neighboring landowners within 300' of the church property. The letter invited neighbors to provide input regarding the request. The applicant also reached out to the Neighborhood Property Owners Association via telephone. To date, no opposition was received by the applicant nor by staff. Related Ordinance, Policy or Guiding Principle Fountain Hills Zoning Ordinance Chapter 2 Section 2.02 - Special Use Permits Fountain Hills Zoning Ordinance Chapter 17 - Wireless Telecommunications Towers and Antennas Risk Analysis Approval of the Special Use Permit will result in the 55' stealth WCF flagpole being removed, followed by installation of a new 65-foot stealth "monopalm" and appurtances. The monoplam (consisting of the tower, antenna arrays, and palm fronds) will reach a total height of 65’. Denial of the Special Use Permit will require that the applicant seek an alternative site or antenna design. Recommendation(s) by Board(s) or Commission(s) At there regular meeting on December 9, 2024, the Planning and Zoning Commission recommended denial of the WCF with a vote of 6-0. Among the reasons cited were visual impact and little demonstration of the critical need for the monopalm as proposed. Staff Recommendation(s) Although the replacement of the flagpole entails a 10-foot increase in height, staff believes that the stealth design and aesthetic nature of the monopalm mitigate the visual impact on neighboring residents and do not create unreasonable conditions. However, staff acknowledges the importance of additional measures to address potential concerns. The Town Council may wish to stipulate a duration limit on the temporary COW, such as the 60 days proposed by the applicant, and require enhanced landscaping on the church property to further minimize visual impact. Staff supports approval of the Special Use Permit for the monopalm and COW, subject to conditions including additional mitigation measures and documentation demonstrating the critical need for the facility as proposed. These conditions are necessary to ensure the project meets community standards while addressing infrastructure needs. Per Sec. 17.07(B), approval is contingent on the Town Council determining that a reduction in the separation distance from the neighboring house to the west better meets the goals and requirements of this chapter. Without such a determination, the application must be denied. SUGGESTED MOTION MOVE to deny the Special Use Permit as recommended by the Planning and Zoning Commission. Attachments Wireless Cell Tower Location Map Case Map Applicant Narrative Preliminary Site Plan Photo Simulations Photo Simulations Citizen Participation Plan Citizen Participation Report Good Neighbor Statement Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/06/2025 10:01 AM Development Services Director John Wesley 01/13/2025 10:37 AM Town Attorney Aaron D. Arnson 01/14/2025 02:49 PM Town Manager Rachael Goodwin 01/14/2025 03:13 PM Form Started By: Farhad Tavassoli Started On: 12/30/2024 08:32 AM Final Approval Date: 01/14/2025 Vicinity CASE: SUP24-000008 SITE / ADDRESS: 16239 E IRONWOOD DR APN 176-05-397 REQUEST: A SPECIAL USE PERMIT TO ALLOW T-MOBILE TO REPLACE AN EXISTING WIRELESS COMMUNICATION FACILITY WITH A TEMPORARY CELL-ON-WHEELS AND THEN A 65-FOOT "MONOPALM", IN THE R1-35 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000008SUP24-000008 F O U N T A I N H I L L S B L V D ARROY O V I S T A D R IRONWO O D D R E CHOLLA D R F R O N T A G E R D CHAMA DR PI P E C I R IRO N W O O D W A S H D E S E R T S A G E D R O R G A N 1 SPECIAL USE PERMIT TOWN OF FOUNTAIN HILLS SEPTEMBER 13, 2024 1. Proposal Summary Information Crown Castle Site: 1ST ASSEMBLY CHURCH, #824055 Prepared by: Michael J Campbell Campbell A&Z, LLC 6880 W. Antelope Dr Peoria AZ 85383 Ryan Quintel Crown Castle 2055 S. Stearman Dr. Chandler, AZ 85286 Prepared for: Crown Castle 2055 S Stearman Dr Chandler AZ 85285 Property Owner: Generation Church Arizona 1010 S Ellsworth Rd, Unit A Mesa AZ 85208 Request: Special Use Permit Wireless Communication Facility Cellular on Wheels(COW) & Monopalm Site Location: Generation Church 16239 E Ironwood Drive Legal Description: A portion of the Section 25, Township 2 North, Range 6 East of the G&SRBM, Pima County, AZ APN#: 176-05-397 Zoning: R1-35 2 2. Introduction_______________________________________________________________________ Crown Castle, a wireless communications infrastructure company operating in the Town of Fountain Hills, owns and operates the Wireless Communications Facility located at 16239 E Ironwood Dr.(“Existing Site”). The Existing Site accommodates T-Mobile Wireless. The carrier has provided wireless communications coverage in the area for the last 20 years. The site was approved by the Town and built in the early 2000’s. Crown Castle is one of the largest providers of shared communications infrastructure in the United States, with approximately 40,000 cell towers comprising approximately 91,000 installations. Crown Castle’s extensive infrastructure serves as the backbone of the nation’s communication network. The Existing Site is a critical component of that network, will provide Network continuity for the public interest, continuing 911-call service and long-term stability for T-Mobile current service levels in the Town of Fountain Hills. 3. Project Goals_______________________________________________________________________ The goal of this application is to maintain continued coverage in the area by the proposed replacement wireless facility. The existing site, flagpole canister design, is no longer functional for the T-Mobile array. This relocation will allow the existing carrier, T-Mobile to provide continued wireless services to the community for emergency services, business, and personal use. The COW will be set in place and operational while the existing site is decommissioned and rebuilt as a monopalm. Existing Site 3 This proposal describes the scope of the proposed project by providing specific information regarding the project location, zoning, specifications, in relation to the Town of Fountain Hills code requirements pertaining to Wireless Communications Facilities (WCF). It is Crown’s desire to work with the Town to ensure that the project is consistent with the Town’s development guidelines and its surroundings while maintaining the existing wireless communications coverage that is critical for emergency, business, and personal use. 4. Request___________________________________________________________________________ This application submittal anticipates that the following formal request be made to the Town of Fountain Hills • Special Use Permit for the Cellular on Wheels, (COW) and the Replacement WCF Monopalm 5. Project/Site Description______________________________________________________________ The Proposed Replacement Site monopalm will be utilizing the location currently held by the flagpole site.This site is needed to ensure T-Mobile can continue to deliver their high speed wireless broadband services to their custmoers in this area. Crown Castle is proposing to utilize a COW as a temporary fix while the replacement site is constructed. The COW will be in place approx 60 days, and will be removed once the replacement monopalm is up and operational. The replacement monopalm will be 65’ tall, top of the fronds measurement. The antennas will be mounted at the 56’ level. The existing flagpole is 55’ overall height. The monopalm design will allow T- Mobile to install a full array of antennas, weheras the flagpole limited the antennas to a double stack tcanister mount that limits capcaity and expansion. The monopalm array will be set in where the tips of the fronds will extend past the antennas to aid in screening. The monopalm trunk will have an exterior finish resembling a natural palm trees in color and texture. The antennas and mounts will be painted to match the fronds. All cabling wi be internal to the monopalm and not visible to the public. The monopalm will be set in place where the flagpole currently is located. The design will be to use the existing foundation wothout expansion to the existing carrier compound. Existing utilities will also be utilized. The temporary use COW will be set to the south side of the Church parking lot on a lower level. Conceptually the COW trailer will be screend and secure with a chain link fence, shielded with slats or shading material. The COW will be extended to a 51’ height with antennas mounted at the 47’ level. There will not be any lights on the COW or the monopalm.The COW will remain in place during the cosntruction of the monopalm site and be taken down once the monopalm is up and operational. The estimeted time for the COW to be in place and operational is 60 days. 4 Proposed Site w/ the monopalm Proposed WCF Location 5 The proposed structure will follow all City building codes and design standards as directed by the Building Safety Department. Project Data Table Proposed site location vegetation As the existing site is situated at the side of the parking lot, there is minimal vegetation surrounding it. The decision to design the replacement site as a monopalm was due to the lower visual impact over an evergreen tree concept. Looking west at the proposed site location Site Development Regulations Existing Proposed Current Height 53’ 65’ Setbacks N: 129’, S: 257’, E:141’, W: 149’ N: 129’, S: 257’, E:141’, W: 149’ Setback non-residential N/A N/A Setback from residential N: 129’, S: 257’, E:141’, W: 149’ N: 129’, S: 257’, E:141’, W: 149’ Landscape N/A N/A 6 6. Site Justification____________________________________________________________ A. Least Intrusive Means to Fill a Significant Gap in Coverage. Section 332(c)(7)(B)(i)(II) of the Federal Telecom Act bars local governmental decisions from precluding the provision of wireless services: The regulation of the placement, construction, and modification of personal wireless service facilities by any State or Local government or instrumentality thereof— (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. The search area in which a site can be relocated is limited because each site is a link in a chain of sites and cannot move very far in any direction once the network has been established. Moving too far one way or another would cause interference or create a gap in coverage. Search Ring The unique opportunity to utilize the existing pole foundation reduced the need to look elsewhere for the replacement site. With this, there was no search ring issued for this relocation. 7 Wireless Fact Sheet Wireless telecommunications are the primary mode of communication for Americans in the twenty-first century. That fact is amply demonstrated by the latest surveys in the industry, which reveal that over 50 percent of American homes rely solely on wireless devices. Over 90% of households have at least one mobile phone. In a recent report, the “National 911 Program,” which is an office housed within the National Highway Traffic Safety Administration, found that “80 percent of consumers are using cellular phones to make 911 calls.” Wireless communications are a critical part of a community’s health, safety and welfare. Below is a depiction of the statistics of wireless devices usage. 7. Zoning____________________________________________________________________________ The Proposed Site is in the Town of Fountain Hills jurisdiction. The parcel is zoned R1-35. The adjacent lands are zoned R1-35and R-2. Zoning Project Data Table Surrounding Land Use & Zoning Designations: Direction Existing Zoning Existing Use Site R1-35 Wireless Communication Facility & Church parking lot North R1-35 Residential East R-2 Residential South R1-35 Open space & residential West R1-35 Residential 8 Distance from surrounding Residential Fountain Hills Zoning Map 8. Analysis of Federal Law______________________________________________________________ 1. Federal Telecommunications Act of 1996 In addition to local and state law, this application is governed by the federal Communications Act, 47 U.S.C. § 332(c)(7)(B). In the Telecommunications Act of 1996, Pub. L. No 104-104, 110 Stat. 56 (“Telecom Act”) Congress added Section 332(c)(7)(B), which provides rights to wireless service providers and establishes limitations upon state and local zoning authorities with respect to applications for permits to construct wireless service facilities. The express purpose of the Act is “to promote competition and reduce Direction Distance Existing Use North 129.9’ R1-35 East 141.4’ R2 South 257.9’ R1-35 West 149.4’ R1-35 9 regulation in order to secure lower prices and higher quality services for American telecommunications consumers.” Pub. L. No. 104-104, 110 Stat. 56, 56 (1996); see also City of Rancho Palos Verdes v. Abrams, 544 U.S. 113, 115 (2005). It also is intended to “encourage the rapid deployment of new telecommunications technologies.” Id.; see also H.R. Conf. Rep. No. 104-458, at 113 (1996) (purpose of the 1996 Act is “to provide for a pro-competitive, deregulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services . . . by opening all telecommunications markets to competition”). Recognizing that wireless service can bring enormous benefits to communities and can boost jobs and economic productivity, this important law and subsequent regulations applicable to wireless facilities, were enacted to remove impediments to and promote the rapid deployment of wireless technology on a national basis. The applicable limitations and directives include the following: (a) State and local governments may not unreasonably discriminate among providers of functionally equivalent services (§332(c)(7)(B)(i)(I)). (b) State and local governments may not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits, or has the effect of prohibiting, the provision of personal wireless services (better known as the “effective prohibition clause”) (§332(c)(7)(B)(i)(II)). (c) State and local governments must act on requests for authorization to construct or modify wireless service facilities within a reasonable period of time (§332(c)(7)(B)(ii)). (d) Any decision by a state or local government to deny a request for construction or modification of personal wireless service facilities must be in writing and supported by substantial evidence contained in a written record (§332(c)(7)(B)(iii)). (e) Finally, no state or local government or instrumentality thereof may regulate the placement, construction or modification of personal wireless service facilities on the basis of the perceived environmental effects of radio frequency emissions to the extent that such facilities comply with federal communications commission’s regulations concerning such emissions (§332(c)(7)(B)(iv)). See Proof of FCC Compliance attached as Exhibit 1. Rapid deployment of wireless facilities is an important national issue, especially given the trend of Americans eliminating traditional landline service in favor of wireless communications. The Center for Disease Control and Prevention (“CDC”) tracks “wireless substitution” rates as part of its National Health Interview Survey and publishes the findings every six months in its Wireless Substitution reports. The most recent report, issued in December of 2019, estimates that more than one-half (57%) of American homes have only wireless phones. Reliable and robust wireless communication is essential, especially considering over half of Americans and Coloradans do not have a landline and rely on wireless service to conduct personal and business communications, to access the internet or to reach emergency responders. Ensuring access in the event of an emergency is critical be it communications between emergency service personnel or for people calling for help. 10 9. Conclusion_________________________________________________________________________ Crown Castle is seeking approval for the Special Use Permit for the Cellular on Wheels, (COW) and the WCF Replacement Facility at the Generation Church campus. By approving this application for the Proposed Site within Town of Fountain Hills jurisdiction: • The Proposed COW and Replacement Site will not cause an adverse impact on adjacent property or properties in the area. • The Proposed COW and Replacement Site will not cause a significant increase in vehicular or pedestrian traffic in the adjacent areas. • The Proposed COW and Replacement Site will not cause the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions. • The Proposed COW and Replacement Site will not contribute in a measurable way to the deterioration in the neighborhood or area or contribution to the lowering of property values. 10. Attachments_______________________________________________________________________ • Site map • Zoning Drawings • Photo-sims On behalf of Crown Castle, I respectfully submit this package for your review and consideration. Upon completion of your review, please contact me if you have any questions or need additional information. Sincerely, Michael J Campbell Michael J Campbell Campbell A&Z, LLC 602-616-8396, mobile 623-376-6380, office campbellaz1@earthlink.net T-1 TITLE SHEET C REVIEW JRS MAY RCY 5/2/24 MARICOPA COUNTY 16239 E. IRONWOOD DRIVE FOUNTAIN HILLS, AZ 85268 FIRST ASSMBLY OF GOD PH21506F (BUN 824055) PRE L I M I N A R Y FOR R E V I E W ONLY 2055 S. STEARMAN DRIVE CHANDLER, AZ 85286 OFFICE: (602) 845-1722 1330 W. SOUTHERN AVE. SUITE A-102, TEMPE, ARIZONA, 85282 PHONE: (480) 638-2600 FAX: (480) 638-2852 3/21/23A ISSUED FORREVIEW JRS 4/21/23B ISSUED FORREVIEW JRS 5/2/24C ISSUED FORREVIEW JRS Call Toll Free1-800-782-5348 2 Working Days Before You Dig ARIZONA BLUE STAKE, INC. PROJECT DESCRIPTION PROJECT INFORMATION 16239 E. IRONWOOD DRIVE ADDRESS A-3 ELEVATION 0 CONSULTING TEAM A-1 T-1 NUMBER INDEX OF DRAWINGS OVERALL SITE PLAN TITLE SHEET NAME OF SHEET 0 0 REV. A-2 ENLARGED SITE PLAN 0 TAKE US-60 EAST TO LOOP 1010 NORTH. TAKE LOOP 101 NORTH TO E SHEA BLVD TURN RIGHT ON SHEA TO N FOUNTAIN HILLS BLVD, TURN LEFT ON FOUNTAIN HILLS BLVD TO IRONWOOD DR, GO LEFT TO SITE ON LEFT AT CHURCH. NORTHDRIVING DIRECTIONS PROJECT AREA LATITUDE: 33° 35' 53.76" N (33.598267°) NAD 83 COORDINATES LONGITUDE: 111° 43' 43.77" W (111.728825°) NAD 83 FOUNTAIN HILLS, AZ 85268 APN#: 176-05-397 LAND DESCRIPTION OF SUBJECT PARCEL ZONING: R1-35 PROPERTY OWNER JURISDICTION TOWN OF FOUNTAIN HILLS 2018 IBC 2017 NEC CODE COMPLIANCE CURRENT USE: RELIGIOUS USE / UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY NEW USE: RELIGIOUS USE / UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY GENERATION CHURCH ARIZONA 1010 S. ELLSWORTH ROAD, UNIT A MESA, AZ 85208 CROWN CASTLE PROJECT TEAM APPLICANT PROJECT MANAGER: FRED RAPOSO PHONE: (678) 409-8582 EMAIL: FRED.RAPOSO@CROWNCASTLE.COM CONSTRUCTION MANAGER: JASON ALBRAND PHONE: (602) 757-0160 EMAIL: JASON.ALBRAND@CROWNCASTLE.COM CONTACT: MICHAEL CAMPBELL PHONE: (602) 616-8396 EMAIL: CAMPBELLAZ1@EARTHLINK.NET VICINITY MAP DESIGN TYPE: T-MOBILE / CROWN SITE NAME:CITY:STATE:COUNTY: T-MOBILE / CROWN SITE #: MONOPALM CROWN: FIRST ASSEMBLY OF GOD / FIRST ASSEMBLY OF GOD MARICOPA PH21506F / 824055 FOUNTAIN HILLSAZ YOUNG DESIGN CORP. 10245 E. VIA LINDA #211 SCOTTSDALE, AZ, 85258 CONTACT: JOHN SULTZBACH PHONE: (480) 451-9609 ARCHITECT TO BE INSTALLED 65' MONOPALM T-MOBILE ANTENNA ARRAY, (2) PER SECTOR, (3) SECTORS, (6) TOTAL ANTENNAS ON NEW ANTENNA MOUNT T-MOBILE RADIO UNITS, (2) PER SECTOR, (3) SECTORS, (6) TOTAL (2) NEW EQUIPMENT CABINETS (2) NEW HCS CABLES W/ PENDANTS NEW UNDERGROUND CONDUITS (2) NEW JUNCTION BOXES WITH EXCESS FIBER BOX CABLE BRIDGE TELCO BOX W/ DC FAN NEW 200A ELECTRICAL SERVICE AND PPC CABINET TO BE REMOVED FLAGPOLE AND ANTENNA EQUIPMENT EQUIPMENT CABINETS IN SIDE EXISTING COMPOUND 100A PPC CABINET APN: 176-05-397 ZONING: R1-35 ZONING: R1-35 EXISTING 65'-0" FLAGPOLE ANDT-MOBILE ANTENNAS TO BE REMOVED IN THEIR ENTIRETY NEW T-MOBILE ANTENNA ARRAY ONPROPOSED 65' MONOPALM LOCATEDADJACENT TO EXISTING COMPOUND - SEE SHEET A-2 FOR ENLARGEDVIEW N . F O U N T A I N H I L L S B L V D . E. IRONWO O D D R I V E EXISTING BUILDING P R O P E R T Y L I N E 13 1 ' - 8 " S E T B A C K 27 6 ' - 2 " S E T B A C K 146'-5" SETBACK EXISTING T-MOBILE EQUIPMENT CABINETS INSIDE EXISTING CROWN COMPOUND TO BE REMOVED INTHEIR ENTIRETY ZONING: R1-35 ZONING: R1-35 PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LI N E 153'-0" SETBACK OVERALL SITE PLAN C REVIEW JRS MAY RCY 5/2/24 MARICOPA COUNTY 16239 E. IRONWOOD DRIVE FOUNTAIN HILLS, AZ 85268 FIRST ASSMBLY OF GOD PH21506F (BUN 824055) PRE L I M I N A R Y FOR R E V I E W ONLY 2055 S. STEARMAN DRIVE CHANDLER, AZ 85286 OFFICE: (602) 845-1722 1330 W. SOUTHERN AVE. SUITE A-102, TEMPE, ARIZONA, 85282 PHONE: (480) 638-2600 FAX: (480) 638-2852 3/21/23A ISSUED FORREVIEW JRS 4/21/23B ISSUED FORREVIEW JRS 5/2/24C ISSUED FORREVIEW JRS A-1 PAINT NOTE:NEW ANTENNAS AND MOUNTING HARDWARE, TO BE PAINTED TO MATCH EXISTING SITECONDITIONS, PER LOCAL JURISDICTIONAL REQUIREMENTS 1SITE PLAN0"40'40'20' 22"x34" SCALE: 1" = 40'-0" 11"x17" SCALE: 1" = 80'-0" 0° N O R T H 120°240° PROPOSED ENLARGED COMPOUND PLAN C REVIEW JRS MAY RCY 5/2/24 MARICOPA COUNTY 16239 E. IRONWOOD DRIVE FOUNTAIN HILLS, AZ 85268 FIRST ASSMBLY OF GOD PH21506F (BUN 824055) PRE L I M I N A R Y FOR R E V I E W ONLY 2055 S. STEARMAN DRIVE CHANDLER, AZ 85286 OFFICE: (602) 845-1722 1330 W. SOUTHERN AVE. SUITE A-102, TEMPE, ARIZONA, 85282 PHONE: (480) 638-2600 FAX: (480) 638-2852 3/21/23A ISSUED FORREVIEW JRS 4/21/23B ISSUED FORREVIEW JRS 5/2/24C ISSUED FORREVIEW JRS A-2 DEMO PLAN 1 FRONT SIDE TOP 25.2" 95 . 9 " 9.3" 6'-0" FAC E W I D T H NEW T-MOBILE ANTENNA ARRAY, (2) ANTENNAS PER SECTOR, (3)SECTORS, (6) TOTAL ANTENNAS NEW RADIO HEADS MOUNTED(STACKED) BEHIND NEW ANTENNA, TYPICAL OF (2) PER SECTOR NEW 65'-0" MONOPALM AND NEW T-MOBILE ANTENNA ARRAY - FRONDS NOT SHOWN FOR CLARITY 2' 1' 0"2' 22"x34" SCALE: 1/2" = 1'-0" 11"x17" SCALE: 1/4" = 1'-0" ANTENNA CONFIGURATION 3 2' 1' 0"2' 22"x34" SCALE: 1/2" = 1'-0" 11"x17" SCALE: 1/4" = 1'-0" ANTENNA DETAILS 2 (2) NEW T-MOBILE HCS PENDANT - CABLE(S) SHALL BE ROUTED INSIDEMONOPOLE TO ANTENNA ELEVATION 2'-4 " 4'3' 2'1' 0"4' 22"x34" SCALE: 1/4" = 1'-0" 11"x17" SCALE: 1/8" = 1'-0" N O R T H 240° 0° N O R T H 120°240° TOP FRONT SIDE 38 . 2 " 21.5"5.9" NEW ENLARGED COMPOUND PLAN 2 4'3' 2'1' 0"4' 22"x34" SCALE: 1/4" = 1'-0" 11"x17" SCALE: 1/8" = 1'-0" 0° N O R T H 120°240° 8'-0" CONCRETE PAD 12 ' - 0 " CO N C R E T E P A D EXISTING 100A SERVICE IS FEDFROM EXISTING 100A BREAKER IN EXISTING BUILDING SES 2'-5" 2' - 0 " 0° 120° EXISTING TERMINATIONFRAME AND TMAS - TMAS TO BE REMOVED EXISTING 5'-0" HIGH CMU WALL EXISTING FLAGPOLE, T-MOBILE ANTENNA ARRAY, TMA'S, AND ALL CABLING TO BE REMOVED- CAISSON TO REMAIN (3) EXISTING T-MOBILEEQUIPMENT CABINETS - TO BE REMOVED EXISTING SITE IDENTIFIERS AND EME WARNING SIGNS ARE PRESENT AND LOCATED ON COMPOUND WALL ANDPPC CABINET - RELOCATE AS REQUIRED WHEN PPC CABINET IS REPLACED EXISTING 100A T-MOBILE PPC TO BE REPLACED EXISTING DUSK TO DAWN FLAGPOLE LIGHT TO BEREPLACED EXISTING JUNCTION BOX -TO REMAIN UNCHANGED EXISTING T-MOBILE NEMA 4CABINETS - TO REMAIN UNCHANGED NEW ELECTRICAL FEED OPTIONS 1. NEW FEED FROM UTILITY COMPANY 2. REPLACE EXISTING BREAKER IN EXISTING BUILDINGS SES WITH 200A BREAKER EXISTING 5'-0" HIGH CMU WALL PROPOSED 65'-0" MONOPALM AND NEW T-MOBILE ANTENNA ARRAY - SEE ENLARGED VIEW THIS SHEETFOR ANTENNA CONFIGURATION NEW T-MOBILE EQUIPMENT CABINETSON EXISTING CONCRETE PAD EXISTING SITE IDENTIFIERS AND EME WARNING SIGNS ARE PRESENT AND LOCATED ON COMPOUND WALL ANDPPC CABINET - RELOCATE AS REQUIRED WHEN PPC CABINET IS REPLACED REPLACEMENT 200A T-MOBILE PPC ON EXISTING CMU WALL NEW T-MOBILE TECH LIGHTS ONCOMPOUND WALL, TYPICAL OF (2) EXISTING JUNCTION BOX -TO REMAIN UNCHANGED EXISTING T-MOBILE NEMA 4CABINETS - TO REMAIN UNCHANGED (2) EXISTING 6"Ø CONDUITSTO AND THROUGH EXISTING CAISSON(2) EXISTING 6"Ø CONDUITSTO AND THROUGH EXISTING CAISSON (2) NEW HCS 2.0 J-BOXES ONEXISTING COMPOUND WALL NEW LIGHT SWITCH (WITH TIMER) MOUNTED ON EXISTING CMU WALL NEW 12" WIDE CABLE BRIDGE - 6'-0" IN LENGTH ROUTE NEW CABLES ON NEW CABLE BRIDGE AND THROUGH CONDUITS INTO 'TRUNK' OFNEW MONOPALM - APPROXIMATE LENGTH = 95' NEW EXCESS FIBER BOX ON COMPOUND WALL EXISTING GRADE = 0'-0" 53 ' - 0 " T O P O F E X I S T I N G F L A G P O L E 41 ' - 0 " R A D C E N T E R O F E X I S T I N G T - M O B I L E A N T E N N A A R R A Y 49 ' - 0 " R A D C E N T E R O F E X I S T I N G T - M O B I L E A N T E N N A A R R A Y EXISTING 53'-0" FLAGPOLE TO BEREMOVED IN THEIR ENTIRETY EXISTING T-MOBILE ANTENNAARRAY, TMA'S, AND ALL CABLING / GROUNDING TO BE REMOVED EXISTING GRADE = 0'-0" NEW RADIO HEADS, (2) RADIOHEAD PER SECTOR, (3) SECTORS, (6) TOTAL RADIO HEADS NEW ANTENNA MOUNT ON NEW MONOPALM NEW ANTENNA ARRAY, (2) ANTENNAS PER SECTOR, (3)SECTORS, (6) TOTAL ANTENNAS (2) NEW HCS PENDANTS ALL NEW CABLES SHALL BE ROUTED INSIDE NEWMONOPALM 65 ' - 0 " T O P O F P R O P O S E D M O N O P A L M F R O N D S ( H I G H E S T A P P U R T E N A N C E ) 60 ' - 0 " T O P O F P R O P O S E D M O N O P A L M 56 ' - 0 " R A D C E N T E R O F P R O P O S E D T - M O B I L E A N T E N N A A R R A Y A-3 ELEVATIONS C REVIEW JRS MAY RCY 5/2/24 MARICOPA COUNTY 16239 E. IRONWOOD DRIVE FOUNTAIN HILLS, AZ 85268 FIRST ASSMBLY OF GOD PH21506F (BUN 824055) PRE L I M I N A R Y FOR R E V I E W ONLY 2055 S. STEARMAN DRIVE CHANDLER, AZ 85286 OFFICE: (602) 845-1722 1330 W. SOUTHERN AVE. SUITE A-102, TEMPE, ARIZONA, 85282 PHONE: (480) 638-2600 FAX: (480) 638-2852 3/21/23A ISSUED FORREVIEW JRS 4/21/23B ISSUED FORREVIEW JRS 5/2/24C ISSUED FORREVIEW JRS 2NEW MONOPALM ELEVATION4'3' 2'1' 0"4' 22"x34" SCALE: 1/4" = 1'-0" 11"x17" SCALE: 1/8" = 1'-0" ANTENNA CLEARANCE AND MOUNTING TO BE FIELD VERIFIED PRIOR TO CONSTRUCTION WITH FINAL ANTENNA SPECIFICATIONS, MOUNTING HARDWARE, AND RF DESIGN. ANTENNA PIPE MOUNTMODIFICATION MAY BE REQUIRED. PAINT ALL NEW ANTENNAS AND MOUNTING HARDWARE TO MATCHEXISTING, PER LOCAL JURISDICTIONAL REQUIREMENTS. IF JURISDICTION REQUIRES PAINTING:DO NOT PAINT RRHS! ADD CAMOUFLAGE SOCKS TO MASK RRHS DO NOT TRAP OR BLOCK SAFETY CLIMB WITH EITHER THE COAX OR EQUIPMENT. IF SAFETY CLIMB HAS BEEN PREVIOUSLY BLOCKED, CONTACT THE CROWN CASTLE CONSTRUCTION MANAGER SITE IS ACCESSIBLE BY MANLIFT ONLY GENERAL NOTES 1EXISTING FLAGPOLE ELEVATION Photographic SimulaƟon Site LocaƟon Map PREPARED BY: Site Name: Crown: First Assembly of God Site Number: 824055 Site Address: 16239 E Ironwood Dr, Fountain Hills, Arizona 85268 Lat/Long: 33.598267/-111.728825 Date: 09/03/2024 THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT Site Name: Crown: First Assembly of God Site Number: 824055 Date: 09/03/2024 ExisƟng View 1 Proposed View 1 PREPARED BY: THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT Site Name: Crown: First Assembly of God Site Number: 824055 Date: 09/03/2024 ExisƟng View 2 Proposed View 2 PREPARED BY: THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT Site Name: Crown: First Assembly of God Site Number: 824055 Date: 09/03/2024 ExisƟng View 3 Proposed View 3 PREPARED BY: THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT Site Name: Crown: First Assembly of God Site Number: 824055 Date: 09/03/2024 ExisƟng View 4 Proposed View 4 PREPARED BY: THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile CITIZEN PARTICIPATION PLAN CROWN CASTLE 824055 1ST ASSEMBLY OF GOD 16239 E IRONWOOD DR FOUNTAIN HILLS SPECIAL USE PERMIT Wireless Communications Facility in R1-35 Zone WCF MONOPALM & COW September 13, 2024 CITIZEN PARTICIPATION PLAN ACTIVITY & RESULTS Date Name(person, organization, etc.) Contact Format MAIL EMAIL PHONE OTHER 5/9/23 Contact NPOA for review of proposed WCF, K Robertson 480-837-5317 XX Neighborhood Notice Letter- list Obtained from Maricopa County web page, Notification Letters sent USPS . CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile Signature of Applicant reporting the communication by and between the Applicant and the notified property owners. _Michael J Campbell_ Michael J. Campbell, Campbell A&Z, LLC CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile CITIZEN PARTICIPATION PLAN Parties Affected by Application The surrounding property owners, interested parties, political jurisdictions and public agencies will all be notified of the Application in due process. The area is a rural setting with scattered housing on all four sides of the subject parcel. Notification and Information Procedures The adjacent property owners within 300’of the subject site and interested parties will be notified by the Applicant of the Application by way of 1st class US Mail. In addition, the subject parcel will be posted per the Town requirements. Response Procedures In the event that notified party responds to the public notification, their information/comments/question will be documented on the attached register. A copy of their written response will be included as well as any outgoing communications from the Applicant to the Community. Schedule for Completion The replacement WCF will be constructed upon receipt of the Building Permit as issued by the Town of Fountain Hills. The project will not be a phased project. Status Procedure The Applicant will inform the Town Staff in writing of the status of their Citizen Participation Plan efforts. CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile CITIZEN PARTICIPATION PLAN CROWN CASTLE 824055 1ST ASSEMBLY OF GOD 16239 E IRONWOOD DR FOUNTAIN HILLS SPECIAL USE PERMIT Wireless Communications Facility in R1-35 Zone WCF MONOPALM & COW September 13, 2024, December 2, 2024 CITIZEN PARTICIPATION PLAN ACTIVITY & RESULTS Date Name(person, organization, etc.) Contact Format MAIL EMAIL PHONE OTHER 5/9/23 Contact NPOA for review of proposed WCF, K Robertson 480-837-5317 XX Neighborhood Notice Letter- list Obtained from Maricopa County web page, Notification Letters sent USPS 11/20/24 Neighbor Notice address list sent to the Town on 11/20/24 XX . CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile 11/22/24 Required sign posting completed by Dynamite Signs. Photos of posted signs emailed to Town 11/25/24 XX Signature of Applicant reporting the communication by and between the Applicant and the notified property owners. _Michael J Campbell_ 12/2/24 Michael J. Campbell, Campbell A&Z, LLC CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile CITIZEN PARTICIPATION PLAN Parties Affected by Application The surrounding property owners, interested parties, political jurisdictions and public agencies will all be notified of the Application in due process. The area is a rural setting with scattered housing on all four sides of the subject parcel. Notification and Information Procedures The adjacent property owners within 300’of the subject site and interested parties will be notified by the Town of Fountain Hills by way of 1st class US Mail. Address labels provided to the Town by the Applicant 11/20/24. In addition, the subject parcel has been posted per the Town requirements by Dynnamite Signs on 11/22/24. Response Procedures In the event that notified party responds to the public notification, their information/comments/question will be documented on the attached register. A copy of their written response will be included as well as any outgoing communications from the Applicant to the Community. Schedule for Completion The replacement WCF will be constructed upon receipt of the Building Permit as issued by the Town of Fountain Hills. The project will not be a phased project. Status Procedure The Applicant will inform the Town Staff in writing of the status of their Citizen Participation Plan efforts. As of 12/2/24, the Applicant has not received any comments from the notified public. CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office “campbellaz1@earthlink.net” 602-616-8396, mobile November 1, 2024 GOOD NEIGHBOR STATEMENT A. The name & contact information of the property owner: Generation Church Fountain Hills Kyle Visconti, Executive Pastor 16239 E Ironwood Drive Fountain Hills AZ 85268 480-986-3149 B. The name & address for the business Michael J Campbell, Campbell A&Z, LLC, for Crown Castle Towers 6880 W Antelope Drive Peoria AZ 85383 602-616-8396 C. A commitment to place emergency contact information on the property in a location that is visible to the public. Crown Castle as a standard practice and requirement of their FCC issued communication license, posts their site with the emergency contact information that includes the site#, address and contact phone number. D. A statement how potentially negative impacts of the proposed use will be mitigated. The proposed use, cell tower, at 16239 E Ironwood Dr already is in place. The proposal is for a replacement cell tower design at the same location on the campus. Crown Castle will address any concerns that may arise during the entitlement process and the future operation of the facility. E. A statement regarding a process for conflict resolution. If a conflict were to occur, Crown Castle would take action in a prompt manner to communicate with the parties involved to discuss the concerns and work for an amicable resolution. F. A statement regarding steps that will be taken to integrate into the surrounding neighborhood. Crown Castle, as a long-standing leader in the telecommunications industry and tenant in good standing at the current location, has worked with the Town for a design that is acceptable and respective of its surroundings. The proposed stealth design monopalm is consistent with the area vegetation. Please contact me if you have any questions or need additional information. Sincerely, Michael J Campbell Michael J Campbell Campbell A&Z, LLC 602-616-8396 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Review of existing ordinances, resolutions, and documents associated with the provision of wireless communication services and possible direction to staff regarding an approach to revising these regulations. Staff Summary (Background) At the December 17, 2024, Town Council meeting, the Council asked for an agenda item to review a consolidated listing of the current regulations associated with providing wireless communication services. All the approved ordinances, resolutions and implementation documents are attached. In summary, the current regulations include: Zoning Ordinance Chapter 17 provides the regulations for all wireless communication towers not in the public right-of-way. This includes towers on private property and town-owned land. Section 17.04 lists the types of applications and Section 17.05 provides the application submittal, review, and processing requirements for each application type. Town Code Chapter 16, Article 16-2, (adopted through Resolution 2018-03) provides the basic regulations and procedures for any small cell wireless facility located in the public right-of-way. These regulations were placed in this part of the Town Code because, due to the State preemption, they are not subject to zoning regulations and they are part of the infrastructure that can be placed in the right-of-way. The regulations in this Article are primarily implemented through several related documents as adopted by Resolution 2018-18. This Resolution includes the following documents: Wireless Facilities License Agreement. This agreement sets the terms for the wireless provider's use of the Town right-of-way and requires approval of an encroachment agreement. Wireless Facilities Standard Terms and Conditions. This document covers a wide range of issues related to the use of the right-of-way, processing of an application, placing of equipment, maintenance, etc. Small Wireless Facilities in the Right-of-Way Design Standards and Guidelines. This document sets standards and provides guidelines based on the type of tower being used for the wireless communication. Wireless Facility Irrevocable Letter of Credit Template. This provides a means for the Town to obtain payment for any expenses incurred by the Town from the installation, operation, or maintenance of the small cell wireless facility. Assumption of Wireless Facility License Agreement. This would be used if a new operator acquires an established small cell wireless facility. Fees associated with encroachment permits. Town Code Chapter 16, Article 16-3, provides the standards for Utility Service Antennas located in the public right-of-way. These regulations were adopted at the time of the update to Zoning Ordinance Chapter 17 to address the wireless communication towers being erected by utility companies in the Town's rights-of-way to provide communication within their system. (Utility service antennas located on private property are addressed in Zoning Ordinance Chapter 17.) The Town's ability to regulate small cell towers in the right-of-way has been pre-empted by state statutes. It was in response to the state's regulations that the Town adopted Section 16-2 of the Town Code. The state statutes regulating small cell towers in the right-of-way are also attached to assist the Council in reviewing this topic. As part of the September 4, 2024, staff report and presentation on updating Chapter 17, Wireless Communication Towers and Antenna, of the Zoning Ordinance, staff included the following future options for Council consideration: Modifications to the rules and regulations for small cell wireless facilities in the right of way. Making a distinction in the regulations between voice and broadband services. In a review of ordinances and regulations, including the draft ordinance from the consultant hired by the Town, staff did not find any distinctions being made in how these two types of service are handled differently in other tower and antenna ordinances. Any effort to provide a distinction between these two types of service would require hiring a technical expert. Exploring the options and opportunities to develop a comprehensive underground broadband network. It is understood that the most reliable broadband service comes through an underground fiber optic network. This option would also necessitate hiring a consultant familiar with this industry. Staff is ready to follow the direction of the Council to address this topic. As the Council considers next steps and provides direction to staff, staff suggests that the Council discuss: (1) the topics which need to be considered to address concerns to provide clarity (wireless communications generally, 5G, cell phone service, broadband, need for underground services, etc.); (2) whether to designate a member of the Council to serve as the primary point of contact/designee and to interface with staff on this matter; and, (3) whether the Town would benefit from retaining the services of a consultant to work with staff and the Council designee on any future projects related to this matter. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Chapter 17 Town Code Chapter 16, Articles 16-2 and 16-3 Resolution 2018-18 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff is seeking direction from Council on how to proceed with this topic. Therefore, no recommendations are being made at this time. SUGGESTED MOTION A motion is not necessarily needed at this time; the Council could simply direct staff in next steps regarding further investigation and discussion of this topic for future agendas. Possible motions for Council consideration are: MOVE to designate a councilmember as a point of contact on this topic. MOVE to direct staff to begin the process of finding one or more consultants to assist in the process of reviewing this topic. Attachments Zoning Ordinance Chapter 17 Town Code Article 16-2 Town Code Article 16-3 Resolution 2018-03 Resolution 2018-18 State Statutes Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 01/02/2025 08:23 AM Town Attorney Aaron D. Arnson 01/09/2025 01:57 PM Town Manager Rachael Goodwin 01/10/2025 11:29 AM Development Services Director (Originator)John Wesley 01/13/2025 10:45 AM Town Manager Rachael Goodwin 01/14/2025 02:41 PM Form Started By: John Wesley Started On: 12/19/2024 02:04 PM Final Approval Date: 01/14/2025 Chapter 17 Wireless Telecommunications Towers and Antennas Section 17.01 Purpose, Intent, and Applicability A. The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to: 1. Protect residential areas and land uses from potential adverse impacts of towers and antennas; 2. Encourage the location of towers in nonresidential areas; 3. Minimize the total number of towers throughout the community; 4. Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; 5. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; 6. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; 7. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; 8. Consider the public health and safety of communication towers; and 9. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, Town of Fountain Hills shall give due consideration to the Town of Fountain Hills General Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. B. It is the intent of this chapter: 1. That no wireless communication towers or antenna be sited, constructed, reconstructed, installed, materially changed, expanded, or used unless in conformity with this chapter. 2. To achieve a balance between the need to provide wireless services with the health, safety, and general welfare of the residents of Fountain Hills by balancing four (4) simultaneous objectives: Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 1 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. a. Enabling personal wireless service providers to provide adequate personal wireless services throughout the Town so that Town residents can enjoy the benefits of same from any FCC-licensed wireless carrier from which they choose to obtain such services; b. Minimizing the number of cell towers and/or other personal wireless service facilities needed to provide such coverage; c. Preventing, to the greatest extent reasonably practical, any unnecessary adverse impacts upon the Town’s communities, residential areas, and individual homes; and d. Complying with all the legal requirements which the Telecommunications Act of 1996, as amended (“TCA”) imposes upon the Town, when the Town receives, processes and determines applications seeking approvals for the siting, construction and operation of cell towers and/or other personal wireless service facilities. C. Applicability. New Towers and Antennas. All new towers or antennas in Town of Fountain Hills shall be subject to these regulations. The following exceptions apply: 1. Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only operations. 2. Pre-existing Towers or Antennas. Legally established pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this chapter, other than the requirements of Sections 17.06(B)(1) and 17.06(C). 3. AM Array. For purposes of implementing this chapter, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. 4. Small Cell Towers in the Right-of-Way. Wireless communication towers and antenna meeting the definition of small wireless facilities as contained in A.R.S. 9-591 are subject to the requirements of Article 16-2, Small Wireless Facilities, of the Town Code. 5. Mobile or Temporary Towers. Mobile wireless facilities, when placed on site for seven (7) consecutive days or less, provided any necessary building permit or encroachment permit is obtained. 6. Utility Service Antennas in the Right-of-Way. Utility service antennas as defined in this chapter placed in the public right-of-way are subject to the requirements of Article 16-3, Utility Service Antenna, of the Town Code. (24-08, Amended, 09/04/2024, Deleted and replaced) Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 2 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. Section 17.02 Definitions As used in this chapter, the following terms shall have the meanings set forth below: “Alternative tower structure” means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. “Antenna” means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. “Backhaul network” means the lines that connect a provider’s towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. “Existing structure” means light poles, power poles, chimneys, billboards, and other similar structures, which are placed, within the Town at the time of adoption of this chapter, except existing buildings. “FAA” means the Federal Aviation Administration. “FCC” means the Federal Communications Commission. “Height” means, when referring to a tower or other structure, the vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade when such structure is not located in a platted subdivision. If the structure is located in a platted subdivision, the height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot’s grading plans (whichever is lower), to the highest point of the structure directly above the finished grade. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. “Pre-existing towers and pre-existing antennas” means any tower or antenna for which a building permit has been properly issued prior to the effective date of the ordinance codified in this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also includes the structure and any support thereto. “Utility service antennas” means antenna placed on or near utility boxes, poles, switches, storage tanks, etc., and used by a utility provider to facilitate the operation of the utility system. “Wireless communication” means the transmission of voice or data without cable or wires. “Wireless communication facility” means wireless communication facilities including, but not limited to, facilities that transmit and/or receive electromagnetic signals for cellular radio telephone service, personal communications Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 3 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. services, enhanced specialized mobile services, paging systems, and related technologies. Such facilities also include antennas, microwave dishes, parabolic antennas, and all other types of equipment used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development used for the provision of personal wireless services. These facilities do not include radio and television broadcast towers and government-operated public safety networks. (24-08, Amended, 09/04/2024, Deleted and replaced) Section 17.03 Requirements A. General Requirements. 1. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. 2. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. 3. Aesthetics. Towers and antennas shall meet the following requirements: a. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. d. The choice of design for installing a new wireless communication facility or the substantial modification of an existing wireless communication facility shall be chosen to minimize the potential adverse impacts that the new or expanded facility may, or is likely to, inflict upon nearby properties. Stealth designs such as mono-palms or flagpoles should be utilized to camouflage the pole and antennas. e. Accessory Structures. i. Accessory structures shall maximize the use of building materials, colors, and textures designed to blend with the natural surroundings. The use of camouflage communications towers Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 4 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. may be required by the Council to blend the communications tower and/or its accessory structures further into the natural surroundings. “Camouflage” is defined as the use of materials incorporated into the communications tower design that give communications towers the appearance of tree branches and bark coatings, church steeples and crosses, sign structures, lighting structures, or other similar structures. ii. Accessory structures shall be designed to be architecturally similar, compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for housing equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one (1) building. iii. No portion of any telecommunications tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to the company name, phone numbers, banners, and streamers, except the following. A sign of no greater than 2 square feet indicating the name of the facility owner(s) and a twenty-four (24) hour emergency telephone shall be posted adjacent to any entry gate. In addition, “no trespassing” or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of the Town. f. Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of the terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline, as seen from public ways. g. Existing Vegetation. Existing vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this chapter prior to the approval of the application. h. Screening. i. Tree plantings may be required to screen portions of the telecommunications tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. The standard buffer shall consist of a landscaped strip at least 4 feet wide outside the perimeter of the compound. Additional palm trees may be required to accompany towers which use a palm tree stealth design. ii. Where a site adjoins a residential property or public property, including streets, screening suitable in type, size and quantity shall be required by the Town Council. iii. The applicant shall demonstrate to the approving board that adequate measures have been taken to screen and abate noise emanating from on-site equipment, including but not limited to heating and ventilating units, air conditioners, and emergency power generators. Telecommunications towers shall comply with all applicable sections of this chapter as it pertains to noise control and abatement. i. Utility Services Antennas. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 5 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. i. If placed on another utility structure such as a water tower, the antenna shall be painted to blend with the building or equipment it is placed on. ii. If a separate tower structure is used, the design shall comply with the provisions in this section. 4. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. 5. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Town of Fountain Hills irrespective of municipal and county jurisdictional boundaries. 6. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. 7. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Town of Fountain Hills have been obtained and shall file a copy of all required franchises with the Community Development Director. 8. Signs. No signs other than those required by law shall be allowed on an antenna or tower. 9. Co-location and Multiple Antenna/Tower Plan. The Town of Fountain Hills encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications, which utilize co-location with an existing wireless telecommunications provider. Applications for approval of multiple sites or for co-location with an existing provider shall be given priority in the review process. 10. Security fencing. Towers shall be enclosed by security fencing not less than 6 feet in height and no more than 8 feet in height, shall be constructed of a block or masonry, and shall be equipped with an appropriate anti-climbing device; provided, however, that the Town Council may waive such requirements, as it deems appropriate. 11. Noise. Submission of applications for towers and associated equipment shall include noise and acoustical information, prepared by a qualified firm or individual, for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and backup generators. The Town may require the applicant to incorporate appropriate noise baffling materials and/or strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations contained in Section 11-1-7 of the Town Code. 12. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Arizona licensed professional engineer. 13. Application approval issued under this chapter shall be conditioned upon verification by the Town Engineer or designee that such tower structure is structurally sound. Such verification shall be received by the applicant prior to submission. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 6 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. B. Minimum Setbacks and Separations. 1. Setbacks From Property Lines. Except for utility service antennas, the following setback requirements shall apply to all towers; provided, however, that the Town Council may reasonably reduce the standard setback requirements if the goals of this chapter would be better served thereby: a. Towers must be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line; provided, however, that the setback distance shall be increased as required to comply with the separation distances from residential uses in accordance with Table 1 set forth below. b. Accessory buildings must satisfy the minimum zoning district setback requirements. 