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Town of Fountain Hills · Meeting 424 complete

2026-06-16 · Town Council

Items: 27 / 27
Docs: 32

Town Council Regular Session

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Synced: 2026-06-27 15:40 AZ
Meeting Documents

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Call to Order and Pledge of Allegiance

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Invocation
A Moment of Silence

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Roll Call

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Statement of Participation
Anyone wishing to address the Council regarding items listed on the agenda or during Call to the Public must completely fill out a Request to Comment card located in the back of the Council Chambers and hand it to the Town Clerk prior to the start of the meeting. Once the meeting has started, late requests to speak cannot be accepted. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Comments may not exceed three minutes. It is the policy of the Mayor and Council not to comment on items brought forth under "Call to the Public." However, staff can be directed to report back to the Council at a future date or to schedule items raised for a future Council agenda. To avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation, applause is not permitted, except during Proclamations, Awards, and Recognitions. All meeting participants must maintain proper decorum as specified in Section 6 of the Council Rules of Procedure.

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Summary of Current Events by Town Manager

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Presentations

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PRESENTATION: ​​​​Tourism Update
Staff will present a Tourism Update at the June 16, 2026, Town Council meeting. Staff is pleased to report that tourism marketing efforts reached record audiences during the past year, significantly expanding Fountain Hills' visibility as a destination. These efforts continue to drive awareness of the community, attract visitors, support local businesses, and contribute to the Town's economic vitality. The update will highlight key marketing accomplishments, audience growth, campaign performance, and ongoing initiatives designed to strengthen Fountain Hills' position as a premier Arizona destination.

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Proclamations, Awards, and Recognitions

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Consent Agenda
All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Council.

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CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-17, a Cooperation Agreement between the Town of Fountain Hills and Maricopa County, for participation in the Community Development Block Grant (CDBG) Program.
BackgroundThe Community Development Block Grant (CDBG) Program is a federal program administered by the U.S. Department of Housing and Urban Development (HUD). Maricopa County administers the Maricopa Urban County CDBG Program for eligible municipalities that are not direct CDBG entitlement communities. Through the Urban County structure, eligible cities and towns may be included in the County’s consolidated planning process and may remain eligible for County-administered CDBG-related programs, subject to applicable program requirements and funding availability.Prior Council ActionThe Town initially joined the Maricopa Urban County CDBG Program in 2017. The Town Council subsequently approved continued participation through three-year renewals in 2020 and 2023. The 2026 action is consistent with those prior Council actions and would continue the Town’s participation for the next three-year period, July 1, 2026 through June 30, 2029. For this cycle, Maricopa County has provided a new Cooperation Agreement rather than another amendment so that each participating municipality has a clean and complete agreement reflecting current HUD requirements.Current ActionThe proposed Cooperation Agreement would continue the Town’s participation in the Maricopa Urban County CDBG Program for the 2027, 2028, and 2029 HUD program years. Approval of the agreement does not guarantee that CDBG funding will be awarded to the Town or to any specific Town project. However, participation keeps the Town and eligible residents within the County-administered CDBG framework and preserves the opportunity for the Town, or qualifying Fountain Hills residents, to benefit from eligible County-administered programs when available.A key benefit of continued participation is that Maricopa County remains responsible for the primary administrative, planning, filing, and reporting requirements associated with the Urban County CDBG Program. Approval of the Cooperation Agreement itself does not require a Town appropriation, local match, or expenditure of Town funds. It also does not commit the Town to administer a specific project or program. The agreement does include standard cooperation and federal compliance provisions associated with participation in the Urban County CDBG Program. If a future CDBG-funded Town project or activity were proposed that required Town resources, that item would be evaluated separately at that time.CDBG Program ContextCDBG-funded programs are generally targeted to low- and moderate-income persons, households, or qualifying areas. Because Fountain Hills does not have the same concentration of low- and moderate-income areas as some other parts of the County, the Town is less likely to qualify for larger area-based municipal infrastructure projects, such as street, sidewalk, water, sewer, ADA accessibility, lighting, or other public facility improvements, unless the specific service area for the project satisfies applicable CDBG eligibility requirements.For context, Maricopa County’s CDBG Program has supported or proposed similar types of improvements in other Urban County communities, including roadway improvements, curb and gutter repairs, ADA sidewalk ramp improvements, sewer service line replacement, waterline replacement, neighborhood lighting improvements, fire safety equipment, public service programs, emergency shelter services, and owner-occupied housing rehabilitation. These examples illustrate the range of eligible CDBG uses in qualifying communities and service areas, but they should not be interpreted as an expectation that Fountain Hills would qualify for similar municipal infrastructure funding.For Fountain Hills, the more practical benefit of continued participation may be preserving eligibility for qualifying individual residents located throughout the community. One example is Maricopa County’s Emergency Home Repair Program, which assists eligible low-to moderate-income homeowners with urgent health and safety repairs. Based on information provided by County staff, Fountain Hills residents who have used this program have typically received assistance with HVAC-related repairs or replacements. The program is income-qualified and subject to eligibility requirements, including household income and asset limitations, so relatively few Fountain Hills residents are expected to qualify. However, County staff has verbally advised Town staff that approximately six Fountain Hills residents over the past six years, or roughly one resident per year, have been able to use the Emergency Home Repair Program because the Town participated in the Urban County CDBG Program. County staff indicated those residents would not have been eligible if the Town were not participating in the program.Continued participation may also provide flexibility in unusual or emergency circumstances. During the COVID-19 pandemic, qualifying Fountain Hills residents were able to apply for and receive County-administered rental and utility assistance through COVID-related funding. Continued participation helps maintain the Town’s inclusion in the County-administered framework so that eligible residents may access similar assistance programs if funding and program criteria allow in the future.For these reasons, staff recommends continued participation. The agreement has no direct fiscal impact to the Town, maintains eligibility for potential future CDBG-related opportunities, and may help qualifying residents access County-administered assistance programs, including emergency assistance programs when available.

