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HomeMy WebLinkAboutAGENDApacket__09-19-23_0737_518       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Sharron Grzybowski Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, SEPTEMBER 19, 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.         Town Council Regular Meeting of September 19, 2023 2     NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.INVOCATION - Pastor Jeff Teeples, Shepherd of the Hills Lutheran Church     3.ROLL CALL – Mayor Dickey     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.RECOGNITION: Stellar Students for the month of September.    B.PROCLAMATION: Designation of September 17 - 23, 2023, as Constitution Week.    C.PROCLAMATION: Designation of September 15 - October 15, 2023, as Hispanic Heritage Month.     6.PRESENTATIONS     A.Presentation and update from the Fountain Hills Unified School District Superintendent Dr. Cain Jagodzinski     B.Presentation on Town of Fountain Hills water management and conservation efforts.    7.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.   Town Council Regular Meeting of September 19, 2023 3     8.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 August 22, 2023.     B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a  beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on November 03, 2023.     C.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on December 08, 2023.     D.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on January 12, 2024.     E.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on February 02, 2024.     F.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on March 22, 2024.     G.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theater for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on May 17, 2024.     H.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the General Fund, Capital Project Fund, and Vehicle Replacement Fund.     I.CONSIDERATION AND POSSIBLE ACTION: Approving a Map of Dedication for Serenity Estates.     Town Council Regular Meeting of September 19, 2023 4     9.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: The Town Council will discuss and take a vote of support for the Fountain Hills Unified School District No. 98 November 7, 2023 bond election.      B.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Resolution 2023-06 declaring as a public record a document entitled "Parking Ordinance" and Ordinance 23-05 repealing and replacing Zoning Ordinance, Chapter 7, Parking and Loading Requirements.     C.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Request for a SPECIAL USE PERMIT to allow up to 7 apartment units in the CC, Common Commercial Zoning District, on three lots totaling 0.27 acres located north of the northwest corner of El Pueblo Boulevard and Ivory Drive (16822, 16828, and 16830 E. Pueblo Blvd). Case #SUP23-000006.     D.CONSIDERATION AND POSSIBLE ACTION: Approval of the IGA with the City of Mesa for fire dispatch services through the Mesa Regional Dispatch Center (MRDC).      E.CONSIDERATION AND POSSIBLE ACTION: Approving the Fourth Amendment to Cooperative Purchasing Agreement 2022-062 with Mesa Energy Systems for Heating, Ventilation and Air Conditioning related Services (HVAC)     F. CONSIDERATION AND POSSIBLE ACTION: Approving the Purchase of two replacement fleet vehicles from Peoria Ford      G.CONSIDERATION AND POSSIBLE ACTION: Approving Agreement No. 2023-008 for Community Center Improvements.     10.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.     11.FUTURE AGENDA ITEMS     12.ADJOURNMENT   Town Council Regular Meeting of September 19, 2023 5         CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2023. _____________________________________________  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. On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating. Town Council Regular Meeting of September 19, 2023 6   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  RECOGNITION: Stellar Students for the month of September. Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/11/2023 03:16 PM Finance Director David Pock 09/11/2023 05:21 PM Finance Director David Pock 09/11/2023 05:22 PM Town Attorney Linda Mendenhall 09/11/2023 05:57 PM Interim Town Manager Rachael Goodwin 09/12/2023 09:26 AM Form Started By: Angela Padgett-Espiritu Started On: 09/11/2023 03:08 PM Final Approval Date: 09/12/2023  ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of September 17 - 23, 2023, as Constitution Week. Staff Summary (Background) Mayor Dickey will be proclaiming September 17 - 23, 2023, as Constitution Week. Attachments Proclamation - Constitution Week 2023  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/11/2023 03:16 PM Finance Director David Pock 09/11/2023 05:21 PM Finance Director David Pock 09/11/2023 05:22 PM Town Attorney Linda Mendenhall 09/11/2023 05:58 PM Interim Town Manager Rachael Goodwin 09/12/2023 09:27 AM Form Started By: Angela Padgett-Espiritu Started On: 09/11/2023 03:01 PM Final Approval Date: 09/12/2023  ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of September 15 - October 15, 2023, as Hispanic Heritage Month. Staff Summary (Background) Mayor Dickey will be proclaiming September 15 - October 15, 2023, as Hispanic Heritage Month. Attachments Proclamation - Hispanic Heritage Month 2023  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 09/12/2023 10:21 AM Interim Town Manager Rachael Goodwin 09/12/2023 08:44 PM Form Started By: Angela Padgett-Espiritu Started On: 09/12/2023 09:36 AM Final Approval Date: 09/12/2023  ITEM 6. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Presentations                  Submitting Department: Administration Prepared by: Bo Larsen, Community Relations Manager Staff Contact Information: Bo Larsen, Community Relations Manager Request to Town Council Regular Meeting (Agenda Language):  Presentation on Town of Fountain Hills water management and conservation efforts. Staff Summary (Background) Many people believe that since we live in the desert and use water to irrigate parks and some of our golf courses, we are wasting a valuable resource: water. Fountain Hills is a leader in maximizing reclaimed water for our famous fountain, the lake, and irrigation. With our partner, the Fountain Hills Sanitary District, we can safely irrigate various locations for recreational purposes and keep the fountain flowing without using a single drop of potable water. Fountain Hills works hard to institute daily practices and ongoing measures to preserve our natural resources, and make water-wise decisions for our future.  Attachments Presentation  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 08/29/2023 06:20 AM Finance Director David Pock 08/29/2023 09:43 AM Finance Director David Pock 08/29/2023 09:43 AM Town Attorney Aaron D. Arnson 08/29/2023 11:18 AM Interim Town Manager Rachael Goodwin 09/12/2023 09:42 AM Form Started By: Bo Larsen Started On: 08/23/2023 02:29 PM Final Approval Date: 09/12/2023  Fountain Hills is a Leader in Using Recycled Water The Town Uses Recycled Water Fountain Lake holds 100,000,000 gallons of recycled water. The water is then used for irrigating the 32 acres of turf surrounding the lake. Using recycled water for Fountain Park turf saves over 330,000 gallons of potable water each night it irrigates! Sunridge Canyon, Fire Rock and Eagle Mountain golf courses use recycled water for irrigation. •Formed on July 21, 1969 •District’s service boundaries include the Town of Fountain Hills (except the former State Trust Land annexed by the Town in 2006) and a very small portion of the City of Scottsdale. The area served is approximately 12,000 acres. •FHSD Recycles and Reuses 100% of wastewater which is beneficially reused for irrigation purposes. All recycled water exceeds water quality standards set by the Arizona Department of Environmental Quality. •The Fountain Hills Sanitary District Wastewater Treatment Plant was first constructed in 1974. Today, the facility provides tertiary treatment (three levels of treatment) of the incoming wastewater. Its finished product (Class A+ recycled water) meets or exceeds all Arizona Department of Environmental Quality standards for reuse. The Town generates approximately 700 Million Gallons (MG) of wastewater each year. ALL the water is captured, highly treated, and reused for treatment processes and turf irrigation at local parks and golf courses. Three golf courses use almost 600 MG of water a year - using recycled water instead of freshwater takes the demand off drinking water supplies, which is critical to managing droughts. The Town has been a good steward of the desert's limited water resources for 50 years! Fountain Park Golden Eagle Park Desert Vista Park Fountain Hills parks irrigate with recycled water Smart Technology controllers allow for simple, precise corrections to be made to minimize irrigation run off. Fountain Hills manages water usage Use of highly efficient rotator sprinklers with matching precipitation rates maximizes coverage while minimizing over spray. Fountain Hills manages water usage Regular maintenance and replacement of failing irrigation components with modern irrigation parts and controllers make for more efficient irrigation which saves on water usage. Removing grass areas without available recycled water irrigation saves potable water usage. Fountain Hills Blvd. and Shea Blvd. Fountain Park adjacent to the Splash Pad, removing approximately 8,100 total square feet of irrigated grass. Fountain Hills manages water usage Re-purposing turf areas for a new picnic amenity reduces water usage while improving the usability of the park. Water savings from 1.9 million gallons of potable water used to 167,000 gallons. Fountain Hills manages water usage Water savings from 552,000 gallons of water used to 45,000 gallons. The selecting and planting of proper desert plants that use less water while still providing aesthetically pleasing soft-scape Low water use trees mean more shade to help cool the area and less water used to get it. Tree selection such as Ironwood, Desert Willow, Chaste Tree, Mulga, Fruitless olive, etc.. Fountain Hills manages water usage Town uses drought-tolerant and Arizona native plants which require very little water after establishment and need only minimal maintenance. Proper pruning of plants maintain health plant life and the plants need less water. Fountain Hills manages water usage Selection of low water use trees and shrubs in the right of way ensures right plant, right location guidelines are being met and minimizes water needs for healthy plants. The Town encourages native low water use plant selections and requires the use of efficient low volume irrigation systems and techniques for all new Fountain Hills developments to help conserve water resources for the future. (Ordinance No. 06-19) Fountain Hills manages water usage Rotary Splash Pad recycles its own chlorinated water by using a 3,000- gallon holding tank minimizing water use while maximizing water play. Fountain Hills manages water usage Since 2012, 800,000,000 gallons of water collected from Panorama storm drain pumped into Fountain Lake Fountain Hills manages water usage 78,840,000 gallons per year collected and delivered to Fountain Lake. Every construction project must use water from the panorama pump for dust mitigation. Estimated that 200,000 – 300,000 gal. distributed each year. Fountain Hills manages water usage Using low-water and waterless technology in the Community Center and at Adero Trailhead restrooms. Fountain Hills manages water usage The Town works closely with our partners to communicate with residents about water-saving and management tips. Fountain Hills manages water usage A special thanks to the Fountain Hills Sanitary District.www.az-fhsd.gov ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 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 August 22, 2023. 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 August 22, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of August 22, 2023, as presented.   Attachments Verbatim Transcript  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 09/11/2023 03:59 PM Finance Director David Pock 09/11/2023 05:21 PM Finance Director David Pock 09/11/2023 05:21 PM Town Attorney Aaron D. Arnson 09/11/2023 08:21 PM Interim Town Manager Rachael Goodwin 09/12/2023 09:26 AM Form Started By: Linda Mendenhall Started On: 09/11/2023 03:55 PM Final Approval Date: 09/12/2023  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL August 22, 2023 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Interim Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately sixty-one members of the public were present. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 1 of 98 Post-Production File Town of Fountain Hills Town Council Meeting Minutes August 22, 2023 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 AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 2 of 98 MAYOR DICKEY: Good evening, everyone. Welcome back after the summer. If you would like, please stand for the pledge. And if you'd like to remain standing for the invocation. 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. Pastor Clayton Wilfer from JOY Christian Community Church. Hi. WILFER: Hi. Dear Heavenly Father, we thank you for yesterday's rain which has watered and renewed the earth. We ask for your presence here to renew the council as you have renewed the land. Give them strength and fortitude, give them discernment and wisdom, grace, and compassion as they lead this town. Guide their minds and hearts in making decisions that benefit the residents of Fountain Hills. And in all of this, we seek your spirit and your blessing. In Jesus' name we pray. Amen. ALL: Amen. MAYOR DICKEY: Thank you. Roll call, please? MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Here. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 3 of 98 MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. MENDENHALL: Anyone wishing to address the council regarding items listed on the agenda or under call to the public, should fill out a request to comment card located in the back of the council chambers and hand it to the town clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name for the public record. Please limit your comments to three minutes. It is the policy of the mayor and council to not comment on items brought forth under call to the public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council agenda. MAYOR DICKEY: Thank you, Linda. Again, welcome everyone. I'm glad to see you here tonight. We will start, as always, with our reports from mayor and councilmembers and our town management. Rachael? GOODWIN: All right. Welcome back, Mayor and council. It's good to see you. Good to see everybody here tonight. It's been a very busy summer. I'm not going to go through the laundry list of things that have been going on. I just thought I'd cover a few highlights that happened over the summer. First, I wanted to congratulate and welcome our new fire chief. Chief Ott was officially brought onboard as a town staffer in July. So we're very excited. In conjunction with that, that means our process of bringing the fire department in- house is on track. We have been accepted into the Mesa dispatch service. So that was a really big hurdle for us. So we're really excited about that. And we are on track, again, to begin that process and in-house that process on the 1st of the year. We have a TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 4 of 98 number of staff hires in the works as well. We have a number of commitments there. So everything's a go. So that's great. I also wanted to pause and thank our Rotary here in town. They did a partner project with us. You might have noticed a new banner holder in front of our community center, as well as down at the park, at the end of the Avenue; it's both functional and beautiful. It's a piece of art that actually is designed to hold our seasonal banners when we have events and programs and things going on. So we really appreciate their partnership and support. I wanted to give a shoutout to our community services department. They're at the Arizona Parks and Recreation Association conference this week. Actually, this evening they're going to be accepting two awards for our Spooky Blast event as well as the new playground down at Fountain Park. So both of those were recognized as best program and best facility in the state this year. So that's pretty exciting. Lastly, I wanted to give an update on our MCSO contract. As many of you know, we have been in negotiations with MCSO since the beginning of the year, since January. Those negotiations stalled out around budget season. We were not able to come to that conclusion there. So we do have a temporary contract in place till the end of the year. Knowing that we have a ticking clock, staff was pretty anxious to get the issues and disparities addressed. So we've been reaching out and working with a number of their staff at MCSO. And we've been moving up the ranks, until we actually met with the sheriff, at the sheriff's request. He asked to meet in person so that we could discuss some of the finer points of the contract. And at this point, the ball is in their court. We are waiting on an updated draft that reflects the changes that we have requested. So we're waiting on that but we're hopeful that we can get that here and before council for discussion later this fall. MAYOR DICKEY: Thank you. GOODWIN: Those are my updates. MAYOR DICKEY: All right. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 5 of 98 Councilmember? TOTH: So I'll take the same approach. It was a long summer and I am so glad to be back. So I won't bore you with every single detail. But what I will just give a shoutout for is that I had the privilege of attending a few business retention meetings over the summer, which were fantastic. I think that program or that initiative that Amanda's taken to rotate councilmembers to speak with business owners has been a really fantastic way to learn about the needs here in town. On top of that, I was able to attend a policy retreat by the Morrison Institute about two weeks ago. And that was a very interesting event, several topics covered. I feel as though I learned quite a bit from other local leaders in the area. And I will let everyone else fill you in on the rest of the summer. GRZYBOWSKI: Ditto what they said. Keep it short. It was a long two months. We got a lot done. But what's really important for me to talk about today is Make a Difference Day is coming up on Saturday, October 21st. If you know someone that can benefit from the help on Make a Difference Day, we do still have a few slots available. The deadline for the residential projects is Thursday, August 31st. They can contact Kim Wickland in our community services department, but I suggest that they not contact her in the next day or so because she's probably -- yeah, wait until next week. But we are still accepting applications. They can, of course, shoot her an email and let her know that they're interested. Thank you. MAYOR DICKEY: Councilmember? FRIEDEL: Mayor, I'd like to request a personal point of privilege. I have several questions and comments related to the MCSO contract in this town. First of all, I don't know who set that meeting up. I want to know why I wasn't there as a senior councilmember on this dais, also involved with pushing for the review of that contract and the Matrix Consultation (sic) on that contract. I think I should have had a seat at that table for any negotiations going on with that contract for this town and the TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 6 of 98 residents. We are extensions of every resident in this town. We are here to represent these residents fairly in any contract negotiation with any agency that we have a contract with. All I can say is, I'm going to start on my list of things. The communications with MCSO -- and I want to make sure that I'm clear on this point. I am not disparaging any local deputies or command staff that represent and work in our town. This has nothing to do with them; this has to do with the staff down in Phoenix and it comes from the top down. And I'm not here to negotiate this contract today, but I have several items I want to bring up so that everybody's aware what's going on here. The communication with that agency has been -- I would grade that an F at best. We have been struggling with them through the audit, our review, Matrix Consulting had trouble getting information from them. We've had trouble with this town, we're on a month-to-month contract since January of this year. That's bad. We're not getting things in a timely fashion from them. We got nothing we needed in this proposed contract. And I would go as far to say that if any council member sitting up here approves this contract in its present form, we're not doing our job for our residents. We are still District 7, which encompasses Rio Verde and Tonto Verde. How long are we going to be on the hook for those towns with police coverage? They're growing up there. They're going to have more need and more calls. There's going to be more incidents, accidents, and reporting and for them to take staff from our -- MAYOR DICKEY: Can I ask Aaron a question, please? And sorry to interrupt. But are we -- is this in order to do this? Because we are in the middle of these negotiations and nothing has been settled. And I don't know that we should be having this discussion -- FRIEDEL: You know what? MAYOR DICKEY: -- because people don't know that we're going to -- FRIEDEL: This is my personal point of privilege and I remember you giving Alan Magazine time to sit up here and bluster about George Soros and being attacked by the TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 7 of 98 right-wing left or right wing -- MAYOR DICKEY: Excuse me. FRIEDEL: -- as well. MAYOR DICKEY: Okay. That was when we were talking about the Holocaust and something else. You're talking about something that -- FRIEDEL: I'm talking about something that's related to this town, Mayor. And it's important for people in this town to know what's going on here. MAYOR DICKEY: But this is just your opinion of what's going on here. FRIEDEL: No. It's the facts. MAYOR DICKEY: You can continue. But I think this is out of order. FRIEDEL: From what I understand, we will have no detectives in this town. Why is that? For their biggest contract. MCMAHON: I object. FRIEDEL: Nobody's asking you for your opinion. MCMAHON: You're sitting here (indiscernible). This is not on the agenda. He doesn't have a right to -- TOTH: You are not recognized. FRIEDEL: You are not recognized, Councilwoman. Will you please let me finish? MCMAHON: This isn't working, Mayor. FRIEDEL: We have no -- there'll be no detectives in Fountain Hills. Why is that? We're their biggest contract. MAYOR DICKEY: Could you please -- FRIEDEL: Why won't we have a detective warehoused here in Fountain Hills? What about the results of that audit and the dollars that are owed to this town? They increased the cost of this contract. This is all public information, Ginny. MAYOR DICKEY: I just don't know that this is okay to be doing right now. I am relying right now on Aaron to let me know. FRIEDEL: They increased the cost of this contract by 19 percent but they give us a credit. We're paying for our own credit on this contract. It doesn't -- TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 8 of 98 MAYOR DICKEY: That's not -- FRIEDEL: -- make sense and it doesn't fairly represent what these citizens in this town need to have here. MAYOR DICKEY: Aaron, please? ARNSON: Mayor and council, I can appreciate that there are strong feelings, clearly, on both sides. And I think I can speak both hand-in-hand with Interim Manager Goodwin, that we're at a spot where we are continuing to negotiate the terms of the contract. In terms of what Councilman Friedel said, I don't think we're actively negotiating in here today. FRIEDEL: We're not. ARNSON: You've referenced that yourself. Your points are well taken. To the extent we're able to continue to communicate those, staff works to be able to do so. My recommendation, in terms of this council meeting, would be, Councilman, if you're nearing the end, to wrap that and then the mayor, as the chair, can respond to the point of personal privilege. FRIEDEL: I have a couple more points. We spent hundreds of hours in staff time with the audit or review and the Matrix Consulting report. We had former Councilmember David Spelich spend a lot of time coming up with suggestions for this contract, which make perfect sense for this town and representing this town. The cost of that contract review and the Matrix advice was close to $100,000. Are we just going to walk away from that? We've got a lot of money and time and staff time invested in this contract and I think it's important that we go to the table -- and in fact, there were two councilwomen sitting up here on this dais that made a promise to Councilman Spelich that they would see this through to the end. Was that just lip service? I'm done. Thank you. MAYOR DICKEY: Thanks. I'm not doing my activities quite yet. But I just want to mention that nobody has seen a contract yet for this year. That's why we're in an TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 9 of 98 extension of last year's until we get to the -- maybe sooner, but the end of the year. I have many meetings that many people don't attend. Including, I've had private meetings with several of the things that we're involved with. In this case, I did ask the vice mayor to come and I asked Councilwoman Kalivianakis to come because she had also had familiarity with it, just as you did. And she did. And we had a lot of conversation. And when we bring back what, hopefully, will be what they bring back to us, that will be for the entire council to see and to look at and to approve and disapprove. But the things that you're saying now, I'll just caution. They're not to be taken as things that are happening right now or will be in the future contract. And I have every right to meet, and I do, like I say, all the time with mayors, with the Governor's office, Secretary of State, and with the sheriff. And I'll continue to do that and invite who I think is effective to be there with me at the time. And that's what I did. FRIEDEL: Mayor -- Brenda, no offense to you, Councilwoman Brenda. She's been on the job seven months. I've been here over two and a half years. This just seems -- and it kind of stinks of political partisanship. And I don't like it. The town's got to be fairly represented. And I'll leave it at that. MCMAHON: Good evening, everyone. And welcome back to celebrating our summer. I had a great summer. I hope you did too. I wanted to update everybody on our dementia-friendly initiatives. They're moving along really well. Our Memory Café is really a success. We're providing great support and education for our community suffering from dementia and also their caregivers. Also, I attended a board meeting for Valley Metro and we are really, really excited that Governor Hobbs signed the Proposition 400, so that is going to be put before the voters next year in the election. And what Proposition 400 is, it is merely an extension of prior Prop 400s that have been in effect since 1985, I think it is, for a half a cent tax. There's not any change or anything, and it's going to -- and it is for our streets and infrastructure and it is going to bring in billions of dollars a year and help businesses and new businesses in Phoenix and all round. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 10 of 98 Also, this Friday evening there's a ribbon cutting for the new high school Falcon Football field, and I hope to see everybody there. And next week, I think a lot of us are going to be attending the Arizona League of Cities and Towns' annual conference which we're really looking forward to and any updates that are important to bring before you, we will. And thank you very much for your time. MAYOR DICKEY: Thank you. KALIVIANAKIS: Thank you, Ms. Mayor. Hi, everybody. It's really nice to see everybody again after the six-week break that we had this summer. I want to thank everybody for coming tonight. I thank everybody that's watching livestreaming and on Cox Channel 11. As I always say, an informed public is a good public to keep an eye on their public officials and what's going on in our town. I hope you all had a great summer. Like you've heard many people speak here tonight, I'll keep it somewhat brief because we've done so much and I don't want to bore everybody. But there were many ribbon cuttings, many constituent meetings, and many things we did over the summer. I didn't take a break. I worked every single day. A meeting that we did recently was Fountain Hills Cares. As you guys probably are aware, in the past we've done alcoholism and drug addiction for teenagers, bullying, cyberbullying, depression. This next one is going to be a little bit towards an older audience, even though everybody is welcome to come. It's going to be more towards seniors and that's going to be addressing frauds, scams, and phishing. And I'm not talking about fishing with a pole. I'm talking about the phishing that we actually get here all the time in our emails. A lot of the elderly people are a little more vulnerable to these kind of attacks. They get something from their bank that says we're going to close your account unless you hit this hyperlink. It's terrible. Some people lose their life savings over it. So most people consider their town government is -- or just government in general, that's who regulates us and that's who taxes us, and I think the Fountain Hills Cares is TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 11 of 98 wonderful because the mayor and Peggy and myself, Bo Larsen, Capt. Kratzer, we get together, we talk about this and we try to educate the people on how to protect themselves. And so it's government plus it's very interactive with the people. And really, I'm proud to be on that. I did go to the Maricopa County Sheriff's meeting with the mayor and with Blue and Rachael, and I was honored to go. I don't view that as a partisan thing. I think it was a pretty fair representation of the council. And also, I'm not sure about the reference to seven months. When a doctor gets a job at a hospital, you don't wait for seven months to do your first operation. When I was in the state's attorney's office, I was having jury trials and bench trials in my second week. And so I think I was prepared for that meeting and I think I represented the Town of Fountain Hills very well at that meeting, particularly with my educational background. We did meet with the Sheriff Penzone. We met with the chief CFO and other high- ranking officials. Many of the things that Gerry discussed, we discussed: overbilling, understaffing, the contract, proactive versus reactive law enforcement, Rio Verde, Tonto Verde, the Matrix contract. Which the Matrix report, which I had in my hand and I read off of, and so I do think I represented the town fair. Having a face-to-face meeting with the sheriff allowed us to get a lot more done than you can in emails and the phone. It was a very frank meeting. It was a tough meeting. It was terse at many times. It was scheduled for one hour; it went for 90 minutes and we covered a lot of material. And I think a lot of good is going to come out of that. And so I'm glad I was there for that and I'm proud to have been there. Lastly, this Saturday, at the community center, there's going to be a band called the Desert Valley Winds and I play the saxophone for that band. And I would invite all the council, the mayor, vice mayor, and the population, and the town staff to join me, to play a little music and have a little fun, okay? It will be just one hour. Like I said, Saturday at the community center and I would appreciate it if everyone could come out and say hi. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 12 of 98 So thank you very much. That's -- MAYOR DICKEY: Councilmember? SKILLICORN: Thank you, Madam Mayor. And as someone who loves brevity, I will be pretty brief. So I did take some time off. Did some traveling. Literally, the day I came back, had an opportunity to attend the Maricopa Association of Governments' regional council. It was eye-opening to see what a bigger world and universe that we have in Maricopa County. And some of the things that we should really be refocusing and kind of centering on in that agenda there. So we did that. We had a bunch of -- the Chamber of Commerce and a few ribbon cuttings and such, which was very productive. And we are right back into business here. Congratulations to the Falcons Football Team winning their first game on Friday. That was an away-game. And coming back home this Friday. So we're looking forward to getting a lot done. Also looking forward to the conference coming next week, also. Thank you. MAYOR DICKEY: Thank you. Yeah, I think we're all going this time. So it's National Fentanyl Prevention and Awareness Day. It's established in remembrance of those lost to fentanyl poisoning and to acknowledge the devastation this drug has brought to hundreds of thousands of affected family members. The national day was actually observed yesterday, August 21st and I want to thank Councilwoman Kalivianakis for requesting that I mention this important issue. As part of the regional display of unity, the fountain will be lit in blue and yellow, Ukraine's national colors, on Thursday, the 24th, in honor of Ukraine Independence Day 2023. The town is honored to be able to lend a hand with the community center for the fundraiser for the Maui/Lahaina from Four Peaks Rotary. All that information is on their website. That will be Saturday the 9th of September at the community center at 5 TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 13 of 98 o'clock. We, obviously, had a lot of things going on over the summer. One of the things I was able to do was go to the Scottsdale Area Association of Realtors, they had a forum; mayor legislative forum. They pointed out that they, as a group, are in favor, even though it's Scottsdale, of Fountain Hills Unified School District bond. And there were a lot of mayors there, a lot of realtors there. Some of our local people were there and it was very nice to be able to speak to them about our futures. We had a lighthearted exchange for a couple of days last weekend with Channel 5, Good Morning, Arizona. For some reason the fountain wasn't on when they first started. So they started emailing us, Paul Horton and Bo was such a great help. And Kevin went out there and made sure. So the next day, they turned the TV on, they put it on. David Caltabiano, their family, played basketball with my kids. He's their anchor. And while he was up there, he gave a shoutout to a couple of the restaurants here in town and so there's a lot of buzz. And then they did it again the next day. So it was really cool. Again, I think Amanda knew about that. So this is the ways that we keep ourselves out there. I was able to do that Smithsonian thing for the Dark Skies and had the International Dark Sky Discovery Center information there, so a lot of people took it. So again, Fountain Hills is on the map. Last, I want to thank, councilwoman now, Peggy McMahon, for serving as vice mayor since December and taking on projects, attending a lot of things with me and for me. And the transition actually took place last month. And so I look forward to continuing our work with Vice Mayor Sharron Grzybowski for the good of our entire community. So thank you all. Next, we're going to move to presentations and we're starting, I believe, with our director of economic development, Amanda Jacobs, who's going to give us an update, fourth quarter update. Hi. JACOBS: Hello. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 14 of 98 Good evening, Madam Mayor, members of council, members of the audience. Welcome back. Our residents sometimes often ask, doesn't it slowdown in the summer? I'll tell you, no. It never slows down. It's been busy. As the mayor mentioned, I'll be providing my fourth quarter update. So that was from April to June, but as always, if something recent came about I will let you guys know. We will start with what we always get questions about, business attraction. So happy to report, we have some new storefront openings. So filling up some of those vacancies. Arizona Stone and Crystal Company has opened. They're off of Parkview. And so as it says, Stone and Crystal, so think of too natural healing. That is located off of Parkview. Alpha Financial Nordic, again, it's in its name. So financial services off of northeast corner of Verde River and the Avenue of the Fountains. Motor Vault we've been hearing about, is opened. And their website says they're completely sold out of their vehicle storage. And then Snowee Ice Cream just recently opened on the Avenue. So this is really under business attraction and retention and expansion. So the same owners of Oka Sushi have invested into another building along the Avenue. So excited to see that. Coming soon, we, of course, have the coffee roasters, Dutch Bros, that we've talked about. But something new is Above Board Charcuterie will also be under a franchise name of Graze Craze. That will be opening up too on Park Place on the Avenue. And over the last couple of months, and, really, the last couple of weeks, Mr. Wesley and I have been meeting with their broker. And so people are very excited. So hopefully, we'll be able to report something real exciting and interesting the next quarter. And then, of course, Phoenix Cannabis. So while not a new building, it is a new owner and also some retention expansion there. So they will be adding recreational marijuana and they're expanding their dispensary. And so that is off of Enterprise. Our business retention and expansion. So Councilwoman Toth mentioned this and then we also did some site visits with Councilmember Kalivianakis. So we're able to continue TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 15 of 98 our partnership with the Chamber in trying to visit our businesses. And so what has been a common theme in every site visit is workforce and lack thereof, specifically local to Fountain Hills. And so the challenge to retain employees when they're having to travel from Phoenix, Mesa, Tempe, Scottsdale, Chandler; those are the cities that we're hearing from our businesses. And so it ties into, I'll talk about it briefly, but we'll talk more in September with the proposed economic development strategy. But if you look at all of our major employers, they're service based. If you think of the school. If you think of the town. If you think of our grocery stores. And the annual salary of a service-based worker is less than 40K. So there's some issues and imbalance. And so hopefully, we'll be working on that over the next year, couple of years, to modify that. And then we were able to partner, again, with the Chamber on our eight-week shop local ad campaign. So some of our businesses last year when I met with them, they're like, we need the town's support. And so I started to ask what does support look like. And so they're like, help us in the summer and really push the message of shopping local. And so reminding our residents we do not have local primary property tax, and so we rely heavily on sales tax. So we hope you are doing us proud, seeing that sales tax, but again, also retaining our businesses. Who, again, they have opportunities to choose anywhere, but they decided to choose Fountain Hills. Our apartment occupancy rate remains the same. So really in the high 90 percentile. Again, I always point out Four Peaks Vista Condos. So that's not 100 percent rentable. Some of those condos are for sale. So that number will always be a bit lower. But again, really, what this graph illustrates is a supply/demand issue. So if someone was looking for multifamily, you just can't find it. It's hard to come by. Next, our vacancy rates looking at office, industrial, and retail. And so just a reminder or if anyone -- if we have a new resident or someone new wanting to participate in our council meetings. That first vacancy rate column comes from CoStar, which is a commercial software company, that, through our partnership with the Greater Phoenix Economic Council, they cover that expense for us. So you'll see that rate. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 16 of 98 The one next to it, as I have shared with you, but again if you're new, we have some brokers and property owners who are not actively listing their property. So it's passive. And so that requires your staff to go out and drive around and try to figure things out. The good news I will share with you, in beginning next quarter we're going to add another column to sort of show the difference, if we're seeing an increase or a decrease. But you may recall sort of the almost alarming number under office the last quarter. It was 49.5 percent, so nearly 50 percent. So that has gone down to 37.9, which is exciting. Again, that high rate is not a Fountain Hills issue. This is something, again, we're seeing nationally. Thank you COVID, again, pushing people home. Those are some of those ramifications. And then to just remind too, our residents, that sometimes you may see a vacant building or you're not seeing a lot of activity, but we're knowing there's some movement. People are buying, people are contemplating what to do. So sometimes things may remain a little bit vacant until businesses decide what they're going to do, get the appropriate financing, et cetera. Our economic development strategy, just to give an update. So again, we had a community leaders' workshop back, January 12th. We had a workshop open to the public on April 12th. And then I want to thank the councilmembers, so you guys were busy with me over the summer, doing some one-on-one meetings. Again, I felt the importance of that was to be really, really high-level, just to make sure you guys were comfortable and I did not shock you once the draft was finalized. So that will go before SPAC, our strategic planning advisory commission tomorrow, to get feedback. And we're tentatively scheduled to come and bring that back to council on September 6th, hopefully for some action and positive action and positive vibes off there. And so our Arizona Office of Tourism Prop 302 grant. Just wanted to let you guys know we were able to close out the fiscal year with over $85,000. And again, as a reminder, the previous year's AOT was estimating very, very, very conservatively because of COVID. And so they allowed us, the last year, to have rollover funds. And so this year TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 17 of 98 we needed to commit all of that. And so that 85,000 grant money, there is no match to it. And so again, was able to assist us with our newly branded, experience website. We've been able to get new photography. We've been able to work with vendors to help with our SCO and some of the things we needed to fix behind the scenes. We were able to do a tourism video with local business owner Andrew Day, with DayLite Films. And then we started a blog feature under the website that Clason Communications, so Debbie Clason, again, a local business owner is assisting. So estimates this year, again, can fluctuate month by month, is over 69,000. Our partnerships, I will not get into all of them. I've mentioned a few but do want to give a shoutout to the Fountain Hills Dark Sky Association. So Vicky Derksen and John Craft, have spent a little bit of time with me. We almost saw each other weekly, I think, in the month of May or June. But as we're starting to plan, we are the destination organization. So we want to look at all of our community members of how we can move the needle. And then also, I was able to call upon Vicky Derksen. So the Arizona Office of Tourism was in a partnership with ASU and the Young Leaders of Americas. And so they had a student, formerly from Haiti, and is now studying in Toronto. And so if you think of Haiti, they don't have electricity and so there's a lot of things that that evokes, that darkness. And so Vicky was able to bring into light the positive with the Dark Skies and stargazing. So a big thank you to Vicky and AOT and ASU for thinking of Fountain Hills. I think we have two more slides. So tourism, again, the hotel occupancy remains below 70 percent. Our social media, specifically to our Instagram, increased by 44 percent. So again, economic development and community relations are putting together plans and forward thinking of trying to get exposure for Fountain Hills. We have not brought this up, but I thought this was exciting. So we have of course our Earth-Cam that's located on the Experience Fountain Hills website. And so just for the fiscal year, there are 1.3 million views. So people are looking at us. And then our website too, again, just want to thank economic development specialist slash management analyst John Perez for all of his work, as well as Bo Larsen. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 18 of 98 And really updating the website, you can see a drastic change; there was a 35 percent increase. Our top five cities sort of remain the same with Phoenix, Scottsdale, Mesa, LA, Chandler. And then last, you'll remember last quarter, we were able to invest, again through the AOT, Visit Arizona initiative marketing grant. Say that three times. Into a tourism and event impact study. So of course, coming in as the new gal I had my thoughts on what tourism was for Fountain Hills. But sometimes it's good to get an outside expert. And so one thing we had them look at too is, there's lots of messaging around half the population leaves. And I was able to share some stories with those that met one-on- one. That when some people just hear that, they may not do the research, it's believable. And so we had a few businesses say, hey, I can't survive in Fountain Hills because I heard half your population's leaving. So looking at our census, looking at the number of households, the number of households that could be seasonal, some are occupied. The estimated winter visitors that are leaving is 11.8 percent. And so again, as we start to look at our strategy, we'll ask everyone to help with our messaging. Because we only want positive messaging. We want people to know that they can survive here. As far as our events, there is 32.7 percent that are local, coming to our events. 43.8 percent is regional. So think again local is Fountain Hills, regional is somewhat outside. This was specific to Maricopa. And our out of state is 23.5. And so some opportunities here is looking at our hotels. Yes, we have four hotels, but there's only ever 300 rooms that are available. So there are opportunities to attract new resorts. There are opportunities to get conventions. Again, some of our local hotels have decided to get rid of some of their meeting rooms. Thinking, again, just the aftermath of COVID, that people aren't gathering as much. There's the Zoom capabilities. I don't know about you, but I like to be in person, that's just me. And then there's opportunities of doing multiday events. If we think about some or our local events, they're one day. It's four or six hours and we're not giving them a reason to stay. And so I planted a seed with some of you that we may need to ask for some TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 19 of 98 money to get a multiday and hopefully have support for that. Maybe we get some third-party promoters coming in. We have seen some interest on that end. And again, this year we'll be able to continue our work with our national PR company to look to beyond the region, but looking nationally to help just the extension of the multiple departments, get our name out there, look at pictures. And with that, any questions? You're welcome. MAYOR DICKEY: Questions or comments? Well, I do. JACOBS: They are making it easy. MAYOR DICKEY: Well, sorry. No, I'm not going to say anything. But I know that at 1.3 million views off the web, oh my gosh. Of the Earth-Cam. I was probably a few of those myself. But we did talk about that at the Smithsonian. So there's a lot of people -- I'm glad you brought Vicky up. There's people walking around with our pamphlets about our dark skies and about the Discovery Center. And with our fountain pins. So there's people in Chili and in Germany and all over who have fountain pins now. So that was a good way to talk about tourism, because these folks were tourists. Thank you for meeting with Rachael and I, with Glen Williamson and Holly Mechsner from the Canada Arizona Business Council and creating your report about that, because that really falls into what you were talking about with the winter visitors and such and bigtime tourism. And we talk about astrotourism with the dark skies and we talked about medical tourism. So there are a lot of possibilities and potential for us. And last, I know you're going to be bringing us the economic development plan next meeting. And you're going to be presenting it tomorrow. Were you able to get input from all the council members on that? JACOBS: Madam Mayor, I was able to meet with six out of seven of the councilmembers. MAYOR DICKEY: Okay. Thank you. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 20 of 98 JACOBS: And so there's still that opportunity. But again, respected that you guys were traveling and taking downtime. MAYOR DICKEY: Yeah. Well, you gave us the opportunity to meet with you, so we appreciate that very much. Anything else? GRZYBOWSKI: Thank you. MAYOR DICKEY: Thank you for all your work and we look forward to the report next time. JACOBS: All right. Thank you. MAYOR DICKEY: Our next item is a presentation by our public works director, Justin Weldy, about our construction storage site. Hi. WELDY: Madam Mayor, vice mayor, councilmembers, welcome back. Since just after incorporation the newly formed town, it's newly, at that time, appointed body and very limited staff began to look towards the future. There was an incredible amount of growth in this community's future and at that time, they were a little bit strapped for cash. The largest developer in this community, at that time, offered to work with the newly appointed body and the mayor and council -- or excuse me, and the staff on some projects that they had going, and asked the town if they would be interested in any of the dirt and rocks which are a very valuable commodity, not only in this town but across this valley. After that time, the town staff began to look at the five- and ten-year horizon coming forward and especially when it comes to road building. From, basically, the beginning the town staff has worked with developers and single home builders or single lots to receive and/or accept their excessive material. There's a couple of benefits to this. One of them is it reduces the cost to either the developer and/or the single home and it also reduces the cost for the town for future projects, and it eliminates an incredible amount of truck traffic, not only through the town but also down the SR87 and back there. In case you're not aware, there's not a lot of places nearby. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 21 of 98 This is the first example of an area -- and this is on Bainbridge and Golden Eagle Boulevard. This material was donated from a single lot in Eagles Nest. The town's estimated cost for this material, which is currently being used and will be used on several projects, is approximately $480,000. We did not spend a dime to get it there. The custom home builder has indicated that it's considerably more than that in savings for their customer and also, again, the reduction of all of the truck traffic. This material's not only used for temporary storage, which, in this case, this material has been used for the Panorama project. It will also be used for the Golden Eagle project. But more often than not, this site right here is our staging area for pavement management in the northwest section and/or the northern sections of town. This next one, right here, is a series of boulders and the majority of this material came from the area of Palisades and Shea. There is approximately $700,000 worth of boulders here. This rock is currently being used on three of our projects and will be used primarily in the Golden Eagle area. But we always have kept material in this area as part of our preparedness plan for wash maintenance. After storm events we have a considerable amount of erosion and/or migration -- materials moving. We need to shore that up, especially closer to homes and properties. So while this rock here is temporary in nature and will eventually be moved, there will be more material coming into this. And this slide right here is important for a couple of reasons. One, it shows a valuable asset that was donated to the town. Two, it shows one of our access roads to one of our dams. And that access road is plated with our old asphalt. Which is an allowable use for that under ADEQ. So there's a couple of items we address here. One, we were able to utilize some of our milled-up asphalt. And two, we were able to meet the PM10 demands for keeping the dust and particulate matter down for the maintenance road to the wash in Sycamore -- or the dam in Sycamore. This location right here is on the eastern boundary of town, near Desert Vista Park. This area here is actually fenced off. What we have here is very expensive dirt and granite that was donated by local contractors. It was excess. Some of the stuff right here is TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 22 of 98 literally a few hundred dollars a ton. For obvious reasons, we keep it back here and we utilize it for our town projects. And again, relatively expensive material is what we keep back here. We're going to start talking about some relatively long-range programs and some really big numbers here. For each of our fill sites that we're going to discuss, this is a typical site plan that is prepared and sealed by an engineer. This shows the location of the work, the size and depth and other important aspects including, but not limited to, any drainage that is necessary for it. This is what it looks like during the planning process. This is what it looks like when it's finished. This area here, from right here at the entry, all the way back to here is a little bit more than a 1,000 feet. At its widest point right here, it's about 100 feet. At the deepest location it's about 65 feet. This entire fill right here was built from construction in Firerock. It's important to note that right here, just out of sight, and you can't see it very well, there is a 96-inch pipe that crosses Shea. When the casinos at Firerock were built, the water came through that pipe and began to erode and scour the area near these retaining walls. And there's three retaining walls in this area. We worked on that one relatively quickly. And the town staff actually purchased that 96-inch pipe, and a local contractor and his son installed it at no cost in exchange for being allowed to place the material there. Let's discuss that just briefly. For each of the locations, each of these contractors are required to secure a permit from the town. There are conditions attached to that permit. For this particular one right here on Shea, where it requires traffic control, they are required to comply with any temporary traffic control regulations that we have and they are required to pay a permit fee for that, and also the cost for that. This one right here is about $3.5 million. This is in the next phase of eastbound widening for Shea. Not the one that we're currently working on, but the next one. You might recognize this young man here. This is the town engineer, Mr. Janover. We appreciate Bo taking this photo and saving it for us. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 23 of 98 This material right here was donated from a project that was, just this afternoon, or evening, discussed by the economic development director, the Motor Vault. They donated this material -- are low in cost and all of our numbers are very, very conservative. This is about $160,000 worth of soil. And it reduced their cost substantially because it was right down the road and it's clean material. This is what it looked like when there were questions, and understandably so. People driving by, seeing this pile of dirt in this area, have questions and we did our best to answer them. This photo right here, there are actually three of them here. The one on the top right is what this area of Panorama looked like prior to phase 2 of the Panorama storm drain project. The one on the bottom right, obviously, is a high-altitude aerial. But most importantly, the one on the left demonstrates where all of that material went. But you'll see right up here -- let's push another button this time. This rock right here, came from that storage out at Bainbridge and Golden Eagle Park. It should be noted that this material was placed by the contractor that was doing the Panorama project, at no additional cost. That project, in fact, came in under budget. I will say that we paid our local landscaper at Verde Valley Nursery to place the rock. This is another fill site. This fill site right here actually starts at this location and comes down to here. This one here is right around $1.5 million and this one is actually included in the Shea widening now. This one right here is separate. This is a very long one and it's just across from Palatial Estates. It starts here, runs down here. A little bit more than 1,000 feet long. All of that material was placed there by the Fountain Hills Sanitary District's contractor that was the low bidder for one of their four main jobs, right here in town. All of that was placed out there at no cost to the town. And it also shored up some areas in there where we had bad erosion. That one right there, different estimates on that, but the closest one we have is about 2.5 to $3.1 million. For those of you that have been here for a while, you might recognize this location. This is on Shea, right near Balera. This is the former effluent evaporation ponds, prior to the sanitary district putting in their advanced water treatment plants and their advanced TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 24 of 98 treatment systems, that allow this water to be pushed to their customers. This is what it looks like after it was filled with donated material from a nearby development. Again, not only the town but the sanitary district benefits from some of these materials. This right here is in Ashbrook Wash between Hampstead and Fountain Hills Boulevard. There was an incredible storm just a couple of years ago that created what is referred to as a lateral migration. That lateral migration created this -- I'm going to learn how to use these buttons. There it is. It's about a six-foot cut and it is approximately one foot from that home and the water was running at this level here. So about five feet high. From several of the areas that you saw here tonight, and others that have not been disclosed, the town staff worked with their on-call contractors, brought in two, three, and four foot in diameter boulders and dirt, and were able to create the fill to shore up this private property and create this gentle one and a half to one slope, two to one slope, out to the original flowline. This material here was stockpiled in three different places. One of the places that we retrieved those large boulders was from the area of Sycamore Wash. And then we have another area in Ashbrook Wash, upstream, where we also have large boulders stored. This is in Ashbrook Wash, in the background is Hampstead. This is material donated recently from a project south of Shea on Saguaro for a storage unit. I had asked this local contractor for a rough estimate about this material and he was working on that. But I will tell you it's a large sum of money. I didn't want to put a guess on it but I will tell you that the cost savings was shared with the developer, it's a local builder. The benefit of this is this is phase 1 of the Ashbrook Wash slop stabilization. This is what we intend to show the Maricopa County flood control district when we apply for grants for this area. Oh, wrong button. The lateral migration that I showed you earlier, is just downstream from where this material is at. So what we're doing is we're working on shoring up the north side of Ashbrook Wash, which is where we're facing some challenges. But we also have some on the south side. This, in my opinion, and I may be wrong, will prove as an excellent TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 25 of 98 example of how the town utilizes donated materials to offset costs for these projects and benefit the community and also support end documentation for the flood control district for that grant. There's actually several grants. Getting close to the end here. This is Four Peak Park. This is the last portion of a multiyear renovation to that park. There are approximately 30 boulders, plus or minus, in view that were donated locally from a big development. They're roughly between 1,000 and 1,500 apiece. We have a total of about 48 at Four Peaks Park. Originally, they were placed at the direction of then-community services director as a physical barrier to stop some of the vandalism that was taking place at this park. As part of each of the phase, those boulders then became part of the fabric of that park and now blend in as they were intended to be there all along. A couple of quick ones here. This is on La Montana. This is south of town hall at Segundo. This project here allowed town to put in a right turn pocket and extend the sidewalk in this area. So we can at least get people to Segundo. The pipe was purchased by the town, installed by a local contractor at no cost. And by allowing them to install that pipe, and again they paid the fees. You used to come out to about right here and it was a pretty steep drop-off in that area. This is another one of those locations on Fountain Hills Boulevard where we were able to utilize local fill and again the contractor that placed it installed this pipe at no cost to the town. This one here is actually pretty important. This entire area was filled by the same contractor that did the work across the street and the pipes extended. What it allowed was for the town to utilize grant funding from the Safe Routes to School to install that sidewalk between Oxford and Glenbrook. At the time, this sidewalk led to the middle school, which is now McDowell Mountain Elementary. This is just another one down on Indian Wells where we were able to extend it and create a shoulder. Now, we're at the end. What I'm trying to demonstrate here is that the town staff, not just myself but others, works diligently to help offset and reduce the cost of future TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 26 of 98 projects. It's no secret that for some of these capital projects, especially the ones on the 5, 10, 15, and 20-year range for widening Shea and Fountain Hills Boulevard, we are cash strapped to get some of that done. And these materials, which I've just showed you a fraction of what's been placed, are valuable for this community. Any questions? I'll certainly do my best to answer them. FRIEDEL: Justin, how many piles of material would you say you have? How many storage areas in town? WELDY: 12. FRIEDEL: And are we at capacity in most of those or -- WELDY: With one exception. The one on Bainbridge and Golden Eagle, we are currently moving that material, Councilmember, out to other projects because very shortly that will be used as a staging for our paving. But all of the other locations where they are stored, which is on town property, in washes. And I think this is important to point out. Where this material is stored is in previously disturbed areas. We do not disturb or do any clearing to place this material. That is a violation of our own ordinance for the washes. So all the material is stored on previously disturbed property. We do not disturb any new property to create for storage. SKILLICORN: Thank you, Madam Mayor. Director Weldy, I do thank you for outside-the-box thinking in some of these solutions. It is appreciated and I know you drove me around a couple of these and it was good seeing these and seeing some of those photos first-hand. There have been a couple of emails about the Sycamore Wash, I don't know if you want to comment on that. But I think there's like -- I can think of three locations which either are very close or adjacent to residential areas. And we're obviously concerned about how it looks, and then we also don't know how long it's been stored. I mean, if it's just a temporary thing, if it's going to be for two months and then it's going to be gone, I think people are reasonable and they can deal with that. But if it's going to be longer than that -- give us an update on that. How we plan on that? And I don't know if you've seen a couple of the emails that we received from the Sycamore Wash residents? TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 27 of 98 WELDY: Madam Mayor, Councilmember, we are certainly aware of the concerns and we understand that. I think it's important to note that this area has been used for storage since 1990. The material changes colors. This just happens to be a little bit brighter color. I would certainly work with you and the town manager and these other proposed locations, and we will take a look at them and see if they are actually available on town property and if we could access them without any additional disturbance. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Thank you very much. One of the reasons I always tell people to make sure they come to town council meetings, to watch it on TV, watch it livestreaming, come to the meetings, because this doesn't seem like it's a very sexy or big deal, but it is. What you and the town staff have done since 1990 has literally saved this town millions of dollars and how do you replace that? How do you do it? Do you take these materials and just tell the developers just, you take them out of Fountain Hills and then we pay a company to bring these infill materials back in? If the decision was, well, we're going to have 12 spots that we put this infill material, or we won't, and then we're going to have to pass a primary property tax to repay the millions of dollars it would cost to do these improvements; I think it would but almost universal that people would say well, we don't want to have a huge tax. But this is the nitty-gritty work of the town. And what you guys are doing is stellar work. And the Sycamore Wash, Councilmember Friedel and I, we did go to speak with some of the residents that had concerns. And we listened carefully. We listened to their concerns. We came to the town, we talked to Rachael and we set up a meeting with you. We worked on a mitigation plan to maybe knock down the height, to remove some of the debris, which we have done since then. And then we had a plan to do, like, camouflage nets to mitigate the damage. Not damage, to mitigate what they call an eyesore. And so that's proactive. It's a great thing that we're doing. And if the people understood the consequences of not doing what you're doing, it speaks for itself. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 28 of 98 So all I can say is, thank you. Great work. And keep it up. MAYOR DICKEY: Any other -- no applause, please. Any other comments or questions? I know we had some written comments, correct? MENDENHALL: Yes, Mayor, we do. We have several written comments. The first one is from Jill Hill. She has her written comment. She's against the storing. Well, at least -- and we'll see if they still are. And then, Steve Hill. He's against the storing. And then we had one, Jennifer actually has two papers because she's needing more room. So Jennifer Brown is against it. And then we have Dr. Andrew Holycross. These are all in your packet. He's against it as well. And that's it for the written comments. MAYOR DICKEY: Thank you. Any other comments or questions? Thank you, Justin. And again, since 1990 that's what the town's been doing and it's one year out of incorporation. So I think they were thinking way back then and continuing to do that now. And we appreciate you working with the neighbors who are concerned about the views and doing what we can do. But this is obviously a good practice for our town. Thank you. Our next item is our call to the public. And do we have speaker cards, Linda? MENDENHALL: Yes, Mayor, we do. You have one in your packet because they submitted there's online. So we'll start out with Pam Cap. And on deck is Larry Meyers. CAP: Good evening, Madam Mayor, councilmembers, my fellow neighbors from Fountain Hills. My name is Pam Cap. My family and I have lived here for seven years now. Road conditions have been a problem in Fountain Hills for a very long time now. Recently, Councilmember Skillicorn posted two videos on his Alan Skillicorn for Fountain Hills social media page. One was on Golden Eagle. He went into detail about why the street TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 29 of 98 deteriorates and what is used to patch them. Unfortunately, Councilmember Skillicorn doesn't seem to understand how our streets are actually chosen to be fixed. We have a citizen street committee that works directly with a firm that assesses which streets go first, like Glenbrook. That was just done and it looks great. The second video is Councilmember Skillicorn complaining about the park's three parking lots being repaved instead of Golden Eagle. Since he didn't bother to do his job and ask the park; I did. The parking lot repavement program was planned and approved in 2016. As his video points out, it's in need of repair. That's called planning ahead, being proactive. The Sillicorn (sic) Roads First program failed horrifically, not even a second. So his response was to attack staff. As a council member, working with staff is imperative. So implying wrongdoing or failure to complete a required task because of political allegiance is just another way of saying he didn't get his way. Councilmember Skillicorn accused staff of delaying copies of town check registers, when he could have requested the same information from the Department of Revenue on his own. Considering the reduced workweek, he could have eliminated some of the work by doing it himself instead of putting more work on the staff. Councilmember Skillicorn needs to understand that this isn't Illinois anymore. This isn't Washington D.C., and we are not at the border. This is the Town of Fountain Hills and we need council members that focus on making the Town of Fountain Hills better for every resident and every business owner in Fountain Hills. Finally, this fixation with the trans and LGBTQ community is getting old. Some councilmembers don't seem to realize Fountain Hills includes many members, business owners, of the LGBTQ community. Every time Councilmember Skillicorn, Toth, and Friedel post anti-trans and LGBTQ rhetoric, they're saying they don't represent us. Or at the very least, you're saying we don't deserve to be represented. It's very obvious they only wish to represent a select group of residents, that's why they censor their councilmember social media sites by blocking people and turning off comments. They TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 30 of 98 reject other's opinions and knowledge by shutting the door and blocking out their constituents. Thank you. MEYERS: Mayor, council, staff. Larry Meyers, now 42 contiguous years in Fountain Hills. Did you miss me? I missed you. And what would a council meeting be without one of its frequent flyers getting up and speaking? So I have something that's been bothering me since 2018, and no, I didn't coordinate this with Councilmember Friedel. David Spelich, Gerry Friedel, and Marcus von Dennewitz ran on and visited my house in a meet-and-greet. And David, particularly, ran on fixing the MCSO contracts and overcharging. Even back then the figure mentioned was $1 million. 2018, $1 million. I don't know what it is now. Marcus didn't win. Councilmember Friedel sits here today. David Spelich is gone. So my question, after five years of knowing this overcharging has been going on under Penzone, why hadn't the previous council collected, or tried to collect, and we're just now getting around to this? And so my next question is, since the town can certainly use the money, we're down a half a million or better from the long-term rental tax that we're not going to get anymore, when does this council actually intend to collect the money that's been known about since 2018? That's it, on that. I want to shift gears a little. Out at the McDowell Middle School, which is now the elementary school, there was an incident where a little person charged out of the school and needed to be tackled in the middle of the street. And it was in the 35-mile-an-hour zone, not the 15 in the crosswalk. So I would like to ask, and I did talk to Justin about this. There's no sidewalk on either side of the frontage of that school and now there's little people out there. So if we put sidewalks in, maybe not transfer the sidewalk that we're going to put in somewhere else from our sidewalk projects and put them on both sides, we could move the crosswalk, thus the 15-mile-an-hour zone and the little people TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 31 of 98 will be crossing the street closer to the school. Because they're crossing further down -- I forget the road that runs there to the left, as you're heading out towards Rio Verde. Anyway. That would be my request. And Justin's reply was, is the school pays for that. Can we just shift some of our sidewalk money and put the sidewalks in all the way along the frontage? Thank you. MENDENHALL: Next we have Robert Brown. And then on deck is Barry Wolborsky. BROWN: Madam Mayor, councilors, thank you for hearing me tonight. What was presented to you by Director Weldy was a false choice. We don't have to destroy neighborhoods just so we can store materials. And I'm about to tell you the things that are wrong with the way the storage is going. No one is against saving the town money. Everyone wants to do that. But that doesn't mean that our neighborhoods have to be destroyed. I live adjacent to the Sycamore Wash. I have an acre there that goes down to the wash. I've lived there -- I've owned that property since 2009. Invested into this town when there was a recession going on and lots of people didn't invest in it. I spent thousands of dollars renovating the home to live there and have been a full-time resident since 2015. The problem is that these are piles of asphalt that have dust on them that blows through that wash when it's dry, and blows up onto my patio and other peoples' patios. Piles of dirt, where it blows up there all the time, when there's a storm. The wash is wide and so the wind doesn't blow over the top of it. It blows through it and it lifts it up. There's no coverage of that storage. Your own town ordinance says if you have outside storage, you are to have it covered. So there's piles of that and its surrounding Saguaros. It's a beautiful Saguaro wash. Now, you have an ordinance, a town zoning ordinance. It says our neighborhood is R-1, single family only. Not storage facility. You can get a special permit if you want to do something different by the zoning department, but nobody's got a special permit and probably because it would be too awkward. Because then that would require some kind TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 32 of 98 of environmental study or notice to the residents before you dump this into the wash. The town land-use map describes that area as a park. A park. That's what it is on a color-coded town use map; it's a park. Just like Fountain Park. Now you're not going to dump anything in Fountain Park, are you? Nobody would suggest that that's worth doing. Yet, you can dump it in the park in the middle of a residential neighborhood. There's a sign posted there that says no dumping, isn't that odd? A sign that says no dumping. And who's dumping? The town's dumping. And that no-dumping sign says it's illegal to do that. That that's illegal. But it's being done anyway. Now, what's the purpose of that sign and what kind of message is that to the community that we'll put a no-dumping sign there, and then we'll dump there? Isn't that a great idea? No, it's not. So then there was -- MAYOR DICKEY: Your time is up, sir. BROWN: I -- MAYOR DICKEY: Your three minutes, the buzzer just went off. BROWN: Okay. Well, I'm almost done. I want to talk about the town environmental plan which was passed by the voters. MAYOR DICKEY: Your time is up, sir. I'm sorry. BROWN: Okay. MAYOR DICKEY: Thank you. BROWN: All right. Thank you for your time. WOLBORSKY: I am Barry Wolborsky still. I haven't changed. I still live here. I'm going to talk about a couple of different things today. And first I'd like to say that I think Justin Weldy deserves a raise. Okay? He's great. Now, I'm going to attack him. In terms of the presentation, I want to talk about the area on Bainbridge and Golden Eagle. I disagree that it wasn't -- it was natural three years ago. It's certainly not natural anymore today. Oh, I'm sorry. And it's a terrible eyesore. It's right at the northeast corner there. And worse than storing the materials there, they're now staging heavy, dirty, big, ugly, heavy TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 33 of 98 equipment there. That area gets a lot of traffic up Golden Eagle. It's a terrible eyesore. It's right across the street from two churches and a preschool. There's a lot of traffic on the sidewalk across the street from it. I understand that there's limited place to store things and equipment, that's fine. I think the town is saving so much money on all of this fill, why not spend a little to put a fence up there, to put some landscaping in, and make it not an eyesore anymore? You can still use it for whatever you want to use it for. But let's make it not awful. And if you've never been up there, take a drive up just past Golden Eagle Park and take a look at it. It's pretty awful. The other item I wanted to talk to is about the flagpole at Golden Eagle Park. This is our award-winning park. This is our premier park in the area. We just spent $300,000 putting in brand-new parking lots that are -- and we were just out there today. The one that's done is beautiful. My wife and I frequently walk in that park and last February the flagpole came down in the storm. We used to enjoy seeing the flag flying there. It reminded us of what this community is. It was nice. And it's right out past Field 3, and so when all the baseball events come, they can look up and see the flag flying on top of the flagpole. That flagpole's been down for six months. I want to ask this council, and I want to ask the staff, why? What's it take to put a flagpole back up so the flag can fly again over our park? That's all I got. MENDENHALL: Okay. Next we have Glen Wollenberg. And then on deck is Mathew Corrigan. Glen also sent in a video that I emailed to each one of you. You may not have had an opportunity to look at it yet. WOLLENBERG: Thank you, everybody, for allowing us this opportunity to address the group. My wife and I moved here only 11 months ago. And both of our daughters live in Scottsdale area, that's why we moved here from a suburb of Chicago. We ended up moving in a beautiful home on Cholla. And the views, we had one and a half acres back in Illinois. We have one and a half acres here, in this community. We TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 34 of 98 look out over these beautiful mountains, but when we go back to the end of our swimming pool, unfortunately, we look at a rock pile. And I hope you guys have viewed the video that I put out there. If you haven't, can you do it at some point tonight or tomorrow? Because I think it speaks volumes about what we're up against with the Seguaro rockpile. Back in Illinois we don't call them rockpiles, we call them dumps. And basically, that's what this thing is. I mean, it's got huge boulders, smaller boulders, but at the end of the day, it's got black top just sitting there; these millings that sit there. So when you look off our property there is a section that must be 70 yards long of rockpile that is anywhere from three to seven feet high. And I can tell you, we did not move into that area to look at those things. It doesn't seem right to me that they can take a residential area, that was approved as a park, and just dump materials there to save money for the village. There's got to be other opportunities, other places in industrial areas to put those rocks and that equipment. So thank you for hearing me out. I appreciate it. And I hope you review the video. CORRIGAN: Madam Mayor, councilmembers. I'm Mathew Corrigan, home owner and resident of Fountain Hills. Homelessness. That term, homelessness, is best identified in an article from Epoch Times dated 6/21/23 by Wesley J. Smith, entitled, "What the Homeless Owe Us". I quote the following: "The homelessness crisis has many individual causes: untreated mental illness, drug addiction, domestic violence, hard economic times. But bad public policies, particularly a misguided approach to helping the homeless known as 'Housing First,' must take a large share of the blame. "Housing First has a nice-sounding name". After all, who and what do people need most? A roof over their heads. That's the foremost thing. "Alas, Housing First should be renamed Housing Only as it was designed in a way that almost guarantees to make the crisis worse instead of better". "Housing First requires nothing in return from the people who are being helped. Worse, thanks to federal rule changes by President Barack Obama in 2013, any homelessness TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 35 of 98 assistance program that receives federal money can only apply the Housing First formula that forbids requiring any conditions in return for housing assistance. Recipients of such aid, for example, cannot be required to attend drug counseling and rehabilitation programs, look for work, or even take their mental health medicines as directed by a doctor. "Supporters of Housing First promised that the program would solve homelessness by 2023. In other words, right now." But obviously, it failed. Supporters of Housing First promised this, and then according to a story in the Los Angeles Times last year, revealed that L.A. showed each housing unit -- homeless housing units to cost $870,000 apiece for a one-bedroom apartment. That's not a solution. End quote. In his Heritage Foundation Report, dated August 4th, 2020, Chris Ruffo, who has studied homelessness for over 20 years of research, concludes his report with three major takeaways: policymakers must rethink the federal government's housing policy first; treatment first programs address the substance abuse and mental health behind much of homelessness and provide the most effective pathway to self-sufficiency. Three, policymakers should redirect housing funds to programs with proven records helping the homeless to overcome addiction, finding employment, and achieve independence. In conclusion, I would say and urge you leaders of Fountain Hills to abandon the housing first policy and go for the cure; help these people and vote for 2313. Thank you. MENDENHALL: And next we have Christopher Enos. ENOS: Hey, folks. I'm Chris Enos and thank you for coming close to the pronunciation. I, first of all, want to thank each and every council person up here. I did a similar job a long time ago. It's a thankless job. You try. You're not being paid big bucks, and I really appreciate everything you do up here. You are the policymakers for the town. And basically, what -- my ears perked up when I heard contract, because I'm a lawyer. And you got another lawyer over here. And contracts are very important. They require enforcement abilities, give and take. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 36 of 98 In this case, the town has a contract apparently that didn't work out so well. I respectfully submit, and I don't know how this is undertaken so far, but if it's been going on since January, it's been too long. The policymakers should not be the ones who are negotiating the contract, with all due respect. And I've done this before. And what you need are attorneys who are also negotiators. You also want some expertise in police work to determine whether or not calls for service are being adequately addressed, response time, and so forth. And you want, from a contract approach, rights of recourse in the event of nonperformance. I'm unaware completely of how much of that's been done so far. I would hope though, that you don't run, as it has been suggested, up until the 11th hour and then are presented a document and then say, well, this was the best you could do. I would hope that your attorney, I'm sure you've been involved in this contract, correct? ARNSON: Yeah. ENOS: Okay. Good. I would hope that you listen to him and that he incorporates the safeguards that will address the apparent deficiencies that occurred before. And that, basically, you can then as policymakers, decide whether or not it's in the best interests of the town to approve or disapprove of this contract. If it's not there, if the safeguards aren't there, this is too much money involved and you've got to remember one thing. The first duty of any town, as any government, is to protect its citizens. If you have to start investigating other ways, if working with the sheriff is a one-way street, it's not helping you, then you might investigate other and further means to further enforce your local ordinances that some of what you're considering tonight. We had a noise ordinance a while back and the sheriff just didn't want to enforce it. So those all should be on the table and you should have the ability to interact in that contract that your very able town attorney's going to negotiate for you. So that you have that ability to retain a good amount of local control. Don't try to do the job yourself, just judge the contract. MENDENHALL: That's it for public comment. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 37 of 98 MAYOR DICKEY: Thank you very much. Our next item is our consent agenda. Could I get a motion, please? MCMAHON: I move to approve the consent agenda. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor? I mean, roll call, please. Sorry. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickie? MAYOR DICKEY: Aye. Thank you. Yes? TOTH: Madam Mayor, thank you. Just very quickly because I was personally named in the call to the public, I have like a 20 second shpiel. I am a fierce supporter of the constitution. Every single American was granted those rights by God, not by the government, and I do not take my commitment to those ideals lightly. I will not ever again address or entertain accusations that imply I believe otherwise about any people group. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 38 of 98 However, whatever your interpretation of any of my statements on nuanced issues may be, I'm not personally aware of any time that Councilmember Friedel has commented on that issue whatsoever. So I'd like for it to be very clear that the inclusion of his name was very clearly politically motivated. I am disappointed by your comments. It is very clear whenever I speak on any issue what my nuanced opinion might be, I will not entertain accusations that there's hate in my heart toward anyone. MAYOR DICKEY: Thank you. When people address council, council is allowed to respond. So that's why she did that. Thank you. Okay. We have our first regular agenda item, which is a possible consideration of a pedestrian in roadway ordinance. Is that you, Aaron? ARNSON: I'm guessing so. MAYOR DICKEY: Thank you. GOODWIN: Mayor and council, before you tonight are a series of ordinances. The first of which is ordinance 2023-11. It's nicknamed pedestrians in the roadway. My summary is in the council report. We've discussed this in a privileged setting. The sum and substance of the ordinance is that it would amend the code to prohibit individuals from standing or stopping in the roadway, medians, or areas adjacent to roadways where the speed limit is 35 miles per hour or greater, subject to limited exceptions. Those are generally defined to be emergencies, roadwork, landscaping work that happens on the side of roads, et cetera. This type of an ordinance was requested at the council's June 20th meeting. And so it's here for your consideration, discussion, and possible action this evening. I, and staff, are happy to entertain any questions. MAYOR DICKEY: Thank you. Ever since we redid our booklet we take comments from the audience first. MENDENHALL: In your packet you have several written comments. The first one is from TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 39 of 98 Jennifer Brown and she is for this ordinance. Rory Wilson is against the ordinance. Liz Gildersleeve is for the ordinance. Patrick Green is against the ordinance. And some of them made their comments so you'll want to read those. And then, in person we have two people who would like to speak. Mathew Corrigan and on deck is Kim Wolborsky. CORRIGAN: Good evening, again, Madam Mayor, councilmembers. Mathew Corrigan, Fountain Hills. The National Highway Traffic Safety Administration -- by the way, I support 23-11. The National Highway Traffic Safety Administration report said in 2021, 7,388 pedestrians were killed nationally. Representing a 13 percent increase over 2020. Not only that, but there were a total of 60,000 injuries involving pedestrians nationally. I observed jaywalking alone has increased noticeably in the last few years and this is now confirmed by these government agency's statistics. Admit it, you probably have seen it too. Pedestrians cross against the traffic and pedestrian lights. It seems almost like a form of rebellion of some sort or a contest. Rather than using the crosswalk, they jog randomly across heavily trafficked areas, five or ten feet from the crosswalk. I don't know if it's a new foolishly devised game where points go to the most extremely dangerous new maneuver in a street dance, or if drugs, alcohol, mental illness come into play. But the game is deadly serious. And I do mean deadly. Whatever the case, safety must be the concern for the city. Other cities and towns have already proactively responded, passing ordinances to keep pedestrians and drivers safe. Glendale, in October of last year, passed an ordinance. Tempe passed an ordinance, 02016.21. prohibiting standing, laying, sitting in walkways, sidewalks, crosswalks, et cetera. These are the norm for cities concerned about safety. And that's the issue, safety. So for those who are violating that norm, we need ordinances. It's plain and simple. We have a problem. It's a national problem. It's a local problem. So again, I support 23.11. It's good law. It's a great ordinance. And please vote for it. Thank you. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 40 of 98 WOLBORSKY: Madam Mayor, and our new vice mayor, congratulations. And the council. Thank you. I'd like to just start by coming up and saying thank you. I brought my Kleenex in case I started to cry again about this. Thank you. I want to thank the staff for getting these ordinances together and I want to thank the council for putting this on the first meeting of the season. I really appreciate it because I think this is a big potential issue for our town. And as some of you know, my husband and I moved here from the Seattle area almost four years ago. And thanks for having this beautiful town for us to come to. We love it. I lived in the suburbs and I worked in downtown Seattle and I took the bus part of the time but I had to drive to work part of the time. And I'm sure you've seen videos of Seattle. There are people living on the sides of the roads, pretty much everywhere. And when you stopped your car sometimes people come out and walk on the street. And it's very dangerous and sometimes people are walking on the street and the entrance to the freeways and other places and it's very scary because you don't know when someone is going to come and there's just a concern, am I going to run over someone? You know? Is this person on drugs? Is this person mentally unstable? Am I in danger? But I think the biggest safety concern is am I going to hurt someone? And no one wants that. No one. And I really didn't want it. So I'm very excited about this ordinance and the others. So thank you. And I am a resident of Fountain Hills. MAYOR DICKEY: Thank you very much. Okay. So I think that's it for the cards. So council? Councilman? SKILLICORN: Thank you, Madam Mayor. I just want to very quickly thank staff for putting this together. I mean, you took the intent of this and literally put it on the paper. And I really thank, and I'm not sure who drafted it, or the team, but it was great. And I also want to thank how prompt this was. I mean, the first meeting back from break, it was on the agenda. I really appreciate that and that really means something to me that this was taken seriously. Because we talked TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 41 of 98 about this -- I was in Alaska, in Dead Horse, Alaska. And we had talked about this on Zoom and all of a sudden, next meeting, it's on our agenda. So I very much appreciate that. I say thank you very much. And really the only point that I wanted to say was that there's a whole bunch of roads in this town that are 35 miles per hour and they're marked "safety zone". They have the big sign, safety zone. It just seems common sense that people are not straying across the road there, on the median, in these safety zones and other 35 mile an hour and above roads. So I thank you very much again. And I encourage everyone to be an eye on this. MAYOR DICKEY: Councilwoman? TOTH: Thank you, Mayor. As we know from our last meeting, which feels like a year ago, but it wasn't. I promise. This was an issue that is very forefront in my mind. It's something that I brought up the last time that I discussed a similar topic. Having people going into the roadway, it is a safety issue. It's a safety issue for the driver. We don't know if that person is at risk of hurting themselves or others. I just, again, would like to echo the comments of Councilmember Skillicorn to thank staff for working on this very diligently and I look forward to passing it, hopefully. MAYOR DICKEY: Vice mayor? GRZYBOWSKI: Do we have local accident and traffic data related to this particular issue? GOODWIN: Vice mayor, we did -- actually, we pulled a number of traffic data -- a bit of traffic data. Obviously, we're a small town. It is not necessarily a high volume, but we did identify -- with Justin's help we were able to look at that and identify that the two primary intersections in our town that see the highest -- not surprisingly, both the highest volume of traffic, as well as relationally, the highest incident rate are Shea and Palisades and Shea and Saguaro. So those are our two highest intersections -- or two highest incident intersections in town, when you look at the data. ARNSON: Are those -- sorry. GOODWIN: It's okay. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 42 of 98 ARNSON: I was just going to follow up with a question. Those are either 35 mile an hour or higher streets, right? GOODWIN: Correct. Okay. GRZYBOWSKI: My follow-up concern is, I think I read it in the staff report that the MCSO hasn't received word from their legal counsel regarding the enforcement of the proposed ordinance. Have we heard from them to know how we're going to make this happen? MAYOR DICKEY: I don't think so. ARNSON: We have not. I don't know if Larry's heard anything otherwise. KRATZER: No update yet. ARNSON: No update. GRZYBOWSKI: No update. I kind of have a problem putting something into place that we don't have a way to be able to enforce it. I also wanted to talk about -- now, the traffic data that you mentioned was specifically Shea and Palisades and Shea and Saguaro. Mentioned was speed limits of 35-plus. We don't have enough crosswalks in town. So jaywalking happens way more often than not, and there have been two council people that I know of, on the dais right now, that have admitted that they have crossed -- that they have jaywalked. Because we just don't have enough crosswalks. And to say that there's one five feet away in most areas of our town is inaccurate. That's why we put the new one in last year or was it the year before? GOODWIN: It's been (indiscernible). GRZYBOWSKI: Colony Drive-ish? Tower Drive? Somewhere over there. GOODWIN: (Indiscernible). GRZYBOWSKI: And that closest crosswalk was over a half a mile, if I remember correctly. So I'm kind of having a problem with that. And that's all I have to say right now. I've got notes for later if we go further. MAYOR DICKEY: Councilman? FRIEDEL: Aaron, is this our ordinance or is it MCSO's ordinance? Why do we need to get their permission to have an ordinance in our town? If we have an ordinance, aren't they TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 43 of 98 supposed to enforce it? ARNSON: Mayor, and councilmember, this is our ordinance. We're contracted with MCSO to enforce our ordinances. But this is the town's ordinance. MAYOR DICKEY: Councilwoman Toth? FRIEDEL: Thank you. TOTH: Aaron, correct me if I'm wrong. But the ordinance appears to say that this is regarding stopping or remaining in any portion of the roadway, not necessarily increasing enforcement on jaywalking? ARNSON: Mayor, and councilmember, the text of the proposed amendment says that it will be -- if passed, it would be unlawful for any pedestrian to stop or remain in the portion of any roadway designed for vehicular use, et cetera, et cetera. Does that answer the question? TOTH: It does. Thank you. MAYOR DICKEY: Councilwoman? MCMAHON: I have a couple of issues. A difficult time looking at this as basically content neutral, and not having a consideration for panhandlers involved in this without actually saying so. Last June, when we sat here at council and talked about it, the conversations about the medians, panhandling, and homeless issue all came under the guise of a homeless. It didn't start with safety. And that's on public record. So I have a difficulty separating this out from not trying to stop panhandlers from being in medians as part of this, versus wholly, 100 percent for safety purposes. I also haven't seen any of the traffic studies from the town or from MSCO (sic) supporting something like this ordinance would be in order. And the particular proposed ordinance specifically states that the council has studied the issue, considered traffic and accident data, and determined that prohibiting stopping and remaining, et cetera. Well, we haven't done that. I think this is indirectly targeting panhandlers. I think we have to be very, very careful about that because they are a vulnerable, protected class and we have to make all of TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 44 of 98 our ordinances that directly or indirectly affect them constitutional. And in addition, back on the last page, criminalization of somebody standing in the median is, to me, you're not really -- you're criminalizing an act that really isn't criminal contact. And I say that because it's saying that a misdemeanor in the first degree would be applicable to someone violating this particular ordinance. A misdemeanor in the first degree is a pretty hefty misdemeanor, $2,500 fine, up to six months in jail, et cetera. So given the conduct and the act, I just have to ask is this excessive fines or excessive in light of what conduct we're talking about? Because I think that under the Eighth Amendment of the Constitution this type of punishment for the act is cruel and unusual punishment and will not pass the muster constitutionally. And in addition, prior council we took a -- it's my understanding, you can correct me if I'm wrong, Aaron. We took a look at the statutes and the penalties for things that are civil in nature, they're not criminal in nature. And so therefore this is already in violation of what we have already decided in our town for civil penalties versus criminal penalties. Did I misstate that or I didn't say it correctly or whatever? So on its face and along with what Sharryn said, I would like to move that we discuss this further, that we take time to look and analyze the traffic data. I'm not questioning what you're saying, but I would like to see it because I don't want to put anything that is questionable or perhaps might be unconstitutional in any way, especially about punishing people for a simple act of standing in the median. ARNSON: So mayor and councilmember, with respect to the last point about penalties. I think it was about a year and a half or two ago that council took action to modify the penalty scheme in our code. To have the default, unless otherwise stated be civil penalties for violations instead of criminal penalties, for the simple reason that it's extremely difficult for staff to try to consistently try to enforce criminal laws, which involve a whole different set of due process standards. Much easier to cite people civilly. So if there's a desire to look at that provision of it, I think staff would certainly be open to it. I have -- not looking at anyone in particular, but I haven't heard any objection one TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 45 of 98 way or another to that. You can deviate from the civil scheme if you want to, in a particular ordinance. But if we wanted to call this for a first offense it's a civil penalty and follow our standard format, we can do that. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, when I saw these three items on the agenda tonight, I thought that this one might be fairly simple. It seems like we're -- this should be called the codifying common-sense ordinance, okay? This is a no-brainer. The U.S. Department of Transportation, Federal Highway Administration points out that pedestrian crashes account for 17 percent of all traffic -- you know. ARNSON: Fatalities. KALIVIANAKIS: Fatalities. And 74 percent of these occur at non-intersection locations. It's important to note that our ordinance does not single out any group but is for the general safety of all the Fountain Hills' pedestrians. Our language that staff wrote says, and I quote, "Safety concerns inherent with the individual stopping". Not the homeless people. Not the panhandlers. Individuals. That means everybody. There's no Eighth Amendment. There's no singling people out here. And there's certainly not cruel and unusual punishment. It's just, we're looking out for people. That's what we should be doing, looking out for the folks. Particularly, in high-traffic, high-volume streets and thoroughfares. That's the language. It does not single out homeless. It does not single out panhandlers. This ordinance is akin to a warning label, okay? It is to protect by providing direction about potential risks associated with loitering or walking in nondesignated walking paths. Also this ordinance can make a significant difference in determining whether Fountain Hills can be held liable for injuries caused by foreseeable accidents that will undoubtedly occur by violators. You may ask at this point, aren't people smart enough to know where to walk safely? Well, yes but maybe, no. Because if you look at some of the TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 46 of 98 warning labels that we put on our products, I note on the chainsaw label, "Do not hold the wrong end of the chainsaw". On a snowmobile label, it says, "Never use a lit match or open flame to check fuel level". There was a label on an iron that says, "Do not iron while wearing shirt". There's a warning on cans of pepper spray. "This item might irritate eyes". And so, I think, all we're doing here is codifying something that is common sense and I would certainly be in favor of supporting this ordinance. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. Well, I'm very enthusiastic about keep people safe and protecting our town. So I'd like to make a motion to approve this as drafted. TOTH: Second. MAYOR DICKEY: I have some comments, please. The idea of this -- I know we all had legal advice on the ups and downs of this. If we were to look at it as strictly for safety, I would rather see it narrowed a bit. First of all, the civil penalty part of it, I'd rather that's not in it, right? Even though you said that's default. But the way it's written right now it wouldn't be the default. So I don't know if people would be amenable to that. ARNSON: Could I clarify -- MAYOR DICKEY: Yes, please. ARNSON: -- my statement on that, mayor? So the reason that we have the reference to section 182, which is the criminal and civil traffic penalty provisions of our code. That's what we're referencing that to. If we wanted to switch that in reference to the civil penalty provision of the code, section 183, we could do that. So I should probably -- I needed to clarify a little bit. MAYOR DICKEY: That's one of the things, obviously, that I think would be helpful. As far as the intersections in areas with crash data, Shea and Palisade, Shea and Saguaro, I think when we looked at the turning -- looking at the turning lane at Fountain TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 47 of 98 Hills Boulevard and Palisades, we talked about that being particularly active intersection. So I don't like the whole 35 mile an hour general like that, because I think we should concentrate on where we've seen evidence of this being more of a problem; of people being in areas where it's more dangerous. Getting back to the common-sense thing, and I know I've talked Aaron about this because I think that when we put the sign safety corridor up, we have done things in the past without warrants and such. So I think we made some decisions on safety based on common sense. So when it comes to Shea and Saguaro, even a sign spinner in a median, I don't think that would -- I think it's a distraction. Carwash, so there's a light. The light could be saying turn left, turn right, go straight. There's somebody standing there, there's a crosswalk. I think that is worth discussing that that is a distraction as well. I don't know if it -- I would never want it to be a criminal distraction, but I think that it is logical that having somebody in a intersection like that is potentially something that creates a situation that indeed has to do with safety. And one other thing that I thought about a little bit, was when you do cross an intersection that has a median, and it has a crosswalk -- a light, sorry. It will tell you -- it gives you enough time to get from one side to the other. Not to stop in the middle at the median. So I think, that's a little bit of a intuitive message that they think it's not safe to stop in the middle. So I've said this before, I do have a problem because the agenda item is on homelessness. And we are to make this about safety for everyone. I don't know how you make that leap. And I think it's probably risky, but some of these more narrow effects would be something I would ask you to discuss and look at. Perhaps get brought back to us without the criminal -- perhaps not every street that's 35 miles an hour. But where we know we've seen issues of safety, where there's a lot of activity. And again, I think on this level there are legitimate safety concerns that we can talk about. But if you don't agree with anything, except the criminal part of that -- well, I won't be able to accept this as is. So if you're willing to change it at all for any of the things that I TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 48 of 98 said -- Councilman, you have something to say? MCMAHON: Yes. I don't know if I made a motion earlier to move this off and for further discussion. But maybe I didn't. But again, I can't approve it. I can't agree with this. Because it stipulates that we have studied and seen safety issues on this and we haven't. So again, I think it's premature given how this is written and also for cruel and unusual punishment. We're criminalizing and act of standing in the median. And if you think about that, if it were you standing in the median for whatever reason, and you went beyond a certain time or whatever, and all of a sudden, you're criminally charged with standing there. I mean to me it's just -- it doesn't match. It's not criminal conduct. And for those reasons, the reasons stated by the mayor, I would really appreciate it if we would take some more time to have the sheriff's department, to have our staff, study traffic issues, et cetera, and come back based on safety concerns versus indirectly using this to eliminate panhandling or other excessive conduct. So I would appreciate more time on this before we create this particular ordinance. Thank you. MAYOR DICKEY: We do have a motion and a second on the table. Would anybody like to have any further discussion? Yes. GRZYBOWSKI: If I could just say that if we removed the criminal, I think -- not remove a criminal, but the criminal section, I think that I could see standing behind it. Another part of my concern is this subject was brought up when we started discussion on homeless. Homeless was mentioned in one of, I believe, the written call to publics. And jaywalking was mentioned, which is why I brought it up and brought up the lack of crosswalks that we have in our town. So we do need to, in my layperson's eyes, make a distinction that this is not about homelessness. This is not about jaywalking. That this is a 100 percent about safety. And again, if we could remove the criminal and go from the one town code to the other town code that our counselor mentioned over there; then I could see approving it. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 49 of 98 MAYOR DICKEY: Any further discussion? We have a motion and a second on the table. Could we get a roll call vote, please? MENDENHALL: Councilmember McMahon? MCMAHON: Nay. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Motion to table? FRIEDEL: No. This is -- GRZYBOWSKI: Approve as written. MAYOR DICKEY: Approve as written. KALIVIANAKIS: Oh. I thought this was a motion to table? FRIEDEL: No. TOTH: No. This is Allen's -- FRIEDEL: This is Allen's motion and seconded by you, correct? KALIVIANAKIS: Oh, I thought the motion is to table? [CROSS TALK] FRIEDEL: No. There wasn't a motion. TOTH: And I seconded. KALIVIANAKIS: Then it's easy. Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Madam Mayor, permission to explain my vote? I just want to make a point that as the person that asked for this, as the person who initially made a motion for it, the record should reflect this is about public safety. This is about keeping people safe, motorists safe, pedestrians safe. It has nothing to do with any class of people or any individuals. It's about keeping people safe. And my vote is aye. MENDENHALL: Councilmember Toth?: TOTH: Aye. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 50 of 98 MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Nay. MENDENHALL: Mayor Dickie? MAYOR DICKEY: No. Thank you. MAYOR DICKEY: Okay. We can move onto the next one, which is the prohibited solicitation. Aaron? ARNSON: Round two. Mayor, members, and council. As the mayor stated this is agenda item 9-B. Ordinance 23-12, prohibited solicitation. At the June 20th council meeting, the town council discussed a variety of options to alleviate the negative effects of homelessness both for unsheltered individuals living on the streets and for business owners and residents nearby. The council is well aware and can appreciate that this is an issue that faces jurisdictions not only county-wide, but state-wide, nation-wide. We are not alone in the issues that we deal with with respect to unsheltered persons living on the street. At that June 20th meeting, the council directed staff to bring for council consideration and adoption, an ordinance that is identical to the ordinance recently approved by the City of Glendale in October 2022. The ordinance that we brought forward in connection with that council direction is identical except that it replaces the word "city" with "town" and "Glendale" with "Fountain Hills". It is here for the council's consideration, as with the last agenda item. We've discussed this in a privileged setting as to the possible benefits and concerns of the ordinance. We're ready for the council's direction as to how to proceed. MAYOR DICKEY: Thank you. Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. First, we have written comments that are in your packet. Jennifer Brown is for this ordinance. Rory Wilson is against the ordinance. Liz Gildersleeve is for the ordinance. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 51 of 98 And Patrick Green is against the ordinance. And Patrick wrote some notes on here. So read those. And then we have one person in person who would like to speak on this issue and it's Mathew Corrigan. CORRIGAN: Hello, again, Madam Mayor, councilmembers. I know you're tired of me but here I am. I applaud the courage and direction the council majority has taken to protect the residents and visitors of Fountain Hills from aggressive panhandling and soliciting. Since October 12th, 2022, the City of Glendale has shown the correct path to protect the community from aggressive panhandling by passing a similar ordinance. Thank you for taking action on this public nuisance. Until this year, the city has taken an apology position for eliciting and soliciting by defending the beggar-aggressor as victims of homelessness and reminding the residents and visitors with signs asking the law-abiding citizens to be the enforcement arm against the aggressor by reminding them it's okay to say no to panhandlers. Give instead to organizations that help those in need. Great idea. That's not the way to take care of the problem. Panhandlers use the sign as shade in the afternoon sun. Thank goodness we have a new majority with the courage to lead and create reasonable ordinances to protect residents and visitors and allow law enforcement to enforce the law to protect the citizens instead of the aggressors. But let safety be the first concern. Protecting all, both the law-abiding and the aggressor-offender. Please do the right thing and vote, yes, on ordinance 23-12. Thank you. MAYOR DICKEY: Discussion, please. Councilman? SKILLICORN: Thank you, Madam Mayor. So again, thank you staff for drafting this and getting it out to us. And sometimes I like to go right to the ordinance and read what's there. The details there really matter. And really go to the intent about this. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 52 of 98 So the public commented a couple of things and maybe that isn't quite correct what the intent really is. So let's go right to the ordinance here. And it talks about aggressive solicitation. It talks about the loss of access or enjoyment to our public places. It also talks about the sense of fear and intimidation. Those are all items that, as a council, we have to really protect the people of our town and we have to protect the visitor of our town. And that's why we're really here. And I'm going to go on. And so it specifically says, sometimes individuals will solicit money near banks, near automatic teller machines, near places where other people are going to be confined environments. That's where some of the solicitation takes place. And literally, the ordinance says right there, and in the ordinance it says, it is our desire to protect the citizens from fear and intimidation. That's exactly what we're doing here. This has nothing to do with a protected class. It has nothing to do with homelessness. It has nothing to do with panhandling. It's about protecting our town, and we want to protect the people and the residents and the people visiting us from fear and intimidation, from aggressive solicitations. So I'm going to urge an aye vote on this. MCMAHON: Aaron, in your memos to us you strongly suggested this not be passed, because it's literally certain to fail. The Glendale statute is really still very broad and sweeping. And that is, it's not nearly tailored as required under the Constitution. And I understand that the ACLU has sent a letter to Glendale suggesting that they change the statute -- I mean, actually eliminate the statute. Because they are contemplating filing a lawsuit, not only against Glendale but possibly other towns and cities that might enact such a broad and sweeping statute. And as for being aggressive, that's also pretty suggestive and an assumption of assumed conduct by somebody that's merely being in a particular place and time. And I think that could be challenged as well. Because what the court does look at is, they look at this as freedom of speech under the First Amendment being paramount. Because, oftentimes, panhandlers either voice or have a sign and therefore, and in other cases that I've read and looked at, that the courts have weighed in favor of First Amendment TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 53 of 98 rights versus banning somebody standing -- banning something like this. And I know I'm not explaining this very well, and I'm sorry. But I think that this -- I don't think this is going to stand up to the Constitution. I really think that the ACLU is really, really closely looking at cities and towns and what they're doing and that they will probably file suit. And again, I'm going to look at the Eighth Amendment for cruel and unusual punishment. It's a petty offense. It's not a misdemeanor in the first degree offense. And I think other statutes -- or the other statute I think we talked about, I wasn't sure if 113.219 is in force or not. ARNSON: Yes. MCMAHON: Did you look at that? ARNSON: It is. MCMAHON: And it's a violation of this section is a petty offense. And that has to do with aggressive. So I think, once again, here we are we're criminalizing an act that given the act, that the criminal penalty is excessive and I think the fine is excessive. And once again, we have civil penalty on our books. So I completely disagree with this. I think that it's too broad and unconstitutional, and therefore I am absolutely not for it. MAYOR DICKEY: Councilwoman? Vice mayor? GRZYBOWSKI: No? Okay. Just make sure that Aaron didn't want to speak. I don't see Director Wesley here. Oh, I'm sorry. You are back there. This is probably a question for you. When we have a peddler or a solicitor that comes to town hall to get a license, tell me about that. Do they have to fill it out and tell you what it -- or this is a Pock thing? I'm sorry. It was nice to see you, though. Is -- SKILLICORN: Is he hiding out? GRZYBOWSKI: He was hiding in the back. How is the form filled out? Because panhandling, which is a form of soliciting; so how do we handle a peddler or a solicitor that comes to us? Does the form ask what their intentions are? What blocks they'll be going on? That kind of thing? POCK: I do not believe it makes them specify which blocks. It just means that they're TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 54 of 98 going to be approaching houses in residential districts and that sort of thing. It is an application. We do require background checks for peddler's licenses. There's a $250 application fee for that. So it's not something that just anybody would come in and retrieve. GRZYBOWSKI: And that's kind of and that's kind of where I'm going with this conversation. If you look up the definition of panhandling, it tells you it is a form of solicitation. So is there any way that we can treat it as solicitation? I realize that the intent is different but if we treat it as solicitation, which runs a background check and charges a fee, automatically if I'm aggressively approached by someone, I'm calling my friend Larry. I just kind of feel like with -- what was it? Read v. The Town of Gilbert and the issues that I've read there, yes, protect; safety of people is important. But trying to protect the town from litigation is also kind of important here. So where do you think about requesting a solicitation license or whatever it's called. ARNSON: A couple of thoughts come to mind. And again, not having had but just now to think about it and the conversations that I've previously had with at least one other councilmember today. I think that the way that we could -- so first of all, if that's the direction of council for us to evaluate can we require of all solicitors, right? Solicitations for donations or charitable donations to obtain -- what did you say, a permit or a license or something like that? Certainly that's something we would explore. I think there are probably a couple -- there's at least one potential legal issue, is are we still carving out a certain category of speech, right? Solicitation on the whole from the rest of speech. But then practically, even if we're not running into that legal issue, Rachael and I were talking about something earlier today. That you then start to get into the issue of if we really want to regulate all solicitation in town, that means we really are going to regulate all solicitation in town. I mean, if the panhandling has to fall under solicitation, then the bellringing at Christmastime has to fall under solicitation. And I don't know if the Girl Scouts have to fall under solicitation or -- I don't know. So I'm worried about how far that expands if we get into that category where we make it all inclusive. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 55 of 98 Those are my initial impressions. And I would certainly want to look at it further if that's the direction that council wants us to go. GRZYBOWSKI: Okay. ARNSON: Sorry. Was that more than -- GRZYBOWSKI: Such a lawyer answer. I'm sorry. MAYOR DICKEY: Councilman. SKILLICORN: Thank you, Madam Mayor. There is one point that I did want to follow up on that was brought up about the First Amendment and, again, let's go right back to the text of the ordinance. "Town council does not intend to limit a person from exercising constitutional right", on here. It's right in the text that's covered. And our intent is not to take away First Amendment rights, we want to protect them. Again, we're just trying to protect people from fear and intimidation. And I don't know -- I would like to motion to approve it as drafted. TOTH: Second. MAYOR DICKEY: Yeah. MCMAHON: You can't put -- it's not going to work. People have fundamental rights to the First Amendment, to free speech. And just because you put a sentence in a particular ordinance, it doesn't wipe out that person's rights. And you've seen this time and time again in cases. And especially, you see it in panhandling. They have a fundamental First Amendment right to free speech, which even includes if they're panhandling. We can't make it unconstitutional and we can't criminalize it. And again, I'm going to ask, Aaron, in your memos you strongly suggest that we not -- ARNSON: I'm sorry. I have to put -- I have to stop. MCMAHON: Okay. ARNSON: I have to stop. I can't recommend that we, absent the direction of the entire council, that we disclose contents of attorney/client privilege communications. I'm sorry. MCMAHON: I'm sorry. I didn't intend to -- TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 56 of 98 MAYOR DICKEY: Well, that -- it's up to the client to decide if they want to. ARNSON: It's up to the council to decide whether to waive attorney/client privilege. MAYOR DICKEY: Yeah. ARNSON: The council collectively, is the client. MAYOR DICKEY: Okay. Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. This is kind of a tough one, kind of isn't. 23-12, the prohibited solicitation is fixable. And it's something I recommend we bring up at a future council meeting. But in its current state it's clearly unconstitutional. I think we all read the same cases, the Read v. Town of Gilbert. Unlike the previous ordinance that it just talked about individuals crossing streets and where it was very neutral as to its application. If you look at this ordinance that we're going to pass, whereas pedestrians, repeated solicitations, this is clearly designated for panhandling. All the courts have held that this kind of an ordinance -- and people have tried it for years and they used to accept this and this used to be okay until the Supreme Court came down and struck them all down. And now there is absolutely no chance constitutionally this thing passes muster, unfortunately. I don't want to be the bad guy, but I've got to look out for this town, that's my number one duty. I don't see solicitation as an issue that is compelling right now, that we have panhandlers all in our streets and we have to deal with this today. But we can deal with this a month from now and we can get it done correctly and wisely, and that's what we should do. In my research, okay, these type of cases, if we lose, and trust me the ACLU will be on this case and this will probably make the Arizona Republic, because we'll be now the third municipality to pass an onerous anti-panhandling statute. This will make news statewide, possibility national, and we just can't hide behind oh, technically this or practically that. No. We're going after panhandlers. It's very obvious to me. So we can fix it. And importantly, and in the cases that have been litigated, the plaintiff's attorneys TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 57 of 98 collect their attorney fees from the towns and the municipalities. So when we get sued, we're paying the bill for the person suing us, who would be the plaintiff. Is that what we want to do? Knowing that we don't have a chance in court, but we're just going to risk it? And then get sued, and then what we'll probably end up doing is strike down the ordinance, drop the charges, and walk away looking foolish, like we didn't know what we were doing and we weren't aware of the law. And as a lawyer, I can't afford that. It's not right. It's in violation of my oath of office. So I think what we should do is, I would respectfully look at you, Aaron, I don't know if you'd just like us just to table or approach this at a future date; with the instructions to staff to clean it up and to make this more neutral? Like we discussed, like you discussed earlier, Sharron, and you should have been a lawyer because your analysis was very good. GRZYBOWSKI: I may quote you -- KALIVIANAKIS: We would have to -- GRZYBOWSKI: -- with that later on. KALIVIANAKIS: We would have to tighten it up to include all solicitation. Because right now we're saying link somebody out and we don't do that. And so our town staff could rewrite this so we're not targeting anybody and make it more neutral in nature. And then we could pass it and then we could do what we want to do. MAYOR DICKEY: Could I ask you not to make a motion to table, so I can have a chance to speak on this? KALIVIANAKIS: Yeah. I wasn't. I just was asking him what he would think and then, Ms. Mayor, I would defer to you, what do you think. MAYOR DICKEY: Thank you. I have one -- KALIVIANAKIS: If you understand my analysis. What you would like to do. MAYOR DICKEY: I think when I look at what this is trying to do, it's talking about aggressive behavior. Aggressive behavior is never okay. Feeling threatened or touched or harassed or impeded is never okay. So take out the language about solicitations and take out the language about locations, and we have the law that already exists. I don't TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 58 of 98 really see why we need to do this, unless you want to look at making aggressive behavior, in general, higher fines, more penalties, or whatever. And we've seen a lot of aggressive behavior on all kinds of levels that don't have anything to do with solicitation. So if we want to look at that law, that already exists, against somebody harassing you or bothering you, then I'm all for that. But you're 100 percent right. Take solicitation out and take the locations out because otherwise, you're trying to tell someone what they can't say and that's impossible. FRIEDEL: Allen are you okay amending your motion to do that? SKILLICORN: I want to vote. MAYOR DICKEY: We have a motion and a second on the table to pass this as is. Roll call, please. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: No. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: No. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Nay. MENDENHALL: Mayor Dickie? MAYOR DICKEY: No. MENDENHALL: It fails. MAYOR DICKEY: Thank you. Our last item on this topic is about urban camping. Aaron? ARNSON: Mayor and council, the item before you is ordinance 2023-13, regarding TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 59 of 98 urban camping. Staff has prepared this ordinance with having had some extensive experience researching these and advising cities and towns on enforcing urban camping ordinances. There are a couple of finer points that I want to put on this ordinance. First, staff does recommend adoption of this ordinance. Urban camping ordinances are permissible, acceptable even on their face in courts of law. The caveat to that is that since 2018 or 2019, the Ninth Circuit has put some pretty significant constitutional limitations on urban camping ordinances. The bottom line from those cases is that a municipality can enforce them -- the municipality can enforce these ordinances but cannot do so if there's no public place or available shelter reasonably available to an unsheltered person. So in other words, to enforce it you have to first conduct an individualized assessment to see is this person in fact involuntarily homeless, does the person have somewhere to go whether by means of a public place where they can go or a shelter where they can go. In my view, speaking frankly, it's an unfortunate evolution of case law. It's an unfortunate development that cities and towns across the Ninth Circuit are universally dealing with, including the City of Phoenix. Nevertheless, that's the space that we're dealing in. So I would suggest to the council that in connection with this adopting this ordinance, if the council chooses to move forward with adoption, that we also explore ordinances for ensuring that, with our facilities in adjacent jurisdictions that we explore options for making sure that shelter space is available so that we can allow for consistent enforcement of the ordinances. So those are my recommendations. MAYOR DICKEY: Thank you. Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. First in your packet are written comments, one from Jennifer Brown, and she is for the ordinance. One is from Rory Wilson, who is against the ordinance. One from Liz Gildersleeve, who is for the ordinance. And Patrick Green who is against, and he also writes a statement. So you'll want to read that. And then one in-person public comment from Matthew Corrigan. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 60 of 98 CORRIGAN: Madam Mayor, Councilmembers, hello again. Urban camping has become a national problem and appears to be increasing. Cities and towns across the country are taking proactive action using ordinances to protect property owners and residents from this new blatant scourge to, especially, our desirable community and neighborhood. We've seen the dangers of allowing urban camping to be supported and sustained by a city, Los Angeles, San Francisco, Seattle, Portland, and numerous other American cities have become havens for crime, addiction, lawlessness, disease, and filth. In short, city created slums. The zone in Phoenix was a prime example of this with 2,000 vagrant residents living in deplorable conditions until a judge wisely ordered the city to vacate and shut down the area and award all the area businesses or most of them, and residents, some of them, with financial compensation for damages and reparations. I support ordinance 23-13, because it wisely protects the integrity of Fountain Hills as a highly desirable town, attracting new home owners, businesses, and visitors. We hear a lot of talk about keeping Fountain Hills attractive, desirable, beautiful; we want to protect what we love. It's a natural instinct. We want to protect it; we want to defend it. This is one way we can do that, and yes, the Ninth Circuit has had an impact across the west where they make these decisions. Not good decisions. The ACLU, in my opinion, makes lousy decisions and files lawsuits against just about everybody. But that's the way it is. There are avenues, as I understand it from my limited research, for cities to work around those by offering alternate venues for those impacted by the need, supposedly, for urban camping. And that would include offering an alternative -- not in Fountain Hills, where we have no such development but other cities. And I don't know how you, as leaders, are going to handle that or compensate it. But referrals are one way. We have close by towns that offer Christian communities that their whole calling is to help solve these problems by helping those people solve their own problems. And through faith or other means, you know, and I'm talking about non-Christian groups, those community efforts are successful. And again, just to repeat myself, the TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 61 of 98 other alternative is almost never successful. Thank you. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. Again, thank you staff for putting this together. A couple of things that I just want to point out is, just the other day I was at the Maricopa government center, I happened to drop by the recorder's office there. And if you're not familiar with what's going on there, we've got the sheriff's building there, we have the recorder, we have got the clerk, we have a big complex of buildings. And just two block west of that complex we have hundreds of people that are living on the right-of-way. Literally, these are not just tents. These are structures. People are like building shanties on these structures and they're living there. Now, they don't own this property. It's technically right-of-way. But think about if you own the property there. If you own that parcel, what can you do with it? You've got, maybe, a dozen people living in front of your property there. If the town or the city isn't going to act and isn't going to ask those people to leave or convince them to leave or motivate them to leave, you have a property that's worth zero. You cannot develop it, you can't do anything with it, and it's a shame. And I don't want that to happen here in Fountain Hills. Now, there is a bit of irony, is that if someone would put a political sign, code enforcement will come and pick that sign up right away. Literally, there's people that are watching this video right now, who will call or email code enforcement within seconds of seeing a political sign up. Yet, if I steal a shopping cart and I put a lewd message on that shopping cart, I can park it at any right-of-way in town, no one will stop me. No one will stop me. So ladies and gentlemen, we do need to act on that. There is a double standard here and that double standard is that we're letting certain people allow our town to become blighted. And that's something that I will not allow. And that's why I make a motion to approve this as drafted. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 62 of 98 MAYOR DICKEY: Any further comments? MCMAHON: We're not talking about political signs here. We're talking about human beings and we're talking about urban camping. We just can't arrest ourselves out of the situation. Across the United States there is a homeless issue. It's bigger than all of us. This isn't a solution. Criminalizing camping is not a solution. It's making it worse. And also, any law regulating the act as sitting, sleeping, lying down, or keeping warm and dry outside on public property, must be objectively reasonable based on the totality of the circumstances as applied to all stakeholders, including persons experiencing homelessness. They're a protected class of people. So as we can't seem to be looking like, in our ordinance, we are targeting homelessness. How many homeless people do we have in town? I think through the point in time survey by MAG and I think even Capt. Kratzer mentioned, we have four or five. I personally, have not seen them camping. The one incident we had was on state regulated property and they handled the situation. We don't even have jurisdiction over that property. There's two cases, is my understanding, and you can correct me if I'm wrong, Aaron. There's the Grants Pass case and there is the Martin and Idaho case before it. And coupled together they state, the government cannot criminalize indigent homeless people for sleeping outdoors on public places on the premise that they had a choice in the matter. That happens when they have no access to shelters or adequate alternative shelters in the town or cities in the jurisdiction for those people to go. And basically, the Grants Pass case found that to be tantamount to involuntarily homelessness, which is not a criminal act. For Martin the government cannot prosecute homeless people for sleeping in public if there is a greater number of homeless individuals in a jurisdiction, the town, than the number of available shelter places. And as a follow-up, Grant Pass found that there were more individuals within their jurisdiction than there were available shelter beds. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 63 of 98 So I think that urban camping, I don't think we're just talking about Boy Scouts going out to the lake to camp, et cetera. We're talking about unsheltered people sleeping and camping in our town. Which I have yet to see. Maybe other people have, I haven't seen it. And again, we're criminalizing a human act and the Grants Pass found that it was in violation of the Eighth Amendment as cruel and unusual punishment for a mere act of sleeping on public property, et cetera. I think we need to find a solution first rather than criminalize people sleeping out on public property that they occasionally do here. I have spoken with one or two people today from MAG and other cities and towns and they are not criminalizing this act. They are providing shelter, and if they can't provide shelter then they are providing access to other shelters and/or they are contracting or agreeing with hotels in and out of their area that if the Maricopa County Sheriff's Department encounter somebody that happens to be unsheltered and might be sleeping on the sidewalk or whatever, then they can work together. Versus automatically criminalizing that person for sleeping on the sidewalk and putting them in jail or fining them $2,500. They help find a solution for it and they refer them out. The men's shelter out here, I know that the sheriff's department has referred them out, however, they have a strict intake. They can only intake people in the morning. Also CAS and other areas have lengthy intake processes, for two or three days. They can't immediately take that person. So therefore that person remains unsheltered and a protected class. So I would like to work with a solution versus criminalizing this and bring it back later on. I'd like to work with the town manager and the mayor to consider and think about possibility agreeing and providing some type of access to alternate shelter in our town, as Grant's Pass provides, so that this type of an ordinance, if we eventually pass it, will stand up to constitutional scrutiny. Because others have failed because they haven't done that. And this is a serious, and I'm not little of the situation. It is a serious problem. It's a human problem. It's not a criminal problem. And I would like, like Mesa and other TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 64 of 98 towns and even Scottsdale, to work together to provide a solution versus automatic arrest of a person for sleeping on the sidewalk. Thank you. MAYOR DICKEY: Aaron, can you address some of that, please? ARNSON: Yes. I think so. MAYOR DICKEY: Specifically why you feel comfortable recommending that we pass this? ARNSON: Well, and I'll note that by the way when -- there was a second, just for the record, there was a second from Councilmember Toth, at least I think there was. Is that right? MAYOR DICKEY: There was. TOTH: Yeah, there was. ARNSON: Okay. So just so that's clear for the record. The reason I'm comfortable with adopting an urban camping ordinance, is that no case has ever said that an urban camping ordinance is unconstitutional. It can be unconstitutional as applied when you fail to do the individualized assessment to say is the person here involuntarily and is shelter reasonably available to that person. If there is shelter reasonably available to that person, whether that's going to a family member's home, whether that's going to another public place to sleep, whether that's going to an actual shelter space, it is acceptable to cite and enforce under proposed 23-13. I will note that -- and the other reason that I'm more comfortable with this and I don't want to put words in Larry's mouth, I just know how it has worked in other jurisdictions that we represent. We typically start with the work with the individual approach. The idea behind these ordinances is very rarely to arrest the person in the first instance. At least with the jurisdictions I've worked with, including with MCSO and other jurisdictions, arrest is last resort, not the first resort. So the idea is to try to connect the person with services. And if necessary, and the person refuses to move along from the space where he or she is located, then civil citation or arrest becomes on the table. But it's more of a last resort than what you lead out with. And I think that's just typical in police work, and I'm getting a nod from Larry in the back. I'm not a police officer but TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 65 of 98 I've worked with them enough to know that. MAYOR DICKEY: You said civil, so is this different than the others? ARNSON: So this is civil. It's a civil penalty, punishable in accordance with our code except that criminal sanctions can apply for habitual offenders. So if you get a repeat offender coming back, we can escalate it. MAYOR DICKEY: Okay. council -- vice mayor? GRZYBOWSKI: Actually you had your light on first. MAYOR DICKEY: I just have them all here, so I don't know. TOTH: Well, thank you vice mayor and therefore, Mayor. Thank you, Aaron as well. And just to also talk about those points. My understanding is we already give a not insignificant amount of money to A New Leaf; is that correct? GOODWIN: I'm really glad you asked, because part of this conversation tonight is exactly what Aaron just articulated. Is that if the ordinance passes, we need to have a shelter space or an alternate location or some sort of reasonable place that they can relocate to, otherwise the ordinance is not enforceable. That being said, we have not committed this year's budget allocation to any particular space. TOTH: I see. GOODWIN: So the New Leaf that you just mentioned, was where we put it last year, we have not moved forward with any dedicated space for that yet. So what I was going to say, and I appreciate you bringing it up was, if this passes tonight, I will assume that that is something we'll probably need to investigate and potentially look at using that funds for that purpose. TOTH: Okay. Thank you, Rachael, for that clarification. And in that case, yes, my understanding would be that we have the certain amount of money allocated in our budget for somebody, whoever that might be. But as long as we're under the understanding that we'll be looking into that and that, again, as Aaron mentioned, it's not an automatic arrest. We're not trying to ruin lives here. We're just trying to provide the correct avenues for people to be able to help themselves and for us to be able to TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 66 of 98 help them. When we talk about urban camping there are safety issues there. We are well aware of a recent complaint that we all on this dais, received photos of that was very close to a school. That's not something that I take lightly and I imagine that my fellow councilmen feel the same. We don't know, that's why we pass ordinances like this. I don't know if someone is homeless. I don't know if they're just urban camping. I don't know if they're there for the right reasons or the wrong reasons, and I really don't want to fail on the end of them being there for the wrong reason. That is a very short version of a very convoluted and nuanced issue. But with that, I'm done commenting. MAYOR DICKEY: Vice mayor? GRZYBOWSKI: This probably won't be very popular, but I wanted to let you guys know that I do know of two unhomed people in town that sleep on private property with the permission of the owner. I do know of two of those. So we discussed that the question is, is shelter reasonably available? Do we have real- time data showing where beds are available and how are we going to get them there? ARNSON: So two-part answer to your two-part question, Councilmember. The first question was do we have real-time data? The answer is no. There isn't a centralized database of available shelter beds that shows you in real-time who has what available. There are a lot of reasons for that. Some of the reasons are different shelters serve different populations. There are shelters for men, shelters for women, shelters for families, shelters for domestic violence victims. All sorts of things. So it's not like they're all collaborating to say what's what we have and here's what another space has. The way that it typically works, and maybe this is where I'll ask Larry to maybe address some of your additional concerns. The way that it typically works is, you connect with a provider, either in Mesa or in Phoenix or in a neighboring jurisdiction, where the city or town has an agreement with that provider to say in exchange for X you will give us Y number of guaranteed beds. Whether it's one or more, right? And so we know that when we make that call, the person on the other end can say, yes, TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 67 of 98 we are aware, we are aware of the contractual agreement that we have with you, and there is a shelter space available. So for a smaller jurisdiction like ours, where you're not dealing with this on a day in and day out basis, that's how it works. You make the phone call, they answer, yeah, we've got a space available, come on down. In the larger jurisdictions, in your Phoenix and Mesas and other places, it's a much more complicated process that we don't need to get into tonight. But for our purposes, it's a matter of calling our contracted provider. That's what it would be. GRZYBOWSKI: Okay. I kind of feel like it's -- putting my business hat on. I cannot guarantee you two beds as the Town of Fountain Hills because you may go for three weeks and not need them. Well, I've got these two empty beds here that I can fill. And I realize that it's a business owner, it's a completely different conversation. But to say we have guaranteed beds, I feel like that's difficult for these kinds of facilities, because it's just not fair to them that there are two empty beds and then there's two people in Mesa that could fill those beds. ARNSON: Yeah. So to respond to your question, now we're treading into an area that I know less about in terms of like how they coordinate with each other. But I do know that in some instances, at least I can recall one, where if there's not -- because in fairness, they have shelter beds available, they want to fill them. They're a shelter, they're there for that purpose. If it's full, I've known a situation where they've called a neighboring shelter and said, do you have another space available where you could accommodate this person. Or where we could transition another individual to another location. So that cooperation does exist; I don't know to what degree between any two particular providers. But that level of cooperation exists to where they can share information if it's oh, shoot, we gave away the bed that we had guaranteed to Fountain Hills or to Scottsdale or to whoever it is. That they'll come back and say, there might be one available somewhere else, let's figure it out. GRZYBOWSKI: So how are we going to get them there? ARNSON: Rachael? TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 68 of 98 GOODWIN: At this point, we've been working with MCSO. If they have a unhoused person who is willing and agrees to head to a shelter or to seek services, MCSO has worked with us to get them there. They've been willing to provide that. However, because it hasn't been often. It's not something that we're doing on a nightly basis or multiple times throughout the day or whatnot. So through MCSO's support we've been able to do it that way. GRZYBOWSKI: Okay. That is good to hear and I know we've got Tarryn working with the MCSO. I don't remember what her job is. But hopefully there's somebody available 24 hours a day that can help coordinate that kind of stuff and they can work with the other facilities. I was having a conversation with somebody about homeless specifically, and they're all criminals was basically -- no, that's exactly what she said to me. And I want to remind everybody that being unhomed is not illegal. Everybody is one paycheck away from being homeless. There are horror stories just in the Phoenix valley area, especially during COVID, where people got put into the hospital and kicked out of their apartment and didn't have family to help them and they get out of the hospital and have no house. So I do firmly believe we're all one paycheck away from it happening. That being said, you can't assume they're all criminals either. You don't know who your neighbor is. If you look at the sex offender list, as of June 16th we had six total registered to the 85268 ZIP code. Four are level 2, which is moderate risk of reoffending and two are level 3, which is a high risk of another sex crime. If you look at the warrants, again as of June 16th, we had 60 people with warrants who used the Fountain Hills ZIP code as their last known address. And I'm not accusing everybody of calling these people criminals. I'm just reminding you that you don't know who your neighbor is, just like you don't know who the unhomed person is that's on the street. That being said, I truly appreciate that you came knowing how we're going to get them there and that we have the ability to send them somewhere and that this is the kind of thing that's defensible. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 69 of 98 I feel like, as much as I don't want to do this, I feel like we have heard from enough people. The only thing that really turns me off is the whole remain in a sitting position. I kind of have a problem with -- so they go use the park, what is going to indicate that they're homeless? The fact that the guy brings his cart or he looks like a criminal? That, I really have a problem with, otherwise I think I can see going with this because that seems to where people want to go. Thank you. FRIEDEL: Finally. Aaron, thanks for clearing up a couple of things because I had also wanted to mention that we don't look to put people in jail on a first contact with people. We try to work with them. And I have twice now -- this is the third time, I said that we should have performance metrics tied to any donations or contributions that we make to these shelters so that we know that they're available to help the people that need help in our town. So I still think that that's something that we need to follow up on and make that part of our process as well. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: I think Allen's first. MAYOR DICKEY: Oh. Whatever you want. KALIVIANAKIS: You want to speak? SKILLICORN: There was just a couple of follow-ups that I had and one of them -- so I have personally toured and investigated a few of these shelters and there are nights that those shelters fill up, but that's not every night. So there is some availability and this is not a -- Fountain Hills is still a very moderate problem. It's not pervasive. This is not going to be a phone call we make every night. And because of the fact it doesn't fill every single night the odds are that there's going to be some availability on those nights. Now, one of the shelters that I investigated personally will pick people up. There's also another organization that will transport people to a shelter. So that's two options for transporting people. But there's something else that we can actually get into that Ninth District ruling is that TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 70 of 98 I've had conversations with some of the people and they flat out refuse to go to shelter. They flat out refuse. They would rather live in a certain situation that they have than go to a shelter. Well, that's not defensible. That's not something that violates that ruling. If they refuse to go to shelter, that's a completely different situation. And every single person I've asked that question to has refused. So that tells me something that it's not -- we're not imposing something that is over the top here. This is reasonable, and I don't think any business owner in Fountain Hills wants access to their business blocked by a shanty, by a tent, by people -- even if they're just in a tent hanging out, it's intimidating for customers. That right of way is designed for the public to use. It's not designed for building structures. And this is what this is about. The idea of criminalize someone sleeping on a bench is not true and it's inherently dishonest to claim that it is. This is about people manipulating the system and taking advantage of the right of way and taking it from us, the people. That's what this is about. MAYOR DICKEY: Okay. ARNSON: The only thing I was going to follow up as to say, with respect to someone declining shelter when shelter space is available, I agree that doesn't run afoul of any Ninth Circuit precedent. If there is shelter space available and they decline, they're not involuntarily homeless anymore. They're voluntarily there and we do have the ability to cite pursuant to whatever ordinance we adopt. I agree. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Again, number 3, the urban camping. You know my test, is it constitutional, is it going to pass muster or not? That's my test. I know that some of what we're passing tonight, some people might think are tough ordinances and some probably don't think they're tough enough. But I would tend to be more for the tougher ordinances but they're on this side of the constitutional line. It's unfortunate that the last prohibited solicitation we didn't follow Gerry's advice and just tweak that a little bit and we could have had that one passed tonight. So that's unfortunate. But that's old business. Let's move on to urban camping. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 71 of 98 Unlike the previous ordinance, this does apply to individuals, okay. It does not call out or pertain specifically to panhandlers or homeless or anything. It's neutral in its origin. It's neutral in this ordinance. The Municipal Research Services Organization, MRSO, has issued a letter saying that what we're proposing tonight is constitutional. If you look at Tempe's urban camping ordinance which was passed in 1997, updated in 2018, it's still in working order. If you look at Phoenix's, even though for what it is, they do have an ordinance against urban camping and right now they're trying to address that. Fountain Hills has shown good faith and the fact that we have been funding the New Leaf center to the tune of approximately 40, $50,000. So we're in the spirit of the law where we can relocate these people. That's very good. This urban camping, I mean, we had a homeless person that went to state trust land, paid the permit, and was up there, and when the sheriff's office came up there, showed them the permit and he says I'm here legally. And so we're not trying to do anything untoward. We just don't want them camping here unlawfully. But if they want to go outside our jurisdiction, go ahead, or if they want to pay the permit, go ahead. So it's not like they don't have any options. They don't have job probably; they can just walk over there and walk back into town the next day. So I did like Allen, and Allen made a good point about other facilities that are available to bridge that gap and there are services that will pick them up. If you Google homeless shelters, the list is voluminous: Central AZZ Shelter, Cas Family Shelter, Homeless Haven, New Mom New Day, Phoenix Rescue Mission, Society of St. Vincent de Paul, Lodestar, Cat's Men Shelter, Bridge to Hope, it goes on and on. There's many, many. So it's not like we're just going to throw the people out on the street. There's plenty of places to take them and I do agree with Allen too, that a lot of these people, they simply like the lifestyle and they don't want to live under four walls and with somebody else's rules. And so that is their option but it's not going to be their option to pitch a tent in our park and to tell us to go to hell. And so I think this passes the constitutional muster test. It's neutral. And so I would be for adopting or approving the ordinance 2023, urban camping and I would like to make TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 72 of 98 a motion to do so. FRIEDEL: There's already one on. MAYOR DICKEY: Yeah, I think one already. KALIVIANAKIS: Oh, we do? Okay. Good. GRZYBOWSKI: Just one comment about the people refusing to go to the shelters. Help should not come with a catch. Whether it be a religion, or treatment, it should not be a requirement. So a lot of times you're going to find that the homeless refuse it because many of the shelters come with a catch. I think that should be part of our issue, our shelter should be catch-free, and I realize that that's hard to explain to the people that this is where you're going, there isn't a catch, there is no expected treatment. The goal of the shelter should be get them into shelter, get them showered. Now, what do you need? Watch my stuff while I go apply for a job kind of thing. The whole problem of you have to go through treatment or you have to learn to pray the way I want you to pray, that's what is the turn-off to many of these people. ARNSON: So you raised actually a couple of very good points, councilmember. The first is that in Martin v. City of Boise, it's specifically says that if someone doesn't want to go to a religiously affiliated shelter, a municipality can't compel them to do that. So that's just necessarily a part of it. A lot of the shelters around the valley, some have pretty strong restrictions. Some are low- to no-barrier shelters. In other words, some are -- they come, they stay, and the idea is to transition them out of the low- to no-barrier shelter, to get them into a more full-blown service model. So that's certainly something that I think we can look at, and I don't know that we'd actually struggle to find a low- to no-barrier shelter option. We may, but I don't know that we will. Yeah. MAYOR DICKEY: Thank you very much. Yeah, there just seems to be a little of a bit of wanting it both ways. Because we got criticized for the 40,000 to A New Leaf which was a good option and an alternative. But at the time we found out there were some shortcomings and that's why this year we're looking elsewhere. I believe we understand that by giving a gift to one of these shelters is not the same as TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 73 of 98 having a contract, so we may have to look at having a contract where, yes, and if you don't have a -- if that particular one doesn't have a bed, then they have to find one for you. But again, this is a very rare occurrence here in town. But we'll probably end up looking at something like that with a different shelter. Because that one did have some issues about when they could go in and such. The other thing, well, to kind of just wording things. I think like Sharron said, so remaining in a sitting position. I don't get that one. So you're sitting on the curb waiting to get picked up by your mother or something and you're wearing whatever teenagers might wear or whatever somebody might wear who's out running and needs to be picked up. That seems like an odd one to me, sitting position -- remaining in a sitting position. And the other one is about Aaron or Rachael, like as far as sleeping in a park during the day. So I bring in a blanket like we see and such, and how do you deal with that aspect of it? And so those are kind of more mundane things. But so the sitting part, what to do about parks. I think we're good with the shelter as far as what we'll look for. But along with what Sharron was talking about, vice mayor, the idea that somebody is bad or evil or whatever because they're in situation and dangerous, and they were -- and generally that they were, councilwoman, that they were by the school. I think they were by the school for years and there was no intent there or record. I think the arrest ended up being because of something that happened several years ago. Like using a restroom or something. So I just want to kind of bring that discussion back on what we're talking about. I agree, nobody wants the urban camping and the such, and we don't want to ruin the property values of businesses, that people can't get into their business. So those are all legitimate. But we must just be careful not to categorize things in a way that, like, Sharron said, you don't know -- we don't know anybody that might be living by a school or anywhere else. And then Mr. Corrigan mentioned faith-based help but then said, but not here. So that was just kind of -- well, you originally said, well, they needed shelter but not in Fountain TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 74 of 98 Hills. And it was kind of, I think a lot of people think like that. But we have a lot of churches and such here, and it's possible that a church may want to help out and do the things and get the services and have a full-fledged way to get out of this way of life. So I don't think we should act like our churches shouldn't do that or our churches are somehow above doing what other churches are doing in other places. This is the whole reason we got involved with MAG, is because it's a regional issue. I think we have something that we can agree to pass here, but some of the conversation I think need to take a look at ourselves a little bit. Anway, and if that's funny, I'm sorry. But we have churches here and they could serve people. So anyway, I think we have a motion and a second. I don't -- I'm still not sure about the sitting part on curb, and the sleeping part in a park. ARNSON: I mean, motion and second on the floor. If someone wants to make a motion to amend to eliminate that language, I don't have any objection to it. Just follow the amendment procedure to get a motion and a second, and vote on that to see if it passes. MAYOR DICKEY: I think the sitting part is the -- the sleeping part might take of itself because the parks close at 11. So that might be okay. But if anybody would be willing to entertain taking out the sitting -- what is it? Remaining in sitting position part. I think that might help some situations. SKILLICORN: Point of order. Doesn't the originating motion take precedence? ARNSON: No. So according to Roberts rules and our rules of procedure, if there ever is an amendment on the floor, you vote on whether you're going to take up that amendment. If it fails, take up the main motion. If it passes, the main motion is amended to include the amendment. MAYOR DICKEY: Well, first you vote on the amendment and then, if that passes, you vote again on the main motion? ARNSON: Correct. GRZYBOWSKI: So yes. I would like to make an amendment to remove the remain in a TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 75 of 98 sitting position clause. ARNSON: Fair enough. We need a second. MAYOR DICKEY: I mean, I suppose I could second it, but I can see where it's going. I'll second it. ARNSON: Okay. MAYOR DICKEY: I've never made a motion or seconded anything. But I guess I will. ARNSON: That's fine. So now we just vote on the amendment and if it fails, we proceed with voting on the main motion. If it passes, the main motion will be amended. MAYOR DICKEY: Yes. And we can discuss the amendment which is to just remove the phrase, remaining in a sitting position on a public street, alley, lane, parkway, or other right of way, whether such right of way has been dedicated to the public (indiscernible) easement. So if we pass it without the amendment, then sitting in any of those places will be a civil offense. Please roll call vote on the amendment. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Toth? TOTH: No. MENDENHALL: Councilmember McMahon? MCMAHON: Nay. MENDENHALL: Councilmember Friedel? FRIEDEL: Nay. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Nay. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Yes. MAYOR DICKEY: Yes, I like sitting on curbs. But it fails. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 76 of 98 MENDENHALL: Mayor Dickie? MAYOR DICKEY: So we will vote on the main motion unless there's any more discussion? Okay. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Nay. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Nay. MENDENHALL: Mayor Dickie? MAYOR DICKEY: Aye. MENDENHALL: It passes. MAYOR DICKEY: Thank you very much. Okay. Our next item is about a parking analysis. Justin? GOODWIN: Mayor, if I may? I just wanted to bring a reminder of this item, that it's a -- actually, what Justin's going to be talking about is a result of the 2020 general plan which was approved by our voters. Keeping in mind that it is a plan. There are a number of action items in there but we are not beholden to them. They're goals and objectives that help direct staff and council. So tonight's discussion is related to goal 4 in that general plan, which indicates an effort to assess our required parking capacity in our parking facilities downtown and make recommendations based on best practices. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 77 of 98 So I think Justin's going to get into the details for us. WELDY: Thank you. Imagine, if you would, that about every seven and a half to eight years, a discussion comes about the general plan amendment. There are a large number of volunteers that put forth effort towards the general plan. Whenever its finally agreed to it goes to the voters. A spinoff from the general plan that directly impacts the staff is the strategic plan. In this particular case the strategic plan assigns this responsibility to the public works director and the development services director. What the voters decided primarily, based on special events and other activities where there's limited parking, is that the town should spend a little money to see what, if anything, could be done primarily in the town center. That is this side of Panorama, including but not limited to Fountain Park. From El Lago north to Palisades and La Montana. So that general area there referred to as the town center. During any well attended special event, we are all aware of the challenges that we face. If approved, and this goes forward, the assessment will identify what we may or not be able to do in partnering with business owners and private parking lot owners, which by default are businesses and/or plat owners or NPOA, or neighborhood business associations. It's challenging, especially for a couple of marque events that the town actually puts on. Which is the Turkey Trot; very, very popular. Basically down to zero parking, including but not limited to all of the private parking. The other one that is immensely popular is the Fourth of July. This is going to take all that into consideration. I think it's important to note that this is part of the 2020 general plan. We discussed it with the town manager numerous times at several meetings, nearly every month. And each time I was asked, you made any progress? No, sir, I have not. Most recently it has turned to ma'am. The reason is it took two and a half years to get anybody that would be willing to look at it because it's relatively low dollar threshold in a location that is not readily available and accessible to most. And on that point, I would like to point out this is within the TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 78 of 98 town manager's authority to approve this contract and move forward. I was uncomfortable with that, so I brought it to the pedestrian and traffic safety committee some months ago and explained my concerns about that. Primarily, around transparency, and it's still an expenditure from the town budget. That body opted to come forward to the mayor and council based on recommendations from the town manager and myself. That's why we're here tonight. We want to know your opinion on how you would like to proceed with this expenditure and obviously the outcome, which is a parking assessment and the direction that comes from that written document is likely to include future funding. And it could be a multiyear horizon, depending on the ambitions and recommendations. With that, I'll do my best to answer any questions I can. MAYOR DICKEY: Thank you. Do we have any speaker cards on this? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Councilmember? SKILLICORN: Thank you, Madam Mayor. And thank you, Director, on this. And one thing -- there's going to be actually three points I'm going to have. So the first one is 361 days a year we have abundance of parking spots in this town. And in my experience, I don't drastically change our plans or we make special nuances for such a small percentage of the time. It is an issue on four days a year, but only on four days a year. So I don't see it as a huge need, and so I'm concerned about that. So the next thing. If I was going to ask staff to print out every study we've done in the past decade, we would have papers stacked to the ceiling, filling this entire room. We're not just talking dozens, probably hundreds of studies. Millions of dollars spent on studies. And the majority of those studies, unused, unapproved, it was just money that was spent. I see this as yet another one that we're going to spend money on this and it really isn't going to affect us. And even if it did affect us, four days a year. But here, really, I think is TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 79 of 98 what just absolutely kills this with me and why I'm going to be an absolutely no vote. So I do a little research on this company that's doing this study or proposing to do the study. And sure enough, on their website, I find that they promote road diets. Literally, they have a road diet plan on their website and they talk about a road diet is a reconfiguration to reduce motor vehicle travel. This is the company that we want to give us a roadmap for what we want to do in our town. I just don't see that. Frankly, these guys are more interested in their DEI score than serving the needs of Fountain Hills residents. And for that reason, I'm going to be a no. And just a moment ago, I saw a staff member make a face. How inappropriate and I will remember that. MAYOR DICKEY: Councilwoman? TOTH: The first thing that I want to address here is, thank you, Justin, for choosing to be especially transparent. This being something that you didn't technically have to put before us. And same goes to Rachael. Thank you for that. The second thing I want to address is that I fully disagree with the four days a year statement that my fellow councilman just gave. Off the top of my head, the Fountain Festival is six days a year, eight if we count setup, which we should count setup, as town staff is probably well aware. Concourse in the Hills, I believe that's two days, Octoberfest that every other year now, but that is two days when it does happen. We've got Fourth of July, Thanksgiving, what else do we have? Ballet Under the Stars, had a pretty good crowd this year, and music fest. This is all just off of the top of my head and I'm already well past four. And with this town, I see a lot of passion and a lot of pride in this community where we're probably going to only grow on annual events, from our nonprofits, from -- we're talking about the reality of what this Dark Sky Discovery Center is going to hold for the town and that's going to need parking. The one note I'll have is that I would -- if the conversation has not already happened, if I'm already saying something that's occurred, go ahead and ignore me, Justin. But if the conversation hasn't already happened, to bring up the Dark Sky Discovery Center with them when they are studying off of your experience how many people might this bring TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 80 of 98 to town and what can we do to accommodate parking for that area. That is also part of town center. I know it's the plat 2084 squares that we're probably focusing on, but my point being is, our town center area we do need to talk about parking. We have tons of events in this town and parking becomes the number one complaint. I absolutely loved Concourse in the Hills. It was an incredible event. I so look forward to the next one. Driving around town while Concourse in the Hills was happening, not fun. I'm just going to say it. I'm not that good of a driver. It was kind of scary. My point being is -- yeah. Thank you. I will leave the parking lot first. Besides that little joke, my point in all of this is that the less parking on the street, the better. Let's find ways to solve our parking issues even if it is only 20 days a year or so. MAYOR DICKEY: Thank you. WELDY: Madam Mayor, councilmember, if I may address one of her questions. In fact, not only the International Dark Sky Discovery Center but a five- to ten-year horizon will be looked at based on where we're at and where we're moving, not only in the general plan or the strategic plan. And also for those looking at undeveloped parcels or the potential for those parcels. TOTH: Thank you. WELDY: You're welcome. MCMAHON: Thank you, Justin, for your presentation. I appreciate it. And I agree with Councilmember Toth, we have a parking problem. It's going to get worse with the Dark Sky Center. I think this is appropriate. It's beyond just looking at the parking problem. It's looking at the downtown, parking on the street, the whole nine yards. The fact of the matter is, Fountain Hills is growing. Our businesses are growing. There's development and redevelopments going on. There's going to constantly be a need for more parking. Also, as for the comment that Councilmember Skillicorn made about the waste of studies and we have stacks and stacks of them that are valueless. I have to disagree with that. Listening to you and the other town members over the past couple of years about the warrants and about the studies that are required by different governmental TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 81 of 98 entities to get funding, et cetera, I don't believe that they're a waste. In addition, I think we have contracted with this Kim Lee and Horn before on matters, or no? WELDY: Madam Mayor, councilmember, that is correct. It's a different division which kind of muddies the water. This group is out of Ohio. MCMAHON: Correct. And we're not the only town or city that contracts with them, they're a reputable business. So I disagree with some of those negative comments. And I think this is a really good idea. It's in concert with the plan and I think that we need to have it done. And thank you very much, appreciate it. WELDY: You're welcome. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. This first came to my attention because I am on the streets and safety commission. And when this first came up, I thought, I'm probably a no on this. That's a lot of money. But I'm glad I had the heads up, because it gave me a chance to think about it. And actually, I talked to stakeholders and business people in the community and I asked them about parking issues. And believe it or not, even though I kind of see Allen's point that we only have a number of big events a year, parking is a concern to the business owners and to people. We are a tourist town and we hope to expand that tourism. The Dark Sky Discovery Center, it turns a page on parking. And so yeah, I'm kind of leaning with Councilwoman Toth and Councilwoman McMahon. Initial blush, I was against it. But upon reflection I think it's a good thing. And also, I'd just like to thank our town manager for taking a project that was under $50,000 but just wanting to get the council's input on that. I think that's really good governance and I appreciate you bringing that before council tonight. But I would be a yes. MAYOR DICKEY: Councilmember? FRIEDEL: Justin, the review here says a review of current and past relevant studies. When was the last parking study done? TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 82 of 98 WELDY: Mayor, councilmember, I've not been able to find one. There have been traffic studies or assessments that were part of developments and some of those touch slightly on parking, but they're primarily focused on the applicant and/or the development itself. And so they will certainly take that into account. I don't want to single out any development nearby in the town center, but there are several of them that are squeezed for space, if we can say that without offending anyone, to the best of my ability this late at night. FRIEDEL: I guess I see the need for some analysis, but I sure don't like that price tag. You're already telling me that we have a squeezed for space thing going on in town. Do we need them to tell us that too? WELDY: We're not asking them to tell us that. We're asking them to use their professional opinion to show us or provide to us the direction of how we could possibly alleviate it or work out a long-term multiple phase solution to implement it. So again, they're going to provide some guidance and options. And then those will come back to the elected body after staff has a chance to review. FRIEDEL: So we don't have any staff that's qualified to do that, like our town engineer or other people that could do that for us? WELDY: If it was just a single person, councilmember, or maybe one and a half, I would agree. This is probably a half dozen people and hours and hours, and I have an incredible amount of confidence in the limited staff we have. I'm just not sure that we could accomplish this goal in a timely manner. MAYOR DICKEY: Vice mayor? GRZYBOWSKI: I have heard for years complaints about parking and that we need to build a parking garage. Unless we have a study that's looking at new apartments that are going in, and that's looking at Dark Sky that is coming in, and is looking at other things that we have the ability, the space to still build downtown, I don't think you can answer to these people. That being said, isn't this also necessary to be in line with our general plan, to have a study? TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 83 of 98 GOODWIN: It is. That's where this originated. GRZYBOWSKI: Okay. So I'm actually ready to move to approve as written, so that we can meet our general plan. TOTH: Second. MAYOR DICKEY: Thank you. Could I speak, please? FRIEDEL: I have one more thing. MAYOR DICKEY: Okay. Go ahead. FRIEDEL: We've got a big parking lot sitting down at Target that we could use with a shuttle for any event that we have in town too. I don't think we've ever done that; have we? Does anybody know? GRZYBOWSKI: Not that I'm aware of. FRIEDEL: Not that I know of either. So I don't know. I'm having a hard time digesting the 48,000 for this one. We have a parking lot that's down there that's 80 percent empty all the time. And it's very easy to get a little shuttle and then you give people a tour of the town too. WELDY: Madam Mayor and councilmember, and I don't want to disrupt your proceeding here. We will certainly discuss this in the event that it moves forward tonight. Keep in mind that that area has multiple different owners and each of those owners would need to be willing to enter into an agreement and my experience has shown that very few property owners are willing to donate something they consider of value. So there most likely would be a fee. MAYOR DICKEY: Yeah. It's private property. So that kind of goes hand in hand with some of the other discussions we've had. Councilman Skillicorn, I think, I don't want to be wrong, but I think you said 99 percent of the studies we've done have not been used. I've lived here 40 years and believe me, the planning that goes into not only our own town but what MAG does, who I know that you don't have high esteem for, we wouldn't have a 202, we wouldn't have a 101, we wouldn't have extra lanes on the 10. These are forward-thinking people with degrees in that, engineers, whatever and that's what they do. They plan areas, municipalities, TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 84 of 98 that's what they learn, and unless that is meaningless and you think we can sit up here and decide these things ourselves, on every study, on every traffic study, on every park, it just doesn't make sense. We talk about staff, that's part of being in a small town. We don't have the staff to do the traffic studies that we want. We want the developers to come in but we don't have the staff to take care of this. So this is how you look forward. And it is in the general plan that was discussed for a long time with a lot of different groups and then voted on and approved by our community. The Kim Lee Horn thing, they've being doing stuff with us. Maybe it's a different division, I don't know. But we've been doing a ton with them for years and years and years, and if we're going to look at the websites of everything, of everybody, that we do business with to see if they say Black Lives Matter or something, we're going to be in trouble. We use them for what they do for their clients. And if a client wants a skinnier road or more sidewalks or bicycles, that's what they're going to do for them. They're going to do for us what we are hiring them to do. So I'm 100 percent for this. I think we have a motion and a second, and unless you have anything to say about that, which is fine, we're can be ready to vote. It's up to you. All right. Can we have roll call, please? MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Nay. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 85 of 98 MENDENHALL: Mayor Dickie? MAYOR DICKEY: Aye. MENDENHALL: It passes. MAYOR DICKEY: Thank you. Our next item is kind of along the same lines. It's a traffic signal that's been planned for for a long time. Is that -- yeah. Thank you, Justin. WELDY: Thank you, Madam Mayor. This is actually -- staff is coming back to you to ask you to approve a final design. This originally came before the mayor and council in the fall of 2019/2020. At that time, an assessment of the intersection of Palisades and Eagle Ridge was requested. And I think it's important to note this right now. The town staff did not go out to Eagle Ridge and Palisades. The assessment of that intersection was based on feedback received by the mayor and council and staff. And was part of a collaborative discussion that went on for a considerable amount of time about the best approach. At that time, staff brought forward an agreement to do an assessment of that intersection. That resulted in a warrant analysis, we know for a fact, after having discussed this several times. We met several of those warrants and I met with a gentleman just yesterday, to discuss this over a glass of tea. And he just cannot believe that there's a 1,000 vehicles a day in that intersection. I want to note that the equipment and technology used for vehicle counting is up to date and state of the art. We are not the only ones that solicit this service, not only from this company, but several others. But also MAG uses this equipment for their regional counts. I have absolute faith in the data, that the information that was provided to us by Kim Lee Horn is accurate. I would also like to note this is another one of those items that the town manager and I have been having a considerable amount of discussion about. This is currently in the budget that was adopted for this year. There is currently a valid contract for this. Simply could have sent a notice to proceed and moved forward. It's a small dollar threshold. Again, we have budget and contract authority. We think it's best, she and I, to bring this TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 86 of 98 forward because of the discussions that have been had in the past and comments that we've heard not only from the residents but from the elected body. Here's an opportunity for each of you to share your opinions and provide direction to staff related to this intersection which again, is just a final design, not approval for construction. With that, I'll do my best to answer any questions you may have. MAYOR DICKEY: Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. In your packet you have one written comment -- well, no comment, just that they're against it and that's from Liz Gildersleeve. And then we do have one in-person comment. And that's from Barry Wolborsky. WOLBORSKY: Yes. I'm Barry Wolborsky still, and I'm double dipping tonight. I'm opposed to spending the funds to finish the engineering study for a traffic signal that we don't need on Palisades and Eagle Ridge. That we will not build and it poses a huge danger to the citizens of this town. And I'm going to give you my reasoning. The staff summary that Justin talked about and the warrants that he talked about have to be met if you may have a signal. Not that you should have a signal. That you may have a signal. So once the warrants are met, then you're allowed to have a signal. The first is 75 vehicles per hour. That's about one and a quarter vehicles a minute. I think Phil's Restaurant probably has more than that on an average lunchtime. The second warrant is that there has to be 400 cars an hour for four hours. I have a great deal of problems with this. I've spoken about statistics to this council before, you may remember or you may not. I would be very interested to see when these -- I agree with them, I think the equipment is wonderful. I think it's accurate, and I think it's people that run the equipment. And I would really be interested to see when these figures were taken. Were they taken in August or were they taken in January, are they taken on the Day of the Concourse, were they taken some other day? I have a real hard time believing that 1,600 cars go through that intersection in a four-hour period. And the reason I have a hard time with that is because I'm a statistics guy and that tells me that ten percent of TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 87 of 98 all the people in Fountain Hills went through that intersection in a four-hour period. I don't think so. Now for legal issues. A.R.S. 12.820.03 gives municipalities immunity from road design if the road met acceptable standards when built with the exception that if the road has become obsolete, warning signs are there. We have signs. They're called stop signs and I don't think it's obsolete anyway. So I don't think we can get sued for anything that happened. I did some research on it; I wasn't able to find anybody that got sued for not having a stoplight. So I think that's not an issue. However, if the study is completed and says that we should have a stoplight, I don't know if that applies anymore. Lastly, but most importantly, is safety. I've never seen a vehicle go through that four- way stop at full speed. But with a green light, they're all going to be going through that intersection at full speed and the poor guy turning south out of that intersecting street is going to get creamed and it's not going to be fender-benders, it's going to be fatalities. That's all I got, thanks. MAYOR DICKEY: Any more? MENDENHALL: No. That's it. MAYOR DICKEY: Thank you. Councilwoman? MCMAHON: Justin, we've talked about the warrants before, et cetera, that are saying that a stoplight is needed here now and with the growth of Adero Canyon, the growth of our town, et cetera and in the future. This is for -- we've already spent a lot of money on the design. This the balance of that to complete the design. It's not to put a traffic light in there, it's basically to have a design for one because we know one is needed now and will be needed in the future, correct? And it is in the budget, right? WELDY: Madam Mayor, councilmember, that is correct. It's also important to note that while it's a little bit over the original estimate for design, it was discussed back with the original developer a little bit more than 25 years ago. They did deposit $50,000 in the TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 88 of 98 town's account for the eventual design and construction of course. And to be fair, in those days a traffic signal was less than a half million dollars. Nowadays, a traffic signal, realistically at that location, is $1 million. But the answer to your question is we have met the warrants, so we're completing the design. The manual on uniform traffic control devices, MUTCD, and the federal highway administration provides guidance on what a municipal county, state, or federal government should do when the warrants have been met and the previous speaker is correct, the word shall is not in that direction. It's should. So the word shall build a traffic signal isn't in there. It also doesn't discuss the time frame. It just simply states, you've now met these warrants and you are aware of the fact that you need a traffic signal. You need to put forth a plan to design and eventually construct that. And the reason there's not any time constraints is, obviously, it's -- we're multiple years into this one in discussion and design. MCMAHON: Thank you. KALIVIANAKIS: Thank you, Ms. Mayor. Some of what I'm going to ask you, I think we've already discussed many, many months ago. But just to refresh our memories. On the final design, would this be valid -- say if we put off this project for three to five years, would this design still be good or would the come up with another obstruction? Like, the emergency vehicles problem that we had? I'm just wondering if we spend the money, we finish the study, but if we don't build the light for five years, are we going to have to do another study? WELDY: Madam Mayor, councilmember, an additional assessment will not be required. So the sealed plans are basically the life of a traffic signal, even if it's not constructed. The only thing that is likely to change is the technology and, with all due respect to those in my industry, not very quickly. The biggest change we've had is going to digital controllers and also conflict monitors, and a few years back, finally getting away from incandescent and going to LED. So once we pay for this, it is ours and basically stays that way until we build it and the only time that we would need that engineer of record to come back is if we wanted to make a modification to say the traffic signal at Saguaro and Palisades, to put in a protected left. That same engineer of record from that time TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 89 of 98 would look at that intersection and say, okay, I agree or disagree or here's a new direction. So the plans are the plans. Once they're approved, they're ours and they remain valid for the life of the signal. KALIVIANAKIS: Okay. Thank you for that. And then, also in the packet it mentions grant funding, and again, this is a $1 million project. What are the likely prospects of getting grant funding for his project, at least partial grant funding? WELDY: For the ones that are currently being released, we're not seeing much of an opportunity there. It's very difficult to predict what the future will bring. Neighboring agencies have been able to apply and receive grant funding in numbers that would really make us excited to come back and tell you we got, but it includes walk signals, traffic signals, and crossing primarily. Most of what is being focused on now is pedestrian safety. And so they're willing to pay for those types of signals and the modifications to the roadway to accomplish that. KALIVIANAKIS: Are there many pedestrians in that intersection? WELDY: We did not count the pedestrians as part of this. I will say that Fountain Hills is one of the most active smaller communities around. One only need to be out in the early morning during -- KALIVIANAKIS: But at that location? WELDY: There are people that walk there but I wouldn't know. But when I'm referencing the grants that are available, the grants that we looked at so far, that we didn't qualify for, actually went to municipal governments that were putting in different types of traffic signals, primarily for pedestrians. In the future, we will continue to look for every grant opportunity -- KALIVIANAKIS: Of course. WELDY: -- to either offset or cover the majority of the cost for something like this. KALIVIANAKIS: Of course. Thank you. And then my last inquiry would be what Barry talked about. The difference between shall we know, should we know. When they say the warrants indicate that we should, TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 90 of 98 would you explain? Just drill down on that a little bit? WELDY: I'm going to drill down on it without getting into an incredible amount of detail on the record. Basically, we are aware of the fact that we are not meeting a level of service and we were just a tiny bit short of not meeting one of the warrants, which is the crash data. Had it not been for a recent pandemic we most likely would have met that. Once that is established, there are specialized firms out there whose clients may or may not crash in our intersection, and they're going to come to a jury and/or a settlement and state the reason my client was injured was because the town did not build a traffic signal. So that they're trying to give us a little guidance in regards to that. You know, that it's warranted and, you know, the reasons why. Put together a plan to build it. KALIVIANAKIS: Thank you. WELDY: You're welcome. MAYOR DICKEY: Vice mayor? GRZYBOWSKI: So I want to point out that this is 90 percent paid for. The project design is 90 percent paid for. This is just to get that last 10 percent. Or I guess, 90 percent done. WELDY: Engineering. GRZYBOWSKI: Five percent. It's just that last five percent. So that being said, the money was approved by a previous council to do it, and there was an issue and we needed to expand it a little bit. I feel like if we don't do it now and wait until we're actually in the need for a traffic light, 50, $1000,000 just to finish the drawings, and that's assuming that we actually can get these people to finish it or get the drawings from them that are half done or 95 percent done. So I totally feel like we need to do this and just buck it up. However we messed up our count before, it happened. We need to get it done. That way we've got it when we're ready to talk about it. The designs are in our hands and then -- because we're got, Adero Canyon's looking to expand at some point too. So I feel like we're going to need it sooner rather than later. So I would move to approve as written. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 91 of 98 WELDY: Madam Mayor, if I may make one more important comment about this? This was not finished in the year it was budgeted which is -- it wasn't even last year. It's taken that long to get it back up here. The reason it wasn't is because the intersection sits at the top of a vertical curve and each of the north and southbound legs are on a horizontal curve. So most traffic signals, the exception of those that belong to the Arizona Department of Transportation have emergency vehicle detection devices. The intent for that or the purpose is that as the fire truck or the ambulance is approaching, it calls that signal with a flashing light. And depending on the programing, either turns it all red or turns the direction of travel green. Ours are green. In this particular case we did not have enough distance. So it's taking additional measures to one, pick up the light further away from the traffic signal prior to them getting to the curve. Once it reaches that, send it up the hill to the traffic signal. That took a considerable amount of time because we actually did real-time testing using our preemption devices. Not only in the chief's truck but the assistant chief's truck. And it just so happens the public works director has one of the devices as well. But trying to get those little things which are about two inches in diameter at just the right angle and the right location proved to be challenging. The good news is that we were able to accomplish that and not only myself but the engineering team and the town engineer are comfortable that that detection will work in the future when it's constructed. That's the primary reason we're this late. Is because of that safety issue, which is critical. GRZYBOWSKI: Thank you. FRIEDEL: I think everybody up here knows that I'm not in favor of this. Last November, December, and January of this year, I went through that intersection eight times a day, eight times a day and have documented the traffic flow: rush hour, non-rush hour, rush hour in the afternoon, and saw no more than six cars at any one point in time and no pedestrians ever. And that's almost three months solid. Now it's not a very professional traffic study, I know that. However, it's a big indication to me that this is a waste of money to finish this. We're not going to build it now, and if Adero Canyon is going to expand, tell them to bring a checkbook to the table, please. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 92 of 98 MAYOR DICKEY: Was there a second on that motion? MCMAHON: I second it. But I'd also like to make a comment. MAYOR DICKEY: Okay. MCMAHON: Two weeks ago I was on that road and I stopped at the stop sign. I was the seventh car back in both lanes. And there were eight trying to make a lefthand turn. And that was at 6:30 at night. Not even the busiest time. I have also seen a lot of people hiking and walking along Palisades Boulevard from Shea past the stop sign there. So I know there are pedestrian traffic. Pedestrian people walking and using that particular crosswalk, I've seen it. While I haven't sat there for six hours for three days or three months, I understand that these particular warrants that have been done have said that it's a safety issue and we should put a traffic light up there. So I'm going to second this and approve it because I think as a town we're being proactive and realizing that area is already busy, it's only going to get busier with the hundreds of people that are going to move into Adero Canyon once all those homes are complete. And in addition, on weekends we have a ton of hikers going up there. So I'm for it. Thank you. MAYOR DICKEY: This is not a study, it's a design, right? WELDY: Correct. MAYOR DICKEY: It's the completion of a design that we will own after this? WELDY: Correct. MAYOR DICKEY: Okay. Thank you. Any other comments or questions? Can we get a roll call, please? MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Nay. MENDENHALL: Councilmember Kalivianakis? TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 93 of 98 KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Nay. MENDENHALL: Councilmember Toth? TOTH: Nay. MAYOR DICKEY: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickie? MAYOR DICKEY: Aye. Thank you very much. Thank you, Justin -- WELDY: You're welcome. MAYOR DICKEY: -- for all your work and for tonight. Our last item says possible action but probably isn't. Is talking about the new laws that passed in the legislature. Some of them do affect us, of course. And while we're talking about it, I also want to -- there's a copy of the resolutions that are the legislative agenda that was adopted by the various committees that many of you are on and I appreciate that. So I was going to read through them but I won't because you have them and I'm sure that the only -- there were a couple that I wondered about which was a temporary property reclassification for redevelopment projects. So I just ask you to please look at them. They're all explained on the League website and if you have any issues with any of them to please let me know because I'll be voting on this on the 29th at the League at the resolutions committee. The other thing is as far as the laws that passed, we -- you talked about Prop 400, so thanks for that. We are facing that rental tax repeal which is over $650,000 per year, every year, to our town which could get higher based on rents and such. So we did meet with the governor, the League and we're talking with the legislature to try to figure out if there's going to be a way, because that is a -- for us it's like 3.2 percent of all of our TPT, a little less than 3 percent of our whole general fund, not including capital. So hopefully there'll be some options and things discussed to try and help with that. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 94 of 98 Because for some cities it was a big chunk of their actual budgets. One law that passed that I may have to ask staff and Aaron to get help, is called zoning ordinances, property rights cost. It requires a municipal governing body to consider a housing impact statement prior to adopting any zoning ordinance or amendment. So it sounds like it might be a lot, but we'll hear about that. There's also one about consumer fireworks. There's a whole bunch of them, but that one is going to be something that I think is permissible for us to allow fireworks on, let's see. Right now they're allowed between December 24th and January 3rd and this would make it December 26th and January 4th. So I think there's a story behind it that I don't remember. I know there was another thing in there that we might not want to do. So just take a look at that. And then also, there's an article in here about the Prop 400 for you to take a look at. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Just a couple of quick ones. That HB2485 about ambushing police sensing enhancements. Just two additional years, I think that's too little. And also the exception is for the earned early release credits. I think those two years, if it is going to be a minimum of two years, they should be hard time two years. They shouldn't get early release on those additional two years, that's a shame. SB1068, police dogs, emergency treatment, requiring an ambulance to take a wounded dog that was wounded in the field to a veterinary hospital, I think that's really excellent. They're heroes. And then lastly, as a best friend of mine who happens to be a former 911 dispatch operator, HB2717, trauma counseling. 911 dispatch operators expands a traumatic event counseling program available to public safety employees, peace officers, firefights, to include 911 dispatchers. 911 dispatchers literally sit for eight hours a day and live through the peoples' worst days of their life. The stories are horrific. It's not for everybody. It's a terrifying job. And so I'm glad they're going to be qualified for counseling services. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 95 of 98 MAYOR DICKEY: Any discussion on anything? Okay. So council discussion, direction. I just kind of wanted to ask about that flagpole? So if you can kind of look into that, I'd appreciate that. Is there anything else mentioned that anybody would like to have follow up on? Any future agenda items? SKILLICORN: Well, I've got something for the manager and I do have a couple of general items. I did email Rachael about the flagpole. But considering all the tragedy in Hawaii, I would love to have a presentation on where we are with emergency services. So what is the policy for using the sirens? What is the plan if there's a power outage? What is the plan if there's a water pressure issue? Things like that. So everything that went wrong in Maui, I'd love to have a plan and a solution so that we don't ever have to have that kind of conversations. And I know that might take a little time, and I understand. MAYOR DICKEY: Would that be along the line of the emergency response that we have? The booklet that I know we can't talk about a lot of that in public, but you can get it. But is that -- SKILLICORN: Well, the public should know the policy for -- MAYOR DICKEY: Some of those, yes. SKILLICORN: -- if the power goes out, right? Or when do the alarm -- what criteria has to be met for those alarms? Do we have an emergency robocall feature? And text message and stuff like that? Like, when are those used? Because that's a policy decision. Maybe we want it to be in other situations too. GOODWIN: What we can do is, we'll put together a presentation that kind of covers some of that. Some of it is confidential in terms of emergency planning, in terms of what will we do if there was an active shooter, what would we do if there was other things like that. Those tend to be more confidential in nature, but we can certainly put together something in the public interest to present. SKILLICORN: Great. MAYOR DICKEY: Councilmember? TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 96 of 98 FRIEDEL: Along with the Hawaii issue. I was talking with Justin probably two weeks ago. I think we need to take a look at adding on some footage to properties, especially like up in Eagle's Nest where they're doing a lot of building right now. I think we go five feet. We need to extend that to what the county does, which is ten feet. There's been three fires up there already. All we need is one more. There's a lot of construction. Sparks are flying from iron workers up there and from landscapers and other things. So I see that as a big risk to the town. So I'd like to know if we could take a look at amending our code to involve that. And then an add-on for a future agenda item. I think we need to revisit detox home inspections. I think the State of Arizona now allows for local municipalities to do some type of inspections. And I think Phoenix is doing it and also Glendale. Can we look into that? And then I want to know if we can bring back the prohibited solicitation with the amendments that were talked about here tonight as another future agenda item? ARNSON: Absent any objection I don't have an issue. Rachael? GOODWIN: I don't (indiscernible) do we need to redo it or (indiscernible)? ARNSON: Well, my view is that we heard a lot of discussion and direction, at least on the solicitation issue tonight. It sounds like there's an appetite to entertain that again. But ultimately, Mayor, if you're okay with those appearing, if we have to have three, what's the pleasure? MAYOR DICKEY: I don't mind. I mean, I'm okay with looking at them. Of course, I'm not sure how we can change that solicitation one, but this is what -- if it ends up coming back, it still has the same issues that it did before. But yeah. And then were you talking about setbacks? FRIEDEL: Yeah. Well, yeah. Setbacks for property lines. And also the homes that are under construction. You know that fence that goes around there. They can only give five feet to clear vegetation. There's been a tremendous amount of growth and vegetation up there. The county right now is ten feet, why can't we match what the county does? TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 97 of 98 GOODWIN: Sure. Yeah, we can look into that and make sure we have some parity there. Regarding the detox, if I recall, I think, when I took a quick glance through the League's sessions, I think there is one on detox. So there may be some updates there and then we can reconvene and see if there's more steps we can take. SKILLICORN: And if need be, I would second the solicitation ordinance, the changes. So if we need two seconds, I'll be one of them. TOTH: He said no problem. SKILLICORN: And then I've got two here. One, since the state has changed the law on the regressive rental tax, we do need to change the ordinance. I mean, it doesn't apply for a couple of years. But I would like to put that on an agenda and have a vote on that. I don't know if we need seconds for that or not, but that's something we need to change anyways. And then the other one, is that for the group homes I do want to make a motion, and I don't know if I need seconds or not, to add liability insurance for group homes. ARNSON: I'll look into it. SKILLICORN: I've got language. ARNSON: Okay. SKILLICORN: So it's real, real simple. MAYOR DICKEY: The one about the -- wait, what was the first one just said? The one before the -- SKILLICORN: To repeal the rental tax. MAYOR DICKEY: Okay. That one is just a natural thing that we do when we get a new state law. Right? FRIEDEL: Yeah. MAYOR DICKEY: So I don't think we -- I mean, when it comes through, we can build on it, but we have to comply with the state law. ARNSON: Yeah, we just make routine changes. They do changes to the model city tax code and so it happens through the normal process. TOWN OF FOUNTAIN HILLS AUGUST 22, 2023 TOWN COUNCIL MEETING MINUTES Page 98 of 98 MAYOR DICKEY: Yeah. And so we'll get that. And then does everybody want -- do two other people want to talk about the insurance thing with group homes? KALIVIANAKIS: Yeah, I would. TOTH: Yep. I'll be number three. MAYOR DICKEY: Okay. KALIVIANAKIS: No, I'd like to know -- I'd actually like to discuss it. The insurance requirement for group homes was already brought up and dealt with in executive session. Do you recall? ARNSON: Do I recall? I don't remember if I recall. Yes, I do recall that we had that discussion. KALIVIANAKIS: Yes. ARNSON: Yes. MAYOR DICKEY: So you want to have him talk about it again? KALIVIANAKIS: No. MAYOR DICKEY: Oh. KALIVIANAKIS: It's been resolved. MCMAHON: Yeah, we've already talked about that and we can't force them to have insurance, is what I thought the conclusion was, and we've already discussed it. MAYOR DICKEY: Yeah. ARNSON: Let me just go ahead and take a look at what we've actually put into our code and then go ahead and circle back. Because I understand the desire of three members is to at least -- MAYOR DICKEY: It's only two right now. ARNSON: Oh, it's only two right now. Okay. FRIEDEL: Yeah. Go ahead. Look at it. MAYOR DICKEY: Okay. We're going to talk about that again. All right. Are we done? Anything else? We're adjourned. Thank you. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on August 22, 2023, at 9:24 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 22nd day of August 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 19th Day of September 2023. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a  beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on November 03, 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 Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on November 03, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  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) Staff Recommendation(s) Staff recommends approval.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments FH Theater Liquor License Nov 2023  Form Review Inbox Reviewed By Date Finance Director David Pock 08/30/2023 08:23 AM Town Attorney Aaron D. Arnson 08/30/2023 08:26 AM Interim Town Manager Rachael Goodwin 09/11/2023 10:17 AM Form Started By: Ryan Preston Started On: 08/29/2023 05:09 PM Final Approval Date: 09/11/2023  ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on December 08, 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 Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on December 08, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  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) Staff Recommendation(s) Staff recommends approval.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments FH Theater Liquor License Dec 2023  Form Review Inbox Reviewed By Date Finance Director David Pock 08/30/2023 08:23 AM Town Attorney Aaron D. Arnson 08/30/2023 08:26 AM Interim Town Manager Rachael Goodwin 09/11/2023 10:17 AM Form Started By: Ryan Preston Started On: 08/29/2023 05:20 PM Final Approval Date: 09/11/2023  ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on January 12, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on January 12, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  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) Staff Recommendation(s) Staff recommends approval.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024  Form Review Inbox Reviewed By Date Finance Director David Pock 08/30/2023 08:23 AM Town Attorney Aaron D. Arnson 08/30/2023 08:26 AM Interim Town Manager Rachael Goodwin 09/11/2023 10:17 AM Form Started By: Ryan Preston Started On: 08/29/2023 05:47 PM Final Approval Date: 09/11/2023  ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on February 02, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on February 02, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  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) Staff Recommendation(s) Staff recommends approval.   SUGGESTED MOTION MOVE approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024  Form Review Inbox Reviewed By Date Finance Director David Pock 08/30/2023 08:23 AM Town Attorney Aaron D. Arnson 08/30/2023 08:26 AM Interim Town Manager Rachael Goodwin 09/11/2023 10:17 AM Form Started By: Ryan Preston Started On: 08/29/2023 05:53 PM Final Approval Date: 09/11/2023  ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on March 22, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on March 22, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  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) Staff Recommendation(s) Staff recommends approval.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024  Form Review Inbox Reviewed By Date Finance Director David Pock 08/30/2023 08:23 AM Town Attorney Aaron D. Arnson 08/30/2023 08:26 AM Interim Town Manager Rachael Goodwin 09/11/2023 10:17 AM Form Started By: Ryan Preston Started On: 08/30/2023 08:06 AM Final Approval Date: 09/11/2023  ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theater for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on May 17, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on May 17, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  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) Staff Recommendation(s) Staff recommends approval.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024  Form Review Inbox Reviewed By Date Finance Director David Pock 09/12/2023 04:26 PM Town Attorney Aaron D. Arnson 09/12/2023 05:15 PM Interim Town Manager Rachael Goodwin 09/12/2023 08:55 PM Form Started By: Ryan Preston Started On: 08/30/2023 08:09 AM Final Approval Date: 09/12/2023  ITEM 8. H. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the General Fund, Capital Project Fund, and Vehicle Replacement Fund. Staff Summary (Background) Throughout the fiscal year, it is sometimes necessary to transfer budget authority from one general ledger account to another. In most cases, the authority to be transferred is within the same department and can be made administratively without the need to request Town Council approval. The following transfers are needed to move authority between departments and funds; therefore, Council approval is requested. FY23:  $30,767 from Capital Projects (CPAD) to the following capital projects:  $26,406 to S6058 Shea Blvd Widening $3,942 to P3051 Desert Vista Skate/Bike Park Expansion $418 to D6047 Miscellaneous Drainage Improvements $6,302 from General Government (GENAD) to the Vehicle Replacement Fund (VRAD) for outfitting the replacement vehicle for the Public Works department. Related Ordinance, Policy or Guiding Principle Town Council approved financial policies and best practices. Risk Analysis If not approved, existing fund and project budgets would be exceeded. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the budget transfers as requested. SUGGESTED MOTION MOVE to approve the attached budget transfers as requested. Attachments Budget Transfers  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 08/25/2023 09:49 AM Interim Town Manager Rachael Goodwin 08/30/2023 07:27 AM Form Started By: David Pock Started On: 08/23/2023 03:40 PM Final Approval Date: 08/30/2023  ITEM 8. I. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Map of Dedication for Serenity Estates. Staff Summary (Background) Serenity Estates was platted in 2008.  Serenity Estates is a 27.5 acre tract at the end of Cerro Alto Drive.  The approved plat contains 11 home lots and two tracts.  It is a private street subdivision. After filing the plat, the original developer did not proceed with installation of the site improvements.  A new owner has purchased the property with the intention of completing the development.  In working through the current requirements it was determined that additional easements were needed for a lager cul-de-sac radius, an extension of the wall easement, a private sewer easement, and to provide access for a water line being extended from Eagles Nest.  The attached Map of Dedication includes all the additional easements necessary to move forward with the development of this subdivision. Improvement plans have been approved and work is beginning to install the improvements. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the Map of Dedication for Serenity Estates.   SUGGESTED MOTION SUGGESTED MOTION MOVE to approve the Map of Dedication for Serenity Estates and accept the dedications. Attachments Vicinity Map  Map of Dedication  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 08/28/2023 03:21 PM Finance Director David Pock 08/29/2023 09:45 AM Town Attorney Aaron D. Arnson 08/29/2023 11:19 AM Interim Town Manager Rachael Goodwin 09/12/2023 09:53 AM Form Started By: John Wesley Started On: 08/28/2023 03:01 PM Final Approval Date: 09/12/2023  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FOUNTA I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PAN O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE Serenity Estates Map of Dedication FNP21-000001 ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Ginny Dickey, Mayor Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: The Town Council will discuss and take a vote of support for the Fountain Hills Unified School District No. 98 November 7, 2023 bond election.  Staff Summary (Background) A special bond election will be held for the Fountain Hills Unified School District No. 98 on November 7, 2023. The purpose of the election is to permit the qualified electors of Fountain Hills to authorize the District to issue and sell school improvement bonds in an amount not to exceed $25,000,000 as well as the potential sale, lease, or exchange of the building that formerly housed Four Peaks Elementary School. The estimated average annual tax rate for the proposed bond authorization is $0.26 per $100 of net assessed valuation used for secondary property tax purposes.  The election will be via mailed ballot only. No polling places will be provided. Informational pamphlets will be sent out in late September and the last day to register in order to be eligible to vote is Monday, Oct. 9. All qualified voters that live in town boundaries will be automatically sent a ballot and mailings will begin on Oct. 11. The final day to return ballots is Tuesday, Oct. 31.    Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) N/A N/A   SUGGESTED MOTION MOVE to approve Council Support in favor of the November 7, 2023 FHUSD Bond Authorization Election. Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 09/13/2023 11:10 AM Finance Director David Pock 09/13/2023 11:16 AM Town Attorney Aaron D. Arnson 09/13/2023 12:57 PM Interim Town Manager Rachael Goodwin 09/13/2023 03:30 PM Form Started By: Linda Mendenhall Started On: 09/13/2023 08:44 AM Final Approval Date: 09/13/2023  ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Resolution 2023-06 declaring as a public record a document entitled "Parking Ordinance" and Ordinance 23-05 repealing and replacing Zoning Ordinance, Chapter 7, Parking and Loading Requirements. Staff Summary (Background) Over the last year, the Planning and Zoning Commission and staff have been reviewing an update to Chapter 7, Parking and Loading Regulations, of the Zoning Ordinance.  This Chapter of the Zoning Ordinance provides the standards for private parking on individual lots.  This chapter does not address parking on the street.  The goals of the update to this chapter have been fourfold:  Remove errors and inconsistencies1. Improve readability and flow2. Update existing standards3. Add new provisions where needed4. This report reviews all the proposed changes to the existing ordinance, section by section. Section 7.01 Purpose This section is being modified slightly to improve readability by breaking up the one paragraph which provides the purpose statements.  Several additional purpose statements have been added. Section 7.02 Applicability This was Section 7.02 C. The language is slightly revised.  This section provides guidance on how to apply the ordinance to new development and to redevelopment situations. Subsection A states that all new development is required to meet the requirements of this ordinance. Subsection B provides the rules for addressing changes to existing development.  Given the built nature of the town, this section will be used a lot as we address reuse, expansion, or redevelopment situations. Section 7.03 General Provisions (was Section 7.02) A.  Parking Space Size.  The standard requirements are essentially the same as current.  Language regarding the allowance for the bumper overhang has been moved to #1, along with the reference to the illustration on parking lot design (Exhibit 7.03 A).  The provisions regarding the design of accessible (ADA) parking spaces is being changed to allow the five-foot wide access aisle to be shared by two parking spaces as is the common practice.  The Exhibit on Parking Lot Design Standards has been moved from what was 7.03 B and revised to illustrate additional design options. B. Surfacing.  The current surfacing requirements are in 7.03 A 2 for residential and 7.03 B 3 for multi-residential and commercial.  The wording in the current ordinance is combined into this one location.  Some additional language has been provided to give the developer more design options, subject to approval by the Town Engineer. C. Maintenance.  This section is new.  The current ordinance does not provide any standards for maintenance of parking lots and driveways.  This will give the Town the ability to require maintenance if necessary. D. Permits.  This is Section 7.02 B in the current ordinance.  Minor adjustments in wording have been made to improve use and readability. What was Section 7.03 C, Alterations, Additions, and Expansion of a Business in the current code was moved into Section 7.02 of the new ordinance. E. Parking Garage.  This is D in the current code.  No changes are proposed. F. Access.  This is E in the current code.  No changes are proposed. G. Location Restrictions.  This section specifies where a driveway can be located in relationship to lot boundaries, other driveways, street intersections, etc.  This is Section 7.03 A 5 in the current code, which is in the residential section of the ordinance.  It has been moved to the general provisions section to clarify that it applies to all driveway locations.  The distance requirements have not changed, but some clarifications and options were added for the Town Engineer to consider reductions in a few situations. In the current ordinance, Section 7.03 G addresses some types of storage and use of occupied vehicles, primarily construction offices and temporary sales offices.  These provisions were moved to another section of the code in 2019 but they were not removed from this section.  This will complete that previous action. In the current ordinance, Section 7.03 H addresses parking of aircraft and restricts it to industrial zones.  Staff does not see a need for this provision and has removed it.  It can be put back in if the Commission finds it is beneficial to maintain this requirement. Section 7.04 Design Standards for Residential Uses up to Four Dwellings (was Section 7.03 Design and Location of Parking Spaces) In the current ordinance, requirements for residential development of 4 dwellings or less in 7.03 A and those for all other development are in 7.03 B.  There are things in 7.03 A that apply to all development.  Also, some information is repeated in this section from other sections.  This re-organization moves general requirements to the new 7.03 and eliminates repeat information. A.  Location.  Same as former 7.03 A 1.  Parking for these uses must be on the same lot as the use. B.  Driveways.  Same as 7.03 A 2.  Provides the minimum and maximum widths of driveways.  Prohibits driveways that require backing into certain streets.  Section 7.03 A 4 limited the number of driveways to two per lot.  This requirement was combined with the new section 7.03 B, but increased to allow up to two driveways per street.  The driveways must still meet the separation requirements provided in the new 7.03 G. C.  Covered Parking.  This is a new requirement.  One of the impacts of this would be to limit converting garages to livable space if additional covered parking cannot be provided. D. Tandem Parking.  This is a new provision.  The current ordinance simply states tandem parking is not allowed in any zoning district to meet required off-street parking.  The new provision will allow it in limited situations. E - I.  These are all existing standards for the design of driveways for residential development.  No changes are being made.  These provisions were Sections 7.03 A 6 - 10 in the existing ordinance. Section 7.05 Design Standards for Multi-residence(5 or more dwelling units) and Non-residential Development (was Section 7.03 B) A.  Location.  Same as former 7.03 B 1 with some minor changes. B.  Off-Street Parking.  Same as former 7.03 B 2. C.  Covered Parking.  This is new and has been added.  This requirement will only impact new development or projects as described in the new Section 7.02 B.  Given our climate, covered parking is very beneficial and part of quality development. What was Section 7.03 B 3 regarding surfacing was moved to the new Section 7.03 B. D.  Curbing.  Same as former 7.03 B 4.   E.  Ingress, Egress, Internal Traffic Circulation.  The first two provisions and the exhibit are the former Section 7.02 F.  The illustration has been modified to better represent the development standards.  Two standards have been added.  The first one impacts parking spaces along a main drive aisle into a large parking lot.  This requires that there be no parking spaces backing into that main drive aisle for the first 30' or that there be no cross drive aisles for that first 30' of the main entry drive.  This improves safety by reducing the number of conflicting traffic movements near the intersection of the main drive aisle with the street.  The other new provision provides that drive aisles with no parking spaces can be reduced to 20' wide. F. Landscaping.  In the current ordinance there are landscaping provisions in 7.03 B 5 and 7.04 L.  All the landscape requirements have been moved to the new Section 7.04 F.  1.  Perimeter landscaping.  A revision to the current 7.03 B 5.  The revision clarifies the landscaping requirement along interior property lines, references the current low water plant list, and clarifies the amount of plant material required. 2.  Interior landscaping.  Same as former 7.04 L 1.  Exhibits have been updated to better reflect and demonstrate the standards. 3. Landscape locations and requirements. A revision to former 7.04 L 2.  The new 7.05 F 3 a and b are the same, the new c is added to provide a clear minimum requirement for these landscape areas.  The former "c" was moved to be part of the next section on visibility. 4. Visibility.  Same as former 7.04 L 2  c and d. 5. Plant type.  Same as former 7.04 L 3. G.  Width and number. Revised from former 7.03 B 6.  The first part of the former section was covered in the new Section 7.05 F 1.  The remainder is the same as current ordinance. What were Sections 7.03  B 7 and 8 were removed because they duplicate the information in Section 7.02 A. H. Screening.  Same as former 7.03 B 9. I.  Lighting.  Same as former 7.03 B 10 with a few minor clarifications. J.  Handicapped parking.  Same as former 7.03 B. 11. K. Tandem parking.  A revision to former 7.03 C.  Provides specifics about when it could be appropriate to allow tandem parking. Section 7.06 Schedule of Required Off-Street Spaces (was Section 7.04) The introductory provisions in A - E (revised ordinance) are the same, with a few minor exceptions.  What is B in the current ordinance was removed because those terms no longer appear as part of the parking standards.  The new B, Mixed Use Developments, was amended to allow consideration of shared parking with any mixed use development. E.  Parking in areas zoned Commercial Common.  The amendments to this section include a correction to the name to be consistent with the name in Chapter 12 of this zoning ordinance and to clarify the allocation of parking spaces in this zoning district.  The second correction, addressing the allocation of the parking spaces, was identified after the Planning and Zoning Commission made their recommendation on the ordinance.  While reviewing a recent submittal in the Common Commercial zoning district, staff became aware that the existing wording is confusing and may lead one to believe there are no parking requirements for uses in this zoning district.  While there is not a requirement for each individual lot, the collective uses cannot exceed the capacity of the common parking field.  By tying individual uses to the parking standards we have a way of keeping actual uses in line with the available parking. F.  Additional requirements for company vehicles.  This is a new section to address how to account for company vehicles, equipment for delivery, service, or repair with regard to the number of parking spaces. G.Sechdule of required parking spaces.  This introductory paragraph is new.  It includes the new provision that limits the maximum number of spaces that can be provided.  This has been added to reduce the size of large paved surfaces that remain unused most of the time.  What follows is the extensively revised list of uses with associated parking requirements.  The revised parking requirements were developed based on current ordinance standards, review of the parking requirements in other Valley cities, and review of a national publication listing parking requirements for a wide variety of uses.  It was clear from looking at the various documents there is a lot of variety in how different jurisdictions approach parking requirements.  The updated list of parking requirements transitions to a new way of listing land uses by type rather than by specific use. H. Off-street loading and unload.  Same as former 7.04 H with minor adjustments. I. Bicycle parking.  This section is new based on the discussion and direction of the Commission. J.  Electric vehicle charging stations. This section has been added to begin to build the infrastructure for electric charging stations.     Related Ordinance, Policy or Guiding Principle Zoning Ordinance Chapter 7, Parking Regulations Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed the ordinance at several meetings over the course of a year and provided extensive review and revisions to the initial draft ordinance.  At their April 10 Commission meeting, the Commission voted unanimously to recommend approval of the revised ordinance. Staff Recommendation(s) Staff recommends approval of the revised parking regulations. SUGGESTED MOTION MOVE to adopt Resolution 2023-06 and Ordinance 23-05 repealing and replacing Zoning Ordinance Chapter 7, Parking and Loading Regulations. Attachments Ordinance 23-05  Resolution 23-06  Chapter 7, Parking, with strikethrough  Existing Parking Ordinance  Form Review Inbox Reviewed By Date Finance Director David Pock 04/25/2023 04:52 PM Town Attorney Aaron D. Arnson 04/25/2023 05:02 PM Interim Town Manager Linda Mendenhall 08/17/2023 10:40 AM Development Services Director (Originator)Linda Mendenhall 08/17/2023 11:16 AM Interim Town Manager Linda Mendenhall 08/28/2023 03:25 PM Development Services Director (Originator)John Wesley 08/28/2023 03:59 PM Interim Town Manager Rachael Goodwin 09/12/2023 09:47 AM Interim Town Manager Rachael Goodwin 09/12/2023 09:47 AM Form Started By: John Wesley Started On: 04/19/2023 08:42 AM Final Approval Date: 09/12/2023  ORDINANCE NO. 23-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE BY REPEALING CHAPTER 7, PARKING AND LOADING REQUIREMENTS, AND REPLACING IT WITH A NEW CHAPTER 7, PARKING AND LOADING REQUIREMENTS, BY ADOPTING THE “PARKING ORDINANCE” BY REFERENCE ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Chapter 7, Parking and Loading Requirements, of the Fountain Hills Zoning Ordinance is hereby repealed and a new Chapter 7, Parking and Loading Requirements, adopted as a Public Document entitled “Parking Ordinance” by Resolution 2023-06, is adopted and made a part hereof as if fully set out in this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 19th day of September, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney RESOLUTION NO. 2023-06 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED “PARKING ORDINANCE” BY REFERENCE ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That certain document entitled “Special Use Permit Ordinance” of which one paper copy and one electronic copy maintained in compliance with ARS 44-7041 are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 19th day of September, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2023-06 EXHIBIT A Parking Ordinance Chapter 7 Parking and Loading Requirements Section 7.01 Purpose The purpose of this Chapter is to promote the safety and welfare of the public by: A. Establishing appropriate requirements for the off-street parking of motor vehicles in accordance with the use to which the property is utilized; B. Assigning the primary responsibility upon the property owner for relieving public streets of the burden of on-street parking; C. Avoiding congestion on adjacent public streets; D. Meeting or exceeding the standards designed within this chapter or as otherwise contained within the zoning or building codes; E. Balancing the need for sufficient parking with the environmental impacts of large, paved surfaces by allowing for and encouraging creative design options for permeable paving and shared parking; and, F. Providing design standards for safe, efficient and attractive parking areas. Section 7.02 Applicability A. New Development. The requirements and standards of this Chapter shall apply to any new building, use, or stand-alone parking lot. B. Existing Development. The requirements and standards of this Chapter shall apply as follows to the modification of existing buildings and uses: 1. A new use of a building shall be required to meet the required number of parking spaces as required in Table 7.06 G. 2. The number of parking spaces and landscape areas shall not be reduced below the amount required by this Chapter. RESOLUTION 2023-06 3. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 4, it shall be required to provide only the number of parking spaces and parking design which existed prior to the destruction provided the use has not changed. If the building cannot be reconstructed as provided in Chapter 4 and a new building is constructed or, if the use changes, the number of spaces required and the parking area design will be as required by the requirements detailed in this chapter. 4. If a building is expanded, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number and type of additional parking spaces necessitated by the expansion. 7.03 General Regulations A. Parking Space Size: 1. Regular Parking Space: A regular parking space shall mean an area of not less than one hundred seventy-one (171) square feet, with a minimum width of nine (9) feet, and minimum depth of nineteen (19) feet, which is specifically designated for, and used for, the parking of an automobile or light truck, exclusive of all driveways and accessways. The nineteen (19) foot parking space depth may include up to a two (2) foot bumper overhang of a landscape area provided all the landscape planting requirements are maintained. Exhibit 7.03 A, Parking Log Design Standards, illustrates the parking space widths and depths, and associated drive aisle widths, for various parking angles. 