Loading...
HomeMy WebLinkAboutagendapacket__06-17-25_1231_726       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Gerry M. Friedel Vice Mayor Hannah Larrabee Councilmember Gayle Earle Councilmember Brenda Kalivianakis Councilmember Rick Watts Councilmember Peggy McMahon Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, JUNE 17, 2025 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.   Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights, may either file written consent with the Town Clerk to such a recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT     Instructions The public is welcome to participate in Council meetings. TO SPEAK TO A CONSENT OR REGULAR AGENDA ITEM, complete a Request to Comment card and hand it to the Town Clerk prior to discussion of that item. Include the agenda item NUMBER on which you wish to comment. A separate submission is required for each agenda item. Request to Comment cards will not be accepted once the Council deliberations begin. Submit a Request to Comment card prior to a public hearing agenda item. TO COMMENT ON A CONSENT OR REGULAR AGENDA ITEM IN WRITING ONLY, complete a Request to Comment card, indicating that it is a written comment, check the box on whether you are FOR or AGAINST a consent or regular agenda item, and hand it to the Town Clerk prior to discussion on that item. A separate submission is required for each agenda item. TO SPEAK TO CALL TO THE PUBLIC, complete a Request to Comment card and hand it to the Town Clerk. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT IN WRITING ONLINE: Visit https://www.fountainhillsaz.gov/publiccomment and submit a Request to Comment card 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).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Friedel     2.INVOCATION - Moment of Silence     3.ROLL CALL – Mayor Friedel     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.MAYOR'S BUSINESS SPOTLIGHT - BehaviorAlly     B.PROCLAMATION: Designation of July as Park and Recreation Month.    5.PRESENTATIONS     A.PRESENTATION: Community Services Update.    B.PRESENTATION: Republic Services Non-Profit Grant Award Program.    6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.     A.CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Special Meeting of May 13, 2025, and for the Town Council Regular Meeting of May 20, 2025.     B.CONSIDERATION AND POSSIBLE ACTION: Approving funding transfers from the Environmental Fund to the General Fund.     C.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-24, abandoning the 10' Public   Town Council Regular Meeting of June 17, 2025 2   C.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-24, abandoning the 10' Public Utility and Drainage Easement on Town-Owned Parcel E of Filed Map 403-B (Application A25-000008) and Authorizing Execution of a Quitclaim Deed to Transfer Ownership to the adjacent parcel at 16932 E. Monterey Drive; including a finding of de minimis value.     D.CONSIDERATION AND POSSIBLE ACTION:  Approving Resolution 2025-19, Abandoning an existing Access Easement adjacent to 16607 N Paradox Drive and Authorizing Execution of a new Access Easement.     8.REGULAR AGENDA     A.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit to allow four (4) multi-family buildings containing 3 dwellings each on four (4) adjacent 1,250 square-foot parcels generally located 200 feet east of the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. (15037-15039-15041-15043 N. Fountain Hills Blvd.) in the C-C (Community Commercial) zoning district (SUP24-000003).     B.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit to allow ten (10) single family residential units on six (6) properties in a commercial subdivision (Plat 106) generally located 400 feet west of the northwest corner of Fountain Hills Blvd. and El Pueblo Blvd. (15012-15014-15016-15018-15020-15022-15026 N. Ivory Dr.) in the C-C (Community Commercial) zoning district (SUP24-000004).     C.CONSIDERATION AND POSSIBLE ACTION: Relating to the Reconstruction of Palomino Boulevard.     D.CONSIDERATION AND POSSIBLE ACTION: Approving Ordinance 25-06 repealing and replacing Town Code Chapter 7, Building Regulations, with Chapter 7, Buildings Regulations, including adoption of the 2024 Building Codes and local amendments.      E.CONSIDERATION AND POSSIBLE ACTION: Approving Ordinance 25-07 amending Town Code Chapter 10, Health and Sanitation, Sections 10-2-3, Litter in Public Places, and Article 10-6, On-site Rest Room Facilities.     F.CONSIDERATION AND POSSIBLE ACTION: Approving Additional Community Center Improvements.    G.DISCUSSION AND POSSIBLE ACTION: Relating to the Travel Policy for Mayor & Council Members.    H.DISCUSSION AND POSSIBLE DIRECTION: Relating to the Staff and Elected Officials Pay Adjustment Process.     I.CONSIDERATION AND POSSIBLE ACTION: 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 with the selected firm.     9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.     10.FUTURE AGENDA ITEMS     Town Council Regular Meeting of June 17, 2025 3     11.ADJOURNMENT       Dated this 12th day of JUNE, 2025. /s/ 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 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating. Town Council Regular Meeting of June 17, 2025 4   ITEM 4. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant, TM/M/TC Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of July as Park and Recreation Month. Staff Summary (Background) Mayor Friedel will proclaim July as Park and Recreation Month.   Attachments PROCLAMATION: Designation of July as Park and Recreation Month  ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Presentations                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Kevin Snipes, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Community Services Update. Staff Summary (Background) The Community Services Department is pleased to present a summary of key accomplishments, initiatives, and performance highlights for the past year. This presentation reflects our ongoing commitment to providing exceptional recreational opportunities, senior programing, volunteerism, promoting community wellness, and maintaining quality parks, facilities, and cultural programs for the residents of Fountain Hills.  Key Highlights & Achievements:  Parks:  Fountain Park- Large shaded picnic area and 2 small Ramadas near splash pad, 2 Lakeside Swings, Relandscaped Amphitheater area Desert Vista Park-Fitness Park Four Peaks Park- Grant funded restroom and storage building, 3 additional pickleball courts (total 6 courts) Avenue Linear Park- Root Barrier installation, Picnic tables added, ½ of event receptacles replaced Golden Eagle Park- 5-12 playground replacement coming soon Adero Canyon Trailhead- Security Cameras coming soon 1. Senior Services:  Expanded offerings at the Fountain Hills Community Center including Veterans to Veterans Discussion Group, Memory Café, Ping Pong, Line Dancing, Mahjongg, Bridge and many more. 2. Sports Activies:  Softball/Baseball, Pickleball, Cornhole, Youth and Adult Return to Recess, Skateboard Classic 3. Community Engagement & Events:  Party in the Park, Back 2 School Bash, Teen Takeover, Movie in the park, Family Fun Night, Eggstravaganza, 9 Teen Trips, Mayor’s Youth Council, and Spooky Blast 4. Sustainability & Beautification:  Planted over 100 native trees and shrubs through the annual Make A Difference Day/Arbor Day event and ongoing beautification projects. 5. Grants:  Secured $500,000 in grants, to build a new restroom building at Four Peaks Park. Conclusion: The Community Services Department remains dedicated to enhancing the quality of life in Fountain Hills through inclusive, innovative, and responsive programs and services. We appreciate the continued support of the Town Council and look forward to next year. ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Presentations                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Republic Services Non-Profit Grant Award Program. Staff Summary (Background) Republic Services, in partnership with the Town of Fountain Hills, has continued its longstanding grant program to support nonprofit organizations serving the Fountain Hills community. This program funds initiatives that promote environmental stewardship, enhance the Town’s natural beauty, encourage public enjoyment, support healthy lifestyles and human services, and provide educational opportunities. For the current grant cycle, nine applications were received and evaluated by a five-member grant review panel using the following criteria: Community Impact: The extent to which the project or program enriches the community as a whole. Human/Environmental Impact: The degree to which the project addresses human and/or environmental needs and opportunities. Educational Impact: The project's effectiveness in educating and informing the Fountain Hills community. Based on these evaluations, two nonprofit organizations have been selected to receive funding: Mary Ellen & Robert McKee Branch of the Boys & Girls Clubs of Greater Scottsdale Fountain Hills Youth Substance Abuse Prevention Coalition Each organization will be awarded a $5,000 grant during the June 17, 2025, Town Council meeting. The Town of Fountain Hills values its continued partnership with Republic Services in supporting local nonprofit organizations and investing in the well-being and sustainability of the community. ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Special Meeting of May 13, 2025, and for the Town Council Regular Meeting of May 20, 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 for the Town Council Special Meeting of May 13, 2025, and for the Town Council Regular Meeting of May 20, 2025. SUGGESTED MOTION MOVE to approve the Minutes for the Town Council Special Meeting of May 13, 2025, and for the Town Council Regular Meeting of May 20, 2025, as presented. Attachments VERBATIM TRANSCRIPT  VERBATIM TRANSCRIPT  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL May 20, 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 Rick Watts; Councilmember Allen Skillicorn Members Absent: Councilmember Peggy McMahon Staff Present: Town Manager Rachael Goodwin; Town Attorney Robert Wingo; Town Clerk Bevelyn Bender TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 1 of 48 Post-Production File Town of Fountain Hills Town Council Meeting Minutes May 20, 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. * * * * * TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 2 of 48 MAYOR FRIEDEL: Please rise for our pledge and remain standing, if you choose, for our invocation. IN UNISON: 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, we have Pastor Dee Pavia from Christ Church in Fountain Hills to lead us in our invocation. PAVIA: Thank you so much, Mayor Friedel, and vice mayor, town councilmembers, and staff as well. Thank you so much on behalf of Christ Church of Fountain Hills. We just want to say thank you. We love being a part of this wonderful community. Would you pray with me? Heavenly Father, we thank you for all that you have blessed us with in this beautiful town of Fountain Hills, Arizona, that we all call home. While we all come from different backgrounds and beliefs, it is our prayer, Lord, for a community that is kind, respectful, and caring towards one another, regardless. We ask, Lord, that you go before this meeting today and guide this town council with great wisdom and integrity and decision-making for the betterment of your people. And we thank you in advance for all that you have yet -- for all that is yet to come. Be with us, Lord, today and every day. In Jesus name we pray. Amen. IN UNISON: Amen. PAVIA: Thank you. MAYOR FRIEDEL: Town Clerk, can I get a roll call, please? BENDER: Mayor Friedel? MAYOR FRIEDEL: Present. BENDER: Vice Mayor Larrabee? LARRABEE: Present. BENDER: Councilmember Earle? EARLE: Present. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 3 of 48 BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Here. BENDER: Councilmember Watts? WATTS: Present. BENDER: Councilmember McMahon is absent. Councilmember Skillicorn? SKILLICORN: Present. MAYOR FRIEDEL: Thank you. Now we'll hear reports by mayor, councilmembers, and town manager. Rachael? GOODWIN: Good evening, Mayor, council, everybody out there. I just wanted to give a quick update. It's hard to believe that we're coming to the end of May, which means it's the end of the school year and the kickoff to summer. A couple of reminders is that we have our graduation ceremonies down at Fountain Park on Friday evening, so there will be some fireworks and celebrations going on. We also had our summer kickoff last weekend. If you were there, it was a wonderful first- time event, something new for us. We had more than 700 people out at the park welcoming in our warm weather. Other things coming up this summer include our summer games, our wacky wet Wednesdays, and video game tournament. There's no shortage of things to do. So please check out our website for all the activities going on. MAYOR FRIEDEL: Thank you. Councilwoman Earle? EARLE: Yes. One fun thing that I did in the last two weeks was attended the Chamber Gala where they recognized outstanding businesses and volunteer groups. And what was the other -- there we go, in our town. Thanks. MAYOR FRIEDEL: Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Hello, everybody. Greetings. Thank you for coming tonight. Very well attended. Again, if you're at home and you can't see this, use YouTube live streaming, of course, and Cox Channel 11. Thanks, everybody, for coming. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 4 of 48 Also, the gala was a wonderful event. I didn't have that in my list tonight. But what I did want to talk about is we just celebrated National Dog Rescue Day. That was on May 20th. Every May 20th we bring awareness to the amazing dogs that live in shelters and eagerly anticipate their new forever homes. So if you do need to adopt, if you do want a pet, don't forget the dogs -- and the cats, even though it was dog day -- that are in our shelters. If you want to know what it feels like to be a hero, adopt a pet and you'll be a hero for life. We have a very special ribbon cutting this week at MinDak Gold & Silver. They've been in our town since 2012. They changed locations. They're in the Avenue of the Fountains now. It was a great event. The mayor was there, of course, and I want to congratulate MinDak and Bunny and all the staff for their latest (indiscernible) of going on the Avenue. It's a great thing. As part of our business and retention program, which is by the Chamber of Commerce and Amanda Jacobs, our development manager, we went to a couple businesses, Fountain Hills Aesthetics and Fountain Hills Design Center. We work with them to understand the town codes, to help them, encourage them, to expand their business, hire more employees, and see what we can do with the chamber and the town to make them successful. So that was a wonderful thing. Both businesses are located on the Avenue of the Fountains. I also toured the court system here in Fountain Hills and met Judge Melton, our prosecutor, the staff. This council had recently approved some upgrades to their security, so I was able to look at the upgrades to the security. They're very appreciative of those upgrades. We're more state-level now. We didn't really have any security before, and it's time we did. So they're appreciative of our efforts here in the council. Lastly, it's Memorial Day coming up, and I know there's going to be two celebrations in town. One at 9 o'clock in the morning at the Veterans Memorial, and then in the afternoon, I'm going to be down at the Memorial Park with the Desert Valley Winds, the Fountain Hills community band, and other members and musicians. And we're going to have a special tribute at 2:45, a remembrance, why we remember, a few patriotic songs, TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 5 of 48 and then of course Taps at 3 o'clock. So I'd invite everybody in town to attend both of those celebrations honoring Memorial Day. Thank you very much. MAYOR FRIEDEL: Councilman Watts? WATTS: Nothing too exciting, Mayor, other than this is the first couple of weeks that I've gotten numerous emails from the town residents, and it has taken up quite a bit of time. But I appreciate the questions, and hopefully, I'll get you all answers. So thank you. MAYOR FRIEDEL: Councilman Skillicorn? SKILLICORN: Thank you very much. Really brief, I just want to shout out to the sheriff and our mounted unit that's here tonight. Thank you for protecting your town, and thank you for visiting us tonight. MAYOR FRIEDEL: Vice Mayor? LARRABEE: Well, actually, speaking of adopting pets, I did make a visit to the Kitty Rescue last week and brought home a kitty. I cannot recommend that group of people enough. They have such big hearts and do so much for those animals. So if you find it in your heart, or you find the time, please give the Kitty Rescue some love. They've been here a long time, and they're really lovely people. MAYOR FRIEDEL: Thank you. So May 11th through the 17th, we just completed National Police Week where we honor and remember law enforcement officers who died in the line of duty. In 2024, 345 officers were killed in the line of duty, so we honor and respect those officers. I attended the summer kickoff this past weekend up at Four Peaks Park, and there were literally thousands of people there. So it was really well done, Rachael. Kudos to the town staff. They put on a great show up there. I also attended the Mayor's Youth Council graduation dinner. I see they're in the audience tonight, and we'll hear a little bit more from them a little bit later on. So well done on that as well. And as Councilwoman Kalivianakis mentioned, we attended the MinDak ribbon cutting, and they're good people in this town and their great new location should serve them TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 6 of 48 well. I also attended The Inspiration Academy. They had an open house with their Hawaiian hulu [sic], so that was interesting because I'd never been there before, and it was quite a gathering. And those youth put on quite a show there. So that was very, very nice. And as was mentioned, I attended the Chamber Gala where I gave out the mayor's award this year, and that mayor's award went to the International Dark Sky Discovery Center for all their hard work. It's been over a decade of their time putting that together, so -- and we also presented the tourism award as well that gala. I attended a meeting with the men's discussion group in town here. That went very well. It was about an hour and a half. There were a lot of questions asked and answered and good lively discussion. A couple of other little announcements. The next Coffee with the Mayor will be June 17th at a new restaurant in town, Bliss, and that'll be at 9 o'clock. Everybody's welcome. We have good conversation, good questions, and a good exchange. So if you're around on the 17th, stop by. And also, Memorial Day we will be out putting up flags all around the fountain -- several thousand flags I believe the rotary is involved with. We'll be doing that at 6 a.m. And then as Councilwoman Kalivianakis mentioned, there'll be a ceremony at 9 o'clock at the War Memorial as well, so -- and that's all I have right now. Thank you. So we'll move on now to the Mayor's Business Spotlight. And so tonight, we're going to recognize a business that's been in the town since 2018, Guardian Training & Consulting. It's a veteran-owned and law enforcement-led safety training company based in Fountain Hills, Arizona founded in 2018, as I mentioned, by Josh and Karen Logan. The organization brings over 40 years of combined military, federal, and law enforcement experience to its mission of empowering individuals and families through practical firearms, personal safety, and emergency medical training. And Rick was just talking about one of the sessions that they hold on a monthly basis, "Stop the Bleed". So that's really important stuff to know. And so if you see that, you can sign up for those courses. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 7 of 48 As a certified USCCA training partner, Guardian offers a wide range of programs including concealed carry and home defense, AR-15 fundamentals, and emergency first aid. Their services extend to home security consultations and real-world use of force scenarios with training tailored to civilians, security professionals, and law enforcement. Beyond the classroom, Guardian is deeply rooted in our community service. Their non-profit initiative, Guardian First Responders, they actively support law enforcement and emergency personnel. One of their signature community efforts includes raising funds each year for the Fountain Hills first responder Christmas tree. And I've been a big supporter of that for many years, so we really appreciate the fact that you guys spearhead that and take that up for the community. It's great to have that blue tree down on the Avenue. Guardian's motto is, "What are you doing today to prepare for tomorrow?" It reflects their dedication not only to just training, but to building a safer, stronger community. And they're located now on the Avenue of the Fountains, 16704 East Avenue of the Fountains, Suite 105. So I'm going to ask you to come up. I'm going to present you this plaque, and then you can say a few things about your business, please. J. LOGAN: So Karen, let me speak first. Real boss. So I just want to say thank you guys. It's been a great journey. I retired from a local police department in 2020. We started this company in 2018, and now retiring from law enforcement, wife retiring from law enforcement, we love what we do. We love this town. It's funny because I worked in the Valley my entire police career, and when Karen retired from law enforcement, I said where do you live at? And she goes, Fountain Hills. I'm like, that's where all the old people are at. But the minute I came up here and a local B cop down in the valley, I loved it. The black Dark Sky community -- I worked graves and swings my entire career, so the minute I'd pull up 87 past the -- at about 1 o'clock in the morning past 87 and the Red Mountain, my blood pressure would drop, like, 30 points, because I'd see the glow of the Valley behind me and all the crap that's associated with it -- sorry -- and then I'd see in front of me the dark skies of TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 8 of 48 Fountain Hills. I love this town. So yeah, we're a full service training organization. Another thing that we do, just added, is expert witness testimony. So I do -- right now I'm working a couple murder cases right now involving self-defense. So yeah, please, if you need anything, get ahold of us. So I'll let the boss lady talk. K. LOGAN: All right. I'll be quick. Thank you, Mayor Friedel, for honoring us for the spotlight this month. We do provide training, civilian training, for those that are looking for just general safety and awareness all the way through to firearm training. So we're available. We love this town. We're here. We're not leaving. We're not going anywhere. I'm not retiring anywhere else. There's nowhere else you're going to go after this, right? So please reach out to use. We're on the Avenue. You can reach us at GuardianTraining&Consulting.com [sic]. Yup. And that's it. Thank you very much. Appreciate it. J. LOGAN: Thank you, Council. MAYOR FRIEDEL: So the next recognition that we have is our veteran of the quarter, and tonight, we're going to be honoring Capt. Bruce Kosaveach. Let me tell you a little bit about Bruce. Capt. Bruce Kosaveach was commissioned as Ensign in 1972 from the Officer Candidate School in Newport, Rhode Island. He attended the Navy Supply Corps School in Athens, Georgia, and was stationed onboard the guided missile destroyer USS Buchanan as a supply officer. Throughout his naval career, Capt. Kosaveach was a commanding officer of four units that integrated with the Fleet Logistics Center in San Diego, the Navy Petroleum Office, Fort Belvoir, Virginia, and then Naval Reserve Readiness Command Region 19 in San Diego. He was an executive officer of three units that functioned with the Defense Contract Management Command of the Defense Logistics Agency and served with the joint commands within the U.S. Air Force and the Army and Marine Corps. He served major roles in various exercises, including two RIMPAC's in Pearl Harbor, Hawaii, Operation Brimfrost in Fairbanks, Alaska, and two Keen Edge exercises in Yokosuka, Japan. Further training included course work with the Naval War College in Newport, Rhode TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 9 of 48 Island, and Naval Postgraduate School in Monterey, California. In October 1999, Capt. Kosaveach retired from the U.S. Navy in San Diego with 28 years of experience. Along the way, Bruce was also employed by two pharmaceutical companies and finally retired again after working 20 years with GE Capital. He came out of retirement in 2016 as the philanthropy manager at Lowell Observatory in Flagstaff until 2025. He has led two HOAs and is president of the Arizona Chapter of Military Officers Association of America and is the president of the Mountainview Presbyterian Church Foundation and serves as a philanthropy manager on the board of our very own International Dark Sky Discovery Center here in Fountain Hills, Arizona. So would you please help me welcome our Veteran of the Quarter? And Bruce, come on up and get this plaque and say a few words, if you would. KOSAVEACH: Mayor, thank you very much. I can't tell you how much I appreciate this recognition. And like you and I were talking about earlier, this should've been done years ago, I think, for a number of veterans. So I feel honored to be in that number. But thank you so much for this recognition. That's great. And thank you all to you too. I really appreciate it. We love Fountain Hills as well, moved here in 2019. My wife and I, Sherry in the audience, and we're not going anywhere either. In fact, this is my last move, folks, so I'm not going anywhere. I love it here. Don't forget the International Dark Sky Discovery Center. It's coming along if you've seen it on the -- as you drive by, it's being covered and so on, and so it's really coming along great. In fact, probably in the fall, we're going to be opening up about a third of it. You'll have the observatory, and you'll have a viewing terrace and so on, so that'll be great. And then later on, we'll have the other two-thirds of the whole discovery center. So it's something that Fountain Hills can be very much proud of. So again, thank you for this recognition. Appreciate it. MAYOR FRIEDEL: And on a night of recognition, we've got one more recognition. This one is really special because Dep. Voeltz, who has been with the town for seven years, is TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 10 of 48 going to be recognized tonight, and we have a nice plaque for him too. So let me read a couple of things about Dep. Voeltz. His service to the citizens of Maricopa County started in 1996 serving as a posse member before becoming a reserve deputy with the sheriff's office. His passion for professionalism led him to becoming a full-time deputy sheriff in 2004. During his career, Dep. Voeltz used his talents and interest to serve many specialized areas of law enforcement profession. He earned the position of detective for its specialized enforcement operations, worked with the superior court to support its operations, and covered assignments in multiple districts in Maricopa County. Dep. Voeltz displayed his commitment to serving the community and his coworkers in his profession by taking assignments dedicated to positive outcomes, both externally and internally, for personnel in the profession. These assignments include hostage and negotiator position and the crisis intervention team for the sheriff's office. Dep. Voeltz's career included many instances of recognition and awards for his performance with 17 accommodations and a nomination for prestigious higher award from the organization. Although today's recognition is for Dep. Voeltz's 20 years of sworn service to his community, his service to the community goes back almost 30 years and is highlighted with examples of the truest dedication to people by his actions. Congratulations, Deputy. Please come forward. And I know Sheriff Jerry Sheridan is in the room and also Cpt. Thomas. Would you come forward, too? (Pause) VOELTZ: To the mayor, members of the town council, my captain, my sheriff, all of our honored guests that are here tonight, you don't catch me often at a loss for words, but I kind of am at the moment. Well, let me close -- let me begin and close with a short story that I shared with my team at my cake and ice cream going away party last week. When I was a little kid and into my teen years, my father owned, like, four or five businesses. But when it came to hunting and fishing season, he always took time off, TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 11 of 48 and we had time together. And it was a really, really great time. Well, whenever we went out hunting or fishing, my father would always have me pick up garbage that people had left behind, and I argued with him. I argued I didn't do it. It's not my garbage. This isn't fair. I never won the argument. I always had to pick it up. Well, my dad died when I was 23 years old. And a couple of years after that, I was thinking about that instance, and I think I had an epiphany that I was trying to learn -- or he was trying to teach me a bigger lesson. And that lesson that I took from that -- those garbage picking up days -- was no matter where you are or what you do or where you go, try to leave it a little bit better than you found it. So my goal with the sheriff's department when I came on was to leave it a little bit better than I found it. So I tried to make as many contributions as I could. When I was assigned to Fountain Hills, my goal was to make Fountain Hills and the members and the citizens I ran into just a little bit better after I had had contact with them. So thank you for this award and thank you for letting me have an impact on your city. I appreciate it. Thank you, Mayor. MAYOR FRIEDEL: Thank you. Can the other deputies -- can the other deputies come forward so you can get a picture with your guy here? UNIDENTIFIED SPEAKER: Get on one side, I'll get on the other side. MAYOR FRIEDEL: Thanks, guys. (Pause) MAYOR FRIEDEL: And we'll move on to the proclamation tonight. So we have a national Public Works Week proclamation, which Councilman Watts is going to read for us. WATTS: So if Mr. Weldy would stand up? On behalf of the Public Works Department, as part of a May 18th of '24/'25 national Public Works week proclamation, whereas the Public Works professionals focus on infrastructure, facilities, and services that are of vital importance of the sustainable and resilient communities into the public health, high quality of life, and the well-being of the people of Fountain Hills; and TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 12 of 48 Whereas these infrastructure facility services could not be provided without the dedicated efforts of the Public Works professionals who are engineers, managers, and employees at all levels of government and the private sector who are responsible for rebuilding, improving, and protecting our nation's transportation, water supply, water treatment, and solid waste system, public buildings and other structures and facilities essential to our citizens; Whereas it is in the public interest for the citizens civic leaders and children of Fountain Hills to gain knowledge of and maintain an ongoing interest and understanding of the importance of Public Works and Public Works programs and their respective communities; and Whereas the year 2025 marks the 65th Annual National Public Works Week sponsored by the American Public Works Association and Canadian Public Works Association. Be it now resolved I, Mayor Gerry Friedel, do hereby designate the week of May 18th of '24/'25 as National Public Works Week. I urge all citizens to join with the representatives of the American Public Works Association and government agencies and activities, events, and ceremonies designed to pay tribute to our Public Works professionals, engineers, managers, and employees, and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life. In witness hereof, and under my hand, I caused to affix the seal of the Town of Fountain Hills, Maricopa County. Thank you for the recognition. MAYOR FRIEDEL: All right. We'll move on now to presentations. Mayor's Youth Council. Rachael? GOODWIN: Yes. Thank you, Mayor. You mentioned earlier we have our Mayor's Youth Council here tonight. They celebrated the end of their season. We have Skylar here to introduce us and give us a recap of what they accomplished this year. THOMAS: Awesome. Thank you, Mayor, thank you, Council, for having me this evening. My name is Skylar Thomas. I am one of the MYC advisors. In addition, I would like to also recognize Sarah Lind, recreation coordinator, and Kaitlyn Krushefski, recreation TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 13 of 48 assistant. They are also MYC advisors. And I'll also like to recognize two of our MYC members here. We have our MYC chair Milo Andree who's right there, and then we also have Daniel Williams, vice chair, as well. And he is also right here. So just a quick overview, I have a video for you tonight that's a recap of what MYC has done for the year 2024/2025. And so we have eight MYC members, and they have completed over 200 community services hours this year, ranging from Make a Difference Day, community events, and a Food for Kidz as well. And so I would like to play this video for you that MYC has helped create, and then we'll be able to answer any questions that you may have at the end. [VIDEO] THOMAS: Thank you. Any questions? Awesome. Thank you so much for having us. MAYOR FRIEDEL: Thank you. Very well done. And now we'll move on to the quarter three fiscal year 2025 revenue update. Rachael? GOODWIN: Thank you, Mayor. Paul's joining us tonight to give us a revenue update. I know you guys have heard a lot of budget, a lot of numbers, a lot of things, so we're limiting this just to, again, the third quarter, specific to the revenues coming into the town. Paul? SOLDINGER: Yes. Thank you, Rachael. It's actually required by our strategic plan as well, so I'll add that. All right. Mayor, vice mayor, and council, tonight I'll be providing a quarter three update on fiscal year 2025 revenues. Overall, we're still seeing some headwinds, in particular, February of 2025 was a contraction month with about 12 percent lower local sales tax revenues. That was also the first -- excuse me -- the first month the town no longer collected the long-term residential rental taxes. But despite that, February, January, and March provided some resilient revenues, and we're still 14 percent above our conservative projections for the year. So the town for the third quarter, the total net taxable activity was $192 million, about 2.8 percent lower than the previous year. However, you can kind of see what I just TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 14 of 48 explained in the graph. January and March were actually pretty good. But our February revenues came in at a disappointing level, well below 2024, but a little bit higher than 2023. For our total TPT collections, we collected $5.5 million, which is still $1 million more than our conservative projections, but a decrease of 1.5 percent compared to the prior year. For retail sales, which is our biggest category of local sales tax, we collected $3 million, about $330,000 more than projected, an increase of close to 2 percent compared to the prior year, which is actually a similar trend to what the state is collecting at the state level. They're trending about 2 percent so far this fiscal year. So we are tracking with the state relatively closely. Just something we've been doing this year, we take out the food tax just to consider local shopping trends without food tax. The funny thing about our food tax, which I will say is a little concerning is it has its -- is that it's been somewhat flat. It's actually a little bit less so far this year than last year. Typically, it goes up slightly because the cost of food has been going up, and people need to eat. So that's something to consider. Definitely seeing a little bit of contraction in our local food tax revenues. But without that, we have an increase of 2.5 percent of our retail sales without food taxes compared to the prior year. Remote sellers. If you recall from my last quarter two presentation, that actually decreased in quarter two by about 3 percent from the prior year. So we saw kind of a big recovery in quarter three where there was a large increase of 17 percent for remote seller's local sales taxes. So we are seeing, again, the trend starting to go back up to where people are shifting their spending to online spending. Construction sales tax. This is a little skewed. I mentioned this every presentation. You probably heard me say it many times. We had a little bit of a construction boom and construction costs the prior two years. So while our construction sales tax revenues decreased by about 26 percent from last year, we're still trending quite well. We've already collected about 1.9 million through the first nine months, which is already above TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 15 of 48 our full year conservative projections, and we collected 127,000 more than projected this quarter. So yes, there was a large decrease from the prior year, but we're still trending well with construction sales tax revenues. Utilities and communications. I will say this is the one kind of red flag for this quarter. Typically, utilities are pretty consistent. They slightly go up based on the cost of utilities slightly going up. People need utilities in their homes. But for this quarter, it actually went down by .6 percent. That could be an indication of our residents paying a little closer attention to their utilities. You know, turning the heat off sooner, things like that. So just keeping a closer eye on their utility bills. Definitely something to keep in mind. We did bring in less than projected and the decrease as I mentioned. Real estate. So just to keep in mind what we've been talking about through all the budget meetings, this was the year that the long-term residential rental tax went away. The state eliminated that about a year, a year and a half ago, and it would start in January of 2025. So you'll see it drops in February. February is based on January tax activity, so that's the first month you see the new -- basically, that's going to be our new baseline where we're going to be bringing in lower revenues for real estate rental taxes. However, as you can see, it's still well more than we projected because we took that into consideration into our projections that it would drop. So yeah, we'll just continue to talk about that, but that is all expected essentially. Restaurants and bars. This is a good surprise. Last quarter in the second quarter, our restaurants and bars had a bad quarter. They went down by 17 percent in my last presentation year over year. However, we had quite a bit of recovery for quarter three. We collected $430,000 of restaurants and bars local sales tax revenues, 71,000 more than projected, an increase of almost nine percent over the prior year. So great news, good for our restaurants and bars, and I hope that trend continues. Services. This was actually quite good. This is really our all-star category right now. This kind of represents our leisure and tourism-type activities. People come into the town to golf, stay in short term rentals, staying at hotels. We had kind of a blowout quarter TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 16 of 48 where we collected $765,000 for the quarter compared to $419,000 projected, an increase of almost 35 percent over the prior year. So it would be great to see that continue. But as you can see by the graph, it does kind of fluctuate based on the events going on. So definitely hopeful for continued increases in this category. Any questions on local sales taxes before I finish? No? Okay. Great. State shared revenues. As typical, they've been coming in pretty much as projected. State shared revenue for sales taxes, we collected 930,000 for the quarter, about 23,000 more than projected. Our state shared revenue for income taxes came in just about on par with what we projected