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Regular Agenda

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DISCUSSION AND POSSIBLE DIRECTION: Relating to E-bikes and E-Moto regulations
The Town Council directed staff to evaluate potential regulations regarding electric bicycles (e-bikes), electric standup scooters, and electric motorcycles or similar high-powered electric vehicles operating within Town parks, pathways, sidewalks, trails, roadways, bike lanes, and other public areas. As the popularity of these devices continues to increase, residents have expressed concerns regarding safety, speed, conflicts with pedestrians, roadway behavior, and the use of high-powered electric motorcycles in public recreational areas.Arizona law establishes a three-class e-bike system and generally grants e-bike riders the same rights and responsibilities as traditional bicyclists. A qualifying e-bike must have fully operable pedals and an electric motor of less than 750 watts. Class 1 e-bikes provide pedal assistance up to 20 mph, Class 2 e-bikes may be throttle-assisted up to 20 mph, and Class 3 e-bikes provide pedal assistance up to 28 mph. Arizona law also provides that qualifying e-bikes are not subject to title, registration, vehicle license tax, driver license, or vehicle insurance requirements.For roadway use, e-bike riders are generally subject to the same rules applicable to bicyclists. This means e-bike operators must comply with applicable traffic laws, traffic-control devices, roadway direction of travel, right-of-way rules, lighting and equipment requirements, and safe riding practices. E-bikes may be operated on public roadways and in bicycle lanes where bicycles are permitted, subject to state law and any lawful local regulations adopted by the Town.Arizona law allows Class 1 and Class 2 e-bikes on bicycle and multi-use paths unless prohibited by the local jurisdiction with authority over the path. Class 3 e-bikes are prohibited from bicycle or multi-use paths unless the path is within or adjacent to a highway or roadway, or unless the local authority specifically allows their operation. Local governments also have authority to regulate e-bike access and use on paths, trails, and other Town-controlled public property.In addition to parks and trails, Council may consider whether local regulations should address e-bike use in other public areas, including sidewalks, pedestrian areas, plazas, parking lots, public facilities, and other Town-owned or Town-maintained spaces. These regulations could include restrictions based on location, speed, rider age, device type, or pedestrian safety considerations.Staff reviewed regulations adopted by neighboring communities, including Phoenix, Scottsdale, Glendale, Mesa, and Gilbert. These communities utilize varying approaches ranging from adherence to state law to more comprehensive regulations that address rider age, permitted locations, equipment requirements, speed, rider behavior, sidewalk use, and enforcement mechanisms.The presentation outlines several policy options for Council consideration, including: Following Arizona law without additional local regulations. Establishing separate rules for roadways, bike lanes, shared-use paths, sidewalks, parks, and natural-surface trails. Clarifying where Class 1, Class 2, and Class 3 e-bikes are permitted within Town-controlled public areas. Regulating or restricting e-bike use on sidewalks, pedestrian areas, public plazas, parking lots, and other high-conflict public spaces. Implementing minimum age requirements for e-bike operators, particularly for Class 3 e-bikes or other higher-speed devices. Combining age restrictions with location-based regulations. Establishing speed or “reasonable and prudent” operation standards in areas where pedestrians, children, pets, or other users are likely to be present. Prohibiting all e-bikes within Town parks, or alternatively allowing only certain classes of e-bikes in designated areas. Prohibiting electric motorcycles, electric dirt bikes, and similar high-powered devices from Town parks, sidewalks, shared-use paths, trails, and other non-roadway public areas.Under all options, electric motorcycles and similar vehicles, including Sur-Rons, Talarias, and comparable electric dirt bikes, would continue to be treated differently from qualifying e-bikes if they do not meet the statutory definition of an electric bicycle. These devices may only operate on public roadways if they comply with applicable motor vehicle laws, including any required title, registration, equipment, insurance, and operator licensing requirements. They would not be permitted within parks, sidewalks, shared-use paths, or trails unless otherwise authorized by applicable law.The purpose of this discussion is to provide Council with information regarding current state law, regional regulatory practices, and available policy options so that direction may be provided regarding future e-bike, e-scooter, and electric motorcycle regulations within the Town

