Loading...
HomeMy WebLinkAboutAGENDApacket__01-03-23_1044_407       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Peggy McMahon Councilmember Sharron Grzybowski Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, JANUARY 3, 2023 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. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These comments will be shared with the Town Council.      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.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of November 1, 2022; the Regular Meeting of November 15, 2022 and the Work Session of November 15, 2022.     B.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License   Town Council Regular Meeting of January 3, 2023 2   B.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Fountain Hills VFW Post 7507 Veterans of Foreign Wars for a  mini beer garden in conjunction with the Fountain Festival of Arts and Crafts on February, 24-26, 2023.     C.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Fountain Hills VFW Post 7507 Veterans of Foreign Wars for a full beer garden in conjunction with the Fountain Festival of Arts and Crafts on February, 24-26, 2023.     D.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application by the Fountain Hills Chamber of Commerce for a beer garden in conjunction with Fountain Hills Day on March 18, 2023.     E.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Town of Fountain Hills for a beer garden in conjunction with Music Fest on April 1, 2023.     F.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License Application for FATA LLC, located at 11803 North Saguaro Boulevard, Fountain Hills, Arizona, for a Series 18 (Distiller) License.      8.REGULAR AGENDA     A.CONSIDERATION AND DISCUSSION: Review Council assignments to Town Subcommittees and Regional Committees.     B.CONSIDERATION AND POSSIBLE ACTION: Approving the update to the Town of Fountain Hills Neighborhood Traffic Management Process     C.CONSIDERATION AND POSSIBLE ACTION: Approval of Playspace Design Contract Amendment 2021-048.2     D.CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to Cooperative Purchasing Agreement 2022-080.1 with Roadsafe Traffic Systems, Inc, for temporary traffic control (barricades)     E.CONSIDERATION, AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit  to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district.     F.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: ORDINANCE 22-08 amending   Town Council Regular Meeting of January 3, 2023 3   F.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: ORDINANCE 22-08 amending Chapter 1 (Introduction) and Chapter 12 (Commercial Zoning Districts) to allow indoor shooting ranges subject to the standards listed (Case #TAM22-06).     G.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: SPECIAL USE PERMIT to allow an indoor shooting range on an existing commercial building within a 1.43-acre parcel generally located approximately 1,400 feet southeast of the southeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 17205 E. Shea Blvd; APN#176-10-247) in the C-1 – Neighborhood Commercial and Professional Zoning District.     H.CONSIDERATION AND POSSIBLE ACTION: Town Council discussion, consideration, and possible action of adding an invocation on future Town Council agendas.       I.CONSIDERATION AND POSSIBLE DIRECTION: Possible repeal of Sign Ordinance Section 6.07, Section 6.08, and Resolution 2012-31.       J.CONSIDERATION AND POSSIBLE DIRECTION: Adopting Planning and Zoning recommendations relating to community residences (sober living group homes) that were modified or not enacted by the Town Council previously.     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         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 ____________________, 2022. _____________________________________________  Linda G. Mendenhall, 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 January 3, 2023 4   ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of November 1, 2022; the Regular Meeting of November 15, 2022 and the Work Session of November 15, 2022. 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 Regular Meeting of November 1, 2022; Regular Meeting and Work Session of November 15, 2022. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of November 1, 2022, the Regular Meeting and Work Session of November 15, 2022 as presented. Attachments 2022.1101.TCRM.Minutes  2022.1101.TCRM.Verbatim Transcript  2022.1115.TCRM.Minutes  2022.1115.TCRM.Verbatim Transcript  2022.1115.TCWS.Minutes  2022.1115.TCWS.Verbatim Transcript  Form Review Inbox Reviewed By Date Finance Director David Pock 12/27/2022 12:13 PM Town Attorney Linda Mendenhall 12/27/2022 04:51 PM Town Manager Grady E. Miller 12/27/2022 05:03 PM Form Started By: Linda Mendenhall Started On: 12/27/2022 10:56 AM Final Approval Date: 12/27/2022  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL November 1, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on November 1, 2022, to order at 5:32 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A moment of silence was held. 3. ROLL CALL Members Present: Mayor Ginny Dickey: Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember Mike Scharnow; Councilmember David Spelich Members Absent: Councilmember Alan Magazine Staff Present: Town Manager Grady E. Miller; Town Attorney Trish Stuhan; Town Clerk Linda Mendenhall Audience: Nineteen members of the public were present. 4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER A. PROCLAMATION: Declaring November 1, 2022, as Dementia Friendly Community Awareness Vice Mayor Peggy McMahon read the proclamation issued by Mayor Dickey declaring November 1, 2022, as Dementia Friendly Awareness Day. Linda Rode accepted the proclamation and expressed her appreciation. B. RECOGNITION: Outgoing Board and Commission member Honorable Enrique Melendez, for his service on the Sister Cities Advisory Commission. Mayor Dickey recognized Honorable Enrique Melendez for his service on the Sister Cities Advisory Commission and presented him with a certificate of appreciation. Honorable Enrique Melendez accepted the certificate and expressed his appreciation. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION: Extension of Proposition 400 by: Audra Koester Thomas, Transportation Planning Program Manager, Maricopa Association of Government. Audra Koester Thomas, Transportation Planning Program Manager with the Maricopa Association of Government presented on the Extension of Proposition 400 and answered the council’s questions. B. PRESENTATION: First Quarter FY23 Revenue Update David Pock, Chief Financial Officer provided the first quarter revenue update for FY23 and answered the council’s questions. 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. The following residents addressed the council under the Call to the Public. Barry Wolborsky, a Fountain Hills resident, addressed the council regarding the updated parking signs at the civic center indicating they still reflect no parking. Crystal Cavanaugh, a Fountain Hills resident, addressed the council regarding political signs that were removed at the Community Center, mentioning the inconsistencies in how the sign ordinance is enforced. 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. MOVED BY Councilmember Grzybowski to approve the Consent Agenda, SECONDED BY Councilmember Gerry Friedel. Vote: 6 – 0 passed – Unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember Friedel Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor McMahon Aye Mayor Dickey Aye A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of October 4, 2022. . 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE ACTION: Approval of System 4 of Phoenix Contract 2023-039.2. MOVED BY Councilmember Gerry Friedel to approve System 4 of Phoenix Contract 2023-039.2 and associated budget transfers, SECONDED BY Vice Mayor Peggy McMahon. Vote: 6 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember Friedel Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor McMahon Aye Mayor Dickey Aye B. CONSIDERATION AND POSSIBLE ACTION: Acceptance of public art for the Motor Vault Fountain Hills LLC. Vern Haugen, Principal of the Motor Vault, spoke on behalf of the art piece that will be installed and answered council's questions. MOVED BY Councilmember Gerry Friedel to accept the public art application for the sculpture and authorize it to be installed at the designated location at Motor Vault Fountain Hills LLC., SECONDED BY Councilmember Mike Scharnow. Vote: 5 – 1 Passed Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember Friedel Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor McMahon Nay Mayor Dickey Aye C. DISCUSSION AND POSSIBLE ACTION: To establish an in-house fire department staffed with town fire personnel, provide proper notice of ending agreement with Rural Metro in twelve or eighteen months, and to direct staff to develop a transition plan. Tim Soule, Fire Chief for Rural Metro addressed the council regarding the in- house fire department services option mentioning the good working relationship Rural Metro has had with the Town. Mayor Dickey opened the item up for public comment. The following residents addressed the council. Written Comments Bob Scarpetti Sherrilynn James Dave Long Barry Wolborsky, a Fountain Hills resident, urged the council to consider the use of a fire department that is part paid and part volunteer to meet the needs of the community. Lee Shattuck, a Fountain Hills resident addressed the council in opposition to the in-house fire department and would support renewing the contract with Rural Metro. Council-Elect Brenda Kalivianakis, a Fountain Hills resident addressed the council asking that this agenda item be tabled until the new council is seated. MOVED BY Vice Mayor Peggy McMahon to officially establish an in-house fire department with town fire personnel, provide proper notice of ending the agreement with Rural Metro in twelve to eighteen months, and direct staff to develop a transition plan to fully implement an in-house fire department, SECONDED BY Councilmember Mike Scharnow. Vote: 6 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Absent Councilmember Friedel Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor McMahon Aye Mayor Dickey Aye D. CONSIDERATION AND POSSIBLE DIRECTION: Presentation of findings and recommendations on the Town’s Law Enforcement Services by Matrix Consulting Group. Greg Matthews presented to the council the findings and recommendations for the Town’s Law Enforcement Services and answered the council’s questions. 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 Having no further business, Mayor Ginny Dickey adjourned the Regular meeting of the Fountain Hills Town Council held on November 1, 2022, at 8:16 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 1st day of November 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of January 2023. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 1 of 62 Post-Production File Town of Fountain Hills November 1, 2022 City Council Meeting Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 2 of 62 MAYOR DICKEY: Good evening, everyone. Please, stand for the pledge and remain standing. ALL: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Thank you. Please, remain standing for a moment of silence. Thank you, all. Before we do the roll call, I wanted to mention a couple of things. First of all, it's sad time here in the town of Fountain Hills. A pioneer in every sense of the word, Alan Cruikshank, has passed away. Our sincerest condolences and sympathies to his family, and our gratitude for everything he's done for our community. And I'm sure there'll be a lot more to come. Councilman Magazine and his wife, have been knocked down with COVID for the last couple of weeks and he wanted to make sure that people didn't feel that -- he knows his role and his duty, but that we understand that he remains committed to his position, but they've had a tough go of it. And last, I want to mention that for the town of Fountain Hills, we do rotate our vice mayor position every eight months. And I appreciate very much Gerry's service since last spring. He's gone above and beyond, and I have a funny feeling he'll still do that. And I look forward to working with Councilwoman McMahon, Peggy, as she'll take us through next June. And I want to thank you both for your service, very much. Now, we'll do roll call, please. MENDENHALL: Thank you, Mayor. Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor McMahon? MCMAHON: Here. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember Scharnow? SCHARNOW: Here. TOWN OF FOUNTAIN HILLS Page 3 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 3 of 62 MENDENHALL: Councilmember Spelich? SPELICH: Present. MENDENHALL: Councilwoman Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Magazine? MAYOR DICKEY: Thank you. Yeah, he's not going to be able to probably call in. Our first item on our activities; Grady, do you have anything to report? MILLER: Thank you, Mayor. Real briefly. Just wanted to do a sound out for the community services department. They put on a Spooky Blast event last Saturday. Our family had a great time there. I brought my two grandchildren there and their families, and we had great time. A lot of families were there, it was very family oriented. A lot of kids having fun in a very safe environment that we made. This is the second year in row. It used to be on the avenue, I think it was called Strolnic Low (ph.). And I questioned it last year whether this was the thing to do and I have to tell you that the staff just did a knock-out job on this. So kudos to the staff on that. Also, I know a number of you are going to mention this, so I'll just be very brief. But a couple of weekends ago, we had a Make a Difference Day and what a neat event that was. And those are all my comments, Mayor. Thank you. MAYOR DICKEY: Thank you. MCMAHON: Good evening. Yes, we did Make a Difference Day at the high school, which was fun. A little bit of dirty work, but it was good. And also the Spooky Blast was really, really great. I was helping out in booth volunteering and we had to cut the line off. The kids kept coming up and wanting to participate in the games, and it was after 8 o'clock, so we finally -- they were having so much fun, it was hard to tell them no, but -- This year, I think there was at least a third to a half more -- gee, a lot more people than there were last year, so it was really a successful event. Thank you to the town. FRIEDEL: Thanks, Mayor. TOWN OF FOUNTAIN HILLS Page 4 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 4 of 62 I had the privilege of attending the senior night game at Falcon Field Friday night. While the outcome wasn't what we wanted, it was great though to send the seniors off. They did a good job this year and really worked hard. And as Grady mentioned, we had Make a Difference Day and I served with Grady and we went to this gentleman's house for the second year in a row. So I want to give a little shoutout to Rick Toth. Out of his own pocket, came out and put down weed preventer and preemergent on this man's property so that we'll have a much easier time next year. So he did a great job by doing that and we really appreciate him stepping up and doing that. And then, the last thing is the Mayor and I attended the Salt River Shares Gaming grant luncheon and we were presented with a nice little token of their appreciation. These are hand engraved shells; a shell necklace that they gave us. And it was really quite an event and we were proud to represent the town there. So thank you. SCHARNOW: Yes, thank you, Madam Mayor. And let's see. Spooky Blast, I was there too, part of Noon Kiwanis, serving hotdogs and hamburgers. We sold out of hotdogs and so that was a good thing, and made some money that evening. And that was a fun event. Yeah, it seemed like a lot more people were there. So kudos to community services for that. And also, Make a Difference Day, again, with Kiwanis. And we did some landscaping as well at a woman's house. And she was at a rehab facility at the time so we didn't get to meet her but obviously, she had some needs there. So happy to help. And let's see, Red Ribbon Week. You know, we had the proclamation at the last council meeting and the whole week went great over at the middle school and culminating with Health Fair on Friday. We had all 400 kids from the school come through the gym and we had about a dozen tables set up for different messages and education. And it really went well. So I want to thank -- the drug coalition organized that. And then, on Saturday, I was part of the national DEA Take Back Day . So some of us from the coalition and the sanitary district helped out with the sheriff's office. Residents came by, dropped off unwanted or expired medications. And brought in 26 pounds of meds, so it was a good haul. So I'd encourage anyone who still has things at home they TOWN OF FOUNTAIN HILLS Page 5 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 5 of 62 don't need anymore, we do have a drug disposal box here in the lobby that's accessible whenever town hall is open. And you can just drop off those things any time during the week. And of course, as the Mayor mentioned, Alan did pass away. And of course, I worked alongside him for 32 years, so obviously sad news. But he lived a good life and there's going to be more in the paper next week, kind of a tribute to him. So I wrote up something about him. So it should be a memorable edition next week. Thanks. GRZYBOWSKI: I was going to talk about Make a Difference Day as well. My husband and I have dumpster duty every year and it's every bit as much fun as you think it sounds like it is, although it is easier now. Thank you, Justin, for bringing the backhoe, or whatever the thing is called, that I call a squisher. That always helps the task a lot. Then this morning, I attended the Phoenix East Valley Critical Infrastructure and Transportation Committee where I got to hear Audra speak, who's getting ready to speak for us here shortly. And I'm sure it's a very similar presentation. And that was my two weeks. MAYOR DICKEY: Thank you, Councilwoman. I wanted to make this announcement; I was asked. Since we are a purple heart town, marine veteran and Fountain Hills resident, Phil Yuen (ph.), had informed us that in coordination with National Flag Foundation, on November 11th, the 240th anniversary of the establishment of the purple heart will be observed across the United States. The National Flag Foundation and the Military Order of the Purple Heart, along with the Marine Corps League, have partnered for National Light to Unite. The plan is to have as many cities as possible across America light either purple or red, white, and blue in the evening on Veteran's Day. The goal is to bring much needed attention to the military or the purple heart and the many deserving purple heart medal recipients who find themselves in need on multiple levels. Pittsburg, Pennsylvania will light up first in the country, followed by the World Trade Center building, and then the rest of us as twilight comes. So please look for our fountain to glow purple on November 11th. And don't forget that we're on Earthcam Live, so share the news so that we can be seen worldwide honoring our veterans. TOWN OF FOUNTAIN HILLS Page 6 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 6 of 62 Our Fountain Hills Cares event was timely, also about veterans and we had a lot of resources there, websites and such. So if it's not on our website yet, it will be. A lot of information that will, I think, surprise some folks. Our Make a Difference Day, they made a video and we'll be showing that at our next meeting, but yes, it was as wonderful day. We worked at the high school and thanks, of course, to everybody that put this together in our community services department and all of the volunteers. At the Maricopa Association of Government's regional council, we had a Prop 400 economic development presentation, which I'm sure also Audra, who is a Fountain Hills resident, will talk a lot about that. I went to MorningStar for Hazel to declare Hazel Peterson Day, October 28th. Hazel was born in 1915 and it was her 107th birthday. And I understand that she was driving up until 103 and meeting her you can -- it was just a wonderful, wonderful afternoon. The Spooky Blast was great. As Grady mentioned, when they had done it along the fountain, but in the way past we always did do it at Four Peaks. So it was kind of a trip to be there with my granddaughters when I can remember very vividly being there with their dad. So it was very awesome. Oh, and they had a movie too, Hotel Transylvania. So that was good, because it was like real mellow from all the activity that Vice Mayor was talking about; to kind of go out there and sit on the grass and just watch the movie a little bit. I didn't last that long, but -- And then, again, that lunch was awesome. It's kind of amazing when you think about it. So Salt River throws this wonderful lunch and gives gifts to people that they're already giving grants to. So it almost felt like that we should give them lunch. But it was an honor to be there. We really appreciated that. Our next item is going to be a proclamation that -- I ask Vice Mayor, Peggy McMahon, to present, as Fountain Hills becomes a dementia friendly community and -- please take it, Vice Mayor. MCMAHON: Good evening. Dementia friendly community awareness proclamation is whereas according to the Alzheimer's Association, more than 150,000 people in Arizona over the age of 65, live with dementia. Impacting more than 262,000 family members and caregivers, with 53 TOWN OF FOUNTAIN HILLS Page 7 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 7 of 62 percent who report their own chronic healthcare conditions themselves. And this number is expected to increase by 33 percent by 2005 (sic). And whereas the community services department is working together to gather community leaders and experts in this area to better understand dementia and its implications. This team will evaluate the current strengths and weaknesses in the town to help improve outreach to those living with dementia. They increase awareness that it is possible to have a good quality of life with dementia and that there's more to the person than just dementia. Whereas the town of Fountain Hills is committed to helping remove the stigma surrounding dementia through information and to connect those in every socioeconomic group with the resources and the information they need. And whereas to proactively address public education, improve resource connections, and partner with businesses to bring awareness, the town of Fountain Hills is proactively working to become a nationally recognized dementia friendly town in 2023. Designation to be bestowed on the town by the Dementia Friendly America Network. Therefore, Mayor Ginny Dickey of the town of Fountain Hills, does hereby proclaim on November 1st, 2022, the town of Fountain Hills a dementia friendly community. And we call upon the community to serve people with dementia and memory loss and their caregivers, by providing awareness of local programs and services and emotional support. So yay. MAYOR DICKEY: Is there someone here to present that to? MCMAHON: So Linda is here for, who's the champion for this. MAYOR DICKEY: Linda, would you like to come up and get the plaque? Thank you. She'll meet you down there and then you can say a few words, if you like. RODE: Thank you so much. On behalf of the dementia friendly taskforce I'm really honored to accept this proclamation and be part of this endeavor. My husband was -- we live here -- my husband and I live here in Fountain Hills and two years ago he was diagnosed with dementia. So it's really changed our lives and we feel really blessed and honored and thrilled that our town has decided to draw awareness to this disease and support both people who have the disease and also their caregivers, because it's a 24/7 job for all of us. TOWN OF FOUNTAIN HILLS Page 8 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 8 of 62 Thank you. Thank you very much. MAYOR DICKEY: Thank you very much. Our next item is a recognition of outgoing board and commission member, the Honorable Enrique Melendez, for his service on the Sister Cities Advisory Commission. I've known this fine man for many years. He's devoted to Fountain Hills. Always, his actions are to treat others with respect and fairness and we've appreciated that over the years. I'm going to bring the certificate down. If you come up and meet me, I'll read it to you and then you can say a few words, Enrique. Thank you. Hold it. I'm going to grab the mic and read this, and then you can -- Thank you. Recognition of Enrique Melendez. We would like to take this opportunity to recognize the Honorable Enrique Melendez, who was appointed to serve as commissioner of the Sister Cities Advisory Commission by the town council in the month of June 2016. During his service on the commission, Enrique took an active role in all activities and projects that the commission undertook. His many hours of volunteer service, devotion, dedication, and contributions are sincerely appreciated by this council, his fellow commissioners, and all the town's residents. Whether serving our town as a councilmember or as a commissioner, Enrique is the embodiment of dedication, passion, and commitment to the interests of our community. Thank you, Enrique. I'm going to leave this here. So you can have that. MELENDEZ: Thank you, Mayor. I don't know if this -- MAYOR DICKEY: It's on, yep. MELENDEZ: I, first of all, would like to express the deepest sympathy from the Ministry of El Salvador, Mayor Oscar Gomez of Ataco, and the diplomatic corps of Arizona, for their loss of a giant in the community and a good friend, Mr. Alan Cruikshank. Mayor and Council, excuse my back. The Sister City program began with Alan Cruikshank and Jerry Miles in 1996. They both went to Kasterlee, Belgium, developed a contract with the mayor there, and that was the beginning of our Sister Cities program. Kudos to both of them who are upstairs. TOWN OF FOUNTAIN HILLS Page 9 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 9 of 62 I wanted to mention, Mayor, the support I've received from former mayor, Jerry Miles, who went to El Salvador five times with his wife. Mayor Wally Nichols, who went three times with his wife. And Mayor Sharon Morgan, who was very passionate about sending those 44 high school students to build 26 homes, and it's called Fountain Hills Village. So I know there are other sister cities in the organizations throughout the valley, but I think this is the one that we have the best. So I want to thank you and the support of the council and the community. MAYOR DICKEY: Thank you. MELENDEZ: Thank you. MAYOR DICKEY: Thank you. Thanks so much. Next are our scheduled public appearances and presentation. We will have a presentation from Audra Koester Thomas, who is the transportation planning program manager at MAG, and also a longtime Fountain Hills resident. Grady, did you have anything? MILLER: I just wanted to go ahead and introduce her. You did that very well. I am remiss because I did not introduce -- tonight we have our acting town attorney, Trish Stuhan, and I totally meant to include this in my comments before. But welcome. We appreciate you being here. Our town attorney could not be here tonight and we're very pleased to have Trish here in his stead. With that, I'll go ahead and turn it over to Ms. Thomas, who, as some of us have already seen with Maricopa Association of Governments, has a presentation on the extension of Prop 400, which is, as you're going to see, very critical not only to our community but also to the economic vitality of the entire region. With that, I'll turn it over to Ms. Thomas. KOESTER THOMAS: Thank you, Mayor Dickey, members of council. Special thank you to Vice Mayor McMahon for the invitation this evening to present on an occasion that I was hoping would be a completely different presentation in educating about a future ballot initiative that we expected to be on the ballot in two weeks. But instead, faced with a unique challenge, and luckily we're in it together here in the Maricopa TOWN OF FOUNTAIN HILLS Page 10 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 10 of 62 region, to continuing a dedicated half-cent sales tax first established by voters back in 1985. House Bill 2685 was surprisingly vetoed by the governor after seeing almost two-thirds of the House and Senate support this legislative session; taking us by surprise shortly after the 4th of July. The direction we have been given by our elected officials and regional council executive committee specifically soon after that veto, was to take on a three-pronged approach. First, immediately, begin to analyze what the mobility impacts would be of the veto. Second, to pull in legal counsel to evaluate all of our alternatives to seek an opportunity for voters' voices to be heard. And then third, to do an economic impact analysis associated with the continued extension or 25-year extension as the proposed House Bill 2685 had intended to refer to voters this November. I will present a slice of each of these as part of this presentation and certainly acknowledge the opportunity to answer any questions at the completion of today's presentation. So with that, I want to orient us with just a little bit of historical context. I think it's important to recognize what this place was and what it has become because of the dedicated half-cent sales tax first established by voters back in 1985. Known as Proposition 300, it became a reality after regional leaders heard that it would take 60 years, six zero, for the Loop 101, the initial segments of Loop 101 to be constructed. So it still wouldn't have been at this time. And that was deemed unacceptable at time of high growth and certainly a significant time in our history. And so our mayors got together and decided to tax themselves to be able to establish what we now know as the Regional Transportation System. This is what that world looked like back in 1986. You will see Interstate 17. Even Interstate 10 wasn't completed through the region. In fact, Deck Park Tunnel in Central Phoenix, was the last portion of Interstate 10 completed and that was just back in the early 90s. I'm sure many of you remember that. But really, this transportation network in our region was a collection of arterial streets. To get from here to there required going north, south, east, west, and back and forth, and it certainly wasn't an efficient route. And so mayors got together to establish, like I TOWN OF FOUNTAIN HILLS Page 11 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 11 of 62 mentioned, Proposition 300 which delivered this, what we know today as the Freeway Loop System. Loops 101, 202, the 51, and 143, amongst its achievements in the first 20 years of the tax. At the time, it was one of the first dedicated half-cent sales tax in the country. Since then, we have been copied and far surpassed in the amount of investment made, recognizing how often constituents value transportation for good quality of life. Our leaders came back together in 2004 and established a new program, known as Proposition 400. It's the current program we are under now. It helped to finish out the establishment of the Freeway Network, including Loop 303, opening South Mountain Freeway just a few years ago. Also became multi-modal, recognizing the urbanization of the region, our growing and diversifying transportation needs, helping to establish light rail. Opening of Streetcar just a few months ago in Tempe. What you don't see illustrated on this map are hundreds of miles of contributions to that important arterial grid network. It's unique for this region, having that contiguous network. It also serves as the backbone of our bus transit system which carries over seven million miles of bus service, supported by the half-cent sales tax, every year. It also wholly funds the ADA Paratransit that's federally required for our most vulnerable citizens, the seniors and disabled members of the community, using transit. The sales tax wholly funds that across the region. In addition, you don't see illustrated in this map the iterative widenings of the freeways, adding of the HOV lanes, important traffic interchanges, of course, that come with iterative improvements, or our other programs including active transportation, safety, ITS, and air quality. The outcomes of this investment over 40 years' worth of investment, we all know and recognize on a daily basis. Its saves us time; estimated to save you over a hundred hours each and every year, just the freeway network alone. Most of our jobs are located within a mile or two of a freeway corridor or a high-capacity transit corridor, and you see the compounding valuation of transportation investments that bring wealth and prosperity to us all. It's no wonder that our economic development partners put the transportation network front and center when they go out and look for the next brightest businesses to bring to TOWN OF FOUNTAIN HILLS Page 12 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 12 of 62 Arizona. Our friends at GPEC have assembled this map, demonstrating all of the different businesses and employers they've located to the region and you will see they are proximate to the high-capacity transportation network for which this region has built. And it is why they put the transportation network front and center, because it is what has developed and landed such important economic investments. And then most of all, and probably most importantly of all, our constituents very much get it. It's probably the part that's most frustrating about the veto. We weren't surprised at the completion of the planned development process that included considerable public engagement, because this is a plan by and for the public after all, that it was polling at over 70 percent support. Folks in this region uniquely value transportation investments. They uniquely value the long-range planning that has gone into this system. They don't know who's responsible. They're not sure who's necessarily in charge, but they very much value the investment that has been made over the last 40 years and desperately want to see it continue. So we're in this very unique position. After 40 years of demonstrated investment, our future is quite uncertain and we do not have a path to the ballot to continue important transportation investments into the future. This is the composition of our long-range investment plan that was unanimously adopted by our regional council. That's the 32- member agencies, including the town of Fountain Hills, that comprise the Maricopa Association of Governments. You don't take that unanimous support lightly. We worked very hard. Mayors worked very hard to make difficult tradeoff decisions to come to that compremetic (sic) plan. And what you see here is a very sophisticated plan that includes, not only the sales tax but a variety of other funding sources available to the region, including federal formula funds that come to the MPO, which is why we're designated, as well as the smaller thread that you'll see at the very top, which is the State Highway User Revenue Fund or our share of what was formerly known as the gas tax. And I'll talk a little bit more about that in a minute. What you see here is a 25-year plan of over $36 billion of investments. Last time I was here, I talked a little bit more about the capital investment plan itself. I won't spend as much time on that today other than just to acknowledge the several hundred different capital investment projects that we have included as part of the plan. TOWN OF FOUNTAIN HILLS Page 13 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 13 of 62 You'll see them mapped here. It includes important completion of our freeway network, completion of the HOV network, establishing of the SR30 in the southwest valley, completion of the SR24 in the southeast valley, complete reconstruction of I-17, that original piece of infrastructure I mentioned at the top of the presentation. Those important extensions of transit west out of Phoenix, as well as east out of Tempe, both through light rail and streetcar, and also bringing in new mode of transit to the region, bus rapid transit, for which we're very excited about it's potential. Provides a lot of the high- quality value of getting somebody from point A to point B, but at a significantly lower cost as light rail. What's also important to note about our plan is the dedicated programs we have set aside. You'll see that in the tangerine color in the lower left-hand corner. These are the programs, several of them already established at MAG as part of Proposition 400, but many that have grown because of the public engagement and feedback that we have received. These are the programs that our constituents say bring them the highest quality of life. They're the things that matter the most to them. Notably active transportation, you'll see $1 billion set aside for bicycle and pedestrian improvements. We heard loud and clear this was important to constituents. It's protecting our most vulnerable users of this system. We have a bad reputation as it relates to bicycle and pedestrian crashes in this region, notably. We want to go above and beyond to provide a safe way for those users to use our system. But you'll see continued investment in air quality. We are in a nonattainment area for air quality that requires us to meet certain targets to ensure that federal funding that we're also relying on, can continue to come into the region. A variety of arterial programs -- a new program, emerging technology, continuation of ITS, and other important investments. As part of the arterial program itself, there are several projects included in it. For the town of Fountain Hills I wanted to spend just a moment of time reflecting on those. You'll see our major arterials are articulated here where the region is poised to contributed over $17 million for Palisades Boulevard reconstruction. A $1 million for Saguaro reconstruction, as well as widening of Shea Boulevard of over $32 million. These are the regions share coming out of the extension of Proposition 400 for which TOWN OF FOUNTAIN HILLS Page 14 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 14 of 62 partnering with the Town, to be able to enable continuation and a reconstruction of these facilities. However, if we're unable to continue the dedicated half-cent sales tax, we will lose over half the funding available to the region. It will completely decimate the regional transportation system that we know today. So I want to talk a little bit about what those implications are. When were down at the legislature with House Bill 2685, we got asked a lot of questions and one of them was, why are you increasing the amount of funding of the sales tax to transit. And that answer is very simple. It's because that's what the public wanted. We heard loud and clear a deep desire to expand transit throughout the region, improve its quality, and we responded. At the end of the day, voters are the ones who are the final say on the dedicated half-cent sales tax continuation. We want to hear what they want and we delivered accordingly. But what's important is when you take all funding sources available to the region into consideration, by proportion of program, it's actually the arterial and programs that expand the most compared to Proposition 400. I want to talk a little bit about why that is. One of the major drivers of the need to expand our regional programs and arterial program, is because one very important revenue source continues to diminish in its value and that's the Highway User Revenue Fund, as I mentioned earlier. Sometimes referred to as the gas tax in this state. It is, and has been, the historic funding and revenue source to build, maintain, and operate the roadways throughout the State of Arizona. What you see here in this illustration, is the last 21 years of revenues that have come in from the Highway User Revenue Fund, adjusted for inflation. And what you see is in the year 2000, the state received more in highway user revenue funds than it did last year. During that same time, the state's population grew by more than 40 percent. We have not modernized or increased the Highway User Revenue Fund since 1991, and what you see here is an inverse relationship. We are using our roads more and more every single day and literally contributing less and less to their operations, maintenance, or even expansion. It's why there was so much pressure at the beginning of our process from towns like the town of Fountain Hills, as well as 31 other member agencies who submitted so many arterial projects and needs because the value of HURF is so TOWN OF FOUNTAIN HILLS Page 15 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 15 of 62 constrained. so what are the implications if we're unable to continue this dedicated half-cent sales tax? At least for the arterial program expect fewer new and improved roadways regionwide. It will limit agencies' abilities to respond to economic development opportunities. And the decaying condition of our roadways are only going to increase over time due to lack of funding to be able to maintain them. Moving on now to transit, the picture gets even more bleak. What you see in this map is the current transit system here throughout our region, including our express route that comes morning and evening here to Fountain Hills. What you see illustrated in the red are routes that are either wholly funded by the dedicated half-cent sales tax or partially funded by the sales tax. In other words, without a continuation of the tax, these are the routes that are at risk of discontinuing January 1st, 2026. There's a lot of red on this map. What's important to recognize is that we're probably under representing just how much transit's at risk. As I mentioned before, the sales tax also funds the federally required ADA paratransit costs. Those will then rest at local cities' levels to pick up without a dedicated half-cent sales tax. What that means is cities will either have to find even more revenue to come up with that shortfall or be forced to reduce the transit service they already have in operation, further contracting the system that we were told loud and clear by the public they wanted to improve and expand throughout the region. And then we come to the freeway program. This is just a selection of a few of the projects that we have in the investment plan for our freeway network. I want to point out specifically what's illustrated in this map is our booming economic development corridor throughout the region. It's no mistake that that projects that we have included in this plan not only support quality of life, but they're tied to economic development and the continuation of bringing high quality jobs into this region. You will see some of the most notable economic development corridors highlighted here, including TSMC, the largest foreign direct investment in state history, which is projected to bring over 11,000 jobs here to the region. All of these projects are at risk without the continuation of the dedicated half-cent sales tax. In short, the future of freeways looks bleak in this region. What funding is left is that of federal nature and will be largely spent on meeting federal performance targets. The TOWN OF FOUNTAIN HILLS Page 16 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 16 of 62 region will not be able to build any new freeways; there'll be limited expansions or modernizations of the existing facilities. And a question that we got asked a lot, well, can't the state pick up and run -- how about the bipartisan infrastructure bill that's bringing in a historic influx of funding into transportation? And while we appreciate and value all of those investments, they are not enough to make up the gap. We have a demonstrated transportation need in this region of $90 billion, and the investment plan we've put together only gets us to $36.7 billion of that need. The reality is we have a dramatic difference in needs and not surprising. We're the fastest growing region in the country. Fastest growing county in the country. And we have several -- the cities that are fastest growing in their different -- or different size categories. It's not surprising that we have tremendous transportation needs, but I think the amount of need is so dramatically different. So I talked a little bit about the implications of not continuing the tax. I want to pivot now to our economic impact analysis that we just completed. We partnered with a nationally renowned economic and finance group, EBP US. They're known for doing this kind of work nationwide. They have a renowned model called the TREDIS model that does this kind of work. We've used it before in the region and we're able to use our sophisticated transportation demand model in concert with our economic model to help understand really what the implications are of implementing the investment plan. And what you see here are its inputs, those projects that I've already identified under our freeway highway system, the arterial projects including those here in the town of Fountain Hills, as well as the transit projects. And we see a considerable amount of benefit, of course, to all of them. But it was important to quantify them and so I wanted to provide just a few of those results to you today. What you see on the left side is just some of the immediate impacts. We see a decrease in congestion across all modes and purposes with this investments package. And that's important to recognize since we are still so fast growing in this region. We're going to add in a couple more million people during the same horizon. We're still seeing a decrease in congestion from today with the improvements that we included in this plan. Speeds across all modes increase by one or two miles per hour and that may not seem like a lot, but when you take that in aggregate, for every trip you make every single day, TOWN OF FOUNTAIN HILLS Page 17 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 17 of 62 and everyone -- your neighbor makes, as well as the person that you know back in Buckeye, that at an aggregate level is significant and adds to a considerable amount of time travel savings. And we also see an influx in transit trips. We weren't surprised by that, we're adding quality transit as part of this plan. So what does that translate to in terms of economic societal benefit? We see the time travel savings alone, calculating at approximately $73 billion over the 25-year investment plan. Of that 40 billion is coming from business time and reliability savings. And then just freight interests alone are seeing a benefit of 4.4 billion. And why is that important; because those savings get reinvested into the economy. Keeping those dollars circulating longer into your economy, especially the region's economy, is what builds wealth. It's what brings prosperity. It's why we all endeavor to do good economic development. That's why it's so important to capture just how much those savings are, because when they are reinvested into the region, you see these kinds of outcomes. We're expecting net new businesses to increase their sales by over $113 billion over 25 years. Just the region's net economic activity to grow by $60 billion. Our salaries to increase by 40 billion. And the plan itself is expected to bring and sustain over 31,000 jobs each and every year. And these aren't just any jobs. These are medium to high wage jobs. These are the jobs elected officials in this region, over the last 20 and 30 years, have endeavored to bring to this region to make it more sustainable. These are high quality jobs that have taken a generation to develop and land here in the region, for which we are now risking. So what are some of the key takeaways? Clearly the loss of the dedicated half-cent sales tax will be detrimental to the transportation network here in this region; it is our notable competitive advantage. We will lose out to our competitive regions across the country for new economic development. The region's economic network has led to the economic prosperity that we see today. And it's our competitive edge, as I mentioned. Without continuing the dedicated half- cent sales tax, the cost of doing business is going to increase, local sales will be reduced, and we're going to lose high quality jobs. And I think this is the most important point that I want to leave you with, timing is critical. Enabling legislation that are opportunity to do a direct referral to voters, is TOWN OF FOUNTAIN HILLS Page 18 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 18 of 62 needed as quickly as possible, because it's costing us money. We are the only county in the state that has to go to the legislature for a direct referendum back to our voters for a local initiative. All other 14 counties have the ability to go directly to their board of supervisors to place a question on ballots up to one cent. Pinal County has an election just in two weeks. If they're successful they will be up to one cent of a sales tax for transportation, while we still do not have a path to the ballot. The costs are significant. SR30 in the southwest valley, the center segment between Loops 303 and 202, is about a $2.5 billion project. It's unique. It's complex. There are some constraints associated with delivering that project. But with the veto and the lack of a path to the ballot, we're expecting a minimum of a two-year delay to that project. The inflationary costs alone that taxpayers will have to eat, if we are able to find a successful path even in the near term, is estimated to be about $300 million for that project alone. So there are real consequences ultimately to the action this summer. But I want to end on a positive note. You'll see pictured here our transportation policy committee. This is the public-private partnership at MAG that is responsible by state statute, for developing and being stewards of the plan itself. It is a partnership of our local elected officials, as well as six members of the business community that are appointed by the legislature to endeavor on this partnership. You'll see pictured here the day that the plan was unanimously recommended for adoption. Regional council, the next day took action and unanimously adopted the plan and I can tell you and report out that Mayor Dickey, alongside her fellow mayors and elected officials have reaffirmed their support for the plan. Encouraged us, as quickly as possible, to find a pathway to the ballot. We've been endeavoring on that front, including as I mentioned earlier engaging legal advice to find alternatives, or the best path forward and we continue to appreciate your support in doing so. So that completes my presentation. Mayor Dickey, members of council, I'd be happy to answer any questions. MAYOR DICKEY: Thank you so much. Yes, Gerry? FRIEDEL: Audra, I have no doubt that the $113 billion more in sales that we'll lose if this doesn't get, will affect our sales tax revenue. So my question for you is, one, you're TOWN OF FOUNTAIN HILLS Page 19 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 19 of 62 looking for a path, hopefully you find that 25-year extension. Why don't we make it 50 years so we don't have to go through this again? KOESTER THOMAS: Mayor Dickey, members of council, that's a great question. I will step back to 2001 and say tandem to the motion to adopt the plan there was another piece that came corollary to that and that was to find parity and endeavor to find parity with the 14 other counties in the State of Arizona. So we have standing authority just like they do and don't have to go back through the path of the legislature. I will tell you that the previous two, Propositions 300 and 400 were both 20-year plans. This is a 25-year plan, in part to fit all of the highest of high priority projects in; I want to qualify that. One of the things we were told by the legislature at the beginning of this effort was do not go over a half-cent sales tax. That was instructions given to our elected officials, even though we saw considerable public support for more. And I mentioned already we demonstrated $90 billion worth of transportation need throughout the region. But our mayors came together, made a lot of compromises and tradeoffs to get to and retain that half-cent sales tax, not to go over that threshold. But in order to keep the most highest priority projects in, the decision was to make it 25 years. The extra five years to affirm projects up to the year 2050. That was the direction the legislature gave us, we delivered that accordingly. But I will tell you that there is even more sense of urgency in finding a resolution to ensuring that Maricopa County has standing authority for the future, so when the public and our elected officials endeavor to do so, we have an easier path to the ballot. MCMAHON: Thank you very much. I appreciate it. I need some clarification please, on the regionally supported projects in Fountain Hills, the Palisades Boulevard. Are those funds available now? Are those funds we're going to lose if 400 doesn't go through? A little bit of clarification, please. KOESTER THOMAS: Mayor Dickey, members of council, Vice Mayor McMahon. Those are projects included in the investment plan supported by a continuation of the dedicated half-cent sales tax. And so without the dedicated half-cent sales tax those projects, the 200 others and the $36.7 billion of the entire program is at risk. MCMAHON: Thank you. MAYOR DICKEY: Well, I can feel my blood pressure going up as you went on. So you TOWN OF FOUNTAIN HILLS Page 20 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 20 of 62 mentioned 32 member agencies. I'm probably not going to end up with the question, it's just 32 member agencies, a bunch of mayors, bunch of other organizations, every party, every agreement, everybody has their own local wants, and yet after months and months and months we came together with a plan that was accepted by all of us unanimously, all the subcommittees, and brought it forward. And the 25-year thing was actually a sticking point because they were like, should we, dare we go above the 20? So we went to the 25, didn't go with the more than the half-cent, which obviously we haven't even been able to pay for the projects that were already in Prop 400 in the first place. So it was like even if this passed, a lot of it was going to have to be used for what was already passed. So we get through that, then we go to legislature, you know, big deal. Lot of meetings and just really successful. It passes the legislature, right? This veto was a shock, a stunner, and still have no idea why it happened. So that, of course, goes along with the idea why does Maricopa County need -- we did get it through the legislature, so I'm not even that worried about that part of it. But that does lead to needing the signature. So that's what happened there. Maricopa County is the MPO, the Metropolitan Planning Organization for this region, which is again, planning is something that sometimes gets muddled as to the value of it. These former maps that you just showed us, as they brought us into now, just shows you the value and the necessity of proper planning. I think when you look at the HURF funding, it reminds me a little bit about what's going on with the school districts. All these school districts across the State of Arizona are asking for overrides and bonds and such, because the state funding, as with transportation, is inadequate to keep up with our needs. They both point to that same sort of issue where we're not getting it from the State of Arizona, yet education, transportation are job creators, they're business magnets. You ask anyone, anybody that you're talking to, anybody Amanda talks to, what are you looking for? Excellent education, access, access, access. So how are you going to bring these headquarters? How are you going to bring these professional CEOs and their families and the branches and the entrepreneurs here. We want something one way, but you're not providing what they need to make that happen. Fountain Hills had 13 projects. Some of them were real wish list kind of stuff, but we had a couple of transit things. Maybe our bus route isn't utilized as much as much as it TOWN OF FOUNTAIN HILLS Page 21 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 21 of 62 could be, we had some transit. We had an important intersection improvement for 87 and Shea Boulevard. Well, yeah, we would have been happier if more than three or four of them got accepted, but it's zero now. It's moot on what was accepted, because right now there is nothing. And when we had this presentation at MAG last week, I mentioned at the time -- because we all do feel protective of our own areas. So what if the road committee comes back and says Fountain Hills needs a road bond. School districts always need bonds and extra money. Well then you start to say, okay, you're playing games with our planning, because we have different times that we're allowed to ask for these things and now what's the possibility of next November having three different things on the ballot, which is hard for voters to accept. So then you have your own full throated support of this, kind of like yeah, we really need, X, Y, Z in Fountain Hills or Goodyear or whatever. So the whole thing very frustrating. It feels like, really like they played games or the veto played games with a ton of mayors and staff and time and it's very, very frustrating and we will do what we can to move this forward in a way for our entire region, for the state. I mean this is Maricopa County, it affects the entire state. And so again, I could just feel the heat when you were going through this because it's really been years of planning for this and it was very, very unfortunate. I didn't know if anybody else would have any questions or comments at this time? Yes, Mike? SCHARNOW: Yes, thank you, Madam Mayor. I was just wondering and I know there's going to be a lot of turnover in the legislature and obviously, it's going to be a different governor. I'm just wondering, and you can look at that two different ways. It could be a good thing, it could be a bad thing, and I know you don't have a crystal ball but you have any -- I'm sure you've met with some of those newer folks already. You get any inclination from them or -- KOESTER THOMAS: Mayor Dickey, members of council. Well, I'm not going to bet on politics anymore. I think this summer taught me a lesson. But I will say we've been monitoring all of that very closely. It's projected to be the largest incoming freshman class in memory to the legislature, so that's a huge education curve certainly. We lost important votes, including our bill sponsor, including the speaker of the house who's TOWN OF FOUNTAIN HILLS Page 22 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 22 of 62 largely responsible for getting us over the finish line at the end. I do want to acknowledge the success we did have in the legislature, almost two-thirds of both the House and Senate; that's remarkable given the current political climate. So I want to acknowledge the success we did have in getting through the legislature, but we lost a lot of those individuals who were yes votes certainly. So we have a variety of alternatives that we're evaluating. We do have to go through the state legislature in order to have the direct referral, as I mentioned. So we have been working with our legal counsel on a variety of alternatives. Some of them are short term, some of them are longer term lead, to enable perhaps success at the end of the day. So we're working closely with our executive committee of mayors who are providing that direction. We'll continue to seek their direction on when and how to deploy accordingly, but know that there's a lot of work happening behind the scenes to feverishly find a path to the ballot for Maricopa County voters and so they're not disenfranchised on this matter. MAYOR DICKEY: Thank you. And probably no one's worked harder than you. And we really appreciate it. She's been right in the center of this for a long, long time. So I want to really thank you and it always makes me feel good to see you up there because I know you're from here and so I know that you care deeply and we appreciate that. KOESTER THOMAS: Thank you, Mayor. MAYOR DICKEY: Thank you. MCMAHON: Thank you. MAYOR DICKEY: Our next item is Mr. Pock is going to come up and give us an update on our quarterly revenue and I don't know, I glanced at it -- well, actually I did more than that. Maybe there's a little bit better news after what we just had. POCK: Exactly. While I'm pulling this up, I will say that I did get a text message from an employee and if you're driving a maroon SUV in the parking lot, your lights are still on. So and I didn't get this pulled up, even while I did that. All right. So before we get into the first quarter update, I did put together a slide for fiscal year '22. Overall, we had a really good year. Our general fund revenues exceeded expectations by almost $2 million. Our general fund expenditures were $5.7 million less than what we had budgeted. That includes the $4.2 million that we received from ARPA TOWN OF FOUNTAIN HILLS Page 23 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 23 of 62 and the savings that resulted from that. Our audited year end fund balances will be available when the financials are presented in two weeks. Our audit results are in and those will be presented to council then. After all of our reserve requirements are met and then the suggested fiscal year '23, the current year transfers are made, a total of 3.7 million will be transferred to the capital projects fund. and then $4.2 million of this year's, current year's revenues which will, again, result from the ARPA savings, will be transferred to the Streets Fund for work there. So now we'll get in to the current year, first quarter. Again, we're off to a really good start. Our overall TPT revenue collection was up for the first quarter, exceeded our expectations. The net taxable activity across everything that happens within the Town that is subject to TPT, that has increased about ten percent over fiscal year '22, for the same period. And then we've also had modest year-over-year increases in each of the categories for TPT. State shared income tax revenue is significantly higher than it was last year. You'll see this towards the end of the presentation. Unfortunately, we're not going to meet the League's estimate though. They're not coming in quite as high as what the League expected. But we'll deal with that as it goes along. The other notable part to this is that the HURF money that Audra was just talking about in her presentation, those receipts aren't quite as high as they have been in previous years. As you know, higher gas prices reduces demand and since HURF is per gallon and not per dollar, that's taken a hit. Not a huge hit but it's noticeable. So as far as that net taxable activity, you can see that compared to the prior four years. The total activity was just under 139 million for the quarter. As far as the total TPT collection across all categories and for all funds, we had budgeted just under 3.7 million for the quarter. We collected almost 4.5, so that was a good increase -- $830,000 more than what we expected. However, 450,000 of that was from an audit collection; that's obviously a one-time audit, so we won't have that. That's why it's so much higher in that first month of July; 380,000 though was due to increased activity. And then again, it was 850,000 more than last year. Retail sales is obviously our largest category. We had budgeted 2.08 million, we TOWN OF FOUNTAIN HILLS Page 24 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 24 of 62 collected 2.21 million, 130,000 more than expected and an increase of $280,000. And I'm not sure, either I'm going colorblind or my presentation got a little mixed up. But we've got two yellow lines there. The good news is that fiscal year '22 is the one on top of the other one. So we are growing in the right direction. The next one is construction category. This includes prime contracting and speculative builders. We budgeted 480,000, we collected 939; it's no surprise that this is the category where that audit collection was made. But we still had $9,000 more than expected and 47,000 more than last year. The very consistent chart for transportation, utilities, and communications category. We had budgeted 313,000, collected 484; it's 171,000 more than what we thought we'd receive and an increase of 7,000 over last year. Real estate, again, you can see that these charts over the past four years are staying pretty consistent among these categories; which is great to see. And they are growing from year to year, which is even better to see. We've budgeted 239,000 for this category, collected 258; again 19,000 more than expected with an increase of almost 40,000 over last year. Restaurants and bars, budgeted 246, collected 268. $22,000 more than expected and an increase of 5,000 from last year. This is really good to see especially since that's usually the first category to get hit when things start getting bad. So it's good. The next one, also very volatile and susceptible to economic conditions is services category. We had budgeted 290,000, collected 317, it's $27,000 more than expected over those three months and an increase of 21,000 over last year. So then we get to the state shared revenues. The state shared sales tax did very well. We budgeted 852,000, collected 836. That's slightly below what we expected but it's still pretty close. So it's better than we did last year as you can see from the graph. And I think we will probably make up that difference during the busier months of the year. The income tax I've already talked about a little bit. You can see how much higher it is for this fiscal year, however, it's not quite exactly as high as what the League estimate was. And that should stay pretty even. Hopefully, that one doesn't move. Then the HURF revenues that we talked about also. We had budgeted 472,000 and we've collected 417 over three months. You can see there in the graph that it's well below last year and I do believe that's just due to the higher gas prices and lower demand. TOWN OF FOUNTAIN HILLS Page 25 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 25 of 62 MAYOR DICKEY: Let me just point out that the reason that happens is because the gas tax is based on gallons. POCK: Correct. MAYOR DICKEY: So you would think all this crazy pricing would bring in more sales tax but it does not, and it's been that way for many, many years. POCK: Absolutely. And then the vehicle license tax is fairly consistent across from last year. We budgeted 282,000 and we collected 287,000. So with that, that's our revenue update for the first quarter. I'm very pleased as far as where we are in the economic conditions and that sort of thing right now, that -- MAYOR DICKEY: Thank you. POCK: -- we're doing pretty good. MAYOR DICKEY: Questions? POCK: Any questions? MAYOR DICKEY: Comments? I just wanted to mention that we need to be aware, and I don't know how it's going to relate to what you just gave us. But there are candidates and sitting legislatures, including last year, who proposed eliminating sales tax on rentals and eliminating sales tax on groceries. So I know that the reasoning for that is to help individuals, but it will have a minimal savings on individuals and it could really hurt cities, especially like us, that really, really depend on that kind of thing. So for example, you had 250,000 rental sales tax in the first quarter. You know, I'm not sure how that might relate to that but I mean if it went away totally that would be a lot, because times four, and per year. And then the retail we had 2.21 million, and I don't know how much of that is groceries, but 2.21 million per quarter. So however much of that is groceries and I know there are some reasons why you can't hone in on what everything is, but if that was eliminated we'd have a lot of decisions to make to make up for that. Again, it's a kind of a drastic effect on municipalities and probably a minimal actual real help for folks with the rent and such. Yes, sir. MILLER: And those candidates are just one vote. You still have to get it through. TOWN OF FOUNTAIN HILLS Page 26 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 26 of 62 MAYOR DICKEY: Yeah. And last year though, you know how the actually proposed getting rid of the rental sales tax and I know that they were thinking in terms of people needing to pay their rent, but it would end up saving them 30, 40, whatever bucks a year or maybe a little more. But not enough to be able to actually save that. So they did turn that into a study committee, which I hope -- but I'm almost positive it will come back. But you're right and that's what we need to hone in on that, right? Any other questions or comments? Thank you, David. MCMAHON: Thank you, David. MAYOR DICKEY: Next is our call to the public. Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. You should have in front of you a letter from a George Kasnoff. He was going to appear in person. George, are you here? Okay. You have what he wrote, so you can read that. And then we have also at your dais, there is an email from Barry Wolborsky, but he's also in the audience and would like to speak. MAYOR DICKEY: Thank you. WOLBORSKY: If I do this often enough, you'll all get my name right, I guess. So I'm back to speak about the parking signs in front of the civic center and I wrote you that and showed you pictures of the signs before and after, which are not much changed. I thank Mr. Miller, he did send me a response as an email and he spoke to me a little earlier today. I understand the reasons why there needs to be some control over that parking area because we really don't want undesirable things happening in that lot. And I'm all in favor of not having undesirable things happen. I think still, the signs are very confusing as they say, parking only for civic center use. I understand that that's -- how can I say it? It's partially enforced or it's enforced on certain things but not enforced on other things. Which doesn't strike me as being a good law or a good regulation. I think some other things should be investigated, like maybe putting a number of hours of parking that are allowed in that area, so four hours or three hours, which would eliminate probably everything that Mr. Miller said was a problem there, but would still allow people to park there for events down at the fountain or events on the avenue. and a lot of those are coming up really soon; Farmer's Market starts this week. TOWN OF FOUNTAIN HILLS Page 27 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 27 of 62 And then we have a whole bunch of events between now and the end of the year. So I think it would be good to get those things clarified so that it's just not me and Mr. Miller and you guys and the people here who understand what it means, but that anybody who reads the sign can understand what it means. So that's all I've got. Thank you. MAYOR DICKEY: Thank you. MENDENHALL: Next we have Crystal Cavanaugh. CAVANAUGH: Good evening. I wasn't actually going to speak about anything tonight, but once again something has occurred and I can't help but feel that the code enforcement department is being utilized as a weapon by removing select political signs when certain community members disagree with the message. The most recent example is today, when a perfectly placed four by four orange and blue sign against the bond and override, that was located at the entrance to the community center parking lot went missing. The sign was put up on Friday at sunrise and remained there until today as is legal, this last week in the election. Along with other likeminded signage. Coincidentally, when signs from the other side of the issue and other side of the aisle were put up today, suddenly code enforcement was alerted. And when our sign was discovered missing, a police report was actually filed by a member on our committee, as we needed to do many times before during the town council race. But after I spoke with code enforcement, they told me that they did indeed remove the sign. Of course, no one called us to inform us of this as is required. It just happened to be discovered by us on our own. I asked him why remove it; this was an approved and legal location according to the sign ordinance. He said because it slightly encroached over the sidewalk and there had been a gentleman using a motorized vehicle that it interfered with. Really? I have a photo that shows exactly where that sign was and it does not interfere with anything. In addition, during the recent town council election, a different four by four sign had been placed in this very location without any issues, because the placement is legal. In fact, we use the very same holes in the ground. When the new council is seated, I strongly urge them to remove this convoluted sign ordinance that seems to be open to interpretation with rules and excuses being made up as needed to single out opposing TOWN OF FOUNTAIN HILLS Page 28 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 28 of 62 political views. This is a misuse of our town government and it must stop. Thank you. MENDENHALL: Mayor, that's it for public comment. MAYOR DICKEY: Thank you very much. Next we have our consent agenda. Any motion, please? GRZYBOWSKI: Move to approve. FRIEDEL: Second. MAYOR DICKEY: Thank you. All in favor, please say aye? ALL: Aye. MAYOR DICKEY: Our regular agenda item, our first one, is about System 4 of Phoenix Contract. Grady MILLER: Yes. Just quickly. This is a routine item but I've asked Rachel Goodwin to go ahead and give a little bit of a brief report on this item, because there were a question or two from councilmembers. So with that, I'll turn it over to Ms. Goodwin. GOODWIN: Thank you. Again, this is more of an internal cleanup if you will. Earlier this fall, council approved a contract, a cleaning services contract that we use for this building and for the community center. We also use them for our parks and when that contract was drafted it did not include the parks. So we had two concurrent contracts running. The parks side is running out, it ends this calendar year. So it will end at the end of December. So in an effort to try to consolidate and have one master contract so that it was easier for procurement as well as payment and tracking, we went ahead and updated the contract to piggyback on the existing on that was approved earlier this fall. So tonight's request is to approve the System 4 of Phoenix Contract amendment and the associated budget transfers to consolidate everything into one. Any questions I can answer? MAYOR DICKEY: Thank you. Any questions? Do you have speaker cards on this item? MENDENHALL: Mayor, we do not. TOWN OF FOUNTAIN HILLS Page 29 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 29 of 62 MAYOR DICKEY: Thank you. All right. Can I get a motion? FRIEDEL: Move to approve System 4 of Phoenix Contract 2023-039.2, and associated budget transfers. MCMAHON: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thanks, Rachel. GOODWIN: Thanks so much. MAYOR DICKEY: Do you have this next one too or -- GOODWIN: I do. MAYOR DICKEY: All right. GOODWIN: I'm just looking for our PowerPoint here. MAYOR DICKEY: Thank you. GOODWIN: I believe this is it here. Here we go. I'm just going to go -- let me just -- the next item is a public art item. So per our town policy, we have a new commercial building being constructed on Desert Vista, which is sort of -- there's a map here. It's kind of hard to explain. It's back by the dog park, if you're familiar with the dog park. I believe it was a former location of a church and/or storage unit. There was several things back there but it is now being constructed for vehicle and storage. High-end vehicle and storage. It's known as Motor Vault. So this is the location here. And per our policy, again, any commercial construction is required to contribute to our public art fund and/or contribute a piece of art equivalent to. So the proposed public art piece is a replica of the American icon, the Ford GT, which is shown here. But it will not be life-sized. It will be a smaller version. Good try. But bigger than a matchbox, how about that? Somewhere in-between. So this is the rendering of it. It is a stainless steel sculpture. Gives you an idea it would be placed up on a pedestal. Measuring roughly 72 inches by 48 inches in height. The piece is being commissioned by artist, Jamie -- I'm going to butcher the last name TOWN OF FOUNTAIN HILLS Page 30 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 30 of 62 here, I believe it's Schena. He has been an industrial designer. You can see some of his work here. He does one of a kind custom sculptures and also works with General Motors for their design process. So he has been commissioned for this piece. Regarding the policy and the financial requirements, again, any commercial development is subject to this. Motor Vault is required to either put in a piece of art or contribute three-quarters of a percent. The estimated cost of construction is 3.7 million, therefore they qualify, at three-quarters of a percent, which is roughly $28,000 and the piece between the commissioning, the design, the installation, and then the supporting landscaping and lighting is a rough contribution of about $30,000. So they meet all of the requirements. I believe we have someone here tonight with the program, so he can certainly answer any questions, as can I. So we are looking for council approval to move forward with this project. MAYOR DICKEY: Thanks very much. Any questions for Rachel? Yes? MCMAHON: Rachel, the purpose of the art for the town, right? Is it for the town to benefit by it, correct? GOODWIN: Correct. MCMAHON: And who's going to own this particular piece of art? GOODWIN: When a group decides to install a piece on their property, that is private property, therefore they are required for maintenance and care and upkeep of that piece. So they would be the responsible party for the art piece. As is any privately located art piece. MCMAHON: Okay. To me this seems very self-serving. They can either pay cash to the town as far as our art fee, or have a piece of art that benefits the town in some way. I mean they have a beautiful building designed here. Personally, I don't see what the purpose of a car would be in front of it. I don't know how that's going to benefit the town as far as contribution. So it seems to me -- like I said, it's more self-serving than really giving something to the town. GRZYBOWSKI: Personally, I don't have a problem with the car. I understand what it is the business is doing and the car is pretty darned cool. Life-size would be better, but all TOWN OF FOUNTAIN HILLS Page 31 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 31 of 62 right, whatever, I'll take 72 by 48 if that's all we can get. My disappointment is that it's not in public viewing area. If I remember the drawing, it's you really have to go onto their property to see it because it is only 72 by 48, so it's not visible from the street. I kind of feel like -- I know the art folks have already approved -- the art committee has already approved it, but I feel like when we ask for art -- it's great, he tied it into his business. I don't have a problem with that. My problem is if somebody wants to see it they actually have to go onto the property to see it. Otherwise, I think it's spectacular. MAYOR DICKEY: Mr. Spelich? SPELICH: Thank you, Madam Mayor. I would like to say for the first time in four years, I'm voting on an art piece that I don't have to stand and look at for a half hour to wonder what the hell it is. So I love it. I'm a car fanatic. If you want to put it out a little bit farther so the public can see it, have at it. We voted on stuff that I doubt a lot of councilmembers even knew what it was that we were voting on. We recently voted on something that I won't get too blue, that -- not you, blue. But blue that I didn't know what it was and everybody that asked me to please not vote for it, thought it was something really what it wasn't -- read between the lines. So I'm a 100 percent for this. If the owner would like to speak to the Councilmember and the Vice Mayor's concern about it being hidden, but as far as the actual look of it, I think it's awesome. HAUGEN: Thank you, Councilmembers. Vern Haugen, I'm one of the principals of the Motor Vault. It's actually right off the street. We're putting it out in the landscaping right in front of the parking. It's not inside our grounds or anything. We'll put it anywhere out there and it will be on stainless steel pedestal, be concreted in the ground. Art isn't a -- the eye of the beholder; I look at some of the art, I'm like, yeah. The car culture in Fountain Hills is huge. The car show you guys have here is the largest car show in the world, right now. The Avenue of the Fountain -- or I mean, Concours in the Hills. I don't know if you've been to it, but I mean it's unbelievable. And some of the car guys told me it is the top one in the entire world. And I can vouch for it because as we open these garages that these guys will put their car collections and stuff in, you can't believe how many people come out of the woodworks with car collections like you can't believe. So I think this will be a really neat asset for TOWN OF FOUNTAIN HILLS Page 32 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 32 of 62 the town. There's small lots where you don't put anything, we're trying to have a kind of a nice club atmosphere to it and things. And so where we're going to put it, we will put it out in the front. We'll put it out -- I mean there's the parking, we just put it out in front. I mean it is visible from the street. We're trying to put it up on something height-wise. We'll get it up where it's high enough where we can light it, where you can drive by and see it. Especially, we spent $30,000 on something, we want it to be on display. MILLER: And you don't have a problem with people coming and taking a picture of it either then? HAUGEN: No. MILLER: Okay. HAUGEN: This kid we -- I mean I started to look everywhere for this art and this guy that's making this, is unbelievable. Like, he makes scaled cars of -- let me show you. Like, he'll copy cars inside and out. The motor, everything, out of -- welds it out of little pieces of stainless steel. This thing is going to be really cool. And this is his first public art installation of a big piece. So he's really excited about it. And so I think this will be really nice. So we'll get it out and display it best we can. We want it for people to see it. MAYOR DICKEY: Thank you. HAUGEN: Any other questions? MAYOR DICKEY: No. Thank you very much. Appreciate it. HAUGEN: Thank you. MAYOR DICKEY: Mike, you have something? I guess when I think about whether they decide to put the art in their project or as part of their project, it's to make their building look nice. I think this is exactly the right use for something like this. And I think it's great. Any other questions or comments? Do we have any speaker cards, sorry? MENDENHALL: Mayor, no we don't. MAYOR DICKEY: All right. Thank you. Can I get a motion, please. FRIEDEL: Move to accept the public art application for this sculpture and authorize it to be installed at the designated location at Motor Vault Fountain Hills LLC. SCHARNOW: I'll second. TOWN OF FOUNTAIN HILLS Page 33 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 33 of 62 MAYOR DICKEY: All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed. MCMAHON: Not opposed. MAYOR DICKEY: Thank you very much. GOODWIN: Thank you. MAYOR DICKEY: Our next item is -- we're going to talk about our previous item that we've talked about. Our in-house fire department. Grady, I'll start with you and go from there. MILLER: Thank you, Mayor. Mayor and council, just for the sake of the public, I just wanted to remind the council and let the public know that we had a fire services study evaluation that occurred and the presentation was given to the council and its work session on August 23rd. And during that presentation the firm, McGrath Consulting gave a very glowing report on Rural Metro and talked about how Rural Metro had been doing a great job of meeting all of its contractual obligations. Part of what the firm's responsibility was and mission was to go and actually look at other models of potential emergency medical and fire service delivery options. And in addition to that, there were other options that looked at the possibility of contracting, for instance, with the City of Scottsdale. Looking at potential for intergovernmental agreements with, like, a fire district and also then finally, looking at in-house. And in-house had two options. One was bring an in-house with our own fire personnel and other option was bring an in-house with the consideration and moving towards automatic aid. Last month, then we didn't really have a lot of time, because as you recall we also had the police review; that was the same night. So it got to be a late night. So at the meeting last month, on October 4th, the council had an opportunity to kind of hone in on two of the primary recommendations, which it appeared that is -- the two that were most viable were either continuing with Rural Metro or bringing in the fire department completely in- house. As you know, we have a hybrid model right now. So all of our equipment and fire stations are owned by the town. The difference would be -- is that Rural Metro's TOWN OF FOUNTAIN HILLS Page 34 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 34 of 62 currently providing the personnel to staff up our fire department. So with that, the council then, later took action. They had two options for consideration. One was either to continue longer term with the contract, the current hybrid model with Rural Metro or to give direction to staff that they had a desire to bring this in-house. So tonight before you is an action item based on the unanimous decision that we had last month for us to give proper formal notice to Rural Metro to bring in the fire department in-house completely. And so as part of your consideration, obviously there's going to be discussion tonight, but as part of your motion that you would consider is not only to provide proper notice of ending the agreement with Rural Metro in 12 to 18 months, but also to direct staff to develop a transition plan. Transition plan's very important because we want to make sure that we do all the right steps, in the right order, in priority to make sure that when it comes time after the contract has been terminated that we 're ready to turn the key and all of a sudden have our own in- house personnel to run our own fire department. I did want to let you know that last week I did have -- our fire chief and I had a chance to also discuss in greater detail with Chief Soule, who is also here tonight and who was also at the August 23rd workshop when this was presented for the first time. And I know he also has some prepared comments that he would like to make as well. But on one of the things I did want to point out is, as part of the transition -- tonight, I know its either suggesting a 12 or 18 month, there was an idea that came out of that meeting that we had in that perhaps if you were to consider tonight and take action, that you give 12 month notice. So that would be January of 2024, with the option if there were something going on and we knew during that last 12 months if things weren't going quite as well, that we can also have the option of doing a six-month extension of the contract. So that would get us to the 18 months, if it's needed. It might be very well that we can do this within the 12-month period. With that I'd be happy to answer any questions. I do know that Chief Soule is here and he was wanting to make some comments regarding this matter tonight. MAYOR DICKEY: Thank you. If it's okay with you all, we will have Chief come up and give us his comments and his input. Thank you for coming. TOWN OF FOUNTAIN HILLS Page 35 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 35 of 62 SOULE: Good evening, Mayor Dickey, councilmembers, Mr. Grady, Mr. Miller. Thanks for giving me the opportunity to speak this evening. First of all, I just want to assure everybody that Rural Metro and the town has enjoyed a long relationship with each other. I think it's been mutually beneficial and I certainly want to express my support that whatever the decision -- and it certainly sounds as if the move is towards bringing it in-house. Rural Metro and myself, personally, are going to support you and the town and the citizens 100 percent through that transition to make it as seamless and to ensure public safety to the highest degree. So before any of these other comments, just know that this is in fact, my commitment to everyone here. I do want to say that I thought the consultant did an excellent job. Really painted a very good picture and had a lot of good information. There were a number of issues or a number of items that I just wanted to give a little bit of a counter measure to. And if I can digress a little bit, I don't like kind of the promulgation of fear as a basis to make decisions. So I just wanted to assure you on a number of issues that you should not be fearful of as a part of your consideration. One, Rural Metro has no inclination to leave the town of Fountain Hills. We don't pursue master contracts because the market right now doesn't -- there are no additional master contracts to pursue here within the state. There are only three states that you can even have master contracts in the entire country. Part of what I'll be working with the legislature next year, is to try to get the state to make fire suppression an essential form of government which would eliminate the need for private fire at all. I do believe that government is the appropriate venue for fire suppression. It just so happens that the folks who founded Arizona didn't agree with me. But that was a long time ago. So we have no inclination of leaving. We are financially solid. Our firefighters are as well trained as any firefighters in the state. And here in the region Rural Metro provides absolute best practice for the physical conditioning of our firefighters and the mental health of our firefighters, and we meet all the NFPA standards for that. So rest assured, we're not going anywhere. Rural Metro does serve a purpose for transitions, from towns like yourself to move towards their own fire departments. That's what happened with Scottsdale and the other areas in the past that Rural Metro's been a part of. I see this as pretty much the same TOWN OF FOUNTAIN HILLS Page 36 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 36 of 62 thing. Little bit about NFPA 1710. If you guys wanted four-person engines and paid for them, Rural Metro would certainly provide four-person engines. Rural Metro's position, because it's not a form of the government, is we take direction from the local government as far as providing the level of protection they desire. As the consultant said, we've served the town well, with the level of service. If the desire is to go to a higher level of service, that's certainly something that can be done with Rural Metro, or by bringing in- house as well. What I will say with regards to 1710 is the only component of 1710 that you'll be able to meet by coming in-house or even going with automatic aid, is the staffing requirement. The time requirement you won't meet with 1710, with your own department or with automatic aid. Obviously, you won't meet it with Rural Metro as well. If you chose to go to four persons we can certainly put four persons on an engine, just as you will, if you choose to go with your own in-house. And to be clear, most fire departments in the country can't meet 1710. We're very fortunate here in the Phoenix Metro region to have a wealth of -- well, we have the population density and the population to support the finances to meet 1710. It's been the biggest hiccup for 1710, the standard for professional fire departments, is the cost. So regardless moving in either direction will not -- you just don't have the resources available within the time constraints to meet that. Secondly, with regards to 1221, one of the things that the consultant failed -- or was unable to get that information. There's a call transfer for the automatic aid system, just as well as Rural Metro. So there is no time difference and both dispatch centers meet 1221. As far as issues of local control, I agree with Mr. Miller and I think that's certainly something that could have been addressed in contract. I imagine, I've only been here a little under a year, it will be 12 months next month but what I've heard and what I've seen in meeting with Chief Ott is that I don't imagine that the town really knows that they don't have their own fire department. The trucks are red, they say Fountain Hills on them, and the firefighters represent Fountain Hills. I would be surprised if the majority of folks realize that you didn't have your own fire department currently. And that's perfect. The majority of the firefighters who are here in your town have been here for 20 or more TOWN OF FOUNTAIN HILLS Page 37 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 37 of 62 years. I have to say I did take a little bit of offense to some of the age comments, not because I'm old as well, but I've actually stood in front of councils for a number of years to remind folks that public servants are there to serve the public. And it's an agreement between the public and the public servants that they're going to take care of each other, especially as they get older and have more difficulty moving around, right? And just because these guys weren't public servants in a form that they worked for you, they were public servants because they've served your citizens for a long time. And I do think they deserve the opportunity to finish their career and to be taken care of because they've taken care of you guys and your town for a good portion of that time. Lastly, I would say that I have done my own financial analysis, I would not take my word for it, okay? One, I'm a fire chief, I'm not an accountant. Number two, obviously I have a vested interest, right? What I would say that I think in order to have a sustainable labor pool of firefighters who are going to be attracted and be able to be recruited and be retained by the town is going to be a little bit more expensive than has previously been expressed. I would also say, obviously, if you move to automatic aid, that also will be even more expensive. It sounds to me, in speaking with Mr. Miller that the economic indicator is that this is a good time to make that move. And if that's the case, then again, we're going to support you 100 percent doing that. If the economic conditions change and it turns out to be that's not the case, we're still going to be here whether or we have a contract with Fountain Hills or not. We'll still be here and we're going to be ready and able to assist in meeting your needs regardless of what happens. But again, I just would rather this be framed in the perspective that this is a good thing for you because of the economic times and this is the right time to make that move, rather than based on fear that we're leaving, that we're not taking care of our folks, and that automatic aid or the lack of automatic aid is a threat. I met with the city council in Scottsdale almost a year ago because there was a decision to cancel the mutual aid agreement with Carefree. When I met with the council, I asked for and received a public commitment from the mayor and the council and the fire chief, that just because the contract didn't exist, didn't mean we didn't have mutual aid. They made that public commitment that if we requested help, they were going to help us. It's my TOWN OF FOUNTAIN HILLS Page 38 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 38 of 62 understanding in the past ten years, the town of Fountain Hills has only needed mutual aid twice from the automatic aid system. They came both times. You're going to probably give automatic aid considerably more than you'll receive it. The benefits to getting it when you need it are amazing. It is the gold standard for sure. If we had the same incident without automatic aid, we would get all the same resources just not as quickly. There is no concern about the lack of mutual aid for the town of Fountain Hills. If we ask we will get the help we need, even though we don't have formal mutual aid contracts. I'm working with CALSC, the Central Arizona Life Safety Council to get a formal mutual aid contract with CALSC not the individual cities, as most cities have canceled those because they were paid-for service agreements. So that was the premise for that. And just to finish, again, we're going to be here to help meet the needs whatever you choose to do. If this is the right time to make that move, we certainly support it. Again, I would ask that you take care of the folks who've taken care of you for the past 20 to 30 years, regardless of their age. Understanding that there's obviously considerations that you have to make. I appreciate your time and if you have any questions I'd certainly would answer but just as a -- one final note. Again, the consultant did a great job. There is no issue of confidentiality. I was never asked any questions by the consultant. I would have answered any of them. I'll answer any of them for you. MAYOR DICKEY: Councilmember Spelich? SPELICH: Thank you, Madam Mayor. So I'll start with -- thank you very much for your service. You and I had a chance to talk after the last meeting. I will start by my age comments were made in jest. But most of the comments related to age is when the Vice Mayor Friedel, at the time, had brought up the possibility of Fountain Hills subsidizing the fire department with residents as a volunteer fire department. And I believe I will stand by my comments and say that I think a large portion of the residents have maybe missed their prime as far as wanting to become volunteer firefighters. I'm 56 years old, and you couldn't pay me to get on a ladder or drag a hose. So my question to you -- a statement also that I would like to make is, I did not make the TOWN OF FOUNTAIN HILLS Page 39 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 39 of 62 decision to move forward with this based on fear, okay? There's few things I fear. But my decision, you know, it's been said recently and the comments got back to me that we made a snap decision in this and we didn't get a 12-pack and go over to the Mayor's house one weekend and just sit around and decide, hey, what can we do? Let's blow some money and get our own fire department. And we just said, oh, yeah, that's a great idea. This is the fourth -- MAYOR DICKEY: Fifth. SPELICH: -- fifth time that this has been discussed in public and we paid a boat ton of money for a study, which I'm vehemently opposed to studies; but we did it. I can't speak for any of the other councilmembers, I'm sure they will. But I don't think that we based this decision on fear. So I will ask you do you know -- obviously, you know. How many contracts do you have currently in the State of Arizona? Rural Metro? SOULE: I do not know. I can tell you here in Central Arizona, which is the only place that I'm responsible for, is two. SPELICH: Two? SOULE: Correct. SPELICH: And the other contract is with? SOULE: Carefree. SPELICH: And correct me if I'm wrong, are they currently seeking to privatize their fire department? SOULE: Yes. They're going to put a ballot initiative -- they're discussing putting a ballot initiative on in May. SPELICH: Okay. So that leaves you with one contract? SOULE: Correct. But we also serve -- we have 12 stations. Only three of which are contract. So that leaves us nine stations that we still will be running without contracts. SPELICH: And what corporation owns Rural Metro? SOULE: KKR. SPELICH: And has KKR ever turned a profit when it comes to their fire service? SOULE: Yes. SPELICH: When? Are you talking now? SOULE: Well every year that I -- I've only been working for three years and we've TOWN OF FOUNTAIN HILLS Page 40 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 40 of 62 turned a profit every year. SPELICH: Okay. And how many -- SOULE: Not much, but -- again, so I've asked this question actually of my leadership. What I've been told, take it with a grain of salt, is that they like having fire departments because it's a good -- it looks good. We're not here to make them money. We're here to make them look good. SPELICH: But you agree that all corporations are in business to make money? SOULE: Correct. SPELICH: Okay. SOULE: I'm assuming they make a ton of money on the other stuff. SPELICH: Okay. How many times has Rural Metro filed bankruptcy? SOULE: I don't know. SPELICH: Okay. It's over three times. So -- and Chief, I'm not trying to put you on the spot. I'm not trying to embarrass you. SOULE: No, not at all. SPELICH: Believe me when I tell you, I have the utmost respect for you, what you do. My whole career has been in law enforcement, I never even thought for a second to be a fireman. SOULE: I won't hold it against you. SPELICH: Well, you know, God created policeman so that firemen could have idols. But I just -- I know that you work for Rural Metro, it's your job to represent Rural Metro and everything, but I just think that -- I think that this council and for citizens who have emailed me and said, I didn't put any thought into this, I find it offensive, because I don't make snap decisions up here. And I would think that anybody on this council or any citizen would say that I've been a fiscal watchdog when it comes to spending money. Do I believe that it's going to -- the initial startup is going to be a tough pill to swallow? Yes, I do. But in the long run, I believe it's the right thing. So thank you very much for coming today. I really appreciated your comments. SOULE: And I apologize if I made -- if I gave the impression that I thought you based any decision -- I don't believe that. I think obviously, you're the stewards of the community and don't give short shrift to decisions that you have to make. But from the TOWN OF FOUNTAIN HILLS Page 41 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 41 of 62 perspective of sitting out and watching the meeting, the positive aspects of doing it weren't the ones that caught my attention, it was the negatives. That's all. FRIEDEL: Thanks, Mayor. I have a couple of questions and I don't know whether you can answer this or maybe Grady can. Can we do this in 12 months? Can we transition in 12 months; is that realistic? do you think? MILLER: Based on what I've heard, Scottsdale was 19, but Scottsdale was much more complex organization. In talking to Chief Soule, the concern is the longer you have as a period, it starts to have the personnel get a little nervous, because even though we'll likely go through a rehiring process for them, 12 months is a better goal, to be tighter and ready to go. So my preference would be 12 months because I do think it can be done in 12 months. Chief, did you have -- I know we talked about this last week as well. FRIEDEL: I have a follow-up question then too. Will any of this come back before the council? Any other decisions once we give direction to the town staff? MILLER: Of course. There's going to be -- you'll get the transition plan for sure. So you'll get to see that and we'll likely have that discussed and looked at and it will be likely items related to maybe budgetary types of things like that. And then also the budget process. So you'll get to see that. And then what I'm going to suggest is through our annual budget process, we'll get a little bit more into this and have a little bit more detail. But when we have our council workshop retreat, I'm suggesting that we go ahead and typically we have a surplus at the end of each year and I'm going to suggest that we put together a transition package as part of the budget, just to anticipate that there may be some higher cost that we didn't factor or cost that we didn't quite get right, just as a buffer. And then we'll get -- the following year will be appropriately budgeted. So I think that's just the way to do this, just to make sure that we don't get ourselves caught. But council will definitely have a couple of different steps along the way that they'll be able to weigh in on. FRIEDEL: Okay. Thank you. MAYOR DICKEY: Yes, Mike? TOWN OF FOUNTAIN HILLS Page 42 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 42 of 62 SCHARNOW: Thank you, Madam Mayor. Chief, I appreciate your comments. I appreciate your being forthright and sincerity and appreciate the support you're going to give us, no matter what happens. And I've been working or living out here almost 40 years, so I've seen Rural Metro and the fire department from all angles all these decades and have appreciated the men and women who have served us well. And so I commend them for that. A couple of things, you know, this kind of reminds me of the debate back years ago, when MCO still owned Fountain Park and wanted to turn it over to the town. And it's like, well, yeah it's going to cost the town a lot of money but if you want to gain control. If you want to improve it, or do whatever you want, you have to own it and take it over. So you have to, initially take a hit and with this, I'm glad to hear there's going to be a transition plan in terms of stockpiling some money to take care of the initial cost. And I know there was one public comment that we had written out here from Bob Scarpetti (ph.), another police officer, but retired. And he was talking about -- basically he's against taking it over. But he says I'd much rather see a fire district like we used to have and that wasn't part of the town budget. And it's one thing I have to agree with Bob on, I didn't agree with council decision back in the day to disband the fire district and they had their own finances and their own little separate board to take care of just the fire service. And I still don't know what was wrong with it at the time, but they did what they did and so we took it over and have borne the cost since then. And so our budget would be a lot different if we didn't have to fund fire service. But that being said, there actually was an effort to start a whole new fire district and they went door to door with petitions and the effort didn't quite make it. But they had to get a certain amount of assessed valuation and it was kind of a complicated deal. Anyway, that's kind of a short history lesson. But I agree with Councilman Spelich. I think it's just economics, like you were mentioning and the current climate and just feel it's a good time to take the reins and bring it in-house. Yep. MAYOR DICKEY: Thanks very much. Any other questions from Council? I want to -- before we -- we'll probably get some public comments, but I wanted to thank you so much. And you're coming here -- and I know that you weren't here when we had the second meeting and that probably would have been a time where you were hearing TOWN OF FOUNTAIN HILLS Page 43 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 43 of 62 things like, oh, not quite. So I really appreciate that you took the time to see those things and then to set records straight. I agree with David and others that I think the fear aspect of it, it was something to talk about but it wasn't a driving force; at least in my opinion. I think what illustrates right here is a loyalty that we all feel. We feel loyalty to you, you feel loyalty to the guys and gals that are there. But there's always that little thing in the back of your head but we're not free. They don't actually work for us. And it's just something that we can't get over that hump. That's kind of my idea of it. I still do think that the mutual aid and the auto aid will be a good thing for us to have in the long run and we'll keep working towards that. And then I listened to your first comments in talking about going to the legislature and maybe making some changes that might kind of go in this direction for others also. So maybe that's just the right way and the right time for us to do it. It has been a long time and obviously, we are loyal and grateful and really appreciate you being here and being available. I think we probably have some speaker cards, so we'll go with that. And then if you have anything else you'd like to add, we're fine; you can come back up. SOULE: Thank you. MAYOR DICKEY: Thank you. MENDENHALL: Yes, Mayor we do. First we do have the written comments and I would like to say their name. Bob Scarpetti. As Councilmember Scharnow said he is against the in-house fire department. We have Sherrilynn James. She is in favor of the fire department. And then we have Dave Long, who is also in support of the in-house fire district. Now, we do have some comment cards. First is Barry Wolborsky. WOLBORSKY: I apologize for double dipping tonight, but it's all part of my effort to get you to pronounce my name right. Councilman Spelich, when I was a young guy of your age, I was a volunteer firefighter climbing ladders with a hose. SPELICH: Sign him up. WOLBORSKY: Too late. I also pried people out of car wrecks. But I'll tell you I did other things too. I went to the lady's house with the aid car when her son's nose was bleeding because he had a bloody nose but she was panicking because he was dying. TOWN OF FOUNTAIN HILLS Page 44 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 44 of 62 When I calmed down the son and I calmed down the mother. And I did a lot of things like that and I felt like I was part of the community. And when I went to the Safeway store people said hi, Barry, how are you -- because they knew me because I had come and put out their chimney fire, which by the way you don't use water on. And we attracted a lot of volunteers from around neighboring communities. The reason why is for a young man who doesn't really want to go to college for four years, being a firefighter is a very lucrative career. They work part-time, they can have two jobs. They get paid very well as a firefighter. And it's hard to get one of those jobs. If you volunteer for a district for a period of time, and you spend time with the other volunteers and you spend time with the paid firefighters, they really help you, coach you for your oral exams, for your written exams and it looks good on your record that you've spent two or three years as a volunteer firefighter. So they do get hired. We usually kept them for about two to three years and then we'd lose them when we get new ones in and train them. They were all well-trained. They were all EMTs. They all got hired as professional firefighters and got paid a lot more for doing the same work. And it was a very -- not only was it an efficient way to do it, but it was community way to do it. And I really urge you to consider that if you're considering switching over. You have a paid core of firefighters and then you augment that with as many volunteers as you want. And I know one of the things we have here is, we have some fairly interesting brush fires. I remember one a couple of years ago, watching it out my window and saying uh. It would be nice to have an additional cadre of 25 or 50 people if you ever needed it in that situation. And then you would have that. So I really recommend that instead of just throwing money at problems, that you look for creative solutions like maybe a fire department that's part paid and part volunteer, that meets the needs of the community, and gives you the protection you need. That's all I've got. MAYOR DICKEY: Thank you for your service, sir. Yes. FRIEDEL: Barry, I want to buy you a drink after the meeting today because that was my idea too, to have some volunteers. So anyway, I'm glad somebody else voiced their concern. Thanks. TOWN OF FOUNTAIN HILLS Page 45 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 45 of 62 MENDENHALL: Next we have Lee Shattuck. Lee? SHATTUCK: Good evening. And I apologize for not attending the other meetings on this subject of Rural Metro. I absolutely think that Rural Metro have done a superb job. And I'm here to voice my disagreement with the possibility of not renewing the Rural Metro contract. We have used them for medical purposes and they give us stellar service. They're always prompt, courteous, and efficient. The formation of our own emergency response service for Fountain Hills, as stated by this study, seems costly. A million for a formation and operation to initiate and you may well be quite sure that that could over. Plus $400,00 annually to operate. These numbers are much in excess of current charges, it seems. It is rare for new projects to come out under budget. I also fail to understand the thinking behind the opinion because Rural Metro is owned by KKR, a private equity company, that they have to be in it for the money. They have a reputation of being one of the more reputable and less greedy private equity companies in the country. I hereby present my objection to discontinuing Rural Metro and likewise to the formation of our own police force. Recruiting of these special public servants is extremely difficult in the present climate of defund the police and public cynicism for our police. It will be detrimental to the town of Fountain Hills. Thank you. Thank you so much. MENDENHALL: And then our last card is from Council-Elect Brenda Kalivianakis. KALIVIANAKIS: Good evening town council, Mr. Miller. I have prepared a statement but before I do that, I'd like to thank Grady for bringing up the August 23rd workshop where they gave very good qualifications for Rural Metro. Thanks for reminding us of that. Also the Chief saying this is a mutually beneficial arrangement. And also his comments about, I feel also, that the last time we met on this subject that they were selling a lot of fear, okay, about wonder if this and wonder if that. I don't like to base my judgments on fear or hypotheticals. I want to talk to you tonight about tabling this agenda item for a future town council session. First of all, this is literally a lame duck council. We shouldn't be making this type of decision right now. According to the Heritage Foundation, barring exceptional TOWN OF FOUNTAIN HILLS Page 46 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 46 of 62 circumstances or strict emergency, congress should not consider making any major or presidential nominations during a so-called lame duck session. Doing so undermines the representative government by weakening the accountability link between the people and their elected representatives. The idea of having an in-house fire department has been ongoing for years. The idea has always been dropped when the true expenses of such a venture become evident. Besides liability insurance, other insurance, health care, the fire personnel would enter the state pension system. The state pension system and the long-term health care repercussions, alone could bankrupt our town. Scottsdale made the mistake of going with their own fire department. They found out that it cost a lot more money than they were told. Scottsdale has big problems now and it will get worse, compounded by a bill passed recently in the legislature to ensure long- term care for any fire fighter who comes down with any form of cancer -- any form of cancer. They don't need to be -- it doesn't need to be proved there's a correlation between fighting fires, no causation is required to the job. The liability would fall on our town. That's not good. John Cavanaugh, our state rep, this weekend, contacted Jim Lane, the former mayor of Scottsdale. Mr. Lane admitted the mistake of going with their own in-house fire department. After three years leaving Rural, they had 45 percent increase in spending with the possibility of picking up further expenses. That would be $4.5 million more than if they were to have stayed with Rural. The same procedure -- this is an apples and apples, Scottsdale's a sister city, we can expect the same results. Also in Scottsdale they left it up to a vote of the people, not the seven people in the chamber that we have here tonight. They had no increase in service, just more expenses. The best mistakes to learn are other peoples' mistakes, let's learn from Scottsdale's mistakes. To repeat, it is unusual for lame duck council to take on a project of this significance on their way out the door. And very importantly, what about the tax ramifications of this gamble with our limited resources. With this unnecessary spending with the impetus for a property tax, perhaps the residents will not get road repair, flood mitigation, or any other important improvements because all the money will have gone to pay for our new TOWN OF FOUNTAIN HILLS Page 47 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 47 of 62 fire department. Let's take time and think this through and the ramifications of this major decision. Let's talk to Scottsdale and other towns about their experience in fire protection. Let's slow down and consider liabilities and the financial commitments we are exposing ourselves to. Let's table this agenda item tonight and leave this in future business. Thank you. MAYOR DICKEY: Thank you. Councilwoman-elect, I just want to mention that Scottsdale did not make that decision, they were forced to do that. They did a vote of the people. The people decided to stay with Rural Metro and right after that Rural Metro pulled out. So they weren't -- they could not make that decision themselves to stay with that contract. I don't know if there were any other alternatives to going in-house, but they did not have the alternative to stay with Rural Metro. Rural Metro left Scottsdale. Number one. Number two, I wholeheartedly support that bill that passed to protect firefighters because they are subjected to toxic and other items that do cause long-term and you may not be able to say this day that happened, or that day that happened, and for this legislature to have passed it, I feel like it was very worthwhile. And number three, and I wasn't going to bring this up, but my son is a Scottsdale fire captain and -- KALIVIANAKIS: I'm aware of that. MAYOR DICKEY: -- all the issues that you're talking about and the woe is me is not the case. And I don't think that we are lame duck at all. We have been looking at this for a long time. The sitting councilmembers here and councilmembers before this also, but this is very appropriately a decision for this council. That's my opinion any way. If anybody has any other comments, you're welcome to it. KALIVIANAKIS: Yeah, I -- SPELICH: Yes, Madam Mayor. MAYOR DICKEY: Oh. SPELICH: Your time to talk is over. You had your three minutes, now it's my turn. KALIVIANAKIS: Okay. I thought she wanted me to address her. But that's -- SPELICH: This isn't a back and forth. You had your public comment, now it's my turn to talk. TOWN OF FOUNTAIN HILLS Page 48 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 48 of 62 KALIVIANAKIS: I thought a public comment, you didn't refer to the comments -- I thought that this -- MAYOR DICKEY: Let's let the Councilman speak and then you can absolutely -- KALIVIANAKIS: Okay sure. SPELICH: I do not under any stretch of the imagination consider myself to be a lame duck. I have made wise decisions, which I think are wise decisions that I've researched the last four years. So I take offense to be called a lame duck. I don't necessarily believe that by extending this to the next council, you bring any more knowledge to the fire service than I bring to the fire service. We had a study done. We reviewed that study. We spoke about it. This is the fourth time we've talked about it. This is the first time you've appeared. So I take offense to it because it kind of seems that it's like we're rushing this and I don't believe we are rushing it. If anybody is stoking fear it's you by saying that you think that we're unable to make decisions and that only the future council is going to make the correct decisions. I believe every councilmember and the mayor up here will make decisions that are wise up until the time that we leave office. So I'm offended by your comments. This is not the first time you've addressed this council and spoke down to us and minimized us. You've done it under the daybreak, you've done it under the -- I'm sorry, not daybreak, Park Place and other things. So your turn will come in December and then you can make these decisions but right now we're making these decisions and I think we've researched this. I don't believe that this is based on fear. I believe it's based on what we believe is best for the residents and as the town manager said, you will have the ability to voice your decision once you put your hand on the bible and swear and get sworn in as an elected official; because right now you're not. So I'm offended by your comments. I've been offended by your comments in the past. I don't like to publicly call people out and I've held my comments when you've made disparaging remarks to us and this time I will not hold my tongue. MCMAHON: I concur with Councilmember Spelich. I think you are extremely rude and disrespectful to the council of which you are elected to. We are not lame ducks, we're not stupid. You are looking at a very experienced council with three councilmembers having over 12 years of experience in this town and guiding it to the success it is today. And for TOWN OF FOUNTAIN HILLS Page 49 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 49 of 62 you to one more time come in here and tap your hand on the side of that podium as if we're the problem and you're not, is so disrespectful I can't not say anything. I have never once heard you say one thing good about this town. You should be ashamed of that. KALIVIANAKIS: You might want to check the definition of lame duck. It's after the election and before you get seated. MCMAHON: We're not congress -- KALIVIANAKIS: It's in the dictionary. It's in the encyclopedia. MCMAHON: -- we're the local council. KALIVIANAKIS: Just because you're not aware of the definition -- MCMAHON: If you chose your words -- KALIVIANAKIS: -- doesn't mean it's not true. MAYOR DICKEY: Did you want to respond further? KALIVIANAKIS: I think I said enough. MAYOR DICKEY: Thank you. Thank you. Okay. Any further comments or comments from the audience, or the folks. MENDENHALL: Mayor, no. We have no further public comment. MAYOR DICKEY: Thank you very much. All right. So we have a motion -- a suggested motion. Grady, I do have a question before. Do you -- the way it's written down, 12 to 18 months, is that what we -- is that what you would like it to say or just 12? MILLER: My suggestion would be why don't you just have it approved as is? The goal is to stick to 12 months and then, if we need the additional six months, I could do a formalized letter to Rural Metro asking for an extension of time. MAYOR DICKEY: Okay. Thank you. Motion? MCMAHON: I'll make a motion. I would like to move to officially establish an in- house fire department with the town fire personnel, provide proper notice of ending the agreement with Rural Metro in 12 to 18 months, as needed, and direct staff to develop a transition plan to fully implement an in-house fire department. SCHARNOW: Second. TOWN OF FOUNTAIN HILLS Page 50 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 50 of 62 MAYOR DICKEY: Thank you. Any further discussion? All those in favor, please, say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you very much. Our next item is along the same lines. We're going to talk about law enforcement. Grady? MILLER: Yes. I'm going to go ahead and call on our chief financial officer, who will then make a brief introduction of Matrix Consulting Group who will give you a presentation, as a follow-up to what we just had previously. So with that I'll turn it over to Mr. Pock. POCK: All right. I don't have much more to say than that. It was about a year ago when this contract actually was signed, after the RFP process. We did meet in September to go over the draft findings and Greg Matthews is back again, and returned with the draft final report and their recommendations. So with that, I will turn it over to Greg. MAYOR DICKEY: Thank you. MATTHEWS: Thank you, David. Well, good evening, Mayor, Councilmembers. Thank you for having me back. My name is Greg Matthews, I'm a senior manger with Matrix Consulting Group. And this is a follow-up to our presentation that we did about eight weeks ago, just after Labor Day on the financial and feasibility analysis for Fountain Hills related to law enforcement operations. So tonight, I have about a ten-slide presentation. So we should be able to get through this relatively quickly. As we did last visit, please feel free to interject as we're going through the slide presentation. I don't want to sit here and lecture you. I prefer some interaction if you don't mind. Otherwise, if you wish to hold your questions, that's more than fine because there is the 11th slide which has a question mark for questions. So with that, let me go ahead and begin the slide presentation. Let's see if I remember after eight weeks how to use this. I do. Very good. So what is the agenda for the presentation? Tonight we'll discuss the key findings, conclusions, and the recommendation of the draft report that has been provided to you TOWN OF FOUNTAIN HILLS Page 51 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 51 of 62 and is in your package. There are three major items that we'll be discussing. We'll discuss the law enforcement services assessment. As you may remember two months ago we talked in some level of detail about that when we were speaking about issue areas. We'll talk a little bit about the law enforcement contract review. We actually reviewed the terms and conditions; we didn't talk too much about that a few months ago. And we'll also talk about the alternative service delivery model that was one of the major focuses of this particular engagement, looking at an alternative contractor, operation, or possibly an in-house police department. With respect to that in-house police department, we've put together an operational profile as well as a proforma budget. So we'll talk a little bit about that as well. So just as a reminder, and if you'd like to interject here, please do so. But the last council discussion, this is just a quick summary of what we accomplished during that meeting in September. As you recall we discussed various issues and assumptions to get your feedback with respect to this particular engagement. Some of the many topics that we discussed regarding the Maricopa County sheriff's office contract was the demographics of your town as well as the overall safety of the town. We talked about the contract that you have with the sheriff's office and the number of staff that you're contracted for. And as a matter of fact, how that doesn't equate to the actual deployment levels which you're undertaking. We talked about the importance of proactive time with regard to patrol. If you recall the whole proactive time discussion; time available after calls for service and those things related to that and what is the staffing impact of having certain amounts of proactive time. We talked about investigations and detective caseloads and the staffing impacts related to that. We talked about key issues related to the current contract. One of course, I already illustrated and that was you presently have less deployed staff than your contract calls for. So those are some of the things that we discussed and that provided a framework for our meeting two months ago when, basically the foundation essentially of this report that we've drafted for you. Recall that part of that effort was looking to see if you have any other potential contract partners and you do not. We checked with Scottsdale. We checked with the Indian TOWN OF FOUNTAIN HILLS Page 52 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 52 of 62 reservation and they have no short or medium term interest in providing any contracted law enforcement services. And then we also talked about certain guidelines for what an in-house police department might look like, to basically profile for all of you what that is in this particular report. So that's what we did early September. So let's talk now about some of the outcomes of this particular draft report that we put together and the patrol findings and recommendations. As you probably recall, the sheriff's office generally deploys staffing at the minimum staffing level of three personnel per shift. Recall that that below the contracted services levels of four deputies per shift. And despite this level of staffing that you presently have, you have more than an adequate proactive time in patrol, as well as excellent response times in patrol. So at that level of three staff, you have 73 percent proactive time available. Your response times are -- I'll use the term, extraordinary for both high-priority calls as well as lower priority calls. So what are some of the key recommendations that we detail for you in the report? We recommend you actually, in the contract, reduce patrol deputies from the contracted level of 19 personnel to 16 positions. And continue to deploy as you have done. Three deputies on the dayshift and three deputies on the nightshift. We don't recommend any changes to your minimum staffing levels. So your minimum staffing level should be at three. So you contract for three, your minimum staffing levels are three and in the event somebody's absent, people are called in on overtime, so that you're always at that minimum staffing level. We recommend that in the contract you add one patrol sergeant. Presently you contract for three. You should have four patrol sergeants, one on each shift to ensure line supervision and oversight. We recommend that you retain the one school resource officer that you presently have. We recommend adding one watch commander lieutenant. Right now, you pay for 1.25 lieutenants, you should have a watch commander or a manager position on each of your major shifts. And then, of course, you should retain one captain, which I'm sure Larry is happy to hear about. Next slide. So with respect to detective findings and recommendations. Your detective caseload metrics, that's the primary work that they do, the cases that they undertake are basically TOWN OF FOUNTAIN HILLS Page 53 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 53 of 62 below benchmark expectations. We talked about that in some level of detail, as you probably remember in early September. You have a contract that charges you for 2.55 detective positions that carry anywhere between 6.8 and 7.2 cases monthly on average for each of them. Many of those cases have limited solvability. Meaning, you really wouldn't work them very hard because it's very difficult to solve those kinds of cases. Caseload benchmarks for generalist detectives, which is the kind of detectives that are really being deployed here for you all, are nine to twelve workable cases per month. So you can compare that nine to twelve versus the 6.8 to 7.2 that they have. So given their workload metrics, given what's going on with respect to detective operations and what have you, we recommend reducing the detective staffing that's charged to Fountain Hills from 2.55 to two detectives. We recommend -- we discussed this again in September. Locating these two detectives here in the Fountain Hills substation. So instead of a regional detective over at the sheriff's office, bring them out here at the substation. And then we also recommend that the sheriff's office should provide quarterly metrics on detective caseloads, on case clearances, and those types of things. They don't provide a lot of data, as we discussed in some level of detail the last meeting and that data should actually be acquired and provided by the sheriff's officer for you. So what is the key fiscal finding related to the various recommendations that we made? The sheriff's office basically has the ability to provide exceptional service at the recommended staffing levels that we provided to you in the report. That's reduced patrol staffing, compared to your present contract. That's slightly reduced detective staffing. That's increasing sergeants and what have you. And that net impact is an annual savings of about $219,000 per annum on your present contract. So one of the other steps that we undertook for you all, was to look at the present contract. The language of the contract, the terms and conditions, et cetera. So what are some of the findings and recommendations related to that? So the contract terms and conditions, as you read through it, are generally thorough. Remember we're not lawyers, but we can look at them with an eye to law enforcement professionals. There are a couple of exceptions based on our read of the contract that should be addressed. You have no financial penalties for nonperformance. So basically, the sheriff's office TOWN OF FOUNTAIN HILLS Page 54 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 54 of 62 inability to provide you the contract services, you don't have any language that gives you an opportunity or a leverage to assess penalties for nonperformance. There's no dispute resolution process identified in your contract. So if you have a dispute with the sheriff's office, there's no formality embedded within the contract on how you resolve that particular dispute. There's no particular performance metrics, beyond the patrol response time for priority 1, that's listed within the contract. With respect to performance metrics in most professional services contracts, you should have them because it allows you to effectuate appropriate contract management. So we recommend you devise performance metrics beyond just the priority 1 calls in the contract. So consequently what are some of the key recommendations that we have for you related to that contract review? Add nonperformance penalties and dispute resolution to the contract. Report quarterly on various contract based performance metrics. What would those look like? Response times, which is in there for priority 1, but not other responses, detective case clearance metrics. Those kinds of things. So collectively you can devise some performance metrics which you would expect the sheriff to be able to achieve, just like they have on response times for priority 1s, such that you can monitor and manage that contract effectively. Significantly improve the monthly invoice details to enhance the town's internal controls and avoid various overcharging situations that have occurred. Your invoice presently from the sheriff's office is very spartan, if you will. It needs to be much more detailed, such that you can manage the contract effectively from a financial perspective. And then one of the other elements that needs to be revisited in the contract is how you staff your law enforcement operation beyond what's defined as the beat structure approach, again discussed in September. We suggest instead of using a beat structure for defining patrol staffing levels, detective staffing levels, et cetera, that you instead use more robust metrics, such as proactive time, which we've discussed. Detective caseloads, which we've discussed. Those kinds of things. So those are elements in the future contract, if you so choose to pursue a future contract with the sheriff that should be changed and adjusted so that you can better manage the contract and the respective operations. So this is one of the interest of you all, and that is what would an in-house police TOWN OF FOUNTAIN HILLS Page 55 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 55 of 62 department potentially look like compared to the sheriff's office operation? So here's a table of the police department, Fountain Hills police department that we devised for you. This is based on a lot of the conversations we've had, similar staffing, based on proactive time, detective workloads, et cetera. So you can see we've arranged it all the way from a chief of police, all the way through lieutenants, number of patrol deputies, the school resource officers, detectives, sergeants, in-house you'd need some clerical and administrative assistants. We recommend that you continue contracting for dispatch services with the sheriff's office, there would be an embedded charge for that staffing associated with that. And the bottom line is for the in-house police department that we created, it would be approximately 31 total staff. So what does those 31 total staff actually look like when it comes to costing this out? That will be the last slide on the slide presentation. So let's give you a little bit of detail regarding that table. So the in-house police department staffing is based on the report recommendations. That essentially are equivalent to the recommended sheriff's office staffing that we said you should adjust to. That would be three deputies on dayshift and three on night. It would be the two detectives. It would be five sergeants, four on patrol and one in support services. It would be three managers, a chief, and two lieutenants. It would be the continuation of 911 dispatch as we suggested with the sheriff's office. There's other components that are important as we costed this out for your consideration and it is in matter of fact, in some respects to your benefit. Fountain Hills already has a PD facility here that requires minimal revision. Many, many instances when other organizations go through this assessment, one of the restricting factors is they have to build a new police department. You don't really have to do that. That is a benefit to you. We did in-house salaries for this in-house police department based on a competitive pay with six other regional towns. And we also developed proforma costs that are competitive but not excessive, that's our definition. Now, remember when you develop a proforma budget, there are literally dozens and dozens of inputs that you can put in a proforma budget. Remember it's a theoretical model based on your best judgments and assessments. So that's we did. This model that we created is in a very sophisticated Excel spreadsheet that we'll be providing to the town TOWN OF FOUNTAIN HILLS Page 56 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 56 of 62 so that that can be manipulated and all kinds of other proforma models can be developed if you wish. But this is the outcome of the proforma model that we devised. I don't expect you to look or read this right now. I just wanted to present it here this evening to give you an illustration of the level of detail that this budget, proforma model, can result in. This is a listing of many of the major characteristics of the budget model, ranging from personnel cost to retirement cost, benefits and incentives, startup costs related to sworn personnel's equipment, vehicle cost, supply cost, external contracts, worker's compensation and risk insurance, and then other startup costs. And other startup costs are related to that year 1 cost that you would incur as a consequence of transitioning potentially from the sheriff's office to your own internal police department. So the total projected year 1 costs are about $8.8 million. The projected yearly operating costs are $4.5 million. So you can see there's about $4.3 million calculated in startup costs for the first year. That's again, to buy a variety of things, to transition from the sheriff to your own in-house PD. So what are the in-house police department conclusions that we arrived at developing this proforma model for you? A Fountain Hills police department would save approximately $500,000 per year, compared to the existing sheriff's contract. Now remember this in- house police department is presently staffed in a way that is below your current contract. Not the contract that we recommend you move to, but compared to your current contract. So that saving compared to your current contract would be a half a million dollars annually. However, there's approximately $300 in savings, when compared to the recommended revised contract that we suggested for you. Again, that's reduced patrol deputies, and that's reduced detectives, et cetera. SPELICH: 300,000. MATTHEWS: 300,000 a year. SPELICH: You said $300. MATTHEWS: I'm sorry, if I said $300. Nope, it's a lot more -- like three zeroes to that, sorry. 300,000 savings compared to recommended revised. Thank you for the correction. So the PD startup costs and you mentioned this in September's meeting. Don't be extremely surprised but the startup costs are usually the prohibiting factor, frankly, in moving from any kind of contract. It's $4.3 million, that's the startup costs. TOWN OF FOUNTAIN HILLS Page 57 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 57 of 62 Again, these are based on the variables we selected. So these can change but we think that's probably within the 90 percent to 100 percent -- 110 percent range, of $4.3 million. This results in a nine-year breakeven versus your current contract. So 500,000 times nine is 4.5 million; 4.3 million startup. So you've got about a nine-year breakeven if you moved to the recommended contract with the sheriff, then the breakeven point extends to 14 years. So consequently, given these startup costs, which you can define however you wish, it's in the millions, we would recommend that you maintain the sheriff's office contract but based on the recommended revisions that we have suggested to you in the report. So with that, I'll be happy to take any questions. MAYOR DICKEY: Thanks very much. Questions from council? SPELICH: Not a question. First off, thanks for the presentation, it was great, unlike the fire contract. And let me also start by saying Mr. Wolborsky, thank you very much for your service as a volunteer firefighter. I think that there's three people in this room that have the most knowledge about this. And that would be Captain Kratzer, yourself, and myself. So I will tell you that your presentation's spot on. I have told everybody that my ideal would be to have our own police department. I would love to see Fountain Hills have their own police department. I knew it was going to be a big number. I have to be honest with you I didn't think it was going to be that big, but it's a big number. I believe that we have to take into consideration currently that we're in a recession and that I think that the economy is going to get worse. So do I think that the citizens of Fountain Hills' appetite for getting onboard with this, I don't think they're going to have much of an appetite for getting onboard with this because the cost is prohibitive, I believe, at the time, because we'll have declining revenue on everything. I totally agree with you that we have to put in our contract penalties for MCSO not fulfilling their obligations. MCSO, as you stated last time, hasn't fulfilled their obligations or their contract in years. So I'm glad that someone else, other than myself, has been saying that. TOWN OF FOUNTAIN HILLS Page 58 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 58 of 62 I will also go back to a meeting a few months back, maybe not even a few months back, in which I said to my fellow councilmembers, as well as the town manager and the mayor, that we have this street committee that's going to make decisions or give us input on streets. I think it's absolutely imperative that when this contract is negotiated, we put together a committee of retired law enforcement which this town is full of, that can help us along with your presentation and your facts, to help create the new contract that we're going to enter into. Obviously, this is a big number and so we're going to have to sign up again with MCSO. So there was no action on that, and after I had said that, nobody ever said a word to me. So once again, I will state that I believe that we should have a group put together of retired law enforcement who were in staff and command and did budgets for major metropolitan police departments to sit in on this; because I believe that internally there's not enough knowledge within the staff to enter into these contracts. I don't fault them for that, they're not in law enforcement. I am troubled over the fact that MCSO has been a little hesitant to share with you, as well as with us, what the clearance rate is for detectives. What have they been clearing? You asked for a reduction or you suggest a reduction in detectives, I would like to see that based on what is the clearance rate? For those of you in the audience, when a detective is assigned a case, to see that case all the way through, be it an arrest, prosecution, or unfounded, or no suspect; that's all in the clearance rate. So I still, to this day, do not know what MCSO's clearance rate is when it comes to detectives. I'd love to have that number before I leave. So a really well put together presentation. I agree with all of your points. I don't know if I necessarily agree with the reduction of, you want to go to three deputies, right now we're paying for four, correct? MATTHEWS: Correct. SPELICH: So more is always better. So I just don't think at the present time, and I'm only speaking for myself, I just don't know if the residents -- I mean, we had a little pushback from the fire thing. If we see now what the pushback would be on an additional $4 million. In the long run is it good? I just don't think the economy right now, is good enough to do that. But I really enjoyed your presentation. I think it's spot TOWN OF FOUNTAIN HILLS Page 59 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 59 of 62 on. I think we should follow it like a text when we go into contract negotiations. And thank you. MATTHEWS: Thank you very much. MAYOR DICKEY: Well, thank you. Councilman? MATTHEWS: Any other questions? I know the evening's late, but I'm here at your leisure. I don't fly out till 10 o'clock tomorrow. MAYOR DICKEY: Do we have any comment cards? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. I have a question for you, David. So the staffing that is suggested you're -- except for possibly wanting to not reduce, the rest of it looks good to you? SPELICH: Yeah. Before I would make a public decision or before I would make -- I would like to make an informed decision if I could get the clearance rate and find out exactly how many cases detectives are clearing and everything. And please, everyone who's listening, everybody in the audience, everyone who will go back and look at this, we still have -- what is it? The second safest community in -- MAYOR DICKEY: Tied. SPELICH: We're tied? So I mean, I'm really proud of the job MSCO does. I say it a thousand times. It's nothing against Capt. Kratzer or the men and women of this department. I back them 100 percent and praise them every chance I get. But before I would make a -- I would like to stick with four deputies per watch. Of course keep Capt. Kratzer. I think we're doing okay with the one lieutenant that we have. We have Lt. Halvorsen, who actually does the work of three lieutenants and I think Capt. Kratzer would agree with me. He's an outstanding human being and an excellent police officer. So before Mayor, would give you my decision on the staffing and the detectives, I'd like to know what the clearance rate is and everything before I make my decision. So if I could get those statistics and everything before I leave, since I'm a lame duck councilman, but you might want to hear from me. I would like those statistics and then I can let you know. MAYOR DICKEY: Thank you. Councilman? FRIEDEL: I have a question for Councilman Spelich? Are you interested in serving on TOWN OF FOUNTAIN HILLS Page 60 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 60 of 62 that committee? MAYOR DICKEY: I knew it. I knew you were going to -- SPELICH: I would serve on that committee. Yes, I would as long as the committee is put together in a hurried fashion, and before I retire. So as long as it was probably within the first six to eight months of next year, I would be proud to be on that committee. I know some individuals who have been instrumental in creating big budgeted contracts for police departments that have expressed to me, when I said this last time, that they would like to be a part of it. So I think we could really bring some expertise to this and really work out a great contract. So the answer's yes, Councilman Friedel. SCHARNOW: Thank you. Let's see -- where to -- I guess I'm not opposed to a committee, I'm just not sure -- I could see that kind of turning into a -- I don't know, kind of a nightmare as well, because I know -- yeah, the guys have a lot of background, big cities, negotiating budgets. I know expertise would be good, but you know, for this fire service thing, we're not forming a committee of ten fire chiefs either. So I'm just a little hesitant on that. But anyway. That's going to be up to future council or Grady, I guess. And then the three versus four deputies, you know, I don't know how long we've been understaffed. It's been a while, and it seems like the numbers that we're being shown in terms of the response times and the proactive time, and all that, are super high. So I don't know -- I know David said more is better, but it just seems like if three is doing an excellent job, I'm just not sure why we wouldn't take advantage of the staffing recommendations that the consultant is giving us. Do you also work with negotiating contracts or is that outside of your realm of experience in terms of -- I know you do these studies and such, but -- MATTHEWS: It's not in our wheelhouse. We have done it before, I hate passing up business. But I'm also a straight shooter, so that's the answer. I can tell you on the side, I represented management in a different arena for contract negotiations. So we could do it but it's not going to be at the top of our resume. SCHARNOW: Yeah. Well, I too like all you recommendations and I hope once we do enter negotiations that all of that stuff is on the table and we can obviously, come up with something that's amenable to both sides but yet, you know, gives us some more latitude TOWN OF FOUNTAIN HILLS Page 61 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 61 of 62 in terms of enforcement of the contract and some of those other parameters you outlined. So I think that's money well spent on this study in terms of getting these recommendations. the last time, and I don't know if this is a question for the captain or for consultant or Grady, but I'm just wondering, can we move somehow in the future toward two SROs? I've been getting a lot more involved, through the drug prevention coalition, with activities on the two major campuses that we have and our current SRO is excellent. She's doing a wonderful job, but I just see the need for almost two SROs in the future with all the stuff going on in the world out there, and I just think a presence on each campus is a good thing. And I don't know I f we can work one of the three deputies into serving part-time on the campus. I don't really know how that stuff works. But I just would like to think about that, at least. MILLER: Well, we'll go ahead and explore that, Councilmember. And I also want to chime in on what Councilmember Spelich said about the advisory committee. Staff is all fine with that. In fact, I had met with your -- the person that worked in the Chicago area a couple of years ago. Very qualified individual and I think he would be definitely, in addition to you, probably top of the list to include. To your point though, we want to make sure it's structured well, in terms of we want to make sure that we provide the current agreement to them and also try to get the performance measures and other items that we need to include and get them to advise us on it and then we would then basically have our staff team be the ones that would negotiate with MCSO on that. So I think it can be done. I just want to make sure it's structured well, so that we don't get into some issues. MAYOR DICKEY: One of the things that we talked about too, is the -- when you presented before was the idea that proactive time and somehow folding in some of the needs that we see, which may change. There may be a focus that would be different from one year the next. Something like homelessness or whatever, or short term rentals, or fill in the blank, the schools, the dances, the sports. There may be opportunities now that if we're going to relook at the contract, to personalize it, if that's the right word for our community. Which is something that we had done in the past. TOWN OF FOUNTAIN HILLS Page 62 of 62 NOVEMBER 1, 2022 CITY COUNCIL MEETING Page 62 of 62 And to David's point -- first of all, I have spoken to you about this. I didn't ignore you. But I think that is a -- it illustrates a flaw with the contract, because the people sitting there making the contract weren't really the beat. The whole idea of the beats and stuff, was always something that was -- and I was on that committee years ago. And it was something to wrap your head around for someone that wasn't used to that. So I do appreciate that suggestion and I think it all actually works together with everything that everybody has said. Yes, sir. FRIEDEL: Just one additional comment. Thanks for your presentation. You highlighted the fact that we weren't getting what we were paying for and I think David's been harping on that. So that's still a resolution that we have to arrive at too, what's happened in the past and come to a resolution on that as well. MAYOR DICKEY: Anything else? Thanks very much. MATTHEWS: All right. Thank you so much. It's been a pleasure working with you all. MAYOR DICKEY: Appreciate it. MCMAHON: Thank you. MAYOR DICKEY: All right. And so next, Grady will just -- what would be next for us on this? MILLER: Well, it appears the consensus is for us to continue with the MCSO contract. So I believe the next step would be, maybe we'll outline the next steps with negotiating a contract and how that process might be. We have basically -- our goal is, in my opinion, to try and get a multiyear to you sometime in the spring. And so we should get going on that process with advisory group and such. So we could probably give you a presentation at a later time as to what the next steps will look like. MAYOR DICKEY: Perfect. And that would go into your time frame, there. GRZYBOWSKI: Exactly. That's what I just told him. MAYOR DICKEY: I thought that's what you were saying. Well, thank you. Our next item, of course, is direction to the town manager for council discussion. Anything? All right. We are adjourned. Thank you. TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL November 15, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on November 15, 2022, to order at 5:31 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A moment of silence was held. 3. ROLL CALL Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Alan Magazine; Councilmember Mike Scharnow; Councilmember David Spelich Members Absent: None Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Sixty-one members of the public were present. 4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER A. RECOGNITION: Stellar Students of the Month for November Mayor Dickey recognized the following students who were in attendance for their achievements. Shiloh Maroon McDowell Mountain Elementary School Charlie Schafer McDowell Mountain Elementary School Elisa Prescott Fountain Hills Middle School Julia Owers Fountain Hills High School B. PROCLAMATION: November 26, 2022, as Small Business Saturday. Mayor Dickey issued a proclamation for Small Business Saturday, encouraging residents to shop locally. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION: Video on Make a Difference Day Rachael Goodwin presented a video showcasing the services provided by Fountain Hills staff and residents held on October 22, 2022, in support of Make a Difference Day. B. PRESENTATION: Annual financial audit results by Heinfeld Meech & Co. David Pock, Chief Financial Officer introduced Jennifer Shields, Audit Manager with Heinfeld Meech & Co. who presented the audit results and answered councils’ questions. C. PRESENTATION: Economic Development – First Quarter Update Amanda Jacobs presented the first quarter economic development update and answered councils’ questions. 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. The following residents addressed the council under the Call to the Public. Stephen Gay, a Fountain Hills resident, addressed the council expressing his appreciation for all their hard work during this term and encouraged the town to continue its outreach to Canadians. 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. MOVED BY Councilmember Alan Magazine to approve the Consent Agenda, SECONDED BY Councilmember Sharron Grzybowski. Vote: 7 – 0 passed – Unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of October 18, 2022. B. CONSIDERATION AND POSSIBLE ACTION: Approve a Special Event Liquor License application for the fountain Hills Chamber of Commerce for a beer garden in conjunction with Stroll in the Glow on December 3, 2022. . 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE ACTION: on the Town of Fountain Hills 2023 Legislative Agenda. Jack Lunsford with the Lunsford Group reviewed the items listed on the 2023 legislative agenda and answered councils’ questions. MOVED BY Councilmember Alan Magazine to approve the Legislative Agenda, SECONDED BY Sharron Grzybowski. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye B. CONSIDERATION AND POSSIBLE ACTION: on FY 21 and FY22 Development Fee Audit Report. Kevin Burnett, Senior Project Manager of Willden Financial provided an overview of the development fee audit and answered councils’ questions. This item is informational only, no action was taken. C. DISCUSSION AND POSSIBLE ACTION: Approval of supplemental funds for Pumphouse Pilot Art Project. Mayor Dickey opened the item up for public comment. The following resident addressed the council. Council-Elect Brenda Kalivianakis, a Fountain Hills resident, asked that the council vote no to this expense as it is not in alignment with the stated goals of the fund. The council took no action on this agenda item. Clerks Note: Councilmember Alan Magazine stepped away from the Dais at 7:16 p.m. and returned at 7:19 p.m. D. HOLD A PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-43, declaring the Special Use Permit Ordinance a public record, and adoption of Ordinance 22-07 repealing and replacing Zoning Ordinance, Chapter 2, Section 2.02, Special Use Permits. Mayor Ginny Dickey opened the public hearing and did not receive any requests to speak. Mayor Dickey closed the public hearing and received no further comments from Council. MOVED BY Vice Mayor Peggy McMahon to adopt Resolution 2022-43 and Ordinance 22-07, SECONDED BY Councilmember Sharron Grzybowski. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye E. CONSIDERATION OF Ordinance 22-09 for Short Term Rentals. Mayor Dickey opened the item up for public comment. The following residents provided written statements. Al Ronca Linda Curry The following residents addressed the council. Suzanne Brown, the Director of Community and Government Affairs for the Scottsdale Area Association of Realtors addressed council in-support of an ordinance that adopts all of the new allowances created with Senate Bill 1168. She urged the council to postpone a vote until further review and finetuning of a couple of items to bring them into compliance with the allowances granted by the Senate Bill. Lyn Trayte, a Fountain Hills resident, addressed some of the concerns she has as a realtor with the proposed ordinance. MOVED BY Vice Mayor Peggy McMahon to approve Ordinance 22-09, SECONDED BY Councilmember David Spelich. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye F. CONSIDERATION AND POSSIBLE ACTION: approving Second Amendment to Professional Services Agreement 2023-021.2 with Top Leaf Tree Services LLC, for Professional tree services. MOVED BY Councilmember Alan Magazine to approve Amendment No. 2 to Professional Services Agreement 2023-021.2 with Top Leaf Tree Services LLC, for Professional tree services in the amount of $50,000, SECONDED BY Councilmember Sharron Grzybowski. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye G. CONSIDERATION AND POSSIBLE ACTION: approving First Amendment to Cooperative Purchasing Agreement 2022-074 with Cactus Transport, Inc., for Pavement Maintenance Services. MOVED BY Councilmember Mike Scharnow to approve Amendment No. 1 to Cooperative Purchasing Agreement 2022-074 with Cactus Transport, Inc, for Pavement Maintenance Services in the amount of $154,609.86, SECONDED BY Councilmember Sharron Grzybowski. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye H. CONSIDERATION AND POSSIBLE ACTION: Approval of American Ramp Contract 2023-051 for Skate Park renovation. Mayor Dickey opened the item up for public comment. The following resident addressed the council. Caleb Dassinger, a contracted teacher for the Town of Fountain Hills, spoke in support of the skate park renovations. Wes Nourse, a Fountain Hills resident, spoke in support of the skate park renovations. Written comments - in support of the skate park renovations. Brittni Thyfault Lindsey Michaels MOVED BY Councilmember Sharron Grzybowski to approve the American Ramp Contract 2023-051, SECONDED BY Councilmember Alan Magazine. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye I. CONSIDERATION AND POSSIBLE ACTION: A cut and fill waiver to allow hillside cuts in excess of ten feet for the development of a single-family residence at 15341 E. Firerock Country Club Drive. MOVED BY Councilmember Sharron Grzybowski to approve cut and fill waiver CFW22-000001, SECONDED BY Councilmember Alan Magazine. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye 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 Having no further business, Mayor Ginny Dickey adjourned the Regular meeting of the Fountain Hills Town Council held on November 15, 2022, at 8:38 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 15th day of November 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd Day of January 2023. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 1 of 77 Post-Production File TOWN OF FOUNTAIN HILLS November 15, 2022 City Council Meeting Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 2 of 77 MAYOR DICKEY: Good evening, everyone. Please stand for the pledge and remain standing. ALL: I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Thank you. Please remain standing for a moment of silence. Thank you. Roll call, please. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Here. MENDENHALL: Vice Mayor McMahon. MCMAHON: Here. MENDENHALL: Councilmember Friedel. FRIEDEL: Present. MENDENHALL: Councilmember Scharnow. SCHARNOW: Here. MENDENHALL: Councilmember Magazine. MAGAZINE: Here. MENDENHALL: Councilmember Spelich. SPELICH: Present. MENDENHALL: Councilmember Gryzbowski. GRYZBOWSKI: Present. MAYOR DICKEY: Thank you, Linda. Our first item is reports by Mayor, Councilmembers and Town Manager. Grady? MILLER: Mayor, I have no reports tonight. MAYOR DICKEY: Thank you. MCMAHON: Good evening. I just wanted to mention that I attended the East Valley Partnership Board Meeting and it was the first one in person for a long time, so it was really great to see everybody in person vis-à-vis, not -- instead of Zoom, excuse me. Also, the Leadership Academy had a really nice graduation for their class VI, so that was really a special event. And we, Mayor Dickey and I, attended the Veterans -- you know, TOWN OF FOUNTAIN HILLS Page 3 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 3 of 77 putting up the new sign when you come into Fountain Hills off of Shea, on Fountain Hills Boulevard, there's a new Veterans sign up there honoring the wounded veterans. And that was really a great short ceremony as well. Thank you. MAYOR DICKEY: Thank you. Gerry? FRIEDEL: Thanks, Mayor. We had a great fair this past weekend in town. And if I can take a second to just do a little public service announcement -- at the basketball game on Monday, November 21st, if you bring a toy you get in free and then you get to throw the Toys for Tots into the court at halftime, so -- get there and bring a toy. Thank you, Mayor. MAYOR DICKEY: Well, thank you. Mike? SCHARNOW: Yes, thank you, Madam Mayor. Yes, it was a good festival. A three-day festival organized by the Chamber, of course, and I was down there partially on Friday and all-day Sunday with Noon Kiwanis, so raised some funds for our causes and beautiful weather. So Chamber of Commerce weather, as they say. And I guess it was yesterday, we had a second meeting of the Hall of Fame committee. If you don't know, there is a Lower Verde Valley Hall of Fame and I'm on that committee and next week we'll be announcing a nomination form, so if you know somebody who you think is deserving to be in the Hall of Fame from this area, go ahead and nominate them. And lastly, today there was a Zoom meeting with Supervisor Galvin and some county folks about the opioid settlement and it was more about pray for staff, but I'll give it to Grady and give you some more details on some money that hopefully the town will be getting soon, so. Thank you. GRZYBOWSKI: Thank you. First of all, I love Stellar Student Day. I love it when you guys are here. First of all, having lots of people is kind of cool, but having the kids here really makes it special and I'm going to tell you right now, you can stay if you want to. Don't make your parents TOWN OF FOUNTAIN HILLS Page 4 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 4 of 77 drag you out. I know you want to stay because these meetings are super exciting. Don't laugh, they are. Let's see. This go-round, Peggy already mentioned it once, but we had our Class VI graduation for the Fountain Hills Leadership Academy. If you're interested in the Leadership Academy next year, look for the applications probably late spring and you'll find them on the I Love Fountain Hills website. Last week, the Community Services won the Outstanding Sports Program from the Arizona Parks and Rec Association for their Skate School and Skate Classic, which is held in partnership with the local business, Brilliant Victory Skateboards. There's actually a half-page -- I'm going to say ad -- but a half-page writeup on us in the Arizona Parks and Rec magazine and if you know what you're looking for, we're actually in this little teeny-weeny picture right here, too, which is kind of cool. And I know we're talking about the skate park, so I wanted to be sure and at least mention it in passing. So that's kind of exciting. Thanks, guys. MAYOR DICKEY: Thank you, very much. Yes, congratulations to that class, that leadership class. It was a very nice get-together, despite the rain and the wind. And it was another bunch of good projects and I look forward to working together with them. Peggy mentioned Veterans Day. So I went down to the Veterans Day Memorial in the morning, but then right after that -- oh, so they had the flyover three times and once with the missing man flyover and then literally while everybody was looking up, I'm assuming the resident bald eagle decided to make this big appearance. So it was a flyover that just -- like, you could kind of hear the gasps of people. It was pretty amazing. And then when that was over, we went over to Fountain Hills Boulevard where we had the Purple Heart insignia installed with Phil Yen (ph.), and I want to thank Justin (ph.) very much for that. He is a big part of that. And MCSO for directing traffic because the fair was going on, so it was kind of a busy, busy morning. I attended the Arizona Mayors Education Roundtable yesterday, which is a fairly new activity for us. Manager Miller and the Superintendent Cain Jagodzinski is also part of it and they talked about -- there's this Education Progress Meter. I think we'll get that TOWN OF FOUNTAIN HILLS Page 5 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 5 of 77 website out there. But it's pretty interesting. You can put any district or any school in there and it's -- from my first glance, Fountain Hills looked pretty darn good. And then their second presentation, which isn't public yet, was an economic impact of post-secondary attainment, which obviously has to do with not only just the income of the individual, but how that does to the rest of the community and fiscal health of community, so that's it for that. Our next item, as mentioned by Sharron, is Stellar Student Day. So the way we do this is I read your name and the little blurbs about the kids, and then Angela (ph.) has your plaque and then you just kind of come up here. And then when we're done, I come down and the newspaper will take a picture and we'll congratulate you. So we always start with McDowell Mountain. So I'll still do that tonight and our first person is Shiloh Maroon, and come on up. Shiloh is always a Stellar Student in PE class. She sets a good example with her attitude and effort. She currently holds the record for most consecutive jumps with a jump rope. ALL: [LAUGHTER]. MAYOR DICKEY: She always does her best and is a good friend to others. Shiloh is always willing to help others and provide support. She is kind and respectful and a pleasure to have in class. Shiloh Maroon. Next, also from McDowell Mountain, is Charlie Schafer. Is Charlie here? Yay. So Charlie is a Stellar Student in PE as well. He always does his best in the activities and exercises. We recently had a PACER running test where students run back and forth across the gym. Charlie was able to run 95 times across the gym. ALL: [LAUGHTER]. MAYOR DICKEY: This score was much higher than anyone else in the school. Charlie works hard. He plays by the rules and he demonstrates good sportsmanship. Charlie Schafer. Next, we go to the middle school and Elisa Prescott. Is Elisa here? All right. Elisa is an awesome middle school student and citizen. She works hard to maintain her good grades. She's a great citizen and earns many PBIS points as she is kind and respectful to everyone. Elisa. Next from the middle school is Jayden Newsom (ph.). Is Jayden here? Oh. Well, we'll TOWN OF FOUNTAIN HILLS Page 6 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 6 of 77 read good stuff about him. Jayden is always on task. He's helpful to others and respectful to students and staff. He recently moved to the honors classes and by working diligently is flourishing. So let's give Jayden a hand. From the high school, Julia Owers. Is Julia here? Yay. So Julia has been my student for two years and is a pleasure to have in class. She's quiet, contemplative, and works very hard to remain at the top of her class. During a time when many students are struggling to get back on track after the turmoil of the past two years, Julia serves as a great role model in class for the other students. She's goal-oriented and will be an asset to any organization that she chooses to work with. Julia. And Devon Copeland (ph.) from the high school. Is Devon here? Is he hiding? No. ALL: [LAUGHTER] Well, I have known Devon for two years as his math teacher. Devon is an outstanding student in class and he's also a very polite and respectful young man. Devon is a musician who enjoys listening to hard metal bands such as Cannibal Corpse, yet he remains down to earth, motivated to excel in school and is a pleasure to work with in class and to converse with. And if he was here, I would tell him he has to look up my son's band in Philly, because that one's called Crypt Sermon, so we're all good with the metal. Devon. All right. UNIDENTIFIED SPEAKER: (Indiscernible). MAYOR DICKEY: Good. Come on up. Thank you for coming, Devon. Yay, congratulations, everybody. GRYZBOWSKI: And remember, you can stay if you want to. Don't let your adults drag you out. MAYOR DICKEY: And of course, I always say, you are free to go, so. ALL: [LAUGHTER]. MAYOR DICKEY: You won't hurt our feelings. Let's see. Our next item is a proclamation for Small Business Saturday, which we like to do before Thanksgiving. I'll read this from up here. We're not presenting it to anybody, but it's just a good reminder. TOWN OF FOUNTAIN HILLS Page 7 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 7 of 77 Whereas, the Town of Fountain Hills celebrates our local small businesses and the contributions they make to our local economy and community. And whereas, there are 32.5 million small businesses in the United States, small businesses represent 99.7 percent of firms with paid employees, small businesses are responsible for 62 percent of the net new jobs created since 1995, and small businesses employ 46.8 percent of the employees in the private sector. And whereas, 79 percent of consumers understand the importance of supporting the small businesses in their community on Small Business Saturday, 70 percent report that day makes them want to encourage others to shop small independently owned retailers and 66 percent report that the day makes them want to shop small all year long. And whereas, 58 percent of shoppers -- lots of percentages here -- 58 percentage of shoppers reported they shopped online with a small business, and 54 percent reported they dined or ordered takeout from a small restaurant, bar, or café on Small Business Saturday in 2021. And whereas, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. So therefore, I, Ginny Dickey, do hereby proclaim November 26th, 2022, as Small Business Saturday and urge the residents of our community and communities across the country to support small businesses and merchants on Small Business Saturday and throughout the year. So go shopping, support our local small businesses, especially on that day after where everybody runs to the big-boxes, so thank you. But we have our own big-box, so you can go there. All right. Next, we are having some presentations and we were talking about Make A Difference Day at our last meeting and that we were going to have a video to show. Grady, is that you? MILLER: It's all cued up and I believe -- is Kim Wickland (ph.) here? Rachael, are you going to do this? GOODWIN: I was hoping Bill would, I though Bill was on it, so -- Kim is not here. UNIDENTIFIED SPEAKER: Neither is Bill. MILLER: We've got it all figured out. It just needs to be cued up, so. TOWN OF FOUNTAIN HILLS Page 8 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 8 of 77 GOODWIN: Kim is under the weather today. MILLER: Okay. Our communications director is going to go ahead and play this back. But just as a refresher, we just completed a few weeks back our annual Make A Difference Day and this video about five minutes long or so and it pretty much shows the highlights from this past year's event. And we're very fortunate for all the community volunteers that we have in our town that actually come out on this particular day and help out their fellow neighbors with projects that they have, particularly landscaping, cleaning, things that they need to help out one another. With that, I'll turn it over to Mr. Larsen, who's about ready to -- LARSEN: Well, you're talking. MILLER: -- get this going. ALL: [LAUGHTER]. MILLER: Okay. No, I apologize. We thought the video would be cued up, but it's presently not. So I'm going to dig it up here. It's definitely on YouTube, I know that. LARSEN: It's definitely on YouTube. SCHARNOW: Grady, do you know about how many volunteers we had that day, or approximately? MILLER: Rachael, was it over 200? GOODWIN: It was closer to 400 that day. MILLER: Okay. Why don't you -- why don't you come up and just kind of give the recap as we're waiting to pull this up? That would be great. Because the number of projects, too, I think with what we told you before the actual event versus what actually we had as far as number of volunteers and projects, the numbers actually increased as people waited until the last minute to sign up, so -- do you want to share, like, how many projects that those 400 volunteers worked on? GOODWIN: Sure. The -- [VIDEO] GOODWIN: Well, I can talk really loud. I know you guys can hear me. MILLER: You can just speak in the mike, here. GOODWIN: Sure. MILLER: Throw this out. TOWN OF FOUNTAIN HILLS Page 9 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 9 of 77 GOODWIN: No worries. The Make A Difference Day, I know we covered this at our last meeting, was a great success, as they have been over the last years. Kim does a wonderful job organizing. We had almost 400 volunteers join us for the day with almost 40 projects. We had close to 35 residential projects where we did landscaping, where we did some cleanout for folks. Most of these were exterior. A lot of -- again, a lot of yardwork for some of our older community that just don't have the means to keep up with it. And then we did a number of projects around our community and on our campus here. We did some plantings around the Town Hall as well as down the Avenue of the Fountains. Again, beautification projects to do so. We also had a number of groups help us out by making care cards. They came to the Community Center to design cards that we share with our homebound residents through out home delivered meals program, so that happened. We also had a number of donations shared with us, including our dumpsters for Public Services. And then last but not least, we also had a large project going on at the high school. The high school did a major cleanup in partnership over there, and I want to say they had probably more than 40 folks there. Mayor, I know you were there. It was a really big group. They took care of a number of projects over there, including the cleanup of the Special Needs Garden in that area. So I know that that was a really, really big success. MAYOR DICKEY: The falcon? GOODWIN: Yes, and the falcon. All right, I think we are ready to roll. Awesome. Thanks, Bo. UNIDENTIFIED SPEAKER: You're welcome. MILLER: Mayor and Council, thank you very much. As she said, it is a wonderful event and it was a lot of fun going around getting all the pictures and seeing just the fun that people were having on that day. It's a lot of work, for sure, but when you are passionate about something you are making a difference, and that's -- I hope this video shares that. [VIDEO] TOWN OF FOUNTAIN HILLS Page 10 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 10 of 77 MILLER: There were a lot of volunteers, obviously, and a lot of people donated photos. I also want to thank Bob Burns of the Fountain Hills Times for sharing some of his photos as well to make this come together because it's -- when you have 39 or 41 locations and a lot of people to take pictures of, that's a lot of running around town, so I can't do it all. But you can see some of the groups that participated that day and so I hope this video, you know, they're happy with it and something they can use to help recruit volunteers for next year. MAYOR DICKEY: Thank you, Bo, very much. And I ended up following you around kind of that day because I -- after I did all my work at the high school, I had to go to all the other places, so. Yes, Mike? SCHARNOW: No, I do have one suggestion or recommendation for next year. In addition to the t-shirts and the gloves and the water and all that stuff, maybe some kind of pain reliever for the sore -- ALL: [LAUGHTER]. SCHARNOW: -- sore muscles the next day, just to, you know, not opioids of course, but some kind of pain reliever, so. MAYOR DICKEY: I thought your suggestion -- I thought you were going to give us your address as your suggestion. Thank you very much. So again, thanks to everybody for doing what you did for our community. Our next item is our financial audit. Grady, do you want to kick that off? MILLER: Yes, I will. I'm pleased to introduce Jennifer Shields. Jennifer Shields is the audit manager with Heinfeld Meech. Under law, it's required that we undergo a financial audit every year and Ms. Shields will be providing an overview of her review or her team's review of our finances. With that, I'll turn it over to Ms. Shields. SHIELDS: Thank you, Mr. Miller. Mayor Dickey, members of Council, it's a pleasure for me to get to spend a few minutes with you this evening to talk about the financial audit. I know it's often not everybody's favorite thing to hear about, but there are a few key pieces of information that I'll go over. TOWN OF FOUNTAIN HILLS Page 11 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 11 of 77 Our audit standards require that the auditor communicate with those charged with governance, so yourselves, specific information and I believe you've been provided with a copy of a letter that we sent that actually includes all of those required communications; also, each one of the audit reports that we've issued. However, as Mr. Miller stated, there's a statute that we're also required to be present to engage in dialogue. So with that, I'll just kind of cover in summary. The audit itself started back in April and that was when the engagement letter was issued and then preliminary fieldwork. We come out usually two times a year, so the first visit that we made on site happened in August and then the second visit was just a short time thereafter in September. And so between those two visits we perform all of our site work, work with, you know, certainly the finance staff, but then also other individuals throughout the town and in late October, it was October 22nd was when we provided a draft of all of the audit reports to management. Management has the opportunity to review all of those financial statements and reports and provide concurrence and/or any changes that may be necessary before the issuance of the report, which occurred on November 3rd. So that's kind of the timeline. It seems like it's a very long time, but there's a lot of work that goes on with that. So in just talking about the scope of the audit services that we perform, the Town is required to undergo an audit in accordance with both generally accepted auditing standards as well as government auditing standards, and then we issue also and perform procedures so that we can issue the report for some state compliance requirements related to highway user revenue funds as well as the annual expenditure limitation report. And let's see -- there was a very large accounting standard that was implemented this year, so thanks to David Pock and his team for doing all of the hard work and doing the implementation there. The standard was -- it's referred to as GASB Statement Number 87 and it's on leases, so there are some new financial elements, a new requirement in the financial statements related to that. In terms of significant estimates in the financials, obviously there are some estimates that occur and the biggest ones that are present within the Town's financial statements are those that include the useful lives of depreciable assets, as well as the allowance for uncollectable receivables that may exist that are out there. TOWN OF FOUNTAIN HILLS Page 12 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 12 of 77 There are no audit adjustments that we came across that are required to be reported to you all this evening. And so that's really good news. There's also no disagreements with management about accounting matters, financial principles, and those types of things. Through the course of the audit, we do as a firm, HeinfeldMeech -- we perform nonaudit services and those nonaudit services are in the form of actually drafting the financial statements, so we have assisted with the preparation of that and then, as I mentioned earlier, provided all of the reports for management to review. Let's see. There are also -- as your independent auditors, we are required to be independent, of course, in fact, and also to maintain our own ethical responsibilities within our framework that we follow, and so I'm happy to report that we are still independent and we did maintain all of our ethical responsibility. In terms of the actual reports that were issued, I believe you all have electronic copies. The largest one of those is the annual comprehensive financial report, a hundred-and- some-odd pages long. And those are the financial statements related footnotes for the Town for the year-end of June 30th of '22. Our pages in there are the audit opinion and I'm pleased to report that there was an unmodified audit opinion, so in layman's terms that's the clean opinion or the best opinion that you can get. As we move into the other reports that were issued, a single audit report was required. So the single audit is required when the Town expends more than $750,000 of federal financial assistance in any given fiscal year, and so again with -- a couple of years ago it started with the CARES Act money and then it morphed and -- so under the ARPA federal stimulus act, the Town did receive monies and expend those monies in the last fiscal year under the -- if I can get the acronym right -- the Coronavirus State and Local Fiscal Recovery Funds. So that was the program that was audited there and there were no findings that were required to be reported under the federal programs or under just internal controls in general. The other two reports also contained no findings, but they are the annual expenditure limitation I mentioned and also the HEERF compliance, so compliance with the laws and regulations for those. And then just in summary, management as always is incredibly helpful for us in gathering all of the documentation. It's no easy feat to gather everything that the auditors TOWN OF FOUNTAIN HILLS Page 13 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 13 of 77 need and as Mr. Miller mentioned, of course we have a whole team of people that come out and work on the project and so everybody has been incredibly helpful to us in getting that information, so that it's just a mere short few months after fiscal year ends that we're here tonight to present the report. And with that, I will be happy to answer any questions. MAYOR DICKEY: Thank you very much, appreciate it. Grady, do you have anything to add? MILLER: I do not. It's a testimony to both the incredible staff that we have and the financial practices and policies that the Council has put in place. So no, that's all I have to say. MAYOR DICKEY: Any questions from anybody on the Council? UNIDENTIFIED SPEAKER: Nope. MAYOR DICKEY: Well, there you go. Thank you so much, we appreciate it and thank you for coming out. SHIELDS: Thank you so much. MAYOR DICKEY: Our next item is our economic development presentation, our first quarter report by Amanda Jacobs. Thank you, welcome. JACOBS: Thank you, Madam Mayor, members of Council. So again, this is our first quarter report. I'll pull up our PowerPoint presentation and it's through July 1st through September 30th. And then actually before I officially get started -- I know some of you have met our new management analyst, John Perez, but John, could you stand up? I wanted to introduce him to some of you who have not met him or to our community members. So John, welcome. John has been with the town now two months. He has a little over three years of local government experience with Maricopa, Mesa are just some of them and he obtained his master's degree in public administration earlier this year. And so we're pleased to have him join our small but mighty team. So we're now fully staffed. MAYOR DICKEY: Welcome, John. JACOBS: All right. So as usual, I'll go through our business attraction, retention, our TOWN OF FOUNTAIN HILLS Page 14 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 14 of 77 grants, marketing, tourism, and then added some slides of data that, of course, our community's been asking as well as our elected officials. So our first quarter, we have some new businesses to welcome. Atticus Books & Music, HonorHealth Primary Care, TDC Financial, and Veeta's Vegan. I know several of you are enjoying Veeta's, so I've heard. ALL: [LAUGHTER]. JACOBS: All right. Let's adjourn, right. ALL: [LAUGHTER]. JACOBS: All right. And then I'll just kind of gloss through this. These are a few of the businesses again coming soon. I hear either by the end of the month or beginning of December, Manny's at Park Place, so again, you men, there's been all these women clothing stores. A men's store will be coming, hence Manny's. Again, the end of the month -- yes -- ALL: [LAUGHTER]. JACOBS: -- thank you. Y'all, it's going to be a long night. All right. Business Retention and Expansion. So I wanted to highlight one of our businesses, BehaviorAlly. So BehaviorAlly is direct therapy for those who have been diagnosed with autism spectrum disorder. They actually started off in our BizHub, so Four Peaks Elementary School. And this is a success, an exciting story where they relocated. They grew out of that space and are now in our downtown off of the Avenue, and so went from 840 square feet to over 2,000 square feet and they also doubled in staff and counting. And then later this month through our Business Retention Site Visit program, Councilmember Grzybowski and Betsy LaVoie and I will be meeting with her once sort of the kiddos have left the building, take a tour, and just learn a little bit more about what's happening in the facility and what more the town can do to keep her here and keep growing. So our Business Retention and Expansion continues to grow, so again the town and the Chamber and our rotating councilmembers, so Sharron is joining the fun this month and next month to meet with our businesses and there continues to be a common thread. One is wanting some type of to-do list, checklist of how to start a business. Again, some of our residents were in corporate America and had a dream to start a business, and they're TOWN OF FOUNTAIN HILLS Page 15 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 15 of 77 doing that right here in their backyard and really didn't know how to navigate the system. So again, it's not just Fountain Hills. It's Maricopa County, the state, so we're in the process of doing that and working with development services. Something new that has come up is our folks, specifically our restaurants, really don't care who's putting on the events, whether it's the Town, it's the Chamber. They just want to know about it because there continues to be a staffing shortage and they want to ensure that they are staffing up so our residents and visitors who are coming here have a good experience and return, not just to Fountain Hills but to the restaurants. And then something new to announce that was also included in the Fountain Hill Times, is earlier this year the Council approved a customer relationship management software for the Economic Development Department that's helping us track data that we can provide to you, but it also included a free business directory. So what we've done is we've worked with the Finance Department, received all of the businesses. We have uploaded that into what is called Bludot Open. Before we launched, we tested with ten businesses that were retail, restaurant, hospitality, homebased, to try to work out some of the kinks before that official launch and so it did launch officially a couple of months ago. We did a print advertising campaign with the Times, and then we'll start promoting it more directly to the businesses, stopping in with flyers and social media. And so again that's a free tool. When you go in there, you can search by category, so again restaurants since we've got a round of applause, and then for the clothing store, you can go in and each of our businesses have their own community profile. They can upload promotions. So again, a good tool just to support the businesses and then as our visitors are coming in, we try to keep those sale tax dollars here. And then last on this slide, downtown. So a little bit generic, but to give you an update, as I started in March a lot of our businesses were coming to myself as well as Mayor Dickey to see some improvements along the downtown. Some of those were making sure we put the banners up. The banner poles were empty. And then several of our businesses on one side wanted to bring to our attention that they did not have any trashcans or benches. And so thanks to Town Manager Miller and Justin Weldy, those have been ordered. Again, even with those there's a supply TOWN OF FOUNTAIN HILLS Page 16 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 16 of 77 chain issue, but we're hoping to get those in hand and installed in the next six weeks so again people have a good experience. And so we've started off small with some of the businesses downtown. They're looking to form a merchant association. I'm not going to steal all of their thunder, so stay tuned over the next couple of months, but really the purpose is to work with the Town and the Chamber to drive more economic development and businesses to the downtown. And so whether that's some improvements again with placemaking, the banners, but also how can we have some more events, but events that may not necessarily close the downtown, making it difficult for visitors to actually get to the businesses. So next, this is something new and we'll continue to report on quarterly, but our apartment occupancy rate. So again, not always does economic development usually display this, but again what is important is we're working with Development Services and then seeing how we're growing as a community. So two of our newest apartments are Gunsight and Casa De Lago. Gunsight received their C of O just in September and right now you see they're over 58 percent occupied. Casa De Lago received their C of O in August, already at 83 percent. Four Peaks Vista, those condos, some of them you can purchase, some are for rent. They're at 65 percent. The Havenly is 76 percent occupied, but 92.8 percent leased. So again, they're still in that fifth and final phase of building, but folks have already signed on the dotted line and are ready to move in. Luna at Fountain Hills is at 93 percent and Park Place is at 94 percent. And so the whole purpose, too, in showing this is as you can see, there is a huge demand for people to come to Fountain Hills, our community, but is there a lot of demand? Not so much. And I can speak personally, too. Back in late February when I tried to locate here, I accepted the job, I wanted to ensure that I was a Fountain Hills resident. It was difficult. The stars aligned. I am a resident. But it was difficult. There was not a lot of options. And so we're wanting to have diversity when people are looking to move here. Next, we'll go over this a little bit quickly. We'll probably just introduce this maybe once a year, twice a year. But we're trying to get data as we are gearing up to have our TOWN OF FOUNTAIN HILLS Page 17 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 17 of 77 economic development strategy with some of our community members in January. We had to delay it to just make sure we got people there. There was lots of conflicts in early October. But this is just to illustrate what is left vacant land that we can build on that's residential, commercial, industrial, and lodging. We won't go through all of it. All right. Vacancy rate of existing buildings. So these are buildings that are already existing. So what this table's demonstrating is the overall commercial last month was nine percent. That is an aggregate and includes the office, industrial, and retail. Some of that continues to fluctuate by month. So I'll tell you our office is 17.2 percent, industrial is 1 percent, retail is 5.4. Our source is CoStar, which is one of the leading real estate commercial divisions that provides data and analytics. I will tell you the office and the retail is slightly higher than what they are publishing, what is in that report. And why is that? It is because through our research what we're finding is there are some businesses, property owners or brokers who are not actively marketing their site. So y'all, if I don't know -- if somebody is coming to me, I can't say hey, look at this. We have 5,000 square feet. Or if I'm starting to target different businesses to say hey, you should be interested in Fountain Hills, there are certain things that again I cannot provide because I don't know. So last month I shared with you we're going deeper into one, meeting with property owners, meeting with commercial brokers, to again understand why aren't they actively marketing? Is there something that the town can do to assist them? Some we can't even get ahold of them, and some are just choosing because of the cost to produce a marketing brochure, to actually post it on some of these sites, is prohibiting them to do that. But rest assured, your small but mighty team is going to go out there and start documenting this. It would be more efficient if we had the data, but we don't. It is what it is, and so we'll continue to plug away to close the gaps of those vacancies. All right. So Arizona Office of Tourism Prop 302 grants, we mentioned a little bit of this in August. So our estimate for this fiscal year, so ending June 30th of 2023, is over 67,000. I had mentioned we were waiting to hear back from AOT to see what rollover money we would have. So again because of COVID they underestimated, so the Town is actually going to get almost $18,000 more. We're working on putting together that TOWN OF FOUNTAIN HILLS Page 18 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 18 of 77 strategy. But this year is the final year that there's any rollovers, so we need to spend the money. Some of the project element is targeting to Canadians and doing print advertising. We are updating our Experience Fountain Hills website. We have hired data-driven marketers. It is a business owner that used to live in Fountain Hills. She moved back to Chandler to be closer to family. We won't hold it against her. But really what they're doing is looking at the back end of the search engine, key words, making sure we're ADA compliant and giving us that data so that when we redesign it, it helps right to get the right targets. And then our visitors guide, a couple of things. Again, we will have those in hand in December to be ready for January. Historically, we were printing those and distributing them in March and April, which is a little too late. We're losing our visitors. And then we've expanded it. So a couple things that were missing in the guide was one, our dark sky. There's no mention. That will now be a full page. We are adding live music and promoting our restaurants that are investing to have that other experience, if you will. And then also including meeting and conventions, right? That again helps us with fed tax and sales tax. And then an update on our Arizona Office of Tourism, Visit Arizona Initiative Grants. So in August, I came before Council and asked for your support to apply for three different grants. We're going to start with the bad news and end on the good news. So we applied for the Outdoor Revitalization Grant and it was the Centennial Pavilion, also known as Rachael's Umbrella, and unfortunately we were not awarded. So again, we thought we made a strong case that it was tourism related, but really the majority of the use needs to be for tourism, so that's why it was not awarded. Then we applied for the Partnership Grant, and we wanted to expand our annual Irish Fest to two days. So I'm going to own that I made a mistake. So I had told Council that it was going to be a 20 percent match. It was actually 50 percent. So when we got it back we only got half, which didn't even cover the second day. And so I own that. I apologize. So we had to deny the award. But the good news. So the Marketing Grant. So last year we applied and accepted $10,000. This year we collaborated with Community Services, the Chamber, the Dark TOWN OF FOUNTAIN HILLS Page 19 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 19 of 77 Sky Association, our Community Relations director. And I said, let's roll up the sleeves, we can do better than this. And so we applied for $230,000 and we received $230,000. I'm kidding. I'm kidding. So the team is already hitting the ground running, and so there are billboards on the street, five to be exact. There's broadcasts and digital marketing that I'm hearing people throughout the state, not just Fountain Hills, are hearing. Again, updating the website, doing print advertising with Phoenix Magazine. And then we're working with a public relations firm to get, again, get us out there, wider, bigger. Right? Bo is doing a fabulous job, but Bo too is just one person. So how do we expand it with our marketing dollars? And we received not a request but a referral from David Racich with Brokers Alliance as well as Peter Volny, who does our big car show. They work with Evolve, Jennifer Kaplan, and so we're hitting the ground running. Actually, we kicked it off today and we'll have her services for three months. And again, that is to benefit the entire destination, so we're working with our hotels, we're working with the museum, the Dark Sky Association. Lots of good stuff happening. Quick update on branding. So again we had three focus groups. We had over 700 responses to our initial survey. And then the team is on track and the team is Gordley Group to bring back a couple of options for Council to vote on, on January 17th. If for some reason we don't, you know, reach that target, I'll continue to keep our Council apprised as well as the community. Partnerships. Again, I'm not going to go through all of this, but just a quick update. Arizona Business Advisors, we have modified our agreement with them. We are currently looking, so again I've given Council an update, but for our community we're looking to see the feasibility of having a coworking space and then we'll also be partnering with ASBA as well as the Chamber to put on some free workshops to our businesses related to social media, marketing, pricing as we're facing inflation. And then I think this is the last slide. So tourism, our hotel occupancy from last quarter was 62 percent. Again, it's a little bit on par from, you know, looking at those months, July, August, September, you usually see a decrease. And then for our website, there was over 13,000 unique visits. And I told you I'm always going to be transparent. It went down by almost 18 percent. And part of that is again, TOWN OF FOUNTAIN HILLS Page 20 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 20 of 77 was there a lot of activity happening? Not so much during the summer months. So we'll be continuing to look at that and adding rich content to the website to keep people there. And then, just in case you're interested, this just helps us with marketing. The top five cities visiting: Mesa, Scottsdale, Phoenix, LA, and Omaha, Nebraska. And with that, I'll be happy to answer any questions. MAYOR DICKEY: Thank you, Amanda. JACOBS: You're welcome. MAYOR DICKEY: Councilman? MAGAZINE: Amanda, as you well know, our citizens express real concern about the number of empty storefronts in town. You have listed retail as 5.4 percent. First of all, that does not sound excessive to me; however, if I hear you correctly, that's probably not a correct percentage. JACOBS: Madam Mayor, Councilmember Magazine, that is correct. I would say it is slightly higher. I'm hoping by the next quarter, as again we're doing -- we're now led to do some manual work, that we're going out with those property owners, looking at if there are posted signs, collecting that data. So then we can say at least 98 percent accuracy what the rate is. MAGAZINE: Do you have any idea how, if it were 5.4 percent, how that compares with any other communities? JACOBS: So great question and so looking at Phoenix, Queen Creek, Paradise Valley, some of that we are in par with, specifically the office. And I think I've shared with you guys, again one-on-one or in public, that right now is sort of the norm because of COVID. People were sent home and some of those employees do not want to come back. And so that's pretty normal. The retail as it is, the 5.4, it's low. I'm saying it is a bit higher. It's probably higher in Fountain Hills, compared to the other municipalities. MAGAZINE: I've heard from more than one source that the reason some of the owners of the retail shops are not marketing them has to do with taxes, and tax abatement and so on. Do you know anything about that? JACOBS: Madam Mayor, Councilmember Magazine, I do not. So I don't want to put that out there unless I've heard from the horse's mouth. So that, I have not heard directly. TOWN OF FOUNTAIN HILLS Page 21 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 21 of 77 MAGAZINE: Okay. Thank you. JACOBS: You're welcome. FRIEDEL: Hi, Amanda. Thanks, good report. JACOBS: Hello. FRIEDEL: A couple of comments. Maybe, I'm not sure, but maybe some of our commercial realtors in town can fill you in on the real vacancy rates, so just a suggestion. Maybe you can check with them. And then I'm wondering about, you know, the outreach to the Canadian magazine and that. Do we have any measured results from that at all? And the reason I'm asking that question is because I'm wondering if we could take that if it's effective and maybe duplicate it and go to a state that has high taxes -- we are one of the lowest taxed states in the country -- and maybe find a magazine that appeals to the communities there and look at doing some advertising there and bring a business here where they'll certainly thrive because Arizona is one of the lowest tax states in the country. JACOBS: And then so Madam Mayor, Councilmember Friedel, we are modifying what we've been doing. Typically, we've done a print ad and then there's no call to action, so there's no way of really knowing. I'll tell you, a couple quarters ago, we got a call from a Canadian that said, I saw your ad. So you can only get word of mouth. So what we're doing is we're modifying and then maybe you saw it in one of the shots, by adding QR codes to try to direct them to a site and then that's how we'll continue to start to get data. MCMAHON: Excellent report, thank you. JACOBS: Thank you. MAYOR DICKEY: I know I've been places where they asked you how you found out about them and so I don't know how, you know, the sources end up finding out. So if you are in, you know, who knows what -- the Grand Canyon or something and you stay somewhere, they say how did you find this restaurant, and maybe there's some outreach there that can happen. The other thing I wanted to mention about the school district, so I mentioned that the mayors group that I'm in now is all about economic development and education being an economic development driver, and as we move forward with our partnership with the school district, we will always be keeping that in mind. If we thought of them as a TOWN OF FOUNTAIN HILLS Page 22 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 22 of 77 business, they would be the largest employer in town and I think that there's a lot of opportunity there to continue building on that. I know Councilmember Friedel goes to the games and he sees the spirit and he sees what goes on there and of course, we have our Mayor's Youth Council here, so we need the youth. So that's what -- I hope that becomes something that maybe in a few future report we'll have some more information about that. JACOBS: Absolutely. MAYOR DICKEY: Thank you. JACOBS: Consider it done. MAYOR DICKEY: Thank you. Yes, Councilman. SPELICH: Thank you, Madam Mayor. So this is my last meeting, or the last meeting I can say really anything. So -- because the last one will be the goodbye. As I had said a couple meetings ago that I hope that you focus on getting an anchor employer here to Fountain Hills, I think that would be a gamechanger. So I hope even when I'm gone that that will be continued to be worked on, and when is Dutch Bros coming? JACOBS: Madam Mayor, Councilmember Spelich, so the last I heard a couple weeks ago we're finalizing the construction documents. We're waiting -- the Town's waiting to hear back from the other side, and then so as soon as we know, we'll let you know. I know everyone asks me all the time. MAYOR DICKEY: It's like one of the first field trips David and I ever went on. I don't know where we were going, but we drove through and started asking them, so. You know, the guy's sitting there looking at us like, I don't know if we can come to Fountain Hills, you know, I just work here. SPELICH: I only make coffee, man, I don't build (indiscernible). MAYOR DICKEY: Yeah. I said, could we have your card, you know? And we put the pressure. Thank you, Amanda, very much. Appreciate it. Okay. Our next item is Call to the Public. Do we have any speaker cards, or Call to the Public cards? TOWN OF FOUNTAIN HILLS Page 23 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 23 of 77 MENDENHALL: Yes, Mayor. We do. We have one, Stephen Gay. MAYOR DICKEY: Thank you. Don't give us your address, but just let us know if you live in Fountain Hills? GAY: Yes. MAYOR DICKEY: Thank you. GAY: Stephen Gay. I live in Fountain Hills and I'm a recently retired captain with American Airlines. So now I have time to come to town council meetings. [LAUGHTER] GAY: I'm not on the road all the time. So on this last day of the current town council, I'd like to quickly thank Mayor Dickey, our great councilmembers, our Town Manager Grady Miller, and all the staff for their hard work during this term. I feel your efforts have made my town a much more livable place and according to a recent survey, 96 percent of our residents feel the same way. On a side note, I recently attended a presentation Officer Kratzer made and he talked about law enforcement in Fountain Hills, and I was very impressed with his professionalism and enjoyed the breakdown of calls the department makes, or takes. It just confirms what I'd known for 18 years, that we basically live in Mayberry R.F.D., except for when marauders from neighboring towns dump their waste in Fountain Hills. So anyway, I'd also like to acknowledge the fact that while we sit comfortably in our chairs for long meetings lasting two or three hours, Officer Kratzer is stoically standing in the back of the room there, keeping us safe. Not an easy task and I thank him for his effort, and thank you guys for such a fantastic effort. And about the outreach to Canadian people, I once met a Canadian, and if he is -- he was a fine chap, very friendly and outgoing, and if all Canadians are like him, we need to get all the Canadians we can here in Fountain Hills. So thank you. I appreciate it. UNIDENTIFIED SPEAKER: And get some monitors here. Yeah, Mike or Robbie, if -- MAYOR DICKEY: I think they just went in there, yeah. UNIDENTIFIED SPEAKER: We're having issues with the presentation monitors on our dais. TOWN OF FOUNTAIN HILLS Page 24 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 24 of 77 MAYOR DICKEY: Seven seconds to power off. Well, we'll move on to the Consent Agenda. MAGAZINE: I just want to say it was -- even though it's our last meeting for three of us, hearing those accolades is really, really wonderful. I wish we -- never mind. I'll stop. MAYOR DICKEY: I appreciate that. On the 6th, we'll have an opportunity to speak. Our Consent Agenda, unless anybody would like something removed, could I please get a motion? MAGAZINE: Move approval. GRZYBOWSKI: Second. MAYOR DICKEY: All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Thank you. UNIDENTIFIED SPEAKER: I (indiscernible). MAYOR DICKEY: So our Regular Agenda item, our first item is the Legislative Agenda, which I don't know if -- do we need that to be working, or is it working? UNIDENTIFIED SPEAKER: Can we see it up there? UNIDENTIFIED SPEAKER: I won't know until we try it out. I think it might work everywhere but the dais. MAYOR DICKEY: Okay. Well, Jack, welcome. Come on up and we'll work our way through this. MILLER: So as Jack is getting ready and trying to pull up his presentation, I wanted to just remind the Council that this is the second year that we've had a Legislative Agenda. Last year, for the first time with Jack's efforts and Council direction, we were able to get our very first Legislative Agenda. What is a Legislative Agenda? It's basically a nice fancy term for what are the Council's priorities as it relates to the state legislature and trying to have our lobbyists go and present our interests and try to defend our state shared revenue and other major policy issues that the Town Council feels is very important. I'm going to turn it over to Mr. Lunsford, who has a presentation on this tonight and he's going to go over some of the areas that has changed from last year to this year. And I'll TOWN OF FOUNTAIN HILLS Page 25 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 25 of 77 turn it over to Mr. Lunsford. LUNSFORD: Thank you, Manager Miller, Madam Mayor, and Council. It's great to be with you. If I could add just one thing before I begin to what the Manager said, is this also gives me broad guidelines and parameters within which to operate, so I don't have to call here every once in a while and say, hey, can I do this or can I do that? This is really, really important. It's a premise that I have operated under for most of my professional career. So with that, I really appreciate the fact that the town has -- there we go -- that the town has in the past adopted a Legislative Agenda and I hope and urge you to adopt this one this year. I'm not going to dwell on this. You already know the mission, but I include it because it is, again, part of my guidance in support of the town and the same for its strategic priorities. You all have adopted these. You know what these are. I pull them off of your documents. But they are, again, what helps drive me in what I do. In 2022, we had some key positions that I want to remind you of what they were. Obviously, number one was to preserve the urban revenue sharing at 15 percent. There were conversations about reducing that. I'll mention what happened to it in another slide coming forward. Whether there was any expansion of legislative authority in SB 1487 investigations; there were not, so we didn't have to deal with that. Addressing the impacts of short-term rentals; and of course I was really excited to see it's up for -- the ordinance is up for adoption tonight. I will tell you that I was able to weasel my way into the negotiations at the very end on this. They were not simple. The industry side was very specific on what they wanted to accept and also, I will just allude to the fact that the Arizona Association of Realtors was at the table and they were very specific. What we ended up with is legislation that now provides the guidance for which you will consider this evening. And the last one was the adoption of legislation, actually prohibition of the use on any other days for fireworks, and I commend Representative Amish Shah, who ran that legislation last year and we were able to support that. My only lament on that is, and I tried to get the amendment passed, you may recall, where there's no teeth in it. So if you think about this, you know, if somebody calls and said hey, I got fireworks in TOWN OF FOUNTAIN HILLS Page 26 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 26 of 77 my neighborhood, and law enforcement's out in a different call, they're not going to come to your house. There's a long delay because there could be something else. I proposed some financial penalties for violations. I hope to try again with Representative Shah this year on our behalf. So the league has adopted their resolutions. I incorporate those because they were unanimously supported -- Sorry, my daughter in Washington, D.C., called me. And you couldn't hear it because it's in my hearing aids. Anyway, so I include these because they were unanimously adopted by the league. Key ones, you know, the fact that you don't have to -- or we would hope that the legislation is passed where you don't have to adjourn a regular meeting to go into special for adoption of a budget, and then back into regular, and so on. Number two doesn't essentially apply to the town, but in terms of number three, there was actually some legislation last year that expanded this, but to allow for the posting of notices in either newspapers or municipality website or a local newspaper or any or all of those. The fact that we wouldn't have to require exhibits to be published if the exhibit's location is listed within the adopted ordinance, requiring contact information on political signs that are not directly affiliated with a campaign, support additional appropriations to the state trust fund, and provide authority to grant local governments an extension in time to review on liquor license applications. Core principles always and I refer back to these again, but state shared revenues in particular. The state shared revenue, urban revenue sharing, those are synonymous terms, was at 15 percent. With the recent tax reform, it was increased to 18 percent for ongoing now. It's in place. Obviously, we want to do everything we can to oppose any preemption of local authority, which is local control, protect the Town's ability to self-govern, fight unfunded mandates that prohibit councils to set any policies, and really obstruct or stop one-size-fits-all municipal government solutions that the legislature may propose and adopt. And you wouldn't believe how often they do that, and they go, oh, you know, we don't like this particular municipality. They will target them. And they'll run something and then it applies or affects to everyone else. TOWN OF FOUNTAIN HILLS Page 27 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 27 of 77 So as I mentioned, legislative position for '23, we want to preserve urban revenue sharing. We want to oppose any legislation that reduces the amount of transaction privilege taxes the municipalities may levy on food and oppose those that they may levy on rental property. Now, these last two were issues in the gubernatorial campaign, but that doesn't preclude from any legislator -- now that we know who the governor is and who's not a proponent of those issues -- it doesn't preclude any legislature from introducing those. So we need to be prepared to oppose those particular things. Also, we want to do everything we can to support the extension of Prop 400. I was in that coalition meeting every week. The governor's veto was a shock to all of us, including the sponsors. I've had direct conversations with those. And many of you have been a part of, or had reports about what MAG is considering. I just heard yesterday that there will be an effort for the alternative expenditure limit for K-12 in a special session, and MAG and other entities are trying to couple extension of Prop 400 with that. Stay tuned, because I don't know if either or both of those are going to happen. Well, obviously, what I would like to see and Chairman Jack Sellers -- well, a past chair -- of the Board of Supervisors has been proposing that Maricopa County get parity with the other 14 counties. For those of you who don't know, the other 14 counties don't have to go to the legislature to get authority to hold an election for their own transportation. I've had direct conversations in the off season with legislators and there are multiple opinions on it. So we'll see whether that comes to pass. And anything else that might raise its head, although we thought that there might be a moratorium with the passage of the legislation on short-term rentals, but you never know. A legislator could introduce something else that perpetuates the negative effects or adversely effects the ordinance of which we hope that you will adopt. MAGAZINE: Jack, to your knowledge, has there been any discussion about permitting localities to limit the proximity of short-term rentals, like we have done with sober homes and so on, so that they're not bunched together or right next to each other? LUNSFORD: So Madam Mayor and Councilmember Magazine, there were peripheral discussions about those kinds of things. When the final compromise came down, that was essentially off the board. TOWN OF FOUNTAIN HILLS Page 28 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 28 of 77 Okay, so if I go quickly here, obviously nothing else in terms of 1487 provisions, unfunded mandates, et cetera. I'm not going to stick with these. You've seen these before and I keep them in there all the time. They are also in your printed document. So these are our policy statements. You adopted these last year and we would like for you to continue them all this year and again, they are in the agenda that you have received in your packets. So let me go to this one. I don't have a crystal ball. We know what the results of most of the state-wide elected offices are. We don't know, maybe -- let's see, it's after 7. We might know some more results forthcoming. But what I wanted to talk about was the composition of the legislature and legislative leadership. So it looks as if -- this could change maybe -- but it looks as if that the House and the Senate will both retain single vote margins. So they will have the majority in the Senate by 16-14, and the House by 31-29. It makes for real interesting negotiations during budget because there's no votes to lose if you're in the majority party. What is not known yet -- I speak because I don't know as of earlier today -- when the House chose not to move forward with their leadership elections until after today's votes and so on, they wanted to see -- or results, excuse me -- they wanted to see more clearly who their members were going to be. Because there were some -- there's still some close races. The Senate, on the other hand, and this is somewhat unprecedented, they elected their President and their Majority Leader and their Majority Whip. However, they allowed three candidates who were trailing in their races by 4 to 7 percentage points to vote. And the one who was elected Senate President was elected by one vote. So my guess is, because some of those people are -- there's a good chance that two out of those three are going to get defeated. And if that's the case, there's going to be a new election for leadership because the presumptive favorite was the former Speaker of the House, David Gowan, and he was looking to be President of the Senate and he was not elected. So what does that mean? That could change again the dynamics of what people like me and then you all in our conversations have to deal with. Because we didn't have a governor's race declared until yesterday, we don't know exactly what the governor's agenda is going to be. We don't know whether there's going to be TOWN OF FOUNTAIN HILLS Page 29 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 29 of 77 more preemption efforts or not. We have some legislators who are pretty conservative and they have their own ideological view of how state government ought to work. So we'll see how soon they get figured out that they do have to compromise. And lastly, I have been attending all the study committee meetings, I think I've missed one, for the housing study committee. I wish I could tell you today what those recommendations are going to look like. The presentations are all over the map. They did go out -- I did miss the ones, although I tried to watch them online -- they went remotely to other parts of the state, Sierra Vista, I think, and Flagstaff and so on. Boy, I wish Chairman Kaiser (ph.) good luck in trying to meld those down into a position because then that will tell us what we're going to have to do. So with that, Madam Mayor, I'm happy to be before you and I'm happy to stand for questions. MAYOR DICKEY: Thank you, Jack. Any questions? Did we have any speaker cards? MENDENHALL: Not for this item. MAYOR DICKEY: Thank you. I think you touched everything that we had spoken about earlier and I just want to mention the sign ordinance one. Again, I spoke to the Gilbert mayor and I think we'll be doing some work on that because that particular item is kind of based on some faulty information. And my hope is that we just get the state to comply with the federal government, or vice versa, just so that they're both same because the city is in the middle and every year we go through this, so other than that, I don't know. Did you have something to add? MAGAZINE: Yeah. Jack, I think you know my hobby horse is preemption. That every time they meet, I hold my breath because they're going to take some powers away from us. Given the closeness of the parties in both the House and Senate, do you think it might be easier to stop those kinds of things? LUNSFORD: Madam Mayor and Councilmember Magazine, again I had opened with the fact that I don't have a crystal ball. My experience tells me that once the new members -- and by the way, last I looked more than 50 percent of the House will be new. TOWN OF FOUNTAIN HILLS Page 30 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 30 of 77 Think about that. Fifty percent of the House will be new. No previous experience legislatively. And I think I calculated 43 percent in the Senate, but some of them were crossovers. Okay? So to your point, Councilmember Magazine, I think the stark idealists are going to figure out that the agenda that they campaigned on, the things they wanted to do, are not going to be that easy. Because I was asked one time a long time ago what party I'm in, and my response was, I'm in the party of 31, 16, and 1, and the 1 being the governor's office. And so if we could figure out, I believe what will happen if Mr. Toma is the Speaker and Senator Gowan is the President, I think we would have some experience level and leadership that will bring the rest of the herd into the corral. MAGAZINE: Jack, how many votes does it take to override a governor's veto? LUNSFORD: Sorry, say again? MAGAZINE: How many votes does it take to override a governor's veto? LUNSFORD: Madam Mayor and Councilmember Magazine, it takes two-thirds. Um- hum. Yeah, 40 and 20. MAYOR DICKEY: Thank you. Any other questions or comments? Can we get a motion, please? Page 248. MAYOR DICKEY: I don't think we need a motion on this one, do we? MAYOR DICKEY: For approving the Legislative Agenda. MAGAZINE: I move approval of the Legislative Agenda. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. Thanks so much, Jack, for coming out. LUNSFORD: Mayor and Council, actually I really wanted you to adopt it, number one. Number two, I wish all a happy and safe Thanksgiving, and I will see you soon. TOWN OF FOUNTAIN HILLS Page 31 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 31 of 77 GRZYBOWSKI: You too. MAYOR DICKEY: Our next item is a public hearing to hear our Development Fee Audit Report, so I will open up the hearing. We'll hear the report. We'll discuss and take comments, if there are any. MILLER: Yeah. MAYOR DICKEY: Grady? MILLER: I just have a few introductory remarks, Mayor and Council. Our Development Fee Audit, you're going to hear the report tonight from Kevin Burnett. He's the senior project manager with Willdan Financial. Just as a reminder, this is required under state law to conduct every two years, and so Kevin Burnett is going to go ahead and give you a brief overview of this and I'll turn it over to Mr. Burnett. BURNETT: Great. MAYOR DICKEY: Thank you. BURNETT: Thanks, Mr. Miller. Yeah, I'm Kevin Burnett with Willdan Financial Services. So I've been doing these audits for the last few audit cycles for you all. So it's a little bit different than the audit report you got earlier on in the meeting, the financial one. This is basically what I like to call a check-in on your development impact fees. So you adopt development impact fees over a ten-year period. That's the planning horizon that we look at. So the audit is just to kind of check-in and see where you're at compared to what the study said. So the first part of that is the land use assumption, so what were the development projections in terms of number of new single family homes, the number of new multi-family units, square footage of nonresidential development? How did you compare to what was projected? So based on this two-year snapshot, which again is only two years out of the overall ten, all your development projections -- actual development exceeding projections except for industrial and office square footage. Both of those were down. But again we want to make sure we're looking at the full ten-year period, not just this two-year snapshot. The second piece of it is looking at your infrastructure. So what infrastructure did you build over the last two years, and how does that compare to the development? So the way the study was done, it looked at what the total investment were going to be TOWN OF FOUNTAIN HILLS Page 32 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 32 of 77 for parks, fire and EMS and streets over the ten-year period. So they didn't identify you need to spend this much money in this year, this much money in this year. So if we just do a simple average of what does that work out to every year over the ten-year period, you fell short of what the projection was. But again, we want to make sure we're looking at the full ten years, not just this snapshot. So then that falls into the third component, which is the level of service, which is comparing those first two. So the level of service would be, how many park acres do you have per thousand residents today? That's an example of the level of service. So you can imagine if you don't add another park but you have new people move into the community, the level of service has gone down. On the flip side, if you build a new park, but you haven't had anybody move in, the level of service is increased. In this case, we've had new development on the residential and nonresidential side, but we didn't meet the infrastructure. So in this case, the level of service for this period has gone down. But the town's going to be looking at it over the ten-year period and making the adjustments as needed. And then the fourth piece that we do, which isn't part of the state statute, but it's a sampling that we do. So we look at the permits that were provided, the development that occurred. Making sure if it was a single family residential, were they charged the single family development fees or were they mistakenly charged the multifamily fees? Same thing on the commercial, office, industrial. Did it get keyed in properly, the square footage? Was it 10,000 and got keyed in at 100,000, or was it keyed in at a 1,000? So just making sure that the appropriate fees were assessed. And we found that to be the case, with the exception that within the state statute there's a grandfathering clause. So if you update your fees, but a development is already in progress, they have 24 months in which they're still subject to the old fees as opposed to the new fees. So you did have some developments that fell within that grandfathering clause. So if you were to compare exactly what they paid versus what the fee schedule is today, there would be that discrepancy. But again, it falls within the grandfathering clause, so they were assessed the appropriate fees. So by all indications from what we've done in our analysis, you're in good shape and you followed all of the statutory requirements on your development impact fees for the last TOWN OF FOUNTAIN HILLS Page 33 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 33 of 77 two years. MAYOR DICKEY: Thank you BURNETT: With that, do you have any questions? MAYOR DICKEY: Any questions about the development fees? UNIDENTIFIED SPEAKER: Nope. MAYOR DICKEY: So the -- you know, obviously if we overcharged and underbuilt that would be the problem. So when you say there's less service, that actually means that we were conservative in what we did and we're very much complying, so we appreciate that. Were there any speaker cards on this item? MENDENHALL: No, Mayor. There's not. MAYOR DICKEY: Thank you. And this one, I can just close the hearing, I guess. We don't have to take a vote. And I appreciate your time. BURNETT: Thank you. MAYOR DICKEY: Thank you. So our next item is going to be talking about the Art Project at the Pumphouse. Grady? MILLER: Yes. Mayor and Council, Deputy Town Manager Rachael Goodwin is going to be giving a report on this. You recall this item, this topic was before you a few months ago and there have been some changes and so Ms. Goodwin is going to provide a report on this. GOODWIN: Thank you. MILLER: Ms. Goodwin? GOODWIN: Thank you, Mayor and Council. I am going to go through a quick review of what we talked about earlier this year, back before the summer break, and then I also have two members of our Public Art Committee here tonight to answer questions and field any details that you may want to know about this project. So with that -- this is a picture. We shared this back in the spring of the project. Known as the Pumphouse Project, it is a series of art pieces proposed to be hung along the wall that divides the park from the pumphouse down at Fountain Park, hence the name. In June is when the Council gave approval for this Pilot Project and it's an outdoor exhibition, as I mentioned. It's around a theme known as Legends and Lore of the Valley TOWN OF FOUNTAIN HILLS Page 34 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 34 of 77 of the Sun and it's intended to be a one-year trial. The project was intended, again, to bring public engagement into our arts and bring a number of different pieces out to benefit and create a changing display. So that it would be something new and refreshed every year. It was designed to be art again on a four by eight, kind of a horizontal brushed metal piece, so that it would be displayed and be durable out there for that year period, out in the elements in our park. The current status is that the Public Art Committee followed through with what they intended, which was to solicit submissions. They anticipated about a hundred or more submissions; however, despite promotion they received 62 submissions. A number of submissions were by the same artist, so we had -- a number of artists put in multiple. Due to that number, that lower than expected number, the project funding has not come in as they expected. And though the Public Art Committee does serve as the town's guide for our arts, it is under the Fountain Hills Cultural and Civic Association, and that association does not currently have sufficient funding to underwrite the cost of this project. So long story short, in order to move forward, alternative funding needs to be secured. The Public Art Committee has requested the use of the Fountain Hills Public Art Fund to offset the costs of the project. What does that look like? Currently, the town Public Art Fund has a balance of just over $76,000. The Council previously directed staff to maintain a balance of about $80,000. That's equivalent to about two years' worth of insurance and maintenance and cleaning and what not, to make sure that we always had funding available should our art pieces again need that type of upkeep. With more than a hundred pieces, that's a pretty good balance for us. In the event that -- if we do move forward with this project and the pieces are sold or are sponsored, the funding from that would go back into our Public Art Fund to offset the expenditure requested. The Public Art Committee is requesting $12,730 from the Public Art Fund to cover their costs and their breakdown is as noted. With that, I'm happy to answer questions or again, our Public Art Committee members are happy to help as well. TOWN OF FOUNTAIN HILLS Page 35 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 35 of 77 MAYOR DICKEY: Thank you, Rachael. Questions? Yes, Councilman? SPELICH: Thank you, Madam Mayor. A couple things. Two months ago when this was brought to us, I remember somebody, I don't know who it was, but I had specifically asked before I placed my vote in favor of this if the town was going to be on the hook for any money, and I was specifically told no. So I wouldn't have been a yes back then if I would've known later on, coming forward, that someone would ask for more money. Secondly, I pushed years ago, maybe in my first year or second year, I thought it was ridiculous that this was coming, that the maintenance of all these things, the insurance, the upkeep and everything -- apparently we keep getting these ducks stolen. I don't know why people are into ducks that much, but anyways -- so I pushed for that to be not being taken out of the general fund. UNIDENTIFIED SPEAKER: Right. SPELICH: In the grand scheme of things, it wasn't a whole lot of money, but all of these little things keep adding up. So I do remember that the fund was supposed to be funded $80,000 and I think what the Council needs to keep in mind is developers seem to be putting in their own art projects recently. They don't seem to be putting in money anymore. It seems like, I'm going to put in an art piece. They're paying for it. So I have trouble with the balance of this going below $80,000. I'm not comfortable with it. But more importantly, I don't like being told one thing, and then two months later come back and tell me another story. I don't hate art, so -- I just feel that it is $12,700. We're not flush right now and I'm vehemently opposed to this. MAGAZINE: Please remind me. We went through a whole discussion of the Public Art Fund, how it was to be funded and what used for, and so on. What is it supposed to be used for? GOODWIN: Great question. I'm going to try to be really concise with my answer because it is a complicated policy. TOWN OF FOUNTAIN HILLS Page 36 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 36 of 77 The long and short of it is, when a developer comes in they have two options. They can pay the fee and the fee is a graduated fee somewhere between one-half of a percent to a full percent, or in lieu of those fees they can install a piece of art. And I think that's what Councilmember Spelich was mentioning. A number of them are choosing to put in art recently. When those fees are collected and they -- the chance, when we do collect them, they go into our Public Art Fund to cover exactly what we talked about, maintenance, upkeep, cleaning. We have annual cleaning. We do have damage that occurs to our pieces. We have age -- just things that happen over age and deterioration and things like that. We do have pieces stolen or damaged, including quackers, which is the ducks. We've had pieces on occasion again thrown into the lake. We've had pieces -- so that fund is there to help us recover those costs. We do have insurance fees and things like that so all of our pieces are insured, but that fund goes to help sustain our long-term arts program. Now, if that fund does reach a point where we are -- you know, I'll use the word flush because that was what was there -- if we have a substantial balance, we can use it for acquisitions as well if there's a piece we want to commission or there's a specific reason we want to add a piece to our collection. Those funds can be used for that as well. We've just not used them recently for that purpose. MAGAZINE: We have a fair amount of construction going on in the town and I'm going to presume that some of the builders will be adding to this fund, rather than all of them buying pieces themselves. I guess I don't understand -- I mean, I understand Councilman Spelich was told it wouldn't cost anything, but I don't see the problem. I don't see the problem with spending $12,000 for something like this, especially since you got 76 and you're going to be -- and you'll likely be getting more. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: I don't like to have a hypothetical conversation. We have no idea if they're going to buy their own art or contribute themselves. Again, I'm going to quote my friend Jack. We don't have a crystal ball, so we can't make a guess on that. We did ask as a group, specifically, is this something you can swing? Again, we've got outstanding art that hasn't been installed yet. And we were told yes, we got it. Not quite like that, but that is what we heard. TOWN OF FOUNTAIN HILLS Page 37 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 37 of 77 We were also told that this was a pilot program for a year. We can't even make it through the first year. If it was a year and if it was successful and if we had some extra money in there, I think I would support it. But I think at this point I'm going to be a no. MCMAHON: I concur. I think that given the money factor and we directed to keep it at $80,000, I think going further below that, I don't think that's going to be responsible on our part. They came before us. They said they were going to fund this. I don't think there is a guarantee that we can -- or hedging our bets and thinking that we're going to get this money back. Given what the status is and they're already asking for money, I don't feel comfortable moving forward with it and depleting the coffers even more. I just think that's irresponsible on our part. MAYOR DICKEY: Councilman. FRIEDEL: I would agree with what's been said and maybe they need to -- with the lower number of submissions, maybe they need to scale back the size of the project and do something that's more affordable for them. MAYOR DICKEY: We just had a presentation about economic development and tourism and obviously this goes along with that. It's one of the efforts that this town has made and now a hundred pieces of art and obviously we have more. Most of our art that's donated is of much more value than what we spend on insurance and on cleaning. This was obviously unforeseen, but I agree with Alan about the fact that we have -- the other part of Amanda's presentation was of the condos that have gone in and what we anticipate in the future. And I think this is a good project. I always -- you know, we've been waiting for the wall to be done for quite a while and COVID and all that and then school project and you know, a lot of different things have been bounced around. This seemed modern and new and exciting as far as that goes, something different from the way we've done art. So obviously, no money is nothing, but $12,000 is something that I think will be easily replenished either by -- quickly by the Public Art Committee, and again this fund is for public art, or with some of the construction and other projects that are coming. I wondered if anybody from the committee would like to say anything, and then we can -- Yes, ma'am, come on up. TOWN OF FOUNTAIN HILLS Page 38 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 38 of 77 And then we can hear from the public. MAGAZINE: Can I ask a question while she's coming up? MAYOR DICKEY: Yes, sure. MAGAZINE: Or maybe one of you can answer this. What is the annual cost of what the money is set aside for, such as insurance and repairs and so on? What's a typical annual cost? GOODWIN: About 40,000. MAGAZINE: 40,000 -- GOODWIN: That's why the 80 balance is about two years' worth. MAGAZINE: Oh, so it's 40,000 per year. GOODWIN: Yes. Um-hum. MAGAZINE: Ah. WILLIGROD: So Mayor Dickey and Councilmembers, I'd just like to clear up a couple things. It was five months ago, I think, when we presented to Town Council. At that time, some projects that are currently under our administration and your administration - UNIDENTIFIED SPEAKER: The mike. WILLIGROD: -- oh -- should have been completed at that time. So we feel like we have an obligation to see those uncompleted projects through. Therefore, our money is tied up. We just, as a committee, cannot fund this new project without the completion of the old projects. Also being said, we do intend to have some potential revenue coming in and we're very excited about that. Really can't release all the details of that, but it looks more positive in our direction. This project should be a breakeven project. The panels will be sold for a thousand dollars each. That'll be $4,000 gained. And also sponsorships at a thousand dollars a panel. That right there will be the $12,000 needed. It's not so much as not being able to fund it. It's just that our funds at this time are obligated and therefore we can't in good conscience go forward with this and then have to recoup the money at a later time. So any questions concerning that? MAYOR DICKEY: Councilman? TOWN OF FOUNTAIN HILLS Page 39 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 39 of 77 MAGAZINE: Not concerning that, exactly, but if this were all delayed for six months, give an opportunity for developers to put more money in, would that do any harm to this project? WILLIGROD: Probably not. I could say -- I've already delayed it a month and a half, just so that we wanted the art panels to be up during the major time that the public was here. No, I don't -- I mean, that is a possibility for sure. MAGAZINE: I think that might be a reasonable compromise. To delay this for six months, see what happens in terms of infusion of cash to the balance of the projects and so on. SCHARNOW: Yeah, I tend to agree with that as well. I mean, I like the project. I want to see it go forward. But I think a delay would be okay as well, you know. And I'm just wondering, 12,000, not so much maybe from the other developments but maybe just have a single purpose fundraiser just for this. I don't know. I know everyone gets hit up all the time for sponsorships and all that kind of thing, I get that, but so does the town, you know? So I -- you know, I kind of have mixed feelings on it, but yeah, I mean, I think if we delay it and if you guys can sharpen your pencils a little bit more and make it work. You know, it's like the blue Christmas tree for first responders. You know, a group has taken that over for fundraising, you know, 8,000 every year. So I mean, there are efforts out there that can work, so. FRIEDEL: Maybe we can get a report in three months and see where we are. And then - - WILLIGROD: Yeah. Yeah, we can do that for sure. I mean, I understand your concerns and I think that's reasonable, what you're suggesting. And I don't think it'll deter us too much if we push it back for three months. MAYOR DICKEY: Councilman? SPELICH: Thank you, Madam Mayor. Also you brought up, ma'am, the fact that you have these projects in the pipeline and that they're not finished. You know, two years ago the Council gave $50,000 for the lighted crystal -- MAYOR DICKEY: Yeah, the Fountain of Light. TOWN OF FOUNTAIN HILLS Page 40 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 40 of 77 SPELICH: What's it called? SPELICH: Fountain of Light, sorry. And two years, 50 grand -- where is it? I mean, I think the residents -- if we're going to spend money on art and everything, let's get it installed before we start asking for more. That's all. MAYOR DICKEY: A motion? MAYOR DICKEY: Let me just make sure there weren't any speaker cards. Were there any? MENDENHALL: Yes, Mayor, there is. Town Council Elect, Brenda Kalivianakis, would like to speak. KALIVIANAKIS: Good evening, Mayor, Town Council. Thank you for giving me this opportunity to speak on the funding of the pumphouse. Before I do that, though, I'd like to just take an opportunity to address what I would consider a regrettable misunderstanding. On occasion I've had disagreements with this Council on matters of spending and on public policy. It has never been my intention to be disrespectful to this body or to talk down to you. As a Christian, I am commanded to respect our governing authorities. I subscribe to this belief. I respect each and every one of your dedication to Fountain Hills, and I commend you all for your service. Being a mayor or a councilman is a very difficult job. It's thankless and you don't do it for the money. And my previous engagements with this Council, they were meant to provide input for your ultimate decision on a subject. It was never meant to be rude or disrespectful. To those members that will be leaving us, I wish you good fortune, I wish you Godspeed, and I want to thank you for your service to the town. For those staying, I look forward to us pulling together, making thoughtful decisions, and working for the common good of our beloved town. That is my wish. Regarding the pumphouse, this expenditure, although it seems small compared to other capital improvement projects, must be scrutinized like all expenses, no matter how large or how small. This seems to fall squarely under the want to have versus the need to have projects that we've mentioned so many times before. Do we need to have this mural project at this time? It is my understanding that the Fountain Hills Cultural and Civic Association was going TOWN OF FOUNTAIN HILLS Page 41 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 41 of 77 to underwrite the cost of this project, but at this time doesn't have sufficient funding. I would call on the FHCCA to hold a fundraiser, find a donor, or somehow otherwise self- fund this project as was originally contemplated. It would be my desire to deny this request and to use funds -- to use funds from our Public Art Fund. The Public Art Fund is for maintenance, repair, and insurance expenses. It seems to me funding this project would not be in alignment with the stated goals of the fund. I respectfully ask for you to vote no on the expense. I also agree with Councilman Spelich. I recall that conversation when they said they were not going to ask us for money, and thank you for bringing that up. And I do feel like that's how they got it here and now they want the funding. Thank you for that. And also Mr. Magazine, Councilman Magazine. The delay in the project seems very reasonable to me, so maybe we can come up with other funding sources. Because I think everybody here would like to see this done, it's just who's going to pay for it. So thank you for your time tonight. I appreciate it. MAYOR DICKEY: I'll just quickly mention that this Public Art Fund is not, as we spoke earlier, not just for maintenance and insurance, but it is for acquisition, so when we have it -- we've done it before. We did it with the horse in front of the Town Hall and obviously with the Fountain of Light and so it's definitely an okay use of it. But obviously, not something that the majority wants to move forward with at this time. So I don't know that we have to put a time on it, because perhaps some funding will come in before that and then it wouldn't even have to come before us, I don't think, so -- is that your agreement? So -- all right. Well, why don't we just -- what's the word? It's not tabling, but it's not addressing it right now, or -- ARNSON: Yeah. Either take no action, or move to continue, or something. MAYOR DICKEY: Why don't we take no action, because we may not have to, okay? Thank you. UNIDENTIFIED SPEAKER: Okay. Thank you. MAYOR DICKEY: Thanks for coming, Jenny. Our next item is a mouthful, Special Use Permits. We have John up here to drill down TOWN OF FOUNTAIN HILLS Page 42 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 42 of 77 for us. WESLEY: Presentation up here, just a second. We're already a couple pages in here. Okay. Mayor and Council, this evening I brought to you a proposed tax amendment of the zoning ordinance dealing with Chapter 2, which is the different procedures, and specifically, Section 2.02. The overall chapter deals with rezoning site plans, special use permits, those other types of processes that we deal with in the planning division. As we had been working with these different sections of this chapter over the last few years, I've noted some deficiencies, some things out of date, some things that are confusing between the different chapters. So I've been working on a comprehensive update to the whole chapter, but it was quite a load to bring all of it at one time, and because each section works independently of each other will be bringing it forward a section at a time and chose to start with the Special Use Permits because it's one of the ones we use most frequently and had some of the bigger needs for some changes. So just real quickly, a couple of examples of some of the issues that we're trying to deal with between sections. So Rezoning, Section 2.01(C) talks about hearings and the notice requirements for that. It's very clear there. When we get to Special Use Permits it's buried a little bit in Section 2.02(D). It doesn't even have a hearing title to it anyplace, and it doesn't include all the information we really need and doesn't follow the procedures that we actually use for those notices for those types of hearings. Also the notice that we have this opportunity to improve that consistency, so what you'll see over time as we bring the different sections, we'll clearly label the headings and there'll be a section labeled hearings in each of the different chapters, so you'll be able to find exactly what we're looking for. So here's just an overall example of the existing 2.02 versus what is proposed in terms of the layout and the different section headings, which again I think will be more clear for users in the future. And again as we bring the other sections through, you'll see that the listing will be pretty much the same, particularly at the start where there's very many of the same types of ideas. So I'm going to quickly go through some of the major changes that we have in this TOWN OF FOUNTAIN HILLS Page 43 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 43 of 77 section and we have attached to the report a strikethrough version of the ordinances as well as a clean version. So Section 2.02(A) provides the purpose for Special Use Permits. There's no changes to that section. Section 2.02(B), Applications. In the current ordinance section 2.02(B), it is General Regulations. We'll move that to the end as there's some things in there that are still important to use, but we want to keep Applications as a consistent second piece of the sections. So with regard to the Applications piece, we're updating that to reflect our current procedures of taking electronic applications versus the current one that talks about paper and how many copies you provide and that type of thing. We also then provide a little bit more detailed information on what is required with the application and adjusting the wording regarding the site plans. Right now, it does provide some flexibility in that site plan requirement, but it's worded a little bit oddly. So hopefully what we're proposing is a little bit more clear in terms of starting with the idea that a site plan is required, but then give some ability to adjust what is required specifically in that site plan based on the nature of the application. We're also adding this new provision in terms of this Good Neighbor Policy, or Good Neighbor Statement, and it's something that's come up several times as we've worked on Special Use Permits and I've seen this in codes in other communities where it's a part of the application. We can easily recognize or identify what some of the challenges are going to be, so have them include with their application a statement of how they're going to address those issues, how they're going to work with their neighbors around them with their proposed development. And then other items that were in the current Section 2.02(B) have been moved a little bit. The new Section 2.02(C) provides a review. It tells us the steps that we go through to review an application from initially coming in and staff review and what we're looking for, and the back and forth with an applicant as necessary to have a complete application, and then how that moves on forward then through the P&Z (ph.) and Council hearings, and includes some timeframes for that to happen, both on the staff side and on the TOWN OF FOUNTAIN HILLS Page 44 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 44 of 77 applicant side, to make sure it moves in a timely fashion. Section 2.02(D) then provides the notice standards. It includes the -- it's in the current ordinance, or including all three forms of standard notification, that's posting on the site, mail notice to property owners within 300 feet, and publication in the paper, and establishes a 15-day minimum requirement for those notices. 2.02(E), Hearings, this is mostly a new section, although it pulls from portions of existing sections. It provides again an overview of that hearing process. It talks about who can appear and establishes time limits. It allows for investigations of the request by the hearing body and for a written summary of the testimony to action, so basically the minutes of the proceedings. 2.02(F) gets into the Actions. It's mostly existing, with some reordering from what's in 2.02(D) and (E). Currently, there's a maximum limit on continuances at the P&Z level of 60 days. The few times I've had to think about that, 60 days has usually been a bit of challenge, so we're extending that out to a 90-day continuance, allows for the Commission or Council as they review the Good Neighbor Policy or Good Neighbor Statement and get feedback from the public and staff to request and make modifications to that to be sure we're addressing concerns of the neighborhood. And currently there's a requirement in there for SUPs to get to Council on the first hearing at least eight days after the Action by the P&Z. That's too short with our standard procedures and so I've lengthened that out to a 28-day timeframe. 2.02(G) lists the timeframes Council is currently familiar with -- MAYOR DICKEY: And Council -- Vice Mayor has a question. MCMAHON: Excuse me for interrupting, but under Investigation, the hearing and the investigation aspect of it, can you please explain how that works a little bit better for me? WESLEY: So -- MCMAHON: That particular process. WESLEY: Sure. So in my tenure here, we haven't really used that to any great extent, in terms of any type of information investigation. We have had SUPs that have been continued, particularly at the P&Z level, sometimes here at Council because you wanted some additional information and looking at what's proposed and how it might impact the neighborhood. The wording of this, it's a provision that's in the current code that we're TOWN OF FOUNTAIN HILLS Page 45 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 45 of 77 continuing, but it would allow for a more detailed investigation. It would even allow for members of the board looking at it to be part of that investigation, I believe, if they wanted to do so. MCMAHON: So when they order an investigation, that's done rather quickly so that it meets the 28-day requirement? WESLEY: This would be the 90-day continuance -- MCMAHON: Oh, okay. WESLEY: -- timeframe. MCMAHON: Okay. All right. WESLEY: It still can be fairly quick because we talk about doing the investigation and writing a report and getting the hearing set and so forth. MCMAHON: Okay. WESLEY: It's not a lot of time, but that would fall within that. MCMAHON: Okay. Thank you. WESLEY: Oh. Council, going on then with the -- Council's been aware that we've had a number of Special Use Permits come back to Council because currently the ordinance sets a six-month timeframe from approval to get a building permit. That can, as you've seen, often be a bit challenging. Sometimes they're still finishing up the site plan, then they have to get the building permit and getting professionals to do the work, that makes that a bit of a challenge. So we've proposed to extend that out to six months to submit for the building permit and a full year then to obtain the building permit. As we discussed this with P&Z, we noticed another shortcoming in the current ordinance in terms of once you get that, is there anything that really stops the SUP? So I've added in another standard of 18 months to actually start the use. So that can still be a bit of a challenge. If you're building a building, you get that building permit after a year, six months to build the building and start the use, that may be tight, so we still may see some extension requests. But it puts another cap on it. Particularly if a building is already there and we're just waiting for them to start the use, it gives us something to tie that to. MAYOR DICKEY: Councilman? MAGAZINE: Should there not be some criteria to determine whether or TOWN OF FOUNTAIN HILLS Page 46 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 46 of 77 not to give an extension? WESLEY: Mayor, Councilmember, that's not an item that's come up. I'd have to think about that a little bit. Usually, it's because of economic conditions that the developer has encountered or lack of getting the professionals that they need to draw up the plans. But we could go back and add something like that the Council would like. MAGAZINE: Once they have a Special Use Permit -- never mind. I was thinking of a question. I just answered it myself. WESLEY: Okay. Section 2.02(H) deals with Revocation. This is the same as the current provisions in the ordinance, how we'd go about revoking a permit. If one gets issued and needs to be revoked, basically we go back through that same hearing process. 2.02(I) deals with the General Regulations. This is what was currently in 2.02(B) and we've just moved it down. It provides some understanding of -- and my mind just went blank on that one. The SUP, if it's issued for a property, if it doesn't get vested by the current owner, they can't transfer it. That owner has to at least get the use started and then if somebody else buys the property they can continue that same use permit, some of those issues. 2.02(J) is new and is again one of the reasons why I wanted to do this. We have nothing in the code currently that tells us how to handle modifications or amendments to an SUP once it's approved, and so we're adding some language on that and defining what those are. So if we have a minor modification, that can be done administratively. Majors and amendments, that would come back through the hearing process to P&Z and Council. As we reviewed this, and particularly Vice Mayor McMahon looked at the ordinance, she identified a few things where maybe there's some wording improvements that could be made. And so I've listed those here for the Council, just a few little changes in some wording to make them more clear there and again here. It cleans up and it makes the wording a little clearer and where we had some repeat language in one that we really don't need. So we'd make those changes. Oh, I'm not quite in there. Okay, a little closer. So I'd make these changes, if the Council approves it, the ordinance so you could do so with these changes being included. So P&Z looked at this at a couple of meetings, gave us some suggestions and voted for TOWN OF FOUNTAIN HILLS Page 47 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 47 of 77 approval at their second meeting, and staff recommends approval with the modifications shown in the staff report during this presentation. MAYOR DICKEY: Thank you. I'm going to open a public hearing. And do we have any questions for John? Comments? No? Did we have any speaker cards on this item? MENDENHALL: No, Mayor. We do not. MAYOR DICKEY: Thank you. Just one thing I wanted to mention because I know it's come up in other -- and it might not be just specific to Special Use Permits, but I think over the course of talking about development agreements or anything else, we seek to find a definition of when something is actually started and if there's any sort of a deadline to when something has to be finished and how do we define that. So as we go forward, I think that's something that seems to be recurring and just to keep that in mind. Any other questions or comments? Thank you. Can I get a motion please? MCMAHON: I make a motion. Move to adopt Resolution 2022-43 and Ordinance 22-07, excuse me. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. I always do this. Close the hearing. All those in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. Do you want to keep going? We'll keep going, and let me know if we can make it to the work study session. Our next item is about short-term rentals, which should go fairly quickly. Grady? MILLER: I'll go ahead and turn it over to our Town Attorney, who has worked extensively with a work group on this particular issue and I'll turn it over to Mr. Arnson. TOWN OF FOUNTAIN HILLS Page 48 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 48 of 77 ARNSON: Do you mind, Linda? Thank you so much. Mayor and Council, thank you for the opportunity to discuss this item with you tonight. The Council has seen this before and our Town Clerk is quickly getting that up and running for me. Thank you very much. I appreciate it, Linda. Would you mind handing me the clicker as well? Thank you so much. UNIDENTIFIED SPEAKER: Are you able to speak louder? ARNSON: I'll try. Sorry, I'm losing my voice a little bit from today. The Council will recall that at the October 18th meeting, we discussed a draft ordinance for Council consideration. That draft ordinance included a number of sections. We don't need to review them all here. But the Council did provide direction for us to prepare a final ordinance regarding vacation and short-term rentals and regulation as now allowed under state statute, including the standards and operating requirements that are present in Section 11. So the final version of Ordinance 22-09 is now before the Council for approval. It is substantially identical, substantively identical to the version that we provided before with a few notable exceptions and we'll go through those right now. The first is that based on advice and direction from our Town Prosecutor, Mr. Iacovino, staff has expanded the definition of nonresidential use in the ordinance to specifically clarity that it includes unruly gatherings and other uses that aren't lodging related. There are some of those definitions that are set out in statute that we've incorporated into this ordinance. The purpose of that is to improve clarity for individuals to know what is a nonresidential use and to enhance the likelihood of enforceability for the statute, because if we don't have that greater degree of enforceability what's the use of the statute is the view. Secondly, we did eliminate from Section 8-611, the proposed requirement that a landline be operational on the premises. That was included in the original model ordinance. After speaking with the Paradise Valley Town Attorney and some other city attorneys, the background and basis that Paradise Valley used to justify that requirement, I don't believe the record necessarily supports here. We'd have to do quite a bit more study and research and flesh that out, in order to make that something that we could incorporate into ours. So we have removed that from the final version of this ordinance are recommending TOWN OF FOUNTAIN HILLS Page 49 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 49 of 77 against it. Third, we've added some language that clarifies the town may inspect to ensure compliance with Ordinance 22-09, or with any other town building code or ordinance. Finally, we've incorporated a delayed effective date of February 1, 2023. I believe we discussed that at the last Council meeting. There are two reasons for that. The first reason is to be able to provide the public and owners of short-term rental properties with notice that this is forthcoming, and secondly, to allow us time to post. Under state law, we have to have 60 days to post any new fee that we're going to charge. So that gives our Finance Director, Mr. Pock, time to make that happen. A couple of other points that are not necessarily changes to the ordinance itself, but that were identified by the Council, one of which is up on the screen here and one of which I'll just identify for the Council. The Council directed staff to explore possibly expanding regulation of parking at vacation and short-term rental locations. The Council will note that Ordinance 22-09 does not itself regulate parking. We sort of went back and forth on the pros and cons of including a unique specific regulation and we think that the best approach is for staff to rely on our existing parking regulations in 12-3-09 (ph.), which bases parking in residential areas, residential zones, based on square footage and parking per number of vehicles per square foot, to try to enforce that as best we can in the area. We think it's probably about as close as we'll get to proactive enforcement with regard to short-term rentals and there's no reason necessarily to distinguish between those uses. The Council will note that -- and this just came to my attention this afternoon -- but that there was a request to comment form from a member of the public or from the AZRT (ph.). I'm not sure what the organization is. But from an organization that has to do with short-term rentals, an advocacy group for short-term rentals, talking about background checks and refining that language a little bit to make sure that we're talking about performing background checks on the booking guest, as opposed to every individual who comes through the premises. Upon reviewing that, that makes sense to me from a legal perspective. I don't think there's any way to regulate or enforce that otherwise. So I'm not even necessarily sure there needs to be a language change. It may simply just mean we're changing 8-6-10 TOWN OF FOUNTAIN HILLS Page 50 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 50 of 77 (ph.) to booking guest as opposed to -- and tinkering with that language a little bit, but that's with the Council's permission an administrative change that we can make on the back end. It certainly doesn't need to come back before the Council for approval, unless the Council wishes to see it. As far as next steps are concerned, staff is, of course, tonight seeking approval of Ordinance 22-09. If approved, staff will, among other things, post that fee schedule that we discussed a little bit earlier and bring that schedule before the Council for a public hearing and adoption as required by state law. We expect to have that happen at the January 17th council meeting, early next year. Staff will -- I believe our Finance Director intends to engage a third party provider to identify residential rentals. I think there has always been some concern in town about, you know, where exactly are they and what number of short-term rentals do we really have in town. I think we'll be able to get a much clearer picture of that with whatever third party provider Mr. Pock identifies and we'll be working with Bo and Bo's office to notify residents and owners of those upcoming changes to the permitting process and the required fee. We want people to be on notice of that well before the February 1st deadline for compliance. With that, I am happy to take any questions or comments. Thank you. MAYOR DICKEY: Councilman? SPELICH: Thank you, Madam Mayor. Counselor, correct me if I'm wrong. The town currently is in possession of a list of people that have short-term rentals? ARNSON: Mayor and Councilman Spelich, I actually do not know if we're in possession of such a list. I'd have to defer. MILLER: We have had one in the past and I thought I saw the Finance Director shake his head. So he just did the thumbs up. SPELICH: Okay. I think that the town should take the opportunity with the upcoming Super Bowl coming to Arizona, the Waste Management Open -- there's already on social media tons and tons of people who are posting to rent their properties and everything. I think that this would be an ideal opportunity for the town to capture the people that have been falling through the cracks. Because I believe -- I don't know what the number -- TOWN OF FOUNTAIN HILLS Page 51 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 51 of 77 how many people are on the list. Are you able to disclose that? You've got the I'm going to make something up face. ALL: [LAUGHTER]. UNIDENTIFIED SPEAKER: Don't give away his secrets. UNIDENTIFIED SPEAKER: (Indiscernible). POCK: Mayor and Councilman Spelich, the problem with our current list is that there isn't any -- we don't have any way to enforce people to come and update the list. So it's just a list that's grown and grown and grown. We don't know if they're all active. People could've sold their house, moved, stopped renting it. So -- SPELICH: So let me ask you this. Is the third party person -- I know that this is going to be something that happens in January and I'm not going to have the power to take the garbage out. But is this third party that you're thinking about hiring, is this the person that's going to clean all this up? POCK: We'll actually have a much better list, yeah, after -- because with this new ordinance, we'll be able to actually require annual updates to information. The third party is basically going to be identifying. They basically go out to the Vrbos, the Airbnbs, all of the vacation rental sites, pull that information and match it up to addresses, so that we have an actual address for each one, and then check it against our permits. SPELICH: Okay. Because I would think that with, like I said, with this Super Bowl and everything, this would be an ideal time. There's too much money to be made for these people that are going to rent their homes with all these events coming. I forgot my other question. You're off the hook. ALL: [LAUGHTER]. SPELICH: I forgot it. I'm having a senior moment. MAYOR DICKEY: Councilman? MAGAZINE: I suspect a problem, unless I misunderstand, is that I think there's probably a lot of people who rent just for those events and are not Airbnbs or whatever, who rent during the year. I don't know the answer to that. But there's a lot of money to be made from these people just renting for, for example, the Super Bowl. So I don't know how you deal with -- UNIDENTIFIED SPEAKER: (Indiscernible). TOWN OF FOUNTAIN HILLS Page 52 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 52 of 77 SPELICH: The other thing that I wanted to bring up is the fact that I think I've had residents in the past approach me and say that they've tried to register and it was difficult. It was a difficult process. Now, I don't know if that's true, if there was a problem with the online thing. But that -- we should also make that as easy as possible for people to get in, register it, make it nice and easy, not complicated, and then I think we would have more participation. Because there is people out there that want to do the right thing, but if they try to do the right thing and they get technical issues, they're not going to want to do the right thing anymore. MILLER: Mr. Pock, you want to explain what's in place? POCK: So right there, when we find somebody or somebody wants to come and register a rental, there's actually three different steps. The first step, they have to get a TPT license. That comes from the Department of Revenue and if you've ever filled out their application, it's a challenge. So that's most likely where that's coming from. The next part is notifying the county with the property classification. And then the third is filling out our form. That form's probably ten questions, so it shouldn't be that difficult on our side, but definitely feel for people that have to fill out the joint applications. MAYOR DICKEY: The TPT that you're talking about from DOR, is that what all businesses have to do? POCK: Um-hum. Yes. There is -- MAYOR DICKEY: So everybody figures it out. POCK: They do have an abbreviated application that if you fit the criteria, just for short- term vacation rentals, that you can use, but there are some limitations. MILLER: That was like for three or less – POCK: Yeah. MILLER: -- is what you were telling me today. MAYOR DICKEY: But either way, the long-term one is the one that every business in the state does, so -- You mentioned Super Bowl and I saw in the paper -- it was also like a how-to. But I have to give them credit because they were informing them of this new law and telling TOWN OF FOUNTAIN HILLS Page 53 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 53 of 77 them if they had to do these things. So it was in the Republic. Do we have any speaker cards? MENDENHALL: Yes, Mayor. We do. First, you have the two written comments, one from Al Ronca and the other from Linda Curry. And two speaker cards. The first one is Suzanne Brown. BROWN: Good evening, Mayor and Councilmembers. I'm Suzanne Brown. I'm the Director of Community and Government Affairs for the Scottsdale Area Association of Realtors. I'm happy to talk to you tonight. I wanted to start off and let you all know that we are truly in support of seeing a good ordinance be passed that's adopting all of the new allowances that are being created with Senate Bill 1168. However, we do have some concerns and we respectfully ask the Council to continue this item to allow for further review and finetuning of a couple of items to bring them into compliance with the allowances granted by the Senate Bill. For example, regarding the requirement of sex offender background checks, these should be for the booking guest, not all guests as stated in Senate Bill 1168. Also, in regards to the record retentions and inspection of the records by the town, we ask you to consider the requirement that records be available to the town for examination raises concerns under privacy protections guaranteed by the Fourth Amendment of the U.S. Constitution, which safeguards the rights of people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures. The U.S. Supreme Court has ruled that the Fourth Amendment applies to civil searches such as municipal code inspections as well as criminal searches. The Supreme Court of Arizona has stated that the Article II, Section 8 of the Arizona Constitution, often referred to as the Private Affairs Clause, has the same general effect and purpose as the Fourth Amendment of the Constitution to the United States. We ask for the advice of the Town Attorney as to whether the record inspection requirements conform to the requirements of the Fourth Amendment to the U.S. Constitution and the Private Affairs Clause of the Arizona Constitution. Also, in regards to -- there's a couple of other items to address, such as the limitations of TOWN OF FOUNTAIN HILLS Page 54 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 54 of 77 the number of persons in attendance for social gatherings. We noticed under the definition this is for no more than ten persons, that a social gathering can be anything as -- regarding -- we have Thanksgiving coming up. I don't know about all of you, how large your family is, that extended family, you're having them over for Thanksgiving dinner. Persons refers to children, not just adults. I understand that the limitations is to try and reduce the chance of nuisance parties, but we also need to take into consideration some of these other items, such as a normal family gathering, something that's peaceful and not disruptive. In summary -- there are a couple other things, but in summary we ask you to please continue this item to a future meeting, to allow for further review before the final adoption and ensure a strong, enforceable ordinance is passed. Thank you for your consideration this evening. MAYOR DICKEY: Do we have any other speaker cards? MENDENHALL: Yes, Mayor. We do. Lyn Trayte? TRAYTE: Hi. Thank you for pronouncing that correctly. I appreciate it. Madam Mayor and Councilmembers, I am a resident of Fountain Hills for the past 16 years. I'm also a realtor with Russ Lyon Sotheby's International Realty. That's right on the Avenue. And I am also a member of the Scottsdale Association of Realtors Governor's Affairs Committee. And we have gone over this proposal and there are some concerns that I have as a realtor. One has to do with the lengthy determination of what you feel needs to be in the advertising of these properties. I don't think a normal ad could take that much verbiage in it and have it be legible without it costing a lot of money, and I don't understand why some of that verbiage is in there. It seems awfully verbose and unnecessary that -- I mean, you don't even see that kind of verbiage in the second party listings where they regulate quite a bit in the Airbnbs and Vrbos. Also, the background checks as we said and I know you covered that. The attorney covered that by saying it would be the booking guest rather than other guests as far as having the background checks. There was something in there about going door to door and talking to neighbors, and I feel that being very destructive. I know that some TOWN OF FOUNTAIN HILLS Page 55 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 55 of 77 neighbors could get angry if there are some abusive issues, but I don't know that that's the norm in Fountain Hills. I actually lived on Jacklin Drive when the Golf Zoo came into play and I know some of you were around here then and we had a lot of opposition for that because we thought that was going to be very destructive, when in actuality it wasn't. And I think --when that went up the street, that this was going to happen. It just created a lot of turmoil and a lot of unnecessary concern as to what might happen when in actuality it wasn't a big issue. People were very good in how they kept the property. The parking wasn't an issue. There weren't a lot of parties. People were not disruptive, so that I didn't feel was something that needed to be done and I don't want to see that happening. I think our community -- I know we're trying adopt ordinances that are similar to the other ordinances in our fellow communities like Scottsdale, but we are a unique community. And I have put clients in short-term rentals and I've also represented clients with short-term rentals and I know we do the utmost care in trying to get good quality renters to come into our community. And I know you can't always regulate an individual that owns their own home trying to do it without somebody like me helping out in that process, but -- and I know there are some regulations that come into play, but I just don't want us to throw out the baby with the bathwater and make it too confining that we limit so many people that we need to come to our community and see how wonderful it is. And if they're coming here in a short-term rental and they fall in love with the place and they come back and buy, that's to our advantage and I want to see that happen. MAYOR DICKEY: Thank you very much. Do we have any other speaker cards? MENDENHALL: No, Mayor. Not for this item. MAYOR DICKEY: I just want to mention that one of the commentors -- the comments that we had in addition to the one about the background checks was from somebody very much in favor of this. I have another letter here from someone very much wanting us to pass this and we also have, of course, speakers at our meeting last -- well, two times ago when we talked about this who are in favor and I've had a lot of conversations with folks over the last years who are really looking forward to us passing this. I had a question about the Paradise Valley -- so what we put into ours passed scrutiny TOWN OF FOUNTAIN HILLS Page 56 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 56 of 77 with AG's office from Paradise Valley and is also in the state statute. That was my understanding, that those items are in our ordinance, the state statute and some of the stuff that had passed the scrutiny in PV. Is that correct? ARNSON: Mayor, that is correct. Everything except for Section 11 is what appears in state statute, and what appears in Section 11 is taken almost uniformly from the Paradise Valley ordinance that was the subject of a 1487 challenge, yes. MAYOR DICKEY: Okay. ARNSON: And it survived that challenge. MAYOR DICKEY: Thank you. Councilman? I'm sorry, go ahead. UNIDENTIFIED SPEAKER: Go ahead. SPELICH: Counselor, can you chime in on the Scottsdale Realtors Association bringing up the Fourth Amendment? I think that's a stretch. I don't see how -- I mean, tell me if I'm off base here, but I don't see the argument. ARNSON: No -- well, in truth, and I'd rather not give legal advice in public. But in truth, to respond to that, certainly the Fourth Amendment does extend to civil searches and there's no question about that. To the extent there's any implication that we intend to undertake a search of any records, et cetera, without some indication that there's, you know, probable cause for that search, I think is unwarranted, no pun intended. So that's sort of my condensed response to that, Councilmember. MAYOR DICKEY: Councilmember? GRZYBOWSKI: After the comment about the advertising verbiage, I ran through the ordinance document and I'm not going to lie, it is long. But it's not like we're asking them to put it in a newspaper ad. It actually says that the owner shall complete and prominently display blah, blah, blah, in the short-term rental's online lodging marketplace or other listing. So it's an online verbiage that we're requesting. It's not like it's an ad in the Fountain Hills Times that you have to put these four paragraphs in. ARNSON: Mayor, I did want to respond to one other comment regarding the neighbor notification requirements that I believe the last speaker brought up. I will note that it is a written notification requirement, not a verbal or an oral notification requirement and it's a one-time notice prior to the first rental for the neighbors directly next door, across the TOWN OF FOUNTAIN HILLS Page 57 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 57 of 77 street, and diagonal. And there are additional notice requirements if there's a change in contact information, et cetera. But otherwise, we believe it's a fairly limited notice requirement in scope. FRIEDEL: So that's not a door to door knock or anything like that? Just a written -- ARNSON: As far as I read both the statute and our ordinance, it wouldn't be a knock necessarily. It just says written notification. I don't think we care how it's done. FRIEDEL: So one other question for you. So the Fourth Amendment doesn't need any more researching as far as you're concerned? We can go ahead with what we've got right now? We don't need to do any more checking on that and bring this back? ARNSON: I'd be happy to report any additional information I find to the Council. And to the extent we need to make adjustments, I think I'd be happy to report that to the Council in a privileged setting and we could make those adjustments in a public meeting. I don't anticipate that will be necessary. MAYOR DICKEY: Thank you. Councilman? SCHARNOW: Yes. Kind of along the same lines -- I mean, I was kind of curious about that issue as well. I mean, because I know it was a big topic of discussion during the sober living item. So this is different, or it's -- you know, that's what I'm kind of wondering. ARNSON: Part of the -- Mayor and Councilman Scharnow, you may recall that one of the issues that we had during the sober living discussion was the nature of what towns are allowed to regulate, right? And we have extremely constricted regulatory authority on the one hand, in the prior incidence, and at least relatively broader regulatory authority granted by statute here. So you know, in order for there to be -- I think it's a little bit comparing apples and oranges. SCHARNOW: Okay. ARNSON: So that's the distinction that I'm drawing. It's not to say that the Fourth Amendment doesn't apply in this context. It does, let's be clear. I just want to make sure that everyone understands that to the extent an inspection is required, yes, there would TOWN OF FOUNTAIN HILLS Page 58 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 58 of 77 have to still be a legal basis for it. SCHARNOW: Okay. Well, that makes sense. And the only thing, I did get input from one gentleman in town. He has a small, you know, Airbnb type thing and just a little one room, you know, type thing. And he just kind of, you know, and unfortunately it's been brought up that yeah, there've been some bad apples out there that have forced this to come to fruition. And I mean, I'm all in favor of it. It's just -- he just kind of feels it's like an undue, you know, burden on the small guy who's complying with everything and now he has to go through all this stuff, which I understand, but again it's just unfortunate that with a lot of things in life, a few bad apples will create additional regulations. ARNSON: And Mayor and Councilmember, to respond to that point. I do think that, of course, some of the points that were raised are policy determinations for this Council. And I understand that I'm only speaking for the legal perspective and telling you as a council what I think is within the bounds of our authority. The Council has to weigh those competing interests, right? The interests of property owners and those who are marketing their residences for a lawful purpose of a short-term rental and the public health, safety and welfare of residents who have an interest in regulating this use. So yes, Councilmember, that's my response to that. MAYOR DICKEY: If there's anything else, would someone please make a motion? MCMAHON: Okay. I move to approve Ordinance 22-09. SPELICH: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. SCHARNOW: We were clear up the background check thing, or? MAYOR DICKEY: Yeah, the background check, including what you had mentioned. They can fix that, yeah. Thank you. Our next item is a Professional Agreement, Top Leaf Tree Services. Grady? MILLER: Yes. Mr. Weldy's going to be coming up to the podium, but these next two TOWN OF FOUNTAIN HILLS Page 59 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 59 of 77 items on the agenda, F and G, will be handled by Mr. Weldy in his remarks. Mr. Weldy? WELDY: Thank you, Mr. Miller. Madam Mayor, Councilmembers. The first one is in regards to trees. As you will note, not only town staff including Community Services, Parks and Recs but Streets, we do a considerable amount of daily or weekly maintenance, as do several contractors that work for each of the different departments. What we are lacking is a professional team with the equipment necessary to get higher up into the trees and do some of the more challenging and complicated items. The agreement we have for consideration tonight will help accomplish that, not only for the Public Works division, but for also Community Services and Facilities in the event that they need these services for any work they have coming up. With that, any questions you might have I'll do my best to answer. MAYOR DICKEY: Councilman? SPELICH: Thank you, Madam Mayor. Justin, don't we have a bucket truck? WELDY: Madam Mayor and Councilmember, we do not, sir. SPELICH: I thought I saw one with the town logo on it. WELDY: We do have a traffic signal group that does work for us with a bucket truck, but they do not have a town logo on it. SPELICH: How much are those? GRZYBOWSKI: The logo? SPELICH SPEAKER: No. ALL: [LAUGHTER]. SPELICH: You're going to miss me. WELDY: Councilmember, the last one that we elected not to replace was around 195,000. SPELICH: Okay. FRIEDEL: Justin, just a quick question. Do we put this out to bid every year, or how often do we look at this? WELDY: Madam Mayor, Councilmember, on this particular case, this group works for TOWN OF FOUNTAIN HILLS Page 60 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 60 of 77 several other municipal governments. And let me be clear here, we already have an annual landscape maintenance for open space and washes and parks and those types of things. This is a separate, special niche for the actual tree trimming, the larger and smaller ones in large groups. Most recently, you may have seen this group under this agreement prior to asking for an amendment, working on the Avenue or along Saguaro trimming those larger trees. FRIEDEL: So they're the only one that we reached out to, or they're the only one that reached out to us? And then the second part of that is, are they a local company from town? WELDY: The due diligence that staff did indicated they were the best working for other municipal governments. They have several municipal contracts. The second answer to that is we did look at several other ones. In fact, we have two or three others working for us, one of whom is indeed local. But for this specialty work -- and lastly these were the ones that we are suggesting. And the last part is this company is not local in Fountain Hills, but they are in the state. MAYOR DICKEY: Do we have any speaker cards on this item? MENDENHALL: No, Mayor. We do not. MAYOR DICKEY: Thank you. Are there any further questions or comments? Can I get a motion, please? Yes? MAGAZINE: Move to approve amendment number 2 to Professional Services Agreement 2023-021.2 with Top Leaf Tree Service. MAYOR DICKEY: Thank you. GRZYBOWSKI: Second. MAYOR DICKEY: Thanks. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thanks, Justin. Next item? WELDY: Madam Mayor, Councilmembers. The next one is actually something that was brought to the Mayor and Council and the TOWN OF FOUNTAIN HILLS Page 61 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 61 of 77 town staff, believe it or not, in the winter of 2018, and the spring of 2019. We had some residents on El Lago, west of Fountain Hills Boulevard, that asked town staff to get out and do a traffic count, do a speed and volume study. We did that. Unfortunately, the results of that did not favor some of the things that they had wanted and asked for. And since that time, we have not only been working internally, but with the Pedestrian and Traffic Safety Committee on coming up with that. During this multiyear process, it should be noted that staff reached out to several professional traffic engineers and asked for suggestions on what we may or may not be able to do there within a reasonable amount of time and for a reasonable amount of funding. We were directed to speak to the City of Glendale and the City of Phoenix, who used pavement markings to narrow the travel lanes by adding a wider bike lane and a wider parking lane and narrowing the two-way left turn lane to make it appear as though the travel lanes that were typically used were narrow. And by default, this actually forces motorists into self-compliance and has them slow down. With that, we brought it to the Pedestrian and Traffic Safety Committee. They asked for some additional information. It took us a considerable amount of time. We were finally able to produce that and come back to them. We did get a unanimous vote from them to bring it to this full body. A little bit more challenging after that. Once it was decided to move forward, we then had to do an assessment of this long, wide section of El Lago. Again, this is El Lago, between Fountain Hills Boulevard and Palisades. Over this spring and last summer and the prior winter before that, we went in and removed several sections of pavement and concrete and repaired that, and then we came back and filled all of the cracks and made a couple of more repairs. The reason for all this upfront work is the type 2 polymer slurry that we're recommending as part of this traffic calming measure. Because we have to redo the striping, the best way to do that is to cover the existing and so it allows us, one, an opportunity to apply the correct treatment at the right time to a long, wide road in the Town of Fountain Hills for a reasonable amount of money and two, achieve and improve our safety goals that were outlined by this Mayor and Council when they directed the Town Manager and staff to TOWN OF FOUNTAIN HILLS Page 62 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 62 of 77 look for solutions a few years ago. With that exhaustive and long explanation, if there are any additional questions related to this traffic calming measure, I will do my best to answer them. FRIEDEL: Do you remember what the grade of that road is? WELDY: Madam Mayor, Councilmember. There is a section near the eastern limit prior to arriving to Fountain Hills Boulevard that is probably 10 to 12 percent. MAYOR DICKEY: Councilman. SPELICH: You're done? Thank you, Madam Mayor. So $154,000. You had the machine. I was visiting some friends that live off of El Lago. You had the machine there that was capturing the average speed and everything. WELDY: Madam Mayor, Councilmember. We did actually two different speed and volume counts on El Lago at two different locations. SPELICH: And what was the average speed? WELDY: The average speed for downhill east of the stop sign I believe was 31 miles per hour. It was the 85 percentile. SPELICH: Do we know if Captain Kratzer, if he can answer, have we had a radar enforcement there? In that particular area? I know that you guys blow up Saguaro, Palisades, the right turn onto Shay. And I know those are all your honey holes. But is El Lago on the radar? I'm just trying -- this is a lot of money to spend. KRATZER: Councilmember Spelich, that is not an area that we frequently run radar on. It's not known to us as being complaint-driven for speeders or an area that deputies target based on crash data currently. So in the time I've been here, we've not focused any added traffic enforcement in that area, outside of maybe a deputy just picking random locations and running radar. SPELICH: I'm just thinking how many deputies we could have sit there and run radar for 154,000. I think we could post up a guy there permanently. KRATZER: That's math I can't do right there. ALL: [LAUGHTER]. TOWN OF FOUNTAIN HILLS Page 63 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 63 of 77 MAYOR DICKEY: Can I just ask, this isn't just a stripe. This is maintenance of pavement, correct? WELDY: Madam Mayor, this is -- in fact, we've already done all the necessary underlying issue repairs and crack filling. This is going to be a new coating over that pavement, which will not only allow us to do pavement markings, but it will move this large section of our backlog out about five to seven years for any additional pavement maintenance, possibly longer. So yes, it's maintenance of pavement. MAYOR DICKEY: So that's the answer right there, really. That's what we're doing is pavement maintenance on El Lago Boulevard. Also, one of the other ways of the speed mitigation we talked about was sidewalks, which obviously would be more expensive than just the striping. So I think this addresses that, but I guess just from my knowledge of what we've done so far that the bulk of this is because we're repaving, or whatever you want to call it, the road, correct? Mike? SCHARNOW: Yes, thank you, Madam Mayor. No, I was going to say the same thing because, I mean, just recently, the other day I was driving up El Lago and right by the Shepherd of the Hills Lutheran Church, I mean, the amount of crack filling material is like mind-boggling. So obviously, maintenance is needed regardless of neighborhood complaints or the speeding. So I mean, this situation is more about maintenance and then people are saying, you know, we don't take care of our streets. Well, this is one way to take care of our streets. I don't see any other way of looking at it. SPELICH: Well, let's call it what it is, then. Let's not wrap it up in the cloak of safety. Let's just say that it's for maintenance. MAYOR DICKEY: Do we have any speaker cards on this item? MENDENHALL: No, Mayor. We do not. MAYOR DICKEY: Thank you. Are there any other comments or questions for -- GRZYBOWSKI: Actually, real quick. I used to live and have to take that road all the time. I used to live down there -- up there -- whatever. I will tell you, I realize we're looking at 31 miles is what you found as your average. I TOWN OF FOUNTAIN HILLS Page 64 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 64 of 77 feel like the people that turn from Palisades onto El Lago go a heck of a lot faster than the ones that actually originate from downtown and go that direction. And we all know about the speeding on Palisades. So I do feel like when they turn right or turn left from Palisades onto El Lago, those are probably -- if I had to look at the neighbors, those are probably where the faster people are coming from. SPELICH: People in a Tesla MAYOR DICKEY: Well, I don't know what kind of car they have, but -- you know, I was there walking very often and you're very right. So if there isn't anything else, could I get a motion, please? SCHARNOW: Yeah. I would say, you know, we do this and have Captain Kratzer have his guys out there. So move to approve amendment number one to Cooperative Purchasing Agreement 2022-074 with Cactus Transport for pavement maintenance services in the amount of $154,609.86. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. We're going to move on because I know folks are here, okay? And then we'll break before the work study session. Our next item, please. Rachael? GOODWIN: Good evening, Mayor and Council. I'm back. This time, we are going to talk about a skate park. As many of you know, our skate park was discussed at length during our Council Retreat as a CIP project for this year. Per direction, we are bringing it back for final approval this evening. In review, our skate park was built in 2007 and has had more than 15 years of use and has started to deteriorate. We have done our due diligence including maintenance and addressing individual concerns. However, it's at a point that requires significant TOWN OF FOUNTAIN HILLS Page 65 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 65 of 77 rehabilitation. The skate park has long been a popular amenity within our park system and it serves a pretty broad clientele and sees constant use during nice weather. You probably remember that last fall we had a partnership with Musco and we added LED lighting to the skate park for the first time ever, and that has been a tremendous hit with our users and we have seen evening. As a result of that evening access, our use has gone up by roughly 300 percent. Here's some photos of the current condition of the skate park. You can kind of see the cracking, the deterioration of the rails as well as the concrete there. You can also see that there's quite a bit of use. This past year we also -- with the renewed interest in our skate park and the addition of the lights, we partnered to introduce a new Skate School program, as well as our Skate Classic event. I want to thank Councilmember Gryzbowski for mentioning that both of these events combined actually won a state award last week. Both programs saw tremendous engagement. We sold out of our Skate School each time we've offered it and with our inaugural Skate Classic we had more than 30 skateboarders out there showing off their best stuff. So what've we done so far? In the spring a new project received your preliminary approval via the CIP. So this summer, the staff began engaging our stakeholders about the redesign. In June, we held a public meeting with 25 members of the public to attend an open session at our Community Center where we discussed the current conditions and then suggestions were shared for improvements. We had ages from 8 to 48 there, which really shows just the breadth of our users for this amenity. Following that, we shared a digital survey that was forwarded to all of our users and then posted throughout social media and we had 90 responses with a variety of additional suggestions and ideas. I'd like to point out that that's a pretty darn good engagement number for one single amenity in our community. Many of the comments requested improved features and a more logical and useful layout, including elements that serve both beginner, intermediate, and advanced users, so that skaters of all ages -- I will not even just say skaters -- wheeled users of all ages, because TOWN OF FOUNTAIN HILLS Page 66 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 66 of 77 it's not just skaters that use this facility -- have access to the space and feel like it's made for them. We want to help all users have -- feel like it's a space that was designed for their ability and to help them grow in their skills. The addition of a pump track, a skate bowl, and improved ramps were all features that were requested by local users. Here you can kind of see the shared renderings that were designed with these concepts in mind. Pending the approval, the skate park renovations would begin in January with completion due by June 30 to comply with our fiscal year. We have the budget allocated and that contract is set to not exceed $731,640. I shared this rendering here. You can kind of see the space that has the red fencing around it represents the existing space. The items including the bowl and the pump track would be the added amenities. And then here's one more rendering from the opposite perspective. And with that, I'd be happy to answer any questions about the project. I know we have a number of users in the audience as well, who are here to answer questions as well. MAYOR DICKEY: Thank you. Yes. MAGAZINE: Aaron, what's our liability situation? ARNSON: That's actually a very interesting question, Councilmember Magazine. So first of all, I don't know that the liability necessarily changes from what exists right now. But aside from that, there is a state statute that limits liability for recreational use. Recreational use of like park facilities and skate facilities, et cetera. I don't remember the exact statutory reference, but my recollection of that statute is that serves as a pretty good bulwark against our liability for these types of facilities. MAGAZINE: Do you know offhand whether or not there have been any claims? ARNSON: Related to the skate park? MAGAZINE: Right. ARNSON: I do not know. MAGAZINE: Okay. Thank you. MAYOR DICKEY: Councilman? TOWN OF FOUNTAIN HILLS Page 67 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 67 of 77 SPELICH: Alan's worried about breaking a hip. So a tremendous amount of money. I mean, a mind-boggling amount of money. I'm not opposed to it, but -- I don't mean to suck the life out of the room, but I'm going to. We still don't know what the Community Center's going to cost, to fix the Community Center. A million? I mean, we have Mr. Buick (ph.) here. Buick, right? Okay. I knew it was Buick or Ford. So he's going to give us a presentation. You know, in his last presentation he was saying it was going to be north of a million dollars. I don't know what this presentation's going to be. Believe me, I know that the kids and people will use this. I know that they're going to draw people to this. I know you can have events there. But I think with an ask like this, there's got to be a give. We've got to give something up to get this. I just -- I don't know if it's your umbrella for 400 G's or your -- you know, something. It's just a lot of money. I can't leave -- I've been a fiscal conservative. I can't walk out the door blowing money like I just went to the casino. I think there's got to be a give and take. I don't know what your thoughts are -- your thoughts are, I'm sure, just give me the money. But I just -- I think that's a lot of money. I'm sure Councilmember Magazine agrees that that's a lot of money. MAGAZINE: I do. SPELICH: And I know it's needed. I know that. I mean, all you have to do is look at the picture and see that the ramp comes down into a concrete box. I don't know exactly who designed that, but it wasn't definitely anybody that knew what they were doing. So in my massive amount of skateboarding experience and BMX-ing back in the day -- I'm lying. I just would like to think of what your thoughts are and what other Councilmembers thoughts are. I'll approve it, but we got to give something up that's going to take the place of this. And I prefer it to be the roundabout study. FRIEDEL: So I've been out to that park several times. It is kind of a mess. I've been in conversations with a gentleman from the town that's got some people that might be involved in another part of that. TOWN OF FOUNTAIN HILLS Page 68 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 68 of 77 But I think, David -- correct me if I'm wrong, Rachael -- I think 300-or-so thousand is coming from development fees, that we already have that money sitting there to use for this project. GOODWIN: You are correct. FRIEDEL: So you've got a couple of other improvements that you were going to look at doing at Desert Vista, for 200 this year, 200 next year, or 200 the year after, something like that. Could we table that stuff, take the development fee money and the 400 that you had on the books for that and get this project done? Would you be a little bit more pleased with that? SPELICH: What are we getting rid of again? GOODWIN: I think what I'm understanding is that there's concerns over the cost, which is understandable. I can see that. We do have development fees allocated for about a third, about 300 of this, with the remaining four coming from our CIP. If there is a give, so to speak, the give and take, are there other projects that we're willing to do without? I think you kind of touched upon the idea of the Centennial Building shade structure – GRZYBOWSKI: Rachael’s umbrella. UNIDENTIFIED SPEAKER: Oh, sorry. GOODWIN: -- also known as the umbrella. I think that that's probably an easy one to kind of tag. The other improvements around Desert Vista is also an option, or even considering other projects that aren't park related, whether we have other things identified in the CIP. My hope is that we can work with some partner groups. We do have some interest about funding and things like that. But again, if the project does not meet approval, then those funding options aren't on the table any longer. So I'd love to see if we can move forward towards that and explore those options to help offset some of the costs as well. Some of the other improvements around Desert Vista are somewhat tied to this, i.e., there's the idea of adding a ramada so that there's some shade or some other -- some support to this project. But it is not in conjunction with this project. They operate independently. So whether we give the shade structure up, whether we talk about foregoing other things in the CIP, I think that's all options. MILLER: A couple points I just want to bring up, and thank you for bringing up the TOWN OF FOUNTAIN HILLS Page 69 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 69 of 77 Community Center. As you know, we're going to have a discussion and a study session immediately following this meeting. The firm has identified approximately $4 million and it's not something that would have to be spent necessarily immediately, and it's something we can probably work towards saving to get to that point, like we do with all of our capital improvement projects. We don't typically put them in one year and then they're funded the next year. The other thing I wanted also to remind the Council is we're in this highly inflationary period of time right now, and so it would be really not a good idea not to approve this tonight, and it sounds like you're moving towards wanting to approve it. But I'm just concerned about cost escalations that a project like this might have if it's not approved tonight. And we're going to see other projects and you'll have another opportunity at future projects when the contracts come back to you, as you always do. So again, that's your opportunity. I think I heard Councilmember Friedel say that maybe some of these other projects might be something we might want to give up. I heard the same thing from Councilmember Spelich. So what I would say is, let's make a decision tonight on this, on the merits of this project alone tonight, understanding that if it's not approved as is that this could actually cost more money, which is taxpayer money, which is something I really would not want to see happen. And then as we have agreed for this fiscal year, as we come back we're going to bring projects back to you in the form of contracts and you'll always have the final say in the award of a contract, much like the discussion is going tonight on this. So I think that there's some really good work that's gone on this. You heard earlier from (indiscernible) that we need to be spending some of our money in the development fees. This one's been on the books for many years to do, so I think that this is a really great project and it's great to see a lot of the users here tonight. But I think that you brought up some really good points and I'm not discounting what has been said tonight. I just -- I'm concerned if this doesn't get approved tonight, it's just going to cost us more money in the future. MAYOR DICKEY: Alan? MAGAZINE: I too favor this, but I too am concerned about the cost and I'm just TOWN OF FOUNTAIN HILLS Page 70 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 70 of 77 wondering, you know, would the 300,000 plus the shade and whatever you call it, would pretty much cover it. Is there any reason why we can't make the decision tonight on removing the shade structure from the CIP? ARNSON: Sorry, Mayor. Can I jump in really quick? I mean, that is certainly a point for discussion. It's not an action item that's agendized, so no, we could not. We could not take that action tonight. MILLER: And if I may -- MAGAZINE: Can I come back later? MILLER: If I may, Councilmember, we had heard loud and clear that the Council directed us to try to find grants and other sources of revenue to help offset that cost and you heard earlier tonight that we didn't get a grant for it. As far as we're concerned, that's tabled right now until we can find some other grant and that was the direction the Council had given us previously. MAYOR DICKEY: Councilman? FRIEDEL: Two quick questions. What's the age of the current skate park? GOODWIN: Just over 15 years. FRIEDEL: 15 years? And what's the lifespan on the new one? GOODWIN: Probably in that same wheelhouse. Again, our conditions aren't very kind to amenities and things like that, so we do have -- they do have a life cycle but they're usually somewhere between 12 to 15 years, is probably reasonable. MAYOR DICKEY: Councilman? SCHARNOW: Yes, thank you, Madam Mayor. Yeah. No, I think it's an excellent use of the development fee money. I mean, that's almost half the project, or a third or so, so I like that aspect of it. And then the existing park, I mean, how much -- I mean, are you going to rip it all out and redo it? Or take what's there and take services down, or how's that going to work? GOODWIN: Well, I think the idea here is if we can reuse it -- if we can keep some of it that's in good shape and whatnot, there is some -- as commented earlier, there are some layout challenges that it was not laid out, necessarily, with the most comprehensive idea. It was laid out, originally, to be added to, and then that addition never happened. So it, sort of, was laid out, again, illogically. And so, we will have to make some amendments TOWN OF FOUNTAIN HILLS Page 71 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 71 of 77 there. But yes, if we can maintain -- keep things, we certainly want to do that because, obviously, it all contributes to the bottom line and how much we can do. SCHARNOW: Well, I think, you know, over the past several years, I mean, we've done a lot of improvements at Four Peaks. We've, you know, talked about lighting at Golden Eagle not too long ago. We've done improvements to Fountain Park. You know, the dog park had improvements. So I just think this is logical next step in the order or our parks in keeping them current and safe and up to date. So I'm all in favor of it. MAYOR DICKEY: Sharron? GRZYBOWSKI: I agree with Councilman Scharnow. And one of the biggest complaints we get in town is, there's nothing for our kids to do, there's nothing for our kids to do. By expanding this, we're giving our kids more stuff to do. I was, also, very impressed with your survey and the people that you had you show up to the meeting -- would you say, between the ages of 8 and 48 were participating, which why? You think that's, like, normal? I'm excited that there's 8 year-olds that's out there that want to take up skating. I think that's super cool. But 48 does shock me a little bit, I'm going to say. But that's, you know, ten years in my past, maybe, you know, I would have done it, I don’t know. But I was just very impressed by the age group that showed up and participated in helping to design and talk about this. MAYOR DICKEY: Do we have any speaker cards on this item? MENDENHALL: Yes, Mayor, we do. First, you have two written comments from Gerald Campbell and Grant Paulsen, and both support the skateboard park. And then we have -- MAYOR DICKEY: There's another one too, sorry. Wesley, right? MENDENHALL: Yes, but he also -- he is going to speak. MAYOR DICKEY: Oh good, thank you. MENDENHALL: Yes, he showed up. The first one to speak is Caleb Dassinger. Is -- all right. DASSINGER: They said all of my best points. Yeah, my name's Caleb Dassinger. I'm the owner and president of Brilliant Victory Skateboards, contracted by the Town to teach the skateboarding school, which I love to do. Again, you guys went over most of my best points, here. We've been just winning awards left and right. This expansion's TOWN OF FOUNTAIN HILLS Page 72 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 72 of 77 incredible, you know, I helped design it, essentially. Some of the other people here did too. This would just be huge. I can't tell you the amount of support I get. This could turn into international competitions. I mean, I've been in skateboarding and doing it for a living a good part of my life now, and I just think it's the way to go. I know 700 grand is 700 grand but you know, you'd make me really happy if you made it. ALL: [LAUGHTER] DASSINGER: So that's it. That's all you need. Right? So -- but that's -- yeah, the -- it looks amazing and just I hope we all can come to an agreement on this. So Mayor, Council, thank you. MENDENHALL: All right. The next is Wes Nourse. He also provided a written comment and then showed up at the meeting and wants to speak in person. NOURSE: Good evening. Thank you, Mayor Dickey and Councilmembers. I grew up here, lived here for over 20 years. Went to high school. I was there when this park was first built, the first version of it. I've seen it, kind of, deteriorating over the years. And I just know that the kids would be super happy about having this here. I know, growing up, there wasn’t much to do in town. Having this offered would be amazing. I mean, improving on the area around it, also adding the gazebos which would be, I know, a couple years down the line. But once this project's completed, this will be, like, on the map as one of the best parks in the southwest, with the pump track and the ball combo. It's just a really good layout for the space. So I just came here to support and if you guys have any other questions or comments for me about the park, I'd love to help out. But anyway, that's about it. MAGAZINE: You don’t look like you're 48. ALL: [LAUGHTER]. NOURSE: No, 36. 36. Thank you. UNIDENTIFIED SPEAKER: How much can we put you down for? ALL: [LAUGHTER]. NOURSE: Okay. Thank you. MENDENHALL: Our next speaker card is Brittni Thyfault. Are you still here, Brittni? Well, she's -- she's for it. TOWN OF FOUNTAIN HILLS Page 73 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 73 of 77 And then Lindsey Michaels signed up to speak, but she had to leave. And she just says, I support this. Let's get our kids outside and move away from YouTube, TV, and video games. My kids love the skate park and are looking forward to the expansion. Thank you. She probably had to get home to her kids. And that's it for speaker cards. MAYOR DICKEY: Thank you. Any other comments or quest -- I'm sorry? Oh okay. Any other comments or questions on this item? Great. Can I get a motion, please? GRZYBOWSKI: Move to approve the American Ramp contract, 2023-51. MAGAZINE: Second. MAYOR DICKEY: Thank you. All in favor, please say, aye? ALL: Aye. MAYOR DICKEY: Any opposed? Thanks, very much. MCMAHON: Thank you. MAYOR DICKEY: Appreciate it. One more item and then we do our work study. This one -- this one will be quick too. Cut and fill. WESLEY: Mayor and Council, I'm here to present to you a request for a cut and fill waiver on some property, on Firerock -- Firerock Country Drive. Chapter 5 of the subdivision ordinance sets out standards for grading and particularly gets into the issues with cut and fill waivers. Basic purpose of the ordinance are stated here, trying to maintain the natural topography as much as we can. With regard to the cut and fills, anything greater than ten feet needs to come to council for a waiver. In this case, we're good looking at this lot. It's a little bit odd-shaped lot with a long neck that comes out to the street and has some pretty good slope across it once you pass that throat. Morris residents -- Morrison residents is proposed for this property. And here's a couple more views. SPELICH: This is one home? WESLEY: This is one house, yes. Although, can I get the -- it's TOWN OF FOUNTAIN HILLS Page 74 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 74 of 77 working, yes. So it is one house. There is this detached under garage and workout area here, but it is one house. And the area of the cut and -- significant cut and fill is in this area. A couple more views of the property. A couple different directions. So I've highlighted, in here on the blue, the approximate area of the cut that would be greater than the ten feet, with a maximum area back here in the -- this corner where the -- this garage is. A little over 20 feet here, then it goes down to -- then about the time we get here, it's the ten-foot range. A couple of cross sections through here that show the natural grade versus where the cuts would be. So you see, this is looking to the west. And that view you saw before, so the wall is up here, the grade is coming down. So again, the biggest is back in this location. And some cross sections looking the other way. Again, this is the northern of the two -- two lots, biggest cuts in here. A little bit less on the other garage. They should come down. So, as we look at this in terms of the slopes and where it's at, visual impact from the street out on Firerock, you really won't see anything from there. The properties to the east down the hill will be looking up, over a retaining wall. So they'll see the tops in these buildings when they get put it, but they won't really be able to see that cut that was made that much. Through there. The code encourages to look for alternatives to the cuts. And so the -- the alternative would be to try to move the house further down the hill and spread things out so you don’t need that much of a cut at that one location. But as you do that, you create more -- Fsmaller cuts elsewhere. And you get -- and the more retaining walls and that type of thing. Those are some of the alternatives that could be considered. Eliminating that north garage would reduce some of the cuts. Changing it to multi-level design would -- could reduce some of the cuts, but that's not desired by the property owner who's -- who a little bit older and looking for a -- more things on the -- on the one floor. The Firerock Community of Architecture has reviewed the plans and have approved them. And other designs could result in more cuts elsewhere on the property. It's not very visible from the surrounding properties. We feel like the intent of the ordinance is being met and by reference. So we had cuts as large as just 29 feet with a narrow canyon, and almost 27 feet in Firerock Parcel B. So this is less than those were at the maximum. TOWN OF FOUNTAIN HILLS Page 75 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 75 of 77 Staff is recommending approval. SPELICH: Thank you, Madam Mayor. John, what's the fee associated with this? WESLEY: With the waiver? SPELICH: Yeah. WESLEY: There is no fee for a request to waiver. SPELICH: We need to get one. Obviously, by the size of that house, they can afford a fee. What do we need to do to make that happen? WESLEY: Talk to Mr. Pock and get something on the fee list. SPELICH: The next council needs to do that. Anybody that can build a house like that can afford the fee. FRIEDEL: John, have there been any comments from any of the neighbors or anything? WESLEY: Mayor, Councilmember, there have been no provisions in this waiver request for any notice. So we haven’t had the opportunity for any notice to neighbors. Again, since the HOA has approved it, we assumed they have done any of that discussions internally. GRZYBOWSKI: A couple years ago, I had the benefit of sitting down with former Councilman Brown, who is a local builder. And he and I discussed a number of, not lots in specific, but just basically, we've used so many lots here that the lots that we're left to -- with are, kind of -- sorry if you're out there that owns this lot -- but weird and obscure and may require special permits, just like this. I don’t think there's any denying it. If you think the house is too big, that's a personal thing. But we need to start thinking outside of the box for some of these kinds of lots. So I don’t have a problem, unless it's hard to tell by the pretty pink and blue lines that you had on your picture, but it appears to be above the other houses. My question is, is it going to block somebody else's view? WESLEY: Right. And Councilmember, the best we can do from -- from this one -- let me point it out. So again, we're talking the house is built in here, we're going up the hill to the house that's up here. So they'll be looking over all of this. UNIDENTIFIED GRZYBOWSKI: So it's already above the other -- TOWN OF FOUNTAIN HILLS Page 76 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 76 of 77 WESLEY: Yes. GRZYBOWSKI: -- that's kind of what I was guessing. So I don’t have a problem with it then. MILLER: And Mayor, if I may, too, I just want to reiterate, I believe Mr. Wesley (ph.) also indicated that the Firerock Homeowner's Association. Board also endorsed it. And if there was a blocked view, that's something they would have had a concern with. SCHARNOW: Yeah, that was -- that was the first thing I was asking myself when I was reading through this about -- so it's good to see the community of architecture approve this. And then, you know, it also occurred to me during this, it was a bigger issue years ago, as far as cuts and what happens to the dirt, you know, because there was a lot of illegal dumping back in -- years ago. So I -- you know, during the inspection process, do we, you know, look at that at all or kind of see where they're taking the dirt because I know this is not going to be kept on site, is it? FRIEDEL: They're selling that dirt, is my guess. Dirt's valuable today. SCHARNOW: Well, I know but I -- I just want to make sure it's not dumped somewhere it's not supposed to be. WESLEY: The designer's here and he may be able to answer that question a little better than I can. There will be some adjustment onsite because they will be leveling out the site for the houses. It would otherwise be going down the hill. I don’t know if they end up with extra dirt or not. My guess it they probably do and I think Councilmember Friedel, you're right, there's a lot of places needing dirt and they typically are able to sell it. MAYOR DICKEY: Any further questions? Do we have speaker cards on this item? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. All right. I'm ready for a motion, please. GRZYBOWSKI: Move to approve cut and fill waiver, CFW22- -- what is that, five zeroes, 1. MAGAZINE: Second. MAYOR DICKEY: Thank you. TOWN OF FOUNTAIN HILLS Page 77 of 77 NOVEMBER 15, 2022 CITY COUNCIL MEETING Page 77 of 77 All in favor, please say, aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thanks, very much. Our last item is discussion directions from the Town Manager. Do we have anything? No? All right. We'll adjourn and we'll take a break before we start the work study. Ten minutes. Thank you. TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 15, 2022 1. CALL TO ORDER Mayor Dickey called the Work Session of the Fountain Hills Town Council held on November 15, 2022, to order at 8:48 p.m. 2. ROLL CALL Members Present: Mayor Ginny Dickey: Vice Mayor Gerry Friedel; Councilmember David Spelich; Councilmember Sharron Grzybowski; Councilmember Alan Magazine; Councilmember Peggy McMahon; Councilmember Mike Scharnow Members Absent: None Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: No members of the public were present. 3. REGULAR AGENDA A. Allana Buick and Bers will be presenting its next steps, short and long term progress report related to water/moisture intrusion issues at the Community Center. Eugene Buick, Senior Principal with Allana Buick and Bers provided a progress report on the water/moisture intrusion issues at the Fountain Hills Community Center and answered councils’ questions. 4. ADJOURNMENT With no further discussion, Mayor Dickey adjourned the Work Session. The Work Session of the Fountain Hills Town Council held on November 15, 2022, adjourned at 9:18 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 15th day of November 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd Day of January 2023. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 13 NOVEMBER 15, 2022 WORK SESSION Page 1 of 13 Post-Production File TOWN OF FOUNTAIN HILLS November 15, 2022 Work Session Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * Page 2 of 13 TOWN OF FOUNTAIN HILLS Page 2 of 13 NOVEMBER 15, 2022 WORK SESSION MAYOR DICKEY: Hey there, we're back in session for a work study. And Grady, if you want to get us started. MILLER: Yes, really quickly, you recall, last month, we -- we gave a presentation on this. We had hired a firm that actually helped us do some analysis of the water intrusion at the community center, which we've been having some problems with. They actually did some actual water -- battery tests of water on the windows and on the doors and they were able to, kind of see, where the real issues were. The way we left that last meeting was we asked for them to come back and help prioritize what needs to be done and the estimated costs. So that's what they're here for tonight. And the timing is good because we also intend to try to come up with some work that we're trying to get underway right now. And also to start planning for our capital improvement program. With that, I'll turn it over to -- I know Justin has some other comments, as well. So I'll turn it over to our public works director before he introduces Mr. Buick. WELDY: Thank you, Mr. Miller. As stated, Eugene Buick will be giving you a more detailed report on actions that we've taken and some actions that are going to be needed. With that, I will remind that this is actually a marathon to get the work done here. And with that said, you start running a immediately for a marathon. And the town staff, under the direction of the Town Manager, has done that. I would like to take just a moment to thank the facilities staff, Steve (ph.), Paul (ph.), and Mark (ph.) for the work that they have been doing since this was brought to our attention. At no time did we just, simply, ring our hands and say, oh well. We immediately went to the Town Manager and sought funding and solutions. And since the renovation was underway of the community center, we have continued to work on short-term solutions. As part of that, there has been an incredible amount of anxiety and people upset, and their blood pressure high over the amount of funding that was spent. I want to reiterate again that we would have never moved forward with that project had we known that there was other areas that were subject to water intrusion outside of the moisture in the foundation. When I was recently discussing this in an internal meeting, one of the directors in the town said, you mentioned a few things on here that the Council may not actually be TOWN OF FOUNTAIN HILLS Page 3 of 13 NOVEMBER 15, 2022 WORK SESSION Page 3 of 13 aware of., and it may appear to the public and some of the members of the Council that you're not giving them the full picture. I'm going to do that right now. You are full aware because we have made you aware of the storefronts, windows, and doors. These are construction deficiencies. We have also made you aware of the ongrad -- grade slab moistures. Again, this is another construction deficiency from original construction. Some of the stuff that we're working on internally, and have been working on -- and once again, I'll revert back to the professionals that we are fortunate enough to have on this staff, here -- is the roof. The roof is nearing it's service life and it's actually in our facilities or placement for a really big ticket for replacement. Steve Bartlett (ph.), our facilities supervisor, has been working diligently and has discovered a product that is, not only, suitable, but preferred as opposed to removing and replacing six substantial cost savings. And very shortly, we are going to use some of the budgeted money that we have for maintenance to test a big spot to make sure what they selling us -- they're selling us is what we're going to buy. Roof drains. This is a really large building with lots of parapet walls on top and it would be very difficult to move all of the storm water or condensation from any of the units up there to the outside edges. So believe it or not, there are storm drains for runoff that come down through the interior walls. Those galvanized pipes are connected with, what I refer to as, a furnco but the professional term for that is a no hub. It is basically some clamps and rubber that are put on as Steve (ph.) and his staff are working to inspect and repairs those with contractors and themselves. They're noticing some deficiencies and some, just, poor installation over the years. Several of these are very, very difficult to get to. And it takes a little while for us to do that and allow the building to continue to operate. Another one that causes some stainage on the tiles -- roof leaks is one of those -- is that building has cooling lines that run everywhere in the ceiling. These copper lines basically provide service to each and every room, independently, or when you open up a ballroom, all four of those independent areas come together to provide HVAC. Those lines and the installation on them, often times, have condensation. So you'll see a little spot in the corner of a tile or in the cent of a tile. Most of that is from that condensation. As you'll recall from the last meeting, I referenced turkey pans that were in the suspended TOWN OF FOUNTAIN HILLS Page 4 of 13 NOVEMBER 15, 2022 WORK SESSION Page 4 of 13 ceiling. That's what those pans were doing. As opposed to removing and replacing, and/or servicing those pans, Steve and his group, along with contractors, are fixing that. Lastly, and I think this is important to note, while we consider the community center and what it provides this community an immense value, and we would like to address everything as quickly as we can, a couple of projects that we have been currently working on over the weekend, that you are well aware of in regards to the remediation, are relatively small projects, not only for the remediation company but the restoration company, and the testing facility, and the lab. I am grateful that they have agreed to come out here day, nights, and weekends and remain open and do this type of work for a project this small so we could accomplish the end goal, which is to rid the community center of these organic matters and repair it, and get it back open and operating. At the same time, and out of sight but critically important, there has been a contractor out there sealing these windows. I, personally, am impressed. And I've watched them several times, now, actually applying their product. For those of you who may have an opportunity, please go over and look. This company is -- all they do is sealing caulking. And they were actually able to tent color. The material that they're using to match our trim that we just had painted -- and unless you look really, really close, you almost can't tell that this new stuff is there. Again, Eugene Beers is going to -- excuse me, Eugene Buick is going to share a bunch of additional information with you regarding what we have done, what we intend to do, and we're going to need to do in the future. But I thought it was critical to share some of the upfront information with you about what's going on currently. With that, Mr. Buick, and if you would, please? BUICK: Thank you, Justin. You're welcome. Good evening, Madam Mayor and Council, Grady, Aaron. What I'm going to do today is review several of the action items, priority items, short-term repairs, and long-term repairs. I do want to preface this discussion in that there are some, what's classified as a, short-term repair may actually be a longer-term repair. And that is the wet seal. In our industry, in the waterproofing and building and envelope industry, it is common practice for high rises to go through a wet seal process. Provided that it's installed and executed correctly -- and I'll give you and example of what that means and what that Page 5 of 13 TOWN OF FOUNTAIN HILLS Page 5 of 13 NOVEMBER 15, 2022 WORK SESSION includes. So as far as the action items, since September, there have been many events. Justin touched on the organic growth. And what's happened is there have been lab -- there's been testing that's been performed. The interior wall cavities were sampled. And in some instances, there were microbial samples found. And the plan was to hire restoration companies to remove that drywall and clean these areas. Along with this, there was also and HBAC balance test that was performed by Omega Test and Balance. There's a report in progress. But the report from the vendor is the system is performing a very close to original design specs. In addition to that, there were three sewer line contractors that we reached out to, and three -- two of the three, unfortunately, didn't provide a quote. But two additional contractors did visit the site and provided quotes to -- to review the sewer lines and line the sewer lines. So a lot of work's happening, here, at the site. Gensler, and architectural firm, has been reached out to as well and discussions are ongoing with them to prepare a price to look at the whole building repair design. And of course, the caulking contractor is currently sealing the windows. So these areas that are being repaired, the goal is not only to repair these areas and allow them to continue to get wet, but the goal is to repair them and then seal them at the same time to stop the water from entering these cavities. The staff also prepared a water intrusion map in mid-October. And then also, we were asked to prepare this prioritization plan. So I won't read through all of these, but the bottom line is remediation of lobby's complete and the interior drywall is repaired at the time we prepared this presentation. And actively, the windows and doors are being sealed. There's another roof -- roof problem area about one hundred eight -- 850 square feet that will be repaired. That's going to happen the third week of November, I guess. BARTLETT: Sorry, say that again? BUICK: The repair work for the roof. BARTLETT: Oh, that's supposed to be starting the third week in November. BUICK: Third week of November. So it's right around the corner. There's another area being explored and that's the slab. There's a moisture issue there and what's being discussed is in -- introduced as using a blanket barrier. I guess, the TOWN OF FOUNTAIN HILLS Page 6 of 13 NOVEMBER 15, 2022 WORK SESSION Page 6 of 13 contractor injects a material to stop and mitigate the moisture issues. So just as a reminder, I did review some near-term review options. The wet sealing of the windows, which is now underway. That includes application of sealants around the perimeter of the windows. Also several doors were repaired or sealed. I think it was about eleven doors where there were sealants applied and thresholds reset in sealant. In terms of other short-term repair options for consideration but not underway yet, are trench drains and sockets to manage the water flow near the drains. And then, also, replacement of some of the hardscape. There is an area by the, I guess would be, the senior services area where there's reverse slope and ponding water. And that is going to be demolished and possibly replaced with more of a softscape or decomposed granite to help water drain out. Repairs to interior finishes have been ongoing. And the, of course, once these wet seals are performed, we recommend spray testing some of these wet seals and see if water intrusion has, either, stopped or reduced greatly. So that -- that's around the corner, as well. So let's talk about the near-term solution. To help explain what a wet seal is, you could see this gentleman, he's using a tool. He's using a tool that has helped -- what it does is help shape the sealant. That's -- that's -- that's a great installation method and I was please to hear that the contractor that you hired is using tools. The other way that some of us would use is our finger, and then you wet it a little bit so that your finger doesn't get stuck to the sealant. And unfortunately, sometimes you do see that but not -- not in this case. And you can see how beautiful these sealants look on the photo on the right where it's perfectly coved, it's barely visible. And then, you do also have some of these tapes and sealants that are applied over joints. So the challenge with these windows and assemblies is you have a lot of jointery which allow water in. And if the seal -- if the system wasn't installed correctly in the first place, water just gets in and -- in so many ways. So the wet sealing contractor's applying sealant, not only between the glass, and the frame, and the frame of the perimeter, but also at these joints to help stop water from coming in. Near-term solutions reminder. What's still being explored is grinding and sloping the trench drain. One way is to grind the reverse-slope concrete. The other way is to TOWN OF FOUNTAIN HILLS Page 7 of 13 NOVEMBER 15, 2022 WORK SESSION Page 7 of 13 introduce a sloping compound. So those are being studied right now. In terms of a priority, windows and doors a priority number one. Reverse-slope patio, particularly at the senior service area, is a priority. And then the second on the list would be address these window sills and reverse-slope concrete, and exploring these trench drains. So I prepared some round estimates. The window, I had a round estimate of 75,000 to 90,000. Your current contract's actually less than 20,000 right now for the wet sealing. So you have a local vendor, experienced, using the right tools, and thus far, looks like they're going to be under 20. Doors, those -- some repairs have already occurred and those will continue to -- to be worked on. And then, of course, the reverse-slope concrete, roughly 25 to 35,000, depending on what sort of softscape material you go back with. And then, 30 to 40,00 for the reverse-slope concrete. And 50 to 75,000 for trench drains. So all in all, there's a estimated budget over the next coming year, year and a half, of about quarter million to 355,000. Now, it looks like, with some of the recent pricing that you received for the window wet sealing, for example, that this number's going to be less. But nonetheless, it's a round figure right now. In terms of the schedule for the near-term items, the window, door sealing, and concrete patio removal, it's -- the work's started and it's going to continue through June 2023. Reverse-slope concrete and fence drains, probably somewhere around June 2024. And you know, it 's easy to say that, look, we want to do this work but you have to plan it out. You have to do a little bit of engineering. Draw some drawings and help bid some of this work out. So this will be an ongoing process. As far as the window and door sealing, although we classify it as a near-term solution, if it's properly executed, it tests out through the water testing, it could be something that lasts five years, ten years, fifteen years actually. Wet sealing's a very, very common method of treating issues. Now, I do have long-term recommendations and these were discussed at the prior presentation. The long-term recommendations are really dependent on the outcome of these short-term solutions. And as I've indicated, the short-term solutions, if they're successful, may actually help reduce the scope -- reduce the scope. But I'm not going to TOWN OF FOUNTAIN HILLS Page 8 of 13 NOVEMBER 15, 2022 WORK SESSION Page 8 of 13 assume it's going to work, I'm going to present what this could include, potentially. The replacement of the windows, the doors. And replacing windows is not easy because it integrates with the stucco and the effuse. And what you have to do is, you have to remove this material around the perimeter of the window and you can imagine -- there's two ways to approach this. You just do a localized patch and patch it back in. And for those of you who have -- who have replaced your windows or seen other projects where windows get replaced, you can often times see the patch. This is a first-class building, you're going to want to actually blend all the patches. And what that means is we're not just replacing the windows, you're going to repair and repatch a portion of the effuse and stucco, but also reskim the finish, which is -- which means it costs money. So -- but -- but done right, it can look really good. And then, of course, you have to coat and patch it. There's an option here for additional grinding. Once the windows are doors are removed, additional hardscape work and -- when you do remove a window, you do have to do a little bit of drywall work, as well, around the perimeter so you can properly install these assemblies. And then these systems also include additional sheet metal. So sheet metal underneath the window assemblies. Sheet metal above the window assemblies. So -- and you know, and then when you do restoration work, you also have to consider the -- the unknown. Right. And -- and with proper planning, you consider the unknown. There are unforeseen condition -- conditions so you include contingency. And then design inspection fees run twelve to fifteen percent. So from a conservative approach, if we have to replace the windows, if you have to replace the doors, if you have to break the stucco, based on our findings, then you're looking at a preliminary budget of, roughly, $2.9 to $3.9 million dollars. But again, it's subject to the success of the short-term repairs. What does our schedule look like? And I think Grady touched on it -- actually, Justin touched on it. It -- you don't just come up with a plan for repair, you have to fund it. It takes time. You have to evaluate the various repair approaches. So the first thing is to, prior to -- actually, prior to retaining the architectural design firm, I would say, part of this is also to evaluate these water intrusion measures and then develop a capital budget. And it's going to take time. And that budget's going to involve going over through a pros Page 9 of 13 TOWN OF FOUNTAIN HILLS Page 9 of 13 NOVEMBER 15, 2022 WORK SESSION and cons session of good-better-best approaches to these window assemblies. Are there some other repairs you'd like to do at the building, alongside these window replacements such as some additional painting and embellishments around the window. Maybe some canopies. But by the time you get through that process, you're -- you're probably looking at soliciting bids somewhere in 2027. It takes a long time to plan for this and awarding a contract around October 2027 and then construction in 2028. So the hope is that the short-term repairs are successful and performing. And buys you enough time to really think through what this facility really needs. So. Any questions? MAYOR DICKEY: Thank you. Any questions? Comments? Councilman? MAGAZINE: In looking at the list and the cost, I may have missed it. I didn't see the roof. Was that in there? BUICK: It -- that's outside my scope. But -- MAGAZINE: That's an additional cost? BUICK: That's an additional cost, correct. MAGAZINE: You have any idea, even a ballpark? BUICK: I don't know -- Justin, do you have any idea? JUSTIN: I really can't. I don't want to make some shit up. MAYOR DICKEY: The roof is -- UNIDENTIFIED SPEAKER: [LAUGHTER]. MAYOR DICKEY: The roof far as replacing it or doing what you were talking about with the seal stuff? JUSTIN: Madam Mayor and Councilmembers, so this is actually just a -- basically scraping it and recoating it. And I -- I don't want to give a bad number because that's the number that people have a tendency to remember. But we know that replacing it is in the four to seven dollar a square foot, which is a big number -- BARTLETT: That's a pretty close part of it. New form -- new foam ten year will last (indiscernible) yeah, six bucks a foot plus. WELDY: And he -- so he's looking at some quotes for that type of work that we've received. But the ceiling -- and he's digging through his numbers, here -- is substantially lower. Page 10 of 13 TOWN OF FOUNTAIN HILLS Page 10 of 13 NOVEMBER 15, 2022 WORK SESSION So the sealing product that we're going to be proposing is substantially lower in cost and as effective, if not better than, replacing the roof. And again, substantially less. But that is in facilities, reserve, and maintenance. [CROSS TALK] WELDY: Separate from capital. MAGAZINE: The gentleman said it's not within the scope. And I hear the roof wasn't included. What else is not within your scope? BUICK: I think it's probably the roof, really. UNIDENTIFIED SPEAKER: So -- BUICK: There are going to be other elements, HVAC and what not, are going to have some maintenance repairs, some plumbing repairs but I think we're -- I'm attacking, I'm reviewing fundamentally what's contributing to the lion's share of these issues, which are the windows and doors. MAGAZINE: Obviously, we're talking a lot of contractors. Are they all war -- do we have warranties on all of them. Will we have -- yes, Justin? You're shaking your head. On all of them? MAYOR DICKEY: Will we have what? MAGAZINE: Warranty. BUICK: Warranty. Absolutely. That's going to be in your contracts -- MAGAZINE: Okay. WELDY: -- and -- MAGAZINE: Just making sure. JUSTIN: And I just -- MAGAZINE: A lot of surprises. MILLER: -- and I just want to point out that the roof has been in our replacement plan for the building. It's not just the community center, but also the library and the museum which were built about the same time period. And it is not a conventional- type roof. It is a foam, or spray-on type roof. And what our facilities director was able to find out was that this particular process he's researched, has a sub-roof material that goes on and then it -- you do have the spray-on, or whatever, that goes over that. And then had -- I asked, could that be something that Page 11 of 13 TOWN OF FOUNTAIN HILLS Page 11 of 13 NOVEMBER 15, 2022 WORK SESSION after, you know, it's useful life of fifteen years, or whatever, can -- do you have to remove that or scrape it off? And he's like, no, you can go on a few more years, or a few more occasions, before you have to do that, which is very unusual for that type of a roof system. So -- BUICK: I could speak to, if I may, to the foam roof systems. Typically -- and we've designed repairs from roof systems -- and typically, you look at recoating them and getting another fifteen years life out of them, or if the surface of the foam is bad, you scarify an interest so -- and then reapply another thin layer of foam. And then, you recoat it. It is rare that you demolish it all the way down to the substrate. It's -- it's unnecessary, costly, and actually very messy. So I think, going through a coating program is typically the standard of care. FRIEDEL: You brought up the roofs. Do we know if the roofs on the other buildings are the same as the one we have on the community center? They are? So you're product, Justin, could probably work on those other ones, as well, if it's successful? WELDY: The intent, Councilmember, moving forward, is that if this test patch we're doing works as we're being told it will, that would be what we'll use for -- moving forward on all three buildings. FRIEDEL: Do we know the roofs on the other buildings are in good shape? I'm assuming they've been checked, right? JUSTIN: They're under regular inspection. And they're about and in relatively good condition. We don't have any real leaking or any real deterioration, so basically this is preventative maintenance is what we're looking to do here. MAYOR DICKEY: Councilman? SPELICH: Thank you, Madam Mayor. I know I'm not going to be on the Council but I'm going to make a suggestion. I suggest that you get Mr. Buick to do a comprehensive study. Yes, I'm saying to spend money on a study, so everybody stay in their chairs. ALL: [LAUGHTER]. SPELICH: I have personally been in town hall, in meetings -- I can't remember who I was meeting with, but I was having a meeting with somebody and it was Page 12 of 13 TOWN OF FOUNTAIN HILLS Page 12 of 13 NOVEMBER 15, 2022 WORK SESSION raining outside and it was literally raining on his credenza. So I think the same problems that are currently in the community center are in town hall and I'm not an engineer, but I know that your credenza should be dry. I suggest that we contract with you and do a study of town hall while you're hear, and look at that because I believe town hall has the exact same issues that the community center has. WELDY: We appreciate that comment. And in fact, the last visit, they did take a look at town hall. And we are currently working with the vendor that is wet sealing the community center to look at the windows on town hall. And you are correct, over the last ten or fifteen years, plus or minus, an incredible amount of money has been spent on the windows here at town hall, including completely removing one and replacing it. And we've still not had the best of luck. So we have several windows that leak. His firm, along with the firm that is currently working on the community center -- and keep in mind, part of this team moving forward very shortly -- our procurement specialist is working on a contract -- is to have an architectural firm join with Allana, Buick & Bers on this project moving forward. And that architectural firm, their specialty is this type, which is primarily construction deficiencies. We will have them on board very, very shortly. And we'll start picking up a little bit of speed in this marathon as we race towards the end. MAYOR DICKEY: So at -- nothing that we're doing so far needs the architect yet? That's just -- even the grading and the drains and all that? MILLER: Yeah, but we do want to bring it on pretty soon [CROSS TALK] MILLER: -- because it helps -- BUICK: Sooner -- sooner than later. And also understanding the results, you know, of these short-term repairs. MILLER: And help because, as an example, you know, if we're looking at storefront windows for the community center, it's specking out the right windows and seeing if the architect can come up with some, you know, other types of options that are, maybe, lower cost that have the same look and appearance. And certainly, seal in the building. So I think it's important because it's more than just going and buying windows, it's -- you got to make sure that one, it -- it integrates with the Page 13 of 13 TOWN OF FOUNTAIN HILLS Page 13 of 13 NOVEMBER 15, 2022 WORK SESSION building as it was originally designed and the way it looks. But also make sure it's doing what it's intended to do, which is keep the water outside the building. MAYOR DICKEY: All right. Any further comments? Th -- yes, Mike? SCHARNOW: I know this is probably rather miniscule in the big picture, here, but I mean, with the newer windows and that, I mean, is there -- if we do replace the doors and windows down the road, I mean, is there a significant energy savings, or just small, or do we know that? BUICK: Certainly, there's going to be improvement. I can't tell you what percentage but better -- a better seal, maybe a little bit less abuse of the mechanical systems. So certainly a more thermal efficient system. There's always added benefit. MAYOR DICKEY: Great. Good thoughts. Thank you, so much. Thank you for the report. And Justin and everybody, we look forward to moving forward on this. Any other comments? Yes? MILLER: So you'll be seeing more information that, when we come back to the council retreat, as you start to look at the preliminary facility's reserve and also the capital improvement program, you'll start to see, at least, some placeholders in future years related to the community center and the roofs, as well. MAYOR DICKEY: Thank you. There's nothing else. We're adjourned. ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Fountain Hills VFW Post 7507 Veterans of Foreign Wars for a  mini beer garden in conjunction with the Fountain Festival of Arts and Crafts on February, 24-26, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Richard Harrington, representing the Fountain Hills VFW Post 7507, for submission to the Arizona Department of Liquor.    The applicant and Fountain Hills VFW Post 7507 are keenly aware that the final issuance of a liquor license as well as approval to hold the Fountain Festival of Arts and Crafts on February 24-26, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to the special event liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 11/28/2022 07:26 AM Finance Director David Pock 11/28/2022 07:30 AM Town Attorney Aaron D. Arnson 11/28/2022 08:02 AM Town Manager Grady E. Miller 11/30/2022 02:47 PM Form Started By: Linda Ayres Started On: 11/28/2022 07:05 AM Final Approval Date: 11/30/2022  ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Fountain Hills VFW Post 7507 Veterans of Foreign Wars for a full beer garden in conjunction with the Fountain Festival of Arts and Crafts on February, 24-26, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Richard Harrington, representing the Fountain Hills VFW Post 7507, for submission to the Arizona Department of Liquor.    The applicant and Fountain Hills VFW Post 7507 are keenly aware that the final issuance of a liquor license as well as approval to hold the Fountain Festival of Arts and Crafts on February 24-26, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments Special Event Liquor License  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 11/28/2022 07:26 AM Finance Director David Pock 11/28/2022 07:30 AM Town Attorney Aaron D. Arnson 11/28/2022 08:02 AM Town Manager Grady E. Miller 11/30/2022 02:48 PM Form Started By: Linda Ayres Started On: 11/28/2022 07:13 AM Final Approval Date: 11/30/2022  ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application by the Fountain Hills Chamber of Commerce for a beer garden in conjunction with Fountain Hills Day on March 18, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Hannah Toth, representing the Fountain Hills Chamber of Commerce, for submission to the Arizona Department of Liquor. The applicant and Fountain Hills Chamber of Commerce are keenly aware that the final issuance of a liquor license as well as approval to hold Fountain Hills Day on March 18, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments Special Event Liquor License  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/21/2022 12:44 PM Finance Director David Pock 12/21/2022 03:35 PM Town Attorney Aaron D. Arnson 12/22/2022 09:45 AM Town Manager Grady E. Miller 12/22/2022 12:10 PM Form Started By: Linda Ayres Started On: 12/13/2022 01:36 PM Final Approval Date: 12/22/2022  ITEM 7. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Town of Fountain Hills for a beer garden in conjunction with Music Fest on April 1, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Linda Ayres, representing the Town of Fountain Hills, for submission to the Arizona Department of Liquor.     After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to special event liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Linda Mendenhall 12/28/2022 03:54 PM Finance Director David Pock 12/28/2022 03:59 PM Town Attorney Linda Mendenhall 12/28/2022 04:09 PM Town Manager Grady E. Miller 12/28/2022 11:09 PM Form Started By: Linda Ayres Started On: 12/21/2022 02:09 PM Final Approval Date: 12/29/2022  11/7/2022 Page 1 of 3 Individuals requiring ADA accommodations please call (602)542-2999 CSR: Amount: Arizona Department of Liquor Licenses and Control 800 W. Washington St. 5th Floor Phoenix, AZ 85007 (602) 542-5141 Application MUST be submitted to the Department of Liquor 10 days prior to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director, or Chairperson of the Organization. 1.Applicant: (Must be an Officer/Member of the Non Profit Entity) Last First Middle 2.Applicant’s mailing address: Street City State Zip 3. Applicants home/cell phone: Applicant’s business phone: 4.Applicant's email address: 5. Special Event Name: 6.Name of Non-Profit Organization, Candidate or Political Party/Gov: 7.Non-Profit/IRS Tax Exempt Number: 8.Arizona Corporation Commission File #: If out of State please specify: (Attach letter of good standing) 9.Event Location Name: 10.Event Address: Dates and Hours of Event - Days must be consecutive and may not exceed 10 consecutive days. DLLC USE ONLY Job #: Date Accepted: CSR: License #: **SEPARATE APPLICATION FOR EACH “NON-CONSECUTIVE” DAY** Days Date Day of Week Event Start Time AM/PM License End Time AM/PM DAY 1: DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: SPECIAL EVENT LICENSE APPLICATION FEE $25.00 PER DAY 11/7/2022 Page 2 of 3 Individuals requiring ADA accommodations please call (602)542-2999 SECTION 2 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) _________________Number of Police _________________ Number of Security Personnel Fencing Barriers Must explain security measures: SECTION 3 What is the purpose of this event? On-site consumption Off-site (auction/wine/distilled spirits pull) Both How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Check one of the following boxes. (R-19-318) A) Special Event being held on an unlicensed premises will require approval and signature by the Local Governing Body on page 3. (If checked move to section 4) B) Will this event be held on a currently licensed premises and within the already approved and licensed area? (Must attach a letter from the licensed premises with an explanation of the option checked below) Name of Business License Number Phone (Include Area Code) Place license in non-use - Special Event Licensee selling all alcohol without retailer involvementMust attach letter from the location suspending license for duration of special event Dispense and serve all spirituous liquors under retailer’s license – Business operates normally, minimum of 25% of gross revenue from alcohol sales is donated to licensee Dispense and serve all spirituous liquors under special event - The special event licensee is in charge of selling alcohol that was purchased or donated by the special event licensee. The retailers existing alcohol inventory must be separated from any alcohol used during the special event. Must attach letter from the location suspending license for duration of special event Split premise between special event and retail location - Both the special event licensee and the retailer will conduct sales of alcohol. (These sales will be done in separate areas. If alcohol is donated or purchased by the special event licenseeit must be in a separate area than the alcohol that is dispensed by the licensed retailer.) Off Sale only - Wine/Distilled Spirits Pull, Live or Silent Auctions – Retailer will still be permitted to conduct all normal sale and service of alcohol. SECTION 4 1.Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? Yes  No If yes, attach letter of explanation. 2.How many special event days have been issued to this organization during the calendar year? 3.Is the Organization using the services of a Special Event Contractor? (A licensee can utilize the services of a specialevent contractor who may purchase and sell alcohol on behalf of the licensee. If no special event contractor is listed, thelicensee is responsible for the sales and service of alcohol. ) Yes  No If yes, please provide the Name of the Special Event Contractor: 4.Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol? (Licensees who hold a series 6, 7, 11, or 12 license are automatically qualified to be the special event contractor) Yes  No if yes, please provide the Name of Licensee: License #: 11/7/2022 Page 3 of 3 Individuals requiring ADA accommodations please call (602)542-2999 Date Received: ______________________ I, ____________________________________ _____________________________ recommend APPROVAL  DISAPPROVAL (Government Official) (Title) On behalf of _____________________________, _____________________________, _____________, (City, Town, County) Signature Date Phone 5.List the name of the Individual or Organization that will receive revenues, MUST EQUAL 100 PERCENT.Attach additional sheet if necessary. Name: Percentage: Address: Street City State Zip Name: Percentage: Address: Street City State Zip Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE. SECTION 5 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local governing body before submitting to the Department of Liquor Licenses and Control. Please contact the local governing board for additional information. APPLICANT SIGNATURE LOCAL GOVERNING BODY AZDLLC USE ONLY ATTACH DIAGRAM Declaration: I, (Print Name) , declare under penalty of perjury that I am authorized to submit this application. I have read the contents of this application, and to the best of my knowledge believe all statements made on this application to be true, correct and complete. Signature APPROVAL  DISAPPROVAL BY: _________________________________ ____________ DATE: _________________________ 2023 Music Fest Site Plan ITEM 7. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Kukkola Sonia, Financial Services Technician Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License Application for FATA LLC, located at 11803 North Saguaro Boulevard, Fountain Hills, Arizona, for a Series 18 (Distiller) License.  Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license application submitted by Francesca Alexander Rossiello, agent of FATA LLC, for submission to the Arizona Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance with Town Ordinances. Related Ordinance, Policy or Guiding Principle A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the liquor license application. SUGGESTED MOTION MOVE to approve a series #18 liquor license application for FATA LLC.   Attachments Department Recommendation  Application Series 18  Form Review Inbox Reviewed By Date Finance Director David Pock 12/21/2022 04:04 PM Town Attorney Aaron D. Arnson 12/22/2022 09:48 AM Town Manager Grady E. Miller 12/22/2022 12:08 PM Form Started By: Kukkola Sonia Started On: 12/21/2022 07:13 AM Final Approval Date: 12/22/2022  TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (As applicable) • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing DATE: 12/20/22 FR: Sonia Kukkola, Financial Services Technician RE: Liquor License Application Attached is a Liquor License Application for staff review. Review the application, then mark or sign, indicating staff’s recommendation for approval (with or without stipulations) or denial. If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning, and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: FATA LLC 11803 N Saguaro Boulevard Palisades Boulevard Fountain Hills AZ 85268 Applicant: Francesca Alexandra Rossiello Date(s) of Event: N/A Date Application Received: 11/10/22 Town Council Agenda Date: 1/3/22 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z John Wesley X Community Services Linda Ayres X Building Safety Peter Johnson X Fire Department Mike Winters X Law Enforcement Larry Kratzer X Licensing Sonia Kukkola X Street Department Jeff Pierce/Justin W. X Attach report for denial or any recommendation requiring stipulations. ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Council Discussion                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND DISCUSSION: Review Council assignments to Town Subcommittees and Regional Committees. Staff Summary (Background) Regional and local representation on behalf of the town is beneficial in maintaining a strong presence Valley-wide. At the Town Council meeting on January 3, 2023, the Council will review the various regional and local committees to serve on.  Some of the regional committees consist of the East Valley Partnership (EVP), Maricopa Association of Governments (MAG), Greater Phoenix Economic Council (GPEC), League of Arizona Cities and Towns, Valley Metro, etc. Some of the local boards and committees consist of the Subcommittee A & B which conduct Commissioner interviews to serve on the Towns Boards, Commissions and Committees, Fountain Hills Cares, Traffic and Pedestrian Safety Committee, etc.  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) The council reviews the various opportunities to serve and considers requesting an appointment to the committee of interest. Committee appointments will take place at the Town Council meeting on January 17, 2023. SUGGESTED MOTION This Item is for discussion only.   