at 1.26 million. Our HERF revenues slightly more than projected at 469,000 for the quarter. And we did get a little bit of a increase surprise at 346,000 for our vehicle license taxes. What I've been reading is that is kind of a macroeconomic thing across the country where, you know, people have been purchasing cars a little bit more to get ahead of some of the tariffs that have been discussed at the federal level. So we did see a little bit of a surprise there, about 40,000 more than projected. So with that, that's my quarter three revenue update. I'll take any questions you have. MAYOR FRIEDEL: I don't see any. Thank you, Paul. Good job SOLDINGER: Thanks. MAYOR FRIEDEL: And now, we'll move on to the call to the public. Town Clerk, do we have any speaker cards? BENDER: Mayor, we have eight cards. We'll start with Shelby Blecker and then followed by Cindy Couture. BLECKER: Hello, Mayor and councilmembers and staff. Shelby Blecker, town resident. I'm sure I'm not the only person in this room who's growing weary of the nonstop accusations leveled against the members of the town council. I love Fountain Hills. Frankly, having to sit through public comments filled with thin facts and out of context pictures has become truly cringe-worthy. Our town, in my opinion, can do a little more than acknowledge that these attempts to embarrass them are quite simply a monumental waste of our collective time. We see individuals arrive with printed TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 17 of 48 posters highlighting a momentary stance by a councilmember. Those of us who are present and know the truth of the situation know what happened. Then we hear accusations about broken campaign promises regarding fencing around a downtown project. The promise wasn't part of the platform, but we have complainers, many of whom have likely never taken to a shovel ready project or understand commercial real estate at all. They're just spewing ignorance. Let's not forget it was actually the prior mayor who did more to delay that project than anyone else here today. And let's talk about these ethics issues. You all get accused of saying or doing something that offended someone, and Gregg Dudash so aptly recently wrote concerning an end to the complaint game in Fountain Hills. Our ethics policy "wasn't a code of conduct, it was a weaponized suggestion box to uphold integrity while quietly eroding it". Regardless of where you stand on these ethics matters, can parliamentary procedure truly be weaponized? Majority rule is the very basis for nearly all the parliamentary motions. Now let's talk about facts. Specifically, facts that I believe have been misrepresented recently. According to Data USA and the Fountain Hills website, the median income of Fountain Hills is $104,000 some hundred and 88, not the 184,000 cited at the last meeting. Furthermore, while 50 percent of households here make $100,000 or more annually, over 22 percent earn less than $50,000. More data facts. Data USA indicates that 83.3 percent of homes in Fountain Hills in 2023 are owner occupied. But what about the 6-1/2 percent of our residents who live below the poverty line? That's over 1,500 people who makes up this group, primarily males aged 55 to 64 and followed by males age 65 to 74. That data is readily available. I also want to highlight the anguish of a local school teacher struggling with the lack of affordable homes, not just apartments in Fountain Hills. Did the prior mayor truly consider this when she supported a bond initiative that would raise property taxes making home ownership even less affordable? Let's not forget 34 percent of homeowners whose income is less than $60,000, 34 percent. Do they deserve higher TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 18 of 48 taxes in the form of property tax increases? We must view these facts not false narratives peddled by others and ask ourselves how are young families and children supposed to live here? Do we want to prevent young families from owning a home in Fountain Hills? Town councilmembers, Mr. Mayor, please keep these critical facts in mind when you are pressured by those who show up with stories but no facts asking you to raise sales and property taxes. And finally, let's stop wasting precious time to call the public to embarrass our town, our mayor, and our councilmembers. Thank you. COUTURE: Mayor Friedel, council, I'm Cindy Couture. I'm a Fountain Hills resident, and I'm here for a couple reasons. The first is I love the new spotlight of businesses and people. I think that's a really good idea. I've learned about a lot of businesses and people who live in town, and it's impressive. I'm just wondering how the selection is done. Is it a mayor's choice, or is there a committee or a group or what? And I would like to suggest a change in the procedure if it's just one person's choice. I would love to see it broadened. For example, you might pick town groups to make a decision about people that are in their group. You might have something like mobile meals, pick their longest serving volunteer. The VFW might pick a person to -- a service person to honor. You could have the people in Dark Sky or Golden Eagle Foundation choose their best volunteer too. And the businesses could be chosen by our town's chamber of commerce. You could even have various churches sponsor their most active volunteers. So it's just a suggestion. I think it would make the spotlight a little bit more meaningful because it would be awarded by a group of peers. So you know, just my take on it. Thank you. MAYOR FRIEDEL: I will respond to that for you. The mayor makes no decision on any of those awards. Those are all done by committee. We have the VFW, the American Legion Post, and the Marine Corps League that weigh in on the veteran of the quarter. And then our economic development department picks the business spotlight. So the TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 19 of 48 mayor has no input. Thank you, though. BENDER: Steve Baggio followed by Susan DeGennaro. BAGGIO: Mayor, vice mayor, council., people at home, people here, I'm here just to talk about the summer and a couple things coming up. I don't know if it's possible; I don't know if we do it. But flag day is June 14th, and I was seeing if possibly -- I don't know if we do it like I said -- if we could have the fountain red, white, and blue that day, you know, to eliminate -- to illuminate the fountain and the beautiful country and our flag that we're so proud of and this beautiful country. And this might be pushing it, but if we could have Free Bird playing every hour when the fountain goes off, you know, I'd really appreciate that, you know, so. But anyway, so that's just my suggestion. I think we do it on the Fourth of July, but you know, Free Bird. Anyway. And the second one is with fire season coming up, I was wondering about the code red we used to have. And it would be, like, a phone call that you would get if there's a fire coming up or if there's an emergency situation, and I haven't heard that much about it. And the reason I'm saying that is because a lot of people in this community are elderly so they're not always online 24/7 to get updates. So I was seeing if with fire season and prevention if we could somehow look into having a system like that or implementing it so that way -- you know, God forbid there's a fire again close by -- that our residents are prepared just in case we do have to evacuate, God forbid. You know, hopefully that doesn't happen. But that's pretty much it. You know, the fire season's really -- you know, and you take it seriously, Mayor, and everybody here does. It's just something I think we should focus on, especially if we do have another drought. So thank you very much, and I hope you all have a wonderful summer. DEGENNARO: Hello. Sorry, first time. My name is Susan DeGennaro, and I'm a six-year resident of Fountain Hills. I have tried to contact Representative Schweikert with my concerns, but I have had no luck. So I am bringing them to you and hopefully to everybody online. I'm here to talk about the GOP budget bill, actually. It's over 1,100 pages long and filled TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 20 of 48 with devastating cuts to vital programs in exchange for tax cuts that will disproportionately help the rich. The plan is so unpopular that the Republicans are taking another vote tomorrow morning -- literally, tonight/tomorrow morning, 1 a.m. -- and it feels like they're trying to hide it, so I'm here to talk about it. After tax income in this budget for people making less than 12 -- sorry, $17,000 a year will lose $1,000 in take-home. People making between 17,000 and $51,000 a year -- which we just heard were a lot of people who live here -- will lose $700 out of their take-home. People making over $400 million a year will gain $389,000 a year, according to this budget. Forty-four percent of all American children benefit from Medicaid or SNAP, and this budget guts both of those programs. Yes, the party of American and family values is putting 34 million kids' healthcare access and food security at risk by this bill. There is a carried interest loophole that lets private equity executives pay lower taxes, treating their incomes as capital gains. This bill makes devastating cuts to social programs while leaving this loophole -- which President Trump promised to end -- it leaves it intact. He promised to bring home -- to bring down the cost of housing, and this bill slashes rental assistance, ends tax breaks for predatory landlords, and restricts state governments from cracking down on rent gouging AI programs. While millions get kicked off healthcare and lose critical food assistance, this bill enables the super-rich to continue to pass down their wealth tax-free. They also plan to sell off public land and water and things that are essential to us as Arizonians to make the state as great as it is. What I'm most concerned about is that Donald Trump ran for President on the promise to protect Social Security. This budget breaks that promise. It keeps funding at Social Security flat, which is a de facto cut. That's money that residents in this town can be spending here. I urge everyone to contact Representative Schweikert and tell him to say no to this budget. I hope that you on the council will do the same to protect our citizens in Fountain Hills and everywhere in Arizona. Thank you. BENDER: Wendy Dachel followed by Ed Stizza (ph.). TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 21 of 48 DACHEL: Hello, Mayor, councilmembers, staff, residents, my name is Wendy Dachel. I've been a resident for 22 years. And I was raised with a strict and fair moral code, which meant that laws and rules are there for a reason and everyone is expected to abide by them. As a Silver Falcon awarded high school teacher in town here, one of my priorities was to include these principles to my students. Although my subject matter was very important to me, it was almost just as important to make them citizens that would contribute and be kind, et cetera. Seven months ago, I left Fountain Hills Physical Therapy and discovered that my car had been rammed into quite forcibly. Was there a note on the windshield with an apology and contact information? Of course not. I thought what kind of a scumbag, low life coward would do such a thing? To me, it's just horrible. I just can't imagine doing that. Well, I never found out who that person was, and I was responsible for over $2,500 of damage. Subsequentially, I paid a special attention to the sheriff reports in our local paper and saw that at least twice a week there was a report of a hit and run. Well, now we have a high-profile case bringing negative attention to our community. I don't appreciate this. It's getting really old, but it seems to me that this is representative of our current country's disposition. Take no responsibility for your actions, think you're above the law, have no remorse for damaging other's property, and I'm very sad that this brings, again, negative attention to Fountain Hills. Although Mr. Skillicorn does not represent me, he does represent the town, and I would urge him to resign to avoid more embarrassing news that makes us look really bad. Thank you. STIZZA: Good evening. Mayor, town council, staff, and the public, both seated here and at home watching, hopefully. So talk about bringing negativity to the town, boy, that just typifies it right there. It's sad to see that type of stuff because it just makes it worse, any sort of negative comments like that. So last night, I had just an absolute beautiful drive into Fountain Hills. And I came back TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 22 of 48 in the town, and it was close to right before dark. And I was able to drive down the Avenue of the Fountains and what a glorious site to see. Nice and clean. Grass was nice and green. Nice and open. Everything looked great. I mean, it was just absolutely beautiful to see a bunch of the public walking through the town on the sidewalks. Everybody was smiling and happy. So I just wanted to say that everybody needs to appreciate Fountain Hills, that we live here, and get out of this negativity that we are seeing constantly. And hopefully, everybody can take a nice look at where we live and really appreciate it. But thank you all for what you do. Have a good night. BENDER: Lori Troller, and the last speaker is Crystal Cavanaugh. TROLLER: Good evening, Council. Lori Troller. Tonight my issue is just a clerical issue. When you go into the agenda and for all the meetings for the town, particularly the town council meetings, the transcriptions aren't always searchable. These things are over 100 pages, depends upon how lovely our meeting was, right? So I'll just do a quick rundown for you just for the record if you want to play it back. October 2024, that's pretty good. It starts on November 19th. That's actually searchable, but it's sideways. Not too useable. November 20th, you can't search. December 3rd, you can't search. December 17th, you can search. That one's okay. January 4th. And then all of February you can't search. And then there's -- March 4th is searchable, and I couldn't tell you March 18th, but it's really easy. I'll just hand you this. And then there's no transcripts for April yet, but I think that's normal. So it's just a clerical issue. If we're trying to do any research on the transcripts through the town -- I don't know what's with those documents, but if we can get those -- most of the other documents if they aren't town council are searchable. So it's just particularly those. So that's it. Thanks. CAVANAUGH: Well, now that the door has been opened, I'd like to say I think it was exceptionally inappropriate for sitting Councilmember Kalivianakis to give a quote to the Arizona Republic that not only identified her as a rival councilmember, but then point blank quoted her as stating Allen refuses to take responsibility for Allen's actions. The fact he would flee an accident scene fits right in line with other things I've noticed about TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 23 of 48 his character. This was outrageous character assassination before the facts are actually known. It was very unprofessional not to reserve judgment until that time. And this holds to members of the public too, who also have not been presented with facts or specific details. And speaking of newspapers, how was it appropriate for our local paper to print Councilwoman Gayle Earle's name in an article last month while pairing it with an accusation that she made false claims regarding services and billing from our last attorney? The article indicated that Pierce Coleman itself terminated its services with the town on April 16th, but it was then suggested that there were personal reasons for her audit. Was there not another valid reason to review the short two-page contract and services? Did Pierce Coleman provide any specific information to counter the billing information the councilwoman had put together? For them to dismiss it and label it false without providing anything further wasn't appropriate. Was the legal services contract ever reviewed prior to Councilwoman Earle doing so? The contract was entered into approximately six years ago. I do know that when I personally FOIA'd it, I received the very same original contact from 2019 with no updates included, and that was quite a while ago too. And then it was re-FOIA'd. From various comments and posts and even from certain councilmembers, there have been some conflicting interpretations of this so-called audit, or more simply put, this contract review. Any misinformation about such an important topic is not helpful with transparency of the facts. Clearly, there was some basis that triggered this audit. Perhaps the council and newspaper should do a deeper dive into the various aspects of this situation and not draw premature conclusions about sitting Councilwoman Earle's motivations or findings. Her finding should simply be a jumping off point that encourages further investigations such as should be done with all town contracts. Thank you. EARLE: Mayor -- MAYOR FRIEDEL: Town -- TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 24 of 48 EARLE: -- may I respond? My name was called. MAYOR FRIEDEL: Councilman Earle, you have something to say? EARLE: Yes. I want to make it very clear that the contract -- now we can talk publicly about it because FOIAs have been requested. And the contract that we have from 2019 does state that it would be reviewed every year. And it was not reviewed. So as a councilmember, this is our job to review it. And I want to make it really clear that yes, we did agree to pay the 234,000 a year. So there was no fraud, no illegal activity done. Therefore, it did not warrant a forensic audit, which would be for if there was something fraudulent. The objective of this was to determine if the flat rate was beneficial to our town versus the hourly rate, and that's what my review audit did. I went through 65 months of invoices, calculated them out, and that's where we came up with -- or I did -- came up with the number that compared to the flat rate versus the hourly rate, it was in excess. We paid an -- of course we agreed to it, so it was not wrong -- but we paid an excess of 320,000 over the 65 months. Now that wouldn't be a problem because we agreed, and we could've discussed that. But the attorney chose to terminate before we had a chance to discuss it because there wasn't time that night and to come back and discuss it. So that's what the objective of it was. Thank you. MAYOR FRIEDEL: Thank you. Town Manager, it was brought up about Flag Day, June 14th. Can we see that the fountain is red, white, and blue on that day? Thank you. So that will be addressed. Thank you for bringing that up. And we'll move on now to the consent agenda items. Can I get a motion to approve the consent agenda items -- LARRABEE: Move to approve. MAYOR FRIEDEL: -- 1 and 2. LARRABEE: Sorry. MAYOR FRIEDEL: Okay. We need a second. KALIVIANAKIS: Second. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 25 of 48 MAYOR FRIEDEL: Roll call, please? BENDER: Councilmember Skillicorn? SKILLICORN: Yes. BENDER: Councilmember Watts? WATTS: Yes. BENDER: Councilmember Earle? EARLE: Yes. BENDER: Council Kalivianakis? KALIVIANAKIS: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, six-zero. MAYOR FRIEDEL: Thank you. We'll move on to our regular agenda items. And we've got consideration for approving Ordinance 25-05 amending Town Codes Chapter 9, Article 9 through 7, Trees. Rachael? GOODWIN: Thank you, mayor. I'm going to ask Director Snipes, I believe is presenting this item tonight. This is an update of our code to institute some procedure so that we have some recourse if our trees, which are a big asset in our community , if they're damaged or otherwise mistreated. Director? SNIPES: Thank you. Mayor, Council, tonight we're looking at adding a tree ordinance to our Town Code. It's something that hasn't been in there in the past, which meant that we were underprotected when we have different contractors coming in or utilities coming in and doing work around town. What this does is it calls out specific ways that trees are and are not allowed to be pruned as well as if, say, a contractor were to come in and dig a trench around a tree and cut the roots around it that eventually kills the tree, then we'll have a valuation done on the trees to where that we actually get the TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 26 of 48 value of the tree versus them coming back and going my bad and giving us a 15-gallon tree for a 50 year old tree. That's not a fair trade. So we want to make sure that we -- we have this in place. And it's for use for all of our departments. It's not just parks. It'll be our parks, and our Public Works Department will be the administrators of this. We have it set up where it could be a town designee or an arborist that can do this due to judgments on what's going on in the field. There are penalties that follow our Town Code for noncompliance. It's been a long time coming that we need to protect such a valuable asset as our shade trees. We know how long it takes for our small trees to become shade trees. And so when we get them there, we want to make sure that they're protected as a valuable asset. With that, I'll take any questions. MAYOR FRIEDEL: Vice Mayor? LARRABEE: Just for the good of the order, it says that we would be asking the town arborist if we wanted to plant, say, an orange tree on our property in the right-of-way. Who is our town arborist? SNIPES: So the way that the arborist is written in the definitions in this is that it can be a town arborist or a designee, an employee designee. So it just depends on what we have on staff at that time. It could be that it's a superintendent. It could be that it's a director. And it could also be a town arborist or it could be a hired arborist to help us out making those decisions. LARRABEE: Okay. So theoretically, if there's a resident who after we pass this needs to reach out to whoever we do have, are you the one we reach out to right now or who would that be? SNIPES: So this is not for residents. This is for town-owned property only. It could be a park. It could be a right-of-way. It could be a median. So this is guided for our town assets, not for a resident's house. LARRABEE: I apologize. I understand. However, we do have our section regarding right- of-ways, and the adjacent property owner being responsible for maintaining those trees should they be on their property but in the right-of-way. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 27 of 48 SNIPES: Right. Um-hum. LARRABEE: In that scenario, if they are looking to plant a tree, acceptable tree species require written permission from the town. So just who would someone reach out to if they had a question? SNIPES: It would depend on what it was going into. So if it was in a right-of-way scenario, it would come through the Public Works Department and Justin. If it was in a parks scenario, then it would come through the Community Services Division, and it would come through me. LARRABEE: Got it. Okay. SNIPES: Um-hum. LARRABEE: So for those watching at home, Justin's your arborist kind of. Okay. MAYOR FRIEDEL: Councilman Watts? WATTS: So Kevin, is there a list of pre-approved trees? SNIPES: There is. WATTS: You've got one. Is it published somewhere? SNIPES: It's listed in the ordinance itself. It says exactly what we would use. Let's see here. WATTS: I don't really need to know them all. I just want to know that it's -- SNIPES: Yeah. WATTS: -- there. SNIPES: Yeah, it's in there. WATTS: Okay. Thanks. SNIPES: Yeah, we have a list of trees that's updated on a regular basis statewide, and that's what we'll be using. Um-hum. MAYOR FRIEDEL: Are there any speaker cards? BENDER: No, Mayor. MAYOR FRIEDEL: No? Okay. MAYOR FRIEDEL: Councilwoman? KALIVIANAKIS: Thank you, Mr. Mayor. I'd like to move to approve Ordinance 25-05 TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 28 of 48 amending Chapter 9, Article 79, regarding trees. EARLE: I will second that. MAYOR FRIEDEL: Can we have a motion and a second roll call, please? BENDER: Councilmember Earle? EARLE: Aye. BENDER: Councilmember Skillicorn? SKILLICORN: Yes. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Watts? WATTS: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, six-zero. MAYOR FRIEDEL: Thank you. SNIPES: Thank you. MAYOR FRIEDEL: And we'll move on to 8B, which is consideration for action for Resolution 2025-07, project agreement with the Maricopa Association of Governments. Rachael? GOODWIN: Thank you, Mayor. Justin's going to be presenting tonight on a grant that I know we've talked about quite a few times, actually, and it's finally come to fruition regarding sidewalk design I believe along Parkview. Is that right? If you can share the details with us, that would be great. WELDY: Mr. Mayor, councilmembers, thank you for the opportunity. Grants are a wonderful thing when they provide a benefit. Oftentimes, they can be challenging. And we've had this discussion in this room and in the building and in the town. It requires a considerable amount of staff time to prepare all the documents and TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 29 of 48 submit for these grant applications. In this particular case, this grant application is not as complicated and time consuming, but it did require an application two times. The first time, as part of the scoring process, the town did not get a high enough score for the committee at MAG and the projects moved forward that were selected. Some or all of those projects either had surplus money or there was available money left over that was not for a project that was selected. As an end result, it's called closeout funding. We are the benefactor of that closeout funding. This particular project has been discussed in great detail regarding the downtown. There were open meetings. There were concepts. There were meetings at the community center with TAMA, the Chamber, and open houses that discussed possibilities for the Avenue of the Fountains, Verde River, Parkview. In this particular instance for this grant as that process was underway, we had applied for this two years before that process started. Through discussions and direction, the council gave direction for staff to move forward with the concepts for Verde River and Parkview. That's what this grant is. This is a 15 percent design concept grant. It's a lot of money for what sounds like 15 percent for MAG to be paying nearly $100,000. A moment to explain that. An incredible amount of legwork is necessary that includes a lot of survey and a lot of utility locating and identifying information. And we are thankful that the majority of that is going to be addressed through this grant. It's important to note if this grant is approved and as we move forward as part of next year's budget and budget items in there, we will roll right into the 60 and 90 percent design utilizing another firm through our selection process. And again, the key legwork and a lot of the data and technical challenges will be accomplished with this. The next portion will get us that much further. Lots of talking. Any questions that I might be able to answer? I'll do the best I can. MAYOR FRIEDEL: Councilwoman Earle? EARLE: I have a few questions. This is the right one; you're just not showing the TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 30 of 48 pictures, right? Do I have the right one for here? I believe I do. We're working on the -- what I see here, a lot of residents are saying they don't want to get rid of the palm trees. Is this just pictures we have here or we -- GOODWIN: This is not -- this is on Parkview. EARLE: Okay. It is Parkview. GOODWIN: Okay. EARLE: It does say Parkview. GOODWIN: Okay. I just want to make sure. EARLE: Yeah. So it does say Parkview. Are we still deciding to do that, or is this just preliminary just an idea? These are ideas? Because I see the palm trees are removed, and there's no bike lanes anymore. The pictures show the bikes riding where the cars would go. Are we sticking with all of that? Or is that -- is this still just open to not -- WELDY: Mayor -- EARLE: -- not permanent? WELDY: Mayor and Councilmember Earle, so I'm not sure what concept you were looking at there. In regards to Parkview and Verde River, there are a very, very limited number of palm trees. But as part of the conceptual design -- EARLE: But it says Park -- WELDY: -- nothing will be slated -- EARLE: -- Parkview. WELDY: -- for removal. EARLE: Right here, Parkview. WELDY: And again, I'm not sure what concept -- EARLE: Okay. WELDY: -- or what version of the concept that is -- EARLE: It's in our packet. WELDY: -- but there is very little informa -- EARLE: Okay. WELDY: -- or very few palm trees along Parkview and even less on Verde River. So the TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 31 of 48 initial plan is -- EARLE: Okay. WELDY: -- no, is not to destroy anything right now. This is -- EARLE: And then -- WELDY: -- a planning process -- EARLE: Um-hum. WELDY: -- that will once again later on in the design come back for final approval. EARLE: Okay. Because I was -- I just like all the extra parking but was concerned that there's no bike lanes anymore where the -- I think we have a lot of bikers -- bicycle riders. So okay. MAYOR FRIEDEL: Vice Mayor? LARRABEE: Just piggybacking off of Councilwoman Earle because I realized the same. The design in our packet is not a design we're about to pay for the design, correct? Okay. WELDY: Mr. Mayor, Madam Vice Mayor, that is correct. So those are the concepts. The design process is going to move forward from here to the 15 percent mark. LARRABEE: So just to make sure everyone's mind is at ease, no plans to get rid of the bike lanes? WELDY: So we currently do not have any bike lanes on Parkview or Verde River. Those are bike routes. LARRABEE: Ah. Okay. So there's -- that's correct. You know what, I'm thinking of the wrong -- okay. So there's not currently a bike lane on those roads. Are we adding a bike lane? WELDY: So the design and whether or not you make it a route or a lane is really critical. So adding bike lanes where there is a considerable amount of cars parked -- let's pick the Avenue of the Fountains -- historically is not a good idea -- LARRABEE: Okay. WELDY: -- because the bike lane would be directly behind the vehicles. There has been discussion in the past about moving it to the left side of the road. That causes confusion TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 32 of 48 because cyclists entering and exiting that area will have to diagonally cross. So for the downtown area as a whole where there's a lot of angled parking or parking in forward, there are no bike lanes for safety reasons. If it's parallel parking or curbside parking and there's an opportunity for a bike lane and lower speeds, we'll take advantage of that. LARRABEE: Okay. Thank you so much, Justin. I appreciate it. And I realize that when we're building a packet in general to illustrate projects we're going to do, it's kind of hard when we don't have a design. And so I know that I did it on Avenue of the Fountains. It's easy to do on the Parkview. So for anyone who sees our packet, don't panic. Okay. MAYOR FRIEDEL: Councilwoman? KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, just so we can focus on what we're discussing here tonight, this was all covered by the strategic plan. For years, we've been talking about gap elimination. We've been given a lot of grant money; we spent a lot of the money. This is simply for connectivity, I believe, in our town to a better design which has been part of the general plan, part of the strategic plan, connectivity, safety, and improved walkability. So we do have letters in our packet from support from Tract 208, it's letters of support for the Chamber of Commerce, letters of support from TAMA, who are the business owners that work and have businesses in that community. So it seems like this is pretty much widely approved by the community. So based on that, I would just like to move to approve Resolution 2025-07. EARLE: I will -- MAYOR FRIEDEL: Before -- EARLE: -- second that. MAYOR FRIEDEL: So we have a motion -- EARLE: Sorry. MAYOR FRIEDEL: -- and a second. But before we get to that, do we have any comment cards from the public? TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 33 of 48 BENDER: No, Mayor. MAYOR FRIEDEL: Okay. Thank you. So we have a motion and a second. Can we get a roll call, please? BENDER: Councilmember Skillicorn? SKILLICORN: Yes BENDER: Councilmember Earle? EARLE: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Watts? WATTS: Aye. BENDER: Vice Mayor Larrabee? LARABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, six-zero. MAYOR FRIEDEL: Thank you. Justin, you're up for the next one, too, which is approving additional funding for our capital improvement project, D6057 for Golden Eagle Impoundment Project. Rachael? GOODWIN: Director, take it away. WELDY: Thank you for the opportunity again, Mr. Mayor. First of all, I'd like to thank whoever decided to place each one of these agenda items the way they are. A gift of money, and then here I come. Historically at this point, I would hold out my hand with a proverbial hat. Tonight, the proverbial hat is simply not big enough. This is a truckload of money, and we take that seriously. I along with all of the staff behind me, the staff still working upstairs, the town manager, and all this council are stewards of the peoples' money, and we don't spend it frivolously. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 34 of 48 In this particular case, the design alone took multiple years and had several different changes throughout that time frame. As a reminder, the Golden Eagle Impoundment is an area behind Gold Eagle Dam designed to prevent downstream flooding that could result in the loss of life or homes. There was a decision early on when the town was a much younger town to build a park in there with the understanding that at times that park would be flooded with backwater. A little bit of clarification on backwatering. Backwatering is when the water flows up to the dam. And as it checks up to the dam, it begins to gently just fill the area. That is what it's intended for. Unfortunately, because of the original design, we had outbreak. I send videos to Kevin on a regular basis of that water breaking out of those washes and across those ball fields. That's what happens when you have a design that's not quite or nowhere near what is necessary for the capacity for unusual weather patterns. As of recent, Kevin and I, including several in-depth and heated discussions with the town manager and the chief financial officer about the cost of this project, I was asked several times over the last several weeks, are you comfortable with this? Are you comfortable with this? I repeatedly said, no, no, no, no, no. And the reason for that is we were about 90 percent on this project. And just a week before last, Kevin and I discovered some other things that are going to cost a little bit of money, but within this budget that needs to be addressed. As we have been moving forward through this design and eventual construction projects, I think it's important to note this started as a flood control project to protect the property and the investment that as we know as Golden Eagle Park. We quickly discovered that the design of the park in this impoundment area early on didn't take into account any expansion for flood control. And it became not only a flood control project, but a necessary -- not park improvement project, but improvements to the amenities that support the park. Keep in mind the project is not planting any grass or putting up any fences or scoreboards or anything like that, nothing new. We are simply protecting the infrastructure that services electrical and irrigation. It's a complicated process, lots of days, weeks, hours, months, and now years. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 35 of 48 As I come to you tonight, I feel comfortable that we are getting close to the finish line. And I'll state this publicly, I am not comfortable that this ask is for enough money, but I believe based on all of the math that has been done by several people that we have adequate funding. In the event that that is inaccurate, I will be right back here again. I'm hoping that will not happen because we are down to the last probably five weeks of this project until we reach substantial completion. A big ask. We are aware of it, and we understand it as stewards. So we ask for your consideration to approve it so we can keep moving forward and finish this project. With that, I'll do my best to answer any questions I can. MAYOR FRIEDEL: I don't have a question, but I have a comment. I've been out to this project with you several times. I've seen the scope of this project, the size of the -- and the amount of work that has to be done out there. So I'm in favor of getting this project finished and finished the right way. So with that, I'll ask Councilwoman Earle, do you have something you need to ask? EARLE: Yes. I see you were going to get 100,000 from the Panorama Park Project . Is that an excess that we had left over from that project? WELDY: Mr. Mayor, Councilmember Earle, in fact, that park has been completed -- EARLE: Um-hum. WELDY: -- and that's unspent funding from that. EARLE: Okay. And then the other 200,000, is that something we have in the capital project fund that was not -- I mean, that -- we have excess in there that wasn't set aside for something else, or are we going to take it away from something else it was planned for? WELDY: Mr. Mayor, Councilmember, that is funding that is already set aside in the capital that is unspent from other projects. EARLE: Okay. WELDY: So it's already budgeted in capital. EARLE: And then also, did you get -- see, Paul? Up and down. Up and down. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 36 of 48 I'm just wondering about, like, bids on this. Was this -- or did you just -- for the making sure about the other extra 300,000. So go ahead, Paul. Sorry SOLDINGER: I've been promising Justin and Kevin I wouldn't just jump up here like this, so I try not to. But just to clarify that last comment, the 200,000 is coming from our leftover contingency in the capital projects fund. It's the last of it. So that's why we needed 100,000 from the Panorama -- EARLE: Okay SOLDINGER: -- Project, which has been completed. So -- EARLE: Okay. WELDY: To answer your question, Councilmember, when a project is underway and you have a general contractor already there, you do not solicit additional bids for the work that they've encountered as part of that. However, there are unit prices associated with the lion's share of the work. And for each individual component including, but not limited to, concrete, PVC, valves, and sprinklers, they are required to provide pack up documents. And then the Maricopa Association of Government prints specifications that include language about how much above overhead they can charge, which is 10 percent, and for parts and labor, 15 percent. So we keep that in the checks and balances. There are a few circumstances in which we are paying just slightly more than that, but we're trying to stay with the MAG policy as much as possible and the unit pricing as much as possible. EARLE: I just want to make sure they're not charging more because we're a municipality. WELDY: So the process doesn't work like that. EARLE: Okay. MAYOR FRIEDEL: Councilman Watts? WATTS: Justin, I think you really answered the questions, but I'm going to paraphrase again. Due to the expansion of the scope of the original project, you encountered some of these change orders that normally would have been -- I would have anticipated they be included in the original estimates, but they aren't because the scope somewhat TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 37 of 48 creeped. And I'm glad to hear that similar to, like, an AIA contract you got a markup on parts, labor, et cetera, that's already defined, so then you get backup documentation. Is that a fair statement, both sides of that? WELDY: Mr. Mayor, Councilmember Watts, that is correct. Not only do we have unit pricing, but we have MAG to back us up because they sign an agreement that states we are going to be using MAG. Also, we have data from earlier on that we believe to be accurate. And I'm just going to give you a couple of quick examples. We paid during the design to have the water mains for the reclaimed water that waters that park potholed. We potholed it at location A. We potholed it at location B. Unbeknownst to Kevin and I, in between A and B they must've found a rock, a tree, or somebody fell asleep, and it went from 17 feet deep to two feet deep. So just little stuff like that now requires that to be realigned. In today's standards, we can't just simply throw some PVC pipe in there. I'm going to get a little bit technical here, but it requires mechanical fasteners and devices to keep it from blowing apart because we're putting in a dip section is what the technical term is. So yes. WATTS: Thank you. MAYOR FRIEDEL: Vice Mayor? LARRABEE: Well, Justin, I just want to thank you for your diligence and your transparency on this project. It can't be easy coming back and asking for more with -- I'm sure this has been a very frustrating project for you and your staff. However, I recognize the importance of it even from a safety perspective, not just protecting our amenities. And with that, I'd like to motion to approve the extension or -- not extension, but what's the proper term for this? The additional funding for the Capital Improvement Project D6057, and I think we speak for all of us that it feels good to be toward the home stretch of this. That was a motion. MAYOR FRIEDEL: Councilwoman? KALIVIANAKIS: Thank you, Mr. Mayor. Yeah. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 38 of 48 EARLE: I'll second it, if you want. KALIVIANAKIS: I'm going to be voting yes on this too. I certainly appreciate your reticence to come before this body and ask for this kind of money given the scope that of that project and what it's cost this town before. So I can appreciate your coming here. Unanticipated construction cost is always the last thing people want to hear. If you take a bid on getting your roof repaired on your home and they bid it for 15,000, then they start doing the work and they said oh, there's structural damage, we need another seven, that's when people go crazy, and they don't appreciate the extra cost. But that's just part of doing business, and especially for remediation of this kind of drainage. You know, it's been going on for a long time and after the hundred-year flood, you know, this has just been a constant ask. So I share the vice mayor's -- I hope this is a last ask for this project. I know it could be a cautionary tale for future projects like the Shea widening, Palomino. I know the community centers had a lot of overruns and even the --the downtown plan that has anticipated to be 10,000. And that's another one we can see more overruns just based on what's on the ground. But in this case, you know, that's a cautionary tale for future spending. But on this one, normally it's like we have to make difficult decisions here. This is actually a pretty easy decision. We have to finish the project, and the funding's got to come from someplace. So thank you. MAYOR FRIEDEL: All right, Justin. We appreciate your transparency with this too and bringing it back to us. Town Clerk, we have a motion and a second. Do we have any comment cards from the public? BENDER: No, Mayor. MAYOR FRIEDEL: No? Okay. Can we get a roll call, please? BENDER: Councilmember Watts? WATTS: Aye. BENDER: Councilmember Kalivianakis? TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 39 of 48 KALIVIANAKIS: Aye. BENDER: Councilmember Skillicorn? SKILLICORN: Yes. BENDER: Councilmember Earle? EARLE: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, six-zero. MAYOR FRIEDEL: Thank you. And we'll move on to item D, which is discussion and possible direction and review of existing town travel procedures. Rachael? GOODWIN: Thank you, Mayor. If you recall, this was an item requested by Councilmember Skillicorn reviewing the travel procedures. Granted, we did not discuss whether -- you know, what the context of the question was. What has been included here is the procedure and the policy as it relates to staff. We have a pretty rigorous policy with several layers of approval and review through our managers, our directors as well as up to myself. The question may have been more specific to our councilmembers. If it was, there is no specific policy that the councilmembers currently follow. It is usually left to each member individually to participate in travel and training when it comes to these things. With that, Paul is here to present and share any details about the policy. Otherwise, I will turn it over to the council for discussion. SOLDINGER: So Mayor and Council, I do have the documents uploaded in the agenda packet available if you'd like me to open and review them. But in general, Rachael pretty much stated a summary of the materials. So we have a travel procedure for staff that was approved by the former town manager in 2016 that we follow. We update the TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 40 of 48 forms on annual basis. Just some key points, we do require pre-authorization for travel outside of Maricopa County as well as out-of-state. And that's on a form. It's required to be approved by the department director or the town manager for out-of-state travel. For example, if I travel as a department director, Rachael, the town manager, would pre-approve my travel, and that would include an estimate of travel expenditures on that form. We also have form for mileage reimbursements that uses the annual federal guidelines for mileage reimbursement rates. And the other form is a reimbursement form in case there's reimbursements. Typically, that's for per diem for meals and/or the mileage associated with it. So that's what we do have currently, and I have the documents available, and I'm here to answer any questions you have. MAYOR FRIEDEL: Councilman Skillicorn? SKILLICORN: Thank you, Mr. Mayor. Thank you staff. That was great reading the details. It's a very thorough policy. I think everything has really covered it. And really, my intent was to talk about the -- you know, for elected officials, you know, it looks like everything's handled for the staff, and it looks like there's really no loopholes or avenues for abuse there, so that's a good thing. But really, I mean, we do get a generous stipend. So I'm concerned about this travel staff. So we can have access to town vehicles. We shouldn't be -- need to be, you know, using our own vehicles for miles. If we basically follow that procedure the staff already has, you know, we're already one step ahead of the curve. And then, you know, the only other thing I can think of is like, overnight stays in hotels if we're, like, within 50 miles or something, you know, that's just wholly inappropriate. So I would actually like to add an addendum to this that elected officials don't get travel reimbursement under 50 miles and elected officials don't get to actually submit receipts for any housing like, hotels and things within 50 miles. So that would be my motion on this particular item. LARRABEE: I'd like to second that motion. GOODWIN: Just to be clear, this item isn't agendized for motions tonight. It's for discussion and direction. So we can certainly bring that back as an agendized item for TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 41 of 48 that. EARLE: Yes, I agree. I'd like to have it come back. MAYOR FRIEDEL: Okay. So we'll bring that back. Okay. SOLDINGER: I guess Mayor and council, just real quick, one question. Would that come back as an official, like, resolution and policy? Or would it be just amending this administrative document all based on the future direction? Like, what would you envision? MAYOR FRIEDEL: Do we need a separate document for council? GOODWIN: I think it would probably be helpful so that you guys can make sure to discuss it and approve -- MAYOR FRIEDEL: Yeah. GOODWIN: -- it. So we'll create a secondary document that's specific to electeds for the travel and training purposes. MAYOR FRIEDEL: Yeah. Agreed. SOLDINGER: Appreciate that. Thank you. SKILLICORN: Mayor? So I am reading the agenda, and it does say for D, discussion and possible direction. MAYOR FRIEDEL: Yeah. GOODWIN: Yes. SKILLICORN: So I mean, I believe that we can make a motion to provide direction for the intent of this. I believe we could do that. GOODWIN: Sure. Where I'm going is we can't approve or anything. We would still need it be -- bring the item back in its form to be formally adopted. And I'm going to defer to the town clerk and our town attorney to make sure my procedure here is correct. Because generally, it's agendized as considered an impossible action. SKILLICORN: Yeah. Mayor and council, I believe there's a distinction between - GOODWIN: There you go. UNIDENTIFIED SPEAKER: Mayor and council, I believe there is a distinction between possible direction and when we notice action. There been some recent case law in that. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 42 of 48 I don't have it in front of me right now, but I would hate for there to be an inadvertent open meeting law violation because we did not specifically identify this as an action item tonight. Councils often give direction to staff without a formal motion and that's absolutely fin; it's been noticed. But if you're going to actually take a motion action, I would suggest it not happen tonight. MAYOR FRIEDEL: Vice Mayor? LARRABEE: I just had a quick question for when that does come back. Regarding the policy of no less than 50-mile refunds or reimbursements, I want to clarify that that would be a policy we're enacting, not like a resolution or -- GOODWIN: Sure. Yeah. So I would say that all of this is at policy level, right? This is about how we conduct business. So we'll bring that back, articulate that based on the feedback that we just heard, and the directive we just received. That way you guys can vote on a clearly worded policy in that regard. LARRABEE: Perfect. Thank you. GOODWIN: Great. MAYOR FRIEDEL: Councilwoman? KALIVIANAKIS: Thank you, Mr. Mayor. I have to admit when I saw this come up in our agenda, I found it confusing. And so I would like to ask you, Mr. Mayor -- I would like to ask you Rachael, our town manager, has councilmembers requesting lodging reimbursements been a problem for this town? GOODWIN: So during my tenure here, the councilmembers -- have we set aside budgetary -- we set aside the budget to accommodate that. Generally, it's once a year for the League Conference, and that can vary on location. Sometimes it's in Tucson. Sometimes it's here in the Valley. It depends on where it is. And not everybody chooses to exercise it. Some folks don't attend; some folks choose not to stay overnight, whether that's for personal reasons or professional reasons or whatnot. So we've handled that individually per councilmember. KALIVIANAKIS: Because it seems like if we're going go this extraordinary measure to TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 43 of 48 agendize it, discuss it, talk about it at night and bring it back, there must've been some abuse or some reason we're having this conversation other than we're just looking for a problem in search of a solution. Mr. Mayor -- MAYOR FRIEDEL: I -- KALIVIANAKIS: -- are you familiar with any -- MAYOR FRIEDEL: I don't -- KALIVIANAKIS: -- abuse of this? MAYOR FRIEDEL: I don't know of any abuses. KALIVIANAKIS: So I guess why are we talking about this tonight? GOODWIN: The reason it's on the agenda tonight is it was requested by a councilmember and seconded and thirded. Per our policy, that's how things are added to the agenda. KALIVIANAKIS: Well, Mr. Mayor, could you ask the Councilmember Skillicorn if he can identify any reasons or any abuse that he would like to point out that would make him raise this and have us spend valuable time tonight talking about this? MAYOR FRIEDEL: Councilmember, do you have any input? SKILLICORN: Not at this time. KALIVIANAKIS: All I can say is you can see my frustration, Mr. Mayor, that he won't explain why we're doing this. It's not a problem, but now we're going to waste all the staff time, we're going to waste council time, we're going to waste the public's time, and we're going to waste our time talking about a problem that doesn't exist. I just want to point that out. Maybe I should've voted for that raise because this is crazy. MAYOR FRIEDEL: Councilwoman Earle? EARLE: Yes, I'd like to say we don't always have to make a policy. You have to have the abuse first. I think it's good to make a policy before there's abuse. I will mention that I did send an email because I was surprised that our town was going to pay -- asking us if we wanted to get a hotel room for the League of Cities and Towns meeting we're having in August at a price of -- if you add tax and all about $200 a night for three nights, that's TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 44 of 48 $600 a person. That's more than our monthly stipend. Maybe we should balance out the stipend and not be being these fees here. And I would say the Arizona Leagues and Towns is only -- I mapped it out -- a 25-minute drive from my house. So I don't see why we would be spending $600 for a 25-minute ride one way, just if we're trying to save the town money in that way. Thank you. MAYOR FRIEDEL: Before I call on Rick, I'll just weigh in. And I'll just say I think it should be left up to the discretion of the councilmembers. I don't think there's been any abuse for that. Some people don't like night driving, and they're -- some of those meetings, they start at 7 a.m., so you have to be there really early. So again, I don't see it as an abuse, but I think it should be left up to the individual councilmembers. And you choose and you live with your decision. That's just my two cents. Councilman Watts? WATTS: I think you just took the words out of my mouth. Unless we can identify an abuse, I don't see any reason changing what we're doing today because most of it is done in good conscience. I know that when I drive down to GPEC it's 32 miles, 64 miles total. So there are certain things in town I don't do. There are certain things out of town I will do. And I think it is to the discretion of each councilperson what they feel is appropriate. MAYOR FRIEDEL: Vice Mayor? LARRABEE: I look forward to discussing this again. But I did want to bring up that I find it concerning that there appears to be an attitude that we need to have a fraud committed or someone taking advantage of our town in order to make a policy. This is something that other municipalities have policies on that we don't have anything in the books yet. I mean, we just talked about how our travel procedures are only for staff at the moment. So while I welcome the discussion of my fellow councilmembers and I look forward to us finding an amicable solution to not having any policy, you know, you don't have to agree with my motion, but maybe we can find a middle ground. But I just find it -- I find it frustrating that we're putting up a false dichotomy here of either you don't pass any TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 45 of 48 policy or you think that someone committed a crime. That seems a little silly to me. MAYOR FRIEDEL: Councilwoman? KALIVIANAKIS: Thank you, Mr. Mayor. And I just want to applaud you for making your comments that I think maybe some of the junior members here don't -- maybe they haven't been to one of these conferences. But you know, as a member of the public safety military and courts and also the budgetary commission for MAG and the cities and towns, you know, those meetings, they start before the regular conferences, you -- Gerry, as you know. And then the -- we have the very early mornings. The dinner's usually from 6 to 9. And then generally after that, a lot of times we're speaking with other mayors, council people. I mean, last year I hung around with Rachael. And you know -- and so you're -- you're talking to your colleagues, you're talking to people about what they're doing for their town. How's Phoenix handling this? How's Saphire handling that? How's Tucson doing this? It gives you such a beautiful opportunity to talk to other public officials and to see how they're doing things so we don't have to reinvent the wheel. This is one time a year that for a couple days you get to be with your colleagues, your -- your fellow mayors, your councilmembers, your managers, the town staff, and have an abundant exchange of ideas. This has been -- I still contact people I've met at these conferences and courtside and giving them directions on how they can monetize all the RVs going in there. Like, Brenda, you have some good ideas. So I'm just saying that, you know, for us to say that the Town of Fountain Hills can't afford lodging for one -- once a year event, it -- it just seems beyond the pale of reason to me. MAYOR FRIEDEL: Okay. So we have -- we have our direction. I think we can just move this along. I'll let Rick finish it up here. WATTS: Junior member or not, I think I've got enough experience with managing budgets, managing expense reports, so it has nothing to do with the demeaning statement of junior member. And I look forward to -- as our vice mayor said -- a good interaction, conversation where we can either put this to bed or we can put some TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 46 of 48 bumpers around it. But I think most people on this council are honest. And I would agree with what you have to say. I have to agree with what others on the council have said. So I don't disagree. And the only other caveat I would say is it may be a great time to bring back the stipend and talk about rolling it into similar expenses, because a stipend is not a salary. It is just that, a stipend, which would fall under the category of expenses. So maybe we can kill two birds with one stone. And we don't have to have hard bumpers around it, but let's put some guidelines so we all agree on it. KALIVIANAKIS: I -- I would agree with that. And maybe the other thing we can do is revisit the -- bring back the ethics code so if one of these councilmembers goes in and double dips on these hotel stays that we can file an ethics charge against them. MAYOR FRIEDEL: Thank you. Okay. So you have direction on that one. Okay. Thank you. All right. We'll move on to E. I don't think there's much going on with the League right now. Okay. WATTS: Other than emails. MAYOR FRIEDEL: Other than emails. Okay. LARRABEE: (Indiscernible). MAYOR FRIEDEL: Yeah. Yeah. All right. Do we have any council discussion or direction to the town manager other than what we just gave her direction on? EARLE: I just wanted to address the email that we all got today from Mike and Sheri Hicks and wondering if we are going to re -- you know, regarding the Palamino Boulevard reconstruction or reconfiguration. I know we had a discussion with that. I just wanted to -- if anybody else read that was concerned if there are a lot of homeowners that weren't aware of what's going to be happening. So I don't know what direction we would do with that, but -- GOODWIN: The honest answer is the staff and I have not had a chance to review that -- EARLE: Okay. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 47 of 48 GOODWIN: -- together. I know Justin was out in the field for a good portion of the day and most of us were getting prepped for tonight. So -- EARLE: Okay. GOODWIN: -- if you can allow me a chance to talk with the staff -- EARLE: Sure. GOODWIN: -- I'll get a follow up email out to all of you guys about next steps. EARLE: Okay. Thank you. GOODWIN: Sure. MAYOR FRIEDEL: Okay. And then any future agenda items? Okay. Can I get a motion for adjournment? SKILLICORN: So moved. WATTS: Second. MAYOR FRIEDEL: All in favor? LARRABEE: Aye. KALIVIANAKIS: Aye. EARLE: Aye. MAYOR FRIEDEL: Thank you. TOWN OF FOUNTAIN HILLS MAY 20, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 48 of 48 HAVING NO FURTHER BUSINESS, MAYOR GERRY M. FRIEDEL ADJOURNED THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL HELD ON MAY 20, 2025, 7:22 P.M. APPROVED: ____________________________________ GERRY M. 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 COUNCIL MEETING OF THE TOWN COUNCIL, FOUNTAIN HILLS, ARIZONA HELD ON MAY 20, 2025. I FURTHER CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT. ________________________________ BEVELYN BENDER, TOWN CLERK TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL May 13, 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 4:00 p.m. Members Present: Mayor Gerry M. Friedel; Vice Mayor Hannah Larrabee (by phone); Councilmember Gayle Earle; Councilmember Brenda Kalivianakis; Councilmember Rick Watts; Councilmember Peggy McMahon; Councilmember Allen Skillicorn (by phone) Members Absent: Councilmember Peggy McMahon Staff Present: Town Manager Rachael Goodwin; Town Clerk Bevelyn J. Bender, Town Attorney Robert Wingo (by phone) TOWN OF FOUNTAIN HILLS MAY 13, 2025 TOWN COUNCIL SPECIAL MEETING MINUTES Page 1 of 5 Post-Production File Town of Fountain Hills Town Council Special Meeting Minutes May 13, 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. * * * * * TOWN OF FOUNTAIN HILLS MAY 13, 2025 TOWN COUNCIL SPECIAL MEETING MINUTES Page 2 of 5 MAYOR FRIEDEL: Call to order this special meeting. Can we take a roll call, please, Town Clerk? 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, I believe, is absent. And Councilmember Skillicorn is not here. SKILLICORN: Present. BENDER: Oh, thank you. Mayor, you have a quorum. MAYOR FRIEDEL: Thank you. So we have our regular agenda item. We have consideration for possible action the approval for the request of the RFP for the Town Legal Services and direction to staff to proceed as outlined in the solicitation document. Can I call on David Trimble to see if there's any questions? GOODWIN: Yeah. Mayor, as David comes up, I was just going to say, he and Rob Durham down here really did the heavy lifting on this. So first of all, thank you to both of them. You've -- the Mayor and Council have seen multiple versions of this draft, making sure that we got all the details right. And even though -- even then, after we've had multiple eyes on it, you guys were still able to make sure we had our shalls and our mays and all of our details right, our Is dotted and Ts crossed. But you should have a final draft in front of you. Dave, did you have anything you wanted to share about the process? TOWN OF FOUNTAIN HILLS MAY 13, 2025 TOWN COUNCIL SPECIAL MEETING MINUTES Page 3 of 5 TRIMBLE: Not really. I think -- I don't have anything more than -- more than you've said there. So we're good to go. MAYOR FRIEDEL: If there are no questions from the Council, Town Clerk, are there any comment cards? BENDER: No, Mayor. MAYOR FRIEDEL: Okay. KALIVIANAKIS: I'd like to move to approve the request for proposal, RFP, for Town Legal Services in its current form and direct staff to proceed in accordance with the procedures outlined in the solicitation document. WATTS: Second. MAYOR FRIEDEL: So we have a motion and a second. So can we get a roll call vote, please? BENDER: Councilmember Skillicorn? SKILLICORN: Yes. BENDER: Council (sic) McMahon is absent. Councilmember Watts? WATTS: Yes. BENDER: Councilmember Earle? EARLE: Yes. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, six-zero. MAYOR FRIEDEL: Thank you. And that would conclude our business. So can I get a motion to adjourn the meeting? KALIVIANAKIS: Motion to adjourn. WATTS: What are we supposed to do -- TOWN OF FOUNTAIN HILLS MAY 13, 2025 TOWN COUNCIL SPECIAL MEETING MINUTES Page 4 of 5 EARLE: Second. WATTS: -- when we're supposed to be here between 4 and 7? So we got two and a half hours to go. EARLE: We're supposed to be moving? I'll second. WATTS: Second. MAYOR FRIEDEL: We have a motion and a second. Roll call, please. BENDER: Councilmember McMahon is absent. And we have Councilmember Skillicorn? SKILLICORN: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Earle? EARLE: Yes. BENDER: Councilmember Watts? WATTS: Yes. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, six-zero. MAYOR FRIEDEL: Thank you. We are adjourned. TOWN OF FOUNTAIN HILLS MAY 13, 2025 TOWN COUNCIL SPECIAL MEETING MINUTES Page 5 of 5 HAVING NO FURTHER BUSINESS, MAYOR GERRY M. FRIEDEL ADJOURNED THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL HELD ON MAY 13, 2025, AT 4:05 P.M. APPROVED: ____________________________________ GERRY M. 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 SPECIAL TOWN COUNCIL MEETING OF THE TOWN OF FOUNTAIN HILLS, ARIZONA HELD ON MAY 13, 2025. I FURTHER CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT. ________________________________ BEVELYN BENDER, TOWN CLERK ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Paul Soldinger, Chief Financial Officer Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving funding transfers from the Environmental Fund to the General Fund. Staff Summary (Background) Throughout the fiscal year, it is sometimes necessary to transfer funds from one general ledger account to another. As discussed during various meetings planning for the Fiscal Year 2026 budget, the Town is closing the Environmental Fund at the end of Fiscal Year 2025. Therefore, staff are requesting a funding transfer of the remaining Environmental Fund balance into the General Fund. Beginning in Fiscal Year 2026, the Town's environmental program expenditures, including wash maintenance services, will be paid out of the General Fund.   Related Ordinance, Policy or Guiding Principle Town Council approved financial policies and best practices for the transfer of funds.  Risk Analysis If not approved, the Town will be unable to close out the Environmental Fund to restrict it from future use. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the funding transfer as requested. SUGGESTED MOTION MOVE to approve funding transfers from the Environmental Fund to the General Fund. ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-24, abandoning the 10' Public Utility and Drainage Easement on Town-Owned Parcel E of Filed Map 403-B (Application A25-000008) and Authorizing Execution of a Quitclaim Deed to Transfer Ownership to the adjacent parcel at 16932 E. Monterey Drive; including a finding of de minimis value. Staff Summary (Background) Prior to the incorporation of the Town, MCO Properties routinely recorded public utility and drainage easements on individual parcels, as shown on the recorded subdivision maps. Many of these easements were established without the benefit of detailed utility planning or comprehensive drainage analysis and, as a result, are no longer necessary based on current conditions and existing infrastructure alignments. This proposal seeks to abandon the pre-incorporation 10-foot Public Utility and Drainage Easement located on Town-owned Parcel "E," as shown on Filed Map 403-B. Parcel "E" is currently maintained by the Town; however, the Town no longer wishes to retain maintenance responsibility for this parcel. Town staff have evaluated the site and determined that there are no current drainage concerns or municipal interests requiring the continued existence of the easement. Additionally, all utility providers have reviewed and approved the proposed abandonment. Staff recommends that the Town Council authorize the abandonment of the easement and approve the transfer of Parcel "E" to the adjacent property located at 16932 E. Monterey Drive via quitclaim deed. This transfer will formally shift maintenance responsibility to the adjacent property owner, and reduce the Town's potential liability, providing a public benefit. It should be noted that an existing SRP Power Distribution Easement (MCR 2001-1153077) will remain in place along the front half of Parcel "E" following the transfer. 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 Resolution 2025-24, abandoning the 10' Public Utility and Drainage Easement on Staff recommends approving Resolution 2025-24, abandoning the 10' Public Utility and Drainage Easement on Town-Owned Parcel E of Filed Map 403-B and Authorizing Execution of a Quitclaim Deed to Transfer Ownership to the adjacent parcel at 16932 E. Monterey Drive. SUGGESTED MOTION MOVE to approve Resolution 2025-24, including a finding of de minimis value. Attachments Vicinity Map  Aerial Photo Map  Res 2025-24  Quitclaim Deed  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FOUNTA I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R FI R E R O C K C O U N T R Y C L U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HIL L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE Plat 403-B, Parcel E 16932 E Monterey Dr DEVELOPMENT SERVICES AERIAL PHOTO MAP A ll that is A r i z o n a F O U N T AIN HIL L S T OWN OF INC. 1989 2024 AERIAL ZONING:R1-35 LOT 7 ABANDON 10' P.U.E. & D.E. E MONTEREY DR N L I T T L E R D R LOT 8LOT 6 LOT 32 LOT 33 LOT 34 LOT 35 LOT 36 LOT 37 LOT 38 16932 E MONTEREY DR RESOLUTION 2025-24 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10-FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ON TOWN-OWNED PARCEL “E” AS SHOWN ON FILED MAP 403-B, AS RECORDED IN BOOK 155, PAGE 34 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER, AUTHORIZING THE TRANSFER OF PARCEL “E” TO THE ADJACENT PROPERTY OWNER LOCATED AT 16932 E. MONTEREY DRIVE, AND FINDING THAT PARCEL “E” IS OF DE MINIMIS VALUE AND NO LONGER NEEDED FOR PUBLIC USE PURSUANT TO A.R.S. § 9-402. WHEREAS, prior to the incorporation of the Town of Fountain Hills, MCO Properties recorded various public utility and drainage easements on individual parcels as shown on recorded subdivision maps, including Parcel “E” on Filed Map 403-B; and WHEREAS, Parcel “E” is owned by the Town, is approximately 10 feet wide, and is not a buildable lot, serving no municipal use or function; and WHEREAS, Town staff have reviewed the existing 10-foot Public Utility and Drainage Easement located on Parcel “E” on Filed Map 403-B, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 34, and as more particularly described in Exhibit A, attached hereto and incorporated herein, and determined that there are no current or anticipated public drainage or utility needs associated with the easement, and that all applicable utility providers have consented to its abandonment; and WHEREAS, the Town no longer desires to retain maintenance responsibility for Parcel “E” and has determined that the parcel holds de minimis market value and is no longer needed for public use, in accordance with A.R.S. § 9-402; and WHEREAS, the conveyance of Parcel “E” to the owner of the adjacent property at 16932 E Monterey Drive will relieve the Town of maintenance obligations and reduce potential liability, thereby providing a public benefit; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. Abandonment of Easement. The Town hereby abandons the 10-foot Public Utility and Drainage Easement located on Parcel “E” as shown on Filed Map 403-B, Maricopa County, Arizona. SECTION 2. Authorization to Convey Property. The Town Council hereby authorizes the transfer of Town-owned Parcel “E” to the adjacent property owner at 16932 E. Monterey Drive by quitclaim deed, subject to any other existing easements of record, including the Salt River Project Power Distribution Easement recorded under MCR 2001-1153077. SECTION 3. Finding of De Minimis Value and Public Benefit. Pursuant to A.R.S. § 9-402, the Town Council finds that Parcel “E” is of de minimis value, is no longer needed for public use, and that its transfer serves the public interest by eliminating ongoing maintenance and potential liability for the Town. SECTION 4. Execution of Documents. The Town Manager, or designee, is authorized and directed to take all necessary actions and to execute all documents required to carry out the intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this 17th day of June, 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 EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT A25-000008 WHEN RECORDED RETURN TO: Town Clerk Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 EXEMPT FROM AFFADAVIT OF PROPERTY VALUE PURSUANT TO ARIZ. REV. STAT. § 11-1134(A)(3). QUITCLAIM This Quitclaim dated ______________, 2025 is between the Town of Fountain Hills, Arizona, an Arizona municipal corporation (“Grantor”) and William J. Filer and Mary T. Filer, Trustees of the Filer Family Trust (“Grantee”). MCO Properties L.P., a Delaware limited partnership d/b/a MCO Properties Limited Partnership (“MCO”), conveyed to the Town of Fountain Hills, an Arizona municipal corporation the real property described on Exhibit “A” to this Quitclaim (the “Property”), by a Special Warranty Deed, dated March 24, 1997, as Parcel No. 125, recorded in the office of the Maricopa County Recorder, document No. 97-0208849 For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby REMISES, RELEASES and QUITCLAIMS to Grantee all of Grantor’s right, title, and interest in and to the following real property situated in Maricopa County, Arizona. [SIGNATURES ON FOLLOWING PAGE] “GRANTOR” TOWN OF FOUNTAIN HILLS An Arizona municipal corporation _________________________________________________ Rachael Goodwin, Town Manager ATTEST: _________________________________________________ Bevelyn J. Bender, Town Clerk (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On _____________, 2025, before me, personally appeared Rachael Goodwin, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person she claims to be, and acknowledged that she signed the above document, on behalf of the Town of Fountain Hills. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ____________________________________________ Notary Public My Commission Expires: _______________ (Affix notary seal here) EXHIBIT A TO QUITCLAIM BETWEEN TOWN OF FOUNTAIN HILLS AND WILLIAM J. FILER AND MARY T. FILER, TRUSTEES OF THE FILER FAMILY TRUST [Legal Description] See following page. LEGAL DESCRIPTION Fountain Hills, Arizona, Final Plat No. 403-B, Parcel “E”, as recorded on November 8, 1972 in Book 155, Page 34 of the records of Maricopa County Arizona, and situated in the southwest quarter of the northwest quarter of Section 26, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION:  Approving 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. The easement allowed the property owner to cross over adjacent Town-owned property to reach the rear driveways located at the northwest portion of the lot. 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 N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving 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, Abandoning an existing Access Easement adjacent to 16607 N Paradox Drive and Authorizing Execution of a new Access Easement Attachments Vicinity Map  Aerial Photo Map  Resolution 2025-19  Grant of Access Easement  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FO U N T A I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R EAG L E M O U N T A I N PK W Y CR E S T V I E W D R PALO M I N O B L V D SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HIL L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 16607 N Paradox Dr AERIAL PHOTO MAP TOWN OF FOUNTAIN HILLS GRANT OF ACCESS EASEMENT LOT 59 NEW ACCESS EASEMENT P.O.B. EASEMENT AREA: 11,656.13 SF 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 June 17, 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 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: ___________ Exhibit A LEGAL DESCRIPTION ACCESS EASEMENT FOUNTAIN HILLS AZ FINAL PLAT NO. 506-B, BLOCK 1, PARCEL A (TO LOT 59) That portion of Parcel A (To Lot 59), Block 1, Fountain Hills Arizona Final Plat No. 506-B, Book 159, Page 03 of the Records of Maricopa County, Arizona, and situated in the northeast quarter of Section 5, Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, said parcel being more particularly described as follows: Commencing at the northeast corner of lot 59 of said Final Plat No. 506-B said point also being the POINT OF BEGINNING; Thence following the northerly property line of lot 59 and southerly property line of Parcel A of said Final Plat No. 506-B, north 65 degrees 35 minutes 00 seconds west, a distance of 30.00 feet; Thence departing said northerly property line of lot 59 and southerly property line of Parcel A of said Final Plat No. 506-B north 24 degrees 25 minutes 00 seconds east, a distance of 5.00 feet to a tangent curve concave southwesterly and having a radius of 25.00 feet; Thence northerly along the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds and an arc length of 39.27 feet; Thence north 65 degrees 35 minutes 00 seconds west, a distance of 59.00 feet to a tangent curve concave southeasterly and having a radius of 20.00 feet; Thence westerly along the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds and an arc length of 31.42 feet; Thence south 24 degrees 25 minutes 00 seconds west, a distance of 8.00 feet; Thence south 76 degrees 07 minutes 21 seconds east, a distance of 43.74 feet; Thence south 24 degrees 25 minutes 00 seconds west, a distance of 10.00 feet to a point on northerly property line of lot 59 and southerly property line of Parcel A of said Final Plat No. 506-B; Thence north 65 degrees 35 minutes 00 seconds west, a distance of 63.88 feet to a tangent curve concave northeasterly and having a radius of 1140.00 feet; Thence westerly along the arc of said curve through a central angle of 05 degrees 29 minutes 35 seconds and an arc length of 109.29 feet to the northwest corner of lot 59 and southerly property line of Parcel A of said Final Plat No. 506-B; Thence departing said northerly property line of lot 59 and southerly property line of Parcel A of said Final Plat No. 506-B north 29 degrees 54 minutes 38 seconds east, a distance of 65.00 feet to a non-tangent curve concave northeasterly and having a radius of 1075.00 feet; Thence easterly along the arc of said curve through a central angle of 04 degrees 94 minutes 70 seconds and an arc length of 92.82 feet; Thence south 24 degrees 51 minutes 45 seconds west, a distance of 15.00 feet to a non-tangent curve concave northeasterly and having a radius of 1090.00 feet; Thence easterly along the arc of said curve through a central angle of 05 degrees 29 minutes 35 seconds and an arc length of 10.40 feet; Thence south 65 degrees 35 minutes 00 seconds west, a distance of 59.00 feet to a tangent curve concave southeasterly and having a radius of 20.00 feet; Thence easterly along the arc of said curve through a central angle of 05 degrees 29 minutes 35 seconds and an arc length of 10.40 feet; Thence south 65 degrees 35 minutes 00 seconds east, a distance of 124.88 feet to a tangent curve concave southwesterly and having a radius of 30.00 feet; Thence easterly along the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds and an arc length of 47.12 feet; Thence south 24 degrees 25 minutes 00 seconds west, a distance of 20.00 feet to the POINT OF BEGINNING; This access easement contains an area of 11,656.13 square feet or 0.268 acres more or less. EXHIBIT B TOWN OF FOUNTAIN HILLS GRANT OF ACCESS EASEMENT LOT 59 NEW ACCESS EASEMENT P.O.B. EASEMENT AREA: 11,656.13 SF ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit to allow four (4) multi-family buildings containing 3 dwellings each on four (4) adjacent 1,250 square-foot parcels generally located 200 feet east of the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. (15037-15039-15041-15043 N. Fountain Hills Blvd.) in the C-C (Community Commercial) zoning district (SUP24-000003). Staff Summary (Background) The attached staff report for the Planning and Zoning Commission's January 13, 2025, meeting outlines the applicant’s original Special Use Permit request. After the Commission recommended denial, the applicant has significantly revised the request and seeks to present these modifications to the Planning and Zoning Commission for reconsideration. However, the Town Council must first grant authorization for this action by sending the case back to the Commission. The applicant hopes to present a new proposal by this Fall. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) During their regular meeting on January 13, 2025, the Planning and Zoning Commission voted unanimously (7-0) to recommend denial of the Special Use Permit request in its original form. Staff Recommendation(s) Staff recommends the motion to return the case to the Planning and Zoning Commission for review, allowing them to evaluate a revised and refined proposal for a Special Use Permit once it is finalized. If the Town Council decides to deny either (1) the original Special Use Permit request as proposed or (2) the Commission's opportunity to review a revised request, the applicant will be unable to file for a special use permit for the same properties until June 17, 2026. SUGGESTED MOTION MOVE to return the case (SUP24-000003) to the Planning and Zoning Commission for review, allowing them to evaluate a revised and refined proposal for a Special Use Permit once it is finalized. Attachments Commission Staff Report 1/13/25  ITEM 9. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Planning and Zoning Commission (Agenda Language):  HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow four (4) multi-family buildings containing 3 dwellings each on four (4) adjacent 1,250 square-foot parcels generally located 200 feet east of the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. (15037-15039-15041-15043 N. Fountain Hills Blvd.) in the C-C (Community Commercial) zoning district. Staff Summary (Background) The applicant is proposing a small multifamily development on four abutting 1,250 square-foot parcels in the Community Commercial (C-C) district known as Plat 106, a commercial subdivision located at the northeast corner of Fountain Hills Boulevard and El Pueblo Boulevard. Staff originally presented this request to the Commission at their regular meeting on November 18, 2024. However, following the presentation, it was apparent that the applicant was not in the council chamber to answer questions from the Commission. Consequently, the Commission voted to continue the meeting to January 13, 2025. The preliminary plans show one two-story building on each parcel.  Each building will contain three residential units. The first floor of each unit contains a one-bedroom and a two-bedroom floor plan. The second floor will contain a larger two-bedroom floor plan. The applicant has provided a rendering showing facade treatment, wall articulation, and other modern architectural elements. The buildings will be a maximum of 25 feet tall, as is the limitation for the Community Commercial zoning district. Each building footprint will cover approximately 966 square feet. Eight feet will separate the middle two buildings, while the outer buildings have four-foot separation. The property owner has identified senior citizens as the target market for all 12 rental units. Although the owner might administer concierge and cleaning services from outside vendors, none of the buildings will operate as assisted living homes, nor does this special use permit entitle the applicant to operate such a facility.  The ingress/egress will be provided at El Pueblo Boulevard via one driveway and one alleyway, each 30 feet wide. A walkway will be provided within the 30-foot wide common area to the north.  30 feet wide. A walkway will be provided within the 30-foot wide common area to the north.  Common parking for Plat 106 is provided at the immediate northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. The common parking area was included in the final plat and fulfills the required parking for fully built-out conditions in Plat 106.  General Plan The General Plan includes the following Goals and Policies: Neighborhoods Element GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long-term economic vitality. POLICIES  1. Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. 2. Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan. 5. Direct higher-density residential and mixed-used development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise. Character Areas Element GOAL 1: Encourage future development, redevelopment and infill in a manner that will maintain and protect existing neighborhoods, the Town’s economic health, community well-being, and natural environment. POLICIES 1. Achieve and maintain a diverse and sustainable land use mix consistent with our small-town character that supports thriving neighborhoods, environment and economy by attracting and retaining revenue-generating uses that: a. Enhance the Town’s economic vitality; and b. Increase the Town’s revenue base to maintain quality infrastructure, services and amenities. GOAL: 2: Development, redevelopment and infill support Fountain Hills' small-town identity and the distinct character of each area while fostering long-term viability. POLICIES 3. Support a mix of residential, employment, and commercial uses at densities and intensities and in the development form that reflect the small-Town character of Fountain Hills. 5. Strongly encourage a wide range of housing types, densities and prices to support the current and projected populations (particularly families and working professionals) and to ensure the future stock of affordable housing for all income ranges.  6. Require that development, redevelopment, and infill conform with Exhibit 2, Character Areas Plan map, and Table 1. Section III of the General Plan includes information on the Character Areas in the Town.  This small commercial area at El Pueblo and Fountain Hills Boulevards was included as part of the surrounding Neighborhood character type.  More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses.  This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood.  Allowing the proposed residential use within this commercial area would be consistent with the intent of the Plan for this area. However, although the use appears to be appropriate for the area, staff is concerned about the housing product being offered. The distance between the units appear to be very narrow in some areas, and the square footage of some of the units are quite small, especially the two units on the first floor. Furthermore, considering the target demographic is the aged, the lack of elevators may not be attractive to some. The Commission may recommend changes to the design to address these concerns and other identifiable design issues prior to approval.although the use appears to be appropriate for the area, staff is concerned about the housing product being offered. The distance between the units appear to be very narrow in some areas, and the square footage of some of the units are quite small, especially the two units on the first floor. Furthermore, considering the target demographic is the aged, the lack of elevators may not be attractive to some. The Commission may recommend changes to the design to address these concerns and other identifiable design issues prior to approval. Ordinance Requirements The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a SUP.  Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  Section 2.02 F. 1. d. of the zoning ordinance states:   d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area was zoned and platted prior to incorporation of the Town for commercial uses.  It is still the desire of the Town to have this be a successful commercial center.  The questions become: Would allowing residential use of this prominent corner be detrimental to the desired commercial activity? 1. Would the residential use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Is the residential use being designed and established in a manner that creates a desirable living environment in a manner compatible with the adjacent development and meets the goal of providing a recognizable entry to the Town? 3. A review of this property shows that over its almost 50-year history it has not fully developed and has largely been underutilized.  Facilitating the development by allowing a mix of uses will help to improve the overall quality of the development by introducing new buildings and additional activity on the property.  More people living nearby can provide customers to the businesses.  Two SUP's have already been approved in this development to allow residential uses, one of which is under construction.  In June 2023, a special use permit was approved for ten residential units on the 0.69 acre parcel at the southeast corner of Fountain Hills Blvd. and Glenbrook Drive. The C-C zoning district allows buildings up to 25' tall.  Plat 106 is zoned C-C and built with commercial buildings and a parking lot.  Further east along El Pueblo Blvd. are residential uses.  There is one existing two-story building to the east and one is under construction at the corner of El Pueblo and Ivory.  Two-story dwellings have been approved for the vacant property in the northeast corner of Plat 106 along Ivory.  The property across El Pueblo Blvd. to the south is zoned C-1 and was recently acquired by Scottsdale Bible Church for their expansion plans.  The main church campus is across Fountain Hills Blvd. to the west. Following approval of the SUP, the applicant will prepare a final site plan as required by Sec. 2.04 of the Zoning Ordinance for review and approval by staff. Good Neighbor Statement Given the nature of the use, the applicant has provided a good neighbor statement. Citizen Participation The applicant provided a Citizen Participation Plan as part of his application.  That plan included sending letters to all property owners within 300' and holding two meetings on October 11 and October 15, 2024.  The letter described the project, provided contact information for any residents who had questions and offered to meet with residents if desired. A Citizen Participation Report was received on October 17, 2024.  Three property owners from Plat 106 attended the meeting.  Those individuals asked questions for clarification and information was provided.  There was some concern that residents of this development would overall accessibility to Plat 106 and use the parking on the adjacent properties.  The report states that after the discussion, all were in favor of the project. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in Commercial Zoning Districts   Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) This request was first presented to the Commission at their regular meeting on November 18, 2024. After it was apparent that the applicant was not present, the Commission voted 6 to 0 to continue the case until the January 13, 2025 meeting. Despite the applicant's unavailability, the Commission shared some significant concerns about the project as proposed, including:  The staircase as being the only option for access to the second floor, especially when considering the aged as the target demographic; 1. Details about the leasing arrangement between the owner and the tenants:2. The tight separation between the buildings (as little as 4-feet) and the accessibility issues they present, although the Fire Marshal did not comment on the separation distance during his review; 3. No option for private parking, as all parking for Plat 106 is provided in the common parking areas; 4. No details regarding outdoor lighting to address public safety concerns; and5. Lack of aesthetic detail provided by the oblique color rendering.6. The applicant has reviewed the video footage following the November 18th meeting. Staff echoes the validity of these concerns, but the applicant has not revised the plans after reviewing the recorded footage of the November meeting. However, he stated he will be prepared to address these concerns at the January 13th meeting.   Staff Recommendation(s) As mentioned earlier, although the use appears to be appropriate for the area, staff is concerned about the housing product being offered. The distance between the units appear to be very narrow in some areas, and the square footage of some of the units are quite small, especially the two units on the first floor. Furthermore, considering the target demographic is the aged, the lack of elevators may not be attractive to some. The Commission may recommend changes to the design to address these concerns and other identifiable design issues prior to approval. It should be noted that the applicant will be required to submit for administrative site plan review if this SUP is approved, and staff will review for compliance with any stipulations for approval. In summary, staff is not necessarily opposed to the proposed use, but advises either (1) the applicant make modifications to the preliminary site plan and present them again to the Commission for consideration at a later date, or (2) the addition of stipulations for approval that address the above issues related to the housing product. Otherwise, staff recommends denial of the request as proposed. SUGGESTED MOTION MOVE to deny the Special Use Permit, as currently proposed, to allow four (4) multi-family buildings containing 3 dwellings each on four (4) adjacent 1,250 square-foot parcels generally located 200 feet east of the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. (15037-15039-15041-15043 E. Fountain Hills Blvd.) in the C-C (Community Commercial) zoning district. Staff is available to offer suggestions for the proposed language in the motion. Attachments Case Map  Aerial Photo  Narrative, Citizen Participation Report and Site Plan  Citizen Participation Plan  Good Neighbor Statement  Vicinity CASE: SUP24-000003 SITE / ADDRESS: 15037-15039-15041-15043 N FOUNTAIN HILLS BLVD (15037) APN 176-04-699A, (15039) APN 176-04-698A, (15041) APN 176-04-697A, (15043) APN 176-04-696A REQUEST: A SPECIAL USE PERMIT TO ALLOW UP TO (4) MULTI-FAMILY BUILDINGS CONTAINING 3 DWELLINGS EACH ON FOUR (4) ADJACENT 1,250 SF PARCELS IN THE C-C (COMMUNITY COMMERCIAL) ZONING DISTRICT. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000003SUP24-000003 N F O U N T A I N H I L L S B L V D E GLENBROOK B L V D E EL PUEBLO BL V D ALLEY E A L A M O S A A V E N I V O R Y D R BA L B O A W A S H E OXFORD D R AL L E Y N K I N G S W A Y Subject Property LOCATION MAP 15037-15039-15041-15043 N. Fountain Hills Blvd. Home of the Aged CPL - Final Report El Pueblo @ Foutain Hills 15043 N. Fountain Hill Blvd October 17, 2024, Overview: El Pueblo @ Fountain Hills is an envisioned opportunity to provide accessible, affordable housing, and live/workspace in an area where it is certainly needed. The proposed project is an imaginative, intelligent use of infill space that would benefit the community by delivering 4 two- story multi-family residences for seniors - restricted aged housing. The homes for the aged are about 1932 sqft each with 3 apartments each providing 1, and 2 two-bedroom units with kitchen, a bathroom, living, and dining spaces. The project is situated in underutilized and undeveloped vacant plots that sit between actively used properties. The development of this space could serve the community by providing independent living seniors because of its proximity to Mayo Clinic. Site Context: The property is about 1,125 sqft in C-C zoning district designated for neighborhood commercial with 25 feet maximum building height, allowing for 100% lot coverage. The entire project will be on 4 separate lots, lots 10, 11, 12, & 13 each with a 2-story building. They will be homes for the aged with 6 beds and a required 1.5 parking space for each cottage. A total of 6 parking spaces are required, which are provided by existing Tract 106’s community parking spaces. We are requesting a special use permit based on the zoning district to house the proposed uses. Imagery & Design: The project is carefully designed to blend in with the surrounding community with a combination of flat roofs and tiled roofs that match the surrounding structures, earth tone color choices, and a combination of stucco, metal and smart siding exteriors, and design features that are aesthetically pleasing. Most of the design features are borrowed from neighboring buildings. Action Plan: To provide adequate citizen participation, we hosted a zoom meeting to explain and address any impact of the project on the community. •A contact list of property owners within 300 feet of the property based on Maricopa County accessor map was developed. •A letter of invitation to participate in a public information meeting about the proposed development was sent on Sept 27th, 2024, prior to the public information meeting scheduled for Oct 15th, 2024, by 6:00 pm AZ on ZOOM •A Zoom meeting was scheduled 34 days before the city council meeting on 11/18/24. •The invitation included copies of color rendering of the proposed design, elevations, floor plans, and site plan for the project. • A presentation was made to groups of citizens, property owners, and comments, and resolutions are stated in the final citizen participation report and submitted to the case planner at the end of the meeting to inform staff of the progress of the implementation plan. Final Report: Findings: An in-person and a zoom meeting were conducted to inform the community about the proposed project and a sister project for the unrestricted age, providing opportunities for input from the citizens and business owners. The in-person meeting was held with the POA of track 106 on 10/11/2024 by 2:00 pm at the Desert Creek Fellowship Church located at 15024 N. Ivory Dr. Fountain Hills, AZ 85268. The meeting was attended by Rod Warembourg, Barry McBride, Diane Schneider, and Wilson Ejim. The project presentation includes color rendering of the building elevations, site plans, and floor plans. The benefits of the project and the project’s impact on surrounding communities were presented. The attendees embraced the project and expressed their full support for the development if the following concerns are met. 1. The developer should have a solid waste management agreement with the existing owners to share the costs and maintenance of the existing trash collection center. 2. If possible, the developer should find ways to address the occasional traffic congestion at the corner of El Pueblo and the Alley- public right of way. The traffic congestion is resulting from the drive through window of the existing liquor store The 2nd meeting was held on October 15, 2024, on zoom. A total of 9 invitation letters were mailed to residents and businesses within a 300 feet radius of the properties. Out of the 9 letters, 2 were returned undelivered. The meeting started at 6:00 pm and concluded at 7:00 pm. Besides Wilson Ejim, principal of Design Group, the architectural firm of the project, no one else was present at the meeting. Though some of those who were present at the in-person meeting expressed that they may not be attending zoom meetings since their concerns have been discussed at the in-person meeting. The zoom meeting ended by 7:00 pm Resolutions: As regards the findings and issues raised in the meetings, the following were proposed as possible solutions: Solid Waste collection: The proposed agreement is to share the cost and maintenance of the existing trash collection and solid waste management with the current owners. After the in-person meeting, a zoom meeting was scheduled with the City Staff: John Wesley and Farhad Tavassoli on 10/14/2024 by 11:00 am to discuss the findings, examine the citizens’ concerns, and our recommendations for the final report to the staff and P/Z board for further review. 1 Citizen Participation Plan El Pueblo @ Foutain Hills 15043 N. Fountain Hill Blvd The following steps will be taken to get the public’s input on the proposed project and support for the special used permit application. • A letter of invitation to participate in a public information meeting about the proposed development will be sent 10 days prior to the meeting. • The meeting will be held at 6:00 pm AZ time, 30 days before the city council meeting with a public sign on site 15 days before. • The letter will include a ZOOM link for the virtual meeting, several colorful renderings of the proposed project, and a description of the project, potential challenges, and how these issues will be addressed. • The invitation letter will be sent to homeowners within 300 feet of the property 30 days before the meeting. • A screen shot map of residents within the 300 feet radius is also included. Citizen Participation plan The proposed project will seek to maintain good relationships with neighbors by encouraging residents to avoid any gathering or partying after 10 pm at night. Moreover, littering around the property, leaving trash, or hanging clothing on the balconies will be prohibited. Residents will be required to maintain some level of decorum, abiding by the CC&R of plat 106 development. These conditions and restrictions will be included as part of an agreement to purchase or reside in the property. ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit to allow ten (10) single family residential units on six (6) properties in a commercial subdivision (Plat 106) generally located 400 feet west of the northwest corner of Fountain Hills Blvd. and El Pueblo Blvd. (15012-15014-15016-15018-15020-15022-15026 N. Ivory Dr.) in the C-C (Community Commercial) zoning district (SUP24-000004). Staff Summary (Background) The attached staff report for the Planning and Zoning Commission's January 13, 2025, meeting outlines the applicant’s original Special Use Permit request. After the Commission recommended denial, the applicant has significantly revised the request and seeks to present these modifications to the Planning Commission for reconsideration. However, the Town Council must first grant authorization for this action by sending the case back to the Commission. The applicant hopes to present a new proposal by this Fall. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) During their regular meeting on January 13, 2025, the Planning and Zoning Commission voted unanimously (7-0) to recommend denial of the Special Use Permit request in its original form. Staff Recommendation(s) Staff recommends the motion to return the case to the Planning and Zoning Commission for review, allowing them to evaluate a revised and refined proposal for a Special Use Permit once it is finalized. If the Town Council decides to deny either (1) the original Special Use Permit request as proposed or (2) the Commission's opportunity to review a revised request, the applicant will be unable to file for a special use permit for the same properties until June 17, 2026. SUGGESTED MOTION MOVE to return the case (SUP24-000004) to the Planning and Zoning Commission for review, allowing them to evaluate a revised and refined proposal for a Special Use Permit once it is finalized. Attachments Commission Staff Report 1/13/25  ITEM 8. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Planning and Zoning Commission (Agenda Language):  HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow ten (10) single family residential units on six (6) properties in a commercial subdivision (Plat 106) generally located 400 feet west of the northwest corner of Fountain Hills Blvd. and El Pueblo Blvd. (15012-15014-15016-15018-15020-15022-15026 N. Ivory Dr.) in the C-C (Community Commercial) zoning district.  Staff Summary (Background) The applicant is proposing 10 single-family residential units in the Community Commercial (C-C) district known as Plat 106, a commercial subdivision located at the northeast corner of Fountain Hills Boulevard and El Pueblo Boulevard. The units will be constructed on three different rows of adjoining parcels within the subdivision, which are east of the alley that transects the area from north to south. The preliminary plans offer homes of four (4) bedrooms each with 2.5 bathrooms, living room, kitchen and dining space with a back patio. Each unit will be about 1,325 sq. ft. with a 407 sq. foot tandem 2-car garage. Each building will be at a height of 25-feet. The 5,558 square foot lot to the north will need to be re-platted from one to four lots of at least 1,125 square feet to accommodate four units. General Plan The General Plan includes the following Goals and Policies: Neighborhoods Element GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long-term economic vitality. POLICIES  1. Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. 2. Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan. 5. Direct higher-density residential and mixed-used development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise. Character Areas Element Character Areas Element GOAL 1: Encourage future development, redevelopment and infill in a manner that will maintain and protect existing neighborhoods, the Town’s economic health, community well-being, and natural environment. POLICIES 1. Achieve and maintain a diverse and sustainable land use mix consistent with our small-town character that supports thriving neighborhoods, environment and economy by attracting and retaining revenue-generating uses that: a. Enhance the Town’s economic vitality; and b. Increase the Town’s revenue base to maintain quality infrastructure, services and amenities. GOAL: 2: Development, redevelopment and infill support Fountain Hills' small-town identity and the distinct character of each area while fostering long-term viability. POLICIES 3. Support a mix of residential, employment, and commercial uses at densities and intensities and in the development form that reflect the small-Town character of Fountain Hills. 5. Strongly encourage a wide range of housing types, densities and prices to support the current and projected populations (particularly families and working professionals) and to ensure the future stock of affordable housing for all income ranges.  6. Require that development, redevelopment, and infill conform with Exhibit 2, Character Areas Plan map, and Table 1. Section III of the General Plan includes information on the Character Areas in the Town.  This small commercial area at El Pueblo and Fountain Hills Boulevards was included as part of the surrounding Neighborhood character type.  More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses.  This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood.  Allowing the proposed residential use within this commercial area would be consistent with the intent of the Plan for this area. Analysis Staff appreciates the proposal as an opportunity for infill on a site that has been underutilized for over 50 years. However, Staff identified several design concerns regarding the cottages as proposed:  The row of four cottages to the north offer balconies that look over the alley and the rear yard of the neighboring property, which adds little value to the housing product. 1. The building footprint for Lot A along the above-mentioned row virtually touches the property line at the corner. Although the C-C zoning district allows for a zero-foot building setback, this arrangement presents some line-of-site concerns for two adjacent alleys. Furthermore, it appears the balcony might hang over the property line. For the western lot next to the alley on the north side, access to and from the garage may be challenging.  2. It is unclear how trash will be collected and how mail will be received. The applicant has mentioned the possibility of individual trash bins for each unit, but this presents challenges for solid waste collection vehicles considering the width of the alleys, where the receptacles would need to be placed for pick-up, and limited area to store the receptacles. Until this is resolved, trash will need to be placed in one of two enclosures on the property, the closest of which is about 230 feet from the furthest cottage. 3. The two existing common parking areas would serve as guest parking, which may not be most convenient. The alleys are too narrow for off-street parking, but that may not discourage drivers 4. convenient. The alleys are too narrow for off-street parking, but that may not discourage drivers from parking there unless it is expressly prohibited by signage. No paved access is shown from the common parking areas to the individual units.  These improvements would be on the Plat 106 POA property and would need ot be approved by that organization. There are no outdoor amenities included with the proposal, such as pocket parks or tot lots, and the balconies and patios are rather small. 5. Good Neighbor Statement Given the nature of the use, the applicant has provided a good neighbor statement. The common parking area was included in the final plat and fulfills the required parking for fully built-out conditions in Plat 106. Although this site is zoned C-C, covered parking for two cars would have been required if the site were zoned for single-family residential. The applicant is proposing a tandem garage for each unit, but staff is concerned that the length of the tandem garages might be too short, considering that the required dimensions for a parking stall are 9' x 19', and the garages appear to be shorter than 38 feet. It should be noted that the applicant's initial proposal included only one carport for each unit, and responded to staff's comment to include covered parking for at least two vehicles. Upon finding that this might present some physical design constraints, especially after factoring in adequate clearance requirements between the garage door and the adjacent alleys, staff offers Commission an option to waive the requirement for two-car parking along with any recommendation for approval. Citizen Participation The applicant provided a Citizen Participation Plan as part of his application.  That plan included sending letters to all property owners within 300' and holding two meetings on October 11 and October 15, 2024.  The letter described the project, provided contact information for any residents who had questions and offered to meet with residents if desired. A Citizen Participation Report was received on October 17, 2024.  Three property owners from Plat 106 attended the meeting.  Those individuals asked questions for clarification and information was provided.  There was some concern that residents of this development would overall accessibility to Plat 106 and use the parking on the adjacent properties.  The report states that after the discussion, all were in favor of the project. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff supports the proposed use as an infill opportunity for Plat 106, which is vastly underutilized. Staff supports the proposed use as an infill opportunity for Plat 106, which is vastly underutilized. However, staff's analysis presents some significant design concerns that bring focus to the value of the project and the quality of life for its tenants. Therefore, staff recommends either (1) denial of the request as proposed, or (2) that the case be continued to allow the applicant to address the staff's and/or the Commission's design concerns before being brought back for reconsideration. SUGGESTED MOTION MOVE to deny the Special Use Permit as proposed to allow ten (10) single family residential units on six (6) properties in a commercial subdivision (Plat 106) generally located 400 feet west of the northwest corner of Fountain Hills Blvd. and El Pueblo Blvd. (15012-15014-15016-15018-15020-15022-15026 N. Ivory Dr.) in the C-C (Community Commercial) zoning district. Staff is available to provide suggestions for language to include in the motion. Attachments Case Map  Aerial Photo  Narrative, Citizen Participation Report, and Site Plan  Good Neighbor Statement  Citizen Participation Plan  Vicinity CASE: SUP24-000004 SITE / ADDRESS: 15012-15014-15016-15020-15022 & 15026 N. IVORY DR (15012) APN 176-04-704A, (15014) APN 176-04-705A, (15016) APN 176-04-806, (15020) APN 176-04-708A, (15022) APN 176-04-709A, (15026) APN 176-04-711A REQUEST: A SPECIAL USE PERMIT TO ALLOW UP TO (10) SINGLE FAMILY RESIDENTIAL DWELLINGS ON SIX (6) PARCELS IN THE C-C (COMMUNITY COMMERCIAL) ZONING DISTRICT. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000004SUP24-000004 N F O U N T A I N H I L L S B L V D E GLENBROOK B L V D E EL PUEBLO BL V D ALLEY E A L A M O S A A V E N I V O R Y D R BA L B O A W A S H E OXFORD D R AL L E Y N K I N G S W A Y Subject Properties LOCATION MAP 15012-15014-15016-15018-15020-15022-15026 E. Fountain Hills Blvd. Pueblo Cottages CPL - Final Report El Pueblo @ Foutain Hills 15043 N. Fountain Hill Blvd October 17, 2024, Overview: El Pueblo @ Fountain Hills is an envisioned opportunity to provide accessible, affordable housing, and live/workspace in an area where it is certainly needed. The proposed project is an imaginative, intelligent use of infill space that would benefit the community by delivering 10 two-story single-family dwellings. The homes are 4 bedrooms each with 2.5 bathrooms, living room, kitchen and dining space with a back patio about; a total of 1325 sqft with a 407 sqft tandem 2-car garage. The project is situated in underutilized and undeveloped vacant plots that sit between actively used properties. The development of this space could serve the community in many ways including live/workspace for young and active adults, such as teachers, artists, and small business owners. Site Context: The individual property is about 1,125 sqft in C-C zoning district designated for neighborhood commercial with 25 feet maximum building height, allowing for 100% lot coverage. The entire project will be in 6 separate lots: 18. 19, 20a, 22, 23, & 25 each with a 2-story cottage. The single-family homes with a tandem 2- car garage will be an alternative dwelling to the approved neighboring condos. We are requesting a special use permit based on the zoning district to house the proposed uses. Imagery & Design: The project is carefully designed to blend in with the surrounding community with a combination of flat roofs and tiled roofs that match the surrounding structures, earth tone color choices, and a combination of stucco, metal and smart siding exteriors, and design features that are aesthetically pleasing. Most of the design features are borrowed from neighboring buildings. Action Plan: To provide adequate citizen participation, we hosted a zoom meeting to explain and address any impact of the project on the community. •A contact list of property owners within 300 feet of the property based on Maricopa County accessor map was developed. •A letter of invitation to participate in a public information meeting about the proposed development was sent on Sept 27th, 2024, prior to the public information meeting scheduled for Oct 15th, 2024, by 6:00 pm AZ on ZOOM •A Zoom meeting was scheduled 34 days before the city council meeting on 11/18/24. • The invitation included copies of color rendering of the proposed design, elevations, floor plans, and site plan for the project. • A presentation was made to groups of citizens, property owners, and comments, and resolutions are stated in the final citizen participation report and submitted to the case planner at the end of the meeting to inform staff of the progress of the implementation plan. Final Report: Findings: An in-person and a zoom meeting were conducted to inform the community about the proposed project, providing opportunities for input from the citizens and business owners. The in-person meeting was held with the POA of track 106 on 10/11/2024 by 2:00 pm at the Desert Creek Fellowship Church located at 15024 N. Ivory Dr. Fountain Hills, AZ 85268. The meeting was attended by Rod Warembourg, Barry McBride, Diane Schneider, and Wilson Ejim. The project presentation includes color rendering of the building elevations, site plans, and floor plans. The benefits of the project and the project’s impact on surrounding communities were presented. The attendees embraced the project and expressed their full support for the development if the following concerns are met. 1. The plan should provide access to lot 20a that benefits all parties. 2. The driveway to lot 22 and 23 as shown on the site plan will displace 3 existing parking spaces. The 3 parking spaces should be replaced at the developer’s expense. 3. The developer should have a solid waste management agreement with the existing owners to share the costs and maintenance of the existing trash collection center. 4. The undeveloped Alley to the north of lot 25 should be addressed. The 2nd meeting was held on October 15, 2024, on zoom. A total of 9 invitation letters were mailed to residents and businesses within a 300 feet radius of the properties. Out of the 9 letters, 2 were returned undelivered. The meeting started at 6:00 pm and concluded at 7:00 pm. Besides Wilson Ejim, principal of Design Group, the architectural firm of the project, no one else was present at the meeting. Though some of those who were present at the in-person meeting expressed that they may not be attending zoom meetings since their concerns have been discussed at the in-person meeting. The zoom meeting ended by 7:00 pm Resolutions: As regards the findings and issues raised in the meetings, the following were proposed as possible solutions: 1. Access to the lot 20a: It was agreed that the driveway will be paved from the parking lot south of the lot 23 to the Alley, north of lot 20a to provide access to lot 20a 2. Parking Spaces: Drive access to lot 22 and 23 will result in the loss of 3 parking spaces, hence it was agreed that addition 3 parking spaces will be provided by the existing landscape area close to the trash collection area at developer’s cost 3. Solid Waste collection: The proposed agreement is to share the cost and maintenance of the existing trash collection and solid waste management with the current owners. 4. The undeveloped Alley north of lot 25: It was unanimous to seek the vacation of the public Alley from the city in effort to maintain the space. After the in-person meeting, a zoom meeting was scheduled with the City Staff: John Wesley and Farhad Tavassoli on 10/14/2024 by 11:00 am to discuss the findings, examine the citizens’ concerns, and our recommendations for the final report to the staff and P/Z board for further review. 1 Citizen Participation plan The proposed project will seek to maintain good relationships with neighbors by encouraging residents to avoid any gathering or partying after 10 pm at night. Moreover, littering around the property, leaving trash, or hanging clothing on the balconies will be prohibited. Residents will be required to maintain some level of decorum, abiding by the CC&R of plat 106 development. These conditions and restrictions will be included as part of an agreement to purchase or reside in the property. Citizen Participation Plan El Pueblo @ Foutain Hills 15043 N. Fountain Hill Blvd The following steps will be taken to get the public’s input on the proposed project and support for the special used permit application. • A letter of invitation to participate in a public information meeting about the proposed development will be sent 10 days prior to the meeting. • The meeting will be held at 6:00 pm AZ time, 30 days before the city council meeting with a public sign on site 15 days before. • The letter will include a ZOOM link for the virtual meeting, several colorful renderings of the proposed project, and a description of the project, potential challenges, and how these issues will be addressed. • The invitation letter will be sent to homeowners within 300 feet of the property 30 days before the meeting. • A screen shot map of residents within the 300 feet radius is also included. ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Relating to the Reconstruction of Palomino Boulevard.  Staff Summary (Background) Overview Strategic infrastructure planning is essential to effectively managing the Town’s street network, particularly in the context of population growth, aging infrastructure, and limited revenue. The Town remains committed to a data-informed, cost-effective pavement management program while allocating resources to maintain a consistent level of service across Town-owned streets. Proactive pavement planning is a cornerstone of preserving the integrity of the Town’s transportation infrastructure. In recent years, the Town has adopted modern tools and methodologies—including the implementation of specialized pavement management software—to improve efficiency in identifying and prioritizing street repair projects.   Pavement Management Methodology The Town utilizes the Budget Optimization Street Selector (BOSS), a data-driven pavement management tool that supports objective and efficient decision-making. BOSS incorporates a methodology known as Prioritization Optimization, which evaluates pavement condition, traffic volume, budget constraints, and the potential impacts of construction to generate a prioritized list of street segments for repair or reconstruction. This system was used to identify candidate streets for the FY 2026 paving program, consistent with Council’s $5,000,000 capital improvement allocation. However, in response to significant public input, staff were directed to evaluate Palomino Boulevard as an alternative project due to ongoing maintenance challenges, higher traffic volumes, and a notable increase in resident concerns.   