HomeMy WebLinkAbout2020.1020.TCRM.Packet
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Mike Scharnow
Councilmember Dennis Brown
Councilmember Gerry Friedel
Councilmember Alan Magazine
Councilmember David Spelich
Councilmember Art Tolis
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, OCTOBER 20, 2020
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may
be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents
pursuant to A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back
of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible.
Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous
minutes to address the Council. Verbal comments should be directed through the Presiding Officer
and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment
card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and
agenda item, and hand it to the Town Clerk prior to discussion, if possible.
REGULAR MEETING
REGULAR MEETING
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.INVOCATION - Pastor Rick Ponzo, Calvary Chapel Fountain Hills
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.A PROCLAMATION declaring October 19-23, 2020, as Arizona Cities and Towns Week.
B.A PROCLAMATION declaring November 11, 2020, as Veterans Day.
C.Recognition of Outgoing Board and Commission members.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION OF Purple Heart flag to the Town of Fountain Hills by Phil Yin, Sr. Vice
Commander of the Military Order of the Purple Heart Chapter 2560.
B.PRESENTATION OF update by representatives of the Fountain at 50 Committee.
C.PRESENTATION OF monthly update by MCSO Captain Kratzer.
D.PRESENTATION OF First Quarter FY21 Revenue Update
6.CALL TO THE PUBLIC
Town Council Regular Meeting of October 20, 2020 2 of 5
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of
the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter,
or (iii) ask that the matter be placed on a future Council agenda.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
A.CONSIDERATION OF approving the meeting minutes of the Special Meeting of September
8, 2020; and the Special Meeting of September 28, 2020.
B.CONSIDERATION OF adopting Resolution 2020-38, abandoning the 10' Public Utility and
Drainage Easement at the rear of Plat 603-B, Block 1, Lot 24 (12636 Sumac Drive) as
recorded in Book 161, page 41, records of Maricopa County, Arizona; with stipulation. (EA
2020-07)
C.CONSIDERATION OF adopting Resolution 2020-39, abandoning the 10' Public Utility and
Drainage Easement at the rear of Plat 505-B, Block 1, Lot 22 (15809 Kipling Dr.), as recorded
in Book 158, page 43, records of Maricopa County, Arizona, with stipulation. (EA 2020-08)
D.CONSIDERATION OF adopting Resolution 2020-40, abandoning a portion of the 10' Public
Utility and Drainage Easement at the rear of Plat 506-A, Block 2, Lot 33 (15213 E. Shoot Out
Plaza), as recorded in Book 159, page 30, records of Maricopa County Arizona.
Town Council Regular Meeting of October 20, 2020 3 of 5
8.REGULAR AGENDA
A.CONSIDERATION OF appointments to the Board of Adjustment, Community Services
Advisory Commission, McDowell Mountain Preservation Commission, Planning and Zoning
Commission, Sister Cities Advisory Commission, and the Strategic Planning Advisory
Commission.
B.HOLD A PUBLIC HEARING AND CONSIDER ORDINANCE 20-21 amending Chapter 12,
Commercial Zoning Districts, Sections 12.02 B, 12.02 C, and 12.02 D, by adjusting
provisions to allow indoor vehicle sales in the C-C, C-2, and C-3 Districts.
Case #Z2020-08
C.PUBLIC HEARING AND CONSIDERATION OF Ordinance 20-22 amending Zoning
Ordinance Section 6.07 G. 2. by changing the calculation used for the size of signs
consisting of individual letters and/or logos and Section 6.08 W. 1. regarding the allowable
sign area for wall signs. (Case #2020-09)
D.CONSIDERATION OF Ordinance 20-25 amending the Fountain Hills Town Code by adopting
a new Article II (Recreational Marijuana), in Chapter 11 (Offenses); establishing a purpose;
setting forth definitions; prohibiting marijuana on public property; prohibiting marijuana
establishments and marijuana testing facilities; enacting reasonable regulations for
marijuana cultivation on residential property; setting forth violations; providing for
enforcement and penalties; and setting a conditional effective date.
E.CONSIDERATION OF amending Christmas Light Decorators contract in an amount not to
exceed $15,000.
F.CONSIDERATION OF approving the fifth (5th) amendment to Professional Services
Agreement C2017-083 in the amount of $16,701.64 with the CK Group, Inc. for
engineering design services.
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
10.ADJOURNMENT
Town Council Regular Meeting of October 20, 2020 4 of 5
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this ______ day of ____________________, 2020.
_____________________________________________
Elizabeth A. Burke, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available
for review in the Clerk's Office.
Town Council Regular Meeting of October 20, 2020 5 of 5
ITEM 4. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): A PROCLAMATION
declaring October 19-23, 2020, as Arizona Cities and Towns Week.
Staff Summary (Background)
Mayor Dickey will be proclaiming October 19-23, 2020, as Arizona Cities and Towns Week. Arizona
Cities & Towns Week is celebrating its 18th year and was established to recognize the importance of
Arizona cities and towns in delivering programs and services to ensure safety, protection, well-being,
convenience and enrichment for all citizens to live, work and play in their communities. In addition,
Arizona Cities and Towns Week recognizes our municipal employees, volunteers and elected officials
who continually work to make sure these services are delivered seamlessly.
Attachments
Proclamation - Arizona Cities and Towns Week
Form Review
Inbox Reviewed By Date
Finance Director David Pock 09/24/2020 05:42 PM
Town Attorney Aaron D. Arnson 09/24/2020 07:27 PM
Town Manager Grady E. Miller 09/24/2020 10:17 PM
Form Started By: Angela Padgett-Espiritu Started On: 09/24/2020 02:26 PM
Final Approval Date: 09/25/2020
ITEM 4. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): A PROCLAMATION
declaring November 11, 2020, as Veterans Day.
Staff Summary (Background)
Veterans Day is a federal holiday observed annually on November 11, for honoring military veterans. On
November 11, 1919, President Woodrow Wilson issued a message on the first Armistice Day one year
after the conclusion of World War I. Then Congress adopted a resolution on June 4, 1926, requesting
that President Calvin Coolidge issue annual proclamations calling for the observance of November 11
with appropriate ceremonies. A Congressional Act (52 Stat. 351; 5 U.S. Code, Sec. 87a) made November
11 a legal holiday: "a day to be dedicated to the cause of world peace and to be thereafter celebrated
and known as 'Armistice Day.’ Congress amended the law on June 1, 1954, renaming the holiday from
Armistice Day to Veterans Day with November 11 designated as Veterans Day.
To honor and recognize our military veterans, Mayor Ginny Dickey will be issuing a proclamation
declaring November 11, 2020, as Veterans Day.
Attachments
Proclamation - Veterans Day
Form Review
Inbox Reviewed By Date
Finance Director David Pock 09/24/2020 05:42 PM
Town Attorney Aaron D. Arnson 09/24/2020 07:28 PM
Town Manager Grady E. Miller 09/24/2020 10:46 PM
Form Started By: Angela Padgett-Espiritu Started On: 09/24/2020 02:30 PM
Final Approval Date: 09/25/2020
ITEM 5. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Public Appearances/Presentations Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PRESENTATION OF First
Quarter FY21 Revenue Update
Staff Summary (Background)
Staff will provide a summary of TPT and State shared revenue as of the fiscal quarter ended 9/30/2020.
The presentation will include summarized and detailed collection information for local TPT and State
shared revenue sources, as well as comparisons of budgeted and actual amounts for the fiscal quarter.
Attachments
Presentation - FY21Q1
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 10/07/2020
Town Attorney Aaron D. Arnson 10/07/2020 08:04 AM
Town Manager Grady E. Miller 10/08/2020 05:58 PM
Form Started By: David Pock Started On: 09/14/2020 05:53 PM
Final Approval Date: 10/08/2020
www.fh.az.gov
First Quarter Revenue Update
Grady Miller, Town Manager
David Pock, Finance Director
October 20, 2020
www.fh.az.gov
First Quarter Revenue Update
Summary
•Revenue collection for the 1st quarter is
encouraging and exceeded budgeted expectations by $825K
•Most TPT categories are outperforming last year
•State shared revenues are down slightly but still
within acceptable range
•Staff remains optimistic that collections will
continue to strengthen as economic uncertainty
related to COVID-19 and the election decreases
www.fh.az.gov
First Quarter Revenue Update
Net Taxable Activity
$0
$10
$20
$30
$40
$50
$60
$70
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Mi
l
l
i
o
n
s
Net Taxable Activity by Fiscal Year & Period
2018 2019 2020 2021
•$125M in activity
•Increase of $22M
compared to FY20
www.fh.az.gov
First Quarter Revenue Update
Total TPT Collections
$-
$200
$400
$600
$800
$1,000
$1,200
$1,400
$1,600
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 2 3 4 5 6 7 8 9 10 11 12
Th
o
u
s
a
n
d
s
TPT Collections by Fiscal Year & Period
All Categories
2018 2019 2020 2021
•Budgeted $2.65M
•Collected $3.43M
•$780K more than
expected
•Increase of $860K
compared to FY20
•$340K due to
0.3% increase
www.fh.az.gov
First Quarter Revenue Update
Retail Sales
$-
$100
$200
$300
$400
$500
$600
$700
$800
$900
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 2 3 4 5 6 7 8 9 10 11 12
Th
o
u
s
a
n
d
s
TPT Collections by Fiscal Year & Period
Wholesale/Retail
2018 2019 2020 2021
•Includes Use Tax
& Online Sales
•Budgeted $1.33M
•Collected $1.88M
•$545K more than
expected
•Increase of $655K
compared to FY20
www.fh.az.gov
First Quarter Revenue Update
Construction
$-
$50
$100
$150
$200
$250
$300
$350
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 2 3 4 5 6 7 8 9 10 11 12
Th
o
u
s
a
n
d
s
TPT Collections by Fiscal Year & Period
Construction
2018 2019 2020 2021
•Includes Prime
Contracting and
Speculative
Builders
•Budgeted $380K
•Collected $505K
•$125K more than
expected
•Increase of $120K
compared to FY20
www.fh.az.gov
First Quarter Revenue Update
Utilities & Communications
$-
$20
$40
$60
$80
$100
$120
$140
$160
$180
$200
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 2 3 4 5 6 7 8 9 10 11 12
Th
o
u
s
a
n
d
s
TPT Collections by Fiscal Year & Period
Transportation/Communications/Utilities
2018 2019 2020 2021
•Includes Water,
Sewer, Electricity,
Cable, Natural
Gas, Phones, and
Internet Services
•Budgeted $300K
•Collected $485K
•$185K more than
expected
•Increase of $83K
compared to FY20
www.fh.az.gov
First Quarter Revenue Update
Real Estate
$-
$20
$40
$60
$80
$100
$120
$140
$160
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 2 3 4 5 6 7 8 9 10 11 12
Th
o
u
s
a
n
d
s
TPT Collections by Fiscal Year & Period
Real Estate
2018 2019 2020 2021
•Includes Long-
term Residential
and Commercial
rentals
•Budgeted $170K
•Collected $210K
•$40K more than
expected
•Increase of $10K
compared to FY20
www.fh.az.gov
First Quarter Revenue Update
Restaurants & Bars
$-
$20
$40
$60
$80
$100
$120
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 2 3 4 5 6 7 8 9 10 11 12
Th
o
u
s
a
n
d
s
TPT Collections by Fiscal Year & Period
Restaurants & Bars
2018 2019 2020 2021
•Includes local
Restaurants (drive
thru, sit-down,
and delivery) and
Bars
•Budgeted $220K
•Collected $185K
•$35K less than
expected
•No change
compared to FY20
www.fh.az.gov
First Quarter Revenue Update
Services
$-
$50
$100
$150
$200
$250
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 2 3 4 5 6 7 8 9 10 11 12
Th
o
u
s
a
n
d
s
TPT Collections by Fiscal Year & Period
Services
2018 2019 2020 2021
•Includes Hotels,
Golf, Tours, and
Vacation Rentals
•Budgeted $250K
•Collected $170K
•$80K less than
expected
•Increase of $21K
compared to FY20
www.fh.az.gov
First Quarter Revenue Update
State Shared Revenue
$350
$325
$300
$275
$250
$225
$200
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Th
o
u
s
a
n
d
s
State Shared Revenue -Income Tax
2018 2019 2020 2021
•Budgeted $705K
•Collected $650K
•Budgeted $905K
•Collected $900K
$300
$250
$200
$150
$100
$50
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Th
o
u
s
a
n
d
s
State Shared Revenue -Sales Tax
2018 2019 2020 2021
www.fh.az.gov
First Quarter Revenue Update
State Shared Revenue –Con’t.
