HomeMy WebLinkAbout2025.0902.TCRM.PACKET
NOTICE OF MEETING
REGULAR MEETING
TOWN COUNCIL
Mayor Gerry M. Friedel
Vice Mayor Allen Skillicorn
Councilmember Gayle Earle
Councilmember Brenda J. Kalivianakis
Councilmember Hannah Larrabee
Councilmember Peggy McMahon
Councilmember Rick Watts
TIME:
WHEN:
WHERE:
5:30 PM - REGULAR MEETING
DOORS OPEN 15 MINUTES PRIOR TO THE START OF THE MEETING.
TUESDAY, SEPTEMBER 2, 2025
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a
quorum of the Town’s various Commission, Committee or Board members may be in attendance at the
Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions,
parents have a right to consent before the State or any of its political subdivisions make a video or audio
recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result,
proceedings in which children are present may be subject to such recording. Parents, in order to exercise
their rights may either file written consent with the Town Clerk to such recording, or take personal action to
ensure that their child or children are not present when a recording may be made. If a child is present at the
time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-
602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO 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 no later than 12:00 PM on the day prior to 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).
Meeting Packet Page 1 of 488
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. INVOCATION
a. INVOCATOR: Mojgan Talaei, with Baha'is of Fountain Hills
3. ROLL CALL
4. STATEMENT OF PARTICIPATION
5. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
a. RECOGNITION: Mayor's Citizen Award - Julie Jones and Konlin Jones
b. PROCLAMATION: September as Ovarian Cancer Awareness Month
6. PRESENTATIONS
a. PRESENTATION: FY25 Public Works Annual Update
b. PRESENTATION: Fourth Quarter and Fiscal Year 2025 Revenue Update – Local Sales
Tax and State Shared Revenues
7. CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during Call to the Public unless the matters are properly noticed for discussion and legal action. At the
conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter, or (iii) ask that the matter be placed on a future Council agenda.
8. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
a. CONSIDERATION AND POSSIBLE ACTION: Approving the minutes of the Town Council
Regular/Special Session of June 3, 2025, Town Council Work Session of June 3, 2025,
Town Council Regular Session of June 17, 2025, and Town Council Special Session of
August 5, 2025.
b. CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2025-19, Abandoning an
Existing Access Easement Adjacent to 16607 N Paradox Drive and Authorizing Execution of a New
Access Easement
c. CONSIDERATION AND POSSIBLE ACTION: Relating to direction given to staff in
Executive Session to proceed as discussed regarding the potential acquisition of
downtown property.
9. REGULAR AGENDA
Meeting Packet Page 2 of 488
a. PUBLIC HEARING, WITH CONSIDERATION AND POSSIBLE ACTION: Relating to
Ordinance 25-02, amending the Fountain Hills Zoning Ordinance to add Chapter 27,
Downtown Overlay District.
b. CONSIDERATION AND POSSIBLE ACTION: Relating to an extension of the building
permits approved for Phases II and III of the Park Place development utilizing the
2018 Building Codes
c. PUBLIC HEARING WITH CONSIDERATION AND POSSIBLE ACTION: Relating to
Ordinance 25-08 amending Zoning Ordinance Chapter 6, Section 6.08, regarding
regulations for various types of signs.
d. CONSIDERATION AND POSSIBLE ACTION: Related to future Pavement Management
planning and funding.
e. CONSIDERATION AND POSSIBLE ACTION: Relating to Phase II of Capital
Improvement Project D6057, Golden Eagle Impoundment.
f. CONSIDERATION AND POSSIBLE ACTION: Relating to Amendment NO. 3 to
Professional Services Agreement 2025-030 with Top Leaf Tree Services
g. CONSIDERATION AND POSSIBLE ACTION: Relating to ratification of Town Attorney
contract.
h. DISCUSSION AND POSSIBLE ACTION: Relating to the Travel Policy for Mayor &
Council Members
10. COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
11. FUTURE AGENDA ITEMS
12. ADJOURNMENT
Dated this 26 day of August, 2025.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call (480) 816-5100 (voice) or (800) 367-
8939 (TDD) 48-hours prior to the meeting to request reasonable accommodation to participate in the meeting or to obtain agenda information in large
print format. Supporting documentation and staff reports furnished to the Council with this agenda are available for review in the Clerk's Office.
Meeting Packet Page 3 of 488
ITEM 5.a.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Town Clerk
Prepared by: Angela Espiritu, Executive Assistant/Deputy Town Clerk
Staff Contact Information: Phone: 480-816-5107
Email: aespiritu@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
RECOGNITION: Mayor's Citizen Award - Julie Jones and Konlin Jones Staff Summary (background)
Mayor Friedel will present Julie Jones and Konlin Jones with a Citizen Award in recognition of
their extraordinary generosity, compassion, and dedication to our community. Their selfless
act of donating and installing a new air conditioning unit for residents in need exemplifies
the true spirit of Fountain Hills—where neighbors support one another with integrity,
kindness, and heart. We thank them for being a shining example of what makes our town
exceptional. 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
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
None
Meeting Packet Page 4 of 488
ITEM 5.b.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Town Clerk
Prepared by: Angela Espiritu, Executive Assistant/Deputy Town Clerk
Staff Contact Information: Phone: 480-816-5107
Email: aespiritu@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
PROCLAMATION: September as Ovarian Cancer Awareness Month Staff Summary (background)
September 2025 is Ovarian Cancer Awareness Month in the Town of Fountain Hills, Arizona.
Recognizing that ovarian cancer is the fifth leading cause of cancer-related death among
women—with no reliable early detection test and most cases diagnosed in late stages—the
Town joins survivors, families, caregivers, and healthcare professionals in raising awareness,
promoting education, and fostering hope for earlier diagnoses, improved treatments, and a
cure. The Great Fountain will be lit teal, and all residents are encouraged to participate in
awareness activities, wear teal, and engage in conversations that help save lives and support
those affected.
Mayor Friedel will proclaim the month of September as Ovarian Cancer Awareness Month. 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
PRESENTATION:
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. Signed Ovarian Cancer Awareness Month Proclamation - September 2025
Meeting Packet Page 5 of 488
Meeting Packet Page 6 of 488
Presented by
Justin T. Weldy, Public Works Director
CIP Council Meeting
September 02, 2025
FY25 Public Works
Annual Update
Meeting Packet Page 7 of 488
Public Works
FY 2025
Capital Projects
2Meeting Packet Page 8 of 488
S6065 – Sidewalk Gap Infill, Palisades and Saguaro
Federal Grant – Project Complete
FY 24 & 25
Total Project Cost - $4,238,079
Fed Share - $3,510,821
Town Share - $727,258 3
FY 25
Budget - $200,000
Expended $28,324
Meeting Packet Page 9 of 488
S6061 Sidewalk Infill and Design
Design/Construction $300,000 (Multi-Year)
4
Tioga Dr SW- Complete
Eagle Mountain Pkwy SW & Mid-Block Crosswalk – Complete
La Montana SW at Basha’s – Completed in FY26
FY25 Budget Expended $297,424
Meeting Packet Page 10 of 488
S6068 – Town wide Guardrail replacement
$85,000 CIP (Multi-Year)
Materials Purchased and Construction
Started in FY25
FY25 Budget Expended $75,292
5Meeting Packet Page 11 of 488
Pedestrian Marked Crosswalks – Town-Wide
$150,000 (Multi-Year)
6
Crosswalks Locations Completed:
CIP Other Locations
Locations Palisades & Verde River Saguaro & Hamilton Dr
Saguaro & Gunsight Saguaro & Ibsen Dr
Saguaro & Parkview Saguaro & Pepperwood Cir
Saguaro & Paul Nordin Saguaro & Boxwood Ln
Saguaro & Kingstree Saguaro & Sterling Way
Saguaro & La Montana Saguaro & Courtside Dr
FY25 CIP Budget Expended $148,687 Saguaro & Sherwood Dr
Saguaro & Lamplighter Way
Saguaro & Kiwanis
Verde River Dr & Parkview
Palisades & Westby Dr
Palisades & Almont Dr
Meeting Packet Page 12 of 488
D6060 Town Wide Storm Water Infrastructure Rehabilitation
$150,000 (Multi-Year)
7
FY2025 Locations:
Wendover Court Drainage Channel
Construction started in FY25
Completed in FY26
Westridge Scupper – Completed in FY25
FY25 Budget Expended $142,394
Meeting Packet Page 13 of 488
S6058 – Shea Boulevard Widening
South Side Between Palisades Blvd & FHBLVD
State Funding (Prop 400) (Multi-Year)Total Construction Cost - $3M
State Share - $2.1M
Town Share - $900k
DESIGN COMPLETE
Geotechnical Issue Delayed
Construction in FY25 –
Construction Deferred to FY26.
FY25 - $1.5M budgeted
FY25 Budget Expended $22,859
8Meeting Packet Page 14 of 488
D6066 - Courtside Villas Storm Water Improvements
$150,000
(Anticipated SPAP Grant Funding)FY25 – Construction $150k
FCDMC Share - $112,500
Town Share - $37,500
Project Completed in FY25
Grant Funds Awarded
FY25 Budget Expended $155,849
Anticipate 75% Reimbursement
from Flood Control District of
Maricopa County
9Meeting Packet Page 15 of 488
S6059 - Wayfinding Signs
$250,000 (Multi-Year)
Fabrication completed and
Installation Underway in FY25
Installation to be completed
in FY26
FY25 Budget Expended
$238,483
10Meeting Packet Page 16 of 488
D6057 - Golden Eagle Impoundment Area Improvements
$3,182,000 (Revised Budget after Transfers in) 85% of Construction completed in
FY25
Project completed in FY26
FY25 Budget Expended $2,780,739
Meeting Packet Page 17 of 488
Downtown Streetscape Improvements – Phase I
MAG Design Assistance Grant
Awarded in FY25
Project Assessment (PA) Report
Underway in FY25 for Parkview Ave
and Verde River Drive
Anticipated Completion Sept. 2025
Followed by full design project
Meeting Packet Page 18 of 488
Public Works
FY 2025
Pavement Maintenance
Cost - $4,906,336
13Meeting Packet Page 19 of 488
Meeting Packet Page 20 of 488
Marathon Dr
Meeting Packet Page 21 of 488
Gunsight Dr
Meeting Packet Page 22 of 488
Ridgeway Dr & Winchester Dr
Meeting Packet Page 23 of 488
Trevino Dr
Meeting Packet Page 24 of 488
Nicklaus Dr & Palmer Way
Meeting Packet Page 25 of 488
El Lago Blvd, 1.37 Lane Miles 14,967 Square yards
Meeting Packet Page 26 of 488
Street Department
21Meeting Packet Page 27 of 488
22
Roadway sign replacement
•Approximately 200 regulatory, warning and street name
signs were replaced
•Reasons for replacement:
•Damage / knock-down
•Reached end-of-life (faded / low reflectivity)
Meeting Packet Page 28 of 488
23
Parking Lot Maintenance
MCSO Parking Lot, Town Shared Parking Lot with Park Place,
Fountain Park Parking on the eastside and the Botanical
Garden Parking Lot Repaved
Cost $39,388
Meeting Packet Page 29 of 488
24
Intersection Improvements
Palisades Blvd & Saguaro Blvd – Added new Signal Heads and
timing to facilitate protected left turns
Cost $37,380
Meeting Packet Page 30 of 488
25
Pothole Repair
•Street Department Staff and contractors placed 38 tons of
asphalt, repairing hundreds of potholes Townwide.
Meeting Packet Page 31 of 488
26
Uneven Sidewalk Repair
Town Staff safely grinded
uneven walking surfaces at 100 locations
Meeting Packet Page 32 of 488
27
After hours calls for service
Staff responds to an
average of fifteen (15)
calls per month
Meeting Packet Page 33 of 488
28
Facilities Maintenance Management System,
(CMMS)
For Fiscal Year 25 there were:
•586 total Work Orders submitted.
•201 were Preventative Maintenance, (Scheduled)
•385 Corrective
•0% Uncompleted or left open
30 additional Work Orders that would’ve normally required outside
contractors were covered by Town staff Maintenance Technicians
Meeting Packet Page 34 of 488
29
Environmental Programs
•Household Hazardous Waste Collection Event – Saturday, Nov 2, 2024
Collected:
344 lb Lithium Ion Batteries
1,400 lb batteries
135 lb Bulbs
800 lb oil
9,100 lb paint
525 lb flammable aerosols
900 lb pesticides
700 lb of gasoline
612 lb various chemicals
95 lb propane
Meeting Packet Page 35 of 488
30
Environmental Programs
•Electronic Recycling Collection Event – Saturday, April 5 2025
Collected:
10,620 pounds (5tons) of
electronics on 19 pallets.
Meeting Packet Page 36 of 488
31
•Non-ferrous - These metals include aluminum, copper,
nickel, lead, tin, and zinc
•Ferrous metals - Most common ferrous metals are
steel, alloy steel, cast iron, and wrought iron
The Street Department collects and sells on average
2,500 lbs a month
The funds ($500.00) is deposited into the Streets Fund
for sign replacement
Non-Ferrous & Ferrous Metals Collection & Recycling
Meeting Packet Page 37 of 488
Public Works
FY 2025
Wash Maintenance
32Meeting Packet Page 38 of 488
33Meeting Packet Page 39 of 488
34
Wash Maintenance
•Town manages approximately 208 total acres of surface drainage washes
•In FY25, approximately 49 acres of washes have been maintained
•Approximately 50 tons/per acre, 2,450 tons of organic material shredded
in FY25
Meeting Packet Page 40 of 488
Questions
Meeting Packet Page 41 of 488
FY2025 Q4 and Full Year Revenue Update
Paul Soldinger, Chief Financial Officer
September 2, 2025
Meeting Packet Page 42 of 488
4th Quarter and Full Year FY2025 Revenue Update
Meeting Packet Page 43 of 488
Net Taxable Activity
•Total Net Taxable Activity for Quarter 4 of FY25 was $185.4M
•Decreased by $8.9M, or 4.6%, from the same period in FY24
4th Quarter Revenue Update
$0
$20
$40
$60
$80
$100
$120
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Mi
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Net Taxable Activity by Fiscal Year & Period
2021 2022 2023 2024 2025
Meeting Packet Page 44 of 488
Total TPT Collections
•Includes all TPT reporting categories for all funds
•Projected $4.67M
•Collected $5.41M
•$0.75M more than
projected
•Increase of 0.43% compared to FY24
4th Quarter Revenue Update
$-
$0.50
$1.00
$1.50
$2.00
$2.50
$3.00
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Mi
l
l
i
o
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Total TPT Collections by Fiscal Year
2021 2022 2023 2024 2025
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 4,480,377 4,188,306 4,250,022 1.47%
2nd quarter 4,940,673 5,403,449 5,035,683 -6.81%
3rd Quarter 6,058,005 5,582,509 5,496,543 -1.54%
4th Quarter 5,107,239 5,385,665 5,409,021 0.43%
Full Year 20,586,294$ 20,559,929$ 20,191,270$ -1.79%
TPT Revenues
Budget Actual % of Budget
17,582,304$ 20,191,270$ 14.84%
FY2026 Projection Change
18,013,722$ 2.45%
FY2025 Budget to Actual Comparison
Meeting Packet Page 45 of 488
Retail Sales
•Includes Local and Online Retail Sales and Use Tax
•Projected $2.77M
•Collected $2.70M
•$0.07M less than
projected
•Decrease of 2.77%
compared to FY24
4th Quarter Revenue Update
$-
$200
$400
$600
$800
$1,000
$1,200
$1,400
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Th
o
u
s
a
n
d
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Retail - TPT Collections by Fiscal Year
2021 2022 2023 2024 2025
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 2,214,863 2,307,337 2,258,775 -2.10%
2nd quarter 2,624,054 2,654,837 2,639,578 -0.57%
3rd Quarter 2,904,402 2,945,812 3,001,273 1.88%
4th Quarter 2,757,584 2,781,810 2,704,815 -2.77%
Full Year 10,500,903$ 10,689,796$ 10,604,441$ -0.80%
TPT Revenues
Budget Actual % of Budget
10,246,884$ 10,604,441$ 3.49%
FY2026 Projection Change
10,260,360$ 0.13%
FY2025 Budget to Actual Comparison
Meeting Packet Page 46 of 488
Retail Sales – without food sales
•Retail sales excluding food tax may better indicate local shopping trends
•Increase of 0.04% compared to Q4 of FY24
4th Quarter Revenue Update
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
FY2023 FY2024 FY2025
Mi
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Retail TPT - without Food Tax
1st quarter 2nd quarter 3rd Quarter 4th Quarter
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 1,786,536 1,858,340 1,817,463 -2.20%
2nd quarter 2,138,722 2,142,377 2,134,130 -0.38%
3rd Quarter 2,308,398 2,296,515 2,354,760 2.54%
4th Quarter 2,185,339 2,213,042 2,213,980 0.04%
Full Year 8,418,995$ 8,510,274$ 8,520,332$ 0.12%
TPT Revenues
Meeting Packet Page 47 of 488
Retail Sales – Remote Sellers
•Remote sales (within retail sales) may better indicate online shopping trends
•Increase of 7.90% compared to Q4 of FY24
4th Quarter Revenue Update
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
FY2023 FY2024 FY2025
Retail TPT - Remote Sellers
1st quarter 2nd quarter 3rd Quarter 4th Quarter
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 312,705 359,792 382,435 6.29%
2nd quarter 368,789 483,956 468,366 -3.22%
3rd Quarter 433,190 455,512 533,043 17.02%
4th Quarter 405,875 431,604 465,692 7.90%
Full Year 1,520,559$ 1,730,864$ 1,849,537$ 6.86%
TPT Revenues
Meeting Packet Page 48 of 488
Construction
•Includes Prime Contracting and Speculative Builders
•Projected $489K
•Collected $1.0M
•$557K more than
projected
•Increase of 33.76%
compared to FY24
•Audit collection and large taxable event in FY23 skews prior comparisons
4th Quarter Revenue Update Large Taxable Event & Audit Collection in FY23
$-
$200
$400
$600
$800
$1,000
$1,200
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Th
o
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s
a
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Construction - TPT Collections by Fiscal Year
2021 2022 2023 2024 2025Construction
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 939,274 637,858 582,874 -8.62%
2nd quarter 720,032 966,106 745,598 -22.82%
3rd Quarter 1,232,115 811,500 597,941 -26.32%
4th Quarter 557,830 781,581 1,045,424 33.76%
Full Year 3,449,251$ 3,197,045$ 2,971,838$ -7.04%
TPT Revenues
Budget Actual % of Budget
1,809,711$ 2,971,838$ 64.22%
FY2026 Projection Change
2,376,414$ 31.31%
FY2025 Budget to Actual Comparison
Meeting Packet Page 49 of 488
Utilities & Communications
•Includes Water, Sewer, Electricity, Cable, Natural Gas, and Internet Services
•Projected $434K
•Collected $349K
•$85K less than
projected
•Decrease of 1.57%
compared to FY24
4th Quarter Revenue Update
$-
$50
$100
$150
$200
$250
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Th
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Utilities - TPT Collections by Fiscal Year
2021 2022 2023 2024 2025
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 483,991 499,547 553,976 10.90%
2nd quarter 402,028 440,338 456,112 3.58%
3rd Quarter 343,844 366,577 364,324 -0.61%
4th Quarter 346,706 354,938 349,366 -1.57%
Full Year 1,576,569$ 1,661,400$ 1,723,779$ 3.75%
TPT Revenues
Budget Actual % of Budget
1,608,861$ 1,723,779$ 7.14%
FY2026 Projection Change
1,695,247$ 5.37%
FY2025 Budget to Actual Comparison
Meeting Packet Page 50 of 488
Real Estate
•Includes Long-Term
Residential and
Commercial Rentals
•Projected $164K
•Collected $156K
•$8K less than projected
•Decrease of 48.31% compared to FY24 –Due to State elimination of long-term residential rental tax
4th Quarter Revenue Update First month without long-term residential rental tax
$-
$50
$100
$150
$200
$250
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Th
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Real Estate - TPT Collections by Fiscal Year
2021 2022 2023 2024 2025
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 257,795 263,394 210,949 -19.91%
2nd quarter 289,077 292,549 304,767 4.18%
3rd Quarter 401,081 494,045 299,016 -39.48%
4th Quarter 310,058 301,168 155,685 -48.31%
Full Year 1,258,011$ 1,351,156$ 970,416$ -28.18%
TPT Revenues
Budget Actual % of Budget
924,012$ 970,416$ 5.02%
FY2026 Projection Change
681,444$ -26.25%
FY2025 Budget to Actual Comparison
Meeting Packet Page 51 of 488
Restaurants and Bars
•Includes Local
Restaurants (drive
thru, sit-down, and delivery) and Bars
•Projected $373K
•Collected $399K
•$26K more than projected
•Decrease of 1.51% compared to FY24
4th Quarter Revenue Update
$-
$20
$40
$60
$80
$100
$120
$140
$160
$180
$200
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Th
o
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Restaurants/Bars - TPT Collections by Fiscal Year
2021 2022 2023 2024 2025
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 268,312 252,574 252,750 0.07%
2nd quarter 371,176 398,130 330,995 -16.86%
3rd Quarter 445,697 396,098 430,328 8.64%
4th Quarter 431,876 405,525 399,408 -1.51%
Full Year 1,517,061$ 1,452,327$ 1,413,481$ -2.67%
TPT Revenues
Budget Actual % of Budget
1,382,316$ 1,413,481$ 2.25%
FY2026 Projection Change
1,309,217$ -5.29%
FY2025 Budget to Actual Comparison
Meeting Packet Page 52 of 488
Services
•Includes Hotels,
Golf, Tours, and
Short-Term Residential Rentals
•Projected $435K
•Collected $765K
•$319K more than projected
•Decrease of 0.80% compared to FY24
4th Quarter Revenue Update
$-
$50
$100
$150
$200
$250
$300
$350
$400
$450
$500
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Th
o
u
s
a
n
d
s
Services - TPT Collections by Fiscal Year
2021 2022 2023 2024 2025
FY2023 FY2024 FY2025
Change from
FY24
1st quarter 317,323 227,440 390,269 71.59%
2nd quarter 529,270 650,848 557,727 -14.31%
3rd Quarter 730,880 568,398 765,103 34.61%
4th Quarter 701,252 759,857 753,779 -0.80%
Full Year 2,278,725$ 2,206,543$ 2,466,878$ 11.80%
TPT Revenues
Budget Actual % of Budget
1,610,520$ 2,466,878$ 53.17%
FY2026 Projection Change
1,691,040$ 5.00%
FY2025 Budget to Actual Comparison
Meeting Packet Page 53 of 488
State Shared Revenue
4th Quarter Revenue Update
•Projected $907K
•Collected $940K
•Projected $1.28M
•Collected $1.26M
$400
$350
$300
$250
$200
$150
$100
$50
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Th
o
u
s
a
n
d
s
State Shared Revenue - Sales Tax
2021 2022 2023 2024 2025
$600
$550
$500
$450
$400
$350
$300
$250
$200
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Th
o
u
s
a
n
d
s
State Shared Revenue - Income Tax
2021 2022 2023 2024 2025
Meeting Packet Page 54 of 488
State Shared Revenue
4th Quarter Revenue Update
•Projected $462K
•Collected $508K
•Projected $305K
•Collected $346K
$210
$190
$170
$150
$130
$110
$90
$70
$50
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Th
o
u
s
a
n
d
s
Highway User Revenue Fund (HURF)
2021 2022 2023 2024 2025
$150
$125
$100
$75
$50
$25
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Th
o
u
s
a
n
d
s
State Shared Revenue - Vehicle License Tax
2021 2022 2023 2024 2025
Meeting Packet Page 55 of 488
Questions?
Meeting Packet Page 56 of 488
ITEM 8.a.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Town Clerk
Prepared by: Angela Espiritu, Executive Assistant/Deputy Town Clerk
Staff Contact Information: Phone: 480-816-5107
Email: aespiritu@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Approving the minutes of the Town Council
Regular/Special Session of June 3, 2025, Town Council Work Session of June 3, 2025, Town
Council Regular Session of June 17, 2025, and Town Council Special Session of August 5,
2025. Staff Summary (background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion
and action that took place at the meeting for archival purposes. Approved minutes are
placed on the town's website and maintained as permanent records in compliance with
state law. Related Ordinance, Policy or Guiding Principle
N/A Risk Analysis
N/A Recommendation(s) by Board(s) or Commission(s)
N/A Staff Recommendation(s)
Staff recommends approving the minutes of the Town Council Regular/Special Session of
June 3, 2025, Town Council Work Session of June 3, 2025, Town Council Regular Session of
June 17, 2025, and Town Council Special Session of August 5, 2025, as presented. Suggested Motion
MOVE TO APPROVE the minutes of the Town Council Regular/Special Session of June 3,
2025, Town Council Work Session of June 3, 2025, Town Council Regular Session of June 17,
2025, and Town Council Special Session of August 5, 2025, as presented.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. 2025.0603.TCWSM VERBATIM TRANSCRIPT
2. 2025.0603.TCRSM VERBATIM TRANSCRIPT
Meeting Packet Page 57 of 488
3. 2025.0805.TCSM.MINUTES.VERBATIM.TRANSCRIPT
4. 2025.0617.TCRM. VERBATIM TRANSCRIPT
Meeting Packet Page 58 of 488
TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK SESSION MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL June 3, 2025
A Work Session Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 4:00 p.m.
Members Present: Mayor Gerry M. Friedel; Vice Mayor Hannah Larrabee; Councilmember Gayle Earle; Councilmember Brenda Kalivianakis; Councilmember Peggy McMahon; Councilmember Rick Watts; Councilmember Allen Skillicorn (by phone)
Staff Present: Town Manager Rachael Goodwin; Town Attorney Robert Wingo; Town Clerk Bevelyn Bender
Meeting Packet Page 59 of 488
TOWN OF FOUNTAIN HILLS
JUNE 3, 2025 TOWN COUNCIL WORK SESSION MEETING MINUTES
Page 1 of 31
Post-Production File
Town of Fountain Hills
Town Council Work Session Meeting Minutes
June 3, 2025
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.
* * * * *
Meeting Packet Page 60 of 488
TOWN OF FOUNTAIN HILLS
JUNE 3, 2025 TOWN COUNCIL WORK SESSION MEETING MINUTES
Page 2 of 31
MAYOR FRIEDEL: Call this work session to order.
Rachael?
GOODWIN: Thank you, Mayor. Do we need a roll call? Awesome.
BENDER: Mayor Friedel?
MAYOR FRIEDEL: Present.
BENDER: Vice Mayor Larrabee?
LARRABEE: Present.
BENDER: Councilmember Earle?
EARLE: Present.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Here.
BENDER: Councilmember Watts?
WATTS: Present.
BENDER: Councilmember McMahon?
MCMAHON: Here.
BENDER: And Councilmember Skillicorn?
SKILLICORN: Present.
GOODWIN: Great. Thank you, Bev.
Mayor and Council, this is a work session. I know this is not something we have done
too many of recently, but we felt like this was the appropriate tool to educate and
discuss the ongoing draft Land Use Assumptions. The -- Paul and our representative
from TischlerBise are here to kind of walk through this, share information, background,
answer your questions, help to understand this concept. It's not something we do
regularly. It's generally done every five years or so. Thank you.
So it is not necessarily -- again, not necessarily top of mind. This is your opportunity to
ask questions. There will be no action taken tonight as it is a work session, but it is a
good tool to understand and sort of deep dive and understand where we're going with
our development fees and other improvement plans.
So with that, Paul, I'll turn it over to you.
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SOLDINGER: Great. Thank you, Rachael.
Mayor, Vice Mayor, and Council, thank you for joining us a little early tonight. Really
appreciate it. Like Rachael mentioned, we thought this would be an appropriate time to
provide an update on our progress on preparing a revised every-five-year required
revision to the draft Land Use Assumptions Infrastructure Improvements Plan that will
set the development impact fees for the Town.
So Ben Griffin from TischlerBise, I'll turn it over to him in just a little bit, but I just
want to provide you a little bit of background to kind of set the tone for the discussion
and the presentation. So the Town of Fountain Hills has been charging development
impact fees for new development in the town for about 25 years now. It's allowed
by Arizona Revised Statutes. And the purpose of it is so that the Town can use those
fees for maintaining levels of service based on new development coming into the
town.
And so currently, the Town charges impact fees for our streets purposes, specifically for
the Shea Boulevard widening project, and fire needs as well as park amenities. And like
Rachael mentioned, Arizona law requires the Town and other municipalities to update
the -- basically, the growth assumptions within the draft Land Use Assumptions and
Infrastructure Improvement Plan every five years to be able to continue to charge the
impact fees.
So that's the process we've already started. We started in January. We started meeting
with Ben and his team, going through the growth assumptions for the Town of Fountain
Hills as well as current construction costs, which, as you know, have substantially
increased since the last update in 2020. So with increased construction costs, the draft
that we have today that Ben will be discussing could result in a lot higher development
impact fees that the Town would be charging, and so we thought it would be good to
get ahead of that, discuss it, provide an update to you.
And so the next steps would be in the fall, in September, we'd bring back this draft
report in a public hearing for Council consideration as well as adoption in a following
meeting, and then after that, this report that Council could adopt would, then, result in
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revised impact fees that the Town could charge starting next April of 2026.
So with that, I'll turn it over to Ben, and Ben and Town staff are available for any
questions that you have.
GRIFFIN: Thanks, Paul.
All right. Mayor, Vice Mayor, Councilmembers, thanks for giving me the opportunity to
speak to you this afternoon. You know, everyone's right. You don't do impact fees very
often. Most elected officials hope they only have to deal with it, you know, once every
five years, and then it's, you know, someone else's problem for the next update. But,
you know, it's a long process, but, you know, I do like how Arizona lays it out. You know,
you have a certain number of public hearings that you're required. There are certain
documents that you're required to adopt. So, you know, it's very clear what can and
cannot be included in an impact fee study.
So we'll do a quick refresher on development fee basics. When Carson Bise was out
here a few months ago, he gave a similar review, but, you know, it's always good to
have that review as we start this adoption process or head towards the adoption
process. We'll look at the timeline, which is pretty lengthy in Arizona, then we'll look at
the Land Use Assumptions as they're essentially development projections, the
Infrastructure Improvement Plans for fire, parks, and streets, and then we'll look at the
proposed development fees.
So just as a review, development fees are a one-time payment for growth-related
infrastructure. Generally, you collect it at the time of the building permit. So this is
something that new development pays, not existing development. Can't fund
operations maintenance, repair, rehab, replacement. It needs to be new capacity or
available capacity that you're buying into. It's not a tax, but, you know, it's a -- it's a
contract between you and that development to provide, you know, the infrastructure
that's included in the impact fee study.
And we have to prove three things. Need. That's easier to prove. You know, if you're
growing, that's generally an indicator that, you know, there's additional need for
infrastructure. But the types of projects that we're including, we really have to pay
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attention to that.
So we want to make sure that there are system-level improvements. So the Shea
Boulevard widening is a great example of a system improvement because no matter
where you live throughout the town, you can use that, whereas if you are putting in a --
you know, a new apartment complex and you needed to add turn lanes in and out, that
would be a project-level improvement. Really, it's only going to benefit that one
development. So that's not something that we would want to include in an impact fee
study.
We also have to prove benefit, and there's two parts to that. So we want to make sure
that the fee payer is geographically close enough to receive a benefit from this impact
fee. So, you know, if you were, you know, Buckeye, for example, and you're, you know,
what, 600 square miles or something like that, we might need to break you up into
service areas to make sure that, you know, you're geographically close enough. But
Fountain Hills, you know, we don't need to have that. You know, discussion further out
is the state trust land and, you know, could it become its own service area, but as of
right now, we just have a single city-wide service area.
And, you know, if things change with the state trust land, you know, we can always
update the study, you know, make an amendment or something like that, but, you
know, as presented tonight, this is looking at one single service area. But if -- it also
means that, you know, if someone gives you money for this improvement, you need to
spend that money within a timely manner, so for the -- for any nonutility components,
which is all that you'd be charging for, you have ten years from the date of collection to
spend that money.
And then, finally, the third is we want to make sure that the fees are proportionate to
demand. So you'll notice, on the residential uses, there's a single-family versus a multi-
family. You know, on average, a single-family unit has fewer occupants per unit than a
multi-family unit, so if we're assessing fees, you know, per person, then, you know, the
single-family units would pay proportionately more than a multi-family unit because
there are more persons at that site -- or that single-family site than at a multi-family
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site.
MCMAHON: I have a question.
GRIFFIN: Sure.
MCMAHON: Thank you very much. It says here development fee basics, and it says
level of service, and it says, a higher level of service must be paired with
nondevelopment fee funding source to cover existing development share. Could you
please elaborate on that just a little bit? I'm trying to understand this whole concept --
GRIFFIN: Yeah. And --
MCMAHON: -- as is -- if you don't mind.
GRIFFIN: Of course, yeah. And that was my next point. So level of service is very
important with impact fees because you cannot charge future development for a
higher level of service than existing development receives unless you have identified an
outside funding mechanism to raise that level of service so you're charging everyone the
same. So for example, you know, parks is always an easy one. If your, you know, park
master plan says we want to provide, you know, six acres per 1,000 people, but you
currently provide three acres per 1,000 people, we can't charge the impact fee based on
six. We would have to charge it based on three.
But if you, you know, issue debt or you find some grants that you're going to use to
acquire parkland to bring you up to six over, you know, a span of five to ten years, then
we could use that higher level of service because you identified an outside funding
mechanism to increase existing development's level of service, and that way, we can
base the fee, which is charged to future development, on that higher level of service
because you have identified that outside funding mechanism. So it's just making sure
that we're never charging future development for a higher level of service than existing
development receives.
All right. There are three general fee methodologies. They look at points in time. So if
we look to the past, that's going to be a cost recovery approach. Generally, you know,
you have some sort of excess capacity. This works really well with utilities, where
maybe you have, you know, a five-million-gallon treatment plant, so you're only using
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three million, so you're going to have development buy into that excess two million to
pay yourself back.
The incremental approach looks to the present. So that's your existing level of service,
so it says, you know, we provide, you know, this many police vehicles per person or we
provide, you know, this many lane miles of arterials per person, and this is what it
would cost to acquire a new police vehicle or this is what it would cost to construct a
lane mile, so it uses today's level of service and today's cost to come up with the impact
fee.
And then, when we look to the future, that's a plan-based approach. Generally, you're
looking at a CIP or a master plan that says these are very specific projects that we
want, and generally, there are costs outlined with that, and so we can say, all right,
well, you know, we're trying to get to here, so how do we -- how do we allocate that
to, you know, existing and future development so everyone pays their proportionate
share.
So any questions on the methodologies? Okay.
We also have to look at credits. So there are three types of credits. The site-specific
credit you actually handle after the adoption. So for example, if a developer -- and parks
works really well for this. Let's say, you know, a developer said, hey, here's, you know,
five acres of parkland. If you had parkland acquisition in your impact fee and they
dedicated those five acres to you, they would receive a credit against their impact
fees.
Debt service and dedicated revenues, those are handled in the impact fee study. So
essentially, it looks at, you know, any of those -- you know, those dedicated revenues or
that debt service that future development would pay and says, hey, you know what, we
need to provide a credit to the impact fee study because we're already charging them in
the impact fee study, and they're going to generate, you know, property tax or sales tax
towards that future debt service payment. So essentially, we're just reducing the
impact fee to offset those future revenue sources so we're not paying, you know, once
through the fee and once through that future revenue.
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So in Arizona, you're required to adopt three separate documents for an impact fee
study. The first is the Land Use Assumptions document. That's your development
projections. It shows your existing development and what we think you'll grow by over
the next ten years.
The next is the Infrastructure Improvements Plan. That's the level of service document.
It defines, you know, your existing inventory of, in your case, fire, parks, and streets. It
looks at, you know, the costs associated with those. And you adopt the Land Use
Assumptions and the Infrastructure Improvements Plan first, and then, once you've
done those, then you can adopt your actual development fees.
You're going to see all of these tonight in presentation form, but, you know, the -- we've
found it easier to show you the development fees from the beginning instead of just
showing you the Land Use Assumptions and just showing you the Infrastructure
Improvements Plan, you adopting those, and then it's a surprise what the development
fees are. It's much more transparent to you as elected officials and, you know, to, you
know, stakeholders in the community just to know the fees from the beginning because,
you know, it's much easier to, you know, have a discussion with you and the
stakeholders if everyone knows all the facts. So you'll see the proposed fees tonight,
and you'll see a comparison to other cities in the valley.
There are certain limitations in Arizona on eligible improvements, and the statute
refers to these as necessary public services. So parks, they can't exceed 30 acres unless
there's a direct benefit to development. Public safety, there's no regional training
facilities. And then they must have a useful life of, you know, three or more years to be
eligible.
So we kicked off this update in January. We're having a work session tonight. If we
advertise July 1st, you can't do any sort of public hearing for the first 60 days. So in
theory, the very first time you could have a public hearing on this after you advertise is
September 16th, and then you have a 30- to 60-day window after that public hearing,
the Land Use Assumptions, and the IIP to adopt that.
Once you've adopted that, you advertise the development fees, which everyone has
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seen already. You have to wait 30 days before you can have the public hearing on the
development fees, so in theory, that could be November 25th. You have a 30- to
60-day window to adopt those development fees. And then once you've adopted the
fees, which could happen in January 2026, it's 75 days before those fees can go into
effect.
So if everything went exactly to this schedule, your fees could be in effect April 6th of
2026. But, you know, we haven't advertised yet, so, you know, this is still a flexible
schedule, but this is just to sort of give you an idea of, you know, this 225-day minimum
process as defined by, you know, the Arizona legislature. So --
KALIVIANAKIS: I do have a question, please.
GRIFFIN: Sure.
KALIVIANAKIS: Thank you. If we kept our fees the same as they are right now, would all
this be necessary, or is this just for an increase in the development fees?
GRIFFIN: Great question. So you have to review every five years. You could say, hey,
look, we think that our Land Use Assumptions are similar enough to what's in our
current study and, you know, if costs had not changed very much and you said, hey, you
know, this still provides us, really, what we need, you could say, hey, you know what,
we're actually not going to do this update, we've -- we're just going to, essentially,
readopt this for five more years. But --
KALIVIANAKIS: So then we would avoid the advertisement, the stakeholder outreach,
and et cetera?
GRIFFIN: That's correct.
KALIVIANAKIS: Okay.
GRIFFIN: But you'll -- once we start going through these costs, you'll notice that the
costs have increased dramatically, and so that's more of, you know, a philosophical
discussion of who pays for growth. So you could say, hey, you know what, we are just
going to hold off, and we're just going to stick with our existing fees, but because costs
have increased so much, you're really placing that burden of growth-related cost on
existing development. So --
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KALIVIANAKIS: Yeah. And -- yeah. And I'll wait for that part of the presentation. I just
wanted to address that now.
GRIFFIN: Right. There's also a bullet point that I skipped over so I could, then, come
back to it. There's a TBD on stakeholder outreach. You know, we've found it's generally
helpful if there is some sort of stakeholder outreach. You know, a lot of the cities in the
valley, you know, they'll offer a hybrid version because, you know, maybe one of the
developers is, you know, on the west side of the valley, and it's very hard to get over
here.
But, you know, if you offer, you know, a virtual option, you know, the other cities in the
valley have seen, you know, very good turnouts from the development community or
stakeholders, you know, when there is that, you know, hybrid option, so that way, they
can, you know, at least give their input. You can hear what they're saying. And, you
know, we listen to their input, and, you know, we've -- generally, we've worked with
most of these stakeholders in other, you know, cities or towns or counties, so we can
generally anticipate, you know, what they're going to say.
But, you know, we did put that stakeholder outreach within that 60-day advertisement
window because you can't do anything from a public hearing standpoint. So a lot of
communities like to say, hey, you know, in that 60 days, we want to do stakeholder
outreach or, you know, maybe we want to have a work session or something like that,
but it -- you know, it is a way to take advantage of the 60 days where you can't really do
anything.
All right. So we'll move over towards the Land Use Assumptions. I alluded to this
earlier. So with residential development, generally, we're looking at, you know, the
occupancy of that unit as the demand unit. And so you can see we're using census data
to say, hey, in Fountain Hills, the average single-family unit has about 2.23 persons per
household. The average multi-family unit is 1.58 persons per household. So that single-
family unit, if we're assessing fees per person, should pay proportionately more than a
multi-family unit.
We also use these, you know, occupancy factors when we're converting, you know,
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projected housing units into population because we can say, hey, if we -- you know, if
we're getting 1,000 single-family units, we can multiply that by that 2.23 and come up
with the population in those units.
For nonresidential development, we're using demand factors from the Institute of
Transportation Engineers. So the important ones here are the vehicle trips generated.
We use that in the calculation of your street fees. So you can see -- and this is that
middle column -- weekday trip ends per demand unit. That, you know, light industrial,
which is our industrial proxy, you know, it's just shy of five, you know trip ends per 1,000
square feet compared to a shopping center, which is 37. So you can see there that that
shopping center generates a lot more trips than a, you know, industrial use, so they
should pay more if we were allocating costs based on vehicle trips.
We move over to the right. Those are the, you know, employees per 1,000 square feet
or the square feet per employee. We use those to -- you know, if we're projecting, you
know, the square footage of development we think you'll get over the next ten years,
we can use these ITE demand factors to say, okay, well, if you're adding this many
square feet, that translates into this many additional jobs.
So this shows your existing 2025 base year development, so just shy of 28,000 peak
population, and about 14,500 housing units, about 7,500 jobs, and just shy of five
million existing square feet. And so to get that ten-year projection, we looked at recent
permit trends, and, you know, based on that, you know, we think you'll average about,
you know, 70 single-family units a year and just shy of 60 multi-family units a year. So
over this ten-year period, we're looking at almost 1,300 new housing units, and when
we convert that to population, those, you know, near 1,300 housing units would have
about 2,500 peak population residing in them.
On the nonresidential side, we actually looked at MAG projections, the Maricopa
Association of Governments. We looked at their employment projections. And so, you
know, if they think you're going to grow by about 450 jobs over the next ten years, then
we apply those ITE employment density factors, that's about 175,000 square feet of,
you know, new nonresidential development.
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So any questions, comments, concerns with the development projections?
UNIDENTIFIED SPEAKER: Could you explain (indiscernible)?
GRIFFIN: Great question. He asked to explain peak population. So, you know, in some
communities, generally, your year-round population is very reflective of your max
population, but, you know, in Arizona or Florida, a lot of times we'll see, you know,
second homes, vacation rentals, things like that, and so to make sure that we accurately
reflect demand for infrastructure from residential development, we will, you know, add
back in those, you know, second homes or recreational -- you know, those houses that
are vacant for part of the year.
Because it's a seasonal or recreational use, we add those back in, and then we can say,
all right, well, when you're fully occupied, you know, this is actually your population
because, you know, if 20 percent of your housing stock is seasonal use, if we're just
looking at year-round population, we're really missing out on, you know, the true level
of service.
So any questions with the development projections?
WATTS: So in your calculations, we -- the Town of Fountain Hills is very rapidly
approaching buildout, so do you take the ITE data, and do you devaluate it? Because,
comparatively speaking, to larger municipalities, there's more opportunity to reach
these numbers and use these types of footprints and population increases. How do you
devaluate?
GRIFFIN: So with this, you know, we took the MAG data, which, essentially, you provide
to MAG, and then we talked with Development Services and said, hey, does this really
make sense? And you can actually see we're showing zero industrial growth, and it's
because there's a lack of land available for industrial development. So we actually sort
of marked through what MAG said for industrial because probably, the growth that
you're going to see in industrial is adding employees to existing industrial development
and not necessarily new development.
And so we've sort of backed that down and really looked at the types of uses that you
could -- you could really anticipate, so making sure that, you know, that demand factor
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is really the type of development that you're going to get because, you know, we could
say, hey, yeah, we think you're going to get, you know, all this warehouse development
and, you know, you have -- you know, it's almost 3,000 square feet per employee. Well,
that doesn't make sense here because you don't have the land for a one million-square-
foot, you know, warehouse or distribution center.
So we've really looked at that and, you know, taken the MAG projections, which, again,
you're providing or staff is providing to MAG, to say, hey, this is -- you know, this is sort
of where we think we're headed, but it also takes into account that you only have, you
know, a finite amount of developable parcels left for nonresidential development, and
so that's why you're seeing, you know, over ten years, it's only saying 175,000 square
feet of nonresidential development.
So it's, you know, some -- you know, some of the cities -- some of your neighbors, you
know, they expect that in a year, whereas we know here, you're going to be more
focused on the residential side of development. And, you know, when we -- when we
first -- the first set of projections we did for this on the residential side, it was -- it was
definitely -- it was a different number than what you're seeing here.
And we actually moved away from using MAG for the residential projections because we
could see, you know, how much land is available, and we could look at, you know,
recent trends and say, okay, well, if we're not taking into account state trust land, you
know, this path makes a little more sense, you know, about 70 single-family units a year,
you know, just shy of 60 multi-family units a year, which, you know, the multi-family,
you know, you're not going to get 60 a year. You're going to get two or 300 at one time,
and then maybe not have anything for two or three years, and then get something else.
But for the sake of this, you know, it averages out to, you know, about 60 per year.
WATTS: Right. The light industrial makes a lot of sense because we do have zoning
issues that we don't have the zoning available, at this point in time anyway. The
housing, on the other hand, comparatively speaking -- and my apologies. I'm new here,
so I'm trying to understand, historically, how many we've built, and the 70 per year only
gets us to 700 over that ten-year period. The multi-family is going to absorb the
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additional 4- or 500? Is that what you're proposing?
GRIFFIN: Yeah, just shy of 600 over ten years.
WATTS: You're anticipating? Okay. So when you do the final analysis, are you going to
give us a comparative, historically, to what we're anticipating going forward for that ten-
year period?
GRIFFIN: Yeah. So when you see the actual report that we advertise, in the land use
section, it starts off with the residential assumptions, and it'll show, you know, 2010
census, 2020 census, so it'll show sort of the growth over the previous ten years, but
then right below that, it'll actually show, you know, since 1960, you know, by decade,
you know, sort of how have you been growing.
And then it'll also, you know, mention the recent permit trends, which, really, we're
pulling from your -- and I can't remember what the document's called, but you -- it's
basically your land use document that you publish every year that shows, you know,
how much development you have in each, you know, section of the city. And so we're
just pulling data from that to say, historically, this is how, you know, you have been
growing, and this is, you know, where we think you'll end up. But yeah, we talk with
Development Services and make sure that, you know, what we're showing here does
not exceed, you know, what's, you know, in the realm of possibility.
WATTS: Thank you.
MAYOR FRIEDEL: Is there any relationship between the amount of land available for
development and the increase in the fees?
GRIFFIN: Great question. I mean, generally, when there's not much land available,
that's when you start to phase out the fees because if you collect a fee, you have to
spend it, and, you know, a lot of communities, they're -- you know, after the recession,
they're wary of spending -- or promising to spend a lot of money for growth because,
you know, if you use a plan-based or a, you know, cost recovery methodology, and it
assumes, you know, hey, 60 percent of this is going to be covered by, you know,
future development, well, if the development doesn't come, you're on the hook for
that.
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And that's why, you know, after the recession, a lot of communities switched from that
cost recovery or the plan-based to an incremental methodology because with
incremental, whatever you generate in fee revenue in a year, that's how much
infrastructure you need, and if you stop growing, if you don't collect fees, you don't
have to build anything, and so it really insulates the General Fund from, you know -- you
know, ups and downs in the development cycle.
And so, you know, most of your fees that we're proposing use that incremental
methodology. I think the Shea Boulevard projects, those are the only plan-based. I may
be mistaken. But, you know, we've really tried to, you know, insulate you, as the Town,
as much as we can from, you know, any downturn, you know, in the development cycle.
But yeah, as you reach buildout, you know, you generally start to, you know, drop the
categories because, you know, maybe you don't need more of a certain type of
development because, you know, you're landlocked and you're, you know, almost built
out.
WATTS: So when you do -- when you collect the fees on -- these land use fees, if you
don't spend that money in the ten years, as you say, you're on the hook for it, where
does it go?
GRIFFIN: So if you don't spend it within ten years, you have to refund that, and the
administrative burden of that is very high. I'm trying to figure out, okay, well, whose
money haven't I spent yet, and then who do I return it to, and then the interest on that.
So, you know, generally, you're going to look at it and say, all right, well, you know, we
have -- we've collected this money, it's been five years, so, you know, this is your five-
year update. What's really sitting out there that's, you know, in this -- in this next
update cycle, this next five-year cycle needs to be spent.
And so any time you have those incremental methodologies, you know, for your parks,
things like that, it's easy to say, okay, well, you know, if we need to spend some money,
maybe we're going to add lighting to this existing park or, you know, maybe we're going
to add a pickleball court over here. So there are ways that you can spend the money.
That way, you're not having to return it.
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But if you've collected for, you know, a -- and I'm just making things up now -- you
know, a $10 million park, you say, hey, we're definitely going to build this and, you
know, we think growth is going to pay 60 percent of this and, you know, then there's a
recession and you don't have that growth and, really, you only generate fees for 20
percent of that, well, that other 40 percent, you have to come up with outside impact
fees or you just return everything.
And that's why, you know, a lot of communities have moved over to the incremental
methodology, just to get away from that, because we can say, hey, look, if this is what
we're providing today, we'll generate fee revenue, and we'll use some of it for additional
amenities, we'll use some of it for, you know, developing, you know, our existing
parkland. Instead of locking yourself into a specific project, you can say these are the
types of improvements we want, and, you know, in today's dollars, you know, this is
what it would cost to do that.
And so it just -- it really provides that protection from, you know, a slowdown in the
market because, like I said, with an incremental methodology, if there's no growth,
there's no impact fee collection, so you don't have to build anything.
WATTS: So if there's no impact fees, can you, mid-cycle, reduce the fees because you're
not going to anticipate collecting as much as you, five years prior, had anticipated to
avoid having to give back the originally collected amount of money?
GRIFFIN: I would say in that scenario, it probably makes sense to update the fee study,
change the methodology, and say, hey, we want to shift to an incremental -- you know,
let's make this adjustment because, you know, it's trending a different way than we
thought in our previous study.
WATTS: You say it more eloquently than I do, but it's really we don't want to give back
the money the five years that we've collected it, but we don't -- and we don't want to
incur the penalty --
GRIFFIN: Right.
WATTS: -- so there must be some mechanism, and I think if you say you can restate the
land use plan, then we can reduce those fees so we don't have that burden at the tenth
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year --
GRIFFIN: Correct.
WATTS: -- from the original? Thank you.
SOLDINGER: Can I add to that real quick?
GRIFFIN: Sure.
SOLDINGER: Sorry. I tend to do this.
Mayor and Council, we do -- just to clarify, we do track that ten-year, kind of, horizon,
and so we're not at risk of going into that kind of situation that was discussed where we
would have to pay back fees. We still have a few more years before we would have to
spend a certain amount of parks impact fees. We've only been charging the streets
impact fees for about five to six years. We do need to use that in the Shea Boulevard
widening, so we're hoping to get that done in the next few years for the first portion of
that. So we do track it. Just want to make sure that's clear. And I think you gave me a
good idea. During the public hearing, we'll try to elaborate on that subject a little bit.
GRIFFIN: All right. So we'll start with fire. We have a single service area townwide, not
citywide. We're looking at three components. So there is a new fire facilities
component that was not included in your existing IIP, but this is something, you know,
we're showing tonight as an option. We're looking at apparatus and equipment, which
were included in the existing IIP, all these using an incremental methodology. So we're
going to go into more detail the next few slides, but sort of, you know, a ten-year
summary, you know, quick bullet points.
If you maintain your existing level of service, then you need about 1,300 additional
square feet of fire facilities. That would be about $1.3 million in impact fee revenue.
You'd pay for about 75 percent of, you know, one unit of apparatus. That 304,000 is
based on your existing fleet and what it would cost to acquire a, you know, similar unit
today. And so we'll go into that a little bit more when we get to that slide. And then the
fire equipment, you know, about three units, and that would generate about 16,000 in
impact fees.
So most of these slides are going to look very similar. The left side is going to show the
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actual, you know, level of service calculation and the conversion to a cost per person, a
cost per job. The right side is going to show -- you know, at the top, it shows, you know,
your 2025, your existing. And so if you go to the bottom, that ten-year increase shows
what future development would generate demand for.
And so what this is showing, on the left side, you have two fire stations. You have
16,000 square feet, you know, existing facilities. If it costs $1,000 per square foot to
build, you know, a new fire facility or expand an existing one, then, you know, we should
be charging, you know, about $459 per person and about $427 per job. And the way
we're coming up with that is saying 16,000 existing square feet, 80 percent of demand is
coming from residential development based on your functional population. We divide
that by your existing peak population, and so you're providing about .46 square feet per
person, and then you multiply that by $1,000 per square foot.
On the right side, you see that 2025, top line. So 16,000 existing square feet, and each
year that we add to that, by 2035, you know, if you grow by 2,500 people and, you
know, almost 450 jobs, then that would generate demand for, you know, about 1,300
square feet of fire facilities. Assuming $1,000 a square foot, it's about $1.3 million in,
you know, growth-related costs for fire facilities.
So this is not a lot of demand. 1,300 square feet is, you know, not going to build you a
new station. But you can use this to, you know, add a bay to an existing station or add --
you know, I think, in the kick-off meeting, you know, with the Chief, you're adding, you
know, additional bunk rooms so you can, you know, have additional firefighters there.
But, you know, just want to, you know, point out it's really only generating, you know, a
little over $1 million, so it's not generating a lot. So, you know, this is not going to be,
you know, the silver bullet that, you know -- you know, building any sort of fire facilities,
you know, would generate, but, you know, it is an option to include this.
Next up, we'll look at -- and I clicked -- let's see. Here we go. Fire apparatus. All right.
You have eight existing units. That unit cost is what it would cost you to buy a similar
unit today. So a brush truck, you know, is $300,000 today. Command vehicle is
145,000. If you maintain the existing level of service, you know, it's 70 percent of a
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unit.
Now, you know, that engine cost, that ladder truck cost, you know, they're a little low
compared to, you know, what some of the other cities, you know, in the valley are
using, but, you know, if we used your existing level of service and, you know, the cost
of, you know, your existing units, you know, on average, it's going to be about $460,000
per unit. So again, ten years of growth means, you know, about 75 -- or 70 percent of,
you know, an apparatus, so generating about $300,000, you know, in growth-related
costs.
All right. For -- now, I am just going all over the place. Okay. Fire equipment. You got
39 defibrillators and radios, and the existing cost of that is about $4,900 per unit. So to
maintain the level of service, you would need, you know, about three additional units
over the next ten years, and that would generate about $16,000 in impact fees. So this
shows that cost per person and that cost per job for each impact fee component. And
on the residential side, we'll take that total cost per person of $584. We'll multiply it by
the number of persons per household. So that single-family fee of, you know, $1,300 is
really just 584.17 times 2.23.
In the top right corner, that shows the breakdown of this proposed $1,300 single-family
fee by component. And so the fire facilities component is just over $1,000. The
apparatus component is $236. The equipment component is $12, and then the
development fee report, essentially paying yourself back for the cost of the study, is
$31. So you can see that this new fire facilities component that's going to generate, you
know, around $1 million is adding $1,000 in cost to a single-family unit.
And so, you know, these are some of the points -- it's nice, when we have a work
session, that, you know, I can take the time and point those things out, you know, and
then you, as, you know, elected officials, can either discuss, you know, okay, does it
makes sense for us, you know, to do this -- but, you know, that is -- that's one area
where I just wanted to point out, you know, it's a little over $1 million, so maybe you're
adding a bay, but it -- you know, it is 79 percent of this proposed single-family fee.
WATTS: So the -- does the same anticipated percentage apply to facilities and apparatus
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and equipment? Is it always 70 percent of the anticipated fee --
GRIFFIN: It's not. So --
WATTS: -- or does it vary? It looked like it was 80 percent on the first -- on facilities.
GRIFFIN: So with this -- oh, that's the functional population.
WATTS: Okay.
GRIFFIN: So it's split between residential and nonresidential, how I -- how I keep those
costs.
WATTS: Okay.
GRIFFIN: But this is just saying, you know, for a single-family fee, 79 percent of that
proposed fee is really going to facilities, 18 percent is going to apparatus, and then, you
know, one or two percent going to equipment or the development fee study.
WATTS: Okay.
GRIFFIN: But, you know, it starts to paint a picture of if your current single-family fee is
$122 and the proposed fee is $1,300, well, yeah, there are cost increases, but what's
really driving that cost. And so if we back out $1,000 of facilities, then we're looking at
an increase of, you know, about, you know -- well, it's less than, you know, 100 bucks if
we didn't have the facility component.
So that's, you know, just a point to consider, all right, if we -- if we start collecting this
money, you know, are we going to actually add, you know, about 1,300 square feet, or
do we really need, you know, to issue debt and build a -- you know, a big station. And,
you know, if that's the case, you know, maybe it makes sense, once you built it, to, you
know, have development sort of retire that debt, so do a cost recovery.
But, you know, I just wanted to offer, you know, that viewpoint and, you know, offer
some suggestions on, you know, other ways of thinking about this and not make it seem
like, you know, this is all set in stone. This is just a work session, so we can show you
some options, basically, where we are now ahead of, you know, any sort of
advertisement and, you know, discussion with stakeholders.
So any questions with the fire fees? Okay. And I keep doing that.
All right. Next up, we have parks and recreation, so a single service area. I'm looking at
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two components. So there's developed parkland. There is an amenities component,
both using the incremental methodology. If you maintain your existing level of service
and grow how we're projecting, you would need to develop, you know, eight and a
half acres of parkland, and you'd generate about $4 million for additional park
amenities.
So this shows the -- on the left side, this shows your total acreage. So you have about
950 acres, but not all of those are eligible as defined by the statute. So, really, what
we're trying to focus on here is saying, hey, we know you have a lot of land, and you
have vacant parkland, so, you know, discussions with staff, you know, is, okay, well,
maybe we don't need to acquire parkland, which your current fee study does not
acquire parkland because at that time, you know, the discussion was, hey, we have
enough vacant where we can improve the land we have.
And so, really, what we're trying to do here is just say, okay, if we have about 98 acres
of, you know, developed parkland today, and we want to maintain that level of service,
and so we want to be able to, you know, generate fee revenue to make improvements
to our existing parks, well, then, you know, over the next ten years, you would need to,
you know, improve about eight and a half acres. The assumption here is it's $40,000 per
acre to make these improvements.
So this -- again, it's not land acquisition. It's just, you know, infrastructure costs to make
improvements. So this might be, you know, running utilities. It might be, you know, site
work. It's not the actual amenities themselves. It's not the land acquisition. It's just,
you know, the costs that aren't wrapped up in the, you know, amenity costs, so the
improvement of that land to prepare it for amenities. And so, again, you'd need about
eight and a half acres, and at 40,000 an acre, it would generate a little over $300,000 in
impact fee revenue.
For park amenities, this shows your existing amenities. So you have over 1,000. That
unit cost is what it would cost in today's dollars to, you know, build a, you know, softball
field or, you know, build a pickleball court. And we take an average of all of your
existing amenities. It's, you know, a little over $44,000 per unit, and so we use that and
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the fee calculation. And so if you have, you know, a little over 1,000 today, you need to
add 92 over the next ten years, and so that would generate about 4.1 million in impact
fee revenue.
Again, it's not locking you into a specific amenity. If you start, you know, to develop
near maybe one park site and you hear the community say, hey, we really want a
pickleball court over here, we need some, you know, additional, you know, lighting so
we can, you know, play ball later into the night, that's a perfect use of that, but it's not
locking you into any specific project.
All right. So again, we just take that cost per person, that cost per job, we multiply it by
the demand factors. And so for a single-family unit, the proposed fee is about $4,000.
Your current fee is about $1,900. And, you know, the story here is, you know, just
cost -- or construction cost increases compared to, you know, the -- your current
study.
All right. Any questions for parks?
All right. Finally, we have streets, so again, a single service area. We're looking at a
plan-based street improvement component. This is Shea Boulevard. The plan is, you
know, 3.9 for lane miles over the next ten years at a cost of about $29 million. You'll see
how we get to this growth share over the next few slides, but essentially, that $29
million, you know, we can -- we can justify growth covering almost nine million of that,
and the remainder is the 70 percent MAG funding to cover existing developments or,
you know, the MAG share.
So this is the travel demand model. Really, what's important here is that very bottom
line where it shows if you have 70 existing lane miles today, then maintaining the level
of service for the next ten years means you need five additional lane miles. But when
we look at Shea Boulevard, it's 3.94 lane miles, so we can scale this travel demand
model back, which, effectively, reduces the fee. And so this just shows that. So now,
we're looking at 3.94 additional lane miles. And all the trip generation factors have
been adjusted downward, so it shows slightly less demand from each type of
development.
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This shows the two Shea Boulevard projects. So again, 3.94 new lane miles, total cost
of 29.3 million, but when we back out the MAG share, that's really $8.8 million that's
left. When we calculate the fee, we provide a credit for the existing fund balance,
which, in May, was about $900,000 in the Street Impact Fee Fund, and so, really, what
we're doing is just saying, hey, if it's -- you know, if the adjusted cost is just under $8
million, we divide that by 3.94 lane miles, so really, it's about $2 million per lane
mile.