Council Presentation and Project Scope Staff presented initial pavement management options for Palomino Boulevard at the June 18, 2024, Council meeting. Following Council direction, staff conducted further analysis and returned with updated project information during the December 5, 2024, Council Retreat. Palomino Boulevard is currently a 60-foot-wide asphalt roadway consisting of: Two 9-foot parking lanes Two 15-foot travel lanes One 12-foot center turn lane Although the corridor lacks sidewalks, it is identified in the Town’s Active Transportation Plan as a future sidewalk route—consistent with the voter-approved General Plan and the Council-adopted Strategic Plan. The proposed reconstruction design includes:  Reducing the paved width from 60 feet to 50 feet by shifting the curb line inward by 5 feet on each side Reserving 5 feet on each side for future sidewalks Narrowing travel lanes from 15 feet to 11 feet, and parking lanes from 9 feet to 6 feet—aligning with current safety standards and best practices Implementing traffic calming measures to address long-standing speeding concerns Reducing long-term maintenance costs Enhancing landscaping continuity with surrounding properties Extending driveways to meet the new curb alignment and relocating mailboxes as needed This design approach has been successfully implemented in other neighborhoods, including Saguaro Boulevard and Panorama Drive, where similar projects have improved pedestrian safety, traffic flow, and neighborhood aesthetics.   Community Engagement and Feedback During the June 3, 2025, Town Council meeting, the Public Hearing on the FY 2026 Final Budget included resident feedback on several aspects of the Palomino Boulevard project. Staff responses and clarifications are provided below: Funding The project is currently estimated at $5.4 million. This includes paving, new curb and gutter, mailbox relocations, and landscape restoration. Granite Use "Granite" refers to decorative gravel. Landscaping will be restored to match or improve upon existing conditions. Restoration will meet the Town’s standard of "as-is or better." Driveway Extensions Driveways will be extended 5 feet using concrete consistent with the new curb, which will ultimately form part of the future sidewalk corridor. Mailbox Relocations Mailboxes will be relocated 5 feet back to align with the new curb line and will be rebuilt using matching materials and styles. Traffic Control The design includes traffic-calming features, such as narrowed travel lanes and enhanced pavement markings, to help reduce vehicle speeds. Project Status & Public Input The project remains in early planning stages. Community input is being actively reviewed and incorporated into design considerations. Temporary Walkway No temporary sidewalk is planned. Pedestrian traffic will continue to use the roadway shoulders as they do today, pending sidewalk construction in a future phase. Encroachment All construction will remain within the existing public right-of-way. No work is planned on private property. Sidewalk Concerns Concerns about neighborhood character and the introduction of sidewalks are acknowledged. The sidewalk improvements are consistent with both the voter-approved General Plan and the Council-adopted Active Transportation Plan. Construction Disruption As with any infrastructure project, temporary disruptions are expected. However, the Town and its contractors will work to minimize construction-related impacts and ensure clear communication throughout the process.   Public Misconceptions Addressed Staff has identified and clarified several common misconceptions expressed by the public:  "There was no opportunity for public input." Public meetings have been held and feedback has been actively incorporated into project planning. "The Town is taking private property." All work will be conducted within the public right-of-way; no private property is being acquired. "Mailbox relocations are overly complex or damaging." Mailboxes will be professionally relocated and rebuilt to match existing designs as closely as possible. "New stop signs are needed as part of the project." A traffic analysis was conducted; additional stop signs are not warranted based on current engineering standards. Conclusion The reconstruction of Palomino Boulevard represents a strategic investment in the Town’s transportation infrastructure, aligned with long-term goals related to safety, fiscal responsibility, and neighborhood quality of life. While challenges and concerns remain, the proposed design reflects a careful balance between technical requirements and community values. Staff will continue to engage with residents, refine the design, and provide updates as the project advances.   Related Ordinance, Policy or Guiding Principle Active Transportation Plan, Voter-approved General Plan and Council-adopted Strategic Plan.   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) Staff recommends continued support for this methodology as we move forward with the FY26 paving plan and future infrastructure investments. SUGGESTED MOTION MOVE to direct staff to proceed with the Palomino reconstruction as directed. Fiscal Impact Fiscal Impact:5.4M Budget Reference:FY26 Funding Source:Capital Projects Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments PowerPoint  Presented byJustin T. Weldy, Public Works Director Town Council Meeting June 17, 2025 Palomino Boulevard Construction Options Update Palomino Boulevard Construction Options Discussion •Existing Conditions •Community Feedback and Concerns •Public Misconceptions •Alternative Construction Options •Staff Recommendation Palomino Boulevard – Existing Condition 60’ Wide Asphalt Roadway Wedge Curb 9’ Parking Lanes 15’ Travel Lanes 12’ Two-Way Center Turn Lane 84’ ROW 12’12’60’ ASPHALT Community Feedback/Questions/Concerns Funding: Estimated at $5.4M, covering paving, curb/gutter, mailbox relocations, and landscape restoration. Granite Use: "Granite" refers to decorative gravel. Landscaping will be restored to match or improve existing conditions. Driveway Extensions: Driveways will be extended 5 feet with concrete matching the curb, forming part of the future sidewalk. Mailbox Relocations: Mailboxes will be moved 5 feet to the back of the new curb and rebuilt with matching features. Traffic Control: Design includes traffic calming via narrower travel lanes and enhanced pavement markings. Project Status & Public Input: In early planning; public comments are being considered as part of the process. Temporary Walkway: None planned. Pedestrians will continue to walk in the street as they currently do. Encroachment: No work will occur outside the public right-of-way. Community Feedback/Concerns The Town acknowledges the community concerns regarding: •The introduction of new sidewalks and potential changes to the neighborhood’s appearance and character. •Project duration and the potential for prolonged disruptions. •The impact of construction schedules on daily routines. •Final landscaping restoration and assurance that affected areas will be returned to “as- is or better”condition. Public Misconceptions •No Opportunity for Public Input •The Town is “taking” 2 feet of private property •Moving of Mailboxes other than single posts are very difficult •Stop Signs should be installed – Not Warranted Palomino Boulevard – Option 1 Full-Depth Asphalt Reconstruction – Road Narrowing 50’ Wide Asphalt Roadway Extends front yard by 5’ on each side Concrete Driveway Extensions Relocate Mailboxes Full Height Curb 7½’ Parking Lanes 11’ Travel Lanes 12’ Two-Way Center Turn Lane •Allows for potential future sidewalk in accordance with Active Transportation Plan •Reduces asphalt surface and future maintenance costs •Traffic Calming achieved by narrowing travel lanes 5’ Extension of Front Yard 5’ Extension of Front Yard Cost Estimate: $5.4M 84’ ROW 17’17’50’ ASPHALT Palomino Boulevard – Option 1 Full-Depth Asphalt Reconstruction – Road Narrowing Typical Existing Condition Option 1 – Shift curb 5’ into paved area, match front landscape, relocate mailboxes Future project after sidewalk is installed and mailbox moved behind sidewalk Palomino Boulevard – Option 2 Full-Depth Asphalt Reconstruction – Maintain Existing Road Width 60’ Wide Asphalt Roadway Keep Wedge Curb 8’ Parking Lanes 5’ Bike Lanes 11’ Travel Lanes 12’ Two-Way Center Turn Lane •Maintains existing roadway width •No Driveway Extensions •No Allowance for Future Sidewalk •Traffic Calming achieved by restriping Cost Estimate: $5M 84’ ROW 12’12’60’ ASPHALT Palomino Boulevard – Option 3 Chip Seal with Cape Treatment – Maintain Existing Road Width 60’ Wide Asphalt Roadway Keep Wedge Curb 8’ Parking Lanes 5’ Bike Lanes 11’ Travel Lanes 12’ Two-Way Center Turn Lane •Less expensive than full-depth reconstruction •Approximate 8-10 Year Life – allows for future planning •Maintains existing roadway width •No Driveway Extensions •No Allowance for Future Sidewalk •Traffic Calming achieved by restriping Cost Estimate: $950k 84’ ROW 12’12’60’ ASPHALT STAFF RECOMMENDATION Option 3 - Chip Seal with Cape Treatment •Effective Treatment, Ideal for Palomino’s PCI Range (49-56) •Least disruptive to residents – Quicker Construction, Minimal Closures •Provides 8-10 Years of Extended Pavement Life – allows for future planning •Cost-effective Solution (approx. 1/5 the cost of the other options) •Preserves Budget to address Lower PCI Streets and Reduce Backlog •Maintains existing roadway width •No Driveway Extensions Needed •Traffic Calming achieved by Restriping 84’ ROW 12’12’60’ ASPHALT Questions ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Ordinance 25-06 repealing and replacing Town Code Chapter 7, Building Regulations, with Chapter 7, Buildings Regulations, including adoption of the 2024 Building Codes and local amendments.  Staff Summary (background) Background The International Code Council produces revised building codes every three years.  Most cities and towns update their codes every six years to stay current with the latest construction technologies.  Staying current with the more recent building codes also helps maintain a higher International Service Organizations (ISO) insurance rating for the community.  A higher rating lowers the cost of insurance for property owners. The Town is currently using the 2018 building codes.  Mesa, Gilbert, Apache Junction, Maricopa County and Phoenix are also on the 2018 codes.  Phoenix is currently going through the process to update to the 2024 codes.  Scottsdale and Queen Creek are on the 2021 codes and Chandler has already adopted the 2024 codes. Attached is the ordinance adopting the 2024 Codes with the local amendments.  Local amendments are common for each community to address specific situations or needs of their town. There is one new amendment being proposed with this update.  One of the listed codes that has been adopted in the past and is being adopted again is the Swimming Pool and Spa Code.  For many years the Town has had specific standards in the Zoning Ordinance with regards to pool barriers that are more restrictive than what is in the Swimming Pool and Spa Code.  Incorporating these standards into the amendments in Chapter 7 of the Town Code will make the standards used by the Town more clear to builders.  Section 7-1-2 D. of the ordinance includes the amendments to the 2024 Swimming Pool and Spa Code addressing pool barrier requirements. A few other minor modifications being made with this revision include:  Updating the formatting of the section of the code providing the local modifications to make it easier to reference the changes. Moving two sections from Chapter 10 of the Town Code that deal with construction into Chapter 7 to keep these topics together.  What is currently Article 10-6, On-Site Rest Room Facilities, is being moved to Section 7-1-9.  No changes are being made to the regulation.  What is currently Section 10-2-3 B. regarding construction debris is being moved to Section 7-1-11.  No changes are being made to the regulation.  A separate agenda removes these provisions from Chapter 10. Renumbering the section on Development Fees to follow the new format. During the most recent legislative session the state legislature passed bill SB1182 which set time frames for when construction work must be allowed and not be a violation of the local jurisdiction's noise ordinance.  Section 7-1-7 of the attached ordinance has been amended to follow the requirements of the statute.  The existing ordinance states noise at a construction site is not considered a violation on weekdays from 5.30 am to 6:30 pm from May 15 to September 15.  The revised timeframe is 5:00 am to 7:00 pm from May 1 to October 15.  Our current ordinance allows exemption from the noise ordnance from 7:00 am to 5:00 pm on Saturdays.  The revised time frame is 7:00 am to 7:00 pm on Saturdays.   Related Ordinance, Policy or Guiding Principle Town Code Chapter 7, Building Regulations Ordinance 25-07 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The updates to adopt the 2024 International Building Codes have been reviewed and updates proposed by the Building Official and Fire Marshal.  Staff recommends adoption of the 2024 International Building Codes with the local amendments as contained in Ordinance 25-06. SUGGESTED MOTION MOVE to approve Ordinance 25-06. Attachments Ordinance 25-06  ORDINANCE NO. 25-06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, REPEALING AND REPLACING TOWN CODE CHAPTER 7 BUILDINGS AND BUILDING REGULATIONS ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Chapter 7, Buildings and Building Regulations, of the Fountain Hills Town Code, is hereby repealed and replaced with a new Chapter 7, Buildings and Building Regulations, as provided in Exhibit A attached hereto. SECTION 2. That this ordinance become effective on September 1, 2025. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 17th day of June, 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Mayor Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Town Manager Town Attorney Exhibit A Chapter 7, Buildings and Building Regulations Article 7-1 Buildings and Building Regulations Section 7-1-1 Adoption of Technical Codes by Reference; Violations A. The following listed publications, three copies of which are on flle in the office of the Town Clerk and which are available for public inspection during normal business hours, are hereby adopted by reference, together with all appendices and supplements thereto, as if set out at length in this code: 1. The International Building Code, 2024 Edition and all supplements, as published by the International Code Council 2. The International Mechanical Code, 2024 Edition and all supplements, as published by the International Code Council. 3. The National Electrical Code, 2023 Edition and all supplements, as published by the National Fire Protection Association. 4. The International Swimming Pool and Spa Code, 2024 Edition and all supplements, as published by the International Code Council. 5. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition and all supplements, as published by the International Conference of Building Officials. 6. The International Plumbing Code, 2024 Edition and all supplements, as published by the International Code Council. 7. The Maricopa Association of Governments Standard Speciflcations and Uniform Details for Public Works Construction. 8. The International Energy Conservation Code, 2024 Edition and all supplements, as published by the International Code Council. 9. The International Fire Code, 2024 Edition and all supplements, as published by the International Code Council. 10. The International Residential Code for One- and Two-Family Dwellings, 2024 Edition and all supplements, as published by the International Code Council. 11. The International Fuel Gas Code, 2024 Edition and all supplements, as published by the International Code Council. 12. The 2024 Fountain Hills Amendments to the 2024 International Building Code, the 2024 International Residential Code for One- and Two-Family Dwellings, the 2024 International Energy Conservation Code, 2024 International Swimming Pool and Spa Code, and the 2024 International Fire Code. B. The Council flnds and determines that the adoption of the 2024 International Fire Code, or any subsequent flre-safety code, shall not affect the validity of the Town’s existing flre sprinkler requirements. To ensure preservation of the Town’s flre sprinkler requirements, if there is a reference in the above-described codes to a residential flre sprinkler requirement, the applicable code shall be the 2006 International Fire Code, as amended, which code and amendments were adopted by the Council on April 17, 2008. Section 7-1-2 Amendments The 2024 Fountain Hills amendments to the 2024 International Building Code, the 2024 International Residential Code for One- and Two-Family Dwellings, the 2024 International Energy Conservation Code, the 2024 International Swimming Pool and Spa Code, the 2024 International Fire Code, and the 1997 Uniform Code for the Abatement of Dangerous Buildings are as follows: A. The International Residential Code for One- and Two-Family Dwellings, 2024 Edition, is amended in the following respects: 1. Amend Sections R101.1 and R103.1 to insert the words “Town of Fountain Hills” as the name of the jurisdiction. 2. Amend Section R105.2 Work exempt from permit to read as follows: Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: a. One-story detached accessory structures, provided that the fioor area does not exceed 120 square feet. b. Fences not over 30 inches high. c. Retaining walls that are not over 2 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. d. Sidewalks and driveways. e. Painting, papering, tiling, carpeting, cabinets, counter tops and similar flnish work. f. Prefabricated swimming pools that are less than 24 inches deep. g. Swings and other playground equipment. h. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. i. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling, and do not serve the exit door required by Section R311.4. 3. Amend Section P2904 to reference the 2024 International Fire Code and the Town amendments as the Code. 4. Delete N1103.10.3 (R403.10.3) Covers. B. The International Building Code, 2024 Edition, is amended in the following respects: 1. Amend Sections 101.1 and 103.1 to insert the words “Town of Fountain Hills” as the name of the jurisdiction. 2. Amend Section 105.2 Work exempt from permit to read as follows: Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: a. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the fioor area is not greater than 120 square feet. b. Fences not over 30 inches high. c. Oil derricks. d. Retaining walls that are not over 2 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. e. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. f. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar flnish work. g. Temporary motion picture, television, and theater stage sets and scenery. h. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground. i. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. j. Swings and other playground equipment accessory to detached one- and two-family dwellings. k. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. l. Nonflxed and movable flxtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height. C. The International Energy Conservation Code, 2024 Edition, is amended in the following respects: 1. Amend Sections C101.1 and R101.1 to insert the words “Town of Fountain Hills” as the name of the jurisdiction. 2. Delete R403.10.3 Covers. D. The International Swimming Pool and Spa Code, 2024 Edition, 1. Delete 303.1.3 Covers. 2. Amend 305.2.1 Barrier height and clearances. Barrier heights and clearances shall be in accordance with all of the following: a. The top of the barrier shall be not less than 60 inches above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet (914 mm) measured horizontally from the outside of the required barrier. 3. Amend 305.2.6 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 54 inches, the horizontal members shall be located on the pool or spa side of the fence. Spacing between vertical members shall not exceed 1-3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1- 3/4 inches in width. 4. Amend 305.2.7 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 54” inches or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, the interior width of the cutouts shall not exceed 1-3/4 inches (44 mm). 5. Amend 305.5 On-ground residential pool structure as a barrier. An on- ground residential pool wall structure or a barrier mounted on top of an on- ground residential pool wall structure shall serve as a barrier where all of the following conditions are present: a. Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 60 inches above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 305.2 and the pool manufacturer allows the wall to serve as a barrier. b. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 60 inches above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 305.2. E. The International Fire Code, 2024 Edition, is amended in the following respects: 1. Amend Section 101.1 Title. These regulations shall be known as the Town Fountain Hills Fire Code, hereinafter referred to as “this code”. 2. Section 101.2.1 Appendices. The following appendices of the 2024 International Fire Code shall be adopted, appendices P and Q as provided in Sec. 7-1-2 E. 58. below, shall be added: a. Appendix B Fire-Flow Requirements for Buildings. b. Appendix C Fire Hydrant Locations and Distribution. c. Appendix D Fire Apparatus Access Roads. d. Appendix E Hazard Categories. e. Appendix F Hazard Ranking. f. Appendix G Cryogenic Fluids-Weight and Volume Equivalents. g. Appendix H HMMP and HMIS Instructions. h. Appendix I Fire Protection Systems-Non Compliant Conditions. i. Appendix J Building Information Sign. j. Appendix K Construction Requirements for Existing Ambulatory Care Facilities. k. Appendix L Requirements for Fireflghter Air Replenishment Systems. l. Appendix M High Rise Buildings Retroactive Automatic Sprinkler Requirements. m. Appendix N Indoor Trade Shows and Exhibitions n. Appendix P Control and Suppression of Hazardous Fire Areas o. Appendix Q Fountain Hills Fire Related Incidents Citation Program 3. Add Section 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 and the Town of Fountain Hills codes. The most current editions shall apply. 4. Amend Section 105.1.2 Types of Permits. Unless otherwise addressed in the code, permits regarding flre issues shall be addressed through the following approval processes and shall be considered operational permits (see deflnitions): a. Special Use Permits b. Building Permits i. For the purpose of this code, this shall include construction permits, which allows the applicant to install or modify systems and equipment identifled in Section 105.7. 5. Amend Section 105.2 Application. Applications for permits listed in Section 105.1.2 shall be made through the approved processes and through the approved departments of the Town of Fountain Hills, AZ. 6. Amend Section 105.6 Required operational permits. The flre code official is authorized to issue permits for the operations and activities set forth in Sections 105.6.1 through 105.6.25. The issuance of the permits will be determined on an “as –needed” basis and shall be in the best interest of flre and life safety and in the best interest of the Town of Fountain Hills, AZ. 7. Amend Section 105.7 Required construction permits. The Town of Fountain Hills, AZ adopted building code shall apply to permits set forth in Sections 105.6.1 through 105.6.25. 8. Amend Section 113.3 Notice of violation. When the flre code official flnds a building, premises, vehicle, storage facility, or outdoor area that is in violation of this code, the flre code official is authorized to prepare a written notice of the violation(s), describing the conditions deemed unsafe and, when compliance is not immediate, specifying the date and time for re-inspection. 9. Amend Section 113.4 Violation penalties. Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the flre code official, or of a permit or certiflcation used under provisions of this code, shall be sentenced to a flne of not more than one thousand dollars ($1,000.00). Each day that the violation continues after notice has been served shall be deemed a separate offense. 10. Amend Section 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a flne of not more than one thousand dollars ($1,000.00). 11. Amend Chapter 2 DEFINITIONS. a. Amend FIRE CODE OFFICIAL. The Fire Marshal Official charged with the administration and enforcement of the code. b. Add Adult and child care facilities shall meet the following requirements: i. Interconnected smoke detectors shall be installed in all livable areas. ii. Approved evacuation maps and emergency procedures shall be posted. iii. Portable flre extinguishers shall be mounted at locations approved by the flre code official. c. Amend R-4 Residential Group occupancies shall include buildings arranged for occupancy as Residential Care/Assisted Living Facilities including more than flve but not more than 16 occupants, excluding staff. These facilities include: i. Group Youth Homes ii. Senior Homes Residential Care / Assisted Living Facilities shall meet the following requirements: iii. Interconnected smoke detectors shall be installed in all livable areas. iv. Approved evacuation maps and emergency procedures shall be posted. v. Portable flre extinguishers shall be mounted at locations approved by the flre code official. d. Add READILY ACCESSIBLE. Access that is capable of being reached safely and quickly for operation, repair, or inspection without requiring those to whom ready access is requisite to climb over or remove obstacles, or to resort to the use of portable access equipment. e. Add SPECIAL USE PERMIT. A permit issued by the appropriate department of the Town of Fountain Hills, AZ allowing a speciflc activity, event, or condition to occur for a prescribed period. 12. Amend Section 307.2.1 Authorization. Approval of any open burning addressed in this section shall only be permitted with approval from the State of Arizona and/or Maricopa County air and water quality management authority, provided that all conditions specifled in the authorization and this section are followed. 13. Add Section 401.3.2.1 Resetting of alarms. No person shall reset a flre or emergency alarm system, alarm initiating device, or alarm component until the flre department arrives. Exception: The person responsible for the property may investigate the building or area of alarm and if no evidence of flre or emergency is found, the system may be silenced, but not reset, until the flre department arrives. 14. Amend Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 22 feet, except for approved security gates in accordance with section 503.6, and unobstructed vertical clearance of not less than 15 feet. 15. Amend Section 503.2.4 Turning radius. The required turning radius of a flre apparatus access road shall be a minimum turning radius of 35 feet inside and 55 feet outside for the required flre apparatus access road. 16. Amend Section 503.2.7 Grade. All access roads, whether temporary or permanent, shall not exceed 12%. All flre access roads greater than 6% must have prior approval from the flre code official. Sprinklered vs. non-sprinklered properties shall have different requirements with a maximum grade of 15%. 17. Add Section 504.4 Fire department apparatus access to roof. For buildings 2 or more stories in height, maintain a minimum of a 50-foot fiat area at grade at two corners of the building for flre department operations and apparatus placement. 18. Amend Section 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers, or approved building identiflcation placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be of the font and size approved by the building and development department in accordance with the Town of Fountain Hills Zoning requirements. At a minimum, letters and numerals shall be a minimum of 4 inches high with a brush stroke width of .5 inch to identify individual suites and/or tenant spaces. Additionally, all rear doors to suites and/or tenant spaces shall display the business name and suite number. 19. Add Section 506.1.1.1 Key switch and sensor pre-emption location. A Knox key switch and a pre-emption sensor shall be required on all powered entry control gates. Key switches shall be installed in a location on the gate control panel that is readily visible and accessible. The pre-emption sensor shall be at or behind the gate. 20. Amend Section 507.5 Fire hydrant systems. Fire hydrant systems shall meet the Town of Fountain Hills’ minimum standards and shall be designed and installed in accordance with the applicable standards established by the Town of Fountain Hills, AZ. 21. Amend 507.5.1 Fire hydrant spacing. All flre hydrants shall be spaced on flre apparatus access roads as follows: a. Non-Hillside. One- and two-family dwelling (IRC and R-3) developments, the maximum distance shall be 600 feet on center. b. Hillside. One- and two-family dwelling (IRC and R-3) developments, the maximum distance shall be 600 feet on center. “Hillside” street grades shall be considered any grade exceeding 8% or more grade. c. Fire sprinkler. Commercial, R-1, and R-2 multifamily developments, the maximum distance shall be 600 feet on center. d. Hillside cul-de-sacs. The maximum distance shall be 300 feet on center to any hydrant from end of a cul-de-sac. 22. Add Section 507.5.7 Distance to flre department connections (FDC). Fire hydrants shall be placed to ensure that the distance to flre department connections shall not exceed 100 feet. 23. Add Section 507.5.8Fire hydrant color. All flre hydrants shall have aboveground barrels painted with a prime coat plus two coats of OSHA yellow paint. 24. Add Section 507.5.8.1 Reclaimed water flre hydrant color. All flre hydrants using a reclaimed water supply shall have the caps and bonnet painted with a prime coat plus two coats of black paint. A “DO NOT DRINK WATER” placard shall be affixed to the hydrant in both English and Spanish. 25. Add Section 507.5.9 Refiective markers. All flre protection equipment, flre department connections and hydrants shall be clearly identifled by installation of refiective blue markers. See Town of Fountain Hills Standard Detail FH305. 26. Add under FIRE PROTECTION SYSTEMS 902 Deflnitions. a. DETACHED. For the purpose of Chapter 9 FIRE PROTECTION SYSTEMS, detached shall mean separated from the main building or structure by a minimum of 10 feet. 27. Add Section 903.2 Where required. An automatic sprinkler system shall be installed throughout all levels of all new occupancies of more than 0 square feet, to include all garages, and car-ports. Exceptions: Unless the use of the facility otherwise requires an automatic flre sprinkler system, flre sprinkler systems shall not be required for the following: a. Detached gazebos and Ramada’s for residential or public use. b. Detached guard houses less than 300 square feet in fioor area. c. Detached storage sheds for private, residential, non-commercial use less than 200 square feet in fioor area. d. Detached non-combustible canopies less than 1500 square feet in roof area used exclusively for vehicle washing facilities or vehicle fuel dispensing stations. e. Other buildings or structures accessory to and located on the same lot with one and two family dwellings or R-3 occupancies, not including residential care or assisted living facilities in R-3 occupancies. f. Shade canopies less than 5,000 square feet; not closer than 5 feet to any building, property line or other shade canopy; and shading one of the following: vehicles for sale at a dealership, playground equipment, or outdoor eating areas without cooking. g. Shipping containers used for storage purposes and not closer than 5 feet to any building, property line or other container. h. Exterior roofs, overhangs or canopies of Type I, II or III construction with no combustible storage beneath. i. Exterior covered/enclosed walkways of Type I, II or III construction with enclosing walls that are at least 50 percent open. j. Temporary Special Amusement Buildings. k. Pre-manufactured structures used exclusively as a construction office up to 5000 square feet and not closer than 5 feet to any other structure or property line. This exception shall apply during the course of the construction permit issued by the Town of Fountain Hills. l. Detached parking canopies. m. Manufactured homes built on a permanent chassis, designed and constructed as a dwelling unit. Exception: Newly manufactured homes equipped with automatic sprinkler systems will be tied into a water supply. 28. Add Section 903.2.3 Group E. An automatic sprinkler system shall be installed throughout all Group E occupancies in accordance with NFPA 13 Installation of Sprinkler Systems. 29. Add Section 903.2.4 Group F. An automatic sprinkler system shall be installed throughout all Group F occupancies in accordance with NFPA 13 Installation of Sprinkler Systems. 30. Add 903.2.5 Group H. An automatic sprinkler system shall be installed throughout all Group H occupancies in accordance with NFPA 13 Installation of Sprinkler Systems. The design of the sprinkler system shall not be less than that required under the Town of Fountain Hills Building Code for the occupancy hazard classiflcations in accordance with Table 903.2.5.2 Group H-5 Sprinkler Design Criteria. Where the design area of the sprinkler system consists of a corridor protected by one row of sprinklers, the maximum number of sprinklers required to be calculated is 13. TABLE 903.2.5.2 Group H-5 Sprinkler Design Criteria LOCATION OCCUPANCY HAZARD CLASSIFICATION Fabrication areas Ordinary Hazard Group 2 Service corridors Ordinary Hazard Group 2 Storage room without dispensing Ordinary Hazard Group 2 Storage rooms with dispensing Extra Hazard Group 2 Corridors Ordinary Hazard Group 2 31. Add Section 903.2.6 Group I. An automatic sprinkler system shall be installed throughout all Group I occupancies in accordance with NFPA 13 Installation of Sprinkler Systems. Exception: In jails, prisons and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously occupied location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system shall be designed as required for deluge systems in the Building Code. 32. Add Section 903.2.7 Group M. An automatic sprinkler system shall be installed throughout all Group M occupancies in accordance with NFPA 13 Installation of Sprinkler Systems. 33. Add Section 903.2.8 Group R. An automatic sprinkler system shall be installed throughout all Group R occupancies in accordance with NFPA 13 Installation of Sprinkler Systems. 34. Add Section 903.2.9 Group S-1. An automatic sprinkler system shall be installed throughout all Group S-1 occupancies in accordance with NFPA 13 Installation of Sprinkler Systems. 35. Add 903.2.10 Group S-2. An automatic sprinkler system shall be installed throughout all Group S-2 occupancies in accordance with NFPA 13 Installation of Sprinkler Systems. 36. Add Section 903.2.13 Change of occupancy. An automatic sprinkler system complying with Section 903.3 shall be provided for an existing building or portion thereof undergoing a change of occupancy as follows, based upon the relative hazard levels indicated in Table 903.2.15: a. When a change of occupancy is made to a higher hazard level as shown in Table 903.2.13, the building shall be provided with an automatic flre sprinkler system. b. When a change of occupancy is made within hazard level 1 as shown in Table 903.2.13, the building shall be provided with an automatic flre sprinkler system. Table 903.2.13 Existing Building Hazard Levels Hazard Level Building Occupancy Type 1 (highest) H, I, R-1, R-2, R-4 2 A-2, A-5 3 A-1, A-3, A-4 4 E, F-1, M, S-1 5 (lowest) B, F-2, R-3, S-2, U Note: Occupancies as deflned in this Code and the Fountain Hills Building Code. 37. Add Section 903.2.14 Additions, alterations and repairs. When additions, alterations, or repairs within a twelve-month period exceed 50 percent of the square footage of the existing building or structure, such building or structure shall be made to conform to the requirements for new buildings or structures. 38. Add Section 903.2.15 Partial systems prohibited. In all new additions to existing non- sprinklered buildings and structures, an automatic sprinkler system shall be installed throughout the entire structure. There shall be no partially sprinklered compartments. 39. Amend Section 903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed in accordance with the applicable NFPA Standards. 40. Amend Section 903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this section and the standards referenced in Section 903.3.1. The potable water supply shall be protected against backfiow in accordance with the requirements of the Town of Fountain Hills. 41. Amend Section 903.3.6 Hose Threads. All flre hose threads used in conjunction with automatic sprinkler system shall be National Hose Thread (NHT). 42. Amend Section 903.3.7 Fire department connections (FDC). The location of the flre department connections shall be in accordance with Section 912 and approved by the flre code official. All FDC connections shall be locking 4” Storz connection approved by the flre code official. 43. Add Section 903.3.7.1 Fire riser room. All flre riser rooms shall have exterior access doors, with Knox box on the exterior, and all NFPA signage. Exception: Existing buildings. 44. Add Section 905.3.1.1 Building area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet standpipes shall be provided and where any portion of the building’s interior area is more than 200 feet of travel, vertically and horizontally, from the nearest point of flre department vehicle access. Exceptions: a. Single story structures are not required to have hose connections, except in those interior portions of the building that exceed 200 feet of travel from an emergency access road. b. Required wet standpipes may be an integral part of an approved sprinkler system and may be connected to the sprinkler systems horizontal cross-mains. Calculations for required hose demand shall be submitted with sprinkler plans. 45. Add Section 905.3.4 Stages. Stages greater than 1,000 square feet in area shall be equipped with a Class I wet standpipe system with 2.5-inch hose connections on each side of the stage supplied from the automatic flre sprinkler system and shall have a fiow rate of not less than that required for Class 1 standpipes. 46. Delete Section 905.5.3.4.1 Hose and cabinet. 47. Amend Section 912.2.1 Visible Location. Fire department connections shall be located at a corner of the building being protected, within 4 feet to 8 feet of the curb line of an access road or public street, 40 feet or one and one half times the height of the building being protected, whichever is more, or as approved by the flre code official. The flre department connection line shall be a wet line with the check valve at the hose connection above grade. 48. Add Section 912.2.3 Maximum distance to flre department connections. Fire department connections for all occupancies shall be within 100 feet of a flre hydrant. 49. Amend Section 2301.4 Indoor motor fuel-dispensing facilities. Locating motor vehicle fuel- dispensing stations inside buildings is prohibited within the entire Town. 50. Amend Section 2306.2.2 Above-ground tanks located inside buildings. Above-ground tanks for the storage of Class I, II, and IIIA liquid fuels are prohibited within the entire Town of Fountain Hills, AZ. 51. Amend Section 2306.2.3 Above-ground tanks located outside, above grade. Above-ground tanks for the storage of Class I, II, and IIIA liquid fuels outside of buildings are prohibited within the entire Town of Fountain Hills, AZ. 52. Add 2404.1 Spray-flnishing operations shall not be conducted outside of approved structures. Exceptions: a. Spray coating of buildings or dwellings, including appurtenances and any other ornamental objects that are not normally removed prior to coating. b. Spray coating of facility equipment or structures, which are flxed in a permanent location and cannot easily be moved into an enclosure or spray booth and which are not normally dismantled or moved prior to coating. c. Spray coating of objects, which cannot flt inside of an enclosure with internal dimensions of 10’W X 25’L X 8’H, excluding vehicles. d. Coating operations utilizing only hand-held aerosol cans. 53. Amend Section 3201.2 Permits. A permit shall be submitted to the Town of Fountain Hills, Engineering and Construction Department, along with HMIS for reportable quantities. 54. Add to Section 5601 General. The display of flreworks, including proximate audience displays and pyrotechnic special effects in motion picture, television, theatrical, and group entertainment productions, shall comply with this chapter, Article XIII Fireworks and Pyrotechnics of the Town of Fountain Hills Code of Ordinances, and NFPA 1123 or NFPA 1126. 55. Amend Section 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the entire Town. Exception: Installations of tanks capable of holding 2,000 gallons (7,570.8 L), either individually or in the aggregate, may be approved. 