2. Parking Space for Vehicles Carrying People with Disabilities: A parking space for vehicles carrying persons with disabilities shall mean an area of not less than two hundred nine (209) square feet, with a minimum width of eleven (11) feet, and minimum depth of nineteen (19) feet. In addition to the parking stall, there shall be a five (5) foot wide access aisle adjacent to the parking space. This five (5) foot wide access aisle may be shared by two adjacent parking spaces. The nineteen (19) foot parking space depth can include up to a two (2) foot bumper overhang of a landscape area provided all the landscape planting requirements are maintained. The space shall be specifically designated and used for the parking of an automobile, passenger van or light truck, exclusive of all driveways and access ways that is designated as a vehicle permitted to park in such a parking space. RESOLUTION 2023-06 B. Surfacing: Off-street parking spaces, loading and unloading spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. All parking spaces, driveways and access ways shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. The Town Engineer may consider requests for alternative paving materials. Requests for use of an alternative material must include documentation showing how the material will perform under normal use, and not result in chipping, dust, track out, or any other issues determined by the Town Engineer that will adversely affect the adjacent Town right-of-way or violate County environmental or ADEQ regulations. RESOLUTION 2023-06 C. Maintenance. All parking areas, driveway aprons, and landscaping shall be maintained consistent with the approved design in good condition, including striping of parking spaces. Maintenance shall include, but not be limited to, fixing potholes, filling cracks, landscaping, and maintaining the appearance of the parking area. D. Permits: Applications for site plan review or a building permit must include plans showing compliance with the off-street parking required by this Chapter. These plans must show locations, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, ingress and egress, and landscape areas and plant material, and must be approved as part of the plan review, development review, or building permit. Whenever a permit has been issued in compliance with the requirements of this Chapter, subsequent use of the structure, or use of the land is conditioned upon the unqualified availability of off-street parking as shown in the approved plans. E. Parking Garage: All garages or other space allocated for the parking of vehicles, within buildings, basements, or on roofs of buildings, shall be considered part of the off-street parking facilities and may be included as such in computing the parking area requirements. F. Access: All off-street parking shall have access from a public street or alley. G. Location Restrictions: The closest edge of a driveway shall not be located: 1. Within 40' of another driveway, at the right-of-way line. Town Engineer may consider a reduction for driveways on separate lots. 2. Within 30' of another driveway, at the street curb. Town Engineer may consider a reduction for driveways on separate lots. 3. Within 5' of the side or rear property line. 4. Within 25' of a guardrail. 5. Within 100' of a bridge or major drainage structure. 6. Where the following sight distance requirements are not available (See Exhibit 7.03 G). 7. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. 8. Within 230' from an existing or anticipated future signalized intersection without approval from the Town Engineer. 9. At stop sign intersection locations: i. Within 115’ of an intersection street curb or gap in a median curb on an arterial street. ii. Within 85' of an intersecting street curb or gap in a median curb on a collector street. iii. Within 50' of an intersecting street curb or gap in a median curb on a local street. RESOLUTION 2023-06 Section 7.04 Design Standards for Residential uses up to Four Dwellings The following design standards apply for the location and design of parking areas for single-family residences, mobile homes, and multiple-family residences of four (4) or less dwelling units. A. Location: Required off-street parking shall be located on the same lot or parcel as the use it is intended to serve. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. B. Driveways: Driveways and access ways shall be not less than ten (10) feet wide for one-way traffic, not less than twenty (20) feet wide for two-way traffic and not more than 24' wide within the public right-of-way, except that a driveway may be up to 32' wide at the street curb line, measured along the back of the curb, including the wings or radii. Driveways accessible by the following arterial or collector streets must provide an adequate on-site turning radius for the types of vehicles that will access the property, such that backing out of the driveway is not required: Shea Boulevard, Fountain Hills Boulevard, Saguaro Boulevard, Palisades Boulevard, Golden Eagle RESOLUTION 2023-06 Boulevard, Grande Boulevard, La Montana Drive, El Lago Boulevard (east of Fountain Hills Boulevard), Avenue of the Fountains, Eagle Ridge Drive, Sunridge Drive, Panorama Drive, and Technology Drive. No more than two driveway entrances per street will be allowed for each individual lot. C. Covered Parking: A minimum of two covered parking spaces shall be provided per unit. D. Tandem Parking: Single-family dwellings with dedicated parking associated with the dwelling may utilize tandem parking. In mutli-residential developments tandem parking may only be used when parking spaces are assigned for each unit or for parking in addition to the required parking. E. Slope Requirements: For a distance of 20' from the primary structure the driveway shall not exceed a 10% slope. In all other locations, driveways shall slope at a minimum of 2% and at a maximum of 18%. F. Grade breaks: Grade breaks and vertical curves shall provide adequate vehicle ground clearance. G. Minimum rise: Driveways shall rise to at least 7" above the gutter-line, within 5' of the curb. Greater rises shall be used where needed to prevent flooding. H. Wedge curb removals: Concrete, asphalt or other materials shall not be placed in the street to improve drive-ability at existing wedge curbs. Wedge curbs shall be removed and replaced using the Town's standard detail at all three- and four-unit properties and when desired by the property owner or directed by the Town Engineer. I. If no driveway access location meeting the above standards is possible, the Town Engineer will designate one driveway access location based on traffic safety and operational needs; the Town Engineer shall require conformance to this section as much as possible Section 7.05 Design Standards for Multi-residence (5 or more dwelling units) and Non- residential Development The following design standards apply for the location and design of parking areas for multiple-family residences of five (5) or more dwelling units and all non-residential developments. A. Location: Required off-street parking shall be located within three hundred (300) feet of the building or use it is intended to serve, the distance being measured along a straight line from the nearest point of the building or use to the nearest point of the parking lot. Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as a part of the application assurance satisfactory to the Zoning Administrator that the separate lot or parcel is permanently committed to parking use by enforceable legal measure. RESOLUTION 2023-06 B. Off-Street Parking: Off-street parking spaces shall be situated in a manner which will not result in automobiles backing onto a public street. C. Covered Parking. Covered parking shall be provided according to the following requirements: 1. Multiple-residence, a minimum of one covered space per unit. 2. Business and office use developments with at least 10 parking spaces, one covered space per office suite. D. Curbing: A six-inch-wide by six-inch-high curb or bumper guard shall be installed along all property lines bordering the parking and maneuvering area, excluding necessary points of ingress and egress, and shall be so located that no part of a vehicle shall extend over or beyond any property line. E. Ingress, Egress, Internal Traffic Circulation: Off-street parking and loading facilities and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. (See Exhibit 7.05 E.) 1. No building wall, except garage doors, may be closer than ten (10’) feet to any internal drive aisle of any parking lot. 2. No garage doors may be closer than six (6’) feet to any internal drive aisle of any parking lot. 3. Parking spaces backing into main drive aisles connecting directly to a street and drive aisles that cross such main drive aisles shall be separated at least thirty (30) feet from the property line abutting the street. 4. Drive aisles with no direct access to a parking space must be a minimum of twenty (20) feet wide. RESOLUTION 2023-06 F. Landscaping: 1. As indicated in Exhibit 7.05 F. 1. the perimeter of all areas of the parking lot with the exception of necessary points of ingress and egress, shall be no closer than ten (10) feet from all street or alley property lines. Along interior property lines, parking spaces and drive aisles shall be setback at least five (5) feet from the property line unless approved as cross access driveway and parking area. That unoccupied area shall be landscaped and maintained with trees, shrubs, ground cover, undisturbed natural growth, pedestrian walkways, and plazas. Selection of vegetation shall be from the low water use plant list in Section 6.09 of the Subdivision Ordinance, Table 4. Fountain Hills Plant List, and shall include a minimum of 4 trees and 20 shrubs per 100 linear feet of length. 2. In addition to the perimeter landscaping, a minimum of five (5) percent of the interior of the parking lot must be landscaped with plantings, and one (1) tree for each ten (10) spaces shall be installed. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street (see Exhibit 7.05 F. 2). RESOLUTION 2023-06 RESOLUTION 2023-06 3. The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than two (2’) feet above the top of the paved parking lot surface. b. Landscaping materials such as trees shall be trimmed so that no parts of their canopies are less than seven (7’) feet above the top of the paved parking lot surface. c. A landscape island at least five (5) feet in width shall be provided at the end of each row of parking and be landscaped with ground cover, shrubs, and trees. Parking lot light fixtures are not permitted in these islands. 4. Visibility. A five (5’) foot tall clear visibility zone must be maintained between two (2) and seven (7) feet above the top of the paved parking lot surface and the bottom of tree canopies at all times as shown in Exhibit 7.05 F. 4. below. Any parking lot signage shall meet the requirements of this section for visibility. RESOLUTION 2023-06 5. Plant type: A mixture of hardy flowering and/or decorative desert plants, and deciduous trees may be planted. Plants that provide maximum screening at ground level up to three and one-half (3 1/2) feet should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving materials. G. Width and number: Access to off-street parking areas from a public street shall be from a two-way driveway with a minimum width of twenty (20) feet and a maximum width of twenty-eight (28) feet, or two (2) one-way driveways each with a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet. No access driveway shall be located closer than twenty (20) feet from a street intersection or other access driveway, unless more restrictive provisions apply under Section 7.03.G.9. No access driveway shall be located any closer than ten (10) feet from any property line unless a joint use access driveway is approved by the Town Engineer. H. Screening: Whenever a parking lot or a driveway to a parking lot is established so as to adjoin the side or abut the rear line of a lot in a residential zoning district, a solid masonry or solid material fence six (6) feet in height or of other material or height as allowed or required by the Planning and Zoning Commission (subject also to the fence height regulations established in Sections 5.08 and 5.09 of this Ordinance) shall be constructed and maintained along said side or rear lot line. I. Lighting: The lighting levels used in parking lots used during hours of darkness shall not exceed five (5) foot candles. Lighting shall be indirect, hooded and arranged so that the source of light is not directly visible from any street or adjoining property as required by Chapter 8, Outdoor Lighting Control. Light standards shall be a maximum of twenty (20) feet in height above grade. J. One parking space for persons with disabilities shall be required for any development having 25 or more parking spaces. Thereafter, not less than two percent (2%) of the parking spaces within a development shall be built and maintained as parking spaces for persons with disabilities. K. In mutli-residential developments tandem parking may only be used when parking spaces are assigned for each unit or for parking in addition to the required parking. In commercial developments, tandem parking may be used for full-time valet or attended parking or as approved by the Zoning Administrator, for parking in addition to the required parking. Section 7.06 Schedule of Required Off-Street Spaces A. Off-Street Parking Spaces: Shall be provided for each specified use in accordance with the schedule below. RESOLUTION 2023-06 B. Mixed Use Developments: In the event of mixed-use developments, unless the applicant requests the use of the Shared Parking Model provided in Section 18.11 C., the total requirement for off-street parking spaces is the sum of the requirements of the various uses computed separately. C. Fractional Amount: In calculating the total number of required off-street parking spaces, fractional amounts shall be rounded upward to the next whole parking space. D. Unlisted Uses: Minimum parking requirements for a specific use not listed in this Section shall be determined by the Zoning Administrator with appeal to the Planning and Zoning Commission. E. Parking in Areas Zoned "Common Commercial ": Uses located on lots less than 20,000 square feet in areas with a zoning designation of "Common Commercial" are not required to meet the minimum parking schedule herein listed on the lot containing the use. The off-street parking provided in the common parking areas shall be used to meet the off-street parking demands for the uses on the lots under 20,000 square feet using the requirements of the minimum parking schedule herein. Uses on lots 20,000 square feet or more in size, that are located in an area zoned "Common Commercial", shall meet at least the minimum off-street parking demand on the lot where the use is located, in accordance with the schedule herein provided in this ordinance. F. Additional requirements for company vehicles. When parking spaces are used for the storage of vehicles or equipment used for delivery, service and repair, or other such use, such parking spaces shall be provided in addition to those otherwise required by this Zoning Ordinance. Before a building permit is issued the number of spaces to be used for vehicle storage shall be shown on the plans. Unless additional spaces are provided in excess of the required number of spaces, no vehicles in addition to that number shall be stored on the site. G. Schedule of Required Parking Spaces. Table 7.06 G, Minimum Parking Requirements, provides the schedule for the minimum number of parking spaces required for each type of land use. The number of parking spaces provided by any development shall not exceed 125% of the minimum number of required spaces, unless the excess space utilizes a permeable parking surface as approved by the Town Engineer. Table 7.06 G. Minimum Parking Requirements Land Use Minimum Parking Requirement Open Space Golf course 6 per tee plus spaces for restaurant, pro shop, or driving range if provided. Driving range 2.5 per each driving tee Park land As needed Trails /Trailheads As needed Undeveloped natural land None Residential Single, Attached or Detached dwelling Duplex Dwelling 2 per unit Accessory dwelling unit 1 additional space RESOLUTION 2023-06 Multiple Residences Efficiency and 1 bedroom 1.75 per unit; ½ requirement for senior designated housing 2 or more bedroom 2.25 per unit; ½ requirement for senior designate housing Group Housing Boarding house 2 plus one per bed for boarders Dormitory, fraternity, sorority 1 per bed Home day care 2 additional off-street spaces above the number required for the primary use Model home/Sales centers 2 plus 2 for each model home Non-Residential Animal services 1 per 375 sq. ft. of gross floor area including indoor kennel area Kennel only – 1 per 500 sq. ft. of gross floor area Assembly uses Eating and drinking establishments 1 per 75 sq. ft. of gross floor area of, including outdoor assembly and dining For assembly uses, only applies to public gathering areas Automotive Uses Automobile, truck, and RV sales and rentals 1 per 200 sq. ft. of gross floor area plus 1 for every 10 outdoor vehicle display spaces Large truck and construction equipment sales and rental 1 per 200 sq. ft. of gross floor area Automotive repair Major – 3 per bay Minor – 4 per bay Car wash Self-service – 2 stacking spaces behind each wash bay, plus one space per wash bay for drying, plus one for each vacuum, plus 1 Automatic – 5 stacking spaces before the order box, plus one for each vacuum, plus 3 Office uses Business support uses Community and cultural Food and beverage stores Personal services Personal storage Studios 1 per 250 sq. ft. of gross floor area Personal storage uses requirement is for office/leasing area, plus 1 for resident manager and 1 for every 100 storage units. For exterior access storage units, drive aisles may be allowed to meet the parking requirement if of sufficient width. Medical offices and convenience stores 1 per 200 sq. ft. of gross floor area Call Centers 1 per 100 sq. ft. of gross floor area Child/Adult care facilities (non-residential) 1 per 375 sq. ft. of gross floor area Fueling stations 1 for every 4 fuel dispensing/charging stations (plus requirements for convenience store if applicable) Handicapped/Assisted Living – 11 or more Nursing Home 1 per 3 residents maximum capacity RESOLUTION 2023-06 Hospitals 3 per patient bed (emergency and in-patient) plus 1 per 200 sq. ft. of gross floor area for urgent care, out-patient services, or other associated activities Hotels and lodging 1.2 per guest room plus 1 per 250 sq. ft. of gross floor area for meeting space Landscape nurseries and materials Art, metal and ornamental iron shops Light Assembly/cabinet shops Light Industrial General Industrial Research and testing laboratories Wholesaling Warehousing Major Utilities Radio and television broadcasting Passenger transportation terminals 1 per 300 sq. ft. of gross floor area of office, display or sales areas plus 1 per 1,000 sq. ft. of other areas including outdoor sales and display area Maintenance and repair services 1 per 400 sq. ft. of gross floor area Recreation (bowling centers, amusement arcades, driving ranges, fitness centers, miniature golf, etc.) 1 per 200 sq. ft. of gross floor area plus 1 per 400 sq. ft. of outdoor activity area accessible to the public Group Commercial (multi-tenant building) 1 per 275 sq. ft. of gross floor area Retail not elsewhere classified Rental facilities (other than automotive) 1 per 350 sq. ft. of gross floor area Furniture and other large items stores – 1 per 500 sq. ft. of gross floor area Add 1 per 800 sq. ft. of outdoor area used for display Schools Colleges or Universities Commercial trade schools Industrial trade schools Per parking study Primary school 1.25 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Secondary school 10 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Outdoor storage Minor utilities 1 per 500 sq. ft. of gross floor area plus 1 per 5,000 sq. ft. of area used for outdoor storage Recycling and Salvage 1 per 300 sq. ft. of gross floor area of office or interior customer area; plus 1 per 750 sq. ft. of gross floor area for buildings used for processing; plus 1 per 10,000 sq. ft. of area used for outdoor storage H. Off-Street Loading and Unloading Spaces: 1. Unless otherwise specified in this Ordinance, off-street loading and unloading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty-five (45) feet and a minimum height of fourteen (14) feet, exclusive of access aisles and maneuvering space. 2. Off-street loading and unloading spaces with a minimum width of ten (10) feet and a minimum length of thirty (30) feet may be provided for all or part of the required number of off-street loading and unloading as determined by the Zoning Administrator, with appeal to the Planning and Zoning Commission, through the site plan approval process. RESOLUTION 2023-06 3. Off-street loading and unloading spaces may occupy all or any part of a required rear yard, except as otherwise provided herein, and may be partially or entirely enclosed within a building. All off-street loading and unloading loading spaces abutting residential zoning districts shall be screened from the residential zoning districts by a masonry wall not less than eight (8) feet in height. 4. Where a building or use in a nonresidential district abuts an alley, such alley may be used as maneuvering space for off-street loading and unloading spaces. No alley abutting any residential district may be so used. 5. Off-street loading and unloading spaces, aisles, and access drives shall be so graded and drained so as to dispose of surface water without damage to private or public properties, street, or alleys. 6. Schedule of off-street loading and unloading space requirements: Unless otherwise provided in the Ordinance, every office, hotel, restaurant, department store, hospital, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishments, and all other structures devoted to similar mercantile or industrial pursuits, which has a aggregate gross floor area of five thousand (5,000) square feet or more shall provide off-street loading and unloading spaces in accordance with the following table: Table 7.06 H. Minimum Off-Street Loading and Unloading Spaces SQUARE FEET OF AGGREGATE GROSS FLOOR REQUIRED NUMBER OF SPACES 5,000 SQ. FT. TO 40,000 SQ. FT. 1 40,001 SQ. FT. TO 100,000 SQ. FT. 2 100,001 SQ. FT. TO 160,000 SQ. FT. 3 160.001 SQ. FT. TO 240,000 SQ. FT. 4 240,001 SQ. FT. TO 320,000 SQ. FT. 5 320,001 SQ. FT. TO 400,000 SQ. FT. 6 400,001 SQ. FT. TO 490,000 SQ. FT. 7 EACH ADDITIONAL 100,000 1 additional I. Bicycle Parking. In addition to the required vehicle parking spaces, the following bicycle parking spaces and facilities shall be required: 1. Required bicycle parking. Every principal and accessory use of land which is required to provide at least twenty (20) vehicular parking spaces shall be required to provide bicycle parking spaces at a rate of one (1) bicycle parking space per every ten (10) required vehicular parking spaces. No use shall be required to provide more than twenty (20) bicycle parking spaces. RESOLUTION 2023-06 2. Bicycle parking facilities design. Required bicycle parking facilities shall, at a minimum, provide a stationary object to which the bicyclist can lock the bicycle frame and both wheels with a user provided U-shaped lock or cable and lock. The parking facilities shall be located in close proximity to entrances and other high activity areas, highly visible, active, well-lighted areas without interfering with pedestrian movements. J. Electric Vehicle Charging Stations. 1. All new or expanded parking areas shall provide the electrical capacity necessary to accommodate the future hardwire installation of Level 2 Electric Vehicle Charging Stations for a minimum of 10% of required parking spaces. The Zoning Administrator may consider and approve a waiver to this requirement when applicant presents justification for the waiver based on hardship to provide the necessary spaces. 2. Construction documents shall indicate the raceway termination point and the location of installed or future electric vehicle spaces, receptacles, or electric vehicle chargers. Construction documents shall also provide information on amperage of installed or future receptacles or electric vehicle supply equipment, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated electric vehicle branch circuit is installed in close proximity to the location or the proposed location of the electric vehicle space at the time of original construction. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 1 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Chapter 7 Parking and Loading Requirements Section 7.01 Purpose The purpose of this Chapter is to alleviate or prevent congestion of the public streets, and to promote the safety and welfare of the public by: A. Establishing appropriate minimum requirements for the off-street parking of motor vehicles in accordance with the use to which the property is put; B. . It is the further purpose of this Section to pPlaceing upon the property owner the primary responsibility upon the property owner for relieving public streets of the burden of on-street parking; C. Avoiding congestion on adjacent public streets; D. Balancing the needs for sufficient parking with the environmental impacts of large paved surfaces; and, A.E. Providing design standards for safe, efficient and attractive parking areas. Section 7.02 Applicability A. New Development. The off-street parking, loading, and standards of this Chapter shall apply to any new building constructed and to any new use established, as well as to any stand-alone parking lots - all of which shall require a building permit. B. Existing Development. The off-street parking, loading, and design standards of this Chapter shall apply as follows to the modification of existing buildings and uses: 1. A new use and the addition or alteration of a building shall be required to meet the required number of parking spaces. 2. The number of parking spaces and landscape areas shall not be reduced below the amount required by this Chapter. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 2 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 3. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 4, it shall be required to provide only the number of parking spaces and parking design which existed prior to the destruction provided the use has not changed. If the use changes, the number of spaces required and the parking area design will be as required by the current ordinance. 4. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number and type of additional parking spaces necessitated by the expansion. 7.03 General Regulations A. Parking Space Size: 1. Regular Parking Space: A regular parking space shall mean an area of not less than one hundred seventy-one (171) square feet, with a minimum width of nine (9) feet, and minimum depth of nineteen (19) feet, which is specifically designated for, and used for, the parking of an automobile or light truck, exclusive of all driveways and accessways. The nineteen (19) foot parking space depth can include up to a two (2) foot bumper overhang of a landscape area provided all the landscape planning requirements are maintained. Exhibit 7.03 A, Parking Log Design Standards, illustrates the parking space widths and depths, and associated drive aisle widths, for various parking angles. 2. Parking Space for Vehicles Carrying People with Disabilities: A parking space for vehicles carrying persons with disabilities shall mean an area of not less than two hundred nine (209) square feet, with a minimum width of eleven (11) feet, and minimum depth of nineteen (19) feet. In addition to the parking stall, there shall be a five (5) foot wide access aisle adjacent to and on the right side of each parking space. This five (5) foot wide access aisle may be shared by two adjacent parking spaces. The nineteen (19) foot parking space depth can include up to a two (2) foot bumper overhang of a landscape area provided all the landscape planning requirements are maintained.The space shall be specifically designated and used for the parking of an automobile, passenger van or light truck, exclusive of all driveways and access ways that is designated as a vehicle permitted to park in such a parking space. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 3 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. B. Surfacing: Off-street parking spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. All parking spaces, driveways and access ways shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. The Town Engineer may consider requests for alternative paving materials. Requests for use of an alternative material must include documentation showing how the material will perform under normal use, and not result in chipping, dust, track out, or any other issues determined by the Town Engineer that will adversely affect the adjacent Town right-of-way or violate County environmental or ADEQ regulations. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 4 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. C. All parking areas and landscaping shall be maintained in good condition. Maintenance shall include, but not be limited to, fixing potholes, filling cracks, landscaping, and maintaining the appearance of the parking area. BD. Permits: An applicationsnt for site plan review, development review, or a building permit must submit include plans showing compliance with the off-street parking required by this SectionChapter. These plans must show locations, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, and ingress and egress, and landscape areas and plant material, and must be approved as part of the plan review, development review, or building permitby the Zoning Administrator. Whenever a permit has been issued in compliance with the requirements of this SectionChapter, subsequent use of the structure, or use of the land is conditioned upon the unqualified availability of off-street parking as shown in the approved plans. C. Alterations, Additions, and Expansion of a Business: 1. A new use, addition, or alteration of a building shall not be approved if it would create or increase a deficit in the amount or type of off-street parking. 2. It is unlawful to reduce the amount of existing parking below the minimum amount or type of parking spaces required by this Section without first supplying other spaces as are required. 3. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 4, it shall be required to provide only the number of parking spaces, which existed prior to the destruction. 4. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number and type of additional parking spaces necessitated by the expansion. DE. Parking Garage: All garages or other space allocated for the parking of vehicles, within buildings, basements, or on roofs of buildings, shall be considered part of the off-street parking facilities and may be included as such in computing the parking area requirements. EF. Access: All off-street parking shall have access from a public street or alley. G. Location restrictions: Driveways shall not be located: 1. Within 30’ of another driveway on the same lot, at the right-of-way line. 2. Within 40’ of another driveway on the same lot, at the street curb. 3. Within 5’ of the side or rear property line. 4. Within 25’ of a guardrail. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 5 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 5e. Within 100’ of a bridge or major drainage structure. 6. Where the following sight distance requirements are not available (See Exhibit 7.03 G). 7. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. 8. Within 230' from an existing or anticipated future signalized intersection without approval from the Town Engineer. 9. At stop sign intersection locations: i. Within 115’ of an intersection street curb or gap in a median curb on an arterial street. ii. Within 85' of an intersecting street curb or gap in a median curb on a collector street. iii. Within 50' of an intersecting street curb or gap in a median curb on a local street. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 6 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. F. Ingress, Egress, Internal Traffic Circulation: Off-street parking and loading facilities and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. 1. No building wall, except garage doors, may be closer than ten (10’) feet to any internal drive aisle of any parking lot. 2. No garage doors may be closer than six (6’) feet to any internal drive aisle of any parking lot. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 7 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. G. Storage and Parking of Occupied Vehicles: 1. Construction Office or Security Personnel Housing. The Zoning Administrator may issue an Administrative Use Permit to park a mobile home, motor home, truck camper, or trailer in any zone where said vehicle is used to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect. Such a mobile home or trailer shall be removed immediately upon the stoppage of construction. 2. Temporary Sales Offices for Subdivisions. After obtaining a Temporary Use Permit and a Building Permit for a model home, a mobile home may be used for temporary real estate sales, subject to the following stipulations: a. An all-weather access route to the mobile home has been approved by the Town Engineer. b. A delineated parking area is provided for customer and sales personnel vehicles that is away from construction activity and traffic, with a minimum of one (1) off-street space for each person stationed at the mobile home plus two (2) spaces. c. The mobile home must have indoor restroom facilities available to all patrons. d. The mobile home must be removed from the site prior to the opening of the model home. e. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no event shall a mobile home under this section be open before 7:00 a.m. or after 9:00 p.m. f. The business conducted in the mobile home is restricted to sales and marketing associated with tract subdivision within which the mobile home is located. g. The Temporary Use Permit shall not be for more than one hundred twenty (120) days. h. The mobile home shall be skirted with material similar to the siding of the mobile home. i. There shall be a landscaped area at least equivalent to the square footage of the mobile home. Landscaping shall consist of at least one (1) five (5) gallon plant for each ten (10) lineal feet of the longest side of the mobile home. H. Aircraft: Aircraft may only be located in industrial zones and must be located in an area screened from public view. (19- 17, Amended, 12/17/2019) Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 8 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Section 7.0304 Design and Location of Parking SpacesStandards for Residential uses up to Four Dwellings The following design standards apply for the location and design of parking areas for A. Singlesingle-Family family Residencesresidences, Mobile mobile Homeshomes, and Multiplemultiple-Family family Residences residences of Four four (4) or Less less Dwelling dwelling Unitsunits.: A1. Location: Required off-street parking shall be located on the same lot or parcel as the use it is intended to serve. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. 2. Surfacing: Off-street parking spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. All parking spaces, driveways and access ways shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. B3. Driveways: Driveways and access ways shall be not less than ten (10) feet wide for one-way traffic, not less than twenty (20) feet wide for two-way traffic and not more than 24' wide within the public right-of-way, except that a driveway may be up to 32' wide at the street curb line, measured along the back of the curb, including the wings or radii. Driveways accessible by the following arterial or collector streets must provide an adequate on-site turning radius for vehicles, such that backing out of the driveway is not required:. Shea Boulevard, Fountain Hills Boulevard, Saguaro Boulevard, Palisades Boulevard, Golden Eagle Boulevard, Grande Boulevard, La Montana Drive, El Lago Boulevard (east of Fountain Hills Boulevard), Avenue of the Fountains, Eagle Ridge Drive, Sunridge Drive, Panorama Drive, and Technology Drive. 4. Number, type: No more than two driveway entrances per street will be allowed for each individual lot. 5. Location restrictions: Driveways shall not be located: a. Within 30' of another driveway on the same lot, at the right-of-way line. b. Within 40' of another driveway on the same lot, at the street curb. c. Within 5' of the side or rear property line. d. Within 25' of a guardrail. e. Within 100' of a bridge or major drainage structure. f. Where the following sight distance requirements are not available. g. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 9 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. h. Within 230' from an existing or anticipated future signalized intersection without approval from the Town Engineer. i. At stop sign intersection locations: i. Within 115’ of an intersection street curb or gap in a median curb on an arterial street. ii. Within 85' of an intersecting street curb or gap in a median curb on a collector street. iii. Within 50' of an intersecting street curb or gap in a median curb on a local street. 6 Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 10 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. C. Covered Parking: A minimum of two covered parking spaces shall be provided per unit. D. Tandem Parking: Single-family dwellings with dedicated parking associated with the dwelling may utilize tandem parking. In mutli-residential developments tandem parking may only be used when parking spaces are assigned for each unit or for parking in addition to the required parking. E. Slope Requirements: For a distance of 20' from the primary structure the driveway shall not exceed a 10% slope. In all other locations, driveways shall slope at a minimum of 2% and at a maximum of 18%. 7F. Grade breaks: Grade breaks and vertical curves shall provide adequate vehicle ground clearance. 8G. Minimum rise: Driveways shall rise to at least 7" above the gutter-line, within 5' of the curb. Greater rises shall be used where needed to prevent flooding. 9H. Wedge curb removals: Concrete, asphalt or other materials shall not be placed in the street to improve drive-ability at existing wedge curbs. Wedge curbs shall be removed and replaced using the Town's standard detail at all three and four unit properties and when desired by the property owner or directed by the Town Engineer. 10I. If no driveway access location meeting the above standards is possible, the Town Engineer will designate one driveway access location based on traffic safety and operational needs; the Town Engineer shall require conformance to this section as much as possible Section 7.05 Design Standards for Multi-residence (5 or more dwelling units) and Non- residential Development B. All Uses except as Provided Above. The following design standards apply for the location and design of parking areas for multiple-family residences of five (5) or more dwelling units and all non-residential developments. 1A. Location: Required off-street parking shall be located within three hundred (300) feet of the building or use it is intended to serve, the distance being measured along the a street straight line from the nearest point of the building or use to the nearest point of the parking lot. Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as a part of his application satisfactory assurance that the separate lot or parcel is permanently committed to parking use by enforceable legal measure. 2B. Off-Street Parking: Off-street parking spaces shall be situated in a manner which will not result in automobiles backing onto a public street. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 11 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 3. Surfacing: All off-street parking areas, access ways, and driveways shall be improved with concrete, pavement bricks, or asphaltic concrete. The surfacing of the parking area shall be designed and graded so that there will be total retention or drainage into a drainage system approved by the Town Engineer. 4C. Covered Parking. Covered parking shall be provided according to the following requirements: 1. Multiple-residence, a minimum of one covered space per unit. 2. Business and office use developments with at least 10 parking spaces, one covered space per office suite. D. Curbing: A six-inch-wide by six-inch-high curb or bumper guard shall be installed along all property lines bordering the parking and maneuvering area, excluding necessary points of ingress and egress, and shall be so located that no part of a vehicle shall extend over or beyond any property line. 5E. Ingress, Egress, Internal Traffic Circulation: Off-street parking and loading facilities and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. 1. No building wall, except garage doors, may be closer than ten (10’) feet to any internal drive aisle of any parking lot. 2. No garage doors may be closer than six (6’) feet to any internal drive aisle of any parking lot. 3. Parking spaces backing into main drive aisles connecting directly to a street and drive aisles that cross such main drive aisles shall be separated at least thirty (30) feet from the property line abutting the street. 4. Drive aisles with no direct access to a parking space must be a minimum of twenty (20) feet wide. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 12 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. F. Landscaping: 1. As indicated in the diagram below, the perimeter of all areas of the parking lot with the exception of necessary points of ingress and egress, shall be no closer than ten (10) feet from all street or alley property lines. Along interior property lines, parking spaces and drive aisles shall be setback at least five (5) feet from the property line unless approved as cross access driveway and parking area. That unoccupied area shall be landscaped and maintained with trees, shrubs, ground cover, undisturbed natural growth, pedestrian walkways, and plazas. Selection of vegetation shall be from the low water use plant list in Section 6.09 of the Subdivision Ordinance, Table 4. Fountain Hills Plant List, and shall include a minimum of 4 trees and 20 shrubs per 100 linear feet of length. 1. In addition to the perimeter landscaping, a minimum of five percent of the interior parking lot must be landscaped in accordance with a landscape plan submitted to and approved by the Community Development Department. Such landscaping must be maintained for the duration of the use of the parking lot. Landscaping shall be developed in accordance with the standards of Article VI, Section Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 13 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 605.C.1-5 Nonabutting Areas of the Subdivision Ordinance of the Town of Fountain Hills. Areas proposed to be landscaped may be irrigated by an automatically timer system. 2. with plantings, and one (1) tree for each ten (10) spaces shall be installed. Parking lot street frontage and perimeter landscape areas shall be a minimum of ten (10) feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street (See Exhibit 7.05 F. 2.). Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 14 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 3. The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than two (2’) feet above the top of the paved parking lot surface. b. Landscaping materials such as trees shall be trimmed so that no parts of their canopies are less than seven (7’) feet above the top of the paved parking lot surface. c. Any parking lot signage shall meet the requirements of this section for visibility. 4. Visibility. A five (5’) foot tall clear visibility zone must be maintained between two (2) and seven (7) feet above the top of the paved parking lot surface and the bottom of tree canopies at all times as shown in Exhibit 7.05 F. 4. below. Any parking lot signage shall meet the requirements of this section for visibility. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 15 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 5. Plant type: A mixture of hardy flowering and/or decorative desert plants, and deciduous trees may be planted. Plants that provide maximum screening at ground level up to three and one-half (3 1/2) feet should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving materials. 6G. Width and numberDesign: As indicated in the diagram below, all areas of the parking lot with the exception of necessary points of ingress and egress, shall be no closer than ten (10) feet from all street or alley property lines. That unoccupied area shall be landscaped and maintained with trees, shrubs, ground cover, undisturbed natural growth, pedestrian walkways, and plazas in a manner acceptable to the Planning and Zoning Commission. Access to off-street parking areas from a public street shall be from a two-way driveway with a minimum width of twenty (20) feet and a maximum width of twenty-eight (28) feet, or two (2) one-way driveways each with a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet. No access driveway shall be located closer than twenty (20) feet from a street intersection or other access driveway, nor any closer than ten (10) feet from any property line unless a joint use access driveway is approved by the Town Engineer. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 16 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 7. Dimensions: Arrangements of parking spaces within the parking lot and drive-way widths shall conform with the following requirements: Parking layout dimension (in feet) for 9 feet by 19 feet stalls at various angles. 8. Parking Spaces for Persons with Disabilities: Parking spaces for persons with disabilities shall include a five (5) foot wide access aisle adjacent to the right side of each parking space. The parking space and access aisle shall not have a slope greater than two percent (2%) in any direction. The access aisle shall be connected to an accessible route to the appropriate accessible entrance of a building or facility. The parking access aisle shall either blend with the accessible route or have a curb ramp complying with Americans with Disabilities Act (ADA) regulations. Such a curb ramp opening must be located within the access aisle boundaries, not within the parking space boundaries. The required dimensions of the access aisle cannot be restricted by planters, curbs or wheel stops. Signs designating parking spaces for disabled people shall be located in front of each parking space, and shall be mounted four (4) feet above the ground, in addition to blue wheelchair logo being painted on the parking space itself. 9H. Screening: Whenever a parking lot or a driveway to a parking lot is established so as to adjoin the side or abut the rear line of a lot in a residential zoning district, a solid masonry or solid material fence six (6) feet in height or of other material or height as allowed or required by the Planning and Zoning Commission (subject also to the fence height regulations established in Sections 5.08 and 5.09 of this Ordinance) shall be constructed and maintained along said side or rear lot line. 10I. Lighting: Parking lots used during hours of darkness shall not exceed five (5) foot candles. Lighting shall be indirect, hooded and arranged so that the source of light is not directly visible from any street or adjoining Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 17 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. property as required by Chapter 8, Outdoor Lighting Control. Light standards shall be a maximum of twenty (20) feet in height above grade. Dimension On Diagram 45 60 75 90 Stall width, parallel to aisle A 12.7 10.4 9.3 9.0 Stall length of line B 28.5 24.3 21.5 19.0 Stall depth to wall C 20.0 21.0 20.5 19.0 Aisle width between stall lines D 12.0 16.0 23.0 26.0 Stall depth; interlock E 17.0 19.0 19.5 19.0 Module, wall to interlock F 49.0 56.0 63.0 64.0 Module, interlocking G 46.0 54.0 62.0 64.0 Module, interlock to curb face H 47.0 53.7 60.5 61.5 Bumper overhang, (Typical) I 2.0 2.3 2.5 2.5 Offset J 6.4 2.6 0.6 0.0 Setback K 13.8 10.4 4.9 0.0 Cross aisle, one-way L 14.0 14.0 14.0 14.0 Cross aisle, two-way M 24.0 24.0 24.0 24.0 Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 18 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Dimension On Diagram 45 60 75 90 Access aisle N 5.0 5.0 5.0 5.0 11J. One parking space for persons with disabilities shall be required for any development having 25 or more parking spaces. Thereafter, not less than two percent (2%) of the parking spaces within a development shall be built and maintained as parking spaces for persons with disabilities. CK. The Use of Tandem Parking Spaces: To meet the off-street parking requirements of this Chapter is not permitted in any zoning district. In mutli-residential developments tandem parking may only be used when parking spaces are assigned for each unit or for parking in addition to the required parking. In commercial developments, tandem parking may be used for full-time valet or attended parking or as approved by the Zoning Administrator, for parking in addition to the required parking. Section 7.0406 Schedule of Required Off-Street Spaces A. Off-Street Parking Spaces: Shall be provided for each specified use in accordance with the schedule below. B. Definitions: In calculating the total number of required parking spaces, "usable area" as used herein shall mean the area capable of being devoted to the specified use (does not include such spaces as kitchens, rostrums, hallways, etc), and the term "seat" shall also include each thirty (30) inches of bench seating when individual seats are not provided. CB. Mixed Use Developments: In the event of mixed-use developments, the total requirement for off-street parking spaces is the sum of the requirements of the various uses computed separately. D.C Fractional Amount: In calculating the total number of required off-street parking spaces, fractional amounts shall be rounded upward to the next whole parking space. ED. Unlisted Uses: Minimum parking requirements for a specific use not listed in this Section shall be determined by the Community Development Director with appeal to the Planning and Zoning Commission. FE. Parking in Areas Zoned "Common Commercial Common": Uses located on lots less than 20,000 square feet in areas with a zoning designation of "Common Commercial Common" are not required to meet the minimum parking schedule herein listed on the lot containing the use. The off-street parking provided in the common parking areas shall be deemed sufficient to meet the off-street parking demands for the uses on the lots under 20,000 square feet using the requirements of the minimum parking schedule herein. Uses on lots 20,000 square feet or more in size, that are located in an area zoned "Commercial Common", shall meet at least the minimum off-street parking demand on the lot where the use is located, in accordance with the schedule herein provided in this ordinance. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 19 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. F. Additional requirements for company vehicles. When parking spaces are used for the storage of vehicles or equipment used for delivery, service and repair, or other such use, such parking spaces shall be provided in addition to those otherwise required by this Zoning Ordinance. Before a building permit is issued the number of spaces to be used for vehicle storage shall be shown on the plans. Unless additional spaces are provided in excess of the required number of spaces, no vehicles in addition to that number shall be stored on the site. G. Schedule. Schedule of Required Parking Spaces. Table 7.06 G, Minimum Parking Requirements, provides the schedule for the minimum number of parking spaces required for each type of land use. The number of parking spaces provided by any development shall not exceed 125% of the minimum number of required spaces, unless the excess space utilize a permeable parking surface as approved by the Town Engineer. 1. Residential Use: a. One-or two-family residence: 2 per dwelling unit b. Multiple dwellings: Efficiency units 1½ per dwelling unit One-bedroom units 1½ per dwelling unit Two or more bedroom units 2 per dwelling unit Multiple dwellings shall also provide guest parking at a rate of .25 parking spaces per dwelling unit. c. Rooming houses, fraternities, sororities, resident clubs, lodges 1 per sleeping room or 1 per bed, whichever is greater d. Mobile home parks and subdivision 2 per mobile home site, plus 1 per 2 employees; 1 per 400 square feet of recreation hall or club house area e. Model Homes 1 for each person stationed on site, plus two spaces f. Truck Rental Spaces 1 per truck with a minimum of 4 spaces 2. Commercial sales and service: a. Restaurants, bars, cocktail lounges 1 per 50 sq. feet of useable floor area b. Drive-in food or drink places with on-site consumption 1 per 50 sq. feet of useable floor area, plus 1 per 2- employees c. Mortuaries, funeral homes 1 space for each 75 sq. feet of G.F.A. of public assembly area d. Self-service laundries and dry cleaners 1 per 2 machines e. Open air businesses 1 per 500 sq. ft. of sales area for the first 2,000 plus 1 per additional 2,000 sq ft f. Auto sales lots 1 per each 300 sq. feet of office area and covered parking area, 2 for the first 10,000 sq. feet or portion thereof, and 1 for each additional 10,000 ft. or portion thereof; plus 1 per Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 20 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. employee g. Gas service stations 1 per each 375 sq. feet of building h. Car wash: 1 per employee, plus reserve spaces equal to 5 times the wash capacity i. Motor vehicle and machinery 1 per 200 sq. feet of floor area. j. Planned shopping centers under unified control Requirements for all uses elsewhere specified herein, plus 1 per 250 sq ft of gross leasable space k. Barbershops, beauty shops 2 per service chair l. Furniture and appliance stores, household equipment 1 per 800 sq. feet floor area m Supermarkets, drugstores 1 per 250 sq. feet of gross leasable space n. Hotels, motels 1 per guest room or suite, plus 1 per 2 employees o. Bus depots 1 per 150 sq. feet of waiting room space p. Skating rinks, dance halls, dance studios 1 per 3 persons of maximum capacity permitted by fire regulations q. Bowling alleys 4 per bowling lane, plus 1 per seat in gallery, plus 1 per 2 employees r. Billiard parlors 1 per 2 billiard tables, plus 1 per 2 employees s. Gymnasiums, health studios 1 per 400 sq. feet. of usable floor area, plus 1 per 2 employees t. Private golf clubs, swimming, and tennis clubs 1 per every 5 member families or individuals u. Theaters, auditoriums, gymnasiums and similar places of public assembly 1 per 4-person occupancy capacity 3. Offices and Clinic Uses: a. Offices, banks, savings and gross or loan agencies 1 per 250 sq. feet of floor area b. Medical and dental offices clinics 1 per 100 sq. feet of waiting and examination room or dental chair plus 1 per 2 employees c. Nursing homes, convalescent homes, and homes for the aged 1 per 4 beds 4. Schools and Institutions: a. Elementary and intermediate schools 1 per employee Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 21 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. b. High schools 1 per 8 students, plus 1 per employee c. Junior colleges, colleges,universities 1 per 3 enrolled full-time day students plus 1 per 2 employees d. Trade schools, business college 1 per 150 sq. feet of gross floor area e. Hospitals 1 per 2 beds, plus 1 per employee f. Churches, community centers, assembly halls, clubs, and libraries 1 space per each 75 sq. feet of G.F.A. for the public 5. Manufacturing and industrial uses: a. Manufacturing 2 per every 3 employees b. Telemarketing, Data Processing Centers 1 per 50 square feet c. Other industrial uses 1 per 300 square feet d. Warehousing or wholesaling 1 per 800 square feet e. Mini-Storage 1 per 35 spaces; plus 1 for the manager f. Truck Rental Spaces 1 per truck with a minimum of 4 spaces Table 7.06 G. Minimum Parking Requirements Land Use Minimum Parking Requirement Open Space Golf course 6 per tee plus spaces for restaurant, pro shop, or driving range if provided. Driving range 2.5 per each driving tee Park land As needed Trails /Trailheads As needed Undeveloped natural land None Residential Single, Attached or Detached dwelling Duplex Dwelling 2 per unit Accessory dwelling unit 1 additional space Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 22 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Multiple Residences Efficiency and 1 bedroom 1.75 per unit; ½ requirement for senior designated housing 2 or more bedroom 2.25 per unit; ½ requirement for senior designate housing Group Housing Boarding house 2 plus one per bed for boarders Dormitory, fraternity, sorority 1 per bed Home day care 2 additional off-street spaces above the number required for the primary use Model home/Sales centers 2 plus 2 for each model home Non-Residential Animal services 1 per 375 sq. ft. of gross floor area including indoor kennel area Kennel only – 1 per 500 sq. ft. of gross floor area Assembly uses Eating and drinking establishments 1 per 75 sq. ft. of gross floor area of, including outdoor assembly and dining For assembly uses, only applies to public gathering areas Automotive Uses Automobile, truck, and RV sales and rentals 1 per 200 sq. ft. of gross floor area plus 1 for every 10 outdoor vehicle display spaces Large truck and construction equipment sales and rental 1 per 200 sq. ft. of gross floor area Automotive repair Major – 3 per bay Minor – 4 per bay Car wash Self-service – 2 stacking spaces behind each wash bay, plus one space per wash bay for drying, plus one for each vacuum, plus 1 Automatic – 5 stacking spaces before the order box, Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 23 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. plus one for each vacuum, plus 3 Office uses Business support uses Community and cultural Food and beverage stores Personal services Personal storage Studios 1 per 250 sq. ft. of gross floor area Personal storage uses requirement is for office/leasing area, plus 1 for resident manager and 1 for every 100 storage units. For exterior access storage units, drive aisles may be allowed to meet the parking requirement if of sufficient width. Medical offices and convenience stores 1 per 200 sq. ft. of gross floor area Call Centers 1 per 100 sq. ft. of gross floor area Child/Adult care facilities (non-residential) 1 per 375 sq. ft. of gross floor area Fueling stations 1 for every 4 fuel dispensing/charging stations (plus requirements for convenience store if applicable) Handicapped/Assisted Living – 11 or more Nursing Home 1 per 3 residents maximum capacity Hospitals 3 per patient bed (emergency and in-patient) plus 1 per 200 sq. ft. of gross floor area for urgent care, out- patient services, or other associated activities Hotels and lodging 1.2 per guest room plus 1 per 250 sq. ft. of gross floor area for meeting space Landscape nurseries and materials Art, metal and ornamental iron shops Light Assembly/cabinet shops Light Industrial General Industrial Research and testing laboratories Wholesaling Warehousing Major Utilities 1 per 300 sq. ft. of gross floor area of office, display or sales areas plus 1 per 1,000 sq. ft. of other areas including outdoor sales and display area Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 24 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Radio and television broadcasting Passenger transportation terminals Maintenance and repair services 1 per 400 sq. ft. of gross floor area Recreation (bowling centers, amusement arcades, driving ranges, fitness centers, miniature golf, etc.) 1 per 200 sq. ft. of gross floor area plus 1 per 400 sq. ft. of outdoor activity area accessible to the public Group Commercial (multi-tenant building) 1 per 275 sq. ft. of gross floor area Retail not elsewhere classified Rental facilities (other than automotive) 1 per 350 sq. ft. of gross floor area Furniture and other large items stores – 1 per 500 sq. ft. of gross floor area Add 1 per 800 sq. ft. of outdoor area used for display Schools Colleges or Universities Commercial trade schools Industrial trade schools Per parking study Primary school 1.25 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Secondary school 10 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Outdoor storage Minor utilities 1 per 500 sq. ft. of gross floor area plus 1 per 5,000 sq. ft. of area used for outdoor storage Recycling and Salvage 1 per 300 sq. ft. of gross floor area of office or interior customer area; plus 1 per 750 sq. ft. of gross floor area for buildings used for processing; plus 1 per 10,000 sq. ft. of area used for outdoor storage H. Off-Street Loading and Unloading Spaces: Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 25 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 1. Unless otherwise specified in this Ordinance, off-street loading and unloading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty-five (45) feet and a minimum height of fourteen (14) feet, exclusive of access aisles and maneuvering space. 