Your current IIP uses just below $800,000 per lane mile, and so that's important to
really highlight the construction cost increase that we're seeing nationwide over the last
few years, but, I mean, that's really what's driving, you know, this increase. You know,
the proposed fee for a single-family unit is almost $7,000 for streets, and your current
fee is about 1,900, and, you know, it really comes down to those construction cost
increases.
This next slide, this shows a summary. So the top -- these are the proposed fees. So for
a single-family unit, the proposed fees --
WATTS: Can you go back to that slide for a second? You're talking about a tripling of
the cost, from 1,900 to 7,000, roughly?
GRIFFIN: Essentially, yeah, because the cost per lane mile --
WATTS: Oh, that's going to go over real well.
GRIFFIN: Yeah. And so this is another opportunity kind of like with the fire facilities
discussion of, all right, well, what does it mean for us? You know, do we look at, you
know, stretching this out a little longer? Do we look at, you know, some other
funding sources? But really, if you go from 800,000 a lane mile to two million a lane
mile, even if your level of service is exactly the same, that impact fee would be
higher because the cost used to calculate it, you know, has increased from 800,000 to
two million.
And so it's more of a discussion of, all right, well, do we put all this -- if we want to do
all, you know, 3.94 lane miles in the next ten years, do we put all this on growth, or do
we have another funding mechanism, or do we sort of stretch this project out and say
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it's going to serve more future development than over the next ten years.
WATTS: I would certainly hope that we find a way to minimize some of those impacts.
And I think --
GRIFFIN: Right.
WATTS: -- Paul's stepping up to give us more bad news.
SOLDINGER: Yeah. Not bad news.
WATTS: Just checking.
SOLDINGER: Just relevant, objective facts, hopefully.
So the rise in cost for the Shea Boulevard widening has driven the increase here. So we
just recently had talked about that in the public purview, right, that the original estimate
we had has more than doubled, up to 6.2 million. That was actually the amount that
Ben showed on one of these slides. I might be miss -- oh, that's the wrong -- completely
wrong slide. Am I going the right way? Okay.
GOODWIN: Two more. There you go.
SOLDINGER: Okay. That 6.2 million, that's the most -- the updated estimate that we
just received. So that caused us to reconsider the streets impact fee based on the plan-
based approach, right, because we've been already charging development -- developers
to do that project, but we're kind of in the situation now because of the rise in
construction, right? We've only raised about $900,000 towards that project now.
With that $6.2 million figure, we're on the hook for about $1.8 million when we -- for
the 30 percent share, for the Town's share.
So we're going to have to -- if we do move forward on it this year, which it is in the
budget, we're going to have to cover that additional $900,000 from other funds, which
is probably going to be the Capital Projects Fund. So we're kind of seeing it come to
fruition, rising in construction costs, and with that, that $23 million below is actually a
pretty conservative estimate of what we'll do starting in fiscal year '31.
Talking to MAG, the earliest we could receive reimbursement for Prop 479, so that
second phase of Shea Boulevard widening, would be 2031. Do we need to do it in 2031?
Not necessarily. Probably going to be a few years after that, so we have some time to
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build up those impact fees. But that's actually a very conservative estimate because it is
about three times the length in lane miles, and we only built in a pretty conservative
estimate of 15 percent total inflation over the next five to six years. So it looks like a lot,
and it is a lot. It would increase fees, but I would say it's pretty conservative in our
approach.
WATTS: I think one thing that we should try to keep in perspective, too, is that when
you look at the average size of a home in Fountain Hills, it's probably 2,500, 3,000
square feet, so the additional cost per square foot is in the area of $2 a foot, maybe a
little bit more than that. So rather than focusing on the doubling of the cost to the
developmental fees, I think we ought to make sure that the public knows about -- it's a
$2 increase per square foot, unfortunately, what all transpires there.
Were it a magnitude -- I'm hearing $7,000 versus $2 a square foot. I don't want to put a
mask on it, but I want to make sure we keep it in perspective, much like we've done
with the streets and making sure people understand that we can't get enough
contractors in town to do the work, and the logistics of all of that, you know, go for a
long ways. So just to comment.
SOLDINGER: Yeah. Thank you.
GRIFFIN: All right. So this is just a comparison. The top is the proposed fees, bottom
current fees, and off to the right, you see the difference. And I'll let you look at that for
another minute or so, and then we'll switch over and look at the single-family fee
comparison.
So this shows how you compare, with your current and proposed fees, to, you know,
other cities in the valley. So, you know, right now, you're sort of in the bottom third,
and this would, you know, put you towards the bottom of the top third. What you'll
notice is, you know, sort of whoever is the most recent to update sort of jumps near the
top. So, you know, Phoenix, Peoria, and, you know, Buckeye, the most recent to adopt
their fees, and they're, you know, right there at the top, and it's simply because they're
taking into account the much higher construction costs than, you know, in their previous
fees.
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MCMAHON: I have a question, please.
GRIFFIN: Sure.
MCMAHON: Fountain Hills -- in comparing to the towns that you're comparing them to,
a lot of these towns have a heck of a lot more property, land to build out, roads to add,
et cetera, and larger population, you know, a larger need, you know. So I guess I'm
asking, how did you look at that in relationship to, like, Fountain Hills and its population
and anticipated growth, et cetera, compared to others? Because I would think that it's
going to look high for us because we are smaller, and we have less land to build, et
cetera. So is that a reasonable way of looking at it, or can you explain this chart a little
bit better?
GRIFFIN: Yeah, I'll try.
MCMAHON: Okay.
GRIFFIN: So, you know, the level of service calculation, it's going to change for every
community because no one's going to have the exact same, you know, lane miles per
person or, you know, park acreage per person, but the costs are usually pretty similar.
You know, for, you know, a fire station, we're, you know, generally looking at, you know,
1,000, to 1,300 a square foot. You know, for, you know, a police cruiser, you know,
anywhere from, you know, 70,000 to 110,000.
So those types of things don't generally vary too much between communities, but it's
the level of service that's really going to drive this. And, you know, if a community has
a, you know, higher level of service in something and they're just wanting to maintain
that level of service, well, their fees, in theory, should be higher than a similar
community with a lower level of service paying the same costs.
And, I mean, it's -- I've said this so many times in, you know -- you know, public hearings
across the country over the last few years. It's the construction costs. I mean, they
have skyrocketed, you know. You know, five years ago, I remember being, you know, in
a stakeholder meeting in Buckey, and, you know, they were the first one to use $500 a
square foot in a -- you know, a fire facility fee, and, you know, I remember stakeholders
saying, hey, that's really a lot of money.
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And, you know, now we're 1,000, we're 1,300. So, I mean, it's really these construction
costs that -- you know, if your level of service was exactly the same between studies,
that construction cost increase is going to drive your fees up, and so it's a discussion of
how do we fund this? If we know we have to provide infrastructure, then who pays for
these growth-related costs? Is it growth, or is it existing development?
MCMAHON: Right. And there's no, like, premium charge or -- factored into this
because we are a smaller community, and we'd have -- we're landlocked, basically, in
some degree. So it's basically, truly, just based on construction costs, right?
GRIFFIN: Correct.
MCMAHON: Okay. Thank you so much.
LARRABEE: Well, you already partially explained this. I'm just hoping I can get some
good news out of it. The difference between the single-family and the multi-family fees
being because less people live in a larger amount of space than more people and -- well,
you get what I'm trying to say. What you said earlier. Is there any way to mitigate that
difference?
Because, I think, with our stakeholder meetings, there's going to be a little bit of a
concern toward -- I happen to be aware that there's developers who are under the
impression that they get punished for -- if they were to build a single-family home.
There's that incentive to build multi-family because smaller development fees, there's
different -- there's other incentives offered in other communities, and I'm just trying to
figure out if there's some kind of solution to make those two numbers look a little bit
more similar because right now, a single-family is nearly double the fee for a multi-
family.
GRIFFIN: Yeah, and I was trying to read tiny font. Yeah, I mean, for parks and for fire,
you know, it's based on the occupants per unit. So you're really only looking at .7
additional people in a single-family unit compared to a multi-family unit. I mean, when
you look at these -- you know, these proposed -- the fire and parks, they're not that
different. It's really on the, you know, streets side where you're seeing that big -- and
that's because single-family units generate more vehicle trips, about double the amount
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of vehicle trips than a multi-family unit, and so it's -- you know, it's hard to get around
that.
And, you know, just on average, there are more vehicles available in a single-family unit
compared to a multi-family unit. Generally, there are more drivers. So, I mean, that's --
it's hard to get past that. And, you know, we're using, you know, national data that
says, you know -- you know, on average, a single-family unit is, you know, nine and a
half trip-ins per day, and a multi-family unit is just over four. I mean, that's really where
you see the big difference here, and it just happens that it's on the fee category that is
the most expensive.
And so I think, you know, a way to do this -- and, you know, this is -- you know, Paul sort
of alluded to this -- is looking at the timing of this, and does it make sense for both Shea
Boulevard projects in this proposed IIP or do we look at maybe one, and then, you
know, if you funded that -- you know, the remainder of this first phase over the next five
years, then maybe you -- you know, you could focus on the next one in your next
update.
But then there's the risk of, you know, the cost coming in even higher next time, and
then you haven't collected anything towards, you know, that new project, and so it sort
of snowballs. But eventually, someone has to pay for, you know, the growth-related
improvements, and so it's, you know, just trying to figure out, you know, what is that
balance that, you know, you, as a community, you know, can handle.
LARRABEE: Thank you. Did you say -- the average trips between single-family, multi-
family, did you say you're using the national average for that?
GRIFFIN: Yeah, it's the national average. We can do a local average, but historically, in
the Phoenix area, it ends up making the single-family higher because --
LARRABEE: Really?
GRIFFIN: Yes, because it's so spread out that people are driving more. They have to go
more places. So it does generally help, in the Phoenix area, if we use the national trip
generation rates. We can definitely look at it and see if -- maybe with, you know, the
most recent census data, if, you know, maybe there's enough of a shift where, you
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know, maybe it -- maybe it doesn't follow this trend and maybe it's, you know, slightly
lower, but I'd be surprised if, you know, we saw more than, like, a ten percent discount.
LARRABEE: Thank you. I just -- as a comment, I'm fascinated by that because if we
have, you know -- we'll throw out a random number -- 30 people living in a multi-family
unit and each of them are going to work, and then the single-family of five is somehow
having more car trips in and out, I just find it odd.
GRIFFIN: Yeah, we can definitely take a look at that and see if -- you know, with a dated
census data if there's an adjustment to that.
GOODWIN: I just had a clarifying question. It kind of goes along with what the Vice
Mayor was just talking about, then maybe you can help us define it. We were sort of
talking about it says, you know, fees per unit, and if a multi-family has -- is it 30 units in
it? Is there a standard number? Because some multi-families are quadplexes, right?
There are -- there are four or five. At what point -- if you have an apartment complex of
100 units, are they paying as a single unit, or is it per -- how does that get mathed?
GRIFFIN: So they would pay for every unit because we're saying for the -- you know, the
lifecycle of this single unit, you know, this is the infrastructure cost related to it.
GOODWIN: Okay. So if I have an -- if I'm a developer, and I build a 100-unit apartment
complex, I'm paying this number times 100?
GRIFFIN: That's correct.
GOODWIN: Okay. I think that may clarify a little bit about what you're -- in terms of
incentivizing a single-family versus a multi-family facility.
I'm also going to chime in that it's a few minutes after 5, and our next meeting starts at
5:20, so I just wanted to keep everybody aware of the time.
GRIFFIN: And that is the final slide. So any other questions or comments?
All right. Well, thank you.
GOODWIN: Thanks so much, Ben.
MAYOR FRIEDEL: Can I get a motion for adjournment?
LARRABEE: So moved.
MAYOR FRIEDEL: Second?
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MCMAHON: Second.
MAYOR FRIEDEL: All in favor?
ALL: Aye.
BENDER: Mayor, seven-zero.
[Adjourned at 5:07 p.m.]
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HAVING NO FURTHER BUSINESS, MAYOR GERRY M. FRIEDEL ADJOURNED THE WORK
SESSION MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL HELD ON JUNE 3, 2025, AT
5:07 P.M.
APPROVED:
____________________________________
GERRY FRIEDEL, MAYOR
ATTEST:
____________________________________
BEVELYN BENDER, TOWN CLERK
CERTIFICATION
I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF
THE MINUTES OF THE WORK SESSION COUNCIL MEETING OF THE TOWN COUNCIL,
FOUNTAIN HILLS, ARIZONA HELD ON JUNE 3, 2025. I FURTHER CERTIFY THAT THE
MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT.
________________________________
BEVELYN BENDER, TOWN CLERK
DATED this 2nd Day of September 2025.
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TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL June 3, 2025
A Regular and Special 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 Larrabee; Councilmember Gayle Earle; Councilmember Brenda Kalivianakis; Councilmember Peggy McMahon; Councilmember Rick Watts; Councilmember Allen Skillicorn
Staff Present: Town Manager Rachael Goodwin; Town Attorney Robert Wingo; Town
Clerk Bevelyn Bender
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Post-Production File
Town of Fountain Hills
Town Council Meeting Minutes
June 3, 2025
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.
* * * * *
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CHAIRMAN FRIEDEL: Thank you. So before we go into our next meeting, anybody that's
here to comment on the Palomino reconstruction, that will be on Agenda Item 8A. That
is part of our budget talk. So it is on the agenda for tonight. So if you have a comment
card that you want to fill out, it'll be -- we'll be taking comments on 8A.
And with that, we'll move into our meeting. I'm going to call this meeting to order. And
please rise for the Pledge of Allegiance, and remain standing, if you choose, for the
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.
MAYOR FRIEDEL: And tonight's moment of silence, I would like to have that honor the
people in Boulder, Colorado that were attacked with a terror attack in our country. We
stand behind our Jewish community and their brothers and sisters up in Boulder,
Colorado. So a moment of silence, please. Thank you.
And we'll start with our reports by Mayor, Councilmembers, and Town Manager.
Rachael?
GOODWIN: Mayor, do we need a roll call before we get going?
MAYOR FRIEDEL: Oh, I'm sorry. Yes, a roll call would be nice.
BENDER: Mayor Friedel?
MAYOR FRIEDEL: Present.
BENDER: Vice Mayor Larrabee?
LARRABEE: Present.
BENDER: Councilmember Earle?
EARLE: Present.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Here.
BENDER: Councilmember Watts?
WATTS: Present.
BENDER: Councilmember McMahon?
MCMAHON: Here.
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BENDER: Councilmember Skillicorn?
SKILLICORN: Present.
MAYOR FRIEDEL: Okay. Rachael?
GOODWIN: All right. Let's try that again. Thanks, everybody, for being here. We have
a nice crowd here tonight.
I have two quick things. I wanted to first thank the many volunteers and our local
veteran community for a moving flag display and service honoring our fallen heroes for
Memorial Day this past week. So I know we had a lot of folks out, and our parks and our
Avenue looked very patriotic, and it was very moving.
In other news, we just announced this week that we have introduced Misty, our new AI-
powered chatbot, which is available on our website. I think we sent something out.
There's some information about it online. But Misty's here to help answer common
questions, guide you to the information you need, and make navigating our services
quicker and easier any time, day or night.
This new feature is part of our ongoing effort to improve access, enhance
communication, and provide faster support to all residents and visitors. Whether you're
looking for permit information, meeting schedules, or just helping find the right
department, Misty is ready to assist. We hope you find the new tool useful, but it is
new, and as always, we're always welcome for feedback as we continue to improve the
online experience. So if you haven't had a chance yet, you should hop on and ask
questions.
Mayor, I know you've had a chance to, and it's pretty entertaining. And she's very
smart.
MAYOR FRIEDEL: It is, and it's a great enhancement for the town.
GOODWIN: Yes. And she's very smart.
That's what I have, Mayor. Thank you.
MAYOR FRIEDEL: Councilwoman Earle?
EARLE: Thank you, Mayor. First of all, I had a really -- well, I wanted to say that my
husband and I enjoyed eating at Euro Pizza Saturday night while we got to watch -- oh,
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and with some people in the audience here. Hey. And it was nice seeing the kids at the
splash pad and the parents under the shade structure that's being used with all of them.
So thank you.
And also, not only is June 14th, which is coming up, Flag Day, but it's also the 250th
anniversary of our Army, the U.S. Army, which is the largest branch of the U.S. military
and was formed more than a year before our Declaration of Independence was
issued.
That's it for me. Thanks.
MAYOR FRIEDEL: Councilwoman?
KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, it's good to be here tonight. Thank
you, everybody, for coming. It's -- for the people at home, once again, we have
almost a capacity crowd, and it's so nice to see the people from Fountain Hills are
engaged in their local government. That is a key to good governance is civic
awareness. Also, you know, welcome to the people on Cox Channel 11, YouTube, and
livestreaming.
I went to a Memorial Day service. Actually, not in Fountain Hills. It was in Gilbert
because, as a member of the Desert Valley Community Winds band, our band was
invited to play there, so I got to spend that morning with the services, and --
remembrance services with the Town Council of Gilbert, and I actually got to play for
them, which was kind of nice. Later that afternoon, we did the Taps Across America
remembrance last Monday afternoon, and once again -- that was, I think, the fourth
year we've done that now, and it's very special. We had a nice program with patriotic
music. We sang hymns, had service sets for all the branches of the military, and then
we did Taps at 3 o'clock.
I served, this past week, on the Budget, Finance, and Economic Development
Committee as far as the Arizona cities and towns. We talked about two different things.
To amend the home rule provisions of the -- Arizona and amend the constitution. That
was tabled for further study. The second one we did was property disposition donations
from larger municipalities to smaller municipalities. That one went to further study, but
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I don't think that's going to pass because there's implications of a gifting clause, which is
a legal issue that wasn't addressed that we addressed, and there's a possible problem
there.
Also, I had the Arizona -- the public safety, military, and courts. We did -- again, we
discussed the Arizona public safety personal budget system and how to expand that
to various different entities. Again, that was sent to a possible resolution, which will go
to a committee. That'll be studied and go to possible legislation in the Arizona
legislature. And so those committee meetings are very exciting. I really like being a part
of that.
And that's my report today. Thank you.
MAYOR FRIEDEL: Councilman Watts?
WATTS: Thank you, Mayor. And I'm going to need a couple of extra minutes, if you
don't mind.
So I attended the GPEC recap, and understand that GPEC looks at larger organizations
that can bring a bigger footprint, bring more employment, so I hope to work with
Amanda to make sure that we can maybe ask them to look at the little, smaller ones
that would fit our venues better. I provided updates and met with John, our Director of
Building Services, and Dan Kovacevic to talk about the 5G update. We provided
definitions, 80 some definitions, and we'll see how many of them actually make the final
cut. The Mayor's Coffee, I attended that. And today, it was TAMA, and understand their
concerns about the development on the Avenue of the Fountain.
But the more important issue that I wanted to talk about was -- that occupied the
majority of my time this week was responding to the numerous reports -- reporters that
had questions about Councilwoman Kalivianakis' letters and emails reported on the
egregious actions of the Town Council. I'd like to take a minute to address the absurd
drivel made by Kalivianakis (indiscernible) --
MCMAHON: (Indiscernible).
KALIVIANAKIS: Mr. Mayor, I -- point of order. This is out --
MCMAHON: Thank you.
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KALIVIANAKIS: -- this is out of line.
MCMAHON: This is not part of what we're talking about.
MAYOR FRIEDEL: I hear your point of order. It is not recognized right now.
Councilman Watts, please continue.
WATTS: -- published on the Democratic --
KALIVIANAKIS: I assume I'll have a chance to respond?
MAYOR FRIEDEL: Councilman Watts, please continue.
WATTS: -- on the Democratic and Facebook pages, the opinion section of the Fountain
Hills Independent, and several other news organizations around the state. Curiously,
not one inquiry from the Fountain Hills Independent about my position and why. Even
as late as last night, Kalivianakis was still stirring the pot with Facebook's warnings of
pending dire consequences.
Before I go on, I'll repeat and affirm my statement that Kalivianakis (indiscernible) for
the benefit of anyone who has not seen the headlines. I -- quote, "I am dissatisfied with
the Times' reporting. I believe it is time to reconsider the reporter's table. If the Times
personnel cannot report impartially and based on facts without resorting to sensational
headlines and biased coverage of the Council and various commissions, then there is no
reason to provide any special seating accommodation," end quote.
To be clear, my statement was in no way, shape, or form intended to imply any
suppression of freedom of speech or freedom of press. All news organizations are
welcomed and encouraged to attend and report on all public meetings by taking a seat
with and in the audience. No special meeting should favor one organization over
another.
The Council is and will continue to strive to make decisions based upon the totality of
public input and sentiment regardless of political affiliations and should not be misled or
misinformed by sensationalized headlines or talking points taken out of context. Taking
comments out of context, embellishing, and giving favor to either side of the aisle is not
acceptable or supported in a town that supports its council being nonpartisan. The
claims of retaliation, retribution, punitive actions are ludicrous. There's no legal
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requirement to provide special seating arrangements for reporters beyond what is
provided to all residents and nonresidents, open seating for all public meetings.
MAYOR FRIEDEL: Hold on. Councilwoman McMahon, we have a meeting.
MCMAHON: I know. I had a question.
MAYOR FRIEDEL: Okay. That can wait until after the meeting.
I'm sorry. Continue, please.
WATTS: The claims of retaliation, retribution, and punitive actions are ludicrous.
There's no legal requirement to provide special seating arrangements for reporters
beyond what is provided to all residents and nonresidents, open seating for all public
meetings. Fair and equal treatment for all. Fair and balanced reporting is hoped for and
is essential for true transparency and public confidence. Even the White House press
room has seating that offers no advantage to one organization over another. All
reporters are and should be treated fairly and evenly.
I believe that Kalivianakis' comments are simply attacks and distractions designed to set
the stage for her reported pending candidacy for mayor, the simple tactic of disparaging
and making other candidates look questionable in the eyes of the voters. Tried and true
or not, I believe that the voters of Fountain Hills --
KALIVIANAKIS: Mr. Mayor, are you going to let this go on?
WATTS: -- will see --
KALIVIANAKIS: This is actually --
MAYOR FRIEDEL: Stop.
KALIVIANAKIS: -- a political speech now.
EARLE: You're out of order.
MAYOR FRIEDEL: Stop.
EARLE: You are out of order.
KALIVIANAKIS: He is out of order and you are out of order and you are out of order.
This is a political speech where people are trying to assume that I am all -- my rationale
is to run for the mayor.
MAYOR FRIEDEL: You have not been -- you have not been recognized by the Chair. Will
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you please stop?
KALIVIANAKIS: This is completely unprecedented, Mr. Mayor, to let somebody ramble
on like this. And it's supposed to be the things that we have done in the last week.
WATTS: This has been very time consuming for me. I don't know about you. It seems
like it.
KALIVIANAKIS: Well, when people stick their foot in their mouth that deeply, then yeah.
WATTS: I believe that the voters of Fountain Hills will see through the efforts of what
the accusations --
MCMAHON: (Indiscernible).
WATTS: -- really are, false narratives. Is this what we should expect during the
upcoming election cycle? I, for one, support focusing on issues that directly affect the
town and our residents. I believe that Councilmember Kalivianakis owes the Town of
Fountain Hills, its residents and councilmembers, an apology for making such outlandish
and unfounded comments denigrating the councilmembers and, thereby, the Town of
Fountain Hills.
By the way, there is a Facebook posting that asks when I will apologize for the statement
that I made about the reporter's table. My answer is simple. Never. Thank you.
MAYOR FRIEDEL: Town Attorney?
WINGO: No, I was --
MAYOR FRIEDEL: Town Attorney?
WINGO: We do have to be careful about limiting the scope of current events to current
events and matters pertaining thereto. There can't be any debate, and we're starting to
cross that line, so we should cease it right now.
MAYOR FRIEDEL: Thank you. Councilman Skillicorn?
SKILLICORN: Thank you, Mr. Mayor. I just want to wish everyone a happy Veterans
Appreciation Month. And also, I'm really interested in the emails I've been receiving.
We had a lot of residents that, you know, are talking about, you know, street repairs
and their opinions. I want to thank you for your input, and your voices are heard, and
hopefully, we'll have an opportunity to discuss that this evening. Thank you.
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MAYOR FRIEDEL: Councilwoman McMahon?
MCMAHON: Thank you. I remember, a couple weeks ago, that you made a point that
we only had a short period of time and that, definitely, our comments had to pertain to
what we were doing for Council and not personal, not political, and other things. And I
object to what just happened because I think it's -- it was inappropriately stated up
here, regardless of how I feel either way, you know, but I would appreciate it, in the
future, if you would stick to the rules you set, and thank you very much. And also, you
know, when either of us want to speak, being recognized. Thank you.
MAYOR FRIEDEL: Vice Mayor?
LARRABEE: Hi, everybody. Hoping you had a wonderful Memorial Day. The service was
absolutely gorgeous. Thank you to our Rotary Club and anyone else who may have
helped for setting out the flags around the fountain. It was gorgeous. And to our Mayor
for lighting the fountain red, white, and blue. I also wanted to say a congratulations to
the Fountain Hills Falcons Class of 2025. They had their graduation recently. And, you
know, I got to say the -- responding to comments has taken up some of my time the past
couple weeks, too, but I think Councilman Watts said it best, so I'll leave it at that.
KALIVIANAKIS: Do I get a moment to respond?
MAYOR FRIEDEL: Can you wait until I'm done with my report? Thank you.
LARRABEE: There is no debate.
MAYOR FRIEDEL: There's no -- there's no debate.
So we did have a busy -- a busy period of time. The Town Manager and I met with the
Sister Cities people, and it was really a great meeting, and we learned a lot about sister
cities and what their plans are for the future, so we appreciated that.
I met with the mounted deputies from MCSO, and I got my junior deputy badge, and I
have it on here tonight. So it's part of our visibility initiative in the town. MCSO is going
to be much more visible in our community. They have had the mounted deputies out a
couple of times now. And starting in June, I think, Captain Thomas is going to tell us
about some other things that are happening with our visibility initiative in the town.
So it's really good to have that cooperation and connection with our sheriff's
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department.
And I want to give a shout-out to all the people who helped at the Falcon Fiesta
decorating. There were a lot of us that were there at 8 o'clock on Friday morning, the
day of the graduation. I was also at the graduation as well, and it was really a nice
ceremony. And I couldn't believe how many people turned out for that. So that was
really, really nice.
I attended the SRP luncheon in Tempe with mayors from a couple of other cities, and
that was a great fireside chat. We all have some same issues that we're dealing with in
towns, and we also have some differences, so it was good to learn a lot about the City of
Mesa and Queen Creek, and we appreciated the opportunity to be there.
We had the Sweet Corn Market. That was this Saturday. And that's running every
Saturday now until June 29th. So that was packed as well. And a lot of vegetables and
goodies there. They had 25 different vendors down there, so that's really well-
presented.
And we had a recent meeting with the President, Sandra Pattea, from Fort McDowell
just this week to introduce ourselves and meet her. She's new on the job, I'm new on
the job, so it was really a good meeting. And we're planning a future meeting coming up
with their council and our council as well, so that would be -- we're looking forward to
that, working together with them. We have a lot of -- lot of things in common, and
they're right next door to us, so we're good neighbors.
Memorial Day was a great day in the Town of Fountain Hills. As the Vice Mayor
mentioned, the Rotary -- and I was out with them. We set up over 4,000 flags around
our fountain and down the Avenue, and it's such a tremendous look and such an honor
to be able to do that with these people. We also had the Memorial Day ceremony at
our war memorial. And by the way, our road was just about done. The second layer
was just about finished on the repavement on that road, so the timing was perfect. The
ceremony was outstanding. And it was, literally, standing room only there, so it was
great to see so many people come out and honor and be a part of that Memorial Day
ceremony there, so --
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And as Rachael mentioned, Misty is off and running. So this is something that the Town
has been working on for -- or talking about for several years, a redesign of the website,
and also making it easier for our residents to navigate that website. So you can go out
there, you can ask a question. So I want to give kudos to Mike Pelton, who is the -- our
Public Information Officer and the guy who's in charge of this and getting this done for
this town. It's been long-needed and very well-received so far.
So thank you. That's all I have.
KALIVIANAKIS: May I have a moment to address the allegations against me, Mr. Mayor?
MAYOR FRIEDEL: We're not -- we're not having discussion.
KALIVIANAKIS: So he gets to say his spiel, but I don't get to respond?
MAYOR FRIEDEL: It's not a discussion.
UNIDENTIFIED SPEAKER: That's a disgrace.
KALIVIANAKIS: Thank you.
UNIDENTIFIED SPEAKER: Don't (indiscernible) Mayor (indiscernible).
KALIVIANAKIS: This -- what's happening here is -- it's obvious that the finger is on the
scale of the justice in this town, and the Mayor is giving favor to his friends, and he is
punishing who he perceives his enemies.
MAYOR FRIEDEL: Councilwoman --
KALIVIANAKIS: And I think -- and I think that it shock --
MAYOR FRIEDEL: You're out of order.
KALIVIANAKIS: -- it shocks the conscience --
MAYOR FRIEDEL: You're out of order.
KALIVIANAKIS: -- and everybody can see what's happening here, Gerry.
MAYOR FRIEDEL: You're out of order. They can read everything you have in the papers
and online. That's enough.
Now, we'll move on to our presentations, and I think -- Rachael?
GOODWIN: Mayor, first up, we have Captain Thomas. He's our new captain here in
District 7. This is his first time addressing the Council and sharing an update.
JACOBS: Teamwork makes the dream work.
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GOODWIN: Being his first time, which means he doesn't know our protocol or our -- or
our AV plans here. So thanks, Amanda.
JACOBS: You're welcome.
THOMAS: Well, good evening, Mayor, Vice Mayor, Manager, Council. I'm glad to be
here. First time since I've got to speak to you officially from the podium since I've taken
over, since March, and I'd like to start off by voicing -- and a lot of people don't get to
hear this, but behind the scenes, stepping into this position, learning about Fountain
Hills, getting to know the community and working together with the Town department
heads, the Manager has been an amazing experience so far. So I'm really glad to be able
to sit here and give a little bit of a update on MCSO and continue going forward. I think
a lot of good things are coming, and a lot of good things are in the works.
Brief overview. I have a few slides here, but this isn't going to be a real long
presentation. I'm working with the Town Manager and the Mayor, in general, on
putting together some regular reporting that shows what the Town is experiencing as
far as calls for service and topics that are popping up.
As you see here, we have 20 deputies assigned here to what we call our District 7
substation, seven sergeants. Two of them are specialized in internal and admin
positions. And then we have two deputy service aides, and they're really good for
freeing up our deputies to respond to other calls for service that don't require a warrant
officer present to help out at accidents and kind of free up our personnel to go to take
the more priority calls for service.
Bit of good news I got today is that we're getting ready to onboard a brand new deputy
service aide, and this gentleman is a Fountain Hills resident, so it'll be nice. Hopefully,
we can get him on and going before July, but at the latest, early July, he will be on board
and out there in the community.
One of the things I do whenever I move in -- oh, and let me follow up with that. We do
also -- I don't know if it's been reported to the Town before, but we do have a co-
responder that's assigned to District 7 for Fountain Hills. A co-responder is somebody
with mental health training and are available to go to some of these calls, because we
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get called to so many things on a regular basis that might not be -- you know, a
traditional law enforcement approach might not be the best approach for that situation,
and that's where these co-responders come in.
And looking at what we have personnel-wise, ability-wise is one of the things that I take
a look at when I step in as the commander at a new division. I do -- not -- audit's not the
best term, but it's the one I could think of right now, but a good look under the hood
and see what the Town is facing, what we're responding to on a regular basis, and how
to best use those resources.
I'll start off with the calls for service. Just for anybody that doesn't know, calls for
service, you know, somebody's calling in. We get word from somewhere else, or
sometimes it could just be our deputy is out there seeing something and letting dispatch
know that they're responding. We categorize those in priority 1, 2, and 3. Priority 1 is
the obvious, like, hey, there's an emergency, I need help right away, get over here.
Priority 2, things like suspicious persons, vehicle accidents with injuries. Priority 3 would
be your typical alarms, property crime reports where there's no suspect or anybody
there, community service events, and patrol vacation watches. As I go to the next slide,
you'll see a priority 4 one. Basically, that's just our guys off duty.
So one of the things I thought would be interesting to the Town and the Board is our
response times for Fountain Hills. The majority of Fountain Hills falls within three beats,
and those are called 741, 742, 743. So if you guys can -- yeah, you guys can see the
chart there. The priority 1 one, the emergency calls, our dispatch time for the time the
person calls in until that dispatcher gets that call out to our patrol units, that average
time, it shows right there, 58 seconds. Response time, three minutes.
Now, you'll see the difference between priority 1, 2, and 3, that the average time on
scene and average total time, there will be a big difference there. You know, sometimes
we'll be on those scenes for hours. Obviously, if those are big priority incidents where
people are arrested or evidence is being collected, we're going to be at the scene a long
time on those.
So 741, for those that don't know, you think about Saguaro and Shea in downtown
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Fountain Hills, Firerock, Eagle Mountain communities. 742 is going to be the -- west of
Fountain Hills Boulevard pretty much. And you'll see the times for response for priority
1, 2, and 3, pretty consistent, but on that bottom table, you'll see that the calls for
service for priority 1, you know, there's just two of them, so with those lower numbers,
that can really affect the average. And this 743 beat is north of Golden Eagle
Boulevard. And again, the big takeaway here is our response to those priority 1 traffic
calls.
Now, along the lines of me looking at this in the big picture and trying to allocate our
resources, I go and I kind of dig into the numbers to the reports that I can access and
kind of glean whatever data I can to make the best decisions for how we -- how we run
the district. So this is just a interest topic here I started from January until about mid-
May when I produced this report to see kind of how we fell for our event numbers,
meaning a deputy's called to something, a deputy sees something and reports that
they're on a call. That's what those numbers represent, and that's by each month. And
usually -- that was about halfway through May, so as you see, our table is pretty steady
here. We hit -- March jumped up a little bit, but we hit about the same amount of
numbers of events each month.
And this is just a little further to show kind of what days of the week we are more
tasked, our guys are busier than other days. And that just gives me a different view and
different ways to show the same type of activity that I'm looking for. You guys can see
that green area right there. For all of 2025, from the beginning of January until mid-
May, that'll show you that we really get started about 8, 9 o'clock with our calls for
service, and it slows -- it peaks at 3 o'clock in the afternoon. And that's consistent
across all the measurements that I was looking at was that 8, 9 o'clock until 3 o'clock in
the afternoon. And then we did it by day of week -- by day of the week.
So this -- what this does is help me whenever I have to put together a schedule change,
and that's what I did. When I come in, I -- we talked about how we were going to set up
the schedule to try to address some other topics that come up. So we -- what we did is
we switched our district to four 10s and three 13s, and what that did is it gave us the
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ability to reallocate resources we already had in a different way. And that new
schedule's going to get started on June 9th.
Now, I didn't want to not bring some stat information to you guys on kind of what's
going on, so I did grab a '24 and '25 comparison. And as I look at the -- and this slide
isn't up here, so I apologize for not having that ready for you guys, but the major crime
indicators that everybody's interested in whenever they get these reports, we're
showing that we're pretty consistent across the board. And those major crime
indicators are assault, theft, burglary, motor vehicle thefts, things like that. There's --
for our top 20 calls for service, in general, those are at the bottom of the list for us as
Fountain Hills, which kind of reintegrates that, you know, Fountain Hills is a safe
community. We're not changing a lot year from year.
And what I do have our intel analysts working on is a three-year study. I saw that one
was done for the Board and the Town years ago, and what it did is it compared
Fountain Hills, Mesa, Tempe, other towns even in the west valley that were similar
population demographic size and compared all of those with each other, and when I
was looking at that old report, it was pretty consistent with this, which also said, you
know, Fountain Hills is a very, very safe community. But I got that -- working on it. I
should have that for you guys first quarter of '26 and be able to provide some
interesting information.
So now that we're going to start this new schedule, we have Squad 5. I talked about
reallocating resources. This Squad 5 we're going to use to kind of enhance our
community-oriented policing and engagement, and by doing that, the Squad 5 will
overlap with some of our regular daily patrol functions and give us the ability to kind of
target topics that pop up.
The Mayor and I had a couple discussions about the visibility initiative and how all this
works together to address issues like vandalism, thefts, and what we're going to be able
to do with our mounted patrol, our bike patrol, and foot patrol in some of these areas is
just increase that presence all around, where our Squad 5 guys will be working with our
Chamber of Commerce where we go down and talk to them, talk to the business
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owners, get with the community, and we'll be able to take all this information that we
get to be proactive whenever we do patrol and hit hotspots. As I said, the flexible
working hours by Squad 5 will give us the ability to adjust as things come up and, you
know, focus where we need to.
Now, when I -- when I look into what's going on, the reports that we get, the summaries
from the incident reports that come in, you know, I'm looking for trends, and one of the
things that were really concerning whenever I would review these reports was it
seemed to me I was seeing a lot of financial crime problems coming up, especially with
the community here in Fountain Hills especially. So across the board, there's been an
uptick in financial crime problems.
For example, there was a couple of them recently here with our residents that the crime
totaled over $1 million of money that people were scammed out of. Those
investigations, as I'm sure everybody is aware, are very hard to investigate. They take us
back, if we can even get back, to people in the big three, like China, India, Russia. And,
you know, obviously, the ability for us to go and bring justice to these people that have
been wronged is very limited, so the best thing we could do is get out in front of it and
get information out there, let people know be suspicious of everything, here's how they
are doing these things.
We talked about -- earlier, in the beginning, I think, the Town Manager brought up AI
that was -- that we were using for the town. Well, AI is used on the negative side, too.
There was a recent release in the last three months of -- I don't know if it was Google or
what, but an engine that produces AI, and now it's gotten so good, it's really difficult to
differentiate that if you're not paying super close attention. And that's just another
avenue -- these people are not going to stop trying to find new and innovative ways to
get money out of people. And for, like, Det. Roberts here, who investigates these
things, it's heartbreaking because you're talking to somebody that's worked their whole
life, and, I mean, they're out 80, $90,000, $1 million that we'll probably, likely, never see
again.
But with that being said, I'd like to go ahead and ask Det. Roberts to come up and talk a
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little bit about it, and then after he's done, I'll give a little bit information, answer any
questions that you guys might have.
ROBERTS: Good evening, ladies and gentlemen of the Board. I appreciate the time to
talk to you all about this. We are investigating several crimes, but in addition to the
investigations, we're actually running programs to actually educate the community
about what's going on, how to protect themselves from different types of scams, how
they work, and the red flags you need to see in order to understand that these scams
are happening.
Unfortunately, a lot of these scams that we come -- become involved in are after the
fact. The major one that we're actually dealing with right now is -- it's a currier scam,
and what they're actually doing is they're running different scams and having the victim
draw out large amounts of money, 40, 50, $60,000 out of the bank, package it up, and
somebody comes by to actually take that money from them. In addition to cash, they
are actually asked to buy gold. Same thing. They package it up, and a currier comes and
picks it up.
We've tried to do several different things in order to capture these individuals.
Unfortunately, because we're behind the eight ball constantly, usually the first fraud
already happens, then we're notified. We need to get ahead of it, and one of the ways
we are going to get ahead of it is by education. And again, that's why not only do I do
investigations, or, actually, I should say the Financial Crimes Unit for Maricopa County
does only investigations, we also do the education. We have a PowerPoint that's about
45 minutes long with about another 15 minutes of questions, and we're trying to give
that to every community that we serve, basically east, west, and all over. So that's what
we're trying to do.
And unfortunately, like the Captain said, a lot of these things are overseas, especially
the bitcoin scams or the cryptocurrency scams. These are all overseas. And
unfortunately, one of the things that we deal with is there's nothing we can do, only
because it's -- I have county powers. I don't have state or federal powers. So again,
that's why the education is very, very important. We need to get as many ears to listen
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to this presentation as we can in order to go ahead and try to get ahead of this. My
ultimate goal is to have these guys go away penniless, hungry, and homeless, but it's
kind of hard to do. So that's what we're looking at.
And one of the major takeaways from our presentation is, basically, if you don't know
the person, do not give them money. I know it sounds very simple, but unfortunately,
these guys are very, very good at what they do. That's why they continue to do the
scams. If you don't know them -- I don't care if they're saying, you know, they're your
parents or anybody. If they're on the phone, don't give them money. And that's, like,
the major takeaway of the 45-minute presentation, so you got a crash course. So like I
said, you just got to be very, very careful, be very alert. And like I said, education is very,
very important in this -- in this process. Thank you very much for your time.
MCMAHON: I have a question, please, sir.
THOMAS: Go ahead.
ROBERTS: Oh, I'm sorry. I'm sorry.
MCMAHON: If we would like you to give a presentation, how do we get in contact with
you to do that?
ROBERTS: We have --
MAYOR FRIEDEL: We're --
ROBERTS: Oh, sorry.
MAYOR FRIEDEL: We already have one planned.
MCMAHON: Well, I would like it -- to know it for myself firsthand as well.
MAYOR FRIEDEL: Town Manager, would you like to --
MCMAHON: Thank you.
MAYOR FRIEDEL: -- fill us in on that?
MCMAHON: You keep cutting me off.
GOODWIN: Councilwoman, we do have a plan in place for a presentation. However, if
you'd like more information to be able to present to HOAs or other community groups --
MCMAHON: I would. Thank you.
GOODWIN: -- we can certainly get that to you.
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MCMAHON: Thank you very much. I appreciate it. Thank you, sir.
KALIVIANAKIS: Yeah, it would be nice to get the memo on some of these things.
MCMAHON: Thank you everything -- for what you do. It's really, really important, and
so -- and I know it's, like, a hard gig, so to speak, but thank you so much.
ROBERTS: Thank you, ma'am.
MCMAHON: And I do have a question for the sergeant as well.
ROBERTS: Okay. Thank you.
MCMAHON: Who -- whatever. Squad 5 --
THOMAS: So --
MCMAHON: Can I ask you a question about Squad 5 and how --
THOMAS: Absolutely.
MCMAHON: -- how it's working? Is it additional people? Is it the -- it's under the
contract? Is it costing extra money? Could you please explain that? Thank you.
THOMAS: Absolutely, ma'am. So the new schedule for Fountain Hills District 7 does not
go into effect until June 9th, so with the -- with the reallocation of the hours that these
guys work, it gives us the ability to have Squad 5 overlap some of the existing schedules
because with that -- those hours, the four 10s and three 13s, you can actually do so and
cover the 24-hour coverage with less bodies but still have that extra personnel from the
Squad 5 overlap, which gives them the ability to go and do some of these things, go out
and be visible, go make these contacts with the business owners and the community.
So there's no additional cost. And it officially kicks off on June 9th.
MCMAHON: So it's not taking away from any other patrols or anything like that?
THOMAS: Not at all, ma'am.
MCMAHON: Basically, what you're saying, it's enhancing community services in the
safest town we have?
THOMAS: It gives -- it does give us the ability to focus those people on more of these
things that I was talking about with the contact and the Chamber of Commerce and
going out and taking that information and tailoring our patrol response and our visibility
in these -- in these specific areas based on that information.
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MCMAHON: I'm -- I guess I'm having a little bit of difficulty with it because we're an
extremely safe town, and is this, like, a PR thing, or what's the ultimate result in it,
because --
THOMAS: The ultimate result is the connection to the community. So whenever we
find out that vandalism is upticked or something as simple as red light or stop sign
runners --
MCMAHON: Okay.
THOMAS: -- in a certain area. It gives us the ability to have personnel respond and give
time to those exact things that are --
MCMAHON: Okay.
THOMAS: -- that are concerns in the community.
MCMAHON: Thank you for explaining it in that detail because I wasn't able to
understand.
THOMAS: No problem. Sorry I wasn't more clear there.
MCMAHON: That's okay. Thank you.
THOMAS: So to piggyback on Det. Roberts, our first community event will be held on
Thursday, June 26th at the Fountain Hills Community Center, 13001 North La Montana
Drive. I encourage everybody -- even though you guys might be very succinct and able
to spot these scams, somebody you care about and somebody you love might not be
able to. So if you guys can encourage them and even go with people that you know that
could fall prey to these things, it would do a -- it would do a world of good.
And this isn't going to be the only time we're doing this. This is something that's going
to have to be repeated and repeated and repeated just to help because the Fountain
Hills community is targeted because of the makeup of the community, right? So I would
encourage everybody to take these opportunities to learn and see what's out there
because sometimes, it could be very shocking what you don't know and how good these
guys have gotten at this.
GOODWIN: Captain --
Any other questions?
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GOODWIN: Captain, can I ask you one quick question?
THOMAS: Absolutely, ma'am.
GOODWIN: You mentioned it's June 26th, correct?
THOMAS: Yes.
GOODWIN: At what time again?
THOMAS: Oh, it's from 4 to 6 p.m.
GOODWIN: From 4 to 6 at the Community Center?
THOMAS: Yes, ma'am.
GOODWIN: Okay. So -- and for those of us here in this, I wanted to share that we will
be working with MCSO to help spread the word. It's free to the community. We'll be
using our resources, including Facebook and other media, to help spread the word so
that we can educate our community and that -- I want to clarify that you -- or I should
say MCSO and your staff are willing to do these presentations again for -- whether it's
for other civic groups or HOAs, whatever we can do to help educate our community on
these risks; is that right?
THOMAS: Absolutely, ma'am. This topic is just exploding, and we welcome the chance
to talk to every community and outlet that we can to put this message out there.
GOODWIN: Wonderful. We'll work to make sure that the community knows how to get
ahold of you just to make those -- to schedule that.
THOMAS: Thank you.
MAYOR FRIEDEL: Thank you. Our next presentation, Rachael?
GOODWIN: All right. Our next presentation is from Amanda Jacobs. It's our Economic
Development third-quarter update.
JACOBS: Good evening, Mr. Mayor, members of Council. As Manager Goodwin
mentioned, this is our third-quarter update, from January through March of this year. In
full transparency to Council, the public, whoever's viewing at home, the packet that has
been posted has been updated by me. During the different slides, I will say what I have
added. And also, stay at the edge of your seats because I have a big announcement that
I'll be sharing, and with the Mayor's permission, if you feel like clapping, you may.
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Thank you, Councilor Skillicorn. He's getting ready.
Well, so as always, we talk about business attraction, and so Cafe Bliss, there's been a
lot of stuff on social media. If you have not been there, I encourage you to. So they do
breakfast and lunch. And if you like a good quiche, I've tried a quiche. It's very tasty.
And so they have filled a part of the former Sipps location, so not the full, so there is an
extra vacancy there.
On business attraction, new openings, Arizona Legacy Builders, LLC, has opened,
obtained a business license. They are located on the Avenue. There are five employees.
And so they do custom design and building for commercial and residential. As always, I
do see a lot of new faces. I don't go over all the coming soon. So the font that is in
black has been discussed previously, but we just received word, so getting some
building permits ready, working on a business license, but right next to Georgie's, again
on the Avenue, so excited to see the Avenue filling up, Snowbird Ice Cream is hoping to
open by July 4th, so stay tuned for that.
All right, y'all. So get ready. There has been even -- so Councilmember Earle was
questioning me last quarter because I was saying there's something, and so she's like,
well, what is it? I'm like, well, I can't tell you, you just have to trust me. And so just
some background. Again, when a private developer is handling negotiations, when
we're dealing with private parties, sometimes we don't move so fast, and the
government gets blamed. But again, I've been here three and a half years. Everybody
has said, Amanda, we need another specialty grocery store. So with that said, ta-da.
[APPLAUSE]
JACOBS: So that is exciting. So some people told me, we're going to believe it when we
see it, this news. But so this will actually -- the Sprouts Farmers Market is going to be a
new building, folks. This is not filling a vacancy. It will be at the Four Peaks Plaza
shopping center, and the catalyst for this over 23,000-square-foot is because of our
rezoning last year. And so with Economic Development, sometimes we have to change
because of market conditions, and so I just applaud the Council, Sandor, the developer,
because -- why we're talking about this and going to bring this service. Potentially, at
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the end of the year, just depending on documents, or early next year, they'll begin
construction.
So also want to -- so this is, I know, not the best image because it was on a site plan, so
the site plan has been -- I know. I know. See, I own it. So the site plan was submitted
by Sandor on behalf of the tenant, Sprouts, and so you'll see proposed Sprouts Farmers
Market. And so that, again, is going to be a new building close to where the former
Streets of New York was.
So I now can tell you the reason why Sandor -- again, I have nothing to do with this as --
although, sometimes I get blamed. It's -- thank you. It's private development. But this
is why Sandor asked the Streets of New York, as well as Subway, why they're
renegotiating a lease because they both did receive a renewal to just could you -- could
you switch over a little bit? And I know sometimes it's hard, but with the Economic
Development world, these things happen.
And so with this new building, what this means for the Town is one one-time permit
fees, one-time construction sales tax, one-time -- if you were at the workshop --
development impact fees. We still have our food tax in place. And so as we get closer
through this process, we will do an economic impact analysis just on this one. And so as
we're speaking, I'm not sure if you see our PIO, Pelton, but he will be blasting this all
over socials because we're so excited. Tomorrow, we'll be issuing a press release. And
so y'all, these are positive things. Positive things are happening in our community. As
an employee, as a resident, this is the stuff we should be talking about. All right.
[APPLAUSE]
JACOBS: All right. So business retention and expansion. We continue our program in
partnership with the Chamber of Commerce. And as always, again, for the public, we
rotate a council member. In this quarter, Councilmember McMahon and
Councilmember Kalivianakis has joined me. Councilmember Kalivianakis has one more,
and then we have the Vice Mayor. Councilmember Skillicorn will be up, Councilmember
Earle, and then Councilmember Watts. So hang tight.
And then we're actually in our fourth year of doing an eight-week printed campaign,
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again in partnership with the Chamber. This is printed in the Fountain Hills Times. And
so again, just trying to promote the importance on shopping locally. So again, when this
Sprouts opens, we want you shopping at this Sprouts, not the one on Shea and 92nd or
90th because, again -- and I said this last year, and you're like, I've never heard of the
term, but that's sales tax leakage. When you're going to Scottsdale, Fountain Hills
doesn't collect it. We can't track you as a -- as a resident. So you need to be shopping in
our Sprouts when it opens.
Again, we'll kind of blow by some of these slides. Again, just showing this to continue to
show supply-demand issue. We continue to be over 90 percent. And so what that
always means, it's if I want to rent an apartment next month, I may not have an option
and would have to go to Scottsdale or Mesa. Which is why, again -- last year, Council
loved this, what's in the pipeline, and so we've continued to share this. So again,
on this slide, I did make an update on Malta and Saguaro. That is now under
construction. And so there's about four projects under construction. You can see on
some of these, the application hasn't been submitted.
So another question I always get asked. So the Four Peaks Village, which, again, is at the
Four Peaks Plaza, we have not received a formal submittal. We're hoping that happens
soon. Again, it will happen because of Sprouts. They have also submitted their sign
package for that whole commercial center, and so that has already been reviewed by
staff and has been shipped off to the applicant, which would be Sandor.
And then going back real quickly with that site plan, I want to give kudos to our team
because sometimes we get beat up on our review times. But so it's already been
reviewed by staff in 11 business days. The average with municipalities is 20 days. So
our team really is a rock star. And guess what? All of this is public transparency because
we have to track it within our portal, which is called TOPPS.
Moving on, our vacancy rate. So again, if anybody's new. So that second one -- column
you'll see is the second quarter staff. So we compare that to the last column, but again,
with transparency, in CoStar, we don't receive the most accurate numbers because
some of our commercial businesses, for some reason, decide not to list their vacancy, if
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you will, and they'll use a cardboard box, and so that doesn't really help us, and so
sometimes, as staff, we're having to manually go and find those vacancies.
Marketing. So we continue to do ad placements in Arrived and Experience Arizona
Magazine. That has been paid through tourism dollars through the Arizona Office of
Tourism, our Prop 302. We've received media coverage, of course, on events. And then
our International Dark Sky Discovery Center marketing. So something new. And again,
when you see the Naturally Fountain Hills videos, we've been working with Debbie
Clayson, with Clayson Communications, which is a local business, and so we're doing
historical videos.
And so there are six videos specifically on arts and culture. And then the day before the
Greening of the Fountain -- and so we've been holding it tight. People have been very
eager, you need to release it. We may wait until next year. But she was able to get the
original Shamrock Society together, and then -- so they drank beers and told us stories,
how we got to the Greening of the Fountain. And so very interesting and hopefully to
tease some of that out. And then the whole purpose of doing this, too, is in talking to
Councilmember Skillicorn and the Vice Mayor throughout the years, they're like, it
would be so nice to make Irish Fest even bigger or to bring back some of those old
traditions, so it's like, let's hear from the gentlemen who did it and how can we
incorporate it.
That second bullet, Fountain Hills "Naturally Campaign". So last year, we partnered with
Gordley Group, who was the awardee for our RFP for our new logo, and so super
exciting. So you'll see it's very small, but the American Advertising Awards is national,
and it can be local, and so that is the largest competition, if you will. So nationally,
there's usually 200 participants. Gordley submitted our Naturally Campaign. And so I
talked about it last quarter of trying to not just target Fountain Hills, but to target other
folks throughout the state of Arizona, for them to think Fountain Hills naturally, so
naturally innovative, naturally active.
And so they submitted that. There were 80,000 folks that submitted. Not 80, not 800,
80,000. And the Town of Fountain Hills and Gordley received gold, which is the highest
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level, and also best in show. So super excited about that. And again, thank you, Council,
for entrusting staff with the new logo and this campaign.
And then speaking of that Irish Fest. So this year, there were 10,000 attendees. Want
to thank our Community Services department. And I did receive permission from our
Recreation Manager, Ryan Preston, but when we had our internal marketing team
meeting, he said, between Economic Development, of course, Mike's efforts, Mike
Pelton, he's like, we may have to back off of some of the advertising we're doing
because he saw 10,000, he's like, or we may have to expand the footprint, which is the
good problem to have. And so you'll see, again, through Mike's efforts as well as Evolve
PR, which is paid through tourism funding, there are 42 mentions. And then we did
have a live spot.
Partnerships we've mentioned. I'm just going to go past that.
All right. The Economic Development Advisory Committee. So there have been
questions about that. And so as you know, Mayor Friedel appointed this Advisory
Committee, and I am the staffer, and so with full transparency, each quarter, I will be
providing an update. The purpose of the committee is as written, to attract a major
employer or anchor tenant. We have a marketing brochure that is in the works, getting
edited. So a full, robust marketing brochure. Not just our community, but showing the
quality of life, our business climate, talking about our schools.
And then this has been fun, and then we good -- we have a good team where I can joke
with them on our available sites and buildings because all of you know, and I've said it
publicly, is we do have an issue when it comes to zoning, and then so we were able to
show -- because when we think of bioscience and healthcare, but specifically bioscience,
you need industrial zoning.
And so last month, myself and John Wesley shared what is available. And some of those
buildings were built in the '80s and are very small. We're talking 1,500 square feet. So
we have a problem. But my joke to the Committee was, and you thought my job was so
easy, and so some of them joked back, I never said that, and with one of them, I'm like,
really? You haven't? You haven't implied? So we have a lot of fun.
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But with that said, we will be, in the fall, presenting some potential policy updates,
looking at floating zoning, looking at, of course, changing some of the zoning in our
downtown area, and so look forward to bringing that to the Mayor and Council for
discussion and possible implementation.
Mr. Mayor, I see your light on.
MAYOR FRIEDEL: Can I ask you a quick question? So when you get the marketing
brochure, when we get that done, can you make sure we share that with the Council,
too, so they --
JACOBS: Oh, yeah, absolutely.
MAYOR FRIEDEL: Thank you.
JACOBS: You're welcome.
All right. Tourism. So I was sharing with the Mayor, just because he popped in when I
was looking at my slides. So in my three and a half years, this is the first time the hotel
occupancy has been more than 62 or 64 percent, so 70 percent. Some folks think that I
get to see the sales tax receipts. I don't. Only Paul and his team are special. But so I
would want to contribute this to, one, the sale of ADERO, and then, two, the Comfort
Inn switching to a Spark by Hilton. So again, these are just my assumptions, but we can't
probably tell you if my assumptions are right.
And then if you look at social media impressions, it continues to increase, and then
our website. And we'll continue to monitor the website. Usually about right now is
when things go down. We're going to try to change that. And I told you last month, we
were working on doing a redesign to, again, just mesh with our current logo but be a
little bit different. That took a little bit longer than anticipated. And so when that goes
live, I will send that to Council, and then that will be in my fourth quarter report in the
fall.
And then we're almost there. And so our Experience Fountain Hills website viewership.
Again, these are our top five on the left in Arizona, and then the top five nationally, and
nothing's really changed there.
Thank you very much. Mr. Mayor, Council, any questions?
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EARLE: I have a quick question. Maybe I missed it. When is Sprouts opening?
JACOBS: I know. See, I'm going to -- I'm going to have to tell Councilmember Earle
patience again. So Mr. Mayor, Councilmember Earle, so we have to go through the site
plan process, then the building plans. We're hoping construction will either be the end
of this year or early 2026. And we haven't received, you know, how long it'll take. But
as soon as they were getting ready to submit, they're like, well, can we just break
ground? We're like, no, there's kind of a process. We would kind of get in trouble. So
they're very eager and excited.
EARLE: Thank you.
JACOBS: You're welcome.
KALIVIANAKIS: Thank you, Mr. Mayor. You know, there's an expression saying you
earned your paycheck this week. You earned your paycheck this week. Thank you for
the really good news.
JACOBS: Thank you.
KALIVIANAKIS: Yeah.
JACOBS: Thank you.
[APPLAUSE]
JACOBS: But like I say, Economic Development is a team sport, so it's because of you
guys, everybody in the back, and then the staff, the co-workers.
KALIVIANAKIS: Well, thank you, because this was a vision that I know you shared a long
time ago with the former council and this council. You know, we kind of went from the
prospect of an underperforming Target store and a shuttered mall and a blight in our
community to having the vision to having two anchor stores helping the Target, doing
the Sandor apartments, and then what is that going to do to the rest of the stores
where -- the Petco -- former Petco and everything else? That's going to make those
stores pretty valuable property now, will it not, with two different anchors and all the
traffic that the apartments and the two anchor stores will bring?
JACOBS: So Mr. Mayor, Councilmember Kalivianakis, absolutely. So that's what we're
hoping as, too, this is revealed. So again, the property owner, again Sandor, couldn't
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reveal this when he was -- they were trying to retain the two tenants, so we're hoping
maybe some people will come back, but then we can just reenergize and, again, like I
say, get new businesses because that generates economic wealth, new wealth.
KALIVIANAKIS: Yeah, I think anybody that has a good business idea. And plus, not only
that, but we're going to put two 18-foot signs that the previous council approved, too,
to get more signage for the other ancillary stores that are in there, too. So yeah, those
sign -- between the signage, the anchors, the apartments, it's just a win-win-win-win-
win.
I noticed that you also had on your slide Mountainside (sic), that they have filed
permitting and site plan?
JACOBS: Mr. Mayor, Councilmember Kalivianakis, they have, and so they're working on
that with our Development Services director. So if there's any other specific questions,
if -- Mr. Wesley will still walk up if you have more questions.
KALIVIANAKIS: Yeah. Well, this is what was formerly called the Senderos project,
correct?
JACOBS: Correct.
KALIVIANAKIS: And at that -- at that time, it was supposed to be on 6.3 acres, and the
Council voted the rezone down. And I remember at the time, it was said that they
were -- they were bluffing and they were not going to build it. So it sounds like that
wasn't a bluff. It sounds like they're going to build it. And maybe could you answer this
or John Wesley's going to answer that. Since they're not going to have 6.3 acres to build
this 70-unit apartment building, what would be the consequences of building that on 3.2
acres? And it seems like it's going to go more from a suburban-style apartment complex
to an urban style, much -- possibly taller and to obstruct site lines of the property
owners.
JACOBS: I'm going to defer it to my friend.
WESLEY: Mayor, Councilmember, yeah, so I don't remember the exact acreages before,
but they were previously looking at putting 80 units on the six acres, whatever it was.
They're still doing the 70 on the smaller site. They can't go any taller because they're
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limited by the zoning designation --
KALIVIANAKIS: Okay.
WESLEY: -- but they are smaller units. Instead of primarily two-bedroom units, they'll
be primarily one-bedroom units, but there are still 70 units proposed.
KALIVIANAKIS: And I understand that the church sold the property, the other 3.3 acres?
WESLEY: Yes.
KALIVIANAKIS: To the same developer?
WESLEY: Yes.
KALIVIANAKIS: And then are they going to be building on this single-family residence
there now?
WESLEY: Mayor, Councilmember, that's what they have indicated to us. We haven't
seen the plat yet, but they're planning to do three or four single-family lots on that
piece.
KALIVIANAKIS: Yeah, because if they bought it, they're going to use it. So how many
houses do you anticipate they may --
WESLEY: I think, like, it was three or four units is what they're talking about getting on --
there's a lot of floodplain on that property.