•Budgeted $290K
•Collected $330K
•Budgeted $440K
•Collected $425K
$150
$125
$100
$75
$50
$25
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Th
o
u
s
a
n
d
s
State Shared Revenue -Vehicle License Tax
2018 2019 2020 2021
$350
$300
$250
$200
$150
$100
$50
Jul
1
Aug
2
Sep
3
Oct
4
Nov
5
Dec
6
Jan
7
Feb
8
Mar
9
Apr
10
May
11
Jun
12
Th
o
u
s
a
n
d
s
Highway User Revenue Fund (HURF)
2018 2019 2020 2021
www.fh.az.gov
Questions
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
the meeting minutes of the Special Meeting of September 8, 2020; and the Special Meeting of
September 28, 2020.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Special Meeting of September 8, 2020, and the Special
Meeting of September 28, 2020.
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of September 8, 2020, and the Special Meeting of
September 28, 2020.
Attachments
2020.0908.TCSM.Minutes
2020.0908.TCSM.Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 10/14/2020 07:54 AM
Form Started By: Elizabeth A. Burke Started On: 10/13/2020 03:08 PM
Final Approval Date: 10/14/2020
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 8, 2020
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called the Special Meeting of the Fountain Hills Town Council held September 8,
2020, to order at 5:32 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Councilmember Art Tolis; Councilmember Dennis Brown;
Councilmember Alan Magazine; Councilmember David Spelich
Absent: Vice Mayor Mike Scharnow
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth
A. Burke; Public Works Director Justin Weldy (telephonically)
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan Magazine to
recess into Executive Session.
Vote: 5 - 0 Passed - Unanimously
4.EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 5:32 p.m.
With Mr. Weldy on the telephone, the Town Council discussed Item 4.B.i first.
A.Discussion or consideration of employment, assignment, appointment, promotion, demotion,
dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any
public body, except that, with the exception of salary discussions, an officer, appointee or
employee may demand that the discussion or consideration occur at a public meeting. The public
body shall provide the officer, appointee or employee with written notice of the executive session
as is appropriate but not less than twenty-four hours for the officer, appointee or employee to
determine whether the discussion or consideration should occur at a public meeting, pursuant to
A.R.S. §38-431.03(A)(1).
i.Town Council Vacancy
B.Discussion or consultation for legal advice with the attorney or attorneys of the public body,
pursuant to A.R.S. §38-431.03(A)(3).
i.La Montana/Avenue of the Fountains Roundabout
5.ADJOURNMENT
The Town Council reconvened into Open Session at 6:26 p.m. at which time the Special Meeting
of September 8, 2020, adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Burke, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 8th day of
September, 2020. I further certify that the meeting was duly called and that a quorum was present.
DATED this 20th day of October, 2020.
_________________________________
Elizabeth A. Burke, Town Clerk
Town Council Special Meeting of September 8, 2020 2 of 2
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 28, 2020
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the meeting to order at 5:30 p.m. and led the Council and audience in the
Pledge of Allegiance.
She said that over the past month they have lost two community members, past
councilmembers Mike Archambault and Ed Kehe, who both served the community for many
years. She expressed their thoughts and sympathy to the respective families.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Gerry Friedel;
Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan
Magazine; Councilmember David Spelich
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Burke
3.CONSIDERATION OF a special event permit for the Fountain Fair (Nov. 13-15) organized by the
Fountain Hills Chamber of Commerce.
Betsy LaVoie, Director of the Fountain Hills Chamber of Commerce, gave a PowerPoint
presentation on the special event license application for the Fountain Fair. It addressed:
OTHER COMMUNITIES
PUBLIC HEALTH SAFETY PLAN
Councilmember Brown said that on October 6, 2020, the County Supervisors will be looking at
the COVID-19 issue one more time, and he asked if the Chamber would be consistent with their
guidelines. Ms. LaVoie replied that they would.
Ms. LaVoie said that they typically have 450 vendors, and currently have 315. They have
another 120 waiting to hear about the safety plan and if the application is approved.
She said that typically they have 12 security personnel hired to roam throughout the event. This
time, they will have 25 roaming and at the signage points. She said that they could have
additional personnel if needed. Vice Mayor Scharnow recommended that they have at least one
stationary personnel. Ms LaVoie said that with the additional personnel, that would not be a
problem.
Vice Mayor Scharnow asked what would happen if it was approved tonight, but then the
COVID-19 numbers skyrocked. Mr. Miller said that canceling would not be done in a vacuum.
They would have the Mayor, Town Manager and staff get with the Chamber.
Ms. LaVoie said that when they released the applications, it stated that if the local government
had to cancel the event, they would get 100% of their money back.
Councilmember Magazine said that it was an outstanding presentation and she had clearly
thought it through. He said that he did have a few concerns, such as how vendors are going to
be able to keep their booths wiped down and sanitized. And, it states that they would have ten
or less people in the tents. Most of the tents are 10 x 10. He asked how this could be enforced.
Ms. LaVoie said that the booths are 11 x 14; most of the booths handle 3-4 people max. They
put a "no more than" maximum because some exhibitors buy more than one. She said that the
artists they have heard from are desperate to have the opportunity. For some, it is their sole
income.
Councilmember Friedel said that he has worked the Chamber booth in the past and prior to
COVID, they had sanitation stations. Ms. LaVoie said that they will make sure to increase their
sanitation stations, including the information booth. She said that they will not have the long
lines as in the past because vendors will not be checking in theree.
Councilmember Friedel asked how many face masks they were starting out with. Ms. LaVoie
said that for their event in June they purchased 100 and gave away 3. She said that they will
have thousands of masks available.
Councilmember Friedel asked if any of the costs are going to fall back on the Town of Fountain
Hills. Ms. LaVoie replied that they would not.
The following individuals then addressed the Council:
Dr. Michael Isenberg, Fountain Hills resident, said that he sent a letter to the Council and he
wanted to emphasize that things are not as rosy as the government makes them out to be.
Maricopa County's rate of cases is 55% higher than the national rate. He said it comes down to
the fact that none of the plan is enforceable.
William Hinz, Chairman of the Chamber Board, said that they have had a rough year. They took
a very hard look at all of their events. Some were canceled, some were modified, and some are
trying to be saved. They are concerned with everyone's health, but they are also concerned
about the business viability of the Town. He said that Betsy and her team have worked
countless hours on this issue.
Councilmember Spelich said that he has received e-mails from residents, one comparing this to
Sturgis who out of 490,000 participants had 290,000 infected. He said that the actual number
infected was between 177 and 193. He also received an e-mail stating that he must be pleased
since he was on the payroll of the Chamber. He said that there is no harsher critic of the
Chamber than he.
He said that he is trying to make an informed decision that helps the businesses. He believes
that people are grown adults. They can tell them what to do, but it is an outdoor event. They
should stay home if they are concerned. He said that he did also receive some positive e-mails,
some of which were from business owners.
He said that the plan mentioned street stickers and chalk paint. He clarified that the Chamber
would be responsible for removing those. Ms. LaVioe replied absolutely.
Councilmember Friedel said that he did some checking himself. Several other communities are
holding events, such as Cave Creek, Litchfield Park, Scottsdale (not definitive, but good
probability), Tempe, etc. He said that he also spoke with a doctor and asked his thoughts on the
Town Council Special Meeting of September 28, 2020 2 of 5
event. He said that this doctor said that with the fair being outside, it will greatly minimize
exposure and proper protocol.
Mayor Dickey said that she was just in contact with a coach and their entire football season is
going to stop. There has to be a balance. Today they were at 4% of the spread. The rule is to
be under 4% for two weeks, and last Sunday it was 5%.
She said that they all know someone that sees this differently. There are other events being
talked about as a Town. She said that the other events they consider if it is outdoor, the size,
time, level of control, etc.
Councilmember Magazine said that it does not make any difference to him what others are
doing. He is sworn to protect the people of Fountain Hills. This is not an easy one; he does not
blame anyone. He did a post on Facebook and it was 20:1 against holding the fair. He said that
he does not like the situation they have been dealt. It is hurting everyone--businesses, school
children, etc. He received an e-mail saying that he was being selfish. If wanting to protect the
common good is selfish, then he is guilty as charged. In Town, the average age is 59; more
than half of those getting the virus are over 60.
