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HomeMy WebLinkAbout2026.0120.TCRM.VERBATIM.TRANSCRIPTT�WN �F FQUNTAIN HILLS MINLJTES flF THE REGULAR SE551�N �F THE FDUNTAIN HILLS T�WN CDUNCIL JANUARY 2�, 2025 A Regular 5essivn of the Fauntain Hills Town Council was con�ened at 167a5 E. Avenue af the F�untains in open and public sessian at 5:31 p.m. Members Present: Mayor Gerry M. Friedel; Vi�e Mayor Allen Skillicvrn; Councilmember Gayle Earle; Councilmember Brenda J. Kali�ianakis; Councilmember Rick Watts; �auncilmember Hannah tarrabee; Councilmember Peggy M�Mahon Staff Presenf: Town Manager Rachael Gaodwin; Town Clerk Bevelyn Bender, Town Attorney Jennifer Wright t��� A � �--11�1 � ' � � �� .., � ;'(/ ,' �� ,'� l'. L� o ' ��� '� � � �I �1 I. � ', � - ,y ' 1�� e � � ' � ■ � � ■ 'y/'j��_� "o,�� �ha t i s Ax'ti TOWN DF F�UNTAIN HILLS JANUARY 2Q, 2�26 REGULAR MEETING TDWN CDUNCIL Post-Praductian Fiie 7own nf Fountain Hills Regular Meeting Tnwn Cnuncil lanuary 20, 2�2fi Transcription Pro�ided By: eScribers, LLC * � � * * Transcriptian is provided in order to fa�ilitate communication ac�essibility and may not be a tatally verhatim reeord of the praceedings. * * * * * Page 1 of 48 T�WN aF FOUNTAIN HILLS JANUARY 20, 2Q26 REGULAR MEETING TaWN CDUNCIL MAY�R FRIE�EL: I'd like to call the meeting to order if you would please rise for the Pledge af Allegiance. I pledge allegiance -- ALL: -- to the flag of the LJnited 5tates of America and to the republi� for which it stands one nation under God, indi�isible, with liberty and justice for all. MAYOR FREE�EL: Thank yau. And if you chaase ta remain standing, we'll ha�e the in�ocation tonight by Pastor Rod Warembourg fram Desert Creek �ellowship Church. Pastor. PASTOR WAREMB�URG: Thank yflu, Mayor, Council. If you would care to join me. !t's my honar t❑ share the prayer of invo�atian t�night. Father, we in�ite yau ta come tonight. And l.ard, we ask for your help remembering that we are just dust. l.ord, we ask that you would he made wisdom ta this coun�il, that you would be made wisdom ta the peaple who speak tonight. Father, f pray that you would help this council dire�t Fountain Hills in a way that is for her better gaad, and far her progress. Father, we ask all these things tonight. In the name of yaur son, Amen. AL�: Amen. MAYDR FRI��EL: Thank you. Town Clerk, can we please take a roll ca11? TQWI� CLERK: Mayar Friedel? MAY�R FRIE�EL: Present. T�WN CLERK: Vice Mayor 5killicorn? VICE MAYQR SKILLIC�RN: Here. T�WN CLERK: Council Member Earle? EARL.E: Present. T�WN CLERK: Council Member Kalivianakis? KALIVIANAKIS: Here. T�WN CLERK: �ouncil Member Watts? WATTS: Here. TOWN CLERK: Council Member Larrabee? LARRABEE: �iere. T�WN CLERK: And Council Member McMahon? Page 2 of 48 TOWN OF F�UNTAIN HILLS JANUARY 20, 2Q26 REGl1LAR MEETING TQWN CpUNCIL MCMAHQN: k-�ere. TQWN CLERK: Mayor, you have a quorum. MAYDR FRIE�E�: Thank you. And we'll start with aur report by the town manager, Rachael. GOD�WIN: Mayar, Council, thank you. Hope, everybady enjoyed your holiday breafc, welcome ba�k. We ha�e a lat of business going on here in the town. It is a �ery, �ery busy time �f year for us. So I just want to caver a few highlights. First, there's k�een a coupfe questions that have �ome in regarding our Munch and Music program, whi�h is organized by the Fountain Hills Civic and Cultural Assoeiation. They've alerted the town that the program has been can�eled, and we are working ta update the community about this change. It was rather sudden so we are working to update everyone. If you were planning to join us, please instead mark yaur calendars for our third Thursday ConGert series, which continues to be �ery well received. Last Thursday evening, we had more than 200 residents and visitars attend the cancert at Centennial Circle. The next concert is scheduled for February 19th, and we en�ourage the �ammunity to join us for this free pragram. If yau haven't been, it's a gaad time. A couple of other nates, especially regarding road maintenance. As part af the planning, the final planning for the eastbaund 5hea Baule�ard widening proje�t between Palisades and Fauntain Hi11s Baulevard. The town will k�e candu�ting traffic data collection this week at 5hea and Eagle Mauntain, and 5hea and Palisades. �he work will use temporary �ideo cameras ta recard turning movement caunts. These �ameras are for traffic analysis only, and they �re nat used far enfarcement. Keep that in mind. This process is scheduled for tomarraw, Wednes�ay the 21st, as well as Saturday the 24th. No traffic impa�ts or lane restri�tions are expected. S❑ if yau get any questions, that's what we're doing. Thanks for your �ooperation as we get ready ta launch that pragram. Lastly, I wanted to remind residents that t�e public meeting f�r the Palomino Pa�ing Praject will be hefd an the Z2nd at the Cammunity Center. 5o that's Thursday from 4 to 6:3�. The meeting wi11 pravide updated information ❑n the project scope, schedule, anticipated timelines, and offer an opportunity for residents to ask questions and Page 3 of 48 TflWN nF F�UNTAIN HILLS JANUARY 20, 2�25 REGULAR MEETING FOWN CQUNCIL receive direct updates from staff. That's my �tpdate, Mayor. VICE MAYOR SKILLICORN: Thank you. We have a lot going on for sure. Okay. We'll start naw with same recognitians that we've got tonight. And t�e first one up is the Mayor's Veteran ❑f the Manth. And this month we are recognizing Tech 5ergeant E6 #tichard Dick 5hagren. He was k�arn and raised in Chicaga, Iliinois. In 1953 he enlisted into the U5 Air �or�e and was shipped ta Korea, where he spent twa years assigned to a troop carrier -- a traop Garrier squadron. In 1958 ❑ick accepted a three year assignment in 5pain, where he was part of the maintenance team r�pairing aircraft that ser�ed thraughout Eurape, Africa, and the near east countries. In 1962, Dick returned to the llnited 5tates and was assigned ta a C-130 aircraft transport unit in Smyrna, Tennessee, where he trained personnel from various allied countries. In 1953, after ten years af active duty in the Air Farce, Dick retired to ci�ilian life. �hroughflut a long civilian career, aick held �arious positions with Motorola C�rporatian and F�rd Motar Cpmpany, from which he retired in 1995 as a director af engineering. And ! happen to know this young man personaily, anc! I'm really honared ta be able to present this recagnition to him tonight. 5� Dick, come on up, will yau, please? 5HOGREN: Yes. I'm here to basically represent aur organization. MAY�R FRIEDEL: Let me give yau the microphone -- 5HOGREN: Okay. MAYQR FRIEDEL: -- that way yau car� really let them kn�w. 5H��RElV: �kay. Dur VFW, we have some members here tanight. Most of them ha�e a �ap on like I do. But anyhaw we're ais❑ invalved in things araund here with people as donations to arganizations within the country here. And I'm �ery �raud to be a member and a resident here in Fauntain Hilis. 5o that's abaut it. MAY�R FRIE�EL: 6eautiful. Thank you. And next up is the Mayar's Business 5potlight. And tanight, we're �onoring Sami Fine lewelry. For nearly four decades, 5ami Fine Jewelry has been a shining example af Page 4 af 48 TpWN OF FflLFNTAIN HILLS lANl1ARY 2p, 2p2fi REGl1LAR MEETING TpWN CaUNCIL creati�ity, resilien�e, and community pride in the Town ❑f Fountain Hills. 5ince opening its doors in 1987, 5ami fine Jewelry has grawn from a dream into a belaved local landmark. � know we've spent quite a bit of time there. Lo�ated in a 3,7�� square foot showroam in Fountain f�ills, Sami Fine Jewelry features mare than 3,500 unique pieces, and is the ❑nly jewelry retailer in the lJnited States with a dedicated American gemstone and jewelry galfery. Let me repeat that, the onlyjeweler in the United 5tates with a dedi�ated American gemstone and jewelry gallery. 5❑ that's really unique and really autstanding. Celebrating domestically saurced materiafs and exceptional craftsmanship. The story of 5ami Fine Jewelry is one of perse�erance and inspiration. Founder 5ami ❑pened her first standalone st�re in 1987, discavering her passion far Arizona amethyst along the way. Her dream af �uilding a permanent home an the Avenue of the Fountains became a reality in 2D01 thanks to resilience, determinatian, and a little bit of fate. In 2013, 5ami's daughter 5tephenie stepped into the leadership, bringing a fresh visian shaped by years af learning alongside of her mother. lJnder her �uidance, the business has flauris�ed, expanding its American gem callection anc! earning recagnitian thraughout the region, Stephanie has been n�minated for Fountain Hi�ls Business Person of the Year, and 5ami Fine Jewelry c�ntinues tfl recei�e accolades far excellence, innavation, and customer service. Today, 5ami Fine Jewelry proudly represents the spirit of Fountain Hills being creati�e, welcaming, and community dri�en. With more than 65 years ❑f cambined experience in the jewelry industry, the team remains cammitted to quality, authenticity, and creating meaningful �onnections that last a lifetime. Stephenie, thank yflu for your leadership and service to our cammunity. We are truly grateful. Please �ome an up. BJORKMAN: Thank yau guys so mu�h. As yau know, I`m second generation and I grew up in Fauntain Hills, and I love it. And k'm glad that I nat aniy got my education here, but I have a su��essfuf business and I cauldn't be in a better town, so thank you. MAYDR FR€EDEL: You're wel�ome. Thanks. And then I'd like ta recagnize Angela Padgett-Espiritu. She's the re�ipient of the IIMC Page 5 of 48 TaWN OF fpUNTAIN WILLS JANUARY 2U, zU26 REGUiAR MEETING TQWN CdUNCIL Certified Municipal Clerk �ertificate. 5a I'll read a little hit alvout that, and then we'll ha�e her come ❑n up. The mayor and the town �oun�il proudly reGagnizes Angela �spiritu for earning the Certified Muni�ipal Clerk designation from the International Institute ❑f Municipal Clerks. This natianally recognized eertification represents a high standard af professional achie�ement and reflects Angela's dedication t❑ excellence, ethical ga�ernanee, and ongaing professional de�elopment. Earning the CMC designation requires extensive ex{�erience, �ormal edu�ation, and a demonstrated commitment to serving the public with integrity and professionalism. And if you've dealt with Angela, you knaw that she's all af that. The Tawn af Fountain Fiills extends its sincere congratulatians and appreciatian to Angela far this outstanding accamplishment. The town council and staff cammend her for her continued dedicatian to publi� ser�i�e and her exemplary service t❑ the residents of Town af Fountain Hills. Angela, please come ❑n up. PA[]GETT-E5PIRITIJ: Thank you. MAYDR FRIEDEL: 5o Angela didn't want ta say anything, sa I will. Those of us who work with Angela really appreciate her time and dedicatian to this town. She daes a lot of work behind the scenes that a lot ❑f people dfln't realize ❑r see on a day-ta-day basis, but e�eryb�dy sitting up here knaws and we really appreciate it. So Angela, thank you fram all of us, again, thank you. �kay. And now we're gaing t❑ start with some other recagnit+ons. 5a we'�e got Martin Luther Qay -- Martin �uther Kir�g Jr. pay. We had some youth poetry contest winners. And I'�e got Gayle Earle, w�o is going ta present a little gift to each of them, and we're going ta ha�e them read their pQems. EARLE: I'd like t❑ call up Audrey Bernhardt. Yau want me ta read it for you? �kay. Audrey wauid like rne to read her p�em for her. Martin's Qream. Imagine a world where we all belong. �o�e is the key. Together we're �trong. Ali of our talents �aming tagether as ane. When that day cames, we know our jab is done. Tvgether we stand hand in hanti dreaming of a new land. Where no matter Page 6 of 48 TDWN �F FQl1NTAIN HILLS JANUARY 2U, 2U2fi REGULAR MEETING 70WN CDUNCIL your color, your shape, ❑r size. When we wark together, we shail rise. This is what Martin Luther kCing wanted. He knew he �ould speak, sa we wouad be prompted with his words in our hearts we will preach. 