KALIVIANAKIS: By units, you mean houses?
WESLEY: Houses, yes.
KALIVIANAKIS: Okay. Because apartments, units -- anyway, okay. So yeah, thank you
for straightening that out.
EARLE: Mayor, may I ask another question?
MAYOR FRIEDEL: Certainly.
EARLE: Did -- has Streets of New York found a place yet? Or is that the one that -- or
maybe they could go back to where they were down a little ways?
JACOBS: So Mr. Mayor, Councilmember Earle, I spoke with Lorrie, who's the owner,
about two weeks ago. She was getting estimates on a vacant site. Right now, it's
looking like doing the tenant improvements, it's going to be cost prohibitive, but she has
another idea, but she's not yet shared, even with me. So as soon as I know, I'll let you
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guys know, but we're trying to retain her.
Any other questions? Seeing no lights, thank you, Mr. Mayor and Council.
MAYOR FRIEDEL: Thank you.
JACOBS: You're welcome.
[APPLAUSE]
MAYOR FRIEDEL: We have the Call to the Public.
GOODWIN: Hang on, Paul.
SOLDINGER: Oh, sorry. Excuse me.
MAYOR FRIEDEL: Paul, you're a little -- you're a little early.
SOLDINGER: Little early. I apologize.
MAYOR FRIEDEL: We'll keep you, though.
Town Clerk, Call to the Public. Do we have any speaker cards?
BENDER: Yes, Mayor. We have seven cards. First speaker is Steve Baggio, followed by
Ed Stizza.
BAGGIO: Mayor, Council, just first of all, I'm not here to talk about tables. I am talking
about -- excuse me. This thing. The reason I'm here is I want to hold off on the shade
structure that's going on on the Fountain Hills Avenue, and this reason being is I had
made public records requests, and I'll explain why I had to do requests as I'm talking.
And I had asked for the public records request on the shade structure, and I had asked
for drawings, renderings, and all plans for this project. What I received back was the
message saying, thank you for being patient. A request of records are not available for
your review. What I received was four renderings, no proposal, so we don't know the
cost, no permits, and no one I talked to is for this.
And when I had to make a second request, I had asked for the permits, and I received a
permit that was not completely filled out. In fact, it's mostly not even filled out. And I
had request -- I had received, instead of a thank you message, this message. Attached,
you will find a portion of the records response to your public records request. Please be
aware that the architectural plans, drawings, and renderings are protected by federal
and state copyright and proprietary law. Consequently, the Town will not release
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protected documents without evidence that a copyright holder has authorized
dissemination of issues. I cannot find anything about that.
In fact, I found out the opposite, that public records requests are public records
requests, and kind of skeptical why I received that. And also, no one I talked to has said
that any of this makes sense because no one is for this project. I think it's being too fast.
It needs to be slowed down. And the reason -- I don't understand why I wasn't sent to
Planning & Zoning. This is a 100-by-60-foot structure that's going on. Public (sic) &
Zoning should have had the public -- Planning & Zoning should have had this looked at,
and the public should have more of a say.
Now, this is going to be an expensive project, and it's going to change the landscape
forever. All I'm asking is for this to be held off and to make sure that everything was
done correctly and the public's got more of a say because I really feel that we're
blocking too much of our space with this. And we just had 50,000, at least, spent on the
dog park, and we're spending, what, 200 some thousand on this? The dog park, I'd
rather have the money going to that.
And also, what about all the trees that people wanted? I don't see any trees going up
on the Avenue besides the ones in the median. We should not keep on trying to -- we
should stop trying to hide Mother Nature. Instead, we should try to protect and
preserve her, not just for the residents now, but for future residents. Please think this
over, and please look at it carefully because, like I said, something's not adding up with
this project. Thank you.
MAYOR FRIEDEL: Town Attorney?
WINGO: Yeah. Mayor and Council, for the record, the City does comply fully with its
obligations under the Public Records Law. There are federal copyright trademark as well
as state copyright trademark and proprietary information laws. There are certain
documents that will not be released because they are covered by those, and the City
would be in violation if they should release those.
MAYOR FRIEDEL: Thank you. Next speaker?
BENDER: We're changing out the cards. So the next speaker will be Kimberly Bartman,
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and then Mathew Corrigan.
BARTMAN: Kimberly Bartman, Fountain Hills resident since 2001. I sent a letter to the
Mayor, Council, and Town Manager. I haven't received a response from anyone, so I
want to read this. I'm perplexed -- and this is about the table, by the way. Um-hum.
I'm perplexed by the removing of the Fountain Hills Times Independent desk from
the chambers. My husband and I have owned a home in Fountain Hill -- a home in
Fountain Hills since September 2001 and have lived here full-time since December
2001.
Throughout the years, I have attended Town Council meetings. As long as I have
attended, I have seen Bob Burns at the desk in the back of the chambers. Over the
years, council meetings have, on occasion, lasted three to five hours. There are times
when I couldn't stay or didn't want to stay for the entire meeting. I would always walk
by the press desk and be grateful that Bob Burns would fill us in via the local paper. He
was always taking notes, paying attention, which is more than I can say for most of us,
that most of us could handle for being here for those long meetings and occasional dry
topics.
I'm not sure how long Bob Burns and the Times has had the press table, but at least
since Mayor Schlum was in office. I would like to hear directly from those who made
this decision -- and we've heard from Councilmember Watts -- as to why they made the
decision and how this can be decided without explanation. You've given some
explanation, but I'd like more specifics on how the Times is, you know, misrepresenting
what you've done or said or any of that. And there's a op ed section, so you can always
refute, or you can contact the editor and say, hey, I need this redacted because it's
wrong. So I think the voters need to have input on this.
So like our Economic Development person, Amanda, said, you know, in the Fountain
Hills Times, we can put information in there about shopping locally. And for years,
that's where you can -- you know, I know we don't cut out coupons today, but you can
actually, you know, get your online newspaper and go into the shop, like Shoe Casual,
and say, ten percent off of the shoes today.
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But also, I just -- on another note, when, Mayor Friedel, you let Councilmember Watts
continue to talk, it's interesting that you stopped Gayle Earle from talking about the
attorney that was let go, you know, that you stopped her from talking during the
opening section, but you would -- you stopped her, but you didn't stop Watts. I just feel
like there's, you know, some kind of double standard here and that some of the women
aren't getting the fair shake. Thanks.
CORRIGAN: Mr. Mayor, Councilmembers, Mathew Corrigan, Fountain Hills resident.
Sometimes a table is just a table and not a political tool, and that's significant. Why is it
significant? Because we live where we die, by the Constitution. And Amendment I, I'll
read it. It's interesting. Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or
of the press, or the right to peaceably assemble, and to petition the Government for
redress of grievances.
I didn't see anything in there about a table. I notice that Bob Burns brought his own
table tonight. That's a good move. And Bob is free to sit anywhere in the room, as we
all are. We're all free to express our First Amendment rights of speech. I'm doing that
right now. Others will join me. And gosh, nothing's been abridged here, so maybe it's
all ado about nothing.
I've noticed one other thing. U.S. Census Bureau indicates that from the year 2000 to
2020, there's been a 52 percent drop in printed press, newspapers. There's a reason for
that. Most people get their information now online, so most papers have gravitated,
sorry, to online process. They do that a variety of ways, some by subscription, some by
advertising, the third by a combination of both. So the press has changed as the world
has changed, and we're changing with that. What we see is more exposure to more
media.
And I had a journalism professor. I majored in journalism and never used it. But the
point I'm trying to make is that I had a professor who said, poignantly, transparency is
everything. If you're going to trust a news service, they'd better tell you their
worldview. I'm a conservative, so when I go to some news service, I want that to be a
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conservative worldview. Interesting, I find they all tell me they're conservative. Not so
much with the other side. You kind of have to figure it out as you go.
Now, the interesting thing about this, too, is that all of this hubbub about a table, it's
just a table. Thank you.
BENDER: Linda Somo followed by Susan DeGennaro.
SOMO: Mr. Mayor, Councilmembers, I'm Linda Somo, a resident here in Fountain Hills.
I came here tonight because I've been very disturbed by what I've been reading in the
paper. You know, when I took journalism, I was taught that there are facts that you
report on, and then there's opinion. When I read the Fountain Hills Times Independent,
I have found them to be factual.
Now, if you disagree with the facts, then maybe you think they are opining when they
should be reporting facts, but what they are doing is reporting the news and reporting
the facts as they occur. They are not trying to sway the public. They're just reporting
what happened. If you want to read opinion, you go to the opinion page, and there, you
can express any opinion that you want, as long as it's not defamatory to someone else,
and they will print it.
I've found this to be true for the seven years that I have lived in Fountain Hills, and up
until tonight, I've been proud to say I was a member -- a resident of Fountain Hills, but
seeing the behavior tonight of Mr. Watts especially and Mr. Friedel trying to cut off any
type of debate from trying to answer Mr. Watts' accusations, I am ashamed to say that I
am a resident of Fountain Hills.
And this is the type of city council that we have? I think you need to rethink what you
do on this panel and what you do for the people of Fountain Hills because reading things
in the paper about getting rid of our town attorney because we have a favorite that we
want to replace him with or getting rid of a table for the press because we disagree with
what the press is saying, that's not freedom of the press. That's stifling freedom of the
press, and I, for one, want to see it stopped. Thank you.
DEGENNARO: Hi. Susan DeGennaro, Fountain Hills resident. I wasn't going to speak
tonight, so I appreciate your grace with me. I don't have my glasses, so I'm going to try
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to read this. The Town Manager actually mentioned the chatbot today, and that's what
caused me to get up here and talk.
So I'd like to draw your attention to pages 278 and 279 of the budget bill that is now in
front of the Senate. There is a provision in that bill that will strip the states of their
rights to make laws or regulate AI for ten years. Yeah, you heard that right. There is
something in the bill that is going to stop us from regulating AI for ten years, effectively
giving free rein to attack and tying states' hands if the fed doesn't do anything. Now, a
lot of states and a lot of people are talking about states' rights, and this clearly stops
states' rights.
Without any regulation, there will be abuse. Not might be, will be. AI is already
overtaxing our water supplies and our energy grid. We just had our -- I just wrote it on
the side. Hold on. We just had Captain Thomas talk about the crime surrounding AI
already, that they can only come in after the fact now, and they don't have much of a
leg to stand on to do anything about all of this financial crime, and a lot of it is because
we're not allowing regulation.
Please understand this is my wheelhouse. This is actually what I do for a living. I train
other companies in how to use machine learning, how to train algorithms, how to use
AI, how to build actual generative AI applications. This is what I do. This is how I make
my money. This is how I make my living. And I am here telling you it needs to be
regulated. So I'm asking you to please contact your senators, implore them to remove
this from the bill. And I'd like to end this by saying I actually asked Misty about the
Town Council meeting, and they said there wasn't one tonight.
BENDER: Mayor, our last two speakers. Crystal Cavanaugh and Ed Stizza.
CAVANAUGH: I have a little bit of everything because I, too, wasn't going to speak. But
one thing I am going to mention is the one fact. They were talking about facts. There is
one fact, and that's the table was removed. So when certain select papers talk about
punishment and Trumpian and right-wing in their news story, that's called bias. And we
also have that in our local paper as many of us who do try to put in opinion letters have
found.
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I'd also like to mention that if you really want to see the entire meeting, all you have to
do is go to the YouTube video. It's there without any qualifications and slants and
opinions added. Also, our past attorney was not let go. He quit. It even said so in the
paper. Just want to make that clear, too.
And since we brought up Senderos on a topic that it wasn't even being discussed, let's
talk about the high-density apartments -- the small, urban, high-density apartments that
were always going to be put on the multi-family lot. They're going to go in, obviously.
But what I would like to request is that there will be absolutely no waivers given, no
changes in the wash rules, no special circumstances that they can do things. And I think
any waiver that has been requested at any time should come before this council or the
Planning & Zoning.
And I'm sorry, John Wesley, it shouldn't just be the stroke of a pen with one person
because that's in a neighborhood. The Lost Hills neighbors, this is going to impact them,
as it will all of us in town, with the increased traffic on an already tough road for traffic.
Thank you.
STIZZA: Good evening, Mayor. Good evening, Town Council, residents, staff. And boy, I
could sit up here for 20 minutes. And as I rushed into town, I was listening to all of you
on YouTube as I was driving.
So I got here, and I listened to Steve Baggio talk about what's happening down on the
Avenue of the Fountains. Unbeknownst maybe to him and maybe to a lot of people in
this room, in the audience, and certainly the public, if you drive by there right now,
you're going to see the scope and scale of what's about to go in downtown, and I am
quite sure that most people that I know and, certainly, a tremendous amount of the
public will not want this to be placed on the Avenue of the Fountains.
This thing was rushed to a certain degree. You guys did not vote on it individually. It
was part of a package deal. It started last year with a theme. It went into December of
last year. Still no drawings, still no renderings other than a top view and a possibility. I
don't think -- there just wasn't enough time put into this to actually review it, get the
economic value. It was so nice to hear Amanda Jacobs on a reality with Sprouts and
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what's actually physically happening. There is absolutely no numbers that have been
provided of the economic value of this shade structure in the median.
And if everybody looks at it, it's overbuilt. It's too big. It's 100 feet by 60 feet. And I just
would love to hear a pause in it. Unfortunately, all the work has already begun, and
nobody upon nobody took time to take a look at it, not only with the processes and --
but the design and, certainly, what it's going to do to the Avenue of the Fountains. And
it is going to destroy what we have down there. It is too big. We already have a
couple -- two big tents here in town as far as shade structures. One of those is down by
the actual park with -- the water park.
And if you really sit there and look at it, most of the time that people need shade down
there, they're sitting towards the front of it, and most of it, three-quarters of it is in
sunlight, so you tell me the economic value that you think this is going to bring down
there as you destroy our views and really clutter up the Avenue of the Fountains.
Please, no holes have been dug yet. There's a bunch of rebar cages out there. Go out
there and walk them, really understand the size and scope of what's about to happen
down there. Imagine our Christmas lights being interrupted. This is called Linear Park
for a reason. Please go take a look at it. Thank you.
MAYOR FRIEDEL: Okay. Since my name was brought up twice tonight -- I wasn't going
to say anything about the table, Tablegate, whatever you want to call it. When I was
first elected to office, I was reached out to by the owners of the Times, Brent Cruikshank
and Charlene Bisson. There were four people in that meeting, myself, the Town
Manager, and those two. We discussed my administration, and I was very candid with
them about the slanted reporting, including letters written by Conservatives in this town
that were either highly edited or not printed at all.
Ms. Bisson was shocked. She said, I had no idea that that was happening on a local level
in the Town of Fountain Hills. She had just bought the paper, apparently. She assured
me that that would change. Sadly, that's not the case. This type of reporting
undermines our Town staff, our Town Council, and, most importantly, the residents of
this town that count on this paper as their only source of information on the town, as
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has been pointed out by somebody else earlier.
No table is guaranteed to anyone. In fact, it's not the Fountain Hills Times table. It's
actually property of the Town. Very few municipalities make special accommodations
for media. Scottsdale doesn't. Our own school district doesn't. Many other
municipalities don't, either. No media has been banned. They haven't been asked not
to show up. They're cordially invited to every single town event that we have, indoors,
outdoors, all around.
Unbeknownst to many people in this room, I've had recent conversations with our
Veterans Recognition Committee. They reached out to me and asked, is it possible for
us to, instead of doing this on a quarterly basis, do it on a monthly basis? I said, that's
really something. They're very impressed with this initiative, and it's really a positive
thing for this town to recognize our veterans. They asked if we could do it on a monthly
basis. I said, well, we're going to have to rearrange this room, and we're going to have
to put more seating in because every time we do that, it's an overflow crowd, standing
room only because there's 2,800 veterans that live in this town, and they know a lot of
people.
So this is going to be turned into a positive thing for this town going forward. And this
will -- this will be -- this will be a need for more seating, as I mentioned, because the
crowds are big, so we will look to add more seating and maybe do this sometime this
fall or early winter. And this'll be the last response I have on the table. So I appreciate
that.
And then we'll -- with that, we'll move forward to our Consent Agenda.
SKILLICORN: Motion to approve the Consent Agenda.
LARRABEE: Second.
MAYOR FRIEDEL: We have a motion and a second. Can I get a roll call, please?
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Councilmember McMahon?
MCMAHON: Aye.
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BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: If I'm allowed to speak, aye.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye. Congrats, Paul.
BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Okay. I'm going to recess the regular meeting for a moment here
while we open up a special meeting and public hearing on our town budget. Rachael?
GOODWIN: We were joking, Paul, that this might feel like Christmas Eve for you
because it's finally the adoption of the budget. So with that, why don't you take it
away?
SOLDINGER: Great. Thank you, Rachael. Thank you, Mayor and Vice Mayor and
Council. Like Rachael mentioned, this is our finish line, so this is more of a summary
presentation. We discussed a lot of the components of the budget up to this point, but
I'd be happy to answer any questions or discuss anything, if you'd like, throughout the
presentation.
So this has been a transparent process. We've had many public meetings, as noted on
the slide, many of them livestreamed on YouTube, in the council chambers. We also
had an open house in March. We had a capital projects work session where we
discussed all the capital projects that have been brought up or -- at times and discussed.
So we discussed each of them in depth, presented them to Council in a public setting.
We also brought the proposed budget to Council on April 8th, and Council adopted the
tentative budget setting the maximum limit for the budget on May 6. So tonight, like
Rachael mentioned, this is our finish line, and hopefully, we get across it.
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So the -- excuse me. Sorry. The tentative budget was adopted by Council last month,
and that set the maximum fiscal year 2026 budget at $53.396 million, and now, as
we've discussed at length through these budget discussions, we do budget to be at
least $1 below the expenditure limitation. So we budget considering about 16 -- I
believe $16.7 million of expenditure limitation exclusions to be at least $1 below the
$36.6 million expenditure limitation that the State has set for our town for fiscal year
2026.
Another thing we always talk about is the Town wiggle room with the General Fund
contingency. That came in at a little bit over $1.1 million this year. It's actually a pretty
good spot from where we started considering all the factors we've discussed through all
the budget discussions. And just a reminder. I know it's been brought up, what about a
possible recession, revenue is not coming in in accordance with our projections. That's
our wiggle room. That's the first thing we restrict. If our revenues aren't coming in as
projected, we'll restrict that first before we have to make further cuts to services or
things of that nature. I think we're in a pretty good place, actually, going into fiscal year
'26, but we'll continue to monitor our revenues and see how it goes.
Another thing to point out, we did budget over $10 million for streets paving purposes.
Number one, $5 million, similar to fiscal year '25 for pavement maintenance -- the
Pavement Maintenance Program being paid out of the Streets Fund. For example,
recent pavement projects on Gunsight and El Lago have been paid out of the fund from
the similar program. So we're putting the same -- or allocating the same funding for
that program fiscal year '26.
We've also added an additional $5.4 million for the Palomino Boulevard reconstruction
project, and that's actually budgeted in the Capital Projects Fund to be reimbursed from
the Streets Fund, as we've discussed. So all in all, it's over $10 million for streets paving
purposes, and so that is a big -- just an increase and a consideration in the budget that
we're bringing forth for consideration.
One thing we always look at is what the departmental budgets look like in the General
Fund. Our General Fund pays for most of the town services, most of the departments
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you see here doing presentations to Mayor and Council. That did increase without the
contingency of almost four percent, but as we've discussed, a lot of that has to do with
the Environmental Program, the wash maintenance that we're adding to the General
Fund this year. We're funding about $734,000 for the Environmental Program out of
the General Fund. So out of the 900,000, most of it is really related to that. Yes, there's
been some ups and downs in some of the things we've talked about, but that, really,
creates that increase right there.
Just a broad overview by fund. Now, our total budget is 53.396 million. About 26.05
million of that is in the General Fund, and so that's balanced between revenues and
expenditures. And as I mentioned, most of that is for departmental expenditures, and
some of that is for our wiggle room in the General Fund. Streets Fund, very similar to
last year, our fiscal year '25, at $7.2 million, just a little bit higher with the added
supplement of adding additional staff for streets purposes and, again, $5 million for the
Streets Pavement Management Program.
Capital Projects Fund. We -- on March 25th, we had that work session, about four
hours, I believe, in front of Mayor and Council talking about all the proposed capital
projects next year. That accounts for about $12 million of budgeted expenditures
with another 650 or so for contingency in the Capital Projects Fund. We do have
sufficient fund balance to manage those projects within that fund and other funds.
One thing to note about that is our 22 capital projects that are included in that
budgeted amount.
Facilities Reserve Fund. We budgeted $1 million. That is an increase from fiscal year
2025. We discussed the need for putting -- or allocating more funds towards our
facilities, repairs, replacement, and maintenance throughout the town, and so that's
reflected there in the final budget. And our Special Revenue Fund, that did go up quite
a bit from the prior year. Just a reminder, we use that fund -- we kind of balance that
fund similar to the General Fund, but it's just based on grant revenues coming in and
going out the door. So in this case, the International Dark Sky Discovery Center
recently came to Council and requested the Town to submit that $3 million grant, so
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we added that to the budget, and that explains the large increase for that fund right
there.
A couple other notes. We have almost $1 million budgeted for economic development-
type initiatives, including the Economic Development Fund, the Downtown Strategy
Fund, and the Tourism Fund. And across all 11 other funds, it's about $730,000 in the
budget. Most of that relates to replacing vehicles, and one of those items will be
brought forth tonight. And in total, 53.396 or 53.4 million in the budget.
So this looks a little skewed, so I did want to point out a few things. This just shows you
what's changed from fiscal year '25 to fiscal year '26. That third column shows the
difference, and the fourth column shows the percentage difference. So yes, we are
projecting about $4.9 million in more revenues in fiscal year '26 compared to fiscal year
'25, but a lot of that has to do with the grants that we're budgeting for. So we're not
necessarily saying we're going to bring in a lot more revenues, but if we do get that
grant, for example, that's another $3 million of revenue that the Town would receive
and disburse. So that's kind of the explanation for that first one.
The budgeted -- excuse me. Yes, our budgeted expenditures did increase by $8 million
from fiscal year '25, 18 percent above the current fiscal year, but a lot of that has to do
with what we discuss at all of these meetings. Number one, we put an increased
emphasis on capital projects in the town for long-term improvements, and a lot of that
has to do with the Palomino reconstruction project of $5.4 million. The other thing is
the Dark Sky Discovery Center grant. We have the budget for it if we do get it, so that
added $3 million to the budget, but we would only spend that if we -- if we do receive
the impasse through those monies. So all in all, it does look like we're increasing our
budget, but there are obvious factors that should be taken into account when
considering that.
That third item, the expenditure limitation exclusions, we are projecting or budgeting to
use more, another $7 million, compared to fiscal year 2025. Again, that has a lot to do
with some of these projects. If we are able to do the Shea Boulevard widening and
Palomino reconstruction projects next year, we would have to use some of that carry-
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forward -- or budget for using additional carry-forward and exclusions that we've saved
up. So yes, that's a large increase, but that's, really, all by design and everything we
discussed throughout this process.
And lastly, I think this is pretty interesting, that last line, the expenditure limitation. Yes,
we're increasing our budget. We're putting more of an emphasis,, in accordance with
Council direction, to put more money into the streets, increase capital projects, and do
things like that. But our expenditure limitation only went up by 2.8 percent from fiscal
year '25 to 2026, so that kind of is why we have to use more exclusions and plan
accordingly.
And so with that, just one more slide. Actually, this slide last year got a lot of attention.
I got a lot of phone calls about it. Last year -- so we do it a year in arrears or behind
because that's the most available information at the time of this presentation. So last
year, we presented this information across all the East Valley municipalities looking at
the total budget, and a lot of people asked me, well, you know, the Town of Fountain
Hills doesn't have any current debt, they're not issuing bonds and things like that, does
that skew the result? It kind of does. That was a good point.
So this year, we actually modified it to just present the General Fund and any other
funds that other municipalities use for public safety services, such as fire department
services or law enforcement services. So I do think it was a good point by the public.
This is probably a better comparison to look at. And this is for fiscal year '25, the year
that we're in.
And really, the point we're trying to make is we work lean. We spend -- we budget
$1,090 per budget capita in our town, which is about a third the size of the budget per
capita of Paradise Valley for a comparison. So out of the nine comparison
municipalities, we're the second lowest. So again, we're working hard for the residents,
and we're doing the best we can with the resources that we have.
And so with that, that's the final budget in a nutshell, and I'm available for any
questions.
MAYOR FRIEDEL: Councilman?
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WATTS: So I'm going to ask probably the same question I asked before. The $4.9 million
and the $3 million for the International Dark Sky, I'm going to call it $8 million, we have
it included in the budget, but there is a possibility that if we get reimbursement for both
of those, International Dark Sky specifically, that we won't spend that money. So even
though it's included, it's almost -- we're prepared to spend it, if necessary, but our hope
is that we won't. So that's question number 1. Is that clear?
SOLDINGER: Yeah. Mayor and Councilmember, it's -- it goes back to the accounting of
it. If we get the money -- we would never spend the money up front. It's them
spending the money.
WATTS: Um-hum.
SOLDINGER: And if they do get the grant, we would basically just be a pass-through.
The federal government would give us the money, and we'd just cut them a check,
probably, the next day. So it just has to be recorded as an expenditure in our
accounting system and in accordance with governmental accounting standards, and
that's the reason why we have to budget for it accordingly.
WATTS: We budget for it, but we may not actually incur it if we get the grants and we
just pass through whatever the amount of the grant is, so it would reduce our top 54
million by some number down to 42, maybe, if we got all eight?
SOLDINGER: Right. Exactly. So logically, it's not really an expense of the Town. We're
not putting out any money, but for the accounting side of it, we'd have to record it --
WATTS: Right.
SOLDINGER: -- accordingly. So yes, that's a good point.
WATTS: And so my second question is, we have budgeted for all of these things, the
$54 million --
SOLDINGER: Um-hum.
WATTS: -- but we haven't spent a nickel, and we haven't -- we're really not planning on
spending anything until every one of these items comes to Council for final approval, so
there's a high likelihood that we will be able to save money on that $54 million one way
or another, either through grants or maybe some of the departments do better
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negotiating and save money on some of the capital improvement projects and so on.
But I think sometimes there's a misconception that we have a budget, we're spending it
all, and we're not. Through the diligence of Town staff and how we manage budgets as
a whole, we're not necessarily going to spend everything; is that correct?
SOLDINGER: Yeah, Mayor, Councilmember, a good example is fiscal year 2025. Part of
the budget process we're required -- in the budget schedules that should be attached as
Exhibit A to the budget, it shows, like, what we project for this current year to spend,
right? So we budgeted 45.15 million for fiscal year '25. We're projecting to spend
somewhere between 36 and 37 million. So we're not going to spend the full budget.
That's the maximum threshold that we could even spend. So yes, you're absolutely
right.
And I know that's been brought up at times about bid processes and going out to get
bids. Every time we do something where we're going out for construction or looking for
services, we have a procurement administrator that's looking out for us, that helps us
through that process. We get the required bids. We go through a RFP process if
required by policy and statute. So there are things we are doing -- I completely
understand the public perception and questioning things, but we are -- I promise you we
are doing things to the best of our abilities to reduce costs and save money for the
Town.
WATTS: Right. We start with a budget.
SOLDINGER: Um-hum.
WATTS: Then the procurement department does its best, then Council looks at each of
the individual buckets, as you've demonstrated here, so the net outcome, hopefully, is
significantly less, much like it was last year, but at 8 or $9 million, and that's what we
hope to achieve this year. But I think that perception of -- that a lot of the public has
that we budget it, we're going to spend every nickel --
SOLDINGER: Um-hum.
WATTS: -- it's not like the federal government, that if they spend every nickel this year,
then they can justify adding more next year. Our goal is to spend less, even though we
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budget, potentially, for more.
SOLDINGER: Yeah, absolutely. Our goal is -- collectively, as a team, under the direction
of the Town Manager is to get the best job for the residents at the best price, and so we
do try to do that to the best of our ability. I think, on a day-to-day basis, I can say that
honestly here.
MAYOR FRIEDEL: Town Clerk, do we have any comment cards?
BENDER: Yes, Mayor. Yes, Mayor. We received five. The first one is Pamela Peet
followed by Tony Durante.
[APPLAUSE]
PEET: Good evening, Mayor and Councilmembers. My name is Pamela Peet. I live at
15038 East Palomino. Thank you for giving me the opportunity to speak tonight about
the proposed paving project on Palomino Boulevard. Some alliteration to break the
ice.
Based on email responses I received from the Town Engineer, we are raising potential
issues that may not have been addressed in this conceptual plan. I am speaking on
behalf of myself and neighbors who are gone for the summer, and some who could not
be here tonight. As a concerned resident, I'd like to raise seven important issues that I
hope will be addressed before moving forward.
First, we are requesting to know what is the plan, the status of the project, and if the
plan is not final, when will you seek public input? Going forward, we would appreciate
regular meetings for engagement and feedback with Palomino residents.
Second is a proposed use of granite as a temporary measure until a possible sidewalk
can be built. No one I know wants a sidewalk. Who will maintain the granite knowing
animals will dig in it, trees and shrubs will shed into it? It could diminish over time and
be washed out into the street due to a rainstorm. It could become a safety issue if
delivery personnel or residents walk in the granite. They will -- this will have an impact
on our property curb appeal and property value. Is there a plan and budget for
maintaining the granite?
The third issue is the extension of driveways using cement. No one I know wants their
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driveway extended. Some homes have paver-style and painted driveways.
Homeowners may be unhappy with cement extensions that don't match the current
driveway style. This also has the potential to impact property values. Who will be
responsible for the long-term maintenance of cracks or other potential repairs for these
added sections? Is there budget for this ongoing maintenance?
Fourth, there are questions about moving mailboxes. Many residents have coordinated
their mailboxes with lighting or a matching feature on the other side of their driveway.
Don't you need homeowner approval to move a mailbox? Many are custom-built. Is
the Town going to ensure all mailboxes are put back as they were?
The fifth issue is funding. Does the current estimate include the project deliverables of
granite installation, curbing, mailbox moves, and driveway extensions? Since this
project is estimated to take 18 to 24 months, a project of this length will adversely affect
our neighborhood quality of life.
Sixth is traffic control as it is a longstanding concern. If we are already reworking the
street, can we address the speeding issue by adding traffic-calming measures like a stop
sign?
And finally, communication. Many homeowners on Palomino are seasonal or rent their
homes. They may be unaware of this project. Would all of the residents here regarding
the Palomino project please stand up?
Thank you. We appreciate all your efforts, and thank you for your time and
consideration.
[APPLAUSE]
MAYOR FRIEDEL: Town Manager, do you want to --
KALIVIANAKIS: (Indiscernible).
GOODWIN: So to clarify, are you asking for staff to address some of the concerns that
were just brought up by Ms. Peet?
KALIVIANAKIS: Yeah, I think -- yeah, I think that would be -- I think either our Town
Engineer, Dave Janover, or --
GOODWIN: Okay. And I'm going to caveat that because I'm not sure that they're
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prepared to address all of them sort of, you know, point by point, but I want to know -- I
want to share that, you know, we have been getting emails, and this is -- this is not
falling on deaf ears. We certainly understand --
MAYOR FRIEDEL: Right.
GOODWIN: -- what is happening and the conversation that's evolving around this.
MAYOR FRIEDEL: Let's hear from the rest of the speakers first, and then maybe we can
have somebody come up and address what they can, and then --
GOODWIN: Okay.
MAYOR FRIEDEL: -- we'll have a plan going forward.
GOODWIN: Sure.
MAYOR FRIEDEL: Thank you.
DURANTE: Good evening, Town Hill (sic) -- good evening, all of Fountain Hills, town
members, and Mayor. Hear me now? Yeah. Good evening to all the town members,
Councilmembers, and the Mayor. My name is Tony Durante, and I'm a longtime
resident of Palomino Boulevard, built my house -- I'm a builder -- in 1997, so I qualify as
a long-term resident, I guess.
I'm here tonight to address the Council regarding the paving and sidewalk
implementation of Palomino Boulevard. And we're not in collusion. We just have read
a lot of emails together. My focus and concern tonight is specifically on the addition of
the sidewalk to Palomino Boulevard. First of all, thank you for all the work that's been
done on the planning and processing. However, these are some real concerns we all
have. And again, I've been in there for a long time as the owner-builder.
The first thing is -- some of this is repeating -- the partial implementation plan using DE
or gravel for five to ten years, which I may never see, until the property is funded and
paved. This shows there's just some maintenance issues due to walking on it, storms,
animals, as it was brought up before, and my big concern is safety because of loose
gravel in the street, and I'm concerned of slipping and falling, so there's a safety concern
here as well.
Number two is significant disruption and inconvenience for the neighborhood. The
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initial relocation was mentioned before of the mailboxes, then the re-relocation of the
mailboxes after the sidewalk was put in, so it's a double move there, the initial
relocation and re-relocation. Encroaching two feet on existing established front yards
involving cutting into the hillside on slopes of the houses in Fountain Hills, because of
the slopes we have, and also, the disruption to the landscaping and partial -- yard
irrigation.
What I would also mention about the mailboxes is there's some very nice, prestigious
mailboxes in Fountain Hills on Palomino Boulevard. Not mine. I just
have a pole. But it's very few. I'm concerned about the ones just really, really
prestigious. Potential driveway access due to the steep driveways and a reduced
curbside appeal -- and a reduced curbside appeal with gravel there, obviously, and a
potential negative property value impact of five feet of gravel.
My last concerns repeat on the safety concerns. And yes, this is on the list twice. The
above issues are symptoms from the root cause of an implementation of adding a
sidewalk to Palomino Boulevard. I would request that the Council move to place a hold
on the addition of the sidewalk or eliminate it and focus on the homeowners' priority of
repaving Palomino Boulevard.
I'll end this conversation just briefly. I'm a retired CPA, and I watched a great
presentation on the budget over there. So if you decide to move forward with the --
with the payment, which we really don't want as -- here, you may want to use some of
that wiggle room up there for the overbudget that's coming up because of the Palomino
expansion. So again, thank you for your time. I appreciate it. Have a good evening.
[APPLAUSE]
BENDER: Chris Brezler followed by Kevin Brown.
BREZLER: Thank you. Good evening, Mayor and Town Council. Thanks for the platform.
When I moved to Fountain Hills ten years ago, I felt like I won the lottery, and about two
weeks ago, I felt like I lost the lottery when I saw the flier, what was going to happen to
Palomino Boulevard. I think the fact -- this may be the most people from a single street,
maybe, that ever attended a Town Hall meeting. You can see the passion of what this
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means.
And for me, I won't repeat everything, but I heard clearly that one of the goals of this
council is to cut unnecessary spending. I think we all agree Palomino needs repaved.
I've been complaining about all of you for years that my street looks like crap and
hasn't been repaved. Don't take it personal. And when I found out it was getting
repaved, I'm like, this is amazing, and then I read it, and I'm like, this plan makes no
sense to me, let me send it to some other people and get their feedback, and they all
said, this is crazy.
I looked up the definition of temporary in Webster's because there's a temporary plan
for five to ten years. It says, something that isn't permanent or lasts only a short period
of time. I don't know about all of you, but five to ten years does not feel like a short
period of time. We would love to see Palomino Boulevard repaved. The sidewalks, the
temporary structure, the intrusion onto our land, all of those are what we are upset
about.
I work from home many days, and my office sits in the front of the home, and all day
long, I see my beautiful neighbors walk up and down the street, dogs, children in
strollers, kids, the elderly. It's a beautiful street. It's also too fast at times. I hope when
you evaluate this plan, you also consider some ways to maybe make it a safer street. I
don't have the answers. I'm not an engineer. Is that a roundabout? Is it a stop sign? Is
it a speed bump? I don't know, but if we're going to invest this kind of money,
I hope we consider the impact and safety on Palomino Boulevard for those around
us.
We're all concerned about our property values. I would not want -- there's probably five
houses for sale on Palomino right now. I can't imagine sticking a For Sale sign in front of
my house in a couple years, if I would decide to leave, and I've got a gravel curb out
there. I wouldn't buy the house. It's going to, you know, have a negative impact on
us.
I would say, you know, when I think about the other factors involved here, as I
understand there was a study done, did we get a second study done? Do we trust this --
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I don't know who evaluated the concern. I have heard there is some concern with
runoff. That may be very true. I don't have the answers, but instead of spending 5.4
million, I'm hoping we can find a more reasonable solution to that.
My wife has taken days, the last two weeks, to collect emails, talk to neighbors, take
pictures of mailboxes. I brought them with me. I can leave them with you. Someone --
several speakers mentioned the beautiful mailboxes. Quite frankly, if you rip those
down, and let's just say a contractor comes in to replace it, what is the remediation if it's
not to your specs if you don't like it? One of our neighbors literally just spent $3,000
putting a custom mailbox in. I wouldn't want to see that ripped out any more than they
do.
I understand the need to pave it. I'm happy to leave -- we have several emails from
people out of town, as were mentioned, where they're seasonal. They're concerned.
This has been the hottest topic of conversation, as you can imagine, on Palomino
Boulevard for the last two weeks.
So thank you for your time and attention. I'll leave these if you would like to peruse
them. And if not, I know many of you have emailed my wife back. Thank you for that.
And we can send them digitally if that's more effective, so --
[APPLAUSE]
BROWN: Good evening, everyone. My name is Kevin Brown. We live at 15739 East
Palomino, have lived at that house for five years. We've lived in Fountain Hills for 32
years, raised a son here, have owned three homes here. I'll start off with one of the
things I've spoken with Mayor Friedel about. And not to point it at anyone here. I
recognize how town government works, how things get assigned to staff.
But one area that I still believe needs to be worked on is transparency, clarity to what's
going on so we don't get rumors. I see a lot of rumors in this town, and somebody gets
a little snippet, and the next thing you know, it's blown up into something that needs to
be clawed back. All of that could be helped the more we can be transparent and the
Town can say, look, we're thinking about this, haven't made any decisions, but
Palomino's on our schedule, we'll be talking about it, this is it, blah, blah, blah. Get it
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out there on the website, and we'll nip these rumors in the bud, and we can all be very
clear about where this is at in the process. Frankly, after reading all of it, I'm not really
clear where it's at.
The one thing that I do want to say, we moved here from the Netherlands. My
background is I actually worked in airport building in the Netherlands, so I've got a
pretty good idea of pavements, et cetera. My one concern -- this is not just Fountain
Hills. It's everywhere here. They cheap-build the streets, and the streets fall apart really
fast. All of my friends in Europe joke about the crappy roads in America and your
beautiful pavement turns into gravel in a couple years. I'm like, yeah, exactly.
I looked at the budget, and again, don't know all the details. That's where I'd like to see
it. I believe we need PG 82 asphalt for this street. It's high traffic, high weight. I got a
picture of a car hauler from Sunday. 72,000-pound truck going down the street. That's
just creaming that really cheap pavement that was put initially on Palomino.
So we're better off spending up front with the capital, doing it right, and then not having
to come back and redo it. And yeah, it's painful to do it, but five, ten years from now,
we'll be all patting ourselves on the back for doing it right this time around. Everything
else I'll leave out there. I want to see details, so I'm not making any decisions. That's
one area I happen to know. Just seems like little low on the budget.
[APPLAUSE]
BENDER: Mayor, the last speaker, Kyle -- I'm not quite sure of the spelling here. Hauser
(ph.)? Is that right?
HOUSEAL: (Indiscernible). Mayor, Vice Mayor, Council, good evening. Sprouts, pretty
impressive. In-N-Out would be even more so. I'm Kyle Houseal, and I officially retire in
seven days as an airline pilot for -- a 787 pilot for American Airlines. So I'm an old guy.
In preparation for this retirement, my wife and I recently bought our old house back,
which is on Palomino. That house meant a lot to us, and we wrote letters to the seller
to get that house, and we paid a lot for that house. So we bought that house, and about
two nights ago, I heard that there was going to be some reconstruction projects out
there. And it sounds like more of an experiment, but I'm low on the detail, so I'm not
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exactly sure what the plan is.
So I sat down, and I wrote a letter, and I read it -- was going to send it to each of you,
but I'll go ahead and just say it. I'm writing regarding the planned interstate on
Palomino Boulevard. I'm having difficulty understanding the purpose of the proposed
agenda by the City Council. My question to the Council would be, one, what data do
you have to suggest that we need to widen this road to the proposed expansion specs?
Two, Shea Boulevard is in close proximity and parallels Palomino Boulevard. With that
in mind, is the intent to encourage more traffic to go down Palomino, and if so, why?
Three, does the unknown reason for the expansion justify the overall cost and lengthy
disruption to all those that reside on Palomino?
Since I have -- that's the end of my letter. Since I have another second, when we bought
our house, I stood in front of that house, so proud that I bought that house for my wife
again, and I'm standing there looking at this house. It is a beautiful house. I've owned
probably 30 properties. That is my favorite. And I stood there and looked at it, and a
car drove by, and a piece of that road came up, about a two-inch piece, and just missed
me and landed in my front yard. And I'm thinking, okay, we got a problem, and that
problem is, baseline, we just need new asphalt. We need this fixed. And like the
previous gentleman said, nothing cheap. Let's just do it right, do it once, and be done
with it.
I don't think that anything beyond that would be very conducive to being good at all for
the street or the community. So aside from our home values, I love Fountain Hills. I
have been everywhere, and every time I come to this town, I feel like I'm so blessed to
be here.
So thank you for your time, and I hope that we can get clarity on exactly what the Town
is doing with this road. Appreciate it. Thank you.
[APPLAUSE]
MAYOR FRIEDEL: Do we want to have David --
GOODWIN: I think, actually, Director Weldy is going to step up. I believe he can
probably address a few of these things. There may -- there may be more details we
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want to share later, but I think this is a good chance to sort of answer some of the
questions that have come up.
Director, thank you.
WELDY: Mayor and Council, so we're going to discuss some facts, and let's start
with the beginning. When Palomino was originally platted, it was platted as a
connector to Via Linda and platted and designed to be two lanes in each direction.
That's why it's unusually wide. There are several other roads in the town that are
equally as wide.
The proposal that we brought forward to the Mayor and Council after receiving
direction to redo Palomino because of its condition was to narrow the road by five feet
on either side. This is in -- one, it reduces the overall cost for reconstruction because it
does not require as many square yards of asphalt or select base material. This is not a
simple repave job. Because of the type and design of construction, the entire base has
to be removed. It's just about a foot deep before it's all said and done.
When we describe narrowing the road by five feet on either side as an excellent form of
traffic calming and planning for future sidewalks, granite is a generic term used by
many, many people when, in reality, each individual's property's landscaping will be
matched, to the best of our ability, out to the back of the curb. And it will not be
unlike any other location where granite and/or landscape materials back up to the curb.
It will be held below the top of the curb so we do not get material out into the
street.
In this particular case, on the south side, there are several steep driveways and several
steep yards. During any storm event, there is material coming down off of those hills.
And also, during any storm event, there is occasionally water on the north side entering
the private properties and the driveways, which is not uncommon, each of those two
things, for hillside communities.
The intent of reducing the overall width is, number one, safety and traffic calming.
Number two, it allows us to prepare for a future sidewalk, hypothetically, with grant
money like the $4 million one that was just completed, and it also lines up with the
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general plan, which was adopted by the voters.
Again, we are in the preliminary stages of planning. No properties will be taken. We are
not going to come in there and destroy anything. Everything that is put back, including
the landscaping and the driveways and the mailboxes, will be as is and/or better. For
those that would like to see some of this in action, a $4 million sidewalk was just
completed on Saguaro between Colony and Fountain Hills Boulevard, and also a section
on Palisades on the north side between Saguaro and Fountain Hills Boulevard.
It's also important to note that with the previous council, direction was given to prepare
for a future sidewalk on Panorama. On the north side of Fountain Park, there is a
section that stops just east of Saguaro and goes partway around the corner. That area is
actually flat, and then there's the very steep hill. That flat section there where we've
had no washouts, and it's not aesthetically unpleasing, is for a future sidewalk.
So again, it's entirely up to the Mayor and Council on this decision and how we move
forward on it. We provided a proposal. We're still in the planning and designing
process, but it's at -- it's at the Council's discretion.
[CROSS TALK]
MCMAHON: Isn't the budget before us right now? And can we -- is this going to be
talked about at another time?
MAYOR FRIEDEL: Actually, this is part of the agenda because it is in the budget.
UNIDENTIFIED SPEAKER: Who's going to pay the property taxes of the five feet that you
take away?
GOODWIN: Mayor, if I may, I know that there are some questions about the scope of
this and the discussion of this. It might make sense to put this on as its own standalone
item --
MAYOR FRIEDEL: On the next --
GOODWIN: -- on the next agenda, and that way, we can prepare some more visuals.
We can have some more information available so that everybody is on the same page.
MAYOR FRIEDEL: Vice Mayor?
LARRABEE: Thank you. I wanted to echo what Town Manager Goodwin just mentioned
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of possibly removing this item and putting it on a future agenda because I would like to
have an opportunity to look at options there, just so that I'm clear, Justin, because my
original understanding was that we're not taking away from the properties. We're
adding a right-of-way -- adding to the right-of-way, essentially, by making the road more
narrow. Is that accurate?
WELDY: Mr. Mayor, Madam Vice Mayor, so the right-of-way already extends about ten
or 12 feet behind the backup curb into these properties, so that portion is already the
Town's property. We do not intend to encroach on that but, rather, pull the curb five
feet away from where it currently is. So it's, again, a part of traffic calming. But we're
not going to encroach into the properties that are currently developed.
LARRABEE: Thank you. And I apologize. I just wanted to ensure I have that accurate.
When we do -- if we bring this back for the future agenda, would you be able to show us
alternative options, such as if we were to do Palomino, just pavement, not worry about
narrowing it --
[APPLAUSE]
LARRABEE: -- just so that we have the opportunity to see that option and the budgetary
impact that that might have?
WELDY: Absolutely, Vice Mayor.
LARRABEE: Thank you.
UNIDENTIFIED SPEAKER: That's a hell of a lot less money.
MAYOR FRIEDEL: Councilman Skillicorn?
SKILLICORN: Thank you, Mr. Mayor. Director Weldy, I know that this was going to be
voted on as part of the budget for '26, so if it was approved, let's say hypothetically,
when would a shovel hit the ground?
WELDY: Mr. Mayor, Councilmember, we're still probably 12 to 15 months out. It takes
a considerable amount of planning, and so far, we have not even been able to secure
the services of a qualified surveyor, which is the first part. The first request for
proposals we released was not responded to, and so now, we're working on a different
scope prior to moving to a direct select. So that's where it starts. We're a considerable
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amount out here in regards to when we get started.
SKILLICORN: Okay. And Mr. Mayor, Director, so it sounds like we have plenty of time to
potentially amend this, you know, especially -- and I don't know if we have support here,
but, you know -- maybe just head nods. I mean, do we have the support to preserve
driveways and landscaping and then move forward with that? Because I don't want to
slow down repairing Palomino. You know, that's a road that needs to be repaired, but,
you know, I would like to preserve -- you know, preserve the landscaping and the
driveways.
[APPLAUSE]
MAYOR FRIEDEL: Councilman Watts?
WATTS: So I'm fundamentally in agreement with what Councilman Skillicorn is saying
because, like we spoke, when our CFO put together the budget, the presentation, all of
these things will come back before Council for approval. So we could ask for let's move
the budget forward with the monies that we have there already and ask for alternates
to what has initially been proposed so that we've got some options there.
But I don't want to forestall the budget. I don't think anybody wants to hold up the
budget. So either an amendment to the budget that we're going to exclude this, or let's
move it forward with the understanding that there is absolutely going to be a second
look with options.
KALIVIANAKIS: If I may --
MAYOR FRIEDEL: Can I -- can I ask the audience to let the discussion happen? Thank
you.
KALIVIANAKIS: Yeah. If I may?
MAYOR FRIEDEL: Go ahead.
KALIVIANAKIS: Yeah. Thank you, Mr. Mayor. And yeah, this is something I've had a lot
of input on from the residents. And I know we throw a lot of words around here like
this was in our general plan and our strategic plan, and you guys might take that as like,
well, they have to do it, and just to let you know that the ultimate general and strategic
plan is the input from the communities that we serve, and so if you don't want
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sidewalks, I have a pretty good feeling there's not going to be any sidewalks because
you are the people that live there.
And so I just want to let you know that even though we have aspirational plans of the
general plan and the strategic plan for the town, they are aspirational only, and if the
residents override that, the Council is here to serve the residents. Not the general plan,
not the strategic plan, but to serve you.
[APPLAUSE]
MAYOR FRIEDEL: Please, no more applause. We need to finish the discussion.
Town manager?
GOODWIN: So just to talk about next steps, I've heard a number of concerns about
wanting to further this discussion, which I think is smart. I want to caveat that -- that
the budget adoption is now, that this is it. So if we pull this project, there will be no --
we have no budget available for FY '26 to do any part of Palomino, paving or otherwise.
So the recommendation at this point is to adopt the budget with the -- with the notice
that this project, in whatever form or fashion, will be coming back for further discussion
on the June 17th agenda.
So it's still -- the money is still sort of earmarked, but we don't know yet what scope and
scale the project will be. That way, it allows for further conversation, some further
presentations, perhaps even some site visits by Council so you can kind of see firsthand,
and we can go from there. Does that sound appropriate to everyone?
WELDY: And just to touch on that, Rachael, so going back to the CIP work session, we
categorize these types of projects as yellow light -- yellow light projects. Put it in the
budget, but we'll bring it back to Council with the plan and scope to do the project, and
further discussion will ensue at that point.
MAYOR FRIEDEL: Vice Mayor?
LARRABEE: Thank you. So with that, I'd like to make a motion to approve the budget
with the caveat that the Palomino project will be brought back to Council for further
review and options.
WATTS: Second.
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MAYOR FRIEDEL: So I have a motion and a second. Can we please get a --
EARLE: Can I say something just real --
SKILLICORN: Oh, can we continue discussion?
MAYOR FRIEDEL: I'm sorry. Go ahead.
EARLE: I just wanted to say when -- to Justin, when you bring that back, I would be
curious about the PG 82 asphalt. I don't know if you looked into that, but whenever you
do, can you please -- what the gentleman said. Thank you.
SKILLICORN: Mr. Mayor, can we just have a little, tiny bit more discussion?
MAYOR FRIEDEL: Sure.
SKILLICORN: Thank you, Mr. Mayor.
CFO Soldinger, I just have a couple questions. And first, I do want to thank you for that
$1 million, you know, contingency. You know, it's just a little under two percent. I was a
little concerned -- I still am concerned about our spend to the max. I would prefer
something closer to ten percent than, you know, less than two.
But let's also get back to, like, road projects. I know that -- well, just double check.
There is money from the '26 budget that's going to the Shea widening project? Is that
the case?
SOLDINGER: Yeah. So Mayor, Councilmember, so yeah, that one's a little bit long-
winded to explain. We initially put $3 million in the budget for that project. We
recently received an updated pricing estimate that basically doubled from the original
we have. So the current estimate we have is about 6.2 million. So that is something
we'll have to figure out, either work it over two years or find a way in the budget -- like,
there's ways to make it happen next year if that's something we can do logistically
based on whatever the Public Works Director says.
For example, in our Special Revenue Fund, we have additional budget this year, so if
that grant does not go through the Dark Sky Discovery Center, we also have additional
budget in there compared to last year. We can use some of those -- some of that
budget authority to move over to get more of that done. So there are creative ways we
can make it happen to some extent, but yes, that is in the budget.
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SKILLICORN: Mr. Mayor, CFO Soldinger, I do appreciate that. And I think I want to be
careful how I word this because I plan on making a motion at the end of the meeting for
a new agenda item to request more participation from MAG, and I do have -- I do have
a -- especially after the -- after our work study, you know, I do have a problem with the
people of Maricopa County driving along Shea, and then we're expected to spend
millions and millions and millions of dollars to widen it so they can get home a little
faster from Payson.
It really does not affect Fountain Hills as much, and I think that there should be a much
larger payment from Maricopa Association of Governments, especially that sales tax
that they're collecting for the whole county. So I'm going to add that to it, but that is
something that I'm critical of in this budget, and, you know, it leads to, you know, a few
criticisms I have to it. But so I just want to make that clear. Thanks.
SOLDINGER: Okay.
MAYOR FRIEDEL: So we have a motion, I believe. Do we have a second?
KALIVIANAKIS: Yeah.
MAYOR FRIEDEL: We have a motion and a second. Town Clerk, can we get a roll call,
please?
BENDER: Councilmember Earle?
EARLE: Is this to pass the budget?
GOODWIN: It is.
EARLE: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: No.
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: Aye.
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BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, six-one.
MAYOR FRIEDEL: Thank you. I'm going to close this public hearing and the special
meeting and reconvene our regular meeting agenda.
And our next item is 8B, Rachael, Public Services?
GOODWIN: Yes, Mayor. Thank you. Tonight, we have Sidiq Young, the General
Manager of the North Phoenix portion of Republic Services. As you know, we have a
contract with Republic Services for waste removal.
I'm going to let the crowd dissipate for a second.
MAYOR FRIEDEL: Yeah.
[PAUSE]
MAYOR FRIEDEL: Can we -- can we please take the conversations out to the lobby?
Thank you.
GOODWIN: All right. I'm going to start again.
MAYOR FRIEDEL: Can we take the conversations out to the lobby, please? We have --
we have the rest of the meeting to finish. Thank you.
GOODWIN: All right. We'll start again from the top. This evening, we have with us Sidiq
Young, the General Manager of the North Phoenix division of Republic Services. As you
know, Republic Services is our contracted provider for waste hauling and recycling.
They've been a partner with us for a number of years. It is time for us to exercise the
last year of our contract renewal, and we've been having a number of conversations
with Sidiq and his team, and they're here tonight to present regarding the contract
renewal.
So with that, I will turn it over to you.
YOUNG: Thank you. Thank you, Town Manager Goodwin. Good evening, Mayor Friedel
and members of Council. My name is Sidiq Young. As mentioned, I'm the General
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Manager for Republic Services' North Phoenix market, which includes coverage of the
residential services here in Fountain Hills. With me as well is Melissa Krueger, our
Municipal Manager, who supports this market as well.
Thank you for allowing me to speak to you regarding our current partnership and the
request for additional price increase in the 2026-2027 contract year. A few items to
cover today would be a bit of an expansion on the reason why we're here, and also to
shed light on the price increase methods that exist in our industry. Another key area to
cover is the comparison of cost increases we've seen as a business and the rates that
other neighboring municipalities are currently paying for similar service, and lastly, the
expectations that Council should expect -- or should have, excuse me, when it comes to
a potential RFP of this nature.
So the current rate for waste and recycle curbside service in the Town of Fountain Hills
is at $17.67 per month. Each year, per contractual agreement, the rate for services
increases -- service increases by 3.5 percent. We are requesting an additional 10.5
percent in price increase for the final extension that would take us through to January of
2027. With your approval, the rate will increase to $20.14 per month for waste and
recycle services.
When we amended the agreement in 2019, there was no way we could predict the
global pandemic and hyperinflation that would follow. While our operating costs to
service the Town of Fountain Hills have increased, we maintained our contractual 3.5
percent annual rate increase for services. However, going into 2026-2027, we're no
longer able to continue covering operating costs in this manner.
I want to take a moment just to talk through and review the current year-over-year
rates at 3.5 percent increases compared to what it would have been if we, as Republic
Services, utilized the CPI, Consumer Price Index, or the WST, water, sewer, trash index,
and also take a look at what the rates could have been potentially had we had these
conversations each year relative to our cost increase in the business.
The bottom line -- the bottom dark blue line on this graph represents the actual year-
over-year rates under the contractual 3.5 percent. When we think of WST and CPI,
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these are indexes that are often utilized to align with market conditions. CPI is a key
measure that's used to understand inflation and its impact on all goods and services
over time, while WST focuses on utilities with services such as ours that we provide to
the Town. The impacts of these indexes are represented by the green and blue lines in
the middle of the graph, and as you can see, rate adjustments based on those markers
have your rate -- would have your rates higher than what was listed in the contract at
3.5 percent.
Lastly, if we look at the glaring red line at the top, that represents a rate that the Town
of Fountain Hills would have had each year had we adjusted for our actual cost
increases in an inflationary market. In 2025, for example, as we stand here today,
residents would have a current rate of approximately $23 per month for services that
we provide.
So I want to take a moment on this slide to go over some of the cost increases that
we've seen in our business versus the rate increases that you've had year-over-year.
Over the last five years, the Town of Fountain Hills has seen a 14.7 percent increase in
rate from 2021 to 2025. Meanwhile, our costs for transportation in our business have
increased by 43.1 percent during that same time period with the largest jump coming
from 2021 to 2022 at approximately 30 percent increase in transportation. And that's
the ability for us to get the waste and recycle to disposal sites, like landfills and recycle
centers.
Now, there's a lot of things on this slide, but if we drop down to the bottom section
right in the middle of the chart, we have our trucks, parts, supplies, and maintenance
costs. We are nothing without our drivers in this business, and, quite frankly, we're
nothing without our trucks that service the community, and so we invest a lot into our
vehicles to ensure that we can service the town.
If you look at the chart, there was a steady climb from 2022 to 2024, and overall
increases in cost by 38.5 percent for truck parts and maintenance. The rest of the items
on the slide are relative to our business from operating labor, admin costs, and fuel,
which we know fuel has a tendency to fluctuate, but it's sort of leveled out for us over
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the last couple years. But these are all impacts of the business that we've recognized
and seen over the last five years.
I do want to move to this next slide. And this is just a comparison of municipal rates for
surrounding towns and cities around the Town of Fountain Hills. If you look at the top
of this graph, the Town of Fountain Hills has a very favorable rate to the -- as compared
to the market norm. So what we wanted to provide you all with were examples of other
cities and how they have similar curbside services for one trash and one recycle pickup
per week, as well as add-ons, such as bulk service, which, I'm very proud to say, went
very well this past year. But please note we did not include any ad hoc services that we
offer under our current agreement to support town-specific events, grants to nonprofit
organizations, and on-call public -- excuse me, bulk pickup.
The City of Phoenix and City of Mesa, respectively, have a rate of $36.64 and $33.17,
while all other municipalities, on this chart, at least, have a rate well above the $25 mark
for similar services that we provide in our current agreement. The reason why we share
this level of detail is to show that cities who self-haul their waste and recycle have also
seen similar cost increases to what we have seen as an organization at Republic
Services.
So to close out here, I just want to cover some of the expectations if and when we go to
an RFP in 2027. So Republic Services, we wanted to offer up this information just to
kind of help the Town avoid sticker shock when the time for RFP does come. We would
like to move into the final extension taking us through January of 2027. And while we
can't predict the outcome of an RFP, we can, based on our experience, say that we
believe the Town will see higher rates as a result of an RFP based on how the market has
shifted.
Inflation levels have leveled out over the last 12 months. However, the impact of those
last few years remains for us, and that is what brought us here today. On average, other
municipalities are paying $29 per month for service, as seen in the previous slide. We
hope that you approve our request to move to $20.14 for the '26-'27 contract year,
which is the final of our agreement.
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And with that, I thank you for your time today. Thank you, Mr. Mayor. Thank you,
members of Council. And I'll open it to any questions you may have.
MAYOR FRIEDEL: Councilman Skillicorn?
SKILLICORN: Thank you, Mr. Mayor. And I think, as you're aware, our town has a
history with being very sensitive to trash collection, and I believe the sensitivity of our
town would be off the charts for any increase, so that's definitely a concern of mine.
But also, I mean, as I heard about, like, a grant, I know that there's occasions there's
grants, nonprofits, and at least when we come to the goodness of the hearts of our
vendor, it's because they make a lot of money from our residents. They're making
money on this service, and, you know, obviously enough money to give out grants. So I
don't think that our residents would be in favor of an increase, especially considering
the times and considering the history we have in our town. So I'd like to make -- I'd like
to make a motion to deny.
EARLE: I will -- I will second that.
MAYOR FRIEDEL: Councilman Watts?
MCMAHON: I'd like more discussion.
WATTS: Two questions. One, I should -- is Republic taking this opportunity to increase
their margins, or are you managing your margins as if they were last year and you're just
incurring -- you're asking for the increase in fixed costs?
YOUNG: That's a good question. So when we first started looking at this, quite frankly,
to meet the market where we need to be for -- from a profitability standpoint, as you
mentioned with margins, we were looking at a rate of close to $24. We spent a lot of
time as a team kind of taking this back and reviewing, because we are great partners,
and we want to continue to be great partners with the Town of Fountain Hills, where
can we, you know, adjust the rate so that it's not so much of a sticker shock to the
residents. And I understand that could be a very sensitive topic and very sensitive
subject, but we wanted to ensure that we were at least doing our part as good stewards
in business to cover some of our costs that we haven't covered in previous years.
WATTS: So you're not inflating margins?
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YOUNG: No.
WATTS: You're covering fixed costs?
YOUNG: Correct.
WATTS: And you're covering all the fixed costs or a large portion of them?
YOUNG: A good portion of it, sir.
WATTS: Okay. And the final question is, what if we say no?
YOUNG: Yeah, if you say no, as we know, this is the final extension in our current
agreement --
WATTS: Um-hum.