Attachments Regional Committees  Form Review Inbox Reviewed By Date Finance Director David Pock 12/27/2022 11:18 AM Town Attorney Linda Mendenhall 12/27/2022 04:51 PM Town Manager Grady E. Miller 12/27/2022 05:11 PM Form Started By: Linda Mendenhall Started On: 12/27/2022 10:31 AM Final Approval Date: 12/27/2022  TOWN OF FOUNTAIN HILLS COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS ORGANIZATION MEETINGS HELD ASSIGNED East Valley Partnership The East Valley Partnership is a coalition of civic,business,educational and political leaders from Apache Junction,Chandler,Florence,Fountain Hills,Gila River Indian Community,Gilbert,Mesa,Queen Creek,Salt River Pima-Maricopa Indian Community,Tempe and Pinal County dedicated to the economic development and promotion of the East Valley of Greater Phoenix,Arizona.They advocate in areas such as economic development, education, transportation and infrastructure, arts, behavioral health, and other important areas. https://phxeastvalley.com/about/history/ EVP – Board of Directors 1st Thursday of Month – 4:00 PM Councilmember Peggy McMahon EVP – Advocacy & Government Relations 3rd Tuesday of month – 10:00 AM OPEN Oversees legislative strategy and implementation,makes public policy recommendations,monitors legislative, and city government issues. EVP – Education Think Tank Quarterly - 4th Wednesday of Month – 8:00 AM O P E N Includes K-12 and higher education leaders who share ideas and develop strategies to promote the outstanding work being done on an educational front in the region. EVP – Economic Vitality 4th Tuesday or Thursday of Month – 8:00 AM Councilmember Sharron Grzybowski Provides updates,special reports and drives regional strategies,including new business growth,business retention and workforce development initiatives. EVP - Critical Infrastructure and Transportation 3rd Tuesday of Month - 7:30 AM Councilmember Sharron Grzybowski Drives planning and promotes region-wide programs on all forms of transportation,including street,freeways, rail and bus systems. GPEC (Greater Phoenix Economic Council) Established in 1989,the Greater Phoenix Economic Council (GPEC)actively works to attract and grow quality businesses and advocate for the competitiveness of Greater Phoenix.As the regional economic development organization,GPEC works with 22 member communities,Maricopa County and more than 170 private investors to accomplish its mission,and serve as a strategic partner to companies across the world as they expand or relocate.Consistently ranked as a top national economic development organization,GPEC’s approach to connectivity extends beyond the fabric of the community.Known as The Connected Place,Greater Phoenix is in a relentless pursuit of innovative and entrepreneurial technology-focused companies that are committed to changing the game.As a result,over the past 31 years GPEC has fueled the regional economy by helping more than 850 companies, creating more than 154,000 jobs and $20.4 billion in capital investment. GPEC – Mayors/Supervisors Quarterly - Last Thursday of Month Mayor Ginny Dickey GPEC – Board of Directors Quarterly - 3rd Thursday of month Councilmember Sharron Grzybowski https://www.gpec.org/about-us/board-of-directors/ The Greater Phoenix Economic Council is led by a Board of Directors,all esteemed public and private leaders who guide the organization and work collaboratively to shape the region’s economy.As the region grows and diversifies, business and government leaders have joined to create long-term sustainability in the region. TOWN OF FOUNTAIN HILLS COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS ORGANIZATION MEETINGS HELD ASSIGNED League of Arizona Cities and Towns The League,a voluntary membership organization of theincorporated municipalities in Arizona,exists toprovide vital services and tools to all its members,focusing principally on representing the interests of cities and towns before the legislature,and secondarily on providing technical and legal assistance,coordinating shared services and producing high quality conference and educational events. League – Executive Committee O P E N http://www.azleague.org/86/Executive-Committee League – Policy Committees: http://www.azleague.org/96/Policy-Committee-Process-Municipal-Polic  These five Committees provide an opportunity for city and town officials from across the state to provide expertise and direction on proposed policy issues that come to the League. Policy committees usually meet during April,May and June to prepare items for the August Annual Conference each year.  The Policy Committee chairs are members of the Executive Committee and are selected by the President of the League. Municipal elected officials and staff may apply for a position on a Policy Committee. An individual city or town may have only one vote on each committee. Only elected officials are eligible to vote on the direction of a policy issue, though staff may participate in the discussion and offer expertise.  After submitted policy ideas are discussed and vetted in the appropriate policy committee, they may become a League resolution, be referred for further study or they may have a non-legislative solution.  The proposed issues that come before the Policy Committees are either drafted into a policy proposal or referred for other action. Those items that are recommended for policy action are presented to the Resolutions Committee during the League’s Annual Conference.  The adopted resolutions form the basis of the Municipal Policy Statement which guides the League’s legislative efforts at the legislature  The Policy Committees will meet in April, May and June. Meetings are open for anyone to attend; however, only one elected official from each city on that committee may vote. Budget, Finance and Economic Development April, May and June | 2:00 p.m.Councilmember Sharron Grzybowski General Administration, Human Resources and Elections April, May and June | 10:00 a.m.O P E N Neighborhoods, Quality of Life and Sustainability April, May and June | 10:00 a.m.Councilmember Peggy McMahon Public Safety, Military Affairs and Courts April, May and June | 10:00 a.m.O P E N Transportation, Infrastructure and Public Works April, May and June | 2:00 p.m.O P E N TOWN OF FOUNTAIN HILLS COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS ORGANIZATION MEETINGS HELD ASSIGNED MAG (Maricopa Association of Governments)  Provide a forum for discussion and study of regional problems of mutual interest to the governments in the region.  Ensure,through cooperation and the pooling of common resources,maximum efficiency and economy in governmental operations, which will provide every citizen with the utmost value for every dollar.  Identify and comprehensively plan for thesolution of regional problems requiring multicity,town and county cooperation.  Facilitate agreements among the governmental units for specific projects or other interrelated developmental actions or for the adoption of common policies with respect to problems that are common to its members.  Attain the greatest degree of intergovernmental cooperation possible in order to prepare for future growth and development of the region MAG – Regional Council Last Wednesday of month – 11:30 AM Mayor Ginny Dickeyhttps://www.azmag.gov/Committees/Policy-Committees/Regional-CouncilTheRegionalCouncil is the governing and policy-making body for the organization and is comprised of elected officials appointed by each MAG member agency.For most members,the city or town mayor serves as the Regional Council representative.The chairs of the Boards of Supervisors represent Maricopa and Pinal Counties on the Regional Council.The State Transportation Board members for Maricopa County represent the Arizona Department of Transportation (ADOT).The three Native American Communities are represented by their governor or president MAG – Human Services and Community Initiatives 3rd Thursday of month – 10:00 AM O P E N https://www.azmag.gov/Committees/Policy-Committees/Human-Services-and-Community-Initiatives- CommitteeTheHuman Services and Community Initiatives Committee (HSCIC)is primarily focused on incubating solutions that strengthen the region.This is driven by the development of a Regional Human Services Action Agenda. These activities focus on three main areas of data,tools,and policy.Data are presented that illustrate the demand for human services throughout the region.Tools are offered to better understand these needs and opportunities.Policy is assessed to determine what changes are recommended to improve the state of human services in the region. The MAG Human Services Technical Committee provides support. Community partners are engaged to lend additional support and to participate in the development of the agenda and event. MAG – Domestic Violence Council 1st Thursday of Month – 2:00 PM Councilmember Gerry Friedel https://www.azmag.gov/Committees/Policy-Committees/Regional-Domestic-Violence-Council The Regional Domestic Violence Council serves as the primary coordinating body for issues related to domestic violence and provides a forum for communication and coordinated action to effectively address,prevent,and eradicatedomestic violence in theMAG region.The council is charged with workingwith the communityin order to implement the recommendations in the MAG Regional Domestic Violence Plan.Members of the council are drawn from local elected officials,members of the Governor's Office Division for Women,business community, healthcare professionals, prosecutors, police officers, shelter and service providers, and private funders. TOWN OF FOUNTAIN HILLS COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS ORGANIZATION MEETINGS HELD ASSIGNED MAG - Economic Development Committee Quarterly - 1st Tuesday of month - 11:30 a.m.Councilmember Peggy McMahonhttps://www.azmag.gov/Committees/Policy-Committees/Economic-Development-Committee The role of the Maricopa Association of Governments (MAG)Economic Development Committee (EDC)is to develop opportunity-specific and action-oriented initiatives that fosters and advances infrastructure in the MAG region,especially transportation infrastructure that would further economic development opportunities.The EDC consists of 36 members,which is comprised of 20 MAG member agency elected officials and one representative from the Arizona Department of Transportation appointed by the MAG Regional Council.The committee also includes 15 business representatives Valley MetroValleyMetro is the regional public transportation agency providing coordinated transit services to residents of metro Phoenix.From regional bus, light rail and paratransit service to alternative commuter solutions,Valley Metro’s core mission is to develop and operate a network of transit services. Valley Metro (RPTA) Board of Directors 3rd Thursday of month – 11:15 AM OPEN Mayor Ginny Dickey (alternate)https://www.valleymetro.org/about/boards-directors The Valley Metro RPTA and Valley Metro Rail Boards of Directors help guide the agency by providing transportation leadership to best serve the region and their communities.Members are represented by an elected official who is appointed by their Mayor, Councilmembers or Board of Supervisors. LOCAL COMMITTEESTown of Fountain Hills - Subcommittee A & Subcommittee BSubcommittee A & Subcommittee B conduct interviews for applicants that have expressed an interest in serving on one of the many Boards, Committees, and Commissions for the Town. The subcommittee members will interview the applicants and make recommendations for appointments to the Mayor. Appointments are made in April and in October; subcommittees interviews are conducted in March and in September, respectively. Fountain Hills Cares OPENFountain Hills Cares provides community presentations that cover essential topics for the benefit of Fountain Hills residents.Events occur twice a year once in April and in October. Traffic & Pedestrian Safety Sub Committee OPEN The Traffic & Pedestrian Safety Sub Committee is responsible for reviewing and analyzing vehicle, bicycle, and pedestrian traffic areas and data to make recommendations to the council to improve safety on town streets. ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the update to the Town of Fountain Hills Neighborhood Traffic Management Process Staff Summary (Background) On April 16, 1998, the Town adopted its Neighborhood Traffic Management Process (NTMP).  This document outlines traffic management and traffic calming measures, and goes into great detail on many of these types of traffic calming measures, including Chokers, Gateways, Intersection Channelization, Median Barriers, Neckdowns, Raised Intersections, Speed Humps, Delineators, and several others.  The document also outlines the process for citizen requests for speed humps. The 1998 NTMP document contains peripheral information that is not relevant to the traffic calming process.  This outdated document also pre-dates the current practice of coordination, review and approval from the Pedestrian and Traffic Safety Committee for speed studies and speed hump/cushion installations.   Staff has prepared a draft update to the NTMP document (enclosed in the Council packets).  The document has been streamlined to focus on the speed hump/cushion request process, and incorporates the latest speed hump/cushion details.  The qualifying criteria for speed humps/cushions have been updated, as well as the petition requirements, the petition review process, the construction process and cost of installation (for those cases where the neighborhood will be paying the cost), The NTMP update also addresses the process to remove speed humps/cushions if the neighborhood decides they do not want them any longer. A one-page flowchart of the entire process was developed and included as an attachment to the updated NTMP document, as well as an updated neighborhood petition. The updated NTMP policy document was presented to the Pedestrian and Traffic Safety Committee on September 27, 2022 for their review and approval. Several comments were received by that body, and have been addressed and are reflected in the document being considered this evening. The Town Attorney performed a legal review of the revised NTMP document, and noted there were no issues. Related Ordinance, Policy or Guiding Principle This is an update to the adopted policy document, entitled "Neighborhood Traffic Management Process", originally adopted by Council on April 6, 1998. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends that Council adopt the updated Neighborhood Traffic Management Process. SUGGESTED MOTION MOVE to adopt the updated Neighborhood Traffic Management Process policy document. Attachments Updated NTMP Document 1-3-2023  Update NTMP Document 1-2-2023 Redline  Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 10/31/2022 04:30 PM Finance Director David Pock 11/02/2022 01:32 PM Town Attorney Aaron D. Arnson 11/02/2022 02:44 PM Town Manager Grady E. Miller 11/03/2022 12:01 PM Form Started By: David Janover Started On: 10/25/2022 01:51 PM Final Approval Date: 11/03/2022  TOWN OF FOUNTAIN HILLS NEIGHBORHOOD TRAFFIC MANAGEMENT PROCESS ADOPTED APRIL 16, 1998 REVISED JANUARY 3, 2023 Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023 Page - 1 - Table of Contents Neighborhood Traffic Management and Calming Methods ............................................................2 Speed Humps ................................................................................................................................2 Speed Cushions ............................................................................................................................2 Qualifying Criteria ...........................................................................................................................2 Petition Requirements ......................................................................................................................3 Petition Review Process ...................................................................................................................5 Construction Process/Cost ...............................................................................................................5 Speed Hump Detail ......................................................................................................................6 Example Speed Cushion Detail ....................................................................................................7 Removal Process ..............................................................................................................................7 List of Attachments Attachment A Neighborhood Traffic Management Process Flowchart Attachment B Neighborhood Petition Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023 Page - 2 - NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING MEASURES Neighborhood traffic management calming measures covered by this policy include speed humps and speed cushions on public streets. Speed humps and speed cushions are considered to be traffic control devices, and are asphalt mounds that are placed across the roadway for the purpose of slowing the approaching traffic speed. Speed Humps are used to slow the flow of traffic on local 2-lane residential streets, and are placed across the entire roadway. Speed Cushions are also used to slow the flow of traffic, but are only used on 3-lane collector roads (one lane in each direction with a center turn lane). Speed Cushions contain road-level gaps, which allow emergency vehicles to pass through the center with minimal to no “bump” at higher speeds, while an average vehicle needs to slow down to traverse the obstruction safely. QUALIFYING CRITERIA Requests for the installation of speed humps or speed cushions on public streets will be considered by the Town for those streets meeting all of the following criteria: a. The street should be primarily residential in nature (alleys are not eligible). b. The street shall be no wider than three (3) lanes in width (one lane in each direction with a center turn lane). c. Traffic volumes are less than 5,000 vehicles per day. d. The street shall have a vertical curb adjacent to the proposed device. If the street has an existing roll curb or wedge curb, drivers may try to go around the devices, and Town staff shall review to determine if additional measures are necessary to prevent diversion. e. The posted speed limit shall be a maximum of 30 mph. Speed Hump Speed Cushion Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023 Page - 3 - f. The street is a minimum of 600 leet in length. Multiple speed humps/cushions may be installed at spacings of approximately 250 to 600 feet. g. There must be adequate horizontal and vertical sight distance. The street grade must not exceed 8%, and there must not be a sharp horizontal curve near the device(s). h. Device(s) shall not be installed over manholes, water valves, junction boxes or other irregularities in the pavement. i. There are three possible scenarios based on roadway speed: (1) Town funds device installation; (2) Neighborhood residents fund device installation; (3) Device is not warranted (see table below) j. The 85th percentile1 speed on the street shall be at least 12 mph above the posted speed limit for full Town cost participation. k. The 85th percentile speed on the street shall be at least 5 mph above the posted speed limit for neighborhood-funded devices. l. Proposed device(s) shall not be located within 200 feet of a stop sign or traffic signal on the subject street. m. Drainage on the street shall not be compromised due to the installation of the device(s) n. Public Safety Agencies have not provided sufficient evidence of any major public safety concerns regarding possible installation of device(s) o. The change in traffic flow will not result in unreasonable liability exposure for the Town. p. On a street or corridor where a previous speed study found that speed humps or cushions were not warranted, at least 1 year must pass until the Town considers a subsequent request at the same location, unless there has been substantial development in the area. q. Prior to installation, all devices must be approved by the Town’s Pedestrian and Traffic Safety Committee * Initially, the Town will deploy a mobile speed trailer for three (3) days in each direction to measure traffic speed and volume as an initial screening. If the speed in any direction is measured higher than the appropriate criteria above, the Town will deploy higher accuracy speed tubes for a one-week period to collect speed and volume data. The speed tube data will then be used to determine if the speed criteria is met for speed humps or cushions. Once the proposed traffic calming device has passed the qualifying criteria, the Town Engineer will examine the anticipated impacts and recommend the technical feasibility of the proposed device. This review will include items such as State law, the Circulation Element of the Town’s 1 The 85th Percentile Speed is the speed at or below which 85 percent of the drivers travel on the road segment Posted Speed Limit Minimum 85th Percentile Speed where Speed Humps or Cushions are Warranted* Speed Humps or Cushions are NOT Warranted Neighborhood – Funded Town - Funded 25 mph 30 mph 37 mph < 30 mph 30 mph 35 mph 42 mph < 35 mph Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023 Page - 4 - General Plan, the type of road or street involved, compliance with engineering regulations, existing traffic conditions, projected traffic conditions, the potential for traffic diversion to adjacent streets, impacts to emergency vehicle response times, the increased liability exposure for the Town, or conflicts with future planned improvements. If the Town Engineer has deemed the installation favorable, the project moves to the neighborhood petition stage. PETITION REQUIREMENTS This purpose of the neighborhood petition is to ensure that the majority of property owners that will be affected by the installation of the device(s) will support the installation. The following procedures will be followed for submitting a petition to the Town for speed humps or speed cushions: a. The Town Engineer will determine the boundary of the “affected area” to be petitioned. The affected area will include but not be limited to those properties where normal travel routes to and from the “affected area” are to be altered by the device(s) b. The neighborhood liaison and Town staff will conduct a review of possible device locations. The residents, in cooperation with staff, may decide to schedule an optional neighborhood meeting to further identify the concerns and issues. If a neighborhood meeting is held, the Town Engineer or designee, as well as a uniformed police officer, would attend. c. The neighborhood liaison must then circulate a petition amongst the affected property owners. d. The petition requesting the device(s) must be supported by a minimum of 75 percent of the total number of lots affected by the proposed changes in traffic flow, as determined by the Town Engineer. e. All adjacent property owners [located within 50 feet along each side of the device(s)] must approve of the installation. f. If there is less than 75% approval from the affected property owners, or there is opposition from the adjacent property owners, the device(s) will not be installed. g. Property owners who do not respond to the petition, are considered opposed to the installation. h. Signers of the petition must be the owners of their respective property. Only one (1) petitioner may respond per lot. A tenant’s response is not valid, unless the owner provides an affidavit allowing the occupant/tenant to respond on their behalf. i. The petition language must also clearly explain, and show on an exhibit, the location of the proposed device(s). Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023 Page - 5 - j. The petition language and attached drawing must be reviewed and approved by the Town Engineer prior to circulation to ensure its accuracy and ability to be clearly understood. k. The completed petition must be returned to the Town Engineer within 90 calendar days of the initiation of the petition. l. If, as a result of the speed measurements, the neighborhood will be funding the cost of the installation of the device(s), the Petition submitted to the Town for review must include the following: • A statement that all persons signing the petition acknowledge it is the Town’s policy that they will be responsible for all costs directly associated with the construction of the traffic calming device(s). m. A sample petition has been provided to this policy (See Attachment B) PETITION REVIEW PROCESS The following process will be used to review all petitions for speed humps or speed cushions: a. The Town Engineer will review any petition to verify compliance with all petition requirements set forth above. Any petition not complying with these requirements will not be accepted for consideration. The Town may request verification of the signatures. b. If the petition contains all the required information under this policy, the proposed device(s) will be referred to all affected public agencies in conjunction with the review process. At a minimum, these agencies will include all Town Departments, Maricopa County Sheriff’s Office, Fountain Hills Fire District, all affected local utility companies, School District, Neighborhood Property Owner’s Association (NPOA), Home Owner’s Association (HOA) and any other agencies affected by the traffic flow modification. The Town Engineer will report the findings of the speed study, and will present the petition to the Town of Fountain Hills Pedestrian and Traffic Safety Committee, at a regularly scheduled meeting. Once the Board approves of the installation of the device(s), the Town Engineer will advise the neighborhood liaison, and the project will proceed to installation. CONSTRUCTION PROCESS/COST a. The Town will prepare design plans and obtain a cost from a contractor to install the device(s). b. After the contractor installs the device(s), Town staff will install appropriate signage. c. If the neighborhood is funding the installation of the device(s): Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023 Page - 6 - • The cost will be provided to the neighborhood liaison prior to the start of construction. • Upon completion of the installation, the Town will prepare an invoice for the cost of installation of the device(s) and signage, and forward the invoice to the neighborhood liaison for payment. • Payment shall be due within 30 days of receipt of the invoice. • The Town shall be responsible for future maintenance of the device(s). Device Type Cost of Installation (Per Device) with associated signing and striping * Speed Hump $3,500 Speed Cushion $5,500 * Cost of installation is approximate, and is subject to varying material cost and labor rates Speed hump and speed cushion details are shown below, but dimensions will vary based upon the street width: Speed Hump Detail Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023 Page - 7 - Speed Cushion Detail REMOVAL PROCESS After 6 months have passed following the installation of the speed humps or speed cushions, if the residents decide that they want the device(s) removed, they can request removal of the device(s) and signage. A similar petition is required, requiring a minimum of 51% owner approval to remove the device(s), with removal costs to be borne by the residents. ATTACHMENT A NEIGHBORHOOD TRAFFIC MANAGEMENT PROCESS FLOWCHART Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023 Page - 1 - ATTACHMENT B NEIGHBORHOOD PETITION (Speed Hump[s] or Speed Cushion[s]) (Location) PETITION TO MODIFY THE TRAFFIC FLOW ON__________________STREET BETWEEN__________________ AND__________________ BY THE INSTALLATION OF___________________________ AT ____________________________ DATE _________________________ BEFORE YOU SIGN THIS PETITION, KNOW WHAT YOU ARE SIGNING! IT IS RECOMMENDED THAT YOU FIRST READ THE TOWN’S NEIGHBORHOOD TRAFFIC MANAGEMENT PROCESS We, the undersigned Residents or Owners of the area shown on the attached map, petition the Town to install traffic calming on ________________________ as shown on the attached drawing. ADD THIS SECTION IF APPROPRIATE: All persons signing this petition acknowledge it is the Town’s policy that they will be responsible for all costs directly associated with physical changes needed to install the traffic calming device(s). All persons signing this petition do hereby certify that they represent a Lot or Property within the area impacted by the proposed traffic flow changes as shown on the attached map. Contact person:_______________________________ Phone: (____) ______________________ SIGNATURE PRINT NAME PRINT STREET ADDRESS, ZIP PHONE # _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ TOWN OF FOUNTAIN HILLS NEIGHBOURHOOD TRAFFIC MANAGEMENT PROCESS ADOPTED APRIL 16, 1998 REVISED JANUARY 3, 2023JUNE 20, 2022 Formatted: Bottom: 1.44" Formatted: Centered Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 1 - Table of Contents Neighborhood Traffic Management and Calming Methods ............................................................2 Speed Humps ................................................................................................................................2 Speed Cushions ............................................................................................................................2 Qualifying Criteria ...........................................................................................................................2 Petition Requirements ......................................................................................................................3 Petition Review Process ...................................................................................................................5 Construction Process/Cost ...............................................................................................................5 Speed Hump Detail ......................................................................................................................6 Example Speed Cushion Detail ....................................................................................................7 Removal Process ..............................................................................................................................7 List of Attachments Attachment A Neighborhood Traffic Management Process Flowchart Attachment B Neighborhood Petition Formatted: Centered Formatted: Font: (Default) Times New Roman, 20 pt, Font color: Auto Formatted: Font: (Default) Times New Roman Formatted: Normal Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: 12 pt Formatted: Centered Formatted: Font: 20 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Bold Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 2 - NEIGHBOURHOOD TRAFFIC MANAGEMENT AND CALMING MEASURES Neighborhood traffic management calming measures covered by this policy include speed humps and speed cushions on public streets. Speed humps and speed cushions are considered to be traffic control devices, and are asphalt mounds that are placed across the roadway for the purpose of slowing the approaching traffic speed.all “official traffic control devices” authorized by the Town, State and federal agencies. Some of the methods authorized in particular circumstances might include traffic islands, curbs, traffic barriers, or other roadway design features. Speed Humps are used to slow the flow of traffic on local 2-lane residential streets, and are placed across the entire roadway. Speed Cushions are also used to slow the flow of traffic, but are only used on 3-lane collector roads (one lane in each direction with a center turn lane). Speed Cushions contain road-level gaps, which allow emergency vehicles to pass through the center with minimal to no “bump” at higher speeds, while an average vehicle needs to slow down to traverse the obstruction safely. QUALIFYING CRITERIA Requests for the installation of speed humps or speed cushions implementation of neighborhood management and calming measures on public streets will be considered by the Town for those streets meeting all of the following criteria: a. The street should be primarily residential in nature (alleys are not eligible). a.b. The street shall be no wider than three (3) lanes in width (one lane in each direction with a center turn lane). Speed Hump Speed Cushion Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Caption, Centered Formatted: Caption, Centered Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 3 - c. Traffic Vvolumes are less than 5,000 vehicles per day. d. The street shall have a vertical curb adjacent to the proposed device. If the street has an existing roll curb or wedge curb, drivers may try to go around the devices, and Town staff shall review to determine if additional measures are necessary to prevent diversion. e. The posted speed limit shall be a maximum of 30 mph. f. The street is a minimum of 600 leet in length. Multiple speed humps/cushions may be installed at spacings of approximately 250 to 600 feet. g. There must be adequate horizontal and vertical sight distance. The street grade must not exceed 8%, and there must not be a sharp horizontal curve near the device(s). h. Device(s) shall not be installed over manholes, water valves, junction boxes or other irregularities in the pavement. b.i. There are three possible scenarios based on roadway speed: (1) Town funds device installation; (2) Neighborhood residents fund device installation; (3) Device is not warranted (see table below) j. The 85th percentile1 speed on the street shall be at least 12 mph above the posted speed limit for full Town cost participation. k. The 85th percentile speed on the street shall be at least 5 mph above the posted speed limit for neighborhood-funded devices. l. Proposed device(s) shall not be located within 200 feet of a stop sign or traffic signal on the subject street. m. Drainage on the street shall not be compromised due to the installation of the device(s) c.n. Public Safety Agencies have not provided sufficient evidence of any major public safety concerns regarding possible installation of device(s)neighborhood traffic management and calming measures. o. The changes in traffic flow will not result in unreasonable liability exposure for the Town. p. On a street or corridor where a previous speed study found that speed humps or cushions were not warranted, at least 1 year must pass until the Town considers a subsequent request at the same location, unless there has been substantial development in the area. d.q.Prior to installation, all devices must be approved by the Town’s Pedestrian and Traffic Safety Committee 1 The 85th Percentile Speed is the speed at or below which 85 percent of the drivers travel on the road segment Posted Speed Limit Minimum 85th Percentile Speed where Speed Humps or Cushions are Warranted* Speed Humps or Cushions are NOT Warranted Neighborhood – Funded Town - Funded 25 mph 30 mph 37 mph < 30 mph 30 mph 35 mph 42 mph < 35 mph Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Superscript Formatted: Superscript Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Superscript Formatted: Font: Bold Formatted: Superscript Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 4 - * Initially, the Town will deploy a mobile speed trailer for three (3) days in each direction to measure traffic speed and volume as an initial screening. If the speed in any direction is measured higher than the appropriate criteria above, the Town will deploy higher accuracy speed tubes for a one-week period to collect speed and volume data. The speed tube data will then be used to determine if the speed criteria is met for speed humps or cushions. Once the proposed traffic calming device has passed the qualifying criteria, the Town Engineer will examine the anticipated impacts and recommend the technical feasibility of the proposed device. This review will include items such as State law, the Circulation Element of the Town’s General Plan, the type of road or street involved, compliance with engineering regulations, existing traffic conditions, projected traffic conditions, the potential for traffic diversion to adjacent streets, impacts to emergency vehicle response times, the increased liability exposure for the Town, or conflicts with future planned improvements. If the Town Engineer has deemed the installation favorable, the project moves to the neighborhood petition stage. PETITION REQUIREMENTS This purpose of the neighborhood petition is to ensure that the majority of property owners that will be affected by the installation of the device(s) will support the installation. The following procedures will be followed for submitting a petition to the Town for speed humps or speed cushions: a. The Town Engineer will determine the boundary of the “affected area” to be petitioned. The affected area will include but not be limited to those properties where normal travel routes to and from the “affected area” are to be altered by the device(s) b. The neighborhood liaison and Town staff will conduct a review of possible device locations. The residents, in cooperation with staff, may decide to schedule an optional neighborhood meeting to further identify the concerns and issues. If a neighborhood meeting is held, the Town Engineer or designee, as well as a uniformed police officer, would attend. c. The neighborhood liaison must then circulate a petition amongst the affected property owners. d. The petition requesting the device(s) must be supported by a minimum of 75 percent of the total number of lots affected by the proposed changes in traffic flow, as determined by the Town Engineer. e. All adjacent property owners [located within 50 feet along each side of the device(s)] must approve of the installation. f. If there is less than 75% approval from the affected property owners, or there is opposition from the adjacent property owners, the device(s) will not be installed. Formatted: Normal, No bullets or numbering Formatted: Font: 9 pt, No underline Formatted: Font: 9 pt Formatted: Font: (Default) Times New Roman, 9 pt Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +Indent at: 0.5" Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 5 - g. Property owners who do not respond to the petition, are considered opposed to the installation. h. Signers of the petition must be the owners of their respective property. Only one (1) petitioner may respond per lot. A tenant’s response is not valid, unless the owner provides an affidavit allowing the occupant/tenant to respond on their behalf. i. The petition language must also clearly explain, and show on an exhibit, the location of the proposed device(s). j. The petition language and attached drawing must be reviewed and approved by the Town Engineer prior to circulation to ensure its accuracy and ability to be clearly understood. k. The completed petition must be returned to the Town Engineer within 90 calendar days of the initiation of the petition. l. If, as a result of the speed measurements, the neighborhood will be funding the cost of the installation of the device(s), the Petition submitted to the Town for review must include the following: • A statement that all persons signing the petition acknowledge it is the Town’s policy that they will be responsible for all costs directly associated with the construction of the traffic calming device(s). m. A sample petition has been provided to this policy (See Attachment B) PETITION REVIEW PROCESS The following process will be used to review all petitions for speed humps or speed cushions: a. The Town Engineer will review any petition to verify compliance with all petition requirements set forth above. Any petition not complying with these requirements will not be accepted for consideration. The Town may request verification of the signatures. b. If the petition contains all the required information under this policy, the proposed device(s) will be referred to all affected public agencies in conjunction with the review process. At a minimum, these agencies will include all Town Departments, Maricopa County Sheriff’s Office, Fountain Hills Fire District, all affected local utility companies, School District, Neighborhood Property Owner’s Association (NPOA), Home Owner’s Association (HOA) and any other agencies affected by the traffic flow modification. The Town Engineer will report the findings of the speed study, and will present the petition to the Town of Fountain Hills Pedestrian and Traffic Safety Committee, at a regularly scheduled meeting. Once the Board approves of the installation of the device(s), the Town Engineer will advise the neighborhood liaison, and the project will proceed to installation. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Bulleted + Level: 2 + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Indent: First line: 0" Formatted: No underline Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 6 - CONSTRUCTION PROCESS/COST a. The Town will prepare design plans and obtain a cost from a contractor to install the device(s). b. After the contractor installs the device(s), Town staff will install appropriate signage. c. If the neighborhood is funding the installation of the device(s): • The cost will be provided to the neighborhood liaison prior to the start of construction. • Upon completion of the installation, the Town will prepare an invoice for the cost of installation of the device(s) and signage, and forward the invoice to the neighborhood liaison for payment. • Payment shall be due within 30 days of receipt of the invoice. • The Town shall be responsible for future maintenance of the device(s). Device Type Cost of Installation (Per Device) with associated signing and striping * Speed Hump $3,500 Speed Cushion $5,500 * Cost of installation is approximate, and is subject to varying material cost and labor rates Speed hump and speed cushion details are shown below, but dimensions will vary based upon the street width: Speed Hump Detail Formatted: Underline Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +Aligned at: 0.25" + Indent at: 0.5" Formatted: Underline Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +Aligned at: 0.25" + Indent at: 0.5" Formatted: Underline Formatted: List Paragraph, Bulleted + Level: 2 + Aligned at: 0.75" + Indent at: 1" Formatted: Underline Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Underline Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Underline Formatted: Underline Formatted: List Paragraph Formatted: Centered Formatted Table Formatted: Centered Formatted: Centered Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: 10 pt Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Indent: Left: 2", First line: 0.5" Formatted: Underline Formatted: Font: (Default) Times New Roman, 12 pt,Underline Formatted: List Paragraph Formatted: No underline Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 7 - Speed Cushion Detail REMOVAL PROCESS Formatted: No underline Formatted: Indent: Left: 2", First line: 0" Formatted: No underline Formatted: Underline Formatted: Font: (Default) Times New Roman, 12 pt,Underline Formatted: List Paragraph, Indent: Left: 2" Formatted: Indent: Left: 0.5" Formatted: Font: 10 pt, No underline Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 8 - After 63 months have passed following the installation of the speed humps or speed cushions, if the residents decide that they want the device(s) removed, they can request removal of the device(s) and signage. A similar petition is required, requiring a minimum of 51% owner approval to remove the device(s), with removal costs to be borne by the residents. The petition must be submitted to the Town Engineer within 6 months from the original installation completion date. NEIGHBORHOOD TRAFFIC MANAGEMENT PROCESS The following process will be used by the Town to address neighborhood traffic concerns: a. A resident alerts the Town to a problem area. b. The Town will provide information to the residents regarding the Neighborhood Traffic Management Process and Calming Program. Town Staff may immediately authorize a Level 1 or 2 measure in an attempt to solve the problem as appropriate and the process may therefore end at that point. c. The residents, in cooperation with staff, may schedule a neighborhood meeting to further identify the concerns and issues. A town engineer, as well as a uniformed police officer, will attend the meeting. d. At the neighborhood meeting, the Town representative will explain and discuss the Level 1 through 4 Neighborhood Traffic Management and Calming Program. e. The Town may prepare an existing condition traffic analysis. Level 1 or Level 2 Traffic calming options may be recommended by Town staff to the residents living on the streets at the neighborhood meeting. f. If the Level 1 or Level 2 options are not adequate after being in place for approximately 4 to 6 months, the Town may conduct additional studies to determine whether further Level 3 or 4 measures are appropriate. The will include consulting the Maricopa County Sheriff’s Office and Fire District to determine if the street is critical to emergency vehicle response and, therefore, not eligible for certain options. g. If area wide support is demonstrated through a Petition to Modify Traffic Flow, the Town will implement Level 3 or 4 measures using temporary materials at Town expense for a trial period of up to 180 days where feasible. This will also require support of residents in the immediate vicinity of the devices. At the end of the trial period, residents may select to have Level 3 or 4 devices removed or made permanent. h. If residents elect to have the Level 3 or 4 devices installed permanently, the Town will prepare design plans, and hire a contractor to install the measures permanently at the residents’ expense. This may involve the Improvement District Process. i. If the residents elect to have the Level 3 or 4 devices installed permanently, but later decide that the devices are not desirable and 51 percent of the residents sign a petition, the Town will remove the devices at the residents’ expense. j. If the residents are requesting speed humps and/or rumble strips in Level 3, the speed hump/rumble policy in Attachments 3 of the Neighborhood Traffic Management and Calming Program will be followed. k. Devices the Town deems to be appropriate and cost effective and meeting the following criteria will be paid for by the Town: Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 1 - Local Residential: 1. Traffic volumes in excess of 2,000 vehicles per day, or 2. 85th percentile speed in excess of 37mph, or 3. Cut through traffic exceeds 500 vehicles per day, or 4. Excessive or sever accident history. Minor Collector: to be individually determined. PETITION REQUIREMENTS The following procedures will be followed for submitting a petition to the Town for Level 3 or Level 4 measures. a. The Town Engineer will examine and recommend the technical feasibility and anticipated impacts of the proposed neighborhood traffic management and calming measures. This review will include items such as State law, the Circulation Element of the Town’s General Plan, the type of road or street involved, compliance with engineering regulations, existing traffic conditions, projected traffic conditions, the potential for traffic diversion to adjacent streets, impacts to emergency vehicle response times, the increased liability exposure for the Town, or conflicts with future planned improvements. b. The Town Engineer will determine the boundary of the “affected area” to be petitioned. The affected area will include but not be limited to those properties where normal travel routes to and from the “affected area” are to be altered by the neighborhood traffic management and calming measures, and/or properties which are significantly impacted by traffic that is to diverted. c. The petition requesting the neighborhood traffic management and calming measures must be supported by a minimum of 75 percent of the total number of Lots affected by the proposed changes in traffic flow, as determined by the Town Engineer. d. At a minimum, petitions submitted to the Town for review must include the following: • A statement that all persons signing the petition acknowledge it is the Town’s policy that they will be responsible for all costs directly associated with the construction of permanent neighborhood traffic management and calming measures in order to facilitate the funding of the ultimate improvements needed to implement the street closure or traffic flow modifications, except as noted in Paragraph K above. • The petition language must also clearly explain, and show on a plan, the location and the nature of the proposed traffic flow modifications. Town of Fountain Hills Neighborhood Traffic Management Process Rev. 2023208 Page - 2 - • The petition language and attached drawing must be reviewed and approved by the Town Engineer prior to circulation to ensure its accuracy and ability to be clearly understood. A sample petition has been provided as an attachment to this policy. PETITION REVIEW PROCESS The following process will be used to review all petitions associated with a Level 3 or 4 proposed neighborhood traffic management and calming measures. a. The Town Engineer will review any petition to verify compliance with all petition requirements set forth above. Any petition not complying with these requirements will not be accepted for consideration. The Town may request verification of the signatures. b. If the petition contains all the required information under this policy, the proposed neighborhood traffic management calming measures will be referred to all affected public agencies in conjunction with the review process. At a minimum, these agencies will include all Town Departments, Maricopa County Sheriff’s Office, Fire District, all affected local utility companies, School District, and any other agencies affected by the traffic flow modification. ATTACHMENT A NEIGHBORHOOD TRAFFIC MANAGEMENT PROCESS FLOWCHART Town of Fountain Hills Neighborhood Traffic Management Process Rev. 20232 Page - 1 - ATTACHMENT B NEIGHBORHOOD PETITION (Speed Hump[s] or Speed Cushion[s]Nature of Change) (Location) PETITION TO MODIFY THE TRAFFIC FLOW ON__________________STREET BETWEEN__________________ AND__________________ BY THE INSTALLATION OF___________________________ AT ____________________________ DATE _________________________ BEFORE YOU SIGN THIS PETITION, KNOW WHAT YOU ARE SIGNING! IT IS RECOMMENDED THAT YOU FIRST READ THE TOWN’S NEIGHBORHOOD TRAFFIC MANAGEMENT PROCESSAND CALMING POLICY. We, the undersigned Residents or Owners of the area shown on the attached map, petition the Town to install traffic calming ________________________ on ________________________ Street as shown on the attached drawing. ADD THIS SECTION IF APPROPRIATE: All persons signing this petition acknowledge it is the Town’s policy that they will be responsible for all costs directly associated with physical changes needed to install the traffic calming device(s). mplement neighborhood traffic management and calming measures in order to facilitate the funding of the ultimate improvements needed to accomplish traffic flow modifications. All persons signing this petition do hereby certify that they represent a Lot or Property within the area impacted by the proposed traffic flow changes as shown on the attached map. Contact person:_______________________________ Phone:_ (____) ______________________ Formatted: Top: 0.31", Bottom: 0.88", Width: 8.5",Height: 11" Formatted: Underline Town of Fountain Hills Neighborhood Traffic Management Process Rev. 20232 Page - 1 - SIGNATURE PRINT NAME PRINT STREET ADDRESS, ZIP PHONE # _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ _____________________________________________________________________________________________ _______________ Formatted: Font: 10 pt Town of Fountain Hills Neighborhood Traffic Management Process Rev. 20232 Page - 2 - _____________________________ _____________________________________________________________________________________________ Formatted: Font: 10 pt, Not Bold, No underline ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of Playspace Design Contract Amendment 2021-048.2 Staff Summary (Background) Playspace Designs is the general distributor for many of the popular features within the Fountain Hills park system. The existing contract has provided the authority to complete recent projects such as the Splash Pad reconstruction, Fountain Park playground renovation, and the installation of two new ramadas at Four Peaks Park. In addition, this contract allows for staff to proactively perform preventative maintenance, repairs, and standard upkeep. The current contract total has been exhausted and requires an increase via a contract amendment.  The Second Amendment will extend contract authority for ongoing care and preservation, as well as future projects, or repairs for unanticipated events such as vandalism or destruction of property.  Staff is recommending a Contract Amendment in the amount of $415,000. Related Ordinance, Policy or Guiding Principle Contract authority allows staff to meet goals noted within the Town Strategic Plan, specifically Signature Strategy: Maintaining and constructing parks at nationally recognized standards. All Procurement Policies have been followed and adhered to for the Contract Amendment.  Risk Analysis Contract authority allows for proactive maintenance and replacement, resulting in long-term savings as compared to ongoing repairs as well as avoiding the potential risk of liability. Recommendation(s) by Board(s) or Commission(s) Community Services Advisory Commission supports the maintenance and development of parks. Staff Recommendation(s) Staff recommends approval.    SUGGESTED MOTION MOVE to approve Playspace Design Contract Amendment 2021-048.2 and any associated budget adjustments.  Fiscal Impact Fiscal Impact:$415,000 Budget Reference:Parks & CIP Funding Source:100 & 600 If Multiple Funds utilized, list here:100 & 600 Budgeted: if No, attach Budget Adjustment Form: Attachments PlaySpace Designs Contract Amendment  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/21/2022 12:44 PM Finance Director David Pock 12/21/2022 03:39 PM Town Attorney Aaron D. Arnson 12/22/2022 09:49 AM Town Manager Grady E. Miller 12/22/2022 12:15 PM Form Started By: Patti Lopuszanski Started On: 11/30/2022 12:11 PM Final Approval Date: 12/22/2022  1 Contract No. 2021-048.2 SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PLAYSPACE DESIGNS, INC. THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “Second Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and PlaySpace Designs, Inc., a Utah corporation (the “Contractor”) in a Joint Venture with JP and Sons, Inc. and Shasta Industries, Inc. RECITALS A.After a competitive procurement process, the Mohave Educational Services Cooperative, Inc., a non-profit political subdivision providing procurement services pursuant to A.R.S. 11-592 and A.R.S. 41-2632, entered into Contract No. 19O-PSDJ-0221, dated February 21, 2020, (the “Mohave Contract”), with the Contractor for Playground, Splash Pad, Outdoor Fitness, and Related Equipment. All of the capitalized terms not otherwise defined in this Second Amendment have the same meanings as defined in the Contract. B.The Town and the Contractor entered into a Cooperative Purchasing Agreementdated May 18, 2021, and amended via Amendment No. 1, dated May 3, 2022, based upon the Mohave Contract (the “Agreement”), for the purchase of Playground, Splash Pad, Outdoor Fitness, and Related Equipment. (the “Materials and Services”). The terms of the Agreement are incorporated herein. C.The Town has determined that additional Materials and Services (the “AdditionalMaterials and Services”) are necessary. D.The Town and the Contractor desire to enter into this Second Amendment toincrease the compensation authorized by the Agreement for the Additional Materials and 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. Compensation. The Town shall pay the Contractor an aggregate amount not toexceed $1,680,000, an increase of $415,000. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed 2 amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 2. 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. 3. Non-Default. By executing this Second 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 Second 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 Second Amendment are forever waived. 4. 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. 5. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to Cooperative Purchasing Agreement 2022-080.1 with Roadsafe Traffic Systems, Inc, for temporary traffic control (barricades) Staff Summary (Background) The Town of Fountain Hills utilizes a wide range of contractors across all departments to augment Town staff as needed to perform services. For example, the Public Works Department utilizes contracts to provide temporary traffic control devices (barricades) to assist with Town maintenance projects. This contract amendment with Roadsafe Traffic Systems, Inc, in the amount of $50,000, is for the rental, delivery, installation and pick-up of work zone traffic control devices. The traffic control devices, commonly known as barricades, will be used for lane closures when needed, to provide safe work zones for motorist, pedestrians, and workers. The traffic control devices will be rented on an as-needed basis. The contract also includes an emergency response agreement, to have equipment available and resources necessary to control traffic in the event of a prolonged traffic signal outage, roadway flooding and support for the Maricopa County Sheriff’s Office and Fire Department when requested. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement. Risk Analysis Not approving the amendment will delay maintenance for open space and street medians.  Recommendation(s) by Board(s) or Commission(s) N/A  Staff Recommendation(s) Staff recommends approval of the proposed amendment to the cooperative purchasing agreement. SUGGESTED MOTION MOVE to approve the First Amendment to Cooperative Purchasing Agreement 2022-080.1 with Roadsafe Traffic Systems in the amount of $50,000.00. Fiscal Impact Fiscal Impact:$50,000 Budget Reference:Fund 200 Funding Source:Streets If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Cooperative Purchasing Agreement  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 12/20/2022 03:25 PM Finance Director David Pock 12/20/2022 03:53 PM Town Attorney Aaron D. Arnson 12/21/2022 08:20 AM Town Manager Grady E. Miller 12/21/2022 10:34 AM Form Started By: Justin Weldy Started On: 12/08/2022 05:25 AM Final Approval Date: 12/21/2022  1 Contract No. 2022-080.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROADSAFE TRAFFIC SYSTEMS, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into as of January 3, 2023, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Roadsafe Traffic System, Inc., a(n) Delaware corporation (the “Contractor”). RECITALS A. After a competitive procurement process, Maricopa County (“County”) entered into Contract No. 1801266-S, dated January 25, 2018, (the “County Contract”), with the Contractor for Temporary Traffic Control Services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated April 10, 2022, based upon the County Contract (the “Agreement”), for Temporary Traffic Control Services (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Materials and 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. Compensation. The Town shall pay the Contractor an aggregate amount not to exceed $100,000 (including all renewals). The aggregate amount shall not exceed $100,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 2 2. 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. 3. Non-Default. By executing this First 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 First 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 First Amendment are forever waived. 4. 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. 5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES DATE OF LAST REVISION: January 20, 2022 CONTRACT END DATE: January 31, 2023 CONTRACT PERIOD THROUGH January 31, 2020 2022 2023 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for TEMPORARY TRAFFIC CONTROL SERVICES Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 25, 2018 (Eff. 2/1/2018). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. LN/yy Attach Copy to: Office of Procurement Services Martie Harrell, MCDOT Suzie Williams, MCDOT (Please remove Serial 11087-S from your contract notebooks) SERIAL 180126-S ACTION BARRICADE LLC, 1802 N. 27TH AVE PHOENIX, AZ 85009 COMPANY NAME:Action Barricade LLC DOING BUSINESS AS (dba):Action Barricade MAILING ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009 REMIT TO ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009 TELPHONE NUMBER:602-288-6350 FAX NUMBER:602-288-6360 WWW ADDRESS:none REPRESENTATIVE NAME:Robert Brand REPRESENTATIVE TELEPHONE NUMBER:602-288-6350 REPRESENTATIVE EMAIL ADDRESS rbrand@actionbarricade.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS PRIMARY Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.65 $1,950.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.55 $2,200.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.15 $150.00 Type B High Intensity Flashing warning light 5000 day $0.25 $1,250.00 Type C Low Intensity Steady Burn warning light 10000 day $0.19 $1,900.00 Type D 360 Degree Steady Burn warning light 10 day $0.15 $1.50 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.20 $200.00 Type II Barricade 9000 day $0.20 $1,800.00 Type III Barricade 700 day $0.45 $315.00 Portable Sign Stand (spring stand)750 day $0.70 $525.00 Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00 Traffic Cone Reflectorized 28 Inches day $0.20 $0.20 Sand Bag 10000 day $0.05 $500.00 Flag 2000 day $0.15 $300.00 Arrow Boards 50 day $17.00 $850.00 SERIAL 180126-S ACTION BARRICADE LLC Item Est. Annual Rental Units Unit Price Total Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.10 $10.00 End Section(s) for above Barriers day $25.00 $25.00 Channelizing Drums day $0.30 $0.30 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $1.75 $175.00 Portable Variable Message Signs Three-Line 50 day $30.00 $1,500.00 Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $49.00 $98,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $49.00 $274,400.00 Truck Mounted Attenuator w/Driver 25 hr $49.00 $1,225.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $35.00 $203,700.00 Traffic Control Technician Does not include truck 2800 hr $35.00 $98,000.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.25 $23,625.00 2-Way Raised Pavement Marker Blue (installed)each $4.00 $4.00 1-way Chip seal marker with double clear protective cover 3000 each $1.75 $5,250.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $48.00 $48.00 Zone 2 1 day $99.00 $99.00 Zone 3 1 day $135.00 $135.00 SERIAL 180126-S ACTION BARRICADE LLC Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $80.00 $320.00 MCSO 4 hour $80.00 $320.00 Phoenix 4 hour $70.00 $280.00 Mesa 4 hour $70.00 $280.00 Glendale 4 hour $70.00 $280.00 Gilbert 4 hour $90.00 $360.00 Scottsdale 4 hour $75.00 $300.00 Tempe 4 hour $95.00 $380.00 Peoria 4 hour $70.00 $280.00 Goodyear 4 hour $75.00 $300.00 Wickenburg 4 hour $75.00 $300.00 Fountain Hills 4 hour $80.00 $320.00 Chandler 4 hour $90.00 $360.00 Buckeye 4 hour $80.00 $320.00 El Mirage 4 hour $75.00 $300.00 Surprise 4 hour $80.00 $320.00 Avondale 4 hour $75.00 $300.00 Gila River 4 hour $90.00 $360.00 AZ Parks 4 hour $90.00 $360.00 Small Town 4 hour $90.00 $360.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $120.00 $120.00 MCSO 1 hour $120.00 $120.00 Phoenix 1 hour $105.00 $105.00 Mesa 1 hour $105.00 $105.00 Glendale 1 hour $105.00 $105.00 Gilbert 1 hour $135.00 $135.00 Scottsdale 1 hour $115.00 $115.00 Tempe 1 hour $140.00 $140.00 Peoria 1 hour $105.00 $105.00 Goodyear 1 hour $110.00 $110.00 Wickenburg 1 hour $110.00 $110.00 Fountain Hills 1 hour $120.00 $120.00 Chandler 1 hour $135.00 $135.00 Buckeye 1 hour $120.00 $120.00 El Mirage 1 hour $115.00 $115.00 Surprise 1 hour $120.00 $120.00 Avondale 1 hour $110.00 $110.00 SERIAL 180126-S ACTION BARRICADE LLC Item Est. Annual Rental Units Unit Price Extended Gila River 1 hour $135.00 $135.00 AZ Parks 1 hour $135.00 $135.00 Small Town 1 hour $135.00 $135.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $20.00 $20.00 MCSO 1 hour $20.00 $20.00 Phoenix 1 hour $7.50 $7.50 Mesa 1 hour $7.50 $7.50 Glendale 1 hour $7.50 $7.50 Gilbert 1 hour $7.50 $7.50 Scottsdale 1 hour $7.50 $7.50 Tempe 1 hour $7.50 $7.50 Peoria 1 hour $7.50 $7.50 Goodyear 1 hour $7.50 $7.50 Wickenburg 1 hour $20.00 $20.00 Fountain Hills 1 hour $7.50 $7.50 Chandler 1 hour $7.50 $7.50 Buckeye 1 hour $7.50 $7.50 El Mirage 1 hour $7.50 $7.50 Surprise 1 hour $7.50 $7.50 Avondale 1 hour $7.50 $7.50 Gila River 1 hour $20.00 $20.00 AZ Parks 1 hour $20.00 $20.00 Small Town 1 hour $20.00 $20.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $1.00 $1.00 MCSO 1 mile $1.00 $1.00 Phoenix 1 mile $1.00 $1.00 Mesa 1 mile $1.00 $1.00 Glendale 1 mile $1.00 $1.00 Gilbert 1 mile $1.00 $1.00 Scottsdale 1 mile $1.00 $1.00 Tempe 1 mile $1.00 $1.00 Peoria 1 mile $1.00 $1.00 Goodyear 1 mile $1.00 $1.00 Wickenburg 1 mile $1.00 $1.00 SERIAL 180126-S ACTION BARRICADE LLC Fountain Hills 1 mile $1.00 $1.00 Chandler 1 mile $1.00 $1.00 Buckeye 1 mile $1.00 $1.00 Item Est. Annual Rental Units Unit Price Extended El Mirage 1 mile $1.00 $1.00 Surprise 1 mile $1.00 $1.00 Avondale 1 mile $1.00 $1.00 Gila River 1 mile $1.00 $1.00 AZ Parks 1 mile $1.00 $1.00 Small Town 1 mile $1.00 $1.00 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VC0000001722 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020. REMOVED FROM CONTRACT EFF. 01/31/20 SERIAL 180126-S BOB'S BARRICADES INC, 1645 S 39TH AVENUE, PHOENIX, AZ 85009 921 SHOTGUN RD, SUNRISE, FL 33326-1910 COMPANY NAME:Bob's Barricades Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:1645 South 39th Avenue, Phoenix, Arizona 85009 921 Shotgun Rd REMIT TO ADDRESS:921 Shotgun Rd LOCAL ADDRESS 1645 South 39th Avenue, Phoenix, Arizona 85009 TELPHONE NUMBER:954-423-2627 FAX NUMBER:954-473-8737 WWW ADDRESS:www.bobsbarricades.com REPRESENTATIVE NAME:Happy Alter REPRESENTATIVE TELEPHONE NUMBER:954-423-2627 REPRESENTATIVE EMAIL ADDRESS jelbert@bobsbarricadeds.com mdavidson@bobsbarricades.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS SECONDARY 1ST CALL Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.75 $2,250.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.45 $1,800.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.20 $200.00 Type B High Intensity Flashing warning light 5000 day $0.20 $1,000.00 Type C Low Intensity Steady Burn warning light 10000 day $0.20 $2,000.00 Type D 360 Degree Steady Burn warning light 10 day $0.20 $2.00 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.40 $400.00 Type II Barricade 9000 day $0.40 $3,600.00 Type III Barricade 700 day $0.40 $280.00 Portable Sign Stand (spring stand)750 day $0.50 $375.00 SERIAL 180126-S BOB'S BARRICADES INC Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00 Traffic Cone Reflectorized 28 Inches day $0.30 $0.30 Sand Bag 10000 day $0.50 $5,000.00 Flag 2000 day $0.10 $200.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.13 $13.00 End Section(s) for above Barriers day $25.00 $25.00 Channelizing Drums day $0.40 $0.40 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $5.50 $550.00 Portable Variable Message Signs Three-Line 50 day $25.00 $1,250.00 Temporary Traffic Barriers (Installation/Removal)foot $30.00 $30.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $45.00 $90,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $50.00 $280,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $39.00 $226,980.00 Traffic Control Technician Does not include truck 2800 hr $40.00 $112,000.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.50 $26,250.00 2-Way Raised Pavement Marker Blue (installed)each $3.50 $3.50 1-way Chip seal marker with double clear protective cover 3000 each $1.90 $5,700.00 SERIAL 180126-S BOB'S BARRICADES INC Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $50.00 $50.00 Zone 2 1 day $80.00 $80.00 Zone 3 1 day $125.00 $125.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $57.00 $228.00 MCSO 4 hour $62.50 $250.00 Phoenix 4 hour $52.50 $210.00 Mesa 4 hour $62.50 $250.00 Glendale 4 hour $62.50 $250.00 Gilbert 4 hour $73.00 $292.00 Scottsdale 4 hour $62.50 $250.00 Tempe 4 hour $77.00 $308.00 Peoria 4 hour $62.50 $250.00 Goodyear 4 hour $62.50 $250.00 Wickenburg 4 hour $50.00 $200.00 Fountain Hills 4 hour $62.50 $250.00 Chandler 4 hour $70.18 $280.72 Buckeye 4 hour $62.50 $250.00 El Mirage 4 hour $62.50 $250.00 Surprise 4 hour $62.50 $250.00 Avondale 4 hour $62.50 $250.00 Gila River 4 hour $62.50 $250.00 AZ Parks 4 hour $62.50 $250.00 Small Town 4 hour $62.50 $250.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $85.50 $85.50 MCSO 1 hour $93.75 $93.75 Phoenix 1 hour $93.75 $93.75 Mesa 1 hour $93.75 $93.75 Glendale 1 hour $93.75 $93.75 Gilbert 1 hour $109.50 $109.50 Scottsdale 1 hour $93.75 $93.75 Tempe 1 hour $115.50 $115.50 Peoria 1 hour $93.75 $93.75 Goodyear 1 hour $93.75 $93.75 Wickenburg 1 hour $75.00 $75.00 Fountain Hills 1 hour $93.75 $93.75 SERIAL 180126-S BOB'S BARRICADES INC Chandler 1 hour $93.75 $93.75 Buckeye 1 hour $93.75 $93.75 El Mirage 1 hour $93.75 $93.75 Surprise 1 hour $93.75 $93.75 Avondale 1 hour $93.75 $93.75 Item Est. Annual Rental Units Unit Price Extended Gila River 1 hour $93.75 $93.75 AZ Parks 1 hour $75.00 $75.00 Small Town 1 hour $75.00 $75.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $12.75 $12.75 MCSO 1 hour $9.00 $9.00 Phoenix 1 hour $9.00 $9.00 Mesa 1 hour $5.00 $5.00 Glendale 1 hour $9.00 $9.00 Gilbert 1 hour $9.00 $9.00 Scottsdale 1 hour $9.00 $9.00 Tempe 1 hour $9.00 $9.00 Peoria 1 hour $9.00 $9.00 Goodyear 1 hour $9.00 $9.00 Wickenburg 1 hour $5.00 $5.00 Fountain Hills 1 hour $9.00 $9.00 Chandler 1 hour $9.00 $9.00 Buckeye 1 hour $5.00 $5.00 El Mirage 1 hour $9.00 $9.00 Surprise 1 hour $9.00 $9.00 Avondale 1 hour $9.00 $9.00 Gila River 1 hour $9.00 $9.00 AZ Parks 1 hour $9.00 $9.00 Small Town 1 hour $9.00 $9.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.00 $0.00 MCSO 1 mile $0.33 $0.33 Phoenix 1 mile $0.33 $0.33 Mesa 1 mile $0.33 $0.33 Glendale 1 mile $0.33 $0.33 Gilbert 1 mile $0.33 $0.33 Scottsdale 1 mile $0.33 $0.33 Tempe 1 mile $0.33 $0.33 Peoria 1 mile $0.33 $0.33 SERIAL 180126-S BOB'S BARRICADES INC Goodyear 1 mile $0.33 $0.33 Wickenburg 1 mile $0.33 $0.33 Fountain Hills 1 mile $0.33 $0.33 Chandler 1 mile $0.33 $0.33 Buckeye 1 mile $0.00 $0.00 El Mirage 1 mile $0.33 $0.33 Surprise 1 mile $0.33 $0.33 Avondale 1 mile $0.33 $0.33 Gila River 1 mile $0.33 $0.33 AZ Parks 1 mile $0.33 $0.33 Small Town 1 mile $0.33 $0.33 PRICING SHEET: NIGP CODE 96884 Terms: NET 30 Vendor Number: VS0000002297 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC, 7326 N GLEN HARBOR BLVD., GLENDALE, AZ 85307 1645 SOUTH 39TH AVENUE, PHOENIX, ARIZONA 85009 COMPANY NAME:National Barricade Company LLC DOING BUSINESS AS (dba): MAILING ADDRESS:7326 N. Glen Harbor Blvd. REMIT TO ADDRESS:7326 N. Glen Harbor Blvd. TELPHONE NUMBER:623-879-4695 FAX NUMBER:623-879-4683 WWW ADDRESS: REPRESENTATIVE NAME:Charles Anderson REPRESENTATIVE TELEPHONE NUMBER:623-879-4695 REPRESENTATIVE EMAIL ADDRESS canderson@gonbc.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS TERTIARY 2ND CALL Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.70 $2,100.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.60 $2,400.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.50 $2,000.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.21 $210.00 Type B High Intensity Flashing warning light 5000 day $0.75 $3,750.00 Type C Low Intensity Steady Burn warning light 10000 day $0.30 $3,000.00 Type D 360 Degree Steady Burn warning light 10 day $1.25 $12.50 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.32 $320.00 Type II Barricade 9000 day $0.32 $2,880.00 Type III Barricade 700 day $0.65 $455.00 Portable Sign Stand (spring stand)750 day $1.25 $937.50 Traffic Cone Non-Reflectorized 28"5000 day $0.32 $1,600.00 Traffic Cone Reflectorized 28 Inches day $0.37 $0.37 Sand Bag 10000 day $0.40 $4,000.00 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Flag 2000 day $0.50 $1,000.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00 End Section(s) for above Barriers day $24.00 $24.00 Channelizing Drums day $1.50 $1.50 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $2.25 $225.00 Portable Variable Message Signs Three-Line 50 day $40.00 $2,000.00 Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $53.15 $106,300.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $53.15 $280,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00 Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.00 $21,000.00 2-Way Raised Pavement Marker Blue (installed)each $3.00 $3.00 1-way Chip seal marker with double clear protective cover 3000 each $2.00 $6,000.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $53.15 $53.15 Zone 2 1 day $106.30 $106.30 Zone 3 1 day $159.45 $159.45 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $77.50 $310.00 MCSO 4 hour $75.00 $300.00 Phoenix 4 hour $70.00 $280.00 Mesa 4 hour $70.00 $280.00 Glendale 4 hour $65.00 $260.00 Gilbert 4 hour $83.00 $332.00 Scottsdale 4 hour $77.50 $310.00 Tempe 4 hour $82.60 $330.40 Peoria 4 hour $75.00 $300.00 Goodyear 4 hour $70.00 $280.00 Wickenburg 4 hour $77.50 $310.00 Fountain Hills 4 hour $75.00 $300.00 Chandler 4 hour $86.18 $344.72 Buckeye 4 hour $70.00 $280.00 El Mirage 4 hour $70.00 $280.00 Surprise 4 hour $65.00 $260.00 Avondale 4 hour $75.00 $300.00 Gila River 4 hour $75.00 $300.00 AZ Parks 4 hour $65.00 $260.00 Small Town 4 hour $75.00 $300.