2. Off-street loading and unloading spaces with a minimum width of ten (10) feet and a minimum length of thirty (30) feet may be provided for all or part of the required number of off-street loading and unloading spaces if approved by the Planning & Zoning Commission through the conceptual site plan approval process. 3. Off-street loading and unloading spaces shall not be permitted in any required front yard, or in any required side yard, except in nonresidential districts. Off-street loading and unloading spaces may occupy all or any part of a required rear yard, except as otherwise provided herein, and may be partially or entirely enclosed within a building. All off-street loading and unloading loading spaces abutting residential zoning districts shall be screened from the residential zoning districts by a masonry wall not less than eight (8) feet in height. 4. Where a building or use in a nonresidential district abuts an alley, such alley may be used as maneuvering space for off-street loading and unloading spaces. No alley abutting any residential district may be so used. 5. Off-street loading and unloading spaces, aisles, and access drives shall be paved so as to provide a durable dust-proof surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, street, or alleys. 6. Schedule of off-street loading and unloading space requirements: Unless otherwise provided in the Ordinance, every office, hotel, restaurant, department store, hospital, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishments, and all other structures devoted to similar mercantile or industrial pursuits, which has a aggregate gross floor area of five thousand (5,000) square feet or more shall provide off-street loading and unloading spaces in accordance with the following table: SQUARE FEET OF AGGREGATE GROSS FLOOR REQUIRED NUMBER OF SPACES 5,000 SQ. FT. TO 40,000 SQ. FT. 1 40,001 SQ. FT. TO 100,000 SQ. FT. 2 100,001 SQ. FT. TO 160,000 SQ. FT. 3 160.001 SQ. FT. TO 240,000 SQ. FT. 4 240,001 SQ. FT. TO 320,000 SQ. FT. 5 320,001 SQ. FT. TO 400,000 SQ. FT. 6 400,001 SQ. FT. TO 490,000 SQ. FT. 7 EACH ADDITIONAL 100,000 1 additional Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 26 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. L. Parking Lot Landscaping. 1. Amount required: In parking lots, at least five percent (5%) of the interior parking area shall be landscaped with plantings, and one (1) tree for each ten (10) spaces shall be installed. Parking lot street frontage and perimeter landscape areas shall be a minimum of ten (10) feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street. 2. Location: The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than two (2’) feet above the top of the paved parking lot surface. b. Landscaping materials such as trees shall be trimmed so that no parts of their canopies are less than seven (7’) feet above the top of the paved parking lot surface. c. Any parking lot signage shall meet the requirements of this section. d. A five (5’) foot tall clear visibility zone must be maintained between 2’ and 7’ above the top of the paved parking lot surface at all times as shown in Figure 2 below. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 27 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 28 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 3. Plant type: A mixture of hardy flowering and/or decorative desert plants, and deciduous trees may be planted. Plants that provide maximum screening at ground level up to three and one-half (3 1/2) feet should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving materials. I. Bicycle Parking. In addition to the required vehicle parking spaces, the following bicycle parking spaces and facilities shall be required: 1. Required bicycle parking. Every principal and accessory use of land which is required to provide at least twenty (20) vehicular parking spaces shall be required to provide bicycle parking spaces at a rate of one (1) bicycle parking space per every ten (10) required vehicular parking spaces. No use shall be required to provide more than twenty (20) bicycle parking spaces. 2. Bicycle parking facilities design. Required bicycle parking facilities shall, at a minimum, provide a stationary object to which the bicyclist can lock the bicycle frame and both wheels with a user provided U-shaped lock or cable and lock. The parking facilities shall be located in close proximity to entrances and other high activity areas, highly visible, active, well-lighted areas without interfering with pedestrian movements. J. Electric Vehicle Charging Stations. 1. All new or expanded parking areas shall provide the electrical capacity necessary to accommodate the future hardwire installation of Level 2 Electric Vehicle Charging Stations for a minimum of 10% of required parking spaces. The Zoning Administrator may consider and approve a waiver to this requirement when applicant presents justification for the waiver based on hardship to provide the necessary spaces. 2. Construction documents shall indicate the raceway termination point and the location of installed or future electric vehicle spaces, receptacles, or electric vehicle chargers. Construction documents shall also provide information on amperage of installed or future receptacles or electric vehicle supply equipment, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 29 of 29 The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated electric vehicle branch circuit is installed in close proximity to the location or the proposed location of the electric vehicle space at the time of original construction. Chapter 7 Parking and Loading Requirements Section 7.01 Purpose The purpose of this Chapter is to alleviate or prevent congestion of the public streets, and to promote the safety and welfare of the public by establishing minimum requirements for the off-street parking of motor vehicles in accordance with the use to which the property is put. It is the further purpose of this Section to place upon the property owner the primary responsibility for relieving public streets of the burden of on-street parking. Section 7.02 General Regulations A. Parking Space Size: 1. Regular Parking Space: A regular parking space shall mean an area of not less than one hundred seventy- one (171) square feet, with a minimum width of nine (9) feet, and minimum depth of nineteen (19) feet, which is specifically designated for, and used for, the parking of an automobile or light truck, exclusive of all driveways and accessways. 2. Parking Space for Vehicles Carrying People with Disabilities: A parking space for vehicles carrying persons with disabilities shall mean an area of not less than two hundred nine (209) square feet, with a minimum width of eleven (11) feet, and minimum depth of nineteen (19) feet. In addition to the parking stall, there shall be a five (5) foot wide access aisle adjacent to and on the right side of each parking space. The space shall be specifically designated and used for the parking of an automobile, passenger van or light truck, exclusive of all driveways and access ways that is designated as a vehicle permitted to park in such a parking space. B. Permits: An applicant for plan review, development review, or a building permit must submit plans showing the off-street parking required by this Section. These plans must show locations, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, and ingress and egress, and must be approved by the Zoning Administrator. Whenever a permit has been issued in compliance with the requirements of this Section, subsequent use of the structure, or use of the land is conditioned upon the unqualified availability of off-street parking as shown in the approved plans. C. Alterations, Additions, and Expansion of a Business: 1. A new use, addition, or alteration of a building shall not be approved if it would create or increase a deficit in the amount or type of off-street parking. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 1 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 2. It is unlawful to reduce the amount of existing parking below the minimum amount or type of parking spaces required by this Section without first supplying other spaces as are required. 3. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 4, it shall be required to provide only the number of parking spaces, which existed prior to the destruction. 4. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number and type of additional parking spaces necessitated by the expansion. D. Parking Garage: All garages or other space allocated for the parking of vehicles, within buildings, basements, or on roofs of buildings, shall be considered part of the off-street parking facilities and may be included as such in computing the parking area requirements. E. Access: All off-street parking shall have access from a public street or alley. F. Ingress, Egress, Internal Traffic Circulation: Off-street parking and loading facilities and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. 1. No building wall, except garage doors, may be closer than ten (10’) feet to any internal drive aisle of any parking lot. 2. No garage doors may be closer than six (6’) feet to any internal drive aisle of any parking lot. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 2 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. G. Storage and Parking of Occupied Vehicles: 1. Construction Office or Security Personnel Housing. The Zoning Administrator may issue an Administrative Use Permit to park a mobile home, motor home, truck camper, or trailer in any zone where said vehicle is used to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect. Such a mobile home or trailer shall be removed immediately upon the stoppage of construction. 2. Temporary Sales Offices for Subdivisions. After obtaining a Temporary Use Permit and a Building Permit for a model home, a mobile home may be used for temporary real estate sales, subject to the following stipulations: a. An all-weather access route to the mobile home has been approved by the Town Engineer. b. A delineated parking area is provided for customer and sales personnel vehicles that is away from construction activity and traffic, with a minimum of one (1) off-street space for each person stationed at the mobile home plus two (2) spaces. c. The mobile home must have indoor restroom facilities available to all patrons. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 3 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. The mobile home must be removed from the site prior to the opening of the model home. e. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no event shall a mobile home under this section be open before 7:00 a.m. or after 9:00 p.m. f. The business conducted in the mobile home is restricted to sales and marketing associated with tract subdivision within which the mobile home is located. g. The Temporary Use Permit shall not be for more than one hundred twenty (120) days. h. The mobile home shall be skirted with material similar to the siding of the mobile home. i. There shall be a landscaped area at least equivalent to the square footage of the mobile home. Landscaping shall consist of at least one (1) five (5) gallon plant for each ten (10) lineal feet of the longest side of the mobile home. H. Aircraft: Aircraft may only be located in industrial zones and must be located in an area screened from public view. (19-17, Amended, 12/17/2019) Section 7.03 Design and Location of Parking Spaces A. Single-Family Residences, Mobile Homes, and Multiple-Family Residences of Four (4) or Less Dwelling Units: 1. Location: Required off-street parking shall be located on the same lot or parcel as the use it is intended to serve. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. 2. Surfacing: Off-street parking spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. All parking spaces, driveways and access ways shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. 3. Driveways: Driveways and access ways shall be not less than ten (10) feet wide for one-way traffic, not less than twenty (20) feet wide for two-way traffic and not more than 24' wide within the public right-of-way, except that a driveway may be up to 32' wide at the street curb line, measured along the back of the curb, including the wings or radii. Driveways accessible by the following arterial or collector streets must provide an adequate on-site turning radius for vehicles, such that backing out of the driveway is not required. Shea Boulevard, Fountain Hills Boulevard, Saguaro Boulevard, Palisades Boulevard, Golden Eagle Boulevard, Grande Boulevard, La Montana Drive, El Lago Boulevard (east of Fountain Hills Boulevard), Avenue of the Fountains, Eagle Ridge Drive, Sunridge Drive, Panorama Drive, and Technology Drive. 4. Number, type: No more than two driveway entrances will be allowed for each individual lot. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 4 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 5. Location restrictions: Driveways shall not be located: a. Within 30' of another driveway on the same lot, at the right-of-way line. b. Within 40' of another driveway on the same lot, at the street curb. c. Within 5' of the side or rear property line. d. Within 25' of a guardrail. e. Within 100' of a bridge or major drainage structure. f. Where the following sight distance requirements are not available. g. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 5 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 6 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. h. Within 230' from an existing or anticipated future signalized intersection without approval from the Town Engineer. i. At stop sign intersection locations: i. Within 115’ of an intersection street curb or gap in a median curb on an arterial street. ii. Within 85' of an intersecting street curb or gap in a median curb on a collector street. iii. Within 50' of an intersecting street curb or gap in a median curb on a local street. 6. Slope Requirements: For a distance of 20' from the primary structure the driveway shall not exceed a 10% slope. In all other locations, driveways shall slope at a minimum of 2% and at a maximum of 18%. 7. Grade breaks: Grade breaks and vertical curves shall provide adequate vehicle ground clearance. 8. Minimum rise: Driveways shall rise to at least 7" above the gutter-line, within 5' of the curb. Greater rises shall be used where needed to prevent flooding. 9. Wedge curb removals: Concrete, asphalt or other materials shall not be placed in the street to improve drive-ability at existing wedge curbs. Wedge curbs shall be removed and replaced using the Town's standard detail at all three and four unit properties and when desired by the property owner or directed by the Town Engineer. 10. If no driveway access location meeting the above standards is possible, the Town Engineer will designate one driveway access location based on traffic safety and operational needs; the Town Engineer shall require conformance to this section as much as possible B. All Uses except as Provided Above. 1. Location: Required off-street parking shall be located within three hundred (300) feet of the building or use it is intended to serve, the distance being measured along the street line from the nearest point of the building or use to the nearest point of the parking lot. Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as a part of his application satisfactory assurance that the separate lot or parcel is permanently committed to parking use by enforceable legal measure. 2. Off-Street Parking: Off-street parking spaces shall be situated in a manner which will not result in automobiles backing onto a public street. 3. Surfacing: All off-street parking areas, access ways, and driveways shall be improved with concrete, pavement bricks, or asphaltic concrete. The surfacing of the parking area shall be designed and graded so that there will be total retention or drainage into a drainage system approved by the Town Engineer. 4. Curbing: A six-inch-wide by six-inch-high curb or bumper guard shall be installed along all property lines bordering the parking and maneuvering area, excluding necessary points of ingress and egress, and shall be so located that no part of a vehicle shall extend over or beyond any property line. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 7 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 5. Landscaping: In addition to the perimeter landscaping, a minimum of five percent of the interior parking lot must be landscaped in accordance with a landscape plan submitted to and approved by the Community Development Department. Such landscaping must be maintained for the duration of the use of the parking lot. Landscaping shall be developed in accordance with the standards of Article VI, Section 605.C.1-5 Nonabutting Areas of the Subdivision Ordinance of the Town of Fountain Hills. Areas proposed to be landscaped may be irrigated by an automatically timer system. 6. Design: As indicated in the diagram below, all areas of the parking lot with the exception of necessary points of ingress and egress, shall be no closer than ten (10) feet from all street or alley property lines. That unoccupied area shall be landscaped and maintained with trees, shrubs, ground cover, undisturbed natural growth, pedestrian walkways, and plazas in a manner acceptable to the Planning and Zoning Commission. Access to off-street parking areas from a public street shall be from a two-way driveway with a minimum width of twenty (20) feet and a maximum width of twenty-eight (28) feet, or two (2) one-way driveways each with a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet. No access driveway shall be located closer than twenty (20) feet from a street intersection or other access driveway, nor any closer than ten (10) feet from any property line unless a joint use access driveway is approved by the Town Engineer. 7. Dimensions: Arrangements of parking spaces within the parking lot and drive-way widths shall conform with the following requirements: Parking layout dimension (in feet) for 9 feet by 19 feet stalls at various angles. 8. Parking Spaces for Persons with Disabilities: Parking spaces for persons with disabilities shall include a five (5) foot wide access aisle adjacent to the right side of each parking space. The parking space and access aisle shall not have a slope greater than two percent (2%) in any direction. The access aisle shall be connected to an accessible route to the appropriate accessible entrance of a building or facility. The parking access aisle Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 8 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. shall either blend with the accessible route or have a curb ramp complying with Americans with Disabilities Act (ADA) regulations. Such a curb ramp opening must be located within the access aisle boundaries, not within the parking space boundaries. The required dimensions of the access aisle cannot be restricted by planters, curbs or wheel stops. Signs designating parking spaces for disabled people shall be located in front of each parking space, and shall be mounted four (4) feet above the ground, in addition to blue wheelchair logo being painted on the parking space itself. 9. Screening: Whenever a parking lot or a driveway to a parking lot is established so as to adjoin the side or abut the rear line of a lot in a residential zoning district, a solid masonry or solid material fence six (6) feet in height or of other material or height as allowed or required by the Planning and Zoning Commission (subject also to the fence height regulations established in Sections 5.08 and 5.09 of this Ordinance) shall be constructed and maintained along said side or rear lot line. 10. Lighting: Parking lots used during hours of darkness shall not exceed five (5) foot candles. Lighting shall be indirect, hooded and arranged so that the source of light is not directly visible from any street or adjoining property. Light standards shall be a maximum of twenty (20) feet in height above grade. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 9 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Dimension On Diagram 45 60 75 90 Stall width, parallel to aisle A 12.7 10.4 9.3 9.0 Stall length of line B 28.5 24.3 21.5 19.0 Stall depth to wall C 20.0 21.0 20.5 19.0 Aisle width between stall lines D 12.0 16.0 23.0 26.0 Stall depth; interlock E 17.0 19.0 19.5 19.0 Module, wall to interlock F 49.0 56.0 63.0 64.0 Module, interlocking G 46.0 54.0 62.0 64.0 Module, interlock to curb face H 47.0 53.7 60.5 61.5 Bumper overhang, (Typical) I 2.0 2.3 2.5 2.5 Offset J 6.4 2.6 0.6 0.0 Setback K 13.8 10.4 4.9 0.0 Cross aisle, one-way L 14.0 14.0 14.0 14.0 Cross aisle, two-way M 24.0 24.0 24.0 24.0 Access aisle N 5.0 5.0 5.0 5.0 Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 10 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 11. One parking space for persons with disabilities shall be required for any development having 25 or more parking spaces. Thereafter, not less than two percent (2%) of the parking spaces within a development shall be built and maintained as parking spaces for persons with disabilities. C. The Use of Tandem Parking Spaces: To meet the off-street parking requirements of this Chapter is not permitted in any zoning district. Section 7.04 a. One-or two-family residence: 2 per dwelling unit b. Multiple dwellings: Efficiency units 1½ per dwelling unit One-bedroom units 1½ per dwelling unit Two or more bedroom units 2 per dwelling unit Schedule of Required Off-Street Spaces A. Off-Street Parking Spaces: Shall be provided for each specified use in accordance with the schedule below. B. Definitions: In calculating the total number of required parking spaces, "usable area" as used herein shall mean the area capable of being devoted to the specified use (does not include such spaces as kitchens, rostrums, hallways, etc), and the term "seat" shall also include each thirty (30) inches of bench seating when individual seats are not provided. C. Mixed Use Developments: In the event of mixed-use developments, the total requirement for off-street parking spaces is the sum of the requirements of the various uses computed separately. D. Fractional Amount: In calculating the total number of required off-street parking spaces, fractional amounts shall be rounded upward to the next whole parking space. E. Unlisted Uses: Minimum parking requirements for a specific use not listed in this Section shall be determined by the Community Development Director with appeal to the Planning and Zoning Commission. F. Parking in Areas Zoned "Commercial Common": Uses located on lots less than 20,000 square feet in areas with a zoning designation of "Commercial Common" are not required to meet the minimum parking schedule herein listed. The off-street parking provided in the common parking areas shall be deemed sufficient to meet the off-street parking demands for the uses on the lots under 20,000 square feet. Uses on lots 20,000 square feet or more in size, that are located in an area zoned "Commercial Common", shall meet at least the minimum off-street parking demand on the lot where the use is located, in accordance with the schedule herein provided in this ordinance. G. Schedule. 1. Residential Use: Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 11 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Multiple dwellings shall also provide guest parking at a rate of .25 parking spaces per dwelling unit. c. Rooming houses, fraternities, sororities, resident clubs, lodges 1 per sleeping room or 1 per bed, whichever is greater d. Mobile home parks and subdivision 2 per mobile home site, plus 1 per 2 employees; 1 per 400 square feet of recreation hall or club house area e. Model Homes 1 for each person stationed on site, plus two spaces f. Truck Rental Spaces 1 per truck with a minimum of 4 spaces a. Restaurants, bars, cocktail lounges 1 per 50 sq. feet of useable floor area b. Drive-in food or drink places with on-site consumption 1 per 50 sq. feet of useable floor area, plus 1 per 2-employees c. Mortuaries, funeral homes 1 space for each 75 sq. feet of G.F.A. of public assembly area d. Self-service laundries and dry cleaners 1 per 2 machines e. Open air businesses 1 per 500 sq. ft. of sales area for the first 2,000 plus 1 per additional 2,000 sq ft f. Auto sales lots 1 per each 300 sq. feet of office area and covered parking area, 2 for the first 10,000 sq. feet or portion thereof, and 1 for each additional 10,000 ft. or portion thereof; plus 1 per employee g. Gas service stations 1 per each 375 sq. feet of building h. Car wash: 1 per employee, plus reserve spaces equal to 5 times the wash capacity i. Motor vehicle and machinery 1 per 200 sq. feet of floor area. j. Planned shopping centers under unified control Requirements for all uses elsewhere specified herein, plus 1 per 250 sq ft of gross leasable space k. Barbershops, beauty shops 2 per service chair 2. Commercial sales and service: Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 12 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. l. Furniture and appliance stores, household equipment 1 per 800 sq. feet floor area m Supermarkets, drugstores 1 per 250 sq. feet of gross leasable space n. Hotels, motels 1 per guest room or suite, plus 1 per 2 employees o. Bus depots 1 per 150 sq. feet of waiting room space p. Skating rinks, dance halls, dance studios 1 per 3 persons of maximum capacity permitted by fire regulations q. Bowling alleys 4 per bowling lane, plus 1 per seat in gallery, plus 1 per 2 employees r. Billiard parlors 1 per 2 billiard tables, plus 1 per 2 employees s. Gymnasiums, health studios 1 per 400 sq. feet. of usable floor area, plus 1 per 2 employees t. Private golf clubs, swimming, and tennis clubs 1 per every 5 member families or individuals u. Theaters, auditoriums, gymnasiums and similar places of public assembly 1 per 4-person occupancy capacity a. Offices, banks, savings and gross or loan agencies 1 per 250 sq. feet of floor area b. Medical and dental offices clinics 1 per 100 sq. feet of waiting and examination room or dental chair plus 1 per 2 employees c. Nursing homes, convalescent homes, and homes for the aged 1 per 4 beds a. Elementary and intermediate schools 1 per employee b. High schools 1 per 8 students, plus 1 per employee c. Junior colleges, colleges, universities 1 per 3 enrolled full-time day students plus 1 per 2 employees 3. Offices and Clinic Uses: 4. Schools and Institutions: Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 13 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. Trade schools, business college 1 per 150 sq. feet of gross floor area e. Hospitals 1 per 2 beds, plus 1 per employee f. Churches, community centers, assembly halls, clubs, and libraries 1 space per each 75 sq. feet of G.F.A. for the public a. Manufacturing 2 per every 3 employees b. Telemarketing, Data Processing Centers 1 per 50 square feet c. Other industrial uses 1 per 300 square feet d. Warehousing or wholesaling 1 per 800 square feet e. Mini-Storage 1 per 35 spaces; plus 1 for the manager f. Truck Rental Spaces 1 per truck with a minimum of 4 spaces 5. Manufacturing and industrial uses: H. Off-Street Loading and Unloading Spaces: 1. Unless otherwise specified in this Ordinance, off-street loading and unloading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty-five (45) feet and a minimum height of fourteen (14) feet, exclusive of access aisles and maneuvering space. 2. Off-street loading and unloading spaces with a minimum width of ten (10) feet and a minimum length of thirty (30) feet may be provided for all or part of the required number of off-street loading and unloading spaces if approved by the Planning & Zoning Commission through the conceptual site plan approval process. 3. Off-street loading and unloading spaces shall not be permitted in any required front yard, or in any required side yard, except in nonresidential districts. Off-street loading and unloading spaces may occupy all or any part of a required rear yard, except as otherwise provided herein, and may be partially or entirely enclosed within a building. All off-street loading and unloading loading spaces abutting residential zoning districts shall be screened from the residential zoning districts by a masonry wall not less than eight (8) feet in height. 4. Where a building or use in a nonresidential district abuts an alley, such alley may be used as maneuvering space for off-street loading and unloading spaces. No alley abutting any residential district may be so used. 5. Off-street loading and unloading spaces, aisles, and access drives shall be paved so as to provide a durable dust-proof surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, street, or alleys. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 14 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 6. Schedule of off-street loading and unloading space requirements: Unless otherwise provided in the Ordinance, every office, hotel, restaurant, department store, hospital, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishments, and all other structures devoted to similar mercantile or industrial pursuits, which has a aggregate gross floor area of five thousand (5,000) square feet or more shall provide off-street loading and unloading spaces in accordance with the following table: SQUARE FEET OF AGGREGATE GROSS FLOOR REQUIRED NUMBER OF SPACES 5,000 SQ. FT. TO 40,000 SQ. FT. 1 40,001 SQ. FT. TO 100,000 SQ. FT. 2 100,001 SQ. FT. TO 160,000 SQ. FT. 3 160.001 SQ. FT. TO 240,000 SQ. FT. 4 240,001 SQ. FT. TO 320,000 SQ. FT. 5 320,001 SQ. FT. TO 400,000 SQ. FT. 6 400,001 SQ. FT. TO 490,000 SQ. FT. 7 EACH ADDITIONAL 100,000 1 additional L. Parking Lot Landscaping. 1. Amount required: In parking lots, at least five percent (5%) of the interior parking area shall be landscaped with plantings, and one (1) tree for each ten (10) spaces shall be installed. Parking lot street frontage and perimeter landscape areas shall be a minimum of ten (10) feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street. 2. Location: The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than two (2’) feet above the top of the paved parking lot surface. b. Landscaping materials such as trees shall be trimmed so that no parts of their canopies are less than seven (7’) feet above the top of the paved parking lot surface. c. Any parking lot signage shall meet the requirements of this section. d. A five (5’) foot tall clear visibility zone must be maintained between 2’ and 7’ above the top of the paved parking lot surface at all times as shown in Figure 2 below. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 15 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Code Publishing Company 3. Plant type: A mixture of hardy flowering and/or decorative desert plants, and deciduous trees may be planted. Plants that provide maximum screening at ground level up to three and one-half (3 1/2) feet should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving materials. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 16 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Request for a SPECIAL USE PERMIT to allow up to 7 apartment units in the CC, Common Commercial Zoning District, on three lots totaling 0.27 acres located north of the northwest corner of El Pueblo Boulevard and Ivory Drive (16822, 16828, and 16830 E. Pueblo Blvd). Case #SUP23-000006. Staff Summary (Background) The commercial development at the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. is zoned C-C, Common Commercial.  This zoning district is the same as the C-1, Neighborhood Commercial and Professional, Zoning District, but allows for common parking areas rather than parking on individual lots.  The property at this corner was platted in 1973 for this type of development.  The existing building at 16726 E. El Pueblo Blvd. and a portion of the parking lot to the east were constructed prior to January 1986.  Additional buildings and parking were slowly added over the years.  The development as it exists today has been in place since 2004. This request includes the three lots on the north side of the parking lot along Ivory Drive.  Together, these lots total just over 11,800 sq. ft. The applicant is proposing to construct a building on the property that will have seven, two-story apartments.  Each apartment is approximately 1,656 sq. ft. in size.  Six of the units will have a two-car garage, one will have a one car garage.  A concept plan has been submitted to illustrate how the owner plans to develop the property. Residential uses are allowed in the commercial zoning districts only through approval of a Special Use Permit (SUP).  The alternative would be to rezone the property to a multi-family zoning district.  The R-5 zoning district (the Town's highest density multi-family zoning district) would allow six units on this property if it were combined into one lot.  If the SUP is approved, the next step for the applicant will be to prepare a final site plan as required by Sec. 2.04 of the Zoning Ordinance for review and approval by staff. General Plan The General Plan includes the following Goals and Policies: Neighborhoods Element  GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long-term economic vitality. POLICIES  1. Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. 2. Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan. 5. Direct higher-density residential and mixed-used development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise.  Character Areas Element  GOAL 1: Encourage future development, redevelopment and infill in a manner that will maintain and protect existing neighborhoods, the Town’s economic health, community well-being, and natural environment. POLICIES 1. Achieve and maintain a diverse and sustainable land use mix consistent with our small-town character that supports thriving neighborhoods, environment and economy by attracting and retaining revenue-generating uses that: a. Enhance the Town’s economic vitality; and b. Increase the Town’s revenue base to maintain quality infrastructure, services and amenities. GOAL: 2: Development, redevelopment and infill support Fountain Hills' small-town identity and the distinct character of each area while fostering long-term viability. POLICIES 3. Support a mix of residential, employment, and commercial uses at densities and intensities and in the development form that reflect the small-Town character of Fountain Hills. 5. Strongly encourage a wide range of housing types, densities and prices to support the current and projected populations (particularly families and working professionals) and to ensure the future stock of affordable housing for all income ranges.  6. Require that development, redevelopment, and infill conform with Exhibit 2, Character Aras Plan map, and Table 1. Section III of the general plan includes the information on the Character Areas in the Town.  This small commercial area at Glenbrook and Fountain Hills Boulevards was included as part of the surrounding Neighborhood character type.  More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses.  This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood and supportive of the commercial use of the area. Ordinance Requirements The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a SUP.  Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  Section 2.02 F. 1. d. of the zoning ordinance states:   d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area has been zoned and platted prior to incorporation of the Town for commercial uses.  It is still the desire of the Town to have this be a successful commercial center.  The questions become:  Would allowing residential use of this property be detrimental to the desired commercial activity? 1. Would the residential use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Is the residential use being designed and established in a manner that creates a desirable living environment in a manner compatible with the adjacent development and supportive of the general welfare of the Town? 3. A review of this property shows that over its almost 50-year history it has not fully developed and has largely been underutilized.  Two recent additions have been approved through Special Use Permits, one at the corner of Glenbrook and Fountain Hills Boulevard for a 10-unit apartment complex and one at the corner of El Pueblo and Ivory for a mixed use building that included ground floor office and four apartments a second floor.  The building permit has been approved for the development at Ivory and El Pueblo, the apartments at Fountain Hills Boulevard and Glenbrook are ready to submit for site plan review.  The adjacent properties to the north and east are zoned and developed for residential uses.  Residential use on this property would be compatible with those uses.  However, the proposed scale and intensity of the new residential use is out of scale with the adjacent residential uses.  The adjacent properties are built with single-residence and duplex uses and zoned R-2.  With 7 units proposed on this property the density would be over 25 units per acre, which exceeds the R-5 density.  The General Plan encourages the highest densities in Town to be located near the Town Center and along Shea Boulevard. The C-C zoning district allows buildings up to 25' tall.  The adjacent property to the east and north is zoned R-2, which allows a maximum height of 30'.  The lots to the north are built with single-story, single-family homes.  The properties across Ivory Dr. are developed with single-story, duplex condominiums.  According to the information available from the County Assessor's website, these homes have around 1,500 sq. ft. of living space in each home.  The proposed dwellings are two-story and 1,656 sq. ft. in size plus the garages.  The overall building mass, however, 25' tall, 150' long, 48' deep with a combined total square footage over 14,000 sq. ft. While none of the adjacent properties are currently developed with two-story buildings. The residential use is being designed as one large building broken into the seven individual dwelling units.  The small courtyard space in front of each unit provides an outdoor area for that unit.  The next closest existing building in the area in terms of size and mass is the former charter school building on the south side of El Pueblo. If these lots were developed with commercial uses, the zoning designation would allow each lot could have 100% lot coverage at two stories in height.  However, given the limited parking this amount of commercial space could not be added; actual development would have to be smaller and more in keeping with the rest of the center.  There are approximately 113 parking spaces currently in this part of the development.  Using the standard for typical office and retail space (not restaurant space) this number of spaces would support up to 28,250 sq. ft. of commercial space.  The total lot area is a little over 41,000 sq. ft.  Therefore, actual development cannot be 100% coverage with two stories, it will be significantly less.  There is already approximately 16,000 sq. ft. of space developed or planned so only about 12,000 additional sq. ft. of commercial space could be added. If this property were to be developed with just residential uses, the 113 parking spaces would allow 50, 2 bedroom dwelling units.  This amount of building would be equal to over 20 units per acre which is an R-5 density. This number of requested residential dwelling units will require a minimum 16 parking spaces, 14 as required spaces for the residents and two as guest spaces.  Thirteen spaces are in the garages that will be part of the units, which means one of the required resident spaces and the two guest spaces will be in the associated parking lot. If approved, the property owner will need to process a re-plat to combine the three lots into one prior to receiving a building permit. Citizen Participation The applicant mailed letters to property owners within 300' of the property on June 9th.  Staff received no comments as a result of those letters.  The Citizen Participation Report submitted by the applicant states he mailed letters to all the property owners within 300' on June 23, 2023.  He provided information to them on the type of development proposed and provided both an email address and postal address where comments could be made.  No comments were received.  Staff has not received any comments. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 12.03 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed this request at their August 14, 2023, meeting.  At the hearing they heard from the applicant and two citizens.  One citizen expressed some internal concerns on the part of the property owners association regarding some of their rules, but supported the idea of additional residential use.  A neighbor also expressed support for more residential use and was opposed to any further commercial development. The Commissioners determined the overall market area for this portion of the Town would not support additional commercial development in this location and that multi-family use was a good alternative that would support the commercial uses that do exist.  They did not have an issue with the size and scale of the proposed development. Two concerns by the Commission were ensuring the alley along the north side would be paved and that the driveways in front of the garages be at least 18' deep.  Those are both issues that will be address during the site plan review process. The Planning and Zoning Commission voted 6-0 (one absence) to recommend approval of the requested Special Use Permit for up to seven dwelling units on these three lots subject to the applicant paving the alley and adjusting the site plan to have driveways that are at least 18 feet long. Staff Recommendation(s) This is property is zoned, platted and developed for commercial uses.  While additional residential uses in this commercial area may be beneficial, additional residential should only be considered in light of an overall plan for this commercial center and with resolution of the parking issues.  If the desire of the property owners is for this to transition to residential uses, it should be rezoned to an appropriate residential zoning district. For these reasons, staff believes the establishment, maintenance, or operation of the proposed use applied for will be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such and would be detrimental or injurious to property and improvements in this commercial development.  Therefore, staff recommended denial of this application to the Planning and Zoning Commission. Discussion and presentations at the Commission hearing removed some of the staff concerns and re-enforced the challenges with additional commercial development at this location.  While still prefers to see an overall plan that would provide a mix of uses, staff has no significant objections to approval of the SUP. SUGGESTED MOTION MOVE to recommend approval of SUP23-000006 with the stipulations specified by the Planning and Zoning Commission. Attachments Plat 106 POA Letter  Vicinity Map  Project Narrative  Site Plan  Elevations  MCO Letter of Support  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 08/17/2023 09:55 AM Form Started By: John Wesley Started On: 08/17/2023 08:54 AM Final Approval Date: 08/17/2023  Vicinity CASE: SUP23-000006 SITE / ADDRESS: 16822-16830 E EL PUEBLO BLVD APN 176-04-712A APN 176-04-713A APN 176-04-714A REQUEST: SUP FOR MULTI-FAMILY RESIDENTIAL FOR 7 UNITS IN THE COMMERCIAL PROPERTY. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP23-000006SUP23-000006 E GLENBROOK B L V D N F O U N T A I N H I L L S B L V D E EL PUEBLO BL V D N I V O R Y D R AL L E Y BA L B O A W A S H AL L E Y E A L A M O S A A V E N E S C O N D I D O D R CAL I E N T E W A S H M I R A G E C R O S S I N G C T N D E L R A Y D R This project consists of a proposed 7 Unit, 2-story Townhouse Development on a vacant commercial lot. Each unit will have approx. 1,656 sq. ft. with 6 units having a 2 car garage & 1 unit having a 1 car garage. Each unit would also have a private driveway for additional parking in addition to being a part of the shared parking plaza. The parcels are zoned C-C & part of an existing, largely undeveloped, commercial shared parking development. ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Fire Department Prepared by: Dave Ott, Fire Chief Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the IGA with the City of Mesa for fire dispatch services through the Mesa Regional Dispatch Center (MRDC).  Staff Summary (Background) Fire service dispatch for municipal fire departments in the Valley is provided by the Mesa Regional Dispatch Center (MRDC) or Phoenix Regional Dispatch Center (PRDC). In the event of an emergency involving multiple jurisdictions, the two centers work seamlessly regardless of the primary dispatch center. Fountain Hills falls on the east border of the PRDC but within the boundaries of the MRDC. By working with the MRDC for dispatch services (instead of PRDC), Fountain Hills will avoid costly communication infrastructure improvements. In addition, PRDC charges 15-20% more per call than the MRDC. The MRDC also dispatches fewer fire departments, seven compared to twenty-four for the PRDC.This is the more logical fit for Fountain Hills and strategically aligns the Town with other East Valley fire departments. Fountain HIlls has been granted approval from the City of Mesa to be included for dispatch by the MRDC. Additionally, dispatch by the MRDC requires membership in the TOPAZ Regional Wireless Cooperative (TRWC) made up of the departments dispatched by the MRDC. Similarly, PRDC dispatch would require membership in the Regional Wireless Consortium (RWC) if Fountain Hills were part of the group. The bulk of the charges associated with either dispatch centers are based on the number of calls for service annually, plus additional operating costs. The estimated cost per year for MRDC dispatch is approximately $190,000. By comparison, the estimated cost of dispatch through the PRDC was closer to $220,000. All dispatch operating funds have been accounted for and are reflected in the approved budget. Related Ordinance, Policy or Guiding Principle Dispatch through a regional dispatch center improves communication between public safety entities in a relatively seamless manner. This allows for increased safety for large-scale events as well as day to day operations.    Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends the approval of the IGA with the City of Mesa for dispatch through the MRDC.  SUGGESTED MOTION MOVE to Approve the IGA with the City of Mesa for fire and emergency services dispatch through the Mesa Regional Dispatch Center (MRDC).  Attachments MRDC IGA  Form Review Inbox Reviewed By Date Fire Chief (Originator)Dave Ott 09/08/2023 08:41 AM Finance Director David Pock 09/11/2023 06:24 AM Town Attorney Aaron D. Arnson 09/11/2023 09:49 AM Interim Town Manager Rachael Goodwin 09/11/2023 10:34 AM Form Started By: Dave Ott Started On: 09/08/2023 07:54 AM Final Approval Date: 09/11/2023  {00495648.1} 1 INTERGOVERNMENTAL AGREEMENT between THE CITY OF MESA AND THE TOWN OF FOUNTAIN HILLS relating to FIRE DISPATCH SERVICES This Intergovernmental Agreement (“Agreement”) is made and entered into this______ day of ___________________, 2023(“Effective Date”) by and between the City of Mesa (“Mesa”) and the Town of Fountain Hills (“Fountain Hills”), both Arizona municipal corporations (collectively referred to herein as “the Parties”). RECITALS WHEREAS, Mesa and Fountain Hills have the power to enter intergovernmental agreements pursuant to A.R.S. § 11-951 and § 11-952. Mesa is also authorized and empowered pursuant to Article I, Section 103 of its City Charter; and WHEREAS, Fountain Hills has requested that Mesa take over providing fire dispatch services for its community; and WHEREAS, Mesa, through its Fire and Medical Department, operates a regional fire and emergency medical dispatch system and has the capability to provide this service to Fountain Hills; and WHEREAS, Mesa and Fountain Hills desire to enter into an intergovernmental agreement relating to fire dispatch services. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the Parties agree as follows: Article 1. Term, Termination, Effective Date 1.1 Term. The Agreement shall begin on the Effective Date and shall remain in effect until replaced or superseded by subsequent Agreement, or otherwise terminated or dissolved as provided in this Agreement. 1.2 Termination on Notice. Either Fountain Hills or Mesa may terminate this Agreement for any or no reason by providing thirty (30) days’ written notice to the non-terminating party of its intention to terminate. Such termination shall be effective upon notice. {00495648.1} 2 (a) This Agreement shall be contingent upon Fountain Hills Topaz Regional Wireless Cooperative (TRWC) acceptance of and continued membership. Should TRWC membership be denied and/or terminated then this Agreement is null and void. 1.3 Disposition of Property. (a) In the event of expiration, cancellation or any other termination of this Agreement, any and all equipment or other materials purchased for joint use under this Agreement and paid for by one or both of the Parties shall remain as part of Mesa’s Computer Aided Dispatch (“CAD”) system and no reimbursement for such CAD equipment or material shall be made. (b) In the event of expiration, cancellation, or any other termination of this Agreement, Mobile Dispatch Equipment (as defined herein) purchased by Fountain Hills shall belong to Fountain Hills, whether such equipment is in the possession of Mesa or the possession of Fountain Hills. 1.4 Disconnection Fee. In the event that Fountain Hills terminates this Agreement, or this Agreement is terminated as a result of Fountain Hills’s material breach, Fountain Hills shall pay to Mesa all reasonable costs associated with Fountain Hills’s disconnection including, without limitation, Mesa’s reasonable administrative costs. Article 2. Dispatch Services 2.1 Dispatch Policies, Procedures, Specifications. Mesa shall dispatch Fountain Hills fire units in accordance with the Mesa Regional Dispatch Communications (MRDC) policies, procedures and specifications, as the same may be issued and/or amended by MRDC, and in accordance with data specifications implemented on Mesa’s Computer Aided Dispatch and Mobile systems (“Data Specifications”). Fountain Hills agrees to adhere to said policies, procedures and specifications. Fountain Hills also agrees to provide appropriate representation to ad hoc dispatch functional meetings scheduled by Mesa. 2.2 Mesa shall provide Fire Station Alerting (FSA) services to Fountain Hills, dependent on the FSA equipment, infrastructure, and connections. 2.3 Mesa shall provide mobile dispatch services to Fountain Hills, via the CAD’s mobile system. 2.4 Mesa Regional Dispatch Communications Changes. (a) Dispatch Service Changes. If Fountain Hills desires changes to be made to Mesa dispatch services, Fountain Hills shall request these changes in writing to Mesa. To be implemented, all changes must have the mutual consent of all governmental units impacted by the requested changes and serviced by Mesa’s dispatch system. Such changes, if consented to and approved, shall be implemented as amendments to the Mesa Regional Dispatch Communications policies and procedures. The costs {00495648.1} 3 of implementing all changes shall be determined as provided in Section 4.2 of this Agreement. (b) CAD Systems Changes. As long as a valid software maintenance agreement exists between Mesa and its CAD vendor, any changes to the CAD system source code must be authorized and implemented by the CAD vendor. To be implemented, all changes must have the mutual consent of all government units impacted by the requested changes and serviced by Mesa’s CAD system. Such changes, if duly consented to and approved, shall be implemented as amendments to the CAD data specifications set forth in a Supplemental Agreement “A” agreed to and signed by the Parties. The Supplemental Agreement “A” shall make reference to this Agreement and become a supplement to this Agreement. The costs of implementing all changes shall be determined as provided in Section 4.2(g) of this Agreement. 2.5 Geographical Information. (a) Fountain Hills shall provide Mesa with geographic information within Fountain Hills’s jurisdiction, as specified under Data Elements in the Geographical Information Specifications, which shall be set forth in a Supplemental Agreement “B” agreed to and signed by the Parties. The Supplemental Agreement “B” shall make reference to this Agreement and become a supplement to this Agreement. Fountain Hills shall provide all geographic information identified as required. Fountain Hills may provide any optional layers of geographic data as defined in the Supplemental Agreement B, with Mesa’s prior approval. (b) Fountain Hills shall periodically, to be determined by mutual agreement, provide Mesa with its current geographical information that conforms to the CAD data specifications. Mesa shall load such current geographical information onto Mesa’s CAD system. Mesa disclaims all liability and Fountain Hills holds Mesa harmless from any errors in the geographical information provided by Fountain Hills. Fountain Hills shall be responsible for adhering to Mesa procedures for submission and correction of geographical information. (c) Mesa shall notify Fountain Hills with CAD geographical information data updates for the mobile mapping system, (installed on Fountain Hills Mobile Computer Terminals) on a periodic basis to be mutually agreed upon between Fountain Hills and Mesa. 2.6 Emergency 911 Databases. (a) Fountain Hills shall be responsible for the maintenance of all applicable Emergency 911 (“E911”) databases supplied by Fountain Hills to Mesa (e.g., Master Street Address Guide (“MSAG”), and Automatic Number Identifications and Automatic Location Identification (“ANI/ALI”) databases). {00495648.1} 4 (b) Fountain Hills shall ensure that Public Safety Answering Point(s) (“PSAPs”) continue to provide the ability for a one button transfer of E911 phone calls, including ANI/ALI. (c) Fountain Hills shall ensure that their current law enforcement provider of Maricopa County Sheriff’s Office (MCSO) shall provide all necessary ringdown lines between Mesa’s dispatch center and Fountain Hills’s PSAP(s). 2.7 Use of Dispatch Systems. (a) Fountain Hills shall follow radio operation guidelines and procedures as defined in Mesa’s Fire Department standard operating guidelines, as well as Mesa’s Mesa Regional Dispatch Communications procedure manual, unless other guidelines and procedures are mutually agreed upon. (b) Fountain Hills shall take the steps necessary to become a Member of the TOPAZ Regional Wireless Cooperative in accordance with the provisions TRWC Governance before Fountain Hills uses the TRWC two-way Land Mobile Radio systems for operational purposes. (c) Mesa will allow Fountain Hills access to Mesa’s Automatic Vehicle Location (“AVL”) feature in the Mobile CAD Terminals (MCT). (d) Mesa will allow Fountain Hills access to Mesa’s Mobile Dispatch System. (e) Mesa will allow Fountain Hills access to Mesa’s Fire Station Alerting System. 2.8 Requests to Expand Dispatch Services. Requests to expand or enhance the CAD system functionality, voice, AVL or mobile data communication, or to provide interconnection to future Fountain Hills fire stations or administrative sites, shall be submitted to Mesa in writing. Mesa shall determine the feasibility of the request and provide Fountain Hills with a recommendation for the expansion or enhancement. If the request is deemed acceptable, Mesa will provide an estimate of costs to provide such expansion or enhancement. Equipment, installation, and engineering costs for such expansion or enhancement shall be paid by Fountain Hills. Article 3. Fountain Hills Equipment 3.1 Equipment to be Purchased. Mesa will provide the items necessary to effectively participate in Mesa’s Fire Dispatch Services systems, including the communication and record keeping aspects of such systems. Any additional minimum equipment requirements for such participation will be set forth in a Supplemental Agreement “C” agreed to and signed by the Parties. The Supplemental Agreement “C” shall make reference to this Agreement and become a supplement to this Agreement. 3.2 Mobile Dispatch Equipment, Maintenance Services. Mesa will maintain the MCT software used by Fountain Hills in the Fire Dispatch Service systems. Conditions and the rate for {00495648.1} 5 providing such services shall be those as set forth in section 4.3. Fountain Hills will maintain the MCT hardware. Article 4. Costs and Fees 4.1 Dispatch Services. Fountain Hills agrees to pay Mesa a set fee for each dispatched call. This fee shall be established by the Mesa Regional Dispatch or other applicable departments and is subject to revision on an annual basis in accordance with procedures that will be set forth in a Supplemental Agreement “D” agreed to and signed by the Parties. The Supplemental Exhibit “D” shall make reference to this Agreement and become a supplement to this Agreement. 