He said that he admires what Betsy and her staff have done. If he thought they could solve the
problem, then he would be participating himself as a vendor. He said that they held a hearlng
on whether or not to require masks and all hell broke loose, saying they were taking away their
Constitutional rights. The idea that they are going to be able to enforce this is misleading.
Ms. LaVoie said that her staff went through all 981 comments on 10 different Facebook posts,
and on 5 different platforms. They put all of that information together and had 17% in favor,
11% no, and 73% were arguments, memes, etc. that did not address the issue one way or the
other.
Councilmember Tolis said that he also posted 4 comments on Fountain Hills Connection and
out of all they had 76 wanting to have the fair and 31 saying no. Some of the comments
included: "there are snowbirds coming from different states, visiting the grocery stores, events,
public forums, interacting with others. It is not isolated; they need to accept this as a reality.
The virus is not going away."
He suggested that they consider expanding the footprint, using some of the space in the park.
He said that this is a virus that has numbers comparable to some of the high-flu seasons. It is
not something that if they get the virus they have a death sentence.
Councilmember Tolis said that he believes that a lot of the community events should go on. He
is not going to pull back anyone's freedoms. Businesses in town are suffering. He is not the only
one noticing the tremendous vacancies. He said that he thought that the Chamber did a
fantastic job; they have gone above and beyond. He said that he understood that it is was Ms.
LaVoie and Town staff's decision to not move forward with the beer garden. He does not think
that was appropriate. It should have been brought before the Council.
MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown to
approve the Special Use Permit, but also allow the CEO and Board of the Chamber to come up
with provisions, if they believe it is possible to have entertainment and a beer garden, and move
forward and make it as safe and successful as possible.
Mayor Dickey said that Maricopa County is not issuing liquor permits at this time.
Town Council Special Meeting of September 28, 2020 3 of 5
Mayor Dickey said that Maricopa County is not issuing liquor permits at this time.
Councilmember Brown said that he is fairly close with the VFW and this beer garden is the only
large money maker they have for their entire budget. He agreed that if they can figure out how
to have 200,000 people come and keep them going in the same direction, it could work, and
that if they work it out with the county, space it apart using more property around the fountain.
Councilmember Magazine asked Ms. LaVoie what the plan is to enforce the mask ordinance if
someone is not abiding by the law. Ms. LaVoie said that they will have 28 personnel and
MCSO. She said that it would not be the first time they have unruly attendees.
Councilmember Spelich clarified that the Town did not cancel the Halloween celebration and
Thanksgiving Day Parade; those are Chamber events. Ms. LaVoie said that the Halloween
celebration has been hosted for years by Sami's Fine Jewelry and that was her decision to
pivot and do a virtual event. With regard to the Parade, she said that it was a hard decision, but
the Chamber Board of Directors voted to cancel. It was not because of COVID-19, but people
were not participating in the parade. She said that one of their favorite entries over the year is
the Fountain Hills High School Marching Band, but they would be 1 of 65 entries not
participating. They had less than ten interested in participating this year. She said that most are
non-profits and they have not been meeting.
Mayor Dickey said based on the CDC guidelines that have been referenced, she is reluctant
and will not support it.
Ms. LaVoie said that the County is not issuing any liquor permits at this time. They have met
with them, but the Chamber is trying to find another avenue of income.
Councilmember Spelich said that it was his understanding that the Council would be overruled
if the County overruled them. Ms. LaVoie said that was correct.
Vice Mayor Scharnow asked if it would be permitted for an existing business to receive an
extension of premises for alcohol. Mr. Miller said that when the Town Council approved a
number of pandemic business assistance programs, one was the administrative approval for
extension of premises, but staff's understanding is that the Extension of Premises would be for
food only because the Liquor Board is not issuing any at this time.
Councilmember Tolis said that if they are complying with the rules and regulations, the Town
should not micromanage behavior.
Councilmember Magazine called for the question.
Vote: 4 - 3 Passed
NAY: Mayor Ginny Dickey
Vice Mayor Mike Scharnow
Councilmember Alan Magazine
Town Council Special Meeting of September 28, 2020 4 of 5
4.ADJOURNMENT
MOVED BY Councilmember Art Tolis, SECONDED BY Vice Mayor Mike Scharnow to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Special Meeting of the Fountain Hills Town Council held September 28, 2020, adjourned at
6:50 p.m .
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Burke, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 28th day of
September, 2020. I further certify that the meeting was duly called and that a quorum was present.
DATED this 20th day of October, 2020.
_________________________________
Elizabeth A. Burke, Town Clerk
Town Council Special Meeting of September 28, 2020 5 of 5
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: Randy Harrel, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting
Resolution 2020-38, abandoning the 10' Public Utility and Drainage Easement at the rear of Plat 603-B,
Block 1, Lot 24 (12636 Sumac Drive) as recorded in Book 161, page 41, records of Maricopa County,
Arizona; with stipulation. (EA 2020-07)
Staff Summary (Background)
Applicant: Peter Shambreskis
Owner: Same
Property Location: 12636 Sumac Drive
This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement at the rear
of Plat 603-B, Block 1, Lot 24 (12636 Sumac Drive).
The applicant has indicated that he wants to construct a wall within the existing easement area.
All public utilities have approved the abandonment of this easement.
Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general
interest in the easement. There is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that the owner of the lot is required to pass the developed flows
generated by the upstream lots across their property.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Resolution 2020-38,
SUGGESTED MOTION
MOVE to adopt Resolution 2020-38.
Attachments
Vicinity Map
Aerial Site Plan
Res 2020-38
Exhibit A
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 09/30/2020 03:31 PM
Town Clerk Elizabeth A. Burke 10/07/2020 02:42 PM
Development Services Director John Wesley 10/07/2020 02:49 PM
Town Attorney Aaron D. Arnson 10/13/2020 09:33 AM
Town Manager Grady E. Miller 10/14/2020 07:57 AM
Form Started By: Randy Harrel Started On: 09/17/2020 10:23 AM
Final Approval Date: 10/14/2020
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NORTH
SCALE: 1" = 3500'
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TOWN HALL
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2019 AERIAL
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ABANDON 10'
P.U.E. & D.E.
LOT 23
LOT 24
LOT 25
EA: 2020-07
LEGEND:
LOT 28
LOT 26
PROPOSED
10'X10' P.U.E.
RESOLUTION 2020-38
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE 10’
PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED AT
THE REAR PROPERTY LINE OF PLAT 603-B, BLOCK 1, LOT 24,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN BOOK 161, OF MAPS, PAGE 41
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way
within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easement, located at the rear property
line of Plat 603-B, Block 1, Lot 24 (12636 N Sumac Drive) Fountain Hills, as recorded the Office of
the County Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 41, are hereby
declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot
drainage runoff. The property owner is required to pass the developed flows generated by the
upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no
way attempts to affect the rights of any private party to oppose the abandonment or assert any right
resulting there from or existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 20th day
of October, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
RESOLUTION 2020-38 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
EXHIBIT "A"
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
LOT 24
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: Randy Harrel, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting
Resolution 2020-39, abandoning the 10' Public Utility and Drainage Easement at the rear of Plat 505-B,
Block 1, Lot 22 (15809 Kipling Dr.), as recorded in Book 158, page 43, records of Maricopa County,
Arizona, with stipulation. (EA 2020-08)
Staff Summary (Background)
Applicant: Joe Telles/ Morgan Taylor Homes
Owner: Heather Westgaard /Jason R. Hair
Property Location: 15809 E. Kipling Drive, Fountain Hills, AZ 85268
This is a proposal to abandon the pre-incorporation 20' Public Utility and Drainage Easement at the rear
of Plat 505-B, Block 1, Lot 22 (15809 E. Kipling Drive).
The applicants have indicated that they wish to place a 6' block wall within the existing easement area.
Because of the downhill slope at the rear property line, that block wall will likely need to be founded on
a short retaining wall.
All public utilities have approved the abandonment of this easement.
A house is currently under construction on this lot (BP 2020-16) by Morgan Taylor Homes, but does not
include any wall at the rear property line. (Presumably, the 6' block wall indicated by the applicant will
be constructed either as an addendum or as a separate building permit.)
Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general
interest in the easement. There is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that the owner of the lot is required to pass the developed flows
generated by the upstream lots across their property.
Hesperus Wash lies at the rear of this property. However, its delineated 100-year floodplain limit is
located well down the slope behind the lot, more than 25' away from this easement at its nearest point,
and so is not an issue regarding this abandonment. (Additionally, both adjacent rear masonry walls lie at
the rear property line, precluding the use of this easement area either for wash access or for wash
maintenance.)
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Resolution 2020-39.
SUGGESTED MOTION
MOVE to adopt Resolution 2020-39.
Attachments
Vicinity Map
Areial Photo Map
Res 2020-39
Exhibit A Map
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 10/09/2020 06:14 AM
Town Clerk Elizabeth A. Burke 10/12/2020 05:51 PM
Development Services Director John Wesley 10/13/2020 07:40 AM
Town Attorney Aaron D. Arnson 10/13/2020 09:35 AM
Town Manager Grady E. Miller 10/14/2020 07:56 AM
Form Started By: Randy Harrel Started On: 09/24/2020 04:49 PM
Final Approval Date: 10/14/2020
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NORTH
SCALE: 1" = 3500'
All that is A r i z o n a
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LOT 22
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LEGEND:
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PROPOSED
10'X10' P.U.E.
RESOLUTION 2020-39
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN THE 10’ PUBLIC UTILITY AND DRAINAGE EASEMENT
LOCATED AT THE REAR PROPERTY LINE OF PLAT 505-B, BLOCK 1, LOT
22, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN
BOOK 158 OF MAPS, PAGE 43
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within
any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easement, located at the rear property line
of Plat 505-B, Block 1, Lot 22 (15809 Kipling Drive) Fountain Hills, as recorded the Office of the County
Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 43, are hereby declared to be
abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff.
The property owner is required to pass the developed flows generated by the upstream lots across
their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the
purpose of removing any potential cloud on the title to said property and that the Town in no way
attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting
there from or existing previous to any action by the Town.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 20th day of
October, 2020
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
EXHIBIT "A"
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
LOT 22
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: Randy Harrel, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting
Resolution 2020-40, abandoning a portion of the 10' Public Utility and Drainage Easement at the rear of
Plat 506-A, Block 2, Lot 33 (15213 E. Shoot Out Plaza), as recorded in Book 159, page 30, records of
Maricopa County Arizona.