5o that Martin's goal will soon be reached. As the gaod doctor said, our lives begin to end the moment we become silent abaut things that matter. Let us not forget these wards, or our world will shatter. We have a certificate far yau here, as well as a visa card for $15a. Next I'd like to call up Zuzu Dunlap. And I understand Zuzu would like to read your own, ❑r maybe y�u know it by heart? akay. Goad. DUNLAP: A poem for Martin Luther King 1r. Putrid, you had been called. A �ile creature when all yau wanted was peace. You fought, but not with �iolence. lJsing your vaice, you had fought. Your �oice got attention. Attention that sav�d thousands. Hate had come your way, but you did not stand for it. You g�t hurt and condemned to a cell. But you did not stap fighting. Years yet -- yet -- yet after yaur years of war and peaceful pratests, yau had finally wan your loattle and your justice. When you had stood up, you spake up. EARLE: Beautiful. Thank yau. Zuxu, we ha�e a certificate for you as well �s a prepaid visa card with $150 on it. Thank ya�. And then we have Jacob Holmes. Would you like me ta read yours or yau want to read it? You want me to read it? �kay. A warld where ali belang daes n�t only ha�e to be truth within a song, it can happen. Do you not see? It can he real iike you and me. A world where all ean be free is a world of equality. We can make this warld ehange. And it can all start with just words on a page. Thank you. You alsa get $15�. MAYdR FRIEbEL: Thank yau, Gayle. And now we'll have Brenda Kali�ianakis with the proclamatian for Qr. Martin �uther King Jr. week. KALIVIANAKI5: 7hank yau, Mr. Mayor. Anc{ I'd like to c�ngratulate all the winners o� the Fage 7 nf 48 T�WN �F FaIJ�iTAIN HILLS JANUARY 2fl, 2026 REGULAR MEETING TOWN CQIJNCIL poetry contest tonight. They were all beautiful. And t❑ all the contestants that applied, you're all winners. Thank yau �ery much. {Jr. Martin Luther King was a visianary. Ne was a leader whose cammitment ta justi�e, equality, and nonviolent actian helped advance the ci�il rights movement and shape a more inclusive nation. Martin Luther King Jr. Week, ohser�ed during the week of January 18th t❑ the Z026, pro�ides an opportunity to reflect an his lega�y and recommit ourselves ta the �alues of respect, service, and unity. The Town of Fountain Hi{Is believes in the dignity and the worth of every individual, and we recognize the importan�e af fostering, understanding, and opportunity within our community. Naw, therefore, the town of Fountain Ni{Is proelaims the week of January 18th, 2026 as Martin Luther King Jr. Week and encourages residents to hanar Dr. }(ing's legacy through reflecti�n, ser�i�e, and acts ta pramate equality, justice, and peace. MAYQR FRIEDEL: Thank you. And now we'll ha�e Councilwoman Hannah Toth with the Human and 5ex Trafficl�ing Awareness Month. LARRAB£E: Thank yau, Mayor. Hannah Larrafoee here. MAYDR FRIE�EL: I'm sorry. LARRA6EE: Whereas human and sex trafficking are seriaus �rimes that vialate fundamental human rights and impact indi�iduals, familie�, and communities across the town of Fountain Hills. And Whereas traffi�king ❑ften nccurs in plain sight and affects people of all ages, genders, backgrounds, making commur�ity awareness and education essential to pre�ention and early inter�ention, Infarmed and engaged residents play a critical role in recognizing the warning signs af traffi�king, reporting suspicious acti�ity, and supporting victims and survi�ars. And whereas, the Maricapa County Attorney's Office is launching th� Break the Chain Campaign to promate preventiQn, awareness, and community respansibility in addressing human and sex trafficking. Mayor Gerry Friedel proclaims the month af �anuary as Muman and 5ex Traffi�king Awareness Month. ❑a we have anyone from the county to grab this? I didn't think sa. So if it's akay, I did want ta say a coupfe camments. Page 8 af 48 TDWN flF F�UNFAIN HILLS 1ANUARY 20, 2D26 REGl1LAR MEETING TOWN CpUNCIL Not that long ago, about a year and a half ago, I went to a speech by a victim af human traffi�king who spoke about how it started as a �ery abusi�e relationship with her boyfriend, and it turned into that hayfriend selling her. It was a horrific taEe. And when I asked her where she was from, she said, Fountain Hills. It's �ery easy far us as a community to think, well, we're a small town. We're mostly an alder town. It wouldn't happen here. It happens here. It happens e�erywhere. And so I hope that this is somethin� that we don't take lightly. ❑o your research an the signs of human and sex trafficking. Far exampfe, if you're in an airpart or a �ery public I�cation, you see a woman say this, means she's trappec3. Please do your research. This is su�h an important tapic, and it's very clase t❑ my heart as well. Thank you. Mayor. MAY�R FRIEbEL: And our final proclamation is 5peak Up, 5tand iJp, and Sa�e a Life Month. The Speak Up, 5tand Up, 5ave a Life Movement warks to strengthen connectians between young people, families, scho�ls, law enfor�ement, and the broader cammunity, it addresses the reality af many tragedies, including youth suicide and pre�entabl� -- which are pre�entable when warning signs, whether in person or online, are recognized and acted upon. This initiative empawers students to seek help for themsel�es and others, and encourages peers to speak up when they see concerning beha�ior, and promotes training for adults, and reinforees the message that caring enough ta act can sa�e li�es. Acrass Arizona, students from 1b9 schools have ied impactful projects, r�aching mare than 5a�,0�Q yauth statewide. Therefore, the mayor and the Town Council ❑f Fountain Hills praudly praGlaimed the month of January as Speak lJp, 5tand Up, 5ave a Life Month and encaurage schools, families, edu�ators, and law enforcement, and cammunity organizations t❑ work together ta pramote awareness, prevention, and the well-being of aur children and adolescents. Is there anyk�ady here ta accept this fram the �ounty? We'll get this ta them. But anyway we appreci�te all the effarts that are put into this program. 5o thank you. And now we'll move ❑n t❑ the presentatians. Rachael? GdOOWIN: Mayor, we ha�e ❑ne presentatian this evening. I belie�e Geoff Yazzetta Page 9 of 4$ rowN �F FauN-rAir� Hrt�S JANUARY 20, 2U26 REGULAR MEEFING TDWN CQUNCIL with our Internatianal bark Sky Qiscovery Center is here to share an update an the progress of the facility. Is that right, Geaff? YAZZE7TA: That's correct. GD��WIN: Awesome. Thank you for being with us. YAllETTA: Thank you. CITY CLERK: And then just a quick nate ta our mayor, and council, and t❑ the pubfic. 50 when the PowerPaint attached to what is �urrently public, something happened in the can�ersion wher� there were some blank slides that yau saw. 5o that was nat on purpose. We're not trying t❑ demonstrate the dark skies. Geoff suhmitted it accurately, but today he had a few updates. 5o just l�ind ❑f s�ratch what was in the packet. We`II show this PawerPoint and then our C1er�C's Dffice will update this. 5o again just for full transparency. Testing ❑ne, twa, three, chickarooni �ph.} we need some help. Testing. Testing. MAYOR FRIEDEL: There we go. ClTY CLERK: do I ha�e ta start all o�er? Mayar, shake your head. YA2ZETTA: Thanks, sa muc�, madam. CITY CLERK: It's all yaurs. YA2ZETTA: Thank you. Testing. Testing. Mayor, Coun�il memhers, staff, good evening. Happy new year. Geoff Yazetta, board member with the Internatianal aark Sky ❑isco�ery Center. When I last presented here, it was two years ago, and there was a �acant lat. And we had some renderings, some really coo! drawings of what the �iscovery Center wauld become. Now we have a building, sa I'm really excited to share this short update with e�eryone here. Sa we'll get into it. Okay. 5ame highlights af the Qisca�ery Center. It is a 23,Oflfl square fo�t, first of its kind STEM facility that is located just across the parking lot an the ather side of Centennia� Circle. We've all seen it by now. There are five main �ampanents of the disco�ery Center. There is the dark 5ky Observatory, which is �omplete at t�is point. Page lU of 48 TOWf� QF F�UNTAIN HILLS JANUARY 2�, 2026 REGULAR MEETING TOWN CpUNCIL And featured in that observatory is a PlaneWave COK700 telescope. This is a very high te�h research grade telescope that features a 23 -- I'm sorry, a 27 and-a-half in�h mirror, whiGh makes it the largest m�unted telescape in the greater Phoenix area. By comparisan, my personal telescope has a five in�h mirror. The larger your mirrflr, the more light you collect, the mare the night sky yau get to enjoy. Sa this is a pretty �aol telescope that we have here. There's the Hyperspace Planetarium. That will ha�e abaut 6� seats. The interior dnme wilE be tilted, and we`re gaing to ha�e state of the art projection technolagy, which wil� give you an immersive experience. There's the Inspiration Theater. We'll ha�e 150 seats there, and it will alsa ha�e tap of the line prajectian and audia equipment. The Night 5ky Exhihit Hal� is going to be a 3,30Q square faot space, with static and hands-an exhif�its that will teach us abaut the negati�e impacts of light poliutian on plants, animals, and human beings. 7he Einstein Exploration 5tation is a 9�� square fflat �lassraom space that wifl he dedicated to hands-an learning about the physics of light. With all these c�ol camponents, there are a lat af partnership opportunities that we're explaring with ASU. We'll also be reaching out to community colleges anti high schools, et cetera. And 2aaming aut the facility, there are � wide range ❑f uses for it. We �an host le�tures, people �an �onduct research, there can be tours and star parties, corporations can hold their re�eptions there. It is a really �ersatile space and there's a lot of different things we can da with it. The fa�ility itself is designed k�y 5WABACK. Phase one, which is the building itself, the Dark 5ky Obser�atory itself, the lobby, the stargazing terrace, sna�k bar, an� gift shop were all built by McCarthy. And then phase tw❑ is in the warks, and I'll kre giving an update about that here shQrtly. So maving on. 5ome key histarical dates. How did we get here today? In 2�15, the Fauntain Hilis ❑ark 5ky Association was farmed with the gaa� of preserving the night sky here in Fountain Hills. A year later, town council unanimously appraved the updated ❑utdoar lighting Page 11 of 48 TOWN OF FOUNTAIN HILLS JANUARY zp, 2fl26 REGLlLAR MEETING i�WfV COUNCIL ordinan�e. And then in Z�17, the tawn fulfilled the ❑ark 5ky International requirements for Dark 5ky designation, which allawed for Fauntain Hills to be recagnized as the warld's 17th Dark 5ky cQmmunity on January 8th, 2D1$. This is really exciting and very unique because Fountain Hills is just a few miles away from ❑ne of the largest growing metropolitan areas in the country. 5a it's a really unique designation for us. Then in 2019, a group of very dedicated and very committed people, many of whom are sitting behind me right naw, came up with the idea for the International ❑ark 5ky ais�o�ery Center. Anci what they wanted t❑ da is not just harness this Qark 5ky movement, but tt�ey also wanted to offer edu�atiQn far astronomy and physics and the impaGts of light pallution far children and adults alike. 5❑ great, great movement. Then in 202Z, the tawn appraved the site plan and eEevations for the building that currently stands. ❑n April 8th of 2024 we held ❑ur graundbreaking ceremany, which I believe everyane here was at. Pretty exciting day, and that coincided with a partial solar eciipse. A few months later, Jt�ly 8th of 24�4, McCarthy k�egan canstruction, and then they cancluded construction ahout a year later, an July 11th of 20Z5. 