2. Separations From Adjacent Uses. Except for utility service antennas, the following separation requirements shall apply to all towers and antennas; provided, however, that the Town Council may reasonably reduce the standard separation requirements if the goals of this chapter would be better served thereby. a. Separation From Off-Site Uses/Designated Areas. i. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1. ii. Separation requirements for towers shall comply with the minimum standards established in Table 1. Table 1. Separation Requirements From Offsite Uses/Areas Off-Site Use/Designated Area Separation Distance Single-family or duplex residential buildings1 200 feet or 300% of tower height, whichever is greater Vacant single-family or duplex residentially zoned land which is either platted or has preliminary plat approval which is not expired2 200 feet or 300% of tower height, whichever is greater2 Vacant unplatted residentially zoned lands3 100 feet or 100% of tower height, whichever is greater Existing multifamily residential units greater than duplex units 100 feet or 100% of tower height, whichever is greater Nonresidentially zoned lands or nonresidential uses None, only setbacks apply 1 Includes modular homes and mobile homes used for living purposes. Separation measured from base of tower to the closest building wall. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 7 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. 2 Separation measured from base of tower to closest building setback line. 3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan and any multifamily residentially zoned land greater than a duplex. b. Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2. Table 2. Separation Distances Between Towers Monopole 65 ft. in height or greater Monopole less than 65 ft. in height but greater than 40 ft. in height Monopole less than 40 ft. in height Monopole 65 ft. in height or greater 2,000 feet 1,500 feet 1,000 feet Monopole less than 65 ft. in height but greater than 40 ft. in height 1,500 feet 1,500 feet 1,000 feet Monopole less than 40 ft. in height 1,000 feet 1,000 feet 750 feet C. Buildings or Other Equipment Storage. 1. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following: a. The cabinet or structure shall not contain more than 120 square feet of gross floor area or be more than 8 feet in height and shall be located on the ground. b. Equipment storage buildings or cabinets shall comply with all applicable building codes. 2. Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: a. In residential districts, the equipment cabinet or structure may be located: i. In a required front yard or required street side yard, provided the cabinet structure is no greater than 3.5 feet in height and 20 square feet of gross floor area and the cabinet/structure is located a minimum of 3 feet from all lot lines. The cabinet/structure shall be screened by sight obscuring landscaping which obscures at least ninety-five percent (95%) of the structure at planting Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 8 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. and throughout the duration of the cabinet or structure’s existence with an ultimate height not to exceed forty-two (42) inches. ii. In a required rear yard, provided the cabinet or structure is no greater than 5 feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by sight obscuring landscaping which obscures at least ninety-five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure’s existence with an ultimate height of 6 feet. iii. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet or structure. b. In commercial or industrial districts the equipment cabinet or structure shall be no greater than 14 feet in height or 300 square feet in gross floor area. The structure or cabinet shall be screened by sight- obscuring landscaping with an ultimate height of 16 feet and a planted height of at least 6 feet. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet or structure. Such access way shall not face residentially zoned property. 3. Modification of Building Size Requirements. In the case of wireless facilities considered by the Town Council, the requirements of subsections (C)(1) and (C)(2) of this section may be modified by the Town Council to address site specific conditions and requirements. D. Co-location. 1. Any new telecommunications tower shall be designed to accommodate future shared use by other communications providers. Design considerations shall include sufficient area for additional ground equipment, structural design of the tower, and sufficient electrical power available for the load of at least two (2) additional wireless service providers. 2. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co-locating wireless telecommunications facilities on the same support structures or site, if the Town so requests. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co- location or financial burden caused by sharing such information normally will not be considered as an excuse to comply with this section. 3. Third Party Technical Review. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Town may require the applicant to obtain a third-party technical study at the applicant’s expense. The Town may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised. 4. Exceptions. No co-location may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 9 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. 5. Violation; penalty. Failure to comply with co-location requirements when feasible may result in denial of a permit request or revocation of an existing permit. (24-08, Amended, 09/04/2024, Deleted and replaced) Section 17.04 Application Types A. Administrative. The following types of applications are processed administratively by staff: 1. Applications to change or modify an existing administratively approved wireless communication facility that remains in compliance with all chapter requirements. 2. Applications to change or modify an existing wireless communication facility approved through public review; provided, that the modification will not: a. Increase the approved height of the supporting structure by more than ten percent (10%) or 20 feet, whichever is greater; b. Cause the original approved number of antennas to be exceeded by more than fifty percent (50%); c. Increase the original approved square footage of accessory buildings by more than 200 square feet; d. Add new, additional, or larger microwave antenna dishes; e. Expand the footprint of said support structure; or f. Potentially cause significant adverse impacts on the existing support structure or the surrounding area. 3. Applications for co-location of additional antenna for an additional service provider on an existing administratively approved tower that remains in compliance with all chapter requirements. 4. Applications for co-location of additional antenna for an additional service provider on an existing tower approved through public review; provided, that the modification will not: a. Increase the approved height of the supporting structure by more than ten percent (10%) or 20 feet, whichever is greater; b. Cause the original approved number of antennas to be exceeded by more than fifty percent (50%); c. Increase the original approved square footage of accessory buildings by more than 200 square feet; d. Add new, additional, or larger microwave antenna dishes; e. Expand the footprint of said support structure; or f. Potentially cause significant adverse impacts on the existing support structure or the surrounding area. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 10 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. 5. Applications for new utility service antenna that comply with the height and setback requirements of the zoning district in which they are located. 6. Applications for mobile or temporary wireless facilities for more than seven (7) consecutive days. 7. Applications for new towers in the following locations: a. Town property with the tower located at least 300 feet from a residential zoning boundary. b. On commercial, industrial, utility, or lodging zoned property and located at least 300 feet from a residential zoning boundary. c. Alternative tower structures when such structures and their accompanying equipment are appropriately blended into the surrounding terrain, are within the height limitations of the underlying zoning district and are at least 300 feet from a residential zoning boundary. B. Public Review. 1. Any new tower or modification to existing towers or antennas that do not meet the requirements in subsection (A) of this section for administrative review shall require review and approval as provided in subsection 17.05(C)(2). Any new tower not meeting the setback or separation requirements in Section 17.03(B). (24-08, Amended, 09/04/2024, Deleted and replaced) Section 17.05 Application Submittal, Review, and Processing A. General. The following provisions shall govern the review of all wireless communication facility applications: 1. Complete Application. Applications for wireless communication facilities shall be filed electronically on the Town’s website by an owner of real property and shall contain the area proposed for the wireless communication facility using the process established by the Director for such applications. All such applications shall include the information required in this section. Applications filed on behalf of the property owner by a third party shall include a statement from the property owner authorizing the submittal of the application. 2. Applications shall include documentation of compliance with items listed in Section 17.03(A) as applicable to the application submitted. 3. Inventory of Existing Sites. Each applicant for a new tower or co-location of new antenna on an existing tower shall provide to the Development Services Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Town of Fountain Hills or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower. Each applicant shall also provide a one (1) year build-out plan for all other wireless communications facilities within the Town. The Development Services Director may share such information with other applicants applying for administrative approvals or special use permits under this chapter or with Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 11 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. other organizations seeking to locate antennas within the jurisdiction of Town of Fountain Hills; provided, however, that the Development Services Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. 4. Utility Service Antennas. a. If the antenna complies with the height requirements of the underlying zoning district, the plans for the antenna will be reviewed and approved with the overall site development plans if the site is being developed concurrently. If the antenna is being added to an existing utility site, the plans will be reviewed and processed consistent with the requirements of subsection (C)(2) of this section. b. If the antenna does not comply with the height requirements of the underlying zoning district, the plans for the antenna will be reviewed and processed consistent with the requirements of subsection (C)(3) of this section. 5. Applications Using Existing Towers. a. Dimensioned, to-scale drawings showing the existing and proposed antenna on the tower including the height of the tower and the antennas. b. The number and type of existing and proposed antennas. c. Engineering calculations documenting the structural changes and certifying the tower’s ability to carry the new antennas. d. Dimensioned, to-scale drawings illustrating modification of ground equipment, if any. 6. Applications Using New Towers – Information Required. In addition to any information required for applications for special use permits pursuant to Chapter 2, Section 2.02, applicants for a new wireless facility shall submit the following information: a. A site plan as required in Section 2.04 plus zoning, General Plan classification of the site and all properties within the applicable separation distances set forth in Section 17.03(B)(1), adjacent roadways, proposed means of access, elevation drawings of the proposed tower and any other structures, photo simulations showing the tower in the proposed location from at least four (4) directions, and other information deemed by the Development Services Director to be necessary to assess compliance with this chapter. b. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties. c. The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 17.03(B)(2) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 12 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. d. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination. e. A description of compliance with Sections 17.03(A)(3), 17.03(A)(4), 17.03(A)(5), 17.03(A)(7), 17.03(A)(8), 17.03(A)(9), 17.03(A)(10), 17.03(A)(11), 17.03(B), subsection (A)(3) of this section, Sections 17.06(A) and 17.06(B) and all applicable federal, state or local laws. f. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. g. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. h. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower. i. A description of the feasible alternative location(s) of future towers or antennas within the Town of Fountain Hills based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. j. A statement of compliance with Federal Communications Commission (FCC) radio frequency (RF) exposure standards. 7. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. B. Shot Clocks and Tolling. To comply with the requirements of Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA, the following shot clock periods set forth hereinbelow shall be presumed to be reasonable periods within which the Town shall render determinations upon applications for wireless communication facilities. The Town shall render determinations upon such applications within the periods set forth hereinbelow, unless the applicable shot clock period listed below is tolled, extended by agreement or the processing of the application is delayed due to circumstances beyond the Town’s control. 1. Application Shot Clocks. a. Receipt of Initial Application. Upon receipt of an application, the Development Services Director, or designee, shall review the application for completeness. If the Director determines the application is: (i) incomplete, (ii) missing required application materials, (iii) is the wrong type of application, or (iv) is otherwise defective, then, within ten (10) days for administrative applications and thirty (30) days for public hearing applications of the Town’s receipt of the application, the Director, or their designee, shall notify the applicant of the finding and state what is needed to have a complete application. The notice of incompleteness shall toll the shot clock, which shall not thereafter resume running unless and until the applicant tenders an additional submission to the Director to remedy the issues identified Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 13 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. in the notice of incomplete application. The submission of any responsive materials by the applicant shall automatically cause the shot clock period to resume running. If upon receipt of any additional materials from the applicant, the Director determines that the application is still incomplete and/or defective, then the Director shall, once again notify the applicant within ten (10) days for administrative applications and thirty (30) days for public hearing applications of the applicant having filed its supplemental or corrected materials to the Town and the shot clock shall once again be tolled, and the same procedure provided for hereinabove shall be repeated. b. Application Review. The shot clock for administrative applications which do not involve new towers is ninety (90) days. The shot clock for administrative applications with new towers and public review applications is one hundred fifty (150) days. 2. Shot Clock Tolls, Extensions and Reasonable Delay Periods. Consistent with the letter and intent of Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA, each of the shot clock periods set forth within subsection (B) of this section shall generally be presumed to be sufficient periods within which the Town shall render decisions upon applications. Notwithstanding the same, the applicable shot clock periods may be tolled, extended by mutual agreement between any applicant and/or its representative and the Town, and the Town shall not be required to render its determination within the shot clock period presumed to be reasonable for each type of application, where the processing of such application is reasonably delayed, as described hereinbelow. a. Tolling of the Applicable Shot Clock Due to Incompleteness and/or Applicant Error. As provided for within subsection (B)(1) of this section, in the event that the Development Services Director deems an application incomplete, the Director shall send a notice of incompleteness to the applicant to notify the applicant that its application is incomplete and/or contains material errors, and shall reasonably identify the missing information and/or documents and/or the error(s) in the application. If the Director sends a notice of incompleteness as described hereinabove, the applicable shot clock shall automatically be tolled, meaning that the applicable shot clock period within which the Town is required to render a final decision upon the application shall immediately cease running, and shall not resume running, unless and until the Town receives a responsive submission from the applicant. If and when the applicant thereafter submits additional information in an effort to complete its application, or cure any identified defect(s), then the shot clock shall automatically resume running, but shall not be deemed to start running anew. The applicable shot clock period shall, once again, be tolled if the Director thereafter provides a second notice that the application is still incomplete or defective, despite any additional submissions which have been received by the Town, from the applicant, up to that point. b. Shot Clock Extension by Mutual Agreement. The Town shall be free to extend any applicable shot clock period by mutual agreement with any respective applicant. This discretion on the part of the Town shall include the Town’s authority to request, at any time, and for any period of time the Town may deem Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 14 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. reasonable or appropriate under the circumstances, consent from a respective applicant to extend the applicable shot clock period to enable the Town, the applicant, or any relevant third party, to complete any type of undertaking or task related to the review, analysis, processing, and determination of the particular application, which is then pending before the Town, to the extent that any such undertaking, task, or review is consistent with, or reasonably related to, compliance with any federal, state, or local law and/or the requirements of any provision of the Town Code, including but not limited to this chapter. In response to any request by the Town, the applicant, by its principal, agent, attorney, site acquisition agent, or other authorized representative, can consent to any extension of any applicable shot clock by affirmatively indicating its consent either in writing or by affirmatively indicating its consent on the record at any public hearing or public meeting. The Town shall be permitted to reasonably rely upon a representative of the applicant indicating that they are authorized to grant such consent on behalf of the respective applicant, on whose behalf they have been addressing the Town within the review process. c. Reasonable Delay Extensions of Shot Clock Periods. The Town recognizes that there may be situations wherein, due to circumstances beyond the control of the Town and/or the Town Council, the review and issuance of a final decision upon an application for a wireless communication facility cannot reasonably be completed within the application shot clock periods delineated within subsection (B) of this section. If, despite the exercise of due diligence by the Town, the determination regarding a specific application cannot reasonably be completed within the applicable shot clock period, the Town shall be permitted to continue and complete its review and issue its determination at a date beyond the expiration of the applicable period, if the delay of such final decision is due to circumstances including, but not limited to, those enumerated hereinbelow, each of which shall serve as a reasonable basis for a reasonable delay of the applicable shot clock period. i. In the event that the rendering of a final decision upon an application under this chapter is delayed due to natural and/or unnatural events and/or forces which are not within the control of the Town, such as the unavoidable delays experienced in government processes due to the COVID 19 pandemic, and/or mandatory compliance with any related federal or state government orders issued in relation thereto, such delays shall constitute reasonable delays which shall be recognized as acceptable grounds for extending the period for review and the rendering of final determinations beyond the period allotted under the applicable shot clock. ii. In the event that applicant tenders eleventh-hour submissions to the Town in the form of (a) expert reports, (b) expert materials, and/or (c) materials which require a significant period for review due either to their complexity or the sheer volume of materials which an applicant has chosen to provide to the Town at such late point in the proceedings, the Town shall be afforded a reasonable time to review such late-submitted materials. If reasonably necessary, the Town shall be permitted to retain the services of an expert consultant to review any late-submitted expert reports which were provided to the Town, even if such review or services extend beyond the applicable shot clock period, so long as the Town completes such review and retains and secures such expert services within a reasonable period of time thereafter Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 15 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. and otherwise acts with reasonable diligence in completing its review and rendering its final decision. C. Review and Processing of Applications. 1. Conformity to the following shall be considered in review of all applications: a. The application is consistent with the objectives of this chapter. b. The height of the proposed tower. c. The adequacy of the proposed site, considering such factors as the sufficiency of the size of the site to comply with the established criteria, the configuration of the site, and the extent to which the site is formed by logical boundaries (e.g., topography, natural features, streets, relationship of adjacent uses, etc.) that provide for the ability to comply with the provisions of this chapter. d. The extent to which the proposal responds to the impact of the proposed development on adjacent land uses, especially in terms of visual impact. e. The extent to which the proposed telecommunications facility is camouflaged (i.e., use of stealth technology). f. The extent to which the proposed facility is integrated with existing structures (i.e., buildings, signs, utility poles, etc.) with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. g. An applicant’s compliance with all town requirements with respect to previous applications. 2. Review of Administrative Applications. a. Administrative applications will be reviewed by staff using the Town’s standard building permit review processes. b. Applications for new towers shall provide staff with the same information as required in subsection (C)(3) of this section for public review applications. c. Applications for mobile or temporary wireless facilities which remain in place for more than seven (7) consecutive days must submit a request for a temporary use permit as provided in Section 2.03. 3. Review and Processing of Public Review Applications. a. Applications which require public review and approval on private property will be processed as special use permits and follow the requirements listed in Section 2.02 for special use permits. Applications on Town owned property will not require a special use permit but will follow the same requirements for notice for review by the Town Council. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 16 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. b. In addition to the factors listed in subsection (C)(1) of this section for review of applications, public review applications will also be subject to the standards for consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this chapter. c. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the Town Council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following: i. No existing towers or structures are located within the geographic area, which meet applicant’s engineering requirements. ii. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements. iii. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment. iv. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna. v. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. vi. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. vii. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/ receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. viii. If the applicant asserts a claim that a proposed facility is necessary to remedy one (1) or more existing significant gaps in an identified wireless carrier’s personal wireless services, the Council may require the applicant to provide drive-test generated coverage maps, as opposed to computer- generated coverage maps, for each frequency at which the carrier provides personal wireless services, to show signal strengths in bins of three (3) DBM each, to enable the Council to assess the existence of such significant gaps accurately, and/or whether the carrier possesses adequate coverage within the geographic area which is the subject of the respective application. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 17 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. 4. In granting a permit, the Town may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. (24-08, Amended, 09/04/2024, Deleted and replaced) Section 17.06 Maintenance and Operation A. Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of ninety (90) days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Town of Fountain Hills notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day period shall be grounds to remove the tower or antenna at the owner’s expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period. B. State or Federal Requirements. 1. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense. 2. To ensure continuing compliance with such limits by all owners and/or operators of wireless communication facilities within the Town, all owners, and operators of wireless communication facilities shall submit reports as required by this section. As set forth hereinbelow, the Town may additionally require, at the owner and/or operator’s expense, independent verification of the results of any analysis set forth within any reports submitted to the Town by the owner and/or operator. a. Certification of Compliance with Applicable RF Radiation Limits. Within forty-five (45) days of initial operation or a substantial modification of a wireless communication facility, the owner and/or operator of each telecommunications antenna shall submit to the Development Services Director a written certification by a licensed professional engineer, sworn to under penalties of perjury, that the facility’s radio frequency emissions comply with the limits codified within 47 CFR §1.1310(e)(1), Table 1 Sections (i) and (ii), as made applicable pursuant to 47 CFR §1.1310(e)(3). The engineer shall also measure the emissions of the approved wireless facility, including the cumulative impact from other nearby wireless facilities, and determine if such emissions are within the limits described hereinabove. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 18 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. A report of these measurements and the engineer’s findings with respect to compliance with the FCC’s maximum permissible exposure (MPE) limits shall be submitted to the Development Services Director. If the report shows that the facility does not comply with applicable limits, then the owner and/or operator shall cease operation of the facility until the facility is brought into compliance with such limits. Proof of compliance shall be a certification provided by the engineer who prepared the original report. The Town may require, at the applicant’s expense, independent verification of the results of the analysis. b. Random RF Radiofrequency Testing. At the operator’s expense, the Town may retain an engineer to conduct random unannounced RF radiation testing of such wireless facilities to ensure the facility’s compliance with the limits codified within 47 CFR §1.1310(e)(1) et seq. The Town may cause such random testing to be conducted as often as the Town may deem appropriate. However, the Town may not require the owner and/or operator to pay for more than one (1) test per facility per calendar year unless such testing reveals that one (1) or more of the owner and/or operator’s facilities are exceeding the limits codified within 47 CFR §1.1310(e)(1) et seq., in which case the Town shall be permitted to demand that the wireless facility be brought into compliance with such limits, and to conduct additional tests to determine if, and when, the owner and/or operator thereafter brings the respective wireless facility and/or facilities into compliance. 3. Actions for Noncompliance. If the Town at any time finds that there is good cause to believe that a wireless communication facility and/or one (1) or more of its antennas are emitting RF radiation at levels in excess of the legal limits permitted under 47 CFR §1.1310(e)(1) et seq., then a hearing shall be scheduled before the Town’s Zoning Administrator at which the owner and/or operator of such facility shall be required to show cause why any and all permits and/or approvals issued by the Town for such facility and/or facilities should not be revoked, and a fine should not be assessed against such owner and/or operator. The owner and/or operator shall be afforded not less than two (2) weeks’ written notice of the hearing. At such hearing, the burden shall be on the Town to show that, by a preponderance of the evidence, the facilities emissions exceeded the permissible limits under 47 CFR §1.1310(e)(1) et seq. In the event that the Town establishes same, the owner and/or operator shall then be required to establish, by clear and convincing evidence, that a malfunction of equipment caused their failure to comply with the applicable limits through no fault on the part of the owner/operator. If the owner and/or operator fails to establish same, the Town shall have the power to revoke any permit, building permit, and/or any other form of approval(s) which the Town Council or any other representative of the Town may have then issued to the owner and/or operator, for the respective facility. The Zoning Administrator may revoke an administrative approval. The decision of the Zoning Administrator may be appealed to the Town Manager. If the tower or antenna was approved by the Town Council, revocation will be considered by the Town Council in the same manner as the original approval. In addition, the Town may issue a civil citation for noncompliance as provided in Section 1-8-3 of the Town Code. Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 19 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. In the event that an owner or operator of one (1) or more wireless communication facility is found to violate subsection (B)(1) of this section three (3) or more times within any five (5) year period, then in addition to revoking any zoning approvals for the facilities which were violating the limits codified in 47 CFR §1.1310(e)(1) et seq., the Town Council shall render a determination within which it shall deem the owner/operator prohibited from filing any applications for any new wireless personal services facilities within the Town for a period of five (5) years. C. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town of Fountain Hills concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense. D. Noise. Wireless facilities and all related equipment must comply with all noise regulations and shall not exceed such regulations, either individually or collectively. Backup generators shall only be operated during power outages and/or for testing and maintenance purposes between the hours of 9:00 a.m. and 4:00 p.m. (24-08, Amended, 09/04/2024, Deleted and replaced) Section 17.07 Nonconforming Uses A. Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this chapter. C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other provisions of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit and without having to meet the separation requirements specified in Section 17.03. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a monopole structure only. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 17.06(A). (24-08, Amended, 09/04/2024, Deleted and replaced) Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 20 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Hosted by General Code. Section 17.08 Reserved Section 17.09 Reserved Section 17.10 Reserved Section 17.11 Reserved Ch. 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 21 of 21 The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024. 16-2-1 16-2-2 16-2-3 16-2-4 Article 16-2 Small Wireless Facilities Sections: Purpose Definitions Small Wireless Facilities in the Public Right-of-Way Rates and Fees Section 16-2-1 Purpose The intent and purpose of this article is to facilitate the development and installation of small wireless facilities in the Town of Fountain Hills to supplement existing wireless communications networks and to increase capacity in high demand areas, while simultaneously promoting and preserving the health, safety, and general welfare of the residents of the Town and protecting and preserving the aesthetic qualities of the natural and built environment of the Town. Through this article, the Town seeks to balance the need for increased wireless communications capacity with the need for reasonable standards to preserve the aesthetic values of the Town and to ensure the safe placement of small wireless facilities. (18-01, Added, 02/20/2018) Section 16-2-2 Definitions The definitions contained in A.R.S. § 9-591 are incorporated by this reference and shall apply to this article as if fully set forth here. (18-01, Added, 02/20/2018) Section 16-2-3 Small Wireless Facilities in the Public Right-of-Way This section permits the installation of small wireless facilities in the right-of-way subject to the following requirements: A. No monopoles, utility poles associated with small wireless facilities, or small wireless facilities shall be collocated, installed, modified, or replaced in the public right-of-way unless the following requirements are met: 1. The applicant participates in a pre-application conference with the Department of Development Services; 2. An Application is submitted to and approved by the Town pursuant to this section; 3. All Town requirements as set forth in this article are met; Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code Page 1 of 3 The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024. 4. All other applicable codes and requirements are met; 5. A Wireless Facility License Agreement is signed; and 6. A Wireless Facility Encroachment Permit issued. B. The collocation, installation, modification, maintenance, and replacement of monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right-of-way shall be subject to and comply with reasonable requirements, including the Wireless Facilities Standard Terms and Conditions, the Town’s Design Standards and Guidelines, and any site-specific requirements developed based upon consultation with the Town through the site review and permitting process. C. The Development Services Department shall prescribe and provide a regular form of Application for use by applicants for the collocation, installation, modification, maintenance, and replacement of monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right-of-way. The Application shall include such information and details as the Department deems necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed monopoles, utility poles, or small wireless facilities in the public right-of-way. D. The Application shall be accompanied by maps, sketches, diagrams or similar exhibits. The accompanying materials shall be of the size and in the quantity prescribed by the Development Services Department and of sufficient clarity to illustrate the location, dimensions, nature and purpose of the proposed monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right-of-way and its relation to existing and proposed facilities in the right-of-way. E. No changes shall be made in the location, dimensions, character or duration of the monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right-of-way as granted by the permit except upon written authorization of the Development Services Department. F. Approval of an Application is contingent upon the applicant demonstrating compliance with the Wireless Facilities Standard Terms and Conditions, the Town’s Design Standards and Guidelines, and any site-specific requirements developed based upon consultation with the Town through the site review and permitting process. G. An applicant may appeal denial of an Application to the Town Council by following this procedure: Within seven calendar days of the denial of an Application, an applicant shall file a notice of appeal, in writing, with the Town Clerk. The Town Council may affirm, modify, or reverse the action from which the appeal is taken. H. Upon approval of an Application, a Wireless Facility Encroachment Permit will be issued for each monopole, utility pole associated with small wireless facilities, or small wireless facility included in the Application. However, nothing in this article shall be construed to exempt monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right-of-way from the requirements of Article 16-1 as an encroachment in the public right-of-way. Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code Page 2 of 3 The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024. The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Hosted by General Code. I. The collocation, installation, modification, maintenance, and replacement of monopoles, utility poles associated with small wireless facilities, or small wireless facilities shall be subject to rates and fees pursuant to Section 16-2-4 of this article. (18-01, Added, 02/20/2018) Section 16-2-4 Rates and Fees A. The Town Council shall, by ordinance or resolution, set and amend any rate, rate component, charge, or fee authorized by state law for the use of the public right-of-way and Town utility poles in connection with small wireless facilities including: 1. Fees for special use permit applications 2. Fees for collocation applications; 3. Fees for the use of the right-of-way; 4. Rates for the use of the Town’s utility poles; 5. Fees for Encroachment Permit Applications; 6. Fees to recover legal costs resulting from enforcement to any noncompliance including, but not limited to, administrative expenses, investigation, testing, legal proceedings and filings, and continued monitoring; and 7. Other fees as the Town may determine necessary to carry out the requirements contained herein. B. All rates and fees set or amended pursuant to this article shall be reasonable and shall not exceed the amounts permitted by state law. C. The Town shall publish and make available its schedule of rates and fees. D. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the Town. (18-01, Added, 02/20/2018) Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code Page 3 of 3 The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024. 16-3-1 16-3-2 16-3-3 Article 16-3 Utility Service Antennas Sections: Purpose Definitions Utility Service Antennas in the Public Right-of-Way Section 16-3-1 Purpose The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas placed in the public right-of-way used by utility companies to communicate within the utility system. (24-16, Added, 09/04/2024) Section 16-3-2 Definitions “Utility service antenna” means an antenna placed on or near utility boxes, poles, switches, storage tanks, etc., and used by a utility provider to facilitate the operation of the utility system. (24-16, Added, 09/04/2024) Section 16-3-3 Utility Service Antennas in the Public Right-of-Way A. General Requirement. For an antenna placed in the town’s right-of-way with the top of the antenna less than six feet above ground level, the support structure and antenna shall be painted a neutral color to blend with the surrounding area. If the top of the antenna is six feet or more above ground level, the antenna and support structure shall utilize the town’s approved saguaro cactus stealth design or a similar stealth design appropriate to the given location as approved by the Public Works Director. B. Review Process. 1. For antennas with a maximum height less than six feet above ground level, applications are reviewed and approved through the town’s encroachment permit process as provided in town code article 16-1, Encroachments. An electrical permit shall also be required for any associated electrical work. 2. For antennas with a maximum height six feet or more above ground level, applications will require an encroachment permit as required by town code article 16-1, Encroachments, and review and approval through the town’s building permit process. (24-16, Added, 09/04/2024) Art. 16-3 Utility Service Antennas | Fountain Hills Town Code Page 1 of 2 The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024. The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Hosted by General Code. Art. 16-3 Utility Service Antennas | Fountain Hills Town Code Page 2 of 2 The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024. RESOLUTION NO. 2018-03 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "SMALL WIRELESS FACILITIES." BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: SECTION 1. That certain document entitled "Small Wireless Facilities," attached hereto as Exhibit "A", of which one paper copy and one electronic copy maintained in compliance with Ariz. Rev. Stat. § 44-7041 are on file in the office of the Town Clerk and open for public inspection during non -nal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 20th day of February, 2018. FOR THE TOWN OF FOUNTAIN HILLS: 4WIN1tee . REVIEWED BY: f Grac y E.eller, own Manager PHOENIX 77018-1 430829v2 ATTESTED TO: Bevelyn J. B d - , Town Clerk APPROVED AS TO FORM: Fri J isman, Town Attorney CERTIFICATION I, Bevelyn J. Bender, the duly appointed Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 2018-03 was duly passed by the Mayor and Council of the Town of Fountain Hills, Arizona, at a regular meeting held on February 20, 2018, and the roll call of the vote thereon was Ayes, ) Nays, and that the Mayor and .6 Councilmembers were present thereat. Bevelyn J. nd , Town Clerk Town of Fountain Hills, Arizona PHOENIX 77018-1 430829v2 EXHIBIT A TO RESOLUTION NO. 2018-03 TOWN CODE ARTICLE 16-2] See following pages. PHOENIX 77018-1 430829v2 ARTICLE 16-2 Small Wireless Facilities Section 16-2-1 Purpose The intent and purpose of this article is to facilitate the development and installation of small wireless facilities in the Town of Fountain Hills to supplement existing wireless communications networks and to increase capacity in high demand areas, while simultaneously promoting and preserving the health, safety, and general welfare of the residents of the Town and protecting and preserving the aesthetic qualities of the natural and built environment of the Town. Through this article, the Town seeks to balance the need for increased wireless communications capacity with the need for reasonable standards to preserve the aesthetic values of the Town and to ensure the safe placement of small wireless facilities. Section 16-2-2 Definitions The definitions contained in A.R.S. § 9-591 are incorporated by this reference and shall apply to this article as if fully set forth here. Section 16-2-3 Small Wireless Facilities in the Public Right of Way This section permits the installation of small wireless facilities in the right of way subject to the following requirements: A. No monopoles, utility poles associated with small wireless facilities, or small wireless facilities shall be collocated, installed, modified, or replaced in the public right of way unless the following requirements are met: 1) The applicant participates in apre-application conference with the Department of Development Services; 2) An Application is submitted to and approved by the Town pursuant to this section; 3) All Town requirements as set forth in this article are met; 4) All other applicable codes and requirements are met; 5) A Wireless Facility License Agreement is signed; and 6) A Wireless Facility Encroachment Permit issued. B. The collocation, installation, modification, maintenance, and replacement of monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right of way shall be subject to and comply with reasonable requirements, including the 'Wireless Facilities Standard Terms and Conditions, the Town's Design Standards and Guidelines, and any site-specific requirements developed based upon consultation with the Town through the site review and permitting process. C. The Development Services Department shall prescribe and provide a regular form of Application for use by applicants for the collocation, installation, modification, maintenance, and replacement of monopoles, utility poles associated with small wireless facilities, or small PHOENIX 77018-1 430829v2 wireless facilities in the public right of way. The Application shall include such information and details as the Department deems necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed monopoles, utility poles, or small wireless facilities in the public right of way. D. The Application shall be accompanied by maps, sketches, diagrams or similar exhibits. The accompanying materials shall be of the size and in the quantity prescribed by the Development Services Department and of sufficient clarity to illustrate the location, dimensions, nature and purpose of the proposed monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right of way and its relation to existing and proposed facilities in the right-of-way. E. No changes shall be made in the location, dimensions, character or duration of the monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right of way as granted by the permit except upon written authorization of the Development Services Department. F. Approval of an Application is contingent upon the applicant demonstrating compliance with the Wireless Facilities Standard Terms and Conditions, the Town's Design Standards and Guidelines, and any site-specific requirements developed based upon consultation with the Town through the site review and permitting process. G. An applicant may appeal denial of an Application to the Town Council by following this procedure: Within seven calendar days of the denial of an Application, an applicant shall file a notice of appeal, in writing, with the Town Clerk. The Town Council may affirm, modify, or reverse the action from which the appeal is taken. H. Upon approval of an Application, a Wireless Facility Encroachment Permit will be issued for each monopole, utility pole associated with small wireless facilities, or small wireless facility included in the Application. However, nothing in this article shall be construed to exempt monopoles, utility poles associated with small wireless facilities, or small wireless facilities in the public right of way from the requirements of Article 16-1 as an encroachment in the public right of way. I. The collocation, installation, modification, maintenance, and replacement of monopoles, utility poles associated with small wireless facilities, or small wireless facilities shall be subject to rates and fees pursuant to Section 16-2-4 ofthis article. Section 16-2-4 Rates and Fees A. The Town Council shall, by ordinance or resolution, set and amend any rate, rate component, charge, or fee authorized by state law for the use of the public right of way and Town utility poles in connection with small wireless facilities including: 1) Fees for special use permit applications 2) Fees for collocation applications; PHOENIX 77018-1 430829v2 3) Fees for the use of the right of way; 4) Rates for the use of the Town's utility poles; 5) Fees for Encroachment Permit Applications; 6) Fees to recover legal costs resulting from enforcement to any noncompliance including, but not limited to, administrative expenses, investigation, testing, legal proceedings and filings, and continued monitoring; and 7) Other fees as the Town may determine necessary to carry out the requirements contained herein. B. All rates and fees set or amended pursuant to this article shall be reasonable and shall not exceed the amounts permitted by state law. C. The Town shall publish and make available its schedule of rates and fees. D. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the Town. PHOENIX 77018-1 43082M RESOLUTION NO. 2018-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE WIRELESS FACILITY LICENSE AGREEMENT AND THE WIRELESS FACILITIES STANDARD TERMS AND CONDITIONS FOR LOCATING WIRELESS FACILITIES WITHIN TOWN RIGHTS-OF-WAY, THE 2018 TOWN OF FOUNTAIN HILLS WIRELESS FACILITIES IN THE RIGHT-OF-WAY DESIGN STANDARDS AND GUIDELINES, AND AMENDING THE TOWN COMPREHENSIVE FEE SCHEDULE; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Wireless Facility License Agreement is hereby approved in the form as set forth in Exhibit "A", attached hereto and incorporated herein by reference. SECTION 2. That the Wireless Facilities Standard Terms and Conditions are hereby approved in the form as set forth in Exhibit "B", attached hereto and incorporated herein by reference. SECTION 3. That the 2018 Town of Fountain Hills Wireless Facilities in the Right-of-Way Design Standards and Guidelines are hereby approved in the form as set forth in Exhibit "C", attached hereto and incorporated herein by reference. SECTION 4. That the proposed amendments to the Fee Schedule, initially posted as Development Services Department Fees, are now included in Public Works Department Fees as Encroachment/Engineering Permit Fees. SECTION 5. That the Town Comprehensive Fee Schedule, of the Fiscal Year 2017-2018 Adopted Budget is hereby amended by adding the line items set forth in Exhibit"D", attached hereto and incorporated herein by reference. SECTION 6. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Resolution. SECTION 7. Because of the urgent need for the implementation of the Town's regulations concerning small wireless facilities, and the immediate operation of this Resolution is necessary for the preservation of the public peace, health and welfare, an emergency is hereby declared to exist and this Resolution shall be in full force and effect I 400, from and after its passage and approval by the Mayor and Council as required by law and 1 is hereby exempt from the referendum provisions of the Constitution and laws of the State of Arizona. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, February 20, 2018. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: d M. Ka nagh Bevelyn J. B de own Clerk REVIEWED BY: APPROVED AS TO FORM: OZ:›47/1N .. •VA•AIL--- Grady E. Miller, Tawn Manager Fr d isman, Town Attorney 111) 2 CERTIFICATION I, Bevelyn J. Bender, the duly appointed Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 2018-18 was duly passed by the Mayor and Council of the Town of Fountain Hills, Arizona, at a re lar meeting held on February 20, 2018, and the roll call of the vote thereon was Ayes, 0 Nays, and that the Mayor and 5 Councilmembers were present thereat. Bevelyn J. nder, own Clerk Town of Fountain Hills, Arizona 3 EXHIBIT A TO 416, RESOLUTION NO. 2018-18 Wireless Facility License Agreement] See following pages. II Town License# Wireless Provider's Name: WIRELESS FACILITY LICENSE AGREEMENT THIS WIRELESS FACILITY LICENSE AGREEMENT (the "License Agreement") is made and entered into this day of 20 ("Effective Date"), by and between the Town of Fountain Hills, an Arizona municipal corporation ("Town"), and a Wireless Provider"). RECITALS A. The Town of Fountain Hills "Wireless Facilities Standard Terms and Conditions" sets out various recitals and terms (collectively the "Terms"). B. Town holds interests in certain parcels of land (the "Street Parcels") comprising street Right- of-way within the Town of Fountain Hills. C. This License Agreement allows Wireless Provider to use certain limited portions of Town's specific Street Parcels pursuant to an approved Wireless Facilities Encroachment Permit ("Encroachment Permit"). D. The portions of the Street Parcels that this License Agreement permits Wireless Provider to use (the "Use Areas") are defined in the package of maps and related materials (the "Boundary Plan") attached to each Encroachment Permit Application. E. Wireless Provider desires to install and operate on the Use Areas the wireless telecommunications receiving, processing and transmitting devices and related electronic equipment that is specified on each Site Plan (the "Communications Equipment") subject to the requirements of this License Agreement and associated Encroachment Permit. The Communications Equipment is limited to the actual electronic equipment, portable cabinets for such equipment, enclosures, and antennas ("Antennas") utilized for wireless communications, all as shown on the drawings (the "Site Plans") attached to each Encroachment Permit. Notwithstanding anything in this License Agreement or associated Encroachment Permit to the contrary, the Communications Equipment excludes any item not shown on the approved Site Plan. F. The volume of the Enclosure and the above ground portion of its pad shall be 2 as shown in the Site Plan incorporated into each Encroachment Permit Application and shall be limited as stated on that Site Plan. G. The Street Parcel in each Encroachment Permit Application shall state whether it is currently improved with an electrical, traffic signal, street light, or antenna support pole (the "Utility Pole") which is owned by Town, and the approximate height of the Utility Pole. H. In the Encroachment Permit Application, the Wireless Provider will indicate whether it proposes to use the existing Utility Pole, replace the existing Utility Pole, or install a new Utility Pole that Town or Wireless Provider will own. If the Utility Pole is owned by a third-party, the Wireless Provider shall provide documentation confirming the third-party owners' consent for Wireless Provider's use of the Utility Pole. I. In order to install the Communications Equipment, Wireless Provider desires to construct supporting improvements and perform all other work shown on the Site Plan collectively the "Project") for each site. J. Wireless Provider shall complete the entire Project and put the Communications Equipment in full operation no later than one hundred eighty (180) days after the date of the issuance of the Encroachment Permit (the "Completion Deadline") for each site. K. Town desires to grant to Wireless Provider the right to install, maintain, operate and repair the Communications Equipment (the "Permitted Uses") subject to the requirements of this License Agreement and as specified in each specific Encroachment Permit granted pursuant to this License Agreement. NOW, THEREFORE, for and in consideration of the foregoing, the amounts hereinafter to be paid by Wireless Provider, and the covenants and agreements contained herein to be kept and performed by Wireless Provider, and other good and valuable consideration, Town and Wireless Provider agree as follows: I.LICENSE TERMS 1 . License Terms. Town hereby grants to Wireless Provider a license to use the Use Areas as follows: 1.1 Terms Incorporated. The Terms (as defined in the Recitals above) are all incorporated by reference as if set out in full herein. WIRELESS PROVIDER WARRANTS AND REPRESENTS THAT WIRELESS PROVIDER HAS READ AND AGREES TO THE TERMS. Capitalized terms used but not defined in this License Agreement shall have the meanings assigned by the Terms. 1.2 Terms Application. Wireless Provider shall comply with all of the Terms. Without limitation, the Terms shall apply to the Use Areas as follows: 3 1.2.1 Wireless Provider's Boundary Plan Responsibility. It is Wireless Provider's responsibility before submitting any Encroachment Permit Application authorized by this License Agreement to ensure that the Boundary Plan is prepared as follows: 1.2.1.1 Wireless Provider shall insure that the Boundary Plan clearly depicts all portions of the Street Parcel that Wireless Provider desires to use and that each such area is clearly shown on the Boundary Plan and labeled to clearly indicate which of the categories of Exclusive Areas or Shared Areas set out in the Terms applies to the area. 1.2.1.2 If the Boundary Plan does not clearly show any portion of the Street Parcel as one of the categories of Exclusive Areas or Shared Areas set out in the Terms, then such portion of the Street Parcel is not part of the Use Areas and Wireless Provider may not use such portion of the Street Parcel, even if the use is discussed in the Terms. 1.2.1.3 Any Exclusive Area or Shared Area described or named in the Terms that is not clearly depicted and correctly labeled on the Boundary Plan is excluded from this License Agreement and Encroachment Permit and unavailable for Wireless Provider's use. 1.2.1.4 Any portion of the Boundary Plan or the Site Plan that indicates a Wireless Provider's use of the Street Parcel that is not one of the Exclusive Areas or Shared Areas specifically enumerated in the Terms is excluded from this License Agreement and Encroachment Permit and not available for Wireless Provider's use. 1.2.1.5 All work, improvements and equipment within an Exclusive Area or Shared Area is limited to the purposes enumerated in the Terms for that particular Exclusive Area or Shared Area. 1.2.1.6 This License Agreement and Encroachment Permit does not allow use of any land other than the specified portions of the Street Parcel that are Exclusive Areas or Shared Areas. 1.2.1.7 Any change to the Boundary Plan after Town issues the Encroachment Permit is void unless it is memorialized in a formal amendment to this License Agreement. 1.2.2 Site Plan. It is Wireless Provider's responsibility before submitting any Encroachment Permit Application authorized by this License Agreement to ensure that the Site Plan correctly shows the work that Wireless Provider intends to perform, that the Site Plan correctly shows all improvements and equipment that Wireless Provider intends be located on the Use Areas, that the Site Plan shows no work, improvements or equipment outside the Exclusive Areas and Shared Areas properly depicted and labeled on the Boundary Plan, and that all work, improvements and equipment is encompassed within the purposes enumerated in the Terms for that particular Exclusive Area or Shared Area. Any 4 work, improvements or equipment not conforming to all the foregoing is prohibited, even if it is clearly shown on the Site Plan or discussed in the Terms. Any refinement or other change to the Site Plan after Town issues a Encroachment Permit is void unless Wireless Provider obtains Town's approval of the change pursuant to the plans approval processes set out in the Terms and pursuant to all applicable regulatory requirements. 1.2.3 Term of Agreement. The term of this Agreement is as stated in the Terms. 1.2.4 Wireless Provider's Payments. Wireless Provider shall pay to Town the amounts described in the Terms. 1.2.5 Use Restrictions. Wireless Provider shall comply with the use restrictions set out in the Terms. 1.2.6 Encroachment Permits. This Agreement constitutes an "Encroachment Permit" under Chapter 16-1-4.F of the Town of Fountain Hills Town Code to the extent of granting permission for the Communications Equipment to exist on the Street Parcel but not to allow any construction or other work of any description in the Right-of-way or to allow obstruction of traffic or alteration of Town's improvements. Before performing any work on the Right-of-way, Wireless Provider shall obtain the following additional encroachment permits, as applicable: 41161, 1.2.6.1 Permission to work in the Right-of-way. 1.2.6.2 Traffic control plan. 1.2.6.3 Any other applicable permits regarding work in the Right-of- way. 1.2.7 Compliance with Law. Wireless Provider acknowledges that this License Agreement or any issued Encroachment Permit does not constitute, and Town has not promised or offered, any type of waiver of, or agreement to waive (or show any type of forbearance, priority or favoritism to Wireless Provider with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement now or hereafter imposed by the Town of Fountain Hills or any other governmental body upon or affecting Wireless Provider's use of the Street Parcel. For example, Wireless Provider shall comply with all zoning, building and Right-of-way codes, ordinances and policies. 2. Permitted Uses. Town hereby grants to Wireless Provider the right to install, maintain, operate and repair the Communications Equipment (the "Permitted Uses") subject to the requirements of this License Agreement and as specified in each specific Encroachment Permit granted pursuant to this License Agreement. 3. Annual Blanket Encroachment Permit for Incidental Work at a Site: On or before January 1 of each calendar year, the Wireless Provider shall submit an application for a 5 Blanket Encroachment Permit to perform incidental and routine maintenance work at any site in the Town's Right-of-way. The Blanket Encroachment Permit shall only cover such activities as checking and inspecting communications equipment and antennas, changing circuit packs and cards, cleaning the cabinets and immediate area, and other similar activity. The Blanket Encroachment Permit does not include any work that requires the replacement of cabinets, antennas, or communications equipment, or any excavation, trenching, or concrete or roadway cutting within the Boundary Plan use area. 4. Town's Initial Information. Unless and until Town gives notice otherwise, Town's contract administrator shall be the Development Services Director. 5. Wireless Provider's Initial Information. Unless and until Wireless Provider gives notice otherwise: 5.1 Wireless Provider's network operations center phone number as required by the Terms is ( 0 0 5.2 Wireless Provider's address for notices as required by the Terms shall be: L 5.3 Wireless Provider's billing address for routine billing invoices as required by the Terms shall be: 7 . EXECUTED as of the date first given above. TOWN: Town of Fountain Hills, an Arizona municipal corporation By: Town Manager WIRELESS PROVIDER: a By: Name: Its: 40 0 EXHIBIT B TO RESOLUTION NO. 2018-18 Wireless Facilities Standard Terms and Conditions] See following pages. 9 WIRELESS FACILITIES STANDARD TERMS AND CONDITIONS The Common Council of the Town of Fountain Hills ("Town") has adopted the following recitals, terms and conditions (collectively, the "Terms") to govern the use of Town owned right-of-way for the placement of wireless facilities by a Wireless Provider as defined by the Arizona Revised Statutes, Section 9-591, et. seq. These Terms are effective as of 2018, and may be amended only upon approval of the Town Council. RECITALS a. Town owns the public street and alley rights-of-way and public utility easements within the boundaries of the Town of Fountain Hills that are designed for use by utility companies for installation, operation and repair of water, electrical and other utilities pursuant to franchise, licenses or other agreements between utility companies and Town (collectively the "Right-of-way"). b. Town is the owner of certain street lights and traffic signals (individually a "Utility Pole" or collectively "Utility Poles") located in the Right-of-way (as hereinafter defined). c. Pursuant to A.R.S. 9-591, et seq., one or more Wireless Providers may desire to establish and operate a network of Small Wireless Facilities to enhance wireless service coverage within the Town. d. Town anticipates that one or more Wireless Providers may desire to install Small Wireless Facilities on the Town's Utility Poles, install new and replacement Utility Poles capable of supporting Small Wireless Facilities, and in certain cases and where permitted by the Town's Code, install other Small Wireless Facilities or monopole towers in the Right-of-way. e. Wireless Providers agree to comply with the Town's Right-of-way use requirements as provided in these Terms. Furthermore, Wireless Providers agree to file the appropriate applications and secure the appropriate licenses and permits required by the Town for placement of Wireless Facilities within the Town's boundaries. f. Town Utility Poles approved for Small Wireless Facilities shall retain their primary governmental purpose, and use of the Right-of-way by Wireless Providers shall not interfere with the Town's use thereof. The primary purpose of these Terms is to protect the health, safety and welfare of the public, and to protect the value of and physical integrity of publicly-owned property and assets. g. Because Town's existing streetlight poles and traffic signal poles are not designed to safely support the additional weight and stress of Wireless Facilities, Wireless Service Providers shall be required to provide poles designed to support these facilities to replace existing poles prior to attaching Wireless Facilities. TERMS to 1. DEFINITIONS. For the purposes of the Terms: Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. Application Fee" means the Town's encroachment permit application, review and other fees related to the issuance of the permit. Base Use Fee" means the amount that the Company shall pay to Town for each year of this license for use of Town Right-of-way and Town-owned Pole, as set out in the current fee schedule. Communications Equipment" means any and all electronic equipment at the Small Wireless Facility location that processes and transports information from the antennas to the Wireless Provider's network. Competing Users" means entities that own the water pipes, cables and wires, pavement, and other facilities which may be located within the Right-of-way. The Competing Users include without limitation, the Town, the State of Arizona and its political subdivisions, the public, and all manner of utility companies and other existing or future users of the Use Areas. Encroachment Permit" means a permit issued pursuant to Chapter 16 of the Fountain Hills Town Code allowing a a utility pole, monopole, small wireless facility or wireless support structure to be placed in the Town's Right-of-way pursuant to the Wireless Provider's License Agreement. FCC" means the Federal Communications Commission. FCC Rules" means all applicable radio frequency emissions laws and regulations. FCC OET Bulletin 65" means the FCC's Office of Engineering & Technology Bulletin 65 that includes the FCC Radio Frequency Exposure Guidelines. License Agreement" means the license incorporating these Terms for Wireless Providers to install and operate Wireless Facilities in the Town's Right-of-way. Monopole" means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. RF" means radio frequency. II RF Letter" means a letter attesting to the Wireless Provider's compliance with FCC RF exposure guidelines from the Wireless Provider's senior internal 11 engineer. Right-of-way" as defined for wireless sites in A.R.S. §9-591(18) means the area on, below or above a public roadway, highway, street, sidewalk, alley, or utility easement. Right-of-way does not include a Federal Interstate Highway, a state highway or state route under the jurisdiction of the Department of Transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider. Site Documents" means the depiction of the use area, schematic plans and map showing location of the installation of the Wireless Facility in the Right-of- way, including but not limited to the title report of the use area, vicinity map, site plan, elevations, technical specifications and the cubic feet of the non- antenna wireless equipment. Small Wireless Facility" as defined in A.R.S. §9-591(19), means a Wireless Facility that meets both of the following qualifications: a. All antennas are located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six (6) cubic feet in volume. b. All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume, or fifty (50) cubic feet in volume if the equipment was ground mounted before the effective date of this section. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision: An electric meter. ii.Concealment elements. iii.A telecommunications demarcation box. iv.Grounding equipment. v.A power transfer switch. vi.A cutoff switch. vii.Vertical cable runs for the connection of power and other services. Supplemental Parcel Agreement" means an agreement authorizing the Wireless Provider to use property outside of the Town's Right-of-way, whether 12 owned by the Town or a third-party. Third Party Areas" means the portions of the Right-of-way, such as canal crossings or other areas that for any reason have limited Right-of-way dedications or that have regulatory use restrictions imposed by a third party. Violation Use Fee" means the types of fees that the Town has available to remedy certain breaches of the License Agreement by a Wireless Provider. Wireless Facility" as defined in A.R.S. §9-591(22): a. Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following: Equipment associated with wireless communications. ii. Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration. b. Includes small wireless facilities. c. Does not include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic that is between wireless support structures or utility poles or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. d. Does not include Wi-Fi radio equipment described in Section 9-506, Subsection I or microcell equipment described in Section 9-584, Subsection E. Wireless Infrastructure Provider" as defined in A.R.S. §9-591(23) means any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but that is not a wireless service provider. Wireless Infrastructure Provider does not include a special taxing district. Wireless Provider" as defined in A.R.S. §9-591(24) means a Cable Operator, Wireless Infrastructure Provider or Wireless Services Provider. Wireless Provider's Improvements" means all improvements installed by the Wireless Provider, including, but not limited to: all elements of the Wireless ow Facility, all screening elements, any landscaping plants or materials, and any 13 other elements provided by the Wireless Provider in the approved License Agreement. Wireless Services" as defined in A.R.S. §9-591(25) means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. Wireless Services Provider" as defined in A.R.S. §9-591(26) means a person that provides wireless services. Wireless Services Provider does not include a special taxing district. Wireless Support Structure" as defined in A.R.S. §9-591(27): a) Means: A freestanding structure, such as a monopole. ii.A tower, either guyed or self-supporting. iii.A sign or billboard. iv.Any other existing or proposed structure designed to support or capable of supporting small wireless facilities. v.Does not include a utility pole. 2. USE AREAS. Upon approval of a License Agreement, Town grants to Wireless Service Provider the right to install Wireless Facilities in the Town's Right-of-way upon issuance of an Encroachment Permit for each Use Area as set forth below: 2.1 Limitations. Notwithstanding anything herein to the contrary, the Use Areas include and are limited to only certain areas that Wireless Provider is permitted to exclusively use and occupy (the "Exclusive Area") and certain areas that Wireless Provider is permitted to use on a shared basis (the "Shared Area"). The Use Areas are defined by the Boundary Plan. 2.2 Use Areas Boundary. The Use Areas is the smallest geometric shape that includes the Exclusive Areas and the Shared Areas. The Use Areas exclude other parts of the Street Parcel or and all other land. Wireless Provider shall not occupy or use any other portion of the Street Parcel or adjoining lands. An approved License Agreement or any associated Encroachment Permit(s) does not allow any use by Wireless Provider of land outside the Street Parcel. If any portion of Wireless Provider's work, improvement or equipment is to be located on other land, then such work, improvements and equipment are prohibited unless Wireless Provider first obtains from the owner of said land including Town, if applicable) a Supplemental Parcel Agreement allowing such work, improvements and equipment. 14 2.3 Exclusive Areas. The Exclusive Areas are limited to the following, if and as defined by the Boundary Plan: 2.3.1 The land area defined as "Enclosure" on the Boundary Plan to be used by Wireless Provider solely for the enclosure housing the electronic ground equipment shown on the Site Plan the "Enclosure"). Such area is confined to the actual area occupied by the exterior structure and the interior of the enclosure. If the Boundary Plan does not show a clearly defined and correctly labeled "Enclosure" area, then no enclosure area is available for Wireless Provider's use and any enclosure for Wireless Provider's use must be located outside the Street Parcel and authorized by a Supplemental Parcel Agreement. 2.3.2 The area on the Pole defined as "Antennas" on the Boundary Plan to be used by Wireless Provider solely for mounting the Antennas. Such area is confined to the Town approved elevations and locations actually occupied by the Antennas and their supporting brackets. If the Boundary Plan does not show a clearly defined and correctly labeled "Antennas" area, then no main antennas area is available for Wireless Provider's use and any main antennas for Wireless Provider's use must be located outside the Street Parcel and authorized by a Supplemental Parcel Agreement. 2.4 Shared Areas. Shared Areas are limited to the following areas, if and as defined by the Boundary Plan: 2.4.1 A motor vehicle Parking space (the "Parking Space") at the Parking Space" location described on the Boundary Plan to be used by Wireless Provider solely for parking a service vehicle to service the Communications Equipment and for ingress and egress to that Parking Space. 2.4.2 No temporary construction area is provided by these Terms, an approved License Agreement or Encroachment Permit. Wireless Provider must obtain from Town a separate written document giving Wireless Provider permission to work in the Right- of-way, as described elsewhere herein. 2.4.3 An underground cable route (the "Signal Route") labeled as the "Signal Route" described on the Boundary Plan from the Enclosure to the Antenna to be used by Wireless Provider solely for underground radio frequency lines between the Enclosure and the Antenna. Notwithstanding the preceding sentence, the portion of the Signal Route upon the Pole shall not be underground but shall be within the Pole. If the Boundary Plan does not show a clearly IDdefined and correctly labeled "Signal Route" area, then no signal route area is available for Wireless Provider's use and any signal 15 route for Wireless Provider's use must be separately authorized by Town. 2.5 Power and Telephone Service. Nothing herein grants permission for Wireless Provider to use any portion of power, telephone or other service routes, if any. Wireless Provider acknowledges that use of the public street Right-of-way or public utility easements for these purposes, if any, is governed by Town's normal Right-of-way rules and policies, and by the franchise agreements between the Town and the electrical and telephone service providers. 2.6 Rights in Adjacent Land. Wireless Provider's rights are expressly limited to the real property defined as the "Use Areas" an issued Encroachment Permit. Without limitation, in the event any public Right-of-way or other public or private property at or adjacent to the Use Areas is owned, dedicated, abandoned or otherwise acquired, used, improved or disposed of by Town, such property shall not accrue to Wireless Provider but shall be the Town's property and not subject to the Use Areas. 2.7 Variation in Area. In the event the Use Areas consist of more or less than any stated area, Wireless Provider's obligations hereunder shall not be increased or diminished. 2.8 Condition of Title. Wireless Provider shall not have power to amend, modify, terminate or otherwise change the Site Documents or create new Site Documents. 2.8.1 Town does not warrant its own or any other person's title to or rights to use the Use Areas or any other property. 2.8.2 Wireless Provider shall pay, indemnify, defend and hold harmless Town and its agents and representatives of, from and against any and all claims, demands, damages, expenses, interest or penalties of any kind or nature whatsoever, including attorneys', arbitrators' and experts' fees and court costs that arise from or relate to Wireless Provider's non-compliance with the Site Documents. 2.9 Condition of Use Areas. The Use Areas are being made available in an as is" condition without any express or implied warranties of any kind, including without limitation any warranties or representations as to their condition or fitness for any use. 2.10 No Real Property Interest. Notwithstanding any provision hereof to the contrary, and notwithstanding any negotiation, correspondence, course of performance or dealing, or other statements or acts by or between the parties, Wireless Provider's rights herein are limited to use and occupation of the Use Areas for the Permitted Uses. 16 2.11 Limited Rights in Use Areas. Wireless Provider's rights in the Use Areas are limited to the specific rights expressly granted in Wireless Provider's approved License Agreement. 2.12 Reserved Right and Competing Users and Activities. Notwithstanding anything herein to the contrary, Town specifically reserves to itself and excludes from any Encroachment Permit a non-exclusive delegable right (the "Reserved Right") over the entire Use Areas for all manner of real and personal improvements and for streets, sidewalks, trails, landscaping, utilities and every other land use of every description. Without limitation: 2.12.1 Competing Users. Wireless Provider accepts the risk that Town and others (the "Competing Users") may now or in the future install their facilities in the Use Areas in locations that make parts of the Right-of-way unavailable for Wireless Provider's use. 2.12.2 Competing Activities. Wireless Provider accepts the risk that there may now or in the future exist upon the Use Areas all manner of work and improvements upon the Use Areas (the Competing Activities"). The Competing Activities include without limitation any and all laying construction, erection, installation, use, operation, repair, replacement, removal, relocation, raising, lowering, widening, realigning or other dealing with any or all of the following, whether above, upon or below the surface of the Use 4110 Areas and whether occasioned by existing or proposed uses of the Right-of-way or existing or proposed uses of adjoining or nearby land: 2.12.2.1 All manner of streets, alleys, sidewalks, trails, ways, traffic control devices, subways, tunnels, trains and gates of every description, and all manner of other transportation facilities and their appurtenances. 2.12.2.2 All manner of pipes, wires, cables, conduits, sewers, pumps, valves, switches, conductors, connectors, poles, supports, access points and guy wires of every description, and all manner of other utility facilities and their appurtenances. 2.12.2.3 All manner of drains, bridges, viaducts, overpasses, underpasses, culverts, markings, balconies, porches, overhangs and other encroachments of every description and all manner of other facilities and their appurtenances. 2.12.2.4 All other uses of the Right-of-way that Town may permit from time to time. 40 17 2.12.3 Town's Rights Cumulative. All of Town's Reserved Rights under various provisions of the License Agreement, these Terms and Encroachment Permits shall be cumulative to each other. 2.12.4 Use Priorities. These Terms do not grant to Wireless Provider or establish for Wireless Provider any exclusive rights or priority in favor of Wireless Provider to use the Use Areas. Wireless Provider shall not obstruct or interfere with or prevent any Competing User from using the Use Areas. 2.12.5 Regulation. Town shall have full authority to regulate use of the Use Areas and to resolve competing demands and preferences regarding use of the Use Areas and to require Wireless Provider to cooperate and participate in implementing such resolutions. Without limitation, Town may take any or all of the following into account in regulating use of the Use Areas: 2.12.5.1 All timing, public, operational, financial and other factors affecting existing and future proposals, needs and plans for Competing Activities. 2.12.5.2 All other factors Town may consider relevant, whether or not mentioned in the License Agreement, these Terms and Encroachment Permit(s). 2.12.5.3 Differing regulatory regimes or laws applicable to claimed rights, public benefits, community needs and all other factors relating to Competing Users and Competing Activities. 2.12.6 Communications Equipment Relocation. Upon one hundred eighty (180) days' notice from Town, Wireless Provider shall temporarily or permanently relocate or otherwise modify the Communications Equipment Relocation (the "Relocation Work") as follows: 2.12.6.1 Wireless Provider shall perform the Relocation Work at its own expense when required by Town's town manager or designee. 2.12.6.2 The Relocation Work includes all work determined by Town to be necessary to accommodate Competing Activities, including without limitation temporarily or permanently removing, protecting, supporting, disconnecting or relocating any portion of the Communications Equipment. 0 2.12.6.3 Town may perform any part of the Relocation Work that has not been performed within the allotted 18 time. Wireless Provider shall reimburse Town for its actual costs in performing any Relocation Work. Town has no obligation to move Wireless Provider's, Town's or others' facilities. 2.12.6.4 Town and not Wireless Provider shall be entitled to use any of Wireless Provider's facilities that are abandoned in place or that are not relocated on Town's request. 2.12.6.5 All Relocation Work shall be subject to and comply with all other provisions of the License Agreement. 2.12.7 Disruption by Competing Users. Neither Town nor any agent, contractor or employee of Town shall be liable to Wireless Provider, its customers or third parties for any service disruption or for any other harm caused them or the Communications Equipment due to Competing Users or Competing Activities. 2.12.8 Emergency Disruption by Town. Town may remove, alter, tear out, relocate or damage portions of the Communications Equipment in the case of fire, disaster, or other emergencies if Town's town manager or designee deems such action to be reasonably necessary under the circumstances. In such event, neither Town nor any agent, contractor or employee of Town shall be liable to Wireless Provider or its customers or third parties for any harm so caused to them or the Communications Equipment. When practical, Town shall consult with Wireless Provider in advance to assess the necessity of such actions and to minimize to the extent practical under the circumstances damage to and disruption of operation of the Communications Equipment. In any event, Town shall inform Wireless Provider after such actions. Wireless Provider's work to repair or restore the Communications Equipment shall be Relocation Work. 2.12.9 Public Safety. If the Communications Equipment or any other Wireless Provider equipment, improvements or activities present any immediate hazard or impediment to the public, to Town, to Town's equipment or facilities, to other improvements or activities within or without the Use Areas, or Town's ability to safely and conveniently operate the Right-of-way or perform Town's utility, public safety or other public health, safety and welfare functions, then Wireless Provider shall immediately remedy the hazard, comply with Town's requests to secure the Street Parcel, and otherwise cooperate with Town at no expense to Town to remove any such hazard or impediment. Wireless Provider's work crews shall report the Use Areas within four (4) hours of any request by Town under this paragraph (the "RF Safety Paragraph"). 19 2.13 Third Party Permission. There may be portions of the Right-of-way or other areas that for any reason have limited Right-of-way dedications or that have regulatory use restrictions imposed by a third party ("Third Party"). Areas subject to such restrictions or regulations by Third Parties are referred to as Third Party Areas" and communications equipment may not be built without permission from the Third Party or Third Parties that have property rights or regulatory authority over a specific Third Party Area. Wireless Provider's right to use any Use Areas shall be suspended, but not its obligations with respect thereto, during any period that a Third Party Permission is not in effect. 3.DURATION; EXTENSIONS. 3.1 Term. The original term of each License Agreement shall be for a period of ten (10) years commencing on the effective date stated therein ("Initial Term"). The Term of any associated Encroachment Permits issued to Wireless Provider shall be the same as Wireless Provider's approved License Agreement. 3.2 Extensions. The term of the License Agreement may be extended for one (1) additional ten (10) year period ("Extension Term") subject to consent by Town and Wireless Provider, which either may withhold in its sole and absolute discretion. Both Town and Wireless Provider shall be deemed to have elected to extend unless Town or Wireless Provider, respectively, gives notice to the contrary to the other at least ninety (90) days prior to the end of the initial Term. 3.3 Holding Over. In any circumstance whereby Wireless Provider would remain in possession or occupancy of the Use Areas after the expiration of this License Agreement (as extended, if applicable), such holding over shall not be deemed to operate as a renewal or extension of the License Agreement or Encroachment Permits, but shall only create a use right from month to month that may be terminated at any time by Town upon thirty (30) days' notice to Wireless Provider, or by Wireless Provider upon sixty (60) days' notice to Town. 3.4 Town's Right to Cancel. Notwithstanding anything contained herein to the contrary, Town shall have the unconditional right, with or without cause, to terminate any Encroachment Permit for reasons including but not limited to street widening, Right-of-way abandonment, or development that may impact the location of the site, upon one hundred eighty (180) days' prior written notice given at any time after the first one hundred eighty (180) days. 3.5 Wireless Provider's Right to Cancel. Wireless Provider shall have the unilateral right to terminate any License Agreement without cause upon thirty 30) days' prior written notice. Wireless Provider has no right to terminate any time after an event of default by Wireless Provider has occurred (or an event has occurred that would become a default after passage of time or giving of notice). 20 3.6 Removal and Restoration Obligations. Upon expiration or termination of any License Agreement or Encroachment Permit, or any abandonment of any Wireless Facilities, Wireless Provider shall remove its Wireless Facilities from the Right-of-way, at is sole cost and expense as provided in Section 12.4 hereto. 4.WIRELESS PROVIDER'S PAYMENTS. Wireless Provider shall make payments to Town as follows: 4.1 Use Fee Items. Wireless Provider shall pay to Town each of the following separate and cumulative amounts (collectively the "Use Fees"): 4.1.1 An annual amount (the "Base Use Fee"). 4.1.2 An amount (the "Application Fee") based on Wireless Provider's application and permit review and other costs as set out below. 4.1.3 An amount (the "Violation Use Fee") based on certain breaches by Wireless Provider of the License Agreement as set out below. 4.1.4 All other amounts required by the License Agreement. 4.2 Base Use Fee Amount. The amount of Base Use Fee Wireless Provider shall pay to Town for each year of this Agreement shall be the total of all applicable fee line items for wireless communications facilities (including without limitation "antenna base fee" and "ground equipment fee", as applicable) as set out in the then current fee schedule as it may be amended from time to time by Town's town council. 4.3 Application Fee Amount. The amount of the Application Fee for Small Wireless Facilities under A.R.S. § 9-592 shall be Seven Hundred Fifty Dollars 750.00) and the Application Fee for wireless sites under A.R.S. § 9-594 shall be One Thousand Dollars ($1000.00). Nothing herein shall prevent the Town from charging any other applicable fees ordinarily charged by the Town for review of plans, issuance of permits, and inspection of Wireless Provider's work upon the Use Areas (including, without limitation, encroachment permits, traffic control fees, technology fees) as set out in the then current fee schedule as it may be amended from time to time by Town's town council. 4.4 Use Fees Cumulative. All items of Use Fees shall be cumulative and separate from each other. 4.5 Use Fee Schedule. Provider shall pay all Use Fees at the times and in lir the amounts specified by Town's normal processes. Town's failure to collect 21 any item of the Use Fees does not waive Wireless Provider's liability for such Use Fee, nor shall such failure be deemed a waiver by the Town to collect such Use Fee thereafter. 4.6 Letter of Credit. The Initial Letter of Credit amount shall be based upon the Wireless Provider's good faith projection of the number of sites to be constructed within the Town of Fountain Hills during the current calendar year. The Initial Letter of Credit shall be received by the Town before any construction and encroachment permits are issued as follows: 4.6.1 The amount of the letter of credit shall be as follows: Thirty Thousand Dollars ($30,000.00) for up to ten (10) wireless sites; Sixty Thousand Dollars ($60,000) for eleven (11) to twenty (20) wireless sites; One Hundred Five Thousand Dollars ($105,000) for twenty one (21) to thirty five (35) wireless sites; One Hundred Eighty Thousand Dollars ($180,000) for thirty six (36) to sixty (60) wireless sites; Three Hundred Thousand Dollars ($300,000) for sixty one 61) to one hundred (100) wireless sites; Four Hundred Fifty Thousand Dollars ($450,000) for one hundred one (101) to one hundred fifty (150) wireless sites; Six Hundred Seventy Five Thousand Dollars ($675,000) for one hundred fifty one (151) to two hundred twenty five (225) wireless sites; One Million Fifty Thousand Dollars ($1,050,000) for two hundred twenty six (226) to three hundred fifty (350) wireless sites; One Million Five Hundred S Thousand Dollars ($1,500,000) for three hundred fifty one (351) to five hundred (500) wireless sites; Two Million Two Hundred Fifty Thousand Dollars ($2,250,000) for five hundred one (501) to seven hundred fifty (750) wireless sites; and Three Million Dollars 3,000,000) for seven hundred fifty one (751) to one thousand 1,000) wireless sites. If the number of Wireless Provider's wireless sites is more than one thousand (1,000), the Three Million Dollar 3,000,000) letter of credit shall remain in effect and the letter of credit for the wireless sites in excess of one thousand sites shall be calculated using the schedule provided in this subsection. 4.6.2 The Town will determine at least once annually if the number of Wireless Provider's wireless sites that are licensed require that the letter of credit be upgraded to a higher amount. If Town requires a new letter of credit, it shall provide formal notice in writing to the Wireless Provider. The Wireless Provider must provide the new letter of credit within 45 days of receiving written notice. 4.6.3 The letter of credit is a security deposit for Wireless Provider's performance of all of its obligations under these Terms within the Town of Fountain Hills. 0 4.6.4 The letter of credit shall meet the requirements listed on Exhibit "B" attached hereto. 22 4.6.5 Wireless Provider shall provide and maintain the letter of credit during the entire term of the License Agreement as follows: 4.6.5.1 Wireless Provider shall cause the original letter of credit to be delivered to Town's Development Services Director. 4.6.5.2 Wireless Provider shall pay all costs associated with the letter of credit, regardless of the reason or manner such costs are required. 4.6.5.3 Within ten (10) business days after Town gives Wireless Provider notice that Town has drawn on the letter of credit, Wireless Provider shall cause the letter of credit to be replenished to its prior amount. 4.6.6 Town may draw on the letter of credit upon any Event of Default, and in the following circumstances whether or not they are an Event of Default: 4.6.6.1 Wireless Provider fails to cause the letter of credit to be renewed, extended, increased in amount or otherwise maintained as required by these Terms. 4.6.6.2 Wireless Provider fails to make monetary payments as required by these Terms. 4.6.6.3 The issuer of the letter of credit fails to immediately honor a draft on the letter of credit or otherwise repudiates or fails to honor the letter of credit. 4.6.7 Town shall also have such additional rights regarding the letter of credit as may be provided elsewhere in the License Agreement. 4.7 Late Fees. Any fee payable under this Agreement is deemed paid only when Town actually receives good cash payment. Should any fee not be paid on or before the date due, a late fee shall be added to the amount due in the amount of the greater of ten percent (10%) of the amount due, or One Hundred Dollars ($100.00). Furthermore, any fee that is not timely paid shall accrue simple interest at the rate of one and one-half percent (1 1/ 2 %) per month from the date the amount first came due until paid. Wireless Provider expressly agrees that the foregoing represent fair and reasonable estimates by Town and Wireless Provider of Town's costs (such as accounting, administrative, legal and processing costs, etc.) in the event of a delay in payment of the fee. Town shall have the right to allocate payments received from Wireless Provider 40, among Wireless Provider's obligations. 23 4.8 Fee Amounts Cumulative. All amounts payable by Wireless Provider hereunder or under any tax, assessment or other existing or future ordinance, law or other contract or obligations to the Town of Fountain Hills or the State of Arizona shall be cumulative and payable in addition to each other payment required hereunder, and such amounts shall not be credited toward, substituted for, or setoff against each other in any manner. 5. USE RESTRICTIONS. Wireless Provider's use and occupation of the Use Areas shall in all respects conform to all and each of the following cumulative provisions: 5.1 Permitted Uses. Wireless Provider shall use the Use Areas solely for the Permitted Uses and shall conduct no other activity at or from the Use Areas without Town's prior written consent, which may be withheld in Town's sole and absolute discretion. 5.2 Enclosure Use. Wireless Provider shall use the Enclosure solely for locating utility cabinets and housing the Communications Equipment used for the Antennas. 5.3 Small Wireless Facility. Wireless Provider may install a Small Wireless Facility, as defined in A.R.S. 9-591(19), to be limited to: 5.3.1 All antennas, including the antenna's exposed elements, are located inside an enclosure of not more than six (6) cubic feet in volume, and 5.3.2 All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume. 5.3.3. The following ancillary equipment is not included in the equipment volume: electric meter, concealment elements, telecom demarcation box, grounding equipment, power transfer switch, cutoff switch, and vertical cable runs. 5.4 Communications Operations Restriction. Pursuant to A.R.S. 9- 592(F)(3), Wireless Provider shall not install, operate, or allow the use of equipment, methodology or technology that interferes or is likely to interfere with the optimum effective use or operation of Town's existing or future fire, emergency or other communications equipment, methodology or technology i.e., voice or other data carrying, receiving or transmitting equipment). If such interference should occur, Wireless Provider shall immediately discontinue using the equipment, methodology or technology that causes the interference until Wireless Provider takes corrective measures to alter the Communications Equipment to eliminate such interference. Any such corrective measures shall be made at no cost to Town. Wireless Provider shall give to Town advance ti.r written notice containing a list of the radio frequencies Wireless Provider is 24 using at the Use Areas and shall give advance written notice to Town of any change in frequencies. 5.5 Other Equipment. Wireless Provider shall not disturb or otherwise interfere with any other antennas or other equipment Town or an authorized third party may have already installed or may yet install upon the Street Parcel. 5.6 Signs. All signage is prohibited except in compliance with the following requirements: 5.6.1 Wireless Provider shall install and thereafter maintain the following signs and other markings as reasonably determined by Town from time to time: 5.6.1.1 All signs and markings required for safe use of the Use Areas by Town, Wireless Provider and other persons who may be at the Use Areas at any time for any reason. 5.6.1.2 Any signage Town may request directing parking, deliveries and other vehicles and other users to comply with this License Agreement. 5.6.1.3 Warning signs listing only Wireless Provider's ID name, permanent business address, telephone number, emergency telephone number, and any information required by law. 5.6.2 All signage not expressly allowed by these Terms is prohibited. 5.6.3 The location, size, content and style of each sign shall be subject to the provisions of the applicable sign ordinance and shall comply with Town's sign programs as the same may change from time to time. Wireless Provider shall update signs, at Wireless Provider's sole cost and expense, as required to comply with changes in the applicable sign ordinance and Town's sign programs. 5.6.4 Wireless Provider shall design, make, install and maintain all signage in a first class, professional manner without broken panels, faded or peeling paint or other damage. Town reserves the right to require Wireless Provider to install, at Wireless Provider's cost, new or updated signage if the existing signage is not compliant with this Agreement. 5.6.5 Wireless Provider shall bear all costs pertaining to the L erection, installation, operation, maintenance, replacement and removal of all signs including, but not limited to, the application for 25 and obtaining of any required sign, building or other permits regardless of the reason for any such activity, even if such activity is required by Town pursuant to these Terms. 5.6.6 The requirements of this paragraph apply to all signs, designs, monuments, decals, graphics, posters, banners, markings, and other manner of signage. 5.7 Wireless Provider's Lighting. Except for security lighting temporarily operated with Town's approval from time to time, Wireless Provider shall not operate outdoor lights at the Use Areas. 5.8 Noise. Except during construction permitted under the License Agreement and for burglar alarms and other safety devices, outdoor loud speakers, sirens or other devices for making noise are prohibited. All equipment shall be operated so that sound coming therefrom is compliant with Section 11- 1-7 of the Town Code and does not exceed the ambient noise level at the boundary of the Street Parcel. The preceding sentence does not apply to use of normal, properly maintained construction equipment used as permitted by the approved License Agreement or permit issued to Wireless Provider by the Town, to infrequent use of equipment that is as quiet or quieter than a typical well maintained gasoline powered passenger automobile, to use of an air conditioning unit that is no noisier than a typical well maintained residential air conditioning unit. 5.9 Limited Access. It is Wireless Provider's and not Town's responsibility to keep unauthorized persons from accessing the Communications Equipment and the Exclusive Areas. 5.10 Standards of Service. Wireless Provider shall operate the Use Areas in a first-class manner, and shall keep the Use Areas attractively maintained, orderly, clean, neat and tidy at all times. Wireless Provider shall not allow any person or persons in or about the Use Areas related to Wireless Provider's operations who shall fail to be clean, courteous, efficient and neat in appearance. 5.11 Wireless Provider's Agent. Wireless Provider shall at all times retain on call available to Town by telephone an active, qualified, competent and experienced person to supervise all activities upon the Use Areas and operation of the Communications Equipment. Wireless Provider's agent shall be authorized to represent and act for Wireless Provider in matters pertaining to all emergencies and the day-to-day operation of the Right-of-way and all other matters affecting a License Agreement or Encroachment Permit. Wireless Provider shall also provide notice to Town of the name, street address, electronic mail address, and regular and afterhours telephone number of a person to handle Wireless Provider's affairs and emergencies at the Right-of- way. Any change shall be given in writing to Town's Development Services Director in the manner stated for notices required herein. 26 5.12 Coordination Meetings. Wireless Provider shall meet with Town and other Right-of-way users from time to time as requested by Town to coordinate and plan construction on the Use Areas and all matters affected by these Terms. 5.13 Toxic Substances. Wireless Provider's activities upon or about the Use Areas shall be subject to the following regarding any hazardous or toxic substances, waste or materials or any substance now or hereafter subject to regulation under the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Arizona Hazardous Waste Management Act, A.R.S. §§ 49-901, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., or any other federal, state, county, or local law pertaining to hazardous substances, waste or toxic substances and their reporting requirements (collectively "Toxic Substances"): 5.13.1 Wireless Provider understands the hazards presented to persons, property and the environment by dealing with Toxic Substances. Town has made no warranties as to whether the Use Areas contain actual or presumed asbestos or other Toxic Substances. 5.13.2 Within twenty-four (24) hours after discovery by Wireless Provider of any Toxic Substances, Wireless Provider shall report tilar such Toxic Substances to Town in writing. Within fourteen (14) days thereafter, Wireless Provider shall provide Town with a written report of the nature and extent of such toxic substances found by Wireless Provider. 5.13.3 Disturbance of Toxic Substances. Prior to undertaking any construction or other significant work, Wireless Provider shall cause the Use Areas to be inspected to prevent disturbance of potential asbestos or other Toxic Substances. Prior to any work of any description that bears a material risk of disturbing potential asbestos or other Toxic Substances, Wireless Provider shall cause the contractor or other person performing such work to give to Town written notice by the method described in these Terms to the effect that the person will inspect for Toxic Substances, will not disturb Toxic Substances, and will indemnify, defend and hold Town harmless against any disturbance in Toxic Substances in the course of the contractor's or other person's work. Wireless Provider shall cause any on-site or off-site storage, inspection, treatment, transportation, disposal, handling, or other work involving Toxic Substances by Wireless Provider in connection with the Use Areas to be performed by persons, equipment, facilities and other resources who are at all times properly and lawfully trained, authorized, licensed, permitted and otherwise qualified to perform such services. Wireless Provider shall promptly deliver to Town 27 copies of all reports or other information regarding Toxic Substances. 