YOUNG: -- and that would put us at a point where the members of Council would have
to make a decision on the RFP that is inevitably going to come, whether it comes now or
in 2027.
WATTS: And you do want to participate in the RFP?
YOUNG: 100 percent.
WATTS: Okay. Thank you.
MAYOR FRIEDEL: Town Manager?
GOODWIN: I just wanted to chime in on your question, Councilmember Watts, and just
draw attention to the staff report where you asked, what happens if we say no. If the
decision of the Council is to not extend this contract -- and I believe we talked about
this. Services with Republic Services -- through Republic Services conclude in January, so
roughly six months from now, so it will automatically trigger us to go into an RFP
immediately, which is, quite frankly, not quite enough time to get it done in a -- in a
manner that is positive and that is in the best interest of the community. Not saying
that we won't necessarily recontract with Republic Services, but, of course, it will be
open for bid.
We all know that a bid timeline happens. There's a number of deliverables that have to
happen, which is why we're here talking about this tonight, because if that's where --
the direction we're going to go, the more notice we have, the better it is.
WATTS: So Robert doesn't have another rabbit to pull out of a hat?
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GOODWIN: Not that I'm aware of.
WATTS: RFPs are difficult, I understand, but I still wanted to get it on record. Covering
fixed costs is one thing. Covering a portion of them, increasing and taking -- being
opportunistic and increasing margins is a totally different thing.
YOUNG: (Indiscernible).
WATTS: And I do anticipate passing this, but I also anticipate doing an RFP --
YOUNG: (Indiscernible).
WATTS: -- and having a very aggressive discussion when it comes time to negotiate the
final RFP results. So thank you, though.
YOUNG: Thank you.
MAYOR FRIEDEL: Councilwoman Kalivianakis?
KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, thank you for your presentation tonight. I
view our relationship with Republic Services as having been very valuable. And if you
look at the rates from the other towns, very cost efficient, specifically for Fountain
Hills.
I'd like, yeah, to remind the Council that we already have one RFP we're currently
working on to replace our town lawyer, and we're putting a lot of burden on our staff.
This is a strict one-year temporary increase until we can renegotiate the entire budget
next year with Republic or other vendors of our choice. I think this would be too much
to add to our staff's time just for a one-year extension and a company that, I think, is
here in good faith.
You know, we discussed earlier about the roads and the Shea Boulevard, how much
more expensive that's going to be. I think we've all experienced, in our own personal
lives, inflation and how prices have gone up. Republic Services is not -- is not immune to
that. And so, you know, I think they're here just trying to keep this thing cobbled
together for one more year before we go into another RFP.
So I would implore the Council, let's not burden the staff. Let's keep this service going,
and then have the adequate time to prepare another, which, in a year from now, the
next RFP might even include more bulk waste management pickups because I notice
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we're kind of down on the list there.
But yeah, I think that this is something that, I think, is done in good faith to cover their
costs, and we've had nothing -- I've had nothing but good -- all the residents are very
happy with their waste pickup, and I'd like to continue that for the next year. So I'd be
voting yes.
YOUNG: Thank you.
MAYOR FRIEDEL: Councilwoman Earle? Sorry.
EARLE: Thank you, Mayor. Thank you. That's okay. I did notice, I know, where we pay
less, but we also are the only town that only gets one annual bulk pickup, so that would
make a difference.
As we were listening to the other people in here before and following what their wishes
were, this is affecting everybody in our town and what they're going to be paying, and I
have received several requests to not approve the increase and to go forward and
look -- put in the RFPs. I'm sorry it's extra work, but I would like to see what else would
be out there.
And I understand the increase of costs. I own a business myself, too, so I have been
experiencing that as well, but it is a contract, and it's the one year, so I will be voting
with what you said to deny, which would be a yes, I guess.
[CROSS TALK]
MAYOR FRIEDEL: Councilwoman?
MCMAHON: Thank you very much. Thank you for your presentation.
YOUNG: You're welcome.
MCMAHON: I appreciated it. It was very concise and clear. And thank you, also, for
explaining that this is for fixed costs. It's not just a frivolous increase, et cetera.
YOUNG: Correct.
MCMAHON: Also, as for the grant money, that's a separate department. That has
nothing to do with these rates, correct? I mean, usually when corporations have -- like,
give grants, et cetera, that's a whole separate budget. It's a whole separate thing that
corporations do in order to support businesses as a thank you or whatever you want to
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say it is, support education, et cetera, because I don't want that to get sullied, and I
don't want that to be intermixed with what you're requesting here.
YOUNG: That is correct. Thank you. Thank you for that clarification on that. You know,
that was part of our contract that we put together in 2019.
MCMAHON: Right.
YOUNG: It was a different environment, different climate as well. But we do have a
separate department that does --
MCMAHON: It's a benefit.
YOUNG: -- the grants. Correct.
MCMAHON: It's a benefit to the town, and, you know, our Youth Coalition has received
it, and they're very, very appreciative, and other organizations have, so they really -- I
know, being on their committee, that they sincerely appreciate whenever they receive
that grant, so thank you very much.
YOUNG: You're welcome. That's good to hear. Thank you.
MAYOR FRIEDEL: Councilman?
SKILLICORN: Thank you, Mr. Mayor. I do want to point out the comparison was not an
apples to apples comparison. The other cities that are listed are self-haulers. Those are
government programs with government bloat and prevailing wage and those additional
costs, so they're not an apples to apples, not even close.
There's another point that I would never approve a fee increase that overcharges our
residents to give them -- give grants out. I would never, ever do that. And frankly, our
town has a little trouble with overbilling on vendors, so that is definitely an issue that I
have.
YOUNG: If I may, I just do want to point out the City of Buckeye is on the list, and we do
haul for the City of Buckeye, and they had a rate, I believe, of $25 on there. So we haul
for the City of Buckeye.
MAYOR FRIEDEL: Town Clerk, are there any --
BENDER: We have none.
MAYOR FRIEDEL: No speaker cards? Thank you.
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KALIVIANAKIS: If I may just add one more comment?
MAYOR FRIEDEL: If it's brief.
KALIVIANAKIS: It's relevant, yeah. I just -- I find it unfortunate that your company has
been generous in giving our youth and other grant opportunities to this town, and we're
now, tonight, going to say that we're going to punish you for that. That doesn't make
sense to me. That defies common sense.
LARRABEE: May I?
MAYOR FRIEDEL: Vice Mayor?
LARRABEE: As my fellow councilmember pointed out, those -- the grants are a separate
department. And thank you for --
YOUNG: You're welcome.
LARRABEE: -- you know, that community service. However, being a completely
separate entity, I feel it needs to be considered separately, and, therefore, my gratitude
is with you still. However, I will also be voting to deny.
MAYOR FRIEDEL: Councilman?
WATTS: I'm baffled by the word punished. I don't -- I don't see where you're being
punished. I think we're doing our due diligence to ask questions that are prudent to get
our residents the best deal we can get them. That's what we're tasked with.
Punishment has nothing to do with it. Legitimate questions about maybe we should
take away the grants, maybe we should ask you to look at it again without the grants
and say -- then that would abate that type of a problem. So punishment -- I take
exception to a punishment, but I do think we ought to look at excluding grants.
YOUNG: And if I may, I did bring up grants as part of -- because that's part of the
agreement that we had in 2019, right? It's -- without the grants, the costs to do
business are the costs to do business, right? Transportation is what it is. Fuel costs are
going to be there still.
And so we look at the overall business in terms of what it takes to put a driver in a truck
to come out to Fountain Hills and pick up the trash. And grants are separate from that,
and it's a benefit to the Town that we've offered and negotiated in our agreement. And
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if we were to be selected to go forward in the RFP, we'd probably offer something
similar, right? And it's just something that we do to show our gratitude and support to
the town, and I think it's been well-received over the last few years, and I'm happy that
we do it.
WATTS: But in that same venue, the grants may be a benefit to a select group.
YOUNG: Um-hum.
WATTS: It's not a benefit to the entire town. And while this is a new contract,
effectively, because you're asking for an increase that exceeds the previous contract --
YOUNG: Correct.
WATTS: -- we've got a new one. We have the opportunity to make exclusions in that
contract and say grants we want to exclude, so that is a possibility.
YOUNG: Correct.
WATTS: So -- and I understand the difference between fixed costs and variable costs,
and I assume you've taken all of those things in as well as your gross margin, and I'm
happy to hear that fixed costs are being the only thing considered in this. So thank you
again.
YOUNG: Thank you.
WATTS: Can -- did Allen make a motion? Did you make a motion?
EARLE: Yes.
MAYOR FRIEDEL: Allen made a motion. Did you get --
EARLE: And I seconded.
MAYOR FRIEDEL: You seconded? Okay.
WATTS: Okay. Is it possible to amend the motion by excluding grants? Would you --
would you consider that?
SKILLICORN: Mr. Mayor, Councilman Watts, my motion was to deny.
WATTS: To deny.
SKILLICORN: What I think would be prudent is to vote that up or down, and then if you
want to make a subsequent motion, I believe we could do that. Was that the case?
WINGO: Yeah, Mayor and Council, I'm a little -- it's a little convoluted. I'm not sure
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what's being requested. There's, right now, a motion on the table to deny the extension
of the agreement. What's being proposed --
SKILLICORN: This is what I would suggest because if we vote on it, which is fine, we can
agendize it for the next meeting with any way we want to word it.
WATTS: So why don't we ask Waste Management to come back and say here is the
price inclusive of grants and here's a price exclusive of grants.
YOUNG: Republic Services.
WATTS: I'm terribly, terribly sorry.
YOUNG: I wouldn't be able to walk out of here with my head high if I -- if I let that go.
WATTS: Okay. I'll just shut up now.
SKILLICORN: Innocent mistake.
WATTS: Sorry.
EARLE: Can I --
YOUNG: Okay. It's okay. Don't worry.
EARLE: Can I just make this real quick -- so if we deny this increase, we still are -- the
residents are still going to get an increase of three and a half percent?
YOUNG: Um-hum.
EARLE: But they're not going to get the increase of ten percent? Or is it more than ten
percent, the increase?
YOUNG: The total increase is 14 percent, so they would have --
EARLE: So they would be a three and a half percent instead of a 14 percent increase. If
we deny, so we say yes on this -- what Allen is saying, if we say yes, then there's still an
increase, but it's not the 14 percent increase. It's a three and a half percent increase,
correct?
GOODWIN: Yes.
WINGO: Well, I don't think -- you wouldn't be -- you wouldn't be -- you wouldn't be
moving forward for another annual term with this company.
EARLE: Right. We would also, then, be putting on an RFP unless they decide that --
that's if they decide that they want to -- he would have to decide -- their company
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would have to decide if they want to cancel us for this next year, so that would be your
choice if we -- if we vote this way now. So I'm going to be a vote with Allen, yeah.
MCMAHON: So I need clarification. I apologize. So the motion is just -- is to deny.
Deny continuance, deny the rate increase. Am I understanding that, Mayor?
EARLE: We're not denying continuance -- not denying continuance. It will be their
choice to -- if they will continue with us this next year or not. They will have to tell us
right away.
MCMAHON: I need it clarified. I'm sorry. Because if -- I feel like if -- that we're --
clarification to deny what?
MAYOR FRIEDEL: The rate increase.
MCMAHON: Okay. That's all we're working on right now. Okay. Thank you so much.
SKILLICORN: Thank you, Mr. Mayor. Yeah, it's just the motion to deny this rate
increase. The current contract still goes to January.
MAYOR FRIEDEL: And there's no speaker cards? Okay. Councilman Watts, do you have
another question?
WATTS: So if we deny, then we don't have the opportunity to look at an alternate
without the inclusion of the grants; is that correct? You'll just go through the duration
of the contract until December 31?
YOUNG: The grants were part of our current agreement, right?
WATTS: Right. Right. So we don't have any opportunity to look at a reduced price on
behalf of the residents.
YOUNG: Oh, correct.
WATTS: If we deny, we'll just go through the duration of the contract, run an RFP, if
possible. And again, we're looking at the labor burden on staff and how much that's
going to take with everything else that we've got going on. So I'm -- I really wish there
was a way we could approve the increase with the -- for the short term, for the one
year, and then -- I got to defer back to Councilman Skillicorn and see where we go.
MCMAHON: I know, but isn't the only thing before Council the rate increase?
YOUNG: For the one year, correct.
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MCMAHON: That's the only thing that's before Council right now.
MAYOR FRIEDEL: So you do -- you either approve or deny the rate increase, and you
have a year --
YOUNG: Through January -- yeah, it'll start January 2026 --
MAYOR FRIEDEL: Yeah.
YOUNG: -- through January 2027.
MAYOR FRIEDEL: Yeah. And then you have a year to renegotiate coming up.
YOUNG: If you approve it.
MAYOR FRIEDEL: If you approve it.
MCMAHON: Okay. Thank you for the clarification again.
KALIVIANAKIS: Just to make my clarification because it says right in the risk analysis --
MAYOR FRIEDEL: You said one --
KALIVIANAKIS: -- if not approved, the Town will immediately begin their Request for
Proposals, which the Town Manager said would be very difficult to get one in time. Did
you not say that? It would be very difficult for us to put the Request for Proposal out,
solicit the bids, and pick a new company to seek the best pricing for solid waste and
recycling pickup services beginning January 2026. However, there is a risk that this
bidding process will result in higher fees for town residents than the Republic Services'
proposed increase for 2026, meaning they can come back and say, sure, we'll do it for
$35 a month because they're not going to be bound by this ten percent to cover their
costs. They can come back at 20 percent; is that correct?
And so we're going to be laying ourselves bare to any other company that says, okay,
Fountain Hills doesn't have a contract, and so we can come in anywhere we want. So
the most prudent and the most conservative thing would be to go with what we know,
which is a ten percent, give the Town --
EARLE: (Indiscernible).
KALIVIANAKIS: Well, the 3.5 is built in. Okay? So the additional would be to cover their
additional expenses. The conservative thing would be to do the extra 10.5 percent, give
the Town enough time to -- excuse me. The Town would get enough time to do a
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Request for Proposal and not be under the gun and take something that might be much
worse for our residents and a much higher fee all because you're giving out grants to
kids.
MAYOR FRIEDEL: Okay. We have a motion and a second. Can we get a roll call, please?
GOODWIN: Let's be sure that (indiscernible).
MAYOR FRIEDEL: And this is -- be sure -- let's be sure everybody understand this. This is
to deny any increase.
BENDER: Councilmember McMahon?
MCMAHON: I don't -- nay. I don't want to deny. I want to approve it.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Nay.
BENDER: Councilmember Watts?
WATTS: Nay.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Nay.
BENDER: Mayor, the nays have it four to three.
[CROSS TALK]
WATTS: It fails.
MAYOR FRIEDEL: So that fails.
KALIVIANAKIS: Okay.
MAYOR FRIEDEL: Now, we need a motion to approve --
EARLE: So moved.
KALIVIANAKIS: Yeah, and I'd like to make that motion --
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SKILLICORN: Make a motion to approve without any grants.
MCMAHON: Excuse me. That's not before --
KALIVIANAKIS: No, no, no, I'm making the motion right now. The motion --
MCMAHON: That's not before --
KALIVIANAKIS: -- would be to approve --
MCMAHON: That's not --
KALIVIANAKIS: -- the request for public services --
MCMAHON: That's not before Council. The only thing that's before Council is the rate,
to approve or deny, period.
MAYOR FRIEDEL: Yeah.
WATTS: It has to get amended.
MCMAHON: Thank you.
KALIVIANAKIS: Anyway, my motion was to approve the request for public services with
the contract extension going to January 15, 2027.
MCMAHON: Second.
MAYOR FRIEDEL: A motion and a second. Can we get a roll call, please?
SKILLICORN: I'd like to amend that motion. I'd like to amend that motion with a five
percent cut with no grants. A five percent cut from the 14. I can come up with an exact
amount in a second.
MAYOR FRIEDEL: All right. I think it's --
KALIVIANAKIS: We need to seek a vote.
MAYOR FRIEDEL: Yeah. We have a motion and a second already on the table.
KALIVIANAKIS: Okay. Then vote.
MAYOR FRIEDEL: So we need a -- we need a roll call, please, on the motion and the
second that's on the table.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: I think for the 3 or $4 increase, aye.
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BENDER: Councilmember Earle?
EARLE: No.
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: No.
BENDER: Vice Mayor Larrabee?
LARRABEE: No.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Yes.
BENDER: Mayor, four-three. Ayes have it.
EARLE: I think you got it.
KALIVIANAKIS: I think you do.
YOUNG: Thank you. Thank you for your time today.
WATTS: I think it was the dirty look that Rachael gave me.
MAYOR FRIEDEL: Okay. Resolution with the Regional Public Transit Authority, Rachael?
GOODWIN: Yes. Mayor, I do want to recognize that it is -- I know it's 8:15, and I know
it's been a long, long afternoon. Do you want to take a break, or you want to keep
moving through? It's your call.
MAYOR FRIEDEL: I think we keep going.
GOODWIN: Okay. All right. With that said, our Deputy Town Manager and
Administrative Services Director, Dave Trimble, who is not normally up here very often.
TRIMBLE: We'll try to roll through this quick.
GOODWIN: Yes. Thank you.
TRIMBLE: I know it's getting -- it's getting late. So I have seven slides of content. That
doesn't include the cover sheets. There's a lot of detail in the staff report, but we'll try
to keep it moving.
Today, I'd like to provide an overview why we're here today, overview the RideChoice
program ridership, look at some cash flow and, unfortunately, related funding problem,
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and then we'll look at some options that we want to be thinking about to solve that
issue.
So in terms of an overview, the reason why we're here is each fiscal year, the Town and
Valley Metro enter into an intergovernmental agreement. We'll call it IGA. They call it a
TSA, Transit Service Agreement. We do that yearly. Most of the time, it's pretty boring.
It's routine, and it's typically on the Consent Agenda. Past few years, it's been a little
more exciting. We've had some budget issues with funding that we have received
going away and the cost of services increasing. As a result, we discontinued the 515
bus service last year, and it finally stopped in April of this year. And again, in the past,
no General Fund monies have currently been spent on transit. And again,
unfortunately, due to rising usage and decreasing funding, we'll need to address a
funding shortfall.
Now is a good time to mention today's recommendation is that we approve the
agreement for this year coming up in July, and then we plan on revisiting this again in
the fall for our budget discussions. So I just wanted to mention that so we don't have to
memorize this or make any major decisions tonight. Just kind of want to get a preview
of what's coming down the road.
As an overview here, as mentioned, again, the bus service was discontinued, so we
only have RideChoice remaining. RideChoice is simply a heavily discounted door-to-
door service that's similar to Uber and Lyft with one big distinction, and that is that
users can call for a ride using their telephone. And that's administered through Valley
Metro.
And as far as the funding sources, you know, you can see that one of the two is going
away, and we'll be left with only the Arizona Lottery Funds, or, abbreviated, ALF, and we
can consistently count on $60,000 per year coming in that funding. The lottery players
are consistent from year to year, and that's our little, tiny share of Arizona lottery
proceeds. It amounts to a pretty consistent $60,000 per year.
The problem is that pays for approximately 1,500 rides per year, and that's a key
number. We'll talk about that a little bit later. Latest -- my slide says that we'll be
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projected to be depleted in fiscal year 2028. However, some of the latest numbers I'm
looking at in terms of ridership, I'd really like to say 2027 to be more accurate on that
and be on the safer side.
Now, let's jump into some RideChoice ridership chart here. And this one kind of tells
the story. The red line shows you what we can afford without doing anything
differently. And you see that we -- the orange is ridership, and the red line is the --
kind of the money that we can afford. We are surpassing that. And we're -- we've seen
that big upward trend since 2022. Ridership has increased 80 percent in the last two
years.
You know, in some ways, we're kind of a victim of our own success. We've been trying
to promote it. It's something that the residents like. They're using it. But
unfortunately, as you can see, we only have money for 1,500 rides per year
approximately. That's just based on the costs that we see per ride. So this is a funding
gap that we'll have to try to work out, and we'll look at some of the cash flow slides
coming up.
The next two slides are saying the same thing, only in a different format. And the first
one is really hard to read, so I won't stick on that one for too long. Just a quick note
again. It shows -- if you look at the 2028, that shows the first year that we're in the
negative, if you look down there at the cash balance available. I really think more -- it's
more like probably 2027 that we would run out. The next slide shows this a little bit
better. The bars going down show when we would go into the negative. Again, I want
to emphasize that next year, I think, we're fine. It's just the years after that, it gets
really -- gets really sticky.
So I think, you know, we've illustrated the problem, so now, let's jump into some of the
potential options. And these are just kind of brainstorming. Again, we'll bring these
back and maybe get your sentiment, if you have any today, or we -- again, it's getting
late. We can bring -- we will bring this back in the fall budget-wise.
So you can see they kind of fall into two major categories, either kind of reduce services
or, you know, use General Fund monies, which we haven't done, to the tune of 60 to
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80,000 per year, and that probably -- that might increase. So under the banner of
reduction in services, we have four different things. One, we could raise fares. We
could go back to the original RideChoice program fare model, which is -- which I got a
couple of examples. A resident currently on the program that takes a ride to the
HonorHealth at 90th and Shea currently is paying $6 for that trip round trip. If we go
back to the original fare model, that would rise from $6 to $14. It really makes the
longer trips a lot more expensive under the original model.
And another example -- because the higher premium kicks in after the first eight miles,
so everything after that starts to -- starts to get more expensive. So another example, if
you go -- if someone was going to the Mayo Clinic on the 101 and 56th Street, the big
Mayo hospital, we go from $6 to $30. So that's one potential thing to think about.
That would help with, obviously, cost recovery, and it would also, likely, reduce
ridership.
B, we could limit the program to ADA, to those riders with certified disabilities.
Currently, everyone over age 65 automatically qualifies. And under this idea, we could
limit it to only those people with certified disabilities, which they would have to qualify
through Valley Metro. Some of our riders already are qualified, but most are just
seniors that are using the program right now. Obviously, that would limit participation
and, thereby, control costs. Again, none of these are perfect. They all have a downside.
But it would just be a way to control those costs.
C and D get a lot more drastic. C is to just simply pause the program. It's kind of a
better than nothing approach where we would just go, okay, we have $60,000 coming
in, whenever we hit that threshold, we just shut the program off, no more rides. Again,
that's good for about 1,500 rides per year, more or less. We'd just run it until it -- until it
runs out, resume the next year when the next round of money came in. And, you know,
it would be -- it would be -- it would kind of run itself in terms of the money part. It
hasn't been done before. It wouldn't be convenient, but it could work. And it would
still qualify us for our $60,000 of lottery money that we -- that we could at least use for
that program.
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And again, it's kind of a better than nothing approach, which is alternative D, if we
wanted to just, you know, shut down the whole program. We would forfeit those
funds that we are earmarked for each year. We wouldn't have the -- you know, the
$60,000 in transit funding coming in. Very clean option, but it's sure drastic to cut
that program. And then quickly, the last option there is allocate General Fund
money if we want to just, you know, keep the program going in one way, shape, or
form and just allocate enough money General Fund-wise to cover whatever is the
shortfall.
Importantly, we don't have to pick just one of these. We can do a combination. For
example, you could do A and B and, you know, see what happened for a year. It would
probably slow down the rate of spend and see what happened, you know, and go from
there, you know.
And I think that's kind of it. We're also open to any other ideas, so --
MAYOR FRIEDEL: Do you -- do you -- can you take a couple questions now?
TRIMBLE: Oh, yeah. Sure.
MAYOR FRIEDEL: Okay. Here's one. If we don't use the 60,000, does it roll over? Do
we get to use it the next year?
TRIMBLE: No, we don't.
MAYOR FRIEDEL: Oh.
TRIMBLE: In fact, the balance that I talk about that we're -- that we're working off of,
they really don't want us to keep any balance. You're supposed to spend it every year.
MAYOR FRIEDEL: Okay.
TRIMBLE: So it's a good -- it's a good point. That's kind of the balance that we're living
off of right now because we're currently even spending more than we are bringing in,
but we happen to have some balance left over from years when we weren't spending it,
so --
MAYOR FRIEDEL: Councilwoman?
MCMAHON: Thank you very much. Thank you for your presentation. It's a little bit
confusing, so let me see if I can sum it up based on what I know working with Valley
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Metro. These are dedicated, restricted funds for this particular purpose that we receive
from the Arizona lottery. They can't be used for anything else. And like you said, we
can't keep acquiring them. Right now, we do have enough money. And it's not General
Fund money. It's these funds that we've received for this purpose, to pay for the -- and
continue the rideshare program for at least another year or year and a half. So right
now, I think, there is, like, 180,000 -- I think that's what -- or 108,000 there that we have
for use, so then -- so to not have to give it back, so to speak.
I've received a few emails about this program, and our residents really, really like it. It is
an extremely reliable and convenient program. Valley Metro manages all the
administration part of it, et cetera. It would cost us hundreds of thousands of dollars to
do that ourselves this year and to provide this type of a needed service to our residents.
I know that people use Uber and stuff like that. This is part of that. However, people
over 65 and ADA and et cetera, it is just so easy and reliable for them to call to use the
service. So many people have come up to me and said how much they really, really like
it. They appreciate it.
And in addition, Rachael, I don't know if you can address this, but, I mean, our rideshare
has increased by 80 percent, and this money is sitting there for use. So personally, I
would like to see it continue as is, and then when we discuss the budget in the fall, take
another look at it, and then really look and see is this some -- how is it going between
now and the end of the year, how much has it increased, and then what do we -- what
do we project it's going to be, and how can we manage those moving forward with the
funds we'll get and maybe the shortfall, if there's a shortfall.
So I'd like to see this continue, and I think it's very important because I know that our
ride -- volunteer ride program is getting more and more difficult to find volunteer riders
to do medical rides. And this service is not just for medical. It is for a number of
different places that people could go, and they really, really do like it and appreciate it.
And it's all about connecting our community with really solid, reliable transportation
when they need it. So thank you.
MAYOR FRIEDEL: Are you making a motion?
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EARLE: Pardon?
MAYOR FRIEDEL: Are you making a motion?
MCMAHON: I would like to make a motion to approve it as is, and then we'll discuss it
again with more clarity back in the fall. And also, I'm speaking with Valley Metro people
to see if they are going to have a program because they're trying to negotiate a lower
price for this as well. Okay?
KALIVIANAKIS: I'd like to second that motion.
MAYOR FRIEDEL: Councilwoman Earle?
EARLE: Yeah. Thank you. I might have missed something here, but we have enough
money to fund it right now, so we're discussing -- so that would be -- it would be good
to keep it going, but when we don't have the money to pay for it, I would say revert to
the original fare model, still have it available, and whatever monies we have, put
towards it, and then do the regular fare model because I did get input from many
residents that said that they really do use it.
And I don't know if anybody knows this, but I don't know if Medicare -- do they -- when
you're on Medicare, is there anything to help you get places? I wonder if -- there's so
many things that maybe people don't know about. I don't know. So but anyway, but
that's --
MCMAHON: There are a few of them listed on our Town website.
EARLE: Pardon me?
MCMAHON: There are different choices, you know, like cabs and -- there's
transportation for cabs and other things provided on our website as well --
EARLE: Okay.
MCMAHON: -- for people to access.
EARLE: Okay.
MCMAHON: And it's -- and I know that Mike updates it all the time.
EARLE: Okay. So if we vote yes for this tonight, we're just saying that we're going to --
approving keeping the funds going as they are now, correct?
TRIMBLE: Mayor, Councilmember, that's our recommendation tonight --
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EARLE: Oh, okay. Perfect. But --
TRIMBLE: -- is just for this year, we're good, for the -- for the fiscal year --
EARLE: But then next year, we look at --
TRIMBLE: -- that starts in July --
EARLE: Okay.
TRIMBLE: -- and then we'll talk more about it. I just wanted to --
EARLE: Oh.
TRIMBLE: -- make sure that everybody knew that this is a problem.
EARLE: When you say this year, are you talking about --
TRIMBLE: July 1st coming up --
EARLE: Into the next July.
TRIMBLE: -- 2025.
EARLE: Because, I know, I get so confused with this --
TRIMBLE: June 30, 2026.
EARLE: -- July to July.
TRIMBLE: Yeah. Thank you for the clarification.
MAYOR FRIEDEL: Councilman Skillicorn?
SKILLICORN: Thank you, Mr. Mayor. Director Trimble, do you know if there's any
prohibitive -- you know, any stipulation or requirement that people that use this be
citizens?
TRIMBLE: I don't know the answer to that. They have to be resident -- do you mean
residents of -- they do have to be --
SKILLICORN: Citizens. Is -- are there noncitizens using this? Are we policing that?
MCMAHON: (Indiscernible).
TRIMBLE: I -- we're policing whether they're a Fountain Hill -- I think Valley Metro, to
your point, polices whether they're a Fountain Hills resident. Beyond that, I --
SKILLICORN: Okay.
TRIMBLE: -- don't know.
SKILLICORN: So Mr. Mayor, Director Trimble, it sounds like it's not the case, and I'd
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actually like to make a amended motion that we revert back to the original fare model
and we prohibit General Funds from bailing out future rides.
TRIMBLE: Is that -- is that for right now starting in July?
EARLE: What did you say?
TRIMBLE: I just wanted to clarify the timing.
MAYOR FRIEDEL: Yeah, we had a motion and a second already on the table. We need
to vote on that first.
WINGO: Well, Mayor and Council, I mean, someone can make a motion to amend
what's on --
MAYOR FRIEDEL: If the -- if the original -- if the original motion is agreeable to the
amendment, right?
WINGO: No.
MAYOR FRIEDEL: No?
WINGO: Someone makes a motion to amend --
MAYOR FRIEDEL: No? Okay.
WINGO: -- then they would need a second, then the Council would vote on the --
whether to approve the amendment, and then if that's denied, then it goes -- reverts
back to the original motion. If it's approved, then Council would vote on the motion as
amended.
LARRABEE: A point of clarification. Would you mind repeating what your amendment
was?
SKILLICORN: Yes. Mr. Mayor, Vice Mayor, my amendment would be to revert back to
the original fare model and prohibit General Funds from being used to bail out the rides.
LARRABEE: Second.
MAYOR FRIEDEL: I'm not sure if we want to encumber future councils by doing that. I
don't know that I would be in favor of saying that a future council wouldn't want to --
SKILLICORN: Mr. Mayor, I don't believe we can prevent future councils from doing that,
but it would at least be for, you know, our term here.
EARLE: Can I ask a -- are you saying to revert to the --
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SKILLICORN: Fare amount from --
EARLE: -- original fare amount now --
SKILLICORN: Yes.
EARLE: -- and not use the funds that we have already available for it? Okay.
MAYOR FRIEDEL: No.
SKILLICORN: Mr. Mayor, Councilwoman, it sounds like, in a couple years, we'll be at the
number of rides that we'll be using up the whole $60,000, so this would just probably
extend the program, you know, until costs, you know -- you know, go much higher.
WATTS: Do I get a turn yet?
MAYOR FRIEDEL: Councilman Watts?
WATTS: Sorry. Do we know how Uber and Lyft compare price-wise?
MCMAHON: It's more expensive.
TRIMBLE: A lot -- a lot more than $6, yeah, because the way the new fare program
works is it's basically $3 each way. As long as your --
WATTS: Okay.
TRIMBLE: As long as your one way is under 50 miles, it's a $3 -- it's a $3 ride. And
essentially, the Town or Valley Metro or -- you know, it -- the funding is covering the
delta there, the difference between --
WATTS: So what happened to the eight miles that you talked about earlier? What --
where does that come into play? You just said three miles. Where does the eight miles
come from?
TRIMBLE: That's under the original fare --
WATTS: Okay.
TRIMBLE: -- model. After eight miles, it's $2 every mile after that.
WATTS: Okay. Thank you.
TRIMBLE: So that's where your longer rides really kind of escalate it.
WATTS: Got you. So is there any reason -- when I look at the bar charts, it looks like if
we split the cost between the rider and our share, we could extend this out until 2030?
TRIMBLE: Off the top of my head, it would -- it probably would extend it a little bit, but I
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think the rider -- it just depends. It's really hard to tell what's going to happen with
ridership.
WATTS: Right, seeing as how it's gone up so much.
TRIMBLE: But it -- but it would extend -- you know, if residents are bearing more of the
cost, then it's going to cost the --
WATTS: Okay. Thank you.
TRIMBLE: -- you know, Town less.
KALIVIANAKIS: Yeah.
MCMAHON: Mayor, can I please comment? Thanks.
MAYOR FRIEDEL: Hang on one sec.
Do you have any idea what -- do your stats tell you what kind of mileage we're using
now? I mean, how far are we going? Do you have any idea how many riders are going
50 miles, how many are going 20?
TRIMBLE: We looked at that. Most of them are going shorter distances than I thought.
Most of the ridership appears to be around town --
MAYOR FRIEDEL: Okay. That's what I want to --
TRIMBLE: -- or down to 90th and Shea.
MAYOR FRIEDEL: That's what I wanted to know.
Okay. Councilwoman?
MCMAHON: Thank you. Right now, we have -- again, we have the funds for this. We're
not going in -- it hasn't been tapped into with the General Funds, et cetera. That's not
the plan to do that. That is something that -- depending upon the ridership, et cetera,
that we will discuss at the next budget discussion.
So I really don't see the need to prohibit the use of General Funds because what we're
agreeing to is to spend the funds that we have in the kitty from the State, and then look
at it in the fall and decide what to do if -- you know, with more knowledge as far as the
riders, et cetera, so that we can make a more educated decision about what our choices
might be then.
KALIVIANAKIS: Yeah.
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MAYOR FRIEDEL: Yes.
KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, the way I see this is you've given us a great
gift, something that we don't normally get, which is the luxury of time. Yeah, you're
giving us kind of a year warning that you're going to have to deal with this next year.
During that year, we can reach out to the people, the elderly, the infirm, the people that
are affected by this program, and give them the options of, well, there's going to be
some changes, and so as the Council, we can solicit from the public, you know, well,
these funds are drying up, and then we can get input, what would be the best practical
way for the community. If we went back to the old pricing system now, we'd have to
notice people that their fees are going up. Again, generally older people that need the
program and infirm and ADA.
And I don't see -- since we have a year gift to make that decision, you know, why are we
going in the weeds on this one? Let's just vote it up and have a year to decide how to
proceed then. It's lottery money. It's not like it's, you know, coming from our
taxpayers. And we do have to spend the money eventually, and so, you know, let's just
spend it this year and give our seniors the gift of cheaper transportation.
MAYOR FRIEDEL: Councilman?
SKILLICORN: Thank you, Mr. Mayor. Actually, the Councilwoman made a great
argument for my amendment, that all this does is extend it out -- you know, the
amendment actually extends out the funding until 2031, and it guarantees the program
for these people, so it sounds like a great argument for it.
MAYOR FRIEDEL: We have an amendment on the table with a second. Any other
discussion? Roll call, please. Well, you want to repeat your amendment, Allen?
SKILLICORN: No problem. The amendment was to amend the approval to preserve --
I'm sorry, revert to the original fare model, and prohibit General Funds from being used
for the rideshares.
TRIMBLE: Mayor, if I could, because of the timing, I don't know how long -- it won't be
anything like the 515 bus, but Valley Metro, to implement that, may need a little bit
more time. Maybe not more --
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SKILLICORN: I think we're --
TRIMBLE: -- but we can try.
SKILLICORN: I think we could extend grace.
BENDER: Ready? Councilmember Kalivianakis?
KALIVIANAKIS: Nay.
BENDER: Councilmember Watts?
WATTS: I hate to take something away from the residents that they're used to, that
they've become reliant on. With the increased ridership, that bothers me. I think we
need time to come up with a better solution. I'm not happy about this solution that's
being presented today. So I'll be a nay.
BENDER: Councilmember Earle?
EARLE: I'll do a quick explanation. Since we do have the funds and we have enough for
this next year, and then next year, we talk about changing it to the -- revert to the
thing -- and we can do that within the year. From what I'm reading in here, we don't
have to wait until next year to do that. So I'm sorry, Allen, but I'm a no.
MCMAHON: A clarification is we're voting on his amendment?
EARLE: Yes.
MAYOR FRIEDEL: Correct.
MCMAHON: That's it. Okay. Thanks. We're not voting on my motion?
GOODWIN: Correct.
KALIVIANAKIS: Correct.
MCMAHON: Okay. Thanks so much.
BENDER: Councilmember McMahon?
MCMAHON: Nay.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
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MAYOR FRIEDEL: No.
BENDER: Mayor, five-two. Nays have it.
MAYOR FRIEDEL: Now, we go back to the original motion, and we had a motion and a
second, I believe?
KALIVIANAKIS: Yes.
MAYOR FRIEDEL: Yeah.
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: No.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: I -- where are we on -- can you repeat that one again? I'm lost again.
MCMAHON: It's a motion to approve for this next fiscal year. Just one year.
WATTS: As presented -- as proposed, then?
MCMAHON: Right. Right.
WATTS: Okay. Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Nay.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, five-zero, approved.
MAYOR FRIEDEL: Five-two?
BENDER: I'm sorry. Five-two.
MAYOR FRIEDEL: Yeah.
MCMAHON: Thank you.
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MAYOR FRIEDEL: Thank you, David.
D is approving the purchase of a fire -- I'm sorry.
SKILLICORN: (Indiscernible).
GOODWIN: No, it's D.
MAYOR FRIEDEL: D. Approving the purchase of fire department Type 6 brush truck.
Rachael?
GOODWIN: I'm turning this one over to Chief Ott, five slides or less.
OTT: Good evening, Mayor and Council. What we're asking for is a replacement of a
Type 6 brush truck. I didn't bring any cool photos. I didn't -- I don't have a truck I can
drive in here to show you. But it's replacing an existing truck that we have. It's -- it
meets the Vehicle Replacement Policy criteria for replacing Truck 174. It's almost a like-
for-like truck, although this is a newer truck. The existing truck is a 2012. Again, it kind
of exceeds the vehicle replacement by almost three years. It's got about 81,000 miles
on it.
And the reason I'm bringing it forward tonight right after the budget got approved is
that if we can lock this truck up, the truck that we're looking at purchasing for $314,000
is a demo that's being built, and we have the ability, if it can be -- if we can lock it up
here pretty quick before somebody else decides they want it, we can get it for the
$314,000 price.
So what I was asking for was not to exceed 390,000 before we go on summer break so
that if we miss this truck, our next option is one that's about 360 at this point in time,
but that's got a 12 to 18-month build on it. So we'd be able to -- if we can secure this
truck in the next couple of days, we should have delivery on it by the end of September
opposed to having to wait for a new build, which would be 12 to 18 months.
So what I'm asking for is the approval to move forward with this truck. It's budgeted for
in the Vehicle Replacement Fund, and it was just -- it was asked for in this budget. So
basically, you've already approved it, but I was asking for your permission to try to
secure it tomorrow and move forward with it and have it sooner than later.
MAYOR FRIEDEL: Before we have discussion, were there any comment cards, Town
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Clerk?
BENDER: No, Mayor.
MAYOR FRIEDEL: Councilwoman Earle?
EARLE: Yes. And I noticed in -- earlier in our work session, they said the brush truck
would -- unit would cost around 300,000, so I'm glad you said 314,000 instead of
390,000.
OTT: Right.
EARLE: With that, I would like to make a motion to approve.
SKILLICORN: Second.
MAYOR FRIEDEL: Roll call, please?
BENDER: Councilmember Watts?
WATTS: I don't get to talk?
MAYOR FRIEDEL: No way.
WATTS: So I assume that when you look at the lifecycle of a vehicle, the total cost of
ownership, we've replaced better than 50 percent of the parts, or is it simply an
actuarial issue that you've stopped on and said it's right there, we don't want it to fail
before -- in an unanticipated manner? Is that more of the logic that you're using?
OTT: Mayor and Councilman, correct. Yeah.
WATTS: Okay.
OTT: And especially on something that's a life safety vehicle.
WATTS: Right.
OTT: We've got -- per the policy, it's got a ten-year life to it. We have put quite a bit of
miles on that truck as it was within the town. I had moved it two years ago from being a
truck that ran every day to a truck that doesn't run that frequently in an effort to try to
get a couple more years out of it before we actually came to ask for it with the Vehicle
Replacement Policy side of it.
WATTS: But just to be clear again, you're going -- you're asking for $390,000 as a ceiling
in anticipation of being able to get the $314,000 vehicle or the $360,000 vehicle?
OTT: Correct. And --
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WATTS: So you need the latitude?
OTT: Correct. And so with that in mind, not knowing where the prices are going to be
and if we have to put in for a truck that's being built, the $360,000 truck today might
be --
WATTS: Right.
OTT: -- more than that. So I'll do my best to keep it at the 314. I talked to the company
today. It's still available. So we really feel that it's a little bit later now for them -- for
me to send a commitment letter to them, but we'll -- I'll do that first thing in the
morning, so I feel comfortable that we'll get it for that 314,000 price.
WATTS: Thank you. I'm an aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Will this truck retain the number 174?
OTT: No. Unfortunately, it's probably going to go to 190 or something along that --
depending on when we get it.
MAYOR FRIEDEL: I'm an aye.
BENDER: Mayor, seven-zero.
OTT: Thank you.
MAYOR FRIEDEL: Thank you, Chief.
GOODWIN: Mayor, before we move on from that item, I just wanted to kind of use this
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as a good example of something Councilmember Watts brought up earlier. And I know
we're -- this is kind of in jest, but it's also relevant in that we talked about the budget --
we adopted the budget earlier tonight about where we make efforts to not spend every
dime that's approved. That's a great example of it. Our -- you know, our staff have
taken the time to try to find the best deal that they can on an item that we're going to
need to buy, and by doing this and by being proactive, we've given them an --
empowered them to do that so that the savings is already realized. So thank you for
that. I just wanted to kind of highlight that.
MAYOR FRIEDEL: Good point. Thank you.
All right. E, Possible Action, approving the purchase of a compact Caterpillar hydraulic
excavator. Rachael?
GOODWIN: Director, I know you're up here speaking on behalf of several departments
in one for this item, so I'll turn it over to you.
WELDY: Thank you. Mr. Mayor, Councilmembers, this discussion in regards to this
excavator and other pieces of equipment that we've needed over the years has
generated a lot of discussion between myself and the Town Manager. Most recently,
she asked if I could provide some justification for this in regards to what we spent, so I
sent her a list of projects that we had a kid that grew up here, now took over his dad's
company do. It was about $60,000 worth. And she said, well, that's pretty good
justification. And I reminded her that's just the stuff that we selected to do. The other
stuff, either we attempt to do whenever we can, or some of it might just be a little bit
overwhelming.
I want to give you an example of that and then discuss how things were done in the
beginning. The irrigation on Palisades between Shea Boulevard and Golden Eagle
Boulevard does not function. The primary reason for that is when development was
moving forward and that area was constructed, including other earlier areas, is the
policy was to plant desert species or native plants and shrubs and trees, water them for
one year and turn the water off. Whatever survives, survives. The rest of it simply goes
away. Cost saving measure? Possibly. Good decision-making? If you see Kevin back
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there kind of moving around, no. The plants that you see growing in that median have
simply survived on their own without any water.
Now, we move to the areas that we absolutely, positively have to keep stuff alive, and
that's in the parks. If you've not had an opportunity to go out there in the wee hours,
especially this time of the year, spend a little time watching those guys digging or asking
us to support them with a larger piece of equipment and the struggles that they share to
accomplish this while trying to keep the irrigation flowing can be challenging, to say the
least.
Was that a beer, really?
UNIDENTIFIED SPEAKER: (Indiscernible).
EARLE: Hey, Justin, there's -- may I say something?
WELDY: So what we're asking for tonight is to be able to utilize money that we have
saved from being good stewards in the Public Works Department and Streets and utilize
that funding to benefit this community, not only now, but for the future, and be able to
begin to work on some of this irrigation, not all of it at one time, and plan for applying
for grants from the Water Conservation Authority, which we recently received two, to
begin working on some of the medians, but, most importantly, keep what we have alive
more efficiently without the challenges that we face today.
EARLE: May --
MAYOR FRIEDEL: Councilwoman Earle?
EARLE: Thank you. I appreciate your presentation, and I would like to make a motion to
approve to purchase this --
LARRABEE: Second.
EARLE: -- excavator.
MAYOR FRIEDEL: Councilman Watts?
WATTS: You're quick.
Does it come with a trailer?
WELDY: Mr. Mayor, Councilmember, we already have the treader to move the piece of
equipment.
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WATTS: And it's sufficient? I mean, it's an 8,000-pound piece of machinery or so, so it's
rated -- your trailer is rated so we don't have to worry about the trailer?
WELDY: That is correct. It's the same manufacturer and rated for the skid steer that
this council approved the purchase of sometime back.
WATTS: And you have a certified operator?
WELDY: We do -- so without going into a lot of detail there, I'm currently the only heavy
equipment operator the Town has. The rest of them in the Street Department are
apprentices that are learning to do that.
WATTS: Can I come watch?
WELDY: Absolutely.
WATTS: Thank you. Thank you.
MAYOR FRIEDEL: Councilwoman Earle, did you have something else?
EARLE: Oh, no.
MAYOR FRIEDEL: No? Okay. So you made -- you made the motion?
EARLE: I made the motion. Did anyone want to --
MAYOR FRIEDEL: Do we have a second?
EARLE: Oh, yeah, Hannah did. Yeah.
MAYOR FRIEDEL: Okay. Hannah. Okay. So we have a motion and a second. Roll call,
please?
BENDER: Councilmember McMahon?
MCMAHON: Whoops. Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: Aye.
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BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you. Thank you, Justin.
WELDY: Thank you for the opportunity and the agreement to purchase.
MAYOR FRIEDEL: Next is the Arizona Cities & Towns legislative bulletin. I don't know
that there was a lot going on.
GOODWIN: No, they're adjourned. They will be returning shortly to begin the budget
process, but everything's kind of in a holding pattern right now.
MAYOR FRIEDEL: Okay.
LARRABEE: Just lots of emails.
GOODWIN: Um-hum.
MAYOR FRIEDEL: Yeah. Yeah.
All right. Council direction to the Town Manager? Town Clerk, did you have something?
No? Okay.
Councilwoman?
KALIVIANAKIS: Thank you, Mr. Mayor. I -- this is kind of tricky. In light of the
conversation that we had today with our Economic Director Manager, Amanda, it's
obvious that the Morningside project or the Senderos project has been greenlit. As --
when that project came before us before and we met with those neighbors, they were
very concerned about the urban-style project being made in their neighborhoods. At
that time, we didn't think that they were going to go through with it, they would drop
the project. That was the consensus of the Council at that -- with the previous council.
Since they've purchased the property -- the church property, they're going to build four
houses on that property, and then the 70-unit urban-style configuration on the other
4.3. I know me and you, we visited with the neighbors. We're intimate with that
project.
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What I would like to do is direct the Town Manager -- and again, not to put this on an
agenda item, but just see if the Senderos people, the Mountainside (sic) people would
be amenable to going back to their original project, which would be no houses on top of
the hill. It would all be underneath the hill. It'd be much more friendly, much more
convenient for the neighbors.
If they were, we can -- again, we can canvass the neighbors, see which project they
would like to go forward with, and then we could just base it on input that we get from
the neighbors, did you want the 70 and the four, or would you like the 80-unit -- and,
you know, we all saw the renderings last year. So I would like to get the go-ahead to at
least make inroads to see if that is a project that they would be still amenable to
building.
SKILLICORN: That's crazy. That's the dumbest thing I've heard all day.
MAYOR FRIEDEL: I don't think any plans or anything has been submitted yet as to what
that urban-style building is going to look like, have they?
GOODWIN: Yes, they have.
MAYOR FRIEDEL: They have them? Oh.
GOODWIN: Yeah, it's currently being -- it's submitted by right at this point.
MAYOR FRIEDEL: Yeah.
GOODWIN: And I think what I understand Councilwoman Kalivianakis to say is if the -- if
there would be a reconsideration of the original project that was brought before
Council. I'm looking for some direction on this.
MAYOR FRIEDEL: I would say leave that up to the developer to find out. Why put it on
the Town staff?
KALIVIANAKIS: Well, because they already applied for the rezone, you know, and that --
MAYOR FRIEDEL: Yeah. I'm not in favor of putting that on the Town staff to find out.
SKILLICORN: She spoke.
MAYOR FRIEDEL: Huh?
LARRABEE: I don't believe there's an avenue to reapply.
MAYOR FRIEDEL: Yeah. Yeah, I'm not sure there's an avenue -- that's right.
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Councilman Skillicorn?
KALIVIANAKIS: I'm sorry. We (indiscernible).
LARRABEE: I don't believe there is an avenue for them to reapply for a special use
permit -- sorry. I don't believe there's an avenue to reapply for a special use permit that
was denied by the Council at this point.
KALIVIANAKIS: Well, no, there's enough zoning (indiscernible).
WINGO: Well, we're -- Mayor and -- Mayor and Council, we're --
MAYOR FRIEDEL: Let's hear from our town attorney.
SKILLICORN: We're discussing --
WINGO: Yeah, we're starting to, like, discuss substance of a project --
MAYOR FRIEDEL: Yeah.
WINGO: -- that's not been noticed on this meeting. So, I mean, for a future agenda
item, if that was the will of Council, but this is not -- we're crossing the line on what's
been noticed.
SKILLICORN: Thank you, Mr. Mayor. I would like to add a future agenda item about the
widening of Shea Boulevard and funding sources. Specifically, my intent is to -- is for us
to discuss that, and potential action would be for us to write a letter to MAG asking for a
higher percentage of funding on that.
EARLE: I'll second that.
LARRABEE: I'll third it.
KALIVIANAKIS: So I guess we skipped from Town Manager to agendas magically.
SKILLICORN: I think -- I think the Mayor asked for future agenda items, right?
KALIVIANAKIS: I don't think he did, but we're there.
SKILLICORN: That's funny because --
MAYOR FRIEDEL: Actually, we're on Direction to the Town Manager, but that's --
EARLE: Oh, well.
KALIVIANAKIS: But if we skipped ahead, I would still like to, in that case, agendize and
try to get a second, a third just to relook at the zoning variance for the Senderos project
to build a better project for the neighbors and then solicit input from the neighborhood
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to see which one they want. Can I get a second?
MAYOR FRIEDEL: Any other future agenda items? We'll jump back to that now.
Anybody have anything else?
Okay. All right. Having heard none, can I request a motion to adjourn?
SKILLICORN: So moved.
MAYOR FRIEDEL: A second?
LARRABEE: Second.
MAYOR FRIEDEL: All in favor?
ALL: Aye.
MAYOR FRIEDEL: Thank you.
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HAVING NO FURTHER BUSINESS, MAYOR GERRY M. FRIEDEL ADJOURNED THE REGULAR
MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL HELD ON JUNE 3, 2025, 9:00 P.M.
APPROVED:
____________________________________
GERRY FRIEDEL, MAYOR
ATTEST:
____________________________________
BEVELYN BENDER, TOWN CLERK
CERTIFICATION
I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF
THE MINUTES OF THE REGULAR TOWN COUNCIL MEETING OF THE TOWN COUNCIL,
FOUNTAIN HILLS, ARIZONA HELD ON JUNE 3, 2025. I FURTHER CERTIFY THAT THE
MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT.
________________________________
BEVELYN BENDER, TOWN CLERK
DATED this 2nd Day of September 2025.
Meeting Packet Page 193 of 488
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 5, 2025
A Special Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 4:02 p.m.
Members Present: Mayor Gerry M. Friedel; Councilmember Gayle Earle; Councilmember Brenda J. Kalivianakis; Councilmember Rick Watts Attended Telephonically: Vice Mayor Allen Skillicorn; Councilmember Peggy
McMahon; Councilmember Hannah Larrabee; Town Attorney Jennifer Wright Staff Present: Town Manager Rachael Goodwin; Town Clerk Bevelyn Bender
Meeting Packet Page 194 of 488
TOWN OF FOUNTAIN HILLS
August 5, 2025 SPECIAL MEETING
Page 1 of 5
Post-Production File
TOWN OF FOUNTAIN HILLS
Special Meeting
August 5, 2025
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.
* * * * *
Meeting Packet Page 195 of 488
TOWN OF FOUNTAIN HILLS
August 5, 2025 SPECIAL MEETING
Page 2 of 5
MAYOR FRIEDEL: Call this meeting to order. Special meeting.
Town clerk, can we take a roll call, please?
BENDER: Mayor Friedel?
MAYOR FRIEDEL: Present.
BENDER: Vice mayor Skillicorn? Not yet. He's supposed to be calling in.
Council member Earle?
EARLE: Present.
BENDER: Counsel member Kalivianakis?
KALIVIANAKIS: Here.
BENDER: Counsel member Watts?
WATTS: Present.
BENDER: Counsel member Larrabee?
LARRABEE: Present.
BENDER: Counsel member McMahon?
MCMAHON: Here.
MAYOR FRIEDEL: Thank you.
I want to make one quick announcement. There's no public discussion on tonight's
agenda items. So we're going to move through this as quickly as we can, and we're
going to give some direction to town staff on the one other agenda item that we added
to this.
So we'll start with our consent agenda. Does anybody have any issues with the consent
agenda?
Can I get a motion?
UNIDENTIFIED SPEAKER: Motion to approve consent agenda as written.
WATTS: Second.
MAYOR FRIEDEL: We have a motion and a second.
Town clerk. Roll call, please.
BENDER: Counsel member Larrabee?
LARRABEE: Aye.
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Page 3 of 5
BENDER: Counsel member McMahon?
MCMAHON: Aye.
BENDER: Counsel member Watts?
WATTS: Aye.
BENDER: Counsel member Earle?
EARLE: Aye.
BENDER: Counsel member Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Vice Mayor Skillicorn?
And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, six, zero.
MAYOR FRIEDEL: Thank you.
And we'll move on to our one regular agenda item, consideration and possible action
relating to a possible pause in the community center fee schedule.
Rachael, do you want to make a comment on that?
GOODWIN: Sure.
I'll just give you a quick summary of what's in the packet, which is that the items being
presented tonight at the direction of Mayor Friedel in response to recent feedback
received from local nonprofits -- local nonprofit organizations and community members
regarding the community center fee schedule. The item proposes a temporary
suspension on the new -- on the enacted nonprofit pricing structure that was previously
directed by counsel. It would revert the -- it would essentially suspend it through
September 9th and it would only apply to renovations taking place between now and
that date.
The intent, of course, is to allow additional time for both counsel and staff to evaluate
the policy, consider the public input received, and prepare for a more comprehensive
discussion. It's important to clarify that there will be no staff presentation or additional
data shared this evening. A full review and discussion of the nonprofit pricing policy is
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August 5, 2025 SPECIAL MEETING
Page 4 of 5
scheduled for September 9th as a work study session.
MAYOR FRIEDEL: Thank you. Can I get a motion?
LARRABEE: Move to approve.
WATTS: Second.
MAYOR FRIEDEL: Okay. We have a motion and a second to move this.
Town clerk, roll call, please?
KALIVIANAKIS: Can I -- can I just do a point of order? At least in our agenda, we have
two different motions. Should we clarify which motion that we're voting on?
LARRABEE: To answer the clarification, I'd like to move to approve the pause on
community center fees until September 9th.
KALIVIANAKIS: Yeah. And second, that motion, I think that's the one that I'd like to vote
on, too.
MAYOR FRIEDEL: And I -- I think we already had a second.
KALIVIANAKIS: We just weren't sure what the motion was.
MAYOR FRIEDEL: Okay. So we -- so we had a motion and a second.
Roll call, please.
BENDER: Counsel member Earle?
EARLE: Aye
BENDER: Counsel member Skillicorn?
SKILLICORN: No.
BENDER: Was that a no?
SKILLICORN: That is correct, a no.
BENDER: Counsel member McMahon?
MCMAHON: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Councilmember Larrabee?
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August 5, 2025 SPECIAL MEETING
Page 5 of 5
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, six, one.
MAYOR FRIEDEL: Thank you.
And that's all we have for tonight.
Can I get a motion to adjourn?
KALIVIANAKIS: Motion to adjourn.
MAYOR FRIEDEL: Second?
Gayle?
EARLE: Second.
MAYOR FRIEDEL: All in favor?
ALL: Aye.
MAYOR FRIEDEL: Thank you.
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Having no further business, Mayor Gerry M. Friedel adjourned the Special
Meeting of the Fountain Hills Town Council held on August 5, 2025, at 4:07 p.m.
TOWN OF FOUNTAIN HILLS
_______________________
Gerry M. Friedel, Mayor
ATTEST AND PREPARED BY:
__________________________
Bevelyn Bender, 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 5th day of August 2025. I further certify that
the meeting was duly called and that a quorum was present.
DATED this 2nd Day of September 2025.
_____________________________
Bevelyn Bender, Town Clerk
Meeting Packet Page 200 of 488
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 17, 2025
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 Larrabee; Councilmember Gayle Earle; Councilmember Brenda Kalivianakis; Councilmember Peggy McMahon; Councilmember Rick Watts; Councilmember Allen Skillicorn
Staff Present: Town Manager Rachael Goodwin; Town Attorney Robert Wingo; Town Clerk Bevelyn Bender
Meeting Packet Page 201 of 488
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JUNE 17, 2025 TOWN COUNCIL MEETING MINUTES
Page 1 of 106
Post-Production File
Town of Fountain Hills
Fountain Hills Town Council Meeting Minutes
June 17, 2025
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.
* * * * *
Meeting Packet Page 202 of 488
TOWN OF FOUNTAIN HILLS
JUNE 17, 2025 TOWN COUNCIL MEETING MINUTES
Page 2 of 106
MAYOR FRIEDEL: I'd like to call that meeting to order. And if everybody would please
rise for the Pledge of Allegiance.
[Pledge of Allegiance]
MAYOR FRIEDEL: And if you would remain standing for a moment of silence, if you
choose. Tonight we're going to try and have a moment of silence to remember the
politicians that were gunned down in Minnesota. So a moment of silence, please.
[Moment of silence]
MAYOR FRIEDEL: Thank you.
And now, we'll start with our reports by council members and town manager. Rachel
Goodwin, town manager.
GOODWIN: Thank you, Mayor. I just have two quick updates.
A number of us from the staff, as well as a number of our electeds, joined us for
our length of service luncheon, and I wanted to thank all of our staff, those that were
recognized and those that were able to join us. What we do, we can't get done without
our staff and having that chance to kind of recognize them as was very important.
Secondly, we also had a retirement. I wanted to recognize Jeff Larson. Jeff has
been with us on our streets and public works team for 20 -- yes, 20-plus years. And Jeff
was a big part of our team and we bid him farewell earlier this month. So I just wanted
to wish him our best.
With that Mayor, that's my update.
MAYOR FRIEDEL: Councilwoman Earle?
EARLE: Yes. I want to say also that I attended that employee length of service
luncheon. It was really nice to see the staff, how -- you know, having a fun time and
how they interact when they're not working. They seem to all like each other. Iike you
to. Yeah. And also spent mostly my time the last couple of weeks -- or week or so
interviewing attorneys. Thanks.
MAYOR FRIEDEL: Councilwoman?
KALIVIANAKIS: Thank you, Mr. Mayor.
Greeting everybody. For you at home, we have a really packed house tonight.
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It's always good to see that. Live streaming YouTube, here present in the chambers, it's
good to have all of you here with us tonight. The underlying principle of an informed
citizenry remains the cornerstone of democratic theory, often attributed to Thomas
Jefferson. He said a well-informed citizenry is the best defense against tyranny.
Of course, I also attended the June 5th employee length of service luncheon. I
do want to point out that David Trimble made an admirable emcee. Good job, Dave.
And our very own town manager celebrated ten years of service to Fountain Hills. So
thank you for that ten years. Amazing. Huh? Yeah.
The council and staff have spent countless hours working on an RFP that
Councilmember Earle just mentioned. An RFP is a request for proposals from law firms,
in this case to replace Pierce Coleman. It was a very demanding couple of weeks for our
staff, for all the councilmembers and the mayor. We put in a lot of hours, a lot of time,
and a lot of thought went into this process. And so I just want to have a heartfelt thank
you to our staff who got this done in the deadlines that we set, which we thought were
impossible at the time. So job well done.
Lastly, I would like to send my sincere condolences to the family and friends of
fallen Apache Junction Ofc. Gabriel Facio. Those condolences extend to the Apache
Junction Police Department and the citizens of that close-knit community. He left
behind a wife and two daughters. The press said he was responding to a routine traffic
stop. I've always had a problem with the term routine traffic stop or routine domestic
violence call. There is nothing routine in the career of a law enforcement officer. Each
encounter can go sideways very quickly.
Ofc. Facio immigrated here from Mexico. He worked hard to obtain his
citizenship, and his lifelong dream was a career in law enforcement, of which he served
admirably. He said that he wanted to make his family proud, and I'm sure he did. So
rest in peace, Ofc. Facio. Your service will never be forgotten. And that's my report.
MAYOR FRIEDEL: Thank you. Councilman Watts?
WATTS: A fairly quiet week. One of the highlights was the recognition ceremony and a
shout out to staff for selecting Batchelor Pad (sic). It's hard to beat their food. So it was
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a good week. Free food always makes for a good day. Thanks.
MAYOR FRIEDEL: Councilman Skillicorn?
SKILLICORN: Thank you, Mr. Mayor.