5o moving on. Current status and next steps. At present, we have raised 28 miliion out of the required 30 to bring this praje�t t❑ life. And just this manth, we recei�ed a$4��,�00 danation from a �ery generous individual here in Fountain Hills. And we're bath optimistic and confident that we will complete our fundraising effarts this year. �hat being said, if you icnow anyone that is passiflnate about dark 5lcy preser�ation, please send them ❑ur way 4�ecause we d❑ ha�e fur�draising yet t❑ da. As far as phase twa, this is twa thirds ❑f the interior. SWABA�K has completed their designs. And by designs, this is all the different things that are gaing tv be installed within the construction �rocess. 5o we recei�ed those documerrts today. We're gaing t❑ review them internally, and then we're going ta turn th�se ❑ver ta McCarthy, who will then send t�em ❑ut to the various subcontractors, and they will �olle�t all af that information and put tagether a proposal and pricing for the phase twa constructian. We anticipate this pro�ess ta take about a manth. So we are tentati�ely ant�cipating �age 12 of 48 T�Wfll QF FOUNTAiN HIiLS lANl1ARY Z0, 2U2fi REGULAR MEETING TOWN CQUNCIL that t�e actual phase tw❑ c�nstru�tion will start in March ❑r April, and we are projecting a six month canstructian timeline, which would put us at a fourth quarter opening here in 2026. I want to move ❑n and show some pi�tures of the projeet, just to give you a size -- ❑r a sense af size and scale. 5o this was early on in the eor�struction process. This is an aerial of the jof� site. That yellow that you're seeing, that's the moisture harrier that goes down early in the constructian pracess. And in the bottom right, that is ducting for the HVAC system in the pfanetarium. This is a concrete pour either August or 5eptember of 2�24, and the picture was prof�ably taken at 3 or 4 in the morning. It's very hot here and concrete needs t❑ be poured, you know, with the right temperatures. So they started early a few times. This is the planetarium dame being constructed piece by piece. Here's another aerial showing some masonry work framing. And then an the right, the framing for the planetarium dame has been completed. This is the huilding nearing campletion. You'll see the obser�atory dome has been placed on the left, and then the planetarium dame has been placed an the right. And they're instailing the metal co�ering ❑n it that has that reai �aal iridescent effect when the sun hits it. It's pretty neat. Here's ❑ur CDK7�� telescope that is carefully being lawered into the ❑bser�atary. It kind ❑f laoks like tFre lunar lander. And here is the teleseope that is mounted in the observat�ry. I war+t ta call your attention to the eyepiece, that pipe that goes down to the right. 5❑ that �an be adjusted u{� or dawn sa anyone af any age, or height, ar physical ability can enj�y the night sky loflking through this eyepiece. Other facilities, you might have to get up on a ladder. You knaw, sometimes you kind of need to do some gymnastics t❑ loak through the eyepiece. So a lat of thought went inta making this accessi�Ole for e�erybody. This is the c�ntrol raom. 5a this is where we tell the telesc�pe what ta laok at. And it uses same high te�h stuff that escapes my understanding, hut it warks. 5o that's what matters. And here is the finished facility. If you loak at the battam left carner, you'll see the stargazing terrace, and there are some telescapes plaGed there that were donated to us by Ceiestron, which is a major telescope manufa�turer. 5o those are what we use for star parties. Page 13 of 48 TpWN �F FOUNTAIN HILlS JANl1ARY 2fl, ZQ26 REGULAR MEETING TaWN C�UNCIL And then finally I want ta take yau to outer space. This is tt�e ❑um�bell Nebula. It is 1,36� light years away. And if yau convert that into miles, it's 8,��0 trillion miles. Really, really far away. Hard to kind of wrap your head around it. But what is mare extiting than that is this was the first object that our telescape Iflcated and �aptured a picture af. We call it first light. And this is, at least in my ❑pinion, it en�apsulates and is a testament ta the efforts that ❑ur group has put tagether, that town staff and town council has supported us in as well as the greater cammunity. There's a lot of people who have helped us out along the way. It is a true team effort. And we've had many donors who have help�d us rea�h this point. S❑ we`re almost there. Again, we're Iooking to open tawards the end af this year. That is my update, and I'd be happy to answer any questions if anybody has any. MAYOR FRIEDEL: I'll just make a comment. What a fantasti� undertaking and to get it dane, it's really impressive. And that first light is really coai. YA2ZETTA: Thank you, Mayor. MAYDR FRIEbEL: Thank you for all your efforts and the board, I see Joe Bill, and kVancy Bill, and some others there. Thank you for yaur efforts. This is really remarkab4e. And it's going to be an outstanding additian ta the town. 5a thank yau. YAZ2ETTA: Thank you, Mayor. MAYQR FRIEDEL: Okay. Next up we have aur eonsent agenda. LARRABEE: Mation to approve. KALIVIANAKIS: 5e�o nd. MAYOR FRIEDEL: We ha�e a mation and a second. Town Clerk, can we get a roll call, please? T�WN CLERK: Couneil Member Watts? WATTS� Aye. 7�WN CLERK: Cauncil Member McMahon? MCMAHON: Aye. TOWN CLERK: Couneil Mem�er Kalivianakis? KAL.IVIANAKIS� Aye. Page 14 of 48 TQWf� OF FOUNTAIN HILLS JANUARY 2d, 20Z6 REGULAR MEETING TDWN CflUNCIL T�WN CLERK: Council Member Earle? EA RLE : Aye. T�WN CLERK: Council Member Larrabee? LARRA6EE: Aye. TOWN CLERK: Vice Mayar 5killic�rn? VICE MAYDR SKiLLICORN: Aye. TOWN �LERK: And Mayar Friedel? MAY�R FRIE�EL: Aye. TOWN CLERK: Mayor, seven-zero. MAY�R FRIE�EL: Thank you. And we'll move an t❑ aur regu�ar agenda. Item A is consideration of passible action relating to a fill wai�er fpr 15656 East Centipede. Rachaek? Gfl�OWIN: Mayor, thank you. I'm going to turn this item o�er ta Jahn for discussion and questians. I'm going to give him a second so he can get his presentation pulled up. WESL.EY: Good evening, Mayor and Council. It's good to see yau this evening and start this new year off with something exciting, like a cut fill wai�er. 5a as stated, this is 15655 East Centipede, as we'�e co�ered a few times before, but keeping you up to date with the �rdinance. It does allow -- ar first of all, in Se�tion 5�3 ❑f our subdivisian ardinance it limits cut and fiil to a maximum of ten feet either way, but daes also provide the opportunity for eauncii to eansicfer and appro�e waivers irr excess of that ten feet. A new hause is being designed at the address listed and has an area fill more than ten feet, thus, they ha�e requested the wai�er after some extensive bac�C-and-forth with staff faoking for aptions of how ta meet the abjecti�es ❑f the praperty and design far this hause. 5o here we see the location af the of the hame and the lot that we're talking ahout along Centipede adjacent ta Mauntain Wash �ph.}. The slope on this property in the area of the house exceeds 27 feet -- or 27 percent. The applicant has maximi2ec! the slope of the dri�eway down to lower the h�use as muth as possible to help deal with the grade on the property. He is proposing, wants to }�ave a lower level Page 15 of 48 TOWN flF FflUNTAIN HILLS JAf1iUARY 20, 2026 REGULAR MEETING TDWfV COUNCIL garage, a large shop area for the work that he does. And so along with that, he needs an area outside the structure there far the cars to maneuver in and out, which required the large area to the east of the garage. 5o again, he's got fill an that east end in excess ❑f 10 feet, and some af it is almost 2D feet high. 5o here we do see a close up then ❑f that dri�eway pad area. The cars would come down the driveway. Llse this maneuver area to get int❑ the garage shop area in this lo�ation. And again, that's the reason this is the si�e it is t❑ provide for that maneuvering. And it's at this n�rthwest sitie up here where the gracies are the most af the fill accurs. Here's a cut through the dri�eway location here showing an example of thase fills. I know those are a little bit small, but that says a little bit ❑ver 17 feet in t�at lacatian. And here's a �iew of the house from acrass the Wash area, with the retaining walls that build it up to pro�ide that pad. 50 loaking at this again, we have very steep topography in this part of town that the applicant is w�rking with in trying to design the �ame f�r this iocation. The home will be built at abaut this 1920 contour. Homes acrass the other way are just a little bit lawer, yau can see i910 here and stepping dawn. And it's about 8�0 feet from this praperty line aver to about where the back of that will 6e. Sa a pretty good distance for any View af those retaining walls and that built up area. The applicant is also propasing landscaping to he placed along the wakls to help screen the walls fram that view acrass the canal area or the Wash area. And also they ha�e worked hard with the retaining walls ta meet the requirements for maximum heights on th�se and the separations between the walls. There wauld be some option, p�ssibly, that the walls cauld be pulled back a little bit and still leave maneu�ering area, although that starts to make it a little bit restricti�e for what he would like to do, and doesn't make a whole lat of difference in the area for the fill. But that that could be an ❑ption if the cauncil wanted ta consider that. 5taff does recommend appro�ak of the fill wai�er as requested. Any questions you ha�e ❑f ine? The appli�ant is here if you have questians of him. MAY�R FRIEDEL: �ouncilman Watts? WATTS: I was last, but f'I! ga �irst. Page 16 oE 48 TpWM QF FpUNTAlili HILLS lANl1ARY 20, Z026 REGl1LAR MEETING TOWN COUNCIL Jahn, can you go back to the eievation of the hause and the terracing? That ane. So I like the way iandscaping was added t❑ the variaus lifts on that terra�ing. My only concern is the wall that is effectively the foundation of the house, the ane to the left of the terracing, doesn't shaw mu�h in the way of hiding it, because it's such a massive wafl. What �an we d❑ or is plan re�iew going to stipulate that we need something to soften that area? WESLEY: Mayor, Cauneil Member, that wall cauld be built that tall withvut the cuC fill wai�er. That's just a stem wal€ on the house. And the fill at that point is less than ten feet, sa we haven't considered that. I do understand what you're saying, but we have nathing in aur rules and regulations that would require that additional landscaping. WATTS: 5o if you g❑ back to the picture again, I didn`t catcF� the fact that it was -- I guess I didn't see a detail that it was ten feet or less on that particular wall. WESLEY: Yeah, by the time -- Mayor, Council Member, by the time yflu get back here, where that wail is, that's right at or just less than ten feet af fil1. WATTS: So the picture af the elevatian itself is a little deGei�ing, beGause when you ga from what appears to be ground level up to tfi�e edge, it loaks to he greater. 5o you'�e already taken into ac�aunt some ❑f that fill. WESLEY: Correct. WATTS: S❑ you don't have -- but I still think ypu nee�{ some saftening in there. WESLEY: That wauld be would be nice if that were done. I da agree. WATTS: Thank you. MAY�� FRIE�EL: � think your plan shawed same trees out in front of that area, if I remember correctly. WESLEY: There are a few, Mayar, again laoking far the -- o�er in this area -- MAYOR FRI�DEL: Yeah. WE5LEY: -- from the distance will. MAY�R FRIEDE�: Yeah. 5❑ that'll probably saften it up. Councilwaman M�Mahon? MCMAH�N: Thank you. Page 17 of 48 T�WN aF FOUNTAIN HILLS JANUARY 20, 202fi REGULAR MEETING TaWN COUNCIL Jahn, has the neighk�ors objected? Has there been -- is there any needed notice to them or anything like that about this deviation? WESLEY: Mayar, Council Memt�er, there's no notice requirements f�r cut fill wai�ers. MCMAHDN: ❑kay. �hank you. MAYOR F�IEpEL: Vice Mayar? VICE MAYDR 5lCILLICORN: Thank you, Mayor. My only thing is I think the dri�eway is a little lait steep, k�ut that's up to the hameowner. 