5.14 Required Operation. During the entire term of the License Agreement and associated Encroachment Permit(s), and any renewals or extensions thereof, Wireless Provider shall actively and continuously operate the Communications Equipment twenty-four (24) hours per day, seven (7) days per week, for the Permitted Uses. Notwithstanding anything contained in this paragraph to the contrary, the operation requirements of this paragraph shall be effective commencing on the completion of the Project and shall continue through the date the License Agreement terminates or expires for any reason. In the event of relocation of the Communications Equipment or damage to the Use Areas severe enough that the Communications Equipment cannot reasonably be operated during repairs, the operation requirements of this paragraph shall be suspended during the time specified by these Terms for accomplishing repair of such damage or relocation of the Communications Equipment. Wireless Provider may temporarily cease operating the Communications Equipment for short periods necessary to test, repair, service or upgrade the Communications Equipment. Notwithstanding the foregoing to the contrary, any suspension in operations, whether or not authorized pursuant to the License Agreement, shall not serve to extend any Term of the License Agreement. 5.15 Actions by Others. Wireless Provider shall be responsible to ensure 40 compliance with the License Agreement by all persons using the Right-of-way through or under Wireless Provider. 6. WIRELESS PROVIDER'S IMPROVEMENTS. All of Wireless Provider's improvements and other construction work whether or not specifically described herein upon or related to the Use Areas (collectively "Wireless Provider's Improvements") shall comply with the following: 6.1 Wireless Provider's Improvements. Wireless Provider's Improvements include without limitation, all modification, replacement, repairs, installation, construction, grading, structural, utility, lighting, plumbing, sewer or other alterations, parking or traffic alterations, removal, demolition or other cumulatively significant construction or similar work of any description and all installation or alteration of the Communications Equipment. 6.2 Zoning and Similar Approval Process. The zoning processes, building permit processes, Right-of-way management policies and similar regulatory requirements that apply to Wireless Provider's Improvements are completely separate from the plans approval processes set forth in these Terms. Wireless Provider's satisfaction of any requirement set forth these Terms does not substitute for compliance with any regulatory requirement. Wireless Provider's satisfaction of any regulatory requirement does not substitute for compliance with any requirement of these Terms. Wireless Provider must make all 28 submittals and communications regarding the requirements of these Terms through Town's Development Services Director and not through other staff. Wireless Provider shall be responsible to directly obtain all necessary permits and approvals from any and all governmental or other entities having standing or jurisdiction over the Use Areas. Wireless Provider bears sole responsibility to comply with all stipulations and conditions that are required in order to secure such rezoning and other approvals. Notwithstanding anything in this paragraph to the contrary, to the extent regulatory requirements and requirements of these Terms are identical, compliance with regulatory requirements shall constitute compliance with these Terms and vice versa. 6.2.1 Batching Sites for Approval. Only sites that do not have a new or a replacement pole required for the antennas, and do not have any underground cables, conduit, and foundations, are eligible for batch processing of the applications. 6.3 Relationship of Plans Approval to Regulatory Processes. Wireless Provider's submission of plans under these Terms, Town's approval of plans for purposes of these Terms, and the plans approval process herein shall be separate and independent of all development, zoning, design review and other regulatory or similar plans submittal and approval processes, all of which shall continue to apply as provided under state law, in addition to the requirements of these Terms and its approvals. BUILDING PERMITS, ZONING CLEARANCES, OR ANY OTHER GOVERNMENTAL REVIEWS OR ACTIONS DO NOT O CONSTITUTE APPROVAL OF ANY PLANS FOR PURPOSES OF THE LICENSE AGREEMENT. 6.4 Town's Fixtures and Property. Wireless Provider shall not remove, alter or damage in any way any improvements or any personal property of Town upon the Use Areas without Town's prior written approval. In all cases, Wireless Provider will repair any damage or other alteration to Town's property caused by Wireless Provider or its contractors, employees or agents to as good or better condition than existed before the damage or alteration. 6.5 Design Requirements. All Wireless Provider's Improvements shall comply with the following design requirements: 6.5.1 All Wireless Provider's Improvements shall be contained entirely within the Use Areas and without any encroachment or dependence upon any other property, except for permitted utility service. 6.5.2 Any changes to utility facilities shall be strictly limited to the Use Areas, shall not affect utilities used by Town or any authorized users thereof, and shall be undertaken by Wireless Provider at its sole cost and expense. 6.5.3 The Antennas and other Communications Equipment shall be properly designed, installed and maintained so as not to create a 29 risk of damage to the Pole, to persons or property upon or using the Street Parcel or Town's other property. 6.5.4 To the extent requested by Town, Wireless Provider's plans shall include a description of construction methods employed to address environmental issues affecting or affected by the Use Areas and protect other facilities at the Street Parcel and surrounding properties. 6.5.5 All specifications set forth in the Town of Fountain Hills's Design Standards for Small Wireless Facilities in the Right-of-Way, attached here to as Exhibit "A." 6.6 Approval Required. Wireless Provider shall not construct any Wireless Provider's Improvements (including work on adjacent public lands, if applicable) without having first received an executed License Agreement, written plans approval from Town and any and all permits deemed necessary by the Town. Such consent requirement shall apply to all improvements, furnishings, equipment, fixtures, paint, wall treatments, utilities of every description, communications cabling and other construction work of any description as described in all plans heretofore or hereafter delivered by Wireless Provider to Town. Such consent requirement does not apply to work to the Communications Equipment confined completely inside the Enclosure and not visible, audible, or otherwise discernible outside the Enclosure. 6.7 Effect of Plans Approval. Wireless Provider shall submit engineering and construction plans to the Town for review and approval. Town's approval of plans submitted shall be for purposes of these Terms only and shall constitute irrevocable approval (but only at the level of detail of the applicable stage of the review process) of the matters plainly shown on the plans approved. Town shall not reject subsequent plans to the extent the matter to which Town objects was plainly shown on plans previously approved by Town. However, Town is not precluded from objecting to matters not previously approved, changes to plans, matters not previously clearly disclosed on approved plans, or refinements or implementation of matters previously approved. 6.8 Plans Required. Wireless Provider's design of all Wireless Provider's Improvements shall occur in three stages culminating in final working construction documents for the Wireless Provider's Improvements (the "Final Plans"). The three stages are, in order of submission and in increasing order of detail, as follows: 6.8.1 Conceptual plans showing the general layout, locations, elevations, configuration, and capacities of all significant improvements, topographical features, pedestrian and vehicular ways, buildings, utilities, and other features significantly affecting the appearance, design, function or operation of each element of Wireless Provider's Improvements. 30 6.8.2 Preliminary plans showing all surface finishes and treatments, finished elevations, general internal and external design including without limitation colors, textures and materials), mechanical, communications, electrical, plumbing and other utility systems, building materials, landscaping and all other elements necessary prior to preparation of final working construction documents and showing compliance with all requirements of these Terms. The preliminary plans shall show all detail necessary prior to preparation of Final Plans. 6.8.3 Final Plans. In addition to the information that Town required for Preliminary plans, the Final Plans shall include a title report for the Use Area and the Shared Use Area, engineering design documents for the pole foundation, pole structural design, and other generally required engineering specifications for construction drawings or "CD" plans for permits. 6.9 Approval Process. The following procedure shall govern Wireless Provider's submission to Town of all plans for Wireless Provider's Improvements, including any proposed changes by Wireless Provider to previously approved plans: 6.9.1 All plans Wireless Provider submits under these Terms shall show design, appearance, capacity, views, and other information reasonably deemed necessary by Town for a complete understanding of the work proposed, all in detail reasonably deemed appropriate by Town for the level of plans required herein. 6.9.2 Wireless Provider shall deliver all plans submissions for non-regulatory approvals required herein directly to Town's Development Services Director and shall clearly label the submissions to indicate that they are submitted pursuant to the Terms and not for building permits, zoning or other approvals. Each submittal of plans by Wireless Provider for Town's review shall include five (5) complete sets of the plans on paper and, if requested, two (2) copies of the plans in electronic form. 6.9.3 All construction plans shall be prepared by qualified registered professional engineers. 6.9.4 Town and Wireless Provider shall endeavor to resolve design and construction issues to their mutual satisfaction but, in the event of an impasse for any reason or however arising, in light of Town's ownership and other uses of the Use Areas, and as a condition of Town's entering into a License Agreement or issuing an Encroachment Permit, final decision authority regarding all design and construction issues shall rest with Town. 31 6.9.5 All Wireless Provider's Improvements shall comply with all requirements of law, any applicable insurance contracts and these Terms. 6.10 Cost of Wireless Provider Improvements. All Wireless Provider's Improvements shall be designed and constructed by Wireless Provider at Wireless Provider's sole cost and expense, including without limitation any alteration or other change to Town's equipment or other improvements or property that may occur. In no event shall Town be obligated to compensate Wireless Provider in any manner for any of Wireless Provider's Improvements or other work provided by Wireless Provider during or related to the term of any approved License Agreement and Encroachment Permit(s). Wireless Provider shall timely pay for all labor, materials, work, and all professional and other services related thereto and shall pay, protect, indemnify, defend and hold harmless Town and Town's employees, officers, contractors and agents against all claims related to such items. Wireless Provider shall bear the cost of all work required from time to time to cause the Use Areas and Town's adjoining property (if directly affected by Wireless Provider's work) to comply with local zoning rules, the Americans with Disabilities Act, building codes and all similar rules, regulations and other laws if such work is required because of work performed by Wireless Provider, by Wireless Provider's use of the Use Areas, or by any exercise of the rights granted to Wireless Provider under this License Agreement or associated Encroachment Permit(s). 6.11 Improvement Quality. Any and all work performed on the Use Areas by Wireless Provider shall be performed in a workman-like manner meeting9 or exceeding the best practices of similar facilities in Maricopa County, Arizona, and shall be diligently pursued to completion and in conformance with all building codes and similar rules. All of Wireless Provider's Improvements shall be high quality, safe, fire resistant, modern in design, and attractive in appearance, all as approved by Town through the plans approval processes described in these Terms in addition to any zoning, building code or other regulatory processes that may apply. 6.12 Ownership of Wireless Provider's Improvements. All Wireless Provider's Improvements (including without limitation poles and lights) except the Communications Equipment shall be and become part of the real property of Town as the same is constructed or installed. 6.13 Damage During Work. Upon performing any work upon the Right-of- way, Wireless Provider shall simultaneously restore the Right-of-way to its prior condition, as directed by Town and repair any holes, mounting surfaces or other damage whatsoever to the Right-of-way. Such work shall include revegetation and appropriate irrigation systems for revegetated areas. 6.14 Replacement Pole. If Town approves a Wireless Provider proposal to install Antennas on a Town owned pole, then in addition to the other 40 requirements, the following shall apply: 32 6.12.1 Wireless Provider shall provide and deliver to Town a replacement pole, including mast arm, so that a replacement is immediately available to Town in case the original pole is damaged. 6.12.2 If Town uses a replacement pole, then Wireless Provider shall provide another replacement pole. 6.12.3 Upon installation of a replacement pole, the Town will determine if the original pole, mast arm(s), signal head(s), and light fixture(s) shall be delivered by Wireless Provider to the Town's Corporation Yard or if the Wireless Provider shall dispose of the original pole, mast arm, signal head and light fixture. 6.12.4 All performance under this paragraph shall be at Wireless Provider's expense. Town owns the original pole and all replacement poles. 6.15 Coordination with Encroachment Permit. The Street Parcel is located in Town's public street Right-of-way. Wireless Provider shall obtain encroachment permits at Wireless Provider's expense as follows: 6.15.1 Wireless Provider shall perform no construction work in the Right-of-way without obtaining from Town a permit giving permission to work in the Right-of-way. 6.15.2 Wireless Provider shall not alter or modify its antennas, wireless equipment or any improvements without submitting plans or drawings of the proposed alteration or modification to Town and obtaining approval from Town's Development Services Director. 6.15.3 Wireless Provider shall not perform any work on its own antennas or wireless equipment without first obtaining from Town an encroachment permit giving it permission to work in the Right-of- way. 6.15.4 Wireless Provider shall not in any way obstruct pedestrian or vehicular traffic within the Right-of-way without first obtaining from Town a permit giving permission to obstruct traffic. 6.16 Time for Completion. Wireless Provider shall diligently and expeditiously pursue to completion the construction of all approved Wireless Provider's Improvements. Wireless Provider shall complete construction of all Wireless Provider's Improvements no later than one hundred eighty (180) days of permit issuance unless Town and Wireless Provider agree to extend this period or a delay is caused by a lack of commercial power at the site. If Town, in its sole examination of the construction activity at a site, determines that Wireless Provider has not substantially performed construction at a site within 11, one hundred eighty (180) days of the permit issuance date, Town may require the Wireless Provider to cease construction and resubmit the site for approval. 33 6.17 Construction Notification. Town may establish requirements for notification of nearby residents and property owners prior to construction. 6.18 Work Time and Manner Restrictions. All installation, construction, maintenance, inspection, repair and other work of any kind shall be done in a manner that does not disrupt traffic (except in compliance with appropriate permits) or nearby land uses. Without limitation, such work shall be done in compliance with applicable Town policies and directions from time to time, taking into account the various sensitivities of traffic, tourism, events, adjoining land uses, other Right-of-way uses, and all other needs and concerns that are likely to be affected by Wireless Provider's work. 7.RF SAFETY FOR TOWN'S EMPLOYEES. Prior to performing any work on a wireless site in the Right-of-way, an employee or authorized agent of the Town will contact Wireless Provider's Network Operations Center (the NOC") whose information shall be located on the ground equipment or on the pole. The Town's employee or agent shall identify himself or herself as an employee or agent of Town and the need for the RF to be turned off at the site for a specified period to perform maintenance or repair work at the site. Upon completion of the work, the Town's employee shall contact the NOC and inform them that the site may activate the RF signals. Furthermore, as Town's employees, agents, and representatives must have uninterrupted and safe access to the Right-of-way and all structures located thereon, Wireless Provider must comply with at least one of the following safety protocols: 7.1 Provide access to a "kill switch" for each wireless site that the Town's employees, agents, or representatives can use to turn off all power to the Wireless Provider's Facilities while Town's work is performed at the location. 7.2 Within 24 hours of a request, agree to send a technician with an RF monitor to confirm that all RF emitting equipment has, in fact, been deactivated, and to install all appropriate lockout tags and devices. 8. MAINTENANCE AND UTILITIES. Except as expressly provided below, Wireless Provider shall be solely responsible for all maintenance, repair and utilities for the Use Areas during the term of an approved License Agreement and associated Encroachment Permit(s). Without limitation, Wireless Provider shall perform the following: 8.1 Maintenance by Town. Town has no maintenance or repair obligations for the Communications Equipment or other Wireless Provider's Improvements. 34 8.2 Maintenance by Wireless Provider. Wireless Provider shall at all times repair and maintain the Use Areas at Wireless Provider's sole expense in a first- class, sound, clean, safe and attractive manner, meeting or exceeding the manner of maintenance at first class comparable facilities in Maricopa County, Arizona, as determined in Town's reasonable discretion. The preceding sentence does not require Wireless Provider to repair or maintain Town's facilities at the Use Area unless such work is attributable in whole or in part to Wireless Provider's use of the Use Areas. 8.3 Utility Service. Wireless Provider shall contract for and pay all charges, fees, deposits and other amounts for electricity and telephone and other data communication service to the Use Areas at the rates applicable thereto. Wireless Provider shall use no other utilities at the Use Areas, unless otherwise authorized by Town. 8.4 Utility Interruptions. Town is not responsible for any interruption of utilities to or upon the Use Areas or other difficulties related to utilities at the Use Areas. 8.5 Right of Inspection. Town shall be entitled to inspect all construction, reconstruction or installation work and to make such tests as it deems necessary to ensure compliance with the terms herein and any applicable laws and regulations. All Town plans reviews, inspections, standards and other rights and actions with relation to Wireless Provider's Improvements are for Town's sole and exclusive benefit and neither Wireless Provider nor any other person shall rely thereon or have any rights related thereto. The preceding sentence does not prevent Wireless Provider from relying on consents, permits or approvals Town may grant based on Town's plans, reviews, and inspections. This right of access is in addition to access rights for Town inspectors or other employees and officers acting within their legal authority. 8.6 Construction Notification. Town may establish requirements for Wireless Provider to notify nearby residents prior to construction. 8.7 Blue Stake. Wireless Provider shall register with and comply with the local Blue Stake program. 9.BREACH BY WIRELESS PROVIDER. Wireless Provider shall comply with, perform and do each obligation required of Wireless Provider herein and shall cause all persons using the Use Areas through or under Wireless Provider or these Terms to do the same. Wireless Provider's failure to do so shall be a material breach by Wireless Provider of these Terms. 9.1 Events of Default. All License Agreements and Encroachment Permits are approved upon the condition that each and every one of the following events herein shall be deemed an "Event of Default" by Wireless Provider of Wireless Provider's material obligations under these Terms: 35 9.1.1 If Wireless Provider shall be in arrears in the payment of Use Fee and shall not cure such arrearage within ten (10) days after Town has notified Wireless Provider of such arrearage. 9.1.2 If Wireless Provider shall fail to operate the Communications Equipment (except during specific periods expressly excused herein) for a period of five (5) consecutive days or a total of thirty (30) days within any twelve (12) month period. 9.1.3 If Wireless Provider shall fail to maintain any insurance required under these Terms. Notwithstanding the preceding sentence, such failure shall not be a default if, within ten (10) days after notice from Town, Wireless Provider provides to Town the required insurance and the required evidence thereof. Such insurance must cover the past for a period adequate that there is no gap in the insurance coverage required by these Terms. 9.1.4 If the Wireless Provider's right to use a Utility Pole expires or is terminated for any reason. 9.1.5 If Wireless Provider does not commence and diligently pursue to completion each required stage of construction of the site within the times required herein. The times specified for concluding 40 each stage of required construction have been established far enough in advance, and have taken into account the likelihood of construction delays, so that no cure period is provided. 9.1.6 If Wireless Provider shall be the subject of a voluntary or involuntary bankruptcy, receivership, insolvency or similar proceeding or if any assignment of any of Wireless Provider's or such other person's property shall be made for the benefit of creditors or if Wireless Provider or such other person dies or is not regularly paying its debts as they come due (collectively a "Wireless Provider Insolvency"). 9.1.7 If the issuer of any letter of credit shall fail for any reason to timely and fully honor any request by Town for funds or other performance under the instrument and Wireless Provider fails to cause the issuer, or some other person, to honor the request within ten (10) days after Town notifies Wireless Provider that such request has not been honored. 9.1.8 If Wireless Provider shall fail to obtain or maintain any licenses, permits, or other governmental approvals pertaining to the Right-of-way or timely pay any taxes pertaining to the Right-of-way and does not cure such failure within thirty (30) days. 0 36 9.1.9 If Town shall be exposed to any liability, obligation, damage, cost, expense, or other claim of any description, whether or not asserted, unless Wireless Provider gives immediate notice to Town of Wireless Provider's commitment to indemnify, defend and hold Town harmless against such claim, and Wireless Provider does in fact promptly commence and continue to indemnify, defend and hold Town harmless against such claim. 9.1.10 If Wireless Provider shall fail to meet its obligations under the RF Safety Paragraph. 9.1.11 If Wireless Provider shall engage in a pattern of repeated failure (or neglect) to timely do or perform or observe any provision contained herein. After Town has once given notice of any failure by Wireless Provider to comply with its obligations set forth in these Terms, the following shall constitute a repeated failure by Wireless Provider to comply with such provision: h. 9.1.11.1 Another failure to comply with any provision of these Terms during the following thirty (30) day period. i. 9.1.11.2 Three (3) or more failures to comply with any provision of these Terms during any ninety (90) day period. 410 j. 9.1.11.3 Six (6) or more failures to comply with any provision of these Terms during any twelve (12) month period. 9.1.12 If Wireless Provider shall fail to or neglect to timely and completely do or perform or observe any other provisions herein and such failure or neglect shall continue for a period of thirty (30) days after Town has notified Wireless Provider in writing of such failure or neglect. 9.2 Town's Remedies. Upon the occurrence of any Event of Default or at any time thereafter, Town may, at its option and from time to time, exercise at Wireless Provider's expense any or all or any combination of the following cumulative remedies in any order and repetitively at Town's option: 9.2.1 Terminate the License Agreement or any or all Encroachment Permits due to Wireless Provider's breach or for any other reason, however, such termination does not terminate Wireless Provider's obligations arising during the time simultaneous with or prior to or the termination, and in no way terminates any of Wireless Provider's liability related to any breach of these Terms. 9.2.2 Pay or perform, for Wireless Provider's account, in Wireless Provider's name, and at Wireless Provider's expense, any or all payments or performances required hereunder to be paid or performed by Wireless Provider. 37 9.2.3 Abate at Wireless Provider's expense any violation of these Terms. 9.2.4 Notwithstanding anything under these Terms to the contrary, unilaterally and without Wireless Provider's or any other person's consent or approval, draw upon, withdraw or otherwise realize upon or obtain the value of any letter of credit, escrowed funds, insurance policies, or other deposits, sureties, bonds or other funds or security held by Town or pledged or otherwise obligated to Town by Wireless Provider or by any third party (whether or not specifically mentioned herein) and use the proceeds for any remedy permitted by these Terms. 9.2.5 Require an additional security deposit adequate in Town's sole discretion to protect Town and the Right-of-way. 9.2.6 Require that the Wireless Provider remedy any and all violations and pay any and all outstanding fees in full (before accepting applications for new Encroachment Permits). 9.2.7 Assert, exercise or otherwise pursue at Wireless Provider's expense any and all other rights or remedies, legal or equitable, to which Town may be entitled, subject only to the limitation set out 40 below on Town's ability to collect money damages in light of the Violation Use Fee. 9.3 Violation Use Fee. Wireless Provider and Town agree that Wireless Provider's failure to comply with the provisions herein will result in damages to Town, including but not limited to expenses related to administrative costs, staff time, field work and inspections, legal services, etc. Wireless Provider's failure to comply with the provisions herein will result in damages in an amount that is and will be impracticable to determine. Therefore, the parties have agreed that Wireless Provider shall pay the Violation Use Fee set out below in accordance with the following (the "Violation Fee Provisions"): 9.3.1 Violation Use Fee is only intended to remedy damages that Town suffers because of Wireless Provider's breach of this Agreement. Wireless Provider's payment of Violation Use Fee does not in any way excuse any breach by Wireless Provider of these Terms or limit in any way Town's obtaining any other legal or equitable remedy provided by these Terms or otherwise for such breach. For example, Wireless Provider's obligation to pay Violation Use Fee does not in any way detract from Wireless Provider's indemnity and insurance obligations under these Terms, which shall apply according to their terms in addition to Wireless Provider's obligation to pay Violation Use Fee. 38 9.3.2 Town may elect to draw upon the letter of credit to collect the Violation Use Fee. 9.3.3 The Violation Fee Provisions and the amount of the Violation Use Fee per day or part thereof are as follows: 9.3.3.1 The amount of Six Hundred Dollars 600.00) per day for Wireless Provider's failure to properly restore the public Right-of-way or to correct related violations of specifications, code, ordinance or standards within ten (10) business days after Town's notice to correct such defects. Such Violation Use Fee shall be in addition to any cost the Town may incur to restore the Right-of-way or correct the violation. 9.3.3.2 The amount of Five Hundred Dollars 500.00) per instance of any other action or non-action by the Wireless Provider contrary to these Terms herein and that is not cured after three (3) business days' notice. 9.3.4 Violation Use Fees shall be assessed as follows: 9.3.4.1 If Town determines that Wireless Provider is 0 liable for Violation Use Fee, then Town shall issue to Wireless Provider a notice of Town's assessing a Violation Use Fee. The notice shall set forth the nature of the violation and the amount of the assessment. 9.3.4.2 Wireless Provider shall pay the Violation Use Fee within ten (10) days after Town's notice. However, if the Violation Use Fee amount exceeds Five Thousand Dollars ($5,000), then the following shall apply: 9.3.4.2.1 Wireless Provider shall have thirty (30) days after the notice to pay the Violation Use Fee or give Town notice contesting the assertion of noncompliance. 9.4 Reimbursement of Town's Expenses. Wireless Provider shall pay to Town within thirty (30) days after Town's demand any and all amounts expended or incurred by Town in performing Wireless Provider's obligations upon Wireless Provider's failure to perform the same after notice from Town) together with interest thereon at the rate of twelve percent (12%) per annum from the date expended or incurred by Town. 0 10. BREACH BY TOWN. 39 Notwithstanding anything in these Terms to the contrary, if Town at any time is required to pay to Wireless Provider any amount or render any performance, such amount or performance is not due until thirty (30) days after notice by Wireless Provider to Town that the amount has become payable or that the performance is due. In the event a cure cannot be effected during that period, Town shall not be in default so long as Town commences cure during the period and diligently prosecutes the cure to completion provided such cure must be completed within sixty (60) days after the notice. 10.1 Right to Setoff and Credit. In addition to its other rights and remedies Town shall have the right to setoff and credit from time to time and at any time, any and all amounts due from Wireless Provider to Town, whether pursuant to these Terms herein or otherwise, against any sum which may be due from Town to Wireless Provider. 11. NON-WAIVER. Wireless Provider acknowledges Wireless Provider's unconditional obligation to comply with these Terms herein. No failure by Town to demand any performance required of Wireless Provider under these Terms herein, and no acceptance by Town of any imperfect or partial performances under these Terms herein, shall excuse such performance or impair in any way Town's ability to insist, prospectively and retroactively, upon full compliance with these Terms herein. No acceptance by Town of Use Fee payments or other performances hereunder shall be deemed a compromise or settlement of any right Town may have for additional, different or further payments or performances as provided for in these Terms. Any waiver by Town of any breach of condition or covenant herein contained to be kept and performed by Wireless Provider shall not be deemed or considered as a continuing waiver and shall not operate to bar or otherwise prevent Town from declaring a default for any breach or succeeding or continuing breach either of the same condition or covenant or otherwise. No statement, bill or notice by Town or Wireless Provider concerning payments or other performances due hereunder, or failure by Town to demand any performance hereunder, shall excuse Wireless Provider from compliance with its obligations nor estop Town (or otherwise impair Town's ability) to at any time correct such notice and/or insist prospectively and retroactively upon full compliance with the License Agreement. No waiver of any description (INCLUDING ANY WAIVER OF THIS SENTENCE OR PARAGRAPH) shall be effective against Town unless made in writing by a duly authorized representative of Town specifically identifying the particular provision being waived and specifically stating the scope of the waiver. WIRELESS PROVIDER EXPRESSLY DISCLAIMS AND SHALL NOT HAVE THE RIGHT TO RELY ON ANY SUPPOSED WAIVER OR OTHER CHANGE OR MODIFICATION, WHETHER BY WORD OR CONDUCT OR OTHERWISE, NOT CONFORMING TO THIS PARAGRAPH. 12. TERMINATION. 40 The following provisions shall apply at the expiration of the term or earlier termination of each License Agreement and Encroachment Permit: 12.1 Surviving Obligations. Expiration or termination of a License Agreement or Encroachment Permit does not terminate Wireless Provider's obligations existing or arising prior to or simultaneous with, or attributable to, the termination or events leading to or occurring before termination. 12.2 Delivery of Possession. Wireless Provider shall cease using the Use Areas associated with the expired or terminated License Agreement or Encroachment Permit. Wireless Provider shall, without demand, peaceably and quietly quit and deliver up the Use Areas to Town thoroughly cleaned, in good repair with the Use Areas maintained and repaired and in as good order and condition, reasonable use and wear excepted, as the Use Areas now are or in such better condition as the Use Areas may hereafter be placed. 12.3 Confirmation of Termination. Upon expiration or termination of a License Agreement or Encroachment Permit for any reason, Wireless Provider shall provide to Town upon demand recordable disclaimers covering the Use Areas executed and acknowledged by Wireless Provider and by all persons claiming through this License Agreement, Encroachment Permit or Wireless Provider any interest in or right to use the Use Areas. 12.4 Removal of Improvements. Wireless Provider shall remove all Communications Equipment and restore the Use Areas including Utility Pole, mast arms, luminaires, or wireless support structure to its prior condition, or to a condition matching Town's surrounding land and improvements, as directed by Town, at Wireless Provider's expense prior to normal expiration of the term of a License Agreement or Encroachment Permit; or within sixty (60) days after early termination of a License Agreement or Encroachment Permit. Without limitation, such work shall include revegetation and appropriate irrigation systems for revegetated areas. Notwithstanding anything in the License Agreement and these Terms to the contrary, Town may elect to require Wireless Provider to leave any or all construction or other items (except the Communications Equipment) in place, and all such items shall be owned by Town. Unless Town directs otherwise, all wiring, pipes and conduits shall be left in good and safe condition, in working order, with each end properly labeled and enclosed in proper junction boxes. 12.5 Prior Improvements. This article also applies to any improvements that Wireless Provider may have made to the Use Areas. 13. INSURANCE. During the entire term of any License Agreement or Encroachment Permit, Wireless Provider shall insure its property and activities at and about the Use Areas and shall provide insurance and indemnification as follows: 41 13.1 Insurance Required. Not later than the date of this License Agreement, and at all times thereafter when Wireless Provider is occupying or using the Use Areas in any way, Wireless Provider shall obtain and cause to be in force and effect the following insurance: 13.1.1 Commercial General Liability. Commercial general liability insurance with a limit of Ten Million and No/100 Dollars 10,000,000.00) for each occurrence, a limit of Ten Million and No/100 Dollars ($10,000,000.00) for products and completed operations annual aggregate, and a limit of Ten Million and No/100 Dollars ($10,000,000.00) general aggregate limit per policy year. The policy shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, bodily injury, advertising injury, and liability assumed under an "insured contract" including this License Agreement. The policy will cover Wireless Provider's liability under the indemnity provisions set forth in these Terms. The policy shall contain a "separation of insured's" clause. 13.1.2 Automobile Liability. Automobile liability insurance with a limit of One Million Dollars ($1,000,000) for each occurrence covering any and all owned, hired, and non-owned vehicles assigned to or used in any way in connection with Wireless Provider's use of the Right-of-way. Without limitation, such insurance shall cover hazards of motor vehicle use for loading and off loading. 13.1.3 Workers' Compensation. Such workers' compensation and similar insurance as is required by law and employer's liability insurance with a minimum limit of One Hundred Thousand Dollars 100,000) for each accident, One Hundred Thousand Dollars 100,000) disease for each employee, Five Hundred Thousand Dollars ($500,000) policy limit for disease. All contractors and subcontractors must provide like insurance. 13.1.4 Special Risk Property. Unless waived by Town in writing, all risk property insurance covering damage to or destruction of all real and personal improvements to the Right-of-way, including without limitation, all improvements existing upon the Right-of-way prior to this License Agreement or hereafter constructed in an amount equal to full replacement cost of all such improvements. Such insurance shall be special causes of loss policy form minimally including perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft, vehicles, riot, civil commotion, theft, vandalism, malicious mischief, collapse and flood). Coverage shall include pollutant clean up and removal with minimum limits coverage of Fifty-Thousand Dollars ($50,000.00). 42 13.1.5 Other Insurance. Any other insurance Town may reasonably require for the protection of Town and Town's employees, officials, representatives, officers and agents (all of whom, including Town, are collectively "Additional Insureds"), the Right-of-way, surrounding property, Wireless Provider, or the activities carried on or about the Right-of-way. Such insurance shall be limited to insurance a reasonable person owning, leasing, designing, constructing, occupying, or operating similar facilities might reasonably purchase. 13.2 Policy Limit Escalation. Town may elect by notice to Wireless Provider to increase the amount or type of any insurance to account for inflation, changes in risk, or any other factor that Town reasonably determines to affect the prudent amount of insurance to be provided. 13.3 Form of All Insurance. All insurance provided by Wireless Provider with respect to the Right-of-way, whether required in these Terms or not, shall meet the following requirements: 13.3.1 "Occurrence" coverage is required. 13.3.2 If Wireless Provider uses any excess insurance then such excess insurance shall be "follow form" equal to or broader in coverage than the underlying insurance. 0 13.3.3 Policies must also cover and insure Wireless Provider's activities relating to the business operations and activities conducted away from the Right-of-way. 13.3.4 Within five (5) business days of receiving a written request from the Town, Wireless Provider shall provide copies of insurance certificates, insurance policies, formal endorsements or other documentation acceptable to Town that all insurance coverage required herein is provided. 13.3.5 Wireless Provider's insurance shall be primary insurance with respect to claims arising out of Wireless Provider's operations, activities and obligations set forth in these Terms. 13.3.6 All policies, including workers' compensation, shall waive transfer rights of recovery (subrogation) against Town, and the other Additional Insureds. 13.3.7 All deductibles, retentions, or "self-insured" amounts shall be subject to the following: 13.3.7.1 Wireless Provider shall be solely responsible 4110 for any self-insurance amount or deductible. 43 13.3.7.2 Such amounts shall not exceed in total One Hundred Thousand Dollars ($100,000.00) per loss. At such times as Wireless Provider's net worth is more than One Hundred Million Dollars ($100,000,000.00), such limit shall be One Million and No/100 Dollars 1,000,000.00). 13.3.7.3 Any self-insured exposure shall be deemed to be an insured risk under this License Agreement. 13.3.7.4 Wireless Provider shall provide to the beneficiaries of all such amounts no less insurance protection than if such self-insured portion was fully insured by an insurance company of the quality and caliber required hereunder. 13.3.7.5 The right to self-insure is limited and specific to Wireless Provider and does not extend to Wireless Provider's contractors or others. 13.3.8 All policies except workers' compensation must name Town and the other Additional Insureds as additional insureds. Wireless Provider shall cause coverage for Additional Insureds to be incorporated into each insurance policy by endorsement with respect to claims arising out of Wireless Provider's operations, activities and obligations under the License Agreement. 13.3.9 All policies must require the insurer to provide Town with at least thirty (30) days' prior notice of any cancellation. The insurer's duty to notify Town of changes in coverage shall not include phrases such as "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." 13.3.10 All policies shall require that notices be given to Town in the manner specified for notices to Town set forth in the License Agreement and these Terms. 13.4 Insurance Certificates. Wireless Provider shall evidence all insurance by furnishing to Town certificates of insurance annually and with each change in insurance coverage. Certificates must evidence that the policy described by the certificate is in full force and effect and that the policy satisfies each requirement of these Terms applicable to the policy. For example, certificates must evidence that Town and the other Additional Insureds are additional insureds. Certificates must also be in an industry standard form reasonably acceptable to Town. Wireless Provider shall provide updated certificates at Town's request. 13.5 Acceptable Insurers. All insurance policies shall be issued by insurers acceptable to Town. At a minimum, all insurers shall be duly licensed (or 44 qualified unlicensed non-admitted insurer) by the State of Arizona, Department of Insurance. At a minimum, all insurers shall have and maintain an A.M. Best, Inc. rating of B++ 6. 13.6 No Representation of Coverage Adequacy. By requiring insurance herein, Town does not represent that coverage and limits will be adequate to protect Wireless Provider. Town reserves the right to review any and all of the insurance policies and/or endorsements cited in these Terms but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in these Terms or failure to identify any insurance deficiency shall not relieve Wireless Provider from, nor be construed or deemed a waiver of, Wireless Provider's obligation to maintain the required insurance at all times. 13.7 Risk of Loss. Wireless Provider assumes the risk of any and all loss, damage or claims related to Wireless Provider's use of the Right-of-way or other property of Town, Wireless Provider or third parties throughout the term of any License Agreement or Encroachment Permit. Wireless Provider shall be responsible for any and all damage to its property and equipment related to the License Agreement or Encroachment Permit. 13.8 Insurance to be Provided by Others. Wireless Provider shall cause its contractors or other persons occupying, working on or about, or using the Right- of-way pursuant to these Terms to be covered by their own or Wireless 1110 Provider's insurance as required by these Terms. The required policy limits for commercial general liability insurance provided by such persons shall be One Million Dollars ($1,000,000) for each occurrence, One Million Dollars 1,000,000) for products and completed operations annual aggregate, and Two Million Dollars ($2,000,000) general aggregate limit per policy year. This paragraph does not apply to persons who do not actually perform physical labor in the Right-of-way (such as Wireless Provider's consulting design engineers). 14. INDEMNITY. In addition to all other indemnities and other obligations hereunder, to the fullest extent permitted by law, throughout the term of any License Agreement or Encroachment Permit and until all obligations and performances under or related to the License Agreement (including these Terms) are satisfied and all matters described in this Paragraph are completely resolved, Wireless Provider and all other persons using, acting, working or claiming through or for Wireless Provider (if they or their subcontractor, employee or other person or entity hired or directed by them participated in any way in causing the claim in question) shall jointly and severally indemnify, defend and hold harmless Town and all other Additional Insureds for, from and against any and all claims or harm related to Wireless Provider's use of the Right- of-way or the rights granted to Wireless Provider with respect to the Right-of-way or Wireless Provider's exercise of its rights under these Terms (the "Indemnity"). Without I limitation, the Indemnity shall include and apply to any and all allegations, demands, judgments, assessments, taxes, impositions, expenses, proceedings, liabilities, 45 obligations, suits, actions, claims (including without limitation claims of personal injury, bodily injury, sickness, disease, death, property damage, destruction, loss of use, financial harm, or other impairment), damages, losses, expenses, penalties, fines or other matters (together with all attorney fees, court costs, and the cost of appellate proceedings and all other costs and expenses of litigation or resolving the claim) that may arise in any manner out of any use of the Right-of-way or other property pursuant to any License Agreement or Encroachment Permit or any actions, acts, errors, mistakes or omissions relating to work or services in the performance of or related to the License Agreement, including without limitation any injury or damages or cause of action claimed or caused by any employees, contractors, subcontractors, tenants, subtenants, agents or other persons upon or using the Right-of-way or surrounding areas related to Wireless Provider's exercise of its rights under this License Agreement, including without limitation, claims, liability, harm or damages caused in part by Town or any other Additional Insured or anyone for whose mistakes, errors, omissions or negligence Wireless Provider or Town may be liable (collectively, Claims"). As a condition to Town's approval of any License Agreement or Encroachment Permit, Wireless Provider specifically agrees that to the extent any provision of this paragraph is not fully enforceable against Wireless Provider for any reason whatsoever, this Paragraph shall be deemed automatically reformed to the minimal extent necessary to cause it to be enforceable to the fullest extent permitted by law. The Indemnity shall also include and apply to any environmental injury, personal injury or other liability relating to Wireless Provider's use of real property under the License Agreement or any Encroachment Permits. Notwithstanding the foregoing, the Indemnity does not apply to Claims arising only from the sole gross negligence or intentionally wrongful acts of Town or to Claims that the law prohibits from being imposed upon the indemnitor. 15. CONDEMNATION. The following shall govern any condemnation of any part of or interest in the Use Areas and any conveyance to Town or another condemnor in avoidance or settlement of condemnation or a threat of condemnation: 15.1 Termination for Condemnation. The Encroachment Permit for the Use Area shall terminate on the date (the "Condemnation Date") that is the earlier of the date title vests in the condemnor, or the date upon which the condemnor is let into possession. Notwithstanding the foregoing, if Town reasonably determines that the Use Areas continue to be suitable for Wireless Provider to conduct the Permitted Uses, Town may elect to cause the Encroachment Permit to continue to remain in effect as to the part of the Use Areas not taken and the Use Fee shall not be reduced or abated. Nevertheless, if Wireless Provider reasonably determines that the Use Areas are not suitable for Wireless Provider to conduct the Permitted Uses, then the Encroachment Permit shall terminate. 15.2 Condemnation Proceeds. Wireless Provider hereby assigns and transfers to Town Wireless Provider's entire interest in all condemnation damages, interest, severance damages, and any other payments or proceeds of any kind relating to the condemnation (collectively the "Condemnation 46 Proceeds"). Wireless Provider shall execute and deliver to Town assignments or other instruments requested by Town confirming such assignment and transfer. Wireless Provider shall immediately pay to Town any Condemnation Proceeds Wireless Provider may receive. The Condemnation Proceeds shall not include relocation benefits, if any, awarded specifically to Wireless Provider to cover expenses of relocating Wireless Provider's business located at the Use Areas at the time of the condemnation, or any compensation specifically awarded to Wireless Provider for any taking of the Communications Equipment itself. Any repair, relocation or similar costs relating to the Communications Equipment shall be borne by Wireless Provider. 15.3 Power to Condemn. Wireless Provider acknowledges that Town and others from time-to-time may use the power to condemn the Use Areas or any interest therein or rights thereto. Town has not relinquished any right of condemnation or eminent domain over the Use Areas. Town does not warrant that Town will not condemn the Use Areas during the term of this License Agreement, but Town does not presently have intentions to condemn the Use Areas. 16. DAMAGE TO OR DESTRUCTION OF USE AREAS. The following provisions shall govern damage to or destruction of the Use Areas by fire, flood, explosion, the elements, the public enemy, or other casualty (collectively "Casualty Damage"): 16.1 Damage to Wireless Provider's Improvements. Wireless Provider shall commence restoring the Casualty Damage to Wireless Provider's Improvements within thirty (30) days after any Casualty Damage occurs. Wireless Provider shall complete the restoration work within thirty (30) days after commencement. Such work shall be subject to the plans approval process and all other requirements for Wireless Provider's Improvements. Wireless Provider shall perform all restoration work at Wireless Provider's sole cost and expense. 