One of the best parts of being on counsel is receiving the emails from residents.
So thank you so much. There's obviously a few people that are here about Palomino.
Thank you for coming. Thank you for voicing your opinion. And we look forward to
hearing what you have to say. And I think you might look forward to what we have to
say about that, too.
I also want to point out over the weekend, Saturday was Flag Day, June 14th. It
was also the birthday of a prominent person in town. Sheriff Joe Arpaio was 93 years
old on Saturday, it's his birthday, and he shares that a birthday with President Trump.
Thank you very much.
MAYOR FRIEDEL: Councilwoman?
MCMAHON: Thank you.
Good evening everybody. I attended the Valley Metro Audit and Finance
Committee meeting and also the Valley Metro Board meeting. And also I attended the
grand opening of Baseline and Central Avenue opening of the new light rail and station.
The local artists who decorated that station and others, it's just amazing. There were
literally thousands of people there and a lot of community members. This has been in
the works a long time, and those families and community members are really excited
and looking forward to having such quality transportation. And even the surrounding
communities are. So it is really going to be a benefit for those people to have
accessible, reasonably priced transportation. Thank you.
MAYOR FRIEDEL: Vice Mayor?
LARRABEE: Yes. I had the pleasure of being a part of a roundtable for women vice
mayors in the Valley. It was hosted by Christine Ellis of Chandler, and we just had a
really wonderful time hearing the different issues that these cities and towns are facing
in our county.
And on top of that, I'm a little bit dressed for the occasion. On Saturday, we also
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celebrated the 250th anniversary of the United States Army. So thank you very much to
the veterans that live in this town and for your service, because our country was built by
the works of thousands and thousands of you over 250 years.
MAYOR FRIEDEL: Thank you.
And like has been mentioned, the town staff did a lot of work on the RFP for the
attorney interviews. So I want to recognize them, because it was a lot of work, and they
got it done in a timely fashion, and we stayed to our timelines, interviews, and that
really helped the process move along.
I too attended the employee length of service recognition. And again,
congratulations to our town manager. And you know, it's a true testament when you
can promote from within your organization. And Rachel is a good example of that,
because she started out in a different area and ended up being the town manager of the
town. So we really appreciate your service and ten years to the town.
Saturday was the Flag Day ceremony, and I was fortunate enough to be included
in the Elks Lodge. They do a tremendous flag ceremony there. So I was honored to be
able to say a few words at that ceremony with them.
Are the Wednesdays still rolling along? Until the end of this month, right?
UNIDENTIFIED SPEAKER: The Wednesdays?
MAYOR FRIEDEL: Wet and Wacky -- are Wet and Wacky.
UNIDENTIFIED SPEAKER: Oh, Wacky Wet Wednesdays.
MAYOR FRIEDEL: Yes.
UNIDENTIFIED SPEAKER: You know what, I will let Director Snipes comment on that
when he joins us for --
MAYOR FRIEDEL: Okay.
UNIDENTIFIED SPEAKER: -- his update about community services.
MAYOR FRIEDEL: Yeah. Okay.
UNIDENTIFIED SPEAKER: Great.
MAYOR FRIEDEL: So anyway, and also today we had the final one for the summer, and
it was a coffee with the mayor. It was very successful. We had about just under 60
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people that attended that. Lots of questions, lots of good food, and we had a special
visit by the mounted patrol from the MCSO horse patrol. So that was really cool to have
them pull up literally to the event as well.
And then I just wanted to give a shout out because the chamber's got the State
of the Chamber coming up this Thursday morning up at ADERO. So if you haven't signed
up for that I don't know if there's any openings or not, but that'll be happening this
Thursday morning. So thank you.
And with that, we'll move on.
Now, we're fortunate enough to be able to recognize businesses in this town. So
tonight we've got a special recognition for a business, Behavior Ally. We're proud to
recognize them because it's a local ABA therapy practice dedicated to supporting
children with autism.
Behavior Ally was founded by Ally Perrault, a board certified behavior analyst
whose passion for this work is deeply personal motivated by her own son's diagnosis
and a desire to help other families navigate similar journeys.
After earning advanced credentials and receiving training at a national level, Ally
returned to Arizona with a mission to provide compassionate, high quality, individual
care for children with autism. The practice began modestly renting a single classroom at
the Biz Hub, formerly up at our Four Peaks Elementary School. Within just six months,
they outgrew that space.
Ally then relocated to the Avenue of the Fountains, and later expanded again to
a third and current location, a 4,000 square foot facility on Palisades Boulevard next to
Here We Grow.
What started as a two-child operation in 840 square feet has now grown to serve
22 children, with 50 families served since the practice's founding in 2022. From a team
of just two, Ally and one registered behavioral technician, the organization has grown to
employ 35 staff members. That's really huge in a small town, and it's really a testament
to the success and the dedication and the spirit that you bring to the community.
Included in there is 4 certified behavior analysts, 30 behavioral technicians --
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registered behavioral technicians -- and 1 administrative personnel. This is a remarkable
story of local business growth, retention, and expansion, and an inspiring example of
turning a personal passion into a lasting community impact, and it's a great impact on
our community.
So please join me in celebrating Behavior Ally for their meaningful contributions
to our community. Come on up and I'll present this to you, and then we'll have you say
a few things about your business.
PERREAULT: Thank you so much Mayor Friedel for the recognition.
My name is Ally Perrault. I'm a board certified behavior analyst. My family
moved here in 2011. We couldn't imagine living in a more ideal place. And when we
found that we needed early intervention services, we were told by other professionals
to leave because we needed to find a place where we could get more services. And
that's where in 2022 I launched my practice. And that was basically to fulfill that need
of people that were actually here that needed services as my call to action.
So I started my practice. We -- our mission of our practice is to empower
children with autism to engage, learn, and thrive in pursuit of their reaching their fullest
potential. We deliver one-on-one direct therapy in clinic and in the community, as well
as in school environments.
Our direct therapy is medically -- is medically necessary, is also evidence based,
and we do very individualized treatment for the children. So we are-- a lot of what we
focus on is things like language acquisition. We're teaching social and functional
communication as well as cognitive flexibility.
So we have grown into becoming an ASU master's practicum site. So we have a
significant amount of students working with us towards their residency and getting their
experience hours. It's life changing work that I'm so proud to do every single day, and
it's super meaningful that I can do it here in Fountain Hills.
MAYOR FRIEDEL: Great. Thank you. Thank you. Thank you. Thank you for being a part
of our community.
Okay. So now we'll move on to -- we have a proclamation, a designation of July
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as Park and Recreation Month, and Vice Mayor will -- will be reading the proclamation.
LARRABEE: "Whereas, park and recreation are an integral part of communities
throughout this country, including the town of Fountain Hills; and
"Whereas, parks and recreation promote health and wellness, improving the
physical and mental health of people who live near parks; and
"Whereas, parks and recreation promote time spent in nature, which positively
impacts mental health by increasing cognitive performance and well-being, and
alleviating illnesses such as depression, attention deficit disorders, and Alzheimer's; and
"Whereas, parks and recreation encourage physical activities by providing space
for popular sports, hiking trails, and many other activities designed to promote active
lifestyles; and
"Whereas, parks and recreation is a leading provider of healthy meals, nutrition
services and education; and
"Whereas, parks and recreation programing and education activities such as out-
of-school time programing, youth sports, and environmental education are critical to
childhood development; and
"Whereas, parks and recreation increase a community's economic prosperity
through increased property values, expansion of the local tax base, increased tourism,
the attraction and retention of businesses, and crime reduction; and
"Whereas, parks and recreation are fundamental to the environmental well-
being of our community; and
"Whereas, parks and recreation are essential and adaptable infrastructure that
make our communities resilient in the face of natural disasters and climate; and
"Whereas, our parks and natural recreation areas ensure the ecological beauty
of our community and provide a place for children and adults to connect with nature
and recreate outdoors; and
"Whereas, the U.S. House of Representatives has designated July as Parks and
Recreation Month" -- last one -- "and
"Whereas, the Town of Fountain Hills recognizes the benefits derived from parks
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and recreation resources.
"Now, therefore, Gerry Friedel, Mayor of the Town of Fountain Hills, Arizona,
does hereby proclaim that July is recognized as Park and Recreation Month."
Congratulations, Kevin.
MAYOR FRIEDEL: Kevin, are you going to come up and accept this?
Okay. Now we'll move on to presentations. The first one, Rachel.
GOODWIN: Well, Mayor, since we just recognized July as Parks and Recreation Month,
I'd like to call Kevin back up -- Director Snipes back up to give us an update regarding our
Community Services Department, which obviously encompasses parks and recreation,
but also includes our volunteers, our community center, our public arts, our trail system,
and lots of other things. So with that, I'm going to turn it over to you.
SNIPES: True enough, Mayor and Council, it's a pleasure and an honor to be here
tonight and get to talk about some of my favorite people. And they just so happen to be
employees that I get the privilege of getting to work with on a daily basis.
I think Hannah probably said it all of what we do and that's we do a little bit of
everything. We're -- we like to think that we're kind of the group that touches -- that
helps everyone from birth to death and everywhere in between. So it's a pretty unique
spot for us to be in. We'll start off with a little video just to give you some of the
highlights of what our team does.
[VIDEO]
PRESTON: My name is Ryan Preston. I'm the recreation manager here in Fountain Hills.
Had some fantastic events this past year. We've had record crowds for four of our
major signature events. Record breaking crowds for Turkey Trot, for our Irish Fountain
Fest, for our Fourth at the Fountain, as well as Music Fest. Absolutely amazing turnout
this year. It's a great look for the town. Right there, people are recognizing Fountain
Hills as one of the top destinations in the valley. We use a lot of local vendors who are
getting a lot of great business out of these events. Restaurants are full and the
community is having a great time.
Community services has done a lot for the town over the last year. We try and
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hit things for all age groups and abilities. With the amount of events we have every
year -- small amount of staff we have, I think the thing I'm most proud of is, is the
amount the community comes together. This year we had a record number of
volunteers come out across our events as a whole.
One of the great things about being in community services is there's always
something going on. It doesn't matter if it's the dead of summer or the middle of
winter, we try and make sure that there's something for everybody.
There's been a huge pickup in the usage of the community center, especially
since the remodel. It's made a big difference in how the community center functions,
and people are finding it to be their place away from home, to go out and hang out with
people.
Our bingo group is very serious. They have some really big crowds. It's every
Tuesday and it's a long term event that's ran really well.
We're here now at the new splash pad over at Fountain Park, and this is one of
our feature attractions, of course, during the summer. We just recently put in the new
shade structure with 17 new picnic tables that allows large groups to be here as well as
small.
We added a restroom over at Four Peaks Park. That was a huge asset for the
town, especially with all the new pickleball courts that went in over there. We've got an
absolutely amazing pickleball program. We have leagues running every single night of
the week. They're full every single time. So actually this year we just got three brand
new courts, which has enabled us to put on a lot of programing for pickleball.
The staff for the community services are some of the best around. The amount
of time our staff puts into these, the amount of effort it takes to get these going. You
know, we're planning Irish Fest starting in July, right? So that's just around the corner.
Revenue tripled from Music Fest this year. We've got increased twenty percent revenue
at Irish Fest this year. Same increase for Turkey Trot. I mean it's been a huge jump over
the past couple of years what we're seeing as far as both attendance and revenue for
the town.
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The word's gotten out that Fountain Hills is the place to come for these events.
The goal is another record year. We want to beat attendance records. We want to have
more at each event. We want to have more reasons for people to come and enjoy this
great town and all the events and everything we have to offer.
[APPLAUSE]
SNIPES: All right. So now we've seen a little bit of the action that occurs. So I wanted to
kind of give some moments of pause to several of the things that have been going on.
First of all, this is a look at our team. We are a sizable team in town. Until fire got here,
we were the largest. Thanks, Dave. This is our community services team. In the events
that we run, both internal, external, and partnership events. The 4th of July celebration
last year, we had 23,000 in attendance. That's the most, that I know of, that we've had
in my tenure being here, and definitely, we're seeing a drastic change in the amount of
people that are showing up to our events.
Our Music Fest this year, it was shortened by an entire set, and yet, all of our vendors
said that they made double the revenue that they made at our last Music Fest. So that's
a real tribute to the people that showed up and were willing to come out even with the
threat of rain. As you can see by the rainbow, we certainly had that threat.
Here's our exciting news for the night: We were awarded -- Arizona Parks and
Recreation Association awarded us the best special event for 2025 for cities and towns
under 25,000. So that was really exciting. We were over 10,000 people this year. We
had expanded our footprint up to Saguaro, that was nerve-wracking at the time, and we
ended up with 3,000 more people at the event than what we had ever had in the past,
filling in the area and making it a great space for this event. The hard work and
dedication of all the staff and the volunteers, as well as staff members that aren't in our
department that are always supporting us and coming out, we just really couldn't do the
events that we do without having the staff that we have here. A lot of places don't get
their accountants or their Public Works people to come to an event and help handle the
money. We get it every single time we ask, so we appreciate that so much.
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Our Turkey Trot this year hit the cap of 2,800 for the first time ever, and as you can see,
going down the street, we had a packed house. It's not a short event when you have --
when the first-place runner is coming across the finish line at almost the same time that
the last person is leaving the shoot, so it makes for an interesting view.
Our programs and events for our recreation have really started to take off. We're
finding that we're hitting the people that we've been trying to hit. With our Skate
Classic, this is our second one, we had 28 participants, over 200 people there watching,
and it was a spectacular event for everybody that was there.
Pickleball, with the support of council, we were able to bring on some new staff. And as
you can see, our revenue was $42,000 just for pickleball alone. Now, I understand that
our projected revenue was just over 42,000 for all of recreation, so this one thing that
we added -- and we couldn't have done it without the staffing that you guys approved,
so I just wanted to thank you for being a partner with us in making something fantastic.
Our cornhole is another really popular event. We had our second annual tournament.
Ryan and I did participate in this one this year, and it was neat because not very many
people knew that we were with the town. And so we got to hear how great our staff
really are, and there was so many compliments about how well it's run. And we were
invited and, in fact, pressured to join their league; I think so they could beat us. But it
was a lot of fun to be there, kind of without people knowing.
Our teens are always something that we've tried to find ways to catch and give them
things to do. What we've found is that we're finally finding our sweet spot in getting
them involved. We actually maxed out four of our seven trips and had waiting lists, so
that was really good to see as well.
Our Mayor's Youth Council, as always, are a great group that do a lot of things both in
the town and supporting our events as well.
Return to Recess is a program that we started a few years ago. It actually won a Parks
and Rec award as well. And we added adults because everyone loves recess, so we now
have it for the adults and the youth. And then, some of our other local events are our
Summer Kick-Off, Back 2 School Bash, and Spooky Blast, and each of which are doing
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better year over year, every year.
Our Senior Services programs, as you can see, there's a lot of programs for our seniors.
One thing that we were really proud of this year is our membership went up 4,500 from
last year alone, so that's a testament to the people that are there. Kathleen's really
done a great job of offering some fantastic programs and keeping an eye on who's
coming in and making sure that they're members, and if they're not, offering a great
way that they can become members, and most of them have done that. So that's been
a huge help there as well. She's set up several different presentations. One of our
largest ones was the Holocaust survivor presentation, over 200 people in attendance,
for our free-to-members account.
Another new program that we're doing is Sip and Socialize. We do mocktails in the
lobby. And so we've been averaging over 80 participants for that. It's a great way for
our seniors to be able to meet each other, come in not knowing people, and leave with
new friends. I think it's a fantastic event, and it's a lot of fun that they've been asking
for more and more of.
Our Community Center is our all-things-to-all-people as well. When you don't have a
rec center, the Community Center gets all the weight put on it. We had the Billy
Graham Look Up event. They brought in over 900 people for three different events, and
that's just at the Community Center, and as you know, we also had them out in Fountain
Park with a massive event out there as well. The great thing about the events that
we've been running in the Community Center is these are all out-of-town moneymakers
that we're bringing people into town to help enjoy -- to enjoy Fountain Hills, as well as
hopefully spend some money and go to our restaurants and hang out before and/or
after the events.
Another new event that we have this year is Pokemon. We already have a second one
scheduled for the Community Center. I was a little surprised; it was over 3,000 people
in attendance. But as you can see, it's a really good time.
The other thing, since the fire department's our largest department, we're doing a lot of
fire department training in the Community Center, and it works out great for them as
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well.
Through our Community Center, for those that don't know, we offer a free loaner
program for equipment. We handed out over 213 -- we handed out 213 pieces of
equipment, and it could be anything from wheelchairs to canes to crutches to --
anything you need, check in. You never know what we'll have, but we're more than --
staff's more than happy to help you out and get you what you need.
We've done a lot of improvements in the Community Center as well. I'd like to thank
Mike Ciccarone for his work on the door badges off to the left there. You can see, that
show what events are going on in each one of the rooms, and they change from red if
there's something going on in the room, yellow 15 minutes before the event starts, and
they're green if the rooms are open. So it's easy to look at and see.
We just put in the new fans in the lobby, and they should be ready to start operating
next week. The other thing that we've had a lot of is line dancers and table tennis
players, and apparently, the Hopi Pima room gets hot. So we added the corner fans to
help cool down our line dancers and table tennis players. That's greatly appreciated.
The divider walls are going up right now that were approved a couple months ago. They
got the upper level -- are hanging there in the picture on the right. The old ones are
laying outside. It's quite the operation, seeing something that tall being dropped down
and removed. Those should be done in the next week or so.
Coming soon, in fact, later tonight, we'll be talking more about some lighting fixtures.
We finally got some renderings in. I was hoping to have these for tonight, and I just got
them in a couple hours ago. So we are looking, you know, at getting these put in as
quickly as we can, and we'll talk more later tonight about those.
Our volunteers, there's nothing that goes on in our department that would go on
without our volunteers. They're fantastic. Our Crisis Response Team, this is one that
happens behind the scenes. Hopefully, you don't need them, ever, but if you do, they
are always there. They are 24/7 on-call. They had over 50 calls last year. Each call's, on
average, three hours or more per call. The big thing about this is this could be -- you
know, we talked a little bit earlier in the year about someone that was contemplating
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suicide in one of our parks. These are the people that come out and help and take over
from once something is discovered. It could be a house has burnt down, someone
needs help from that, or it could be that, you know, there's a domestic violence
situation where someone needs help, need a place to stay, need some food. These are
the people that you call on when you feel like things couldn't be any worse, and they
come and help make it better. So huge shoutout to them. These are some fantastic
volunteers.
Our Home Delivered Meals, 5,966 meals for our people that are homebound and in
need of some nutrition. This is a great program. And I've had the privilege of doing this
several times, and it's just a lot of fun to go and see the people that need it the most.
Lots of food packing and helping feed the hungry. This happens a lot throughout the
year. And the group that goes and does it is just so much fun to hang out with, and we
all have a really good time.
Make a Difference Day, Kim sets this all up. And this is a massive undertaking, and she
has a great team of volunteers that help set it up. This year, we did over 38 residential
projects, 3 town projects, and the look on the faces of the volunteers that participate,
and I know that many of you have, is second to none. It's just fun to be able to go in and
help people out that can't help.
Our holiday decorations, we have so many different groups in town that participate. It's
just a really fun way to spend the holiday season and be able to go through and see all
the different trees, wreaths, and quilts that go into the Community Center.
Our Volunteering Event Expo, over 400 guests attended it. We had 67 groups within
town that were there. And I just think that says a lot about this town when you have 67
volunteer groups and 400 people that are coming, looking for things to volunteer for.
That says a lot.
Then we have our commissions and partners. Fountain Park, this year, we added the
large shade structure up by the Splash Pad, the new swings that have just been installed
by the lake edge. If you want the best seat in the house to view the fountain, there's no
doubt that these two swings are the best. And then, we also relandscaped over at the
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amphitheater and made some big improvements over there as well.
Four Peaks Park, as the video was talking about, the new restroom that's right by the
playground and near the new pickleball courts have gone a long way to encouraging
people to stay longer at the park.
The Avenue Linear Park, as you can see there at the bottom, the before and after
pictures of the old event receptacle with the cord and the spider box and the fancy cone
that says, Fountain Hills Parks, or the new version that you're seeing on the east half of
the Avenue right now. The west half have been ordered and will be going in here in the
next month or two, as soon as they get here. The upper-right corner is the root barrier
that we put in to help protect the pavers from being lifted from the roots of the Sissoo
trees. The group that did that did a fantastic job. When you go out now, you can hardly
tell that they were there, and it'll make a big difference in the amount of maintenance
we have to do to that paver pathway.
And then finally, our Adero Canyon Trailhead, we added two security cameras up
there -- or two sets of three, actually, and so we have a really good view now of the
entire parking lot and up the trail entrance, as well as in the ramada area. We had an
issue of somebody burning something up there this year and decided it was time to
have that be our next camera spot. And so now we do, and we'll be able to help protect
that.
And that's all I got for this evening for this one. If there's any questions, I'd be happy to
answer them.
MAYOR FRIEDEL: Town Manager?
GOODWIN: Kevin, I was hoping you could give a quick update about Fountain Park and
the irrigation system over there?
SNIPES: Oh, certainly. Thanks for the reminder.
GOODWIN: Sure.
SNIPES: So if you've been down to the fountain lately, you'll notice that it's slightly
browner than normal, and the reason being is we're putting in an entirely new irrigation
pump station. It had a couple of hiccups, and so we've been without water for two
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weeks. And two weeks and 115-degree weather don't go well together, and so we're
hopeful to be back up tomorrow so that we can start watering. And then you'll be
seeing that there will puddles everywhere as we're overwatering to try and help
everything catch up, so please bear with us. The new system, we're hoping it will
shorten our irrigation window slightly, which is always an issue that we have there of
how long we have to run to water all 32 acres of the turf. So bear with us. It's a good
time to do it because the ryegrass is dying off anyway, and we can stall out the Bermuda
a little bit to get it to grow. So thanks.
GOODWIN: Absolutely.
Mayor, I also took the chance to -- while Kevin was speaking, I hopped on and I asked
Misty when our next Wacky Wet Wednesday was because I couldn't remember, and
she's let me know that it is scheduled for July 9th over at Four Peaks Park. She says to
make sure to wear your swimsuit and be ready to have a good time.
MAYOR FRIEDEL: And for --
SNIPES: Actually, July --
MAYOR FRIEDEL: -- those that don't know who Misty is, would you like to share that?
GOODWIN: Sure. Mike Pelton's not here, so I -- you know, this has really been his
project and his baby. But he's brought Misty, which is our AI-powered chatbot to our
website so that it helps navigation and helps find things quicker and more accurately.
So it is still very new. It's only been launched, like, maybe four weeks. So it is intuitive
and is still learning, and you know, we're refining it, but it is a very helpful tool.
MAYOR FRIEDEL: And the name is really kind of connected to the fountain --
GOODWIN: Yes.
MAYOR FRIEDEL: -- Misty.
GOODWIN: Yes.
MAYOR FRIEDEL: Yes.
Councilwoman?
KALIVIANAKIS: Thank you, Mr. Mayor.
Kevin, I see you're gone, so -- it's okay. I can do it without you. But thanks for the
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presentation, very comprehensive, very exciting.
Thanks to all the volunteers.
And I just want to mention that, he mentioned the Crisis Response Team, we are
currently seeking crisis responders. There's a need for that. So if anybody's here or out
there that wants to volunteer for that program, again, talk to Kevin, go to our website,
but that's an area that we need volunteers now. So I just wanted to make people aware
that they can help the town and do something great.
MAYOR FRIEDEL: Okay. And if there's no more comments, then we'll move on to our
next presentation.
Rachael?
GOODWIN: Great. I believe Amanda's going to be joining us tonight to introduce our
Republic Services Non-Profit Grant Award.
JACOBS: Good evening, Mayor, Council. Usually, I make this short and sweet; I'm going
to add some extra things to my presentation. So one, this is our annual Republic
Services Non-Profit Grant Award program. So each year, Republic Services provides to
the town $10,000, and then we issue a press release and give about a month for our
nonprofits to apply. This cycle, we received nine applicants, and then we'll be awarding
it to two, so breaking that down to 5,000 each. In full transparency, this fiscal year, we
will receive 20,000. So we did it in the fall, and that was because there was a bit of a
transition with our management team and point of contact with Republic Services.
And then, Melissa and our Republic Service Team, if you guys want to start working your
way up here for the presentation?
Melissa said, let's try to get us back on track. She wanted to do this earlier this year.
And as you guys know, I was a one-woman show, so I asked us to postpone, and so we
started this back in April. And then here we are, and so I will turn it over to whoever's
going to speak.
Which way are you --
KRUEGER: Okay.
JACOBS: -- coming?
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KRUEGER: I'm coming this way.
Hello, Mayor and Council. I just want to say that Republic Services is committed to
being a good neighbor in the communities that we serve, and we're proud of our
longtime partnership with the Town of Fountain Hills. We're excited for the recipients
of the annual grant, which supports local nonprofit businesses. And that's it. Thank
you.
JACOBS: All right. So our first recipient is the Fountain Hills Coalition, and so if you'll
make your way up here with the big old check.
We've got Tammy Bell and team and some of our youth that -- I showed them that
check, and look at the excitement and the smiles.
UNIDENTIFIED SPEAKER: Scrunch in just a little bit more.
JACOBS: Yeah. And so we're going to ask the mayor and council, all of you, to please
stand up.
I ask our group behind us to be patient. We're going to take pictures, start with the
Coalition first.
If there are representatives of the Boys & Girls Club, if you can make your way up here,
because we have a full house, and I've lost sight of you if you're here. And then we'll
give a microphone to Ms. Tammy Bell to speak.
UNIDENTIFIED SPEAKER: A couple more.
JACOBS: Sorry. I'm multitasking.
All right. Smile.
All right. Thank you.
And then Tammy?
BELL: Thank you.
JACOBS: I thought it was on. You got it, Tammy?
BELL: Now?
JACOBS: Okay. Yup. Go ahead.
BELL: Yay. Thank you.
I just wanted to say really quickly, and then I'm going to pass the mic down because we
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have some really important people here that want to say thank you. And so I thank you,
Republic Services and town, for your consistent support. I want to say that when we
talk about the Coalition Team, we are not just talking about our staff and our board. We
are talking about our community. We have a very unique coalition in our town. We
have so many people participating and making our mission very impactful for our youth
and our families more so than many people in the nation. We are constantly being told
that we have something very special and unique.
So I want to thank those people who are participating. MCSO, the fire department, the
Crisis Team, the Boys & Girls Club, the town, the town leadership, the town Community
Center, the Chamber of Commerce, our businesses, all our schools, our Boys & Girls
Club, Republic Services, the Community Foundation have all participated in the mission
of protecting our youth for Fountain Hills. This is very special, and I just didn't want to
go without saying how wonderful it is to be collaborating together and creating a
culture in our town that protects our families. We're really grateful for that, so thank
you.
WATTERS: My name is Elizabeth Watters, and I'm the program manager for the
Fountain Hills Protect Our Youth Coalition. And we would like to thank Republic
Services and the Town of Fountain Hills for this generous grant. We are going to be
using these funds for our Above That Club. And we started the club in January of 2025,
and it was started, actually, at the request of these kids that you see before you. They
came to us and said that they were really interested in forming a club so that they could
make sure that the youth and other middle schoolers were aware of the dangers of drug
and alcohol use, as well as vaping, and I just would like to ask each of them why they
believe that being an Above That club member is important and beneficial to the Town
of Fountain Hills.
Why is it beneficial being a club member with the Town of Fountain Hills?
UNIDENTIFIED SPEAKER: Because based on my past, I've seen my parents use drugs,
and my dad has done OD. And I just thought maybe I could aware other people about
drugs and how it can harm you.
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UNIDENTIFIED SPEAKER: I wanted to join Above That Club because I want to look after
my older sister.
UNIDENTIFIED SPEAKER: I joined it because I think it can be very beneficial to the Town
of Fountain Hills.
UNIDENTIFIED SPEAKER: Can you hear me?
UNIDENTIFIED SPEAKER: Yes.
UNIDENTIFIED SPEAKER: I joined the club to protect my friends.
[APPLAUSE]
JACOBS: And then just quickly, in fun, in front of the cameras, here's the real check.
[LAUGHTER]
JACOBS: We timed it nicely.
Kids, the bank won't cash that.
[LAUGHTER]
JACOBS: All right. Thank you.
So now, let's bring up the Boys & Girls Club. Again, we'll take a quick photo op. We're
going to -- they're going to leave, and then we've got the councilmembers. We're still
standing. And then our next recipient is the Boys & Girls Club.
UNIDENTIFIED SPEAKER: If you guys can kind of shift a little this way?
Good. Right there.
JACOBS: And then Lauren will give you an opportunity to speak. And again, in front of
the camera, real check.
STRATTON: All right. So my name is Lauren Stratton, and I'm the branch director at the
Boys & Girls Club here in town. And a lot of people don't know that we never, ever turn
away a family because they can't afford to come to Boys & Girls Club. So this money
actually helps us offset our financial assistance program. About 42 percent of the kids
that come regularly after school are on financial assistance with us, so this really helps
kind of bridge that gap for us. So thank you very much.
UNIDENTIFIED SPEAKER: You're very welcome.
STRATTON: Thank you.
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JACOBS: Thanks, Mr. Mayor.
MCMAHON: Thank you, Republic, for providing that community service. We appreciate
it.
UNIDENTIFIED SPEAKER: Absolutely. You're welcome.
MAYOR FRIEDEL: And we'll move on, now, to the call to the public.
Are there any speaker cards, Town Clerk?
BENDER: Mayor, we have six cards. We'll start with Liz Gildersleeve followed by Shelby
Bleecker.
GILDERSLEEVE: Good evening, everybody. Liz Gildersleeve, Fountain Hills resident. I'd
like to discuss the town's press release praising the addition of Sprouts to our town.
First, I'm thrilled we're getting a Sprouts. My family eats organic almost exclusively, and
I'm happy to have more choice with Sprouts. However, I am concerned about
something that our own town economic director said in the press release. Ms. Jacobs,
the town's economic director, said her most asked request from residents since she's
been in her position the last three years has been, and I quote, when are we getting a
specialty grocer or an organic grocer? This implies that we don't have one. I hope the
director's reply to all of these residents is that we are fortunate to already have had an
organic grocer for the last several years.
Our local organic grocer is Good Living Greens, and the owners, who are local residents,
are currently in the process of moving to an expanded location on the Avenue and
investing in Fountain Hills. Sandor's 300-unit high-density tenement of mostly one
bedrooms east of Target is not the reason for the Sprouts, in my opinion. Even if every
person in that proposed tenement shopped at Sprouts, which they won't, it wouldn't be
enough to support a Sprouts or any business. I've shopped at the Scottsdale Sprouts,
and it's always a madhouse. I believe that the new Fountain Hills Sprouts will see a lot
of Scottsdale crossover, all good for Fountain Hills.
I believe that it's Goldhawk at the Preserve, a new housing development planned for
right around the corner from us, and which was approved by Maricopa County and will
consist of 696 low-density single-family homes, that will help Sprouts. These are the
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families who will shop at Sprouts and visit our local restaurants and businesses and may
even have kids for our public and private schools. It's unfortunate that some of you
didn't have the vision to hold out for a development like that for the area east of Target
as opposed to approving a high-density, cookie-cutter tenement which will have a
mostly transient population with no real stake in Fountain Hills. Thank you.
BLEECKER: Good evening, Mr. Mayor, Councilmembers, Staff. Shelby Bleecker, a little
over one year I've lived here now. I've brought this up before, but Amanda Jacobs, in
her marketing presentation at the last town council meeting, brought it up, so I thought
I'd bring this back up and see if I can get some more gravity to this situation. In regards
to the apartment occupancy rates in town, she shared that we're at 91 percent
occupancy, which leaves 9 percent vacancy.
I looked at apartments.com today, and for apartments, condos, and townhomes, there
are 86 units available right now. So I'm not sure how that relates to the 9-percent
vacancy rate. But the apartment pipeline, she reported, was 652 new units coming
online.
So this is what I've brought up before, was the MAG vacancy rate, and I've given you
each one of -- a copy of this report from MAG. Now, granted, this is based on the
census, which was last done in 2020. The data may be outdated somewhat, but it is
reporting that the housing vacancy rate in Fountain Hills is 17.3 percent. There's over
2,400 housing units, which when I had a conversation with Amanda Jacobs, she said that
these are actually single-family homes, which are why they're not included in her
apartment vacancy rate.
So as we market the town and let people know what's available in town, shouldn't the
vacancy rate in single-family homes be part of our package? When families come to
town, don't we want families with two kids and a couple dogs living in homes and letting
them know that we have homes here available to rent? So I think that might be an issue
that you'd want to take up.
Also, since I have a little bit more time, the last time I spoke was about the hazardous
waste coming from California into Utah, Nevada. Since that time, I've connected with
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one of the councilmembers in Los Angeles, who reviewed the information -- or staff
reviewed the information, handed that over to their legislative analyst and their toxic
waste person because this councilperson just happens to be a toxic waste attorney as
well, so they're looking into it. And we'll stay tuned, and we'll see what kind of stuff we
can do. They did receive a copy of the mayor's letter, so that did add a little bit more
weight to why they want to take this up and look at it. So thank you for that, and let's
keep Arizona beautiful.
BENDER: Debbie Elder followed by Wendy Dachel.
ELDER: Good evening, everyone, Mr. Mayor, Councilmembers, Staff. My name is
Debbie Elder. I am the owner of Culinary Curator, a Fountain Hills-based catering and
personal chef business located in downtown Fountain Hills on Parkview Avenue. I'm a
resident of Fountain Hills as well. I'm appearing tonight to talk to you a little bit about
the new rules and fees that are scheduled for implementation on July 1 at the
Community Center. Back in the latter part of 2024, you're probably all aware that there
was a request for quotes process that was implemented by our town staff to come up
with some preferred status caterers to operate at the Fountain Hills Community Center.
And from what I understand, a list of three caterers were selected based on their
criteria, and now, they are the ones that are preferred to provide food for anything
happening at the Community Center. And that's all fine; however, anybody that's not
on that list is now, per these new rules, required to have a fee kick in for $100 per time
you're there. So for example, if I were working with a group that had a monthly lunch,
and they needed me 12 times that year, they would incur an additional amount of
$1,200, which I think is excessive.
And I know the fees, in general, are a problem for many of the nonprofits, as well as the
other entities that have meetings there that really don't have a lot of funds. So I
wondered if you should take a look at that and consider whether that's really needed.
I personally -- I'm sorry about that. Personally, I didn't apply back then because I was in
transition of knowing where my catering operation was going to live, so I wasn't sure I
was going to have a place, but I would like to be considered for the preferred vendor
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list, if that's what's needed. I'm not really sure why we need that. It has to do, I think,
with insurance, but we all have insurance. So I would ask to you take a look at that.
And also to let you know that the three caterers that are on the preferred list, to my
knowledge, only one of them is a Fountain Hills business, and that is the Batchelor's Pad,
which is great, but not everybody wants barbeque for their events. The other two
vendors that were selected, one operates out of west Phoenix on the I-17, and the third
one, I couldn't find out much about, but their corporation commission did not even
show them as being a business entity, as far as a corporation goes. So I ask you to
maybe look at that down the road if you look at these fee schedules again. That does
prohibit me from operating there on a equitable basis.
Thank you so much for your time. I'm happy to answer questions another day.
BENDER: The last two speakers are Kimberly Bartman followed by Crystal Cavanaugh.
DACHEL: Good evening, Mayor and Council. My name is Wendy Dachel. I am here
because I want to talk about the thoughts I had after the last town council meeting, and
it goes back to the same old stuff. How embarrassing. The functional state of this
Fountain Hills Town Council is in a sad state, and it's imploding. If a councilmember is
insulted by their local news coverage because it isn't slanted correctly or leaves out
needless information for want of brevity, they should not ask for a correction, rather
hope for coverage more to their liking with a different, more widely read publication.
This way, our town can be disparaged by the whole valley. Ironically, the headline,
quote, town retaliates against area newspaper, unquote, is erroneous. It was not the
whole town, nor the whole town council. So this sounds more, quote, egregious than it
is. The point of the article was an explanation of why the local reporter's table was
removed from the room. I know this is old news. It seems if they are not perceived as
being fair and impartial, the press may not have their table.
Interestingly, the table issue took a miraculous spin during the June 3rd meeting, and
instead of pertaining to a reporter's comfort and punishment for unfair coverage, it
suddenly is a need for more physical space, as per Mayor Friedel, and that shall be the
end of it. Brilliant, but a little too late for redemption.
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As regarding media perception, I'm wondering, concerned, that at some point, perhaps
the YouTube coverage may be canceled due to dissatisfaction with how that media
source portrays the members.
Mr. Watts noted in his report time, which was used to attack a fellow member and was
allowed and encouraged to continue to do so for four minutes, that, quote, giving favor
to either side of the aisle is not acceptable, unquote. Immediately, after he spoke, the
member he so blatantly attacked was silenced and not allowed to respond. How ironic.
Perhaps the council could also be advised not to chew gum or eat their dinner because
last time, there was just a lot chewing going on. It was very unprofessional.
We're still waiting to hear about the hit-and-run charges. The public has a right to know
whether our lawbreaking councilmember acted as a responsible citizen and admitted his
legal flight -- his illegal flight. We don't need his type leading our town. If this is what
reclaiming our town looks like, it should have been termed another acronym, EAT,
embarrass a town.
BARTMAN: Kim Bartman, longtime Fountain Hills resident. I'm going to read a letter to
the editor to the Fountain Hills Times by Mark Scharnow, who now lives in Spain. Just in
case some of you that do not want the paper to exist in our town, I just want to read
this to you.
Here's Mike [sic]: My brain kept saying, don't do it, but my fingers insisted, type. Now
retired, on occasion I hearken back fond memories of my days with the Fountain Hills
Times. I spent 32 years at the paper, albeit a different ownership, starting as a
greenhorn reporter and leaving at the end of 2015 as editor. Afterwards, I also spent
four years on the dais as a town councilman. Also, I sat on both sides of the press table.
Oh, wait, the table is no longer in council chambers. Huh, that's strange. Where did it
go?
There used to be two press tables. Two, yes. The town's first council and staff decided
back in 1990 or so that the press should be acknowledged with the placement of a table.
The paper these days does not publish editorials nor does it run opinion columns, only
letters to the editor. Pity. I would've enjoyed writing my column about this petty
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removal of a table. Apparently, President Trump inspired a few councilmembers to do
something about press coverage they don't like. Hey, let's take away Bob's table. Yeah,
that'll show them. We'll make him sit with the other deplorables and struggle to take
notes. Maybe Ryan will now write headlines more to our liking. No longer will those
ink-stain wretches get away with their skulduggery and lib partisan-slanted-yellow
journalism. I'm truly embarrassed by this pitiable maneuver.
Please be more mature. As elected officials, you are rightly held to a higher standard
and should act as such. Oh, wait, having ethics seems to be a thing of the past. Seems
the ethics policy was removed. Fountain Hills and its people deserve better. Do better
and concentrate on more important matters than taking petty retribution against the
newspaper.
CAVANAUGH: Good evening, Mayor and Council. Crystal Cavanaugh, resident of
Fountain Hills. There are over 600 apartments already approved to be built in Fountain
Hills: There's the downtown Park Place project, there's the Sandor apartment project in
the Target lot, there's the Senderos apartment project off of Mountainside in the Lost
Hills neighborhood, and there are the various other smaller projects that have been
approved or already in the process. Some of the projects require a rezone. In some
cases, significant rezones and exceptions were made to approve these developments. I
would like to request that any further rezones for multi-family not already in the queue
be put on an indefinite pause until these numerous projects are completed.
I'm certain that many residents from the Lost Hills neighborhood and elsewhere who
previously fought hard against rezoning the Mountainside single-family lots for more
apartments to the benefit of the Senderos development would be quite upset if this
rezone request circled back to be reconsidered on a future agenda, which was
requested by Councilmember Kalivianakis at the last meeting. Especially upsetting to
some Lost Hills residents is that this councilmember literally sat in their living rooms
with these neighbors and assured them that she was a no-vote on rezoning the single-
family lots. She waffled prior to the council vote, but then indeed, vote no. Previously,
the church owned the property at Mountainside and Palisades, but now, apparently, it's
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been purchased by the developer. The residents still do not support a rezone there, so
who was Councilmember Kalivianakis representing with her request to bring it back for
discussion? This property is zoned for single-family homes, so feel free to build single-
family homes since all these one-bedroom apartments certainly won't be bringing in the
families that so many say they want.
Like I said, let the developers complete the numerous apartment projects already
approved and perhaps other small projects in the downtown area, but let's take a pause
to understand the impact of these approved 600-plus apartments that will be developed
in our charming small-town community, especially those that impact existing
established neighborhoods. Thank you.
KALIVIANAKIS: Mr. Mayor, I'd like to address that call to the public since I was called out
by name.
MAYOR FRIEDEL: Go ahead.
KALIVIANAKIS: Thank you, Mr. Mayor.
So yes, since I was mentioned by name, I'd like to address Crystal Cavanaugh, the
chairwoman of ROT.
Okay. I take it back. Crystal Cavanaugh, no ROT affiliation. At the time, I did vote
against it, but according to Crystal, I didn't vote against it enough. I did vote against that
project. I spoke to all the residents in that neighborhood. And this is the interesting
part because Linda Kavanagh, our former mayor, and John Kavanagh, at the time,
accused them of bluffing: They will never build the 70-unit; they will never build that;
they will never purchase the homes. That is the exact thing. We can pull the tape. They
were not bluffing.
So the residents that live there told me, specifically, they didn't want the urban-style 70
units going in there. And the houses that are going to be way above the site lines of the
original 80-unit project that was going to be way below the hill, and it was going to be a
suburban-style housing unit instead of now, which you're right, it's going to be a lot of
studios and one-bedrooms, and it's going to be urban. Back then, they were going to
make accommodations for traffic and whole host of things that they were conceding to
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spending millions of dollars to try to make improvements. Now, they're not going to do
one thing. They're not going to do anything for the traffic, they're not going to help the
residents of that community, and they are going to build it by right.
If we were looking out for the residents of that community, we would give them the
chance, at this point, right now -- and that's why I brought that back, and I'm proud that
I brought that back up there -- to give them the right, do you want to build the urban-
style thing, or would you like to go back to the thing that they weren't bluffing about?
Because they are building it right now. And so I would like to talk to Doreen (ph.) and
Mike (ph.) and some of the people that I met at that time and say, would you like to
revisit it? I didn't call for it to be in the agenda. I didn't call for it to be rezoned. I simply
called for a dialogue between the residents of that neighborhood, looking out for those
residents. That's what we do; we look out for our residents. That's what I was doing.
So thank you for bringing that up, Crystal, because I'm really glad that you did, so I can
straighten out the record. And John Kavanagh and Linda Kavanagh were dead wrong.
UNIDENTIFIED SPEAKER: (Indiscernible) on the record (indiscernible).
MAYOR FRIEDEL: Okay. That's enough.
We'll move on now to the consent agenda. Actually, I want to talk about a couple of
things on our agenda going forward as well. 8(a) and (b) will be lumped together
because they're both going to be talked about at the same point in time, and we're
going to move agenda item (i) on the agenda, which is the consideration and possible
action approving a law firm. We're going to move that up behind the 8(c). So if
everybody's okay with the consent agenda --
Rick, I think you had one item you wanted to -- we have one item that's going to be
pulled from the consent agenda that was item (d) is being pulled, and (c) is going to be
forwarded by your request, Rick.
WATTS: Yes.
MAYOR FRIEDEL: Okay. So (c) will become our first regular agenda item. So can I get a
motion, please, on the consent agenda?
LARRABEE: Motion to approve.
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WATTS: Second.
MAYOR FRIEDEL: We have a motion and a second.
Can I get a roll call, please?
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, 7-0.
MAYOR FRIEDEL: Thank you.
We'll move on to our regular agenda. So the first item on here will be the one that we
moved from the consent agenda, which is item (c), consideration and possible action for
approving Resolution 2025-24, abandoning ten-feet public utility drainage.
And I see, Justin, you're up there right now.
WELDY: Good evening, Mr. Mayor, Councilmembers. Welcome to the last meeting this
year. So I'm not sure what the questions would be, so I'm available to answer any
questions or concerns to the best of my ability.
MAYOR FRIEDEL: Councilman Watts?
WATTS: Thank you, Justin. It is a question. It's like, on the PUEs and the DEs, we seem
to have these come back frequently, and from a town's perspective, we're not utilizing
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them. So when I look at some of the setbacks and lot lines and margins and that type of
stuff, I see people who have already built into some of the PUEs and DEs. I think in this
particular one, it was either a pool or a cool deck, and it's happened numerous times
and not always on the property that was asking for the abandonment of the PUE but on
the adjoining property, and this particular one is ten-feet wide. That's what they're
asking for. And the other side of that is an additional ten feet, and that's where the
build comes in, where people build in that area. So the crux of the question is really, is it
time that we look at these PUEs and DEs and say, we're not going to use them, and just
get rid of them in total?
WELDY: Mr. Mayor, Councilmember Watts, so your question is an excellent question,
but let's back up just a little bit to some of your statement. So on the agenda, listed as
the aerial map, you'll see the area that is proposed to be abandoned, which is also called
out as a parcel. The opposite side of that, which would be east of that, the other ten-
foot, all of those sections along those lots had already previously been abandoned, so
they're not included in this for reasons unknown. The neighbors may or may not have
worked together or collaboratively asked for all of the drainage easements or the utility
easement to be abandoned, I would suspect, but it would be very, very difficult for me
to know for certain why that didn't happen because this particular piece of property is
unusually also called out as a parcel.
WATTS: Uh-huh.
WELDY: How and when that happened would have been prior to the town.
So back to your question, we do look at the drainage and public utility easements on a
regular basis to see whether or not they can be abandoned. Encroachment into them
prior to that abandonment is oftentimes difficult to establish the timeline. If we can
establish a timeline of most recent construction after incorporation, it's not uncommon
for us to work with that property owner and try to resolve that issue. The challenge we
have, limited staffing and the incredible number of PUEs and public utility easements
and drainage easements that were recorded by the founding fathers almost
everywhere, in places that we would not imagine. So if the direction from the council is
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that we take some time over the next year or two and look at some of these and see if
we can come up with the recommendations, we'll follow that direction.
WATTS: You know, I think I'm cheating a little bit because on a prior town council
meeting, we had one on a consent agenda that I missed. And I had looked at that in
detail, and there was an existing PUE, and there was a pool and there was a fence that
was built in the adjoining PUE. So I'm trying to take this opportunity to get a better
understanding, and really, what I probably should've done is had this conversation
outside the council meeting.
But I think it's time that we look at the PUEs and DEs and say, do we really need them? I
don't know how many there are, and maybe that's a question for the town engineer.
And maybe we should look at it and say, it's time to do away with them because they're
more of a nuisance. We just rubber-stamped them for the most part, so why continue
them? I guess that's my point of reference. If it's going to be on a consent agenda,
there really isn't much that goes on. We assume that you've done your due diligence,
engineering has done their due diligence, but maybe we can avoid some workload on
you guys by just looking at them once and for all and being done with them over the
next two, three, four, five years but have it on the agenda to deed them back to the
respective owners. So my comments. Thanks, Justin.
WELDY: You're welcome.
MAYOR FRIEDEL: Are there any other questions for Justin on this? Because we're going
to need to vote on --
MCMAHON: I do.
MAYOR FRIEDEL: Go ahead.
MCMAHON: Thank you very much.
Justin, when you look at these, are they unique to each property? And in blanketly
approving them in advance of the need to have them be abandoned, for lack of a better
word, I mean, is -- I think as long as I've been on council, this is how you've done it.
WELDY: Mr. Mayor, Councilmember McMahon, they're typically similar in regards to
their width.
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MCMAHON: Okay.
WELDY: The length obviously changes because the lots. And there is a process for
easement abandonment in which the applicant pays a fee, and there are a list of utilities
that they are required to contact, notify them, and that utility has to agree to the
abandonment and/or some stipulations related to that abandonment. As long as I've
been here, this is the process that has been used to abandon them. There are still
literally hundreds of them out there, and so it'll take us a considerable amount of time
to get ahold of all of that and the information, again, if that's the direction of the
council.
MCMAHON: Thank you. I mean, I don't know -- I mean, I'm not arguing or anything.
I'm trying to understand the situation, and I'm not sure that given the hundreds of
easements and stuff, that a blanket approval would be something that would be
appropriate, for lack of a better word, because when you do bring these up and we do
talk about them, it helps to better understand why the town is looking at this easement
and why it might abandon it.
WELDY: Councilmember, each individual abandonment would have to go through the
same process. So we treat ourselves as we would treat any applicant or homeowner
applying for that abandonment. We would notify each of those utilities and wait for
their response and either agree or negotiate the conditions of the abandonment based
on their concerns. So each one of them would have to follow the same process. The
only difference is we don't charge ourselves the abandonment fee.
MCMAHON: Okay. Then maybe that's a conversation that we need to have at a later
date. But --
WELDY: Okay.
MCMAHON: -- thank you so much for your input. I appreciate it.
WELDY: You're welcome.
MAYOR FRIEDEL: Councilman Watts?
WATTS: And just to be clear, I'm not look at -- looking at all of the PUE, DEs and just
simply rubber-stamping abandoning them. I understand the process. And I think we
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should -- you know, again, if I had a spreadsheet of 100 and I knew I had to go to SRP,
EPCOR, whomever, and drainage and engineering had to look at them, and we went
through that process to make sure, but we wouldn't have to look at each individual one.
It's something, in your spare time, you could have your department to do.
[LAUGHTER]
WATTS: Nice smile. I like that. Thank you.
MCMAHON: I'd like to make a motion to approve item -- is it now (1)(a) [sic] or --
MAYOR FRIEDEL: Yeah.
MCMAHON: Pardon?
MAYOR FRIEDEL: Yes --
MCMAHON: Okay. Thank you very much.
MAYOR FRIEDEL: -- 8(a)(1).
We have a motion. Do we have a second?
KALIVIANAKIS: Second.
MAYOR FRIEDEL: We have a motion and a second.
Can we get a roll call, please?
BENDER: Mayor, who was the second?
MCMAHON: Brenda.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Vice Mayor Larrabee?
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LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, 7-0.
MAYOR FRIEDEL: Thank you.
And as I explained, what were 8(a) and (b) will be combined.
And Rachael, we have staff to talk about that?
MCMAHON: Mayor, are we addressing (d), or did we just address --
MAYOR FRIEDEL: (d) was --
MCMAHON: -- it combined?
MAYOR FRIEDEL: (d) was pulled.
MCMAHON: Oh, okay. Thanks so much. Appreciate the clarification.
GOODWIN: So with that, Mayor, Farhad is going to lead us through both items -- well,
2.A [sic] but (a) and (b) to walk through. But as a reminder, we're going to be reviewing
them together, but we will entertain separate motions.
TAVASSOLI: Okay. Thank you, Rachael.
Mayor and Council, good to be before you. So I'll be providing a brief preface to items
(a) and (b) on the regular agenda. These two items are special use permit requests for
residential use in a commercial zoning. Now, what makes this request or this item
before you unique compared to -- well, as far as I can -- as far as I've been here, all
previous SUP requests, is at the end, staff is recommending that these two items return
to the Planning and Zoning Commission. The reason being, on the January 13th
Planning and Zoning Commission meeting date, these two requests were presented
before the commission and were subsequently recommended for denial,
overwhelmingly.
In response, the applicant is proposing a substantially modified SUP request for both
these items to address many, if not all, the points that were brought up at the Planning
and Zoning Commission. So as a necessary step, however, staff would need to come
before you to ask that it be returned to Planning and Zoning Commission to continue
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that effort. Now, I have prepared a slide presentation of about 15 or so slides of the
original SUP request, but keeping in mind that they will be substantially revised before
they come before you again.
Would you like me to continue with the presentation?
MAYOR FRIEDEL: I would think we would just need a vote on this.
TAVASSOLI: Okay.
GOODWIN: Mayor, just a point of order that I believe we need to open a public hearing.
MAYOR FRIEDEL: Right.
GOODWIN: Okay.
MAYOR FRIEDEL: Yeah. That's the next step.
GOODWIN: Great.
MAYOR FRIEDEL: So I'm going to open a public hearing. And are there any council
questions of Farhad right now?
Town Clerk, are there any comment cards?
BENDER: No, Mayor.
MAYOR FRIEDEL: There are none. Okay. So --
WATTS: If nobody's going to talk, then I do.
MAYOR FRIEDEL: Pardon me?
WATTS: If there's no call to the public and no comments, then I would like to make a
comment.
MAYOR FRIEDEL: Okay. Councilman Watts?
WATTS: Farhad, I think that sans going back through slide by slide, there were so many
issues from parking and the footprint itself and 78-percent coverage, and there's a
plethora of issues. And I think all of those need to be addressed. Are you saying that
the applicant is actually proposing to address each of those issues that were before
Planning and Zoning before?
TAVASSOLI: Mayor, Councilmember Watts, yes. The applicant has actually submitted a
revised plan. Now, staff does need to perform a technical review to make sure that all
the, I guess, required information is provided. Staff hasn't invested too much time in
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reviewing it, but following a decision to return it to Commission, staff will further review
and see to what extent the P and Z Commission's comments are addressed.
WATTS: And because of the zoning, are you going to look at it from the SUP standpoint
that you've got that 78-percent coverage that's allowed in an SUP, or are we setting our
own standards for the SUP when Planning and Zoning looks at it, and they're able to
make their recommendations accordingly?
TAVASSOLI: Yes. Planning and Zoning would be able to make their recommendations,
may make some stipulations to that effect. I must be honest with you. I don't recall the
reference to the 78-percent lot coverage. I'd have to look at --
WATTS: That's the 966 versus the 1,250. It's --
TAVASSOLI: Oh --
WATTS: So it's pretty straightforward.
TAVASSOLI: The square --
WATTS: Yeah.
TAVASSOLI: The square footage? Okay. Yeah.
WATTS: Right.
TAVASSOLI: Yeah.
WATTS: So I mean, it's significantly --
TAVASSOLI: Right.
WATTS: -- more coverage than normal residential has. Even our multi-family residential
doesn't have that.
TAVASSOLI: Right.
WATTS: So as long as it's going back to Planning and Zoning, and then it will come back
to us as well, then I'm okay with that.
TAVASSOLI: Yes, absolutely.
WATTS: Thank you.
MAYOR FRIEDEL: Councilwoman?
MCMAHON: Thank you.
Just reading this, the problems and the location that these two projects have are really
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of concern. I know that you haven't reviewed the substantial changes, but given the
location, the alleyway access, and a host of other things -- I don't know. I think that
there are some things that the proponent, you know, is not going to be able -- are not
going to be able to clear up, but I guess, you know, that is for P and Z to take a longer
and deeper dive into and review it and bring it back to council. But I do have a question
because in the item, it says that if the town decides that either the original special use
permit -- you know, to deny it or approve it or send it back, so are we just deciding to
send it back? We're not looking at approving the SUP, right -- or not approving it,
correct?
MAYOR FRIEDEL: That's correct.
MCMAHON: Okay. I wanted to have clarification of that so that I completely
understood what we were doing. Thank you so much.
MAYOR FRIEDEL: Vice Mayor?
LARRABEE: I just wanted to make a motion to return the case to the Planning and
Zoning Commission for review.
SKILLICORN: Second.
MAYOR FRIEDEL: I need to close the public hearing if there's no more comments, and
then we have a motion and a second.
Can I get a roll call, please?
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Permission to explain my vote?
MAYOR FRIEDEL: Go ahead.
SKILLICORN: Thank you, Mr. Mayor.
Since this project really goes against the master plan, there was no urban high-density
originally planned for this area, and Planning and Zoning voting unanimously not to
approve it, I think it's only logical either to vote it down or send it back. So I'm an aye.
BENDER: Councilmember, was that an aye?
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SKILLICORN: Yes.
BENDER: Okay. Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, 7-0.
MAYOR FRIEDEL: Thank you.
There were two SUPs, so I need a second motion for case SUP 24-000004.
KALIVIANAKIS: Yeah. Did you --
LARRABEE: Motion to --
KALIVIANAKIS: -- make the motion, or do you want me to make the motion?
MAYOR FRIEDEL: Go ahead.
KALIVIANAKIS: Okay. Yeah. I would like to move to return the case SUP 24-00004 [sic]
back to Planning and Zoning Commission for review.
WATTS: Second.
MAYOR FRIEDEL: We have a motion and a second.
Roll call, please.
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
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BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, 7-0.
MAYOR FRIEDEL: Thank you.
So the next regular agenda item is the possible action relating to the reconstruction of
Palomino Boulevard. And I'd like to make a couple of comments before we start on this.
We're going to limit the comments. We have two speakers that are going to be allowed
five minutes each to speak, and we need proper decorum in the council chambers for
this discussion. Please, no outbursts or talking in the back. Thank you.
Justin?
WELDY: Thank you, Mr. Mayor. At the last council meeting, Palomino was not
agendized, but there was certainly a considerable amount of public discussion related to
it. Mayor and Council provided direction to staff to put it on tonight's agenda. In
preparation for that, we attempted to address and/or understand the majority of the
questions that were presented that night. The majority of the information that you're
going to see tonight has not changed. We have simply bullet-pointed some of those
changes.
These are the existing conditions of what we're going to discuss. Obviously, the
community feedback and concern is very important, public misconceptions, alternate
construction options, and the staff recommendations. As a reminder, these are the
current existing conditions for this area: We have a 9-foot shoulder, 15-foot travel lane,
and a 12-foot two-way left-turn lane. As discussed earlier, the estimated funding for the
project is about $5.4 million based on direction staff had received from council earlier
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this calendar year.
One of the things that we wanted to discuss was granite. So granite is really a generic
term to describe landscape gravel. It's important to note that each individual home has
unique and/or different landscape features. The first ten feet of that behind the current
curb is in the right-of-way. And we respect each individual homeowner's landscape and
the improvements they have made, and when we go in and do construction projects, we
restore that to as is and/or better for each individual location. Sometimes, that can be
challenging, but we certainly don't discard their concerns or their needs or their
mailbox.
Driveway extensions. As we discussed driveway discussions, while its primary function
serves as a driveway, that additional five feet of concrete that we'll place, in the future,
that will actually be park of the sidewalk where the people walk on that five feet.
Another one was related to mailboxes. The mailboxes will be moved from their current
location out further into the street to the proposed location of the new backup curb.
We do these types of things frequently. And each one of these mailboxes were
constructed by an individual. We are of the opinion, given our history, that we can also
employ very similar trades and reconstruct each individual unique one as it was.
Any questions or comments up to this point?
MAYOR FRIEDEL: Councilman?
WATTS: You mentioned mailboxes. Does United States Postal Service have to drive to
drive up on the sidewalk area, on a curb? Do they still have that same access where
they can drive right down the road and put mail in the mailbox once you relocate them?
WELDY: Mr. Mayor, Councilmember, so the delivery service really depends on the type
of curb. If it's a vertical curb, historically, the letter carrier will stop at that edge of that
curb or if they have an opportunity, enter a portion of the sidewalk at a driveway, so
they have less distance to walk to make their delivery. In this particular case, we would
be doing what we refer to as rolled curb or mountable curb. The letter carrier would be
able to get up onto it and reach the mailbox at that location.
It's very, very common for mailboxes to be at the back of a sidewalk. A good example of
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that is the most recent construction on Saguaro southbound and/or the west side
between Fountain Hills Boulevard and Palisades where we did that new sidewalk; those
mailboxes were relocated to behind the sidewalk.
WATTS: So UPS or United States Postal Service approves of their delivery vehicles to roll
up on the sidewalk over that rolled curb and then back down, so they're up and down,
up and down?
WELDY: Mr. Mayor, Councilmember, I'm not in a position to determine whether or not
that is an allowable activity by their drivers. That would have to be directed at the post
office.
WATTS: But I would assume that, if we're going to relocate the mailbox, that we would
make sure that we were compliant much like we would any other utility.
WELDY: In regards to mailboxes, so there's a clear set of definitions and guidelines that
come from United States Postal Service. We would comply with all of those, which do
not necessarily include how the mail is delivered in regards to the vehicle or where they
park to deliver that mail.
WATTS: At least something to think about. Thank you.
MAYOR FRIEDEL: Councilwoman McMahon?
Councilwoman?
MCMAHON: What?
MAYOR FRIEDEL: Your light's on. Do you have a question?
MCMAHON: Oh, I apologize.
MAYOR FRIEDEL: Go ahead, Justin.
WELDY: Traffic control. So design includes traffic-calming measures. It's important to
know that there have been a few calls from this area and/or emails or texts asking for
stop signs at the T-intersections or the cross intersections. In regards to traffic control
devices, primarily those that require a vehicle to make a full stop, you have to comply
with the Manual on Uniform Traffic Control Devices and their guidance. In this
particular case, there are several warrants that warrant a stop sign. One of them is
speed. The speed has been measured over the last several years, and while it's slightly
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above the speed limit, the 85th percentile does not rise to the warrant for a stop sign.
The next one is volume. The number of vehicles using that roadway during a particular
peak a.m. or peak p.m. flow, that number is also relatively low for the size of the road.