4.2 Fountain Hills Participation Costs. (a) Fountain Hills shall be responsible for any costs associated with the preparation of its sites and vehicles, and for the installation of required dispatch services hardware. (b) Fountain Hills shall acquire their MCTs and provide to Mesa for software install. Mesa shall install the Mobile CAD and related software onto Fountain Hills’s MCTs. Fountain Hills agrees to pay Mesa for the costs of such installation on the MCTs. (c) Fountain Hills shall be responsible for the cost of installing the MCTs into their apparatus/vehicles. (d) Fountain Hills shall pay all costs for any necessary communication facilities between Mesa and each interconnected Fountain Hills site (fire station, administrative offices, transmitting or receiving locations) and any connecting devices required solely for Fountain Hills participation. The Parties acknowledge that any costs for services provided by a utility shall be billed to Fountain Hills by the utility providing such service and that Fountain Hills shall pay such costs directly to such utility. (e) Fountain Hills shall reimburse Mesa for all costs incurred solely to supply Fountain Hills with access to the Mesa Fire Dispatch Services System. (f) Fountain Hills shall reimburse Mesa, or Mesa’s designated contractor, for all expenses required to correct any dispatch service problems that are directly attributed to the use of Fountain Hills’s geographic information, which cannot be remedied by correcting and reloading Fountain Hills’s geographic information. (g) Fountain Hills shall be responsible for all replacement costs for equipment Fountain Hills purchased to participate in Mesa’s CAD system. (h) All analysis, design, engineering, software installations, and programming requested by Fountain Hills and agreed to by Mesa shall be performed at the hourly rate established by the Mesa Communications’ or other applicable department plus mileage at IRS Standard mileage rates or at the quoted vendor rate, if the work is {00495648.1} 6 not performed by Mesa personnel. If only Fountain Hills requests such services, Fountain Hills shall pay the total cost of the services. If other governmental units participating in the Mesa dispatch services request such services, the total cost shall be prorated among all the governmental units requesting the services, based on the number of dispatched calls that each governmental unit made in the previous calendar year. (i) Fountain Hills shall be responsible for costs for use of the TOPAZ Regional Wireless Cooperative (TRWC) two-way Land Mobile Radio systems in accordance with the separate TRWC Intergovernmental Agreement between Fountain Hills and the TRWC and the TRWC Governance. 4.3 Maintenance Services for Other Equipment, Costs. (a) Maintenance services for software installation and troubleshooting, record terminals, mapping terminals, network devices, or network connectivity used in conjunction with this Agreement may, at Mesa’s sole and absolute discretion, be performed by Mesa, when requested by Fountain Hills. Costs for this service will be billed to Fountain Hills at the hourly labor rate established by Mesa in Supplemental Agreement “D”, plus mileage at IRS Standard mileage rates or at the quoted vendor rate, if the work is not performed by Mesa personnel. 4.4 Update of Maintenance Service Fees. Mesa reserves the right to review the cost and fee structure, set out in Sections 4.1 through 4.3 of this Agreement on an annual basis and increase or decrease such fees based on the actual costs incurred by Mesa in performing such services. Any increase or decrease in fees shall become effective ninety (90) calendar days after notification of the increase or decrease is given to Fountain Hills. Mesa shall notify Fountain Hills of any increase or decrease in fees by no later than April 1 of the calendar year to allow Fountain Hills to include such increase or decrease in Fountain Hills’s next annual budget. Article 5. Miscellaneous 5.1 Funding. Each Party to this Agreement shall have the separate and independent responsibility of budgeting for and funding its obligations under this Agreement. 5.2 Responsibility and Indemnification. (a) To the fullest extent permitted by law, each Party (as "indemnitor") shall defend, indemnify and hold harmless the other Party (as "indemnitee), its elected and appointed officials, officers, employees, agents, volunteers, successors, and assigns ("Indemnified Group") for claims, damages, losses, liabilities and expenses of any nature whatsoever (including but not limited to reasonable attorneys' fees, court costs, the costs of appellate proceedings, and all claim adjusting and handling expense) relating to, arising out of, resulting from or alleged to have resulted from the indemnitor's acts, errors, mistakes or omissions relating to any action or inaction of this Agreement (collectively, "Claims") including but not {00495648.1} 7 limited to work, services, acts, errors, mistakes, or omissions in the performance of this Agreement by anyone directly or indirectly employed by or contracting with the indemnitor, or any person for whose acts and liabilities are the obligation of the indemnitor. If any claim, action or proceeding is brought against the Indemnified Group, indemnitor shall have a duty, at its sole cost and expense, to resist or defend such claim or action on behalf of the Indemnified Group but only to the extent that such claims result in vicarious/derivative liability to the indemnitee and are caused by the act, omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers, provided, however, that the indemnitor shall have no obligation to indemnify the Indemnified Group for the Indemnified Group's passive negligence. The indemnity provisions of this Agreement shall survive the termination of this Agreement. (b) Without limiting the generality of Section 5.2(a), Fountain Hills shall defend, hold harmless and indemnify Mesa and its elected and appointed officials, officers, agents and employees from and against all claims, damages, losses and expenses (including reasonable attorneys’ fees) that arise from any of the following: (i) Fountain Hills’s negligent use of hardware or software; (ii) Fountain Hills’s negligent and unauthorized alterations of CAD system hardware, software or configuration settings; (iii) Fountain Hills submission of erroneous data; (iv) Failure of Fountain Hills to submit appropriate data; or (v) Failure of Fountain Hills to properly provide and maintain the hardware and software required to support the Mesa dispatch function. (c) Without waiving any rights, claims, or defenses that Fountain Hills may have against any non-party to this Agreement, Fountain Hills agrees to hold Mesa harmless in regard to the accuracy and completeness of the geographical information provided to Mesa by Fountain Hills. Nothing set forth in this Section 5.2(c), relieves the Parties of the obligations set forth in Sections 5.2(a) and (b) above. 5.3 Notices. All notices or demands upon either Party to this Agreement shall be in writing and shall be delivered in person or sent by regular mail as follows: MESA: City Manager City of Mesa Box 1466 Mesa, Arizona 85211-1466 {00495648.1} 8 FOUNTAIN HILLS: Rachael Goodwin, Interim Town Manager 16705 E. Avenue of the Fountains Fountain Hills, Az. 85268 FOUNTAIN HILLS: Aaron D. Arnson, Town Attorney 16705 E. Avenue of the Fountains Fountain Hills, Az. 85268 5.4 Governing Law. This Agreement shall be governed by the laws of the State of Arizona. The forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement shall be Maricopa County, Arizona. 5.5 Divisibility of Contract. If any term, covenant, condition or provision of this Agreement is held to be invalid, void or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 5.6 Non-Waiver of Rights. No term or provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. The Parties agree that no waiver of any default or breach of any of the terms or conditions of this Agreement shall be construed to be a waiver of any succeeding breach or default. 5.7 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and shall not be changed or added to except in writing signed by both Parties. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, pertaining to the subject matter hereof are hereby superseded and merged herein. 5.8 No Joint Venture, No Agency. (a) Nothing contained in this Agreement shall create any partnership, joint venture or other arrangement between the Parties. (b) Each Party shall at all times be an independent operator and shall not at any time purport to act as an agent of the other Party, or any of its officers or agents. 5.9 No Third Party Beneficiary. No term or provision of this Agreement is intended to nor shall be for the benefit of any person not a Party to this Agreement, and no such other person shall have any right or cause of action hereunder. 5.10 No Assignment. This Agreement shall not be assigned, in whole or in part, without the prior written consent of the other Party, made in that Party’s sole discretion. Any assignment made without such consent shall be void. 5.11 Non-Discrimination. The Parties agree to comply with all applicable state and federal laws, rules, regulations, and executive orders governing equal employment {00495648.1} 9 opportunity, immigration, non-discrimination, including the Americans with Disabilities Act, and affirmative action. 5.12 MESA DISCLAIMER OF WARRANTIES. FOUNTAIN HILLS ACKNOWLEDGES AND AGREES THAT MESA DOES NOT REPRESENT OR WARRANT THAT MESA’S FIRE DISPATCH SERVICES SYSTEMS OR EQUIPMENT MAY NOT BE COMPROMISED OR CIRCUMVENTED; OR THAT MESA’S FIRE DISPATCH SERVICES SYSTEMS WILL OPERATE ERROR FREE, FREE OF ANY SECURITY DEFECTS OR IN UNINTERRRUPTED MATTER; OR THAT MESA’S FIRE DISPATCH SERVICES SYSTEMS OR SERVICE PROVIDED WILL PREVENT ANY LOSS BY FIRE, HOLDUP, OR OTHERWISE; OR THAT MESA’S FIRE DISPATCH SERVICES SYSTEMS OR EQUIPMENT OR SERVICES PROVIDED WILL IN ALL CASES PROVIDE THE COMMUNICATIONS FOR WHICH THEY ARE INTENDED. FOUNTAIN HILLS DISCLAIMS ALL WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, APPLICABLE OR RELATING TO THE EQUIPMENT, SUPPLIES, MAINTENANCE OF THE EQUIPMENT, OR OTHER ITEMS PROVIDED UNDER THE AGREEMENT BY MESA, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL EQUIPMENT AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE ON AN “AS-IS” BASIS WITH ALL FAULTS. FOUNTAIN HILLS FURTHER ACKNOWLEDGES AND AGREES THAT ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE AGREEMENT HEREOF. 5.13 Conflicts of Interest. All Parties hereto acknowledge that this Agreement is subject to cancellation by either Party, without penalty, pursuant to the provisions of A.R.S. § 38-511. 5.14 Miscellaneous. (a) Notice is provided of §§ 12-1518 and 12-133, Arizona Revised Statutes. (b) An executed copy of this Agreement shall be filed with the Office of the Secretary of State, Mesa City Clerk, and the Clerk of Fountain Hills. (c) Attached to this Agreement are copies of appropriate action by ordinance, resolution or otherwise authorizing the respective Parties to enter into this Agreement. Furthermore, any individual executing this Agreement on behalf of or as representative for the Parties to this Agreement, represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of said Party. {00495648.1} 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers and agents on the day and year first written above. CITY OF MESA By ___________________________ City Manager ATTEST: _________________________ City Clerk APPROVED AS TO FORM _________________________ City Attorney TOWN OF FOUNTAIN HILLS By _______________________________ Rachel Goodwin, Interim Town Manager ATTEST: _______________________________ Linda Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney {00495648.1} 11 SUPPLEMENTAL AGREEMENT “A” CAD SPECIFICATIONS 1. Record Number format 2. Other Name/Title  Signature  Approval Date                    {00495648.1} 12 IN WITNESS WHEREOF, the Parties have caused this Supplemental Agreement “A”, which shall be incorporated by reference into the Intergovernmental Agreement relating to Fire Dispatch Services executed by the Parties and effective on the ____ day of __________, 2023, to be executed by their duly authorized officers and agents on the day and year first written above. CITY OF MESA By ___________________________ City Manager ATTEST: _________________________ City Clerk APPROVED AS TO FORM _________________________ City Attorney TOWN OF FOUNTAIN HILLS By _______________________________ Rachael Goodwin, Interim Town Manager ATTEST: _______________________________ Linda Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Arron D. Arnson, Town Attorney {00495648.1} 13 SUPPLEMENTAL AGREEMENT “B” GIS SPECIFICATIONS 1. Required data 2. Format 3. Submission Deadlines 4. Other Name/Title  Signature  Approval Date                    {00495648.1} 14 IN WITNESS WHEREOF, the Parties have caused this Supplemental Agreement “B”, which shall be incorporated by reference into the Intergovernmental Agreement relating to Fire Dispatch Services executed by the Parties and effective on the ____ day of __________, 2023, to be executed by their duly authorized officers and agents on the day and year first written above. CITY OF MESA By ___________________________ City Manager ATTEST: _________________________ City Clerk APPROVED AS TO FORM _________________________ City Attorney TOWN OF FOUNTAIN HILLS By _______________________________ Rachael Goodwin, Interim Town Manager ATTEST: _______________________________ Linda Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney {00495648.1} 15 SUPPLEMENTAL AGREEMENT “C” MINIMUM EQUIPMENT REQUIREMENTS 1. MCT spec 2. Fire Station Alerting 3. Other Name/Title  Signature  Approval Date                    {00495648.1} 16 IN WITNESS WHEREOF, the Parties have caused this Supplemental Agreement “C”, which shall be incorporated by reference into the Intergovernmental Agreement relating to Fire Dispatch Services executed by the Parties and effective on the ____ day of __________, 2023, to be executed by their duly authorized officers and agents on the day and year first written above. CITY OF MESA By ___________________________ City Manager ATTEST: _________________________ City Clerk APPROVED AS TO FORM _________________________ City Attorney TOWN OF FOUNTAIN HILLS By _______________________________ Rachael Goodwin, Interim Town Manager ATTEST: _______________________________ Linda Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney {00495648.1} 17 SUPPLEMENTAL AGREEMENT “D” COST SCHEDULE 1. Dispatch Services – A Dispatch Fee of $31.91 and a CAD Modernization Fee of $5.00 (as of 4/25/2023) shall be charged per call for service. a. A fee will be generated for every call for service that is located within the FOUNTAIN HILLS jurisdictional boundary. b. This cost is subject to annual review and adjustment. • An MCT Fee of $3657.92 shall be charged per unit (Billed quarterly - # of MCT units x yearly fee of $3,657.92 divided by 4 = total cost to be billed that calendar quarter.) 2. Mesa Hourly Rate - $TBD/hour (applies to Mesa services in sections 4.2 and 4.3) a. This cost is subject to annual review and adjustment. Name/Title  Signature  Approval Date                    {00495648.1} 18 IN WITNESS WHEREOF, the Parties have caused this Supplemental Agreement “D”, which shall be incorporated by reference into the Intergovernmental Agreement relating to Fire Dispatch Services executed by the Parties and effective on the ____ day of __________, 2023, to be executed by their duly authorized officers and agents on the day and year first written above. CITY OF MESA By ___________________________ City Manager ATTEST: _________________________ City Clerk APPROVED AS TO FORM _________________________ City Attorney TOWN OF FOUNTAIN HILLS By _______________________________ Rachael Goodwin, Interim Town Manager ATTEST: _______________________________ Linda Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 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 Fourth Amendment to Cooperative Purchasing Agreement 2022-062 with Mesa Energy Systems for Heating, Ventilation and Air Conditioning related Services (HVAC) Staff Summary (Background) After discovering that the previous Heating, Ventilation and Air Conditioning vendor was underperforming and several typical maintenance items had been overlooked, town staff requested the Council to consider entering into a new agreement with Mesa Energy Systems. This agreement was on a trial basis to ensure Mesa Energy Systems was familiar with the equipment, proactive and a good fit for the Town. As part of this trial approach, Staff requested a lower than usual dollar amount. The Council agreed and entered into a Professional Services Agreement on March 31, 2022. As the maintenance and relationship progressed, Staff requested additional amendments to cover additional maintenance. The underlying Agreement utilized by the Town is administered by the State of Arizona, who solicited bids for Heating, Ventilation and Air Conditioning related Services (HVAC) (RFP No. BPMO 02434). Based on this competitive process, the State of Arizona awarded the contract to Mesa Energy Systems. Mesa Energy Systems agreed to continue to extend the State of Arizona contract pricing to the Town of Fountain Hills. The utilization of cooperative purchasing agreement contracts has allowed the Town to take advantage of competitive pricing from procurement processes of other municipalities. This Amendment with Mesa Energy Systems in the amount of $85,000 annually will provide professional Heating, Ventilation and Air Conditioning related Services (HVAC) for the term of the underlying agreement. The amount is consistent with the historical data for maintenance and repairs in prior years, and contains additional funding to cover emergencies, should any arise. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis Having a contract in place will help prevent delays for needed maintenance and repairs to the HVAC when required. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of amendment #4 to Cooperative Purchasing Agreement 2022-062 as presented. SUGGESTED MOTION MOVE to approve Amendment #4 to Cooperative Purchasing Agreement 2022-062 with Mesa Energy Systems for HVAC Maintenance and Repair in the amount in the amount of $85,000 annually Fiscal Impact Fiscal Impact:$85,000 Budget Reference:Public Works (FACOP) Funding Source:General Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Maintenance scope & fee  BMS Preventive Maintenance scope & fee  Professional Services Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/05/2023 10:09 AM Finance Director David Pock 09/05/2023 10:24 AM Town Attorney Aaron D. Arnson 09/05/2023 11:02 AM Interim Town Manager Rachael Goodwin 09/12/2023 09:57 AM Form Started By: Justin Weldy Started On: 09/05/2023 09:07 AM Final Approval Date: 09/12/2023  4125 E. MADISON STREET. PHOENIX. ARIZONA. 85034 LICENSE #611215 (B, C-4, C-10, C-20, C36, C38) Maintenance Agreement Town of Fountain Hills State Contract #CTR049764 Prepared for: Steve Bartlett Service Address: 16705 E. Ave of the Fountains, Fountain Hills, AZ 85268 Date 02/11/2021 Agreement Valid for 30 Days SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 2 - 9/5/2023 Preventive Maintenance: During scheduled maintenance visits, EMCOR Services will provide pro-active hands-on maintenance services designed to improve equipment operations, increase energy efficiency, minimize breakdowns and prolong equipment life. Preventative maintenance will only be performed on listed equipment. (See equipment list) Priority Service: FOUNTAIN HILLS TOWN COMMUNITY CENTER will receive priority service over all non-EMCOR maintenance customers. Any service request generated by your company will be placed in high priority status based on type of call and day/time of request. List of Covered Preventive Maintenance Tasks (X) Included Type of Service Frequency X Preventive Maintenance (Filters and Belts Provided by Others) 1 Annual & 3 Operational X Cooling Towers 4 Operational Inspections X Condenser Cleaning Service Annually X Preferred Customer Discount Year Round X Priority Service Year Round List of Covered Equipment Make Model Size Greenheck GB-160-3 1/3 HP Greenheck GB-100-4 1/4 HP Greenheck GB-120-4 1/4 HP Greenheck CUBE-180- 15 1 1/2 HP Greenheck GB-90-4 1/4 HP Cook 210R 3/4 HP Greenheck G-80-E 1 1/4 HP Greenheck TSU Series 1 HP Mitsubishi M Series 2 Ton Daikin - 2 Ton Daikin - 2 Ton Daikin - 2 Ton Daikin - 2 Ton Daikin - 2 Ton SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 3 - 9/5/2023 Daikin - 2 Ton Daikin - 2 Ton Trane T- Series 1400 CFM Trane T- Series 2400 CFM Trane T- Series 3210 CFM Trane T- Series 4200 CFM Trane T- Series 8000 CFM Trane T- Series 3700 CFM Trane T- Series 3700 CFM Trane T- Series 5000 CFM Trane T- Series 2800 CFM Trane T- Series 1400 CFM Trane T- Series 3210 CFM Trane T- Series 4200 CFM McQuay 0AH045 22,000 CFM McQuay 0AH045 22,000 CFM Dristeem VF 20 6 Lbs per hour Make Model Size Carrier 30HXC 136 Ton Carrier 30HXC 136 Ton Carrier 30HXC 136 Ton McQuay SA Series 7.5 Ton McQuay SA Series 7.5 Ton McQuay SA Series 3 Ton McQuay SA Series 1.5 Ton McQuay SA Series 1.5 Ton Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 4 - 9/5/2023 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Trane BCHB Series 800 – 1500 CFM Variable Air Volume Total of (40) NA Schedule I - List of Covered Equipment & Tasks Tasks Split Systems & Mini Splits • Visually inspect condition of equipment. • General operating noise level. • Ambient air temperatures. • Clean re-usable air filters (ductless mini splits). • Check belt tension and adjust as necessary. • Check piping connections. • Check wire connections. • Check refrigerant charge. • Check compressor amperage/voltage. • Check compressor operating pressures (suction, liquid). • Check motor(s) amperage/voltage. • Clean condenser coils. • Check and clean condensate pan. • Provide condenser fan lubrication. • Check supply/return air temperatures. SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 5 - 9/5/2023 • Operating controls checked, including thermostats. • Advise plant manager of findings. Exhaust Fan’s • Visually inspect condition of equipment. • Check motor for proper amperage/voltage. • Tighten electrical connections as needed. • Check belt tension and adjust as necessary. • Advise plant manager of findings. Chilled Water A/H’s , F/C/U’s and A/H/U’s • Visually inspect condition of equipment. • General operating noise level. • Ambient air temperatures. • Check belt tension and adjust as necessary. • Check piping connections. • Check wire connections. • Check motor(s) amperage/voltage. • Check and clean condensate pan annually. • Check supply/return air temperatures. • Operating controls checked, including thermostats. • Check actuated valves to ensure proper operation. • Advise plant manager of findings. Operational Chiller Inspections • Check operator log sheets. • Check compressor oil level. • Check refrigerant level. • Visually inspect for apparent oil / refrigerant leaks. • Check compressor oil temperature. • Check condenser / evaporator pressure. • Check liquid temperature. • Check suction / discharge temperature. • Check voltage, amperage, kw, hour meters. • Visually inspect starter and control panel. • Check all operating and safety controls. • Check oil pump operation. • Provide Plant Manager with a written report, discuss findings and make recommendations. Annual Chiller Service • Take oil sample and provide spectrochemical analysis. • Remove condenser heads; visually inspect tube sheets / condenser tubes. • Brush condenser tubes. • Log and report evidence of scale / mud prior to re-installing condenser heads. • Provide and install new condenser end bell gaskets. • Check operation of mechanical starter, check starter control circuit, inspect contacts, check connections, and tighten as required. • Check control panel, inspect wiring, relays, controls, and modules. Check connections and SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 6 - 9/5/2023 tighten as required. • Megohm compressor motor and oil pump motor. Log readings and include in final report. • Visually inspect for signs of oil / refrigerant leaks. • Check pressure drops across oil filter and replace if necessary. • Start and log operating conditions of chillers. • Perform complete electronic leak search. • Provide Plant Manager with a separate itemized written report for each chiller, which includes the following: o Work completed o Log readings o Condition of equipment o Problems found Humidifier • General appearance of equipment • General operating noise level • Ambient air temperatures • Humidity levels checked • Check Fill operation • Check drain valve operation • Disassemble evaporative chamber and remove excess scale • Check water make-up station (both Pressure Relief and Reducing devises) • Piping connections • Wire connections • Component voltage • Component amperage • Check and test safeties • Operating controls checked • Additionall required repairs will be noted Oil Analysis • To be performed by a testing lab specializing in oil analysis for the type of equipment involved. • Analysis to be qualitative and quantitative. • A complete spectrochemical analysis will be performed. • Provide interpretation and identification of problem areas and recommendations for correction. • Provide complete statistical analysis reports of equipment performance. • Oil samples will be taken during the Chiller Annual Inspection System Pumps • Visually inspect for obvious vibration and/or leaks. • Check and tighten electrical connections as needed. • Grease bearings per manufacturers’ recommendations. • Inspect and tighten starter contacts as needed. • Inspect disconnects. • Visually Inspect couplings for ware. • Advise plant manager of findings. Associated Cooling Towers SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 7 - 9/5/2023 • Visually inspect condition of equipment. • Inspect belts and adjust as required. • Inspect water make-up for proper operation. • Visually inspect cooling towers for rust/leaks. • Grease bearings per manufacturers’ recommendations. • Advise plant manager of findings. Variable Air Volume Boxes (VAV’s) One Inspection per Year • Visually inspect condition of equipment. • General operating noise level. • Check wire connections. • Check amperage/voltage for Electric Heat. • Check supply/return air temperatures. • Check Operating Controls (including thermostats and/or Zone Sensors). • Check Actuator Linkage. • Check Actuator Stroke and adjust as necessary. • Check condition of Damper. • Check Fans and Lubricate as required (where applicable). • Advise plant manager of findings. • Included are a total of (40) VAV Boxes: (First Floor: 18 and Second Floor: 22) SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 8 - 9/5/2023 Pricing & Invoicing Price for Above Included Services: Contract Length Annual Cost$ Payment Amount$ Payment Term 1 Year $30,900.00 $7,725.00 Quarterly This agreement shall commence upon customer approval with start date below.  Month/Year: / 2022 Customer Initials EMCOR / Mesa Initials and continue for a period of one (1) year. This agreement will automatically renew and may increase (subject to review) on anniversary date, unless either party gives at least thirty (30) days written notice to terminate agreement. The above pricing is valid for 30 days from date of proposal. Thank you for the opportunity to work with FOUNTAIN HILLS TOWN COMMUNITY CENTER. Sincerely, Jon Ogren Account Representative EMCOR Services Arizona IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year last below written. Customer: Contractor: Town Of Fountain Hills Mesa Energy Systems Inc. (dba EMCOR Services Arizona) Sign: Sign: Name: Name: Title: Title: Date: Date: SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 9 - 9/5/2023 Service Agreement Terms & Conditions This agreement (the "Agreement") is made between Town of Fountain Hills (the "Customer") and Mesa Energy Systems Inc. (dba EMCOR Services Arizona) the (Contractor"). 1. Contractor will provide mechanical maintenance of the equipment located at 16705 E. Ave of the Fountains set forth on the "List of Covered Equipment" provided in this contract. The services to be performed shall be limited to the scope of work provided in this contract. Additional work, outside the scope of this contract, will be quoted separately. 1.1. All Services provided under this agreement will be performed during normal working hours (Monday-Friday 7AM to 4PM) If afterhours work is required, overtime rates will apply. 2. Customer agrees to pay to Contractor the amount(s) set forth in this contract. Such amount(s) shall be invoiced by Contractor to Customer at a frequency set forth in the contract. 2.1. In addition to the amount(s) set forth in this contract, Customer shall pay to Contractor all excise, sales, use, occupation or other similar taxes imposed on Contractor by any governmental authority or in any way connected with Contractor's performance of its obligations hereunder. 2.2. Payment of all invoices is due net 30 days from date of invoice. Any fees, payments, reimbursements or credits owing to either party pursuant to this Agreement not paid when due shall accrue simple interest at the rate of one and one-half percent (1½ %) per month, but in no event to exceed the highest lawful rate of interest, calculated from the date such amount was due until the date payment is received by the party to whom debts are owed. 2.3. The below price is the cash price and has been discounted by 3%. Should customer choose to pay via credit card, customer shall forego the cash discount and the price for the above work shall increase 3%. 3. Customer agrees: 3.1. To provide free access to all areas of the facility for the equipment identified in and/or relating to the List of Covered Equipment and to provide suitable means as may be necessary to reach such equipment situated with limited or restricted access; 3.2. To allow Contractor to start and stop the equipment as necessary to perform the services; 3.3. To supply suitable electrical service. 4. Neither party to this Agreement shall assign any of its rights or obligations hereunder without the prior written approval of the other party. 5. This Agreement shall be governed by the laws of the state of where the Services are performed without regard to its conflicts or choice of law principals. Any legal action relating to this Agreement, or the breach thereof, with the exception of any legal action for collection of amounts due, shall be commenced with one (1) year from the date of the work. 6. Neither Customer nor Contractor shall be liable to the other or anyone else for any liability, claim, loss, damage or expense of any kind, or for any direct, consequential, special or incidental damages including, without limitation, lost profit relative to or arising from or caused directly by the equipment or the Services, or the use thereof or any deficiency, defect or inadequacy thereof. It is expressly agreed that Customer’s exclusive remedy for any cause of action relating to this Agreement shall be for damages and Contractor’s liability for any and all losses or damages resulting from any cause whatsoever, including negligence, shall in no event exceed the price of the service agreement for the equipment in respect to which the claim is made or, at the election of Contractor, the restoration or replacement or repair of such equipment. 7. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, terrorism, acts of war, action of the elements, forces of nature, or by any cause, without limitation, beyond its control. 8. Customer hereby acknowledges that Contractor is not an environmental consultant or specialist in dealing with hazardous materials; therefore, Customer acknowledges and agrees that notwithstanding anything to the contrary contained herein or in any attachment hereto, the Services shall not include, by way of example but not limitation, the identification, detection, abatement, encapsulation, containment, removal or disposal of any hazardous materials, including, without limitation, asbestos. In addition, Contractor shall not be deemed an “operator” of any facility for purposes of current or pending federal, state or local laws, rules or regulations pertaining to hazardous materials, and Customer shall indemnify and hold Contractor harmless from any claims made with respect thereto. Customer shall also disclose to Contractor whether to its knowledge asbestos or other hazardous materials are present in any area of a facility. If to the knowledge of Customer, hazardous materials are present in a facility, Contractor shall be advised in writing so that Contractor's employees can be informed and be adequately protected from health risks associated with hazardous materials; such information, if so known, shall include the location therein of the hazardous materials and the type thereof. Contractor shall not be required to perform any Services in any location of a facility where hazardous materials are present. Contractor’s nonperformance of any Services due to unsafe working conditions shall not give rise to a breach hereunder. Customer shall defend, indemnify, and hold harmless Contractor from any claims, damages, losses or expenses, including, but not limited to, reasonable attorney Fees, arising out of or resulting from this article. 9. Contractor's warranty applies only to equipment, parts and/or labor furnished and installed by Contractor. No other warranties or guarantees expressed or implied are made by Contractor. No representations of any kind have been made by Contractor to Customer except as set forth herein. SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 10 - 9/5/2023 Parts and Equipment: Contractor warrants repair or replacement parts and equipment furnished by it to be free from defect for a period of one (1) year from the date of delivery unless the manufacturer's warranty is for a shorter period in which case the shorter period will apply. Contractor warrants parts and equipment not manufactured by it only to the extent that Contractor is able to enforce liability against the manufacturer. Labor: Contractor's warranty includes the cost of Contractor's labor for correcting defects in material and workmanship originally supplied by it under this Agreement for a period of sixty (60) days after installation, provided that the material was furnished and installed by Contractor. Contractor's labor for warranty purposes shall be provided during Normal Working Hours. Any labor provided outside of Normal Working Hours shall be paid for by Customer at Contractor's applicable rates. Contractor's liability for defects in material and workmanship, if any, shall be limited to the cost of the repair and/or replacement materials, at Contractor's option. 10. This Agreement contains the entire understanding between the parties. 11. The term of this Agreement shall be for a period of one (1) unless sooner terminated as provided herein. Subject to mutual agreement between Customer and Contractor on pricing for any renewal term, this Agreement shall be automatically renewed for a term of one (1) year on the expiration of the term identified above and thereafter on each one (1) year anniversary date thereof unless cancelled by Customer or Contractor by written notice at least thirty (30) days' prior to the anniversary date. 11.1. Either Customer or Contractor may terminate this Agreement for convenience with at least 30 days' prior written notice to the other party. 11.2. In the event that any modifications, replacements or repairs whatsoever are performed on the equipment listed in Schedule I by any party other than Contractor, Contractor reserves the right at its sole option to terminate or renegotiate the terms of Services applicable to such equipment. 11.3. In the event of any termination of this Agreement prior to its expiration Contractor shall be paid for its Services through the effective date of termination. 12. Customer agrees: 12.1. That Contractor shall be promptly notified in the event of any change in normal use or operation of the equipment, or any malfunction in the system(s) that comes to the customer’s attention, and; 12.2. That in the event of any emergency or system failure, to take reasonable safety precautions to protect life and property including, but not limited to, fire watch and/or suppression, in the event of any emergency or system failure during the period of time from when Contractor is first notified of the emergency or failure until such time that Contractor notifies Customer that the emergency has cleared, or the system is operational. 13. Additional Charges: 13.1. Contractor shall conduct an initial inspection of the equipment listed in Schedule I. In the event that initial repairs or replacements are required in order for any such equipment to be covered by the Services and included in Schedule I, Contractor reserves the right at its sole option to terminate or renegotiate the terms of Services applicable to such equipment. 13.2. In the event repairs, replacements, or emergency services outside of the scope of Services of this Agreement are required, Customer shall pay Contractor for such services at Contractor’s normal (standard) billing rates, including overtime rates as may be applicable. 14. This proposal, including but not limited to pricing and schedule, is made contingent upon the work addressed herein not being adversely affected, either directly or indirectly, by the COVID-19 pandemic and/or the Corona virus. This proposal is further conditioned upon the parties agreeing, prior to beginning of any work and in writing as part of any contract/subcontract, that any (i) schedule issues (including, but not limited to, delay, acceleration, compression, interference, hindrance), (ii) overtime hours or added resources to perform work, (iii) shortages (whether as to labor, subcontracted services, materials, or supplies), (iv) change orders, extra work, or extra costs, or (v) inefficiency and impacts relating to the foregoing, that arise as a result of the COVID-19 pandemic or Corona virus will entitle contractor to a change order equitably addressing impacts to its time for performance and costs. 4125 E. MADISON STREET. PHOENIX. ARIZONA. 85034 LICENSE #611215 (B, C-4, C-10, C-20, C36, C38) Preferred Partnership Agreement Town of Fountain Hills State Contract #CTR049764 Prepared for: Steve Bartlett Service Address: 16705 E. Ave of the Fountains, Fountain Hills, AZ 85268 Date 05/01/2022 Agreement Valid for 30 Days SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 2 - 9/5/2023 During scheduled maintenance visits, EMCOR Services will provide pro-active hands-on maintenance services designed to improve equipment operations, increase energy efficiency, minimize breakdowns and prolong equipment life. Preventative maintenance will only be performed on listed equipment. (See equipment list) Priority Service: FOUNTAIN HILLS TOWN COMMUNITY CENTER will receive priority service over all non-EMCOR maintenance customers. Any service request generated by your company will be placed in high priority status based on type of call and day/time of request. List of Covered Preventive Maintenance Tasks (X) Included Type of Service Frequency X BMS Preventive Maintenance 4 Operational DDC Inspections BUILDING AUTOMATION CONTROLS (DDC) MAINTENANCE TASKS: 4 scheduled visits per year will be provided to accomplish the following: System Preventive Maintenance. We will perform preventive maintenance following a program of standard maintenance routines as determined by our experience, equipment application, location, and the manufacturer’s recommendations. Continuous Control Commissioning. To promote optimal energy efficiency and ensure the correct operation of all controlled HVAC equipment, Technician will, over regularly scheduled quarterly virtual visits, test HVAC equipment controlled by the Building Management System. A portion of all controlled HVAC equipment shall be tested each quarter until all equipment has been verified. This testing shall be performed by temporarily modifying set points, overriding outputs and verifying results. Verification of results shall be determined based on sensor readings and or field verification. Conducting tests in this way ensures that damper actuators, electric heating coils, fans, compressors, pumps, etc. are functioning and control algorithms are operating correctly. Any deficiencies found will be reported in writing to facilities personnel. Control Loop Assessment. As a portion of the Continuous Re-Commissioning Technician will assess and tune critical control loops to maintain system control to peak efficiency as building SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 3 - 9/5/2023 and mechanical system characteristics change. Control loop assessment and tuning will ensure that each process controlled by the Building Automation System will be operated at the originally designed parameters. Global Programming Verification. To promote optimal energy efficiency and ensure the correct operation of all controlled HVAC equipment, Technician will over regularly scheduled quarterly virtual visits, verify the functionality of the following primary global system functions as appropriate Morning Warm-Up. Technician will ensure the morning warm-up programming is operating at peak efficiency by verifying the functionality of the morning warm-up algorithm. Algorithm verification shall be provided by comparing system trend data against expected results. Morning Cool-Down. Technician will ensure the morning cool-down programming is operating at peak efficiency by verifying the functionality of the morning cool-down the algorithm. Algorithm verification shall be provided by comparing system trend data against expected results. Schedules. Technician will verify all equipment schedules are as desired by the facilities on-site personnel. This ensures all schedules are operating as expected and ensures the accuracy of desired schedules. System Overrides. Technician will check the entire control system for any overrides. Any overrides found shall be documented and discussed with on-site facilities representatives. This ensures peak efficiency by reducing or eliminating forgotten overrides. Seasonal Set Point Adjustments. Technician will verify all equipment setpoints are as desired by the facilities on-site personnel. Seasonal setpoint adjustments may be required to maintain comfort levels in any given facility. Seasonal setpoint adjustments shall be tracked and recorded. Once a pattern is established recommendations will be made in writing as to how to automate the process to best ensure optimal energy conservation while maintaining required comfort levels. Network Analysis and Diagnostics. During regularly scheduled quarterly virtual visits Technician will log into the primary operator workstation and/or global controller(s) to verify proper communication. Technician will review error logs and analyze communication. Online and offline tests will be run to determine power and communication restart correctly. A report will be generated and provided to Town of Fountain Hills summarizing results. As Needed Services. Technician will review trends, alarms error rate and transmission rates as needed. Additional network analysis tasks as needed to verify suspected communications SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 4 - 9/5/2023 problems. When conventional troubleshooting does not suffice communication “sniffing” will be performed. Network analysis will be performed as required for appropriate to evaluate the potential impact of various configuration options as a part of proposed system expansion or modification. A report will be generated and provided to Town of Fountain Hills summarizing results. Global Controller Hardware Maintenance. Verify proper DC power, appropriate transmit and receive activity for communications, and check Error Codes. Confirm time sync of all Global controller(s) with the workstation. Inspect wiring for discoloration, defective shielding, fraying, corrosion or shield grounding. Monitor LED sequencing for correct operation. Review device properties of Global Controller(s). Remove excessive dust from internal surfaces. Calibrate other points and control processes as needed. Update firmware files as appropriate. Maintain software documentation as required. Software Services Software Maintenance. We will install applicable software updates to maintain or improve present performance within the functional capabilities of your system. The provision of software updates and upgrades that are not created or provided by Technician is considered outside the scope of this agreement unless specifically called for in this agreement. Revisions to the Energy Management Control System that add new features and capabilities are excluded. All customer IT maintained servers are excluded from this agreement. Graphics Backup. We will back up the graphics database up to (1) time per year. In the event of hardware failure, we will reload the graphics database and system file from our current backup copy up to one time per year. Unless otherwise directed by the customer. Database Backup. We will back up the site database and system files up to (1) time per year. In the event of memory loss, we will reload the database from our current backup copy up to one time per year. Unless otherwise directed by the customer. Documentation Services Service-related documentation will be stored online and made available to both Technician and customer representatives. Smartsheets are used to provide access to important information from any device and any location that has an internet connection. Service-related documentation may include control system design drawings, mechanical drawings, contact information, this partnership program agreement and relevant product cut sheets if available. A link to the Smartsheet will be added to the customer’s existing Niagara head end during a regularly scheduled maintenance visit. Service technicians will update the Smartsheet with a list of maintenance tasks that are updated by the service tech on-site as they complete these tasks during maintenance visits and service calls. The Smartsheet is also updated depicting any SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 5 - 9/5/2023 deficiencies found that are not covered by the partnership program. Smartsheets automatically send email notifications to all interested parties when changes are made. Smartsheets may also be used to store documents including but not limited to Mechanical and controls drawings. Unlimited storage is included. This is a great way to ensure the safekeeping of important documentation off-site. SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 6 - 9/5/2023 Pricing & Invoicing Price for Above Included Services: Contract Length Annual Cost$ Payment Amount$ Payment Term 1 Year $8,000.00 $2,000.00 Quarterly This agreement shall commence upon customer approval with start date below.  Month/Year: / 2022 Customer Initials EMCOR / Mesa Initials and continue for a period of one (1) year. This agreement will automatically renew and may increase (subject to review) on anniversary date, unless either party gives at least thirty (30) days written notice to terminate agreement. The above pricing is valid for 30 days from date of proposal. Thank you for the opportunity to work with the TOWN OF FOUNTAIN HILLS. Sincerely, Jon Ogren Account Representative EMCOR Services Arizona IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year last below written. Customer: Contractor: Town Of Fountain Hills Mesa Energy Systems Inc. (dba EMCOR Services Arizona) Sign: Sign: Name: Name: Title: Title: Date: Date: SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 7 - 9/5/2023 Service Agreement Terms & Conditions This agreement (the "Agreement") is made between Town of Fountain Hills (the "Customer") and Mesa Energy Systems Inc. (dba EMCOR Services Arizona) the (Contractor"). 1. Contractor will provide mechanical maintenance of the equipment located at 16705 E. Ave of the Fountains set forth on the "List of Covered Equipment" provided in this contract. The services to be performed shall be limited to the scope of work provided in this contract. Additional work, outside the scope of this contract, will be quoted separately. 1.1. All Services provided under this agreement will be performed during normal working hours (Monday-Friday 7AM to 4PM) If afterhours work is required, overtime rates will apply. 2. Customer agrees to pay to Contractor the amount(s) set forth in this contract. Such amount(s) shall be invoiced by Contractor to Customer at a frequency set forth in the contract. 2.1. In addition to the amount(s) set forth in this contract, Customer shall pay to Contractor all excise, sales, use, occupation or other similar taxes imposed on Contractor by any governmental authority or in any way connected with Contractor's performance of its obligations hereunder. 2.2. Payment of all invoices is due net 30 days from date of invoice. Any fees, payments, reimbursements or credits owing to either party pursuant to this Agreement not paid when due shall accrue simple interest at the rate of one and one-half percent (1½ %) per month, but in no event to exceed the highest lawful rate of interest, calculated from the date such amount was due until the date payment is received by the party to whom debts are owed. 2.3. The below price is the cash price and has been discounted by 3%. Should customer choose to pay via credit card, customer shall forego the cash discount and the price for the above work shall increase 3%. 3. Customer agrees: 3.1. To provide free access to all areas of the facility for the equipment identified in and/or relating to the List of Covered Equipment and to provide suitable means as may be necessary to reach such equipment situated with limited or restricted access; 3.2. To allow Contractor to start and stop the equipment as necessary to perform the services; 3.3. To supply suitable electrical service. 4. Neither party to this Agreement shall assign any of its rights or obligations hereunder without the prior written approval of the other party. 5. This Agreement shall be governed by the laws of the state of where the Services are performed without regard to its conflicts or choice of law principals. Any legal action relating to this Agreement, or the breach thereof, with the exception of any legal action for collection of amounts due, shall be commenced with one (1) year from the date of the work. 6. Neither Customer nor Contractor shall be liable to the other or anyone else for any liability, claim, loss, damage or expense of any kind, or for any direct, consequential, special or incidental damages including, without limitation, lost profit relative to or arising from or caused directly by the equipment or the Services, or the use thereof or any deficiency, defect or inadequacy thereof. It is expressly agreed that Customer’s exclusive remedy for any cause of action relating to this Agreement shall be for damages and Contractor’s liability for any and all losses or damages resulting from any cause whatsoever, including negligence, shall in no event exceed the price of the service agreement for the equipment in respect to which the claim is made or, at the election of Contractor, the restoration or replacement or repair of such equipment. 7. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, terrorism, acts of war, action of the elements, forces of nature, or by any cause, without limitation, beyond its control. SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 8 - 9/5/2023 8. Customer hereby acknowledges that Contractor is not an environmental consultant or specialist in dealing with hazardous materials; therefore, Customer acknowledges and agrees that notwithstanding anything to the contrary contained herein or in any attachment hereto, the Services shall not include, by way of example but not limitation, the identification, detection, abatement, encapsulation, containment, removal or disposal of any hazardous materials, including, without limitation, asbestos. In addition, Contractor shall not be deemed an “operator” of any facility for purposes of current or pending federal, state or local laws, rules or regulations pertaining to hazardous materials, and Customer shall indemnify and hold Contractor harmless from any claims made with respect thereto. Customer shall also disclose to Contractor whether to its knowledge asbestos or other hazardous materials are present in any area of a facility. If to the knowledge of Customer, hazardous materials are present in a facility, Contractor shall be advised in writing so that Contractor's employees can be informed and be adequately protected from health risks associated with hazardous materials; such information, if so known, shall include the location therein of the hazardous materials and the type thereof. Contractor shall not be required to perform any Services in any location of a facility where hazardous materials are present. Contractor’s nonperformance of any Services due to unsafe working conditions shall not give rise to a breach hereunder. Customer shall defend, indemnify, and hold harmless Contractor from any claims, damages, losses or expenses, including, but not limited to, reasonable attorney Fees, arising out of or resulting from this article. 9. Contractor's warranty applies only to equipment, parts and/or labor furnished and installed by Contractor. No other warranties or guarantees expressed or implied are made by Contractor. No representations of any kind have been made by Contractor to Customer except as set forth herein. Parts and Equipment: Contractor warrants repair or replacement parts and equipment furnished by it to be free from defect for a period of one (1) year from the date of delivery unless the manufacturer's warranty is for a shorter period in which case the shorter period will apply. Contractor warrants parts and equipment not manufactured by it only to the extent that Contractor is able to enforce liability against the manufacturer. Labor: Contractor's warranty includes the cost of Contractor's labor for correcting defects in material and workmanship originally supplied by it under this Agreement for a period of sixty (60) days after installation, provided that the material was furnished and installed by Contractor. Contractor's labor for warranty purposes shall be provided during Normal Working Hours. Any labor provided outside of Normal Working Hours shall be paid for by Customer at Contractor's applicable rates. Contractor's liability for defects in material and workmanship, if any, shall be limited to the cost of the repair and/or replacement materials, at Contractor's option. 10. This Agreement contains the entire understanding between the parties. 11. The term of this Agreement shall be for a period of one (1) unless sooner terminated as provided herein. Subject to mutual agreement between Customer and Contractor on pricing for any renewal term, this Agreement shall be automatically renewed for a term of one (1) year on the expiration of the term identified above and thereafter on each one (1) year anniversary date thereof unless cancelled by Customer or Contractor by written notice at least thirty (30) days' prior to the anniversary date. 11.1. Either Customer or Contractor may terminate this Agreement for convenience with at least 30 days' prior written notice to the other party. 11.2. In the event that any modifications, replacements or repairs whatsoever are performed on the equipment listed in Schedule I by any party other than Contractor, Contractor reserves the right at its sole option to terminate or renegotiate the terms of Services applicable to such equipment. 11.3. In the event of any termination of this Agreement prior to its expiration Contractor shall be paid for its Services through the effective date of termination. 12. Customer agrees: 12.1. That Contractor shall be promptly notified in the event of any change in normal use or operation of the equipment, or any malfunction in the system(s) that comes to the customer’s attention, and; 12.2. That in the event of any emergency or system failure, to take reasonable safety precautions to protect life and property including, but not limited to, fire watch and/or suppression, in the event of any emergency or system failure during the period of time from SAN DIEGO ⚫ IRVINE ⚫ SAN FERNANDO VALLEY / VENTURA ⚫ BAKERSFIELD ⚫ FRESNO ⚫ SACRAMENTO ⚫ SANTA MARIA ⚫ SAN FRANCISCO ⚫ PHOENIX ⚫ LAS VEGAS ⚫ RENO - 9 - 9/5/2023 when Contractor is first notified of the emergency or failure until such time that Contractor notifies Customer that the emergency has cleared, or the system is operational. 13. Additional Charges: 13.1. Contractor shall conduct an initial inspection of the equipment listed in Schedule I. In the event that initial repairs or replacements are required in order for any such equipment to be covered by the Services and included in Schedule I, Contractor reserves the right at its sole option to terminate or renegotiate the terms of Services applicable to such equipment. 13.2. In the event repairs, replacements, or emergency services outside of the scope of Services of this Agreement are required, Customer shall pay Contractor for such services at Contractor’s normal (standard) billing rates, including overtime rates as may be applicable. 14. This proposal, including but not limited to pricing and schedule, is made contingent upon the work addressed herein not being adversely affected, either directly or indirectly, by the COVID-19 pandemic and/or the Corona virus. This proposal is further conditioned upon the parties agreeing, prior to beginning of any work and in writing as part of any contract/subcontract, that any (i) schedule issues (including, but not limited to, delay, acceleration, compression, interference, hindrance), (ii) overtime hours or added resources to perform work, (iii) shortages (whether as to labor, subcontracted services, materials, or supplies), (iv) change orders, extra work, or extra costs, or (v) inefficiency and impacts relating to the foregoing, that arise as a result of the COVID-19 pandemic or Corona virus will entitle contractor to a change order equitably addressing impacts to its time for performance and costs. 1 Contract No. 2022-062.4 FOURTH AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MESA ENERGY SYSTEMS D/B/A EMCOR SERVICES OF ARIZONA THIS FOURTH AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “Fourth Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Mesa Energy Systems d/b/a EMCOR Services of Arizona., a(n) Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the State of Arizona entered into Contract No. CTR049764, dated May 20, 2020, (the “State Contract”), with the Contractor for the provision of HVAC Maintenance, Repair, and Emergency Services. All of the capitalized terms not otherwise defined in this Fourth Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated March 31, 2022, (and as Amended via Amendment No. 1, dated May 20, 2022; via Amendment No. 2, dated August 1, 2022; and via Amendment No. 3, dated April 10, 2023) based upon the State Contract (the “Agreement”), for HVAC Maintenance, Repair, and Emergency 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 Fourth 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 $355,000, which increases the not to exceed amount by $255,000. The annual amount per 2 term shall not exceed $85,000. 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 Fourth 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 Fourth 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 Fourth 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. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Town in defending such as action. 