Staff Summary (Background)
Applicant: Jean Serrano
Owner: Jean T. Serrano as Trustee of the Jean T. Serrano Family Living Trust
Property Location: 15213 E. Shoot Out Plaza
This is a proposal to abandon a portion of the pre-incorporation 10' Public Utility and Drainage Easement
on Plat 506-A, Block 2, Lot 33.
The applicant had recently constructed a masonry wall, located partially within this easement, without a
building permit. Obtaining this Easement Abandonment is among Staff's requirements for obtaining a
building permit for that now-existing masonry wall.
All public utilities have approved abandonment of the full 10' PUE & DE on this lot. Except, the Fountain
Hills Sanitary District requires that the southeasterly 10' easement on this lot be retained for their
existing sanitary sewer located within that easement. So, this abandonment action is only for the
northeasterly 10' PUE & DE (except for its southerly 10').
Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general
interest in the easement. There is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that the owner of the lot is required to pass the developed flows
generated by the upstream lots across their property. (Note: The applicant's submitted building permit
plans acceptably show a drainage ditch, conveying the upstream flow around the outside of the
masonry wall (within the lot), to the hammerhead street end.)
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Resolution 2020-40.
SUGGESTED MOTION
MOVE to adopt Resolution 2020-40.
Attachments
Vicinity Map
Aerial Photo Map
Res 2020-40
Exhibit A Map
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Burke 10/12/2020 05:50 PM
Development Services Director John Wesley 10/13/2020 07:36 AM
Town Attorney Aaron D. Arnson 10/13/2020 09:34 AM
Town Manager Grady E. Miller 10/14/2020 07:56 AM
Form Started By: Randy Harrel Started On: 09/24/2020 02:55 PM
Final Approval Date: 10/14/2020
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VICINITY MAP
TOWN OF FOUNTAIN HILLS
NORTH
SCALE: 1" = 3500'
All that is A r i z o n a
F O U N T AIN HI
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TOWN OF INC. 1989
TOWN HALL
DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
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SALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
15213 E
SHOOT OUT PZ
DEVELOPMENT SERVICES
SITE PLAN
All that is A r i z o n a
F O U N T AIN HI
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TOWN OF INC. 1989
2019 AERIAL
ZONING: R1-10
SHOO
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ABANDON 10'
P.U.E. & D.E.
LOT 4
LOT 33
EA: 2020-09
LEGEND:
LOT 32
RETAIN 10'
P.U.E. & D.E.
LOT 30
RESOLUTION 2020-40
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE 10’ PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED AT THE REAR PROPERTY LINE OF PLAT
506-A, BLOCK 2, LOT 33, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN BOOK 159, OF MAPS, PAGE 30
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within
any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That a portion of the certain public utility and drainage easement, located at the rear
property line of Plat 506-A, Block 2, Lot 33 (15213 E Shoot Out Plaza) Fountain Hills, as recorded the
Office of the County Recorder of Maricopa County, Arizona, Book 159 of Maps, Page 30, are hereby
declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot
drainage runoff. The property owner is required to pass the developed flows generated by the
upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the
purpose of removing any potential cloud on the title to said property and that the Town in no way
attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting
there from or existing previous to any action by the Town.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 20th day of
October, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
EXHIBIT "A"
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
LOT 33
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information: Elizabeth A. Burke, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION
OF appointments to the Board of Adjustment, Community Services Advisory Commission, McDowell
Mountain Preservation Commission, Planning and Zoning Commission, Sister Cities Advisory
Commission, and the Strategic Planning Advisory Commission.
Staff Summary (Background)
In 2019 the Town Council streamlined the procedures for appointments to boards and commissions to
have terms expire in either April or October of the respective year. Normally, appointments for the
Community Services Advisory Commission, the Planning and Zoning Commission, and the Strategic
Planning Advisory Commission would have taken place this past April. However, with COVID-19, the
majority of board and commission meetings were canceled and appointments were postponed until
meetings resumed again.
Since boards and commissions are now beginning to hold meetings, the Town Clerk's Office began
advertising to fill vacancies on all boards and commissions. Council Subcommittees A and B held
interviews this week and have made recommendations to the Mayor to fill the vacancies.
Below (under RECOMMENDED MOTION) is a listing of the number of appointments and terms for each
board/commission. Action by the Town Council could be made with one motion or for each
board/commission individually.
Related Ordinance, Policy or Guiding Principle
Chapter 2A of the Town Code
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Recommendations to the Mayor have been made by Council Subcommittees A and B.
Staff Recommendation(s)
Staff Recommendation(s)
Make appointments of citizens to the following boards and commissions as indicated below.
SUGGESTED MOTION
MOVE to appoint to the various Boards and Commissions:
COMMISSION TERM APPOINTMENT
Board of Adjustment
10/31/23
10/31/23
_________________________
_________________________
Community Services Advisory Comm.
(Youth Member)
04/30/23
04/30/23
04/30/21
06/30/21
_________________________
_________________________
_________________________
_________________________
McDowell Mountain Preservation Comm.
10/31/23
10/31/23
_________________________
_________________________
Planning & Zoning Commission
04/30/23
04/30/23
_________________________
_________________________
Sister Cities Advisory Commission
10/31/23
10/31/23
_________________________
_________________________
Strategic Planning Advisory Commission
04/30/23
04/30/23
04/30/22
_________________________
_________________________
_________________________
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 10/08/2020 05:55 PM
Form Started By: Elizabeth A. Burke Started On: 10/08/2020 10:04 AM
Final Approval Date: 10/08/2020
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Town Council Regular Meeting (Agenda Language): HOLD A PUBLIC HEARING AND
CONSIDER ORDINANCE 20-21 amending Chapter 12, Commercial Zoning Districts, Sections 12.02 B,
12.02 C, and 12.02 D, by adjusting provisions to allow indoor vehicle sales in the C-C, C-2, and C-3
Districts.
Case #Z2020-08
Staff Summary (Background)
At the direction of the Town Council, staff processed this text amendment to the Town’s Zoning
Ordinance to adjust certain provisions in Chapter 12 to allow indoor vehicle sales in the C-C, C-2,
and C-3 zoning districts. Currently, indoor car sales is only permitted in C-1 (Neighborhood
Commercial and Professional) zoning district. To evaluate this proposed text amendment, staff
reviewed the purpose and intent of the C-C, C-2, and C-3 zoning districts, the current uses
allowed in these three zoning districts, and zoning ordinances of surrounding communities.
Purpose and Intent of the C-O, C-2, and C-3 Zoning Districts
Chapter 12 of the Town of Fountain Hills Zoning Ordinance establishes the commercial zoning
districts and associated regulations for the Town. This chapter establishes five commercial
zoning districts ranging from CO, Commercial Office, zoning district allowing primarily office
type uses, to the C-3, General Commercial, zoning district which allows a wide range of indoor
and outdoor commercial activities. Each commercial zoning district has an intended purpose
and allowed uses. The higher intensity uses build on the lower intensity uses and a greater
impact on the surrounding developments. Sections 12.01 B, C, and D of the Zoning Ordinance
establishes the following with regard to the C-C, C-2, and C-3 zoning districts:
C-C. Common Commercial Zoning District: The Common Commercial Zoning District is a
zoning district established where existing plats that have existing common parking lot
schemes developed and can provide for modest commercial enterprises to serve a
surrounding residential neighborhood, as well as to provide for services to the community
which are not detrimental to the integrity of the surrounding residential neighborhood,
and to provide for the appropriate location of professional offices throughout the
community. The intent of this district is to integrate limited commercial activity and
professional offices on the small lot and common parking lot scheme with residential land
uses in a climate favorable to both. Particular attention is to be paid to the interface
between commercial or professional uses and the residential uses within the same
neighborhood.
C-2. Intermediate Commercial Zoning District: The principal purpose of this Zoning District
is to provide for the sale of commodities and the performance of services and other
activities in locations for which the market area extends beyond the immediate
residential neighborhoods. Principal uses permitted in this Zoning District include
furniture stores, hotels and motels, restaurants, and some commercial recreation and
cultural facilities such as movies and instruction in art and music. This Zoning District is
designed for application at major street intersections.
C-3. General Commercial Zoning District: The principal purpose of this Zoning District is to
provide for commercial uses concerned with wholesale or distribution activities in
locations where there is adequate access to major streets or highways. Principal uses
permitted in this Zoning District include retail and wholesale commerce and commercial
entertainment.
Currently Allowed Uses
The C-C zoning district currently allows a wide range of typically smaller commercial activities
such as: bakeries, child care centers, florists, gift shops, and photo studios. It also allows for
some retail uses that can be larger and have a greater impact such as: banks, dry-cleaners, food
stores, hardware stores, and pharmacies. In addition, the zoning ordinance provides some limits
to the uses allowed in the C-C zoning district to keep properties in this zoning district more
comparable with adjacent residential uses. These limitations include requiring approval by
Council of a Special Use Permit for drive-in windows, operation of commercial or professional
activities between 11 p.m. and 7 a.m., outdoor seating, private schools for vocational education,
and retail gasoline sales.
The C-2 zoning district currently allows a wide range of small to medium-scale commercial
activities such as furniture stores, hotels and motels, restaurants, and some commercial
recreation and cultural facilities such as movies and instruction in art and music. It also allows
for some services that may potentially be large-scale and have a greater impact such as: car
washes, automobile repair shops, trade schools and fitness centers. In addition, the zoning
ordinance provides some limits to uses allowed in the C-2 zoning district to keep properties in
this zoning district more compatible with adjacent small-scale commercial uses and neighboring
residential uses. These limitations include requiring approval of a SUP by Council for fuel
dispensing stations, convenience stores, nurseries, and outdoor automobile sales.
The C-3 zoning district currently allows a wide range of medium to large-scale commercial
activities, many of which occur outside enclosed buildings, such as lumber yards, nurseries and
landscape material sales, and outdoor display areas for new and used vehicle sales. It also
allows for some uses that involve use of shop equipment and light assembly, such as cabinet
shops, art metal shops and commercial printing services. Under the condition of a special use
permit, it also allows for some services that may potentially have a greater impact, such as: fuel
dispensing stations, construction vehicle sales, convenience stores, and temporary vehicle
storage.