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $111.25 $111.25 MCSO 1 hour $107.50 $107.50 Phoenix 1 hour $100.00 $100.00 Mesa 1 hour $100.00 $100.00 Glendale 1 hour $107.50 $107.50 Gilbert 1 hour $119.50 $119.50 Scottsdale 1 hour $111.25 $111.25 Tempe 1 hour $133.90 $133.90 Peoria 1 hour $107.50 $107.50 Goodyear 1 hour $100.00 $100.00 Wickenburg 1 hour $111.25 $111.25 Fountain Hills 1 hour $107.50 $107.50 Chandler 1 hour $124.27 $124.27 Buckeye 1 hour $100.00 $100.00 El Mirage 1 hour $100.00 $100.00 Surprise 1 hour $107.50 $107.50 Avondale 1 hour $107.50 $107.50 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Gila River 1 hour $107.50 $107.50 AZ Parks 1 hour $107.50 $107.50 Small Town 1 hour $107.50 $107.50 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $13.75 $13.75 MCSO 1 hour $13.75 $13.75 Phoenix 1 hour $13.75 $13.75 Mesa 1 hour $13.75 $13.75 Glendale 1 hour $13.75 $13.75 Gilbert 1 hour $13.75 $13.75 Scottsdale 1 hour $13.75 $13.75 Tempe 1 hour $13.75 $13.75 Peoria 1 hour $13.75 $13.75 Goodyear 1 hour $13.75 $13.75 Wickenburg 1 hour $13.75 $13.75 Fountain Hills 1 hour $13.75 $13.75 Chandler 1 hour $13.75 $13.75 Buckeye 1 hour $13.75 $13.75 El Mirage 1 hour $13.75 $13.75 Surprise 1 hour $13.75 $13.75 Avondale 1 hour $13.75 $13.75 Gila River 1 hour $13.75 $13.75 AZ Parks 1 hour $13.75 $13.75 Small Town 1 hour $13.75 $13.75 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.00 $0.00 MCSO 1 mile $0.00 $0.00 Phoenix 1 mile $0.00 $0.00 Mesa 1 mile $0.00 $0.00 Glendale 1 mile $0.00 $0.00 Gilbert 1 mile $0.00 $0.00 Scottsdale 1 mile $0.00 $0.00 Tempe 1 mile $0.00 $0.00 Peoria 1 mile $0.00 $0.00 Goodyear 1 mile $0.00 $0.00 Wickenburg 1 mile $0.00 $0.00 Fountain Hills 1 mile $0.00 $0.00 Chandler 1 mile $0.00 $0.00 Buckeye 1 mile $0.00 $0.00 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC El Mirage 1 mile $0.00 $0.00 Surprise 1 mile $0.00 $0.00 Avondale 1 mile $0.00 $0.00 Gila River 1 mile $0.00 $0.00 AZ Parks 1 mile $0.00 $0.00 Small Town 1 mile $0.00 $0.00 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VS0000002303 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., 3015 E. ILLINI ST, PHOENIX, AZ 85040 COMPANY NAME:RoadSafe Traffic Systems, Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:3015 East Illini St REMIT TO ADDRESS:Phoenix, AZ 85040 TELPHONE NUMBER:602-243-1218 FAX NUMBER:602-243-3470 WWW ADDRESS:www.roadsafetraffic.com REPRESENTATIVE NAME:Jeff Meirick REPRESENTATIVE TELEPHONE NUMBER:480-352-3710 REPRESENTATIVE EMAIL ADDRESS jmeirick@roadsafetraffic.com bhengen@roadsafetraffic.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS QUATERNARY TERTIARY Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $1.75 $5,250.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $1.00 $4,000.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.75 $3,000.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.25 $250.00 Type B High Intensity Flashing warning light 5000 day $1.00 $5,000.00 Type C Low Intensity Steady Burn warning light 10000 day $0.25 $2,500.00 Type D 360 Degree Steady Burn warning light 10 day $3.50 $35.00 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.50 $500.00 Type II Barricade 9000 day $0.50 $4,500.00 Type III Barricade 700 day $1.00 $700.00 Portable Sign Stand (spring stand)750 day $1.50 $1,125.00 Traffic Cone Non-Reflectorized 28"5000 day $0.50 $2,500.00 Traffic Cone Reflectorized 28 Inches day $0.50 $0.50 Sand Bag 10000 day $0.50 $5,000.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Flag 2000 day $1.00 $2,000.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00 End Section(s) for above Barriers day $285.00 $285.00 Channelizing Drums day $2.00 $2.00 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $2.50 $250.00 Portable Variable Message Signs Three-Line 50 day $55.00 $2,750.00 Temporary Traffic Barriers (Installation/Removal)foot $12.00 $12.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $50.00 $100,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $55.00 $308,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00 Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.00 $21,000.00 2-Way Raised Pavement Marker Blue (installed)each $2.50 $2.50 1-way Chip seal marker with double clear protective cover 3000 each $2.00 $6,000.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $75.00 $75.00 Zone 2 1 day $125.00 $125.00 Zone 3 1 day $150.00 $150.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $66.00 $264.00 MCSO 4 hour $72.00 $288.00 Phoenix 4 hour $62.00 $248.00 Mesa 4 hour $73.00 $292.00 Glendale 4 hour $62.00 $248.00 Gilbert 4 hour $85.00 $340.00 Scottsdale 4 hour $70.00 $280.00 Tempe 4 hour $92.00 $368.00 Peoria 4 hour $62.00 $248.00 Goodyear 4 hour $67.00 $268.00 Wickenburg 4 hour $62.00 $248.00 Fountain Hills 4 hour $73.00 $292.00 Chandler 4 hour $88.00 $352.00 Buckeye 4 hour $62.00 $248.00 El Mirage 4 hour $62.00 $248.00 Surprise 4 hour $76.00 $304.00 Avondale 4 hour $62.00 $248.00 Gila River 4 hour $62.00 $248.00 AZ Parks 4 hour $62.00 $248.00 Small Town 4 hour $62.00 $248.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $99.00 $99.00 MCSO 1 hour $123.00 $123.00 Phoenix 1 hour $93.00 $93.00 Mesa 1 hour $109.50 $109.50 Glendale 1 hour $93.00 $93.00 Gilbert 1 hour $127.50 $127.50 Scottsdale 1 hour $105.00 $105.00 Tempe 1 hour $138.00 $138.00 Peoria 1 hour $93.00 $93.00 Goodyear 1 hour $100.50 $100.50 Wickenburg 1 hour $93.00 $93.00 Fountain Hills 1 hour $109.50 $109.50 Chandler 1 hour $133.50 $133.50 Buckeye 1 hour $93.00 $93.00 El Mirage 1 hour $93.00 $93.00 Surprise 1 hour $114.00 $114.00 Avondale 1 hour $93.00 $93.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Gila River 1 hour $93.00 $93.00 AZ Parks 1 hour $93.00 $93.00 Small Town 1 hour $93.00 $93.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $15.00 $15.00 MCSO 1 hour $8.00 $8.00 Phoenix 1 hour $8.00 $8.00 Mesa 1 hour $8.00 $8.00 Glendale 1 hour $8.00 $8.00 Gilbert 1 hour $8.00 $8.00 Scottsdale 1 hour $8.00 $8.00 Tempe 1 hour $8.00 $8.00 Peoria 1 hour $8.00 $8.00 Goodyear 1 hour $8.00 $8.00 Wickenburg 1 hour $8.00 $8.00 Fountain Hills 1 hour $8.00 $8.00 Chandler 1 hour $8.00 $8.00 Buckeye 1 hour $8.00 $8.00 El Mirage 1 hour $8.00 $8.00 Surprise 1 hour $8.00 $8.00 Avondale 1 hour $8.00 $8.00 Gila River 1 hour $8.00 $8.00 AZ Parks 1 hour $8.00 $8.00 Small Town 1 hour $8.00 $8.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.50 $0.50 MCSO 1 mile $0.50 $0.50 Phoenix 1 mile $0.50 $0.50 Mesa 1 mile $0.50 $0.50 Glendale 1 mile $0.50 $0.50 Gilbert 1 mile $0.50 $0.50 Scottsdale 1 mile $0.50 $0.50 Tempe 1 mile $0.50 $0.50 Peoria 1 mile $0.50 $0.50 Goodyear 1 mile $0.50 $0.50 Wickenburg 1 mile $0.50 $0.50 Fountain Hills 1 mile $0.50 $0.50 Chandler 1 mile $0.50 $0.50 Buckeye 1 mile $0.50 $0.50 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., El Mirage 1 mile $0.50 $0.50 Surprise 1 mile $0.50 $0.50 Avondale 1 mile $0.50 $0.50 Gila River 1 mile $0.50 $0.50 AZ Parks 1 mile $0.50 $0.50 Small Town 1 mile $0.50 $0.50 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VC0000002511 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES 1.0 INTENT: The intent of this solicitation is to establish a contract for Temporary Traffic Control Services. This pricing agreement is for providing personnel and equipment for on-call barricade service in support of the Maricopa County Department of Transportation (MCDOT) projects. This service is to be authorized by Purchase Order only. Certain related products shall be purchased on this contract Maricopa County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 3.7 and 3.8, below). The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 2.0 SPECIFICATIONS: 2.1 DESCRIPTION: The service shall consist of providing temporary traffic control services in support of County maintenance and repair operations using Contractor furnished equipment and labor on an as needed basis. The Contractor shall furnish all labor, materials, services, insurance and equipment necessary for the delivery, placement, maintenance, removal of temporary traffic control equipment, as well as labor for temporary traffic control purposes as set forth in these specifications. 2.2 TRAFFIC CONTROL MATERIAL AND LABOR: 2.2.1 The specific layout and setup of traffic control shall be governed by these specifications; Manual on Uniform Traffic Control Devices (MUTCD) (see item 2.5), and/or MCDOT pre-approved traffic control plans. The Contractor shall be provided with a list of personnel authorized to order services. The Contractor shall be furnished written documentation of specific projects, and expected dates of operation and shall respond within seven (7) calendar days to indicate their willingness to accept the project. Contractor shall be responsible to prepare specific traffic plans, which shall be approved in advance by MCDOT. If the Primary Contractor is unwilling or unable to accept the specific project, the project shall be awarded to the Secondary Contractor. Changes in traffic control plans or procedures may be authorized if substitute method of operation and set up supporting work is accepted by MCDOT. The County may utilize typical traffic control plans during the term of this contract and such plans will be provided to the Contractor. 2.2.1.1 MOBILIZATION & DEMOBILIZATION (TRAVEL TIME) There are three (3) zones for mobilization & demobilization, this is driving time to and from job sites throughout Maricopa County. The charge will be one (1) time per day to include both mobilization and demobilization. See Attachment A, Pricing Page, item 1.8 for the three (3) zones. 2.2.2 The Contractor’s Foreman shall be an ATSSA Certified Traffic Control Technician. A list of certified personnel shall be provided to the MCDOT Engineer prior to the beginning of any project. (The Contractor shall only utilize personnel who are certified flaggers.) Flaggers shall be certified by IMSA, ATSSA, LTAP or other approved sources. SERIAL 180126-S 2.2.3 Existing signs conflicting with construction signing shall be covered. Centerline vertical panels with appropriate "Keep Right" signing shall be installed if required by MCDOT. Two sand bags shall be required on all portable signs and vertical panels, if more are required due to weather conditions, they will be provided at no charge to the County. 2.2.4 The County may provide one (1) operational portable communications radio for the Contractor’s Foreman use. Contractor shall replace radio if lost or damaged by Contractor. 2.2.5 The Contractor shall pick up and remove signs, barricades, channels and other devices within twenty four (24) hours of notification and all covered signs shall be restored. 2.2.6 The contractor shall maintain a log of all requests for service. The log shall include name of requestor, date, time, and the required action to include: 2.2.6.1 Initial requests for signing. 2.2.6.2 Any additions or changes in signing. 2.2.6.3 The road segment being signed and traffic control requested. 2.2.7 The Contractor shall inspect and maintain all contractor installed portable traffic control devices at least once during each twenty-four (24) hour period. More frequent intervals of inspection and maintenance shall be made during periods of high winds or in areas where there is a continuing problem in maintaining the signs. Reports of all inspections with deficiencies shall be required and reported daily to the MCDOT. 2.2.8 The Contractor shall provide qualified supervision of all crews during the performance of the service. Supervisors and flaggers/laborers must be able to converse in the English language, and shall be authorized by the Contractor to receive and carry out directives issued by the MCDOT. 2.2.9 Portable Variable Message Signs; the message display shall utilize Light Emitting Diodes (LED’s), Flip-Disk, Flip-Disk/Hybrid or LED/Shuttered pixel for all matrix types (character, line and full). 2.2.10 All signs shall be NCFRP compliant, meet the requirements of the MCDOT Supplement to MAG, and the MCDOT Sign/Barricade Manual(s). 2.2.11 PILOT CAR WITH DRIVER Shall be ½ to one-ton truck with high-intensity rotating, flashing, oscillating, or strobe light and conspicuous location on the rear of vehicle to mount PILOT CAR FOLLOW ME (G20-4). 2.2.12 BARRICADE TRUCK WITH DRIVER Shall be a one (1) ton to one-and-one-half (1-1/2) ton truck capable of transporting all signs, delineators, cones, channels, flagging supplies, double-faced flexible road markers with a double clear protector tab, portable radios and other signing supplies required for the day's activity. The truck shall be equipped with high-intensity rotating, flashing, oscillating, or strobe light and variable message board. If the Contractor is unable to provide delivery and layout within the specified time, immediate notification will be made to the MCDOT Engineer. 2.2.13 TRUCK MOUNTED ATTENUATORS Truck-mounted attenuators shall be energy-absorbing devices attached to the rear of trucks and shall be used in accordance MUTCD Section 6F.82, or the latest revision of. SERIAL 180126-S 2.2.14 UNIFORMED OFF-DUTY OFFICER(S): The Contractor shall provide when requested by MCDOT State of Arizona Sworn uniformed off-duty officer(s) for temporary traffic control presence. Fully equipped vehicle may be required when requested by MCDOT. 2.3 CHIP SEAL MARKERS: 2.3.1 Chip Seal Marker, covered, 2-way yellow, Davidson TPRM-Y2 or equal. 2.3.2 Chip Seal Marker, covered, 1-way white, Davidson TPRM-W1or equal. 2.4 INSTALLATION CONFLICTS: In the event that MCDOT Highway Operations Engineer or his designee and the Contractor cannot agree on the proper traffic control or barricade installation, the judgment of the MCDOT Engineer or his designee shall prevail. The Contractor may request arbitration by the MCDOT Engineer. The Contractor shall comply with the decisions made by the MCDOT Engineer as a result of such arbitration. 2.5 REPORTS: Daily work sheets and a daily detailed listing of all the roads under signing shall be provided to the MCDOT Engineer. The report shall include the date signing was set up, the number and type of devices used for each mile, the date and time inspections were conducted (including the name of the traffic control tech and MCDOT inspector), the date and time signing was removed (or the work that is continuing). The Contractor and the MCDOT engineer shall sign the report daily. 2.6 STANDARDS: All equipment, signs, barricades and lighting devices shall be NCHRP-350 compliant, to the most current Federal Highway Administration MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES for streets and highways and all other polices or regulations on traffic control adopted by MCDOT. 2.7 COUNTY SIGNING: The County reserves the right to provide, install or set up construction signing and barricading as deemed necessary with County forces or by the Secondary Contractor if adequate materials and personnel cannot be supplied by the Contractor. 2.8 DAMAGED, STOLEN OR LOST SIGNING: All lost, stolen or damaged devices shall be immediately replaced by the Contractor or removed from the rental equipment listing upon notification by a MCDOT representative. MCDOT will make rental payments only for equipment that is physically used on projects and in acceptable working order verified by the MCDOT. Contractor shall not be reimbursed by MCDOT for the replacement value of lost or stolen equipment. 2.9 DISPATCH CENTER: The Contractor shall provide and maintain a manned twenty-four (24) hour dispatch center with an operational radio net and telephone to provide emergency service. The dispatch center must have at its disposal a sufficient number of trucks, men and equipment to respond to requests and initiate mobilization for service within two (2) hours, including nights, weekends and holidays. During active road maintenance operations, the men and equipment shall respond and mobilize within one (1) hour for the daily scheduled service. SERIAL 180126-S 2.10 SAFETY REQUIREMENTS: The Contractor shall adhere to all applicable OSHA, industry and local government safety procedures, rules and regulations. The Contractor shall train its personnel in appropriate safety standards relating to the performance of services described in these Technical Specifications. 2.11 INSPECTIONS: The County reserves the right to inspect each bidder’s equipment and review their application procedures prior to contract award. 2.12 QUALIFICATION OF BIDDERS: CONTRACTOR shall have minimum of five (5) years of experience. Only firms experienced in the processes of road construction/maintenance traffic control and barricading renting will be considered for contract award. 2.13 LICENSES AND PERMITS: The CONTRACTOR shall, at its expense, procure all necessary licenses and permits relating to Contractors operation in connection with the services described in these Technical Specifications. 2.14 PROTECTION OF PUBLIC AND PRIVATE PROPERTY: The contractor shall exercise prudent caution to protect pedestrian and vehicular traffic. Contractor shall further avoid causing damage to public and private property. If in the opinion of the MCDOT representative, the Contractor engages in a hazardous practice, Contractor shall cease such activity immediately after verbal or written notification by the MCDOT representative. 2.15 BILLING: The billing for services shall follow the daily report format and include a listing by road segments specified by the MCDOT Engineer W.O. number. Included with this will be the date and time, whether it was installation or removal, what type of activity (i.e. flagging, signing, inspection, etc.), what type of activity that the work is supporting (i.e. Chip Seal, Sweeping or Flushing), truck numbers of vehicles physically on the work site and the employee identification numbers for those employees physically on the work site. Signed daily work sheets shall be used to verify billing. 2.16 DELIVERY: It shall be the Contractor’s responsibility to meet the County’s delivery requirements, as called for in the Technical Specifications. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor. 3.0 PURCHASING REQUIREMENTS: 3.1 USAGE REPORT: The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. 3.2 INVOICES AND PAYMENTS: 3.2.1 The Contractor shall submit one (1) legible copies of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: SERIAL 180126-S • Company name, address and contact • County bill-to name and contact information • Contract Serial Number or • County purchase order number • Invoice number and date • Payment terms • Date of service or delivery • Quantity (number of days or weeks) • Contract Item number(s) • Description of Purchase (product or services) • Pricing per unit of purchase • Freight (if applicable) • Extended price • Mileage w/rate (if applicable) • Arrival and completion time (if applicable) • Total Amount Due 3.2.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 3.2.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site http://www.maricopa.gov/Finance/Vendors.aspx. 3.2.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 3.2.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.3 APPLICABLE TAXES: 3.3.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 3.3.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.3.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or State and local laws and regulations, and any other costs including; transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker’s Compensation. 3.4 TAX (SERVICES): No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price. SERIAL 180126-S 3.5 PERFORMANCE: It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform and any price differential will be charged against the Contractor. 3.6 POST AWARD MEETING: The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract. 3.7 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please state so in your bid. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this bid. 3.8 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s): County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract. 3.9 VOLUNTARY EMPLOYEE DISCOUNTS: 3.9.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation. 3.9.2 Any discount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee is a matter between the vendor and the employee. If a discount is offered, the terms will be announced to County employees. 4.0 CONTRACTUAL TERMS & CONDITIONS: 4.1 CONTRACT TERM: This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of two (2) years. 4.2 OPTION TO RENEW: The County may, at its option and with the concurrence of the Contractor, renew the term of this Contract up to a maximum of three (3) additional years, (or at the County’s sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least sixty (60) calendar days prior to the expiration of the original contract term. SERIAL 180126-S 4.3 CONTRACT COMPLETION: The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.4 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the Contract. The new change shall not be in effect until the date stipulated on the Contract. 4.5 FUEL COST PRICE ADJUSTMENT: 4.5.1 This provision provides for limited increased or decreased costs of motor fuels (fuels) used to perform services under this Contract. This provision does not apply to burner fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only. Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment will result in an increase in payments to Contractor while a negative fuel cost adjustment will result in a decrease in payments to Contractor. 4.5.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost fluctuations that may occur during the term of this Contract. This provision is not designed to estimate actual quantities of fuel used in providing services under this Contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on average conditions. 4.5.3 Application of this provision will come into effect upon Contractor submittal of a fuel cost adjustment request. A request may be submitted only when the increased cost of fuel, established as a percentage of total contract price (base fuel cost) upon award of this Contract, exceeds ten (10%) percent of the base fuel cost. The Contractor may request a fuel surcharge no more than four (4) times annually, during the month(s) of March, June, September and December. The request must be submitted no later than the tenth (10th) of the month. Any surcharge shall be effective the first of the following month after receipt and approval. The date of County approval of a fuel cost adjustment request shall become the base date for any future Contractor adjustment requests. 4.5.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel represents (e.g., fuel cost equals 10% of Contractor cost) (see also, Attachment A, Vendor Information). This percentage will represent and establish the base fuel cost for this Contract. The base fuel cost shall be established as the due date for submission of bids for this Contract. All subsequent fuel cost adjustments shall be based upon the date the County approves a Contractor’s request for fuel cost adjustment (e.g. fuel cost adjustment approved by County on January 1, 2006, January 1, 2006 becomes base date for any next Contractor request for adjustment). 4.5.5 Fuel Cost Application Requirement. The Contractor must provide documentation including type of motor fuel and fuel invoices with price of the fuel used in providing services under this Contract, from the month bids were due and the month of the cost adjustment request, with any fuel cost adjustment application. The fuel cost adjustment application must be completed with all applicable data, and signed by the Contractor. SERIAL 180126-S Any cost adjustment will be calculated by the County by using the bureau of Labor Statistics, Producer Price Index for Gasoline – WPU0571 and #2 Diesel Fuel – WPO57303 (http://data.bls.gov/cgi-bin/surveymost?wp). 4.5.6 The fuel surcharge shall be based on the current quarterly index of the West Coast (PADD5) Diesel (On-Highway)-All Types or Reformulated Areas Gasoline compared to the previous quarterly index period as reported on the Energy Information Administration (EIA) website: http://www.eia.doe.gov/ 4.5.7 The computation of the fuel surcharge amount shall be determined as follows: 4.5.7.1 The fuel cost component from Attachment A (vendor information) of the Contract with Maricopa County, multiplied by the percent of change indicated by the EIA report from the previous index period. 4.5.7.2 Upon agreement by the County to the surcharge, the County shall issue written approval of the change prior to any adjusted invoicing submitted for payment. 4.5.7.3 The surcharge shall be added as a separate line item to the invoice. 4.6 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of County. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 4.7 INSURANCE: 4.7.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or SERIAL 180126-S companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 4.7.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 4.7.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 4.7.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 4.7.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 4.7.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 4.7.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service. 4.7.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 4.7.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract. 4.7.10 Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. SERIAL 180126-S Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 4.7.11 Certificates of Insurance: 4.7.11.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 4.7.11.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 4.7.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 4.7.12 Cancellation and Expiration Notice: Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to the Procurement Officer noted in the solicitation. 4.8 ORDERING AUTHORITY: 4.8.1 Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 4.9 REQUIREMENTS CONTRACT: 4.9.1 This Contract does not guarantee any minimum or maximum purchases will be made. If purchases are made for the materials or requirement contained in the Contract, they will be purchased from the Contractor awarded that line item. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 4.9.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 4.10 PURCHASE ORDERS: County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for SERIAL 180126-S actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 4.11 SUSPENSION OF WORK: The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 4.12 STOP WORK ORDER: The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either: 4.12.1 Cancel the stop-work order; or 4.12.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this Contract. 4.12.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or Contract price, or otherwise, and the Contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 4.13 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 4.14 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 4.14.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 4.14.2 Make progress, so as to endanger performance of this contract; or 4.14.3 Perform any of the other provisions of this contract. The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. SERIAL 180126-S 4.15 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the Contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County from any other party to the Contract arising as the result of the Contract. 4.16 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 4.17 SUBCONTRACTING: 4.17.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 4.17.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 4.18 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 4.19 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the Contract price. If additional services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 4.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 4.20.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 4.20.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. SERIAL 180126-S 4.21 AUDIT DISALLOWANCES: If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 4.22 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. 4.23 SEVERABILITY: The removal, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 4.24 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 4.25 RELATIONSHIPS: 4.25.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 4.25.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 4.26 NON-DISCRIMINATION: CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 4.27 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 4.27.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, it’s current officers and directors; SERIAL 180126-S 4.27.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction; 4.27.1.2 have not within 3-year period preceding this Contract: 4.27.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and 4.27.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 4.27.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a 3-year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default. 4.27.1.2.4 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 4.27.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. If this clause is applicable to a subcontractor, the Contractor shall include the information required by this clause with their bid. 4.28 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 4.28.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 4.28.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 4.28.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors SERIAL 180126-S are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 4.29 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS: 4.29.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 4.29.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request. 4.29.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). 4.30 CONTRACTOR LICENSE REQUIREMENT: The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.30.1 Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. Contractor shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.30.2 Contractors furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. Contractor is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. SERIAL 180126-S 4.31 INFLUENCE: As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: 4.31.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, 4.31.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 4.32 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the Contract. 4.33 CONFIDENTIALITY INFORMATION: In the course of the solicitation process, the County may disclose information that is proprietary or confidential. By submitting a proposal to the solicitation, the offeror agrees that, except as necessary to prepare a response to this solicitation, neither it nor its agents or employees will communicate, divulge or disseminate to any third-party-persons or entities, any information that is disclosed to it by the County during the course of these discussions without the express written authorization of the County. If the offeror does disclose County proprietary or confidential information to a third party in preparing a response to this solicitation, it shall require the third party to acknowledge and comply with this provision. Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so. Any requests to the Contractor for County proprietary or confidential information s shall be referred to the County for review and approval, prior to any dissemination. 4.34 PUBLIC RECORDS: Under Arizona law, all bids submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Bids or sections thereof SERIAL 180126-S determined to contain proprietary or confidential information by the Office of Procurement Services. If a Bidder believes that information in its bid or any resulting Contract should not be released in response to a public record request under Arizona law, the bidder shall indicate the specific information deemed confidential or proprietary and submit a statement with its bid detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 4.35 UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 4.36 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona. 4.37 FORCE MAJEURE: 4.37.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 4.37.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 4.37.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. SERIAL 180126-S 4.38 STRICT COMPLIANCE: Acceptance by County of a performance that is not in strict compliance with the terms of the Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the Contract. 4.39 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. Unless and until the District Court's injunction in Jordahl is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35-393.01 (A)) is unenforceable and the County will take no action to enforce it. 4.40 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 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):  CONSIDERATION, AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit  to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. Staff Summary (Background) Per Section 2.02 G of the Zoning Ordinance: "An application for a building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be submitted within six (6) months from the date of approval and secured within one (1) year. Prior to the termination of an approved special use permit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated." The subject Special Use Permit was approved on December 7, 2021. A six-month extension to the SUP was granted on June 21, 2022, following receipt of the applicant's written request to Town Council. On November 22, 2022, the applicant provided a written request for another 6-month extension to the Special Use Permit, 15 days shy of the expiration date. This agenda item is to review the request from the applicant for a second 6-month extension from the date of expiration. If approved, the permit will be valid until June 7, 2023. The 1.62-acre subject property, located north of the northeast corner of Saguaro and Shea Blvd., is vacant and zoned C-1 (Neighborhood Commercial and Professional). This zoning is established to provide a location for modest, well-designed commercial enterprises to serve the surrounding neighborhood, such as medical offices, banks, food establishments and retail. The subject property is part of the Redrock Business Center, which was originally platted in 1972 and re-platted in its current configuration in 1997. Currently, among other things, the center houses indoor car showroom, a fraternal order, a butcher shop and a wellness center. The Monterro condominium neighborhood is adjacent to the north, and the former MCO realty office is to the south. The applicant is proposing a small development with 5 townhome-style buildings consisting of a total of 17, three-story residential units. The bottom floors of each unit will contain a two-car garage, while the second floor contains the majority of the living area and balcony. The purpose for the special use permit request is to allow a residential use in a commercial district, as required by the zoning ordinance. The alternative would be to rezone the property to an appropriate multiple-family zoning district.  The applicant has chosen the Special Use Permit option due to this lot being part of the larger business center. The biggest concern with the review and consideration of the SUP was the potential for traffic impacts on Saguaro.  The Council approval included a requirement for submission of a traffic impact summary with the site plan. With their first site plan submittal in August 2022, the applicant provided, and the Town Engineer approved, a traffic impact statement concluding that the project would not have a significant impact on the existing roadway network. Staff is currently awaiting a revised submittal based on other comments provided to the applicant in September 2022. A copy of the previous staff report is attached for further detail on the project and analysis.  The main purpose for establishing the time limit on SUP's is to limit speculative use of this tool.  Staff fully believes the applicant intends to develop the property as soon as possible; market demands have impacted the availability of engineers to perform the traffic study needed to move this project forward.  Further, there have been no significant changes to the area that would warrant a change to the previous Council action. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3 Zoning Districts General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis If the request for an extension is approved, the applicant is granted an additional six months from the original approved expiration date to submit a building permit to make the necessary improvements to the building as presented. If the request for an extension is denied, the applicant will not be able to make the necessary improvements as presented. Additionally, Chapter 2 of the Zoning Ordinance states, "No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said use permit." Recommendation(s) by Board(s) or Commission(s) At the regular meeting on November 8, 2021, the Planning and Zoning Commission expressed concern about the proposed driveway access at Saguaro Blvd., particularly with regard to left turns onto Saguaro, and questioned if there was a traffic study performed with the SUP request. Staff stated that there is no traffic study currently available, but may be required with the site plan submittal, should the Commission move to recommend approval. Subsequently, the Commission moved to recommend approval of the SUP request with a 7-0 vote, with the added stipulation that a traffic impact statement be included for review by the Town Engineer, who would be expected to determine if any traffic control measures are needed to accommodate safe access to and from the development. The Planning and Zoning Commission is not involved in the extension of a SUP. At the December 7, 2021, Town Council meeting, Council voted (5-2) to approve the Special Use Permit as presented, with the following stipulations:  Applicant shall provide a traffic impact statement (TIS) with the site plan submittal. The TIS shall be prepared by a registered professional engineer, and shall demonstrate safe ingress and egress at the site and any if mitigation measures shall be taken to ensure traffic safety. 1. The site plan shall incorporate any recommendations for traffic mitigation as determined by the Town Engineer based on the review and approval of the TIS 2. At the June 21, 2022, meeting Town Council Meeting, Council voted (3-1) to approve the the request for a 6-month extension to the Special Use Permit, following the item's removal from the consent agenda. Staff Recommendation(s) There have been no significant changes to the area that impact the previous approval.  Therefore, staff supports extension of this Special Use Permit subject to the same conditions as the initial approval. SUGGESTED MOTION MOVE to approve a six-month extension to the Special Use Permit to allow residential uses at 9637 N. Saguaro Blvd for a maximum of 17 dwelling units, subject to the stipulations approved by Council on December 7, 2021. Attachments Vicinity map  Extension request  12_7_21 Staff Report  Site Plan and Elevations  Narrative  Traffic Statement  Form Review Inbox Reviewed By Date Development Services Director John Wesley 12/19/2022 09:18 AM Finance Director David Pock 12/20/2022 08:54 AM Town Attorney Aaron D. Arnson 12/20/2022 11:22 AM Town Manager Grady E. Miller 12/20/2022 01:27 PM Form Started By: Farhad Tavassoli Started On: 12/19/2022 06:47 AM Final Approval Date: 12/20/2022  Vicinity CASE: SU2021-05 SITE / ADDRESS: 9637 N Saguaro Blvd APN#176-10-805 REQUEST: A Special Use Permit to allow a development of a residential community. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E S H E A B L V D SAG U A R O B L V D Site Location Vicinity MapMap ::SU2021-05SU2021-05 CaseCase DetailsDetails ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work Session 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 Combined Regular Meeting/Work Session (Agenda Language):   PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: SPECIAL USE PERMIT to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. Staff Summary (Background) The 1.62-acre subject property, located north of the northeast corner of Saguaro and Shea Blvd., is vacant and zoned C-1 (Neighborhood Commercial and Professional). This zoning is established to provide a location for modest, well-designed commercial enterprises to serve the surrounding neighborhood, such as medical offices, banks, food establishments and retail. The subject property is part of the Redrock Business Center, which was originally platted in 1972 and re-platted in its current configuration in 1997. Currently, among other things, the center houses indoor car showroom, a fraternal order, a butcher shop and a wellness center.  The Monterro condominium neighborhood is adjacent to the north, and the former MCO realty office is to the south. The applicant is proposing a small development with 5 townhome-style buildings consisting of a total of 17, three-story residential units. The bottom floors of each unit will contain a two-car garage, while the second floor contains the majority of the living area and balcony. The purpose for the special use permit request is to allow a residential use in a commercial district, as required by the zoning ordinance. The alternative would be to rezone the property to an appropriate multiple-family zoning district.  The applicant has chosen the Special Use Permit option due to this lot being part of the larger business center.   The primary ingress/egress will be off of Saguaro Blvd, with limited access from the interior of the Redrock Business Center. The applicant will maintain a 20-foot building setback from the Monterro condominiums to the north, which is the required building setback to a residentially zoned property, and will contain a landscaped open area. The applicant has provided building elevations to show facade treatment, wall articulation, and other modern architectural elements.  Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving neighborhoods.  One of the items listed is having a variety of housing types.  This section includes policies to encourage a broad range of housing types affordable to all income ranges and a range of housing types and densities consistent with the character area.  Section III of the General Plan includes the information on the Character Areas in the Town.  This small commercial parcel was included as part of the Shea Corridor and a Secondary Gateway to the Town.  More specifically, the Shea Corridor character area anticipates increasing the mix of uses which will include some multi-residential uses and an integrated environment.  This area is to focus on infill and redevelopment and “invite residents and visitors to explore the Town.”  Allowing the proposed residential use would be consistent with the intent of the Plan for this area by accommodating new residents and thus inviting new clientele for existing and future businesses. The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a Special Use Permit (SUP).  Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  With regards to the review and recommendation by the Planning and Zoning Commission, Section 2.02 D. 5. of the Zoning Ordinance states:  5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town.  This area has been zoned and platted prior to incorporation of the Town for commercial uses.  It is still the desire of the Town that the Redrock Business Center continue to be successful.  The Planning and Zoning Commission must determine if the introduction of residential uses to this area of the Redrock Business Center would be detrimental to the desired commercial activity and whether the residential use would be detrimental to the public health, safety, peace, or comfort of the neighborhood.   A review of this property shows that over its almost 50-year history it has not fully developed and has been considerably underutilized.  The property was the subject of another recent special use permit request for a 67-room hotel in March 2020. There was significant opposition to the project, and request was recommended for denial by a unanimous vote by the Commission. The applicant withdrew the application before moving forward to the Town Council hearing.  Should the Town Council approve the Special Use Permit, staff will continue to work with the applicant on details related to the site plan, grading and drainage plan, and required landscaping before filing for a building permit. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3 Zoning Districts General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis N/A N/A Recommendation(s) by Board(s) or Commission(s) At the regular meeting on November 8, 2021, the Planning and Zoning Commission expressed concern about the proposed driveway access at Saguaro Blvd., particularly with regard to left turns onto Saguaro, and questioned if there was a traffic study performed with the SUP request. Staff stated that there is no traffic study currently available, but may be required with the site plan submittal, should the Commission move to recommend approval. Subsequently, the Commission moved to recommend approval of the SUP request with a 7-0 vote, with the added stipulation that a traffic impact statement be included for review by the Town Engineer, who would be expected to determine if any traffic control measures are needed to accommodate safe access to and from the development. Staff Recommendation(s) Staff supports a recommendation for approval of this Special Use Permit.  Based on the Planning and Zoning Commission discussion and recommendation, staff recommends including the following stipulations:  Applicant shall provide a traffic impact statement (TIS) with the site plan submittal. The TIS shall be prepared by a registered professional engineer, and shall demonstrate safe ingress and egress at the site and any if mitigation measures shall be taken to ensure traffic safety. 1. The site plan shall incorporate any recommendations for traffic mitigation as determined by the Town Engineer based on the review and approval of the TIS. 2. SUGGESTED MOTION MOVE to approve the Special Use Permit to allow residential uses at 9637 N. Saguaro Blvd for a maximum of 17 dwelling units, subject to the stipulations as recommended by staff and the Planning and Zoning Commission. Attachments Vicinity map  Site Plan and Elevations  Narrative  Form Review Inbox Reviewed By Date Development Services Director John Wesley 11/17/2021 01:58 PM Form Started By: Farhad Tavassoli Started On: 11/16/2021 04:10 PM Final Approval Date: 11/17/2021  David Janover 13 Jul 2022 Page 2 The intersection of Trevino Drive and Saguaro Boulevard is a four-way unsignalized intersection. Eastbound traffic on Trevino Drive is STOP controlled and offered a shared left-turn/through lane and a right turn lane. Westbound traffic is also STOP controlled and provided with a shared left/through/right turn lane. Northbound vehicles make use of a left turn lane, two through lanes, a right-turn lane while southbound traffic is provided with a left turn lane, three through lanes, and a right turn lane. The first ancillary access point is approximately 450 feet south of Saguaro Boulevard on Shea Boulevard and serves as access to an existing office park with access to Trevino Drive. The access point is restricted by a raised median on Shea Boulevard to prevent eastbound left-hand turns. The second ancillary access point is approximately 250 feet north of Shea Boulevard on Monterey Drive and serves as access to an existing office park with access to Trevino Drive. Northbound vehicles make use of a left turn lane and a shared through, right lane while southbound traffic is provided with a shared left, though lane and a left-turn lane. Access Main access to the Fountain Hills Condominium development will be provided via the existing intersection of Trevino Drive/Saguaro Boulevard. The site can also be accessed by the two ancillary access points off Shea Boulevard and Monterey Drive. The primary purpose of these ancillary access points is for the adjacent office park and they are not expected to be heavily used due to the need to maneuver through parking areas of the adjacent office complex. The Fountain Hills Condominium project will be located on the northeast corner of Trevino Drive/Saguaro Boulevard. Condominiums will be constructed on the north side of Trevino Drive and on street parking will be provided on the south side. There will be no changes made to the existing intersection of Trevino Drive/Saguaro Boulevard. Trip Generation Nationally agreed-upon methodology contained in the Institute of Transportation Engineers (ITE) publication Trip Generation Handbook, 11th Edition, 2021 defines various trip generation rates expected at developments. The project trip generation was estimated for the construction of a 17-unit condominium development based on ITE Land Use Code 220, Multifamily Housing (Low-Rise) Not Close to Rail Transit (LUC 220). The result is the expected weekday trip generation for the project as shown in Table 1. The complete trip generation calculations can be found in the Appendix. Figure 1 – Vicinity Map UP 0 10 20 40 NORTHN. SAGUARO BLVDLANDSCAPING BUILDING ONE (4) UNITS BUILDING TWO (4) UNITS BUILDING THREE (4) UNITS BUILDING FOUR (3) UNITS BUILDING FIVE (2) UNITS ASPHALT PAVING LANDSCAPING LANDSCAPING LANDSCAPING TRASH ADJACENT EXISTING CONDOMINIUM DEVELOPMENT ADJACENT EXISTING COMMERICAL DEVELOPMENT PR O J E C T D A T A Zoning: APN: S/T/R: MCR (existing): Subdivision: Lot Area: Gross: Net: Occupancy Group: Construction Type: Units Provided: C-1 176-10-805 26 3N 6E 930-41 Redrock Business Center - Lot 6 70,830 SF (0.97 acres) Residential V-N Sprinklered 17 Single-Family Condominiums RL e p o r e A r c h i t e c t u r e , L L C 13 4 4 0 N o r t h 4 4 t h S t r e e t , # 2 0 3 1 Ph o e n i x , A r i z o n a 8 5 0 3 2 ph : 6 0 2 . 3 1 8 . 0 1 0 0 RL e p o r e A r c h i t e c t u r e @ g m a i l . c o m 96 3 7 N o r t h S a g u a r o B l v d . Fo u n t a i n H i l l s , A r i z o n a 8 5 x x x A 1 7 -Un i t C o n d o m i n i u m P r o j e c t : Fo u n t a i n H i l l s C o n d o m i n i u m P R E L I MI N A R Y N O T F O R C O N S T R U C T I O N O R R E C O R D A TI O N 11 / 4 / 2 0 2 1 9: 2 2 : 1 5 A M A1.1 Site Plan & Project Data No .Description Date 1" = 20'-0"1 Site Plan 1/4" = 1'-0" Project Data Figure 3 – Existing Configuration Multifamily Housing (Low-Rise) Not Close to Rail Transit LAND USE: 17 Dwelling Units Multifamily Housing (Low-Rise) Not Close to Rail Transit Original Plan TRIP GENERATION CALCULATIONS ARE BASED ON THE INSTITUTE OF TRANSPORTATION ENGINEERS' TRIP GENERATION, 10TH EDITION. THE ITE LAND USE CODE IS Multifamily Housing (Low-Rise) Not Close to Rail Transit (220), General Urban/Suburban WEEKDAY Average Rate = 6.74 Trips per Dwelling Unit (DU) T =6.74 Trips x 17 DU T =116 VTPD ENTER:(0.5)*(116) =58 VTPD EXIT:(0.5)*(116) =58 VTPD AM PEAK HOUR (ONE HOUR BETWEEN 7 AND 9 AM) Average Rate = 0.4 Trips per Dwelling Unit (DU) T =0.4 Trips x 17 DU T =7 VPH ENTER:(0.24)*(7) =2 VPH EXIT:(0.76)*(7) =5 VPH PM PEAK HOUR (ONE HOUR BETWEEN 4 AND 6 PM) Average Rate = 0.51 Trips per Dwelling Unit (DU) T =0.51 Trips x 17 DU T =9 VPH ENTER:(0.63)*(9) =6 VPH EXIT:(0.37)*(9) =3 VPH *where, T = trip ends TRIP GENERATION SUMMARY WEEKDAY 116 VTPD AM PEAK HOUR (ONE HOUR BETWEEN 7 AND 9 AM)7 VPH PM PEAK HOUR (ONE HOUR BETWEEN 4 AND 6 PM)9 VPH ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: ORDINANCE 22-08 amending Chapter 1 (Introduction) and Chapter 12 (Commercial Zoning Districts) to allow indoor shooting ranges subject to the standards listed (Case #TAM22-06). Staff Summary (Background) Per direction from the Planning and Zoning Commission, Staff is initiating a request to amend the Town's Zoning Ordinance by adjusting certain provisions in Chapter 12, Commercial Zoning Districts, to allow indoor shooting ranges in the C-C (Common Commercial) and C-1 (Neighborhood Commercial and Professional) with Council approval of a Special Use Permit, and in the C-2 (Intermediate Commercial) and C-3 (General Commercial) as a use by right. Currently, the zoning ordinance does not address indoor shooting ranges. Recent interest in establishing this use in the Town provided the impetus for this proposed text amendment. Purpose and Intent of the C-O, C-1, C-2, and C-3 Zoning Districts To evaluate this proposed text amendment, staff reviewed the purpose and intent of the four commercial zoning districts, the current allowed uses in these three zoning districts, and the zoning ordinances of neighboring communities. 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-1, 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-1. Neighborhood Commercial and Professional Zoning District: The Neighborhood Commercial and Professional District is established to provide a location for modest, well-designed commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for services to the community, which is 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 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 and C-1 zoning districts currently allow 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 and C-1 zoning districts to keep properties in this zoning district more comparable with adjacent residential uses. These limitations include requiring approval by the 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 sole difference between the C-C and C-1 zoning districts is that the former allows for common parking areas. 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 the 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 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. Proposed Amendments To avoid ambiguity, staff proposed adding a formal definition for “Indoor Shooting Range” in the Section 1.12 of the zoning ordinance: INDOOR SHOOTING RANGE: AN ENCLOSED PERMANENT BUILDING OPEN TO THE PUBLIC OR MEMBERS OF AN ORGANIZATION WHERE FIREARMS ARE DISCHARGED AT TARGETS. At the Planning and Zoning Commission meeting on November 14, 2022, it was explained by experts that indoor shooting ranges can be constructed to withstand a specific range of gun calibers. Fifty caliber pistols and rifles require at least a steel grade rating of AR500 or the equivalent bullet trap design.  Furthermore, a distinction was made between member-based shooting ranges and those open to the public, with the latter having the potential to attract a larger number of clientele. These distinctions were acknowledged by the Commission and were incorporated into the recommended text amendment language. To allow indoor shooting ranges in the C-2 and C-3 districts by right, it is proposed that Section 12.02 C. 26. be added to allow the following type of indoor shooting ranges by right: 26. MEMBER-BASED INDOOR SHOOTING RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD BY AN AR500 STEEL GRADE OR EQUIVALENT BULLET TRAP DESIGN STANDARD. EXCEPTIONS TO MEMBER-BASED REQUIREMENT INCLUDE LAW ENFORCEMENT AND MILITARY PERSONNEL, AND SPECIAL EVENT PARTICIPANTS. Similarly, indoor shooting ranges in the C-2 and C-3 zoning districts that are outside the standards specified above would require a Special Use Permit. Therefore, staff proposes the following be added to Section 12.05, Uses Subject to Special Use Permits in the C-2 Districts Only: N. NONMEMBER-BASED INDOOR SHOOTING RANGE OR RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD BY A STEEL GRADE RATING GREATER THAN AR500 OR EQUIVALENT BULLET TRAP DESIGN STANDARD. Congruently, staff proposes the following be added to Section 12.06, Uses Subject to Special Use Permits in the C-3 Districts Only: F. NONMEMBER-BASED INDOOR SHOOTING RANGE OR RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD BY A STEEL GRADE RATING GREATER THAN AR500 OR EQUIVALENT BULLET TRAP DESIGN STANDARD. As for the C-C and C-1 zoning districts, the Commission recommended that Special Use Permits be considered only for member-based indoor shooting ranges for gun calibers designed to be withstood by an AR500 steel grade or equivalent bullet trap design standard, with exceptions to the member-based requirement for law enforcement and military personnel, and special event participants. Specifically, Section 12.04, Uses Subject to Special Use Permits in the C-C- and C-1 zoning districts, is amended as follows: F. MEMBER-BASED INDOOR SHOOTING RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD F. MEMBER-BASED INDOOR SHOOTING RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD BY AN AR500 STEEL GRADE OR EQUIVALENT BULLET TRAP DESIGN STANDARD. EXCEPTIONS TO MEMBER-BASED REQUIREMENT INCLUDE LAW ENFORCEMENT AND MILITARY PERSONNEL, AND SPECIAL EVENT PARTICIPANTS. Analysis Per the Commission's direction at the regular hearing on September 12, 2022, staff prepared an initial draft of the proposed text amendment and presented it at their November 14th hearing. This initial draft generally proposed a SUP requirement for indoor shooting ranges in the C-C and C-1 zoning districts, and as an allowed use in the C-2 and C-3 zoning districts. Following extensive discussions during the hearing with those closely familiar with the industry, the Commission recommended more specific language that acknowledged the diversity of gun calibers, bullet trap design and specific clientele. As a result, the proposed text amendment has been amended to its current form as described above. Providing a mechanism to allow specific types of indoor shooting ranges with a SUP in the C-C and C-1 zoning districts allows the public, Commission, and Council to comment on details such as hours of operation, traffic impacts, and separation from neighboring uses. The Commission may make other suggestions to Town Council concerning other ways in which a proposed indoor shooting range may be acceptable and compatible for an area. Per Section 2.02 of the Zoning Ordinance, should any of the conditions or terms of a SUP be violated after it has been granted, the Town Council may go through the process to revoke it, or the applicant may be asked to apply for a new SUP.    Allowing specific types of indoor shooting ranges by right in the C-2 and C-3 zoning districts is generally consistent with most jurisdictions in the Valley where the use is allowed in intermediate commercial districts. These zoning districts are intended to accommodate businesses that serve markets beyond the immediate neighborhood in locations where there is adequate access to major streets and highways. Furthermore, it is the staff’s opinion that some of the allowed uses listed for these two districts are similar in intensity, such as billiard halls and fitness centers. As for indoor shooting ranges in the C-2 and C-3 that are intended to withstand more powerful firearms and are open to the wider public, additional review will be required by the public, Commission, and ultimately the Town Council regarding the appropriateness of such a use in more intense commercial districts in the Town. Related Ordinance, Policy or Guiding Principle General Plan 2020, Section III - includes goals and policies related to improving use of existing commercial property and being creative in attracting and retaining revenue-generating uses that maintain quality services and amenities. This chapter also includes 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) At their regular meeting on November 14, 2022, the Planning and Zoning Commission recommended approval (7-0) of the zoning ordinance text amendment. Staff Recommendation(s) Staff recommends approval of Ordinance 22-08 as presented. SUGGESTED MOTION MOVE to approve Ordinance 22-08. Attachments Ordinance 22-08  Pages 2 thru 23 of PZC Meeting Minutes  Form Review Inbox Reviewed By Date Development Services Director Angela Padgett-Espiritu 12/19/2022 02:50 PM Senior Planner (Originator)Linda Mendenhall 12/20/2022 04:12 PM Development Services Director John Wesley 12/20/2022 04:22 PM Finance Director David Pock 12/20/2022 05:03 PM Town Attorney Aaron D. Arnson 12/21/2022 08:35 AM Town Manager Grady E. Miller 12/21/2022 10:30 AM Form Started By: Farhad Tavassoli Started On: 12/19/2022 10:28 AM Final Approval Date: 12/21/2022  ORDINANCE NO. 22-08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, SECTION 1.12, DEFINITIONS, BY ADDING A DEFINITION FOR AN INDOOR SHOOTING RANGE, AND BY ADDING NEW PROVISIONS TO SECTIONS 12.02 C., 12.04, 12.05, AND 12.06 TO ALLOW AN INDOOR SHOOTING RANGE SUBJECT TO THE STANDARDS LISTED. 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 1, Commercial Zoning Districts, by adding a new definition for an indoor shooting range to Section 1.12 and adding new provisions to Section 12.02 C., 12.04, 12.05 and 12.06 to allow specific types of indoor shooting ranges with a Special Use Permit in the C-C and C-1 zoning districts, and as a matter of right in the C-2 and C-3 zoning districts, and other types on shooting ranges with a Special Use Permit in the C-2 and C-3; 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 October 26, 2022, and November 2, 2022, editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on November 14, 2022 and by the Town Council on January 3, 2023. 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 1, Introduction, Section 1.12, Definitions, is amended as follows: INDOOR SHOOTING RANGE: AN ENCLOSED PERMANENT BUILDING OPEN TO THE PUBLIC OR MEMBERS OF AN ORGANIZATION WHERE FIREARMS ARE DISCHARGED AT TARGETS. SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.02 C., Permitted Uses, is amended as follows: 26. MEMBER-BASED INDOOR SHOOTING RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD BY AN AR500 STEEL GRADE OR EQUIVALENT BULLET TRAP DESIGN STANDARD. EXCEPTIONS TO MEMBER-BASED REQUIREMENT INCLUDE LAW ENFORCEMENT AND MILITARY PERSONNEL, AND SPECIAL EVENT PARTICIPANTS. SECTION 4. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.04, Uses Subject to Special Use Permits in the C-C and C-1 Zoning Districts Only, is amended as follows: F. MEMBER-BASED INDOOR SHOOTING RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD BY AN AR500 STEEL GRADE OR EQUIVALENT BULLET TRAP DESIGN STANDARD. EXCEPTIONS TO MEMBER-BASED REQUIREMENT INCLUDE LAW ENFORCEMENT AND MILITARY PERSONNEL, AND SPECIAL EVENT PARTICIPANTS. SECTION 5. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.05, Uses Subject to Special Use Permits in the C-2 Districts Only, is amended as follows: N. NONMEMBER-BASED INDOOR SHOOTING RANGE OR RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD BY A STEEL GRADE RATING GREATER THAN AR500 OR EQUIVALENT BULLET TRAP DESIGN STANDARD. SECTION 6. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.06, Uses Subject to Special Use Permits in the C-3 Districts Only, is amended as follows: F. NONMEMBER-BASED INDOOR SHOOTING RANGE OR RANGE FOR GUN CALIBERS DESIGNED TO BE WITHSTOOD BY A STEEL GRADE RATING GREATER THAN AR500 OR EQUIVALENT BULLET TRAP DESIGN STANDARD. SECTION 5. 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 6. 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 3rd day of January, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney Town of Fountain Hills Page 2 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 2 of 53 GRAY: Paula, can we do roll call, please. WOODWARD: Commissioner Corey? COREY: Here. WOODWARD: Commissioner Dapaah? DAPAAH: Here. WOODWARD: Commissioner Dempster? DEMPSTER: Here. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Here. WOODWARD: Commissioner Watts? WATTS: Here. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Here. WOODWARD: Chairman Gray? GRAY: Here. Thank you, Paula. Before we move on to Agenda Item 3, just a reminder, if you wish to speak on any agenda item this evening, there are speaker cards located in the back corner of the hall here. Please fill those out and deliver them to Paula, and we'll call you up for the three-minute allocation for the agenda item that you so choose. With that, Number 3, call to the public. Paula, any speaker cards? WOODWARD: No, Chairman. GRAY: Thank you, Paula. Agenda Item 4, consideration and possible action: Approving the regular meeting minutes of the Planning and Zoning Commission from October 10, 2022. Paula, I see we got a new software. WOODWARD: Yes. GRAY: Very nice. Very nice. I realize that I need to work on some of my pronunciations, but. Overall, very good. Commissioners, any comments or a motion, please? DEMPSTER: I'd like to make a motion to approve the regular meeting minutes of the Planning and Zoning Commission, October 10th, 2022 meeting. GRAY: Second? KOVACEVIC: Second. Town of Fountain Hills Page 3 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 3 of 53 GRAY: All in favor? ALL: Aye. WOODWARD: Seven-zero. GRAY: Thank you. Okay. Number 5, public hearing and consideration with possible action on Ordinance 22-08 to amend Chapter 1 and Chapter 12 by adding provisions to allow indoor shooting ranges into the C-2 and C-3 zoning districts as a permitted use and in the C-C (Common Commercial) and C-1 (Neighborhood Commercial and Professional) zoning districts with an approved special use permit. Farhad, your presentation, please. TAVASSOLI: Thank you, Mr. Chairman, members of the Commission. That was quite a mouthful there. But as you said, this is in consideration of allowing indoor shooting ranges in the commercial zoning districts with certain provisions, depending on which zoning districts we are speaking of. So this is per direction from the Planning and Zoning Commission from the -- followed the September meeting. Though it's staff-initiated, the impetus for this is recent interest in establishing an indoor shooting range here in the Town of Fountain Hills. Indoor shooting ranges are not specified in the zoning ordinance. That's why a particular case came before you in September. Although this that I'm presenting before you right now, to be clear, is not site-specific. This is a zoning ordinance text amendment request. So the proposal is to allow indoor shooting ranges within the C-C -- or the community commercial district -- and the C-1 neighborhood commercial zoning district with a special use permit. And that would require a public hearing. And also to allow it in the C-2 and C-3 zoning district as a matter of right. So staff felt it is important to define the terms here and leave no room for ambiguity. That's why staff is, as you can see in the beginning of the report, is proposing a definition of an indoor shooting range to be added in Chapter 1 of Zoning Ordinance, particularly in the definition section. So staff proposes this following definition that is modeled after another zoning ordinance here in the country. But an indoor shooting range is pretty well defined as an "enclosed permanent building open to the public for members of an organization where firearms are discharged at targets". So nothing more; nothing less. And so the proposal, as I said earlier in the presentation, is to allow this use in the Town of Fountain Hills Page 4 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 4 of 53 commercial zoning districts. However, also, as I mentioned earlier, it is to allow it with the provision of a special use permit in the C-C and C-1 zoning districts. If you look at the zoning ordinance, the C-C and C-1 are identical in terms of the uses that are allowed. The only difference being that in the C-C zoning district one is allowed a common parking area to serve all the units or separate parcels within a commercial area. Also, these two zoning districts are -- their primary purpose is intended to serve the surrounding neighborhood with small business enterprises or to serve the larger community with certain services. However, in the C-2 and C-3 zoning districts, as you may very well know, they're more intense, and they serve a much larger market area. And incidentally, when looking at some of the uses allowed in the C-2 zoning district, particularly, one finds that a pool hall or a fitness center is allowed as a matter of right in those zoning districts. And in terms of intensity, staff felt that an indoor shooting range is very similar. So our analysis and staff recommendation is based on the following findings: That the text amendment, as I mentioned, is in response to recent interest in establishing an indoor shooting range, which I will discuss a site-specific case in the next presentation. It also provides a definition and recognizes it as a distinct use. Again, currently, it's not mentioned in the zoning ordinance. It would expand the inventory of potential sites for indoor shooting ranges and encourages, particularly for special use permit cases, it encourages detailed analysis of factors, such as the traffic impact to a particular site, appearance, noise, and business hours. And I might also add whether or not a particular indoor shooting range is open to the public or if it's membership-based. That is something the Planning and Zoning Commission and the Town Council can consider when presented with a special use permit case. It also provides some opportunity to control the use in specific areas. And in conclusion, staff recommends approval of the zoning ordinance text amendment as presented before you in the ordinance 22- -- I believe, 08. And at this time, I'll be open to any questions you might have. GRAY: Commissioner Kovacevic? KOVACEVIC: I don't have any questions. Yeah. Sorry about that. GRAY: Commissioner Watts? WATTS: Farhad, I've got one question. Town of Fountain Hills Page 5 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 5 of 53 GRAY: No light. WATTS: Wrong button. A question. Somewhere in that Section 12 of the zoning and the -- I think it was C-2 -- I'm not positive -- but there was the, by right, recreational use for the public or members. Why wouldn't this fall under that? TAVASSOLI: Particularly for C-2? WATTS: Yes. TAVASSOLI: Why wouldn't this use -- WATTS: I think it was -- TAVASSOLI: -- of -- WATTS: Yeah. I think it was C-2. It might've been -- could've been C3. I don't -- TAVASSOLI: Mr. Chairman, members of the Commission, we felt that was a little vague to just simply categorize this as just one of the many uses that would fall under recreational use. We thought it would be of benefit to avoid, you know, any ambiguity to specify it as a specific use, as has been mentioned in some of the other zoning ordinances that we looked at across the Valley, including Scottsdale and Mesa and so forth. WATTS: But in that light, shouldn't we take out, then, recreational facilities to avoid the ambiguity in the future? TAVASSOLI: It's a good point. We certainly haven't given it much thought. But I'm not sure if it might -- we might be removing, you know, the possibility of some other uses that might fit into that category. WATTS: It was just a curiosity. I mean, when I look at it, this is a recreational facility -- TAVASSOLI: Right. WATTS: -- whether you agree or you don't. But if you're going to leave it in, you'll leave in that ambiguity for other things that might occur. And if you put this in -- I don't know if we're going through an exercise that isn't necessary. Or I'm not quite -- I don't quite understand it. GRAY: Yeah. WESLEY: Chairman, Commissioner Watts, I'm not going to address your comments specifically, but in a more general nature. One of the side projects I have been working on is a redo of all of our commercial classifications because they are getting kind of jumbled over time as we add different little things in. And so hopefully, before too long Town of Fountain Hills Page 6 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 6 of 53 that'll be another item I'll bring back, and we'll certainly be looking at that in a way to kind of recategorize and clean up some of these things that are in there. But I don't see any short-term issues with this. It's specifically helpful in the C-1 and the C-C districts to have them listed specifically, because we are trying to target -- no pun intended -- the specific use in those districts and what would be allowed. We haven't studied other ones besides this one. WATTS: Okay. Thank you. GRAY: Mr. Kovacevic? KOVACEVIC: So we're considering the land use prospects of a shooting range. If they're allowed by right in C-2 and C-3, the building specifications -- and our petitioner has gone through great lengths to build us a safe range. If it's used by -- if it's permitted by right, it can go through staff, and it's up to staff to make sure that the plans and specs are appropriate? TAVASSOLI: Mr. Chairman, members of the Commission, correct. You know, we'll make sure that they meet certain standards to ensure that no noise escapes from the building, that it's properly insulated, and make sure that all the activity is contained entirely within the building. And that would require staff requesting, perhaps, documentation that specifically addresses those concerns. KOVACEVIC: Okay. Thank you. TAVASSOLI: Sure. GRAY: Commissioner Dempster? DEMPSTER: Thank you. Farhad, I am curious why we're including C-C in doing a special use permit for this use. And I understand, you said the only difference is common parking. But I'm very much in favor of this, and not just that we work hard in buffering commercial and residential. And I don't -- I did not look back at a chart to see what effects it would have, how much C-C zoning we have. And I know a significant amount is next to residential. But was that for ease to just include it kind of across the board or what was the thought behind that? TAVASSOLI: Chairman and Commissioner, in terms of where the C-C commercial zoning districts and the C-1 commercial districts are located within the Town of Fountain Town of Fountain Hills Page 7 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 7 of 53 Hills, they share the same characteristics as far as, you know, how they are situated near major intersections. As I mentioned -- as you mentioned, the only difference being common parking areas, which is only allowed in the C-C and not the C-1. Otherwise, the uses allowed are identical. There might be some differences in parcel size, but as far as where they're situated in relation to intersections and other uses, they're very similar. DEMPSTER: Thank you. GRAY: Farhad, just a couple, I guess, three questions or points I wanted to raise. One, I just wanted to ask, was there any feedback from Economic Development one way or another on this proposed amendment, or even no, you know, no opinion? TAVASSOLI: Mr. Chairman, this case has been brought up -- this proposal and the case that's going to follow -- has been brought up at staff meetings -- weekly staff meetings with the managers where there was an opportunity to try to amend by Economic Development, and we haven't -- GRAY: So without objection? TAVASSOLI: -- had any -- yeah, right. GRAY: And then, I know you mentioned in response to Commissioner Kovacevic, you know, design criteria and standards. I know we've had other cases in the past where noise, in particular, and how that's applied with respect to commercial operations, and there's -- I guess it's not quite clear in my mind, but I obviously could see this particular use, you know, being a repetitive noise, you know, at a fairly high rate being something that's probably paramount importance to adjacent stakeholders. How can we tie down the zero noise escape or zero decibel escape within our definition or elsewhere specific to the use? Just, again, you know, pointing to the repetitive nature of, you know, of a firing range, et cetera. And then wanted to also just look at it from the lens of, you know, a door opens -- can we prescribe a sally port type of scenario within design criteria to where, you know, one door opens, one door closes so you don't have that opportunity to adversely impact, you know, adjacent stakeholders, homeowners, et cetera? TAVASSOLI: Right. Mr. Chairman, not being an expert on the design of shooting ranges I'm not sure how much I could provide. We do have representatives from -- I'm sorry; forgot the name of your -- Town of Fountain Hills Page 8 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 8 of 53 TYLER: Action Target. TAVASSOLI: -- Action Target here, who might be able to shed some light on that and provide, you know, suggestions for this particular -- GRAY: Okay. Yeah. And I guess, I'm really interested in that. That's something that we would bake in. I mean, I'm -- you know, not having gone through the public hearing portion of this, but having to address this last month or two months ago, I think, you know, I think we're pretty comfortable with where this is heading, but it think that that's something that, if we don't tie it down, I think that it -- you know, it may not get away from us on this one, but it could on the next one. And my last inquiry is just kind of playing the what if game here. I know we talked about this two months ago and what caliber would be fired at this location. But do we also, in our definition, need to put a cap on caliber size for an indoor range? And that's somewhat of a naive question. I'm not, you know, I'm not well-versed in shooting ranges by any means, but is that something else that, in defining, you know, what an indoor shooting range is, do we say up to caliber X kind of thing? And maybe that's a collaborative discussion with Action Target as well. TAVASSOLI: Mr. Chairman, certainly, you know, those points can be brought up. You know, if this were to be approved as proposed, then those are certainly questions that can be asked for the special use permit cases. I'm not sure about the C-2 and the C-3 zoning districts, however. I can say, looking at other zoning ordinances in the Valley -- and I've looked at about five or six where this use is specified -- however, in terms of specifics, it doesn't get down to that level as to caliber size or sound attenuation and things of that nature. GRAY: And maybe where I'm angling towards is in the C-2, C-3 districts, you know, up to a certain caliber, and then special use permit trigger over and above that, potentially. Anyway, just for -- TAVASSOLI: Sure. GRAY: -- further discussion as the night progresses. Commissioner Watts? WATTS: Two more questions. One, pertaining to the C-C and C-1. Do we have to give a special use opportunity in those two zoning areas, or should we be more specific and say it only applies to C-2 or C-3, whichever one we land on? Town of Fountain Hills Page 9 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 9 of 53 TAVASSOLI: Mr. Chairman, Commissioner Watts, we certainly would be open to tailoring this in such a way that would be more appropriate. Do we have to -- does it have to be a considered and approved as presented? No. I mean, it could be -- WATTS: Yeah. I'm thinking along the lines of Commissioner Dempster that -- TAVASSOLI: Yeah. WATTS: -- there's a sensitivity issue all around in putting it into the C-C or C-1. TAVASSOLI: Sure. WATTS: And the other thing is, our building codes cite an awful lot of standards across the country, whether it's an AIA-type standard or whether it's some building association. I'd suggest that we utilize this as kind of the poster child for future endeavors, maybe along the lines of somebody wants to put an indoor racing cart center, you know, somewhere. I don't know if we got the size for it, but something else that is noisy, but we can mitigate the noise problem, whether it's the vestibule concept or whatnot. So I think those would be good things to incorporate into our building codes. I'd like to see something along those lines. GRAY: Yeah. I concur with Commissioner Watts on that. I think one of our main obligations is to preserve welfare of all adjacent stakeholders. So I'm very much in favor of that. Commissioners, any other thoughts for Farhad before we open the public comment? Okay. Paula, do we have any speaker cards? WOODWARD: No, Chairman. GRAY: Thank you, Paula. Well, Farhad, you're back on the mic again. Final discussion or a motion? Or I guess, I should ask do we have any presentation from the applicant? TAVASSOLI: Actually, this is staff-initiated, but -- GRAY: Okay. TAVASSOLI: Yeah. So certainly, the next agenda item. GRAY: I would like to discuss the two points around, you know, potential, you know, what's an appropriate max caliber up to. And then, you know, what becomes potentially special use over and above that. And then any thoughts regarding language that would assist with noise containment. KOVACEVIC: We addressed a noise ordinance at some point before, correct? And -- GRAY: Yeah. Town of Fountain Hills Page 10 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 10 of 53 KOVACEVIC: But we -- GRAY: In residential. KOVACEVIC: But we haven't changed. There's still a noise ordinance in place. And it is specific as to how many decibels at what time. It is not specific as to how many decibels at what time. GRAY: Yeah. There was a lot of discussion about metering and calibration of meters and who did or didn't want to use meters. And it was also geared towards residential, and that was discussed. And that's the -- I'm going back to a case a couple years ago, but there was all sorts of deliberation over what's appropriate mechanical noise from a commercial building, you know, when it abuts residential. And the end result of it was that it's very subjective that some of those criteria do not apply. And so I think in this case when you've got, you know, when you got "pop, pop, pop", you know. I wouldn't want to live next door to that and hear it, even in the slightest bit. I'm in favor of the amendment, but I would like to see some prescription that addresses that. SCHLOSSBERG: (Indiscernible)? GRAY: Yeah. SCHLOSSBERG: Yeah. I'm sure they'll address that. I mean, if you've been to the range, I mean -- you don't -- if you've been to the range you don't hear anything outside of the confine -- I mean, at all. As a matter of fact, when you walk in you don't really hear anything until you actually go into the actual active shooting area. So as far as sound concerns outside of the building -- GRAY: Um-hum. SCHLOSSBERG: -- just from personal experience -- GRAY: Okay. SCHLOSSBERG: -- there should be none. COREY: Yeah, I was going to say that it was my assumption as well that it was zero. So the decibels wouldn't really apply in that case. GRAY: So I'm just playing devil's advocate here. But we all say "zero" -- experience is zero, but what if the next applicant comes in and says, well, you can just hear a little bit. You know, it's not more than a car starting, you know. But it's still that "pop, pop, pop". If I owned the house next door -- and we're allowing this in C-0 or C-1, I would be in Town of Fountain Hills Page 11 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 11 of 53 here every week. WATTS: But isn't that why we're -- we talked about incorporating the building profile as a building -- into our building codes so that, assuming for the moment, theirs is zero today -- sound outside the building -- and there's a couple facilities in town in Scottsdale that you can't hear anything until you get next to the windows. And then you can hear something, but marginal. So you incorporate that into the building codes and make everybody adhere to that in the future. Don't you resolve that problem? GRAY: I think so. But that's not where we're at today, I guess, is my devil's advocate position. Response? COREY: So Chair may have already addressed this, and he said it a lot more eloquently, but just to kind of simplify it a little bit. So when we're -- so right now we're just simply approving whether the SUP can go in C-C or C-1, and if it's by right in C-2, C-3. So if this gets approved, what are we locking ourselves into at the C-2, C-3, so when it comes to, like, membership versus non-membership -- and I don't know what that entails, but I think it would be something that we'd want to know about. Can people just walk in and use this place? And then how would noise be addressed if, say, they said it was going to be zero, and it ended up being, you know, higher? You know, how would that get addressed at that point? And then, like, Chair said, the caliber. So if we are approving this, are we locking ourselves into something at C-2, C-3, or does that get addressed another way through, like, the building codes and whatnot? TAVASSOLI: Mr. Chairman, members of the Commission, well, certainly in the cases of C-2, C-3, if there's ever a proposal for an indoor shooting range in any of one of those districts staff can certainly -- I'm not sure if stipulation is the right word, but place some sort of condition that would ensure that no noise is to escape the building. And that may be in the form of providing some sort of -- some sort of documentation, like design specifics -- COREY: Okay. TAVASSOLI: -- that will be applied to ensure that. And then, if, after approval, and if after construction and final inspection and so on, if there's every any complaint about any kind of noise escaping the building then that would certainly be a violation, and we could Town of Fountain Hills Page 12 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 12 of 53 ask the owner to take corrective action. GRAY: Okay. KOVACEVIC: I'm thinking maybe the petitioner can help us out a little bit with who are the governing -- the bodies that -- SEAN: So -- KOVACEVIC: -- create the standards for building shooting ranges? SEAN: Right. So I hired -- or we're working with Action Target. They build an NRA- certified range. And he'll answer any more specifics, but bottom line is it has to meet a certain standard. The caliber is AR500 rated or lower, which, for us is important, because if we want to let law enforcement qualify that's the kind of calibers they also use. And finally, the access corridor, like you were mentioning, yeah, you go in, one door shuts, then they go down and into the range and one door shuts before the other door opens. And as far as noise goes, it's basically to your property line. There's no noise above the normal sound that you hear. For instance, when Chris (ph.) was here -- this is Tyler (ph.) from Action Target -- he used his decibel meter, and cars going by were up to 100 decibels. Right now, what we have -- if you were to go in there right now and shoot into a bullet trap, the decibels outside the building is about 77 decibels. And we haven't even done the wall yet. So once you put in the wall, just, like Vice Chair Schlossberg mentioned, you can't hear it. Now, in that very rare circumstance when somebody might open the service door at the same time that people are firing, there could be some escape, but it still won't make it to our property line before it's washed out. And to meet your question about certifications. If in the special-use permit they put NRA-certified indoor range, then that would meet all that criteria that you were mentioning. And then the caliber would be AR500, which would meet your caliber question. And then the access corridor is built in to any NRA- certified range. Did I miss anything, Tyler? TYLER: Could I add something? SEAN: Sure. TYLER: If you don't mind. Just for clarification, it's the NRA Range Source Book, Town of Fountain Hills Page 13 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 13 of 53 which is everything that it's built off of. So that's something that you could Google and find documentation by the NRA. The second thing is on the caliber. I would personally recommend doing some sort of caveat or something based off of the FPS of a specific round that you're interested in. We brought up how local law enforcement agencies use AR-15s, which a typical FPS is around 3,000 feet per second. That's very common for a rifle round. So I would recommend any caveats to be based around something like that. And then specific to the range that is being designed for this, we're looking to do an 8- inch solid concrete building, essentially, within the proposed site. No sound will escape that building. And then there's a minimum of 4 foot space between the range wall and the exterior wall. So the sound has to travel through a lot of space even before it reaches the building walls. And that's let alone the property line. So we're talking about a lot of space for these rounds to be heard through. GRAY: Okay. Well, I just wanted to get clarification. So AR500 and 3,000 feet per second? TYLER: The AR500 is a classification of steel that we use. It's abrasion-resistant steel. 500 is the determining factor. So that's not necessarily related to a rifle round, but what we use to protect against rifle rounds, if that makes sense. GRAY: Okay. And is there a scenario in the industry where -- is that measure warranted, in your experience? Is there a scenario in the industry where there's ranges built that, you know, exceed that feet per second? TYLER: Exceed the feet per second? Yes. There's cartridges in the industry, like a 50- caliber, for example, that does exceed the 3,000 foot per second. And in those instances, the design of a shooting range would vary slightly. The AR500 protects everything up to a .50 BMG. GRAY: And if we put that constraint on the range design does that unduly burden the average applicant? TYLER: In reference to the AR500? GRAY: No, the 3,000 feet per second component. TYLER: It's not an undo restraint. No, that is a very common rifle round. So as Action Target, we would allow all pistol calibers and nearly all rifle calibers to be shot on the Town of Fountain Hills Page 14 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 14 of 53 range. GRAY: And then one more question, and I'll concede the mic. But obviously in this case, this application -- you know, this text amendment is all -- it's got good merit and it's got good expertise behind through Action Target. Your colleague was here a couple months ago. TYLER: Yeah. GRAY: Is there a -- are there other standards out there that -- I guess I just want to ask, am I promoting something that's overly cautious in wanting to include some of these basic design standards, or has it been your experience that, you know, all applicants that you've come across or know of would be automatically designing to a minimum standard like that? TYLER: The minimum standard that Action Target has designed to is to allow pistol calibers only. So the 3,000 foot-per-second is above that. So this is -- what we're discussing right now is above what I would consider a minimum requirement to be, that is being a pistol caliber-only range, if that answers your question. GRAY: Just from a different angle. So really I'm talking about noise escape. TYLER: Um-hum. GRAY: Are there other designers out there or ownership groups out there who say, you know, I appreciate the NRA standard, but let's, you know, let's save dollars where we can save dollars, and maybe push the envelope a little bit further on noise escape to property line or beyond. Is that scenario out there that warrants us saying, hey, let's tie this down a little bit tighter to the NRA standard, or you know, something similar, or does that just not happen? TYLER: I would say that it is out there. The NRA is the baseline. So when -- especially when Action Target's designing ranges, that's what's used. Obviously, if no range manufacturer is chosen to move forward with a commercial range, corners can be cut. GRAY: Okay. What was that standard again? TYLER: The NRA Range Source Book. GRAY: Okay. Thank you. Commissioner Kovacevic? Oh, sorry. Commissioner Watts? WATTS: Two questions. One for the applicant. And that is, the 3,000 FPS to me -- it's Town of Fountain Hills Page 15 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 15 of 53 a good factory load. But if somebody's loading and reloading -- TYLER: Um-hum. WATTS: -- they can run hot loads -- TYLER: Absolutely. WATTS: -- and we'll never figure out in time to do anything about it. That's a problem. So you're to going to be able to preclude it. You have to rely on the vestibule. You have to rely on the walls. You're not going to be able to catch the guy or girl that's shooting and runs a hot load -- TYLER: Um-hum. WATTS: -- pure and simple. So while you cite the standard, we still have to rely on what's reasonable in the management of the facility to control these guys, whoever's on the range. So that's just a comment. Second comment is, as far as I'm not a proponent of including the C-C or the C-1. And I want to get a clarification on C-2 and C-3 -- thank you, by the way -- for which has the most restrictive hours, because we talked to the applicant last time about their hours of operation. We don't, to my knowledge, didn't want 24-hour operation. So which one -- which classification should we look to to limit those number of hours? TAVASSOLI: Mr. Chairman and Commissioner, both the C-2 and the C-3 allow 24- hour operation. WATTS: I thought one didn't. I thought one had more restrictive hours because -- TAVASSOLI: That would be the C-1. WATTS: Is that what it was? TAVASSOLI: Yeah. Yeah. That's why -- if you recall previously, their request was to rezone the property to a C-2. With this use being the impetus for that reason of request, but it still opened up the possibility of -- WATTS: I didn't -- TAVASSOLI: -- 24-hour operation. WATTS: -- I didn't bring my notes, so it's, like, oops. I had to get a clarification. Thank you. TAVASSOLI: Yeah, sure. GRAY: Commissioner Corey? Town of Fountain Hills Page 16 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 16 of 53 COREY: I did just have one more kind of technical question for the other person that was speaking. And I forgot your name; I'm sorry. TYLER: It's okay. It's Tyler. COREY: Tyler. And I'm asking because I've never actually been in a shooting range before, but as it comes to security, like, what kind of safeguards are there in place for somebody to not walk out with a gun, or like, are they chained up or are they -- like, how does that work? TYLER: I'll let Sean (ph.) answer that. SEAN: Guess what? We're in Arizona. Everybody could be carrying right now, according to the law. So a lot of times customers will carry, but the range protocol is that you bring your firearms unloaded in a case, and then they leave in a case. But we are also a FFL, so we sell firearms, and believe it or not, a lot of people are armed when they come in. COREY: Okay. SEAN: And so that's already happening. We can't control that part. COREY: I see. SEAN: But our protocol within the range is everything's unloaded, in a case, and there's just a certain protocol. That's why, I mean, another reason why we want membership- based program, because everybody goes through the same training. COREY: That was going to be my follow-up question. So that is what you prefer is that membership program so nobody just off the street can walk in and say -- SEAN: Oh, yeah, absolutely. COREY: -- I want to come in today. SEAN: I mean -- COREY: Okay. SEAN: -- I'm happy for as many restrictions as you'd like, because we set this up to be member-based. But as the city's doing it, you guys aren't just looking at me, you're looking at other people that may come in here and stuff like that. But again, it goes back to what we talked about before, where we're really looking at, like, an 80 percent member-based program, and having some nonmember-based use so that we can have -- let law enforcement qualify and have special events and stuff like that. Town of Fountain Hills Page 17 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 17 of 53 COREY: Okay. Thank you. SEAN: Um-hum. GRAY: Commissioner Dapaah? DAPAAH: Yeah. Quick question for the same gentleman there. Have you met the next door neighbor there, Mr. Flynn (ph.)? SEAN: The one right next to me? DAPAAH: It's -- SEAN: Jeff (ph.) and his wife? DAPAAH: Yeah, he's -- SEAN: Several times. DAPAAH: -- directly behind this particular property. Have you -- SEAN: No. I believe they're in Georgia. DAPAAH: Okay. SEAN: There's a renter there. DAPAAH: Okay. SEAN: Is this the one about the lights? DAPAAH: About the lights -- SEAN: It is. DAPAAH: -- and about the barrier. I don't know if this is the appropriate time to discuss some of the neighbor's concerns. UNIDENTIFIED SPEAKER: Yes, it is. SEAN: They're more than what -- DAPAAH: That's okay. We'll leave that. SEAN: We already addressed them, but -- DAPAAH: Okay. SEAN: -- we've had -- lights have been the issue, and just, I think we already went over this, but that property was bare since 2008. It's the first -- we're getting the first certificate of occupancy. So the property owners have let the -- you know, no lights were working. None of the standard parking lot lights and none of the lights on the building, so we simply went in and fixed them. And that made everybody, you know -- they're like, whoa, you mean there's a commercial building right there? Town of Fountain Hills Page 18 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 18 of 53 DAPAAH: Okay. SEAN: And that's what happened. But Mr. Flynn, they're in Georgia, and I did speak with the actual renter, and he's the one who told me they were in Georgia. He's like, yeah, I don't know. But they're in Georgia, so I don't know how they can be getting affected by this. But regardless, we had code enforcement come by, which Farhad is familiar with, and we put glare shields on everything. And we're at 3,000 k at 100 watts, which meets the city ordinance. And I believe that's it. but if there's something else, we'd be more than happy to address it. DAPAAH: Thank you. GRAY: So we'll pick that discussion up a little bit here with Agenda Item 6. Commissioners, final thoughts or a potential motion in relation to Agenda Item 5? I'll say, I have a preference to include the language -- and I'm not familiar with the NRA Range Source book, but I think more standard is better than less, so I'm in favor of that. And I'm also in favor -- and I appreciate Commissioner Watts, that we can't control what we can't control, but I think that putting the feet-per-second limits in the design spec, which should also, I guess, put limits on caliber size. I think those are probably both good -- add values to the ordinance language, not necessarily for this applicant, but for, you know, we never know what could come down the road. So Commissioners, any other thoughts or a motion, please? KOVACEVIC: I'm going to ask the other Commissioners -- ask all the Commissioners, does it make sense to require a special use permit even in C-2 and C-3, because of the 24- hour operation of those in -- allowed under those zoning classifications? And then I guess I would just make the statement that I think this is appropriate for C-C and C-1 because it's not that active. They take up a lot of space, but there aren't that many people using it at any one time. And you know, as a result, it's a low -- it's a low impact activity, assuming the sound is controlled. So those are my only other comments. GRAY: Commissioner Corey? COREY: I would say it's probably not preferable that something like this would be 24/7, and I don't know what standard are these typically, you know, based on during the day -- working hours, right, like? SEAN: And evenings. They'll have, like, up until 9 o'clock -- that's pretty popular Town of Fountain Hills Page 19 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 19 of 53 because people can't shoot during work, and they have to shoot afterwards. COREY: Have you seen these go 24/7 anywhere, like? Sorry. SEAN: No. I have not. No. COREY: Okay. SEAN: And we wouldn't be -- yeah, that would be a lot of work, but. COREY: So maybe it's something we could put in there and if somebody wanted to come in into a C-3 -- C-2, C-3, it would just have that stipulation that it's not 24/7, yeah. GRAY: I think we might really muddy things up. DEMPSTER: Yeah. GRAY: I -- DEMPSTER: I don't know what the concern with having a -- because it's fully contained inside. How is that a concern if it were 24-hour in C-2 and C-3. GRAY: Traffic. DEMPSTER: Traffic? WATTS: Around the building. Depending upon -- DEMPSTER: What about -- so movie theaters, arts, and music, furniture stores, hotels, motels, restaurants? Those are all allowed in C-2, C-3 without a special use permit with traffic incoming, going, and dumpsters and -- WESLEY: If you don't mind, I'll add to that. You've got liquor stores, hotels, motels, spas, and gyms, pool halls, billiard halls; those can all be 24 hours in a C-2 and C-3. So I'm not sure what's different about this one -- DEMPSTER: Yeah. I think we're -- WESLEY: -- compared to those. DEMPSTER: -- complicating this. COREY: But maybe it's safe to say that they're most likely not going to be 24/7, though. GRAY: I definitely think we don't want to extend 24-hour to C-C and C-1, right? WESLEY: No, right. GRAY: That's part of the reason that this carveout is happening. I'd go the other way with it and say that because of the, you know, regional versus local, you know, we're building a bridge here to allow something in C-C and C-1 under special use permit. I'd maybe take that a little bit further and say, in those two zoning designations that it's Town of Fountain Hills Page 20 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 20 of 53 membership only or membership only with a law enforcement carveout that we don't open the door to a regional catchment in C-C and C-1. I don't think regional catchments are appropriate. Again, the lens that I keep taking on these types of topics is, you know, if you own the properties adjacent, you know, and you spent X amount of dollars on that parcel and built on it, you know, who are we to say, well, the stakeholder next door just got to rewrite the rulebook. I don't care for that. So I would propose that we say that C-C and C-1 are membership only with a law enforcement, you know, qualifying carveout. I don't know what the language would necessarily be there. But tie it down a little tighter there, but leave the C-2 and C-3 component alone because of all of our other uses. So that's my thoughts. WATTS: So just for clarification, you want to leave C-C and C-1 is under special use permit only -- GRAY: Um-hum. WATTS: -- but then carte blanche on C-2 and C-3? GRAY: Yeah. WATTS: I mean, that's effectively what John said, is that they can put anything in there. GRAY: Yeah. WATTS: And I'm sensitive to the neighbors as well, but I think the design of the facility negates or minimizes any of that potential noise from escaping. So I'm not sure that there wouldn't be more traffic by including it in C-2 and C-3. So maybe even excluding it from C-2 and C-3 but including it for C-C and C-1. GRAY: You got to take me through that again. WATTS: Yeah, I'm confused as well. So maybe a question for Farhad. If the applicant applied for C-2 or C-3 today, would there be any restriction other than the interpretation of a recreational facility? TAVASSOLI: Mr. Chairman, Commissioner, no. No, there wouldn't -- WATTS: So they could put -- TAVASSOLI: -- would not be. GRAY: Except that we could put the cap on the feet per second and the trap design, which would at least cap the size or velocity of the round that could be discharged Town of Fountain Hills Page 21 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 21 of 53 without a special use permit in C-2 and C-3. TAVASSOLI: Right. And that certainly can be -- WATTS: But do you -- TAVASSOLI: -- codified in there at some point. WATTS: -- earlier point, you would -- TAVASSOLI: It's not yet. WATTS: We don't have that integrated into the building codes at this point. It's by their design. So until we get that integrated in and if we get it integrated in, then they could. GRAY: But we could say, allowed by right, at this -- under these parameters. WATTS: Yeah. You would imply that any future consideration would be applicable to those conditions; you could do that. GRAY: Yeah. I'd much rather do that than leave it to the interpretation of, you know, whosever the planner 15 years from now. WATTS: Right. GRAY: I think that's the -- you know, we'll often times say, you know, well Farhad would catch it. Maybe Farhad's not here in a decade, you know. WATTS: Right. GRAY: And the next person will say, well, I don't interpret it that way. So I think where we can put that limited -- and we heard, you know, really nondiscriminatory constraint on it, I think why not? WATTS: Well, there's no objection from the applicant. So you know, they're willing to do pretty much whatever because they're comfortable with the design and their membership for their clientele. I'm good with that. GRAY: Okay. Let's take a stab at a motion if we're okay. Any other discussion? No? Okay. So I'm going to open motion language here. So in relation to Agenda Item 5, case number TAM22-06, motion to forward a recommendation of approval to modify the various zoning chapters within the agenda item text there with the caveat that the definition include the design standard for max trap design AR500 and max velocity on the round discharge at 3,000 across all categories and require a special use permit to go above and beyond those parameters in all categories, in particular C-2 and C-3, require that designs be conducted under and measured against the NRA Range Source Book; is Town of Fountain Hills Page 22 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 22 of 53 that right? TYLER: Some of the verbiage that you used. I mistakenly used the 3,000 feet per second just as a filler. That might need to be looked into in comparison to the NRA book. And then second, in conjunction with the AR500 -- in relation to the trap -- there's multiple different designs for traps. And the design for this project does not use AR500, but uses rubber for that. So using that kind of verbiage would be slightly -- GRAY: Or equivalent. TYLER: Yeah. Or something along those lines. GRAY: Okay. Fine. TYLER: Thank you. GRAY: Thank you. So I'll modify the AR500 to say AR500 or equivalent. And I'd like to see if this floats at the vote that we would constrain the C-C and C-1 to be membership only with a carveout for law enforcement qualification. SEAN: Or special events? In other words, if I wanted to invite the Town Council to the range you don't have to be a member? Something like that? We'd want to be able to have special events. WATTS: Very infrequent, I'd say, "yes". GRAY: Agree? Okay. Or special events. SEAN: Sorry. (Indiscernible). GRAY: The Council has to vote on it, so. SEAN: Yeah. WATTS: The only other thing you want to make sure you've got is we just did the 3,000 followed by FPS, so there's a clarification there. GRAY: Okay. Farhad, is that clear on the motion? TAVASSOLI: Yes. Yes, I've been jotting that down, Mr. Chairman. It's a good thing we now have our -- GRAY: We have fancy software. TAVASSOLI: Yeah. So. COREY: Just a quick note. Did you want to mention that NRA Range Source Book? GRAY: We did. COREY: Okay. Town of Fountain Hills Page 23 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 23 of 53 GRAY: So we've got AR500 or equivalent. Trap design standard. Cap on the feet per second of the round at 3,000. We've got the NRA Range Source Book as a design standard. And we should say that the NRA Range Source Book should prevail over the FPS qualifier. And proposing that we include membership only, law enforcement qualification or special events specific to the C-C and C-1 zoning districts. COREY: Second. GRAY: Paula, can we do a roll call vote, please? WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: Aye. WOODWARD: Commissioner Dempster? DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Seven-zero. GRAY: Thank you, Paula. Okay. Now, the complimentary Agenda Item Number 6, public hearing consideration on public action on special use permit to allow the indoor shooting range on the existing commercial building, located at the intersection of North Saguaro Boulevard and East Shea Boulevard in the C-1 Neighborhood, Commercial, and Professional Zoning Districts. Farhad, presentation again, please. TAVASSOLI: All right. Thanks again, Mr. Chairman, members of the Commission. So as I mentioned in my previous presentation, this came before you originally as a rezone request back on September 12th. It was a rezone request from C-1 to C-2 now. Just in ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: SPECIAL USE PERMIT to allow an indoor shooting range on an existing commercial building within a 1.43-acre parcel generally located approximately 1,400 feet southeast of the southeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 17205 E. Shea Blvd; APN#176-10-247) in the C-1 – Neighborhood Commercial and Professional Zoning District. Staff Summary (Background) SOT USA, LLC is requesting a special use permit to allow an indoor, live-fire gun range. The property is located on the west side of Shea Blvd. (17205 E. Shea Blvd), approximately ¼ mile southeast of the intersection Shea Blvd. and Saguaro Blvd. The property has been zoned C-1 since 2003, when it was rezoned from R1-43. The 62,130 sq. ft. subject parcel contains a 7,500 square foot unit and was completed in 2008. Tenant improvements are currently underway for a gun shop, which will cover a little over half of the unit. The applicant intends to use the remainder of the unit for a live-fire gun range. Design measures will be taken within this portion of the building to contain noise from gunfire entirely within the building. As described in the applicant’s narrative, the applicant originally requested a rezone to the C-2 zoning district due to the desire to locate an indoor firing range inside an existing building. In light of a recent zoning ordinance text amendment allowing indoor shooting ranges in the C-1 zoning district with an approved special use permit, the applicant has modified their request accordingly, thus eliminating the concerns that are often accompanied by a rezone request to a C-2 commercial district, such as 24-hour operations. Furthermore, the indoor shooting range will be primarily member-based and able to accommodate gun calibers designed to be withstood by an AR500 steel grade rating or equivalent bullet trap design standard. Exceptions to the member-based requirement include law enforcement and military personnel, and special event participants. Although the unit is contained on an individual parcel, it is part of a larger commercial strip center containing a number units, including offices for Remax, State Farm, Roof King and Neuro Health Solutions. The neighboring parcel that houses these businesses is also zoned C-1. The neighboring properties to the west and south are zoned R1-43 and contain detached single-family homes on large lots. Cereus Wash is adjacent to the north. The Crossroads Business Center, zoned C-2, is across Shea Blvd. to the east. The Character Areas Plan from the 2020 Fountain Hills General Plan designates the property as part of the Shea Corridor and within the Primary Town Center Gateway. The Shea Corridor is characterized by low intensity, auto-oriented, strip retail development. The Plan stresses non-residential uses in this area, which abut residential areas, must always provide an adequate buffer or transition zone, while also recognizing the necessity for rezoning to allow the flexibility to create the desired gateway entry. Similarly, the Primary Gateway functions to draw more visitors to the Town and support a strong tax base and robust local economy. Typical zoning patterns place the most intense zoning and land uses at major arterial intersections and along major streets and then step down to less intense zones and uses to provide buffers and transitions to residential areas.  The C-1 and C-C zoning districts are the least intense commercial zoning districts in the Town.   Analysis The zoning ordinance Section 12.04 allows consideration of certain uses within the C-C and C-1 zoning districts with approval of a Special Use Permit (SUP).  Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  Section 2.02 D. 5. of the Zoning Ordinance states:    5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town.   Many of the impacts for the live fire range in particular can be addressed through site and building design, particularly to the interior.  In this case, the applicant will mitigate impacts by insulating the building to prevent gunfire noise from escaping the building.  The Town Council may consider additional details such as hours of operation, traffic impacts, separation from neighboring uses. It is Staff's opinion that the indoor shooting range would not be inappropriate for the area, given the mitigation and safety measures the applicant will implement in accordance with state and federal laws. This area has been planned and zoned for commercial uses since the founding of Fountain Hills.  Most of the area has been developed and used for a variety of commercial activities. This is one of last lots to be developed and has been vacant for many years. The General Plan recognizes that the area of Shea and Saguaro Boulevards is under transition and a good place to locate a mix of office, retail, entertainment, and residential uses.  Given the proximity to the SR 87 Highway, this is a good location attract and serve both local and regional needs.    Citizen Participation As part of the original rezoning application, the applicant was required to provide a Citizen Participation Plan detailing how they will engage the public regarding the proposed rezoning and  use of the property.  That plan included sending a letter to property owners within 300' of the property and inviting them to a meeting.  The meeting was held on June 14 at 1:00 pm.  No one came to the meeting.  That notice did, however, generate an email from a neighbor expressing opposition to the proposed rezoning. Since then, the application was modified into a special use permit request. After public notification letters were sent out to inform residents of the Commission hearing, staff received two phone calls from neighboring residents. Although the residents expressed their concerns through a series of questions and comments, none resulted in formal opposition to the request.      Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.04 - Uses Subject to Special Use Permits in the C-C and C-1 Zoning Districts Only General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) At their regular meeting on November 14, 2022, the Planning and Zoning Commission determined the requested SUP met the criteria for approval and unanimously recommended approval (7-0) of the Special Use Permit. Staff Recommendation(s) Staff supports a recommendation for approval of this Special Use Permit. SUGGESTED MOTION MOVE to approve the Special Use Permit to allow an indoor firing range at 17205 E. Shea Blvd. Attachments Case Map  Applicant Narrative  Site Plan  Citizen Participation Plan Report  Pages 23 through 33 from the PZC Meeting Minutes  Form Review Inbox Reviewed By Date Development Services Director John Wesley 12/19/2022 03:30 PM Finance Director David Pock 12/20/2022 09:00 AM Town Attorney Aaron D. Arnson 12/20/2022 11:24 AM Town Manager Grady E. Miller 12/20/2022 01:20 PM Form Started By: Farhad Tavassoli Started On: 12/19/2022 01:52 PM Final Approval Date: 12/20/2022  CASE: SUP22-003 SITE / ADDRESS: 17205 E. Shea Blvd. APN # 176-10-247 REQUEST: SPECIAL USE PERMIT to allow an indoor shooting range on an existing commercial building within a 1.43-acre parcel generally located approximately 1,400 feet southeast of the southeast corner of N.Saguaro Boulevard and E.Shea Boulevard in the C-1 –Neighborhood Commercial and Professional Zoning District. Site Location TOWN LIMITS Town of Fountain Hills Page 23 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 23 of 53 GRAY: So we've got AR500 or equivalent. Trap design standard. Cap on the feet per second of the round at 3,000. We've got the NRA Range Source Book as a design standard. And we should say that the NRA Range Source Book should prevail over the FPS qualifier. And proposing that we include membership only, law enforcement qualification or special events specific to the C-C and C-1 zoning districts. COREY: Second. GRAY: Paula, can we do a roll call vote, please? WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: Aye. WOODWARD: Commissioner Dempster? DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Seven-zero. GRAY: Thank you, Paula. Okay. Now, the complimentary Agenda Item Number 6, public hearing consideration on public action on special use permit to allow the indoor shooting range on the existing commercial building, located at the intersection of North Saguaro Boulevard and East Shea Boulevard in the C-1 Neighborhood, Commercial, and Professional Zoning Districts. Farhad, presentation again, please. TAVASSOLI: All right. Thanks again, Mr. Chairman, members of the Commission. So as I mentioned in my previous presentation, this came before you originally as a rezone request back on September 12th. It was a rezone request from C-1 to C-2 now. Just in Town of Fountain Hills Page 24 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 24 of 53 light of the previous approval for the text amendment that has since changed to a special use permit request for an indoor shooting range at 17205 East Shea Boulevard. So a lot of this is -- nothing with respect to the applicant's request has changed since September, so it's really just the fact that it's a special use permit case now. So this is within an existing building on about a 1.4 acre property in a commercial strip center that is zoned C-2 -- I beg your pardon, C-1 -- about 1,400 feet southeast of the intersection of Shea and Saguaro. And so again, a special use permit request in a C-1 zoning district. It is a proposed indoor live fire range. There is a gun shop on the property. I'm not sure if it's opened yet, but it is allowed by right in the C-1 zoning district. So the special use permit is just for the 7,500 square foot -- I beg your pardon. The building is 7,500 square feet; I think a little -- about half of that or maybe a little bit less is proposed for the indoor live fire range. We'll see a site plan here coming up. So once again, as I discussed in my previous presentation -- I'm not going to read all of this, but the purpose and intent of the C-1 zoning district is to allow small enterprise businesses serving the immediate neighborhood and also providing services for the community as well. And there's particular attention often given to the interface between the commercial use and the neighboring neighborhood, and that's partly the reason why this is a special use permit case before you determine whether or not the use is compatible with the adjacent neighborhood. You've seen the aerial before, but this is just to give you an idea of the surrounding zoning. As I mentioned, the subject property is zoned C-1. It is -- to the west, rather, it is zoned R-143, so single family residential with a minimum lot size of 43,00 square feet. And across the street on Shea you'll see C-2, C- 1 again to the south. And up there where the R-5 is you see some multi-family residential there across the Cereus Wash. This is an overall site plan of the commercial center there. This building has been in existence since 2008, and only recently has staff been seeing new tenants wanting to establish businesses there. Among some of the businesses, include a -- I believe it's a neuropathic medical center. There's a State Farm Insurance, as well as some other office uses as well. Zooming in a little bit to the actual unit within the strip center, all that you see there hatched is the live fire range component of this gun shop. So it's about half of Town of Fountain Hills Page 25 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 25 of 53 the unit there. You've seen this before. This is a color rendering, obviously, of the exterior. I've shown these pictures at the previous presentation. This is the frontage along Shea. You'll see the building tucked away in the back there away from view from Shea. And some more pictures from within the center. You see the wall in the distance there. That's about an 8 foot wall separating this commercial center from the single-family residential unit right behind it. This here is taken from Firebrick Road on the west side. You can see the separation of uses by that wall. So Section 2.2, now that this is a special use permit case, establishes standards for review. And so this would require an SUP since it is the C-1. So some of the things that Council -- or Commission in this case can consider is the nature of the use, some special conditions pertaining to the property, proposed location, and other things, such as traffic, that might impact the use. Staff is recommending approval of the special use permit case here. We find that's it's generally consistent with the general plan, goals, and policies, and it's minimally, as we believe, minimally impactful to the adjacent neighborhoods. With that, I'll conclude my presentation and open up to questions, as well as the public. GRAY: Commissioner Watts? WATTS: With the restrictions, how hard is it to change the application from a special use permit for C-1 to just C-2 or C-3? Now that we've opened up the doors for them to be able to go with C-2, C-3? GRAY: They'd have to move parcels. WATTS: They can't do that? GRAY: It's a C-1 parcel. TAVASSOLI: So right, Mr. Chairman, Commissioner. Yeah, well, it is a C-1 parcel. There's no proposal before to rezone it. You'll be taking action on the special use permit request as presented. So there's no -- WATTS: So the -- TAVASSOLI: It's pretty much obsolete now, the -- WATTS: The only thing they could do is change the application from a special use permit for C-1 to special use permit -- Town of Fountain Hills Page 26 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 26 of 53 TAVASSOLI: Correct. WATTS: -- for C-2. TAVASSOLI: Correct. WATTS: Or to get it rezoned C-2. TAVASSOLI: Right. And then that would mean us coming before you and reding it into the record and taking action accordingly. WATTS: That answered my question. Thank you. TAVASSOLI: Sure. GRAY: Farhad, just, I suppose point of order clarification, the eventual action on Agenda Item 6 with the Council would be contingent on the result of Agenda Item 5, correct? TAVASSOLI: That is correct. GRAY: Okay. Commissioners, final comments before we open to public hearing? Paula, any speaker cards? WOODWARD: Yes, Chairman. One speaker. Lou Taylor (ph.). GRAY: Thank you, Paula. TAVASSOLI: I'm just going to put it here -- open the aerial here in case anyone wants to refer to it. LOU TEYLER: Good evening. I'd like to thank all of the Commissioners for their obvious astute information that they have, for their attention to what is being considered in terms of looking at both the neighborhood in the residential and the commercial aspect, and for your time and devotion to doing this. Because we really appreciate that as residents of Fountain Hills. So thank you. Just to start very quickly, I want to thank Mr. Gray for having the eyes of the next door neighbor because my husband and I are the next door neighbors. We live in the residential property that abuts the building. So our property line ends right where that wall starts that is the parking lot. And number one, I just wanted to let you know that we had no notification of any of this happening until the end of October when I walked past the back of the building, walking my dog down the street, and saw the public sign on the property that there was a zoning change. That very same day we happened to receive three letters, all the same, regarding this special use permit instead. So the Town of Fountain Hills Page 27 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 27 of 53 communication really wasn't there at the beginning but did come at the end. I want to start with the positive things. They have -- Sean and his people -- his architect and everything -- they have improved the look and the safety of that area and that building 100 percent. It looks fantastic. It's been cleaned up. There's security lights there. They were responsive when people said, hey, those lights are shining up into our house of the people across the street. And they did put the hoods on their security lighting on the side of the house -- on our side -- they put hoods on. Our only lighting issue is inside the store. The inside lights are very bright and there's no way -- at this point, they're still in the construction phase -- but there's no way that those lights are blocked from shining right into our living room when we sit down in the evenings. So one of the things I'm concerned about is the hours of operation and how we can -- and Sean has said that he would work with us in trying to regulate that lighting so that it doesn't come into our living room. But the hours of operation are extremely important to us, and that affects noise as well. If there is a noise factor, and we've been assured that there will not be, that there will be 100 percent no noise. But we've been assured of that, that would be of concern to us as well. Am I on a time limit? GRAY: Well, you were, but Farhad was quick, so we'll -- LOU TEYLER: Since I'm the only speaker, could -- GRAY: -- give you some more time. LOU TEYLER: -- I say a few more things? GRAY: Yes, ma'am. LOU TEYLER: Thank you so much. Yeah. The hours of operation are important. The lighting inside of the store that reflects into our house is important. Sound is important. But the most important thing is safety. And therefore, having this as a membership only club with a carveout for police or whoever -- military -- whoever, is extremely important to us. So I thank you for your consideration of all of those things. And I would like to reinforce that those are essential when you're in an area that connects to residential property. Thank you for your attention. GRAY: Thank you, Ms. Taylor. No more speaker cards? WOODWARD: No, Chairman. Town of Fountain Hills Page 28 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 28 of 53 GRAY: Okay. We'll call Farhad back up. I just want to ask a question. The light egressing out from the construction, I assume that's something that's under mitigation. SEAN: No. Now, so Lou -- I'm sorry, I forgot your last name. GRAY: Teyler. TEYLER: Teyler. GRAY: Teyler. SEAN: There are patron of our business every day. I could set my watch to walking the dog and all the alarms that go off at our building. But in our showroom, it just happens to work out that we have these little windows above, and they do just go straight across into their -- I don't know what part of the house -- but the part that is annoying. So we're actually having them do the shading on the windows, like, next week. And I'll ask them if they can shade both sides of just the windows that would let light into their area. But as far as hours -- this is only when we were working late, right? Like 6 o'clock at night. LOU TEYLER: When it starts to get dark is when -- SEAN: Yeah. So our normal hours of operation are pretty much 9 to 5. But that doesn't mean that on special occasions it'll be open later. So when they do do the windows I will ask them if there's an answer for those -- I think it's about 12 windows that would let light out. So we'll see if we can do something about that. GRAY: I appreciate that. SEAN: And I've given you our number, right? TEYLER: Yes. SEAN: So I didn't get the feedback. So we did move the lights, but apparently, it didn't fix the problem, correct? Once we moved the lights. LOU TEYLER: The problem isn't fixed. SEAN: Yeah. So we did move them, trying to get them out of their range, but that's what we'll have to do next. GRAY: Okay. SEAN: So we don't have a problem doing that. GRAY: No, I appreciate you addressing that. SEAN: Okay. GRAY: Commissioners? Commissioner Kovacevic? Town of Fountain Hills Page 29 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 29 of 53 COREY: Oh, sorry. KOVACEVIC: I just wanted to ask Farhad, if you could bring the site plan up again. The letter that was sent -- if you could put -- TAVASSOLI: The overall? KOVACEVIC: Yeah. Can you maybe just show us on that site plan what the issues are from that letter? TAVASSOLI: I'm sorry, Mr. Chairman, Commissioner, in reference to the -- KOVACEVIC: It was a letter that -- TAVASSOLI: -- light leakage or -- KOVACEVIC: There was a letter that Paula sent around. TAVASSOLI: Okay. KOVACEVIC: So. TAVASSOLI: I think what was being explained in the initial request, which was the rezone, Ms. Tyler had not received a letter from our office. However, in the second round of letters that went out for the SUP, apparently, she did receive the letter. DAPAAH: I think he's referring to the letter -- KOVACEVIC: The walkway from the neighborhood. TAVASSOLI: Oh, I beg your pardon. The email, which I actually printed out here. DAPAAH: Yeah. The letter that came from Mr. Flynn. TAVASSOLI: I'm sorry, yes. Okay. Scratch that. Okay. So -- yeah, the walkway being referred to is right here. I guess they were advocating some limited accessibility. And I'm sorry, I don't have the letter in front of me. WOODWARD: Farhad? TAVASSOLI: Yeah. WOODWARD: May I read this? TAVASSOLI: Yeah. Could you please read it into the record? WOODWARD: All right. So this is on behalf of Jeff (ph.) Flynn. He wrote in on Agenda Item Number 6. "I wish to submit the following written comment. Our home is directly behind the property. The rear parking lot, which seems to anticipate a high amount of use, sits a very short distance from the bottom of our driveway. We would prefer not to have an indoor shooting range so close to our property, especially Town of Fountain Hills Page 30 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 30 of 53 considering there was C-1 space available in the Target plaza. But we would support issuing this permit as long as suitable and tasteful barrier wall is built that shields the view of the parking lot, mitigates the increased lighting and noise, and discourages or eliminates use of the connecting staircase. Thank you." TAVASSOLI: I can go back to that photo. Excuse me as I look through these real quick. Okay. So here on the photo on the right in the foreground is the walkway. It's really a ramp leading down into the back of the building there. GRAY: That's probably an egress path, right? UNIDENTIFIED SPEAKER: It is. GRAY: So -- TAVASSOLI: Yeah, from Firebrick. GRAY: That's probably not something that we have -- the fire marshal would have more control over that than we would, I would think. I'm not sure I fully grasp the concern about the boundary wall between the parking lot. Is that just -- is that just to shield vehicle use from the residents? I mean, we're making assumptions, I suppose, right? TAVASSOLI: As far (indiscernible), yeah. GRAY: But I -- SEAN: Can I make a comment? TAVASSOLI: Yeah. Go ahead. GRAY: Hold on one second. Go ahead, Commissioner. COREY: I was going to say it could be because that back wall is more of, like, a retaining wall than a boundary wall. If you see where the other property is it looks like a wall-wall, but in the back of the property along Firebrick -- see how it's kind of more of a retaining wall there? They may be referring to having more height in that wall. SEAN: It's already down about 6 to 8 feet. Because there's a huge wall already built. But if I can make a comment on the site plan I could explain it to you really quickly. GRAY: If you would. If you don't mind, please. TAVASSOLI: Do you want me to go back to the site plan -- the overall site plan? Okay. That one there? SEAN: The actual aerial. So this -- we actually -- my architect, Ralph (ph.), we got the same complaint or whatever. And we did talk to the renter. Again, this is somebody Town of Fountain Hills Page 31 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 31 of 53 who's not even in the state. But if you look at Firebrick Drive and you see the red outline, and then you see that long, curved driveway? That's at least 100 feet above us. So I'm not -- I'm just confused on the whole comment because -- do we need a 110-foot retaining wall so that their house is protected? Because I don't understand what they're trying to accomplish here. Their driveway starts down there, and then you drive all the way up. And I believe it's probably 100 feet, maybe more. The renter, he doesn't have a problem at all. But I don't know what they're trying to do. That walkway between the property and the parking lot, it goes down. And we're, like I said, 6 to 8 feet recessed down in the ground. And it is used a lot. I mean, like I said, we know when anybody's on the property because it's on our property. And then the one that goes off the property is at the front of our property. So we know anybody and everybody, including the homeless people that go through there. But I don't know what the resolution to their complaint is because there's nothing feasible -- GRAY: Yeah, I think -- you know, if we were in a different scenario -- what was the date of that letter? Does anybody know? Was that recent? WOODWARD: Which one? COREY: The one you read. GRAY: It was today? WOODWARD: It was today. GRAY: Okay. WOODWARD: Yes. GRAY: I guess I didn't see that before the meeting. If the scenario were different and we were talking about rezoning, and we were talking about different hours of operation or we were talking about a modification to the parking schema for the master plan there, then I think that there's reason to deliberate that. But given we're not changing those things, I don't think we have jurisdiction on that front. Farhad, unless you see that differently, I don't think that that's -- I mean, I appreciate the concern, but I don't think there's anything that has -- we're not fundamentally changing the use or the -- well, the use of the property or any of its parameters, so that's not really in our purview, unfortunately, so. Commissioner Watts? WATTS: I did walk the property. I did look at the elevations. And I don't think it'd Town of Fountain Hills Page 32 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 32 of 53 quite make 100 feet, but it's probably between 60 and 75 feet. But there is a significant elevation change. And I also would agree that it is a retaining wall because it's a hillside, and the path goes up. And the other things is I would assume that that walk was installed at the bequest of whoever got the zoning originally, and that was probably a condition that we probably can't usurp. So. GRAY: Well, it was C-1. And that's the neighborhood district the C-1 is supposed to be supporting, right? So. WATTS: Right. So it makes sense. GRAY: It makes sense. Commissioner Corey? COREY: I was just going to comment. The one thing we probably could do is just discourage people from parking on the street that are going to use the facility. You wouldn't want them -- you know, wouldn't allow them to park out there on the street. SEAN: Oh, if that was one of their concerns, absolutely. But they are completely separated, and we have ample parking on the property ourselves. So if that was in there and I missed it, well, then, that is a valid concern. COREY: It was not in the letter, no. SEAN: Oh, okay. COREY: But just -- GRAY: Reasonable inference. COREY: Yeah. SEAN: Yeah. No, for sure. But no. believe me, there is plenty of parking on our property. GRAY: Okay. Go ahead, Commissioner Dempster. DEMPSTER: Just to clarify, too. I've been in that home. And to clarify, a wall is not going to -- because of the elevation -- is not going to shield anything, because it does whatever the footage is -- it 's very highly elevated. And they have great views going in the other direction, too, you know. That's the front -- SEAN: The last thing I'd -- DEMPSTER: -- of the house. SEAN: -- want to be doing with that house is looking down. I mean, they've got a beautiful view. Town of Fountain Hills Page 33 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 33 of 53 DEMPSTER: Yeah. They have views surrounding them. GRAY: All right. So I think, to Ms. Tyler's points we've addressed or are in the process of addressing, just as a neighborhood relations, the lighting component, hours of operation. We're staying under the C-1 considerations. And I think our Agenda Item 5 also mitigated use types. So I think we're -- I think we're in pretty good shape here. Commissioners, any other comments, or could I request a motion from the Commission, please? Commissioner Dempster? DEMPSTER: I would like to make a motion. I'd like to move to approve this special use permit to allow an indoor firing range on 17205 East Shea Boulevard. GRAY: And could just we make it contingent on Agenda Item 5? DEMPSTER: Contingent upon Agenda Item 5. GRAY: Thank you. Second? KOVACEVIC: Second. GRAY: Paula, roll call vote, please. WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: Aye. WOODWARD: Commissioner Dempster? DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Seven-zero. GRAY: Thank you, Paula. All right. Agenda Item 7. Review and discuss amendments to -- or possible amendments to Zoning Ordinance Chapter 7, parking and loading ITEM 8. H. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Town Council discussion, consideration, and possible action of adding an invocation on future Town Council agendas.   Staff Summary (Background) Councilmembers Allen Skillicorn, Hannah Toth, and Brenda Kalivianakis have formally requested that the Town Council discuss and possibly consider resuming the invocation as part of Town Council meetings.  The Town Council meetings previously featured an invocation at the beginning of the agenda for a number of years.  Spiritual leaders such as priests, pastors, and rabbis from Fountain Hills-based places of worship led the invocation at the beginning of each meeting.  The invocation was replaced with a moment of silence during the Covid-19 pandemic.  Town Attorney Aaron Arnson provided, under separate cover, a memo with additional background and advice on this matter to the Mayor and Council, which may assist the Council's decision on this item.   Related Ordinance, Policy or Guiding Principle Town Council Rules of Procedure, Section 5.2. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) This is a Council agenda format and policy-related matter for the Town Council to determine.  Staff will implement the Town Council action on this matter.    SUGGESTED MOTION Move to add the Invocation to all future Town Council meeting agendas.   Form Review Inbox Reviewed By Date Finance Director David Pock 12/19/2022 02:29 PM Town Attorney Aaron D. Arnson 12/20/2022 02:43 PM Town Manager (Originator)Grady E. Miller 12/20/2022 03:44 PM Form Started By: Grady E. Miller Started On: 12/13/2022 08:40 AM Final Approval Date: 12/20/2022  ITEM 8. I. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE DIRECTION: Possible repeal of Sign Ordinance Section 6.07, Section 6.08, and Resolution 2012-31.   Staff Summary (Background) Councilmembers Allen Skillicorn, Hannah Toth, and Brenda Kalivianakis have requested this item to be added the Town Council agenda to consider making changes to the sign ordinance.  Specifically, the request is to repeal Section 6.07, Section 6.08, and Resolution 2012-31.  Section 6.07 contains general regulations such as what sign types are not allowed, what locations are not allowed, how to measure sign area, and some design guidelines.  Section 6.08 provides specific regulations regarding location, number and size for each allowed sign type, both permanent and temporary signs.  Resolution 2012-31 currently imposes a sign free zone for commercial and political signs in street medians as well as highly visible streets such as Shea Blvd. In 2021 the Town Council adopted Ordinance 21-09 and Resolution 2021-02 to ensure compliance with the 2014 U.S. Supreme Court decision in Reed v. Town of Gilbert.  The Reed v. Town of Gilbert decision held that all sign regulations have to be based on location, size, type, material, number of signs rather than by content.  Removing Sections 6.07 and 6.08 eliminates these regulations from the sign ordinance.  If this occurs, there will be no regulations on any signs regarding the number, size (except ultimate height based on the zoning district allowance), location or quality of signs.   The Town Attorney's Office reviewed the question of whether the Town Council can take up repeal/rescission of an ordinance without sending it through P&Z first. The Town Attorney's Office believes the answer is unclear, but that sending through P&Z is the more defensible process. A.R.S. 9-462.03(B) provides: “A zoning ordinance that changes any property from one zone to another, that imposes any regulation not previously imposed or that removes or modifies any such regulation previously imposed must be adopted following the procedure prescribed in the citizen review process and in the manner set forth in section 9-462.04.” Here, we are dealing with a zoning ordinance, and it is proposed to “remove or modify a regulation previously imposed” – i.e., eliminating the sign code regulations. Such actions “must be adopted” after the citizen review (P&Z) procedure. This is the most legally defensible conclusion and the one that is the most consistent with our practice.     If this is not politically feasible, it can be argued the alternative – i.e., that the Council can take up a  If this is not politically feasible, it can be argued the alternative – i.e., that the Council can take up a repeal in the first instance because eliminating a sign code regulation isn’t the type of “regulation” envisioned with zoning matters. While the Town Attorney doesn't think the argument is as strong, it’s still potentially doable. Related Ordinance, Policy or Guiding Principle The U.S. Supreme Court case of Reed v. Town of Gilbert, Ordinance 21-09 and Resolution 2021-02, and Resolution 2012-31. Risk Analysis By removing all sign regulations, the Town of Fountain Hills may experience unintended consequences.   Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission has not reviewed this request nor rendered an advisory recommendation in this matter. Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to repeal Town Code Section 6.07 Section and 6.08 as well as Resolution 2012-31. Form Review Inbox Reviewed By Date Finance Director David Pock 12/20/2022 03:56 PM Town Attorney Aaron D. Arnson 12/21/2022 08:33 AM Town Manager (Originator)Grady E. Miller 12/21/2022 10:30 AM Form Started By: Grady E. Miller Started On: 12/13/2022 09:04 AM Final Approval Date: 12/21/2022  ITEM 8. J. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE DIRECTION: Adopting Planning and Zoning recommendations relating to community residences (sober living group homes) that were modified or not enacted by the Town Council previously. Staff Summary (Background) Councilmembers Allen Skillicorn, Hannah Toth, and Gerry Friedel have requested this item on the Town Council agenda to consider making changes to the Zoning Ordinance regulations pertaining to community residences (group homes).  Specifically, they have asked that Council consider making changes to the ordinance as approved by Council on May 3, 2022.  The request is that the Council review and amend the ordinance to include items that were recommended by the Planning and Zoning Commission that were not included in the adopted ordinance.  The request for this consideration was made in regards to sober living homes.  Please note that sober living homes are just one kind of group housing allowed within this category.  Any changes would impact all of the community residences.   Attached for your consideration is a summary of Section 5.13 of the Zoning Ordinance which lists the modifications made to the ordinance as recommended by the Planning and Zoning Commission. Should the Council agree that possible modifications should be discussed and considered, the discussion would need to take place at a noticed public hearing.  Because the request is to further consider items that have already been discussed and recommended by the Planning and Zoning Commission, this would not need to return to the Commission for a public hearing.  The notice of a public hearing must be published in the newspaper at least 15 calendar days prior to the hearing.  Therefore, the earliest this could be back on the Council agenda for hearing and consideration would be February 7. Related Ordinance, Policy or Guiding Principle Fair Housing Act, Americans with Disabilities Act, and other federal and state regulations.   Risk Analysis Staff recommends that the Town Council take into consideration that the regulations for community residences need to be consistent and will apply equally to not only sober living homes but also other community residences such as assisted living group homes, special needs group homes, and other non-sober living home environments.   Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission had previously submitted its recommendations to the Town Council as part of its review of community residences.  The attached document compares what Planning and Zoning recommended versus what was enacted by the Town Council. Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to revisit adopting Planning and Zoning recommendations relating to community residences (group homes) that were modified or not enacted by the Town Council previously. Attachments Comparison of P & Z Sober Living Recommendations  Form Review Inbox Reviewed By Date Finance Director David Pock 12/27/2022 08:32 AM Town Attorney Aaron D. Arnson 12/28/2022 08:23 AM Town Manager (Originator)Grady E. Miller 12/28/2022 09:53 AM Form Started By: Grady E. Miller Started On: 12/21/2022 10:37 AM Final Approval Date: 12/28/2022  Outline and Overview of Modifications of the P&Z Recommended Community Residence Ordinance with the Council Approved Ordinance 1. Definitions. No substantive changes. Adjusted cap on number of residents from the general definition to the specific residence types for clarification, but numbers stayed the same. 2. Section 5.13 A. Reduced the distance between homes from 2640’ to 1320’ (which is up from the 1000’ in the prior ordinance). Moved the requirement for a business license to Sec. 5.13 B. 3. Section 5.13 B. a. Eliminated the option for unannounced inspections b. Eliminated the requirement for insurance c. Adjusted the recommended language regarding the submission of a lease packet as prescribed by ARS 9 A.A.C. 12 Section 202 to a more general statement requiring a copy of the standard residency agreement. Upon review, it was determined the ARS provision included by P&Z is specific to Sober Living Homes and did not seem to accomplish the goal of the P&Z Commission. The revised language was better suited to the range of types of Community Residences and met the goal of the Commission. d. Added the language requiring a copy of the business license, as applicable. 4. Section 5.13 C. Removed the reference to insurance policy submission. 5. Section 5.13 D. Added this section to clarify application of the ordinance to existing residences. 6. Section 5.13 E. Waiver provision from ordinance recommended to P &Z was added back in to allow for consideration of possible unique accommodations that may need to be made in application of the ordinance. Amended review committee to address P&Z concerns. 7. Section 5.13 F (was 5.13 D in P & Z ordinance). This section addresses violations and penalties. The language added by P&Z was done without any staff review of input. Following the recommendation by the P&Z staff was able to review the proposed language and make adjustments to the wording was more similar to other penalty provisions in the Town Code and aligned the penalties with other penalties in Town Code. Accomplished the goal of the P&Z recommendation.