And lastly -- and this one is important -- the crash data. We pulled a five-year history of
the crash data, and there was one crash, and it was actually on Palisades at Palomino.
So not meeting any of those warrants really defines why a stop sign is not needed.
And the other side of that, if we decide to put up a stop sign, when there is a crash, if
one or more of those vehicle operators are injured, they typically hire legal counsel. The
first thing the legal counsel does is asks for the warrant and the analysis for the stop
sign. If it's proven that we do not have one or we did not meet the warrant, the original
cause for the crash is no longer relevant. The reason the crash happened is because we
put up an unwarranted stop sign. So that causes problems more often than you would
imagine. In the event that we meet the warrants for a three-way stop or an all-way
stop, we will certainly visit that and construct it.
The project status. We are in the very, very early stages of the planning. We are still
receiving comments, not only from the mayor and council, but from the residents alike,
and so that process is going to take us a little bit longer. Hopefully, we'll get a little bit
more information tonight, and we'll be able to move the process forward.
Temporary walkways. There's been a considerable discussion about that. There are not
going to be any temporary walkways. When the curbs are pulled in and the landscaping
is completed, anyone using Palomino to ride their bicycle, walk their dog will walk on
the street just as they do now.
Encroachment. We had discussed this at the last couple of meetings. No work will
occur outside of the right-of-way, and we're going to go back a couple of slides here, so
we can look at that. As you can see, there is an 84-foot right-of-way on Palomino, and
you can see that it's approximately 12 feet from the back of curb to the edge of right-of-
way. In the event that we needed to get into any of that 12 feet, that would be within
the town's land, but again, respectfully, the homeowners, each individual one's
landscaping would be restored.
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Lastly, in regards to the PG 82 binder use, we currently used adopted and approved
design mix that is specific to the East Valley, the road volumes, and the temperatures
that drive, really, how asphalt functions. The design mix for our area is different than
those areas that experience freeze, thaw, or considerable amount of moisture, which
we are currently not experiencing the latter one, which is too bad; we could use some.
We will certainly look at the new design mix, but it's not likely that there has been any
substantial changes to design mix for the East Valley or this region of Arizona.
Any questions regarding that last page before we move on?
Okay. We acknowledge the community concerns: the introduction of the new sidewalk
and potential changes to the neighborhood's appearance and character, the project
duration and the potential for prolonged disruption, the impact of construction
schedules on daily routines. So let's talk a little bit about those first couple.
There is simply no convenient time for construction whether you're a homeowner, a
traveler, or a businessowner. The ideal situation is that you would be able to come in
and do it during the off-peak times. Well, the off-peak times are often referred to as the
summer, but if you encroach into an area during the summer that normally experiences
less business, they feel as though their business is impacted by those few customers
that would come in.
And the same applies to homeownership. There are some of them that are not
currently here. They're at another home or on vacation or enjoying some other part of
the U.S. or the world. While they're gone, they may not be able to anticipate everything
that's happening. They may have cleaning scheduled. They may have lawn
maintenance scheduled. They may have agreed to allow some friends or family
members to stay in their home. Those things become difficult not only for the
homeowners but also town staff. We try our best to work around those types of things,
including but not limited to furniture delivery and pool service and those type of things,
but again, there is no convenient time for construction. And one of this size is going to
take a considerable amount of time. But as we proceed on any project, we do our best
to provide information in the form of mailers and on the town's website, and we do our
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best to minimize the impact to each of those individual homeowners.
Questions?
We had already discussed the final landscaping. As stated, any time that we disturb
landscaping that has been installed by a homeowner, we go in and restore that area.
The ideal situation is, when we're done, you never know we were there.
A little bit more of the misconceptions. No opportunity for public input. This is not true.
Everything that we have discussed about Palomino and all the other road projects and
paving for the last several years have not only been at council meetings, but work study
sessions published on the town's website and other media sources. We are not hiding
or keeping anything from anyone at any time. We do this publicly.
The other misconception is we're taking property. The town is not going to be
encroaching on anyone's property outside of the right-of-way.
Moving mailboxes, we discussed that in detail, and stop signs.
This is the direction -- or what council gave staff the direction to proceed with, which is
pulling the curb in five feet, adding new curb and gutter, preparing the area behind the
new curb for future sidewalk, a 6-foot shoulder, 11-foot travel, 12-foot two-way left-
turn lane. It's important to note that at least slightly narrower travel lanes and two-way
left-turn lanes are an excellent form of traffic calming. Not to mention, when we
proceed and the project is completed and ready for pavement markings, we will use
thermal plastic and raised pavement markers. This has proven to be very successful in
other locations in town where we have included the raised pavement markers.
Here are some conceptual of what it looks like. Obviously, the photo on the top left is
the current conditions, the one on the top right is what it would look like with a new
curb but no sidewalk, and obviously, the one on the bottom is what it would look like
with a sidewalk.
Again, the estimate for all of this is a little bit over $5 million, and we have discussed
that. This requires a full-depth reconstruction because of its age and the way it was
originally constructed, and it was also constructed over, well, a decade and a half. We
would maintain the 60-foot here. We would add an eight-foot shoulder with a five-foot
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bike lane. Now, keep in mind, this is the elimination of the sidewalk project. This is
another option right here: 8-foot shoulder, 5-foot bike lane, 11-foot travel lane, and 12-
foot two-way left-turn lane. This is another option that we could look at, which is take
the current conditions, remove the road, reconstruct it, change the pavement markings.
Comments, concerns?
KALIVIANAKIS: Yeah, I do have a comment.
MAYOR FRIEDEL: You can go ahead.
KALIVIANAKIS: Thank you, Mr. Mayor.
In option 2, so we're not going to go for 50-foot to lower the cross. This is going to be
the full 60 feet mailbox to mailbox right now. Is that what you're proposing?
WELDY: Mr. Mayor, Councilmember, that's an option.
KALIVIANAKIS: Because it was my understanding that that'd go well over $5 million.
The reason that we were going to do 50 feet and not 60 feet was cost savings. So you
have an estimate of five million. How would that affect your estimate?
WELDY: The biggest impact is pulling out all of that curb work but adding all that
additional repaving and regrading for that extra area of ten feet, which that's the
equivalent of a lane width. So these are rough estimates since we're not yet ready to
proceed with construction.
KALIVIANAKIS: So option number 2, would we have to touch a mailbox, or they would
just be left alone?
WELDY: Councilmember, anything behind the curb would remain as it is except for
those areas where we would remove some of the damaged curb and replace it in kind.
KALIVIANAKIS: I'm specifically talking about mailboxes. Would we have to remove,
replace, or reinstall any mailboxes on option 2?
WELDY: It's likely that some of them would be impacted because they're built on top of
the curb or on a driveway wing that may need to be repaired.
KALIVIANAKIS: Okay.
WELDY: I've not looked at all 137 of them directly, but I would suspect that one or more
mailboxes would be impacted by option 2, not the same, obviously.
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KALIVIANAKIS: So you're saying it would be a few, several? Because that seems to be
one of the points of contention that I think the homeowners have brought to my
attention, and I haven't had any letters to the contrary. They're very concerned about
the moving of the mailboxes. So to me, if we can promise them option number 2,
repave the existing 60 feet, and only touch mailboxes that might be dilapidated or
something, that sounds pretty palatable. But I'll wait for the speakers for that, though.
Thank you.
WELDY: Yeah. Just for clarification, Councilmember, I don't make promises when it
comes to these types of things or most anything else. We will certainly do our best, and
I'm good for my word.
MAYOR FRIEDEL: Councilman Watts?
WATTS: But regardless, that street, as it is today, asphalt shoulder to shoulder, is 60
feet. So we're going to tear up 60 feet, we're going to tear up the substrate, and the
over -- it's not really an overlay. It's an entirely new -- I'm going to guess four inches?
WELDY: Mr. Mayor, Councilmember, so the cross section on this is eight inches of
subgrade, I believe, and four inches of AC.
WATTS: Okay.
WELDY: I'm going to have to go back and look at it.
WATTS: So I'm not sure where the -- there was a comment made about 50 feet. We're
not reducing the width of the street. We're not changing the width of the right-of-way.
We're just simply not doing the work that was originally proposed in the right-of-way?
WELDY: Correct. We are not doing the work that the council originally agreed to. This
is option 2 --
WATTS: Right.
WELDY: -- leave it at its current width and just reconstruct the road.
WATTS: So if I painted a hypothetical picture, from the time you got to the edge of my
property -- because this is going to be a long project, right -- and by the time you get to
the edge of my property and the time you got to the other side of my property, you
literally have a process going on where you're tearing up the street, you're laying it back
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down, and you're also doing whatever work was up to and including the right-of-way.
How many additional days, if we did the work that was in the right-of-way, would it add
to the amount of time it would've been to just do the 60 feet?
WELDY: Councilmember, the project duration really doesn't change substantially
whether we're pulling the curbs in or not. The real time-consuming part of this is
removing all of the old road that's approximately one foot deep and replacing it with
suitable material and suitable asphalt. So that is the portion of the project that really
takes the longest.
WATTS: And I think that's exactly my point. It doesn't matter what we do, 60 feet, into
the right-of-way, it's going to be exactly the same amount of time. So something to
consider is do we do this now and get it over with, or do we do it again later and get into
the sidewalks and the right-of-way and tear things up once again and cause the same
disruption, or is it better to pull the Band-Aid off now? So that's somewhat rhetorical.
But I wanted to make sure the duration of time really doesn't change much once we do
the asphalt, that entire 60 feet is going to be addressed. We may as well do or at least
consider the sidewalks and the right-of-way work; is that fair?
WELDY: It is.
WATTS: Thank you.
WELDY: This is option 3.
KALIVIANAKIS: Could you go back to option 1 before we go to option 3?
Yeah. See, this is the one with the 50 foot of asphalt, and this is the one, I think, that
most of my constituents dislike the most because it's going to be 50 feet of asphalt with
the 5-foot extensions for the potential sidewalks that'll come in much later. But this is
the version that you would have to remove all the mailboxes, correct?
WELDY: Mr. Mayor, Councilmember, that is correct. In order to construct the road and
comply with the U.S. Postal Service --
KALIVIANAKIS: Right.
WELDY: -- of bringing the -- obviously, yes, we would have to do that.
KALIVIANAKIS: Okay. Just wanted to make sure we're all clear. Thank you.
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WELDY: You're welcome.
WATTS: But in both situations, you're removing the entire 60 feet, the entire 12 inches,
and reconstructing the street from the ground up. So you may be shrinking the street,
but you're destroying and then rebuilding that entire 60-foot width as you would from
the very beginning?
WELDY: That is correct, Councilmember.
As we move forward here with an option, and I think this is important to know, when
paving projects, reconstruction, mill and overlay, or anything else, are considered. And
this is a year-plus long process. When we look at transportation improvement projects,
we look at the area that has been selected, in this case, by the mayor and council,
Palomino, we look at the surrounding area, and we look at not only the short-term but
the long-term transportation needs for the entire community, including the local
residents and the neighborhoods adjacent to it. Then we go back and we looked at the
adopted policies and plans. After we have reviewed that, we discussed it in great detail
with the town manager, and then we come forward with our recommendation based on
those adopted plans and policies. And what you're seeing in option 1 was, we followed
direction, we did our due diligence, and we came back with a recommendation based on
the overall community transportation needs and the adopted plans.
Lastly, this is an option that certainly did not make the town manager comfortable when
we proposed it, but it is an option. We had asked, several years ago, the council to
allow for an experimental project on El Lago between Fountain Hills Boulevard and
Palisades where we would go in, repair the worst parts of the asphalt, do a crack fill, an
emulsifier, a chip seal with a cape. The reason staff asked for that was to determine
whether or not it was a viable solution to help with our backlog and allow for an
additional eight to ten years of planning. We certainly know that the experiment on El
Lago has been successful. The areas that received that treatment are in really good
condition to this day, and no additional treatment is going to be needed for the
foreseeable three to five years.
The second location we asked for permission for that pilot was on Chama. There were
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two areas of Chama, one pre-incorporation and one post. There is a noticeable
difference between the pre-incorporation treatment and the post-incorporation. With
those lessons learned, we would move forward, if it is decided to go with a chip seal and
a cape, and do a little bit of additional work in regards to the emulsifiers and filling the
cracks prior to putting a chip seal and a cape on it. This is the least expensive and the
less amount, the shortest duration project that would be offered. Our estimate, based
on unit pricing, is about $950,000 to accomplish that. And this would be the end result,
8-foot shoulder, 5-foot bike lane, 11-foot travel lane , 12-foot two-way left turn lane.
Doing this is less expensive, would allow us to use the balance of the funding to address
some of our backlog for the rest of the community, and also it allows the Mayor and
Council time to look at not only Palomino, but King Street, Ridgewood, Boulder and I
could continue, Golden Eagle and help us determine how we're going to fund that in the
future, because each of these locations are going to require millions of dollars and a lot
of planning to achieve those goals.
MAYOR FRIEDEL: Justin, I have a question. So I've been out to Palomino a couple of
times with you, that 950 estimate for option 3, does that include any curb work?
WELDY: Yes, Mr. Mayor. Where there is damaged wedged curb, we would replace
those sections. That's part of our typical operating procedure. Before we apply any
treatment to any roadway, we go and identify the wedge curb. Sometimes it's buckled,
sometimes it shifts into the road. We saw cut a little bit of asphalt there, and we make
it a structural section, no longer extruded, but rather a structural section that'll hold out
for a considerable amount of time.
MAYOR FRIEDEL: Let me ask you one more question. In ten years, if this road
deteriorates, can you re apply the same chip seal with cape?
WELDY: No, Mr. Mayor, so the chip seal wouldn't go on it. The next treatment after
that would be a type-two polymer, so slurry seal is typically that next treatment.
MAYOR FRIEDEL: Okay.
Councilwoman.
MCMAHON: Thank you very much. So if we select option 3, there's no allowance for a
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future sidewalk. So basically this just keeps it exactly the way it is, and there isn't
walkability basically -- I mean, there is if you're in the street, but you know, we're a town
that it's expanding our sidewalks safe -- walkability, so this would prevent that.
WELDY: Mr. Mayor, Councilmember, so option 3 is proposing to preserve the road and
make it better for the residents that live there and the roadway users. There is not a
sidewalk option here, but it does not eliminate that for the future or any future
planning. It just wouldn't be accommodated in this option.
MCMAHON: So if this is selected and comes back to the future, because this is a public
street, it's not a private street and a lot of people do walk on it, I understand. If there
was a -- if we wanted to put sidewalks on here, then is that going to be really difficult,
really, really expensive? Do you anticipate maybe a grant could be obtained for that or I
mean, I know you don't -- you can't pull the rabbit out of your hat, so to speak, in the
sense that predict that. But how complicated would it be to add a sidewalk -- sidewalks
at a later date?
WELDY: Mr. Mayor, Councilmember, so the option three would not necessarily make
adding sidewalks in the future complicated. What changes is the process decided. Do
we want to pull the curbs in slightly, or do we want to make the road wider and use
some more of the right away? So 5 of the 12 feet of the right of away. So that is really
what drives the cost. Our recommendation to pull the curbs in eliminates the need for
retaining walls or modified driveways that are either up above the road or down below
the road. By narrowing the road just slightly on either side, you can address those costly
items. You're welcome.
MAYOR FRIEDEL: Justin, what's the time period for this Option 3? Less than the Option
1 and 2, obviously?
WELDY: Option 3, probably -- from start to finish at the top, probably 5 weeks.
MAYOR FRIEDEL: Okay. Thank you.
Councilman Watts.
WATTS: And just to be clear, the labeling of all of the lanes and the separations, that's
included in that 950, it's just not the chip seal component?
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WELDY: Mr. Mayor, Councilmember, yes. So anytime we do our preservative
treatments or any type of treatment, we reinstall new pavement markings based on our
new adopted details.
WATTS: Gotcha. Thanks.
WELDY: So as noted earlier, the staff recommendation is to consider Option 3. It's less
costly, takes less time, and allows for future planning, so we can address not only
Palomino, but other roads. And it allows us to use that balance of that funding to
address the backlog, which is town wide, not just in one particular location. We've
certainly made some progress due to the Council's budgeting of money for this over the
last several years, and we would continue to do so.
MAYOR FRIEDEL: I think it's less invasive too, to the neighborhood, to the residents and
not having to move mailboxes and -- and all that. And then it allows us some flexibility
to take a look at some other projects that we might be able to get done with some of
that money as well.
So are there any other -- Councilman Skillicorn?
SKILLICORN: Mr. Mayor, before we, kind of, dive into some debate, I really would love
to hear from the designees and specifically, if they like 1, 2, or 3. That's what helps us.
MAYOR FRIEDEL: Yeah, that's the next step is to -- are there speaker cards?
BENDER: Yes, Mayor, we have four. Two of them which have been granted five
minutes, which are the first two speakers, Chris Bressler (ph.) and then Pamela Pete
(ph.).
BRESSLER: Good evening Mayor and Town Council. For those who were not here two
weeks ago, my name is Chris Bressler. My wife Lily (ph.) and I have owned our home on
Palomino for ten years. And let me start by saying I don't envy any of you at the head of
this room. I'm sure being a public servant has plenty of difficulties, but you signed up
for it, and I know there's a lot of difficult decisions that you almost make. And I'm sure
there are times no matter what decision you make, half the town of Fountain Hills is not
happy with you. I think this could be one of those times where actually most people are
very happy with you, although I won't say 100 percent.
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In the last few months, I've heard numerous politicians talk about the will of the people,
none of you specifically, but repeatedly on the news I hear politicians refer to the will of
the people. And I would venture to say that it's often difficult to gauge the will the
people. But I think in this case the overwhelming outcry of the residents, the will of the
people's pretty clear. And I have outlined a few things here that I know Pam is going to
reinforce.
The first one is either an option two or three, simply repave the street curb to curb. The
second one is, minimize the disruption of our lives. Less is better in this case. The third,
and I know Councilman Watts stepped out of the room, but there was a lot of discussion
around safeguarding the budget of the town and doing that in a fiscally responsible
manner. I would say the fourth thing that has been clear over and over, that every
single person I've talked to in the last month, which is now probably close to 100
people, is we, as the residents of Palomino, don't feel the need for the curbs.
It's not that we don't like curbs. It was two things and one of those was not addressed
by Mr. Weller, which is how long is this going to take? And last week or two weeks ago,
I read the definition of temporary. I didn't hear anything about this is going to speed up
in the last two weeks. So my fear, and I think the fear of many residents, is we're
looking at a five to ten-year process which just feels like eternity for all of us.
I would say the next step, and I would give the town council, the mayor, and Mr. Weldy
a lot of credit on this, is keep the residents informed of the plan. I'm very pleased to see
they actually have a PowerPoint deck tonight with options laid out there. And I would
say, you know, most importantly for all of us is not just listen to us and hear us, but
actually take the input. Justin Welty is the only person I have heard in the last month
want to, you know, even consider option 1. And that's not a knock on him. I get that's
his job, but for those of us that look at this, it just does not seem to make sense.
I had an opportunity this week to speak to Andy Anderson (ph.) and I gathered a lot of
emails from fellow residents at Palomino. Andy is a resident of Palomino. He has 20
years of paving parking lot experience. He worked for Home Depot, Target. These are
massive paving projects. He oversaw those. He would be here tonight, but he's
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currently in Northern Arizona overseeing another paving project.
I called Andy, and I said, hey, help me understand this in layman's term that I could
explain to my mother what is going on here. And he said, Chris, it's pretty simple., as I
look at this and I certainly didn't do the bidding myself, but I live on this street, I've
walked it, I've measured it a simple curb to curb process or simple curb to curb solution,
excuse me, makes the most sense. I would say, now that I've seen all three of these,
and we were doing a very quick poll on the back of room trying to be respectful for the
noise, it's -- I don't think anyone that lives on this on the street, is a fan of option 1.
Now, whether it's option 2 or option 3, I think those both provide viable, you know,
solutions. But I appreciate your time this evening listening to this, and I appreciate living
in a country as a veteran that actually hears its citizens and listens to them. So thank
you very much.
PETE: Good evening Mayor and council members. My name is Pamela Pete, and I live
at 15038 East Palomino. The residents of Palomino's strong preference is that our street
project be confined to repaving. El Lago Residents were not faced with all the original
post -- original proposed additional project scope as it is a similar street. And I heard the
public works director mention tonight that he was proposing a bike lane, yet in the
February town council meeting, he stated Palomino was not wide enough for a bike
lane. So with a narrowly defined street paving project only, our key homeowner
concerns shared during the last meeting would be eliminated and the project cost and
potential for ongoing issues and risks would be minimized.
The elements beyond paving have many residents thinking there is no question that it
will lower property values and curb appeal, especially for resale. As for the granite
installation, the town engineer told me decomposed granite would be installed, and the
public works director stated in the last council meeting that the town would search for
matching landscape rock for each of the 137 homes. No matter the proposed solution,
you will not likely find matching landscape rock for every home. In fact, some
homeowners have told me they tried finding matching landscape rock and were
unsuccessful. Searching for matching landscape rocks certainly adds time, scope, and
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cost to the project.
Who is the decision maker on whether it matches well enough or not? What is the
process for accomplishing this task? Does a homeowner accompany the town staff in
the search for matching landscape rock? No resident I've spoken to has any interest in
the installation of granite or rock in front of their existing landscape.
Now, for the driveway extensions. This would create a visual inconsistency since there
are many styles of driveways such as pavers, painted cement, let alone the unique
construction required for steep driveways. No resident I know has any interest in
changing or potentially ruining the look of their current driveway. Also, the town would
not just be adding cement extensions to the 137 homes, as many homes have a circular
driveway in front of their home. Therefore a single home ,may have two cement
driveway extensions. Since the town will now own more than 137 cement driveway
extensions and granite installations, all homeowners would be calling the town for any
potential issues or repairs.
As for curb removal, the replacement according to the RFQ, existing wedge curbs will be
removed and new mountable curbs will be installed five feet from their current location.
All properties are not even with the existing curve. Many homeowners are well above
or well below the current curb. They have large rock next to the existing curb to
prevent their landscape rock from falling into the road. If you remove the current curb,
there is nothing holding back the large rock or other elements the homeowner has
installed to hold their landscaping in place.
As for mailbox relocations, that will not be straightforward as many are custom built and
coordinated with home designs with matching features on the opposite side of their
driveways. As we heard at the last meeting, one homeowner recently paid $3,000 for a
new custom mailbox, and the town proposes to dig it up and rebuild it. We also do not
want any new , such as cluster mailboxes, replacing our current mailboxes.
As for the budget, in the February 2025 council Town Council meeting, the public works
director mentioned the $5.4 million proposal was the geotechnical cost estimate. Does
that estimate include moving mailboxes, adding concrete driveways, and the installation
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of granite? The extensive disruption caused by a project of this magnitude, one that
uniquely impacts each individual home, cannot be overstated.
With a projected timeline of approximately 18 to 24 months, this prolonged intrusion
will significantly interfere with daily life, not only for every homeowner, but for all who
rely on our street as a primary route. The scale, duration, and personal nature of these
disruptions will deeply affect the quality of life throughout our neighborhood.
We are asking the Town Council for five following solutions. One, prioritize Street
paving only. Two, remove additional unwanted elements, granite driveway extensions,
mailbox relocation. Three, provide transparency on project planning, scope,
maintenance plans and budget. When I asked for project documentation on April 16th
from the town engineer, I was told we do not have any formal documents at this time,
yet somehow someone came up with a $5.4 million budget proposal. Four, add traffic
calming methods with public input. And five, minimize disruption to the neighborhood.
Thank you.
BENDER: Mayor, our last two speakers, Paula Stefan (ph.) and then Priscilla, is it, Portal
(ph.).
STEFAN: Good evening. I've lived on Palomino for probably eight years now. I've -- I'm
Fountain Hills resident for over 20. My concern with the first project, I'm -- first of all,
let me just preface this as I'm really glad to see some other options. Don't move my
mailbox, please. And my concern is that the parking lane, I don't know what you call it,
but the parking lane is it needs to be wide enough so that people can get out of their car
safely. We're an older population, so -- and I have older friends that come over. They
need the space to be able to open their door, get out safely. And I think the bike lane
next to the to the parking lane would that be, you know -- would do -- do its job. Sorry.
Um, so the other issue I have with Palomino is it's a raceway. I live just a couple houses
from Palisades and people are going 40 miles an hour by the time they get to my house.
It is insane. So we need the measures to slow everybody down. I don't know why we
haven't proposed like speed humps. I don't agree with not putting stop signs. I've never
seen strips put out on our street to say we don't have a lot of traffic or people aren't
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going fast enough.
Live on Palomino, you will know people go way too fast. We need some measures to
slow people down. I don't ever feel necessarily unsafe, but we definitely need to have
the amount of space for people to get out of their cars and walk on the street. And we
don't want sidewalks, we're fine on the street, but we need that amount of space to do
it. Okay. Thank you.
POND: Hi, Mayor, Council members. Priscilla Pond (ph.). I've lived in Fountain Hills for
28 years, lived on Palomino Boulevard for probably 21. Kids grew up here, the whole
thing. So I appreciate the fact that since the last meeting, you guys have brought
together alternatives. I do believe alternative 2 or 3, B or C, whatever it was called,
meet our needs better. Probably C or B, or three because of the five-week component
versus 18 to 24 months because it can still be viable for ten years.
So basically I really had planned to just write my comments, but my handwriting's so
bad she couldn't even get my last name, so I ended up coming up here anyway. But no,
I do just want to say I appreciate the fact that our concerns have been heard. I do feel
that. I don't know if there's some type of survey of the 137 Palomino Boulevard
members that you can take that would give us a fear -- a feel of a vote for B or C, or 2 or
3. I don't think you'll get very many for 1. But I appreciate your time and thank you.
MAYOR FRIEDEL: Councilman.
SKILLICORN: Thank you, Mr. Mayor. So I think we're -- we are hearing the comments
here, and it's actually very helpful. When I look through the plans, I see that 1 actually
has the narrowest parking lane of all three options, six feet versus is the current nine,
and the other are eight feet. So the -- number 1 has got a very narrow parking lane.
Number 1, also, bulldozes the mailboxes. So sounds like that one's out, or at least that's
the -- reflect the motion that I would like to make.
But also, I do want to have -- maybe a suggestion is, I believe that the town owns some
of those active speed limit signs that show you your speed is. I believe we have a couple
extra, you know. And I'm not going to make this part of the motion, but this is
something that staff could easily add or, you know, maybe other options there.
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But also people are -- want some sort of calming. I think the lane striping that are part
of 2 and 3 are a form of traffic calming. And in my experience from the -- in the
engineering alternate -- alternative, they do really do slow down traffic. And I can even
see the engineer David nodding his head there. It does actually a pretty effective job at
that. So I am actually prepared to make a motion, but I'm kind of curious to the people
here, do you want 2 or 3? Do you want the more significant longer lasting 2, or do you
want the tenure number 3 band -- as a band-aid. It's like an equal dispersion there.
So I'm going to -- I'm going to make a motion here, and it's motion to prevent the
mailboxes to be bulldozed. And that would be the proceed with option 3. And I'll wait
to see if I can get a second.
MAYOR FRIEDEL: First of all, I want to just correct one thing. We're not bulldoze --
LARRABEE: I'll second. Sorry.
MAYOR FRIEDEL: -- we're not bulldozing anybody's mailbox.
Councilwoman Earle.
EARLE: Thank you. I agree and want to listen to all of you that you don't want the --
doing the sidewalk. But looking at 2 and 3, I do want to listen to what's most important
to all of you. But if it was for me, and it's rare that we were able to pull together in the
budget for this to be done, would be to do the full depth asphalt option number 2
where you're going to get a nice good street that's supposed to be -- last 30 years. If we
did the chip and seal, that's only eight to ten years. It's kind of like kicking the can down
the road. You're going to have to do it three times. Now, you're -- what -- we're almost
getting -- we're getting -- by the time you start redoing, it would be more expensive
than, I assume at that time, than you know, every ten years, -- eight, ten years.
So -- but then it's -- I guess it's, you know, it is town property. But if it was my choice,
it's not just my choice. I would go with the better option.
MAYOR FRIEDEL: Vice Mayor.
LARRABEE: I think Councilman Earle just changed my mind because the reality is, is that
you'll all be back in ten years, you know. I don't know if it's reasonable procedure, but I
would be voting no to something I just seconded.
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MAYOR FRIEDEL: Come on up, and I'll allow you to ask a question.
UNIDENTIFIED SPEAKER: Mayor and Council, I am just confused. What is the
difference? Can we differentiate between 2 and 3 because I'm kind of in agreement
with Councilman Earle.
EARLE: If I may, Mayor?
MAYOR FRIEDEL: Justin, can you go back over what the difference between options 2
and 3 are for the audience?
WELDY: Option 2 is reconstructing the road in its current payment width. Option 3 is in
its current width just a chip seal and a cape. So 2 is rebuilding it in kind and 3 is chip seal
and a cape.
MAYOR FRIEDEL: And the time frame for rebuilding it is how long approximately?
WELDY: Realistically, you're probably looking at 12 months, all included after the
project gets started. It could be a little bit shorter or a little bit longer. Oftentimes
we've discovered with pre incorporation roads when we begin to remove it that there
are things that we did not anticipate despite our best planning. So the realistic is, I
would allow for 9 to 12 months --
MAYOR FRIEDEL: Versus five --
WELDY: -- for option 2.
MAYOR FRIEDEL: Versus five to six weeks to do the chip seal and cape?
WELDY: Yes.
MAYOR FRIEDEL: Councilwoman Earle.
EARLE: Yeah, I just want to reiterate that, or find out, so this was pre incorporated road,
this road that we're -- we would be redoing; is that correct?
WELDY: Council member -- or Mr. Mayor, Council member, parts of it.
EARLE: Okay.
WELDY: So -- and I'm going to be real brief here. When you purchased a home prior to
incorporation, the road was typically dirt, and they paved just in front of your house.
EARLE: Okay.
WELDY: When someone bought down the road and across the street, they parked in
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front of their house. And they eventually filled in that patchwork until they were no
longer. And then, the newly incorporated town came through and paved those areas.
So when the newly incorporated town came and paved those areas, they bay -- paved
the current conditions that were there. They did not reconstruct it unless it was almost
altered.
EARLE: So that -- basically if we do the chip and seal, we're just like putting frosting over
a mass underneath. In my -- I'm sorry to say that way. But if you do the full depth
asphalt, you're going down -- the whole street will be the same. It will have that good
solid -- what's the word for it underneath -- base. Is it you were going down, did you say
six to eight inches?
WELDY: Approximately 12 inches.
EARLE: 12 inches. But to me that seems a smarter way to go if we want it to last the 30
years and be a good solid road.
WELDY: In regards to the longevity of any pavement, it requires that money is set aside
for maintenance. And so that's, on average, three to five years. In some cases, five to
seven. We are currently in a backlog of 61 percent or more of the roads because that
money has not historically been available. So historically a road will last for 30 or more
years provided you have funding to do the necessary maintenance. To date, that's been
a little bit of a challenge.
MAYOR FRIEDEL: And I just want to say coming up with this money to get this project
done was not easy.
So Councilwoman.
MCMAHON: Thank you. So if number 3 is picked, it's the same -- it's the same road, and
we have a lot more money to address our backlog. And even though with the crack seal
et cetera, it's still going to improve and fix the road and with maintenance. I know that
a few people that I've been received emails from, they seemingly preferred the shorter
time and see -- and not to have it -- their neighborhood being disturbed for a year, et
cetera, of course not the mailboxes and all that. I personally like the fact that -- and a
couple of people have, you know, mentioned well, this -- why are they getting their road
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done, and you know, that's the same thing we hear, you know, in every single with road.
But I think as far as our budget goes and looking into the future with less income coming
in et cetera, I would like to utilize these funds for that, but also to take a look at our
backlog, you know, because so many people are unhappy with more of our streets than,
no offense, just Palomino.
MAYOR FRIEDEL: Councilman Watts.
WATTS: I'm in favor of option 2, and the reason is simple, because it provides the
equivalent of three chip seals and overlays. And the problem is, to your point, you can
only -- you can do one chip seal and cap, then you have to do a different process, and
that's going to be ideally ten years down the road. Most likely going to be somewhere
between six and eight, not eight to ten. And then the third instance after that same 30-
year period, you're going to have to do it again. So we're going to end up spending the
same amount of money, if not more, because of inflationary cost. We know we have
the funds now. It meets the majority of the requirements of the neighbors where we're
not disrupting yards and mailboxes and driveways. And we know we've got the funds
today, and it gets a headache off of our back for a significant amount of time. The
downside is the length of time that it takes to get done. But you're going to be
disrupted as many times over this next 30 years regardless, if not more so.
MAYOR FRIEDEL: Councilman Skillicorn.
SKILLICORN: Thank you, Mr. Mayor. One thing also I wanted to point out is, if we did
with one and we moved, you know, the curbs and we changed driveways, I do have
some concerns because, obviously, driveways don't match. But there's also, you know,
issues with topography there. You know, we got steep -- you know, both -- both sides of
the street could be -- some of them aren't that bad, but some of them are pretty steep.
You know, I worry about certain cars that have my lower -- lower clearance. If you
change the driveway nature, you could get into clearance issues. And I know that, if I
lived there, I would not be very pleased.
And so we do want to, obviously, prefer -- you know, preserve the property values.
I am willing to change my motion to two, but maybe if we could get -- I see some heads
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nodding. Could we maybe put up hands for -- for two --
UNIDENTIFIED SPEAKER: For goodness sakes.
SKILLICORN: -- and separately?
UNIDENTIFIED SPEAKER: Can we do that?
UNIDENTIFIED SPEAKER: I don't think we can do that.
SKILLICORN: And what about for three?
UNIDENTIFIED SPEAKER: Just close your eyes.
SKILLICORN: So I'd like to amend my motion to -- to two.
MAYOR FRIEDEL: Councilwoman?
UNIDENTIFIED SPEAKER: I'm good.
WATTS: I'd second the motion if it hasn't been seconded.
LARRABEE: I --
WATTS: Oh. You already seconded?
UNIDENTIFIED SPEAKER: Vice mayor would want to --
LARRABEE: If I need to amend my second, amending my second --
WATTS: Got you.
LARRABEE: -- to option two.
UNIDENTIFIED SPEAKER: We good?
MAYOR FRIEDEL: No more discussion. We have a motion and a second. Can we get a
roll call, please, Town Clerk?
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember McMahon?
MCMAHON: Nay.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember Earle?
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EARLE: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, 6-1.
MAYOR FRIEDEL: Thank you.
Okay. Next on our agenda, we moved I up, consideration and possible action for
approving a law firm to serve as the town attorney, providing legal representation to the
Town of Fountain Hills and directing the town manager to negotiate and execute a
contract.
Rachel?
GOODWIN: Mayor, as you know, we were talking about this earlier. The RFP process
has been a swift one.
MAYOR FRIEDEL: Thank you.
GOODWIN: We've taken the last week to conduct interviews and scoring, so tonight's
the night to give final direction on how to proceed with that RFP process. I will turn that
back over to the council for consideration and direction.
MAYOR FRIEDEL: Councilman Skillicorn?
SKILLICORN: Thank you, Mr. Mayor. I just want to thank the staff for all the time they
put into this. And I'd like to make a motion to consider -- to negotiate a contract with
Tim La Sota and Jen Wright to provide counsel services.
LARRABEE: Second.
MAYOR FRIEDEL: We have a motion and a second. Is there any discussion? I'm sorry.
Any speaker cards?
BENDER: Mayor, we received one online card, and they were against. But we do not
have any speaker cards present.
MAYOR FRIEDEL: Okay. Thank you.
Councilwoman?
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KALIVIANAKIS: Thank you, Mr. Mayor. Yeah. I would like to see the law firm of
Dickinson Wright represent the Town. As we listened to the solicitations from all four
firms, that was the only firm that had the depth of the staff to handle, I think, a city of
this size. The other three candidates were basically solo practitioners. They didn't have
staff. They were -- I don't feel like we're going to be able to represent the Town with all
the issues that we are faced with on a constant basis. I think we -- we need the kind of
firepower to have our interests represented well.
They are a highly -- highly rated firm. They're known statewide. So to me, that would
be my -- the primary firm. There were three other ones.
And I know Councilmember Skillicorn just had the proposal for the Tim La Sota Law
Firm. I just want to point out that Tim La Sota and his law firm had -- has had a number
of connections to this town. There's so much to discuss here, but it was reported in the
Arizona Republic that the audit of this council -- councilwoman -- was disingenuous, was
a witch hunt. And that was said by our former town attorney. He had resigned since
then because of allegations that he was overbilling on the flat fee contract.
What concerns me is Fountain Hills Councilman Gayle Earle received a proposal -- two
resumes and a proposal for fees in March of this year. That's when we still had Pierce
Coleman representing us.
Now, if the firm of La Sota, Tim La Sota, were aware of the procurement rules, they
would know that an RFP, a request for proposal, hasn't been issued. So why would they
submit a resume and a fee structure? Do they not understand the very laws in a small
town and -- and the municipalities, that you need a RFP in order to apply for a job? I
don't see how they could miss that.
Now, the newspaper and the prior law firm call this a scandal. And Fountain Hills has
had a lot on its plate lately, and we've been getting a lot of press statewide, some
national. This politically charged attorney is going to come to our town and reignite yet
another fire at a time when this town needs healing. Their former attorneys said, in
reality, Councilmember Earle's witch hunt has little, if anything, to do with money.
Rather, it's a pretext for her appointment of one of her close contacts to serve as the
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town counsel -- as the town attorney.
They have represented Reclaim Our Town in a losing lawsuit on a referendum. They
have represented Councilmember Skillicorn and federal courts suing myself, Former
Mayor Ginny Dickey, Councilmember McMahon, and Former Councilmember Blue (ph.).
Now, in both of these cases, I think it's noteworthy to point out they lost. So why are
we hiring an attorney that has a track record for losing cases and not understanding the
law? I don't understand why we would hire that person.
This is something that people have suspected had been a plan that had been hatched.
And I'm not making any allegations, but I -- but I am repeating some of the allegations --
UNIDENTIFIED SPEAKER: You just did.
KALIVIANAKIS: -- that I have heard in the media and constituents that have written me
letters and expressing their concern about what's going on here. And so once again,
we're going to have an opportunity to get ourselves into a great deal of controversy
over -- over a very controversial pick.
I would implore this council, let's just take a pass on -- on this volatile road and pick a
firm that doesn't have a track record here --
MAYOR FRIEDEL: Are you --
KALIVIANAKIS: -- in Fountain Hills.
MAYOR FRIEDEL: Are you about done?
KALIVIANAKIS: I am about done. Thank you.
MAYOR FRIEDEL: Thank you.
UNIDENTIFIED SPEAKER: Geez.
MAYOR FRIEDEL: Vice mayor?
LARRABEE: While, I appreciate my fellow councilman regaling of the results of their
media tour, today we're here to discuss hiring a new town attorney. Because it was
done in executive session, as are most personnel issues, I can't give you the details of
the interviews. What I can say is that I was genuinely impressed by the La Sota Law
Firm, and an attorney that has litigation experience, I would consider a good thing.
I cannot say I was all that impressed by Dickinson Wright. I think that there is a --
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there's a special benefit to the personalized service you get with a smaller -- a smaller
law firm, as there is with a smaller company. That person knows your name and face
and cares about you. Your money matters a little bit more when you're not among
these multi-million-dollar contracts. And that's why I'm voting for the La Sota Law Firm
tonight.
MAYOR FRIEDEL: Councilman Skillicorn.
SKILLICORN: Thank you, Mr. Mayor. You know, the law firm Dickinson Wright was
brought up, and I just punched their name into DuckDuckGo. And I see that, you know,
their -- their name does come -- their website does come up, but just two links lower,
they come up -- there's a article ranking the most liberal law firms. And when I go -- go
to it, they're right there at the top.
And then, if I go to the Dickinson Wright law firm's website, their website is full with DEI
propaganda. They are a hundred percent rated with the HRC. It seems like they would
be more interested in their ESG score than representing the people of Fountain Hills.
And I just -- this has got to be a nonstarter for a community like ours. I mean, we -- we
got to read -- read the room here that it's just inappropriate to even consider.
MAYOR FRIEDEL: Councilman Watts.
WATTS: First, I want to thank the staff because the staff did the heavy lifting to get this
completed. We had four attorneys. It was an arduous process to go through. All four
firms were good firms. Fundamentals were there. But I don't think we need somebody
to put out fires. We need somebody -- I think we need to have -- have -- stop having the
fires and having the pot stirred incessantly. So we don't need somebody that can start a
fire. And I will be voting for La Sota, as well.
MAYOR FRIEDEL: Councilwoman?
MCMAHON: Thank you very much. I concur with what Councilmember Kalivianakis
said. I have serious concerns about this procurement process because it is a significant
legal process, and we do not have any legal representation. We have significant
questions that need to be addressed, in my opinion, but ultimately, our goal is to select
the most qualified legal team, one that can serve the Town, the staff, and the council
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without bias, without politically being motivated, or the appearance of impropriety with
prior communications and with a councilwoman that -- when this job wasn't even open.
In addition the -- you know, I've read Mr. La Sota's pleadings. Not impressed. A lot of
mistakes. A lot of, you know, mistakes in citing cases and law that the federal judge
corrected him on and, in fact, did a summary judgment versus just a judgment on the
temporary restraining order.
You know, in my opinion, we have the opportunity to pick the best and most well
respected law firm, you know, for -- you know, this is a huge law firm. I've worked in a
large law firm at Snell and Wilmer. I know how they operate. I know how professional.
I know their high -- very, very high standards. Regardless of the size, every client is a
personal client to the attorneys that represent them, and they're objective and
unbiased. And I was very impressed by them.
You know, to me, looking at a solo practitioner, they -- they don't have the breadth, the
experience, the capability to utilize all facets of the law firm and every aspect that this
town is going to need moving forward. It's not putting out fires. It's called
representation and -- and getting the most for our dollar.
You know, we have an opportunity here to choose a law firm with no prior
entanglements with our -- or political involvement in our town affairs, to start clean.
And that is what I would hope we would do. And it really saddens me to think that
this -- this is -- we're -- that the council might select a politically motivated law firm
that's a solo practitioner that, to me, based on everything I saw, based on all evaluations
and everybody that applied, is -- doesn't even come close to Dickinson.
So thank you.
MAYOR FRIEDEL: I'll add a couple of comments. We had a firm before that had a reach
outside the firm, so the depth and the knowledge wasn't there necessarily for a firm, as
well. So every attorney, as I may have said before, has connections. And they know
people that have certain expertise in certain areas. So if there's a need, there's always a
way to do that. So I just thought I would weigh that in.
And if there's no more discussion, do we have a motion on that, and do we have a
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second?
UNIDENTIFIED SPEAKER: Yes.
MAYOR FRIEDEL: Roll call, please.
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Nay.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember McMahon?
MCMAHON: Nay.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, 5-2.
MAYOR FRIEDEL: Thank you.
We'll move to what was labeled E in the regular agenda, consideration of the possible
action, approving Ordinance 25-07, amending the Town Code.
Oh, I'm sorry.
BENDER: D.
MAYOR FRIEDEL: D. I knew I was going to -- I knew I was going to mess this up.
Approving the Ordinance 25-06, repealing and replacing Town Code, Chapter 7 of the
Building Code Regulations. And I see John.
You're on deck.
WESLEY: Mayor, Council, good evening. It's been a few months since I had an
opportunity to give you a presentation. So glad to be here this evening. I'll go through
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this fairly quickly. You've had a long night. This is, overall, a fairly routine item, but
something that we do periodically.
So the Town uses the international building codes as a part of the construction process
for reviewing plans and doing the inspections. The code books are updated every three
years. But generally, every other cycle, so every six years, we come before the council
to adopt the newer codes for use. Also, this includes updating the latest of the MAG
standards for public works construction.
The use of the national building codes across the country makes it easier for the design
professionals who are preparing plans because they have a consistent set of standards
to work from. And so again, every three years, we change the cycles. Towns that are
looking at whether or not they want to update -- and most do it every other cycle.
Currently, most valley cities are on the 2018, as Fountain Hills is. There are two that use
the 2021. And there are a couple others that are in the process of updating to the 2024.
Keeping our codes updated helps maintain our ISO ratings.
So the ordinance that you have, again, updates Chapter 7 of the Town Code, which
includes the building codes listed on these two slides.
Mostly, the changes from the 2018 to the 2024 code are clarifications and some updates
based on latest technologies. There weren't really a lot of substantive changes to the
codes. Our building official, Mr. Johnson, is here if you do happen to have any questions
about what those might have been, to help answer those questions.
But in addition to adopting the codes themselves, there are always some local
amendments that are made to the ordinances because there are certain local conditions
that are -- you know, don't quite fit the national. We try to keep those amendments to
the minimum.
As you look through the ordinance that's provided to you, you'll see the most extensive
list of changes are to the fire code. None of those changes are new. They're carrying
forward the changes made in the past. While they're a lot, again that's what we're used
to doing, what our customers are used to using.
With regard to the rest of the building codes, there are a couple of changes, one of
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which, and the only one really to the international codes themselves, has to do with the
international pool and spa code. Locally, we've had some amendments to that in terms
of pool barriers, but we've never actually adopted them as amendments to the codes
themselves, so we wanted to correct that this time around and get those pool barrier
codes that we're actually using into these amendments.
Other than those -- the codes themselves, Chapter 7 includes other things having to deal
with the building construction process. Those are mostly staying the same. I'm
reformatting the Code, though, to improve the readability of the chapter and to
conform with other town codes.
But there were a couple of sections we found in other sections of the Town Code we felt
fit better in Chapter 7, and that's a companion item you have. It's the next item on your
agenda this evening. And so we're proposing to move Article 10-6 into 7 and 7-19,
dealing with on-site restroom facilities at construction sites, and then Section 10-2-3(B),
regarding construction debris, into Chapter 7.
There's one other change that's included. The state legislature just approved some
changes that affect the length of -- of time for construction, when it can start. And so
we're updating our code to be consistent with what the state statute change is. So
based on this new code, from May 1st to October 15th, construction can begin at 5 a.m.
and then go until 7 p.m. There are exceptions for weekends and holidays. But that's
the -- that's the main -- main time.
And then, as far as the rest of Chapter 7, we renumbered the following sections again
just to be consistent with the rest of the Code. But there were no changes in the
language of the Code.
So in terms of preparing for this evening, we did notify contractors, architects,
developers by providing email notice to everybody who's been doing projects over the
last couple of years and have their -- their email in our system. We placed a notice in
our TOPP System that they use regularly so they could see that, and hopefully, that big
red letters at the top of the page caught their attention. We also posted on the website
and posted notice in Town Hall. We've not gotten any questions, comments from any of
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our users of our system.
As recommended, if approved, the changes to the Code are scheduled to go into effect
on September 1st. That gives anybody currently working on any designs the
opportunity to complete using the current codes before those changes take place.
Are there any questions that you have of me?
MAYOR FRIEDEL: Councilman Watts?
WATTS: John, we briefly discussed these, and they -- and when I went through them,
they didn't look like they were significant increases in cost to the contractor or, by -- by
default, to the homeowners. Did anything jump out of the -- and you didn't get any
feedback, which I'm really kind of surprised, which is also indicative, to some degree,
that there's nothing significant here other than some fine tuning. And the incremental
cost on some of the things that you have to do now is marginal compared to what was
already in the Code.
I just want to make sure that -- I'm not sure how to do any more than you've done, but if
you haven't got any feedback, zero, then I guess we're good to go.
WESLEY: Thank you, Mayor -- excuse me -- Councilmember Watts. Appreciate that.
Yes. We've gotten no feedback that I'm aware of. Peter's got no comments either. So
we think everybody's -- understands this. It's a regular process, again, throughout the
valley. Other people -- or -- or other communities are changing theirs to the '24 codes,
also.
MAYOR FRIEDEL: Do we have any speaker cards?
BENDER: No, Mayor.
MAYOR FRIEDEL: No? Can we --
WATTS: If I had the doggone ordinance, I would.
MAYOR FRIEDEL: Thank you.
MCMAHON: Can we just --
WATTS: Where is it?
MCMAHON: You have to say it, the ordinance?
WATTS: Oh, you got it. I move to approve Ordinance 25-06 as presented.
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MAYOR FRIEDEL: Thank you.
MCMAHON: I second that.
MAYOR FRIEDEL: We have a motion and a second. Can we get a roll call vote?
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, 7-0.
MAYOR FRIEDEL: Thank you.
And John, you're on deck for the next one, which is amending the Town Code for health
and sanitation, Sections 10-2-3.
WESLEY: Yes, Mayor. And I really have nothing more to add. It's just two sections we
just put into Chapter 7. It's just removing them from the other portions of the Code.
Yeah.
MAYOR FRIEDEL: Okay. Do we have any council questions on this one? If not, I'll ask if
there's any speaker cards on this one.
BENDER: No speakers, Mayor.
WATTS: Just one, John. What's our ISO rating, and -- and by what year are we rating? I
mean, they change over time, so I'm not -- ISO 2000, 2020, what is it?
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JOHNSON: All right, Mayor, Council. Peter Johnson, your chief building official. You
may or may not have met me personally. I don't come to these meetings often. But our
current ISO rating for residential is a 4. It's a 1 to -- 1 to 10 scale, for -- 1 being better.
So we're a 4. That's based on level of service we provide, the funding we receive, staff
qualifications, the amount of work we produce with the staff we have. And so that's
where we're at right now. That's the same for residential and commercial.
I came to work here in 2002, and we were a 4 then. And I've been able to maintain it
ever since, which is a good rating.
And the fire department does a similar thing. The two, together, give us our rating.
WATTS: Thank you.
JOHNSON: Uh-huh.
MAYOR FRIEDEL: All right. So I have a motion and a second, I believe? Or do I have a
motion?
BENDER: Mayor, you don't have a motion.
MAYOR FRIEDEL: I don't have a motion.
LARRABEE: I move to approve Ordinance 25-07.
EARLE: I second that.
WATTS: Second.
EARLE: I third it.
[LAUGHTER]
MAYOR FRIEDEL: We have a motion and a second. Can I get a roll call vote, please?
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
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BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Aye.
BENDER: Mayor, 7-0.
MAYOR FRIEDEL: Thank you.
Next up, we've got F, which is consideration and possible action of approving additional
community center improvements.
Rachael, you got Kevin coming up?
GOODWIN: I do. Kevin's going to be joining us again, and I think he's going to be
referencing a photo he shared earlier tonight in reference to the community center
lighting improvements.
SNIPES: That is correct. Mayor and council, as we discussed a little bit earlier, we are
looking at some new lighting over -- for the community center. I was before you earlier
this year talking about the lobby lighting and -- the lobby alone, along with the little side
shoot that's there. And you approved that lighting, and we were working our way
through the process and trying to find some lighting that would work with the space.
And we quickly found out that they weren't going to be able to meet our deadline of
getting it here and installed by June 30th.
Once that happened, we started -- we had also been discussing with the same lighting
providers the bigger picture of the lights in the ballrooms and the hallway, as well. And
one of the things that they brought up was that we would save substantially on shipping
if they were done altogether, which with the -- the -- the lights aren't heavy, but they
take up a lot of room when you're talking six-foot-wide -- or lighting.
And so we decided to hold off on that and carry that over to this year's budget so that
we could come back to you today and -- and ask for permission towards next year's
fiscal for the remainder of the lighting. And so first we'll go through, and I'll just show
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you what they are. And then, we'll discuss the cost of it.
So these are the lights that we -- that we're looking at for the ballrooms and the lobby,
so the biggest fixtures that you see in the community center. These are LED lighting, so
they will be dimmable to where that we can increase or decrease our lighting, as
needed, in our rooms. And this is the rendering of -- of that structure for -- for both of
those.
For our smaller lights, the ones that are tucked up into the ceiling, these would be for
the hallway and the lounge area of the lobby. And this is the look that compliments the
larger fixtures that are hanging -- hanging down at a lower height.
So last year, we -- we had 50,000 for the lobby. This year's ask is for the 70,000 for the
hallways and the ballrooms to complete out the lighting package to where that all of our
major lighting that's in the community center will be updated with this project.
And with that, I'll take any questions that you have.
MAYOR FRIEDEL: Councilwoman Earle?
EARLE: Where would this money come from, what bucket?
SNIPES: So there's a capital improvement for the community center, and that's what
this would come out of it.
EARLE: And we're just increasing it by the 70?
SNIPES: It's not increasing -- that -- that bucket has --
EARLE: I'm sorry.
SNIPES: -- more than -- more than 70 in it.
EARLE: Oh, got it.
SNIPES: This would just --
EARLE: Okay.
SNIPES: -- take 70 out of that bucket.
EARLE: We had already approved the 50, so then --
SNIPES: Correct.
EARLE: And we're saving money, you said, by doing it now because of the shipping?
SNIPES: Doing it all together. In shipping -- it's about $5,000 for shipping.
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EARLE: Uh-huh.
SNIPES: And so if we had two loads, that'd be $10,000 worth of shipping for --
EARLE: Okay.
SNIPES: -- for each. And this way, it'll -- it'll be just --
EARLE: And anything --
SNIPES: -- a single --
EARLE: -- on labor or -- maybe not because it's done --
SNIPES: A little bit in the -- in the mobilization and stuff. Of course. Uh-huh.
EARLE: Okay. Thank you.
SNIPES: Uh-huh.
MAYOR FRIEDEL: Seeing no other questions, do we have any speaker cards on this?
BENDER: No, Mayor.
MAYOR FRIEDEL: Okay. Can I get a motion?
EARLE: I'd like to make a motion to approve.
LARRABEE: Second.
MAYOR FRIEDEL: We have a motion and a second. Can we get a roll call, please?
BENDER: Councilmember McMahon?
MCMAHON: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Yes.
BENDER: Councilmember Earle?
EARLE: Aye.
BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Vice Mayor Larrabee?
LARRABEE: Aye.
BENDER: And Mayor Friedel?
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MAYOR FRIEDEL: Aye.
BENDER: Mayor, 7-0.
MAYOR FRIEDEL: Thank you.
SNIPES: Thank you, again. Appreciate your support.
MAYOR FRIEDEL: Thank you, Kevin.
Item G. I see Paul coming up -- is a discussion and possible action relating to the travel
policy for the mayor and councilmembers.
SOLDINGER: Yeah, Mayor and council. Thank you for the opportunity. I know it's been
a long night already. Basically, at a recent council meeting, we were directed to prepare
a draft of a council travel policy. So what we did is we took our staff policy that we
presented, and we adjusted it to align with that direction for, like, the mayor and council
for travel. And we included a 15-mile [sic] requirement to be eligible for reimbursement
for -- for meals, hotels, and mileage.
And so that's what's in your packet. I have a copy of it, as well, on the computer if you'd
like me to bring it up. And with that --
MAYOR FRIEDEL: Councilman Skillicorn, you have a question?
SKILLICORN: Thank you, Mr. Mayor.
Director, I probably just misheard you, but was it 50 or 15 miles?
SOLDINGER: Fifty miles.
SKILLICORN: 5-0.
SOLDINGER: 5-0. Yes.
SKILLICORN: Yeah. Mr. Mayor, that sounds reasonable. I mean, there's -- we already
get a -- a stipend. There's no reason to double-dip for the -- the travel. So this seems
reasonable, and I want to thank -- thank you for putting this together. And I'll make a
motion to approve.
LARRABEE: Second.
EARLE: Can I ask a question before we go?
MAYOR FRIEDEL: Yes. Go --
EARLE: Is that 50 --
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MAYOR FRIEDEL: Go --
EARLE: -- miles --
MAYOR FRIEDEL: Go ahead.
EARLE: -- one direction, correct?
SOLDINGER: Yes. One direction --
EARLE: Not round trip?
SOLDINGER: -- Councilmember.
EARLE: Okay.
SOLDINGER: Yes.
EARLE: Thank you.
SOLDINGER: From Town Hall is how we defined it.
MAYOR FRIEDEL: Councilwoman?
MCMAHON: Thank you. Has council abused any travel expenses or reimbursement?
SOLDINGER: Mayor and Councilmember, I think that's a subjective question. Abuse is
not a very defined term. But there's no -- if I was concerned about fraud or abuse, I
would -- you know, I would report it to --
MCMAHON: Uh-huh.
SOLDINGER: -- the relevant authorities.
MCMAHON: Yeah. I understand this is a staff policy of over 100 employees. We're
seven people, and I think we're all pretty responsible when it comes to the submission
of mileage and rare travel expenses. We are elected officials, and our job requires us to
go out in the community and represent our town. That is a requirement for -- and that
includes driving, you know, ten different conferences and events that are not in town
and that are with -- you know, reasonably, a few miles away.
Fountain Hills is approximately 20 to 32 miles from downtown. Therefore, in my
opinion, the 50-mile radius does not apply because it automatically prevents us from
getting reimbursement or, you know, for -- for reasonable miles expenses and maybe
our annual hotel stays at the League.
You know, our monthly stipend of $400 doesn't really cover this. I mean, it's a stipend.
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It's not a salary. And you know, to fulfill our duties, I -- I think that it's reasonable to
assume that we are going to have mileage and we are going to be going to different
events, et cetera. I don't think that any of us do that excessively. I know, personally,
when I can attend a meeting via Zoom, I do, you know? And I know I don't always ask
for mileage reimbursement.
You know, as far as hotel stays, you know, we attend the annual League of Arizona Cities
and -- conference. That's the one conference that I can think of that we do have the
option to stay at. And I think, given the magnitude of that conference and being able to
stay at a hotel regardless of the distance -- you know, whether it be Phoenix,
downtown, or Tucson, where it usually is, you know, is -- is reasonable.
You know, we're all adults, you know, as the mayor said at a private -- prior meeting,
and we can all choose whether or not to stay at a hotel for a few nights once a year. I
know this is -- has always been budgeted is my understanding. It is in the budget. It
would prevent staff from doing -- well, with staffs, I don't -- if yours -- pardon?
GOODWIN: The draft that's before you is relevant to the council.
MCMAHON: Council? Okay.
GOODWIN: Uh-huh.
MCMAHON: So like I stated before, we're automatically out, this 50-mile radius. And I
think that, you know, enacting this would have, you know, is the -- would be too
restrictive and prevent us from doing our jobs and seeking reasonable reimbursement.
You know, as far as international airfare, you know, or rental, baggage, and all that stuff,
as far as I know, we have never traveled in that respect. We don't anticipate it. I don't
even know if any of us has -- has ever submitted a claim for reimbursement for flights or
anything like that.
So to me, that -- this is the breadth of this -- the scope of this is beyond what we --
council has done in the past or anticipate doing in the future. You know, when --
expenses requested by councilmembers and related to effectively doing their job should
be allowed and should be reasonable. And given the proximity of where we are, I think
that we should get -- it is important that we get -- and -- mileage reimbursement and be
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able to at least attend the League conference and determine whether or not we want to
stay once a year at a hotel.
So thank you.
MAYOR FRIEDEL: Councilwoman?
KALIVIANAKIS: Thank you, Mr. Mayor. You know, this is another headscratcher to me.
Good public policy would dictate that the Town of Fountain Hills would want their
council to go to meetings, to go to MAG meetings, just -- just to list a few. I know
there's five major board meetings.
I'm on the Public Safety, Military Affairs, and the Courts for the Arizona League of Cities
and Towns. I'm on the Budget, Finance, Economic Development Committee for the
Arizona Leagues and Cities and Towns [sic], Domestic Violence Council for the Maricopa
Association of Governments, Human Services and Community Initiatives for Maricopa
Association of Governments. You can see where this is going.
I think the other three major ones, Peggy sits on. And so of all the councilmembers up
here, we're the only ones that are sitting on these boards that might require travel,
might require lunches.
Once again, it seems like we're being singled out for doing a good job. Why wouldn't
be -- why -- what company in America would say that all their employees are going to
have to pay their own freight to -- for continuing education or to represent the company
or the town or the state or the government they work for?
Once again, this seems punitive in nature. It's designed just for town council members.
There's been no allegation of abuse. So why would we not be encouraging our public
officials to meet with other public officials and get smarter, so we can do a better job?
You know, I just wish somebody would explain this to me because this doesn't make
sense. What is the policy behind denying this council mileage or a lunch? Can anybody
explain that to me?
Gerry, can you explain that to me? I don't understand the policy behind this.
MAYOR FRIEDEL: Are we --
KALIVIANAKIS: Is it to build the roads? Is it --
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MAYOR FRIEDEL: -- denying --
KALIVIANAKIS: -- to build the roads?
MAYOR FRIEDEL: Are we denying mileage?
KALIVIANAKIS: Yes.
MCMAHON: Yes.
MAYOR FRIEDEL: There's town cars that are available if you need a car.
KALIVIANAKIS: Are they available?
GOODWIN: They are available to you.
UNIDENTIFIED SPEAKER: They're in the --
KALIVIANAKIS: Well, that's good to know. Do they have boxed lunches, too?
[LAUGHTER]
MAYOR FRIEDEL: Well, yeah. We leave them in the car overnight.
KALIVIANAKIS: Anyway, I just -- I just think this is just another poke in the eye to
common sense. And it's just unfortunate that meeting after meeting after meeting, we
have to talk about nonsense.
UNIDENTIFIED SPEAKER: Agreed.