56. Add under LIQUIFIED PETROLEUM GASES Add Table 6104.3, Footnote e. 5. A container less than 125 gallons may be located next to a block fence when the tank is not within 5 feet of a structure on adjoining property. 57. Add Section 6109.1.1 Pre-fllled portable cylinders for consumer exchange. The installation of pre-fllled portable cylinders for consumer exchange shall comply with the following requirements: a. A construction permit is required for the installation of or modiflcation to pre-fllled portable cylinders for consumer exchange in accordance with section 105.7.8. b. Storage is limited to one cage, containing up to twenty-flve (25), twenty (20) pound propane cylinders (500 pounds) without any separation from a structure. A second cage may be installed next to a structure on the same property as long as a minimum of 20 feet separation is maintained between the two cages. c. A site plan for the installation shall be submitted to the Town of Fountain Hills Planning and Development Department. The site plan shall indicate the sizes and locations of the pre-fllled portable cylinders for consumer exchange cage, as well as the separation distances between cages, the distances to property lines, structures, and public ways. d. The cage shall not be located within 5 feet of any doorway or opening in a building frequented by the public and 5 feet from any exterior source of ignition, openings into direct-vent (sealed combustion system) appliances or mechanical ventilation air intakes. e. The cage shall be located so that any discharge from a propane cylinder pressure relief device is at least 3 feet horizontally away from any building opening below the level of such discharge. f. The cage shall be a lockable ventilated metal locker or rack that prevents tampering and pilferage. g. The cage shall be designed so that containers cannot be stacked on top of each other and designed so that containers are positioned upright with the pressure-relief valve in direct communication with the vapor space of the container. h. Defective containers or containers showing denting, bulging, or excessive corrosion shall be removed from service and properly disposed of. i. The cage and area shall be kept free and clear of all combustible materials, including storage, for a distance of at least 10 feet on all sides. j. NO SMOKING signs shall be posted on the cage and within 25 feet of the surrounding area. k. Approved NFPA 704 hazard identiflcation signs shall be posted on the cage. l. Signs listing exchange procedures, company name, and 24-hour phone numbers shall be posted on the cage. m. Signs requiring that customers leave LPG containers outside shall be posted at all building entrance(s). n. All employees with access to the exchange cage shall be trained in the proper handling and operating procedures, including the procedure for handling defective containers. Documentation of this training shall be provided to the Fire Prevention Division upon flnal inspection. o. A written inspection checklist for receiving empty containers as well as giving out full cylinders shall be available and used by employees when handling containers. p. Provisions shall be made for controlling and mitigating unauthorized discharges. A Hazardous Materials Management Plan shall be readily available on site. q. A minimum of one 2A20BC flre extinguisher shall be located not less than 25 feet, but within 75 feet from the cage area. r. Cages exposed to probable vehicular damage due to proximity to alleys, driveways, or parking areas, shall be protected in accordance with Section 312. s. A flnal inspection by the Fire Prevention Division is required prior to the cage being put into service. 58. Add APPENDICES. All 2024 International Fire Code Appendices shall be adopted, except Appendix A, and Appendix O. The following Appendices shall be added to the Town of Fountain Hills, AZ 2024 IFC amendments. a. APPENDIX P CONTROL AND SUPPRESSION OF HAZARDOUS FIRE AREAS Section P-101 General. P-101.1 Scope. The unrestricted use of grass, grain, brush, or forest-covered land in hazardous flre areas is a potential menace to life and property from flre and resulting erosion. Section P-103 Permits. P-103.1 Permits. Permits for any use within hazardous flre areas shall be issued with the approval of Town of Fountain Hills administration, utilizing the current permit process. Permits shall not be issued when public safety would be at risk, as determined by the flre code official. Section P-104 Restricted Entry. P 104.1 Restricted entry. The flre code official shall determine, and make recommendations to Town of Fountain Hills Administration, when hazardous flre areas shall be closed to entry and when such areas shall again be opened. Exception: 1. Entry, in the course of duty, by peace or police officer, and other duly authorized public officers, members of a flre department and members of the United States Forest Service. Section P-105 Trespassing on Posted Property. P-105.1 General. When the Town of Fountain Hills Administration approves the recommendation from the flre code official that a speciflc area within a hazardous flre area presents an exceptional and continuing flre danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereafter provided. P-105.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to Appendix H shall be placed on every closed area. P-105.3 Trespassing. Entering and remaining within areas closed and posted is prohibited. Exception: Local state and federal public officers and their authorized agents acting in the course of duty. Section P-107 Spark Arresters. P-107.1 Spark arresters. Chimneys used in conjunction with flreplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings, structures, or premises located within 200 feet of hazardous flre areas, shall have a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed ½ inch. Section P-108 Tracer Bullets, Tracer Charges, Rockets, Model Aircraft, Aerial Lanterns. P-108.1 General. Tracer bullets and tracer charges shall not be possessed, flred, or caused to be flred into or across hazardous flre areas. Aerial lanterns, which have open fiames to conduct lift, and rockets, model planes, aerial drones, gliders, and balloons powered with a combustion engine, propellant, or other feature liable to start or cause flre shall not be flred or projected into or across hazardous flre areas. Section P-109 Explosives and Blasting. P-109.1 Explosives and blasting Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported, or disposed of within hazardous flre areas, except by permit from the flre code official. Section P-110 Fireworks. P-110.1 Fireworks. Fireworks shall not be used or possessed in hazardous flre areas, except by permit from the flre code official. The flre code official is authorized to seize, take, remove, or cause to be removed flreworks. Section P-111 Apiaries. P-111.1 Apiaries. Lighted and smoldering material shall not be used in connection with smoking bees in or upon hazardous flre areas, except by permit from the flre code official. Section P-112 Open-Flame Devices. P-112.1 Open-fiame devices. Welding torches, tar pots, decorative torches, and other devices, machines, or processes liable to start or cause flre shall not be operated or used in or upon hazardous flre areas, except by permit from the flre code official. Exceptions: 1. Use within habited premises or designated campsites which are a minimum of 30 feet from grass-, grain-brush- or forest-covered areas. 2. The proper use of fuses at the scene of emergencies or as required by standard operating procedures. Section P-113 Outdoor Fires. P-113.1 Outdoor flres. Outdoor flres shall not be built, ignited, or maintained in or upon hazardous flre areas, except by permit from the flre code official. Exception: Outdoor flres within habited premises or designated campsites where such flres are built in a permanent barbecue, portable barbecue, outdoor flreplace, incinerator, or grill and are a minimum of 30 feet from a grass-, grain-, brush-, or forest-covered area. Permits shall incorporate such terms and conditions, which will reasonably safeguard public safety and property. Outdoor flres shall not be built, ignited, or maintained in or upon hazardous flre areas under the following conditions: 1. When high winds are blowing, 2. When a person age 17 or over is not present at all times to watch and tend flre, or 3. When public announcement is made that open burning is prohibited. Permanent barbecue, portable barbecues, outdoor flreplaces, and grills shall not be used for the disposal of rubbish, trash, or combustible waste material. Section P-114 Incinerators and Fireplaces. P-114.1 General: Incinerators, outdoor flreplaces, permanent barbecues, and grills shall not be built, installed, or maintained in hazardous flre areas without prior approval of the flre code official. Incinerators, outdoor flreplaces, permanent barbecues, and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall have an approved spark arrester, screen, or door. Section P-115 Clearance of Brush and Vegetative Growth from Electrical Transmission Lines. P-115.1 General. Clearance of brush and vegetative growth from electrical transmission lines shall be in accordance with IFC 2018, and NFPA. P-115.2 Support clearance. Persons owning, controlling, operating, or maintaining electrical transmission lines upon hazardous flre areas shall, at all times, maintain around and adjacent to poles supporting a switch, fuse, transformer, lightning arrester, line junction, dead end, corner pole, towers, or other poles or towers at which power company employees are likely to work must have an effective flrebreak consisting of a clearing of not less than 10 feet in each direction from the outer circumference of such pole of tower. Exception: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission, or other lines classed as communication circuits by a public utility. P-115.3 High tension line clearance. Persons owning, controlling, operating, or maintaining electrical transmission lines upon hazardous flre areas shall maintain the clearance specifled in Section 15.3 in all directions between vegetation and conductors carrying electrical current: 1. For lines operating at 2,400 volts and less than 68,000 volts, 4 feet. 2. For lines operating at 68,000 volts and less than 110,000 volts, 6 feet. 3. For lines operating at 110,000 volts and over, 10 feet. Such distance shall be sufficiently great to furnish the required clearance from the particular wire or conductor to positions of such wire or conductor at temperatures of 120 F or less. Forked, dead, old, decadent and rotten trees; trees weakened by cat faces, decay, or disease; and trees leaning toward the line, which could contact the line from the side or fall on the line, shall be felled, cut, or trimmed to remove the hazard. P-115.4 Self-supporting aerial cable. Line clearance is not required for self- supporting aerial cable, except that forked trees, leaning trees, and other growth, which could fall across the cable and break it, shall be removed. Section P-116 Clearance of Brush or Vegetation growth from Structures. P-116.1 General. Persons owning, leasing, controlling, operating, or maintaining buildings or structures in, upon or adjoining hazardous flre areas, and persons owning, leasing, or controlling land adjacent to such buildings or structures, shall at all times: 1. Maintain an effective flrebreak by removing and clearing away fiammable vegetation and combustible growth from areas within 30 feet of such buildings or structures; Exception: Single specimens of trees, ornamental shrubbery, or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting flre from the native growth to any structure. 2. Maintain additional flre protection or flrebreak by removing brush, fiammable vegetation, and combustible growth located from 30 feet to 100 feet from such buildings or structures, when required by the flre code official because of extra- hazardous conditions causing a flrebreak of only 30 feet to be insufficient to provide reasonable flre safety; Exception: Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. 3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of chimney; 4. Maintain trees adjacent to or overhanging a building free of deadwood; and 5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth. P-116.2 Corrective actions. Town of Fountain Hills Administration is authorized to instruct the flre code official to give notice to the owner of the property upon which conditions regulated by Section 16.1 exist to correct such conditions. If the owner fails to correct conditions, the Town of Fountain Hills Administration shall cause the same to be done and make the expense of such correction a lien upon the property where such condition exists. Section P-117 Clearance of Brush or Vegetation Growth from Roadways. P-117.1 Clearance of brush or vegetation. The flre code official is authorized to cause areas within 10 feet on each side of portions of highways and private streets, which are improved, designed, or ordinarily used for vehicular traffic to be cleared of fiammable vegetation and other combustible growth. The flre code official is authorized to enter upon private property to do so. Exception: Single specimens of trees, ornamental shrubbery, or cultivated ground such as green grass, ivy, succulents or similar plants used as ground cover, provided that they do not form a means of readily transmitting flre. Section P-118 Unusual Circumstances. P-118.1 Unusual circumstances. If the flre code official determines that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation provisions of Sections 115, 116, or 117 of Appendix O undesirable or impractical, enforcement thereof may be suspended and reasonable alternative measures shall be provided. Section P-119 Dumping. P-119.1 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, or rubbish or combustible waste material shall not be placed, deposited, or dumped in or upon hazardous flre areas or in, upon all along trails, roadways or highways in hazardous flre areas. Exceptions: Approved public and private dumping areas Section P-120 Disposal of Ashes. P-120.1 Disposal of ashes. Ashes and coals shall not be placed, deposited, or dumped in or upon hazardous flre areas. Exceptions: 1. In the hearth of an established flre pit, camp stove, or flreplace. 2. In a noncombustible container with a tight-fltting lid, which is kept or maintained in a safe location not less than 10 feet from combustible vegetation or structures. 3. Where such ashes or coals are buried and covered with 1 foot of mineral earth not less than 25 feet from combustible vegetation or structures. Section P-121 Use of Fire Roads and Firebreaks. P-121.1 Use of flre roads and flrebreaks. Motorcycles, motor scooters, and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, flre roads or flrebreaks beyond the point where travel is restricted by a cable, gate, or sign. Vehicles shall not be parked in a manner, which obstructs the entrance to a flre road or flrebreak. Exception: Public officers acting within their scope of duty. Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on flre roads or flrebreaks unless located 16 feet or more above such flre road or flrebreak. Section P-123 Tampering with Fire Department Locks, Barricades, and Signs. P-123.1 Tampering with flre department locks, barricades, and sign. Locks, barricades, seals, cables, signs, and markers installed within hazardous flre areas, by or under the control of the flre code official, shall not be tampered with, mutilated, destroyed, or removed. Section P-124 Liability for Damage. P-124.1 Liability for damage. The expenses of flghting flres, which result from a violation of Appendix O, shall be a charge against the person whose violation of Appendix O caused the flre. Damages caused by such flres shall constitute a debt of such person and are collectable by the Town of Fountain Hills Administration in the same manner as in the case of an obligation under a contract, expressed or implied. b. APPENDIX Q TOWN OF FOUNTAIN HILLS FIRE-RELATED INCIDENTS CITATION PROGRAM SECTION Q-101 Classiflcation of Penalty. Q-101 Classiflcation of penalty. The following classiflcations shall apply to any violations of Appendix I: 1. Any person, flrm, corporation, partnership, enterprise, or association, whether as principal, owner, agent, tenant, or otherwise, who violates, disobeys, omits, or refuses to comply with, or who resists the enforcement of any of the provisions of this code, is subject to a civil sanction. 2. Notwithstanding subsection 1 of this section, a second or subsequent violation of any of the provisions of this chapter within a two-year period shall be deemed a misdemeanor. SECTION Q-102 Civil Penalties. Q-102 Civil penalties. 1. Upon a flnding of responsible to civil violation, the court shall impose a flne not to exceed one thousand dollars ($1,000.00). Exception: As otherwise set forth in this code. 2. Upon a conviction of a misdemeanor, the defendant shall be sentenced pursuant to the provisions established by the Town of Fountain Hills Court System. Exception: As otherwise determined by the court of jurisdiction, if other than the Town of Fountain Hills Court System. 3. The application of the penalties provided for in paragraphs subsections 1 and 2 of this section shall not be held to prevent the enforced removal of prohibited conditions. Q-103 Civil violation, commencement of action. 1. A civil violation may be commenced by issuance of a citation or by long form complaint. The civil violation shall be considered as follows: a. By having the defendant sign the citation with a promise to appear in court on the specifled date and time. b. If the defendant refuses to sign the citation, by hand delivering a copy of the citation to the defendant. c. By mailing a copy of the citation to the person charged at his last known address, by certifled or register mail, return receipt requested. In the event service cannot be accomplished as set forth in 1-a., b., or c., the court of jurisdiction may serve the defendant by any means allowed by the Town of Fountain Hills Procedures or the Arizona Rules of Civil Procedure for the Superior Court. 2. The citation will be substantially in the same form as the Arizona Traffic Ticket and Complaint and shall direct the defendant to appear in the court of jurisdiction on the scheduled date and at the scheduled time. 3. The citation will further notify the defendant that if he fails to appear on or before the date and time specifled in the complaint, a judgment by default will be entered against him, and the court may, in its discretion, impose a civil sanction not to exceed one thousand dollars ($1,000.00). 4. Minor civil citations may be issued for non-compliance with the amended International Fire Code, Town of Fountain Hills Code of Ordinances Q-104 Authority to issue citation. Any peace officer, the flre code official, or duly authorized agent of the flre code official may issue a civil citation pursuant to this code. Q-105 Appearance. 1. The defendant shall, at the specifled date and time, appear in person or through his attorney in the court of jurisdiction and shall either admit or deny the allegations contained in the citation. If the defendant admits the allegation, the court shall enter judgment against the defendant and, in its discretion, may impose a civil sanction for the violation. If the defendant denies the allegations contained in the citation, the court shall set dates for a pre-trial conference and for trial of the matter. 2. If the defendant fails to appear for pre-trial conference or trial, the defendant's failure to appear shall be deemed an admission of the offense and the court shall enter judgment against the defendant and may, in its discretion, impose a civil sanction for the violation. Q-106 Rules of procedure. The Arizona Rules of Court for Civil Traffic Violation Cases may be followed by the city court for civil violations of this chapter. Exception: As modifled or where inconsistent with the provisions of this article, local rules of the city court, or rules of the Arizona Supreme Court. Q-107 Collection of flnes. Any judgment for civil sanctions taken pursuant to this article may be collected as any other civil judgment. Q-108 Violations not exclusive. Violations of this chapter are in addition to any other violation enumerated within the Town of Fountain Hills Code of Ordinances and this code and in no way limit the penalties, actions, or abatement procedures which may be taken by the Town for any violation of this code which is also a violation of any other ordinance or tribal, state, or federal laws. Q-109 Each day a separate violation. Each day any violation of any provision of this code or the failure to perform any act or duty required by this code continues shall constitute a separate offense. F. The 1997 Uniform Code for the Abatement of Dangerous Buildings is amended in the following respects: 1. Adding the following deflnition to Section 302: 19. Whenever there has been a cessation of normal construction of any structure or building for a period of more than one (1) year and the building or structure remains unflnished. Section 7-1-3 Fees A. Permit Fees. 1. The permit fee for all new structures, excavations, or other construction activity, including all renovation, remodeling and repairs, shall be in such amount as approved by the Council by resolution or as part of the Town’s annual budget. All permit fees must be paid, in full, prior to issuance of a building permit. 2. When a plan or other data for all new structures, excavations, or other construction activity, including all renovation, remodeling and repairs, is required to be submitted, permit fee shall be paid prior to issuance of the permit. B. Planning, Building and Engineering Fees. The Fees for services provided by the planning division, the building division and the engineering division shall be established by the Town Council as part of the annual budget process or as otherwise adopted by Town Council resolution. All planning, building and engineering fees must be paid, in full, prior to issuance of a building permit. D. Third Party Plan Review and Inspection Fees. If new structures, excavations, or other construction activity, including all renovation, remodeling and repairs, are subject to third party review or inspections, the fees for such plan review and inspection shall be paid to the Town. E. Development Impact Fees. Development impact fees shall be paid at the time set forth in Article 7-2 of the Fountain Hills Town Code, as amended. F. Payment of Outstanding Fees or Taxes. Any outstanding fees or taxes owed by the applicant to the Town for any purpose must be paid to the Town prior to issuance of a building permit; if no building permit is necessary, or if a building permit has already been issued, any outstanding fees or taxes owed by the applicant to the Town for any purpose must be paid to the Town prior to issuance of a certiflcate of occupancy. 7-1-4 Building Official The building official and administrative authority, as such may be referenced in any section of this chapter for all matters pertaining to any building, plumbing, electrical or any other inspections, shall be vested in the office of the Town manager or such other person the manager may appoint subject to council approval. 7-1-5 Fireplace Regulations A. Deflnitions. For the purposes of this Section, the following words and terms shall have the meaning ascribed thereto: 1. "Fireplace" means a built-in place masonry hearth and flre chamber or a factory-built appliance designed to burn solid fuel or to accommodate a gas or electric log insert or similar device, and which is intended for occasional recreational or aesthetic use, not for cooking, heating, or industrial processes. 2. "Solid fuel" means and includes, but is not limited to, wood, coal or other nongaseous or nonliquid fuels, including those fuels deflned by the Maricopa County Air Pollution Control Officer as "inappropriate fuel" to burn in residential woodburning devices. 3. "Woodstove" means a solid-fuel burning heating appliance including a pellet stove, which is either freestand or designed to be inserted into a flreplace. B. On or after January 4, 1999, no person, flrm or corporation shall construct or install a flreplace or a woodstove, and the Town shall not approve or issue a permit to construct or install a flreplace or a woodstove, unless the flreplace or woodstove is one of the following: 1. A flreplace which has a permanently installed gas or electric log insert; 2. A flreplace, woodstove or other solid-fuel burning appliance that has been certifled by the United States Environmental Protection Agency as conforming to 40 CFR Part 60, Subpart AAA, or any amendments thereto; 3. A flreplace, woodstove or other solid-fuel burning appliance that has been tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those adopted by 40 CFR Part 60, Subpart AAA, or any amendments thereto; 4. A flreplace, woodstove or other solid-fuel burning appliance that has been determined by the Maricopa County Air Pollution Control Officer to meet performance standards equivalent to those adopted by 40 CFR Part 60, Subpart AAA, or any amendments thereto; or 5. A flreplace that has a permanently installed woodstove insert that complies with paragraphs 2, 3 or 4 above. C. The following installations are not regulated and are not prohibited by this Section: 1. Furnaces, boilers, incinerators, kilns and other similar space heating or industrial process equipment; 2. Cookstoves, barbecue grills and other similar appliances designed primarily for cooking; and 3. Firepits, barbeque grills and other outdoor flreplaces. D. Fireplaces constructed or installed on or after January 4, 1999, that contain a gas or electric log insert or a woodstove insert shall not be altered to directly burn wood or any other solid fuel. E. On or after January 4, 1999, no person, flrm or corporation shall alter a flreplace, woodstove or other solid fuel burning appliance in any manner that would void its certiflcation or operational compliance with the provisions of this Section. F. In addition to the provisions and restrictions of this Section, construction, installation or alteration of all flreplaces, woodstoves and other gas, electric or solid-fuel burning appliances and equipment shall be done in compliance with the provisions of the Town Code and shall be subject to permits and inspections required by the Town. G. Fireplaces constructed or installed on or after January 4, 1999, shall not be altered without flrst obtaining a permit from the Town to ensure compliance with this Section. Section 7-1-6 Utility Poles and Wires A. Deflnitions. In this article, unless the context requires otherwise,: 1. "Distribution feeder" means that portion of the distribution system feeding from a distribution substation to a speciflc load area having a capacity of over three thousand KVA. 2. "Existing utility poles and wires" means such poles and wires and other facilities as are in place and in operation as of the effective date of this code and including repairs, replacements, relocations on the same alignment, additions, enlargements, betterments, changes or improvements hereinafter made to maintain or increase service capabilities of existing utility poles, wires, service drops and other facilities, but it does not include extensions made to existing distribution lines. 3. "Transmission line" means an electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points, having a rating of over twelve thousand volts. 4. "Utility poles and wires" means poles and structures, wires, cables, transformers and all other facilities used in or as a part of the distribution or transmission of telephone, telegraph, radio or television communications. B. Permit for Erection; Exceptions. After the effective date of this code, no new utility poles and wires shall be erected in the Town above the surface of the ground unless a permit is flrst secured therefore from the Town manager or designee; except that the following construction may be installed without such a permit: 1. Temporary service facilities, such as facilities to furnish emergency service during an outage, facilities to provide service to construction sites, or other service of a limited duration, such as to a fair, carnival, outdoor exhibit or other function where the facilities will be installed for a temporary period only. 2. Pad-mounted transformers or pull boxes, service terminals, pedestal-type telephone terminals, telephone splice closures, or similar on-the-ground facilities normally used with and as a part of an underground electric distribution, telephone, telegraph or television system, or on-the-ground facilities attached to existing overhead facilities which are used for the purpose of connecting an underground system with the existing facilities. 3. Transmission lines and distribution feeder lines, together with related switch yards, substations and related equipment. Service drops from existing overhead lines to new single- family residential customers, except when underground service is required by the Town’s subdivision regulations. C. Procedure for Obtaining Permit; Denial and Appeal. Any person seeking a special permit for erection of any new utility poles and wires within the Town boundaries and above the surface of the ground shall flrst make application therefore to the Town manager or designee which application shall be approved or denied. In the event the permit is denied, the applicant may appeal the decision of the Town manager or designee by presenting his objections in writing to the council with a copy to the Town manager or designee within ten days of the Town manager’s or his designee’s denial. The Town manager or designee may grant the permit within flve days or shall submit the appeal together with a written report of his recommendations to the council within twenty days of the date of receipt of the appeal. The council may hear arguments and shall decide the matter. D. Standards for Issuance of Permits. A special permit for erection of new utility poles and wires may be granted only in the event the applicant makes an affirmative showing that the public’s general health, safety and welfare and that of adjacent property owners will not be impaired, endangered or jeopardized by the proposed erection. In deciding such matter, the following factors shall be considered: 1. The location and height of such poles and wires and their relation to present or potential future roads. 2. The crossing of such lines over much traveled highways or streets; the proximity of such lines to schools, churches or other places where people congregate. 3. The probability of extensive fiying in the area where such poles and wires are proposed to be located and the proximity to existing or proposed airflelds. 4. Fire or other accident hazards from the presence of such poles and wires and the effect, if any, of same upon the effectiveness of flre flghting equipment. 5. The aesthetics involved. 6. The future conditions that may be reasonably anticipated in the area in view of a normal course of development. 7. The practicality and feasibility of underground installations of such facilities with due regard for the comparative costs between underground and overground installations; but a mere showing that an underground installation shall cost more than an overground installation shall not in itself necessarily require issuance of a permit. 7-1-7 Noise Regulations during Construction. A. During the times hereinafter set forth, no construction activities of any kind, including but not limited to the making of an excavation, clearing of surface land and loading or unloading material, equipment or supplies, or the operation of mechanically powered tools anywhere in the Town limits, shall be permitted, when such activities result in the generation of mechanically or electrically created noise that can be heard by a person with normal hearing within a residential building, the windows of which are closed, if such building is located within flve hundred (500) feet of the construction site. B. The foregoing limitations shall apply to the following times: 1. Prior to 5:00 a.m. and after 7:00 p.m. Monday through Friday from May 1 through October 15. 2. Prior to 6:00 a.m. and after 6:30 p.m. Monday through Friday during the remainder of the year. 3. Prior to 7:00 a.m. and after 7:00 p.m. on Saturdays throughout the year. 4. At all times during Sundays and Legal Holidays. C. The following activities shall be excluded from such prohibition: 1. Noise resulting from perishable activities, deflned as all concrete fiat work, termite pre- treatment application and the delivery of perishable landscaping materials shall be allowed as necessary. 2. Noise generated by work being performed by a resident of a building or structure may continue until 10:00 p.m. but may not begin earlier than the times set forth in subsection B of this section. 3. Noise resulting from emergencies, including but not limited to, repair of roofs, windows, doors, electrical, plumbing and mechanical (HVAC) shall be permitted whenever necessary. An emergency shall be deflned as any situation where work must be performed in order to prevent serious injury to persons or property. 7-1-8 Illegal Construction Site Activity A. Purpose and Intent. The Town of Fountain Hills supports legal building activity in all its forms. The Town also recognizes that certain building activities may negatively impact adjacent property. While these impacts should be tolerated for the initial period of time associated with typical building activity, their prolonged existence can be a nuisance, particularly to adjacent neighbors. This Article is adopted for the purpose of mitigating the negative impacts that unreasonably prolonged building-related activities have on neighboring property. B. Mitigation of Negative Impacts. 1. The owner of any property subject to a building permit for construction activity on that property shall not maintain on the property, or allow to be maintained on the property, construction activities that cause unreasonable negative health, safety or welfare impacts to neighboring properties. 2. If a building permit is expired for construction on property, the owner thereof shall immediately (1) remove, or cause to be removed, any construction equipment, materials and debris and (2) restore the property to as safe a condition as existed prior to commencement of construction activities thereon, as determined by the Building Official. 3. The Building Official shall: a. Notify the property owner of any conditions on such property that are in violation of Subsection 7-1-8 B. 1. or 2. above by flrst class mail and, b. Provide the property owner with a reasonable period of time to correct or mitigate the condition. The Building Official shall determine if and when the condition has been corrected. 4. Should the condition continue beyond a reasonable period of time, as determined by the Building Official and included in the notice request under Subsection 7-1-8 3. above, the property shall be considered a nuisance pursuant to Article 10-2 of this Code and shall be subject to all penalties related thereto. In addition to prosecuting the nuisance in the manner described in this Code, the Town may, at its sole option, also cause the removal of such nuisance by any means permitted pursuant to Ariz. rev. Stat. § 9-499, as amended, or Article 10- 4 of this Code. C. Building Permit Extension of Time. 1. Prior to any extension of time granted to a property owner for a building permit, the Building Official shall inspect the property to ensure that no unsafe conditions exist, and that the property owner is not in violation of any provision of this Section 7-1-6. 2. Prior to extending any permit, the Building Official shall ensure that any stockpiled dirt or other construction material is fully contained on the property and does not exceed a height of twenty-flve (25) feet, measured from natural grade. Section 7-1-9 On-Site Restroom Facilities All construction sites shall provide on-site restroom facilities for employees while construction is occurring in conformance with all of the following provisions: A. There shall be a minimum of one toilet provided on-site for every single-family residential construction project. When the same general contractor has two single-family residential construction projects on adjourning lots with the same street frontage, one toilet located as close as possible to the common property shall fulflll the requirements of this article for both sites. B. When there is a non-single-family residential construction site, there shall be one toilet facility for every flve thousand square feet of building area. Any fraction thereof shall be rounded up to require the additional toilet facility. Section 7-1-10 Enforcement of State Residential Rental Property Registration A. "Residential rental property" shall have the same meaning as provided by Ariz. Rev. Stat. § 33- 1901, as amended. B. All owners of residential rental property located within the corporate boundaries of the Town shall register with the Maricopa County Assessor the information required by Ariz. Rev. Stat. § 33- 1902, as amended, in the manner prescribed by the Assessor. 7-1-11 Construction Debris Construction debris shall not remain uncontained for more than twenty-four hours and shall be contained at all times upon the premises. 