16.2 Monthly Restoration Work Report. Wireless Provider shall provide to Town no later than the tenth day of each month a written narrative report of the progress of the restoration work. 17. WIRELESS PROVIDER'S RECORDS. During the entire term of any License Agreement, Wireless Provider shall keep records and provide information to Town as follows: 17.1 Scope of Information. Unless otherwise specified, all of Wireless Provider's recordkeeping and disclosure obligations under this article are limited to the following (collectively the "Covered Information"): 47 17.1.1 The status of the construction, repair or restoration of Wireless Provider Improvements. 17.1.2 Information indicating whether Town or Wireless Provider is in compliance with the terms herein. 17.2 Records Inspection. At Wireless Provider's expense, Wireless Provider shall: 17.2.1 Permit and assist Town and its representatives upon twenty- one (21) days' notice to inspect, audit, and copy Wireless Provider's records of Covered Information. 17.2.2 Make the records of Covered Information (and reasonable accommodations for Town's audit and inspection) available to Town at Wireless Provider's offices in Maricopa County, Arizona. 17.2.3 Cause Wireless Provider's employees and agents and accountants to give their full cooperation and assistance in connection with Town's access to the Covered Information. 17.3 Record Retention. Wireless Provider shall preserve records of the Covered Information in a secure place at Wireless Provider's corporate headquarters in the continental United States for a period ending seven (7) years 0 after the time period reported by the records. 17.4 Record Media Included. Town's and Wireless Provider's rights and obligations regarding the Covered Information apply regardless of the type of media, materials, or data repositories that may contain the Covered Information. Town shall have access to Covered Information contained, without limitation, in records, books, papers, documents, recordings, computer data, contracts, logs, notes, ledgers, correspondence, reports, drawings, and memoranda, and any and all other sources, records and repositories of Covered Information. 17.5 Reports. Wireless Provider shall deliver to Town written reports (and, if requested by Town, a presentation to Town's governing council or designee) covering such Covered Information as Town may request from time to time. 17.6 Standards for Records. Wireless Provider shall maintain a standard, modern system of record keeping for the Covered Information and shall keep and maintain proper and accurate books and other repositories of information relating to the Covered Information. 18. COMPLIANCE WITH LAW. Wireless Provider shall perform its obligations under the License Agreement including these Terms ) and any Encroachment Permit in accordance with all federal, state, county and local laws, ordinances, regulations or other rules or policies as are 48 now in effect or as may hereafter be adopted or amended. Without limiting in any way the generality of the foregoing, Wireless Provider shall comply with all and each of the following: 18.1 Applicability of Municipal Law. Without limitation, Wireless Provider shall comply with municipal laws as follows: 18.1.1 Wireless Provider acknowledges nothing set forth herein or by approval of a License Agreement or issuance of an Encroachment Permit constitutes, and Town has not promised or offered, any type of waiver of, or agreement to waive (or show any type of forbearance, priority or favoritism to Wireless Provider with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement now or hereafter imposed by the Town of Fountain Hills or any other governmental body upon or affecting Wireless Provider, the Use Areas, or the Street Parcel or Wireless Provider's use of the Use Areas, the Street Parcel or the Right-of- way. 18.1.2 All of Wireless Provider's obligations hereunder are in addition to, and cumulative upon (and not to any extent in substitution or satisfaction of), all existing or future laws and regulations applicable to Wireless Provider. 18.1.3 Town by approving this License Agreement or any Encroachment Permit cannot, and has not, relinquished or limited any right of condemnation or eminent domain over the Right-of-way or any other property related to the License Agreement or Encroachment Permit, or within the Right-of-way. 18.1.4 The approval of this License Agreement or issuance of any Encroachment Permit cannot and does not impair Town's, power to enact, apply or enforce any laws or regulations, or exercise any governmental powers affecting in any way Wireless Provider, the Use Areas, the Street Parcel, or the Right-of-way. 18.1.5 Town's rights and remedies under this License Agreement and any Encroachment Permit for Wireless Provider's failure to comply with all applicable laws supplement and are in addition to and do not replace otherwise existing powers of the Town of Fountain Hills or any other governmental body. 18.1.6 Wireless Provider's rights under this License Agreement and any Encroachment Permit are further subject to all present and future building restrictions, regulations, zoning laws, and all ordinances, resolutions, rules and orders of all bodies, bureaus, commissions and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction over the Use Areas or 49 Wireless Provider's use thereof. Wireless Provider shall comply with all of the foregoing. 18.2 Radio Frequency Compliance Requirements. Wireless Provider shall document, report and confirm its compliance with Federal Communications Commission ("FCC") Radio Frequency Exposure Guidelines (FCC OET Bulletin 65) and all other applicable radio frequency emissions laws and regulations in effect from time to time (collectively, the "FCC Rules") as follows: 18.2.1 Wireless Provider shall cause its senior internal engineer responsible for compliance with the FCC Rules to deliver to Town a written letter (the "RE Letter"), as follows: 18.2.1.1 The RF Letter shall attest that Wireless Provider's operation of the Communications Equipment is in compliance with the FCC Rules. A statement from Wireless Provider declaring exemption from reporting to FCC is not acceptable to comply with the requirements of this paragraph. 18.2.2 Wireless Provider shall maintain records of radio frequency measurements and Communications Equipment performance in accordance with the FCC Rules. 18.2.3 Wireless Provider shall also evidence and demonstrate its compliance with the FCC Rules in such manner and at such intervals as the Town of Fountain Hills Zoning Ordinance and other applicable laws and regulations may mandate. 18.3 Use Area Regulations. Town reserves the right to adopt, amend and enforce against Wireless Provider rules and regulations governing the operation of the Street Parcel, including the Use Areas, Wireless Provider's activities therein and thereon, and the public areas and facilities used by Wireless Provider in connection therewith. 18.4 Taxes, Liens and Assessments. In addition to all other amounts herein provided and to the extent consistent with applicable law, Wireless Provider shall pay, when the same become due and payable, all taxes and general and special fees, charges and assessments of every description that during the term of any License Agreement or Encroachment Permit may be levied upon or assessed upon or with respect to Wireless Provider's use of the Right-of-way, the operations conducted therein, any amounts paid or other performances required by these Terms by either party, and all possessory interest in the Right-of-way and Wireless Provider's improvements and other property thereon. Wireless Provider shall pay, indemnify, defend and hold harmless Town from any and all such obligations, including any interest, penalties and other expenses which may be imposed, and from any lien therefor or sale or other proceedings to enforce payment thereof. 50 18.5 Permits. Nothing in these Terms relieves Wireless Provider of the obligation to obtain permits, licenses and other approvals from Town or other units of government that are required for the erection, construction, reconstruction, installation, operation or maintenance of the Communications Equipment or provision of telecommunications services; or from compliance with applicable municipal codes, ordinances, laws and policies, such as zoning and land use ordinances and regulations, pavement cut and restoration ordinances and regulations, subdivision and project improvement ordinances, curb cut permits, building permits, Right-of-way permits, encroachment permits, traffic control permits and the like. 19. ASSIGNABILITY. The License Agreement or Encroachment Permit(s) are not assignable by Wireless Provider (and any assignment shall be void and vest no rights in the purported assignee) unless the assignment is made in strict compliance with the following: 19.1 Assignments Affected. Every assignment of any of Wireless Provider's interest in the Right-of-way, the License Agreement, Encroachment Permit(s) or these Terms or any of Wireless Provider's rights or interests hereunder is prohibited unless Wireless Provider first receives from Town notice of Town's consent to the assignment, where Town's consent to such assignment not to be unreasonably withheld, conditioned, or delayed. All references in these Terms to assignments by Wireless Provider or to assignees shall be deemed also to apply to all of the following transactions, circumstances and conditions and to all persons claiming pursuant to such transactions, circumstances and conditions: 19.1.1 Any voluntary or involuntary assignment, conveyance or transfer of Wireless Provider's right to use the Right-of-way under this License Agreement or any interest or rights of Town under this License Agreement, in whole or in part. 19.1.2 Any voluntary or involuntary pledge, lien, mortgage, security interest, judgment, claim or demand, whether arising from any contract, any agreement, any work of construction, repair, restoration, maintenance or removal, or otherwise affecting Wireless Provider's rights to use the Right-of-way (collectively "Liens"). 19.1.3 Any assignment by Wireless Provider of any interest in the License Agreement or Encroachment Permit(s) for the benefit of creditors, voluntary or involuntary. 19.1.4 A Wireless Provider Insolvency. 19.1.5 The occurrence of any of the foregoing by operation of law or otherwise. 51 19.1.6 The occurrence of any of the foregoing with respect to any assignee or other successor to Wireless Provider. 19.2 Pre-approved Assignments. Subject to certain conditions hereafter stated, Town hereby consents to certain assignments (the "Pre-approved Assignments"). Only the following assignments are Pre-approved Assignments: 19.2.1 Complete Assignment of License Agreement and Encroachment Permits. Wireless Provider's complete assignment of all of Wireless Provider's rights and Interests in the Right-of-way, the approved License Agreement and all Encroachment Permits to a single assignee who meets all of the following requirements, as determined by Town in Town's reasonable discretion (a "Qualified Operator"): 19.2.1.1 The assignee has experience, management, credit standing and financial capacity and other resources equal to or greater than Wireless Provider's and adequate to successfully perform the obligations set forth herein. 19.2.1.2 The assignee is experienced in the management and operation of similar projects. ID 19.2.1.3 The assignee assumes all of Wireless Provider's obligations herein. 19.2.1.4 The assignee has a net worth of not less than Fifty Million and No/100 Dollars ($50,000,000.00). 19.2.2 Stock Transfers. The transfer of publicly traded stock, regardless of quantity. 19.2.3 Merger. The merger or consolidation of Wireless Provider with another entity that is a Qualified Operator. 19.2.4 Common Ownership Transfer. Wireless Provider's complete assignment of all of Wireless Provider's rights and interests in the Right-of-way, the approved License Agreement and Encroachment Permits to single assignee who is and remains a wholly owned subsidiary of Wireless Provider's sole owner as of the date of the License Agreement (or a wholly owned subsidiary of a wholly owned subsidiary of Wireless Provider's sole owner as of the date of the License Agreement). 19.3 Limitations on Assignments. Town's consent to any assignment, including without limitation, Pre-approved Assignments, is not effective until the kV following conditions are satisfied: 52 19.3.1 Except for the sale of stock, Wireless Provider shall provide to Town a complete copy of the document assigning its interests, or other such documentation acceptable to the Town. 19.3.2 Each assignee must execute an assumption of the License Agreements and/or the Encroachment Permits in form acceptable to Town. 19.3.3 Each Pre-approved Assignment must satisfy all other requirements of these Terms pertaining to assignments. 19.4 Assignment Remedies. Any assignment without Town's consent shall be void and shall not result in the assignee obtaining any rights or interests. Town may, in its sole discretion and in addition to all other remedies available to Town under these Terms or otherwise, and in any combination, terminate any and all of the License Agreement and Encroachment Permits, collect Use Fees from the assignee and/or declare the assignment to be void, all without prejudicing any other right or remedy of Town under these Terms. No cure or grace periods shall apply to assignments prohibited under these Terms or to enforcement of any provision under these Terms against an assignee who did not receive Town's consent. 19.5 Effect of Assignment. Prior to any effective assignment, each assignee must execute an assumption of each License Agreement and Encroachment IP Permit in the form attached hereto as Exhibit "C." No action or inaction by Town shall be deemed a waiver of the prohibition on assignments or any other provision herein, or the acceptance of the assignee, Wireless Provider or occupant as Wireless Provider, or a release of Wireless Provider from the further performance by Wireless Provider of the provisions of these Terms. Consent by Town to an assignment shall not relieve Wireless Provider from obtaining Town's consent to any further assignment. No assignment shall release Wireless Provider from any liability hereunder. 19.6 Enforceability after Assignment. No consent by Town shall be deemed to be a novation. Town's consent to any assignment does not in any way expand or modify the terms set forth in these Terms or waive, diminish or modify any of Town's rights or remedies under the License Agreement or any Encroachment Permit. The terms set forth in these Terms shall be enforceable against Wireless Provider and each successor, partial or total, and regardless of the method of succession, to Wireless Provider's interest hereunder. Each successor having actual or constructive notice of the License Agreement, these Terms or any Encroachment Permit shall be deemed to have agreed to the preceding sentence. 19.7 Grounds for Refusal. Except for the Preapproved Assignments, no assignment of the License Agreement or any Encroachment Permit by Wireless Provider is contemplated or bargained for. Without limitation, Town has the right IPto impose upon any consent to assignment such conditions and requirements as Town may deem appropriate. 53 19.8 Consent to Assignments. Wireless Provider shall attach to each Pre- approved Assignment a copy of Wireless Provider's notice to Town of the Pre- approved Assignment and other required documents. Wireless Provider shall attach to each other assignment, a copy of Town's notice to Wireless Provider of Town's consent to the assignment. These Terms shall continue to be enforceable according to its terms in spite of any provisions of any documents relating to an assignment. 19.9 Assignment Fee. Wireless Provider shall pay to Town in advance the sum of Five Hundred Dollars ($500) as a nonrefundable fee for legal, administrative and other expenses related to every Pre-approved Assignment other than the sale of publicly traded stock) or to any request for a consent to assignment, whether or not Town grants such request. 20. MISCELLANEOUS. The following additional provisions apply to these Terms: 20.1 Amendments. These Terms may not be amended except by a formal writing executed by all of the parties. 20.2 Dates. Any reference to a year shall refer to a calendar year unless a fiscal year is specifically stated. Sunday, Saturday and Arizona legal holidays are holidays for purposes of the License Agreement and issued Encroachment Permits. 20.3 Time of Essence. Time is of the essence of each and every provision of the License Agreement and issued Encroachment Permits. 20.4 Severability. If any provision of these Terms shall be ruled by a court or agency of competent jurisdiction to be invalid or unenforceable for any reason, then: 20.2.1 The invalidity or unenforceability of such provision shall not affect the validity of any remaining provisions of these Terms. 20.2.2 These Terms shall be automatically reformed to secure to the parties the benefits of the unenforceable provision, to the maximum extent consistent with law. 20.5 Conflicts of Interest. No officer, representative or employee of Town shall have any direct or indirect interest in the License Agreement or any Encroachment Permit, nor participate in any decision relating to the License Agreement or any Encroachment Permit that is prohibited by law. Notwithstanding the foregoing, pursuant to A.R.S. § 38-511, the Town of Fountain Hills may cancel the License Agreement or any Encroachment Permit, without penalty or further obligation, if any person significantly involved in 54 initiating, negotiating, securing, drafting or creating the License Agreement or associated Encroachment Permits on behalf of the Town is, at any time while the License Agreement or Encroachment Permits is in effect, or any extension thereof, an employee, agent or consultant to Wireless Provider in any capacity. 20.6 No Partnership. The transactions and performances contemplated hereby shall not create any sort of partnership, joint venture or similar relationship between the parties. 20.7 Nonliability of Officials and Employees. No official, representative or employee of Town shall be personally liable to any party, or to any successor in interest to any party, in the event of any default or breach by Town or for any amount which may become due to any party or successor, or with respect to any obligation of Town or otherwise under the terms of any License Agreement or related to any License Agreement or Encroachment Permit. 20.8 Notices. Notices hereunder shall be given in writing delivered to the other party or mailed by registered or certified mail, return receipt requested, postage prepaid or a national overnight express courier (such as Federal Express or UPS) to the addresses set forth in the License Agreement and to the Town as follows: If to Town: Town of Fountain Hills 16705 E. Avenue of the Fountains II Fountain Hills, AZ 85268 Attn: Town Manager Copy to: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Attn: Development Services Director 0 55 Town of Fountain Hills 0 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Attn: Town Attorney By notice from time to time, a person may designate any other street address within Maricopa County, Arizona as its address for giving notice hereunder. Service of any notice (i) if by registered or certified ail shall be deemed to be complete three (3) days (excluding Fridays, Saturday, Sunday and legal holidays) after the notice is deposited in the United States mail or (ii) if by overnight courier upon receipt. 20.9 Construction. Whenever the context of these Terms requires herein the singular shall include the plural, and the masculine shall include the feminine. 20.10 Funding. This subparagraph shall control notwithstanding any provision of the License Agreement or any exhibit or other agreement or document related hereto. If funds necessary to fulfill Town's obligations under the License Agreement or any Encroachment Permit are not appropriated by the Town of Fountain Hills Town Council, Town may terminate the License Agreement or any Encroachment Permit, by notice to Wireless Provider. Town shall use best efforts to give notice of such a termination to Wireless Provider at least thirty 30) days prior to the end of Town's then current fiscal period. Termination in accordance with this provision shall not constitute a breach of the License Agreement or Encroachment Permit byTown. No person will be entitled to any compensation, damages or other remedy from Town if the License Agreement or any Encroachment Permit is terminated pursuant to the terms of this subsection. 20.11 Paragraph Headings. The paragraph headings contained herein are for convenience in reference and not intended to define or limit the scope of any provision of the License Agreement. 20.12 No Third Party Beneficiaries. No person or entity shall be a third party beneficiary to the License Agreement or shall have any right or cause of action hereunder. Town shall have no liability to third parties for any approval of plans, Wireless Provider's construction of improvements, Wireless Provider's negligence, Wireless Provider's failure to comply with the provisions of these Terms (including any absence or inadequacy of insurance required to be carried by Wireless Provider). 20.13 Exhibits. All Exhibits specifically stated to be attached hereto as specified herein are hereby incorporated into and made an integral part of the License Agreement for all purposes. 20.14 Attorneys' Fees. If any action, suit or proceeding is brought by either 0 party hereunder to enforce the License Agreement or any issued Encroachment Permit or for failure to observe any of the covenants of the License Agreement, 56 these Terms or any issued Encroachment Permit, or to vindicate or exercise any rights or remedies hereunder, the prevailing party in such proceeding shall be entitled to recover from the other party such prevailing party's reasonable attorneys' fees and other reasonable litigation costs (as determined by the court and not a jury) in such proceeding). 20.15 Approvals and Inspections. All approvals, reviews and inspections by Town are for Town's sole benefit and not for the benefit of Wireless Provider, its contractors, engineers or other consultants or agents, or any other person. 20.16 Legal Workers. If and to the extent A.R.S. § 41-4401 is applicable, Wireless Provider shall comply with laws regarding workers as follows: 20.16.1 Wireless Provider warrants to Town that Wireless Provider and all its subcontractors will comply with all federal immigration laws and regulations that relate to their employees and that Wireless Provider and all its subcontractors now comply with the E- Verify Program under A.R.S. § 23-214(A). 20.16.2 A breach of the foregoing warranty by Wireless Provider shall be deemed a material breach of the License Agreement and any issued Encroachment Permit that is subject to penalties up to and including termination of this License Agreement and any issued Encroachment Permits. 20.16.3 Town retains the legal right to inspect the papers of any employee of Wireless Provider or any subcontractor who works on a Use Area pursuant to License Agreement and any Encroachment Permit to ensure that they or the subcontractor is complying with the warranty given above. 20.16.4 Town may conduct random verification of Wireless Provider's and its subcontractors' employment records to ensure compliance with the warranty given above. 20.16.5 Wireless Provider shall indemnify, defend and hold Town harmless for, from and against all losses and liabilities arising from any and all violations of the warranty given above. 57 EXHIBIT A le TOWN'S DESIGN GUIDELINES] See following pages 58 vx'tAINxjl z fl that tio0i 2018 Town of Fountain Hills Small Wireless Facilities in the Right-of-Way Design Standards & Guidelines 59 Town of Fountain Hills Design Standards, Concepts and Requirements Small Wireless Facilities in the Right-of-Way Table of Contents Table of Contents 60 Definitions 62 Small Wireless Facility on Existing Streetlight 65 Small Wireless Facility on Traffic Signal Pole 68 Small Wireless Facility on Existing Utility Pole 71 Common Standard Design Concepts, Requirements and Details 76 Town of Fountain Hills Contacts 83 Exhibit Al Calculation Points for Height of an Existing Streetlight with Separated Luminaire Mast Arm ..... 84 Exhibit A2 Calculation Points for Height of an Existing Streetlight with Integrated Luminaire Mast Arm 85 IL Exhibit B Calculation Points for Height of Existing Traffic Signal Pole 86 Exhibit C Dog House— Cable Transition from Underground to Electric Utility Pole 87 Exhibit D1 Antenna Shrouds—45 Degrees 88 Exhibit D2 Antenna Shrouds —90 Degrees 89 Exhibit D3 Unacceptable Visible Cables 90 Exhibit El Examples of Electrical Meter Pedestals—"Myers" or"Milbank" Style 91 Exhibit E2 Ground Equipment Screening Examples 92 Exhibit E2 Ground Equipment Screening Examples (continued) 93 Exhibit F Cannister Antenna 94 60 Exhibit G Larsen Camouflage Examples 95 411 61 Definitions Standard Design Requirements for Small Wireless Facility Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. Antenna Mounting Bracket" means the hardware required to secure the antenna to the pole. Antenna Mounting Post" means the vertical post or pipe that the antenna mounting bracket is mounted to in order for the antenna to be attached to the pole. Antenna Shroud" means the three-sided cover that is mounted at the base of the antenna to conceal the appearance of the cables and wires from the hand-hole port on the pole to the bottom-fed antenna. Canister Antenna" means the canister or cylinder style housing used to conceal the antenna(s), amplifier(s), radio(s), cables, and wires at the top of a pole. Communications Equipment" means any and all electronic equipment at the Small Wireless Facility location that processes and transports information from the antennas to the Wireless Provider's network. 1w• Dog House" means the plastic or metal attachment to the base of a pole that covers the transition point of underground cables and wires to the vertical section of the pole. Ground Mounted Equipment" means any communications equipment that is mounted to a separate post or to a foundation on the ground. Light Emitting Diode" also referred to as "LED" is a type of lighting fixture installed on Town streetlight and traffic signal poles. Light Fixture" means the lighting unit or luminaire that provides lighting during the evening hours or during the hours of darkness. Luminaire Mast Arm" means the horizontal post that attaches the light fixture to the streetlight pole or traffic signal pole. Omni-directional Antenna" also referred to as an "omni antenna" this antenna is round in shape, like a pipe, and may be about one (1) inch diameter up to about six 6) inches diameter. Outside Diameter" also referred to as "OD" means the points of measurement, using the outer edges of a pole, pipe or cylinder. 62 Panel Antenna" means the style of antenna that is rectangular in shape and with dimensions that are generally four (4) feet to eight (8) feet in height, by eight (8) inches to twelve (12) inches wide, and four (4) inches to nine (9) inches deep. Remote Radio Heads (RRH) / Remote Radio Units (RRU)" means the electronic devices that are used to amplify radio signals so that there is increased performance farther distance) of the outgoing radio signal from the antenna. Right-of-way" as defined for wireless sites in A.R.S. §9-591(18) means the area on, below or above a public roadway, highway, street, sidewalk, alley, or utility easement. Right-of-way does not include a Federal Interstate Highway, a state highway or state route under the jurisdiction of the Department of Transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider. Sight Distance Easements" means the area of land adjacent to an intersection, driveway or roadway that has restrictive uses in order to preserve the view of oncoming or crossing vehicular and pedestrian traffic by drivers in vehicles attempting to merge with traffic or enter a roadway. Sight Visibility Triangles" means the traffic engineering and safety concept that requires clear view by the driver of a vehicle to crossing traffic at a stop sign, driveway or intersection. In order to achieve clear visibility of the cross traffic, the land areas in the sight visibility triangle has specific maximum heights on landscaping, cabinets, and other potential view obstructions. Signal Head" means the "Red, Yellow and Green" light signals at a signal-controlled intersection. Signal Head Mast Arm" means the horizontal pole that has the signal heads mounted to it and attaches to the traffic signal pole. Small Wireless Facility" as defined in A.R.S. 9-591(19), means a Wireless Facility that meets both of the following qualifications: a) All antennas are located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna, that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six (6) cubic feet in volume. b) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume, or fifty (50) cubic feet in volume if the equipment was ground mounted before the effective date of this section. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision: i) An electric meter. ii) Concealment elements. 63 iii)A telecommunications demarcation box. 0 iv)Grounding equipment. v) A power transfer switch. vi)A cutoff switch. vii) Vertical cable runs for the connection of power and other services. Stealth and Concealment Elements" means the use of shrouds, decorative elements, design concepts and faux elements so that a small wireless facility can be designed to blend in with the surrounding streetscape with minimal to any visual impact. Utility Pole" as defined in A.R.S. §9-591(21) means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. Utility pole does not include a monopole. 0 64 411. Town of Fountain Hills Standard Design Requirements Small Wireless Facility on Existing Streetlight The following design standards shall apply, in addition to the Common Standards Design Concepts, Requirements and Details that is included in this document, to a Small Wireless Facility (SWF) proposed for a location with an existing Town-owned or third party-owned streetlight in the Town of Fountain Hills Right-of-way (ROW). These design standards are not exhaustive and the Town, as the owner, keeper and manager of the ROW retains the right to modify or adjust the requirements on a case-by-case basis. A. Pole Criteria: 1. Purpose of Streetlight Pole: The primary purpose of the pole shall remain as a pole structure supporting a streetlight luminaire and related streetlight fixtures used to provide lighting to the Town ROW. The attachment of wireless equipment to an existing streetlight pole or to a replacement pole that impedes this primary purpose will not be approved. 2. General Requirement: a) An SWF shall be designed to blend in with the surrounding streetscape with minimal to any visual impact. b) A replacement pole shall match the Town of Fountain Hills standard streetlight pole for the location in which it is installed, as closely as possible, subject to more specific criteria below. c) As specified in Section 6.14 of the Town of Fountain Hills's Wireless Facilities Standard Terms and Conditions, for each individual pole type or style used to support the wireless equipment, one spare replacement pole shall be provided by the wireless provider to Town in advance so the pole can be replaced promptly in case of a knockdown. d) All plans shall be signed and sealed by a Professional Engineer licensed in the State of Arizona. e) All other details in the Town of Fountain Hills street light design standards shall apply. 3. Specific Criteria: a) New or Replacement Pole Height A new or replacement pole may be installed without zoning review if one of the two height requirements is met: 1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is less), subject to the additional limitations in A.R.S. §9-592(I); or 2) Up to forty (40) feet above ground level, per A.R.S.§9-592(J). 110 65 b) Overall Height of Replacement Pole 1) The "base" height of an existing streetlight pole shall be the height of the vertical pole section from the existing grade. The height of the luminaire mast arm, if higher than the vertical pole section, shall not be used to determine the new overall height of the replacement pole. 2) If the antennas are the highest vertical element of the site, then the new overall height of the replacement pole is measured from the existing grade to the top of the canister, top of the omni-directional antenna, or the top of the panel antenna. c) Increase in Outside Diameter (OD) of Pole The non-tapered replacement pole outside diameter (OD) of the base section shall be equal to the top section, and the OD shall not exceed eight and five- eights (8-5/8) inches (the pole manufacturing industry standard OD for an 8 inch diameter pole) or a 100% increase in diameter of the original pole, whichever is less. d) Luminaire Mast Arms 1) All luminaire mast arms shall be the same length as the original luminaire arm, unless the Town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. 2) Unless otherwise approved, all luminaire mast arms shall match the arc (if applicable) and style of the original luminaire arm. 3) The replacement luminaire mast arm shall be at the same height above the ground as the existing luminaire. e) Luminaire Fixtures 1) All replacement poles shall have the Town standard light-emitting diode LED) light fixture installed. 2) All replacement light fixtures shall have a new Town standard photo-cell or sensor provided by the wireless provider. f) Pole Foundation 1) All pole foundations shall conform to the Town's adopted standards and specifications on streetlight design and shall be modified for wireless communications equipment and cables. 2) The Town, in its sole discretion, may require the pole foundation design to be "worst case" for all soil conditions. 3) A separate, one-inch diameter conduit shall be installed in the pole foundation for the Town's luminaire wire and any additional Town wires or cables. The Town's conduit shall be trimmed to three (3) inches above 411, the top of the pole foundation. 66 4) The height of the pole foundation shall be two (2) inches above finished 410 grade. If the pole foundation encroaches into any portion of the sidewalk, then the pole foundation shall be flush with the sidewalk. 5) Shrouds for the streetlight pole mounting bolts may be required for the replacement pole. g) Painting of Replacement Pole 1) If the replacement pole is an unpainted galvanized pole, the pole shall not be painted or have a finish unless otherwise specified by the Town. 2) For powder coated type poles, the wireless provider shall replace with same powder coated color and/or color combination per Town of Fountain Hills street light design standards or as otherwise required by the Town to minimize visual impact. h) Painting Antennas and Mounting Equipment 1) All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted on a new or replacement unpainted galvanized pole shall be painted Sherwin Williams "Web Grey" SW7075) color or equivalent, unless specified otherwise by the Town. 2) All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and all other equipment mounted on a painted new or 0 replacement pole shall be painted a color specified by the Town. i) Wireless provider shall install pole numbers on each replacement pole (to match the number on the existing streetlight pole being replaced) per Town of Fountain Hills street light design standards. 67 Town of Fountain Hills Standard Design Requirements Small Wireless Facility on Traffic Signal Pole The following design standards shall apply, in addition to the Common Standards Design Concepts, Requirements and Details included in this document, to a Small Wireless Facility (SWF) proposed for a location with an existing Town-owned traffic signal in the Town of Fountain Hills Right-of-way (ROW). These design standards are not exhaustive and the Town, as the owner and manager of the ROW retains the right to modify or adjust the requirements on a case-by-case basis. A. Pole Criteria: 1. Purpose of Traffic Signal Pole: The primary purpose of the traffic signal pole shall remain as a pole structure supporting a traffic signal and related streetlight fixtures used to provide traffic control and lighting to the Town ROW. The attachment of wireless equipment to a new or replacement traffic signal pole that impedes this primary purpose will not be approved. 2. General Requirement: a) An SWF shall be designed to blend in with the surrounding streetscape with minimal to any visual impact. b) A replacement pole shall match the Town of Fountain Hills standard traffic signal pole, as closely as possible, subject to more specific criteria below. c) As specified in Section 6.14 of the Town of Fountain Hills's Wireless Facilities Standard Terms and Conditions, for each individual pole type or style used to support the wireless equipment, one spare replacement pole shall be provided by Company to Town in advance so the pole can be replaced promptly in case of a knockdown. d) All plans shall be signed and sealed by a Professional Engineer licensed in the State of Arizona. e) All other details in the Town of Fountain Hills traffic signal design standards shall apply. 3. Specific Criteria: a) New or Replacement Pole Height A new or replacement pole may be installed without zoning review if one of the two height requirements is met: 1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is less), per A.R.S. §9-592(I); or 2) Up to forty (40) feet above ground level, per A.R.S. §9-592(J). b) Overall Height of Replacement Pole The height of the replacement pole is measured from grade to the top of the antenna canister or the top of the panel antennas if the antennas are the highest elements. 68 c) Increase in Outside Diameter (OD) of Pole 1) If the replacement pole is a taper design, the diameter of the base section of the replacement pole OD shall not exceed twelve (12) inches or a 100% increase in the OD of the base section, whichever is less. 2) If the replacement pole is non-tapered, then the diameter of the base section shall be equal to the top section and the OD shall not exceed twelve (12) inches or a 100% increase, whichever is less. d) Signal Head Mast Arms 1) The traffic signal head mast arms shall be the same length as the original signal head mast arm unless the Town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. 2) All signal head mast arms shall match the arc (if applicable) and style of the original signal head mast arm. e) Luminaire Mast Arms 1) All luminaire mast arms shall be the same length as the original luminaire arm unless the Town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. 2) All luminaire mast arms shall match the arc (if applicable) and style of the original luminaire arm. f) Signal Heads 1) All existing signal heads shall be replaced, at no cost to Town, with new light-emitting diode (LED) signal heads, per Town of Fountain Hills traffic signal design standards. 2) All signal heads shall be procured from a Town approved signal heads supplier or manufacturer. g) Luminaire Fixtures 1) All replacement poles shall have the Town standard LED light fixture installed. 2) All replacement light fixture shall have a new photo-cell or sensor installed to Town standard. h) Other Town Elements on Signal Mast Arm or Pole All existing emergency signal detection units, video detection cameras, video cameras, cross walk service buttons, cross walk signals, and any other pedestrian or traffic devices shall be replaced with new units by wireless provider and installed at no cost to the Town. All equipment shall be procured from a list of Town approved suppliers. i) Signs and Other Misc. All street name plates or signs, directional signs and any other Town 69 approved signs shall be replaced with new signs at no cost to the Town. All 40 signs and attachments shall be procured from a list of Town approved suppliers. j) Traffic Signal Pole Foundation 1) All pole foundations shall conform to the Town's standards and specifications on traffic signal pole design and shall be modified for wireless communications equipment, hand holes and cables. 2) The wireless provider shall install a three (3) inch diameter (OD) conduit in the pole foundation for the Town's cables and wires for the signal heads, luminaire and devices on the signal mast arm and luminaire mast arm. The Town's conduit shall be trimmed to three (3) inches above the top of the pole foundation. 3) In addition to the conduits for the Town's use inside the pole, the wireless provider shall install one of the two options for its cables and wires: a) One, six (6) inch diameter (OD) conduit in the pole foundation; or b) Two, four (4) inch diameter (OD) conduits in the pole foundation. The length of the conduit shall extend from the pole foundation to six (6) inches above the signal head mast arm. 4) Pole Foundation — Height Above Ground Level a) If the pole foundation is in a landscaped or unimproved area, the a. height of the caisson shall be two (2) inches above finished grade. However, if the pole foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area. b) Shrouds for the traffic signal pole mounting bolts may be required for the replacement pole. k) Painting of Pole, Antennas and Mounting Equipment 1) Specifications on paint color and painting process are provided in the Town of Fountain Hills traffic signal design standards. 2) For powder-coated traffic signal poles, the wireless provider shall replace with same powder-coated color and/or color combination, or as otherwise specified by the Town. I) Construction of Traffic Signal The installation work of the replacement traffic signal pole, including mast arms, signal heads and devices, must be performed by a Arizona licensed Traffic Signal Contractor with a minimum of five (5) years of experience installing traffic signals. 40 70 0 Town of Fountain Hills Standard Design Requirements Small Wireless Facility on Existing Utility Pole The following design standards shall apply, in addition to the Common Standards Design Concepts, Requirements and Details that is included in this document, to a Small Wireless Facility (SWF) proposed for a location with an existing third party-owned utility pole in the Town of Fountain Hills Right-of-way (ROW). These design standards are not exhaustive and the Town, as the owner, keeper and manager of the ROW retains the right to modify or adjust the requirements on a case-by-case basis. A. Pole Criteria: 1. Purpose of Utility Pole: The primary purpose of the pole shall remain as a pole structure supporting a cables and wires used to provide communications services and electric distribution in the Town ROW. The attachment of wireless equipment to an existing third party-owned utility pole that impedes this primary purpose will not be approved. 2. General Requirement: a) An SWF shall be designed to blend in with the surrounding streetscape with minimal to any visual impact. b) A SWF mounted on an existing third party-owned utility pole is subject to more specific criteria below. c) All plans shall be signed and sealed by a Professional Engineer licensed in the State of Arizona. 3. Specific Criteria: a) Replacement Pole Height A replacement pole may be installed without zoning review if one of the two height requirements is met: 1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is less), per A.R.S. §9-592(I); or 2) Up to forty (40) feet above ground level, per A.R.S.§9-592(J). b) Overall Height of Replacement Utility Pole 1) The "base" height of an existing utility pole shall be the height of the vertical pole section from the existing grade. 2) If the antennas are the highest vertical element of the site, then the new overall height of the replacement pole is measured from the existing grade to the top of the canister or the top of the panel antenna. c) Use of Existing Pole — Wood 0 71 1) An existing wood pole used for a SWF shall have the antennas contained within an eighteen (18) inch (OD) canister mounted at the top of the pole. 2) Unless otherwise approved, the cables and wires from the base of the pole to the antennas shall be installed in a conduit or cable chase outside of the pole, facing away from the street or away from on-coming traffic. 3) If a "dog house" (see Exhibit C) is required as a transition point connecting the underground cables and wires from the ground mounted equipment to the pole, the Town shall provide the maximum size, dimension and shape of the dog house on a case-by-case basis. d) Use of Existing Pole — Metal 1) An existing metal pole used for a SWF shall have the antennas contained within an eighteen (18) inch (OD) canister mounted at the top of the pole. 2) Panel antennas on a metal pole shall have the same "RAD center" (center of radiation) so the antennas will be at the same height on the pole. 3) The cables and wires from the base of the pole to the antennas shall be installed inside of the pole. e) Painting of Pole and Dog House 1) If the replacement pole is an unpainted galvanized pole, the pole shall not be painted or have a finish unless otherwise specified by the Town. 2) If the existing or replacement pole includes a dog house for the transition of the cables and wires to the pole, the dog house shall be painted the same color as the pole or a color specified by the Town. f) Painting Antennas and Mounting Equipment 1) All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted on a new or replacement unpainted galvanized pole shall be painted Sherwin Williams "Web Grey" SW7075) color or equivalent, unless specified otherwise by the Town. 2) All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and all other equipment mounted on a painted new or replacement pole shall be painted a color specified by the Town. 3) If the antenna is mounted on a wood pole, the color of the antenna, antenna canister, mounting brackets and posts, shrouds and cable chases shall be painted a color specified by the Town that will closely match the color of the wood. g) Ground Mounted Equipment The Town may require the ground-mounted wireless equipment to be screened or concealed to reduce the visual impact to the surrounding area. The screening or concealment shall take into account the location of the site, the use of the immediate area, and the existing aesthetic elements surrounding the site. 72 Town of Fountain Hills Standard Design Requirements Wireless Facility on New Structures in ROW The following design standards, in addition to the Common Standards Design Concepts, Requirements and Details that are included in this document, shall apply to a Wireless Facility that a wireless provider may install in the ROW that is not: 1) a replacement pole for an existing streetlight, 2) a replacement pole for an existing traffic signal or 3) a replacement pole for an existing utility pole. The new wireless support structure, monopole or utility pole (the "New Structure") shall incorporate the highest level of stealth and concealment of the antennas and wireless equipment in order to minimize the visual impact of the site to the public. A. Pole Criteria: 1. Purpose of the New Structure: The sole purpose of a new vertical element is to attach antennas for the provision of wireless services by a wireless provider in the Town's ROW. 2. General Requirement: a) The New Structure shall be designed to minimize the visual and aesthetic impact of the new vertical element and associated equipment upon the look, feel, theme, and use of the surrounding area. b) A wireless facilityshall be designed to blend in with the surrounding9 streetscape and/or landscape with minimal to no adverse visual impact. c) The New Structure shall be architecturally integrated and compatible with the use of the surrounding area. d) The height of the New Structure cannot exceed the maximum allowed height of the zoning district that the site is proposed. e) All plans shall be signed and sealed by a Professional Engineer licensed in the State of Arizona. 3. Specific Criteria: a) New Structure Height. A New Structure may be installed without zoning review if one of the two height requirements are met, see A.R.S. §9-592(I) and A.R.S. §9-592(J): 1) A.R.S. §9-592(I) states that the small wireless facility in the ROW is not subject to zoning review and approval in Section 9-594 if the utility pole does not exceed the greater of either: i. Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the effective date of this section, that is located within five hundred feet of the new, replacement or modified utility pole and 73 that is in the same right-of-way within the jurisdictional boundary of the authority, but no more than fifty feet above ground level. ii. Forty feet above ground level. 2) A.R.S. §9-592(J) states that new small wireless facilities collocated on a utility pole or wireless support structure in the right-of-way are not subject to zoning review and approval if they do not extend more than ten feet above the utility pole or wireless support structure and do not exceed fifty feet above ground level. b) Setbacks. Any New Structure subject to zoning review shall comply with all Town fall and setback requirements, including a 100% setback from all property lines, occupied structures, public roadways and sidewalks. c) Overall Height of New Structure. The height of the New Structure is measured from existing grade to the highest point of the New Structure. d) Stealth and Concealment Elements 1) New Structures shall be located in areas where they can blend into the existing built and natural environment, where existing landscape elements may assist with concealing the structure from view, and where the addition of the structure will least affect the view sheds from neighboring properties.0 2) Depending upon the location of the New Structure and the character of the neighboring area, the Town may require additional landscaping to be installed in connection with the Town's approval of the application. The additional landscaping may include trees, mature vegetation, natural features or hardscaping. 3) The Wireless Provider shall conceal all equipment within a faux cactus structure, similar to the 22' to 40' tall Larsen Camouflage design (see Exhibit G) or as otherwise approved by the Town. i. New Structures thus concealed shall comply with standard details, such as dimensions, colors and materials similar to existing faux cactus installations in the Town. 4) As part of the stealth and concealment elements of the New Structure, the Town may require the wireless provider to install street name plates, directional signs, and other decorative signs or artistic elements on the structure. 5) The wireless provider is solely responsible for the cost of all stealth and concealment elements and the installation of other elements required by the Town. 6) The wireless provider is responsible for the performance of and any costs incurred for regular upkeep, maintenance and replacement (if necessary) of these stealth and concealment elements. 74 e) Architectural Integration with Surrounding Area 4110 1) The New Structure shall be designed in consultation with various internal Town stakeholders and may include external stakeholders. 2) The Town may require the New Structure to be constructed of a specific material or specific design that will enhance the stealth and concealment of the site. f) Foundation 1) The foundation for the New Structure, if required, shall conform to civil and structural engineering standards acceptable to the Town, with design modifications for wireless communications equipment and cables. 2) Unless otherwise stated herein, the height of the New Structure foundation shall be two (2) inches above finished grade. However, if the New Structure foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area. 3) Shrouds for the pole mounting bolts may be required. 4) If the New Structure is concealed as a faux cactus installation, the structure shall be installed to appear as part of the natural environment, and shall not be located on existing concrete such as sidewalks or curbs, nor shall concrete be placed around the base of the facility except as needed to anchor and support the structural elements of the structure. All such concrete and anchor devices shall be shielded from view by earth, rocks, decomposed granite and landscaping as required by the Town. g) Painting 1) The Town shall identify the paint colors, location of paint and any decorative work that may be painted onto the New Structure or ground equipment. 