UNIDENTIFIED SPEAKER: Nobody asked you.
MAYOR FRIEDEL: Vice Mayor?
LARRABEE: I started out where I was actually going to argue about this and why I feel
it's necessary, but now I have more of a general statement to make, which I find it very
interesting the fervor with which the government will come and put policies around you
and limit you, but the moment that it is introduced to limit government, apparently,
they're being accused of fraud or abuse or their needs to be some crime that's been
committed in order for us to enact a policy that we did not have in town. And I just find
it interesting that that is not the same standard set when it comes to limiting you.
So as far as this travel policy goes, for more than 50 miles, that seems completely fair to
me. That's in line with many other companies. Inside of 50 miles, that's my drive every
day. I mean, I don't know. I don't see why there's so much anger among my fellow
councilmembers over something that limits government, which I, for one, enjoy.
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KALIVIANAKIS: Could the town manager -- could -- could you just weigh in on that? Are
we getting some kind of special exceptions here that the staff is not?
UNIDENTIFIED SPEAKER: Point of order, you weren't recognized.
MAYOR FRIEDEL: Yeah. Can we go in order, Councilwoman?
MCMAHON: I'm okay with letting Brenda go first and have that answered, and then I'll
talk, you know?
KALIVIANAKIS: Thank you.
GOODWIN: So remember, this is an initiative that was requested by this body, or by a
majority from this body. The staff don't have a stake in this. So I want to make that
clear, that we brought forth what was requested and what was asked for. And it reflects
the discussion that was had around it. So at the end of the day, this is a decision of the
body to set parameters or policy around the travel procedures that you guys would like
to follow.
That being said, it is modeled after what staff does. The staff conversation around the
50 miles really focuses around the fact that a number of our staff serve on -- they serve
on panels, they serve on discussions. They are volunteers a lot of times for local
conferences. They travel. So they have those recommendations.
We've talked about when and how that makes, you know, sense for those to stay. I can
speak from experience that, when you have to be down at the conference center in
downtown Phoenix, and you're volunteering and you're there at 6 a.m. to help set up
and move tables and haul stuff, yeah, I mean, it -- it -- it is a -- it is -- it is a process, and it
can be wearing.
That being said, this council can decide how they would like to manage their travel
procedures and under what policy they'd like to operate. So again, I don't have a stake
in this and where you guys want to go with it.
KALIVIANAKIS: Well, I guess my question, then, to be more pointed --
GOODWIN: Uh-huh.
KALIVIANAKIS: -- would be that, if, like, a town car wasn't available and a staffer had to
go 38 miles to downtown to a mandatory meeting, would they be eligible for
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reimbursement for their mileage?
GOODWIN: Currently, yes. But there has to -- they -- the staff vehicle process would be
that would be preferred and that would be --
KALIVIANAKIS: First.
GOODWIN: -- priority one. Uh-huh.
KALIVIANAKIS: Uh-huh. That they would be eligible?
GOODWIN: Uh-huh.
KALIVIANAKIS: Yeah.
MAYOR FRIEDEL: Councilwoman?
MCMAHON: Thank you. I disagree with Vice Mayor Larrabee and her political -- making
this a political issue. It isn't. It's a reimbursement and travel issue. And you know, for
those of us that do go downtown and do serve on committees and boards, et cetera, it's
important that we do that and that we do get reasonable reimbursement for the wear
and tear on our cars. And you know, oftentimes when I go to board meetings and stuff,
lunch is included, so I, you know, do my best to not over, you know, request mileage
and things like that.
I think this would hinder our ability to, you know, perform our job duties, like I said. And
I -- I -- I don't agree with it. I really, really don't. I mean, 25 miles, you know? But again,
it -- it's not our fault that Fountain Hills is in the location that it is and -- and you know,
downtown is 30 miles or so away, you know?
I don't agree with it, and again, I think it hinders us in carrying out our duties and, you
know, connecting with other communities and their elected officials and people that
shape, you know, Maricopa County and our town. Thank you.
MAYOR FRIEDEL: Councilman Watts?
WATTS: I agree with Councilmember McMahon. In my personal experience, several
businesses always had a travel policy, but always had a reasonable policy anytime that
somebody had to use their own vehicle.
My recollection of the meeting that we had last time was 25 miles one way, 50 miles
aggregate. That's why we could include GPEC, for instance. Arizona League of Cities is
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another one we talked about, the one-off scenarios where we had -- the -- the benefit
that we derive by interacting with other towns and so on.
I think that we got rid of our lobbyist and saved an enormous amount of money. And
now, all of a sudden, I'm not incented to go downtown, and I'm fundamentally a
cheapskate. So I don't know that I'm going to do that. And that's unfortunate, but my
recollection is completely different. I want to participate, but I think this is punitive on
the council. I do not agree with it.
Every business that I've been involved with has had mileage. They've had
reimbursement for a reasonable thing. If there has not been any violations and any
infractions, so to speak, abuses of the system, then what in the world are we doing?
GOODWIN: Mayor, if I may? We are certainly welcome to -- to amend, change -- again,
this is a discussion that we're just simply sort of taking direction on. So if we'd like to
amend it to -- if -- if the motion is to amend and redefine the definitions, redefine the
mileage, remove, add -- whatever you'd like to do is -- is absolutely fine. This is just a
draft before you, and we can certainly take any direction you'd like to make on that.
WATTS: It in --
MAYOR FRIEDEL: I -- oh, I'm sorry.
WATTS: Go ahead.
MAYOR FRIEDEL: I was going to throw out something else. We could follow the state's
guidelines, too. Take the onus off the town staff and follow what the State of Arizona
does. If you wanted to take a look at that, that would be something we could -- we
could consider, too.
I don't know how in depth they get, but I was going to say, we -- we could -- we could --
could do an amendment, if a town car isn't available, that mileage is allowed. I mean, so
that way, you have -- you have it covered either way, if -- if people would be amenable
to that.
WATTS: We could also let things be the way they are.
MAYOR FRIEDEL: That's true.
MCMAHON: Yeah. Yeah.
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WATTS: There haven't been any abuses. There's been good oversight by town
manager. There have been oversight -- one of the most fastidious accountants in the
world is going to make sure nobody does anything nefarious. Then, why do we have to
change the policy that benefits the Town, particularly in light of eliminating -- those
points of contact are invaluable. When we have meetings with people and we talk to
people, we understand what's going on. And if they can't accommodate a particular
business, let's say, then maybe we can. And we won't know because we won't want to
participate.
So I don't see any point in -- in changing it, particularly when it's this aggressive. I'd just
as soon -- if there hasn't been a motion, I would move to leave the way we're doing
things today, the oversight that we've got today, the way it is, and rely on the prudence
of the councilmembers.
LARRABEE: There is already a motion --
KALIVIANAKIS: I second that motion.
LARRABEE: -- on the table.
WATTS: Okay. Well, I think --
LARRABEE: Point of order, there was --
WATTS: Oh, sorry.
LARRABEE: -- already a motion, but --
KALIVIANAKIS: Yes. Yes, and a second.
UNIDENTIFIED SPEAKER: Pardon me?
EARLE: What are we looking -- I would be willing to amend it. I don't know what
we're --
MAYOR FRIEDEL: What's your amendment?
EARLE: Make it 25 miles one way.
UNIDENTIFIED SPEAKER: What about overnight stay? What about the travel for --
EARLE: Same thing, 25 miles. Anything more than 25 miles, it's reimbursed.
WATTS: So that eliminates the Arizona League of Cities this -- this fall.
EARLE: Oh, in August?
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WATTS: Yeah.
MAYOR FRIEDEL: Make it effective --
EARLE: Yeah. That's only --
MAYOR FRIEDEL: -- next year.
EARLE: -- a 25 minute drive.
WATTS: Right.
EARLE: So that would eliminate that -- the one in August. Yeah.
WATTS: Uh-huh.
EARLE: I don't know when this would go into effect.
MAYOR FRIEDEL: We'll make it go into effect --
EARLE: But it wouldn't eliminate --
MAYOR FRIEDEL: -- January 1.
KALIVIANAKIS: Well, is there a second for the amendment?
MAYOR FRIEDEL: Well, we don't have the amendment quite done, do we?
EARLE: Oh. My amendment was just to change the 50-mile limit to a 25-minute -- 25-
mile limit --
MAYOR FRIEDEL: And when do --
EARLE: -- one way.
MAYOR FRIEDEL: When do you want to have the effective date?
EARLE: When was this one going to effect?
UNIDENTIFIED SPEAKER: Now, if we vote, it will go into effect immediately.
MAYOR FRIEDEL: If you don't put a date in there. Why don't we have it -- why don't we
have it go into effect January 1?
WATTS: Then what do we do next year, revisit it?
EARLE: I'm okay making it go into effect now. So we can vote on that. If you don't like
it, say no.
WATTS: Okay.
UNIDENTIFIED SPEAKER: Why don't we --
KALIVIANAKIS: Don't we have a motion and a second and then an amendment? Is
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that --
UNIDENTIFIED SPEAKER: Yeah. We would have to have a second for the amendment.
You'd vote on the amendment.
UNIDENTIFIED SPEAKER: Yeah.
UNIDENTIFIED SPEAKER: Then, if it passes, then you would vote on the motion as
amended. If the amendment fails, you vote on the motion as it was initially presented.
MAYOR FRIEDEL: Okay. Will you restate your amendment, Gayle?
EARLE: My amendment is that we reduced it to 25 miles one way for lodging and travel
and make it effective immediately.
MCMAHON: I have a question. Rachael, when we talked about this before, the League
and everything is already planned, we already have reservations, it's already in the
budget?
GOODWIN: Correct.
MCMAHON: So I don't see -- if this passes or the amendment passes, I -- I don't really
see the necessity of doing it right away. We already have plans to attend the League,
and we've already made commitments. And I think those commitments are really
important. The League is one conference that we go to a year, regardless of where it is,
and it's very, very important. You know, they have mayor's council meeting there, et
cetera. We serve on League subcommittees.
Again, if this is going to pass, I -- you know, maybe do in a motion that would exclude
the League conference from -- from it, you know, so that we could attend that. You
know, we've discussed this. It's important for us to be able to spend the night down
there. You know, things start at 6, 6:30 in the morning, you know, for staff, too.
So I'm not for approving it as it stands, nor having it be effective right away given that
we already have plans for the League. And I don't think that should be taken away from
us at all.
LARRABEE: Can I have a point of clarification? Town Manager -- sorry.
UNIDENTIFIED SPEAKER: Go ahead.
LARRABEE: Okay. Town Manager, do we currently have any travel policy for council?
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GOODWIN: There's been no adopted policy for council. Typically, we have mirrored the
staff policy. However, there is -- however, we have essentially abided by -- on a good
faith process, essentially.
LARRABEE: Okay. Thank you.
EARLE: Do I have a second?
MCMAHON: Can I amend that? If you do the 25 miles, I would -- and we can add, and
exclude the AZ League of Cities and Town Annual Conference.
KALIVIANAKIS: (Indiscernible) excuse me, but we're -- we're -- we're doing the -- the
Watts motion, which was --
MCMAHON: Oh, I'm sorry.
KALIVIANAKIS: Yeah. It's just the disregard policies.
MCMAHON: Okay.
LARRABEE: No. That's not --
KALIVIANAKIS: Isn't that what you said?
LARRABEE: -- the motion on the table.
MCMAHON: No. We have to hear her amendment first.
UNIDENTIFIED SPEAKER: Well, (indiscernible) second.
WATTS: She didn't have a second.
UNIDENTIFIED SPEAKER: Right.
WATTS: Now, we go back to the original --
KALIVIANAKIS: Yeah.
WATTS: -- proposal --
KALIVIANAKIS: Exactly.
WATTS: -- which was --
LARRABEE: You're not crossing any lines.
[CROSS TALK]
WATTS: No. We're going back to the original motion.
KALIVIANAKIS: Okay.
MCMAHON: Okay. But wait a minute because I'm still talking --
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[CROSS TALK]
MCMAHON: -- about, you know, her seconding that, but yet have it exclude the annual
AZ League, and so that we're allowed to go there and have it shortened down to 20 or
25 miles. No? Would you be okay with that, Rick? I mean, I know. I'm not really --
WATTS: No.
MCMAHON: Okay.
WATTS: No, I wouldn't. I think if you don't, we're going to go back to the original.
MCMAHON: Yeah. I don't.
WATTS: Or we have (indiscernible). And then, we have an opportunity to make another
motion again, after that.
UNIDENTIFIED SPEAKER: You mean another amendment?
WATTS: Another amendment. Yeah.
MCMAHON: Okay. So what we're going to do is vote on the original motion or no?
UNIDENTIFIED SPEAKER: That's the only motion on the table right now. Yeah.
Someone else can make the motion to amend it and get a second. That's a possibility.
MCMAHON: Rick, what do you think?
WATTS: Can you amend it by eliminating it?
[LAUGHTER]
UNIDENTIFIED SPEAKER: (Indiscernible).
UNIDENTIFIED SPEAKER: Eliminate the entire policy?
WATTS: Well, there's so much here -- so much more here than what I anticipated.
MCMAHON: Uh-huh.
WATTS: And it's so much more aggressive than I thought that we had the conversations
about that I think it needs more work before we actually look at it seriously, and I think
we still ought to go back to the original -- what I thought was 25 miles in one direction
for mileage and that there were exceptions like the -- the -- the meetings, like the
Arizona League of Cities. And I really would ask the councilmembers to look and say, we
eliminated the lobbyist, what benefit did we get? And I'd guarantee you we don't come
close to spending the amount of money on travel that the lobbyist cost.
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So what benefit do we get? It's a huge benefit to be able to interact with other cities,
other leaders.
MAYOR FRIEDEL: Why don't we table it then, and have some more --
WATTS: I think that's a good idea.
MAYOR FRIEDEL: We'll have some more -- have some more work done on it.
WATTS: Okay.
MCMAHON: I'd agree with that, tabling it.
KALIVIANAKIS: I make a motion to table.
LARRABEE: We need a vote --
MCMAHON: Second.
LARRABEE: -- on the original motion.
UNIDENTIFIED SPEAKER: No. If someone moves to table --
SKILLICORN: Table does not -- table does not come before an original motion. An
amendment would, but a table does not.
KALIVIANAKIS: Table comes before original motion.
UNIDENTIFIED SPEAKER: No. There could be a motion to table. It's a subsidiary motion.
MCMAHON: There is.
UNIDENTIFIED SPEAKER: And there's been no discussion on it (indiscernible).
WATTS: Then, I move to table.
KALIVIANAKIS: I think I moved.
WATTS: Oh, you did?
MCMAHON: Yeah.
WATTS: Then, I second.
KALIVIANAKIS: Can we get a vote?
SKILLICORN: I'd still like to discuss this.
MAYOR FRIEDEL: Councilman Skillicorn.
SKILLICORN: So I want to point out there's a significant difference in employees and
elected officials. Employees have a job to perform, and they might have required duties
that might -- they perform them someplace other than Town Hall. And they would have
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the option of using a vehicle. They have an option of, you know, being reimbursed for
their own vehicle, which it only makes sense. But they're not elected officials.
You know, we do this by choice. We're volunteers, effectively. And when the Town
approved giving us stipends, the monthly stipend, the intent of that was to replace the
reimbursements and the travel and the things like that. So to get this monthly stipend
plus get travel expenses, plus free stays in fancy hotels, that is double-dipping on the
taxpayer dime. And all the complaining I hear about this is -- is -- is ridiculous.
You know, we get a stipend. Do we really need to have a reimbursement, especially
when there's town vehicles available, because we don't want to drive a white truck?
That's a inconvenience that we -- we have to have -- be reimbursed for driving our own
vehicle? I think that that is -- just loses the -- just loses to what the people in our town
expect us to do.
We're volunteers. We work for them. We get a stipend. We should be happy with it. If
you're not happy with the stipend and you want to stay in fancy hotels, maybe this isn't
the thing for you.
[LAUGHTER]
MCMAHON: Oh, my God.
UNIDENTIFIED SPEAKER: So just to point out, Mayor and Council, Robert's --
UNIDENTIFIED SPEAKER: There you go.
UNIDENTIFIED SPEAKER: -- per Robert's Rules of Order, once a motion to table is made,
there is not supposed to be any additional discussion on the --
MCMAHON: Thank you.
UNIDENTIFIED SPEAKER: -- underlying substantive motion. There should just be a vote.
Again, it's discretionary, but I'm just pointing that out.
MCMAHON: So the motion we're considering is a motion to table right now? Okay.
Thank you.
MAYOR FRIEDEL: Let's vote.
BENDER: Councilmember McMahon?
MCMAHON: Yes, to table it.
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BENDER: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts?
WATTS: Aye.
BENDER: Councilmember Skillicorn?
SKILLICORN: Lots of double-dippers up here. No.
BENDER: Councilmember Earle?
MCMAHON: Oh, brother.
BENDER: Councilmember Earle?
EARLE: When is it tabled until?
UNIDENTIFIED SPEAKER: Forever.
MCMAHON: Until we decide --
LARRABEE: The motion was indefinite.
UNIDENTIFIED SPEAKER: Mayor and Councilwoman, when you table an item, per
Robert's Rules, it comes back as one of the first items on the very next agenda.
MCMAHON: Oh.
EARLE: Okay. Then, yes.
BENDER: Vice Mayor Larrabee?
LARRABEE: No.
BENDER: And Mayor Friedel?
MAYOR FRIEDEL: Yes.
BENDER: Mayor, 5 to 2.
MAYOR FRIEDEL: Thank you.
H. I see, Paul, you're ready and raring to go. Staff and pay -- staff and elected officials
pay adjustment process.
SOLDINGER: Thank you, Mayor, Vice Mayor, and Council. Similar to the last agenda
item, this item was requested and directed by council to -- to bring back for a formal
discussion. Council directed the staff at the May 6 meeting to bring this forth as
discussion.
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So previously, prior to fiscal year '24's budget process, town staff included a cost-of-
living adjustment by the tentative budget presented to mayor and council. About three
years ago, fiscal year '24's budget process, we started presenting data points. That's
grown a bit in the past three years. And as you know, at the April budget workshop, we
presented the nine data points on your screen for consideration.
And so we're presenting that again today just for further discussion, as well as that,
discussion on council stipends. As we've talked about in previous meetings, the council
stipend's been placed at the same amount -- the mayor and council stipends have been
placed at the same amount since July of 2000.
Council and mayor stipend amounts may be adjusted via resolution in accordance with
statute and town code. So with that, these are the data points that we had. And we're
here for discussion today.
I also have Dave Trimble somewhere around, and he -- he helps with this process of
compiling these data points, so he may be answering questions as needed, as well.
MAYOR FRIEDEL: Councilwoman McMahon?
MCMAHON: Oh, I'm sorry.
MAYOR FRIEDEL: Oh, okay.
Councilman Skillicorn?
SKILLICORN: Thank you, Mr. Mayor. I asked to put this on the agenda because I've been
thinking about that -- you know, the CPI adjustment for staff every year. And I'd like to
consolidate that and make that, like, an automatic approval instead of coming back to
council and making it this thing, oh, last minute, we need to talk about this. I would like
to give staff some certainty on that.
I would like to personally stick with the CPI number. I know there's a bunch here, but
you know, frankly, some years CPI's going to be better, some days, CPI's going to be
worse. I think it averages out over time. I like to give people a certainty of that. But I
also think that we should probably have a sunset of five years on that, just in case, you
know, there's a significant economic change or, you know, something changes in our
town. Probably not. Probably what I expect is that people -- you know, the next council
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will just approve that five years from now and keep it going.
But I would like to exclude councilmembers, elected officials, from that. You know, I -- I
think the current stipend is sufficient, you know, especially when we're, you know,
basically getting free stuff, you know, from other things, too.
So I'd like to make a motion to -- to give staff an automatic CPI adjustment every year
for the next five years, but only staff, not elected officials.
KALIVIANAKIS: That's not in our agenda.
UNIDENTIFIED SPEAKER: What?
KALIVIANAKIS: That's not in the agenda tonight, is it?
GOODWIN: So I think this is for discussion. And so what we would do is we would take
the direction and bring it back --
SKILLICORN: Well --
GOODWIN: -- for formal adoption.
SKILLICORN: -- I would like to push back on that because we had a discussion about this,
and I specifically asked it be agendized. And you know, I mean, we can -- it says increase
process. I believe we can -- we can approve an increase process -- process tonight.
GOODWIN: If I'm wrong, please correct me so I'm -- before I'm -- the way it's agendized
is discussion and possible direction. There's no action agendized. So it would need to
come back for formal adoption. But again, that's what we're here to find out and then
take that direction and come bring it back.
SKILLICORN: Then motion to table.
GOODWIN: So you don't want to give direction for us to bring it back for adoption?
EARLE: That would be the next --
SKILLICORN: Mr. --
GOODWIN: It would come back --
SKILLICORN: Mr. Mayor --
GOODWIN: -- exactly as it is, though.
SKILLICORN: -- Town Manager, you know, we already had this discussion. The direction
was clear.
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MAYOR FRIEDEL: I'm going to weigh in here.
Gayle, you had brought to the council a proposed increase for councilmembers effective
the next election. What is your thought about having an CPI index for the
councilmembers, as well, starting at the next election?
EARLE: I would like to actually -- what was the word Rick used, equalize it first, and then
if we did go forward, do the same thing and we'd never --
MAYOR FRIEDEL: Well --
SKILLICORN: Normalize.
EARLE: -- have to ask again. But that would be --
SKILLICORN: Normalize.
EARLE: Normalize it. Normalize it. And then -- then go to this adjustment.
MAYOR FRIEDEL: Right.
EARLE: But I think that's something that -- if he says we table it, this can be brought
back in September to talk -- there's nothing --
MAYOR FRIEDEL: Yeah.
EARLE: -- nothing big happening now.
GOODWIN: If we table it, it comes back right as it -- just as it is written.
MAYOR FRIEDEL: Oh.
EARLE: Oh.
GOODWIN: And again, we wouldn't take --
MAYOR FRIEDEL: Yeah.
GOODWIN: -- action.
EARLE: Okay. Well --
GOODWIN: So just to chime in, the -- you know, our legal guidance here, too, is that it
needs to be adopted by resolution, and that's part of this process. So ideally, we'll take
whatever direction --
SKILLICORN: No.
GOODWIN: -- you'd like to take today --
EARLE: Council's resolution, but it is for -- for you guys?
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GOODWIN: It's staff's, as well. So we adopt the --
EARLE: Oh. Oh, I see.
GOODWIN: -- budget by --
EARLE: Okay.
GOODWIN: -- resolution.
EARLE: Okay. I see.
GOODWIN: This should be adopted as a -- as a --
EARLE: Okay.
GOODWIN: -- supplement to the budget process. Ideally, what happens is we get the
direction tonight. If it's the CPI, that's great. If it's a different indicator -- and I think
that's where some of the discrepancy from the staff was. We heard that you wanted to
use a data point, but we were unclear as to which one or if there was consensus on that.
So I'd like to get consensus from everybody. We will bring it back via a resolution at the
first meeting in September so that we can adopt it, formalize it, and use it as part of
next year's budget process.
MAYOR FRIEDEL: Councilwoman Earle, were you looking for some sort of an
adjustment, a one-time adjustment, to the councilmembers and then hooked to the
CPI?
EARLE: Yes.
MAYOR FRIEDEL: Okay.
EARLE: But there's no rush for that, I don't think. We have time. If that doesn't go into
effect until the next -- the new council is seated.
MAYOR FRIEDEL: But if we're going to give some direction tonight to staff, we should do
that, right?
GOODWIN: So arguably, I know that seems like a long time away, but --
EARLE: Oh, okay.
GOODWIN: -- there will be an election, you know, next August?
EARLE: Right. Or July of --
GOODWIN: July. July.
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EARLE: Yeah.
GOODWIN: So that, you know, if we want to make that process clear now before
anybody declares as a candidate. And that way, there's -- you know, again, everybody
kind of goes in with eyes wide open. It's not a bad --
EARLE: All right.
GOODWIN -- thing necessarily.
EARLE: Okay.
GOODWIN: But to your point, there is not necessarily a rush, but it's a --
EARLE: Okay.
GOODWIN: If we can -- if we can --
EARLE: Understood.
GOODWIN: -- put it all together as a package, that's always fine, too.
EARLE: Are you saying to do that tonight, or you mean, like, in September?
GOODWIN: In September, when we bring it --
EARLE: Yeah.
GOODWIN: -- all back.
UNIDENTIFIED SPEAKER: September, I would --
GOODWIN: So to be clear, I'd like to make sure that I understand what you would like
to see back when we come back in September.
EARLE: I would like to see that in September.
MAYOR FRIEDEL: Councilman Watts?
WATTS: So I'm all for, at some point, getting a CPI increase to staff in total. What I'm
against is a unilateral CPI increase to the underperformers and the overperformers. My
suggestion is you have the CPI against the entire staff budget. You provide MBOs to the
staff departments. And you manage it like the private sector does, which is you reward
some more than others and -- and you -- and you do an evaluation, like a review that
you would do.
This unilateral -- everybody gets two and a half, three percent, whatever that number is,
doesn't work for me.
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GOODWIN: I'm going to push back just a little bit on that --
WATTS: Okay.
GOODWIN: -- in that there -- that deserves far more conversation than we're prepared
to have tonight --
WATTS: Absolutely.
GOODWIN: -- because that is a huge deviation, and it is a -- a significant administrative
conversation.
WATTS: I don't disagree with that. I'm just --
MAYOR FRIEDEL: And I also think that you have town staff that manage the people and
know -- if they're not performing, they're not going to -- they're not going to be here.
I'm not threatening anybody, so don't --
WATTS: But they still get the --
MAYOR FRIEDEL: -- take that the wrong way.
WATTS: -- two and a half percent.
UNIDENTIFIED SPEAKER: No, you can't.
MAYOR FRIEDEL: But I think the staff does a good job of managing their people, and
they --
GOODWIN: It's also a cost-of-living. It's not a --
MAYOR FRIEDEL: Yeah. It's a cost-of-living. It's not merit. And to change that and have
a merit, I mean, that opens up a whole --
GOODWIN: Uh-huh.
MAYOR FRIEDEL: -- new responsibility, which we've never done.
WATTS: From that perspective, I understand it's cost of living, but I would also increase
it maybe a five percent from a budget perspective. So I increase the value to be able to
reward those, and I kind of normalize things.
But you're right. It's a much deeper conversation than what we're able to have tonight.
So I didn't hear a second for the tabling. Are we going to table or not?
MAYOR FRIEDEL: We're having conversation.
WATTS: We're working on it.
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MAYOR FRIEDEL: Councilwoman?
KALIVIANAKIS: Yeah. There's no second. Thank you, Mr. Mayor.
My question was -- is -- has the ship sailed on revisiting the FY 2026 --
BENDER: Yes.
KALIVIANAKIS: -- 2.5?
BENDER: Yes.
KALIVIANAKIS: That ship has sailed? Okay.
MAYOR FRIEDEL: Yeah. The budget was adopted?
KALIVIANAKIS: So this is just --
GOODWIN: It's adopted.
KALIVIANAKIS: This is just going forward, then?
GOODWIN: Correct.
KALIVIANAKIS: Okay. Thank you.
SOLDINGER: If I could just add, I know it -- at the risk of rocking the boat a little bit. I
know it's a cost-of-living adjustment, and I -- I hear your points loud and clear. But when
we looked at the data points, when Dave Trimble and I did look at them, we would
recommend considering a bit of a blended model. Maybe considering a few of the data
points.
Because when you look at the CPI increases, yes, one -- one year, it went way up. One --
and then, the other two years, they were lower. Yes, it's got cost-of-living adjustment,
but it doesn't consider employment factors. We're also competing with other local
governments for employment, and -- so that -- that's my humble suggestion, that it at
least considers some of the other -- blending the other employment factors into that, or
at least have a conversation about it.
So the two that we kind of looked at together was that second one, the employment
cost index for state and local government workers -- we also -- the last one, we also
pulled together a survey of other municipalities. That one's a challenge because we're
just manually reaching out to other municipalities and getting 15 to 20, as many that will
respond. And the thing about that is, it changes through the budget process, depending
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on what council decides. But it is a relevant factor for us in our conversations.
The other kind of option is the League puts out a salary survey every year for local
municipalities. The only problem with that one is it's a year in arrears. It's looking at the
last year. So it may not be as relevant.
So just for the sake of this conversation and taking the opportunity, we would
appreciate you considering some of those factors.
MAYOR FRIEDEL: Vice Mayor?
LARRABEE: Thank you, Paul, for that suggestion. And if it is okay when we do bring this
back, my direction would be I'd -- I'd like to see both options. Your proposed blended
formula considering employment factors would be helpful in deciding what we do. I
also want to add to my direction that I agree with Councilmember Skillicorn that, you
know, if we're not putting boundaries on ourselves and how we spend town money, I -- I
don't agree with tying that at this time.
However, since we'll be putting this toward the next meeting, by the time we're talking
about it, we'll have solved the previous agenda item, so it might solve itself.
MCMAHON: Thank you. I'm trying to understand this whole thing, frankly. Okay? And
correct me if I'm wrong. What we're looking for is a basis to do the staff and council pay
adjustments so that you guys have some basis to go from and in -- and we can increase
that or not, but you guys have a basic number in order to plan and budget accordingly.
Is that what this is about, or -- in -- in the simplest form, okay? Yeah.
UNIDENTIFIED SPEAKER: Uh-huh.
MCMAHON: You know, we're not going to be meeting for the rest of the summer, so to
have this come back in September, you know, I'm for doing that, but I'm going to ask the
mayor -- and this is not to not be transparent or anything -- you know, is there a
potential e-session (ph.) meeting to discuss it or anything like that, or -- you know,
because I would like to have a little bit more information, you know, before it comes
back as an agenda item. And I would, you know -- and you know, to understand it
better and to have a more educated discussion.
UNIDENTIFIED SPEAKER: That's not an e-session.
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GOODWIN: I don't know that it qualifies as an e-session, as --
UNIDENTIFIED SPEAKER: Yeah.
GOODWIN: -- a viable -- but we can certainly schedule a work -- a work session if that
makes more sense.
MCMAHON: A work session?
GOODWIN: Uh-huh.
MCMAHON: I'd like that.
GOODWIN: Sure. We can do that.
SOLDINGER: And just to touch on one more thing. It kind of relates to something
Councilmember Skillicorn mentioned. If council decide, we could set it in stone, or it
could be a little bit flexible. We could do this analysis, put a number in the proposed
budget, and still have the discussion. But rather than you having to discuss it, we put it
there, and then that's just a starting point for council to make that determination. And
we can present the data points as such, rather than have to, honestly, put you in that
situation to have to discuss it. So there's options available with this.
GOODWIN: Okay. So what I'm hearing from -- just to sort of stay on track here is --
ideally, I think these should probably be two separate items when we bring them back in
September, one specific to the staff process and one specific to the stipend and council
relation. Does that make -- so we'll separate the two. We'll bring them back. Although,
they are related, obviously, but they -- they're sort of viewed differently, and we'll adopt
them separately.
We'll bring back a proposed blended version, as well as other options for that adoption
process. Anything we bring back that's related to council would be relevant to the next
elected body, just to be clear; is that right?
What else have I missed? Any other changes, other thoughts that I want -- that you
want to see when we bring -- come back?
MCMAHON: A work session.
GOODWIN: Oh, and a --
UNIDENTIFIED SPEAKER: Oh, that's right. Work session
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GOODWIN: Yes. Okay.
UNIDENTIFIED SPEAKER: What's a work --
UNIDENTIFIED SPEAKER: This is just discussion like that.
GOODWIN: All right. So that's the direction I have noted unless I'm -- there's anything
I'm missing.
MAYOR FRIEDEL: No. You're good.
GOODWIN: Okay. Thank you.
MAYOR FRIEDEL: Thank you, Paul.
And now we're on council discussion and direction to the town manager, as -- as if we
haven't given you enough.
EARLE: Is this where -- okay.
MAYOR FRIEDEL: Do you have something, Councilwoman?
EARLE: Yes. So I think I have this at the right -- something for a future agenda item?
MAYOR FRIEDEL: No. That's not yet.
EARLE: Okay.
GOODWIN: So if I can chime in, I -- I did take some direction from our public comments.
I noticed that Ms. Elder (ph.) had comments about the community center and some of
the policies there. So we'll get council an update on that. And then, you guys --
And I believe we were planning to bring back some further discussion in the fall
regarding the community center, as well.
MAYOR FRIEDEL: Right. We --
GOODWIN: Okay.
MAYOR FRIEDEL: We had talked about that. Yeah.
GOODWIN: Okay. So I have that noted.
WATTS: Along the lines of the comments about Ms. Elder as far as the fees.
GOODWIN: Uh-huh.
WATTS: Maybe looking at an annual fee, much like a membership fee, that -- maybe
that would help to mitigate some of the costs.
GOODWIN: Sure. I think what I'd like to do is get you guys some background on where
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we're at right now, particularly with the catering and what she was mentioning, because
it kind of goes to the broader conversation of some of our bigger policies with the
community center and some of the difficulties we've been navigating over there.
UNIDENTIFIED SPEAKER: Another work session?
GOODWIN: And perhaps it will lead to a work session, as well.
MAYOR FRIEDEL: Okay. We'll move on to future agenda items.
Councilwoman Earle?
EARLE: Yes. I would like -- I heard there was a verbal promise to make no zoning
waivers without council approval. If that's there, is there -- was there a promise to that?
If not, I would like to request at the next meeting agenda item for a moratorium against
zoning waivers without council approval for the next 12 months.
SKILLICORN: I would second that.
LARRABEE: I'll third it.
MAYOR FRIEDEL: Councilman Watts?
WATTS: I think this probably pertained to the previous item, but this is more along the
lines of -- and I'm really glad that Kevin's still here. One of his favorite topics, ADOG.
ADOG has approached about their lack of ability to manage dogs in the park. And
they've offered to set up some sort of -- and I have no idea how to do this, but it -- it --
it's a thought -- some sort of authority that they can have over access and some
membership fee, possibly, where the members show a card, they get in. If you have an
unneutered dog, you don't get in. Big dogs go to their side. Small dogs go to the other
side -- so they have some sort of an empowerment.
And I'm not sure how to accomplish that, but I thought there's been so much turmoil
at -- and they want to -- they want to assume the responsibility, is what they've told me.
So maybe we can talk about a way to do that.
MAYOR FRIEDEL: Okay.
UNIDENTIFIED SPEAKER: (Indiscernible).
WATTS: I don't know.
UNIDENTIFIED SPEAKER: All right. I'm trying to -- trying to --
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SKILLICORN: I would be -- I mean, I'd care about how it's done --
WATTS: Right.
SKILLICORN: -- right? Because I think we all -- we already pay for the park and things
like that. I don't want, like, a fee or something. But I am very curious to see them have
some control. So I would -- I support a agenda item.
WATTS: Thank you.
LARRABEE: Ditto. I'll third it.
WATTS: Thanks. I discussed it too much.
GOODWIN: Yes. Just a little bit of a point of clarification before we wrap up. I know
it's -- it's late. We just missed your 9 o'clock deadline. As we add these items for, you
know, future agenda, we're -- we are going to make it a point to bring them back for
discussion because we really don't have discussion up here, right? The idea is to have a
discussion and direction so that we can bring back whatever -- whatever the results are.
So I expect we will have an agenda item to discuss and receive direction, and then it'll
come back for further action after that point because that's really required, so we
know -- make sure we're getting you guys what you need, and so that the public can
participate in that process. So I just wanted to kind of put that point of clarification out
there. Okay.
MAYOR FRIEDEL: Councilman Skillicorn?
SKILLICORN: I'd also like to bring up a agenda item in the fall to amend our homeless
ordinance.
GOODWIN: Okay.
LARRABEE: Second.
MCMAHON: Third.
GOODWIN: All right. I don't either. Maybe that's what you're going to tell me.
MAYOR FRIEDEL: Can I get a motion to adjourn?
WATTS: Move to adjourn.
LARRABEE: Second.
MAYOR FRIEDEL: All in favor?
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GOODWIN: Aye.
UNIDENTIFIED SPEAKER: Aye.
MAYOR FRIEDEL: Thank you.
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TOWN OF FOUNTAIN HILLS
JUNE 17, 2025 TOWN COUNCIL MEETING MINUTES
HAVING NO FURTHER BUSINESS, MAYOR GERRY M. FRIEDEL ADJOURNED THE REGULAR
MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL HELD ON JUNE 17,2025, AT 9:07 P.M.
APPROVED:
____________________________________
GERRY FRIEDEL, MAYOR
ATTEST:
____________________________________
BEVELYN BENDER, TOWN CLERK
CERTIFICATION
I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF
THE MINUTES OF THE REGULAR TOWN COUNCIL MEETING OF THE TOWN COUNCIL,
FOUNTAIN HILLS, ARIZONA HELD ON JUNE 17, 2025. I FURTHER CERTIFY THAT THE
MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT.
________________________________
BEVELYN BENDER, TOWN CLERK
DATED this 2nd Day of September 2025.
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ITEM 8.b.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Public Works / Engineering
Prepared by: David Janover, Town Engineer
Staff Contact Information: Phone: 480-816-5112
Email: djanover@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2025-19, Abandoning an Existing
Access Easement Adjacent to 16607 N Paradox Drive and Authorizing Execution of a New Access
Easement Staff Summary (background)
On May 20, 2010, the Town Council approved Resolution 2010-10, which granted an access
easement to the owner of 16607 N Paradox Drive. This easement allowed the property
owner to cross over adjacent Town-owned wash property to reach the rear driveways
located at the northwest portion of the lot.
When the Town originally acquired ownership of the washes through the Special Warranty
Deed recorded March 31, 1997 (attached), the conveyance was made subject to "rights or
claims of parties in possession and easements or claims of easements not shown by public
records". This language encompassed the pre-existing use of the wash property by the
owner of 16607 N Paradox Drive to access the rear of that residential property.
Over time, vehicle use and related activity have resulted in disturbance extending beyond
the boundaries of the original easement. To resolve this issue and formalize current use
patterns, the Town is abandoning the existing easement and authorizing the execution of a
new easement that encompasses the entire area currently disturbed and regularly used for
access.
Related Ordinance, Policy or Guiding Principle
Resolution NO. 2001-33 Risk Analysis
N/A Recommendation(s) by Board(s) or Commission(s)
N/A Staff Recommendation(s)
Staff recommends adoption of Resolution 2025-19, abandoning an Access Easement
adjacent to 16607 N Paradox Drive and re-establishing the easement under a separate
instrument. Suggested Motion
MOVE to approve Resolution 2025-19.
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FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. VICINTY MAP
2. Aerial Photo Map
3. Resolution 2025-19
4. Grant of Access Easement
5. SPECIAL WARRANTY DEED FOR WASHES 19970208849-1
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VICINITY MAP
TOWN OF FOUNTAIN HILLS
NORTH
SCALE: 1" = 3500'
All that is Ar i z o n a
F O U N TAIN HIL
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TOWN HALL
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TOWN BOUNDARY
SCOTTSDALE
16607 N
Paradox Dr
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AERIAL PHOTO MAP
TOWN OF FOUNTAIN HILLS
GRANT OF ACCESS EASEMENT
LOT 59
NEW ACCESS
EASEMENT
P.O.B.
EASEMENT AREA: 14,298.56 SF
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RESOLUTION 2025-19
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA, ABANDONING AN EXISTING ACCESS EASEMENT GRANTED TO 16607 N
PARADOX DRIVE AND AUTHORIZING THE EXECUTION OF A NEW ACCESS EASEMENT.
WHEREAS, on May 20, 2010, the Town Council approved Resolution 2010-10, granting an access
easement over Town-owned property to the owner of 16607 N Paradox Drive for access to the rear
driveways located at the northwest portion of the property; and
WHEREAS, over time, use of the access route has extended beyond the original easement
boundaries, resulting in disturbance to adjacent Town property; and
WHEREAS, the Mayor and Council find it in the best interest of the Town to abandon the original
easement and authorize the execution of a new access easement that reflects the current area of use and
disturbance, to be accomplished through a separate instrument.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Fountain Hills,
Arizona, as follows:
SECTION 1. That the access easement granted pursuant to Resolution 2010-10 is hereby abandoned,
as more particularly described in Exhibit A attached hereto and incorporated herein by reference.
SECTION 2. That the Mayor, Town Manager, and Town Attorney are hereby authorized and directed to
prepare and execute a separate instrument granting a new access easement to the owner of 16607 N
Paradox Drive, covering the area currently disturbed and regularly used for access.
SECTION 3. That the Town Clerk is authorized and directed to attest to the execution of the necessary
documents and cause them to be recorded with the Maricopa County Recorder’s Office.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills
September 2, 2025.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Gerry Friedel, Mayor Bevelyn Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Town Manager Town Attorney
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WHEN RECORDED, RETURN TO:
Town of Fountain Hills
Attn: Town Engineer
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
GRANT OF ACCESS EASEMENT
This Grant of Easement is made this _____ day of ____________, 2025, by the Town of Fountain Hills,
an Arizona municipal corporation (“Grantor”), for the benefit of the public.
RECITALS
WHEREAS, the Grantor desires to grant a new access easement to replace a previously abandoned
easement (MCR #2010-0472073); and
WHEREAS, the new access easement is to be located over a portion of Parcel A (to Lot 59), Block 1,
as shown on Fountain Hills Final Plat No. 506-B, and as legally described in Exhibit A, and
graphically depicted in Exhibit B, both attached hereto and incorporated herein by reference.
NOW, THEREFORE, Grantor hereby:
1. Grants and conveys to the Grantee a perpetual, non-exclusive Access Easement over the
property described in Exhibit A for ingress and egress purposes.
2. This easement replaces the previously abandoned easement recorded under Maricopa County
Recorder #2010-0472073.
3. The rights granted hereunder shall run with the land and bind Grantor and its successors and
assigns.
IN WITNESS WHEREOF, the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, has
executed this Grant of Easement on the date first above written.
THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation
By: ___________________________________
Name: _Gerry Friedel_______________________________
Title: __ Mayor______________________________
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this _____ day of __________, 2025, by
____________________________, on behalf of the Town of Fountain Hills.
____________________________
Notary Public
My Commission Expires: ___________
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Exhibit A (Cont’d)
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ITEM 8.c.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Economic Development & Tourism
Prepared by: Amanda Jacobs, Economic Development Director
Staff Contact Information: Phone: 480-816-5104
Email: ajacobs@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Relating to direction given to staff in Executive
Session to proceed as discussed regarding the potential acquisition of downtown property. 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)
Staff recommends approval. Suggested Motion
MOVE TO APPROVE direction given to staff in the Executive Session to proceed as discussed
regarding the potential acquisition of downtown property.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
None
Meeting Packet Page 381 of 488
ITEM 9.a.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: Phone: 480-816-5138
Email: jwesley@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
PUBLIC HEARING, WITH CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 25-
02, amending the Fountain Hills Zoning Ordinance to add Chapter 27, Downtown Overlay
District. Staff Summary (background)
When Fountain Hills began development in the County as a master-planned community, a
"downtown" area was established with a unique platting pattern for the eight blocks on
both sides of the Avenue of the Fountains (Plat 208). The area was zoned C-2, which is a
typical, intermediate commercial zoning designation that allows a wide range of uses. The C-
2 district also typically has setback requirements for each lot, maximum lot coverage
requirements, and the requirement for on-site parking. These blocks included large parking
fields in the middle of the blocks and mostly small, 6,000 sq. ft. lots facing the streets.
The four blocks on the north side of Avenue of the Fountains included five lots over 10,800
sq. ft. in size; these were each around 40,000 sq. ft. As platted, contrary to the zoning
designation, the small lots were designed to allow 100% lot coverage and rely on the
common parking area to meet the parking requirements of the small individual lots. Board
of Adjustment variances were granted by the County to allow the buildings to be built
without the typical setbacks and on-site parking.
When the Town was incorporated in 1989, the Town adopted portions of the County zoning
ordinance for the initial Town zoning ordinance and maintained the C-2 zoning in the
downtown area. This zoning district, however, did not allow for the type of development
occurring on Plat 208. To address this, rather than continue to grant variances or establish a
new zoning district, in October 1992, the Town Council adopted an ordinance establishing
the Planned Shopping Plaza Overlay District for the area north the Avenue. This district
allowed the same uses as the underlying district but amended the development standards to
allow up to 100% lot coverage and use of the common parking lot for lots of 10,800 sq. ft. or
less. The larger lots ranged in size from 31,855 to 41,207 sq. ft. and were required to
provide their own parking, as is common for lots of this size.
In 1993, the Town completed drafting and adopting its own zoning ordinance. This new
zoning ordinance was based on the County ordinance with a few modifications to meet the
needs of the Town. When the Town adopted the revised ordinance, the chapter for the
Meeting Packet Page 382 of 488
Planned Shopping Plaza Overlay was not included. In 2020, the Town staff recognized the
overlay district was no longer in the zoning ordinance. A revised Planned Shopping Plaza
Overlay was added to the Zoning Ordinance in late 2020 as Chapter 26, and applied to the
land through a rezoning action in early 2021. As compared to the 1992 overlay, the revised
overlay placed a few limitations on uses allowed through special use permits in the
downtown area and allowed up to 50% of the parking requirement for lots over 10,800 sq.
ft. to be counted in the common parking area through consideration and approval of a
special use permit.
The four blocks of Plat 208 south of the Avenue were not included in the Planned Shopping
Plaza Overlay and did not develop with any uses prior to 2002, when the Community Center
and Library buildings were constructed. Starting at that time, the blocks south of the
Avenue have been replatted to eliminate all the small lots and common parking areas and
developed with an entirely different pattern and form compared to the north side of the
Avenue.
In November 2016, the Town Council adopted the Entertainment Overlay District for the
downtown area north of the Avenue. This overlay district allows for outdoor seating and
music within the district. The activities can be extended into the public right-of-way (ROW)
with Council approval of an encroachment permit. In May 2017, the overlay was amended
to allow second floor residential uses up to 8 units per acre by right. This overlay was
amended again in 2020 to allow applications for Special Use Permits to increase the allowed
density to greater than 8 units per acre. Despite the zoning allowing for outdoor
entertainment activities for the last nine years, there have not been any new outdoor-
oriented entertainment uses established in this area.
Based on experience using the two existing overlays, and the input received from the public
through the downtown strategy plan update, staff is now recommending these two overlay
districts be combined into one overlay district with a few modifications to address the
current goals of the Town. The ordinance as drafted and presented:
• Maintains the same outdoor entertainment allowances as the current ordinance with
the following modifications:
o Removes the allowance for outdoor seating areas in the ROW for all areas but
the Avenue District. The other districts do not have the sidewalk width along
the street to allow this type of use of the ROW.
o Allows the encroachment permit for use of the ROW in the Avenue District to
be approved by the Town Engineer rather than going to Council. This will
simplify this process and make it easier to have this extended use area.
• Continues to allow the same parking provisions as the current ordinance (allows the
small lots in the Avenue and Business Districts to have all their parking needs met by
the common parking area and up to 50% of the parking needs of the larger lots
through approval of a SUP).
• Continues to allow upper floor residential uses by right in the Avenue and Business
Districts but proposes to increase the allowed density from 8 units per acre to 50
units per acre.
o Ground floor residential use is still permitted in the Business District with
approval of a SUP.
Meeting Packet Page 383 of 488
o Residential is still permitted in the Innovation District with approval of a SUP.
The primary differences with the new overlay are:
• Expanding the boundaries to include the area north of Palisades to create the
Innovation District. This portion of the overlay amends the uses allowed in C-2 to
allow types of employment uses in this area.
• Allowing temporary use of vacant properties.
• Establishing a "built to" line in the Avenue and Business Districts.
Additional modification
Based on the input received from the public during the downtown planning process, the
ordinance as presented to the Planning and Zoning Commission restricted office and service
uses by right in the Avenue District within 50' of the street to focus the area on active retail
and entertainment uses. This was the most controversial aspect of the proposed ordinance.
The desire of the public has been to create the entertainment area along the Avenue that
was envisioned years ago with the adoption of the Entertainment Overlay. To encourage
this to happen, the ordinance allows active retail and entertainment uses by right (makes
them the easy thing to do) but creates a barrier to the less desired uses by requiring a SUP.
Any existing business can remain and renew leases. The limitation on uses would only apply
if there is a new user of a lease space. There has still been some concern that the market is
just not ready to support this kind of shift in use or that this type of ordinance change should
wait until after improvements are made to the Avenue to make it more attractive to the
desired uses. An option has also been expressed that if the ordinance continues to require a
SUP for less active uses, that the process should be made easier by including modifications
such as reducing the fee, lessening the notice requirements, and/or not requiring the Citizen
Participation Process.
The existing Entertainment Overlay has been in place for nine years and has not generated
any additional entertainment activities in the downtown area. During this time, many lease
spaces have become vacant and been filled with non-entertainment uses. While this may
indicate there is not a market for these uses, staff believes it is time to push the market a
little by making the entertainment uses the easier option while still allowing the non-
entertainment options.
There has been a misconception that the ordinance would only allow restaurants and that it
would be difficult to convert most of the buildings to restaurant uses. The ordinance does
not limit the uses along the Avenue to just restaurant. As shown in the list attached to this
staff report, there are a wide range of active commercial uses that would be allowed; it is
simply office and service uses that would be required to take the extra step of securing a
SUP before they would be allowed.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapters 25 and 26
2020 Fountain Hills General Plan
Downtown Strategic Plan
Meeting Packet Page 384 of 488
Risk Analysis
N/A Recommendation(s) by Board(s) or Commission(s)
The Planning Commission reviewed and discussed this ordnance at several meetings and
received comments from several members of the public; some in support and some with
concerns. Following the public hearing and Commission discussion, the Commission voted
to recommend the ordinance as attached to this staff report. The Commission amended the
ordinance as presented by staff to remove the limitation of uses along the Avenue to create
the Entertainment District. Staff Recommendation(s)
Staff recommends approval of the ordinance as submitted by the Planning and Zoning
Commission but encourages the Council to consider adding back in the section of the
ordinance that limits uses on the Avenue to active commercial uses as provided the the Staff
Draft Ordinance attached to this report. Suggested Motion
Move to approve Ordinance 25-02.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. Staff Draft Ordinance 25-02
2. Uses allowed on AotF with new ordinance
3. PZ Recommended Ordinance 25-02 Chapter 27
4. TC Presentation 9_2_25
Meeting Packet Page 385 of 488
ORDINANCE NO. 25-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING
ORDINANCE ADDING CHAPTER 27, DOWNTOWN OVERLAY DISTRICT
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA,
as follows:
SECTION 1. That Chapter 27, Downtown Overlay District, is added to the Fountain Hills Zoning Ordinance
is provided in Exhibit A attached hereto.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this
day of, 2025.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Mayor Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Town Manager Town Attorney
Meeting Packet Page 386 of 488
Exhibit A
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Chapter 27
Downtown Overlay District
Section 27.01 Purpose and Intent
The Downtown Overlay District is an overlay zoning district for development of the downtown
area of Fountain Hills. The intent of this district is to integrate commercial activity and
professional offices with residential uses, visitor attractions and parks as appropriate for the
established districts within the downtown area. The Downtown Overlay District modifies the
underlying zoning district regulations only to the extent specifically set forth in this Chapter. If
not specifically modified in this Chapter, all of the regulations in effect in the underlying zoning
districts will remain in full force and effect.
Section 27.02 Permitted Uses
Uses permitted in the Downtown Overlay District shall be:
A. The Avenue District:
1. Permitted uses:
a. Uses listed in Zoning Ordinance Sections 12.02 B. and C. provided, however, that ground floor
uses within fifty feet (50’) of the right-of-way for the nearest adjacent street shall be limited to
restaurants and cafes; bars and taverns; gift shops, apparel stores, variety stores and similar
retail commercial stores; entertainment venues; or similar uses.
b. Outdoor seating areas for food and beverage service with associated outdoor entertainment
subject to the following requirements.
i. Any recorded or live music or sound that is electronically amplified and played outside an
establishment shall only be permitted at establishments with dedicated outdoor seating
areas for food and beverage service.
ii. Establishments with dedicated outdoor seating areas for food and beverage service shall
comply with the sound level requirements set forth in the Fountain Hills Town Code Section
11-1-7, as amended.
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iii. Outdoor seating areas for food and beverage service shall comply with any applicable
barrier requirements from the Arizona Department of Liquor Licenses and Control.
iv. Outdoor seating areas for food and beverage service are allowed within the sidewalk
areas, provided an encroachment permit is approved by the Town Engineer pursuant to
Town Code Article 16-1, for any seating areas located in a public right-of-way. Such outdoor
seating areas must be properly maintained to ensure safe access and mobility for business
patrons.
c. Museums
d. Multifamily residential up to 50 units per acre above the ground floor.
2. Uses permitted by special use permit.
a. Uses listed in Zoning Ordinance Sections 12.02 B. and C. not permitted by right on the
ground floor
b. Multifamily residential above the ground floor at a density more than 50 units per acre.
B. The Business District:
1. Those uses permitted in Zoning Ordinance Sections 12.02 A., B., and C.
a. Outdoor seating areas for food and beverage service with associated outdoor entertainment
subject to the following requirements:
i. Any recorded or live music or sound that is electronically amplified and played outside an
establishment shall only be permitted at establishments with dedicated outdoor seating
areas for food and beverage service.
ii. Establishments with dedicated outdoor seating areas for food and beverage service shall
comply with the sound level requirements set forth in the Fountain Hills Town Code Section
11-1-7, as amended.
iii. Outdoor seating areas for food and beverage service shall comply with any applicable
barrier requirements from the Arizona Department of Liquor Licenses and Control.
b. Multifamily residential up to 50 units per acre above the ground floor.
2. Uses permitted by special use permit shall be residential uses on the ground floor or at a density
more than 50 units per acre.
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c. The Innovation District:
1. Those uses permitted in Zoning Ordinance Sections 12.02 A., B., and C.
a. Laboratories, (research, experimental and testing).
b. Manufacture and assembly of nonhazardous and nontoxic materials.
c. Light assembly and storage as an accessory use if all of the following criteria are met:
i. Any assembly or storage areas associated with assembly activities shall not occupy more
than fifty (50%) percent of enclosed building space used for the business; and,
ii. There shall be no use of hazardous materials involved in the assembly operation(s).
2. Uses permitted by special use permit shall be residential uses.
Illustration 27.02. Downtown District Boundaries
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Section 27.03 Temporary Uses
Uses allowed by Zoning Ordinance Section 2.03 are allowed to be established as temporary uses on
vacant lots provided they comply with the adopted Downtown Temporary Use Guidelines and receive
approval from the Zoning Administrator and Town Engineer.
Section 27.04 General Provisions
Except as may be modified by this overlay district, the general provisions in chapter 5 shall apply.
Section 27.05 Signs
The regulations in Chapter 6, Signs, shall apply.
Section 27.06 Parking and Loading
A. Area south of Palisades Boulevard.
1. The parking regulations in Chapter 7, Parking and Loading Requirements, shall apply to all lots
over 10,800 square feet in area as of January 1, 1992. The Council may approve up to a fifty percent
(50%) reduction in required on-site parking through approval of a special use permit.
2. For lots 10,800 square feet or less as of January 1, 1992, the common parking lot areas shall
satisfy all of the off-street parking requirements regardless of the land use. Any elimination of
parking spaces in the common parking area by a lot owner or user is required to be replaced by
adding the lost spaces on site or on another lot in the same block.
B. Area north of Palisades Boulevard. The regulations in Chapter 7, Parking and Loading Requirements,
shall apply.
Section 27.07 Outdoor Lighting
The provisions of Chapter 8, Outdoor Lighting Control, shall apply.
Section 27.08 Plan Review
The provisions of Section 2.04, Site Plan Review Regulations, shall apply.
Section 27.09 Density, Area, Building and Yard Regulations
A. Building height:
Building height allowances shall be the same as permitted in the underlying zoning district.
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B. Building setbacks:
1. Area south of Palisades Boulevard.
a. Front yard:
i. Lots 10,800 square feet and under do not have a front yard setback requirement but must
meet sight triangle requirements when a corner lot (see Chapter 7, Exhibit 7.03 g). must not
encroach into platted easements.
ii. Lots over 10,800 square feet must provide a 10-foot front yard and must meet sight
triangle requirements when a corner lot. must not encroach into platted easements.
iii. At least 70% of the first floor of the building must be within five feet of any street facing
property line. If there is an easement along the property line, then at the edge of the
easement.
b. Side yard. None required except on corner lots as required by Chapter 12, Section 12.13.,
street side yards must meet sight triangle requirements; must not encroach into platted
easements.
c. Rear yard. None required; must not encroach into platted easements.
2. Area north of Palisades Boulevard. As required by the underlying zoning district.
C. Maximum lot coverage:
1. South of Palisades Boulevard. Lots may have one hundred percent (100%) lot coverage exclusive
of any easements or required setbacks.
2. North of Palisades Boulevard. As required by the underlying zoning district.
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Uses allowed on AOTF with new ordinance using North America Industry Classiflcation System
(NAICS) codes
445230 Fruit and Vegetable Retailers
This industry comprises establishments primarily engaged in retailing fresh fruits and vegetables.
445291 Baked Goods Retailers
This U.S. industry comprises establishments primarily engaged in retailing baked goods not for
immediate consumption and not made on the premises.
445292 Confectionery and Nut Retailers
This U.S. industry comprises establishments primarily engaged in retailing candy and other
confections, nuts, and popcorn not for immediate consumption and not made on the premises.
445298 All Other Specialty Food Retailers
This U.S. industry comprises establishments primarily engaged in retailing miscellaneous specialty
foods (except fruit and vegetables, meat, flsh, seafood, confections, nuts, popcorn, and baked
goods) not for immediate consumption and not made on the premises.
Illustrative Examples:
Coffee and tea (i.e., packaged) retailers
Soft drink (i.e., bottled) retailers
Dairy product retailers
Spice retailers
Gourmet food retailers
Water (i.e., bottled) retailers
449210 Electronics and Appliance Retailers
This industry comprises establishments primarily engaged in one of the following: (1) retailing an
array of new household-type appliances and consumer-type electronic products, such as
televisions, computers, electronic tablets, and cameras; (2) specializing in retailing a single line of
new consumer-type electronic products; (3) retailing these new products in combination with
repair and support services; (4) retailing new prepackaged or downloadable computer software
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(without publishing); and/or (5) retailing prerecorded audio and video media, such as downloadable
digital music and video flles (without production or publishing), CDs, and DVDs.
Illustrative Examples:
Appliance retailers, household-type
Consumer-type electronics retailers (e.g., televisions, computers, cameras)
Cellular telephone accessories retailers
Stereo and sound system retailers (except automotive)
455110 Department Stores
This industry comprises establishments generally known as department stores that have separate
departments for general lines of new merchandise, such as apparel, jewelry, home furnishings, and
toys, with no one merchandise line predominating. Department stores may sell perishable
groceries, such as fresh fruits, vegetables, and dairy products, but such sales are insigniflcant.
Department stores with flxed point-of-sale locations may have separate customer checkout areas
in each department, central customer checkout areas, or both.
456120 Cosmetics, Beauty Supplies, and Perfume Retailers
This industry comprises establishments primarily engaged in retailing cosmetics, perfumes,
toiletries, and personal grooming products.
456130 Optical Goods Retailers
This industry comprises establishments primarily engaged in one or more of the following: (1)
retailing and fltting prescription eyeglasses and contact lenses; (2) retailing prescription eyeglasses
in combination with the grinding of lenses to order on the premises; and (3) retailing
nonprescription eyeglasses.
456191 Food (Health) Supplement Retailers
This U.S. industry comprises establishments primarily engaged in retailing food supplement
products, such as vitamins, nutrition supplements, and body enhancing supplements.
458110 Clothing and Clothing Accessories Retailers
This industry comprises establishments primarily engaged in retailing general or specialized lines of
new clothing and clothing accessories, such as hats and caps, costume jewelry, gloves, handbags,
Meeting Packet Page 394 of 488
ties, wigs, toupees, and belts. These establishments may provide basic alterations, such as
hemming, taking in or letting out seams, or lengthening or shortening sleeves.
458310 Jewelry Retailers
This industry comprises establishments primarily engaged in retailing one or more of the following
items: (1) new jewelry (except costume jewelry); (2) new sterling and plated silverware; and (3) new
watches and clocks. Also included are establishments retailing these new products in combination
with lapidary work and/or repair services.
458320 Luggage and Leather Goods Retailers
This industry comprises establishments primarily engaged in retailing new luggage, briefcases, and
trunks, or retailing these new products in combination with a general line of leather items (except
leather apparel), such as belts, gloves, and handbags.
459110 Sporting Goods Retailers
This industry comprises establishments primarily engaged in retailing new sporting goods, such as
bicycles and bicycle parts; camping equipment; exercise and fltness equipment; athletic uniforms;
specialty sports footwear; and other sporting goods, equipment, and accessories.
Illustrative Examples:
Fishing supply retailers
Bicycle (except motorized) retailers
Golf pro shops
Bowling equipment and supply retailers
Tack shops
Sporting goods (e.g., scuba, skiing, ball sports) retailers
Exercise equipment retailers
Sporting gun and hunting equipment retailers
Camping and hiking equipment retailers
459120 Hobby, Toy, and Game Retailers
This industry comprises establishments primarily engaged in retailing new toys, games, and hobby
and craft supplies (except needlecraft).