7-1-12 Penalties and Enforcement A. Any person or entity who violates any of the provisions of this Chapter may be subject to one or more of the penalties prescribed in Article 1-8. B. This Section shall not be interpreted as limiting the penalties, actions or procedures that may be taken by the Town under established laws, ordinances, or technical codes adopted pursuant to Section 7-1-1. Article 7-2 Development Fees Section 7-2-1 Legislative Intent and Purpose This Article is adopted for the purpose of promoting the health, safety and general welfare of the residents of the Town by: A. Requiring new development to pay its proportionate share of the costs incurred by the Town that are associated with providing Necessary Public Services to new development. B. Setting forth standards and procedures for creating and assessing development impact fees consistent with the requirements of Arizona Revised Statute ("A.R.S.") §9-463.05, as amended, including requirements pursuant to A.R.S. §9-463.05, Subsection K that, on or before August 1, 2014, the Town replace its development impact fees that were adopted prior to January 1, 2012, with development impact fees adopted pursuant to the requirements of A.R.S. §9-463.05 as amended by the state legislature in SB 1525, Fiftieth Legislature, First Regular Session. C. Providing for the temporary continuation of certain development impact fees adopted prior to January 1, 2012, until otherwise replaced pursuant to this Article, or longer where such development impact fees were Pledged to support Financing or Debt for a Grandfathered Facility as permitted by A.R.S. §9-463.05, Subsections K, R, and S. D. Setting forth procedures for administrating the development impact fee program, including Offsets, Credits, and refunds of development impact fees. All development impact fee assessments, Offsets, Credits, or refunds must be administered in accordance with the provisions of this Article. This Article shall not affect the Town’s zoning authority or its authority to adopt or amend its General Plan; provided, that planning and zoning activities by the Town may require amendments to development impact fees as provided in Section 7-2-6 of this Article. Section 7-2-2 Deflnitions When used in this Article, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural. Applicant: A person who applies to the Town for a Building Permit. Appurtenance: Any flxed machinery or Equipment, structure or other flxture, including integrated hardware, software or other components, associated with a Capital Facility that are necessary or convenient to the operation, use, or maintenance of a Capital Facility, but excluding replacement of the same after initial installation. Aquatic Center: A facility primarily designed to host nonrecreational competitive functions generally occurring within water, including, but not limited to, water polo games, swimming meets, and diving events. Such facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures. Building Permit: Any permit issued by the Town that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or nonresidential point of demand to a Water or Wastewater system. Capital Facility: An asset having a Useful Life of three or more years that is a component of one or more Categories of Necessary Public Service provided by the Town. A Capital Facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated flnancing and professional services. Wherever used herein, "infrastructure" shall have the same meaning as "Capital Facilities." Category of Necessary Public Service: A class of Necessary Public Services for which the Town is authorized to assess development impact fees, as further deflned in Subsection 7-2-7 A. 1. of this Article. Category of Development: A speciflc class of residential, commercial, or industrial development against which a development impact fee is calculated and assessed. The Town assesses development impact fees against commercial, residential, and industrial categories. Commercial Land Use: A use allowed within the zones designated in Chapters 12, 16, 17, 18, and 21 of the Town’s Zoning Ordinance and those portions of Planned Area Districts as determined by the Town’s Zoning Administrator. Credit: A reduction in an assessed development impact fee resulting from Developer contributions to, payments for, construction of, or dedications for Capital Facilities included in an Infrastructure Improvements Plan pursuant to Section 7-2-11 of this Article (or as otherwise permitted by this Article). Credit Agreement: A written agreement between the Town and the Developer(s) of a Subject Development that allocates Credits to the Subject Development pursuant to Section 7-10-11 of this Article. A Credit Agreement may be included as part of a Development Agreement pursuant to Section 7-2-12 of this Article. Credit Allocation: A term used to describe when Credits are distributed, but are not yet issued, to a particular development or parcel of land after execution of a Credit Agreement. Credit Issuance: A term used to describe when the amount of an assessed development impact fee attributable to a particular development or parcel of land is reduced by applying a Credit Allocation. Developer: An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation or other political subdivision of the state, state agency or other person or entity undertaking land development activity, and their respective successors and assigns. Development Agreement: An agreement prepared in accordance with the requirements of Section 7-2-12 of this Article, A.R.S. §9-500.05, and any applicable requirements of the Town Code. Direct Beneflt: A beneflt to a Service Unit resulting from a Capital Facility that: (a) addresses the need for a Necessary Public Service created in whole or in part by the Service Unit; and (b) meets either of the following criteria: (i) the Capital Facility is located in the immediate area of the Service Unit and is needed in the immediate area of the Service Unit to maintain the Level of Serve, or (ii) the Capital Facility substitutes for, or eliminates the need for a Capital Facility that would have otherwise have been needed in the immediate area of the Service Unit to maintain the Town’s Level of Service. Dwelling Unit: A house, building or portion of a building, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters for residential purpose or, if vacant, intended for occupancy as separate living quarters for residential purpose. Equipment: Machinery, tools, materials, and other supplies, not including Vehicles, that are needed by a Capital Facility to provide the Level of Service specifled by the Infrastructure Improvement Plan, but excluding replacement of the same after initial development of the Capital Facility. Excluded Library Facility: Library facilities for which development impact fees may not be charged pursuant to A.R.S. §9-463.05, including that portion of any Library facility that exceeds 10,000 square feet, and Equipment, Vehicles or Appurtenances associated with Library operations. Excluded Park Facility: Parks and Recreational Facilities for which development impact fees may not be charged pursuant to A.R.S. §9-463.05, including amusement parts, aquariums, Aquatic Centers, auditoriums, arenas arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in fioor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, Water reclamation or riparian areas, wetlands, or zoo facilities. Fee Report: A written report developed pursuant to Section 7-2-8 of this Article that identifles the methodology for calculating the amount of each development impact fee, explains the relationship between the development impact fee to be assessed and the Infrastructure Improvements Plan, and which meets other requirements set forth in A.R.S. §9-463.05. Financing or Debt: Any debt, bond, note, loan, interfund loan, fund transfer, other debt service obligation used to flnance the development or expansion of a Capital Facility. Fire and Police Facilities: A Category of Necessary Public Services that includes flre and police stations, Equipment, Vehicles and all Appurtenances for flre and police stations. "Fire and Police Facilities" does not include Vehicles or Equipment used to provide administrative services, helicopters, airplanes or any facility that is used for training flreflghters or officers from more than one station or substation. General Plan: Refers to the overall land-use plan for the Town establishing areas of the Town for different purposes, zones and activities adopted pursuant to Town Resolution 2009-43 on January 7, 2010, and ratifled by the Fountain Hills voters on May 18, 2010, as amended, which includes the Town Center Area Speciflc Plan adopted pursuant to Town Resolution 2009-40. Grandfathered Facilities: Capital Facilities provided through Financing or Debt incurred before June 1, 2011, for which a development impact fee has been Pledged towards repayment as described in Section 7-10-4(C) of this Article. Gross Impact Fee: The total development impact fee to be assessed against a Subject Development, prior to subtraction of any Credits. Industrial Land Use: A use allowed with the zones designated in Chapters 13 and 14 of the Town’s Zoning Ordnance and those portions of Planned Area Development Zoning District as determined by the Town’s Zoning Administrator. Infrastructure Improvement Plan: A document or series of documents that meet the requirements set forth in A.R.S. §9-463.05, including those adopted pursuant to Section 7-10-8 of this Article to cover any Category or combination of Categories of Necessary Public Services. Land Use Assumptions: Projections of changes in land uses, densities, intensities and population for a Service Area over a period of at least ten years, as specifled in Section 7-2-6 of this Article. Level of Service: A quantitative and/or qualitative measure of a Necessary Public Service that is to be provided by the Town to development in a particular Service Area, deflned in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures, Level of Service may be measured differently for different Categories of Necessary Public Services, as identifled in the applicable Infrastructure Improvements Plan. Library Facilities: A Category of Necessary Public Services in which literary, musical, artistic, or reference materials are kept (materials may be kept in any form of media such as electronic, magnetic, or paper) for use by the public in a facility providing a Direct Beneflt to development. Libraries do not include Excluded Library Facilities, although a Library may contain, provide access to, or otherwise support an Excluded Library Facility. Necessary Public Services: "Necessary Public Services" shall have the meaning prescribed in A.R.S. §9-463.05(T)(7). Offset: An amount that is subtracted from the overall costs of providing Necessary Public Services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development though taxes, fees (except for development impact fees), and other revenue sources, as determined by the Town pursuant to Section 7-10-7 of this Article. Parks and Recreational Facilities: A Category of Necessary Public Services including but not limited to parks, swimming pools and related facilities and Equipment located on real property not larger than 30 acres in areas, as well as park facilities larger than 30 acres where such facilities provide a Direct Beneflt. Parks and Recreational Facilities do not include Excluded Park Facilities, although Parks and Recreational Facilities may contain, provide access to, or otherwise support an Excluded Park Facility. Pledged: Where used with reference to a development impact fee, a development impact fee shall be considered "Pledged" where it was identifled by the Town as a source of payment or repayment for Financing or Debt that was identifled as the source of flnancing for a Necessary Public Service for which a development impact fee was assessed pursuant to the then-applicable provisions of A.R.S. §9-463.05. Qualifled Professional: Any one of the following: (a) a professional engineer, surveyor, flnancial analyst or planner, or other licensed professional providing services within the scope of that person’s education or experience related to Town planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona; (b) a flnancial analyst, planner or other nonlicensed professional who is providing services within the scope of the person’s education or experience related to Town planning, zoning, or impact development fees; or (c) any other person operating under the supervision of one or more of the above. Residential Land Use: A use allowed within the zones designated in Chapters 10 and 11 of the Town’s Zoning Ordinance or those portions of uses allowed in Chapters 18 and 23 as determined by the Town’s Zoning Administrator. Service Area:Any specifled area within the boundaries of the Town within which: (a) the Town will provide a Category of Necessary Public Services to development at a planned Level of Service; and (b) within which (i) a Substantial Nexus exists between the Capital Facilities to be provided and the development to be served, or (ii) in the case of Library Facilities or a Park Facility larger than 30 acres, a Direct Beneflt exists between the Library Facilities or Park Facilities and the development to be served, each as prescribed in the Infrastructure Improvements Plan. Some or all of the Capital Facilities providing service to a Service Area may be physically located outside of that Service ARea provided that the required Substantial Nexus or Direct Beneflt is demonstrated to exist. Service Unit: A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular category of Necessary Public Services or facility expansion. Street Facilities: A Category of Necessary Public Services including arterial or collector streets or roads, traffic signals, rights-of-way, and improvements thereon, and other necessary included facilities such as bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities. Storm Water, Drainage and Flood Control Facilities: A Category of Necessary Public Services including but not limited to storm sewers constructed in sizes needed to provide for storm water management for areas beyond major street projects and storm water detention/retention basins, tanks, pump stations and channels necessary to provide for proper storm water management, including any Appurtenances for those facilities. Subject Development: A land area linked by a unifled plan of development, which must be contiguous unless the land area is part of a Development Agreement executed in accordance with Section 7-2-12 of this Article. Substantial Nexus: A substantial nexus exists where the demand for Necessary Public Services that will be generated by a Service Unit can be reasonably quantifled in terms of the burden it will impose on the available capacity of existing Capital Facilities, the need it will create for new or expanded Capital Facilities, and/or the beneflt to the development from those Capital Facilities. Swimming Pool: A public facility primarily designed and/or utilized for recreational noncompetitive functions generally occurring within water, including, but not limited to, swimming classes, open public swimming sessions, and recreational league swimming/diving events. The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities. Town: The Town of Fountain Hills, Arizona. Useful Life: The period of time during which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the Town over the entirety of such period. Vehicle: Any device, structure, or conveyance utilized for transportation in the course of providing a particular Category of Necessary Public Services at a specifled Level of Service, excluding helicopters and other aircraft. Wastewater Facilities: A Category of Necessary Public Services including, but not limited to, sewers, lift stations, reclamation plants, wastewater treatment plants, and all other facilities for the collection, interception, transportation, treatment and disposal of wastewater, and any Appurtenances for those facilities. Water Facilities: A Category of Necessary Public Services including, but not limited to, those facilities necessary to provide for water services to development, including the acquisition, supply, transportation, treatment, puriflcation and distribution of water, and any Appurtenances to those facilities. Section 7-2-3 Applicability A. Except as otherwise provided herein, from and after August 1, 2014, this Article shall apply to all new development within any Service Area. B. The provisions of this Article shall apply to all of the territory within the corporate limits of the Town and/or within any Town Service Area that extends beyond the corporate limits. C. The Town Manager or his/her designee is authorized to make determination regarding the application, administration and enforcement of the provisions of this Article. Section 7-2-4 Authority for Development Impact Fees A. Fee Report and Implementation. The Town may assess and collect a development impact fee for costs of Necessary Public Services, including all professional services required for the preparation or revision of an Infrastructure Improvements Plan, Fee Report, development impact fee, and required reports or audits conducted pursuant to this Article. Development impact fees shall be subject to the following requirements: 1. The Town shall develop and adopt a Fee Report that analyzes and deflnes the development impact fees to be charged in each Service Area for each Capital Facility Category, based on the Infrastructure Improvements Plan, pursuant to Subsection 7-2-7 A. below. 2. Development impact fees shall be assessed against all new commercial, residential, and industrial developments; provided, that the Town may assess different amounts of development impact fees against speciflc Categories of Development based on the actual burdens and costs that are associated with providing Necessary Public Services to that Category of Development. 3. No development impact fees shall be charged, or Credits issued, for any Capital Facility that does not fall within one of the Categories of Necessary Public Services for which development impact fees may be assessed as identifled in Subsection 7-2-7 A. 1. below. 4. Costs for Necessary Public Services made necessary by new development shall be based on the same Level of Service provided to existing development in the same Service Area. Development impact fees may not be used to provide a higher Level of Service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing Capital Facilities that are serving existing development. 5. Development impact fees may not be used to pay the Town’s administrative, maintenance, or other operating costs. 6. Projected interest charges and flnancing costs can only be included in development impact fees to the extent they represent principal and/or interest on the portion of any Financing or Debt used to flnance the construction or expansion of a Capital Facility identifled in the Infrastructure Improvements Plan. 7. All development impact fees charged by the Town must be included in a “Fee Schedule” prepared pursuant to this Article and included in the Fee Report, which Fee Schedule may be adopted by the Town Council by resolution or as part of the Town’s annual budget. 8. All development impact fees shall meet the requirements of A.R.S. § 9-463.05. B. Costs per Service Unit. The Fee Report shall summarize the costs of Capital Facilities necessary to serve new development on a per Service Unit basis as deflned and calculated in the Infrastructure Improvements Plan, including all required Offsets, and shall recommend a development impact fee structure for adoption by the Town. C. Carry-over of Previously-Established Development Impact Fees and Grandfathered Facilities. Notwithstanding the requirements of this Article, certain development impact fees adopted by the Town prior to the effective date of this Article shall continue in effect as follows: 1. Until August 1, 2014, or the date a new development impact fee is effective for the applicable Category of Necessary Public Services in a Service Area pursuant to this Article, whichever occurs flrst, development impact fees established prior to January 1, 2012, shall continue in full force and effect to the extent that the development impact fee is used to provide a Category of Necessary Public Services that is authorized by Section 7-2-7 below. Development impact fees collected prior to January 1, 2012, shall be expended on Capital Facilities within the same Category of Necessary Public Services for which they were collected. 2. The Town may continue to collect and use any development impact fee established before January 1, 2012, even if the development impact fee would not otherwise be permitted to be collected and spent pursuant to A.R.S. § 9-463.05, as amended by the state legislature in SB 1525, Fiftieth Legislature, First Regular Session, if either of the following apply: a. Both of the following conditions are met: i. Prior to June 1, 2011, the development impact fee was Pledged towards the repayment of Financing or Debt incurred by the Town to provide a Capital Facility. ii. The applicable Capital Facility was included in the Town’s Infrastructure Improvements Plan, or other Town planning document prepared pursuant to applicable law, prior to June 1, 2011. b. Before August 1, 2014, the Town uses the development impact fee to flnance a Capital Facility in accordance with A.R.S. § 9-463.05(S). 3. Deflned terms in any previously established fee schedule shall be interpreted according to the ordinance in effect at the time of their adoption. Section 7-2-5 Administration of Development Impact Fees. A. Separate Funds. Development impact fees collected pursuant to this Article shall be placed in separate funds (for each Capital Facility category within each Service Area) within the City’s interest- bearing account. B. Limitations on Use of Fees. Development impact fees and any interest thereon collected pursuant to this Article shall be spent to provide Capital Facilities associated with the same Category of Necessary Public Services in the same Service Area for which they were collected, including costs of Financing or Debt used by the Town to flnance such Capital Facilities, and other costs authorized by this Article, that are included in the Infrastructure Improvements Plan. C. Time Limit. Development impact fees collected after July 31, 2014, shall be used within ten years of the date upon which they were collected for all Categories of Necessary Public Services except for Water and Wastewater Facilities. For Water Facilities or Wastewater Facilities collected after July 31, 2014, development impact fees must be used within 15 years of the date upon which they were collected. Section 7-2-6 Land Use Assumptions The Infrastructure Improvements Plan shall be consistent with the Town’s current Land Use Assumptions for each Service Area and each Category of Necessary Public Services as adopted by the Town pursuant to A.R.S. § 9-463.05. A. Reviewing the Land Use Assumptions. Prior to the adoption or amendment of an Infrastructure Improvements Plan, the Town shall review and evaluate the Land Use Assumptions on which the Infrastructure Improvements Plan is to be based to ensure that the Land Use Assumptions within each Service Area are consistent with the General Plan. B. Evaluating Necessary Changes. If the Land Use Assumptions upon which an Infrastructure Improvements Plan is based have not been updated within the last flve years, the Town shall evaluate the Land Use Assumptions to determine whether changes are necessary. If, after general evaluation, the Town determines that the Land Use Assumptions are still valid, the Town shall issue the report required in Section 7-2-9 below. C. Required Modiflcations to Land Use Assumptions. If the Town determines that changes to the Land Use Assumptions are necessary in order to adopt or amend an Infrastructure Improvements Plan, it shall make such changes as necessary to the Land Use Assumptions prior to or in conjunction with the review and approval of the Infrastructure Improvements Plan pursuant to Section 7-10-9 below. Section 7-2-7 Infrastructure Improvements Plans A. Infrastructure Improvements Plan Contents. The Infrastructure Improvements Plan shall be developed by Qualifled Professionals and may be based upon or incorporated within the Town’s Capital Improvements Plan. The Infrastructure Improvements Plan shall: 1. Specify the Categories of Necessary Public Services for which the Town will impose a development impact fee, which may include any or all of the following: a. Water Facilities b. Wastewater Facilities c. Storm water, Drainage, and Flood Control Facilities d. Library Facilities e. Street Facilities f. Fire and Police Facilities g. Park and Recreations Facilities 2. Deflne and provide a map of one or more Service Areas within which the Town will provide each Category of Necessary Public Services for which development impact fees will be charged. Each Service Area must be deflned in a manner that demonstrates a Substantial Nexus between the Capital Facilities to be provided in the Service Area and the Service Units to be served by those Capital Facilities. The Town may cover more than one category of Capital Facilities in the same Service Area provided that there is an independent Substantial Nexus or Direct Beneflt, as applicable, between each Category of Necessary Public Services and the Service Units to be served. 3. Identify and describe the Land Use Assumptions upon which the Infrastructure Improvements Plan is based in each Service Area. 4. Analyze and identify the existing Level of Service provided by the Town to existing Service Units for each Category of Necessary Public Services in each Service Area. 5. Identify the Level of Service to be provided by the Town for each Category of Necessary Public Services in each Service Area based on the relevant Land Use Assumptions and any established Town standards or policies related to required Levels of Service. 6. For each Category of Necessary Public Services, analyze and identify the existing capacity of the Capital Facilities in each Service Area, the utilization of those Capital Facilities by existing Service Units, and the available excess capacity of those Capital Facilities to serve new Service Units including any existing or planned commitments or agreements for the usage of such capacity. The Infrastructure Improvements Plan shall additionally identify any changes or upgrades to existing Capital Facilities that will be needed to achieve or maintain the planned Level of Service to existing Service Units, or to meet new safety, efficiency, environmental, or other regulatory requirements for services provided to existing Service Units. 7. Identify any Grandfathered Facilities and the impact thereof on the need for Necessary Public Services in each affected Service Area. 8. Estimate the total number of existing and future Service Units within each Service Area based on the Town’s Land Use Assumptions. 9. Based on the analysis in Subsection 7-2-7 A. 3.- 6. above, provide a summary table or tables describing the Level of Service for each Category of Necessary Public Services by relating the required Capital Facilities to Service Units in each Service Area, and identifying the applicable Service Unit factor associated with each Category of Development. 10. For each Category of Necessary Public Services, analyze and identify the projected utilization of any available excess capacity in existing Capital Facilities, and all new or expanded Capital Facilities that will be required to provide and maintain the planned Level of Service in each Service Area as a result of the new projected Service Units in that Service Area, for a period not to exceed ten years. Nothing in this Subsection shall prohibit the Town from additionally including in its Infrastructure Improvements Plan projected utilization of, or needs for, Capital Facilities for a period longer than ten years; provided, that the costs of such Capital Facilities are excluded from the development fee calculation. 11. For each Category of Necessary Public Services, estimate the total cost of any available excess capacity and/or new or expanded Capital Facilities that will be required to serve new Service Units, including costs of land acquisition, improvements, engineering and architectural services, studies leading to design, design, construction, flnancing, and administrative costs, as well as projected costs of infiation. Such total costs shall not include costs for ongoing operation and maintenance of Capital Facilities, nor for replacement of Capital Facilities to the extent that such replacement is necessary to serve existing Service Units. If the Infrastructure Improvements Plan includes changes or upgrades to existing Capital Facilities that will be needed to achieve or maintain the planned Level of Service to existing Service Units, or to meet new regulatory requirements for services provided to existing Service Units, such costs shall be identifled and distinguished in the Infrastructure Improvements Plan. 12. Forecast the revenues from taxes, fees, assessments or other sources that will be available to fund the new or expanded Capital Facilities identifled in the Infrastructure Improvements Plan, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved Land Use Assumptions. The Infrastructure Improvements Plan shall additionally estimate the time required to flnance, construct and implement the new or expanded Capital Facilities. 13. Calculate required Offsets as follows: a. From the forecasted revenues in Subsection 7-2-7 A. 12. above, identify those sources of revenue that: (i) are attributable to new development, and (ii) will contribute to paying for the capital costs of Necessary Public Services. b. For each source and amount of revenue identifled pursuant to Subsection 7-2-7 A. 13. a. above, calculate the relative contribution of each Category of Development to paying for the capital costs of Necessary Public Services in each Service Area. c. Based on the relative contributions identifled pursuant to Subsection 7-2-7 A. 13. b. above, for each Category of Necessary Public Services, calculate the total Offset to be provided to each Category of Development in each Service Area. d. For each Category of Necessary Public Services, convert the total Offset to be provided to each Category of Development in each Service Area into an Offset amount per Service Unit by dividing the total Offset for each Category of Development by the number of Service Units associated with that Category of Development. e. Beginning August 1, 2014, for purposes of calculating the required Offset, if the Town imposes a construction, contracting, or similar excise tax rate in excess of the percentage amount of the transaction privilege tax rate that is imposed on the majority of other transaction privilege tax classiflcations in the Town, the entire excess portion of the construction, contracting, or similar excise tax shall be treated as a contribution to the capital costs of Necessary Public Services provided to new development unless the excess portion is already taken into account for such purpose pursuant to this Section. f. In determining the amount of required Offset for land included in a community facilities district established under A.R.S. Title 48, Chapter 4, Article 6, the Town shall take into account any Capital Facilities provided by the district that are included in the Infrastructure Improvements Plan and the capital costs paid by the district for such Capital Facilities, and shall Offset impact fees assessed within the community facilities district proportionally. B. Multiple Plans. An Infrastructure Improvements Plan adopted pursuant to this Subsection may address one or more of the Town’s Categories of Necessary Public Services in any or all of the Town’s Service Areas. Each Capital Facility shall be subject to no more than one Infrastructure Improvements Plan at any given time. C. Reserved Capacity. The Town may reserve capacity in an Infrastructure Improvements Plan to serve one or more planned future developments, including capacity reserved through a Development Agreement pursuant to Section 7-2-12 below. All reservations of existing capacity must be disclosed in the Infrastructure Improvements Plan at the time it is adopted. Section 7-2-8 Adoption and Modiflcation Procedures. A. Adopting or Amending the Infrastructure Improvements Plan. The Infrastructure Improvements Plan shall be adopted or amended subject to the following procedures: 1. Major Amendments to the Infrastructure Improvements Plan. Except as provided in Paragraph 2 of this Subsection, the adoption or amendment of an Infrastructure Improvement Plan shall occur at one or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the Town’s Land Use Assumptions as provided in Section 7-10-6 above: a. Sixty days before the flrst public hearing regarding a new or updated Infrastructure Improvements Plan, the Town shall provide public notice of the hearing and post the Infrastructure Improvements Plan and the underlying Land Use Assumptions on its website; the Town shall additionally make available to the public the documents used to prepare the Infrastructure Improvements Plan and underlying Land Use Assumptions and any proposed changes to Capital Facilities. b. The Town shall conduct a public hearing on the Infrastructure Improvements Plan and underlying Land Use Assumptions at least 30 days, but no more than 60 days, before approving or disapproving the Infrastructure Improvements Plan. 2. Minor Amendments to the Infrastructure Improvements Plan. Notwithstanding the other requirements of this Section, the Town may update the Infrastructure Improvements Plan and/or its underlying Land Use Assumptions without a public hearing if all of the following apply: a. The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not add any new Category of Necessary Public Services to any Service Area. b. The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not increase the Level of Service to be provided in any Service Area. c. Based on an analysis of the Fee Report and the Town’s adopted development impact fee schedules, the changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions would not, individually or cumulatively with other amendments undertaken pursuant to this Subsection, have caused a development impact fee in any Service Area to have been increased by more than flve per cent above the development impact fee that is provided in the current development impact fee schedule. d. At least 30 days prior to the date that the any amendment pursuant to this Section is adopted, the Town shall post the proposed amendments on the Town website. B. Amendments to the Fee Report. Any adoption or amendment of a Fee Report and fee schedule shall occur at one or more public hearings according to the following schedule: 1. The flrst public hearing on the Fee Report must be held at least 30 days after the adoption or approval of and Infrastructure Improvements Plan as provided in Subsection A of this Section. The Town must give at least 30 days notice prior to the hearing; provided, that this notice may be given on the same day as the approval or disapproval of the Infrastructure Improvements Plan. 2. The Town shall make the Infrastructure Improvements Plan and underlying Land Use Assumptions available to the public on the Town’s website 30 days prior to the public hearing described in Paragraph (1) of this Subsection. 3. The Fee Report may be adopted by the Town no sooner than 30 days, and no later than 60 days, after the hearing described in Paragraph (1) of this Subsection. 4. The development fee schedules in the Fee Report adopted pursuant to this Subsection shall become effective as set forth in A.R.S. § 9-463.05. Section 7-2-9 Timing for the Renewal and Updating of the Infrastructure Improvements Plan and the Land Use Assumptions A. Renewing the Infrastructure Improvements Plan. Except as provided in Subsection B of this Section, not later than every flve years the Town shall update the applicable Infrastructure Improvements Plan and Fee Report related to each Category of Necessary Public Services pursuant to Section 7-2-8 above. Such flve-year period shall be calculated from the date of the adoption of the Infrastructure Improvements Plan or the date of the adoption of the Fee Report, whichever occurs later. B. Determination of No Changes. Notwithstanding Subsection 7-2-9 A. above, if the Town determines that no changes to an Infrastructure Improvements Plan, underlying Land Use Assumptions, or Fee Report are needed, the Town may elect to continue the existing Infrastructure Improvements Plan and Fee Report without amendment by providing notice as follows: 1. Notice of the determination shall be published at least 90 days prior to the end of the flve- year period described in Subsection 7-2-9 A. above. 2. The notice shall identify the Infrastructure Improvements Plan and Fee Report that shall continue in force without amendment. 3. The notice shall provide a map and description of the Service Area(s) covered by such Infrastructure Improvements Plan and Fee Report. 4. The notice shall identify an address to which any resident of the Town may submit, within 60 days, a written request that the Town update the Infrastructure Improvements Plan, underlying Land Use Assumptions, and/or Fee Report and the reasons and basis for the request. C. Response to Comments. The Town shall consider and respond to any timely requests submitted pursuant to Subsection 7-2-9 B. 4. above. Section 7-2-10 Collection of Development Impact Fees A. Collection. Development impact fees, together with administrative charges assessed pursuant to Subsection 7-2-10 A. 5. below, shall be calculated and collected prior to issuance of permission to commence development; speciflcally: 1. Unless otherwise specifled pursuant to a Development Agreement adopted pursuant to Section 7-2-12 below, development impact fees shall be paid prior to issuance of a Building Permit according to the current development impact fee schedule for the applicable Service Area(s) as adopted pursuant to this Article, or according to any other development impact fee schedule as authorized in this Article. 2. If the development is located in a Service Area with a Storm water, Drainage, and Flood Control development impact fee, and neither a Building Permit, Water, or sewer service connection is required, the Storm Drainage development impact fee due shall be paid at the time any permit is issued for the development. 3. No Building Permit, Water or sewer connection, or certiflcate of occupancy shall be issued if a development impact fee is not paid as directed in the previous Subsections. 4. If the Building Permit is for a change in the type of building use, an increase in square footage, a change to land use, or an addition to a residential or nonresidential point of demand to the Water or Wastewater system, the development impact fee shall be assessed on the additional service units resulting from the expansion or change, and following the development impact fee schedule applicable to any new use type. 5. For issued permits that expire or are voided, development impact fees and administrative charges shall be as follows: a. If the original permittee is seeking to renew an expired or voided permit, and the development impact fees paid for such development have not been refunded, then the permittee shall pay the difference between any development impact fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed. b. If a new or renewed permit for the same development is being sought by someone other than the original permittee, the new permit Applicant shall pay the full development impact fees specifled in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit Applicant, the new permit Applicant shall pay development impact fees as if it were the original permittee. B. Exceptions. Development impact fees shall not be owed under either of the following conditions: 1. Development impact fees have been paid for the development and the permit(s) which triggered the collection of the development impact fees have not expired or been voided. 2. The approval(s) that trigger the collection of development impact fees involve modiflcations to existing residential or nonresidential development that do not: (a) add new Service Units, (b) increase the impact of existing Service Units on existing or future Capital Facilities, or (c) change the land-use type of the existing development to a different Category of Development for which a higher development impact fee would have been due. To the extent that any modiflcation does not meet the requirements of this Paragraph, the development impact fee due shall be the difference between the development impact fee that was or would have been due on the existing development and the development impact fee that is due on the development as modifled. C. Temporary Freezing of Development Impact Fee Schedules. New developments in the Town shall be temporarily exempt from increases in development impact fees that result from the adoption of new or modifled development impact fee schedules as follows: 1. On or after the day that the flrst Building Permit is issued for a single-family residential development, the Town shall, at the permittee’s request, provide the permittee with an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that the flrst Building Permit is issued, and which shall expire at the end of the flrst business day of the 25th month thereafter. During the effective period of the applicable development impact fee schedule, the Developer shall pay the fees on that schedule, and any Building Permit issued for the same single-family residential development shall not be subject to any new or modifled development impact fee schedule. 2. On or after the day that the flnal approval, as deflned in A.R.S. § 9-463.05(T)(4), is issued for a commercial, industrial or multifamily development, the Town shall provide an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that flnal development approval of a site plan or flnal subdivision plat is given, and which shall expire at the end of the flrst business day of the 25th month thereafter. During the effective period of the applicable development impact fee schedule, any Building Permit issued for the same development shall not be subject to any new or modifled development impact fee schedule. 3. Any Category of Development not covered under Subsections 7-2-10 C. 1. and 2. above shall pay development impact fees according to the fee schedule that is current at the time of collection as specifled in Subsection 7-2-10 A. above. 