Indoor vehicles sales, with a maximum display area of 5,000 sq. ft. and no overnight parking, are
currently allowed in the C-1 zoning district only. Vehicle sales that include outdoor display areas
are currently provided for in the C-2 and C-3 zoning districts only. Sales of vehicles are allowed
by right in the C-3 zoning district and require approval of a Special Use Permit in the C-2 zoning
district. Vehicle sales facilities are typically excluded from lower intensity zoning districts
because they usually involve lights, noise, and traffic impacts that are not compatible with
residential properties.
Review of other Zoning Ordinances
In virtually all cities and towns, new and used car sales operations are allowed only in more
intense commercial and industrial zoning districts. As part of this review, staff looked at the
zoning ordinances of several surrounding jurisdictions and did not find any that allow auto sales
in a zoning district comparable to the Town's C-C zoning district. However, the Town's C-C
zoning district is virtually identical to the C-1 zoning district in terms of allowed uses, with
exception to the allowance of indoor vehicle sales in the C-1 district only.
Proposed Amendments
Section 12.02 B. 4. was recently added to the Zoning Ordinance to allow indoor vehicle
sales under specific situations. It is proposed that this section be amended to include the CC
District with the same provisions and requirements.
In order to allow indoor vehicle sales in the C-2 District, it is proposed that Section 12.02 C. 25.
be added to the list of uses in this section. The proposed wording for this item is:
25. IN THE C-2 DISTRICT, SALE OF NEW AND USED AUTOMOBILES, GOLF CARTS, ALL-TERRAIN
VEHICLES AND MOTORCYCLES ARE PERMITTED, PROVIDED ALL THE FOLLOWING CONDITIONS
ARE MET:
ALL DISPLAY OF INVENTORY AND MERCHANDISE IS COMPLETELY WITHIN AN ENCLOSED
BUILDING, WITHOUT OUTDOOR DISPLAY OF ANY VEHICLE; AND,
A.
B.ALL SALES ACTIVITIES OCCUR WITHIN THE BUILDING.
Because of concern for potential neighborhood impacts in the C-1 zoning district, conditions
associated with allowing the use included a limit on the allowed square footage of display area,
no washing or maintenance of vehicles on site, and no over-night parking. The C-2 zoning
district is more intense and allows vehicle washing and maintenance uses by right. Because of
these difference in the intent of the districts, these requirements were removed for the use in
the C-2 zoning district.
The C-3 zoning district currently allows new and used vehicle display as a use by right.
Therefore, it may not need to be amended to allow the indoor display option. However, given
that the ordinance is being amended to specifically allow the indoor option in the other
districts, there is some concern that in the future someone may interpret the code to not allow
it in the C-3 District if it is not also listed there. For that reason, staff is proposing to amend
Section 12.02 D. 7. to specifically list both indoor and outside vehicle display options.
Analysis
As discussed earlier, Section 12.02 B.4 of the Zoning Ordinance specifically allows indoor vehicle
sales in the C-1 zoning district only, under certain conditions. However, restricting this use to
the C-1 zoning district severely limits the use to only a few commercial areas within the Town
and precludes indoor sales from occurring in more intense commercial zoning districts. By
allowing these indoor display areas in C-C, C-2 and C-3 zoning districts, automobile dealers will
find a larger inventory of properties to accommodate their business.
It should be noted that not only is the use currently limited to the C-1 zoning district, but it is
also limited to a display area of 5,000 square-feet and with the prohibition of overnight parking.
Staff believes these conditions are also appropriate for the C-C zoning district, which is virtually
identical to C-1 in terms of allowed uses and intensity. However, the more intense C-2 and C-3
commercial districts typically serve areas beyond the immediate neighborhood, where business
may need space for a larger inventory of products, and where overnight parking might occur for
occasional night shifts.
New and used vehicle sales are currently allowed in the C-2 zoning district with approval of a
Special Use Permit and by right in the C-3 District. The provisions for both districts currently
only anticipate outdoor vehicle display. Because indoor display has been added as a use by right
in the less intense C-1 District, it makes sense to also allow indoor vehicle sales in the C-2 and
C-3 Districts by right. The proposed amendments will give a clear hierarchy of allowed vehicle
sales options from the restricted indoor only use in C-1 and CC, unlimited indoor sales by right
and outdoor sales through a Special Use Permit in the C-2 District, and indoor and outdoor sales
by right in the C-3 District.
Related Ordinance, Policy or Guiding Principle
General Plan 2010, Chapter 3 - includes goals and policies related to improving use of existing
commercial property and being creative in attracting small and medium-sized businesses. This chapter
also include policies regarding the importance of protecting residential neighborhoods from
incompatible uses.
Zoning Ordinance, Chapter 12, Sections 12.02 - 12.06 - lists the uses permitted and those requiring
Special Use Permits in each of the commercial zoning districts.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission held a public hearing and considered this proposed text
amendment at its regular meeting on September 14, 2020. No citizens spoke for or against this
proposed text amendment. The Planning and Zoning Commission recommends approval of the
proposed amendment as presented.
Staff Recommendation(s)
Staff recommends approval of Ordinance 20-21 as presented.
Staff recommends approval of Ordinance 20-21 as presented.
SUGGESTED MOTION
MOVE to approve Ordinance #20-21.
Attachments
Ordinance 20-21
Presentation
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 10/07/2020 07:21 AM
Form Started By: Farhad Tavassoli Started On: 09/17/2020 03:20 PM
Final Approval Date: 10/07/2020
ORDINANCE NO. 20-21
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 12, COMMERCIAL ZONING
DISTRICTS, BY AMENDING SECTION 12.02. B. 4., TO ALLOW INDOOR
VEHICLE SALES IN THE C-C DISTRICT, ADDING SECTION 12.02. C. 25.
TO ALLOW INDOOR VEHICLE SALES IN THE C-2 DISTRICT, AND
AMENDING SECTION 12.02 D. 7. TO ALLOW INDOOR VEHCILE SALES.
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance
for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
12, Commercial Zoning Districts by amending provisions related to indoor vehicle sales in
Sections 12.02 B. 4, 12.02 D. 7. and adding Section 12.02 C. 25.; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the August 26,
2020, and September 2, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on September 14, 2020 and by the Town Council on October 6, 2020.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.02 B, Permitted Uses, is amended as follows:
…
4. Sale of new and used automobiles, golf carts, all-terrain vehicles, and motorcycles
are permitted in the C-1 AND C-C zoning DISTRICTS, provided all the following
conditions are met:
…
SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.02 C, Permitted Uses, is amended as follows:
25. IN THE C-2 DISTRICT, SALE OF NEW AND USED AUTOMOBILES,
GOLF CARTS, ALL-TERRAIN VEHICLES AND MOTORCYCLES ARE
PERMITTED, PROVIDED ALL THE FOLLOWING CONDITIONS ARE MET:
A. ALL DISPLAY OF INVENTORY AND MERCHANDISE IS
COMPLETELY WITHIN AN ENCLOSED BUILDING, WITHOUT
OUTDOOR DISPLAY OF ANY VEHICLE; AND,
B. ALL SALES ACTIVITIES OCCUR WITHIN THE BUILDING.
SECTION 4. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.02 D. 7. is amended as follows:
7. New and used automobiles, boats, golf carts, all terrain vehicles, motorcycles,
travel trailers, recreational vehicles sales including INDOOR AND/OR outside
display area, provided all sales and repair activities are conducted within a
building and subject to Site plan approval pursuant to section 2.04 of this zoning
ordinance.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps
necessary to carry out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, Arizona, this 6 day of October, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
www.fh.az.gov
Town of Fountain HillsStaff Presentation
October 20, 2020
Z2020-08
Indoor vehicle sales in C-C, C-2, and C-3
www.fh.az.gov
Request
•Staff-initiated request to amend the zoning
ordinance
•Allow indoor vehicle sales in C-C, C-2, C-3 zoning
districts
•Already allowed C-1 under certain conditions
•Vets Auto Center
www.fh.az.gov
Current Ordinance
Auto Sales
Allowed?
Maximum Display
Area
Sales
activities
within
building only
Washing
Maintenance
and service
work
Overnight
parking
C-C No N/A N/A N/A N/A N/A
C-1 Indoor only 5,000 sq. ft.Required Not Permitted Not permitted Not permitted
C-2 With SUP only No limit Required Permitted Permitted Permitted
C-3 Yes, indoor and
oudoor No limit Required Permitted Permitted Permitted
www.fh.az.gov
Current Ordinance
Auto Sales
Allowed?
Maximum Display
Area
Sales
activities
within
building only
Washing
Maintenance
and service
work
Overnight
parking
C-C No N/A N/A N/A N/A N/A
C-1 Indoor only 5,000 sq. ft.Required Not Permitted Not permitted Not permitted
C-2 With SUP only No limit Required Permitted Permitted Permitted
C-3 Yes, indoor and
oudoor No limit Required Permitted Permitted Permitted
www.fh.az.gov
Proposed Ordinance
Auto Sales
Allowed?
Maximum Display
Area
Sales
activities
within
building only
Washing
Maintenance
and service
work
Overnight
parking
C-C Indoor only 5,000 sq. ft.Required Not permitted Not permitted Not permitted
C-1 Indoor only 5,000 sq. ft.Required Not Permitted Not permitted Not permitted
C-2
Indoor allowed by
right; Outside with
SUP only
No limit Required Permitted Permitted Permitted
C-3 Yes, indoor and
oudoor No limit Required Permitted Permitted Permitted
www.fh.az.gov
Staff Recommendation
•Approval of ORD 20-21 as presented
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING AND
CONSIDERATION OF Ordinance 20-22 amending Zoning Ordinance Section 6.07 G. 2. by changing the
calculation used for the size of signs consisting of individual letters and/or logos and Section 6.08 W. 1.
regarding the allowable sign area for wall signs. (Case #2020-09)
Staff Summary (background)
Chapter 6 of the Zoning Ordinance provides for the regulations of signs. Town staff, with the assistance
of the Town Attorney and input from a citizen group, is preparing a comprehensive update to the sign
regulations. A draft of the sign ordinance has been reviewed by the Planning and Zoning Commission,
the proposed amendments included in this text amendment are part of what the Commission has
recommended for approval.
In reviewing the current code against those of other cities and towns, and in discussions with our citizen
group, it was noted that two current provisions in the Town's sign ordinance are more restrictive than
other communities. It has been proposed that these two provisions be changed to allow more flexibility
and creativity in sign design.