Meeting Packet Page 395 of 488
59130 Sewing, Needlework, and Piece Goods Retailers
This industry comprises establishments primarily engaged in retailing new sewing supplies, fabrics,
patterns, yarns, and other needlework accessories or retailing these products in combination with
new sewing machines.
Illustrative Examples:
Fabric retailers
Sewing supply retailers
Needlecraft sewing supply retailers
Upholstery materials retailers
Quilting supply retailers
459140 Musical Instrument and Supplies Retailers
This industry comprises establishments primarily engaged in retailing new musical instruments,
sheet music, and related supplies; or retailing these new products in combination with musical
instrument repair, rental, or music instruction.
Illustrative Examples:
Musical instrument retailers
Sheet music retailers
Piano retailers
459210 Book Retailers and News Dealers
This industry comprises establishments primarily engaged in retailing new books, newspapers,
magazines, and other periodicals (without publishing).
459310 Florists
This industry comprises establishments generally known as fiorists primarily engaged in retailing
cut fiowers, fioral arrangements, and potted plants grown elsewhere. These establishments may
prepare the arrangements they sell.
Meeting Packet Page 396 of 488
459410 Office Supplies and Stationery Retailers
This industry comprises establishments primarily engaged in one or more of the following: (1)
retailing new office supplies, stationery, and school supplies; (2) retailing a combination of new
office equipment, furniture, and supplies; and (3) retailing new office equipment, furniture, and
supplies in combination with selling new computers.
459420 Gift, Novelty, and Souvenir Retailers
This industry comprises establishments primarily engaged in retailing new gifts, novelty
merchandise, souvenirs, greeting cards, seasonal and holiday decorations, and curios.
Illustrative Examples:
Greeting card retailers
Seasonal and holiday decoration retailers
Novelty retailers
Souvenir retailers
Gift retailers
Fruit basket or fruit bouquet retailers
459920 Art Dealers
This industry comprises establishments primarily engaged in retailing original and limited edition
art works created by others. Included in this industry are establishments primarily engaged in
displaying works of art for retail sale in art galleries.
522110 Commercial Banking
This industry comprises establishments primarily engaged in accepting demand and other deposits
and making commercial, industrial, and consumer loans. Commercial banks and branches of
foreign banks are included in this industry.
522130 Credit Unions
This industry comprises establishments primarily engaged in accepting members' share deposits in
cooperatives that are organized to offer consumer loans to their members.
Meeting Packet Page 397 of 488
712110 Museums
This industry comprises establishments primarily engaged in the preservation and exhibition of
objects of historical, cultural, and/or educational value.
Illustrative Examples:
Art galleries (except retail)
Planetariums
Art museums
Science or technology museums
Halls of fame
Wax museums
713120 Amusement Arcades
This industry comprises establishments primarily engaged in operating amusement (except
gambling, billiard, or pool) arcades and parlors.
713990 All Other Amusement and Recreation Industries
This industry comprises establishments (except amusement parks and arcades; gambling
industries; golf courses and country clubs; skiing facilities; marinas; fltness and recreational sports
centers; and bowling centers) primarily engaged in providing recreational and amusement services.
Illustrative Examples:
Amusement ride or coin- or card-operated nongambling amusement device concession
operators (i.e., supplying and servicing in others' facilities)
Outdoor adventure operations (e.g., white water rafting) without accommodations
Miniature golf courses
Golf driving ranges
Archery or shooting ranges
Recreational day camps (except instructional)
Billiard or pool parlors
Recreational chess or bridge clubs
Boating clubs (without marinas)
Meeting Packet Page 398 of 488
Recreational or youth sports clubs (i.e., sports teams) not operating sports facilities
Escape rooms
Riding stables (except boarding horses)
722410 Drinking Places (Alcoholic Beverages)
This industry comprises establishments known as bars, taverns, nightclubs, or drinking places
primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These
establishments may also provide limited food services.
722511 Full-Service Restaurants
This U.S. industry comprises establishments primarily engaged in providing food services to
patrons who order and are served while seated (i.e., waiter/waitress service) and pay after eating.
These establishments may provide this type of food service to patrons in combination with selling
alcoholic beverages, providing carryout services, or presenting live nontheatrical entertainment.
722513 Limited-Service Restaurants
This U.S. industry comprises establishments primarily engaged in providing food services (except
snack and nonalcoholic beverage bars) where patrons generally order or select items and pay
before eating. Food and drink may be consumed on premises, taken out, or delivered to the
customer's location. Some establishments in this industry may provide these food services in
combination with selling alcoholic beverages.
Illustrative Examples:
Delicatessen restaurants
Pizza delivery shops
Family restaurants, limited-service
Takeout eating places
Fast-food restaurants
Fast casual restaurants
Takeout sandwich shops
Limited-service pizza parlors
722514 Cafeterias, Grill Buffets, and Buffets
Meeting Packet Page 399 of 488
This U.S. industry comprises establishments, known as cafeterias, grill buffets, or buffets, primarily
engaged in preparing and serving meals for immediate consumption using cafeteria-style or buffet
serving equipment, such as steam tables, refrigerated areas, display grills, and self-service
nonalcoholic beverage dispensing equipment. Patrons select from food and drink items on display
in a continuous cafeteria line or from buffet stations.
722515 Snack and Nonalcoholic Beverage Bars
This U.S. industry comprises establishments primarily engaged in (1) preparing and/or serving a
specialty snack, such as ice cream, frozen yogurt, cookies, or popcorn, or (2) serving nonalcoholic
beverages, such as coffee, juices, or sodas for consumption on or near the premises. These
establishments may carry and sell a combination of snack, nonalcoholic beverage, and other
related products (e.g., coffee beans, mugs, coffee makers) but generally promote and sell a unique
snack or nonalcoholic beverage.
Illustrative Examples:
Beverage bars, nonalcoholic, flxed location
Doughnut shops, on premise baking and carryout service
Bagel shops, on premise baking and carryout service
Pretzel shops, on premise baking and carryout service
Cookie shops, on premise baking and carryout service
Coffee shops, on premise brewing
Ice cream parlors
Juice bars, nonalcoholic, flxed location
81211 Hair, Nail, and Skin Care Services
This industry comprises establishments primarily engaged in one or more of the following: (1)
providing hair care services; (2) providing nail care services; and (3) providing facials or applying
makeup (except permanent makeup).
Illustrative Examples:
Barber shops
Hair stylist shops
Beauty salons
Nail salons
Cosmetology salons
Meeting Packet Page 400 of 488
ORDINANCE NO. 25-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING
ORDINANCE ADDING CHAPTER 27, DOWNTOWN OVERLAY DISTRICT
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA,
as follows:
SECTION 1. That Chapter 27, Downtown Overlay District, is added to the Fountain Hills Zoning Ordinance
is provided in Exhibit A attached hereto.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this
2nd day of September, 2025.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Gerry Friedel, Mayor Bevelyn Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Rachael Goodwin, Town Manager Jennifer J. Wright, Town Attorney
Meeting Packet Page 401 of 488
Exhibit A
Meeting Packet Page 402 of 488
Chapter 27
Downtown Overlay District
Section 27.01 Purpose and Intent
The Downtown Overlay District is an overlay zoning district for development of the downtown
area of Fountain Hills. The intent of this district is to integrate commercial activity and
professional offices with residential uses, visitor attractions and parks as appropriate for the
established districts within the downtown area. The Downtown Overlay District modifies the
underlying zoning district regulations only to the extent specifically set forth in this Chapter. If
not specifically modified in this Chapter, all of the regulations in effect in the underlying zoning
districts will remain in full force and effect.
Section 27.02 Permitted Uses
Uses permitted in the Downtown Overlay District shall be:
A. The Avenue District:
1. Permitted uses:
a. Uses listed in Zoning Ordinance Sections 12.02 B. and C.
b. Outdoor seating areas for food and beverage service with associated outdoor entertainment
subject to the following requirements.
i. Any recorded or live music or sound that is electronically amplified and played outside an
establishment shall only be permitted at establishments with dedicated outdoor seating
areas for food and beverage service.
ii. Establishments with dedicated outdoor seating areas for food and beverage service shall
comply with the sound level requirements set forth in the Fountain Hills Town Code Section
11-1-7, as amended.
iii. Outdoor seating areas for food and beverage service shall comply with any applicable
barrier requirements from the Arizona Department of Liquor Licenses and Control.
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iv. Outdoor seating areas for food and beverage service are allowed within the sidewalk
areas, provided an encroachment permit is approved by the Town Engineer pursuant to
Town Code Article 16-1, for any seating areas located in a public right-of-way. Such outdoor
seating areas must be properly maintained to ensure safe access and mobility for business
patrons.
c. Museums
d. Multifamily residential up to 50 units per acre above the ground floor.
2. Uses permitted by special use permit shall be residential above the ground floor at a density more
than 50 units per acre.
B. The Business District:
1. Those uses permitted in Zoning Ordinance Sections 12.02 A., B., and C.
a. Outdoor seating areas for food and beverage service with associated outdoor entertainment
subject to the following requirements:
i. Any recorded or live music or sound that is electronically amplified and played outside an
establishment shall only be permitted at establishments with dedicated outdoor seating
areas for food and beverage service.
ii. Establishments with dedicated outdoor seating areas for food and beverage service shall
comply with the sound level requirements set forth in the Fountain Hills Town Code Section
11-1-7, as amended.
iii. Outdoor seating areas for food and beverage service shall comply with any applicable
barrier requirements from the Arizona Department of Liquor Licenses and Control.
b. Multifamily residential up to 30 units per acre above the ground floor.
2. Uses permitted by special use permit shall be residential uses on the ground floor or at a density
more than 50 units per acre.
c. The Innovation District:
1. Those uses permitted in Zoning Ordinance Sections 12.02 A., B., and C.
a. Laboratories, (research, experimental and testing).
b. Manufacture and assembly of nonhazardous and nontoxic materials.
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c. Light assembly and storage as an accessory use if all of the following criteria are met:
i. Any assembly or storage areas associated with assembly activities shall not occupy more
than fifty (50%) percent of enclosed building space used for the business; and,
ii. There shall be no use of hazardous materials involved in the assembly operation(s).
2. Uses permitted by special use permit shall be residential uses.
Illustration 27.02. Downtown District Boundaries
Section 27.03 Temporary Uses
Uses allowed by Zoning Ordinance Section 2.03 are allowed to be established as temporary uses on
vacant lots provided they comply with the adopted Downtown Temporary Use Guidelines and receive
approval from the Zoning Administrator and Town Engineer.
Section 27.04 General Provisions
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Except as may be modified by this overlay district, the general provisions in chapter 5 shall apply.
Section 27.05 Signs
The regulations in Chapter 6, Signs, shall apply.
Section 27.06 Parking and Loading
A. Area south of Palisades Boulevard.
1. The parking regulations in Chapter 7, Parking and Loading Requirements, shall apply to all lots
over 10,800 square feet in area as of January 1, 1992. The Council may approve up to a fifty percent
(50%) reduction in required on-site parking through approval of a special use permit.
2. For lots 10,800 square feet or less as of January 1, 1992, the common parking lot areas shall
satisfy all of the off-street parking requirements regardless of the land use. Any elimination of
parking spaces in the common parking area by a lot owner or user is required to be replaced by
adding the lost spaces on site or on another lot in the same block.
B. Area north of Palisades Boulevard. The regulations in Chapter 7, Parking and Loading Requirements,
shall apply.
Section 27.07 Outdoor Lighting
The provisions of Chapter 8, Outdoor Lighting Control, shall apply.
Section 27.08 Plan Review
The provisions of Section 2.04, Site Plan Review Regulations, shall apply.
Section 27.09 Density, Area, Building and Yard Regulations
A. Building height:
Building height allowances shall be the same as permitted in the underlying zoning district.
B. Building setbacks:
1. Area south of Palisades Boulevard.
a. Front yard:
Meeting Packet Page 406 of 488
i. Lots 10,800 square feet and under do not have a front yard setback requirement but must
meet sight triangle requirements when a corner lot (see Chapter 7, Exhibit 7.03 g). must not
encroach into platted easements.
ii. Lots over 10,800 square feet must provide a 10-foot front yard and must meet sight
triangle requirements when a corner lot. must not encroach into platted easements.
iii. At least 70% of the first floor of the building must be within five feet of any street facing
property line. If there is an easement or platted building setback along the property line,
then at the edge of the easement or setback.
b. Side yard. None required except on corner lots as required by Chapter 12, Section 12.13.,
street side yards must meet sight triangle requirements; must not encroach into platted
easements.
c. Rear yard. None required; must not encroach into platted easements.
2. Area north of Palisades Boulevard. As required by the underlying zoning district.
C. Maximum lot coverage:
1. South of Palisades Boulevard. Lots may have one hundred percent (100%) lot coverage exclusive
of any easements or required setbacks.
2. North of Palisades Boulevard. As required by the underlying zoning district.
Meeting Packet Page 407 of 488
Zoning Ordinance Amendment Chapter 27 Downtown Overlay District
September 2, 2025John D. Wesley, AICPDevelopment Services Director
Meeting Packet Page 408 of 488
Background
•Council approved a Downtown Strategy September 2024
•Strategy calls for updating zoning regulations to better meet the desired vision
•Active vibrant Avenue
•More employment opportunities
•More mixed use/residential
•Use/maintenance of vacant properties
Meeting Packet Page 409 of 488
Zoning Ordinance
Current Zoning
•Mostly zoned C-2, (one area of C-3
P. D.) E, PSP
•Two existing overlays:
•Entertainment –mostly allows for outdoor entertainment activities
•Planned Shopping Plaza –allows 0’ setbacks, common parking, 2nd floor residential at 8 units per acre by right,
restricts some uses
Meeting Packet Page 410 of 488
Goals of New Overlay Zoning District
•Combine the two existing overlays
•Encourage active retail and entertainment uses on the Avenue
•Have had an “entertainment” overlay since 2016 with little result
•Increase “by right” residential use
•Increase employment opportunities
Meeting Packet Page 411 of 488
Overview of Proposed Ordinance
•Downtown Overlay District
•Divides area into three districts
Meeting Packet Page 412 of 488
The Avenue District
Review of Proposed Ordinance
•Allows by-right uses permitted in the C-1, C-C, and C-2
•Permits the outdoor entertainment uses currently permitted by the Entertainment Overlay
•Allows staff to approve encroachment permits
•Allows residential above the ground floor at 50 units per acre
•Current code allows 2 units on a 6,000 sq. ft. lot
•Revised code will allow up to 6 units a 6,000 sq. ft. lot
•No residential on ground floor
Meeting Packet Page 413 of 488
The Avenue District
As Presented to P&Z
•Allows by-right uses permitted in the C-1, C-C, and C-2
•Within 50’ of street, ground floor uses by right
•Restaurants, cafes, buffets, snack bars, bagel shops, ice cream stores, juice bars
•Bars, taverns
•Retail stores such as gift shops, apparel, variety, food, electronics, appliance, department, jewelry, sporting goods, hobby and toy, musical instrument, book
•Entertainment venues such as museums, arcades, billiard & pool,
•Services such as banks, nail salons
•Other uses allowed through approval of SUP
•Consider reducing fee, notice requirements, both
Meeting Packet Page 414 of 488
The Business District
Review of Proposed Ordinance
•Allows by-right uses permitted in the C-O, C-1, C-C, and C-2 districts
•Continues Entertainment Overlay allowance for outdoor seating with associated entertainment
•Removes specific allowance for ROW encroachment
•Increases residential allowance to 50 units per acre –NOTE, incorrect in ordinance 27.02 B 1 b.
•By right on upper floors
•Requires SUP on ground floor
Meeting Packet Page 415 of 488
The Innovation District
Review of Proposed Ordinance
•Allows by-right uses permitted in the C-O, C -1, C-C, and C-2 districts
•Also allows:
•Laboratories (research, experimental and testing)
•Manufacture and assembly of nonhazardous and nontoxic materials
•Light assembly and storage
•50% of building space and nonhazardous
•Residential allowed by SUP
Meeting Packet Page 416 of 488
Temporary Uses
Review of Proposed Ordinance
•Allows temporary use of vacant properties
•Pop-up events or activities
•Short-term uses with limited site improvements
•Guidelines approved by Town Engineer and Zoning Administrator
Meeting Packet Page 417 of 488
Parking
Review of Proposed Ordinance
•Continues common parking allowances for Plat 208
•No parking required for small lots (up to 10,800 sq. ft.)
•Up to 50% reduction for large lots with SUP approval
Meeting Packet Page 418 of 488
Setbacks and Lot Coverage
Review of Proposed Ordinance
•Continues setback and lot coverages in Plat 208
•Added a “build to” line in Plat 208
•Ensure the creation of the “street wall” that provides for interest along an urban street
•Add an exception for easements and platted building setbacks
Meeting Packet Page 419 of 488
Recommendation
•Planning and Zoning Commission recommends approval as presented
Meeting Packet Page 420 of 488
Meeting Packet Page 421 of 488
Amending Chapter 6 -Sign Regulations
September 2, 2025John D. Wesley, AICPDevelopment Services Director
Meeting Packet Page 422 of 488
Background
•November 2021:Significant amendments to the Sign Ordinance
•October 2023:Most recent updates
•January 2025:Council directed staff to review and revise the Sign Ordinance
•February 18:Council outlined potential amendments
•May 12:P&Z Commission reviewed possible amendments
•August 11:P&Z Commission hearing & recommendation
Meeting Packet Page 423 of 488
P&Z Recommended Amendments
•A-Frame signs
•Signs for apartment complexes
•Election yard signs
Meeting Packet Page 424 of 488
A-Frame Signs
•Increase max. size of individual sign from 6 to 8 sq. ft.
•Increase combined max. from 9 to 11 sq. ft.
•Changed from one per entry with max. of 2 to 2 per business
Meeting Packet Page 425 of 488
Building Wall and Monument Signs
Signs for apartment complexes
•Currently do not allow any signage for apartment complexes with 20 or fewer units
•Amend to allow one wall ormonument for apartment complexes with 8 –20 units
Meeting Packet Page 426 of 488
Election Yard Signs
•Currently allow two yard signs per single-family lot anytime
•Beginning 71 days prior to an election allow four yard signs per lot in single-family districts
•Return to just two per yard immediately after date of election
•This is in addition to the signs allowed in the ROW per state statute
Yard Signs
Meeting Packet Page 427 of 488
Discussion
Meeting Packet Page 428 of 488
Banner Signs
•Increased maximum number of days per permit from 30 to 90 days
Meeting Packet Page 429 of 488
Freestanding Wall/Fence Signs
Railing Signs
•Adjusted the allowances under Freestanding Wall/Fence signs to allow for “railing” signs up to 12 sq. ft. in size
•Made of permanent materials
•Can be placed as either temporary or permanent attachment to the wall or railing
Meeting Packet Page 430 of 488
ITEM 9.b.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: Phone: 480-816-5138
Email: jwesley@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Relating to an extension of the building permits
approved for Phases II and III of the Park Place development utilizing the 2018 Building
Codes Staff Summary (background)
SUBJECT
Consideration of applicant request to extend the expiration date of approved but expired
building permits for the Park Place project and to allow issuance under the 2018 Building
Codes.
BACKGROUND
On April 19, 2022, the Town Council approved the site plans for Phase II (Buildings F and G,
Avenue of the Fountains and Saguaro) and Phase III (Building B on Verde River). Following
site plan approval, the applicant submitted building construction plans.
- Phase II (Buildings F and G): Plans were approved by a third-party reviewer and ready for
issuance on September 13, 2023.
- Phase III (Building B): Plans were approved on October 3, 2023.
Per the adopted building code, if approved plans are not paid for and issued within 180 days
of approval, the plans expire. Because the permits were not paid for and issued within that
timeframe, both permits are now expired.
On June 17, 2025, the Town Council adopted Ordinance 25-06, which implements the 2024
Building Codes effective September 1, 2025.
The applicant for the Park Place project has requested that the previously approved permits
be reinstated and extended through December 31, 2025, and that they remain subject to
the 2018 Building Codes rather than requiring compliance with the 2024 Building Codes.
DISCUSSION
Granting an extension of expired permits—particularly one that also maintains applicability
of a superseded code—is not within the purview of staff authority as it does not align with
the current staff policy and procedures. Under standard practice, expired permits would
require resubmittal under the most recently adopted building codes.
Meeting Packet Page 431 of 488
As noted in staff’s presentation of the 2024 Building Codes, there are not extensive changes
that affect most building types. Staff has not identified any significant revisions between the
2018 and 2024 codes that would impact the design or construction of these buildings.
This item is placed on the Council agenda to receive policy direction regarding whether to:
1. Allow extension of the expired permits through December 31, 2025; and
2. Approve issuance of the permits under the 2018 Building Codes rather than requiring
compliance with the 2024 Building Codes.
Related Ordinance, Policy or Guiding Principle
N/A Risk Analysis
N/A Recommendation(s) by Board(s) or Commission(s)
N/A Staff Recommendation(s)
Staff supports approval of an extension of the approved building permits under the 2018
Building Codes to December 31, 2025. Suggested Motion
Move to approve the applicant’s request to extend the expiration date of the Park Place
Phase II and Phase III building permits through December 31, 2025, and to allow issuance of
the permits under the 2018 Building Codes.
OR
Move to deny the applicant’s request to extend the expiration date of the Park Place Phase II
and Phase III building permits and to require compliance with the 2024 Building Codes
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
None
Meeting Packet Page 432 of 488
ITEM 9.c.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: Phone: 480-816-5138
Email: jwesley@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
PUBLIC HEARING WITH CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 25-
08 amending Zoning Ordinance Chapter 6, Section 6.08, regarding regulations for various
types of signs. Staff Summary (background)
The Town's sign ordinance has undergone periodic updates over the years to address legal
issues and evolving needs and preferences for local signage. A significant revision was
completed in November 2021 to align the regulations with the 2015 U.S. Supreme Court
ruling requiring sign codes to be content neutral. Sign ordinances must be based on time,
place, and manner consideration, not the content or message of the sign. The most recent
update was approved by the Town Council in October 2023.
During the January 21, 2025, Town Council meeting, staff was once again tasked with
reviewing and revising the Town's sign regulations. However, the Council did not provide
guidance on the issues to address or the goals to achieve at that meeting. This item was
placed on the February 18, 2025, Council meeting for further direction. At that Council
meeting, several Council members described potential amendments for consideration by the
Planning and Zoning Commission.
At the May 12, 2025, Planning and Zoning Commission meeting, staff presented the
Commission with comments from the Town Council with regard to issues various Council
members wanted to consider. At that time, staff was also seeking direction from the
Commissioners and the public with regard to any changes that should be drafted by staff for
further consideration and recommendation. There was no input from the public at that
meeting.
The Commission discussed the sign ordinance and the suggested areas of possible
amendment received from the Town Council. The Commissioners generally did not support
the suggested changes and did not identify any additional portions of the sign ordinance
that should be considered for possible modification.
Based on the comments received from the Council and the Commission, staff prepared an
ordinance for consideration by the Planning and Zoning Commission. In addition to the
items brought up at the February Council meeting, the ordinance prepared by staff also
Meeting Packet Page 433 of 488
included addressing an issue staff identified recently regarding signage for smaller
apartment complexes. As currently written, our ordinance does not allow either wall signs
or monument signs for apartment complexes with fewer than 20 units. An application was
recently received from an apartment complex with 12 units for a wall sign. Upon
consideration, staff felt that it would be appropriate to allow apartment complexes with 8–
20 units to have either a wall sign or a monument sign. An amendment was included in the
draft ordinance presented to the Planning and Zoning Commission to address this issue.
The Commission reviewed that draft ordinance at a public hearing on August 11, 2025.
There were no comments received from the public. Based on their review, the Commission
recommends the changes contained in the attached ordinance, Ordinance 25-02, and
described below.
Review of Recommended Amendments
1. A-frame signs.
a. Size (Sec. 6.08 A. 1. c.). Increase the maximum size allowed for an individual
sign from 6 to 8 sq. ft. and increase the maximum aggregate area for two
signs from 9 to 11 sq. ft.
b. Number (Sec. 6.08 A. 1. d.). Allow up to 2 signs per business regardless of the
number of public access points.
2. Number of Yard signs (Sec. 6.08 A. 17. d. i.). Increase the number of yard signs on a
single-family property from 2 to 4 during an election season. Note, this does not
impact signs allowed by the State in the right-of-way during elections.
3. Sections 6.08 A. 5. b. and 6.08 A. 10. b. amended to allow either a wall sign or a
monument sign for apartment complexes of 8 to 20 units.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 6, Sign Regulations Risk Analysis
N/A Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission discussed this topic at their May 12, 2025, meeting
and held a public hearing at their meeting on August 11, 2025, to consider the draft
ordinance prepared by staff. Chair Kovacevic pointed out that in his research of other area
communities he did not find any that allowed A-frame to stay out after the business was
closed and also found that most cities and towns limit the use of banner signs to less than 30
days. Other Commissioners expressed concern about too many A-frame signs and safety
issues that could result from them being left out overnight. The commissioners also
expressed concerns with banner signs becoming tattered when left out too long and did not
find a need to allow them to be up for long periods of time.
Commissioners also had concerns with the portion of the draft ordinance that created an
allowance for railing signs. They cited safety concerns and other options available for
signage, such as the additional A-frame sign being allowed through this amendment in their
determination that this sign type was not needed. Staff Recommendation(s)
Meeting Packet Page 434 of 488
Staff supports the ordinance as recommended by the Planning and Zoning Commission. Suggested Motion
Move to approve Ordinance 25-08.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. Draft Ordinance 25-08 for P&Z Consideration
2. P&Z Recommended Ordinance 25-08
Meeting Packet Page 435 of 488
ORDINANCE NO. 25-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 6, SIGN
REGULATIONS
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That Chapter 6, Sign Regulations, Section 6.08 A. 1. c. and d. be amended as
follows:
c. Size/Height.
i. Maximum sign area for any sign is six EIGHT square feet.
ii. When multiple signs are used, the maximum aggregate area is nine ELEVEN square
feet.
iii. Maximum sign height is three feet.
d. Number.
i. In single-family and multifamily districts, as allowed by subsection C of this section.
ii. One per business per public entry in commercial or industrial districts with aA
maximum of two per business.
SECTION 2. That Chapter 6, Sign Regulations, Section 6.08 A. 1. e. iii. 2. be amended as follows:
2. Signs placed in the public right-of-way must adhere to the following requirements:
A. (a) Shall not be located on the paved portion of any public street or in any median;
B. (b) Shall not be located within a designated parking or loading area;
C. (c) Shall not be located in a manner that poses a traffic vision hazard;
D. (d) Shall not be located on a public sidewalk except in the Town Center pedestrian area when
there is at least four feet of clear passage around at least one side;
E. (e) Shall be at least two feet from any curb or edge of pavement; and
F. Shall be removed between the hours of official sunset and official sunrise, except in the Town
Center pedestrian area.
Meeting Packet Page 436 of 488
SECTION 3. That Chapter 6, Sign Regulations, Section 6.08 A. 4. f. iii. 1. be amended as follows:
1. A maximum of thirty NINETY (390) days at a time for a total maximum of one hundred
fifty (150) days per calendar year. Additional days may be approved through approval of
a temporary use permit.
SECTION 4. That Chapter 6, Sign Regulations, Section 6.08 A. 5. b. ii. be amended as follows:
b. Zoning/Use
ii. Apartment complexes containing more than twentySEVEN (207) units in multifamily or
commercial zoning districts (COMPLEXES WITH EIGHT (8) TO TWENTY (20) UNITS ARE
ALLOWED ONLY ONE WALL OR ONE MONUMENT SIGN);
SECTION 5. That Chapter 6, Sign Regulations, Section 6.08 A. 8. c., d., and e. be amended as
follows:
c. Size/Height.
i. FOR DEVELOPMENT ENTRY SIGNS, THE Mmaximum sign area is twenty-four (24)
square feet. Maximum sign height is six feet.
ii. FOR COMMERCIAL OR INDUSTRIAL USES, PERMANENT SIGNS UP TO TWELVE
(12) SQUARE FEET IN SIZE.
d. Number.
i. FOR SUBDIVISIONS, Oone per development entry.
ii. FOR INDIVIDUAL BUSINESSES, ONE PER OCCUPANCY.
e. Location.
i. Part of or attached to a perimeter wall surrounding a development.
ii. PART OF OR ATTACHED TO A LANDSCAPE MEDIAN WALL.
iii. HUNG TEMPORARILY ON OR PERMANENTLY TO FENCES OR WALLS
IMMEDIATELY ADJACENT TO THE BUSINESS LOCATION.
SECTION 6. That Chapter 6, Sign Regulations, Section 6.08 A. 10. b. iii. be amended as follows:
b. Zoning/Use
iii. Apartment or condominium complex containing more than twentySEVEN (207) dwellings
in multifamily zoning districts (COMPLEXES WITH EIGHT (8) TO TWENTY (20)
DWELLINGS ARE ALLOWED ONLY ONE WALL OR ONE MONUMENT SIGN);
SECTION 7. That Chapter 6, Sign Regulations, Section 6.08 A. 17. d. i. be amended as follows:
d. Number.
Meeting Packet Page 437 of 488
i. In single-family districts or uses, two signs per property. PROVIDED, HOWEVER,
DURING THE TIME BEGINNING 71 DAYS BEFORE A LOCAL, STATE OR FEDERAL
PRIMARY ELECTION OR ANY LOCAL ELECTION OR BALLOT MEASURE, UP TO
FOUR SIGNS ARE ALLOWED PER PROPERTY. ADDITIONAL SIGNS MUST BE
REMOVED IMMEDIATELY FOLLOWING THE DATE OF THE ELECTION.
SECTION 8. That Chapter 6, Sign Regulations, Section 6.08 C. 2. be amended as follows:
2. Signs shall not be located within the public right-of-way associated with Shea Boulevard at
any time, but may be located within the public right-of-way of any other street between the hours
of official sunrise and official sunset. When located in the right-of-way, shall be placed at least
two feet from the curb or edge of pavement.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 2nd day of September, 2025.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Mayor Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Town Manager Town Attorney
Meeting Packet Page 438 of 488
ORDINANCE NO. 25-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 6, SIGN
REGULATIONS
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That Chapter 6, Sign Regulations, of the Fountain Hills Zoning Ordinance is
amended as provided in Exhibit A attached hereto.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 2nd day of September, 2025.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
_________________________________ ________________________________
Gerry M. Friedel, Mayor Bevelyn Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Rachael Goodwin, Town Manager Jennifer J. Wright, Town Attorney
Meeting Packet Page 439 of 488
Exhibit A
SECTION 1. That Chapter 6, Sign Regulations, Section 6.08 A. 1. c. and d. be amended as
follows:
c. Size/Height.
i. Maximum sign area for any sign is six EIGHT square feet.
ii. When multiple signs are used, the maximum aggregate area is nine ELEVEN square
feet.
iii. Maximum sign height is three feet.
d. Number.
i. In single-family and multifamily districts, as allowed by subsection C of this section.
ii. One per business per public entry in commercial or industrial districts with aA
maximum of two per business.
SECTION 2. That Chapter 6, Sign Regulations, Section 6.08 A. 5. b. ii. be amended as follows:
b. Zoning/Use
ii. Apartment complexes containing more than twentySEVEN (207) units in multifamily or
commercial zoning districts (COMPLEXES WITH EIGHT (8) TO TWENTY (20) UNITS ARE
ALLOWED ONLY ONE WALL OR ONE MONUMENT SIGN);
SECTION 3. That Chapter 6, Sign Regulations, Section 6.08 A. 10. b. iii. be amended as follows:
b. Zoning/Use
iii. Apartment or condominium complex containing more than twentySEVEN (207) dwellings
in multifamily zoning districts (COMPLEXES WITH EIGHT (8) TO TWENTY (20)
DWELLINGS ARE ALLOWED ONLY ONE WALL OR ONE MONUMENT SIGN);
SECTION 4. That Chapter 6, Sign Regulations, Section 6.08 A. 17. d. i. be amended as follows:
d. Number.
i. In single-family districts or uses, two signs per property. PROVIDED, HOWEVER,
DURING THE TIME BEGINNING 71 DAYS BEFORE A LOCAL, STATE OR FEDERAL
PRIMARY ELECTION OR ANY LOCAL ELECTION OR BALLOT MEASURE, UP TO
FOUR SIGNS ARE ALLOWED PER PROPERTY. ADDITIONAL SIGNS MUST BE
REMOVED IMMEDIATELY FOLLOWING THE DATE OF THE ELECTION.
Meeting Packet Page 440 of 488
ITEM 9.d.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Phone: 480-816-5133
Email: jweldy@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Related to future Pavement Management
planning and funding. Staff Summary (background)
SUMMARY
Tonight’s presentation will begin with an update from the Town’s Roadway Asset Services
representative, providing a summary of current roadway conditions. This update will
highlight changes since the 2023 pavement analysis and reflect work completed to date,
giving Council a clear picture of how past investments have improved the roadway network.
Following this update, the Public Works Director will present the proposed paving locations
for FY26, along with an overview of how the selection process supports the Town’s long-
term pavement management strategy.
BACKGROUND
Careful planning for pavement management is essential to upholding the Town’s
transportation network, preserving infrastructure integrity, and maintaining the quality of
street surfaces. Over the last several years, the Town Council has prioritized a consistent and
proactive pavement management program. This commitment has ensured that road
conditions are addressed systematically, minimizing long-term costs and extending the
useful life of the Town’s street network.
The Town currently utilizes the Budget Optimization Street Selector (BOSS) system, a
pavement management software tool. The system employs prioritization optimization to
determine the most efficient sequence for pavement repairs or replacements based on
condition assessments, traffic volumes, budget limitations, and potential impacts on traffic
flow.
As part of the multiyear planning process, BOSS has been used to identify candidate streets
for fiscal year 2026–2027. This aligns with the Council’s allocation of $5,000,000 for paving
projects. Staff will also present the list of streets identified for the current fiscal year,
illustrating how this year’s work integrates into the broader, long-term pavement
management strategy.
DISCUSSION
Meeting Packet Page 441 of 488
The outcomes of the pavement condition evaluation and project selection will be shared
during tonight’s presentation. The recommended FY26 paving locations fall within the $5
million allocation approved by Council. These recommendations are based on data-driven
analysis and are designed to maximize the impact of available funding while preserving past
investments and supporting safe, efficient travel for residents and visitors.
COUNCIL ACTION REQUESTED
Staff is requesting Council direction regarding project priorities to allow Public Works to
proceed with preparation for the FY26 paving process. Council feedback will help ensure the
Town’s pavement management program continues to follow a strategic, data-driven
approach that supports long-term asset management goals and maximizes the value of
taxpayer investments.
Related Ordinance, Policy or Guiding Principle
Pavement Management best practices Risk Analysis
Failure to proceed with street maintenance and repair could delay projects and result in
higher pricing. Recommendation(s) by Board(s) or Commission(s)
N/A Staff Recommendation(s)
N/A Suggested Motion
MOVE to direct staff to proceed with the streets as identified.
FISCAL IMPACT
Fiscal Impact: $5,000,000
Budget Reference: Streets Fund
Funding Source: N/A
ATTACHMENTS
1. RAS_FountainHills_AnalysisUpdates_FY26
2. 2026 Paving 09-02-25
Meeting Packet Page 442 of 488
Roadway Asset Services, LLC 6001 W Parmer Lane #370-1102 Austin, TX 78727 210-837-5249
August 12, 2025
Town of Fountain Hills
16705 E. Ave of the Fountains
Fountain Hills, AZ 85268
Attention: Justin Weldy, Public Works Director
Reference: Annual Consulting & Support Services
Dear Mr. Weldy,
Roadway Asset Services, LLC (RAS) is pleased to submit this proposal for annual pavement management
consulting and support services. As a part of these services, RAS will continue to provide annual support related
to pavement management, analysis modeling, ad-hoc scenario development, council presentations, and other
applicable services within the RAS scope of expertise as requested. These services are ongoing with the Town
and an extension of the services provided under PO# 22500305 that expired on July 1st. This proposal and request
is simply related to the ongoing analysis work being provided to the Town of Fountain Hills as a part of that
original PO. The annual Support Services supplement being requested is a not-to-exceed $20,000.00 (billed at
$200/hour) contract amendment. These services are related to the original RAS Contract No. 2023-047.
As an example, typical ad-hoc scenarios
include running variations of the
financial models that require updates
using current unit rates (a result of any
new design specifications) and running
of a series of budgetary models in the
BOSS pavement management system
that attain several defined level of
service definitions.
We look forward to continuing to
support the Town of Fountain Hills in the
development of a best-in-class asset management program. If any questions or comments arise regarding these
services, please do not hesitate to reach out for further discussion.
Sincerely,
Zac Thomason, MBA
Senior Vice President
Roadway Asset Services, LLC
Meeting Packet Page 443 of 488
PRESENTED BY: Justin T. Weldy, Public Works Director
Street Paving and Funding Discussion
September 2, 2025
Meeting Packet Page 444 of 488
This presentation will cover the following
•Discussion of FY26 Street Selection and funding
Options
Pavement Project Discussion
Meeting Packet Page 445 of 488
ProgrammedCrack Fill and Preservative SealFY26
Paving Projects
Completed
2016-2018
Meeting Packet Page 446 of 488
FY 2026 Street Paving SelectionsRAS Software
SCORPION DR
BUMBLEBEE PL
KIM DR
Roads
deferred
from last
year
Meeting Packet Page 447 of 488
FY 2026 Street Paving SelectionsRAS Software
NICKLAUS DR
EAGLE LN
NIBLICK WAY
Nicklaus Dr
deferred
from last
year
Meeting Packet Page 448 of 488
FY 2026 Street Paving SelectionsRAS Software
CARDINAL CT
Meeting Packet Page 449 of 488
FY 2026 Street Paving SelectionsRAS Software
EL LAGO BLVD
Meeting Packet Page 450 of 488
FY 2026 Street Paving SelectionsRAS Software
ALLEY
RAND DR
KINGSTREE BLVD
MANGRUM CT
Meeting Packet Page 451 of 488
FY 2026 Street Paving SelectionsRAS Software
PEACHTREE LN
FOUNTAIN HILLS BLVD
ALLEY
Meeting Packet Page 452 of 488
FY 2026 Street Paving SelectionsRAS Software
ALLEYS
Meeting Packet Page 453 of 488
FY 2026 Street Paving SelectionsRAS Software
TWIN DEER RUN
Meeting Packet Page 454 of 488
Questions
Meeting Packet Page 455 of 488
ITEM 9.e.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Phone: 480-816-5133
Email: jweldy@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Relating to Phase II of Capital Improvement
Project D6057, Golden Eagle Impoundment. Staff Summary (background)
On October 15, 2024, the Town Council awarded a construction contract for the Golden
Eagle Park Drainage Improvements project. The scope included installation and
enhancement of stormwater management infrastructure, site grading, and related
improvements to protect park facilities and enhance recreational areas.
The Notice to Proceed was issued on November 25, 2024, with a scheduled Substantial
Completion date of May 23, 2025, and a Final Completion date of June 30, 2025.
Construction began shortly after, and Phase I has now reached substantial completion.
While the physical work is largely finished, any final payment for work completed after June
30, 2025, requires Council approval. This same approval will also authorize the continued
design process for Phase II.
During construction, the project encountered numerous unforeseen field conditions,
infrastructure conflicts, and utility discrepancies not identified during design. These issues
resulted in multiple change order requests, construction delays, and a no-cost time
extension of 84 calendar days, extending the project beyond the end of Fiscal Year 2025.
Key challenges included:
• Outdated and unmarked underground utilities
• Shallow irrigation lines and outdated components not shown on plans
• Elevation discrepancies affecting the multi-use path and drainage outflow from the
baseball fields
• Inconsistencies between as-built CAD files and PDF construction drawings
• Conflicts between proposed grading, utilities, and existing site elements (e.g.,
retaining walls, sidewalks, volleyball courts)
Meeting Packet Page 456 of 488
• Required separation distances between reclaimed and potable water systems
These changes were necessary to maintain compliance with design standards, protect Town
infrastructure, and ensure safe, functional park operations.
For municipal capital improvement projects of this size and complexity—particularly those
involving older infrastructure or incomplete as-built records—it is not unusual for
cumulative change orders to approach 10% of the original contract amount. Such
adjustments reflect the need to adapt to site conditions during construction, rather than any
mismanagement.
At the close of Fiscal Year 2025, the Town had spent $2.78 million on this project, which
resulted in a leftover unspent budget (after budgetary increases approved by Council) of
about $400,000. The unspent budget will be included in the remaining Capital Projects fund
balance at year-end. These funds will be available for use on future years’ capital
improvement projects. The Town's Fiscal Year 2026 approved budget includes $300,000 to
continue this project, and Council authorized the project as a "Yellow Light" project during
budget meetings and approvals. Because of the "Yellow Light" designation, staff are
requesting Council authorization to move forward to complete the project.
Phase II is now in progress and is currently under review by the Maricopa County Flood
Control District (MCFLOOD) and the Arizona Department of Water Resources (ADWR).
Related Ordinance, Policy or Guiding Principle
Adopted Capital Improvement Projects Policy. Public Works Mission Statement Risk Analysis
Failure to authorize the project could lead to unpaid contractor claims, significant delays in
Phase II design, and jeopardize grant funding from the Maricopa County Flood Control
District. Recommendation(s) by Board(s) or Commission(s)
N/A Staff Recommendation(s)
Staff recommend proceeding with the capital project previously designated as a 'Yellow
Light' project by the Town Council. Suggested Motion
MOVE TO APPROVE authorization of Capital Improvement Project D6057 and associated
budget transfers
FISCAL IMPACT
Fiscal Impact: $300,000
Budget Reference: FY2026 Adopted Budget; Yellow Light Project
Funding Source: Capital Projects Fund
ATTACHMENTS
None
Meeting Packet Page 457 of 488
ITEM 9.f.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Phone: 480-816-5133
Email: jweldy@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Relating to Amendment NO. 3 to Professional
Services Agreement 2025-030 with Top Leaf Tree Services Staff Summary (background)
On October 1, 2024, the Town Council approved Professional Services Agreement 2025-030
with Top Leaf Tree Services, LLC in an amount not to exceed $210,000 annually for Dam,
Drainage Parcel, and Wash Maintenance.
The contract was awarded following a competitive bid process (IFB No. 2024-008), with Top
Leaf selected based on competitive pricing, proven experience, and quality service. This
work implements Resolution No. 2001-33 (adopted June 2001), which established a
comprehensive wash and dam management policy that includes vegetation management,
flood control, fire mitigation, erosion control, and hazard reduction, along with compliance
with EPA Best Management Practices (BMPs).
On January 21, 2025, Council approved Amendment No. 1 increasing the annual contract
limit to $350,000 in response to higher-than-expected vegetation growth, accelerated
maintenance progress, and heightened wildfire and flood risks. This increase allowed for
expanded wash coverage, intensified fire mitigation, and ongoing compliance with federal
and state environmental requirements.
Following Amendment No. 1, staff utilized the Town Manager’s purchasing authority to
authorize an additional $35,000 for continued maintenance through April 2025.
As part of the FY-26 budget process, the Town Council approved $450,000 for wash
maintenance. The current contract cap of $350,000 does not align with the approved budget
or the anticipated work program for the fiscal year.
Amendment No. 3 is necessary to:
1. Increase the annual contract limit from $350,000 to $450,000.
2. Revise the contract term to align with the Town’s fiscal year cycle (July 1 through
June 30).
This adjustment will ensure the Town can fully implement the FY26 wash maintenance
program, address seasonal risk factors, and maintain proactive compliance with Resolution
Meeting Packet Page 458 of 488
No. 2001-33 and EPA BMP requirements.
JUSTIFICATION FOR THE INCREASE
Town-owned washes are vital environmental, recreational, and safety assets. They provide
flood control, groundwater recharge, wildlife habitat, open space preservation, and wildfire
mitigation.
The additional $100,000 in annual funding will allow for:
• Expanding wash maintenance to additional high-risk areas.
• Increasing the frequency and intensity of vegetation clearing, debris removal, and
firebreak creation.
• Proactively reducing wildfire and flooding risks during peak hazard seasons.
• Ensuring ongoing compliance with environmental regulations and best practices.
By aligning the contract with the FY26 budget, the Town can maintain momentum in its
maintenance program, safeguard public safety, and preserve the ecological and hydrological
value of its washes.
Once staff obtain Council approval, the contract will be amended and executed with the
vendor. Related Ordinance, Policy or Guiding Principle
2001-33 and EPA BMP requirements Risk Analysis
Not approving the contract proposed amendments will further delay critical maintenance of
washes. Recommendation(s) by Board(s) or Commission(s)
N/A Staff Recommendation(s)
Staff recommends that the Town Council approve proposed amendments to Professional
Services Agreement 2025-030 with Top Leaf Tree Services, LLC Suggested Motion
MOVE to approve proposed amendments to Professional Services Agreement 2025-030 with
Top Leaf Tree Services, LLC for Dam, Drainage, Parcel and Wash Maintenance, increasing the
annual contract amount from $350,000 to $450,000 and adjusting the contract term to July
1 through June 30.
FISCAL IMPACT
Fiscal Impact: $450,000
Budget Reference: PWENV
Funding Source: General Fund
ATTACHMENTS
1. 2025-030.3_Top Leaf
Meeting Packet Page 459 of 488
1
Contract No. 2025-030.3
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS
AND TOP LEAF TREE SERVICE, LLC THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Third Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Top Leaf Tree Service, LLC, a(n) 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 (amended via Amendment No. 1, dated January 27, 2025; and via Amendment No. 2, dated March 19, 2025), for the Consultant to provide dam, drainage parcel, and wash maintenance (the “Services”). All capitalized terms not otherwise defined in this Third Amendment have the same meanings as contained in the Agreement.
B. The Town has determined that it is necessary to amend the Agreement with the Consultant to reflect the Town’s fiscal year under “Term of the Agreement” to properly conduct Town business.
C. The Town and the Consultant desire to enter this Third Amendment to amend the
Agreement term to (i) reflect the Town’s fiscal year and (ii) increase the annual amount authorized to $450,000. 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. The term of the Agreement shall be from retroactive from July 1, 2025, and shall remain in full force and effect until through June 30, 2026, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up three successive one-year terms (the
“Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price
Meeting Packet Page 460 of 488
2
adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to
seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-
current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect.
2. 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 $450,000. All remaining terms and conditions of the Agreement shall remain in full force and effect.
3. 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. 4. Non-Default. By executing this Third 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
this Third 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 Third Amendment are forever waived.
5. Conflict of Interest. This Third Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES]
Meeting Packet Page 461 of 488
ATTESTED TO:
_______________________________ Town Clerk
APPROVED AS TO FORM:
________________________________
Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________ Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
Meeting Packet Page 462 of 488
ITEM 9.g.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration
Prepared by: David Trimble, Deputy Town Manager/Administrative Services
Director
Staff Contact Information: Phone: 480-816-5125
Email: dtrimble@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Relating to ratification of Town Attorney contract. Staff Summary (background)
At the June 17, 2025, Regular Town Council Meeting, the Town Council voted to approve the
law firm Tim La Sota, PLC to serve as the Town Attorney for the Town of Fountain Hills, and
directed the Town Manager to negotiate and execute a contract with the firm. That process
has been completed, and the contract was fully executed on June 25, 2025, with services
effective July 1, 2025. The final contract closely mirrors the sample agreement that was
included in the Town’s Request for Proposal (RFP) solicitation.
This action followed the April 16, 2025, notification from Pierce Coleman PLLC that it would
discontinue legal services to the Town effective May 1, 2025. The firm later agreed to extend
its services through June 30, 2025. In response, and under Council direction, the Town
released an RFP on May 13, 2025, which closed on June 5, 2025. A total of four qualified
firms submitted proposals. These were evaluated by the Town Council through a
combination of written submissions and oral interviews held from June 10 to June 16, 2025.
Based on this process, the Council selected Tim La Sota, PLC as the selected firm.
Ratification of the fully executed contract is necessary to formally confirm the Council’s
action taken on June 17, 2025, and to ensure the Town’s records accurately reflect Council
approval of the agreement as executed. Ratification also provides a clear and transparent
record of the procurement and contracting process, which helps protect the Town against
any potential procedural challenges and affirms the legitimacy of the contract moving
forward.
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)
Meeting Packet Page 463 of 488
At the request of Town Council, staff is bringing forth the item for consideration and possible
action. Suggested Motion
MOVE TO APPROVE the ratification of the Town Attorney contract effective July 1, 2025.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. Timothy_A_La_Sota_PLC_Professional_Services_Agreement_.WHm1PLOlgJ.signed_effective
July 1 2025
Meeting Packet Page 464 of 488
BlueInk Bundle ID: WHm1PLOlgJ Meeting Packet Page 465 of 488
BlueInk Bundle ID: WHm1PLOlgJ Meeting Packet Page 466 of 488
BlueInk Bundle ID: WHm1PLOlgJ Meeting Packet Page 467 of 488
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ITEM 9.h.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/2/2025
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Finance
Prepared by: Paul Soldinger, Chief Financial Officer
Staff Contact Information: Phone: 480-816-5160
Email: psoldinger@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
DISCUSSION AND POSSIBLE ACTION: Relating to the Travel Policy for Mayor & Council
Members Staff Summary (background)
At the May 20, 2025, Town Council meeting, at the request of Council Members, a
discussion was held regarding travel procedures for both staff and elected officials. During
that meeting, the existing Staff Travel Policy was reviewed and reaffirmed. Council
subsequently directed staff to prepare a draft Council Travel Policy for further consideration,
which was drafted and brought forth to the Council at the June 17, 2025 Town Council
meeting. At that meeting, the Council voted to table this agenda item, which required staff
to bring this agenda item back to the next meeting for Council consideration.
The attached draft Council Travel Policy closely aligns with the current Staff Travel Policy.
However, language has been included to establish that the Mayor and Council Members
must travel more than 50 miles from Town Hall to be eligible for reimbursement of lodging,
meals, and mileage expenses.
Related Ordinance, Policy or Guiding Principle
Council discussion and direction at the May 20, 2025, and June 17, 2025, meetings. Risk Analysis
N/A Recommendation(s) by Board(s) or Commission(s)
N/A Staff Recommendation(s)
N/A Suggested Motion
MOVE to approve the Council Travel Policy for Mayor & Council Member travel
OR
MOVE to deny the Council Travel Policy for Mayor & Council Member travel; with possible
direction for edits or changes
FISCAL IMPACT
Fiscal Impact: N/A
Meeting Packet Page 480 of 488
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. Council_Travel_Policy_-_Final_Draft_060225
Meeting Packet Page 481 of 488
Town of Fountain Hills, AZ
Council Travel Policy
6/17/2025
Meeting Packet Page 482 of 488
Town of Fountain Hills – Council Travel Policy
Page 2 of 7
PURPOSE:
To provide clear and consistent guidelines for the Mayor and Council Members traveling on Town business while
protecting the interests of the Town.
It is the duty of all travelers to carefully weigh any expenditure of public monies. Travel expenditures should only
be incurred when there is a clear business need that benefits the Town. It is the responsibility of the traveler to
maintain correct and proper records to report only authorized Town business related expenses when reporting
expenses for travel.
APPLICATION:
This Policy is applicable to the Town of Fountain Hills Mayor and Council Members.
DEFINITIONS:
Town – when capitalized, Town refers to the Town of Fountain Hills.
Town Hall – 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
PROCEDURE:
A.Overview
1. When traveling to conduct the Town’s business, all travelers must conduct themselves appropriately
and follow this Travel Policy (Policy) to ensure that payments made by the Town are for actual and
necessary expenses incurred for Town business.
2. Specific procedures, as managed by the Finance Division in implementing this Policy, are referenced
in this document. The Mayor and Council Members are responsible for adhering to this Policy and all
other applicable Town policies and procedures while traveling on Town business.
3. The Expense Reimbursement Request must be completed within 30 days of the end of the trip to report
all charges incurred on the trip, regardless of how the expenses were paid.
4. Requests for reimbursements must be submitted to Accounts Payable within 30 calendar days from the
end date of the business travel. Accounts Payable will process the request for reimbursement in the
financial system. If a traveler receives an excess or unsubstantiated reimbursement, the traveler must
report and return any excess amounts to the Town within 30 days.
B.Applicable Forms
Use the following Town forms when requesting financial reimbursement for Town business travel:
1. Mileage Log Reimbursement Form
2. Expense Reimbursement Request
Meeting Packet Page 483 of 488
Town of Fountain Hills – Council Travel Policy
Page 3 of 7
Travelers should work with the Town Manager’s office to submit travel reimbursements.
C.Non-Reimbursable Expenditures
There are certain common expenses that are generally not necessary in the performance of the Town’s
business. Common non-reimbursable expenditures are included in this section, but this is not an all-
inclusive listing.
Examples:
Any personal expenses and all expenses related to the inclusion of family or guest(s) while
traveling.
Non-business/personal air travel, vehicle rental, meals, and hotel arrangements.
Purchases of alcohol, tobacco, guest movies, games, or personal items.
Expenses incurred for laundry, valet or dry-cleaning uses.
Traffic and parking tickets and fines.
Repair costs for personal vehicles.
Baggage over limit fees without written justification.
Priority boarding fees and airline seat premiums or upgrades, unless other options are unavailable.
D.Allowable and Reimbursable Expenses for Town Related Business
1. There are certain common expenses that are generally necessary in the performance of the Town’s
business. Common reimbursable expenditures are included in this section, but this is not an all-
inclusive listing.
2. Transportation
a. Commercial Airfare
1. The maximum amount the Town will pay or reimburse for airfare will be for the reasonable
cost of a round-trip, coach ticket from Phoenix/Mesa to the airport nearest the business
destination.
i. If a traveler travels to or from an airport other than Phoenix, the actual cost of such airfare
may be paid or reimbursed up to the cost of the similar ticket to or from Phoenix.
ii. If a traveler travels to or from an airport other than the one nearest the business destination,
the actual cost of such airfare may be paid or reimbursed, up to the cost of the similar ticket
to or from the nearest business destination.
2. Use of carry-on luggage is preferred. However, the Town will reimburse for the cost of one
checked bag if applicable.
b. Use of Motor Vehicles
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Town of Fountain Hills – Council Travel Policy
Page 4 of 7
1. When operating a motor vehicle on Town business within the U.S., whether that vehicle is a
Town vehicle, rented or privately owned, the driver must possess a valid driver’s license and
mandatory insurance coverage as required by applicable Town laws and regulations, primarily
issued by Arizona Department of Transportation. Risk Management should be consulted with
respect to the operation of a vehicle on Town business outside of the U.S.
2. Use of Town Vehicles
i. Use of Town-owned vehicles for travel outside of the State of Arizona is prohibited unless
specifically justified in writing.
ii. Fuel for Town vehicles should be obtained with the Town fuel card assigned to the vehicle.
3. Personal Vehicles
i. The Mayor and Council Members are eligible for reimbursement of authorized use of their
personal or rental vehicles for Town Business only when traveling more than 50 miles from
Town Hall.
ii. The use of a Town vehicle is the preferred method when traveling by car.
iii. When personal or rental vehicles are used for transportation, the reimbursed cost shall in
no case exceed the cost of air travel for the same trip.
iv. The mileage reimbursement rate per mile will be updated periodically in accordance with
the approved IRS guidelines. To find out the current mileage reimbursement rate, use the
current Town of Fountain Hills Mileage Log Reimbursement Form. The origination and
destination of the trip and the number of miles must be indicated on the Mileage Log
Reimbursement Form.
v. Mileage will be reimbursed based on the most direct route from the point of departure to
the point of destination and return.
vi. Tolls and parking fees are considered reimbursable if incurred while driving for Town
business (excluding to and from Town Hall). When possible and applicable, use long-term
economy parking rather than short-term parking.
4. Rental Vehicles
i. Travelers must provide documentation supporting the need for a rental vehicle. The rental
vehicle must be procured using the best possible rate to the Town.
ii. For rental vehicles used for travel at the destination, reimbursement will be limited to the
actual cost of fuel and rental fees. Rental vehicle insurance is not to be purchased and will
not be reimbursed. If an accident occurs and the traveler is at fault, the Town’s Risk
Manager will handle the claim.
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Town of Fountain Hills – Council Travel Policy
Page 5 of 7
iii. If a traveler rents a vehicle for personal use, the Town will not pay for either the cost to rent
the vehicle or damage to the vehicle if an accident occurs.
5. Ground Transportation (Shuttles, Taxis, etc.)
i. It is the traveler’s responsibility to use the most economical means available for ground
transportation. Shuttle and taxi services to and from the airport for Town business purposes
may be reimbursed.
ii. If using a personal vehicle, mileage from Town Hall to the airport is considered an
appropriate ground transportation charge. Mileage from the traveler’s home to the airport
will be reimbursed less the mileage for the normal commute from the traveler’s home to
Town Hall.
iii. The mileage must be noted on the Town of Fountain Hills Mileage Log Reimbursement
Form and will be reimbursed at the standard mileage rate as set by the IRS.
iv. When at a location outside of Maricopa County, expenses for the most economical form of
local transportation, such as shuttle, taxi and bus fare, will be allowed whenever such
transportation is necessary to conduct Town business. Travelers must use any available
public transportation or shuttle services provided by the hotels, conferences, organized
events, etc. whenever possible.
3. Lodging
a. The Mayor and Council Members are eligible for reimbursement of lodging for Town Business
only when traveling more than 50 miles from Town Hall.
b. When traveling more than 50 miles from Town Hall, it is suggested that travelers make
arrangements to stay at a hotel that is close to the business meeting or training facility. Travelers
should always inquire about government room discount rates and the event’s discount.
c. Lodging arrangements must be made at the standard, single occupancy, non-deluxe
accommodation rate for the traveler only. If the traveler has secured accommodations other than
previously stated, it is the traveler’s responsibility to find out the single, standard, non-deluxe rate
and provide a written explanation for the difference. In no event will the Town reimburse or pay
for any exceeding difference in the room rate. Expenses incurred outside of Town business are also
non-allowable expenses (e.g., room expenses for arriving a day early for personal reasons are not
reimbursable).
d. Travelers who have guests stay in the hotel will be responsible for paying any difference in the
room rate. No expenses of any kind will be reimbursed for the guest.
e. Expenses will be allowed for other lodging charges appropriate to the purpose of the trip (e.g.,
internet connection).
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Town of Fountain Hills – Council Travel Policy
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f. Detailed receipts for all lodging charges must be provided to obtain reimbursement and to provide
documentation of the number of days attended at an event.
4. Meals
a. The Mayor and Council Members are eligible for reimbursement of meals for Town Business only
when traveling more than 50 miles from Town Hall.
b. Travelers cannot use Town monies to pay for meals (via reimbursement) that have already been
paid as part of a conference or event registration fee. This statement applies even if the traveler
incurs an expense because the traveler did not eat the meal provided at the conference or event.
c. Travelers can elect one of the two methods for reimbursement of meals. Use of both methods in the
same trip is not allowed.
i.Per-diem meal allowance per day (at General Services Administration (GSA) determined rates,
excluding incidentals, and pro-rated for partial days of travel.) Per-diem will be reimbursed
without requiring submittal of receipts. Per-diem will be prorated for partial days of travel and
reduced by the amount of meals included in conference or event registration fees. See link
athttps://www.gsa.gov/travel/plan-book/per-diem-rates.
OR
ii.Actual expenditures from itemized receipts must be submitted for all reasonable meals (for
which the traveler is seeking reimbursement) incurred while traveling. Itemized expenses must
be supported by detailed cash register receipts and attached to the Expense Reimbursement
Request. Actual receipts will not be allowed for meals which were already included in a
conference or event registration fee. Actual receipts will not be allowed for meals paid for by
another person. In no event will a reimbursement request be approved for a meal amount which
exceeds the amount established by the General Services Administration (GSA) at
https://www.gsa.gov/travel/plan-book/per-diem-rates.
d. If a traveler requests reimbursement for meals but it is determined that the cost of that expense was
paid by another person using Town monies (via P-Card or reimbursement), the traveler will not be
allowed to claim reimbursement for that meal.
5. Registration Fees
Charges for registration at any Town business-related functions are allowable and will be eligible for
reimbursement. A receipt or other proof of payment will be required for reimbursement or to help
document attendance. Include a copy of the function/registration form (with dates, times, and meals
provided) and supporting documentation indicating the purpose/business nature of the trip (e.g. travel
brochures, bulletins, etc.) to the Town Manager’s office for submission to Finance with the Expense
Reimbursement Request.
6. Telephone and Electronic Communications and Internet Usage
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Town of Fountain Hills – Council Travel Policy
Page 7 of 7
During travel, Town business-related telephone and Internet usage may be reimbursed.
7. Tips and Gratuities
Reasonable expenses for tips and gratuities are reimbursable. Tips are to be written on the bottom of
the receipt (i.e. hotel, taxi, restaurant, etc.) for the particular service. Reasonable tips and gratuities are
defined as approximately 20% of the cost for service but may be less. Tips paid in connection with a
meal are considered as part of the cost of the meal subject to the meal reimbursement limits in D.4.
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