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PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance 26-11, amending Zoning Ordinance Chapter 6, Sign Regulations, Section 6.08 A. 6. Drive-Through Sign, to increase the allowed size of these signs.
Chapter 6 of the Zoning Ordinance sets the standards and regulations for signs.  Sign regulations are based on time, place, and manner provisions and cannot be based on content.Section 6.08 provides the standards and allowances for each type of sign allowed in Fountain Hills. One of the sign types is Drive-through Sign.  Based on some recent inquiries regarding the provisions for this sign type, staff have looked at the need to recommend some changes.A major update was made to the sign ordinance in 2021 to bring it into conformance with the US Supreme Court Decision in Reed v. Town of Gilbert to make such ordinance content neutral.  The Town sign ordinance prior to that update had the limitation on menu board signs at 5' tall and 20 sq. ft.  That same standard was continued in the revised ordinance for drive-through signs.Cities and towns use different approaches and language to describe sign types.  Two cities that also specifically list drive-through signs in their sign ordinance are Gilbert and Scottsdale.  The Town of Gilbert zoning ordinance states drive-through signs can be 7' tall and up to 50 sq. ft., the City of Scottsdale also allows these signs to be 7' tall but limits the size to 45 sq. ft.An internet search of standard drive-through menu board sizes provided the following common sizes:Small (Coffee Shops): 3' - 4' width, 2' - 3' height (6 - 12 sq. ft.)Medium (Fast Food): 4' - 6' width, 3' - 4' height (12 - 24 sq. ft.)Large (Full-Service QSRs): 6' - 8'" width, 4' - 5' height (24 - 40 sq. ft.)Digital Menu Boards: The best visibility is obtained with dimensions between 55" and 75" giving customers a clear view of the board from a distanceAn increase in the allowed sign area to 30 sq. ft. and a maximum height of seven feet would be in keeping with industry standards.

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CONSIDERATION AND POSSIBLE ACTION Regarding the Professional Services Agreement 2027-02 with BIO-Janitorial Services, Inc. for Town-Wide Janitorial Services.
The Town’s current contracts for janitorial services have reached their term limits, with no additional renewal options available. To ensure continuity of these essential services and to consolidate janitorial service needs under a more efficient contracting structure, the Town published Request for Proposals (RFP) 2026-001 for Town-Wide Janitorial Services.On February 12, 2026, the Town of Fountain Hills released the RFP seeking qualified firms to provide professional janitorial and custodial services for Town facilities. The RFP was publicly advertised in the Arizona Business Gazette on February 12 and February 19, 2026, in accordance with the Town’s Procurement Code. A non-mandatory pre-submittal conference was held on March 12, 2026, and proposals were due on March 26, 2026.The work includes cleaning services at Town Hall/Sheriff’s Office, the Community Center, Library, Town parks, and trailhead restroom locations. The overall scope encompasses approximately 59,000 square feet of Town facilities. All cleaning supplies will be provided by the Town.The primary purpose of the agreement is to address Town-wide janitorial service needs and scheduled carpet cleaning at Town facilities. Specific enhancements included in the scope of work include:Increased service levels at the Community Center, including expanded event and program cleaning support; programmed carpet cleaning services across all Town Hall campus buildings; and Porter duties and special cleaning services as directed by Town staff representatives. These service enhancements are necessary to maintain facility standards in response to increased community use, expanded programming, and ongoing facility maintenance requirements.A total of sixteen (16) janitorial service companies submitted proposals in response to the RFP. An internal evaluation committee consisting of staff from the Administration, Public Works, and Community Services Departments conducted a comprehensive review of the proposals based on qualifications, experience, service capabilities, responsiveness, and overall value to the Town.Following the evaluation process, staff selected BIO-Janitorial Services, Inc. as the highest-ranked and best-qualified firm to provide the requested services. The focus of the RFP was to secure a qualified vendor capable of delivering a broad range of custodial and facility management services across the Town’s diverse facilities. The Town’s objective was to enter into a long-term agreement with a company able to substantially improve cleanliness, service quality, operational efficiency, and responsiveness while maintaining cost-effective service delivery. The proposed agreement in the amount not to exceed $150,000 per term also includes provisions for porter duties during special events and additional special cleaning services, billed at pre-established rates established within the agreement.Funding for janitorial services is included within the approved operating budgets of the applicable departments and facilities utilizing these services. Future funding for the agreement will be subject to annual budget appropriations approved by the Town Council. The agreement provides predictable service costs while consolidating multiple janitorial service needs under a single contract structure for improved administrative efficiency. Staff believes BIO-Janitorial Services, Inc. possesses the experience, staffing resources, and operational capabilities necessary to successfully provide comprehensive janitorial services for Town facilities.