2) If visible, the Town shall identify the paint colors for the antennas, antenna mounting brackets and posts, antenna shrouds, and cables. 3) The Town may require the New Structure or ground equipment to be painted using a powder-coat or other process. h) Ground Mounted Equipment The Town may require the ground-mounted wireless equipment to be sited and screened or concealed to reduce the visual impact to the surrounding area. The screening or concealment shall take into account the location of the site, the use of the immediate area, and the existing aesthetic elements surrounding the site. 75 Town of Fountain Hills Small Wireless in the ROW Common Standard Design Concepts, Requirements and Details The following standard design requirements shall be applied to all new small wireless facilities in the Town's ROW, whether for a small wireless facility to be installed on an existing or replacement streetlight pole, an existing or replacement traffic signal pole, an existing or replacement utility pole, or on a New Structure. A. Pole Design & Installation 1. Replacement Pole Clearances — Underground Utilities All ground-mounted electrical equipment shall maintain minimum horizontal clearance from underground utilities. Clearance from water lines shall be at least six (6) feet. Clearance from sewer lines shall be at least six (6) feet. Clearance from telecommunications shall be at least one (1) foot. Clearance from cable television lines shall be at least one (1) foot. Clearance from all other underground infrastructure shall be at least six (6) feet. 1110 a) The Town, in its sole discretion, may grant a variance, upon approval by the Town Engineer, from these horizontal separation distances on a case-by- case basis. The approval of a variance is dependent factors specific to the site. b) In the case where there is an issue with horizontal separation from other underground utilities, the wireless provider may elect to work with the impacted utility to have lines, pipes or property moved so that minimum clearance is achieved. All relocation of Town-owned or a privately-owned utility shall be at the sole expense of the wireless provider. 2. Calculating the Base Height of an Existing Pole The base height, from which the calculation of the "increase in pole height" is referenced for determining the overall pole height, shall be calculated as follows: a) Streetlight Pole (see Exhibit Al and A2) 1) A streetlight with a separate luminaire mast arm mounted to the vertical pole shall use the top of the vertical pole as the base height. 2) A streetlight, with the luminaire mast arm integrated (e.g. telescopic style pole) into the top vertical section of the pole, shall use the point on the pole where the mast arm is connected plus twenty-four (24) inches as the base height. b) Traffic Signal Pole (see Exhibit B) A traffic signal pole with a luminaire mast arm that is mounted above the 76 signal head mast arm to the pole shall use the top of the vertical portion of the pole as the base height. 3. Replacement Pole Clearance — Original Streetlight Pole or Traffic Signal Pole The minimum distance of the replacement pole from the original pole location shall be sixty (60) inches or more so that construction can occur safely. The Town may change this minimum distance on a case-by-case basis. 4. Replacement Pole Clearances — Sidewalks The new or replacement pole shall maintain twelve (12) inch minimum clearance distance from sidewalks. The Town, in its sole discretion, may increase that minimum clearance on a case-by-case basis to ensure the safe use of the sidewalk and adjacent area. 5. Sight Distance Easements (SDE) and Sight Visibility Triangles (SVT) All new and replacement poles shall be installed in a location that does not impair or interfere with SDE or SVT safety requirements as reasonable determined by the Town. 6. Cables, Wires and Jumpers a) All cables for the wireless equipment and antennas — except where such cables or wires attach to the ports in the antenna — shall be located inside a conduit, inside the caisson, or inside the pole, as appropriate. There shall not be any "dog house" or externally visible conduit or entry point of the cables unless specified by the Town. b) All cables for the wireless equipment and antennas shall exit the pole or conduit at a location, behind the antenna shroud, and shielded from view. It is the intent of the Town that the cables shall not be visible. 1) See Exhibit D1 for examples of appropriately shielded cables. 2) See Exhibit D2 for examples of unacceptable cabling. c) All electrical wires for the streetlight luminaire, traffic signal heads, and any Town device on the pole shall be new and connected to the existing power source. 7. Hand-holes a) All hand-hole locations shall be called out on the plans. b) All hand-holes near antennas shall have the top of the hand-hole no lower than the bottom height of the antennas. c) The bottom of the hand-hole should not exceed six (6) inches below the bottom of the antenna. 8. Wireless Facility Identification Information 77 a) A four (4) inch by six (6) inch Radio Frequency Safety notice may be mounted no less than twenty-four (24) inches from the bottom of the antenna, facing away from traffic. b) The wireless provider may place on the pole a discreet site identification or number. The size, color and location of this identifier shall be determined by the Town. c) The Town, as specified in the Wireless Facilities Standard Terms and Conditions, may require the wireless provider to place on the pole, in a discreet but accessible location, the telephone number of wireless provider's network operations center. d) No wireless provider signs may be placed on a streetlight, traffic signal pole, wireless support structure, or a new or replacement pole except to the extent required by local, state or federal law or regulations. 9. Interference with Town Wireless Network The Town has, or may have in the future, certain wireless devices in a network that connects traffic signals, community centers, water sites, and other locations for the Town's proprietary use. The selection of a location for a wireless site shall consider the potential interference of the Town's wireless network with RF from a wireless provider's proposed site. 10. Cable Chase and Dog Houses The Town, in its sole discretion, shall determine if an exterior cable chase and dog house are aesthetically compatible with the pole and immediate area. The materials and paint color of the cable chase and dog house shall be determined on a case-by-case basis. B. Removal of Original Pole, Equipment and Pole Foundation 1. Removal of Original Signal Pole, Mast Arm, Signal Heads and Luminaire a) The Town shall determine what original components, (e.g., original pole, mast arm, signal heads and luminaire, etc.) shall be delivered by the wireless provider, at no cost to the Town, to a location specified by the Town. b) If the Town accepts some of the original components, then only those components shall be delivered by the wireless provider to the Town and the remaining components shall be discarded by the wireless provider. 2. Removal of Original Streetlight or Traffic Signal Pole Foundation The concrete pole foundation for the original streetlight or traffic signal pole shall be removed by the wireless provider as instructed by the Town: a) Partial Removal The original pole foundation shall be taken back to a level that is twelve (12) inches below existing grade and covered with four (4) inches of one-half (1/2") III inch to three (3/4") quarter inch rock materials. The remaining eight (8) inches shall be native soil. 78 b) Complete Removal If the entire original pole foundation must be removed, then all materials concrete, rebar, metals, bolts, etc.) shall be removed. The Town's Inspector shall determine, on a case-by-case basis, the type of backfill material and compaction required — ranging from native soil that is compacted to a half 1/2) sack slurry for the entire depth, or a combination of native soil and slurry. C. Antennas, RRH/RRU, Cables and Mounting on Pole: 1. General Requirement: All antennas shall be installed in a manner that minimizes the visual impact to the general public. In order to minimize the visual impact, wireless providers should use canister antennas, where possible and appropriate unless the Town's stealth and concealment requirements indicate otherwise. See Exhibit F. All work shall be performed in a professional manner that is consistent with the highest standards of workmanship. 2. Specific Criteria: a) Antenna Mounting Posts and Brackets 1) All panel antennas shall be mounted directly to the pole or onto a mounting pole so that the distance from the "face" of the streetlight pole to the back of the antenna does not exceed nine (9) inches. 2) All mounting posts shall be trimmed so that the poles do not extend higher than the top of the antenna or protrude lower than the antenna unless necessary to install the shroud. 3) All pole attached wireless equipment must be a minimum ten (10) feet from the sidewalk elevation. b) Panel Antennas 1) All panel antennas for a small cell site shall fit within an imaginary enclosure of not more than six (6) cubic feet in volume in accordance with A.R.S. §9-591(19)(a). (NOTE: This volume does not include antenna cable shrouds when required.) 2) All panel antennas with exposed cables from the bottom of the antenna shall have a shroud installed on the antenna or antenna mounting posts to conceal the cables. (see Exhibits D1 and D2) a. The type of shroud may be a forty-five (45) degree angle (away from the bottom of the antenna; toward the pole) or a ninety (90) degree angle (parallel to the bottom of the antenna) depending on the location of the site. b. The shroud shall extend from the bottom of the antenna to two (2) inches below the bottom of the nearest hand-hole. c) Canister Antennas 11110 79 1) All canister antennas shall fit within an imaginary enclosure of not more 0 than six (6) cubic feet in volume. (Note: This volume does not include the canister as it is a stealth device and not the antenna.) 2) The canister shall be no larger than eighteen (18) inches in diameter (OD). 3) All canister antennas shall be located in a canister that is mounted to a base plate at the top of the vertical section of the replacement pole. 4) All cables protruding from the canister shall be concealed within the canister or by a shroud at the point where the canister is mounted to the base plate. d) Remote Radio Heads (RRH) / Remote Radio Units (RRU) Under State Law §9-591(19)(a), the RRH/RRU is not considered part of the antenna. If allowed, the RRH/RRU shall be calculated as part of "All other wireless equipment associated with this facility..." in A.R.S. §9-591(19)(b) that is subject to the twenty-eight (28) cubic feet maximum size for small cell sites. 1) On a case-by-case basis, the Town in its sole discretion and — upon reviewing the landscape in the immediate surrounding area, the location of the pole, and stealth options, may allow a site to have an RRH/RRU installed on the pole. D. Ground-mounted Equipment: General requirement: All ground-mounted equipment shall be installed in a mannerLi.that minimizes the visual and ingress/egress impact to the general public. All work shall be performed in a professional manner that is consistent with the highest standards of workmanship. 2. Specific criteria: a) Sight Distance Easements (SDE) and Sight Visibility Triangles (SVT) All ground-based wireless equipment shall be installed in a location that does not impair or interfere with SDE or SVT safety requirements. To ensure proper sight distance, all Town of Fountain Hills Traffic Engineering Standard Details shall apply. b) Ground Equipment Location — Generally All ground-based wireless equipment, including but not limited to equipment cabinets or power pedestals, shall be placed as far as practical to the back of the ROW while maintaining at least three (3) feet of ingress/egress in the ROW or public utility easement (PUE) around the equipment. c) Ground Equipment Clearances—Underground Utilities 1) All ground-mounted electrical equipment shall maintain minimum horizontal clearance from below-ground utilities: Clearance from water lines shall be at least six (6) feet. Clearance from sewer lines shall be at least six (6) feet. 80 Clearance from telecommunications shall be at least one (1) foot. 0 Clearance from cable television lines shall be at least one (1) foot. Clearance from all other underground infrastructure shall be at least six 6) feet. 2) The Town, in its sole discretion, may grant a variance upon approval from the Town Engineer, from these horizontal separation distances on a case- by-case basis. The approval of a variance is dependent on factors specific to the site. i 3) In the case where there is an issue with horizontal separation from other underground utilities, the wireless provider may elect to work with the impacted utility to have its lines, pipes or property moved so that minimum clearance is achieved. All relocation work of Town-owned or a privately- owned utility shall be at the sole expense of the wireless provider. d) Ground Equipment Clearance — Sidewalks The ground equipment shall maintain a minimum twelve (12) inch clearance distance from sidewalks. The Town, in its sole discretion, may increase the minimum clearance on a case-by-case basis to ensure the safe use of the sidewalk and adjacent area. 11, e) Compliance with Height Requirements Evidence or documentation that, where the above-ground structure is over thirty-six (36) inches in height, given its proposed location, the structure will comply or be in compliance with applicable Town of Fountain Hills planning and zoning ordinances. f) Screening of Ground Equipment The Town requires that ground-mounted equipment be screened; the type of screening materials and design will be addressed on a case-by-case basis. See Exhibit E2 for general screening examples that the Town may consider on a case by case basis. 1) In cases when screening is not possible, the Town may specify the location, orientation or paint color of the ground-mounted equipment. 2) Town may require ground-mounted equipment to be located underground except for the electricity meters, kill switches, etc.). g) Decals and Labels 1) All equipment manufacturers' decals, logos and other identification information shall be removed unless required for warranty purposes. 2) The wireless provider of the site may place an "Emergency Contact" or Network Operations Center" decal or emblem to the ground equipment. 0 3) The ground-mounted equipment shall not have any flashing lights, sirens 81 or regular noise other than a cooling fan that may run intermittently. h) Equipment Cabinets on Residential Property 1) Residential Single-Family Lot The Wireless Equipment and Ancillary Equipment listed in A.R.S. §9- 591(19)(b) shall not exceed thirty-six (36) inches in height in the front yard of a residential single-family zoned property. 2) Air-conditioning Units Unless otherwise specified by Town, a wireless equipment cabinet with air-conditioning (not a fan only) shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a residential single-family dwelling. i)Electric Company Meter 1) All electric company meters shall be installed in the ROW or PUE. The location of the meter equipment shall have minimum ingress and egress clearance from private property lines and driveways. 2) All electric company meters shall maintain minimum clearance from above-ground utility cabinets and below-ground utilities. 3) All electric company meters shall be installed in a location that does not impair or interfere with the SDE or SVT safety requirements of the Town. 4) The electric company meters shall be screened or contained within a Myers-type" or "Milbank-type" pedestal cabinet that is painted to match the ground equipment or as specified by the Town. (see Exhibit E) 5) In the case where screening is not required, the Town may specify the paint color of the electric company meter cabinet on a case-by-case basis. 82 Town of Fountain Hills Contacts For questions regarding the 2018 Town of Fountain Hills Design Standards, Concepts & Requirements for Wireless Facilities in the Right-of-Way, contact: Town of Fountain Hills Development Services Director: Robert Rodgers 480-816-5138 1 1 ill 83 0 Exhibit Al Calculation Points for Height of an Existing Streetlight with Separate Luminaire Mast Arm ip.7„,,, r f , i y/;a rram,-° • . a p M 141 The purple line next to the streetlight depicts the section of the existing1 i 1 ri streetlight pole that shall be used to calculate the height of the existing q pole. The lines are not to scale and II I., are solely used for illustrative purposes. a ro.r k -fin... a l 5 ji til s i', Yg cS t ,,flk"i3 r k,:,. a, 414 a ',J ,,#sd Y i.am,. .a a±.nm ww._ ' 84 Exhibit A2 Calculation Points for Height of an Existing Streetlight with Integrated Luminaire Mast Arm The"Connection Point"on an Existing Telescopic Style Streetlight Pole with an Integrated as;.o-aror.& r<mv«Wimae.; r,14.a,.-' k,.rMv Luminaire Mast Arm nA e • S f The top and Bottom Points on a telescopic Streetlight Pole to •"" Calculate the Verticle Height of the Existing Streetlight Pole Plus Twenty-four(24) inches 85 0 Exhibit B Calculation Points for Height of Existing Traffic Signal Pole The Top and Bottom Points on a Traffic Signal i Pole to Calculate the Base Vertical Height of the Existing Pole ff ram r:. 10 86 Exhibit C 0 Dog House—Cable Transition from Underground to Electric Utility Pole 4 'JOY f‘ig',' ,';,4";;-,?-;:',:4",''?,- -Y" 444,.,,w0:,:, , ' 7.,,-,, , -,', 5',: c''''*' I'''::; t:::%'i/c':' s: 6'' 4: 1::, b:'';',,,'',')",",100...,.....,....''''''''''''''://'''''''''' Ime'f ' i f is ' a , r ` A y ,p y i F„'q y` External cable chase the cables and wires are mounted underneath the chase. Algite f It 2, I II 1 ' -,410 ii 1, s 1 i, ! ,i4,14,44,, . , is, , Ns, 1 . . . le 40 0 1it,„,.. i, p ,6,.'fit,a' 4 4, r$,„ a w r sH c t, E nk Dog House"with external cable chase installed at the e." R base of a pole to cover the s ' a cables and wires when they ,,#ee'' cannot be installed inside the utility pole. 87 Exhibit D1 10 Antenna Shrouds—45 Degrees S , 'icy w x • 2a 9 Q Gk t ''•'AxQ of CA fir I f ms Ali t - z I 4. 41ter...,......... i'4-,',,,,'-.. C.%4•'S'i*,*,, 1,',.^..li wry. ..•_..... ter-_ 11 88 Exhibit D2 Antenna Shrouds—90 Degrees k d t rk a,•z '.•. z r ama 1 ikl4A*;;;67 i4$41.:tt, 4 r T yj a T D d j l• a 3Eb i b rs c r 7 1 7 ice 89 Exhibit D3 Unacceptable -Visible Cables ems• at.r 90 0 Exhibit E 1 Examples of Electrical Meter Pedestals—"Myers"or"Milbank" Style n d• ' w,roA- sw wa "saw..,e , ce<x, ",, nn.,d--- a r, - r> ,„,,.,st Ot*\\* t by Rya 1,,,).,:: 1"' '''' r 1""""" 111,t, 1 Sa c i .. i Rr y' Ire., ft A« 1471.,,,,,'",P, . =14.,'6,.*''' tlot- '4V01..)' 4"Oti':',i. tk3:*'-'..." ,r4t.',..' dtvitk;itp.„:„;.,:fih„ -0 ,‘„Ii.,;,11. ,,„7 4,,,,.',...f:t.„:: .. '%."141#.7s. ._ ' h .wort 4-. 1....r ..as *I, II 91 Exhibit E2 Ground Equipment Screening Examples A00 f i 111116,01aferilk 111**,4erot . ,,, . •, III r. .. _ r,,..„.:,„.... r.,- r „.„,„,.,,,,,,,,„:„,..,„.„,,y,,,,,,,,--,,,-„,-,,,,,,,,,,,,:, I Fr; i's 0 92 Exhibit E2 Ground Equipment Screening Examples (continued) ter 4; a . St s, E tea. t W T 11 , :+- AA e r1 93 Exhibit F Canister Antenna kt 94 Exhibit G L7117t5ON 4110 A oe, 4 A. A A.AotIrAt; Saguaros The need for concealed sites is also prevalent in the desert southwest region. To servemp bthisseil, w need we have developed a Saguaro Cactu .Utilizingan RF-friendly, naturalistic looking al,le to position antenna panels not only in the hollow shell of the upper main trunk.butalsoeintheindividualarms. This offers grenter flexibility in terms ofmultiple panels per sector, horizontal separation,and centerline height. OurSaguaros range from 10-40 feet tall,housing one to two antenna arrays. Scars,woodpecker holes thousands ofpainted needles enhance the realism. Even the birds can't tell the diff41411100 PHOENIX 77018-1 429462v3 95 EXHIBIT B 0 LETTER OF CREDIT FORMS AND INSTRUCTIONS] See following pages IP 0 96 Wireless Facility Irrevocable Letter of Credit Template iiiw Instructions: The following four (4) pages contain the template for an irrevocable letter of credit relating to wireless facilities to be located within Town rights-of-way. Throughout the document there are blank spaces into which should be inserted the wireless facility provider name, bank name and letter of credit document name. Please insert this information where requested. The irrevocable letter of credit number may not be available when the initial submission of the draft language for review is made. This can be inserted later when the letter is actually issued by the named financial institution. Submit the draft irrevocable letter of credit, together with to the Town's Development Services Director. The issuer of the irrevocable letter of credit shall be a federally-insured financial institution, a member of the New York Clearing House Association or another commercial bank or trust company satisfactory to the Town, having a net worth and financial wherewithal also satisfactory to the Town. As a reminder, any assurance submitted in a format other than the approved letter of credit template is subject to review by the Town Attorney and Town Development Services Director and may not be accepted. 0 97 FORM OF WIRELESS FACILITY LETTER OF CREDIT INSERT BANK NAME] INSERT LETTER OF CREDIT DOCUMENT NAME] 20 Letter of Credit No. Initial Expiration Date: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Attn: Small Cell Administrator At the request and for the account of our customer, [Insert Wireless Facility Provider name], a(n) Provider"), [Insert Bank Name] ("us", "we" or "Bank"), hereby establishes, in favor of Town of Fountain Hills, an Arizona municipal corporation ("Town"), this clean, irrevocable and unconditional [Insert Letter of Credit Document Name] Letter of Credit"). This Letter of Credit authorizes you to draw on us in amounts which in the aggregate shall not exceed the Stated Amount (herein so called) of Dollars We hereby engage with you that draft(s) drawn and presented in compliance with the terms contained in this Letter of Credit will be duly honored upon presentation as stated above, on or before the expiration date hereof. You may obtain the funds available under this Letter of Credit by presentment to us of your sight draft or drafts drawn on us in the form set forth as Exhibit A" hereto, accompanied by copies of the original of this Letter of Credit and amendment(s) thereto, if any. Within ten (10) days after we honor your draft, you must make the original of this Letter of Credit available to us in Maricopa County, Arizona upon which we may endorse our payment. Drafts may be presented by any of the following means: By telefax to ( By email to By hand or overnight courier service delivery to: This address must be in Maricopa County, Arizona.] Cor By hand or overnight courier service delivery to: 98 This address need not be in 41, Maricopa County, Arizona] This Letter of Credit is valid until 201_ and shall thereafter be automatically renewed for successive one (1) year periods, unless, at least one hundred twenty (120) days prior to expiration, we notify you in writing, by either registered or certified mail, that we elect not to renew the Letter of Credit for such additional period. In the event of such notification, any then unused portion of the Letter of Credit shall be available upon your presenting to us your draft on or before the then- current expiration date. If cancellation of this Letter of Credit is required before the expiry date stated herein (which may be extended from time to time either automatically as stated in Item 4 immediately above or by written amendment by us and acceptance by you), the original of this Letter of Credit and amendment(s) thereto, if any, must be returned to us accompanied by your letter requesting cancellation in the form attached hereto as Exhibit "B". This letter of credit may also be reduced upon our receipt of a reduction certificate, the form of Exhibit "B". You may draw the full amount of this Letter of Credit or only part of it from time to time, in your discretion; provided, that the total of all drafts honored by us under this Letter of Credit shall not exceed the Stated Amount available to you under this Letter of Credit. Unless otherwise expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision), International Chamber of Commerce Publication No. 600. Very truly yours, Insert Bank Name] By: Name: Its: 99 EXHIBIT A Drawn Under [Insert Bank Name] Insert Letter of Credit Document Name] No. U.S.) 20_ To: [Insert Bank Name] Drawn under [Insert Bank Name] [Insert Letter of Credit Document Name] No. I am the Development Services Director, and a duly authorized representative, of Town of Fountain Hills, an Arizona municipal corporation(the"Town"),the beneficiary of[Insert Bank Name] [Insert Letter of Credit Document Name] No. and hereby certify that the amount drawn hereunder represents funds currently due the Town under separate agreement(s)with [Insert Name of Provider]. Accordingly,please pay to the Town Dollars($ Please make payment to the Town in the form of a wire deposit to: If such deposit cannot be accomplished immediately for any reason, please make your payment in the form of a cashier's check issued by your institution and delivered to me at 16705 E Avenue of the Fountains Fountain Hills, AZ 85268, Attn: Development Services Director. If there is any imperfection or defect in this draft or its presentation, please inform me immediately at (480) 816-5122 so that I may correct it. Also, please immediately notify the Town Attorney. TOWN OF FOUNTAIN HILLS By: Name: Its: Development Services Director tor 100 EXHIBIT B Date: and Ref: Letter of Credit No. As parties to the above referenced Letter of Credit, we request that the following action(s)be taken as evidenced by our initials and signatures below: Please initial: Reduce the amount from U.S. $ to U.S. $ Extend the expiration date from to Cancel this Letter of Credit effective immediately. Enclosed herewith are the original Letter of Credit documents, including the amendment(s), if any,thereto. 1111 Note: If any of these documents are not included with this letter,you must specify each missing document and explain the reason why it is not being returned.) Town of Fountain Hills, an Arizona municipal corporation By: Name: Title: a(n) By: Name: Title: 41111 100 EXHIBIT C 0 FORM OF ASSIGNMENT] See following pages 1111 101 Assumption Of Wireless Facility License Agreement This assumption is made pursuant to Paragraph 19 of the Town of Fountain Hills Wireless Facilities Standard Terms and Conditions ("Terms"), incorporated by reference into that certain Wireless Facility License Agreement (the "License Agreement") between Town of Fountain Hills, an Arizona municipal corporation ("Town") and a Wireless Provider") dated 20 a Assignee"), having acquired the rights of the Wireless Provider under the License Agreement, hereby assumes the License Agreement, agrees to be bound thereby, and obligates itself to fully perform the terms and conditions of the License Agreement, all in favor of Town. ASSIGNEE WARRANTS AND REPRESENTS THAT ASSIGNEE HAS READ AND AGREES TO THE TOWN OF FOUNTAIN HILLS WIRELESS FACILITIES STANDARD TERMS AND CONDITIONS. After the Date of this assumption, notices to Assignee shall be addressed as follows: Assignee's network operations center phone number as required by the Terms is 1 Assignee's address for notices as required by the Terms shall be: i Assignee's billing address for routine billing invoices as required by the Terms shall be: 102 Assignee understands that nothing in this Assumption serves to modify any provision (except for the Notice addresses, as provided above) or extend the Term of the License Agreement. The person signing this document on behalf of Assignee warrants to Town his authority to do so. 111116, Dated: 20 ASSIGNEE: a By: Its: STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 20 ,by of a 40 Notary Public My Commission Expires: Date 103 EXHIBIT D TO RESOLUTION NO. 2018-18 Amendments to Town Comprehensive Fee Schedule] See following pages. Sir ftny 142 Description Fee FY17-18 ENCROACI-[ME TT,Ir''C,INF,FRI'K PERMITS Small Wireless Facilities: ROW Use Fee 50/year x number of small wireless facilities Authority utility pole attachement 50/year Small Wireless Facilities collocation 100 per SWF up to five Small Wireless Facilities collocation 50 for SWF over five 100 per SWF up to five (at $100 each) ($500 Batched applications for up to 25 SWF's maximum fee) 50 per SWF 6 - 20 sites ($1000 maximum Batched applications for up to 25 SWF's fee) Applications for new, replacement or modified utility poles NOT subject to zoning review Not to Exceed $750 Applications for new, replacement or modified utility poles and collocation of wireless facilities subject to zoning review Not to Exceed $1000 PHOENIX 77018-1 430871v7 4 I I 4 I 4 4 Iall143 I 591.  Definitions In this article, unless the context otherwise requires: 1.  "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. 2.  "Applicable codes" means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article. 3.  "Applicant" means any person that submits an application and that is a wireless provider. 4.  "Application" means a request that is submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure. 5.  "Authority" means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasijudicial or administrative decisions concerning an application. Authority does not include any state court that has jurisdiction over an authority and does not include a county, special taxing district, or electric cooperative. 6.  "Authority utility pole" means a utility pole that is owned or operated by an authority and that is in a rightofway.  Authority utility pole does not include a utility pole for electric distribution. 7.  "Cable operator" has the same meaning prescribed in section 9505 and includes a video service provider. Cable operator does not include a special taxing district. 8.  "Collocate" or "collocation" means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. 9.  "Communications service" means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code section 153(53) or wireless service. 10.  "Communications service provider" means a cable operator, a provider of information service as defined in 47 United States Code section 153(24), a telecommunications carrier as defined in 47 United States Code section 153(51) or a wireless services provider. 11.  "Fee" means a onetime charge. 12.  "Law" means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance. 13.  "Monopole" means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. 14.  "Permit" means written permission required by an authority to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole. 15.  "Person" means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority. 16.  "Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns. 17.  "Rate" means a recurring charge. 18.  "Rightofway" means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. Rightofway does not include a federal interstate highway, a state highway or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider. 19.  "Small wireless facility" means a wireless facility that meets both of the following qualifications: (a)  All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. (b)  All other wireless equipment associated with the facility is cumulatively not more than twentyeight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before August 9, 2017.  The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision: (i)  An electric meter. (ii)  Concealment elements. (iii)  A telecommunications demarcation box. (iv)  Grounding equipment. (v)  A power transfer switch. (vi)  A cutoff switch. (vii)  Vertical cable runs for the connection of power and other services. 20.  "Special taxing district" means a special district formed pursuant to title 48, chapter 11, 12, 17, 18, 19, 20 or 22. 21.  "Utility pole" means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. Utility pole does not include a monopole. 22.  "Wireless facility": (a)  Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following: (i)  Equipment associated with wireless communications. (ii)  Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration. (b)  Includes small wireless facilities. (c)  Does not include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiberoptic cable that is between wireless support structures or utility poles or coaxial or fiberoptic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. (d)  Does not include WiFi radio equipment described in section 9506, subsection I or microcell equipment described in section 9584, subsection E. 23.  "Wireless infrastructure provider" means any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but that is not a wireless services provider.  Wireless infrastructure provider does not include a special taxing district. 24.  "Wireless provider" means a cable operator, wireless infrastructure provider or wireless services provider. 25.  "Wireless services" means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. 26.  "Wireless services provider" means a person that provides wireless services.  Wireless services provider does not include a special taxing district. 27.  "Wireless support structure": (a)  Means: (i)  A freestanding structure, such as a monopole. (ii)  A tower, either guyed or selfsupporting. (iii)  A sign or billboard. (iv)  Any other existing or proposed structure designed to support or capable of supporting small wireless facilities. (b)  Does not include a utility pole. 9-592. Applicability; wireless provider; use of right-of-way; rates, fees and terms; right to access; damage and repair A. This section applies to the activities of a wireless provider within a right-of-way. B. An authority may not enter into an exclusive arrangement with a wireless provider for use of a right-of-way for any of the following: 1. The construction, installation, maintenance, modification, operation or replacement of utility poles or monopoles. 2. The collocation of small wireless facilities on utility poles or wireless support structures. 3. The collocation of wireless facilities on monopoles. C. An authority may charge a wireless provider a rate or fee for the use of a right-of-way for the construction, installation, maintenance, modification, operation or replacement of a utility pole in the right-of-way or the collocation of a small wireless facility in the right-of-way, only if the authority charges other communications service providers or publicly, cooperatively or municipally owned utilities for the use of the right-of-way and the authority has the legal authority to do so. If an authority charges a rate or fee pursuant to this section, the rate or fee for a wireless provider must be: 1. Limited to not more than the direct and actual cost of managing the right-of-way. 2. Competitively neutral in regard to other users of the right-of-way, including investor-owned, authority- owned or cooperatively owned entities, unless other users are exempt from such rates or fees under applicable law. D. A rate or fee charged pursuant to subsection C of this section may not do any of the following: 1. Result in a double recovery where existing rates, fees or taxes already recover the direct and actual costs of managing a right-of-way. 2. Be in the form of a franchise or other fee based on revenue or customer counts. 3. Be unreasonable or discriminatory. 4. Exceed an annual amount equal to fifty dollars multiplied by the number of small wireless facilities that are in the authority's geographic jurisdiction and that are placed by the wireless provider in the right-of-way. E. An authority shall establish and make available rates, fees and terms for all of the following, within six months after August 9, 2017 or three months after receiving the first request by a wireless provider, whichever is later: 1. The construction, installation, mounting, maintenance, modification, operation or replacement of a utility pole or monopole by a wireless provider in a right-of-way. 2. The collocation of a small wireless facility by a wireless provider in a right-of-way. 3. The collocation of a wireless facility on or within a monopole by a wireless provider in a right-of-way. F. The rates, fees and terms established pursuant to subsection E of this section must be made available for acceptance by a wireless provider. At the wireless provider's option, a wireless provider may request different or additional terms that the parties shall negotiate in good faith. Documents that reflect rates, fees and terms with each wireless provider are public records. Rates, fees and terms must comply with this article, and the terms: 1. May not be unreasonable or discriminatory. 2. May include requirements applicable to other users of the right-of-way. 3. May require that the wireless provider's operation of the small wireless facilities in the right-of-way does not interfere with the authority's public safety communications. 4. Subject to subsection K of this section and section 9-593, subsection F, may not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole. 5. Subject to subsection K of this section and section 9-593, subsection F, may not limit the placement of small wireless facilities by minimum separation distances. G. Agreements between authorities and wireless providers that are in effect on August 9, 2017 and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on authority utility poles, remain in effect, subject to applicable termination provisions. The wireless provider may accept the rates, fees and terms established under subsections E and F of this section for small wireless facilities and utility poles that are the subject of an application submitted after the rates, fees and terms become effective. H. Subject to this section and the approval of an application, if required, a wireless provider may do any of the following: 1. Collocate small wireless facilities. 2. Construct, install, modify, mount, maintain, operate and replace utility poles that are associated with the collocation of small wireless facilities along, across, on and under the right-of-way. 3. Construct, install, modify, mount, maintain, operate and replace monopoles that are associated with the collocation of wireless facilities along, across, on and under the right-of-way. The installation, modification and replacement of monopoles are subject to review under section 9-594 regardless of the height of the monopole. I. Subject to subsection K, paragraph 2, subdivision (c) of this section, a new, replacement or modified utility pole that is associated with the collocation of small wireless facilities and that is installed in the right-of-way is not subject to zoning review and approval under section 9-594 if the utility pole does not exceed the greater of either: 1. Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017, that is located within five hundred feet of the new, replacement or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the authority, but not more than fifty feet above ground level. 2. Forty feet above ground level. J. New small wireless facilities collocated on a utility pole or wireless support structure in the right-of-way are not subject to zoning review and approval if they do not extend more than ten feet above the utility pole or wireless support structure and do not exceed fifty feet above ground level. K. An authority may require an application under this section for the installation of new, replacement or modified utility poles associated with the collocation of small wireless facilities. An authority shall approve an application unless the authority finds that the utility pole fails to comply with any of the following: 1. Applicable codes. 2. Local code provisions or regulations that concern any of the following: (a) Public safety. (b) Objective design standards and reasonable stealth and concealment requirements. (c) Undergrounding requirements that prohibit the installation of new or the modification of existing utility poles or monopoles in a right-of-way without prior approval, if such requirements include a waiver, zoning or another process that addresses requests to install such new utility poles or monopoles or modify such existing utility poles or monopoles and do not prohibit the replacement of utility poles or monopoles. 3. Requirements that are imposed by a contract between an authority and a private property owner and that concern design standards applicable to utility poles in the right-of-way. 4. The authority's public safety and reasonable spacing requirements that concern the location of new utility poles in a right-of-way. L. An authority shall process applications under subsection K of this section in compliance with applicable law. If an authority fails to approve or deny an application within the time frame specified by applicable law, the application shall be deemed approved. Any application fee is subject to the requirements provided in section 9- 593, subsection J. The total application fee, if allowed, may not exceed seven hundred fifty dollars. M. The construction, installation, mounting, maintenance, modification, operation or replacement for which a permit is granted shall be completed within one hundred eighty days after the permit issuance date, unless the authority and wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site. N. Approval of an application by an authority authorizes the applicant to do both of the following: 1. Undertake the requested deployment. 2. Subject to applicable relocation requirements, the authority's terms as described in this section and the wireless provider's right to terminate at any time, operate and maintain the wireless provider's new, modified or replacement utility pole for a period of not less than ten years, which must be renewed for equivalent durations unless the authority makes a finding that the new or modified utility pole does not comply with the requirements described in subsection K of this section. O. An authority may require a wireless provider to repair all damage to the authority's property and the right-of- way that is caused by the activities of the wireless provider or the wireless provider's contractor while occupying, installing, repairing or maintaining small wireless facilities, wireless support structures or utility poles in the right-of-way and to return the damaged property to the same condition as before the damage pursuant to the competitively neutral, reasonable requirements and specifications of the authority. If the wireless provider fails to make the repairs required by the authority within a reasonable time after the authority provides written notice to the wireless provider, the authority may make the repairs and charge the applicable party the reasonable, documented cost of the repairs. P. This article does not relieve a wireless provider from any applicable requirement to obtain a franchise, license or other permission to provide communications service or to install, place, maintain or operate facilities or structures that are not authorized by this article in the right-of-way to provide a communications service. 9-593. Applicability; collocation of small wireless facilities; permits; application; fee A. This section applies to the activities of a wireless provider within a right-of-way. B. Except as provided in this section and sections 9-592, 9-594, 9-595, 9-597, 9-598 and 9-599, as applicable, an authority may not prohibit, regulate or charge for the collocation of small wireless facilities. C. Subject to this section and section 9-592, subsection J, a small wireless facility is classified as a permitted use and is not subject to zoning review or approval if the small wireless facility is collocated in a right-of-way in any zone. D. An authority may require an applicant to obtain one or more permits to collocate a small wireless facility if the permit requirement is of general applicability and does not apply exclusively to wireless facilities. An applicant seeking to collocate multiple small wireless facilities within the jurisdiction of a single authority may file a consolidated application for the collocation of up to twenty-five small wireless facilities if the collocations each involve substantially the same type of small wireless facilities and substantially the same type of structure. E. An application must include an attestation that the small wireless facilities will be collocated on the utility pole or wireless support structure and that the small wireless facilities will be operational for use by a wireless services provider to provide service within one hundred eighty days after the permit issuance date, unless the authority and the wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site. F. An authority: 1. Shall accept applications for, process and issue permits to collocate small wireless facilities. 2. Within twenty days after receiving an application, shall determine and notify the applicant whether the application is complete. If an applicant is not notified within the twenty-day period, the application is deemed complete. If an application is incomplete, the authority must specifically identify the information missing from the application. 3. Shall process each application on a nondiscriminatory basis. A complete application is deemed approved if the authority fails to approve or deny the application within seventy-five days after receiving a complete application. 4. Shall approve an application unless the application does not meet the applicable codes, local code provisions or regulations that concern public safety, objective design standards for decorative utility poles or reasonable stealth and concealment requirements or public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way. If an authority determines that applicable codes or local code provisions or regulations require that the utility pole or wireless support structure be replaced before the requested collocation, approval may be conditioned on such replacement of the utility pole or wireless support structure. The wireless provider's request for a replacement utility pole or wireless support structure will be processed pursuant to section 9-592. 5. If an application is denied, shall document the basis for the denial, including the specific code provisions, regulations or requirements on which the denial was based, and send the documentation to the applicant on or before the date that the application is denied. The applicant may cure the deficiencies identified by the authority and resubmit the application within thirty days after the denial without paying an additional application fee. The authority shall approve or deny the revised application within thirty days after receiving the revised application. Any subsequent review is limited to the deficiencies cited in the denial. 6. If an application includes multiple small wireless facilities, may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The authority may issue separate permits for each collocation that is approved in a consolidated application. G. An authority may not: 1. Directly or indirectly require an applicant to perform services that are unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving fiber, conduit or pole space on the wireless provider's monopole or utility pole for the authority. 2. Require an applicant to provide more information to obtain a permit than the authority requires of a communications service provider that is not a wireless provider and that requests to attach facilities to a structure. An authority may require the applicant to certify that the small wireless facilities to be collocated comply with the federal communications commission's regulations concerning radio frequency emissions referenced in 47 United States Code section 332(c)(7)(B)(iv). 3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or issuing permits or other approvals, if any, for the collocation of a small wireless facility. 4. Require an application for routine maintenance or the replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller. An authority may require a permit to work within a right-of-way for such activities, if applicable. A permit issued pursuant to this paragraph is subject to the requirements of this section. H. Collocation for which a permit is granted shall be completed within one hundred eighty days after the permit issuance date, unless the authority and the wireless provider agree to extend this period or a delay is caused by the lack of commercial power at the site. I. Approval of an application by an authority allows the applicant to do both of the following: 1. Collocate the small wireless facilities. 2. Subject to applicable relocation requirements, the wireless provider's right to terminate at any time and the authority's terms described in section 9-592, operate and maintain the small wireless facilities for a period of not less than ten years, which must be renewed for equivalent durations unless the authority makes a finding that the small wireless facilities do not comply with the applicable codes or local code provisions or regulations described in subsection F, paragraph 4 of this section. J. An authority may charge an application fee that is limited to the actual, direct and reasonable costs that are incurred by the authority and that relate to the granting or processing of an application. An application fee shall be reasonably related in time to the incurring of such costs. If such costs are already recovered by existing fees, rates or taxes that are paid by a wireless provider, an authority may not charge an application fee to recover such costs. An application fee may not include: 1. Third-party travel expenses that are incurred to review an application. 2. The direct payment or reimbursement of third-party rates or fees that are charged on a contingency basis or pursuant to a result-based arrangement. K. The total application fee, if allowed, may not exceed one hundred dollars each for up to five small wireless facilities addressed in an application and fifty dollars for each additional small wireless facility addressed in the application. L. This article does not allow a person to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure or private property without the consent of the property owner. 9-594. Structures subject to zoning; time frames; application; fees A. The following activities that take place inside of a right-of-way are subject to this section and all of the authority's codes and regulations, including the authority's zoning codes and other regulatory processes governing use of the rights-of-way, unless the activities are exempt from zoning review and approval under section 9-592, subsection I or J or section 9-593, subsection C: 1. The installation of new monopoles, utility poles or wireless facilities. 2. The collocation of wireless facilities. B. Notwithstanding any provision in this article to the contrary, the construction, installation, maintenance, modification, operation or replacement of a monopole or associated wireless facility in a right-of-way is subject to all of the authority's codes and regulations, including the authority's zoning codes and other regulatory processes governing use of the rights-of-way. C. An authority shall: 1. Accept and process applications for the modification of existing or the installation of new monopoles, utility poles or wireless facilities and the collocation of wireless facilities. 2. Within thirty days after receiving an application, notify the applicant whether the application is complete. If an application is incomplete, the authority must specifically identify the information missing from the application. 3. Process each complete application on a nondiscriminatory basis. A complete application is deemed approved if the authority fails to approve or deny the application within one hundred fifty days after receipt of an application for the modification of existing or the installation of new monopoles, utility poles or wireless facilities or within ninety days after receipt of a complete application for the collocation of wireless facilities. The time period for approval may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the applicant and authority. 