4. Notwithstanding the other requirements of this Subsection, if changes are made to a development’s flnal site plan or subdivision plat that will increase the number of service units after the issuance of a development impact fee schedule issued pursuant to this Subsection 7- 2-10 C., the Town may assess any new or modifled development impact fees against the additional service units. If the Town reduces the amount of an applicable development impact fee during the period that a development impact fee schedule issued pursuant to this Subsection 7-2-10 C. of this Section is in force, the Town shall assess the lower development impact fee. D. Option to Pursue Special Fee Determination. Where a development is of a type that does not closely flt within a particular Category of Development appearing on an adopted development impact fee schedule, or where a development has unique characteristics such that the actual burdens and costs associated with providing Necessary Public Services to that development will differ substantially from that associated with other developments in a specifled Category of Development, the Town may require the Applicant to provide the Town Manager or authorized designee with an alternative development impact fee analysis. Based on a projection of the actual burdens and costs that will be associated with the development, the alternative development impact fee analysis may propose a unique fee for the development based on the application of an appropriate Service Unit factor, or may propose that the development be covered under the development impact fee schedule governing a different and more analogous Category of Development. The Town Manager or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development impact fee to be charged. Such decision shall be appealable pursuant to Section 7-2-13 below. The Town Manager or authorized designee may require the Applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application. Section 7-2-11 Development Impact Fee Credits and Credit Agreements A. Eligibility of Capital Facility. All development impact fee Credits must meet the following requirements: 1. One of the following is true: a. The Capital Facility, or the flnancial contribution toward a Capital Facility that will be provided by the Developer and for which a Credit will be issued, must be identifled in an adopted Infrastructure Improvements Plan and Fee Report as a Capital Facility for which a development impact fee was assessed; or b. The Applicant must demonstrate to the satisfaction of the Town that, given the class and type of improvement, the subject Capital Facility should have been included in the Infrastructure Improvements Plan in lieu of a different Capital Facility that was included in the Infrastructure Improvements Plan and for which a development impact fee was assessed. If the subject Capital Facility is determined to be eligible for a Credit in this manner, the Town shall amend the Infrastructure Improvements Plan to (i) include the subject replacement facility and (ii) delete the Capital Facility that will be replaced. 2. Credits shall not be available for any infrastructure provided by a Developer if the cost of such infrastructure will be repaid to the Developer by the Town through another agreement or mechanism. To the extent that the Developer will be paid or reimbursed by the Town for any contribution, payment, construction, or dedication from any Town funding source including an agreement to reimburse the Developer with future-collected development impact fees pursuant to Section 7-2-12 below, any Credits claimed by the Developer shall be: (a) deducted from any amounts to be paid or reimbursed by the Town; or (b) reduced by the amount of such payment or reimbursement. B. Eligibility of Subject Development. To be eligible for a Credit, the Subject Development must be located within the Service Area of the eligible Capital Facility. C. Calculation of Credits. Credits will be based on that portion of the costs for an eligible Capital Facility identifled in the adopted Infrastructure Improvements Plan for which a development fee was assessed pursuant to the Fee Report. If the Gross Impact Fee for a particular category of Necessary Public Service is adopted at an amount lower than the maximum amount justifled by the Fee Report, the amount of any Credit shall be reduced in proportion to the difference between the maximum amount justifled by the Fee Report, and the Gross Impact Fee adopted. A Credit shall not exceed the actual costs the Applicant incurred in providing the eligible Capital Facility. D. Credit Allocation. Before any Credit can be issued to a Subject Development (or portion thereof), the Credit must be allocated to that development as follows: 1. The Developer and the Town must execute a Credit Agreement including all of the following: a. The total amount of the Credits resulting from provision of an eligible Capital Facility. b. The estimated number of Service Units to be served within the Subject Development. c. The method by which the Credit values will be distributed within the Subject Development. 2. It is the responsibility of the Developer to request allocation of development impact fee Credits through an application for a Credit Agreement (which may be part of a Development Agreement entered into pursuant to Section 7-2-12 below). 3. If a Building Permit is issued or a Water/sewer connection is purchased, and a development impact fee is paid prior to execution of a Credit Agreement for the Subject Development, no Credits may be allocated retroactively to that permit or connection. Credits may be allocated to any remaining permits for the Subject Development in accordance with this Article. 4. If the entity that provides an eligible Capital Facility sells or relinquishes a development (or portion thereof) that it owns or controls prior to execution of a Credit Agreement or Development Agreement, Credits resulting from the eligible Capital Facility will only be allocated to the development if the entity legally assigns such rights and responsibilities to its successor(s) in interest for the Subject Development. 5. If multiple entities jointly provide an eligible Capital Facility, all entities must enter into a single Credit Agreement with the Town, and any request for the allocation of Credit within the Subject Development(s) must be made jointly by the entities that provided the eligible Capital Facility. 6. Credits may only be reallocated from or within a Subject Development with the Town’s approval of an amendment to an executed Credit Agreement, subject to the following conditions: a. The entity that executed the original agreement with the Town, or its legal successor in interest and the entity that currently controls the Subject Development are parties to the request for reallocation. b. The reallocation proposal does not change the value of any Credits already issued for the Subject Development. 7. A Credit Agreement may authorize the allocation of Credits to a noncontiguous parcel only if all of the following conditions are met: a. The entity that executed the original agreement with the Town or its legal successor in interest, the entity that currently controls the Subject Development, and the entity that controls the noncontiguous parcel are parties to the request for reallocation. b. The reallocation proposal does not change the value of any Credits already issued for the Subject Development. c. The noncontiguous parcel is in the same Service Area as that served by the eligible Capital Facility. d. The noncontiguous parcel receives a Necessary Public Service from the eligible Capital Facility. e. The Credit Agreement speciflcally states the value of the Credits to be allocated to each parcel and/or Service Unit, or establishes a mechanism for future determination of the Credit values. f. The Credit Agreement does not involve the transfer of Credits to or from any property subject to a Development Agreement. E. Credit Agreement. Credits shall only be issued pursuant to a Credit Agreement executed in accordance with Subsection D of this Section. The Town Manager is authorized by this Article to enter into a Credit Agreement with the controlling entity of a Subject Development, subject to the following: 1. The Developer requesting the Credit Agreement shall provide all information requested by the Town to allow it to determine the value of the Credit to be applied. 2. An application for a Credit Agreement shall be submitted to the Town by the Developer within one year of the date on which ownership or control of the Capital Facility passes to the Town. 3. The Developer shall submit a draft Credit Agreement to the Town Manager or authorized designee(s) for review in the form provided to the Applicant by the Town. The draft Credit Agreement shall include, at a minimum, all of the following information and supporting documentation: a. A legal description and map depicting the location of the Subject Development for which Credit is being applied. The map shall depict the location of the Capital Facilities that have been or will be provided. b. An estimate of the total Service Units that will be developed within the Subject Development depicted on the map and described in the legal description. c. A list of the Capital Facilities, associated physical attributes, and the related costs as stated in the Infrastructure Improvements Plan. d. Documentation showing the date(s) of acceptance by the Town, if the Capital Facilities have already been provided. e. The total amount of Credit to be applied within the Subject Development and the calculations leading to the total amount of Credit. f. The Credit amount to be applied to each Service Unit within the Subject Development for each Category of Necessary Public Services. 4. The Town’s determination of the Credit to be allocated is flnal. 5. Upon execution of the Credit Agreement by the Town and the Applicant, Credits shall be deemed allocated to the Subject Development. 6. Any amendment to a previously-approved Credit Agreement must be initiated within two years of the Town’s flnal acceptance of the eligible Capital Facility for which the amendment is requested. 7. Any Credit Agreement approved as part of a Development Agreement shall be amended in accordance with the terms of the Development Agreement and Section 7-2-12 below. F. Credit Issuance. Credits allocated pursuant to Subsection 7-2-11 D. above may be issued and applied toward the Gross Impact Fees due from a development, subject to the following conditions: 1. Credits issued for an eligible Capital Facility may only be applied to the development impact fee due for the applicable Category of Necessary Public Services, and may not be applied to any fee due for another Category of Necessary Public Services. 2. Credits shall only be issued when the eligible Capital Facility from which the Credits were derived has been accepted by the Town or when adequate security for the completion of the eligible Capital Facility has been provided in accordance with all terms of an executed Development Agreement. 3. Where Credits have been issued pursuant to Subsection 7-2-11 F. 2., an impact fee due at the time a Building Permit is issued shall be reduced by the Credit amount stated in or calculated from the executed Credit Agreement. Where Credits have not yet been issued, the Gross Impact Fee shall be paid in full, and a refund of the Credit amount shall be due when the Developer demonstrates compliance with Subsection 7-10-11(F)(2) in a written request to the Town. 4. Credits, once issued, may not be rescinded or reallocated to another permit or parcel, except that Credits may be released for reuse on the same Subject Development if a Building Permit for which the Credits were issued has expired or been voided and is otherwise eligible for a refund under Subsection 7-2-14 A. 2. a. below. 5. Notwithstanding the other provisions of this Section 7-2-11, Credits issued prior to January 1, 2012, may only be used for the Subject Development for which they were issued. Such Credits may be transferred to a new owner of all or part of the Subject Development in proportion to the percentage of ownership in the Subject Development to be held by the new owner. Section 7-2-12 Development Agreements Development Agreements containing provisions regarding development impact fees, development impact fee Credits, and/or disbursement of revenues from development impact fee accounts shall comply with the following: A. Development Agreement Required. A Development Agreement is required to authorize any of the following: 1. To issue Credits prior to the Town’s acceptance of an eligible Capital Facility. 2. To allocate Credits to a parcel that is not contiguous with the Subject Development and that does not meet the requirements of Subsection 7-2-11 D. 7. above. 3. To reimburse the Developer of an eligible Capital Facility using funds from development impact fee accounts. 4. To allocate different Credit amounts per Service Unit to different parcels within a Subject Development. 5. For a single-family residential Dwelling Unit, to allow development impact fees to be paid at a later time than the issuance of a Building Permit as provided in this Section. B. General Requirements. All Development Agreements shall be prepared and executed in accordance with A.R.S. § 9-500.05 and any applicable requirements of the Town Code. Except where speciflcally modifled by this Section, all provisions of Section 7-2-11 above shall apply to any Credit Agreement that is authorized as part of a Development Agreement. C. Early Credit Issuance. A Development Agreement may authorize Credit Issuance prior to acceptance of an eligible Capital Facility by the Town when the Development Agreement speciflcally states the form and value of the security (i.e. bond, letter of Credit, etc.) to be provided to the Town prior to Credit Issuance. The Town Attorney shall determine the acceptable form and value of the security to be provided. D. Noncontiguous Credit Allocation. A Development Agreement may authorize the allocation of Credits to a noncontiguous parcel only if all of the following conditions are met: 1. The noncontiguous parcel is in the same Service Area as that served by the eligible Capital Facility. 2. The noncontiguous parcel receives a Necessary Public Service from the eligible Capital Facility. 3. The Development Agreement speciflcally states the value of the Credits to be allocated to each parcel and/or Service Unit, or establishes a mechanism for future determination of the Credit values. E. Uneven Credit Allocation. If the Credits are not to be allocated evenly, the Development Agreement must specify how Credits will be allocated amongst different parcels on a per Service Unit basis. If the Development Agreement is silent on this topic, all Credits will be allocated evenly amongst all parcels on a per Service Unit basis. F. Use of Reimbursements. Funds reimbursed to Developers from impact fee accounts for construction of an eligible Capital Facility must be utilized in accordance with applicable law for the use of Town funds in construction or acquisition of Capital Facilities, including A.R.S. § 34-201, et seq. G. Deferral of Fees. A Development Agreement may provide for the deferral of payment of development impact fees for a single-family residential development beyond the issuance of a Building Permit; provided that a development impact fee may not be paid later than 15 days after the issuance of the certiflcate of occupancy for that Dwelling Unit. The Development Agreement shall provide for the value of any deferred development impact fees to be supported by appropriate security, including a surety bond, letter of credit, or cash bond. H. Waiver of Fees. If the Town agrees to waive any development impact fees assessed on development in a Development Agreement, the Town shall reimburse the appropriate development impact fee account for the amount that was waived. I. No Obligation. Nothing in this Section obligates the Town to enter into any Development Agreement or to authorize any type of Credit Agreement permitted by this Section. Section 7-2-13 Appeals A development impact fee determination by Town staff may be appealed in accordance with the following procedures: A. Limited Scope. An appeal shall be limited to disputes regarding the calculation of the development impact fees for a speciflc development and/or permit and calculation of Service Unit’s for the development. B. Form of Appeal. An appeal shall be initiated in such written form as the Town may prescribe, and submitted to the Town Manager or authorized designee. C. Timing of Appeal to Manager. The Applicant may appeal the calculation to the Town Manager or authorized designee within 30 calendar days of the calculation. D. Action by Manager. The Town Manager or authorized designee shall act upon the appeal within 14 calendar days of receipt of the appeal, and the Applicant shall be notifled of the Town Manager or authorized designee’s decision in writing. E. Final Decision. The Town Manager or authorized designee’s decision regarding the appeal is flnal. F. Fees During Pendency. Building permits may be issued during the pendency of an appeal if the Applicant 1. Pays the full impact fee calculated by the Town at the time the appeal is flled or, 2. Provides the Town with flnancial assurances in the form acceptable to the Town Attorney equal to the full amount of the impact fee. Upon flnal disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the Town Manager or authorized designee, and the Applicant has provided the Town with flnancial assurances as set forth in clause (2) of this paragraph, the Applicant shall deliver the full amount of the impact fee to the Town within ten days of the Town Manager or designee’s flnal decision on the appeal. If the Applicant fails to deliver the full amount of the impact fees when required by this Subsection, the Town may draw upon such flnancial assurance instrument(s) as necessary to recover the full amount of the impact fees due from the Applicant. Section 7-2-14 Refunds of Development Impact Fees A. Refunds. A refund (or partial refund) will be paid to any current owner of property within the Town who submits a written request to the Town and demonstrates that: 1. The permit(s) that triggered the collection of the development impact fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development impact fees collected have not been expended, encumbered, or Pledged for the repayment of Financing or Debt; or 2. The owner of the subject real property or its predecessor in interest paid a development impact fee for the applicable Capital Facility on or after August 1, 2014, and one of the following conditions exists: a. The Capital Facility designed to serve the subject real property has been constructed, has the capacity to serve the subject real property and any development for which there is reserved capacity, and the service which was to be provided by that Capital Facility has not been provided to the subject real property from that Capital Facility or from any other infrastructure. b. After collecting the fee to construct a Capital Facility the Town fails to complete construction of the Capital Facility within the time period identifled in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject real property from that Capital Facility or any other infrastructure. c. For a Category of Necessary Public Services other than Water or Wastewater Facilities, any part of a development impact fee is not spent within ten years of the Town’s receipt of the development impact fee. Any part of a development impact fee for Water or Wastewater Facilities is not spent within 15 years of the Town’s receipt of the development impact fee. For the purpose of determining whether fees have been spent, the Town shall use a flrst-in, flrst-out process. d. Any part of a development impact fee for Water or Wastewater Facilities is not spent within 15 years of the Town’s receipt of the development impact fee. For the purpose of determining whether fees have been spent, the Town shall use a flrst-in, flrst-out process. e. The development impact fee was calculated and collected for the construction cost to provide all or a portion of a speciflc Capital Facility serving the subject real property and the actual construction costs for the Capital Facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10% or more. In such event, the current owner of the subject real property shall, upon request as set forth in this Section A, be entitled to a refund for the difference between the amounts of the development impact fee charged for and attributable to such construction cost and the amount the development impact fee would have been calculated to be if the actual construction cost had been included in the Fee Report. The refund contemplated by this Subsection shall relate only to the costs speciflc to the construction of the applicable Capital Facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the Capital Facility that are included in the development impact fee as permitted by A.R.S. § 9-463.05. B. Earned Interest. A refund of a development impact fee shall include any interest actually earned on the refunded portion of the development impact fee by the Town from the date of collection to the date of refund; provided, however that interest is not required to be paid if the refund is requested by the Developer or property owner due to voluntary cessation or abandonment of work. All refunds shall be made to the record owner of the property at the time the refund is paid. C. Refund to Government. If a development impact fee was paid by a governmental entity, any refund shall be paid to that governmental entity. D. Time Limitation. Any refund request must be made not later than 180 days following the occurrence of any event described in Subsections 7-2-14 A. 2. a. to e. above. Section 7-2-15 Oversight of Development Impact Fee Program A. Annual Report. Within 90 days of the end of each flscal year, the Town shall flle with the Town Clerk an unaudited annual report accounting for the collection and use of the fees for each Service Area and shall post the report on its website in accordance with A.R.S. § 9-463.05(N) and (O), as amended. B. Biennial Audit. In addition to the Annual Report described in Subsection 7-10-15(A) above, the Town shall provide for a biennial, certifled audit of the Town’s Land Use Assumptions, Infrastructure Improvements Plan and development impact fees. 1. An audit pursuant to this Subsection shall be conducted by one or more Qualifled Professionals who are not employees or officials of the Town and who did not prepare the Infrastructure Improvements Plan. 2. The audit shall review the collection and expenditures of development fees for each project in the plan and provide written comments describing the amount of development impact fees assessed, collected, and spent on capital facilities. 3. The audit shall describe the Level of Service in each Service Area, and evaluate any inequities in implementing the Infrastructure Improvements Plan or imposing the development impact fee. 4. The Town shall post the flndings of the audit on the Town’s website and shall conduct a public hearing on the audit within 60 days of the release of the audit to the public. 5. For purposes of this Section, a certifled audit shall mean any audit authenticated by one or more of the Qualifled Professionals conducting the audit pursuant to Subsection 7-2-15 B. 1. above. ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Ordinance 25-07 amending Town Code Chapter 10, Health and Sanitation, Sections 10-2-3, Litter in Public Places, and Article 10-6, On-site Rest Room Facilities. Staff Summary (Background) Under a separate agenda item Town staff have presented the Council with an update to Town Code Chapter 7, Buildings and Building Regulations, to update the ordinance to the 2024 Building Codes.  As part of preparing those updates, staff reviewed other sections of the Town Code that should also be considered for updating. In doing so, staff identified two provisions in Chapter 10 that are part of the building construction process that would be better to have in Chapter 7. The specific changes contained in Ordinance 25-07 are:  Section 10-2-3 Litter in Public Places; Construction Debris A. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles, or in authorized private receptacles for collection. B. Construction debris shall not remain uncontained for more than twenty-four hours and shall be contained at all times upon the premises. The provision for containing construction debris is moved to Section 7-1-11.  Article 10-6 On-Site Rest Room Facilities Section 10-6-1 On-Site Rest Room Facilities All construction sites shall provide on-site rest room facilities for employees while construction is occurring in conformance with all of the following provisions: A. There shall be a minimum of one toilet provided on-site for every single-family residential construction project. When the same general contractor has two single-family residential construction projects on adjourning lots with the same street frontage, one toilet located as close as possible to the common property shall fulfill the requirements of this article for both sites. B. When there is a nonsingle-family residential construction site, there shall be one toilet facility for every five thousand square feet of building area. Any fraction there of shall be rounded up to require the additional toilet facility. This requirement for on-site rest rooms at construction sites is moved to Section 7-1-9. Related Ordinance, Policy or Guiding Principle Town Code Chapters 7 and 10 Risk Analysis N/A N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the proposed ordinance. SUGGESTED MOTION MOVE to approve Ordinance #25-07. Attachments Ordinance 25-07  ORDINANCE NO. 25-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING TOWN CODE CHAPTER 10, HEATH AND SANITATION BY REMOVING SECTION 10-2-3 B AND ARTICLE 10-6 ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Chapter 10, Health and Sanitation, Section 10-2-3, Litter in Public Places; Construction Debris, of the Fountain Hills Town Code, is hereby amended to delete subsection B. 10-2-3 Litter in Public Places; Construction Debris A. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles, or in authorized private receptacles for collection. B. Construction debris shall not remain uncontained for more than twenty-four hours and shall be contained at all times upon the premises. SECTION 2. That Chapter 10, Health and Sanitation, Article 10-6, On-Site Rest Room Facilities, is deleted. Article 10-6 On-Site Rest Room Facilities Section 10-6-1 On-Site Rest Room Facilities All construction sites shall provide on-site rest room facilities for employees while construction is occurring in conformance with all of the following provisions: A. There shall be a minimum of one toilet provided on-site for every single-family residential construction project. When the same general contractor has two single-family residential construction projects on adjourning lots with the same street frontage, one toilet located as close as possible to the common property shall fulfill the requirements of this article for both sites. B. When there is a nonsingle-family residential construction site, there shall be one toilet facility for every five thousand square feet of building area. Any fraction there of shall be rounded up to require the additional toilet facility. SECTION 3. That this ordinance become effective on September 1, 2025. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 17th day of June, 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Mayor Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Town Manager Town Attorney ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Kevin Snipes, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Additional Community Center Improvements. Staff Summary (Background) Staff is requesting Town Council approval for the purchase of additional replacement lighting for the Fountain Hills Community Center, specifically for the ballrooms and the hallway leading to them. At the April 1, 2025, Town Council meeting, funding not to exceed $50,000 was approved as phase 1 of the Community Center lighting replacement project. This initial phase, funded under the FY2025 budget, included lighting for the lobby, ceiling fans for the lobby, and divider walls for the ballrooms. Phase 2, funded in the FY2026 CIP, includes replacement lighting for the ballrooms and adjacent hallway. However, due to extended manufacturing lead times, the lighting fixtures for Phase 1 will not arrive in time to be installed before the close of FY2025. As a result, staff recommends consolidating both phases into a single order and installation process in FY2026. This approach will ensure consistent fixture styles throughout the facility, reduce freight costs, and improve scheduling and project efficiency. Of the original $50,000 approved in FY2025, that amount will roll over into FY2026. Staff is now requesting an additional $70,000 from the $300,000 allocated in the FY2026 Capital Improvement Plan for Community Center improvements, to complete the full lighting upgrade across the lobby, ballrooms, and hallway. Staff has worked with the vendor, Lighting Unlimited, and confirmed that placing a single, consolidated order will not only help ensure timely delivery but also provide cost savings on shipping and reduce the risk of further delays. Fiscal Impact: The total consolidated project cost of $120,000—comprised of $50,000 from the FY2025 budget (rolling into FY2026) and an additional $70,000 requested from the FY2026 Capital Improvement Plan—can be accommodated within existing capital improvement funding and budget authority. Consolidating the two phases will result in reduced shipping costs by an estimated $5,000 and help maintain project momentum by avoiding further delays Related Ordinance, Policy or Guiding Principle NA Risk Analysis Ongoing maintenance of the Community Center and its operational equipment is essential to ensuring a safe, functional, and accessible space for the public.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends that Council approve the purchase of additional replacement lighting for the Community Center’s ballrooms and adjacent hallway, allowing all fixtures to be ordered and shipped together for cost efficiency and timely installation.   SUGGESTED MOTION MOVE to approve additional Community Center Improvements and necessary contracts. Fiscal Impact Fiscal Impact:$70,000 Budget Reference:FY2026 Funding Source:Capital Projects Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Community Center lighting quote  PRICE QUOTE Phone 602-230-8770 Fax 480-443-1919 Page 1 Printed 06/03/25 SR Quoted Ship To TOWN OF FOUNTAIN HILLS TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains 16705 E. Avenue of the Fountain Fountain Hills AZ 85268 Fountain Hills AZ 85268 Buyer: KEVIN SNIPES Tel:480-816-5113 Fax:480-837-3145 Quote # Quote Date Exp Date Customer # Customer P/O #Ship Via Writer QX16576 06/03/2025 07/03/2025 0013642 COMMUNITY CENTER SR Job ID Customer Terms Salesman COMMUNITY CENTER 30 JOEL KOHN STRATEGIC GRO Product Description UM Quant Unit Price Extension ********************************** * MATTERIAL AND FREIGHT IS * ESTIMATED ONLY, JOB QUOTE * NEEDED PRIOR TO ORDER * ********************************** C4007 EA 6 13530.00 81180.00 CUSTOM 72" 2-TIER DRUM PENDANT: 72" X 24", UPPER DRUM: 72" X 18"H, LOWER DRUM: 48" X 6"H L414, 126W LED, UNV, 3500K, 0-10V DIMMING, SUSPENSION: 6' WHITE CORD + 4 STEEL AIRCRAFT CABLES, UPPER DIFFUSER: D61 MT WHITE (DEFAULT), LOWER DIFFUSER: D61 MT WHITE (DEFAULT), FRAME FINISH: F11 POWDER COAT WHITE (DEFAULT), TOP LENS: LTC BOTTOM LENS: LBA (ALL TIERS) C4039 EA 8 1780.00 14240.00 CUSTOM SM DRUM 23 OD X 8H, F4 POWDER COAT EARTH LUMENATE: D40 BUTTERCUP, LED LAMPING: L411-LED 1775 DELIVERED LUMENS 21W (0-10V UNV OR 120V PHASE) LBW W/FINIAL Continue... PRICE QUOTE Phone 602-230-8770 Fax 480-443-1919 Page 2 Printed 06/03/25 SR Quoted Ship To TOWN OF FOUNTAIN HILLS TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains 16705 E. Avenue of the Fountain Fountain Hills AZ 85268 Fountain Hills AZ 85268 Buyer: KEVIN SNIPES Tel:480-816-5113 Fax:480-837-3145 Quote # Quote Date Exp Date Customer # Customer P/O # Ship Via Writer QX16576 06/03/2025 07/03/2025 0013642 COMMUNITY CENTER SR Job ID Customer Terms Salesman COMMUNITY CENTER 30 JOEL KOHN STRATEGIC GRO Product Description UM Quant Unit Price Extension Sub Total $95,420.00 Freight $5,000.00 T o t a l X:__________________________________________Misc Charges $0.00 (Accepted by)Tax Amount $8,206.12 108,626.12 MESSAGE TERMS ALLFREIGHT CLAIMS FOR DAMAGES,SHORTAGES,$19.95 delivery feeonorders less than$500. &DISCREPANCIES MUST BEFILEDWITHIN 5 BUSINESS 1.5%Financechargeonpastdueinvoices. DAYS UPON RECEIPT OF GOODS.All returns may incur a restock fee. ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Paul Soldinger, Chief Financial Officer Request to Town Council Regular Meeting (Agenda Language):  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. 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. This item is presented for further discussion and possible action during tonight’s Council meeting Related Ordinance, Policy or Guiding Principle Council discussion and direction at the May 20, 2025, meeting. 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 Attachments Council Travel Policy  Town of Fountain Hills, AZ Council Travel Policy 6/17/2025 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 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 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. 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). Town of Fountain Hills – Council Travel Policy Page 6 of 7 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 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. ITEM 8. H. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Paul Soldinger, Chief Financial Officer Staff Contact Information: Paul Soldinger, Chief Financial Officer Request to Town Council Regular Meeting (Agenda Language):  DISCUSSION AND POSSIBLE DIRECTION: Relating to the Staff and Elected Officials Pay Adjustment Process. Staff Summary (Background) During each fiscal year's budget process, staff includes a cost-of-living adjustment (COLA) for Town employees in the Tentative Budget, which is presented to the Council by May for the upcoming fiscal year. For example, the Fiscal Year 2026 Tentative Budget—including a COLA for all Town staff—was adopted by Council on May 6, 2025. Historically, staff internally determined the proposed COLA increase for inclusion in the Tentative Budget. However, beginning with the Fiscal Year 2024 budget cycle and continuing through Fiscal Year 2026, staff began compiling and presenting a broader set of data points to Council for direction on the COLA adjustment to include in the budget. Most recently, during the FY 2026 Proposed Budget Work Session on April 8, 2025, staff presented nine data points to support this discussion. In addition to staff compensation, the Mayor and Council currently receive monthly stipends of $600 for the Mayor and $400 for each Councilmember—amounts which were established in July 2000. Changes to Council stipends may be made by resolution, as allowed by Town Code and state statute. At the May 6, 2025 meeting, Council directed staff to bring forward a formal discussion of the staff COLA and Council stipend adjustment processes. In response, staff has included the same nine data points from the April 8 budget presentation to support further Council discussion. This item is presented for discussion only. Staff will use Council’s input to prepare draft written policies and/or procedures for Council consideration in the fall, upon Council's return from recess.     Related Ordinance, Policy or Guiding Principle Town budgetary processes for staff pay adjustments during annual budget processes Town Code, Section 2-1-5 for Council stipend adjustments ARS 9-232.01 for council stipend adjustments Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A N/A SUGGESTED MOTION MOVE to follow Council directives to develop draft policies and/or procedures regarding staff COLA recommendations and Council stipend adjustments, for consideration at a future Council meeting. Attachments Presentation  Staff & Council Pay Adjustment Data Previous Years FY2024 FY2025 FY2026 Description Phoenix/Scottsdale Consumer Price Index (CPI) - (US Bureau of Labor Statistics - BLS)9.50% 2.70% 1.60% The Bureau of Labor Statistics (BLS) publishes the Consumer Price Index (CPI) to measure changes in the prices of goods and services purchased by urban consumers. This measure is for the Phoenix/Scottsdale area. Employment Cost Index (ECI) – State & Local Government Worker (US BLS)4.70% 4.70% 4.50% The ECI is a measure of the change in the price of labor. The BLS utilizes statistically valid methodologies in computing labor cost data collected from a sample of jobs within government establishments and operations. Average Private Sector Yearly Wage Increase for Arizona Employers (US BLS)10.00% 5.90% 5.00% The BLS compiles wage data from private sector employers and publishes data by State and number of employees. State of Arizona Minimum Wage Increase 8.20% 3.70% 2.40% Each September the State of Arizona Industrial Commission sets the rate for the following January that is statutorily set to increase by the same amount as the Federal Bureau of Labor Statistic’s Consumer Price Index for urban workers, rounded to the nearest five cents based on the increase from August of the prior year to August of the current year. Social Security COLA Increase 8.70% 3.20% 2.50% The Social Security Administration (SSA) uses an automatic annual cost-of-living based on the annual increase in CPI. WILLIS TOWERS WATSON(Projected from Yearly Survey)4.60% 3.80% 3.70% Willis Towers Watson provides various commercial services, including this global salary survey for U.S. companies. PAYSCALE (Projected from Yearly Salary Budget Survey)4.00% 4.50% 3.50% Payscale is a company that provides compensation data, software, and services. Payscale's goal is to help people and businesses find accurate information about job market compensation. THE CONFERENCE BOARD (Projected by Yearly Salary Increase Budgets Survey)4.40% 3.80% 3.90% The Conference Board is a nonprofit organization that also surveys over 1,000 public and private corporations in 60 countries for its yearly salary increase survey. Town Surveys of Other AZ Municipalities 7.41% 4.80% 4.63%Estimates received from other Arizona municipalities. Average of COLA Data Points 6.83% 4.12% 3.53% Council Approved COLA 7.00% 4.50% 2.50% Proposed Budget Presentations Staff included an internally proposed COLA percentage by the Tentative budget each year ITEM 8. I. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/17/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: David Trimble, Deputy Town Manager/Admin. Serv. Dir. Staff Contact Information: David Trimble, Deputy Town Manager/Admin. Serv. Dir. Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: 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 with the selected firm. Staff Summary (Background) SUMMARY This agenda item provides an update on the Town’s efforts to retain new legal counsel and requests Council action to select a law firm to serve as Town Attorney. The process was initiated following notification from Pierce Coleman PLLC, the Town’s current legal services provider, of their intent to discontinue services. A competitive Request for Proposal (RFP) process was conducted, consistent with Council direction, and the Council is now being asked to select a firm to begin contract negotiations for legal representation. BACKGROUND On April 16, 2025, the Town received formal notice from Pierce Coleman PLLC stating the firm would discontinue legal services to the Town of Fountain Hills effective May 1, 2025. The firm subsequently agreed to extend services through June 30, 2025. In response, and per Council direction, the Town initiated a Request for Proposal (RFP) process to identify and retain a new legal services provider. The RFP was officially released on May 13, 2025, with a submission deadline of June 5, 2025. The scope of services outlined in the RFP included general municipal legal counsel, attendance at Council meetings, drafting and review of contracts, litigation support, land use and zoning expertise, and responsiveness to the legal needs of the Council and Town departments. A total of four qualified firms submitted proposals and were invited to participate in oral interviews held between June 10 and June 16, 2025. These interviews provided an opportunity to assess each firm's approach to client service, legal strategy, and understanding of Fountain Hills-specific priorities. CURRENT STATUS Following review of the written proposals and oral interviews, the Town Council has evaluated all candidates and is now being asked to select the top-ranked firm for contract negotiations. The selected firm will be invited to enter into good-faith negotiations to finalize the terms of engagement, including the scope of services, fee schedule, and contract duration. Should negotiations with the selected firm be unsuccessful or result in unresolved issues, the Council reserves the right to reopen discussions and consider alternative courses of action.   Related Ordinance, Policy or Guiding Principle NA Risk Analysis NA NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) NA SUGGESTED MOTION MOVE to approve ____________ to serve as the Town of Fountain Hills Attorney and direct the Town Manager to negotiate and execute a contract with the selected firm.