Section 6.07 of the Sign Regulations provides general regulations regarding signs. Subsection 6.07 G.
addresses sign area and how to measure sign area for different types of signs. Paragraph 2 addresses
signs which are made up of individual letters and logos. The measurement standard in the ordinance is
to draw a rectangle around the elements that make up the sign to calculate the area of the sign. This
method of measuring sign areas limits the creativity of the sign design. To get the largest sign, the
owner will usually choose a simple rectangular sign.
To allow for and encourage more creative sign design, the proposal is to allow the area for these types
of signs to be measured using up to two geometric shapes at least one point in common. This can then
allow for different shapes and letters that go outside the standard rectangle without wasting a lot of
sign area on unused space.
Section 6.08 of the Sign Regulations provides the requirements for individual sign types. Subsection
6.08 W. address wall signs. Paragraph 1 in this section states wall signs are limited to a maximum of 1
square-foot of sign area per foot of frontage. In comparison to other communities, this sign allowance is
low. The recommendation is to increase the allowance to 1.5 square-feet of sign area per foot of
frontage. The maximum sign allowed will still be limited by the aggregate sign area allowance in Section
6.08 A.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission recommends approval of this text amendment.
Staff Recommendation(s)
Staff recommends approval of Ordinance 20-22 as submitted.
SUGGESTED MOTION
Open and Close Public Hearing; MOVE to adopt Ordinance 20-22.
Attachments
Ord 20-22
Presentation
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Burke 10/12/2020 05:54 PM
Development Services Director (Originator)John Wesley 10/13/2020 07:41 AM
Town Attorney Aaron D. Arnson 10/13/2020 09:37 AM
Town Manager Grady E. Miller 10/13/2020 09:56 AM
Form Started By: John Wesley Started On: 09/29/2020 07:42 AM
Final Approval Date: 10/13/2020
ORDINANCE NO. 20-22
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, SECTION 6.07 G. 2 BY CHANGING THE AREA
CALCULATION FOR SIGNS CONSISTING OF INDIVIDUAL LETTERS AND/OR
GRAPHICS AND SECTION 6.08 W.1. REGARDING THE ALLOWABLE SIGN
AREA FOR WALL SIGNS
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to amend Section 6.07 G.
2. by changing the calculation used for the size of signs consisting of individual letters and/or logos
and Section 6.08 W. 1. regarding the allowable sign area for wall signs; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the April 22, 2020, April 29,
2020, September 30, 2020, and October 7, 2020, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
May 11, 2020 and by the Town Council on October 20, 2020.
ENACTEMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.07 G. 2. is amended
as follows:
2. For sign copy consisting of individual letters and/or graphics affixed to a wall or portion of
a building that has not been painted, textured, or otherwise altered to provide a distinctive
background for the sign copy, the sign area is the area within the smallest rectangle that
will enclose the sign copy SUM OF THE ONE (1) OR TWO (2) SMALLEST TANGENT
RECTANGLE(S) OR OTHER STANDARD GEOMETRIC SHAPES (E.G.: CIRCLE,
TRIANGLE, REGULAR ELLIPSE, REGULAR RHOMBUS, OR REGULAR
PARALLELOGRAM), OR COMBINATION OF RECTANGLES AND STANDARD
REGULAR GEOMETRIC SHAPES THAT WILL ENCLOSE BOTH THE SIGN COPY
AND BACKGROUND. WHEN TWO (2) OR MORE SHAPES ARE USED, THE SHAPES
MUST INCLUDE AT LEAST ONE (1) POINT OF COMMON TANGENCY BETWEEN
THE TWO (2) SHAPES.
ORDINANCE 20-22 PAGE 2
Example Sign Area
SECTION 3. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08 W. 1. G., is
amended as follows:
1. One AND ONE-HALF (1.5) square FEETfoot per each lineal foot of building frontage.
Frontage is determined by the measurement of the portion of the building facing the street
not to exceed aggregate square footage allowed. Corner buildings may include
two street frontages if the frontages are joined at an angle between forty-five (45) and
ninety (90) degrees. However, the total sign area that is oriented toward a
particular street may not exceed 125% of the portion of the lot’s total sign area allocation
that is derived from the building frontage on that street. Building frontages that contain
angles of less than forty-five (45) degrees or between ninety (90) and one hundred eighty
(180) degrees shall be considered to be one frontage.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
ORDINANCE 20-22 PAGE 3
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
20th day of October, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
www.fh.az.gov
Town of Fountain HillsStaff Presentation
October 20, 2020
Z2020-09
Sign Ordinance
www.fh.az.gov
Proposal
•Allow additional flexibility in measuring signs with
individual letters
•Increase the size of wall signs
•Suggested based on review of other codes and
input from citizen committee
www.fh.az.gov
Measurement
•Section 6.07 G. provides standards on how to
measure the area of different types of signs
•One type is those signs made up of individual
letters and logos
www.fh.az.gov
Measurement
•Section 6.07 G. provides standards on how to
measure the area of different types of signs
•One type is those signs made up of individual
letters and logos
•Area is one rectangle
www.fh.az.gov
Proposed Ordinance
www.fh.az.gov
Measurement under current
ordinance
www.fh.az.gov
Measurement under proposed
ordinance
•Allows use of 2 standard
geometric shapes
•Does not count as much
dead space
•Encourages unique design
www.fh.az.gov
Comparison
www.fh.az.gov
Wall Signs
•Section 6.08 W. allows wall signs at 1 sq. ft. per
foot of frontage
•This is less than other communities
•Recommend going to 1.5 sq. ft. per foot of
frontage
www.fh.az.gov
Recommendation
•Approval of ORD 20-22 as presented
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information: Aaron D. Arnson, Town Attorney
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Ordinance
20-25 amending the Fountain Hills Town Code by adopting a new Article II (Recreational Marijuana), in
Chapter 11 (Offenses); establishing a purpose; setting forth definitions; prohibiting marijuana on public
property; prohibiting marijuana establishments and marijuana testing facilities; enacting reasonable
regulations for marijuana cultivation on residential property; setting forth violations; providing for
enforcement and penalties; and setting a conditional effective date.
Staff Summary (background)
On November 3, 2020, Arizona voters will decide whether to approve Proposition 207, the “Smart and
Safe Arizona Act.” The Act, if passed, would legalize recreational marijuana in Arizona. Among other
things, the Act allows municipalities to prohibit or regulate recreational marijuana establishments and
testing facilities from operating within their jurisdictions.
The ordinance will not become effective unless and until the Act is approved and becomes effective. As
proposed, the ordinance will prohibit recreational marijuana establishments and testing facilities from
operating within Fountain Hills. In accordance with the Act, this prohibition would not apply to a current
dual licensee that operates within Fountain Hills. The ordinance would also prohibit, among other
things, the use or possession of marijuana on Town property. Finally, the proposed ordinance would
place reasonable limits on the growth of marijuana plants in private residences. Staff recommends
adoption of the ordinance.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Ordinance 20-25.
SUGGESTED MOTION
MOVE to adopt Ordinance 20-25.
Attachments
Ord 20-25
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 10/13/2020 09:55 AM
Finance Director Elizabeth A. Burke 10/13/2020 03:09 PM
Town Attorney Elizabeth A. Burke 10/13/2020 03:09 PM
Town Manager Grady E. Miller 10/14/2020 07:54 AM
Form Started By: Elizabeth A. Burke Started On: 10/12/2020 04:12 PM
Final Approval Date: 10/14/2020
ORDINANCE NO. 20-25
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CODE OF
FOUNTAIN HILLS, ARIZONA BY ADOPTING A NEW ARTICLE II
(RECREATIONAL MARIJUANA), IN CHAPTER 11 (OFFENSES) OF
THE FOUNTAIN HILLS TOWN CODE; ESTABLISHING A PURPOSE;
SETTING FORTH DEFINITIONS; PROHIBITING MARIJUANA ON
PUBLIC PROPERTY; PROHIBITING MARIJUANA ESTABLISH-
MENTS AND MARIJUANA TESTING FACILITIES; ENACTING
REASONABLE REGULATIONS FOR MARIJUANA CULTIVATION
ON RESIDENTIAL PROPERTY; SETTING FORTH VIOLATIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES; AND SETTING
A CONDITIONAL EFFECTIVE DATE
RECITALS:
WHEREAS, marijuana contains tetrahydrocannabinol (“THC”), which remains on Schedule I of
the Controlled Substances Act pursuant to 21 U.S.C. § 811 et al. and any possession and use is
a violation of federal law pursuant to 21 U.S.C. § 841 et al.; and
WHEREAS, the Arizona Medical Marijuana Act, Arizona Revised Statutes Sections § 36-2801 et
al., and Title 9, Chapter 17 of the Arizona Administrative Code allow the establishment and
operation of nonprofit medical marijuana dispensaries in the Town according to a prescribed
statutory and regulatory process;
WHEREAS, the statewide ballot measure I-23-2020, known as “Smart and Safe Arizona Act” has
been certified as Proposition 207 and placed on the November 3, 2020 general election ballot
and contains provisions authorizing the possession, consumption, purchase, processing,
manufacturing or transporting of marijuana by an individual who is at least twenty-one (21) years
of age; authorizing possession, transport, cultivation or processing of marijuana plants in a
primary residence by adults over 21 years of older; allowing a nonprofit medical marijuana
dispensary or other non-dispensary applicant to apply to the Department of Health Services to
become a licensed marijuana establishment authorized to engage in the retail sale, cultivation
and manufacturing of marijuana; and allowing the Department, or another entity designated by
the Department, to become a marijuana testing facility to test the potency of marijuana and detect
any harmful contaminants;
WHEREAS, the Town finds that Proposition 207 authorizes marijuana establishments and testing
facilities to use chemical extraction or chemical synthesis, including butane and other flammable
gases, to extract marijuana concentrate, which poses a threat to the health, safety and security
of the community and increases the responsibilities of law enforcement and other Town
departments to respond to violations of state and local laws, including building, electrical,
plumbing, and fire codes;
WHEREAS, the Town seeks to protect public health, safety, and welfare by prohibiting marijuana
establishments and marijuana testing facilities in the Town and by enacting additional regulations.
ORDINANCE NO. 20-25 PAGE 2
ENACTMENTS:
NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Fountain Hills,
Arizona, as follows:
Section I. In General.
The Code of Fountain Hills, Arizona, Chapter 11 Offenses, is hereby amended by adding a new
Article II Recreational Marijuana to read as follows:
Article II Recreational Marijuana
Sec. 11-2-1 Purpose.