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CONSIDERATION AND POSSIBLE ACTION: Regarding the purchase of a (Ditch Witch) vacuum excavator from The Charles Machine Works, Inc., through Sourcewell Master Agreement No. 091125.
In June 2018, Town Council approved the purchase of a vacuum excavator to support utility locating, street sign installation, and other maintenance activities. The unit was specified based on staffing levels, operational demands, and workload requirements at that time.The current vacuum excavator is one of the smallest units available, with a debris tank capacity of approximately 100 gallons. Since its acquisition, the workload and operational demands placed on the equipment have increased substantially. The unit is currently utilized by multiple divisions, including Streets, Parks, and Facilities, resulting in reduced operational efficiency, limited capacity, and frequent trips to the Street Yard for disposal of excavated materials.While the existing unit remains operational, staff has determined that its size and capacity are better suited for Parks and irrigation maintenance activities. Upon acquisition of a larger replacement unit, the existing vacuum excavator will be reassigned to the Parks Division where it can continue to provide value while meeting operational needs more effectively. Rather than surplus the existing unit, staff recommends retaining the asset and assigning it to the Parks Division, where it will continue to support irrigation maintenance and landscape operations.The Public Works Department requires a larger, heavy-duty vacuum excavator to safely expose underground utilities (potholing) and perform soft-dig excavations associated with street sign installations, irrigation repairs, utility maintenance, and other public infrastructure projects.Vacuum excavation technology significantly reduces the risk of damaging underground utilities when compared to conventional excavation methods. The equipment utilizes pressurized water and high-capacity vacuum systems to safely expose buried infrastructure while minimizing restoration costs, service interruptions, and worker safety risks. The use of non-destructive excavation methods is consistent with industry best practices and utility damage prevention standards.In addition to utility locating and soft-dig operations, the proposed unit will serve a dual purpose by supporting catch basin cleaning, pothole maintenance activities, and stormwater system maintenance. The increased debris tank capacity and enhanced vacuum performance will improve operational efficiency, reduce travel time associated with material disposal, and allow staff to complete projects more quickly and effectively.Staff solicited pricing through the Sourcewell Cooperative Purchasing Program utilizing Sourcewell Master Agreement No. 091125. Cooperative purchasing contracts are competitively solicited and awarded through a nationally recognized procurement process that satisfies Arizona procurement requirements.Utilizing the Sourcewell contract allows the Town to leverage nationally negotiated pricing while avoiding the time and expense associated with conducting a separate formal solicitation. Staff estimates that utilizing the cooperative purchasing agreement will save several months in procurement time and administrative costs while ensuring the Town receives competitively priced equipment through a publicly solicited and awarded contract.The proposed purchase from The Charles Machine Works, Inc. (Ditch Witch) is in an amount not to exceed $148,850.43.The purchase will be funded using available FY 2026 Street Fund savings generated through value engineering initiatives, staff-performed work originally planned for contractors, and other departmental cost-control measures. No additional appropriations are requested.The use of these savings demonstrates the Public Works Department's commitment to fiscal stewardship by reinvesting operational efficiencies into equipment that will improve service delivery, reduce future operating costs, and increase productivity across multiple departments.The purchase of a larger vacuum excavator will improve operational efficiency, enhance worker safety, reduce the risk of utility strikes, and expand the Town's ability to perform critical maintenance and construction activities in-house. Reassigning the existing unit to the Parks Division will maximize the value of the Town's existing assets while ensuring each department has equipment appropriately sized for its operational needs.Funding the purchase through FY 2026 Street Fund savings allows the Town to address a critical equipment need without requesting additional budget appropriations while continuing to provide efficient and cost-effective services to the community.

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CONSIDERATION AND POSSIBLE ACTION: Related to any item included in the Arizona Cities and ​Town's Weekly Legislative Bulletin or relating to ​any action proposed or pending before the State ​Legislature.

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Call to the Public
Pursuant to A.R.S. §38-431.01, or as prescribed by state law.

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Council Discussion/Direction to the Town Manager
Members of the Council may (1) request the Town Manager follow-up on matters raised at that meeting; (2) request one two-minute response to directed criticism raised any portion of the meeting; (3) a consensus of the Council may request the Town Manager to research a matter and report back to the Council.

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Future Agenda Items

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Adjournment

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