5o I'll ma€ce a motion to ap{�rove. LARRA6EE: 5econd. MAYOR FRIEpEL: We have a motion and a second. And just so you know, I'�� been out to that street and seen -- this is a tougher build, for sure. So I'm in fa�ar of it, too. 50 we have a motian and a second. Roll call, please? Sorry. Any eamment cards? T�WN CLERK: No, Mayor -- MAYQR FRIEdEL: Thank you. TQWN CLERK: -- na comments cards. Coun�il Member Earle? EARLE: Aye. T�WN CLERK: �ouncil Member Larra�ee? LARRABEE: Aye. TDWN CLERK: �ouncil Member McMahon? MCMAHON: Aye. TDWN CLERK: Council Member Kalivianakis? KA�iVIANAKIS: Aye. TOWN CLERK: Council Member Watts? WATTS: Aye. TOWN CLERK: Vice Mayor 5killicarn? VICE MAYDR 5KILLIC�RN: Yes. TOWN C�ERK: And Mayor Friedel? MAYOR FRIEQEL: Aye. T�WN CLERK: May�r, seven-zera. MAYDR FRIEDEL: Thank y�u. Page i8 of 48 TOWN DF FaUNTAIN FilllS JANUARY 20, 202fi REGULAR MEETING T�WN C�LJNCIL Next up item B is consideration possible action regarding cut and fill waiver request to permit an area af approximately 1,781 square feet ta exceed the max�mum 1� foot visible fill. Rachael? G�ODWkN: Mayor, yau kind flf said it all. We ha�e another cut fill waiver discussion. Hawe�er, this ane is gaing to be led by Farhad Ta�assali. I'll turn it ❑ver to you. TAVASSOLI: Great. Thanks, Mayor, Councii Members. 5o this is also a cut fill wai�er request. Howe�er, this is cited �iearly to the south of John's previaus request that he presented, dawn at Firerock. And just as a �orrection to the agenda language, the address here is 9619 I�arth Four Peaks Way. I won't go o�er this again, as Jahn ciid in the pre�ious -- in his presentatian a�out the subdi�ision ordinance and what requires a cut fill wai�er. As I said, the site is down in Firerock. And in the inset map here on the upper left, this is just by way ❑f lacation, this is Firerock Country �lub ❑rive and this is Four Peaks Way. The �Oroperty is a�out -- the subject property is about a little ❑ver -- well, it's a4�out 31,500 square feet. It's ak�aut 150 feet wide alang the street frontage, and it's abflut 24� feet in depth from the frantage ta the end ❑f the lot. And what you're seeing here, the twQ foat contours, I did my math again and tried to find out what the percentage of the slope is. It's actuaily 3Q percent, not the 5� percent cited in the report. It is still quite an aggressi�e lat. Maybe a little bit more steep than the pre�ious site that John presented. But it is quite steep, as are most -- ar a lot af lats in the Firerock neighloarhood. I'�e included an oblique here that might better illustrate the intensity ❑f the slope. The two arrows I have here are the property markers, approximately. As I said, it's about 15n faat wide lot, and it's about a 30 per�ent slape basically from the street frontage down to the end of the lot, which I said is ab�ut 24� feet long. So the applicant �rere is requesting a cut fill waiver for fill as mu�h as 20 feet tafl. The areas that you see �n the darker purpie are the areas where thase fills are going to exceed ten feet. The mast amaunt ❑f fill would be here where the garage is located. It's Page 19 of 48 T�WN QF FQUNTAIN HfLLS IANUARY 20, 2D2fi REGULAR MEEFING TdWN CQUNCIL as much as 2� feet at this point where my cursor is right now havering. These other two areas down here, anywhere hetween �.� t❑ 14 feet of fill. This is c�awn at what`s labeled as the basement pergola right 6e�ow the pool. Whieh I'll ha�e a better illustrati�n in the forthcoming slides. And this is -- this area here is within the 4ivable area of the home. Part ❑f the reason why this area needs as much fill as being proposed is to keep the driveway at below 18 percent. Actually, e�en with this amount ❑f fill here, it's at ahout 17 perGent. I'�e included just a portion from the building plan that the applicant provided. Again, so here Four Peaks Way, tt�is is the frant of the building or the front of the house right here where my cursor is. Here's the garage. In arder ta kind of soften the appearance af some of the retaining walls that are going to be within tnis de�elapment, the applicant l�as pravided kind of like an atrium around particularly the narth partion of the building. The narth partian would be tawards th� left, by the way. 5❑ here's the garage. 1t's kind of like a haliway atrium with a stairway leading down t❑ a raaftop garden here. The patio leading out to the pfl�l area is here where my cursor is hovering. And there's a spiral staircase leading dawn to another covered patia just behind that. 5a the applicant, in our mind, has implemented same creative ar�hitectural design methods to help soften the appearance and the massing af this residence. In fact, this cross section gi�es you a goad idea of just how mu�h -- how steep the lot is. Not anly that, but this is a �ross section through the hfluse. This is t�re p�al area right here. And the spiral staircase that i mentioned earlier, goin� down ta the covered -- detached, co�ered patia just below that. 50 our recammendation is far approval, as we belie�e there's no �iewsheds being hlacked by the fill area. And the applitatian of creative architectural design concepts to a�oid the appearance of tall, k�lank retaining walls and stem wakls for that matter. And with that, I'll conclude. MAY�R FR1�17EL- Councilwoman Earle? EARLE: ❑h, sorry. MAY�R FRiEDEL: �h, okay. Vi�e Mayor? Page 20 of 48 7OWN OF FOU�iTAIN HILLS JANl1ARY ZU, Z026 REGULAR MEETING TDWN COUNCIL VICE MAYQR 5!{ILLICORN: Thank you, Mr. Maygr. It laoks like a very creati�e way to solve t�+e topography in that area. 5❑ mation to appro�e. 1{ALIVIANAKIS: 5econd. MAY�R FRfEDEL: Are there any comment cards an this? TOWN CLERK: No, Mayar, no �omment cards. MAY�R FRIEDEL: Qkay. We have a we have a motion and a secand, I belie�e. Can we get a roll call, please? T�WN CLERK: Council Memher Watts? WAT�S: Before I vote, I have a question for Farhad, though. TAVA550LI : 5u re. WAT�S: It looks like the intent af the applicant is to retain the single level of the primary residenc�. And it daesn't look like we've taken into account much in the way of terracing ❑n the depth, because of the depth of the lot would aliow it. Yhe lauilding en�elape appears t❑ aliow more terracing. Is there a reasan we didn't have a step down inside the building ar inside the residence? TAVASSOLI? I belie�e -- well, the applicant is here to explain the reasoning behind the architectural -- the flaor plan. But na, ather than that, }ust the applicant's �reference. WATTS: �kay. Thanks. Aye. TQWN CLERK: Council Member Kalivianakis? KALIVIANAKIS: Aye. TOWN CLERK: Council Member Larrabee? LARRABEE: Aye. TDW1V CLERK: Coun�il Member McMahon? MCMAHON: Aye. T�WN CLERK: Caun�ik Member �arle? EARt�: Aye. T�WN CLERK: Vice Mayar 5killicorn? VICE MAYDR SKILLiCORN: Yes. TQWN CLERK: And Mayor Friedel? Page 21 vf 48 TaWN OF FOl1NTAIN HILLS JANUARY 2Q, 20Zfi REGIJLAR MEETIHG T�WN CaUNCIL MAYDR FRIEDEL: Aye. T�WN CLERK: Mayor, se�en-iero. MAYOR FRIEDEL: Thank you. TAVASSOLI: Thank you. MAYOR FRIEQEL: Okay. Ma�ing along. We have a public hearing with consideration af possibie action relating ta a speGial use permit ta allaw a patio co�er in the front yard. 5etback of a home on 17114 East Fairway Caurt. So I'm gaing to ❑pen Che public hearing. I see �ohn's ready. lohn? WESLEY: I'm trying t❑ be ready. Here it goes. �kay. Mayar, Cauncil, as mentioned, this is a consideration of a special use permit far a patio cover at 17114 East Fairway Court. It was at�out a year-and-a-half ag❑ that the �ouncil appro�ed a text amendment to the zoning ordinance ta allow c�nsideratian of patio �o�ers into front yards. In doing so there were several criteria that were estahiished in addition to requiring the special use permit. ❑ne is that the encroachment cannot exceed more than half af the required setba�k, up to 15 feet, maximum height of 12, must be at least S� percent open an any of the sides. And then also it cannot be used for paricing or storage. 5o this specifi� request as stated is on Fairway Court. And we can see here in same aerials ane from several years ago in 2�09, and a more recent one. There in the frant yard you can see same af the tables and chairs they ha�e for historically used their frflnt yard as a patio area. It's a littfe bit raised and an opportunity for them ta be aut in front and enjoy their neighbars in their neighi�orhood. But it daes get a little bit warm here s�metimes, and so they ha�e requested the ❑pportunity to build this patia. So here is the area in green on the illustration on the right that shows where the Go�er would be. The red line is the setback. So anything beyond that red line does encroaeh into the setbacic and thus requires a special use permit to be able ta provide the adequate caver for that outdoor area. Here are elevations that shflw what it woulc! loak like. And sa it daes mimic the architecture of the home. There were a couple af areas, though, that we did see as we Page 2z of 48 T�WN OF FQUNTAIfV HILLS IANUARY 2�, 2U2fi REGULAR MEETING TpWN CbUNCIL look at this compared ta the cade requirement. ❑ne, pretty close, but it musC lae eighty percent open. They're at 78.3 percent open, pretty close. 5❑ again, it's aff by just a little bit. And sa the other cade requirements in terms of the height and the use of the area ha�e been met. 5taff did nat find any detrimenta! requirements as we loaked at the requirements in the zor�ing ordinance. Neighbars were notified as required through the citi2en participatian pracess and also expressed suppart for the appli�atian. P&Z re�iewed this at a public hearing a month or so ago, and they are recommending appra�al with some flexik�ility for staff to work with the applicant with regard ta tY�at 8D percent number, f�ecause they are very �lose as it's eurrently designed. 5o with that, I'll take any questians you may ha�e. MAYOR FRIED£L: What's the staff recommendation? WESLEY: 5taff would be consistent with the P&2 recommendation. Yes. MAY�R FRIE�EL: Thank yau. Councilwaman McMahan? MCMAH�N: Thank yau �ery mu�h. John, this cannot be converted inta a garage starage, a room addition, ❑r anything like that. it's specifically going ta lae stiped that this is only for a patia co�er. N❑ type of enclasure can he done to this. WESLEY: Mayor -- ah -- MCMAHON: If they want t❑ change it, do they have to come back before council? WESLEY: 5❑ Mayor, Caun�il Member, the code is �ery clear. It's only for outdoor patia use, not anything else. If they want t❑ use it differentiy, they would have t❑ came down. MCMAHON: Okay. Thank you. MAYDR FRkEDEL: Vi�e Mayor? VICE MAYDR SKILLIC�RN: Thank yau, Mr. Mayor and pire�tor Wesley. Thank yau for bringing this to us. And I actually kind of look farward to this because ❑ne thing we could really d❑ in ❑ur tflwn is t❑ impro�e our community. 5o people are hanging out in Page 23 of 48 TOWN aF FOUiVTAIN HILLS JANUARY 20, Z026 REGULAR MEETING T�WN CQl1NCll the front. Other neighbors r►-iight eome by and actually impro�e community, and a�tually have a little bit more neighbarly neighbarhood. So motion ta approve. LARRA6EE: 5econd. MAYQR FRIE�EL: Before we get that far, are tt�ere -- Councilperson Kali�ianakis, do you have a comment? KALiVIANAKl5: Yeah. Thank you, Mr, Mayar. Yeah, I just wanted to comment. Just lik� the vice mayar, I think this is a great +dea. Kind of an old fashioned cancept hanging out in the front of the hause. And if the homeowner wants it, if the neighbars are okay with it, the Planning and �oning approved it, if the staff says aye, then I'm an aye. MAY�R FRIEaEL: Cauncilman Watts? WATTS: 5o Jahn, to be clear, how far does the right of way extend. ❑oes any of this patia extend inta the right ❑f way where the appli�ant w�uld be responsi�le for something that happened in the future? WESLEY: Mayor, Council Member, I appreciate that question. 