4. If a complete application is denied, notify the applicant in writing and provide substantial supporting evidence of the reason for denial in the written record. The written notification of the denial and the supporting evidence shall be publicly released contemporaneously. There must be a reasonable basis for the denial of an application. An authority may not deny an application if the denial is discriminatory against the applicant with respect to the placement of the facilities of other wireless providers. D. An authority may not: 1. Require an applicant to submit information about the applicant's business decisions regarding the need for the monopole, utility pole or wireless facilities. 2. Require an applicant to submit information about, or evaluate an applicant's business decisions regarding, the applicant's service, customer demand for service or quality of service. 3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or issuing decisions for modifications or installations that are not a permitted use. E. An authority, in addition to other rights the authority has under federal, state or local law, may: 1. Adopt reasonable requirements regarding the appearance and concealment of facilities, including those relating to materials used for arranging, screening or landscaping. 2. Adopt setback or fall zone requirements that are substantially similar to setback or fall zone requirements that are imposed on other types of commercial structures of a similar height. 3. Charge an application fee. Any application fee is subject to the requirements provided in section 9-593, subsection J. The total application fee, if allowed, may not exceed one thousand dollars for the modification of existing or the installation of new monopoles or utility poles or for the collocation of wireless facilities. 4. Charge a rate or fee for the use of the right-of-way for the installation of a monopole and associated wireless facility that is limited to not more than the direct and actual costs of managing the right-of-way and that is not in the form of a franchise or other fee based on revenue or customer counts. F. An applicant's business decisions regarding the type and location of wireless facilities, monopoles or utility poles or the technology to be used are presumed to be reasonable. This presumption does not apply to the height or appearance of wireless facilities, monopoles or utility poles. An authority may consider the height of such structures in the zoning or other regulatory review, provided that the authority does not unreasonably discriminate between the applicant and other communications service providers that install wireless facilities. G. Subject to applicable relocation requirements, the authority's terms described in section 9-592 and the wireless provider's right to terminate at any time, the approval term of an application shall be for a period of not less than ten years, which must be renewed for equivalent durations unless the authority makes a finding that the structure or facilities do not comply with the applicable codes or terms of the zoning or other regulatory process approval. Construction of the approved structure or facilities shall be completed within one hundred eighty days after the permit issuance date, unless the authority and the wireless provider agree to extend this period or a delay is caused by the lack of commercial power at the site. 9-595. Access to authority utility poles; rates and fees; collocations for other commercial projects or uses A. An authority may not enter into an exclusive arrangement with any person for the right to attach to authority utility poles. B. The rates and fees for the collocation of small wireless facilities on authority utility poles shall be nondiscriminatory regardless of the services provided by the collocating person. C. The rate to collocate small wireless facilities on authority utility poles may not exceed fifty dollars per authority utility pole, per year. D. An authority shall establish and make available rates, fees and terms for the collocation of small wireless facilities on authority utility poles within six months after August 9, 2017 or three months after receiving a request to collocate the first small wireless facility on such poles, whichever is later. The rates, fees and terms shall be made available for acceptance by a wireless provider. At the wireless provider's option, a wireless provider may request different or additional terms that the parties shall negotiate in good faith. Documents reflecting rates, fees and terms with each wireless provider shall be made publicly available. The rates, fees and terms shall comply with the following requirements: 1. The rates, fees and terms must be nondiscriminatory, competitively neutral and commercially reasonable and comply with this section and section 9-592, subsections E and F. Requests for collocating a small wireless facility on an authority utility pole will be processed pursuant to section 9-593. The authority may require a wireless provider to replace the authority utility pole if the authority determines that applicable codes or local code or regulatory provisions that concern public safety require replacement of the authority utility pole. The wireless provider's request to install a replacement utility pole will be processed pursuant to section 9-592. The authority shall retain ownership of the utility pole. 2. Terms must reasonably accommodate power supply and electric metering for the small wireless facility. E. An authority may prohibit, regulate and charge for the collocation of a wireless facility on a wireless support structure owned by the authority. 9-596. Scope of local authority A. Subject to this article and applicable federal law, an authority may exercise zoning, land use, planning and permitting authority and the authority's police power within the authority's territorial boundaries, including for the installation, modification and replacement of wireless support structures and utility poles. B. An authority does not have any jurisdiction or authority over the design, engineering, construction, installation or operation of any small wireless facility located in an interior structure or on the site of any campus, stadium or athletic facility that is not owned or controlled by the authority, other than to require compliance with applicable codes. C. This article does not authorize this state or any political subdivision of this state, including an authority, to require small wireless facility deployment or to regulate wireless services. D. If an authority determines that a utility pole, monopole or wireless support structure of a wireless provider will be relocated to accommodate a public project, all wireless facilities deployed on such utility pole, monopole or wireless support structure shall be relocated at no cost to the authority. 9-597. Dispute resolution A court of competent jurisdiction in this state shall determine all disputes arising under this article. 9-598. General requirements for use of the right-of-way Structures and facilities deployed by wireless providers pursuant to this article shall be constructed, maintained and located as to not obstruct, endanger or hinder the usual travel or public safety on the right-of-way, damage or interfere with any other utility facilities in the right-of-way or interfere with a utility's use of the utility's facilities in the right-of-way. Construction and maintenance by the wireless provider shall comply with the national electrical safety code and all applicable laws and regulations for the protection of underground and overhead utility facilities. An authority shall treat a wireless provider's facilities located within a right-of-way on an equal basis with other utility facilities, except that an authority may adopt reasonable regulations to address the separation of the wireless provider's facilities from the other utility facilities within the right-of-way to prevent any damage to or interference with such other utility facilities or interference with a utility's use of the utility's facilities located or to be located within the right of way. 9-599. Applicability This article does not: 1. Affect the authority of a special taxing district, investor-owned electric utility or electric cooperative that owns, controls or operates utility poles or wireless support structures to deny, limit, restrict or determine the rates, fees, terms and conditions for the use of or attachment to its utility poles or wireless support structures by a wireless provider. 2. Confer on any authority any zoning, land use, planning, permitting or other regulatory authority over the utility poles, wireless support structures or small wireless facilities owned, controlled or operated by a special taxing district, investor-owned electric utility or electric cooperative or the installation of such utility poles, wireless support structures or small wireless facilities by a special taxing district, investor-owned electric utility or electric cooperative. 3. Amend, modify or otherwise affect any private easement. Any and all rights for the use of a right-of-way are subject to the rights granted pursuant to any private easement. 9-600. Antenna use; private property; applicability A. If an antenna is installed on property within the exclusive use or control of the antenna user whether the user has a direct or indirect ownership or leasehold interest in the property, an authority may not: 1. Unreasonably delay or prevent installation, maintenance or use of the antenna. 2. Unreasonably increase the cost of installation, maintenance or use of the antenna. 3. Prevent reception of acceptable signal quality. B. This section applies to antennas that are not larger than one meter in diameter and installed on private property and are designed to receive video programming services via broadband radio service or to receive or transmit wireless signals other than via satellite. C. This section does not apply to antennas used to transmit signals to and or receive signals from multiple customer locations. ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION, AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. Staff Summary (Background) Per Section 2.02 G of the Zoning Ordinance: "An application for a building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be submitted within six (6) months from the date of approval and secured within one (1) year. Prior to the termination of an approved special use permit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated." The subject Special Use Permit was approved on December 7, 2021. A six-month extension to the SUP was granted on June 21, 2022. A second six-month extension request was granted on January 3, 2023. The applicant's site plan was approved before the June 7, 2023 deadline. The applicant subsequently submitted construction plans. Per zoning ordinance requirements, the construction plans require approval within one year of the date of approval of the last SUP extension. The applicant's last extension request was made in 2023 and was subsequently approved on January 17, 2024, this time approving an extension of one year. The applicant is currently requesting a fourth extension to the Special Use Permit. If approval is granted for another 6-month extension, the SUP will be valid until June 7, 2025. The applicant will use this time to address the remaining outstanding issues related to construction, including obtaining an encroachment permit from the Fountain Hills Sanitary District and providing documentation verifying abandonment of an electrical easement. The 1.62-acre subject property, located north of the northeast corner of Saguaro and Shea Blvd., is vacant and zoned C-1 (Neighborhood Commercial and Professional). This zoning is established to provide a location for modest, well-designed commercial enterprises to serve the surrounding neighborhood, such as medical offices, banks, food establishments and retail. The subject property is neighborhood, such as medical offices, banks, food establishments and retail. The subject property is part of the Redrock Business Center, which was originally platted in 1972 and re-platted in its current configuration in 1997. Currently, among other things, the center houses indoor car showroom, a fraternal order, a butcher shop and a wellness center. The Monterro condominium neighborhood is adjacent to the north, and the former MCO realty office is to the south. The applicant is proposing a small development with 5 townhome-style buildings consisting of a total of 17, three-story residential units. The bottom floors of each unit will contain a two-car garage, while the second floor contains the majority of the living area and balcony. The purpose for the special use permit request is to allow a residential use in a commercial district, as required by the zoning ordinance. The alternative would be to rezone the property to an appropriate multiple-family zoning district. The applicant has chosen the Special Use Permit option due to this lot being part of the larger business center. The biggest concern with the review and consideration of the SUP was the potential for traffic impacts on Saguaro. The Council approval included a requirement for submission of a traffic impact summary with the site plan. With their first site plan submittal in August 2022, the applicant provided, and the Town Engineer approved, a traffic impact statement concluding that the project would not have a significant impact on the existing roadway network. A copy of the previous staff report is attached for further detail on the project and analysis. The main purpose for establishing the time limit on SUP's is to limit speculative use of this tool. Staff fully believes the applicant intends to develop the property as soon as possible; market demands have impacted the availability of engineers to perform the traffic study needed to move this project forward. Further, there have been no significant changes to the area that would warrant a change to the previous Council action. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3 Zoning Districts General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis If the request for an extension is approved, the applicant is granted an additional six months from the original approved expiration date to submit a building permit to make the necessary improvements to the building as presented. If the request for an extension is denied, the applicant will not be able to make the necessary improvements as presented. Additionally, Chapter 2 of the Zoning Ordinance states, "No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said use permit." Recommendation(s) by Board(s) or Commission(s) At the regular meeting on November 8, 2021, the Planning and Zoning Commission expressed concern At the regular meeting on November 8, 2021, the Planning and Zoning Commission expressed concern about the proposed driveway access at Saguaro Blvd., particularly with regard to left turns onto Saguaro, and questioned if there was a traffic study performed with the SUP request. Staff stated that there is no traffic study currently available, but may be required with the site plan submittal, should the Commission move to recommend approval. Subsequently, the Commission moved to recommend approval of the SUP request with a 7-0 vote, with the added stipulation that a traffic impact statement be included for review by the Town Engineer, who would be expected to determine if any traffic control measures are needed to accommodate safe access to and from the development. The Planning and Zoning Commission is not involved in the extension of a SUP. At the December 7, 2021, Town Council meeting, Council voted (5-2) to approve the Special Use Permit as presented, with the following stipulations: Applicant shall provide a traffic impact statement (TIS) with the site plan submittal. The TIS shall be prepared by a registered professional engineer, and shall demonstrate safe ingress and egress at the site and any if mitigation measures shall be taken to ensure traffic safety. 1. The site plan shall incorporate any recommendations for traffic mitigation as determined by the Town Engineer based on the review and approval of the TIS 2. At the January 17, 2024, Town Council Meeting, Council voted (7-0) to approve the third request for an extension to the Special Use Permit. Although the applicant only requested 6-month extension, Town Council allowed the extension for a duration of one year. Staff Recommendation(s) There have been no significant changes to the area that impact the previous approval. Therefore, staff supports extension of this Special Use Permit subject to the same conditions as the initial approval. SUGGESTED MOTION MOVE to approve a six-month extension to the Special Use Permit to allow residential uses at 9637 N. Saguaro Blvd for a maximum of 17 dwelling units, subject to the stipulations approved by Council on December 7, 2021. Attachments Vicinity map Extension request from applicant 12_7_21 Staff Report Site Plan and Elevations Narrative Traffic Statement Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/02/2025 05:29 PM Form Started By: Farhad Tavassoli Started On: 12/30/2024 04:11 PM Final Approval Date: 01/02/2025 Vicinity CASE: SU2021-05 SITE / ADDRESS: 9637 N Saguaro Blvd APN#176-10-805 REQUEST: A Special Use Permit to allow a development of a residential community. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E S H E A B L V D SAG U A R O B L V D Site Location Vicinity MapMap ::SU2021-05SU2021-05 CaseCase DetailsDetails From:Chad Harr To:Farhad Tavassoli; John Wesley Cc:Kirk Harr Subject:Fwd: SUP expires December 7 Date:Wednesday, December 4, 2024 12:07:06 PM Attachments:image001.png Warning: Unusual sender <chadharr@mac.com> You don't usually receive emails from this address. Make sure you trust this sender before taking anyactions. Good afternoon Farhad,For our Saguaro Blvd project we would like to request an extension for our SUP for continuing permitapproval for the project. ThanksChad Harr Begin forwarded message: From: Farhad Tavassoli <ftavassoli@fountainhillsaz.gov>Date: December 3, 2024 at 5:57:08 PM MSTTo: Kirk Harr <k.harr@me.com>Cc: John Wesley <jwesley@fountainhillsaz.gov>, Andy Whisler<awhisler@fountainhillsaz.gov>Subject: SUP expires December 7 Hi Kirk, The special use permit for 17-unit townhome development will expire onDecember 7, 2024. Last I checked, Andy is still waiting on documentationthat confirms abandonment of an easement on the property. I think this is theonly outstanding item, but we will need this by Thursday in order to avoidhaving to pursue another renewal to the SUP. Otherwise, you’ll have torequest another extension in writing (email is fine) on or before December 7. Sincerely, Farhad Tavassoli, AICP, CFM Senior Planner Town of Fountain Hills p: (480) 816-5139 a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 w: www.fountainhillsaz.gov e: ftavassoli@fountainhillsaz.gov Monday – Thursday 7:00am – 6:00pm Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work Session Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Combined Regular Meeting/Work Session (Agenda Language): PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: SPECIAL USE PERMIT to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. Staff Summary (Background) The 1.62-acre subject property, located north of the northeast corner of Saguaro and Shea Blvd., is vacant and zoned C-1 (Neighborhood Commercial and Professional). This zoning is established to provide a location for modest, well-designed commercial enterprises to serve the surrounding neighborhood, such as medical offices, banks, food establishments and retail. The subject property is part of the Redrock Business Center, which was originally platted in 1972 and re-platted in its current configuration in 1997. Currently, among other things, the center houses indoor car showroom, a fraternal order, a butcher shop and a wellness center. The Monterro condominium neighborhood is adjacent to the north, and the former MCO realty office is to the south. The applicant is proposing a small development with 5 townhome-style buildings consisting of a total of 17, three-story residential units. The bottom floors of each unit will contain a two-car garage, while the second floor contains the majority of the living area and balcony. The purpose for the special use permit request is to allow a residential use in a commercial district, as required by the zoning ordinance. The alternative would be to rezone the property to an appropriate multiple-family zoning district. The applicant has chosen the Special Use Permit option due to this lot being part of the larger business center. The primary ingress/egress will be off of Saguaro Blvd, with limited access from the interior of the Redrock Business Center. The applicant will maintain a 20-foot building setback from the Monterro condominiums to the north, which is the required building setback to a residentially zoned property, and will contain a landscaped open area. The applicant has provided building elevations to show facade treatment, wall articulation, and other modern architectural elements. Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving neighborhoods. One of the items listed is having a variety of housing types. This section includes policies to encourage a broad range of housing types affordable to all income ranges and a range of housing types and densities consistent with the character area. Section III of the General Plan includes the information on the Character Areas in the Town. This small commercial parcel was included as part of the Shea Corridor and a Secondary Gateway to the Town. More specifically, the Shea Corridor character area anticipates increasing the mix of uses which will include some multi-residential uses and an integrated environment. This area is to focus on infill and redevelopment and “invite residents and visitors to explore the Town.” Allowing the proposed residential use would be consistent with the intent of the Plan for this area by accommodating new residents and thus inviting new clientele for existing and future businesses. The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a Special Use Permit (SUP). Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP. With regards to the review and recommendation by the Planning and Zoning Commission, Section 2.02 D. 5. of the Zoning Ordinance states: 5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area has been zoned and platted prior to incorporation of the Town for commercial uses. It is still the desire of the Town that the Redrock Business Center continue to be successful. The Planning and Zoning Commission must determine if the introduction of residential uses to this area of the Redrock Business Center would be detrimental to the desired commercial activity and whether the residential use would be detrimental to the public health, safety, peace, or comfort of the neighborhood. A review of this property shows that over its almost 50-year history it has not fully developed and has been considerably underutilized. The property was the subject of another recent special use permit request for a 67-room hotel in March 2020. There was significant opposition to the project, and request was recommended for denial by a unanimous vote by the Commission. The applicant withdrew the application before moving forward to the Town Council hearing. Should the Town Council approve the Special Use Permit, staff will continue to work with the applicant on details related to the site plan, grading and drainage plan, and required landscaping before filing for a building permit. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3 Zoning Districts General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis N/A N/A Recommendation(s) by Board(s) or Commission(s) At the regular meeting on November 8, 2021, the Planning and Zoning Commission expressed concern about the proposed driveway access at Saguaro Blvd., particularly with regard to left turns onto Saguaro, and questioned if there was a traffic study performed with the SUP request. Staff stated that there is no traffic study currently available, but may be required with the site plan submittal, should the Commission move to recommend approval. Subsequently, the Commission moved to recommend approval of the SUP request with a 7-0 vote, with the added stipulation that a traffic impact statement be included for review by the Town Engineer, who would be expected to determine if any traffic control measures are needed to accommodate safe access to and from the development. Staff Recommendation(s) Staff supports a recommendation for approval of this Special Use Permit. Based on the Planning and Zoning Commission discussion and recommendation, staff recommends including the following stipulations: Applicant shall provide a traffic impact statement (TIS) with the site plan submittal. The TIS shall be prepared by a registered professional engineer, and shall demonstrate safe ingress and egress at the site and any if mitigation measures shall be taken to ensure traffic safety. 1. The site plan shall incorporate any recommendations for traffic mitigation as determined by the Town Engineer based on the review and approval of the TIS. 2. SUGGESTED MOTION MOVE to approve the Special Use Permit to allow residential uses at 9637 N. Saguaro Blvd for a maximum of 17 dwelling units, subject to the stipulations as recommended by staff and the Planning and Zoning Commission. Attachments Vicinity map Site Plan and Elevations Narrative Form Review Inbox Reviewed By Date Development Services Director John Wesley 11/17/2021 01:58 PM Form Started By: Farhad Tavassoli Started On: 11/16/2021 04:10 PM Final Approval Date: 11/17/2021 David Janover 13 Jul 2022 Page 2 The intersection of Trevino Drive and Saguaro Boulevard is a four-way unsignalized intersection. Eastbound traffic on Trevino Drive is STOP controlled and offered a shared left-turn/through lane and a right turn lane. Westbound traffic is also STOP controlled and provided with a shared left/through/right turn lane. Northbound vehicles make use of a left turn lane, two through lanes, a right-turn lane while southbound traffic is provided with a left turn lane, three through lanes, and a right turn lane. The first ancillary access point is approximately 450 feet south of Saguaro Boulevard on Shea Boulevard and serves as access to an existing office park with access to Trevino Drive. The access point is restricted by a raised median on Shea Boulevard to prevent eastbound left-hand turns. The second ancillary access point is approximately 250 feet north of Shea Boulevard on Monterey Drive and serves as access to an existing office park with access to Trevino Drive. Northbound vehicles make use of a left turn lane and a shared through, right lane while southbound traffic is provided with a shared left, though lane and a left-turn lane. Access Main access to the Fountain Hills Condominium development will be provided via the existing intersection of Trevino Drive/Saguaro Boulevard. The site can also be accessed by the two ancillary access points off Shea Boulevard and Monterey Drive. The primary purpose of these ancillary access points is for the adjacent office park and they are not expected to be heavily used due to the need to maneuver through parking areas of the adjacent office complex. The Fountain Hills Condominium project will be located on the northeast corner of Trevino Drive/Saguaro Boulevard. Condominiums will be constructed on the north side of Trevino Drive and on street parking will be provided on the south side. There will be no changes made to the existing intersection of Trevino Drive/Saguaro Boulevard. Trip Generation Nationally agreed-upon methodology contained in the Institute of Transportation Engineers (ITE) publication Trip Generation Handbook, 11th Edition, 2021 defines various trip generation rates expected at developments. The project trip generation was estimated for the construction of a 17-unit condominium development based on ITE Land Use Code 220, Multifamily Housing (Low-Rise) Not Close to Rail Transit (LUC 220). The result is the expected weekday trip generation for the project as shown in Table 1. The complete trip generation calculations can be found in the Appendix. Figure 1 – Vicinity Map UP 0 10 20 40 NORTHN. SAGUARO BLVDLANDSCAPING BUILDING ONE (4) UNITS BUILDING TWO (4) UNITS BUILDING THREE (4) UNITS BUILDING FOUR (3) UNITS BUILDING FIVE (2) UNITS ASPHALT PAVING LANDSCAPING LANDSCAPING LANDSCAPING TRASH ADJACENT EXISTING CONDOMINIUM DEVELOPMENT ADJACENT EXISTING COMMERICAL DEVELOPMENT PR O J E C T D A T A Zoning: APN: S/T/R: MCR (existing): Subdivision: Lot Area: Gross: Net: Occupancy Group: Construction Type: Units Provided: C-1 176-10-805 26 3N 6E 930-41 Redrock Business Center - Lot 6 70,830 SF (0.97 acres) Residential V-N Sprinklered 17 Single-Family Condominiums RL e p o r e A r c h i t e c t u r e , L L C 13 4 4 0 N o r t h 4 4 t h S t r e e t , # 2 0 3 1 Ph o e n i x , A r i z o n a 8 5 0 3 2 ph : 6 0 2 . 3 1 8 . 0 1 0 0 RL e p o r e A r c h i t e c t u r e @ g m a i l . c o m 96 3 7 N o r t h S a g u a r o B l v d . Fo u n t a i n H i l l s , A r i z o n a 8 5 x x x A 1 7 -Un i t C o n d o m i n i u m P r o j e c t : Fo u n t a i n H i l l s C o n d o m i n i u m P R E L I MI N A R Y N O T F O R C O N S T R U C T I O N O R R E C O R D A TI O N 11 / 4 / 2 0 2 1 9: 2 2 : 1 5 A M A1.1 Site Plan & Project Data No .Description Date 1" = 20'-0"1 Site Plan 1/4" = 1'-0" Project Data Figure 3 – Existing Configuration Multifamily Housing (Low-Rise) Not Close to Rail Transit LAND USE: 17 Dwelling Units Multifamily Housing (Low-Rise) Not Close to Rail Transit Original Plan TRIP GENERATION CALCULATIONS ARE BASED ON THE INSTITUTE OF TRANSPORTATION ENGINEERS' TRIP GENERATION, 10TH EDITION. THE ITE LAND USE CODE IS Multifamily Housing (Low-Rise) Not Close to Rail Transit (220), General Urban/Suburban WEEKDAY Average Rate = 6.74 Trips per Dwelling Unit (DU) T =6.74 Trips x 17 DU T =116 VTPD ENTER:(0.5)*(116) =58 VTPD EXIT:(0.5)*(116) =58 VTPD AM PEAK HOUR (ONE HOUR BETWEEN 7 AND 9 AM) Average Rate = 0.4 Trips per Dwelling Unit (DU) T =0.4 Trips x 17 DU T =7 VPH ENTER:(0.24)*(7) =2 VPH EXIT:(0.76)*(7) =5 VPH PM PEAK HOUR (ONE HOUR BETWEEN 4 AND 6 PM) Average Rate = 0.51 Trips per Dwelling Unit (DU) T =0.51 Trips x 17 DU T =9 VPH ENTER:(0.63)*(9) =6 VPH EXIT:(0.37)*(9) =3 VPH *where, T = trip ends TRIP GENERATION SUMMARY WEEKDAY 116 VTPD AM PEAK HOUR (ONE HOUR BETWEEN 7 AND 9 AM)7 VPH PM PEAK HOUR (ONE HOUR BETWEEN 4 AND 6 PM)9 VPH ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit to allow residential use (up to twelve dwelling units) on property located at 16740 E. Avenue of the Fountains. WITHDRAWN Staff Summary (Background) N/A 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 N/A Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 01/09/2025 04:54 PM Form Started By: John Wesley Started On: 01/09/2025 04:51 PM Final Approval Date: 01/09/2025 ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 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 2025-01, Approving a Grant Agreement with the United States Department of Transportation Federal Highway Administration to Receive a Safe Streets and Roads for All Grant for the Town of Fountain Hills Comprehensive Street Safety Action Plan Staff Summary (Background) The Safe Streets and Roads for All (SS4A) Grant Program is part of the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law. The IIJA established the SS4A program to support local, regional, and tribal initiatives aimed at reducing traffic fatalities and serious injuries on roadways. The program is designed to fund the development of safety action plans as well as the implementation of safety improvements that align with the national "Vision Zero" efforts. Notably, the Vision Zero approach to road safety management is based on the principle that no death or serious injury is acceptable on roads and it employs strategies for road environment and improvements that work together to minimize risk. In April 2024, the Town of Fountain Hills submitted an application for the FY 2024 SS4A Grant Program to support the development of a Comprehensive Street Safety Action Plan. The FHWA awarded the Town $240,000, requiring a $60,000 local match, bringing the total project budget to $300,000. This grant aligns with the Town’s commitment to Vision Zero principles, aiming to eliminate traffic-related fatalities and severe injuries while fostering safer, more accessible transportation infrastructure. Additionally, the grant is in direct accord with the Town's 2022 Strategic Plan which notes a priority of "improving the public health, well-being, and safety of our town." The Comprehensive Transportation Safety Action Plan will: Identify areas for infrastructure improvements to enhance safety for all users. Develop speed management strategies in high-risk areas. Engage residents through public outreach to reflect community needs. Address pedestrian accessibility and emergency route improvements. Provide a framework for future safety improvements and grant applications. Note: No physical construction or ground disturbance will occur during this planning phase. Note: No physical construction or ground disturbance will occur during this planning phase. Public Outreach Public engagement is a key component of this plan. The Town will host workshops and collaborate with local stakeholders, including the Fort McDowell Yavapai Nation, to ensure equity and inclusivity in the plan’s development. Project Schedule Start Date: January 2025 Public Plan Release: March 2027 Completion Date: June 2027 Cost and Funding Federal Grant: $240,000 Local Match: $60,000 Total Budget: $300,000 The Comprehensive Street Safety Action Plan will position Fountain Hills as a leader in transportation safety and sustainability, laying the groundwork for future implementation projects. Staff recommends approval of this grant agreement. Related Ordinance, Policy or Guiding Principle This initiative aligns with the Public Works Department's mission to provide safe, sustainable, and accessible infrastructure that enhances the quality of life for all residents and visitors. By pursuing the development of a Comprehensive Street Safety Action Plan, the Town can proactively address transportation challenges, promote equity, and foster a safer community. Supporting this grant demonstrates our commitment to delivering innovative and inclusive solutions that reflect the Town's values and strategic goals. Risk Analysis If the grant agreement is not approved, the Town will forfeit $240,000 in federal funding, requiring local resources to fund the plan or delaying it indefinitely. Without a Comprehensive Safety Action Plan, the Town risks reduced eligibility for future grants, delayed safety improvements, and missed opportunities for public engagement and equity considerations. This could lead to higher long-term costs, ongoing safety hazards, and hindered progress toward strategic goals like Vision Zero. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2025-01. SUGGESTED MOTION MOVE to approve Resolution 2025-01, to enter into a Grant Agreement with the Federal Highway Administration to receive SS4A Grant funds to develop a Comprehensive Streets Safety Action Plan. Fiscal Impact Fiscal Impact:$60,000 Budget Reference: Funding Source:Grants If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Grant Agreement with FHWA Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 01/07/2025 03:51 PM Town Attorney Aaron D. Arnson 01/09/2025 01:55 PM Town Manager Rachael Goodwin 01/10/2025 11:29 AM Form Started By: David Janover Started On: 12/12/2024 04:53 PM Final Approval Date: 01/10/2025 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 1 of 18 1. Federal Award No. 2. Effective Date See No. 16 Below 3. Assistance Listings No. 20.939 4. Award To Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills, AZ 85268-3815 Unique Entity Id.: QK17RB4MN8M9 TIN No.: 860650150 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 6. Period of Performance Effective Date of Award – 6/1/2027 7. Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: $240,000 $60,000 $0 $0 $300,000 8. Type of Agreement Grant 9. Authority Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) 10. Procurement Request No.[jgr1] HSA240685PR 11. Federal Funds Obligated $240,000 12. Submit Payment Requests To See Article 5. 14. Description of the Project The grant award will be used by the Town of Fountain Hills to develop a comprehensive safety action plan. 13. Accounting and Appropriations Data [insert Data] RECIPIENT 15. Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Justin Weldy Title: Public Works Director FEDERAL HIGHWAY ADMINISTRATION 16. Signature of Agreement Officer ______________________________________ Signature Date Name: Title: Agreement Officer DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 2 of 18 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the Town of Fountain Hills (the “Recipient”). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Town of Fountain Hills Street Safety Action Plan. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2024.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government- wide integrity and performance system. DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 3 of 18 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: Town of Fountain Hills Street Safety Action Plan Application Date: April 3, 2024 2.2 Award Amount. SS4A Grant Amount: $240,000 2.3 Federal Obligation Information. Federal Obligation Type: Single 2.4 Budget Period. See Block 6 of Page 1 2.5 Grant Designation. Designation: Planning and Demonstration ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project’s Statement of Work. This project will complete a Comprehensive Safety Action Plan for the Town of Fountain Hills. The main objective of the Comprehensive Safety Action Plan is to identify areas where the current infrastructure can be improved so that it can safely accommodate all users. Furthermore, the Comprehensive Safety Action Plan is intended to include things such as speed reduction strategies in high-risk areas, will involve residents in planning processes to ensure that safety improvements reflect community needs, and will update emergency plans to secure safe routes for pedestrians and cyclists. Additionally, the Comprehensive Safety Action Plan will identify areas where pedestrian accessibility improvements are needed. Supported by the SS4A grant, these measures advance Vision Zero goals and are designed to reduce traffic incidents, foster inclusivity, and create a safer, more connected Fountain Hills. There will be no physical improvements or ground disturbance during the development of the Comprehensive Safety Action Plan. It is envisioned that elements identified in the plan will be the basis for future implementation projects, HSIP projects, etc. The Fountain Hills Comprehensive Safety Action Plan project will be completed in one phase. DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 4 of 18 3.2 Project’s Estimated Schedule. Action Plan Schedule Milestone Schedule Date Planned Final Plan Publicly Available Date: 3/1/2027 Planned SS4A Final Report Date: 6/1/2027 3.3 Project’s Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $240,000 Other Federal Funds: State Funds: Local Funds: $60,000 In-Kind Match: Other Funds: Total Eligible Project Cost: $300,000 (b) Cost Classification Table – For Planning and Demonstration Grants with demonstration activities and Implementation Grants Only – Not Applicable (c) Indirect Costs Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding. DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 5 of 18 ARTICLE 4 CONTACT INFORMATION 4.1 Recipient Contact(s). Justin Weldy Public Works Director Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 480-816-5133 jweldy@fountainhillsaz.gov 4.2 Recipient Key Personnel. Name Title or Position Justin Weldy Public Works Director David A. Janover, PE Town Engineer Andy Whisler, PE Assistant Town Engineer 4.3 USDOT Project Contact(s). Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-2822 SS4A.FHWA@dot.gov and Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-493-2402 HCFASS4A@dot.gov and DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 6 of 18 Division Administrator – Arizona Agreement Officer’s Representative (AOR) 4000 North Central Avenue Suite 1500 Phoenix, AZ 85012-3500 (602) 379-3646 Arizona.FHWA@dot.gov and Tremaine L. Wilson Arizona Division Office Lead Point of Contact Civil Rights/Realty Specialist 4000 North Central Avenue Suite 1500 Phoenix, AZ 85012-3500 (602) 382-8970 Tremaine.wilson@dot.gov ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction. In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. 5.2 Reimbursement Requests DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 7 of 18 (a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement. 6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 8 of 18 Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures. 6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website. 6.5 There are no other special grant requirements. DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 9 of 18 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: Town Boundary of the Town of Fountain Hills, AZ Table 1: Performance Measure Table Measure Category and Description Measurement Frequency and Reporting Deadline Equity Percent of Funds to Underserved Communities: Funding amount (of total project amount) benefitting underserved communities, as defined by USDOT Within 120 days after the end of the period of performance Costs Project Costs: Quantification of the cost of each eligible project carried out using the grant Within 120 days after the end of the period of performance Lessons Learned and Recommendations Lessons Learned and Recommendations: Description of lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. Within 120 days after the end of the period of performance DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 10 of 18 ATTACHMENT B CHANGES FROM APPLICATION Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” after “Scope,” “Schedule,” or “Budget.” If there are changes to the budget, please complete the table below. Otherwise, leave the table below blank. Scope: The application narrative mentioned a) infrastructure redesign, b) sidewalk and pathway enhancements, c) protected bike lanes and pedestrian crossings, d) preparing an ADA Transition Plan, and e) health and safety programs. To clarify, none of these items will be implemented as part of the Comprehensive Safety Action Plan. While these will be identified and discussed in the plan, these items are intended to be addressed in later implementation grants and/or supplemental activities. The objective of the Comprehensive Safety Action Plan is to identify areas where the current infrastructure can be improved so that it can safely accommodate all users. Furthermore, the intent of the Comprehensive Safety Action Plan is to identify things such as speed reduction strategies in high-risk areas, involve residents in planning processes to ensure that safety improvements reflect community needs, update emergency plans to secure safe routes for pedestrians and cyclists, and identify areas where pedestrian accessibility improvements are needed. Schedule: The application assumed a start date of 7/1/2024 and end date of 6/30/2025. The end date has been changed to 6/1/2027, based on a start date of January 2025 and a recommended 30-month time of completion. Budget: The table below provides a summary comparison of the project budget. Fund Source Application Section 3.3 $ % $ % Previously Incurred Costs (Non-Eligible Project Costs) Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 11 of 18 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with “X” in the following table align with the application: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.) The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below. X The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. The Town of Fountain Hills is committed to addressing equity considerations as part of its Comprehensive Safety Action Plan under the SS4A grant. While Fountain Hills is an affluent community, its neighboring community, the Fort McDowell Yavapai Nation, represents an underserved population. Recognizing the proximity and interconnectedness of these communities, the Town will actively engage with representatives from the Fort McDowell Yavapai Nation to gather input on how Fountain Hills’ street and walking networks can better serve all users and improve regional equity. Efforts will include: DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 12 of 18 • Targeted Outreach: Collaborating with leaders and residents of the Fort McDowell Yavapai Nation to understand how Fountain Hills’ transportation infrastructure impacts their access to opportunities and regional connections. • Community Engagement Workshops: Hosting inclusive sessions to gather feedback on specific barriers to safe walking, biking, and driving within Fountain Hills for residents traveling from or to the Nation. • Equity-Focused Improvements: Using feedback to identify opportunities for enhancing transportation safety and accessibility in Fountain Hills, such as improved pedestrian crossings, better wayfinding, and multimodal infrastructure. This approach ensures the Town of Fountain Hills addresses equity and reduces barriers to opportunity within its jurisdiction while fostering a collaborative relationship with its neighboring community. By integrating these considerations into the Safety Action Plan, the Town demonstrates its commitment to creating a more inclusive and accessible environment for all. DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 13 of 18 ATTACHMENT D CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with “X” in the following table align with the application: The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 14 of 18 The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) X The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below. The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below. The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. Prior to developing this Safety Action Plan, Fountain Hills has prioritized climate change resilience and environmental justice to ensure that the Project meets sustainability and equity goals. We have taken steps to integrate green infrastructure principles, such as designing roadways that accommodate non- motorized users, which reduces vehicle emissions and promotes healthier, lower-impact modes of transportation. We have added approximately 9 miles of new bicycle lanes along key corridors over the last two years. Additionally, by focusing on speed management, we aim to reduce idling and fuel consumption in key areas, directly contributing to improved air quality and reducing greenhouse gas emissions. To address environmental justice, we have engaged with local communities, including those historically affected by environmental disparities, to understand their specific needs and concerns. This engagement informs our plan to incorporate shaded pathways, safe pedestrian areas, and accessible emergency routes, ensuring equitable access to cooler, walkable areas that mitigate urban heat island effects. Together, these actions reflect our commitment to climate adaptation and environmental justice, enhancing the well-being and resilience of all residents. DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 15 of 18 ATTACHMENT E LABOR AND WORKFORCE 1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application: The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 16 of 18 The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and f. maintaining robust anti-retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) X The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. There will be no construction completed with this agreement. This agreement only relates to the development of the Fountain Hills Comprehensive Safety Action Plan. DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 17 of 18 ATTACHMENT F CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE 1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats. The Recipient states that rows marked with “X” in the following table are accurate: The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities. The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security. For projects in floodplains: The Recipient appropriately considered whether the project was upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicit and Considering Stakeholder Input (80 FR 6425). 2. Supporting Narrative. This project does not include the purchase of Information Technology and/or Operational Technology. DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 06-13-2024 18 of 18 ATTACHMENT G CIVIL RIGHTS AND TITLE VI 1. Recipient Type Designation. Recipient Type Designation: New 2. Title VI Assessment Information. Title VI Assessment Completion Date: See date of execution of this agreement and Exhibit B, Term B. 1 ITEM 8. H. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF AND POSSIBLE ACTION: Approving Amendment #2 to Professional Services Agreement 2020-063 with Kimley-Horn and Associates, Inc. for final plans related to phase one of the Shea Blvd. capital improvement project. Staff Summary (Background) The Shea Boulevard Widening Project (Palisades Boulevard to Fountain Hills Boulevard) is a critical roadway improvement project for the Town of Fountain Hills. For many years, this project has been part of the Maricopa Association of Governments (MAG) list of Arterial Life Cycle Program (ALCP) projects, partially funded by Proposition 400 (1/2 cent sales tax). The project is designed to enhance traffic flow, and improve safety along this heavily trafficked corridor. On February 18, 2020, Town Council approved a Professional Services Agreement (PSA) with Kimley-Horn and Associates, Inc. (KHA) in the amount of $115,778 for the preparation of a design concept report and preliminary design services for this project. On January 18, 2022, Council approved Amendment No. 1 to the PSA for an additional $229,795 that included complete design services with the preparation of 100% construction plans, specifications and engineering estimates for the project. Kimley-Horn submitted 100% construction plans in November 2022, but final design efforts were paused due to the need for additional geotechnical investigations regarding slope stability. These investigations, performed by RAMM Engineering, have now been completed, allowing the project to proceed. To finalize the project, Kimley-Horn has submitted a comprehensive scope of services and fee proposal detailing the tasks required to complete the design, incorporating the findings and recommendations of the geotechnical investigation. Kimley-Horn’s proposed services include: Project Management: Ongoing contract management, coordination with subconsultants, and regular progress reporting. Geotechnical Review and Alternatives: Analyzing geotechnical findings, developing design alternatives for slope stability, and incorporating the preferred alternative into the design. Final Design Updates: Updating roadway, drainage, and traffic signal plans. Preparing updated SWPPP/erosion control plans. Preparing updated SWPPP/erosion control plans. Finalizing signing and pavement marking plans. Structural Design (Allowance): Retaining wall designs and other structural measures, if required. Subconsultant Services: Supplemental topographic survey by RLF Consulting. Geotechnical investigations by RAMM Engineering. This contract amendment ensures that final, sealed construction documents will be completed, including specifications, cost estimates, and bid-ready plans. The plans are expected to be completed within FY25, with construction anticipated for FY26. The total not-to-exceed amount for this amendment is $99,891.39. Related Ordinance, Policy or Guiding Principle Approved Capital Improvement Project: Shea Blvd widening- Phase 1 Risk Analysis Not completing the design phase of the Shea Boulevard Widening project puts $1,795,000 in 70% MAG ALCP construction grant funding in jeopardy. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Amendment No. 2 to Professional Services Agreement 2020-063 with Kimley-Horn and Associates, Inc. for the final design of phase 1- Shea Blvd. Widening SUGGESTED MOTION MOVE to Approve Amendment No. 2 to Professional Services Agreement 2020-063 with Kimley-Horn and Associates, Inc. in the amount of $99,891.39 and associated budget transfers, if needed. Fiscal Impact Fiscal Impact:$99,891.39 Budget Reference:FY 25 Budget Funding Source:Capital Projects Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:Yes Attachments KHA Scope and Fee 2025-053 Kimley Horn Exhibit A Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 01/07/2025 03:51 PM Town Attorney 01/09/2025 02:01 PM Town Manager Rachael Goodwin 01/14/2025 02:39 PM Form Started By: Justin Weldy Started On: 01/07/2025 10:59 AM Final Approval Date: 01/14/2025 kimley-horn.com 1661 East Camelback Road, Suite 400, Phoenix, AZ 85016 602 944 5500 November 26, 2024 Justin Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of Fountain Hills Fountain Hills, Arizona 85268 RE: Scope of Work and Design Fee Proposal Shea Boulevard Widening Final Design – Palisades Boulevard to Fountain Hills Boulevard Town Project No. S6058 Dear Justin, Kimley-Horn is pleased to submit this scope and fee proposal to perform professional design consulting services for the Town of Fountain Hills to finalize the design for the widening of Shea Boulevard from Palisades Boulevard to Fountain Hills Boulevard. This proposal includes services to review the recent geotechnical evaluation findings and finalize the final design plans, specifications, and cost estimates for the roadway improvements. Kimley-Horn’s base design services are an hourly not-to-exceed total of $48,100.00. We have included subconsultant design fees in the not-to-exceed amount of $28,466.39. Kimley-Horn allowances are included as an hourly not-to-exceed amount of $23,325.00. The total not-to-exceed contract amount to perform the scope of services detailed in this document is $99,891.39. We trust that you will find our submittal in order. Should you have any questions or need additional information, please contact me at 602-906-1188 or Joel.Varner@kimley-horn.com. Very truly yours, KIMLEY-HORN Joel Varner, P.E. Project Manager Enclosures kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 TOWN OF FOUNTAIN HILLS SHEA BOULEVARD WIDENING PALISADES BOULEVARD TO FOUNTAIN HILLS BOULEVARD TOWN PROJECT NO. S6058 SCOPE OF SERVICES Prepared November 26, 2024 Project Understanding This contract consists of finalizing the design for improvements along the Shea Boulevard corridor from Palisades Boulevard to Fountain Hills Boulevard for the Town of Fountain Hills (Town). A previous Basis of Design Report was completed to evaluate improvements within the project limits. Using this report as a basis for the design, the Town requested Kimley- Horn prepare the final design plans and most recently submitted 100% non-sealed plans in November 2022. The final design was paused to evaluate some geotechnical concerns regarding fill slopes within the project limits before finalizing and sealing the plans. RAMM Engineering recently completed additional geotechnical investigations of the fill slopes in question. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1: Project Management a. Project management includes contract management and internal meetings with staff. This task coordinates and administers the day-to-day operations of the project, including organizing and filing project data and communication files, responding to project correspondence including emails and phone calls, performance of monthly budget updates, and schedule monitoring. This task also includes the management of sub-consultants, and interfacing and communication determined to be reasonably necessary to keep stakeholders informed. b. This task includes the preparation of monthly invoices to the Town for services performed. Kimley-Horn will provide a monthly project progress report that will be included in the invoice package. The monthly project progress report will be submitted to the Town Project Manager. c. This proposal assumes up to 6 months of project management. Task 2 – Project Meetings a. Kimley-Horn will attend one (1) Geotechnical Review Meeting. This meeting will be held at the Town’s offices and the purpose will be to review the findings from Page 2 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 RAMM’s Geotechnical report and discuss potential options to address the fill slope concerns within the project limits. Kimley-Horn will be responsible for preparing notes from the meeting and distribute the notes to attendees. b. Kimley-Horn will attend up to three (3) additional project meetings. These meetings may be in the form of general progress meetings, over-the-shoulder review meetings, or comment resolution meetings. Meetings will be held virtually and will be scheduled at the request of the Town. Kimley-Horn will be responsible for preparing the meeting agenda, sign-in sheet, presentation, handout material, attending and facilitating the meeting, and submitting notes of the meeting to the Town. Task 3 – Data Collection a. Kimley-Horn’s subconsultant, RLF Consulting, will obtain additional survey of the fill slopes in question. Kimley-Horn will use this information to verify design limits. RLF Consulting’s scope of services is included in Appendix C. b. Kimley-Horn will import received data from subconsultants including topographic survey and geotechnical information. Task 4 – Geotechnical Review and Alternatives a. Kimley-Horn will review the findings from RAMM’s geotechnical report, coordinate with the Town, and develop design alternatives to address the fill slope concerns. b. Kimley-Horn will provide up to three (3) alternative exhibits, along with accompanying cost estimates for each alternative, for the Town’s review. Kimley-Horn will implement the preferred design alternative into the final design plans. Final Design Plans Kimley-Horn to provide Final Design services which will consist of the following: a. Using the recommendations from the Basis of Design Report, and the preferred alternative determined from Task 4, Kimley-Horn will prepare Final Design construction documents. This contract consists of the following submittals: i. Pre-Final (Non-Sealed) Construction Plans, Specifications, and Cost Estimates ii. Final (Sealed) Construction Plans, Specifications, and Cost Estimates b. The following is the anticipated drawing sheet count for the project: Sheet Description # of Sheets Cover Sheet 1 General Notes, Legend, and Abbreviations Sheet 1 Geometric Control Sheet 1 Typical Section Sheet 1 Roadway Detail Sheet 1 Shea Blvd Paving Plan Sheets (1” = 20’ Scale) 11 Page 3 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 Sheet Description # of Sheets Shea Blvd Paving Profile Sheets (1” = 20’ Scale) (1” = 2’ Vert) 11 Sidewalk Ramp Detail Sheet 1 Structural Note Sheet (New Sheet)* 1 Structural Detail Sheets (New Sheets)* 2 Structural Plan & Profile Sheets (New Sheets)* 5 Storm Drain Lateral Profile Sheets 2 General Signing and Pavement Marking Notes/Legend Sheet 1 Shea Blvd Pavement Marking & Signing Plan Sheets (Double Stacked) (1"=20' Scale) 7 Shea Blvd & Palisades Blvd Traffic Signal Improvement Sheets 2 SWPPP/Erosion Control Plans 10 Total Sheets 50 (58*) * Tasks to complete the structural sheets are provided as an allowance in this proposal in Task 13. These sheets will only be provided if directed by the Town. The need for these sheets is expected to be determined through the geotechnical review and evaluation from Task 4. Task 5 – Roadway Design Plan Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the roadway design plans. b. Kimley-Horn will update the roadway design base map based on the preferred design alternatives determined in Task 4. c. Kimley-Horn will update the 3D finished grade surface in AutoCAD to determine the extent of cut and fill limits, as well as earthwork quantities, based on the results of the new topographic survey and design updates determined in Task 4. Task 6 – Drainage Design Plan Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the drainage design plans and drainage report. Task 7 – Signing & Pavement Marking and Traffic Signal Design Plan Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the signing and pavement marking design plans. b. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the traffic signal design plans. Page 4 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 Task 8 – SWPPP/Erosion Control Plan Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the SWPPP/erosion control plans. Task 9 – Design Review & Submittals a. The following submittals are included as a part of this contract: i. Pre-final Construction Documents ii. Final Bid Documents b. Prior to each submittal, Kimley-Horn will perform internal quality control reviews. c. The following items will be submitted at each submittal stage: Pre-Final Final Cover Sheet X X General Notes Sheet X X Geometric Control Sheet X X Typical Section Sheets X X Roadway Detail Sheet X X Paving Plan & Profile Sheets X X Sidewalk Ramp Detail Sheets X X Structural Design Sheets* X X Catch Basin Lateral Profile Sheets X X Drainage Detail Sheets X X Signing/Pavement Marking Sheets X X SWPPP & Erosion Control Sheets X X Quantities & Estimate X X Technical Specifications X X Drainage Report X X * Tasks to complete the structural sheets are provided as an allowance in this proposal in Task 13. These sheets will only be provided if directed by the Town. The need for these sheets is expected to be determined through the geotechnical review and evaluation from Task 4. d. Kimley-Horn will incorporate the Town’s previous review comments and the design preferences determined in Task 4, and submit pre-final construction documents for the Town’s review. Following the pre-final submittal, Kimley-Horn will incorporate any additional review comments from the Town into the final submittal. Kimley-Horn will prepare a tabulation of the review comments along with the proposed resolution for each comment. For any comments that are not incorporated, Kimley-Horn will provide a brief explanation; otherwise, the Town expects all comments to be addressed. Page 5 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 e. All submittals will be submitted in electronic format. The Town will provide reproduction of the drawings and documents for reviews, submittal, and construction phase. Task 10 – Special Provisions and Opinion of Probable Costs Updates a. Kimley-Horn will update the technical special provisions for the pre-final and final design submittals. Technical special provisions will be based on Town and MAG standard specifications and will provide construction information for any items not covered by those standard specifications. b. Kimley-Horn will prepare a detailed opinion of probable cost at each submittal stage. i. Quantities will be presented on the plan sheets and in a separate quantities spreadsheet for the Town using bid item descriptions determined through coordination between the Town and Kimley-Horn. ii. Bid items will be based on the MAG technical specifications and item descriptions, where applicable. Task 11 – Right-of-Way/Easement Legal Descriptions/Exhibits Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize up to two proposed legal descriptions & exhibits. Task 12 – Utility Coordination a. Kimley-Horn will prepare and send utility clearance letters and design plans to the non-Town utilities with the associated plans at the pre-final submittal stage. b. Utility coordination meetings are not included in this proposal. Kimley-Horn Allowances Task 13 – Structural Design Sheets (Allowance) b. This task is provided as an allowance and will only be performed if authorized by the Town. The need for these sheets is expected to be determined through the geotechnical review and evaluation in Task 4. These sheets are anticipated to include retaining wall designs or other design measures to accommodate slope design and slope stability measures as determined from Task 4. c. Structural Design Plans, if authorized by the Town, will be submitted beginning at the Pre-Final Submittal stage. d. The following sheet list is anticipated for the final construction documents:  Structural Note Sheet (1 Sheet)  Structural Detail Sheets (2 Sheets) Page 6 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666  Structural Plan & Profile Sheets (5 Sheets) Subconsultant Services Task 14 – Supplemental Survey (RLF Consulting) a. RLF Consulting will perform the control and topographic survey. RLF’s scope of services is included with this fee proposal in Appendix B. Task 15 – Geotechnical Report (RAMM Engineering) a. RAMM Engineering will finalize their Geotechnical Report as part of this project. RAMM’s scope of services is included with this fee proposal in Appendix C. Services Not Included Any other services, including but not limited to the following, are not included in this Agreement: a. Bid phase or construction phase services b. Environmental services c. Street lighting d. Landscape irrigation or design e. Public information or public involvement f. Construction phasing or traffic control plans g. Land acquisition services such as appraisals, developing offers, etc. h. Off-site drainage analysis or design i. Post design services Information Provided By Client Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project. Schedule Once we have received notice to proceed, we will work with the Town Project Manager to develop a detailed milestone schedule for this project. We will provide design services as expeditiously as practical to complete design by the end of June 2025. APPENDIX A SUMMARY OF COMPENSATION Summary of Consultant's Compensation 11/26/2024 Project Location: Project Description: Shea Blvd Widening: Palisades Blvd to Fountain Hills Blvd Roadway Widening Final Design 1001 W Southern Avenue, Suite 131 Mesa, AZ 85210 CONTRACT LABOR Classification Man Hours Billable Rates Labor Costs Senior Project Manager 15 230.00$ 3,450.00$ Senior Professional/PM 42 215.00$ 9,030.00$ Professional 70 190.00$ 13,300.00$ Analyst 96 170.00$ 16,320.00$ Designer 41 120.00$ 4,920.00$ Admin 12 90.00$ 1,080.00$ Subtotal Contract Labor 48,100.00$ DESIGN ALLOWANCES Classification Man Hours Billable Rates Labor Costs Senior Project Manager 2 230.00$ 460.00$ Senior Professional/PM 13 215.00$ 2,795.00$ Professional 26 190.00$ 4,940.00$ Analyst 41 170.00$ 6,970.00$ Designer 68 120.00$ 8,160.00$ Admin 0 90.00$ -$ Subtotal Design Allowances 23,325.00$ SUBCONSULTANT SERVICES Subconsultant Task Fee RLF Consulting Survey 4,500.00$ RAMM Engineering Geotechnical Investigations 23,966.39$ Subtotal Subconsultant Services 28,466.39$ TOTALS Subtotal Contract Labor 48,100.00$ Subtotal Design Allowances 23,325.00$ Subtotal Contract Fee 71,425.00$ Subtotal Subconsultant Services 28,466.39$ Total Contract Fee & Allowances 99,891.39$ Town of Fountain Hills Shea Blvd Widening (Palisades to Fountain Hills) Fee Proposal Senior Project Manager Senior Professional/ PM Professional Analyst Designer Admin TASK DESCRIPTION SUBTOTAL $ 230.00 $ 215.00 $ 190.00 $ 170.00 $ 120.00 $ 90.00 TASK 1 - PROJECT MANAGEMENT 4,830.00 0 12 9 0 0 6 Contract Management, Internal Meetings, Project Communication, Budget Updates, Schedule Monitoring (6 Months)2,430.00 6 6 Subconsultant Coordination 1,215.00 3 3 Monthly Invoicing and Progress Reports (6 Months)1,185.00 3 6 - TASK 2 - PROJECT MEETINGS 3,380.00 - 6 11 - - - Geotech Review Meeting (1 Mtg) (Includes travel time, attendance, and meeting notes)1,595.00 3 5 Project Meetings (up to 3 Mtgs) (Including preparing agenda, attendance, and meeting notes)1,785.00 3 6 - TASK 3 - DATA COLLECTION 700.00 - - 1 3 - - Supplemental Topographic Survey - See Subconsultant Task 14 - Import Survey and Geotechnical Data 700.00 1 3 TASK 4 - GEOTECHNICAL REVIEW & ALTERNATIVES 8,880.00 - 6 9 24 15 - Alternative Exhibits (Up to 3)5,625.00 3 6 12 15 Alternative Cost Estimates (Up to 3)3,255.00 3 3 12 TASK 5 - ROADWAY DESIGN PLANS UPDATES 8,320.00 0 2 13 22 14 - Roadway Sheet Updates (28 Sheets)5,390.00 7 14 14 QC/QA 810.00 2 2 Roadway Surface Modeling/Earthwork 2,120.00 4 8 - TASK 6 - DRAINAGE DESIGN PLANS 3,430.00 6 2 7 1 1 - Finalize Drainage Report 2,060.00 4 6 Drainage Sheet Updates (2 Sheets)480.00 1 1 1 QA/QC 890.00 2 2 - TASK 7 - SIGNING AND PAVEMENT MARKING DESIGN PLANS UPDATES 2,800.00 1 2 3 5 6 - Update Signing & Marking Sheets (8 Sheets)1,540.00 2 4 4 Update Traffic signal Sheets (2 Sheets)600.00 1 1 2 QA/QC 660.00 1 2 - TASK 8 - SWPPP / EROSION CONTROL PLANS UPDATES 2,490.00 1 2 2 5 5 0 Update SWPPP/Erosion Control Sheets (10 Sheets)1,830.00 2 5 5 QA/QC 660.00 1 2 - TASK 9 - DESIGN REVIEW & SUBMITTALS 3,580.00 5 4 1 6 - 4 Pre-Final Submittal Coordination 520.00 2 2 Final Submittal 520.00 2 2 Quality Control Review 1,780.00 4 4 Summary of Comments and Responses 760.00 1 1 2 - 12/29/20 2 of 3 Town of Fountain Hills Shea Blvd Widening (Palisades to Fountain Hills) Fee Proposal Senior Project Manager Senior Professional/ PM Professional Analyst Designer Admin TASK DESCRIPTION SUBTOTAL $ 230.00 $ 215.00 $ 190.00 $ 170.00 $ 120.00 $ 90.00 TASK 10 - SPECIAL PROVISIONS AND OPINION OF PROBABLE COSTS 3,400.00 - 4 8 6 - - Update Technical Special Provisions 1,870.00 2 4 4 Update Engineer's Opinion of Probable Cost 1,530.00 2 4 2 - TASK 11 - LEGALS & EXHIBITS UPDATES 4,670.00 2 2 2 20 0 - Legal and Exhibits Updates 4,670.00 2 2 2 20 - TASK 12 - UTILITY COORDINATION 1,620.00 0 0 4 4 0 2 Utility Clearance Letters 900.00 2 2 2 General Utility Correspondence 720.00 2 2 - SUBTOTAL DIRECT LABOR (HOURLY NOT TO EXCEED)48,100.00 15 42 70 96 41 12 KIMLEY-HORN ALLOWANCES TASK 13 - STRUCTURAL DESIGN (ALLOWANCE)23,325.00 2 13 26 41 68 0 Structural Note Sheet (1 Sheet)555.00 1 2 Structural Detail Sheets (2 Sheets)2,235.00 1 2 4 8 Structural Plan & Profile Sheets (5 Sheets)16,825.00 5 20 35 50 QA/QC 1,320.00 2 4 Quantities 2,390.00 2 4 10 - SUBTOTAL KIMLEY-HORN ALLOWANCES (HOURLY NOT TO EXCEED)23,325.00 2 13 26 41 68 0 SUBCONSULTANTS TASKS TASK 14 - SUPPLEMENTAL SURVEY (RLF Consultants)4,500.00 Supplemental Control and Topographic Survey 4,500.00 TASK 15 - GEOTECHNICAL INVESTIGATIONS (RAMM)23,966.39 Geotechnical Investigations 23,966.39 SUBTOTAL SUBCONSULTANT SERVICES (HOURLY NOT TO EXCEED)28,466.39 2 13 26 41 68 0 OVERALL CONTRACT TOTAL 99,891.39 12/29/20 3 of 3 APPENDIX B RLF CONSULTING SUPPLEMENTAL SURVEY 2165 W. PECOS RD STE. 5 | CHANDLER, AZ 85224| o. 480.445.9189 | www. rlfconsulting.com 1101 W. Grant Rd. Suite 208 | Tucson, AZ 85705 | o. (520) 230-7753 June 19, 2024 Project: P240218 Shea Boulevard Survey Pick-Ups. Joel Varner, P.E. Kimley-Horn | 1001 W Southern Ave, Suite 131, Mesa, AZ 85210 RLF Consulting is pleased to submit this proposal for Land Surveying Services Our scope and fee are based on the following assumptions: Task 001 – Topographic Survey per Fountain Hills Project Datum ➢Verify horizontal and vertical control ➢Need the south half of the roadway (south median cubing, south edge of pavement, any pavement grade breaks) as well as any top of slope/toe of slope for the grading south of the road. The length is 1,000’ of road in the first segment and 900’ in the second segment ➢Per sheets 2-4 & 9 -11 of the plan set provided by the client ➢Provide site topography to include contours at 1-foot intervals, with finish floors, spot elevations at critical locations (i.e., high points, low points, at top and bottom of curb line, edge of pavement, etc.). ➢Locate existing planimetric features and visible utilities to include sewer manholes, water valves, grates, inlets, and other features as observed Project deliverables- o 2D/3D CAD Basemap in Civil 3D format. | DTM Surface in Civil 3D format. | xml surface data | Georeferenced Ortho Image ASCII Point Files | Sealed Topographic Survey sheet and Control Meta data Proposed Fee Task 001 – Topographic Survey Fee……………………………….………………………………. $4,500.00 NOTES: ▪The following services, if required, will be provided upon separate written authorization by the Client at cost plus and or time and materials. Title reports and/or mapping of additional documents |Property Descriptions and exhibits| Mailings & printings | Agency related fees | Additional Land Surveying items Sincerely, RLF CONSULTING, LLC Mike Fondren PLS 2165 W. PECOS RD STE. 5 | CHANDLER, AZ 85224 1101 W. Grant Rd. Suite 208 | Tucson, AZ 85705 D. (480)719.7196 | Main. (480) 445.9189 o. (520) 230-7753 | c. (480) 550-2649 WWW.RLFCONSULTING.COM APPENDIX C RAMM GEOTECHNICAL INVESTIGATIONS 1 Contract No. 2025-053 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY-HORN AND ASSOCIATES, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Kimley-Horn and Associates, Inc., a North Carolina corporation (the “Consultant”). RECITALS A. The Consultant is the engineering design firm of record for the “Shea Boulevard Widening Project”. B. The Consultant possesses the historical knowledge of the project, specific skills, and project specific experience required to provide the Town with continued engineering design services related to the “Shea Boulevard Widening Project” (the “Services”). C. The Town desires to enter into an Agreement with the Consultant to perform the Services, more particularly set forth in Section 2 below. 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. Term of Agreement. This Agreement shall be effective as of execution and attested to by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall remain in full force and effect until December 31, 2025 (the “Initial Term”). 2. Scope of Work. Consultant shall provide the Services as set forth in the Proposal attached hereto as Exhibit A , with the associated fees contained therein, and incorporated herein by reference. 3. Compensation. The Town shall pay the Consultant an aggregate amount not to exceed $99,891.39 (including all renewals). 4. Payments. The Town shall pay the Consultant monthly (and the Consultant shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in 2 sufficient detail to justify payment. All invoices and statements shall be emailed to accountspayable@fountainhillsaz.gov. This Agreement must be referenced on all invoices. Town Finance will not disburse any payments to Consultants without a valid business license, as applicable. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant’s performance. The Consultant shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. The Town has no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Consultant. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of 3 insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Consultant’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured; the Town’s insurance shall be non-contributory. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 4 G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Consultant’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: 5 (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Consultant’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Consultant shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. 6 B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the 7 defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Consultant an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Consultant fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Consultant shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant acknowledges and agrees that the 8 Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Consultant, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Consultant, its employees or subcontractors. The Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements as agreed in Section 2 above and in Exhibit A. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 9 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been 10 duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Rachael Goodwin, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Kimley-Horn and Associates, Inc. 1661 E. Camelback Rd., Suite 400 Phoenix, Arizona 85016 Attn: Joel Varner, PE or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant’s duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant and its subcontractors are complying with the warranty under subsection 13.17 below, Consultant’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to 11 audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Consultant’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Consultant pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Consultant’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 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. 13.20 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 12 13.21 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES APPEAR ON FOLLOWING PAGES] [THIS PAGE LEFT BLANK INTENTIONALLY] EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY-HORN AND ASSOCIATES, INC. [Scope and Fee Schedule] See following pages. kimley-horn.com 1661 East Camelback Road, Suite 400, Phoenix, AZ 85016 602 944 5500 November 26, 2024 Justin Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of Fountain Hills Fountain Hills, Arizona 85268 RE: Scope of Work and Design Fee Proposal Shea Boulevard Widening Final Design – Palisades Boulevard to Fountain Hills Boulevard Town Project No. S6058 Dear Justin, Kimley-Horn is pleased to submit this scope and fee proposal to perform professional design consulting services for the Town of Fountain Hills to finalize the design for the widening of Shea Boulevard from Palisades Boulevard to Fountain Hills Boulevard. This proposal includes services to review the recent geotechnical evaluation findings and finalize the final design plans, specifications, and cost estimates for the roadway improvements. Kimley-Horn’s base design services are an hourly not-to-exceed total of $48,100.00. We have included subconsultant design fees in the not-to-exceed amount of $28,466.39. Kimley-Horn allowances are included as an hourly not-to-exceed amount of $23,325.00. The total not-to-exceed contract amount to perform the scope of services detailed in this document is $99,891.39. We trust that you will find our submittal in order. Should you have any questions or need additional information, please contact me at 602-906-1188 or Joel.Varner@kimley-horn.com. Very truly yours, KIMLEY-HORN Joel Varner, P.E. Project Manager Enclosures kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 TOWN OF FOUNTAIN HILLS SHEA BOULEVARD WIDENING PALISADES BOULEVARD TO FOUNTAIN HILLS BOULEVARD TOWN PROJECT NO. S6058 SCOPE OF SERVICES Prepared November 26, 2024 Project Understanding This contract consists of finalizing the design for improvements along the Shea Boulevard corridor from Palisades Boulevard to Fountain Hills Boulevard for the Town of Fountain Hills (Town). A previous Basis of Design Report was completed to evaluate improvements within the project limits. Using this report as a basis for the design, the Town requested Kimley- Horn prepare the final design plans and most recently submitted 100% non-sealed plans in November 2022. The final design was paused to evaluate some geotechnical concerns regarding fill slopes within the project limits before finalizing and sealing the plans. RAMM Engineering recently completed additional geotechnical investigations of the fill slopes in question. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1: Project Management a. Project management includes contract management and internal meetings with staff. This task coordinates and administers the day-to-day operations of the project, including organizing and filing project data and communication files, responding to project correspondence including emails and phone calls, performance of monthly budget updates, and schedule monitoring. This task also includes the management of sub-consultants, and interfacing and communication determined to be reasonably necessary to keep stakeholders informed. b. This task includes the preparation of monthly invoices to the Town for services performed. Kimley-Horn will provide a monthly project progress report that will be included in the invoice package. The monthly project progress report will be submitted to the Town Project Manager. c. This proposal assumes up to 6 months of project management. Task 2 – Project Meetings a. Kimley-Horn will attend one (1) Geotechnical Review Meeting. This meeting will be held at the Town’s offices and the purpose will be to review the findings from Page 2 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 RAMM’s Geotechnical report and discuss potential options to address the fill slope concerns within the project limits. Kimley-Horn will be responsible for preparing notes from the meeting and distribute the notes to attendees. b. Kimley-Horn will attend up to three (3) additional project meetings. These meetings may be in the form of general progress meetings, over-the-shoulder review meetings, or comment resolution meetings. Meetings will be held virtually and will be scheduled at the request of the Town. Kimley-Horn will be responsible for preparing the meeting agenda, sign-in sheet, presentation, handout material, attending and facilitating the meeting, and submitting notes of the meeting to the Town. Task 3 – Data Collection a. Kimley-Horn’s subconsultant, RLF Consulting, will obtain additional survey of the fill slopes in question. Kimley-Horn will use this information to verify design limits. RLF Consulting’s scope of services is included in Appendix C. b. Kimley-Horn will import received data from subconsultants including topographic survey and geotechnical information. Task 4 – Geotechnical Review and Alternatives a. Kimley-Horn will review the findings from RAMM’s geotechnical report, coordinate with the Town, and develop design alternatives to address the fill slope concerns. b. Kimley-Horn will provide up to three (3) alternative exhibits, along with accompanying cost estimates for each alternative, for the Town’s review. Kimley-Horn will implement the preferred design alternative into the final design plans. Final Design Plans Kimley-Horn to provide Final Design services which will consist of the following: a. Using the recommendations from the Basis of Design Report, and the preferred alternative determined from Task 4, Kimley-Horn will prepare Final Design construction documents. This contract consists of the following submittals: i. Pre-Final (Non-Sealed) Construction Plans, Specifications, and Cost Estimates ii. Final (Sealed) Construction Plans, Specifications, and Cost Estimates b. The following is the anticipated drawing sheet count for the project: Sheet Description # of Sheets Cover Sheet 1 General Notes, Legend, and Abbreviations Sheet 1 Geometric Control Sheet 1 Typical Section Sheet 1 Roadway Detail Sheet 1 Shea Blvd Paving Plan Sheets (1” = 20’ Scale) 11 Page 3 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 Sheet Description # of Sheets Shea Blvd Paving Profile Sheets (1” = 20’ Scale) (1” = 2’ Vert) 11 Sidewalk Ramp Detail Sheet 1 Structural Note Sheet (New Sheet)* 1 Structural Detail Sheets (New Sheets)* 2 Structural Plan & Profile Sheets (New Sheets)* 5 Storm Drain Lateral Profile Sheets 2 General Signing and Pavement Marking Notes/Legend Sheet 1 Shea Blvd Pavement Marking & Signing Plan Sheets (Double Stacked) (1"=20' Scale) 7 Shea Blvd & Palisades Blvd Traffic Signal Improvement Sheets 2 SWPPP/Erosion Control Plans 10 Total Sheets 50 (58*) * Tasks to complete the structural sheets are provided as an allowance in this proposal in Task 13. These sheets will only be provided if directed by the Town. The need for these sheets is expected to be determined through the geotechnical review and evaluation from Task 4. Task 5 – Roadway Design Plan Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the roadway design plans. b. Kimley-Horn will update the roadway design base map based on the preferred design alternatives determined in Task 4. c. Kimley-Horn will update the 3D finished grade surface in AutoCAD to determine the extent of cut and fill limits, as well as earthwork quantities, based on the results of the new topographic survey and design updates determined in Task 4. Task 6 – Drainage Design Plan Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the drainage design plans and drainage report. Task 7 – Signing & Pavement Marking and Traffic Signal Design Plan Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the signing and pavement marking design plans. b. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the traffic signal design plans. Page 4 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 Task 8 – SWPPP/Erosion Control Plan Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize the SWPPP/erosion control plans. Task 9 – Design Review & Submittals a. The following submittals are included as a part of this contract: i. Pre-final Construction Documents ii. Final Bid Documents b. Prior to each submittal, Kimley-Horn will perform internal quality control reviews. c. The following items will be submitted at each submittal stage: Pre-Final Final Cover Sheet X X General Notes Sheet X X Geometric Control Sheet X X Typical Section Sheets X X Roadway Detail Sheet X X Paving Plan & Profile Sheets X X Sidewalk Ramp Detail Sheets X X Structural Design Sheets* X X Catch Basin Lateral Profile Sheets X X Drainage Detail Sheets X X Signing/Pavement Marking Sheets X X SWPPP & Erosion Control Sheets X X Quantities & Estimate X X Technical Specifications X X Drainage Report X X * Tasks to complete the structural sheets are provided as an allowance in this proposal in Task 13. These sheets will only be provided if directed by the Town. The need for these sheets is expected to be determined through the geotechnical review and evaluation from Task 4. d. Kimley-Horn will incorporate the Town’s previous review comments and the design preferences determined in Task 4, and submit pre-final construction documents for the Town’s review. Following the pre-final submittal, Kimley-Horn will incorporate any additional review comments from the Town into the final submittal. Kimley-Horn will prepare a tabulation of the review comments along with the proposed resolution for each comment. For any comments that are not incorporated, Kimley-Horn will provide a brief explanation; otherwise, the Town expects all comments to be addressed. Page 5 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666 e. All submittals will be submitted in electronic format. The Town will provide reproduction of the drawings and documents for reviews, submittal, and construction phase. Task 10 – Special Provisions and Opinion of Probable Costs Updates a. Kimley-Horn will update the technical special provisions for the pre-final and final design submittals. Technical special provisions will be based on Town and MAG standard specifications and will provide construction information for any items not covered by those standard specifications. b. Kimley-Horn will prepare a detailed opinion of probable cost at each submittal stage. i. Quantities will be presented on the plan sheets and in a separate quantities spreadsheet for the Town using bid item descriptions determined through coordination between the Town and Kimley-Horn. ii. Bid items will be based on the MAG technical specifications and item descriptions, where applicable. Task 11 – Right-of-Way/Easement Legal Descriptions/Exhibits Updates a. Following the determination of the preferred design alternatives from Task 4, Kimley- Horn will update and finalize up to two proposed legal descriptions & exhibits. Task 12 – Utility Coordination a. Kimley-Horn will prepare and send utility clearance letters and design plans to the non-Town utilities with the associated plans at the pre-final submittal stage. b. Utility coordination meetings are not included in this proposal. Kimley-Horn Allowances Task 13 – Structural Design Sheets (Allowance) b. This task is provided as an allowance and will only be performed if authorized by the Town. The need for these sheets is expected to be determined through the geotechnical review and evaluation in Task 4. These sheets are anticipated to include retaining wall designs or other design measures to accommodate slope design and slope stability measures as determined from Task 4. c. Structural Design Plans, if authorized by the Town, will be submitted beginning at the Pre-Final Submittal stage. d. The following sheet list is anticipated for the final construction documents:  Structural Note Sheet (1 Sheet)  Structural Detail Sheets (2 Sheets) Page 6 kimley-horn.com 1001 W Southern Avenue, Suite 131, Mesa, AZ 85210 480 207 2666  Structural Plan & Profile Sheets (5 Sheets) Subconsultant Services Task 14 – Supplemental Survey (RLF Consulting) a. RLF Consulting will perform the control and topographic survey. RLF’s scope of services is included with this fee proposal in Appendix B. Task 15 – Geotechnical Report (RAMM Engineering) a. RAMM Engineering will finalize their Geotechnical Report as part of this project. RAMM’s scope of services is included with this fee proposal in Appendix C. Services Not Included Any other services, including but not limited to the following, are not included in this Agreement: a. Bid phase or construction phase services b. Environmental services c. Street lighting d. Landscape irrigation or design e. Public information or public involvement f. Construction phasing or traffic control plans g. Land acquisition services such as appraisals, developing offers, etc. h. Off-site drainage analysis or design i. Post design services Information Provided By Client Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project. Schedule Once we have received notice to proceed, we will work with the Town Project Manager to develop a detailed milestone schedule for this project. We will provide design services as expeditiously as practical to complete design by the end of June 2025. APPENDIX A SUMMARY OF COMPENSATION Summary of Consultant's Compensation 11/26/2024 Project Location: Project Description: Shea Blvd Widening: Palisades Blvd to Fountain Hills Blvd Roadway Widening Final Design 1001 W Southern Avenue, Suite 131 Mesa, AZ 85210 CONTRACT LABOR Classification Man Hours Billable Rates Labor Costs Senior Project Manager 15 230.00$ 3,450.00$ Senior Professional/PM 42 215.00$ 9,030.00$ Professional 70 190.00$ 13,300.00$ Analyst 96 170.00$ 16,320.00$ Designer 41 120.00$ 4,920.00$ Admin 12 90.00$ 1,080.00$ Subtotal Contract Labor 48,100.00$ DESIGN ALLOWANCES Classification Man Hours Billable Rates Labor Costs Senior Project Manager 2 230.00$ 460.00$ Senior Professional/PM 13 215.00$ 2,795.00$ Professional 26 190.00$ 4,940.00$ Analyst 41 170.00$ 6,970.00$ Designer 68 120.00$ 8,160.00$ Admin 0 90.00$ -$ Subtotal Design Allowances 23,325.00$ SUBCONSULTANT SERVICES Subconsultant Task Fee RLF Consulting Survey 4,500.00$ RAMM Engineering Geotechnical Investigations 23,966.39$ Subtotal Subconsultant Services 28,466.39$ TOTALS Subtotal Contract Labor 48,100.00$ Subtotal Design Allowances 23,325.00$ Subtotal Contract Fee 71,425.00$ Subtotal Subconsultant Services 28,466.39$ Total Contract Fee & Allowances 99,891.39$ Town of Fountain Hills Shea Blvd Widening (Palisades to Fountain Hills) Fee Proposal Senior Project Manager Senior Professional/ PM Professional Analyst Designer Admin TASK DESCRIPTION SUBTOTAL $ 230.00 $ 215.00 $ 190.00 $ 170.00 $ 120.00 $ 90.00 TASK 1 - PROJECT MANAGEMENT 4,830.00 0 12 9 0 0 6 Contract Management, Internal Meetings, Project Communication, Budget Updates, Schedule Monitoring (6 Months)2,430.00 6 6 Subconsultant Coordination 1,215.00 3 3 Monthly Invoicing and Progress Reports (6 Months)1,185.00 3 6 - TASK 2 - PROJECT MEETINGS 3,380.00 - 6 11 - - - Geotech Review Meeting (1 Mtg) (Includes travel time, attendance, and meeting notes)1,595.00 3 5 Project Meetings (up to 3 Mtgs) (Including preparing agenda, attendance, and meeting notes)1,785.00 3 6 - TASK 3 - DATA COLLECTION 700.00 - - 1 3 - - Supplemental Topographic Survey - See Subconsultant Task 14 - Import Survey and Geotechnical Data 700.00 1 3 TASK 4 - GEOTECHNICAL REVIEW & ALTERNATIVES 8,880.00 - 6 9 24 15 - Alternative Exhibits (Up to 3)5,625.00 3 6 12 15 Alternative Cost Estimates (Up to 3)3,255.00 3 3 12 TASK 5 - ROADWAY DESIGN PLANS UPDATES 8,320.00 0 2 13 22 14 - Roadway Sheet Updates (28 Sheets)5,390.00 7 14 14 QC/QA 810.00 2 2 Roadway Surface Modeling/Earthwork 2,120.00 4 8 - TASK 6 - DRAINAGE DESIGN PLANS 3,430.00 6 2 7 1 1 - Finalize Drainage Report 2,060.00 4 6 Drainage Sheet Updates (2 Sheets)480.00 1 1 1 QA/QC 890.00 2 2 - TASK 7 - SIGNING AND PAVEMENT MARKING DESIGN PLANS UPDATES 2,800.00 1 2 3 5 6 - Update Signing & Marking Sheets (8 Sheets)1,540.00 2 4 4 Update Traffic signal Sheets (2 Sheets)600.00 1 1 2 QA/QC 660.00 1 2 - TASK 8 - SWPPP / EROSION CONTROL PLANS UPDATES 2,490.00 1 2 2 5 5 0 Update SWPPP/Erosion Control Sheets (10 Sheets)1,830.00 2 5 5 QA/QC 660.00 1 2 - TASK 9 - DESIGN REVIEW & SUBMITTALS 3,580.00 5 4 1 6 - 4 Pre-Final Submittal Coordination 520.00 2 2 Final Submittal 520.00 2 2 Quality Control Review 1,780.00 4 4 Summary of Comments and Responses 760.00 1 1 2 - 12/29/20 2 of 3 Town of Fountain Hills Shea Blvd Widening (Palisades to Fountain Hills) Fee Proposal Senior Project Manager Senior Professional/ PM Professional Analyst Designer Admin TASK DESCRIPTION SUBTOTAL $ 230.00 $ 215.00 $ 190.00 $ 170.00 $ 120.00 $ 90.00 TASK 10 - SPECIAL PROVISIONS AND OPINION OF PROBABLE COSTS 3,400.00 - 4 8 6 - - Update Technical Special Provisions 1,870.00 2 4 4 Update Engineer's Opinion of Probable Cost 1,530.00 2 4 2 - TASK 11 - LEGALS & EXHIBITS UPDATES 4,670.00 2 2 2 20 0 - Legal and Exhibits Updates 4,670.00 2 2 2 20 - TASK 12 - UTILITY COORDINATION 1,620.00 0 0 4 4 0 2 Utility Clearance Letters 900.00 2 2 2 General Utility Correspondence 720.00 2 2 - SUBTOTAL DIRECT LABOR (HOURLY NOT TO EXCEED)48,100.00 15 42 70 96 41 12 KIMLEY-HORN ALLOWANCES TASK 13 - STRUCTURAL DESIGN (ALLOWANCE)23,325.00 2 13 26 41 68 0 Structural Note Sheet (1 Sheet)555.00 1 2 Structural Detail Sheets (2 Sheets)2,235.00 1 2 4 8 Structural Plan & Profile Sheets (5 Sheets)16,825.00 5 20 35 50 QA/QC 1,320.00 2 4 Quantities 2,390.00 2 4 10 - SUBTOTAL KIMLEY-HORN ALLOWANCES (HOURLY NOT TO EXCEED)23,325.00 2 13 26 41 68 0 SUBCONSULTANTS TASKS TASK 14 - SUPPLEMENTAL SURVEY (RLF Consultants)4,500.00 Supplemental Control and Topographic Survey 4,500.00 TASK 15 - GEOTECHNICAL INVESTIGATIONS (RAMM)23,966.39 Geotechnical Investigations 23,966.39 SUBTOTAL SUBCONSULTANT SERVICES (HOURLY NOT TO EXCEED)28,466.39 2 13 26 41 68 0 OVERALL CONTRACT TOTAL 99,891.39 12/29/20 3 of 3 APPENDIX B RLF CONSULTING SUPPLEMENTAL SURVEY 2165 W. PECOS RD STE. 5 | CHANDLER, AZ 85224| o. 480.445.9189 | www. rlfconsulting.com 1101 W. Grant Rd. Suite 208 | Tucson, AZ 85705 | o. (520) 230-7753 June 19, 2024 Project: P240218 Shea Boulevard Survey Pick-Ups. Joel Varner, P.E. Kimley-Horn | 1001 W Southern Ave, Suite 131, Mesa, AZ 85210 RLF Consulting is pleased to submit this proposal for Land Surveying Services Our scope and fee are based on the following assumptions: Task 001 – Topographic Survey per Fountain Hills Project Datum ➢Verify horizontal and vertical control ➢Need the south half of the roadway (south median cubing, south edge of pavement, any pavement grade breaks) as well as any top of slope/toe of slope for the grading south of the road. The length is 1,000’ of road in the first segment and 900’ in the second segment ➢Per sheets 2-4 & 9 -11 of the plan set provided by the client ➢Provide site topography to include contours at 1-foot intervals, with finish floors, spot elevations at critical locations (i.e., high points, low points, at top and bottom of curb line, edge of pavement, etc.). ➢Locate existing planimetric features and visible utilities to include sewer manholes, water valves, grates, inlets, and other features as observed Project deliverables- o 2D/3D CAD Basemap in Civil 3D format. | DTM Surface in Civil 3D format. | xml surface data | Georeferenced Ortho Image ASCII Point Files | Sealed Topographic Survey sheet and Control Meta data Proposed Fee Task 001 – Topographic Survey Fee……………………………….………………………………. $4,500.00 NOTES: ▪The following services, if required, will be provided upon separate written authorization by the Client at cost plus and or time and materials. Title reports and/or mapping of additional documents |Property Descriptions and exhibits| Mailings & printings | Agency related fees | Additional Land Surveying items Sincerely, RLF CONSULTING, LLC Mike Fondren PLS 2165 W. PECOS RD STE. 5 | CHANDLER, AZ 85224 1101 W. Grant Rd. Suite 208 | Tucson, AZ 85705 D. (480)719.7196 | Main. (480) 445.9189 o. (520) 230-7753 | c. (480) 550-2649 WWW.RLFCONSULTING.COM APPENDIX C RAMM GEOTECHNICAL INVESTIGATIONS ITEM 8. I. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/21/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving Amendment # 1 to Professional Services Agreement 2025-030 with Top Leaf Tree Services, LLC for wash maintenance. Staff Summary (Background) Background: On October 1, 2024, the Town Council approved a contract with Top Leaf Tree Services in the amount not to exceed $210,000 annually for Dam, Drainage Parcel, and Wash Maintenance. Since that time, the progress on Wash Maintenance has been significantly faster than anticipated, and the need for continued work has become more pressing as we approach the high-risk wildfire and flood seasons. Current Situation: As of December 31, 2024, the contract has reached its maximum expenditure limit of $210,000. During the Public Works Director's Quarterly Update on December 17, 2024, it was noted that the progress made on wash maintenance was well beyond expectations, and additional work was required to meet the demands of upcoming seasonal risks. Therefore, staff are requesting an increase in the contract amount to $350,000 annually. This increase of $140,000 will allow the Town to continue its critical Dam, Drainage Parcel, and Wash Maintenance activities, including expanding the scope to cover additional washes and more extensive maintenance in preparation for the dry, hot summer season. Justification for the Increase The washes owned by the Town are invaluable natural resources that significantly contribute to the quality of life for residents. These areas provide groundwater recharge, support wildlife habitat, and offer essential open spaces. They are integral to the Town’s Sonoran Desert heritage and legacy, contributing to the natural beauty and environmental stability of the region. The initial contract of $210,000 annually was anticipated to cover a baseline level of maintenance, focused on key washes and drainage parcels. However, the rapid progress made in the early stages of the contract, coupled with evolving conditions such as higher-than-expected vegetation growth and seasonal risk factors, necessitate additional resources to maintain and enhance these efforts. In light of these developments, staff recommends increasing the contract to $350,000 annually to fully address the urgent needs of the maintenance program and ensure public safety. The additional funds address the urgent needs of the maintenance program and ensure public safety. The additional funds will allow for: Expanding wash maintenance coverage to include more washes that are currently at risk of overgrowth and flooding. Intensifying fire mitigation efforts in anticipation of the wildfire season. Ensuring continued compliance with EPA Best Management Practices (BMPs), which include sediment basins, storm drain maintenance, and erosion control efforts. Resolution No. 2001-33 and Long-Term Management Goals Resolution No. 2001-33, adopted by the Mayor and Council in June 2001, established a comprehensive policy for the management and maintenance of Town-owned washes and dams. This resolution advocates a holistic approach, including: Vegetation management Channelization for flood control Fire mitigation strategies Erosion control Hazard reduction Additionally, the Town's commitment to maintaining compliance with federal standards, such as the EPA’s permit and BMP requirements, ensures that the maintenance efforts remain aligned with environmental protection goals. The request for an increased contract amount aligns with these long-term goals, ensuring that maintenance remains proactive and consistent with evolving needs in wash management. Regular, increased funding will allow the Town to remain resilient in the face of environmental changes while preserving the valuable ecological, hydrological, and recreational assets that the washes represent. Wildfire Mitigation and Public Safety The additional funding will be crucial for meeting one of the highest priorities for wash maintenance—wildfire prevention. Overgrown vegetation in the washes, particularly during dry periods, can become highly flammable and contribute to the spread of wildfires. The Town has seen this risk grow in recent years, as hotter, drier conditions increase the likelihood of wildfires during the summer months. The contract increase will allow for more frequent and extensive vegetation clearing, debris removal, and the creation of firebreaks in key areas. These efforts will help reduce the overall fuel load in the washes, lowering the risk of wildfires starting or spreading. Moreover, well-maintained washes can act as natural barriers, slowing the spread of fires and providing firefighters with better access for suppression efforts. By expanding the scope of work, the Town will be better prepared to manage the heightened risks of both flooding and wildfires, ensuring the safety of residents, property, and the local ecosystem. Conclusion The requested increase in the contract amount from $210,000 to $350,000 annually is essential to ensure the continuation of Dam, Drainage Parcel, and Wash Maintenance efforts.These activities not only contribute to flood control, erosion management, and habitat preservation but also provide crucial wildfire mitigation services that directly enhance public safety. The additional funding will allow for the expansion of these services, ensuring that the Town is well-prepared for the upcoming summer season and any associated risks. If approved, these expenditures will be paid out of the Public Works budget in the General Fund, which will require a budget transfer from the General Fund contingency. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement, Resolution No. 2001-33, Environmental Protection Agency (EPA) Permit Risk Analysis It is prudent for the Town staff to proactively identify and prevent risks and damage. Funding for wash and dam maintenance activities not only contributes to flood control, erosion management, and habitat preservation but also provides crucial wildfire mitigation services that directly enhance public safety. Deferring these efforts increases town risk and potentially increases costs for later efforts. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) It is recommended that the Town Council approve an increase in the existing contract with Top Leaf Tree Services from $210,000 to $350,000 annually for the continuation of Dam, Drainage Parcel, and Wash Maintenance. SUGGESTED MOTION MOVE to approve amendment #1 to Professional Services Agreement 2025-030 with Top Leaf TreeServices LLC, in the amount of $350,000 annually, and any associated budget transfers. Fiscal Impact Fiscal Impact:$140,000 Budget Reference:FY 25 Budget Funding Source:Previously Environmental Fund; General Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:Yes Attachments PROFESSIONAL SERVICES AGREEMENT Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 01/07/2025 01:11 PM Town Attorney Aaron D. Arnson 01/09/2025 02:00 PM Town Manager Rachael Goodwin 01/10/2025 11:29 AM Form Started By: Justin Weldy Started On: 01/06/2025 03:46 PM Final Approval Date: 01/10/2025 1 Contract No. 2025-030.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TOP LEAF TREE SERVICE LLC 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 Top Leaf Tree Service, Inc., an Arizona limited liability company (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated October 14, 2024, for the Consultant to provide “Dam, drainage parcel, and wash maintenance” (the “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 amount of the Agreement and set an annual dollar amount not to be exceeded with the Consultant for Services. C. The Town and the Consultant desire to enter this First Amendment to amend the Agreement to provide compensation to the Consultant for the 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 aggregate amount not to exceed $1,540,000 for the Services. The annual amount of the Agreement shall not exceed $350,000. All remaining terms and conditions of the Agreement shall remain in full force and effect. 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. 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]