Sec. 11-2-2 Definitions.
Sec. 11-2-3 Marijuana Prohibited on Public Property.
Sec. 11-2-4 Marijuana Establishment Prohibited; Dual Licensee Exception.
Sec. 11-2-5 Marijuana Testing Facility Prohibited.
Sec. 11-2-6 Marijuana at a Primary Residence for Personal Use.
Sec. 11-2-7 Violations; Enforcement; Penalties.
Sec. 11-2-1 Purpose.
This Article is adopted to protect the health, safety, and welfare of the community. Except as
allowed by law for personal or private use, or as permitted under the Arizona Medical Marijuana
Act, the Town prohibits the consumption, cultivation, extraction, manufacturing, processing, sale
or distribution, of marijuana or marijuana products in the Town. Nothing in this Article is intended
to promote or condone the consumption, cultivation, extraction, manufacturing, processing, sale
or distribution of marijuana or marijuana products in violation of any applicable law.
Sec. 11-2-2 Definitions.
The below words and phrases, wherever used in this Article, shall be construed as defined in this
section unless, clearly from the context, a different meaning is intended. Words used in the
present tense include the future tense, words in the plural number include the singular number,
and words in the singular number include the plural number.
A. “Chemical Extraction” means the process of removing a particular component of a mixture
from others present, including removing resinous tetrahydrocannabinol from marijuana.
B. “Chemical Synthesis” means production of a new particular molecule by adding to,
subtracting from, or changing the structure of a precursor molecule.
C. “Consume,” “Consuming,” and “Consumption” mean the act of ingesting, inhaling or
otherwise introducing marijuana into the human body.
D. “Consumer” means an individual who is at least twenty-one years of age and who
purchases marijuana or marijuana products.
E. “Cultivate” and “Cultivation” mean to propagate, breed, grow, prepare, and package
marijuana.
ORDINANCE NO. 20-25 PAGE 3
F. “Department” means the State of Arizona Department of Health Services or its successor
agency.
G. “Dual Licensee” means an entity that holds both a nonprofit medical marijuana dispensary
registration and a marijuana establishment license.
H. “Extract” and “Extraction” means the process of extracting or separating resin from
marijuana to produce or process any form of marijuana concentrates using water, lipids,
gases, solvents, or other chemicals or chemical processes.
I. “Manufacture” and “Manufacturing” means to compound, blend, extract, infuse or
otherwise make or prepare a marijuana product.
J. “Marijuana”
1. Means all parts of the plant of the genus cannabis, whether growing or not, as well
as the seeds from the plant, the resin extracted from any part of the plant, and
every compound, manufacture, salt, derivative, mixture or preparation of the plant
or its seeds or resin.
2. Includes cannabis as defined in A.R.S. § 13-3401.
3. Does not include industrial hemp, the fiber produced from the stalks of the plant of
the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds
of the plant that are incapable of germination, or the weight of any other ingredient
combined with marijuana to prepare topical or oral administrations, food, drink or
other products.
K. “Marijuana Concentrate”
1. Means resin extracted from any part of a plant of the genus cannabis and every
compound, manufacture, salt, derivative, mixture or preparation of that resin or
tetrahydrocannabinol.
2. Does not include industrial hemp or the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink, or other
products.
L. “Marijuana Establishment” means an entity licensed by the Department to operate all of
the following:
1. A single retail location at which the licensee may sell marijuana and marijuana
products to consumers, cultivate marijuana and manufacture marijuana products.
2. A single off-site cultivation location at which the licensee may cultivate marijuana,
process marijuana and manufacture marijuana products, but from which marijuana
and marijuana products may not be transferred or sold to consumers.
ORDINANCE NO. 20-25 PAGE 4
3. A single off-site location at which the licensee may manufacture marijuana
products and package and store marijuana and marijuana products, but from which
marijuana and marijuana products may not be transferred or sold to consumers.
M. “Marijuana Products” means marijuana concentrate and products that are composed of
marijuana and other ingredients and that are intended for use or consumption, including
edible products, ointments, and tinctures.
N. “Marijuana Testing Facility” means the Department or another entity that is licensed by the
Department to analyze the potency of marijuana and test marijuana for harmful
contaminants.
O. “Nonprofit Medical Marijuana Dispensary” means a non-profit entity as defined in A.R.S.
§ 36-2801(12).
P. “Open Space” means a public park, public sidewalk, public walkway, public trail, preserve,
or public pedestrian thoroughfare.
Q. “Person” means an individual, partnership, corporation, association, or any other entity of
whatever kind or nature.
R. “Process” and “Processing” means to harvest, dry, cure, trim or separate parts of the
marijuana plant.
S. “Public Place” has the same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S.
§ 36-601.01.
T. “Smoke” means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted
marijuana products, whether natural or synthetic.
Sec. 11-2-3 Marijuana Prohibited on Public Property.
A. The consumption, cultivation, extraction, manufacture, processing, sale or distribution of
marijuana or marijuana products is prohibited on property that is occupied, owned,
controlled or operated by the Town.
B. It is unlawful for an individual to smoke marijuana or consume marijuana products on
property that is occupied, owned, controlled, or operated by the Town.
C. It is unlawful for an individual to smoke marijuana or consume marijuana products in an
open space in the Town.
D. It is unlawful for an individual to smoke marijuana or consume marijuana products in a
public place in the Town.
Sec. 11-2-4 Marijuana Establishment Prohibited; Dual Licensee Exception.
A. To the fullest extent allowable by law, the operation of a marijuana establishment is
prohibited in the Town, except where authorized for a dual licensee who:
ORDINANCE NO. 20-25 PAGE 5
1. Operates both a nonprofit medical marijuana dispensary and marijuana
establishment cooperatively in a shared location; and
2. Has not forfeited or terminated the nonprofit medical marijuana dispensary
registration from the Department.
Sec. 11-2-5 Marijuana Testing Facility Prohibited.
To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in
the Town.
Sec. 11-2-6 Marijuana at a Primary Residence for Personal Use.
A. To the fullest extent allowable by law, marijuana consumption, cultivation, extraction,
manufacture, and processing is permitted in an individual’s primary residence for
personal use subject to the following conditions and limitations:
1. It shall be unlawful for any individual who is at least twenty-one (21) years of age
to possess, transport, cultivate, or process more than six (6) marijuana plants.
2. It shall be unlawful for two or more individuals who are at least twenty-one (21)
year of age to possess, transport, cultivate, or process more than twelve (12)
marijuana plants.
3. Except as provided by A.R.S. § 36-2801 et al. and this section, it shall be unlawful
for an individual to otherwise consume, cultivate, extract, manufacture, possess,
or process marijuana in a residence or accessory structure within the Town limits.
4. Marijuana or marijuana products shall not be cultivated, extracted, manufactured,
or processed outdoors.
5. The cultivation, extraction, manufacture, and processing of marijuana shall be
limited to a closet, room, greenhouse, or other enclosed area within the primary
residence or an accessory structure on the property with a permanent foundation
that is equipped with a lock or other security device that prevents access by minors.
6. Individuals shall not extract, manufacture, or process marijuana by chemical
extraction or chemical synthesis, excluding manual or mechanical means.
7. The indoor area used for cultivation, extraction, manufacturing, or processing shall
include a ventilation and filtration system designed to ensure that odors from the
cultivation extraction, manufacturing, or processing are not detectable beyond the
property line of a parcel containing a single dwelling unit, or beyond the boundaries
of a single dwelling unit in multifamily dwellings, cluster houses, condominiums, or
similar closely built unit arrangements, and designed to prevent mold and moisture
and otherwise protect the health and safety of persons residing in the residence or
unit. This shall include, at a minimum, a system meeting the requirements of the
current, adopted edition of the International Residential Code.
8. Marijuana may only be cultivated, extracted, manufactured, or processed as an
accessory use at the primary residence of the person conducting such activity or
ORDINANCE NO. 20-25 PAGE 6
in an accessory structure on the property with a permanent foundation, and only
for such person's own use, or by a primary caregiver on behalf of a patient.
9. It is unlawful to use any grow lighting system for the indoor cultivation of marijuana
other than light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or
fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not
limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps,
sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short-arc
lamps, are prohibited.
10. Cultivation, extraction, manufacturing, and processing shall take place in an area
where the marijuana plants or products are not visible from public view without
using binoculars, aircraft, or other optical aids.
Sec. 11-2-7 Violations; Enforcement; Penalties.
A. It is a violation of this Article for a person to consume, cultivate, extract, manufacture, or
process marijuana or marijuana products if the person fails to meet all the requirements
in this Article or state law, including the Department’s rules.
B. Each day any violation of any provision of this Article shall continue shall constitute a
separate offense.
C. Except as otherwise provided in A.R.S. § 36-2853, any violation of this Article is
punishable by Section 1-8-2(A) of this code.
D. Violations of this Article are in addition to any other violation enumerated within the Town
ordinances or the Town Code and in no way limits the penalties, actions or abatement
procedures which may be taken by the Town for any violation of this Article, which is
also a violation of any other ordinance or Code provision of the Town or federal or state
law. Conviction and punishment of judgment and civil sanction against any person under
this Article shall not relieve such person from the responsibility of correcting prohibited
conditions, or removing prohibited structures or improvements, and shall not prevent the
enforced correction or removal thereof.
E. The remedies provided in this Article shall be cumulative and in addition to any other
federal, state, or local remedy, which may be available. Nothing contained herein shall
be construed to preclude prosecution under any other applicable statute, ordinance,
rule, order, or regulation.
Section II. Providing for Repeal of Conflicting Ordinances.
All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part
of the Code adopted herein by reference, are hereby repealed.
Section III. Recitals.
The recitals above are fully incorporated in this Ordinance by reference.
ORDINANCE NO. 20-25 PAGE 7
Section IV. Effective Date.
This Ordinance does not become effective unless and until the Smart and Safety Act (Proposition
207) becomes law when approved by a majority of the votes cast at the November 3, 2020 general
election and on proclamation of the governor. Upon the governor’s proclamation, this Ordinance
shall become effective.
Section V. Zoning Considerations.
In accordance with Article II, Sections 1 and 2, Constitution of Arizona, the Town Council has
considered the individual property rights and personal liberties of the residents of the Town before
adopting this ordinance.
Section VI. Preservation of Rights and Duties.
This Ordinance does not affect the rights and duties that matured, penalties that were incurred,
or proceedings that were begun before the effective date of this Ordinance.