5a the dashed line shawn here is the property line or the right of way line. 5a they are well hehind the right of way. WATi5: Thank you. MAYDR FRIEDEL: Town Clerk, are there any comment cards? T�WN CLERK: No, Mayar. MAY�R FRIEDEL: Okay. I'm gaing to close the public meeting, and then I'll take a motion. KALIVIANAKIS: Motion ta appro�e SUP25-OOQ�4. MAYDR FRIEQEL: We �a�e a motion already. KALIVIANAKIS: Oh, second. MAYQR FRIEDEL: Second? 5o we ha�e a motion and a second. Can I get a roll �all, please? T�WN CLERK: Cauncil Member McMahon? MCMAHON: Aye. T�WIV CLERK: Council Member Larrabee? Page 24 af 48 7�WN OF FQ[JIVTAIN HILLS JANUARY zU, Z026 REGULAR MEETING TOWN COl1NCIL LARRABEE: I don't know, that 1.7 percent. I'm kidding. Aye. TDWN CLERK: Council Member Earle? EARLE: Aye. TOWN CLERK: Council Memher Kali�ianakis? KALIVIANAKIS: Aye. TOWN �LERK: Council Mem�er Watts? WATTS: Aye. TOWN �LERK: Vice Mayor Skillicarn? VICE MAYOR 5K1LLkCORN: Yes. TOWN CLERK: And Mayor Friedel? MAYOR FRIEQEL: Can i explain my vote? When's the party? No, I'm just kidding. Aye. TDWN CLERK: Mayar, seven-zero. MAY�R FRIE�EL: Thank you. And m�ving on to the next item, Item D. I guess, Jahn, yau're up for that? WESLEY: I'm up, Mayor. MAYQR FRIEDEL: Relating to the ardinance amending Town C�de Chapter 7. Ga ahead. WE51�EY: Qkay. Thank you. Mayor, Council members, this is a proposed amendment to aur building �ades. You may recall back in June, you appraved an update ta mave from the 2018 to the 2024 codes. There are a lot of codes involved in doing that. A picture here shows the various cade foaoks that are adopted. The new provisions came effecti�e 5eptember 1st, and so since then, we'�e hac! the opportunity ta hegin using them, and applying them, and working with �arious applicants ar� their praje�ts, which gives us an appartunity to delve a little 6it deeper into the c�des. When you're loaking at that many �odes, there are same things that maybe can be missed without loaking at them in terms of applicatian. 5o in doing sa as we got it int❑ those, a prQvisian that's in the energy code that we didn't notice before are listed here requiring energy mon+toring systems and another ❑ne that requires renewable energy systems. As we I�oked at that, we felt this was something that the council ought to consider whether you want these provisions in the Page Z5 of 48 TOWN Qf FOUNTAfN HILL5 JANUARY 2p, 2026 REGLJLAR MEETING TOWN COIJNCIL cocie ar not. 5taff does not see them as really being necessary for the public health, safety, and welfare, and also faund that other jurisdi�tions in the Valley have been deleting those particular se�tions from the adopted �odes. 5o we have prepared an ordinante far the council ta approve, if you so desire, that w�ufd remo�e those sectians from our building codes. And that's as simple as this is. MAYDR FRIEDEL: Councilman Watts? WATTS: John, I assume -- I'm for efiminating as much policy as we can to make life easier. Sut in that spirit, I ha�en't read the codes. is things like indoar air quality, �entilation, outdoor air requirements, are they included somewhere else, like in the me�hanical code so we don't need this in the energy cflde? WESLEY: Mayor, Cauncil Mem4�er, that's correGt. These are t�tally separate from those. WATTS: Thanks. MAY�R FRIEDEL: Vice Mayar? VlCE MAY�R SKILLICORN: Motion ta approve as drafted. EARLE: Secand. MAYOR �RIEbEL: Are there any camment cards? T�WN CLERK: Na, May�r, no -- MAYDR FRIEbEL: ❑kay. T�WN CLERK: -- �omment cards. MAY�R FRIEpEL: We ha�e a motion and a second. Can we get a roll call, please? TOWN CLERK: Council Member McMahan? MCMAHON: Aye. TOWN CLERK: Caunci! Memf�er Larabee? LARRABEE: Aye. TOWN CLERK: Council Member Earle? EARLE: Aye. T�WN CLERK: Cauncil Member Kali�ianakis? KALIVIANAKIS: Aye. T�WN CLERK: Coun�il Memher Watts? Page 26 of 48 TdWN OF FQLINTAIH HILiS JAHIIARY 2U, 2Uzfi REGULAR MEETING TOWN COUNCIL WATTS: Ay�. T�WN CLERK: Vice Mayar 5killicarn? VICE MAYQR SKILLICORN: Yes. TOWN CLERK: And Mayor Friedel? MAY�R FRIEDEL: Aye. TDWN CLERK: Mayor, se�en-zera. MAYQR FRIEDEL: Thank you. Mvving on. We'�e got consideration and passible action regarding Resolution 2026-fl1, ❑evelapment Impact Fees. And I see Paul's on de�k. Co ahead Paul. UiVIDENTIFIED SPEAi{ER: All right. Mayor, Vice Mayor, and Council, tonight is f�asically the last step in this process in appro�ing the de�elopment impact fee schedule based on the study we've dis�ussed, really at length far the past year. So with that, here is the s�hedule. We'�e talked about it quite a bit already ta this point. We had a public hearing in December an this matter, and these fees wauld go into effe�t in Aprik. April 6th would be the date. And with that, I open up the discussion and any questions that you may ha�e. MAYDR FRIE�Et: I don`t see any -- oh, Cauncilwoman Larabee. LARRABEE: Sarry, Mayar. Thar�k you. I just wanted to thank you for all of your wark. I knaw that I was a thorn in y�ur side through this, so I appreciate yau warking with the numbers and finding something a little bit better, right? We have ta raise it ane way or anather, i�ut I just really appreciate you and yaur team's really diligent efforts ta work on this. 5o thank you, Paul. UNIDENTlFIE� SPEAKER: Thank you. Appreciate that. MAY�R FRIEDEL: And I'll e�ho that as well. You and Mike �ph.} did a great joh an that. Cauncilwoman Earle? EARLE: I would like ta mo�e t❑ appro�e resolution 2�26-01, including the devefapment impact fees reported as presented. LARRABEE: 5econd. Page 27 af 48 TUWN QF FDUNTAIN HfLLS JANUARY 20, 2026 REGIJLAR MEETING TpWN COUNCIL MAYQR FRIE�EL: And we ha�e a motian and a second. But do we ha�e any camment cards? TDWN CLERK: No Mayor-- MAY�R FRIEDEL: Okay. TOWN CLERK: -- na Gards. MAYDR FRIEDEL: We have a motion and a second. Can we get a roli call, please? T�WN CLERK: Couneil Member McMat�an? MCMAHON: Aye. TOWN CLERK: Council Member Earle? EARLE: Aye. TCJWN CLERK: Cauncii Member Larraf�ee? LARRABEE: Aye. T�WN CLERK: Cauncil Mem4�er Kalivianakis? KALIVlANAKIS: Aye. TOWN CL�RK: Cauncif Member Watts? WATTS: I'm nat sa sure about the diligence and the tena�ity, but'the patience I admire. Thank you. Aye. 7�WN CLERK: Vice Mayor 5killicarn? VICE MAYOR 54{ILLICORI�: No. 7�WN CLERK: And Mayor Friedei? MAYQR FRIEDEt: Aye. T�WN CLERK: Mayor, six-ane. MAYDR FRIE�EL: Thank you. UNIDENTIFIEQ 5PEAKER: Thank yau. MAY�R FRIEQEL: And Item F is aur cansideration of passible actian regarding the Nnon Kiwanis Desert Vista Beginner Bii�e Park Agreement and Project. Town manager? GQODWIN: Mayor, t�rank you. As ICe�in gets this pufled u�, I want ta remind the mayor and council we pre�iewed this project at aur fall budget retreat. This is a praject that was f�rought forward by the Kiwanis Club. They have k�een diligently working with staff. Page ZS of 48 ��WN OF FpUNTAIN HILLS JANUARY 2Q, 202fi REGIlLAR MEETiNG YOWfV C�UNCIL And by that, I mean, aver the �aurse of years, ta bring this project ta light. They have created a pathway farward. Sa the question is whether this couneil would like to mo�e forward ar nat. ❑ur dire�tar is going to walk through a number of details and answer any questions you ha�e. SNIPE5: Thank you, Mayor and Cauncil. 5o as Rachael said, this is a bike park that we've been talking ak�out for se�eral years now. Jared (ph.y came to me with the idea ❑f the 54th anni�ersary for Kiwanis, and all the bikes that they'�e gi�en away flver the years, and thought this was a �ery appropriate way for them ta share a substantial funciing with the town, ta collabarate in building a bike park far our beginner bike riders. The locati�n that we're loo€cing at finally, which was nat easy. We were searching a41 o�er the place far a space that was big enough ta be functional and fit in with aur ather amenities. 5o this is aver right next to the existing skate park and pump track. And we figured that this wouid be a great way fnr the kids t❑ learn their Skills ❑n the easier amenities, and grow into being able ta use the skate park and pump track at a le�el where it's safe for them ta �e o�er at that facility. Kiwanis came to us, as I said, with a substantial donatian af 100,000 plus, they're stifl raising funds. And looking for a tawn match of 1�0 far a total af 20D,400 plus whate�er extra that they have to d❑ this. In doing so we'd be able to bring in -- we'�e been talking ta American Ramp C�mpany, who built aur skate park and pump track to come up with some designs and pians far this spa�e. And here's some renderings of some ideas af some of the things that we're loaking at adding to that area making it a safe space for kids ta learn how to ride hikes and ❑ver�ome of�stacles, and things that they may encounter different areas around town. And with that, I'll take any questions that you guys ha�e. lJh-huh? MAY�R FRIEQEL: I have a question for you. 5o are we capping the town's part at 100,q0a? SNIPES: Correct. MRYDR FRIEDEL: And if they get 125, then? SNIPES: Then we'il add what we can up to that paint. Uh-huh. Page 29 of 48 T�WN OF F�UNTAIN HILLS JANIJARY 20, z026 REGULAR MEETING TflWN CDUNCIL MAYOR FRIEbEL: Okay. Thank yau. SNIPES: Yep. MAY�R FfiIEdEL: Cauncilman Watts? WATTS: So there's a mention of access control differentiating the skateboard park and the bike park. And when I'm looking at the pipes in the loike park as part of that rendering and some ❑f the inclines. if I was a slcatebaarder and it was busy over there, I'd probably jump the fence. And s❑ haw are we gaing to eantrol access? SNIPES: INe won't. E�erything's built where they Gan handfe any age group of people using it. I don`t think that the skill level will draw the attentian of your more skilled people are going to want to be in the area that they're able to improve their skills. It's a known way t❑ accomplish that is ta have it stair step up. And this will provide exactly that for our public. WATT5: �kay. I'll accept that at this paint, but I think that we ought to consider the fact that if the skateboard park gets full and we've got little kids o�er on -- learning how ta ride bikes, and then all of a sudden horc4ers with their longboards, shortboards, whatever they are, and they see a pipe, they see an incline. They may be inclined to gfl o�er and join them. And big kids and little kids don't always mix -- 5NlPE5: lJh-huh. WATTS: -- when it comes to that type of an en�ironment. 5o just my �omment. SNIPES: Yeah, I appreciate that. It hasn't been -- we haven't had those kind ❑f issues with skill le�els and especially with this graup. They are notorious far wanting to help the litt�es learn. In fact, when we were designing the skate park, ❑ur best skaters in town were wanting to make sure that there were some eiements for kids to learn how t�. 