Section VII. Providing for Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the
Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED by the Common Council of the Town of Fountain Hills, Arizona, this
20th day of October, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Rachael Goodwin, Community Services Director
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF amending
Christmas Light Decorators contract in an amount not to exceed $15,000.
Staff Summary (Background)
On the first Saturday of December, the Fountain Hills community welcomes the holiday season by
hosting a number of programs and activities. One of the most anticipated components of the day is the
illumination of the annual light display along the Avenue Linear Park. The lights are officially lit during a
Town-wide celebration hosted by the Fountain Hills Chamber of Commerce, known as the Stroll in the
Glow. Though the Town does not organize the event, staff collaborates with the Chamber of Commerce
to ensure the lights and other logistics are installed in time for the program. Due to COVID-19 and
current safety mandates, the Chamber has had to eliminate many of the standard components of this
event, including the loss of the hayride and skating rink, as well as restrictions on the nativity scene and
visits with Santa. In an effort to bolster the event and increase engagement while adhering to social
distancing guidelines, the Town is considering a one-time expansion of the light installation. The
expansion would include increased displays and/or decor, as budget and stock allow.
Christmas Light Decorators is the current provider of the holiday lights and displays and is currently
contracted at $35,000 annually. A one-time increase to the contract is requested, not to exceed
$15,000, to be used to enhance the displays within the Avenue Linear Park. Budget savings from other
events and programs, including Independence Day and Turkey Trot, will be reallocated for this
expenditure.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval
SUGGESTED MOTION
MOVE to authorize Town Manager to proceed with procurement of additional holiday lighting displays
in an amount not to exceed $15,000.
Fiscal Impact
Fiscal Impact:15,000
Budget Reference:
Funding Source:PREVENT
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Form Review
Inbox Reviewed By Date
Community Services Director (Originator)Rachael Goodwin 10/14/2020 03:35 PM
Finance Director David Pock 10/14/2020 04:19 PM
Town Attorney Aaron D. Arnson 10/14/2020 04:56 PM
Town Manager Grady E. Miller 10/14/2020 04:59 PM
Form Started By: Rachael Goodwin Started On: 10/14/2020 02:30 PM
Final Approval Date: 10/14/2020
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/20/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
the fifth (5th) amendment to Professional Services Agreement C2017-083 in the amount of $16,701.64
with the CK Group, Inc. for engineering design services.
Staff Summary (Background)
The Town of Fountain Hills utilizes CK Group for a variety of engineering studies and design of capital
improvement projects. The CK Group was originally contracted by the town to evaluate and develop
possible design concepts to mitigate the traffic issues at the intersection of La Montana and Avenue of
the Fountains. Last year the Town Council selected the roundabout as the optimal alternative to safely
move traffic and improve pedestrian safety at this intersection.
Last spring CK Group completed the construction design and engineering documents for the roundabout
prior to the town seeking qualified bids to construct the roundabout project. Shortly after construction
was underway, a potential pedestrian and vehicular safety issue was discovered with the dedicated right
turn lane. At the direction of staff, CK Group redesigned the eastbound approach to improve the
pedestrian and vehicular safety at the southbound lanes of La Montana. The firm also addressed
drainage issues that resulted from removing the dedicated right turn lane. The roundabout redesign,
safety and drainage issues have been resolved and final construction of the project should be at or near
completion as of the date of the Council meeting on October 20, 2020. The cost of the roundabout
design changes resulted in a cost of $16,701.64.
Related Ordinance, Policy or Guiding Principle
Capital Improvement Projects
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
NA
Staff Recommendation(s)
Staff recommends approval of this contract amendment.
SUGGESTED MOTION
MOVE to approve Contract Amendment No. 5 (to PSA Contract No. C2017-087) to the CK Group, Inc. in
the amount of $16,701.64.
Fiscal Impact
Fiscal Impact:$16,701.64
Budget Reference:390
Funding Source:CIP
If Multiple Funds utilized, list here:NA
Budgeted: if No, attach Budget Adjustment Form:NA
Attachments
Scope and Fee
PSA
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 09/30/2020 01:51 PM
Finance Director David Pock 10/01/2020 07:34 AM
Town Attorney Aaron D. Arnson 10/05/2020 03:57 PM
Town Manager Grady E. Miller 10/06/2020 04:56 PM
Form Started By: Justin Weldy Started On: 09/29/2020 11:58 AM
Final Approval Date: 10/06/2020
the CK Group, Inc.
16448 N. 40th Street, Suite A Phoenix, Arizona 85032
P: 602.482.5884 | F: 602 482.2885 | Email: ckgroup@theCKgroup.com
September 23, 2020
Mr. Justin Weldy
Public Works Director
Town of Fountain Hills Development Services Department
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Re: Avenue of the Fountains (AOTF) at La Montana Blvd Roundabout Design –
South West Corner Improvements - Change Order 2 Revised
Mr. Weldy,
Please find attached change order for the additional services to incorporate modifications to the roundabout
design at the intersection of Avenue of the Fountains (AOTF) at La Montana Drive Intersection. The change
order has been revised per our discussions to review potential drainage impacts to the new circulation.
1. Revise southwest corner improvements per preferred concept by Town Council.
2. Revise paving plan layout along AOTF per the revised layout for the southwest corner. Review
and implement drainage modifications due to revised layout.
3. Revise pavement signing and marking layout along AOTF per the revised layout for the
southwest corner. Additional striping changes will be required along AOTF on the west and
south legs.
4. Obtain supplemental topographical survey to review and implement drainage revisions due to
revised layout as well as address striping and signing modifications.
5. Revise the landscape and irrigation plan per the revised layout for the southwest corner. CK will
use the services of EPG, Inc. for landscape modifications.
The estimated fee for the additional services is $16,701.64
Please refer to Exhibit A – Derivation of Fee, which is attached herein.
Cost associated with meeting(s) beyond those specified in the scope of work will be billed separately on a
time and material basis.
Please do not hesitate to contact us should you have any question or comment.
Respectfully,
the CK Group, Inc.
Ogbonna Abarikwu
Principal
I PROPOSED TASKS 14,192.07
1 216 8 8 3,663.88
2 212 8 12 3,465.43
3 2 6 12 16 3,363.35
4 21 301.41
5 8 8 1,485.51
6 44 1,152.89
7 46 2
8 6 759.60
Total Hours 149 0 10 50 34 44 0 0 3 8
Hourly Rates $71.44 $64.47 $50.50 $34.86 $30.71 $37.00 $38.50 $19.23 $43.36
Subtotal $6,110.75 $0.00 $644.70 $2,525.00 $1,185.24 $1,351.24 $0.00 $0.00 $57.69 $346.88 14,192.07
Direct Labor $6,110.75 Subconsultants Rebillables
Overhead 1.2790 $7,815.83 $1,320.00 Mileage
Subtotal $13,926.58 120 Miles at $0.520 $62.40 $62.40
Profit 10% $1,392.66 Delivery
CK Group Subtotal $15,319.24 Deliveries at $30.000 $0.00 $0.00
Printing & Misc.
Subconsultants $1,320.00 Lump Sum at $25.000 $0.00 $0.00
Rebillables $62.40
Total $16,701.64 Total $1,320.00 Total $62.40
EPG (Irrigation and Landscape)
EXHIBIT A - DERIVATION OF FEE
Drainage Design Considerations and Analysis
Revise Paving Plan (Geometry, Elevations & Grade)
Registered
Landscape
Surveyor
Town of Fountain Hills AOTF, AOTF @ La Montana Roundabout Design - Improvements
Work Activity Principal
Project
Manager
2-Person
Survey
Crew
Sr. Project
Engineer
Project
Engineer
CAD
Designer
Project
Coordinator
Admin/
Graphics
Fee per
Task
Field Review
Revise Striping and Signing Plan
Revised Striping and Signing Summary
Prepare Estimates and Quantities
Project Coordination and Participate in Meetings
Obtain Supplemental Survey
9/23/2020 Page 1 of 1
Town of Fountain Hills AOTF @ La Montana Roundabout Design - 2020
Fee Proposal
Exhibit A-MH-Fee AOTF_2019 - C01.xlsx:CK
1
Contract No. C2017-087.5
FIFTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE CK GROUP, INC.
THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Fifth Amendment”) is entered into as of October 20, 2020, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and The CK Group, Inc., an Arizona corporation
(the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Professional Services Agreement,
dated February 23, 2017, as amended by that First Amendment, dated June 5, 2018, that Second
Amendment, dated November 6, 2018, that Third Amendment, dated March 5, 2019, and that
Fourth Amendment, dated January 7, 2020 (collectively, the “Agreement”), for the Contractor to
provide the Town with traffic and engineering analysis, among other things, for the Town (the
“Services”). All capitalized terms not otherwise defined in this Fifth Amendment have the same
meanings as contained in the Agreement.
B. The Town has determined that additional Services, namely providing additional
design services related to the intersection of La Montana Boulevard and the Avenue of the
Fountains (collectively, the “Additional Services”).
C. The Town and the Contractor desire to enter this Fifth Amendment to define the
scope of the Additional Services, and to provide for compensation to the Contractor for the
Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Scope of Work. The Contractor shall provide the Additional Services as set forth
in the Scope of Work and Fee Proposals, attached hereto as Exhibit A and incorporated herein by
reference.
2
2. Compensation. The Town shall pay the Contractor $16,701.64 for the Additional
Services, resulting in an increase of the aggregate not-to-exceed compensation amount from
$153,840.90 to $170,542.54.
3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
4. Non-Default. By executing this Fifth Amendment, the Contractor affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this Fifth Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this
Fifth Amendment are forever waived.
5. Israel. Contractor certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
6. Conflict of Interest. This Fifth Amendment and the Agreement may be cancelled
by the Town pursuant to ARIZ. REV. STAT. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ___________________, 2020, before me personally appeared Grady E. Miller, the
Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to
be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
4
“Contractor”
The CK GROUP, INC.
a(n) Arizona corporation
By:
Name:
Title:
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ________________________, 2020, before me personally appeared _____________
________________________, the _____________________ of THE CK GROUP, INC., a(n)
Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be
the person who he/she claims to be, and acknowledged that he/she signed the above document on
behalf of the corporation.
Notary Public
(Affix notary seal here)
4828-0947-9854 v.1
5
EXHIBIT A
TO
FIFTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE CK GROUP, INC.
[Scope of Work and Fee Proposals]
See following pages.