6ecause if not, it goes away and na one then they don't get what they ha�e. And s❑ that's kind ❑f always been their �iew, which surprised me when we were ha�ing the discussions earfy on, was how impartant it was ta aur skaters wha we were asking what they thought we shauld add. The first thing they talked alaout was wanting ta get things where they could get peaple to learn. WATTS: �ood t❑ know, and I certainly hape I'm wrang. Page 30 of 48 TDWN OF F�UNTAIN HILLS JANUARY 2�, 2U26 REGULAR MEETING T�WN COUNCIL 5fVIPE5: Uh-huh. Thank you. MAY�R FRIEDEL: Coun�ilwoman Earle. EARL.E: Thank you, Mayor. I have three questions. SNIPES: ❑kay. EARLE: Please bear with me. SNIPES: Sure. EARLE: Would this agreement grant Kiwanis naming rights? And if sa are those rights permanent or limited in duration? SNIPES: Yes. We would name it like we'�e done with ❑ther things that had this type ❑f a donation too. They'11 get a plaque that will say that they were inval�ed in a majar contributor. EARLE: And ❑nce the park is constructed, wh�'s respons+hle f�r ongoing maintenance, repairs, and liability costs? SNIPES: The tawn will be, just like we've dane with everything else that we've done this way. EAftLE: 5a then -- there we ga. That answers the last ❑ne, Kiwanis then would not contribute any money towards future maintenan�e? 5N I PES: Carre�t. EARLE: �kay. SNIPES: Uh-huh. EARL�: Thank you. MAY�R FRlE�EL: Vice Mayor? VICE MAYDR SKILLICORN: Director 5nipes, if you're not careful, you're going t❑ get a reputation for ha�ing plenty af family activities for tawn. 5o motion to appro�e. SNIPES: Thank you. LARRABEE: Second. MAYQR FRIE�EL: 6efore we get there, Councilperson Kali�ianakis, do you ha�e a comment? Page 31 of 4$ TflWN �F FQl1NTAIN HILLS JANUARY 2�, 202fi REGLJLAR MEETING TOWN CQUNCIL KA�IVIANAKIS: Yeah. Thank you, Mr. Mayor. Yeah. I think we're going to have the votes far this. I just want to encourage the cauncil to �ate yes fQr this. Wad the Kiwanis just come to us far $2p�,004 and ha�e the town �ust pay for it, that waufd ha�e been a completely different story. MAY�R FRIEbEL: Agreed. KALIVIANAKIS: 8ut I can imagine the efforts that it took for them to raise $1��,4flD ta see their �ision ❑f bike safety in our town. And I think this is totaliy Fountain Hills. It's totally proacti�e. It wi31 he by the skate park. It's just it's a perfect locatian. it's a perfect �ancept. And I`m all in. This is -- and I want ia thank the Kiwanis for this idea and their generosity towards the corr-imunity and the ehildren. SNIPES: I'll add to that that I can't say enough how patient they'�e been. When they first came to me, we were struggling to find spots and we looked at e�ery single park we ha�e, we koaked at the schaols properties, we looked at just about e�erywhere f�efore we finally eame ta this conclusion. And not ❑nce during the pracess were they pushy and upset about -- you know, they understood the na's. And then we got to a yes. And so I couldn't be more happy with how they've als❑ treated the tawn, and the staff working on it. MAY�R FRIE�EL: And I'd just like to add that I think the mare the merrier. This is another enhancement to that park. I�nd we don't want to walk away from $100,Q�0 match. Are they interested in doing any roads in town? 5o I belie�e we ha�e -- any comment cards? T�WN CLERK: Yes, Mayar, we have two. Keith Larson, fflllowed by Jared Sterns {ph.}, is that correct? LARSON: Good evening, Mayar and Coun�il. I'm Keith Larsen of the !{iwanis Club, Treasurer. I just want to say thank you ta the staff for working s❑ well with us on this, and we're very excited about making this a reality, and having you participate in it, and colla�orating. And we have a history of doing this with the tawn aver the years. And sa this is a perfect fit. And glad t� hear you're all in favor ❑f it. 5o great. Wel4, maybe nat all, yau ha�en't voted yet but. Page 3Z of 48 TaWN �F Fal1NTAIN HILLS IANUARY 20, Zfl26 REGULAR MEEFING TQWN CQUNCIL MAYDR FRIEDEL: We ha�en't �ated, and I still -- my questian still stands, are you interested in any road wark? LARSON: Well, I'll have ta take that back to the membership. Thank you. MAYDR FRIEDEL: Thank you. STERNS: Mayar, Councii, thank you. I wan't take up much time. Ke�in's done a great job and staff of the presentation and talking af�out what the project wauld be. I'll talk more about why, per se. As we all iave Fountain Hills, there are hills in the neigi�barhoods, and a lot af the neighb�rhoods aren't the friendiiest for kids tfl go out and ride their bikes. And we also ha�e the Arizana heat. And while we love being a dark Skies �ammunity, not a I�t ❑f street lights for the kids ta ga out at night and ride their �ikes. 5o something like this gets the kids tagether and solves a lot of that. Councilman Watts, to answer one of your questions about older kids �oming over and skating on that. I think the idea for this park is also for their parents or other people ta help these kids kind ❑f learn. And sa I think hopefully we like to think parents wouid keep things gaing, but you know, things can happen. But thank yau al€. Yhanks. I think, Kevin. SNIPES: Thank you. That`s it. MAY�R FRIEDEL: So we ha�e a mation and a secand. Can we get a rall call, please? T�WN CLERK: Council Member Earle? EARLE: Aye. T�WN CLERK: Couneil Member Larrabee? LARRABEE: Aye. Y�WN CLERK: Couneil Member McMahon? MCMAHDN: Aye. TQWN CLERK: Council Member Kalivianakis? KALIVIANAKIS: Aye. TOWN CLERK: Council Member Watts? WATTS: Aye. �dWN CLERK: Vice Mayar 5killicorn? Page 33 of 48 TOWH OF F�UNTAIN H{LLS JANUARY 20, 2UZ6 REGULAR MEETING T�W{V C�UNCIL VICE MAY�R SKILLIC�RN: Yes. TOWN CLERK: And Mayor Friedel? MAYDR FRIEDEL: Aye. TOWN CLERK: Mayar, seven-�ero. MAY�R FR�EQEL: Thank yau. Thank yau, Ke�in, for your work. Item G is discussion and possible direction regarding directing staff ta begin the pr�cess of securing legal services t� re�iew the draft revisions of the town's wireiess communicatians towers and antenna ardinances. Rachael? GD�QWIN: I wili take this, and ther� c�uickly hand it aff to Councilman Watts. The con�ersation regarding our small �ell and our wireless cammunications has been an angoing one. I think everylpady at the dais is aware of that. This has been an ❑ngaing dialog abaut changing our ordinan�es ta better protect our community. We'�e hit se�eral roadblocks. We're at a point where ❑ur staff has w�rked on this. And we have rea�hed the limit of our technical capacity. 5o in order ta mflve forward, we will need the assistance of autside counsel. 5a that is where this discussion is going this e�ening. I krraw there's been some can�ersation, and John is happy ta walk us through same of the hackground af how we got here, if yau'd like ta d❑ that. �therwise, we'd like t❑ move in the direction ❑f how would the council like t❑ proceed with this item? I will say as a�a�eat, Cauncilman Watts and I have had these conversations. He has been integral in this conversation. He's �ery well versed in this and can certainly share some further information. MAYQR FRIE�EL: All yours, Rick. WATTS: Do you have a comment? You're gaing to wait? A11 right. Then I'll just give you my update. The same update that I ga�e John and Rachae! last week. I've identifie�f six organizatians, and then kind of ranked them based upan their experien�e. And I talked to the top three pretty much iike we would cfo. We ha�en't -- we t�rew around the idea of doing an RFP that`s very ❑rrerous. This has k�een dragging Page 34 vf 48 TOWN OF F�UNTAIfV HILLS lAHUARY 20, 2D26 REGULAR MEETING TOWN COUNCIL on fflr three years, maybe four years already. 5a I've talked to two of the top three. I`ve a�tually talked ta all three, but I ha�e a pending call with the third one on Manday. I presented aur Chapter 17 Tawn Cade 1b.2, autlined what we want to d❑ and fundamentally what we want ta do, as I understand it, and I'll stand �or correction. We want to do everything in aur power within the confines of the law, short of prohiloiting cell towers, small wave towers, small wireless facilities. 5a having said that, the two arganizations that are right at the tap of my list right naw, one everybody already knows, it's Campanelli. CampanelRi has been less than responsive, �ery pleasant an the phone, no hard feelings abaut w�at transpired before, but hasn't responded in a timely manner. The secnnd ❑ne is a combination of a law firm i�eaded by a guy named SGott MeCallaugh, wha now works for the Children's Defense Fund. And they have responded. They've gotten the do�uments, and I've presented e�eryk�ody the same documents. I'�e tald e�erybady exactly the same thing afaout we're talking to multipfe peapie t❑ get, sa to speak, the best deal we can. I'm expe�ting a praposal from the Chiidren's ❑efense Fund tomorrow, the next day. We aught to ha�e something. ! will pester Campanelli again. These two are the top of the list because they are the most versed aGross the nation as far as 5G goes. They understand the task and frankly, we're -- I think we as a town are tired of waiting, and we want ta tighten things up, madify the Chapter 17, 15.2 �own Code and get samet#�ing on the baoks that has a little more teeth to it than what we'�e got right now. 5o that's the cliff notes versian of it. A lat af w�rk. I faund out how difficult attarneys can f�e to talk to, s❑ it makes it �ery challenging t❑ get -- and I appreciate the fact everybody's busy. These are the tw❑ premier firms in t#�e Country. 5o they're being hammered by a iot of people. And in the midst of all of this, the FC� has pulled the hazard warnings off af their website about the radiation and radio frequencies. They pulled it off. The n�tice of propased rulemaking is once again being prflposed, but it doe�n't loak like it's going t❑ go anywhere. And it's extremely restrictive, taking camplete contral away from local municipalities. Sa we really want ta get ahead af the �urve and we can always modify what we've got in six months, a year, when the IVPRN Page 35 of 48 70WN OF FOLINTAIN HILLS JANLIARY zfl, 202fi REGUiAR MEETiNG TOWN Cal1NCiL becomes either affi�ial or nat. So with that, I'm hoping that I can get council to go along by a nad of a head to move forward with either M�Collough, the ather organization is Devil Air Law Group {ph.}, Marcifl Cardona {ph.j, ❑r Campanelli. And I'll make that presentation to staff ance I get all the do�umentatians assembled. Happy to answer any other questions. I feel like I should be down there. MAYflR FRIEDEL: Vice Mayor? VICE MAY�R SKILLICORN: Thank you, Mr. Mayar. I`m campletely satisfied with the progress our dream team has made ❑n this, and I'd like t❑ make a motion t❑ continue this process and appro�e up to $50,D00 withaut �ouncil appro�al in the future, going farwa rd. EARL�: 5econd. But I do have a question. MAY�R FRIE�EL: Coun�ilwoman Earle. EARLE: Yes. What would be the time frame? Yau know, if we approved this tonight. Do you have a rough idea af when it cauld be campleted? It's been sa long. WATTS: The responses I've gotten back so far, it's going to be in that 3fl t❑ 45 days is what it looks like that they �an actually re�iew. Because the complexities as staff has encounteret4, as legal has encauntered, are challenging to make sure that we don't breach any federal or state laws, and that we still d❑ everything in flur power to protect the public as best we can. 5a I woufd say 3n to 45 days. EARLE: ❑oes that include then -- then it would ha�e ta g❑ ta Pianning and 2aning, then t❑ us, then 30 days wait after that? WATTS: Yes. EARLE: �or it to t�e implemented? WATTS: Yes. EARLE: Is that right? Okay. MAY�R FRIEDEL� Councilwoman McMahan. MCMAHDiV: Thank you. Right now, the �CC federal gQvernment regulates teiecommunications. We'�e known ak�out that a long time. We've had pre�ious legal counsel ad�ising us ta not regulate. And under the FCC's, Build America under Trump Page 36 of 4$ TDWN QF F�l1NTAIN HILLS lANl1ARY 20, 20Zfi REGULAR MEETING T�WN CDLJNCIL ati1711n1St1'Bt1011, �IIIl'11Clatlflg I�ail"IEI"5 tO Wlf ple55 Ci�pI0yI71Ent InlildtlVE, I'�e seen noti�e that the federal gavernment is in the process ❑f revising its rules and regulations. And these rules and regulations are going ta preempt state and lacal regulatory authority. So knawing that and knowing that they aiready ha�e authority, I dan't agree with maving forward with this right now �ecause -- and spending another 8 t❑ $25,000, f�asically wasting it when we knaw that if this is enacted, it's gaing to have to k�e reloaked at by further legal caunsel, and more morrey is going t❑ be spent an it. We'�e already blawn $5,0�� on Campanefli, and I can't e�en 3�elie�e we're even considering looking at him again. I don't think that right now timing wise, this should he mo�ed forward. And again, we shouid -- I don't think we shauld hire an attnrney. The FCC is going to come back and further regulate this stronger and preempt state and loca! regulatory. And it's probably going to be retroacti�e, too. 5o I'm not for this at all. MAY�R FRIEdEL: Thank you. Councilperson Kali�ianakis? KALIVfANAK15: Thank you, Mr. Mayor. Yeah. IC s�unds like just e�en from Council Member Watts' report, we're not really quite ready to be here. He's still got a lot af research ta do. He's stil� cannecting witF� argani2ations, with lawyers that he wanted tfl get back to them. You know, if we're going to do this, may�e we should finish the research first and then bring it back for coun�il. We got a request, a comment form today from a gark�ara ❑ope {ph.}, Ac�arding ta the Federai Register, the FCC is in the process of formulating rules tY�at are intended t❑ provide reforms that would free towers and other wireless infrastructure frQm unlawful regulation kaurdens imposed. It would make so much mare sense t❑ see where these reforms lead �efore spending money unnecessarily an legal advice can�erning eommunications towers. This constituent asks us pkease vote na. When we were brought intp ❑ffice three years ago, you know we did run out of raads first program. You mentioned the roads taday with the Kiwanis Club. That daes seem ta be our priority, and that's what we're trying to see -- that's what we're trying to put money into. We fired our lobbyist, and we did a lot of cost cutting when this counci4 Page 37 of 48 T�WN �F F�l1NTAIN HILLS JANUARY Z0, 2026 REGULAR MEETIN� TaWN COUNCIL was first elected three years aga. And this seems ta be just throwing money inta a 6uGket. All the research that l have dane on this issue says the federal government -- and Councilwaman McMahon mentioned k�y name t�e Building America Eliminating 8arriers ta Wireless �eplayments. This this is happening. They are right now formulating the guidance an 5G, and it specifically calls for na local interference. That what's happening right now. Naw we can ignare it and we can act like we �an ga around the edges, laut we can't. T�is is all going t❑ be regulated. We should at least wait untii the regulati�n� come because they're caming pretty quickly. It says -- and I won't -- the wireless infrastructure in Sections 253, 332{c}(77 about inhibiting the deployment ❑f towers and ather wireless facilities that muni�ipalities �an impase reasonable delays of permitting appravals. They can't make the appro�al pra�ess costly. They can't access dispraportionately and atherwise unreasonable fees t❑ put up their towers. The candit+an, appraval, and esthetic ❑r similar criteria cannot be dane, even though that's what we say we want to do. We want t❑ dfl the esthetics af it. And they're say�ng that this is not going to he regulated by IoGal go�ernments and impose ❑ther regulatory impediments and �iolation af the Telecommunications Act, which was passed long ago. And so we ha�e receivec! a letter from AT&T and that letter was pretty elear that it says the FCC rules ha�e occupiec� the field ❑f radio, RF, regulatian and local regulatian of RF towers, and is preemptive and void by local governments. When reviewing site specific appliGation a jurisdiction is prohibited from cflnsidering en�iranmental effects of RF emissions. Naw this was a Fountairr Hills safe te�h, wh� was the impetus of all this, specifically puts on their website about the harmfu! effe�ts of RF radiation. That simply can't be taken inta consideration when trying to regulate this. It's in the law. And so AT&T has sent us a letter, and it said that if you do what yau're going ta da, we are �oing ta sue you. We are ❑n natice flf the lawsuit. We know that they'�e already filed the letter. And I have a capy of the letter if anyhody wants it here. And if we go farward and knowingly pass regulations on RF telecommunications that we know are in vialation of the law, I am not sure if aur insuranGe po�l will even cover the lawsuit that Page 38 of 48 TaWN flF FOUNTAIN HILLS JANUARY ZU, 20z5 REGl1tAR MEETING TdWN COUNCIL will be caming down by AT&T, whi�h could really hurt help building the r�ads out if we're fighting a lawsuit withaut �ur insurance carrier. So I think at a minimurri, we should get more resear�h from Coun�il Member Watts. I think we shauld put this ❑ff far another six to eight months to see what the federal gavernment does. And at that point, based on what the new federal regulations are, we can ga fr�m there. But we really have to be prudent here. I knaw we want ta a�t, and I know there's k�een same people in our town that are pushing on this, but we ha�e to k�e smart. Thank you. MAYDR FRIEDEL: Councilwaman Larabee? LARRABEE: Thank you, Mayor. You knaw, sometimes the cornments go on so long, I forget what I was going to say. 5a if it takes me a second ta get my points, I apologize. �1NIbENTIFIED SPERKER 1: (Indiscernible�. LARRA6EE: I don't rememt�er my fellow Councii memher ha�ing #�een recognized far that off the mic comment, s❑ I'd like that an record. Anyway, with the first point regarding passing somethir�g we know ta he illegal, the entire point af getting legal �ounse[ is so that we don't pa�s samething we know to be illegal and t❑ make it �ery clear that, yes, you can legisfate on these things. When we started this con�ersation, we were one of the first peflple talking about it, which was awesome. At�d we really cauld ha�e been leading this fight, but instead it's been delayed for years and years, and now we're a little bit behind. If anyane was wandering, there's se�eral Arizona municipalities that have already passed 5G ardinances. We have Giibert, Mesa, Tucsan, Peoria, Pima County, Phoenix, and Paradise Valley who have ardinances ❑n recflrd or are, like us, �urrently warking �n theirs. Ta be extremely clear, that is ❑ur same state. I didn't e�en ga autside ❑f aur state. 5a we know that the Ninth Court -- Ninth CirGuit C�urt has already seen same �f these ardinances. And we also know that these attarneys that are being considered ha�e experien�e in this area, unlike th�se af us on this council. The rest ❑f what I w�s going to say has escaped me. 6ut yau understand my paint, that our entire intentian is t❑ not pass something that is illegal, which will happen if we do not use someone whfl knows what they're talking about. Page 39 of 48 TOWN OF F�UNTAlN HILLS JANUARY 20� 2U26 REGULAR MEETING TDWN C�UNCIL MAYOR FRIEDEL: Councilman Watts? WATTS: I think t❑ ga a little bit further, I think I didn't explain the fact that one of the tests in this is the Ninth Circuit, and the Nintfi� Cir�uit has already acid test some of the challenges to the TCA Act ❑f 1996. 5a they're well aware af what we can and can`t d❑ spe�ifi�ally ta cellular cammunications. 5mall wa�e -- small wireless facilities are a little bit different. There are things that we �an do to the cellular world. There are things we can't do. They knflw that. 5mall wireless faci{ities we've got mare latitude with. And the ot#�er thing is that quite often rules, ardinanGes that are in place are grandfathered in. It's not a gi�en that we'If have t❑ rescind everything we do. There's na given there whatsae�er. 5o I take exception ta that. We'll test it against the Ninth Circuit. And remember, the whale abjective is to help understand the technicalities and legalities, hring something hack to cauncil by way of staff and say, here's what we got. Here's �ur recommendatian ta m��e forward. And then maybe we can ha�e a further dis�ussion. MAY�ft FRIED�L: Let me add that I don't think we blew $8,0�� with Campanelli. We got some useful information, and some questions answered that I think were important for this town going forward. Whether w� choose ta go with him ❑r not, that's not the paint right now. We can always make amendments if we find that somett�ing's nat -- if they pass a law that's retroacti�e ar whate�er. 1 think it's impartant that we mo�e forward on this. We'�e been dealing with it for what, three years, maybe four? So and I agree with you, Councilman Watts, that we`re hiring people that know the law a lot better than we da right here. S❑ I wilf ask Caun�ilwoman McMahon for your �omrnent? MCMAH�N: You're tal€cing a3�out current law. We're on notice that the FCC is going to further regulate this and restri�t it. And we don't have a crystal loall, we don't know what they're going to write, et cetera. 5o assuming that ail you need ta do is pass this because other jurisdictions have, et cetera, I think that's an irresponsible way to look at this. Anc! again, I'm concerned that we're going t❑ spend additi�nal staff time, waste money we dQn't t�ave an legai counsel that this is just going to ha�e to f�e relooiced at and redane again. 5o my concern again is a iawsuit anci we're an notice, like Page 4a of 48 TOWN Of F�UNTAIN HILLS JA1VlJARY 2Q, 20ZG REGULAR MEETING T�WN CDUNCiL Councilwoman explained, I don't think we should move forward with this. I think it's expasin� the tawn to toa much liability. MAY�R FRIEDEL: Thank you. Coun�ifman Watts? WATTS: Again, to clarify, this is to gather the information to formuEate the ordinance in conjunctian with the law firms. Whoe�er we select, aur tawn attQrney will end up doing a final re�iew to see what passes muster, and what doesn't pass muster. The other thing is that we've got an executi�e braneh now that is talking about cellular, and the Department af Health and Human Resources has initiated a federal investigation into the connection between mok�ile phone radiation, neuralogi�al harm and cancer. Now someb�dy is beginning to understand what's going on. And again, it's nat a given that this would be rescinded. And if we don't do something, we're going ta sit here for another four years waiting far something fike an NPRN, which has been going on far ad nauseam for years. This NPRN has ❑ccurred and has yet tfl pass muster, because it has to g❑ through the House and the 5enate. Hasn't happened. So we need to da something now while we can, and we'll amend ar modify in the future. But right naw we need to strengthen the regulations that we've got. MAYDR FRIE�EL: Thank you. Cfluncilwoman Lara4�ee. LARRABEE: Thank you. I rememberecf my other half. Thank you. 5nrry, Mayar. Regarding the �omments ha�ing been made af us being on n�tice, t❑ be �ery clear, that letter was regarding the moratorium that we passed, assuming that we wauld soon have a 5G ordinance. Realistically, the longer that we tarry on this ordinanGe it is potentiaily the more risky option. And that fetter was, again, spe�ifiGaily regarding the moratorium. You can't threaten t❑ sue sameone o�er samething that doesn't exist yet. 5o no, we were not threatened lawsuit Qver an ordinance that has not yet been written. Furthermore, with our -- wit� the rules beir�g reconsidered. Yes, exa�tly, they are being rec�nsidered. We don't know what that will look like yet. There was ariginally talks of that bein� extremely, extremely -- I was going ta say abusive, hut that's nat fair, but just Page 41 of 48 TQWN OF F�UNTAIN HILLS JAN[JARY 20, 2U2fi REGULAR MEETING TaWN COUNCIL restricti�e af local gavernments. But then at the same point now we see that that investigatian is ❑ccurring. 5❑ there is same hope as far as what those poli�ies wil! end up being. The fact that now ❑ur federal government is finally exploring the passibility �f there mayf�e being health risks that shows that they are considering ehanging their palicies, which will foe very helpful ta us. �f caurse, we recagnize the health risks of light poiiution, sa why not recagnize the health risks af radiation, whiGh we are, you know, most of us commanly aware of? My point being, yes, there will be changes. We will take a look at it. At the same time, we can't just keep this sitting. It's been a lang time. MAYQR FRIEbEL: ❑kay. I think we'll hear from Councilwaman Earle, and then we'll see if there's puk�lic comment. 1{RLIVIANAKlS: I just have a clarifi�ation. MAYOR FRIEDEL: Okay. EARLE: I was going ta say exactly that I'm hearing repeats here, and I woukd like us to mo�e forward, listen t❑ the comments and �ote. Thank you. KALIVIANAKI5: Okay. And then, Mr. Mayor, my clarificatian was if you -- he agreed to it. WATTS: I just -- KALIVIANAKIS: Just s❑ people know the AT&T letter, given the preemption of the field of RF r�gulation, the town may not impose a moratorium, yes. Or adopt a re�ised de�elopment code with new standards based an �oncerns expressed by citizen testimany. So it wasn't just dire�ted tawards the moratorium. It was alsa directed tawards writing �ode. 5a it was an either or. MAY�R FRIEpE�: Thank you. KALIVIANAKlS: You're welcame. MAY�R FRIEL3EL: T�wn Clerk, da we ha�e any comment cards? TaWN CLERK: Yes, Mayor, we do. MAYDR FRIEDEL: �kay. T�WN CLERkC: We had one submitted online and they wanted t❑ let the council knaw they were against. We have twa present, Larry Myers (ph.j and Lari Trafler {ph.j. Page 42 of 48 T�W[If �F FOUNTAIN HILLS IANUARY 2�, ZQ2fi REGULAR MEETING TOWN CpliNCll MYERS: Mayor, Council, L.arry Myers, 44 year resident. First, I'd like to commend Ke�in and the Kiwanis Club for aGtually �etting a bike park in two years, since this has taken four years. And four years toa many hecause we all knew that n❑ one, no one in this town has the expertise t❑ deal with this. And so hiring an expert f�r a few cfollars, which you d�n't e�en knaw haw much it's going to be right now, seems Itke a pretty cost efficient way of finding out just what yau can and can't do. But first, !'ll take you ta the wayback machine because previous cauncil tald us we cauldn't pass an ordinance regarding transitionai hausing as part of graup homes f�ecause we would be sued. ❑h my God. The Americans for Disabilities Act. Heaven farbid we do samething to discriminate against samebody. But guess what? We wrote an �rdinance and we ha�e a transitional housing ordinance in this town. I ha�en't seen a lawsuit yet but maybe someone wilf step up now that they'�e heard me speak on it. You can't go through life being afraid af your shadow. The strong sur�ive, and they protect everyane. So if yau want to be weak, dan't get an expert, put this aff for anather 8 months, 12 months, 15 months, 3 years, 4 years, wait for the federal government to figure it out, it might be 1� years. Some af the things the FCC works �n are ten years. I spent my life in the FCC business, so V wauld encourage you to hire ane af the cansultants. Fiscal responsibility always tells me the guy that starts on something is the cheapest to finish it, because every lawyer always starts from the #�eginning again. Why? 5o they can �harge y�u. And that's how they wnrk. 5❑ let's finish this thing in a reasonable amaunt ❑f time, which in my boQk, the way I laok at the way it �oun�es around, I'd say four months. 4 months, gets reviewed, goes to Planning and 2oning, comes out of Planning and 2oning, comes to yau guys, gets implemented, 3�-day wait period. Soom. We're done. Let's get it over with. Four years is way tao Iong far something like this. Thank you. TROLLER: Hello, all. Lori Troller, resident. I dan't knaw where ta start. I'm kind ❑f with yau. 7here's sa mu�h said, so mu�h flew araund the room, but a fat of it was c�untereci. I'm �ery prouc� af a lot of you peaple up there, not everyone. 5o th� thing about AT&T, you g�t ta understand this is the game. The telecoms, they're the ones making maney. That's how this is happening. They're gaing to k�ully their way in. They're going to te41 Page 43 of AS TQWN OF FQUNTAIN HILiS IANtJARY 2�, 2U2fi REGULAR MEETING TOWN COi1NCli you, you can't do this. There's nothing �hecking what they're saying. Nobody's -- they can say whatever they want. 5o we can prQtect oursel�es even more than our ❑rdinance has. I'�e explained this before when this first came aut, I can't e�en re�all the year now. The federal government knew that municipalities weren't going to know how to write this law, so they put a template aut. We taok the template that the federal government put out. Federal government has an agenda aiso. They're nat gaing to teli you all the little things that you can stick in there ta really lock it in and to protect yourselves. That's what we're doing. That's aEl we're doing. We're not writing anything illegal. I�an't even believe you suggest that. That is one huge insult. We are not writing anything that's illegal. Why the heck would we do that? That's a rhetorical. I don't need an answer to that. 5ince we'�e startecl, Mesa has put their braadband underground. Their mayor sought that out. That mayor sought out companies that would da that. That's gaing underground. Tucson, for the longest time has been fighting all the abo�e graund stuff, their stuff's going undergraund, nat celEular, the broadband. 5❑ we can keep the braadband down there. That's great. That's where -- tl�at's what our general plan says. 5o here's what`s irresponsifale. i.ettin� your neigh�or get a tawer, fetting yaurself get a tower. Dnce those tawers are up, they cannot be remo�ed. That's not the -- once it goes up, all the towers we have, we can't touch them. They're there. They don't come down unless the telecam �ompany wants to take them dawn. That's what irresponsible is. Got a whole bunch more. You guys covered it. I'm sorry. I'm a little lit up, but I just -- as what Rick is presenting t� mo�e forward, behinci it 1D0 percent. It's the right thing to da. Let's go. And yes, April was the first time I stood up here and never talked. April 4 years ago. 5a this coming April is the fourth anniversary. A lot af work. Let's finish. Thanks. MAY�R FRIEpEt: Tawn Clerk, we ha�e a motion and a secand. Can we get a rall call, please? TOVIIN CLERK: Coun�il Memf�er Watts? WATTS: I thought I tald yau not to ask me first. Aye. Page 44 of 48 TOWN DF FaUNTAIN WILLS IANUARY 20, ZOZfi REGULAR MEE7ING TOWN COUNCIL TaWN CLERK: Cauncil Member Kalivianakis? KALIVIANAKIS: Nay. TDWN CLERK: Council Member Larrabee? LARRABEE: Aye. TDWN CLERK: Council Member McMaF�an? MCMAHON: Nay. TOWN CLERK: Cauncil Member Earle? EARLE: Aye. T�WN CLERK: Vice Mayor 5killicarn? VICE MAYQR SKILLICORN: Yes. TQWN CLERK: And Mayar Friedel? MAY�R FRIE�E�: Aye. TOWN CLERK: Mayor, five-twa. MAYOR FRIEQEL: Thank you. Next up is council dis�ussion and direction ta the town manager. Councilman Watts? WATTS: I have a request. And that request is we're taking rea�ly good �are ❑f the fire department, approving everything that they need. I similarly want t❑ laak at our building safety department, because I read a re�iew the other day abaut 05HA viaiations. And I want to make sure that we co�er things like fall protectian, hazard communi�atian, ladders, lackout tagout, respiratary stuff, all the things that are the tap ten, and I can send you that list, of potential violations and where suits and workman's comp claims come fr�m. And I want to make sure that we're daing the best we can do for our town staff. Thank you. MAY�R FRIEdEL: Couneilwoman Kali�iarrakis? KALIVIANAKIS: Thank you, Mr. Mayar. This is kind of a minor ane, but you mentianed the cancel�ation af the Munc� and Music, which I ha�e heard, and �'ve had a number of constituer�ts talk to me about. I've played at Munch anti Music, foy the way. And so if we could try ta put t�at back together again, it was really pasiti�e. I would enGourage Page 45 of 48 TDWN OF FOUN7AIN HILIS JAAfUARY 20, 2Q2fi REGLILAR MEETING TOWN COUNCIL the town to try to reconstitute that program. MAYOR FRIEdEL: �kay. Any requests for future -- I'm sarry, Vice Mayor? VICE MAY�R SKILLICORN: Agenda item. Future agenda item, that's what I'm looking for Mr. Mayar. So there's actually two. And the first one's got tw❑ parts. 5o the first one is I'd like to #�ring back the iegislative brief or whate�er that is. And then also, we're going to have to do it at the next meeting, which isn't until February, But an the tax confarmity I'd lo�e to direet the manager to write a ietter urging the go�ernor to ga alang with tax canfarmity specifically the veto bill, 5611�5. You know, we absolutely need that far conformity. The ❑epartment af f2evenue forms are ❑ut there. There are thousands af residents of Fountain Hills that are going ta have t❑ redo their taxes. The way it �urrently stands, that veto will force tipped employees t❑ pay taxes on those tips. It'li force many seniors in Arizana and Fountain Hills to pay m�re in taxes. It'd also tax anyone in Fountain Hills that has you knaw, earns avertime. 5o it's crucial that we pass a tax canformity. But we're going to have to �ote on it in the next meeting. So that's that first one. And do I have secands? LARRABEE: I would be supportive ❑f that. EARLE: I'll support that tao. WATT5: Okay. And then the next one is, in light af what we saw with Minnesota and 5omalia, the fraud, I would like t❑ take a loak at all the support we ha�e for nanprofits. And then also action ❑n that is that council sets the policy of how that money is doled aut, and if that money is doled aut. EARLE: I'll sec�nd that. LARRABEE: I�ave questions abaut it so that, I guess, means I second it. GD�QWIN: If I can, I'rn going to throw out one other. That tapic specifically our community cantracts, which is what I think are referen�ing ❑ur nonprofits is part is currently schecluled to be part of aur discussion at the buclget retreat. 5❑ if you would like to wait till that happens, whi�h is at the end of February. Or would you like to ha�e that be prior to? Page 46 of 48 T�WN OF FOUNTAIN HILLS JANl1ARY ZD, 2fl2fi REGULAR MEETlNG TOWN CflUNCII VICE MAY�R SKILLICORN: S❑ Mr. Mayar, Tawn Manager, there's some flexibility with that. GO��WIN: Okay. VICE MAY�R SKILLICORN: But I'd kind of like it ta be more than a retreat, because I'd like it to be an actual agenda item. Because I envision that -- well, maybe we d�n't want to change policy, but I would like the council ta take a crack at guiding the palicy there. GD�DWIN: 5ure. MAYflR FRIEDEL: 5❑ maybe we do it at the budget retreat and then find out where we're at, and then have an agenda item? GOD�WIN: 5ure, we �an da that. We can ha�e kind of a discussian at that le�el and then bring it back for -- MAYOR FRIEDEL: You okay with that? GQDaW1N: -- formal action. MAY�R FRIEDEL: ❑kay. We'll do it that way. G��DW I N: Okay. Thank you. MAYOR FRIEDEL: 5eeing nothing else, �an I get a motion far adjournment? UIVIDENTIFIED SPEAKER 2: 5a mo�ed. UNIb�NTiFIEQ SPEAKER 3: 5econd. MAY�R FRIEDEL: All in fa�or? ALL: Aye. MAYQR FRIE�EL: Thankyou. Page 47 of 48 T�WN pF FQUNTAIN HILL5 1ANtJARY 2fl, 2DZ5 REGULAR MEE7ING TDWN COUNCIL HAVING Nfl Fl]RTHER BU5INESS, MAYOR GERRY M. FRIEDEL ADJDURNED THE REGIJLAR SESSION OF THE FOLINTAIN HILLS TDWN C�UNCIL HELd DN JANUARY 20, 2026, AT 7:16 P.M. APPROVE�: � ��� � � — GERRY M. FRIEDEL, MAY�R ATTEST: � - � BEVELYN J. NDER CERTIFICATIDN I HEftE6Y CERTIFY THAT THE FQREGOING MINUTES ARE A TRUE AND CORRECT C�PY OF THE MIN�.ITES OF TNE REGULAR CITY C�UNCIL MEETING �f THE CITY COUNCIL, FDUNTAIN HIL.LS, ARIZONA HELD �N JANLIARY 20, 20Z5. I FURTH£R CERTIFY THAT THE MEETING WA5 DUL.Y CALLEb ANb HELb AND THAT A ql.IORUM WAS PRESENT. B�VELYN J. BEN�ER Page 48 af 48