6. Conflict of Interest. This Fourth Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] ITEM 9. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 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 Purchase of two replacement fleet vehicles from Peoria Ford  Staff Summary (Background) To meet the criteria for replacement under the Council-adopted Vehicle Replacement Program Policy, two light duty vehicles for Public Works are recommended to be purchased. The purpose of the Vehicle Replacement Program Policy is to provide an authoritative decision-making process for the evaluation, selection, and multi-year scheduling of vehicle replacements based on a projection of available fiscal resources and the vehicle’s age, mileage, engine hours and repair costs. The objectives of the program are to:   •              Ensure the timely purchase, repair and replacement of the town’s vehicles. •              Serve as a link in the town’s planning between the Town’s operating and capital budgets. •              Maintain control over the town’s long-term cash flow in relation to the Town's financial capacity; and •              Ensure efficient, effective, and coordinated vehicle acquisition and replacement.   Per the Vehicle Replacement Program Policy, the guidelines below dictate when a vehicle should be replaced:   •              Sports Utility Vehicle (SUV): 10 years or 100,000 miles •              Sedans: 10 years or 100,000 miles •              Light Duty Truck: 10 years or 100,000 miles   The two vehicles to be replaced this year are for the Street Department. Both vehicles are 2014 Ford F-250 trucks and were purchased in September 2013. One truck has approximately 64,000 miles and the other approximately 81,000 miles. The budget authority for the purchase of the vehicles is included in the current year's budget for the Vehicle Replacement Fund.  Staff reviewed several Federal, State and County Cooperative Purchasing Agreements in an effort to secure the best pricing. No comparable vehicles could be secured utilizing Cooperative Purchasing Agreements, and staff solicited automobile dealerships that offer Government fleet pricing, and the results are shown below.   Peoria Ford:         $62,578.69 Sanderson Ford:  $65,795.06 Larry Miller Ford: $67,848.59   Peoria Ford (PFVT Motors, LLC) represented the lowest vehicle price of $62,578.69 per vehicle, for a total of $125,157.38. The funding will come from the Vehicle Replacement Fund. Related Ordinance, Policy or Guiding Principle Adopted Town of Fountain Hills Vehicle Replacement Program Policy.   Risk Analysis The primary risk of delaying the vehicle replacement is excessive wear, possible vehicle breakdown, and higher maintenance costs.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the purchase of vehicles as presented   SUGGESTED MOTION MOVE to approve the Purchase of Two fleet vehicles from Peoria Ford (PVVT Motors, LLC) in the amount of $125,157.38, and any associated budget transfers  Fiscal Impact Fiscal Impact:$125,157.38. Budget Reference:N/A Funding Source:Vehicle Replacement Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Price sheet Vehicle 1 Peoria Ford  Price sheet vehicle 2 Peoria Ford  Price sheet vehicle 1 Sanderson Ford  Price sheet vehicle 2 Sanderson Ford  Price sheet vehicle 1 Larry H. Miller Ford  Price sheet vehicle 2 Larry H. Miller Ford  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/05/2023 04:15 PM Finance Director David Pock 09/06/2023 07:27 AM Town Attorney Aaron D. Arnson 09/06/2023 09:15 AM Interim Town Manager Rachael Goodwin 09/11/2023 10:38 AM Public Works Director (Originator)Linda Mendenhall 09/13/2023 11:19 AM Finance Director Linda Mendenhall 09/13/2023 11:19 AM Interim Town Manager Rachael Goodwin 09/13/2023 03:32 PM Form Started By: Justin Weldy Started On: 09/05/2023 11:54 AM Final Approval Date: 09/13/2023  18/9/2023 11:21:46 Quote PFVT MOTORS, LLC.Date 8/9/23 CLIFF KUJALA Valid Until 8/14/2023 Government Account Team Contract CTR059322-1 Direct: 623-239-0340 PO Lead Time In Stock Customer:Invoice Address:Delivery Address: Town of Fountain Hills Same 16705 E. Avenue of the Fountains Fountain Hills AZ 85268 Jeff Pierce 480-816-5129 Description Line Total SUPER DUTY NEF66913 2022 F250 SRW 4X2 REG CAB EXTERIOR XL 142" WB STYLESIDE OXFORD WHITE 6.2L EFI V-8 ENGINE INTERIOR 6-SPEED AUTOMATIC TRANS G MEDIUM EARTH GRAY CLOTH $39,445.00 EXTERIOR BOX RAIL/TAILGATE MOLDINGS DOOR HANDLES - BLACK HEADLAMPS - AUTOLAMP (ON/OFF) LOCKING REMOVABLE TAILGATE PICKUP BOX, TIE DOWN HOOKS -NA W/BOX DLT SPARE TIRE AND WHEEL LOCK -NA W/BOX DLT TOW HOOKS TRAILER SWAY CONTROL WIPERS- INTERMITTENT INTERIOR AIR COND, MANUAL FRONT DRIVER SEAT-MANUAL LUMBAR OUTSIDE TEMP DISPLAY PARTICULATE AIR FILTER STEERING - TILT/TELESCOPIC WHEEL WITH AUDIO VINYL SUN VISORS FUNCTIONAL 4-WHEEL ANTILOCK BRAKE SYS FORDPASS™ CONNECT HILL START ASSIST JEWEL EFFECT HEADLAMPS MYKEY® REAR VIEW CAMERA NA W/BOX DLT TWIN I-BEAM INDEPENDENT FRT SUSPENSION W/STAB BAR SAFETY/SECURITY ADVANCETRAC™ WITH RSC® AIRBAGS - SAFETY CANOPY® BELT-MINDER CHIME DRIVER/PASSENGER AIR BAGS SECURILOCK® ANTI-THEFT SYS SOS POST-CRASH ALERT SYS™ WARRANTY 3YR/36,000 BUMPER / BUMPER 5YR/100,000 DIESEL ENGINE 5YR/60,000 POWERTRAIN 5YR/60,000 ROADSIDE ASSIST OPTIONAL EQUIPMENT/OTHER PREFERRED EQUIPMENT PKG.600A 6-SPEED AUTOMATIC TRANS G NO CHARGE 3.73 RATIO REGULAR AXLE NO CHARGE POWER EQUIPMENT GROUP 1,100.00 PICKUP BOX DELETE - 625.00 FRONT LICENSE PLATE BRACKET NO CHARGE STX APPEARANCE PACKAGE 2,010.00 .LT275/65R18E BSW ALL SEASON .CRUISE CONTROL .BRIGHT GRILLE .SILVER CAST ALUM WHEELS-18" 4G LTE WI-FI HOTSPOT REMOVAL - 20.00 10000# GVWR PACKAGE ENGINE BLOCK HEATER 100.00 50 STATE EMISSIONS NO CHARGE 110V/400W OUTLET NO CHARGE SPARE TIRE AND WHEEL 295.00 TRAILER BRAKE CONTROLLER 300.00 OPTIONAL EQUIPMENT/OTHER CONTINUED TELESCPNG TT MIRR-POWR/HTD SIG AUDIBLE LANE DEPARTURE WARNING 115.00 JACK REAR STAB BAR W/ AUX SPRINGS 125.00 UPFITTER SWITCHES 165.00 200AMP(6.2L)/240CMP(6.7L) ALTR NO CHARGE REAR VIEW CAMERA & PREP KIT 415.00 CLOTH 40/20/40 SEAT 100.00 SYNC 3 450.00 PRE COLLISION ASSIST W/AEB 115.00 TOTAL OPTIONS/OTHER $4,645.00 FORD DEST & DELIVERY $1,795.00 SCELZI 8' SERVICE BODY $12,000.00 WINDOW TINT INCLUDED TOTAL 4 KEYS INCLUDED Subtotal $57,885.00 Special Notes and Instructions Sales Tax 8.10%$4,688.69 MSO/ODO STATEMENT. CUST RESPONSIBLE FOR REGISTRATION Tire Tax 5 $5.00 Extended Warranty $0.00 Flooring $0.00 Freight $0.00 MSO / ODO $0.00 Total Per Unit less Trade-In $62,578.69 Quantity of Units 1 Sale Total $62,578.69 Above information is not an invoice and only an estimate of services/goods described above. Quote subject to change. Please confirm your acceptance of this quote by signing this document, and returning your PO. Signature Print Name Date If you have any questions concerning this quote, contact Cliff Kujala Thank you for your business! 9130 W Bell Road, Peoria AZ 85382 623-239-0340 - cliff.kujala@governmentautosales.com 18/9/2023 11:22:16 Quote PFVT MOTORS, LLC.Date 8/9/23 CLIFF KUJALA Valid Until 8/14/2023 Government Account Team Contract CTR059322-1 Direct: 623-239-0340 PO Lead Time In Stock Customer:Invoice Address:Delivery Address: Town of Fountain Hills Same 16705 E. Avenue of the Fountains Fountain Hills AZ 85268 Jeff Pierce 480-816-5129 Description Line Total SUPER DUTY NEF66904 2022 F250 SRW 4X2 REG CAB EXTERIOR XL 142" WB STYLESIDE OXFORD WHITE 6.2L EFI V-8 ENGINE INTERIOR 6-SPEED AUTOMATIC TRANS G MEDIUM EARTH GRAY CLOTH $39,445.00 EXTERIOR BOX RAIL/TAILGATE MOLDINGS DOOR HANDLES - BLACK HEADLAMPS - AUTOLAMP (ON/OFF) LOCKING REMOVABLE TAILGATE PICKUP BOX, TIE DOWN HOOKS -NA W/BOX DLT SPARE TIRE AND WHEEL LOCK -NA W/BOX DLT TOW HOOKS TRAILER SWAY CONTROL WIPERS- INTERMITTENT INTERIOR AIR COND, MANUAL FRONT DRIVER SEAT-MANUAL LUMBAR OUTSIDE TEMP DISPLAY PARTICULATE AIR FILTER STEERING - TILT/TELESCOPIC WHEEL WITH AUDIO VINYL SUN VISORS FUNCTIONAL 4-WHEEL ANTILOCK BRAKE SYS FORDPASS™ CONNECT HILL START ASSIST JEWEL EFFECT HEADLAMPS MYKEY® REAR VIEW CAMERA NA W/BOX DLT TWIN I-BEAM INDEPENDENT FRT SUSPENSION W/STAB BAR SAFETY/SECURITY ADVANCETRAC™ WITH RSC® AIRBAGS - SAFETY CANOPY® BELT-MINDER CHIME DRIVER/PASSENGER AIR BAGS SECURILOCK® ANTI-THEFT SYS SOS POST-CRASH ALERT SYS™ WARRANTY 3YR/36,000 BUMPER / BUMPER 5YR/100,000 DIESEL ENGINE 5YR/60,000 POWERTRAIN 5YR/60,000 ROADSIDE ASSIST OPTIONAL EQUIPMENT/OTHER PREFERRED EQUIPMENT PKG.600A 6-SPEED AUTOMATIC TRANS G NO CHARGE 3.73 RATIO REGULAR AXLE NO CHARGE POWER EQUIPMENT GROUP 1,100.00 PICKUP BOX DELETE - 625.00 FRONT LICENSE PLATE BRACKET NO CHARGE STX APPEARANCE PACKAGE 2,010.00 .LT275/65R18E BSW ALL SEASON .CRUISE CONTROL .BRIGHT GRILLE .SILVER CAST ALUM WHEELS-18" 4G LTE WI-FI HOTSPOT REMOVAL - 20.00 10000# GVWR PACKAGE ENGINE BLOCK HEATER 100.00 50 STATE EMISSIONS NO CHARGE 110V/400W OUTLET NO CHARGE SPARE TIRE AND WHEEL 295.00 TRAILER BRAKE CONTROLLER 300.00 OPTIONAL EQUIPMENT/OTHER CONTINUED TELESCPNG TT MIRR-POWR/HTD SIG AUDIBLE LANE DEPARTURE WARNING 115.00 JACK REAR STAB BAR W/ AUX SPRINGS 125.00 UPFITTER SWITCHES 165.00 200AMP(6.2L)/240CMP(6.7L) ALTR NO CHARGE REAR VIEW CAMERA & PREP KIT 415.00 CLOTH 40/20/40 SEAT 100.00 SYNC 3 450.00 PRE COLLISION ASSIST W/AEB 115.00 TOTAL OPTIONS/OTHER $4,645.00 FORD DEST & DELIVERY $1,795.00 SCELZI 8' SERVICE BODY $12,000.00 WINDOW TINT INCLUDED TOTAL 4 KEYS INCLUDED Subtotal $57,885.00 Special Notes and Instructions Sales Tax 8.10%$4,688.69 MSO/ODO STATEMENT. CUST RESPONSIBLE FOR REGISTRATION Tire Tax 5 $5.00 Extended Warranty $0.00 Flooring $0.00 Freight $0.00 MSO / ODO $0.00 Total Per Unit less Trade-In $62,578.69 Quantity of Units 1 Sale Total $62,578.69 Above information is not an invoice and only an estimate of services/goods described above. Quote subject to change. Please confirm your acceptance of this quote by signing this document, and returning your PO. Signature Print Name Date If you have any questions concerning this quote, contact Cliff Kujala Thank you for your business! 9130 W Bell Road, Peoria AZ 85382 623-239-0340 - cliff.kujala@governmentautosales.com Dave Harris (623) 930-5961 dharris@sandersonford.com Marty Tritschler (623) 930-5963 rfowler@sandersonford.com Jerry Becker (623) 842-8795 jbecker@sandersonford.com Department Fax: (623) 930-5966 Date: Customer:FAX: Base Price:$46,675.00 1.-$2,801.00 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.$16,762.00 14. 15. 16. 17. Upgrade Options Total:$13,961.00 Bid Price (w/options):$60,636.00 Sales Tax (8.5%):$5,154.06 Tire Tax:$5.00 Ford Extended Service Plan: Total Delivered Price:$65,795.06 40/20/40 Vinyl Grey 8' Scelzi brand Utility Body includes Ladder Rack Stock #236211 (1FTbF2AAxpED47486) 6.8L V8 gas Power Windows / Power Locks / Power Mirrors / Cruise Control Camper Package (upgraded rear leaf springs) (471) 120V / 400W Outlet - Dash (43C) Upfitter Switches (66S) 250 Amp Alternator -upgrade (67E) 600A Equipment Pkg (work trim ) 3.73 regular ratio axle Christine Fortune 2023 Ford F250 XL Regular Cab 4x2 ****#### State of Arizona Vehicle Procurement Contract CTR059316 Government Fleet Sales Managers Upgrade Options: State Contract Discount Oxford White Town of Fountain Hills 8/11/2023 Vehicle Description: Dave Harris (623) 930-5961 dharris@sandersonford.com Marty Tritschler (623) 930-5963 rfowler@sandersonford.com Jerry Becker (623) 842-8795 jbecker@sandersonford.com Department Fax: (623) 930-5966 Date: Customer:FAX: Base Price:$46,675.00 1.-$2,801.00 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.$16,762.00 14. 15. 16. 17. Upgrade Options Total:$13,961.00 Bid Price (w/options):$60,636.00 Sales Tax (8.5%):$5,154.06 Tire Tax:$5.00 Ford Extended Service Plan: Total Delivered Price:$65,795.06 Upgrade Options: State Contract Discount Oxford White Town of Fountain Hills 8/11/2023 Vehicle Description: Christine Fortune 2023 Ford F250 XL Regular Cab 4x2 ****#### State of Arizona Vehicle Procurement Contract CTR059316 Government Fleet Sales Managers 6.8L V8 gas Power Windows / Power Locks / Power Mirrors / Cruise Control Camper Package (upgraded rear leaf springs) (471) 120V / 400W Outlet - Dash (43C) Upfitter Switches (66S) 250 Amp Alternator -upgrade (67E) 600A Equipment Pkg (work trim ) 3.73 regular ratio axle 40/20/40 Vinyl Grey 8' Scelzi brand Utility Body includes Ladder Rack Stock #236209 (1FTBF2AA5PED49498) ITEM 9. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/19/2023 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 Agreement No. 2023-008 for Community Center Improvements. Staff Summary (Background) Starting in the Fall of 2021, the Public Works Director has provided periodic updates to the Council related to the progress on the Community Center water intrusion and other building related issues. Below is a summary of work completed to date and a request for the Council to consider the approval of the next phase of the project. 06/22/2022 thru 11/2/2022 - Sewer pipe relining 07/09-2022 thru 01-02-2023 - All known leaking roof drain piping couplings were repaired by either Town staff or the Town’s Plumbing contractor. 9/23/2022 - Industrial Hygienist performed 25 air sample tests of the Community Center, Library/Museum, Town Hall, and an exterior control sample. Lab test results confirmed no elevations or concentrations of microbial contamination at the time tests were taken. 10/4/2022 – The facility’s HVAC system was tested and audited. 10/4/2022 - Three (3) air samples were taken in concealed (wall cavity) Lobby locations, where destructive testing revealed visible biologic growth. These areas contained gross elevations or concentrations of microbial contamination at the time tests were taken. 10/09/2022 – The Roofing contractor completed an 850 square foot test area of the roof with suspected leaks. No leaks have reoccurred. 11/7/2022 - Wet-seal services on lobby, glass hall and ballroom store front window assemblies were completed. 11/11/2022 thru 11/18/2022 – All remediation work related to the biologic growth was completed in 11/11/2022 thru 11/18/2022 – All remediation work related to the biologic growth was completed in the Lobby.  11-21-2022 - Gensler Architecture starting the Design Phase based on project needs/long term repairs.  11/21/2022 thru 11/22/2022 - Door thresholds were sealed. 12/16/2022 – The exterior concrete patio was removed where water was entering through the door at the O’Flynn Room. 12/29/2022 thru 01/05/2023 – All remediation work related to the biologic growth was completed in the Grand Hallway. 12/30-2022 thru 06/20/2023 – Design of the O-Flynn storage room completed by Gensler and Kimley Horn and Associates 07/05/2023 thru 08/01-2023 – Patio area concrete removed and replaced. The Community Center Project (Project) is an approved multi-year project and is budgeted in the FY 2023-2024 Capital Improvement Plan (CIP) (Project F4037) for additional improvements related to addressing water intrusion. One of the projects undertaken for this year is located on the west side of the building, adjacent to the O-Flynn room. This area is an outdoor patio, and was subject to water intrusion due to the surrounding concrete having a higher elevation than the building. Earlier this year, the concrete was removed and replaced with a positive slope away from the building. This work essentially constructed the floor that will serve the new storage room (to be constructed at the under-roof portion of the patio). The firm of M. Arthur Gensler JR & Associates Architecture with support from Kimley Horn and Associates prepared the construction plans and bid specifications for the storage room project. On July 19, 2023, the project was posted to the Town website, published in the Fountain Hills Times and the Phoenix Business Gazette on August 17, 2023, four bids were received. The bids were reviewed by a selection committee. The committee selected Civil Elite Construction, LLC, as the responsive bidder. The bids submitted are listed below and are attached to this staff report.  Civil Elite Construction, LLC. $102,143.00 GCON Inc.                             $  86,497.00 SDB Inc.                                 $114,749.58 Renaissance Construction     $140,436.00 State law requires that public works projects such as this follow certain procedures, including for vendor selection, to help achieve transparency and cost-effectiveness. One requirement is that the Town must accept the bid of the lowest responsible qualified bidder submitting a responsive bid to construct the improvements. A responsive bid is one that fully complies with all the bid requirements, and a responsible bidder is one whose past performance, reputation, and financial capability is deemed acceptable. With this in mind, although the lowest bidder was GCON, they were not deemed responsive as their bid did not comply with the outlined RFP requirements.  Elite’s bid was $102,143, and the 15% owners contingency brings the total to $117,464.65. The owners' allowance will only be utilized if necessary and approved by the project manager.  utilized if necessary and approved by the project manager.  Related Ordinance, Policy or Guiding Principle Public Works Mission Statement.  Risk Analysis Not approving the Agreement will delay work on the Community Center and may result in additional water intrusion issues.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Agreement No. 2023-008 as presented.   SUGGESTED MOTION MOVE to approve Agreement No. 2023-008 with Civil Elite Construction, LLC, in the amount of $117,464.45, and any associated budget transfers. Fiscal Impact Fiscal Impact:117,464.45 Budget Reference:N/A Funding Source:Capital Projects If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Civil Elite bid  Gcon bid  Renaissance bid  SDB bid  Bid Documents  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/06/2023 04:41 PM Finance Director David Pock 09/06/2023 04:48 PM Town Attorney Aaron D. Arnson 09/11/2023 09:48 AM Interim Town Manager Rachael Goodwin 09/12/2023 08:54 PM Form Started By: Justin Weldy Started On: 09/05/2023 04:12 PM Final Approval Date: 09/12/2023  Estimate Number: Customer:Contact:Date: Address: Cell Phone:Business Phone:Email: Job Name: Job Address: Elite Civil Construction, LLC, hereby submits a cost estimate for the following work: Bid Item #Qty UM Unit Cost Total Cost 1 1 LS 5,500.00$ 5,500.00$ 2 1 LS 9,500.00$ 9,500.00$ 3 1 LS 19,500.00$ 19,500.00$ 4 1 LS 4,300.00$ 4,300.00$ 5 1 LS 6,800.00$ 6,800.00$ 6 1 EA 5,600.00$ 5,600.00$ Install Hollow Metal Door - Furnish/Install 1 EA hollow metal door. - Install 40 LF of weep screeds per plans. - Install backer rod and caulking on all joints. - Install stucco on exterior wall to match existing. - Demolish existing door and windows per plans. - Install floor base to match existing. of finish paint. - Cover all areas to prevent over spray. - Provide traffic barriers around work area. Paint Interior and Exterior - Paint the interior walls and ceiling to match existing. - Paint the exterior walls to match existing. - Paint shall be applied with 2 EA coats of primer and 2 EA coats - Finish the interior drywall to match existing. - Install 270 SF of weather barrier per plans. - Finish drywall to a level 4 finish. Cover Windows and Door Opening - Cover 3 EA existing window openings per plans. - Cover 1 EA existing door opening per plans. - Paint the interior wall to match existing. 23-060 Fountain Hills Community Center 13001 N. La Montana Dr, Fountain Hills, AZ 85268 rdurham@fh.az.gov 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 480-816-5133 Description General Conditions Cost Proposal Owner Information The Town of Fountain Hills Robert Durham 8/17/2023 - Mobilize equipment required to complete project onsite. - Provide project supervision. - Provide temporary facilities. Repair Masonry Walls - Remove existing plywood covers. - Extend masonry block wall to lengths shown on the plans. - Install new masonry block to match existing. - Install block on existing concrete floor. - Install rebar as required to support new block. - Install 270 SF of foam insulation on exterior wall per plans. - Wall grout filling shall be excluded. Install Framing and Gypsum Board - Install approximately 270 SF of exterior drywall. - Install 270 SF of wall insulation per plans. - Replace stucco to match existing. - Install new cold formed steel framing on new wall to include 18 GA X 6" wide studs and tracks. - Install approximately 270 SF of abuse resistant drywall. 7 1 LS 21,000.00$ 21,000.00$ 8 1 EA 14,350.00$ 14,350.00$ 9 1 AL 4,800.00$ 4,800.00$ 10 1 AL 4,000.00$ 4,000.00$ 11 1 LS 1,222.00$ 1,222.00$ 12 1 LS 5,571.00$ 5,571.00$ Total 102,143.00$ - Paint door to match existing. - Furnish/Install conduit required to power the condenser on top of the roof not to exceed 270 LF. - Install new breaker on existing electrical panel. - Relocate 1 EA light switch. - Replace 1 EA GFCI receptacle in new room per plans. - Install 1 EA light motion detector per plans. - Lights shall remain as installed. - Install condenser floor supports per plans. - Install fused disconnect per plans. - Install 1 EA thermostat in room. shall be excluded. - Thermostat control integration with existing HVAC system - This is an allowance and the final cost will be based on the actual cost plus a 15% markup with proof of invoice. Sales Tax Payment & Performance Bond - Provide payment and performance bonds if required. - Install strobe light per fire code in new building. - The plans do not indicate any details of the equipment, wiring, or controls required for this scope of work. - This is an allowance and the final cost will be based on the actual cost plus a 15% markup with proof of invoice. - Please note that the cost of the relocation of the card reader will depend on the existing wiring conditions on the walls and the hardware which the unit will be mounted. Fire Alarm Allowance - Install 1 EA roof penetration boot per plans. Relocate Card Reader - Allowance - Relocate card reader to new door. - Connect new wiring and run conduits. Install Mini-Split - Furnish/Install 1 EA mini split per plans. - Insulate refrigerant lines with Armstrong Armaflex insulation and aluminum jacketing per plans. - Core roof as required for electrical and refrigerant lines. conduit and fittings. - Exterior conduits shall be installed with water tight fittings. - Install new GFCI receptacle in roof near condenser unit. - Install conduit from condenser unit to interior fan unit. - Door windows shall be excluded. - Final lock shall be keyed by owner. Install Electrical - Interior conduit shall be installed above grid ceiling with EMT - Install locking hardware on exterior and panic hardware on interior. - Install hydraulic closer, kick plate, hinges, and handles. Exclusions/Clarifications - Surveying shall be excluded. - Concrete work shall be excluded. - Construction water shall be provided by others. - Permits shall be provided by others. - Third party testing shall be provided by others. - Quality control testing shall be provided by others. - This proposal shall be deemed void after 60 calendar days. Payment terms shall be submitted in accordance with Arizona Statues and due within 14 days following the completion of the work. This cost proposal is submitted by: Jesus Jaramillo Name Date Signature 8/17/2023 One-Hundred Two-Thousand, One-Hundred Forty-Three Dollars - Zero-CentsAll of the work shall be completed for the sum of 7.2.6. PRICING GCON CONSTRUCTION | New Build Clarence Wesley Health Clinic xxvGCON INC. | RFP #2023-008 THE TOWN OF THE FOUNTAIN HILLS COMMUNITY CENTER IMPROVEMENTS PRICING7.2.6. 14 Via Email: rdurham@fountainhillsaz.gov Rob Durham Procurement Administrator Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 RE:Town of Fountain Hills - Community Center Storage Room 13001 N La Montana Drive, Fountain Hills, AZ 85268 Mr. Durham Our proposal for all work shown under TOTAL is: Eighty Four Thousand Nine Hundred Ninety Seven Dollars and No Cents Sincerely, Thomas Bernard Estimator Due to current market fluctuations we can only hold our price for 30 days from proposal date. 84,997.00$ We thank you for the opportunity to provide construction services for this important project. If you desire to discuss our proposal or any part thereof, feel free to contact me at thomasb@gconinc.com or 602-828-4061. August 16, 2023 On behalf of GCON Inc we present herein our offer to construct the improvements for the Town of Fountain Hills - Community Center Storage Room. Our offer is based on the attached scope of work. 1606 W. Whispering Wind Drive | Phoenix, AZ 85085 | 623.581.6300 (P) | 623.581.3302 (F) | GCONInc.com | AZ ROC 182765 GCON CONSTRUCTION | New Build Clarence Wesley Health Clinic xxviGCON INC. | RFP #2023-008 THE TOWN OF THE FOUNTAIN HILLS COMMUNITY CENTER IMPROVEMENTS PRICING7.2.6. 15 SCOPE OF WORK Inclusions • Proposal is based on plans as prepared by Gensler, approved for public bid, dated 07/05/2023. • We acknowledge the questions and answers 1 - 24 on the Procure Now portal. • We acknowledge our excluded question responded too on the Procure Now portal. Exclusions • All work on sheet D1.10 as noted. • All work associated with Keynotes 3 & 4 on A1.10. • All work associated with Keynotes 5 & k on A3.00. • All work on Civil sheet 2 of 4 as noted. • All work on Civil sheet 3 of 4 as noted. • All work on Civil sheet 4 of 4 as noted. Qualifications • Proposal is based on the project being completed during regular work hours. • It is understood that the existing fire sprinkler layout is adequate for the new space. • It is understood that the new space will not require any additional fire alarm devices based on it’s size and usage. • Add Alternate: Add a condensate pump = $1,500. 1606 W. Whispering Wind Dr. Phoenix, Arizona 85085 P: 623.581.6300 F: 623.581.3302 gconinc.com Project: Fountain Hills Community Center Improvement Date: 8/17/2023 Location: 13001 N La Montana Dr, Fountain Hills, AZ 85268 Version: 1.0 Plans: Gensler, dated June 30, 2023 Prepared by: Asad Bhatti Duration (Weeks): 3.00 PROJECT TOTAL 02060 DEMOLITION $300 06100 CARPENTRY $500 07200 INSULATION $1,349 07500 ROOFING - Patch/Repair $1,500 08100 DOOR/FRAME/HARDWARE - HM & WOOD $3,129 09200 STUCCO $42,107 09250 METAL STUDS & DRYWALL $5,350 09900 PAINTING $4,660 15300 FIRE PROTECTION $2,393 15500 HVAC $8,759 15955 ENERGY MANAGEMENT Excluded 16001 ELECTRICAL $17,750 16720 FIRE ALARM Excluded N/A CLEANUP/HOUSEKEEPING $360 ARCHITECTURAL & ENGINEERING FEES Excluded PERMIT/ PLAN CHECK & DEVELOPMENT FEE ALLOWANCE Excluded Project Subtotal $88,157 Builders Risk Liability Insurance $873 General Conditions Builders Risk $329 Sales Tax General Conditions $15,014 Overhead & Profit Overhead & Profit 5.00% $5,219 Sales Tax Sales Tax 5.79% $6,345 TOTAL TOTAL $115,938 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 QUALIFICATIONS EXCLUSIONS RENAISSANCE CONSTRUCTION 8925 E. PIMA CENTER PKWY #205 SCOTTSDALE, AZ 85258 480-967-0880 AZ ROC 111575 B-01 / CSLB 992976 B PROJECT SUMMARY Architectural and Engineering fees; Building permits, development and impact fees; Performance and payment bond; Audio Visual; Phone, data, sound system, and security wiring; Appliances, System Furniture, Office Equipment, Moving or relocation of furniture or equipment in area of work; Painting of Walls, Door, Frames and ceiling including existing walls in the space Fire Protection by Aidant See Alt below for Fire Alarm Work by Aidant if needed if required Proposal is valid for 30 days from issued date; Assumes normal working hours; Budget subject to change based on engineered drawings; Budget based on (18) page "Issued for Construction" drawings provided by Gensler dated 6-30-23 New Exterior HM Insulated Door, PS Frame, and HW for the new entry into space Stucco scope as per drawing but also patching to the screen wall as per site visit. See Alt below for EMS Work by EMCOR/Mesa Energy systems if required Final keying, Signage, Access Controls; Liquidated Damages; Code upgrades not noted on drawings; Floor leveling or Major Floor Prep; Hazardous materials abatement or removal; Scraping or removal of flooring adhesives, unless noted otherwise AZ ROC 111575 B-01 | CSLB 992976 B | CCB 228969 | RENAIRC802CS 13 14 15 16 17 18 19 20 21 22 23 24 ALTERNATES (not included in proposal) 1 $1,725 ls 2 $3,213 ls 3 $29,498 ls Replacing light bulbs or ballasts as needed; Replacing ceiling tile as needed; Repairs to existing elevator equipment of cabs; Balancing of main air handlers, roof top cooling towers, pumps or water treatment; Temp Fencing/Hoarding around worksite Fire Alarm By Aidant EMS Controls by EMCOR Any work or scope marked on drawings as being completed prior to bid, Fire Alarm; EXCLUSIONS (continued) Structural alteration not fully designed and engineered; Repairs or time delays due to moisture in concrete; Touch up of existing doors as needed; Cleaning of elevator shafts, equipment and pits; Duct smoke detectors; Energy Management System; AZ ROC 111575 B-01 | CSLB 992976 B | CCB 228969 | RENAIRC802CS 7. 2 . 6 P R I C I N G 14 COMMUNITY CENTER IMPROVEMENTS TOWN OF FOUNTAIN HILLS 7.2.6 PRICING SDB, Inc 1001 S. Edward Dr Tempe, AZ 85281 480-967-5810 CUSTOMER:Town of Fountain Hills BID DATE:8/17/2023 @ 5PM ADDRESS:16705 E. Avenue of the Fountains PROPOSAL NO.:23-99-0057 CITY, STATE & ZIP Fountain Hills, AZ 85268 PROPOSAL TYPE.:Lump Sum JOB DESC.:Town of Fountain Hills Community CenteARCHITECT/ ENGINEER:Gensler CONTACT:Rob Durham, Procurement Administrato PLANS DATED:7/5/2023 Based off the Contract Documents and Drawings byGensler dated 7/5/2023 DIV 1 -GENERAL REQUIREMENTS & ALLOWANCES General Conditions 16,154.00$ General Requirements 4,462.00$ DIV 2 -EXISTING CONDITIONS Temp. Enclosures & Containment 1,342.00$ Select Demolition 3,548.00$ DIV 6 - WOOD & PLASTIC Rough Carpentry 1,368.00$ DIV 7 - THERMAL & MOISTURE Stucco (Match Existing)4,324.00$ APP Modified Bitumen Roofing 1,109.00$ Firestopping Caulking / Joint Sealants 776.00$ DIV 8 - OPENINGS Door, Frames, & Hardware 4,945.00$ DIV 9 - FINISHES Drywall & Metal Studs 9,757.00$ Acoustical Ceiling 3,326.00$ Flooring 333.00$ Painting & Coatings 2,090.00$ DIV 20 - 25 MECHANICAL Fire Sprinklers 7,207.00$ HVAC 19,232.00$ DIV 26 - 28 ELECTRICAL & SPECIAL SYSTEMS Electrical 19,070.00$ Fire Alarm 4,335.00$ SUB TOTAL 103,378.00$ FEE 6.00%6,202.68$ OWNER CONTINGENCY 3.00%3,101.34$ GENERAL CONTRACTOR CONTINGENCY 2.00%2,067.56$ TAX 5.98%MRRA TOTAL 114,749.58$ •This price shall remain valid for 20 days from bid date above. PROPOSAL ASSUMPTIONS & CLARIFICATIONS We are pleased to offer the following Proposal for proposed construction of Town of Fountain Hills Community Cente 15 COMMUNITY CENTER IMPROVEMENTS TOWN OF FOUNTAIN HILLS 7.2.6 PRICING EXCLUSIONS •Plan check and building permit fees; cost is carried by Owner. •Seismic Engineering or special support systems are not included. •Professional fees, inspection and testing; scope is the responsibility of the Owner. •Any cost or additional work due to City comments or review. •Temporary power, lighting and water consumption; cost is carried by Owner. •Utility company charges or fees, by Owner. •Premium time unless otherwise noted. •Overtime or after-hours work is only included for MEP tie-ins and shutdowns. •All structural or miscellaneous steel exposed to the exterior is galvanized finish. •Site security or watchman, by Owner. •Moving any furniture is by Owner. •Artwork is carried by Owner. •Moving and protecting of any appliances or equipment is by Owner. •Landscaping is not included in this proposal. •Replacement of any precast parking curbs. •Signage and traffic redirection is the responsibility of the Owner. •No patching or sealing existing penetrations in fire and smoke walls is included. •Patching or repair to existing partitions shown to be rated except new penetrations. •Any work to openings of any kind including but not limited to painting or doors, jambs, or window frames. •No major leveling of floors is included. •Excludes a vapor barrier or a moisture mitigation system. •Exclude wall protection including wall hand rails and crash rails, locations not shown on plans. •No repairs to existing HVAC system is included. •T&B Reads of existing systems will be provided for review and approval/comment. •Cleaning of existing or new duct system or equipment. •Fire alarm is by Owner. •Expediting material is not included. •Exclude any and all work not described. •T&B Pre-reads of existing systems will be provided for review and approval/ comment. •Onsite soils are considered suitable for reuse onsite. •Multiple Mobilations. •Environmental survey, testing, and abatement of any hazardous materials is by Owner. •Access Control. •EMS System/Graphics Programing. •Data Low Voltage & VOIP Cabling. •Moisture Mitigation System. AGREEMENT TERMS AND CONDITIONS: •This proposal is based of doing work during normal working hours. Acceptance of this Proposal \ Work Agreement authorizes SDB, Inc to furnish labor, material, equipment and other resources required to complete the work described herein and as required by the Owner for which the Owner agrees to pay the amount shown above. All pricing is priced at day of estimate any increase in material, equipment, and labor above 5% will be added to the contract at time of purchase via additive change order. RFP-2023-008 REQUEST FOR PROPOSALS COMMUNITY CENTER IMPROVEMENTS The Town of Fountain Hills Public Works 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RELEASE DATE: July 19, 2023 DEADLINE FOR QUESTIONS: August 10, 2023 RESPONSE DEADLINE: August 17, 2023, 5:00 pm Request for Proposals #RFP-2023-008 Title: Community Center Improvements 2 Town of Fountain Hills REQUEST FOR PROPOSALS Community Center Improvements I. Introduction .......................................................................................... II. Scope of Work ...................................................................................... III. RFP Submission Process ........................................................................ IV. Evaluation Criteria ................................................................................ V. Evaluation and Award Process .............................................................. VI. Terms and Conditions ........................................................................... VII. Vendor Questionnaire........................................................................... Attachments: A - Fountain Hills PSA Sample 8-12-2021 B - Community Center Storage Room - Approved Plans Request for Proposals #RFP-2023-008 Title: Community Center Improvements 3 1. INTRODUCTION In the event that a Vendor cannot be selected based solely on Proposals submitted, Oral Interviews may be conducted at the Town’s sole discretion. The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. 1.1. Summary The Town of Fountain Hills (the “Town”) is issuing this Request For Proposals (this “RFP”) seeking proposals (“Proposals”) from qualified, licensed firms (“Vendors”) interested in providing professional services consisting of Community Services Center Improvements Project (the “Services”), as more particularly described in the Scope of Work . In accordance with the Town’s Procurement Code, the Town will accept sealed Proposals for the Services specified in the Scope of Work. 1.2. Background The Town of Fountain Hills is located in the northeast portion of the Phoenix Valley and is bordered by the McDowell Mountain Regional Park within Maricopa County. The Town is east of the City of Scottsdale, north of the Salt River Pima-Maricopa Indian Community, and west of the Fort McDowell Yavapai Nation. Fountain Hills is famous for the spectacular projection of its signature fountain, which can be viewed from many vantage points within and outside the Town. 1.3. Contact Information Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Email: rdurham@fountainhillsaz.gov Phone: (480) 816-5128 Department: Public Works 1.4. Timeline Release Date July 19, 2023 Advertisement: Fountain Hills Times 7/19/23 & 7/26/23 Advertisement: Arizona Business Gazette 7/20/23 & 7/27/23 Request for Proposals #RFP-2023-008 Title: Community Center Improvements 4 Pre-Submittal Conference (Mandatory) August 3, 2023, 10:00am Town of Fountain Hills/Town Hall Fountain Conference Room 16705 E. Ave of the Fountains Fountain Hills, Az. 85268 Final Date and Time for Inquires August 10, 2023, 5:00pm Proposal Due Date and Time August 17, 2023, 5:00pm Bid Opening 8/17/23 @ 5:30PM Az MT Time Zoom Meeting https://us05web.zoom.us/j/89949751079?pwd=czJ ySGlZL1lMQXpYUlRPUEhDdXFoQT09 Meeting ID: 899 4975 1079 Passcode: 3b94Sk Shortlist Announced for Oral Interviews (if necessary) August 21, 2023 Oral Interviews (if necessary) Third Week of August Town of Fountain Hills/Town Hall Fountain Conference Room 16705 E. Ave of the Fountains Fountain Hills, Az. 85268 Target Town Council Award Date September 4, 2023 Anticipated Agreement Start Date September 11, 2023 Request for Proposals #RFP-2023-008 Title: Community Center Improvements 5 2. SCOPE OF WORK 2.1. Scope Existing outside space to be converted into an enclosed conditioned storage space which includes new non-rated exterior wall, adding a new door that will be accessed from the exterior and adding openings to existing exterior screen wall. In addition to providing needed storage space, recently completed flatwork is expected to eliminate water ponding and intrusion into the facility due to the original faulty grade. Permitting, Civil work, concrete and exterior screen wall demolition, grading and flatwork is complete. Project to include labor and materials to construct improvements, including: • Fire alarm and sprinkler modifications to accommodate newly created space. • Close and finish exterior screen wall cuts to match adjacent. • Close and finish removed gate posts. Fill and finish to match adjacent. • Existing canopy to remain, no work required. • See Engineers drawings for fixtures and devices. • Install new insulated door, hardware, frame and card reader. • New walls, infill to match existing width and finish of adjacent walls. • Infill openings to match adjacent construction and refinish entire wall for both interior and exterior sides. • Existing ceiling to be repaired and repainted. • Acoustical ceiling grid and tile to be replaced as needed. • Electrical work/modifications as necessary to accommodate new equipment requirements and lighting specifications. • Mechanical work necessary for installation of HVAC specified in drawings. Controls will be integrated with existing BMS system. System shall be tested and balanced. • Roof work to accommodate specified penetrations and equipment mounting. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 6 3. RFP SUBMISSION PROCESS 3.1. Preparation/Submission of Proposal Vendors are invited to participate in the competitive selection process for the Services outlined in this RFP. Responding parties shall review their Proposal submissions to ensure the following requirements are met. The Town requires electronic submission of bids and proposals. Please submit electronic responses via the Town’s e-Procurement Portal, https://secure.procurenow.com/portal/fhaz. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes. 3.2. Irregular or Non-responsive Proposals The Town shall consider as “irregular” or “non-responsive” and reject any Proposal not prepared and submitted in accordance with this RFP, or any Proposal lacking sufficient information to enable the Town to make a reasonable determination of compliance to the minimum qualifications. Unauthorized conditions, limitations, or provisions shall be cause for rejection. Proposals may be deemed non- responsive at any time during the evaluation process if, in the sole opinion of the Town Manager or authorized designee, any of the following are true: A. Vendor does not meet the minimum required skill, experience or requirements to perform or provide the Services. B. Vendor has a past record of failing to fully perform or fulfill contractual obligations. C. Vendor cannot demonstrate financial stability. D. Vendor’s Proposal contains false, inaccurate or misleading statements that, in the opinion of the Town Manager or authorized designee, are intended to mislead the Town in its evaluation of the Proposal. 3.3. Required Submittal The Proposal shall be submitted with a cover letter with an original ink signature (or a compliant digital signature) by a person authorized to bind the Vendor. Proposals submitted without a cover letter with a compliant signature by a person authorized to bind the Vendor shall be considered non-responsive. The Proposal shall be a maximum of 15pages to address the Proposal criteria (excluding resumes, but including the materials necessary to address project understanding, general information, organizational chart, photos, tables, graphs, and diagrams). Cover, back, table of contents and tabs may be used and shall not be included in the page count, unless they include additional project-specific information or Proposal criteria responses. The minimum allowable font for the Proposal is 11 pt, Arial or Times New Roman. Failure to adhere to the page limit shall result in the Proposal being considered non-responsive. 3.4. Vendor Responsibilities All Vendors shall Request for Proposals #RFP-2023-008 Title: Community Center Improvements 7 (1) examine the entire RFP, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Proposal and (4) submit the entire Proposal by the Proposal Due Date and Time. Late Proposals will not be considered, and are not possible when responding through the Town's e- Procurement Portal. Negligence in preparing a Proposal shall not be good cause for withdrawal after the Proposal Due Date and Time. Proposals may be received up to but not later than the Proposal Due Date and time via the Town’s e-Procurement Portal located at https://secure.procurenow.com/portal/FHAZ. The Town’s e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections or the Town's e-Procurement Portal not being accessible from your connected device. The Town strongly recommends completing your response well ahead of the deadline. 3.5. Sealed Submittals Sealed bids will be received through the Town’s e-Procurement Portal located at https://secure.procurenow.com/portal/fhaz. 3.6. Pricing Pricing shall be inclusive of all of the Services as described in the section titled Scope of Work. 3.7. Amendment/Withdrawal of Proposal At any time prior to the specified Proposal Due Date and Time, a Vendor (or designated representative) may amend or withdraw its Proposal. Any modifications in the Proposal shall be by the authorized person signing the Proposal and shall be added to the Vendor's Proposal upload. No Proposal shall be altered, amended or withdrawn after the specified Proposal Due Date and Time. 3.8. Inquiries Proposers shall submit all inquiries regarding this RFP via the Town’s e-Procurement Portal, located at https://secure.procurenow.com/portal/fhaz. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the Town’s e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. All questions submitted and answers provided shall be electronically distributed to proposers who follow this solicitation on the Town’s e-Procurement Portal. 3.9. Inquiries Answered Verbal or telephone inquiries directed to Town staff will not be answered. Within two business days following the Final Date for Inquiries listed in the timeline of this RFP, answers to all questions received will be posted in the Town's e-Procurement Portal, and e-mailed to all parties who follow the project. No questions, submitted in any form, will be answered after the Final Date for Inquiries. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 8 3.10. Pre-Submittal Conference A Pre-Submittal Conference may be held. If scheduled, the date and time of this conference will be indicated in the timeline of this RFP. This conference may be designated as mandatory or non- mandatory in the timeline of this RFP. Additionally, if the Pre-Submittal Conference is designated as mandatory, failure to attend shall render that Vendor’s Proposal non-responsive. Vendors are strongly encouraged to attend those Pre-Submittal Conferences designated as non-mandatory. The purpose of this conference will be to clarify the contents of this RFP in order to prevent any misunderstanding of the Town’s requirements. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to the Town at this conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the RFP. Oral statements or instructions will not constitute amendments or addenda to this RFP. 3.11. Addenda Notification Proposers are required to register for an account via the Town’s e-Procurement Portal hosted by ProcureNow. Once proposer has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://secure.procurenow.com/portal/fhaz. Any addendum issued as a result of any change in this RFP shall become part of the RFP and must be acknowledged in the Proposal submittal. Failure to indicate receipt of the addendum shall result in the Proposal being rejected as non-responsive. Any addendum issued by the Town with respect to this RFP will be available at: https://secure.procurenow.com/portal/fhaz Request for Proposals #RFP-2023-008 Title: Community Center Improvements 9 4. EVALUATION CRITERIA Proposal Format and Scoring Proposals shall be organized and submitted in the format as outlined below. Failure to conform to the designated format, standards and minimum requirements may result in a determination that the Proposal is non-responsive. Additionally, the Selection Committee will evaluate and award points to each Proposal based upon the evaluation criteria as outlined in this document. Points listed below are the maximum number of points possible for each criteria; there is no minimum number that the Selection Committee must award. No. Evaluation Criteria Scoring Method Weight (Points) 1. Initial Evaluation; General Information Pass / Fail 1 (1% of Total) 2. Initial Evaluation; Experience and Qualifications of the Vendor Points Based 25 (25% of Total) 3. Initial Evaluation; Project Approach Points Based 20 (20% of Total) 4. Initial Evaluation; Project Schedule Points Based 34 (34% of Total) 5. Pricing Points Based 20 (20% of Total) Request for Proposals #RFP-2023-008 Title: Community Center Improvements 10 5. EVALUATION AND AWARD PROCESS 5.1. Reference Checks References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non- responsive. 5.2. Vendor Licensing and Registration Prior to the award of the Agreement, the successful Vendor shall be registered with the Arizona Corporation Commission and authorized to do business in Arizona. The Vendor shall provide licensure information with the Proposal. Corporations and partnerships shall be able to provide a Certificate of Good Standing from the Arizona Corporation Commission. A Town of Fountain Hills business license is also required upon any awarded contract. 5.3. Vendor Responsibility The Town’s representative may conduct any investigation deemed necessary to determine the Vendor’s ability to perform the project. Vendors may be requested to submit additional documentation within 72 hours (or as specified) to assist the Town in its evaluation. 5.4. Selection A Selection Committee composed of representatives from the Town will conduct the selection process according to the schedule listed in the timeline of this RFP. Proposals shall be opened at the time and place designated in the timeline of this RFP. The name of each Vendor and the identity of the RFP for which the Proposal was submitted shall be publicly read and recorded in the presence of witnesses. PRICES SHALL NOT BE READ. The Selection Committee shall award the agreement to the responsible and responsive Vendor whose Proposal is determined, in writing, to be the most advantageous to the Town and best meets the overall needs of the Town taking into consideration the evaluation criteria set forth in this RFP. The amount of applicable transaction privilege or use tax of the Town shall not be a factor in determining the most advantageous Proposal, except in those instances in which the award is between a Fountain Hills business and a non-Fountain Hills business. In this event, the applicable city business privilege tax shall be included in the non-Fountain Hills business price for evaluation purposes only to determine the best proposal. After the Town has entered into an Agreement with the successful Vendor, the successful Proposal and the scoring documentation shall be open for public inspection. 5.5. Line Item Option Unless the Proposal states otherwise, or unless otherwise provided within this RFP, the Town reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the Town. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 11 5.6. Multiple Award The Town, at its sole discretion, may elect to enter into Agreements with multiple Vendors who are qualified to provide the Services. The final terms and conditions of the proposed Agreement will be negotiated by the Town with the successful offerors. 5.7. Form of Agreement The selected Vendor will be required to execute the Town’s standard Professional Services Agreement in a form acceptable to the Town Attorney. A sample of the standard agreement is included with this RFP. If the Town is unsuccessful in negotiating an Agreement with the highest-scoring Vendor, the Town may then negotiate with the second, then third, highest-scoring Vendor until an Agreement is executed. Town Council approval may be required. The Town reserves the right to terminate the selection process at any time. 5.8. Waiver; Rejection; Reissuance Notwithstanding any other provision of this RFP, the Town expressly reserves the right to: A. waive any immaterial defect or informality, B. reject any or all Proposals or portions thereof and C. cancel or reissue an RFP. 5.9. Protests Any Vendor may protest this RFP, the proposed award of an Agreement, or the actual award of an Agreement. All protests will be considered in accordance with the Town Code and Town Procurement Policy. 5.10. Evaluation Process Each submittal will be reviewed for compliance with the Proposal requirements by the Selection Committee. If necessary, the Selection Committee may conduct oral interviews with up to three of the highest ranked Vendors based upon the Proposal submittal scoring. 5.11. Oral Interviews & Scoring In the event that a Vendor cannot be selected based solely on the Proposals submitted, up to three Vendors may be selected for oral interviews. The selected Vendors will be invited to participate in discussions with the Selection Committee on the date indicated in the timeline of this RFP and awarded points based upon the criteria as outlined below. Vendors may be given additional information for these oral interviews. These discussions will relate less to the past experience and qualifications already detailed in the Proposals and relate more to identification of the Vendor’s project approach and to an appraisal of the people who would be directly involved in this Services for this RFP. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 12 6. TERMS AND CONDITIONS 6.1. Pricing Errors If price is a consideration and in case of error in the extension of prices in the Proposal, the unit price shall govern. Periods of time, stated as number of days, shall be calendar days. 6.2. Proposal Irrevocable In order to allow for an adequate evaluation, the Town requires the Proposal to be valid and irrevocable for 90 days after the Proposal Due Date and Time indicated on the cover of this RFP. 6.3. Cost of Proposal Preparation The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation. Proposals submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Vendor is responsible for all costs incurred in responding to this RFP. All materials and documents submitted in response to this RFP become the property of the Town and will not be returned. 6.4. Payment Requirements; Payment Discounts Any Proposal that requires payment in less than 30 calendar days shall not be considered. Payment discounts of 30 calendar days or less will not be deducted from the Proposal Price in determining the low Proposal. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet and/or the electronic Cost Proposal. 6.5. Federal Excise Tax; Transaction Privilege Tax The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. 6.6. Public Record All Proposals shall become the property of the Town and shall become a matter of public record available for review, subsequent to the award notification, in accordance with the Town’s Procurement Code. 6.7. Confidential Information If a Vendor believes that a Proposal or protest contains information that should be withheld from the public record, a statement advising the RFP Administrator of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney determines that it is proper to disclose the information, the RFP Administrator shall inform the Vendor in writing of such determination. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 13 6.8. No Collusion By submitting a Proposal, the Vendor certifies the submission of the Proposal did not involve collusion or other anti-competitive practices. 6.9. No Discrimination By submitting a Proposal, the Vendor certifies it shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. 6.10. No Gratuity By submitting a Proposal, the Vendor certifies it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. 6.11. Financial Stability By submitting a Proposal, the Vendor certifies it is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. 6.12. No Signature/False or Misleading Statement By submitting a Proposal, the Vendor certifies person submitting has the authority to legally bind the Vendor. Failure in this regard shall void the submitted Proposal and any resulting Agreement. 6.13. Professional Services Agreement By submitting a Proposal, the Vendor certifies in addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. 6.14. Offer A Proposal is an offer to contract with the Town based upon the terms, conditions and specifications contained in this RFP and the Vendor’s responsive Proposal, unless any of the terms, conditions, or specifications are modified by a written addendum or agreement amendment. Provided, however, that no contractual relationship shall be established until the Vendor has signed, and the Town has approved, a professional services agreement between the Town and the Vendor in the form acceptable to the Town Attorney. A sample Professional Services Agreement is included herein. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 14 7. VENDOR QUESTIONNAIRE 7.1. Certification By confirming questions under this section, the Vendor certifies: 7.1.1. No Collusion* The submission of the Proposal did not involve collusion or other anti-competitive practices. ☐ Please confirm *Response required 7.1.2. No Discrimination* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. ☐ Please confirm *Response required 7.1.3. No Gratuity* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. ☐ Please confirm *Response required 7.1.4. Financial Stability* It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. ☐ Please confirm *Response required 7.1.5. No Signature/False or Misleading Statement* The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 15 ☐ Please confirm *Response required 7.1.6. Professional Services Agreement* In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. ☐ Please confirm *Response required 7.1.7. Reference Checks* References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. ☐ Please confirm *Response required 7.2. Vendor Proposal 7.2.1. General Information* A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the Proposal. C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that supports the Vendor’s authority to provide services in Arizona. D. Provide a general description of the Vendor’s organization, including years in business. E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last five years. Briefly describe the circumstances and the outcome. F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 16 *Response required 7.2.2. Experience and Qualifications of the Vendor* A. Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the Town, specifically relating experience with respect to Community Center Water Remediations Project. B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. *Response required 7.2.3. Key Positions* A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed project manager and project staff. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. *Response required 7.2.4. Project Approach* A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to contract management, including its perspective and experience on partnering, customer service, quality control, scheduling and staff. Request for Proposals #RFP-2023-008 Title: Community Center Improvements 17 B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s Representatives. *Response required 7.2.5. Project Schedule* Provide a project schedule showing key project milestones and deliverables. The schedule shall demonstrate Vendor’s ability to meet the designated milestones as listed below. Assumptions used in developing the schedule shall be identified and at a minimum the proposed schedule shall include the following dates, if applicable. A. Proposed Kick-Off Meeting B. Phase I Report Due Date C. Phase I Report Presentation Date D. Phase II Implementation Start Date E. Project Completion Date *Response required 7.2.6. Pricing* *Response required 7.2.7. Proprietary or confidential information in the bid?* Communicate information not to be made public by highlighting the proprietary/confidential information. ☐ Yes ☐ No *Response required 7.2.8. W-9 TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT 1855004.1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of , 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and , a(n) (the “Consultant”). RECITALS A. The Town issued a Request for Proposals, _____ “_______________” (the “RFP”), a copy of which is on file in the Town Clerk’s Office and incorporated herein by reference, seeking proposals from vendors for _____________________ (the “Services”). B. The Consultant responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Consultant for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until __________, 2017 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Consultant requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Consultant’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Consultant, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-2 2. Scope of Work. Consultant shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit B and incorporated herein by reference. 3. Compensation. The Town shall pay Consultant an amount not to exceed $ .00 for the Services at the rates as set forth in the Fee Proposal, attached hereto as Exhibit C and incorporated herein by reference. 4. Payments. The Town shall pay the Consultant monthly, based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant’s performance. The Consultant shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. The Town has no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Consultant. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. (***USE THIS VERSION FOR CONTRACTS THAT ARE NOT CONSTRUCTION OR ENGINEERING***) To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the Town and each council member, TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-3 officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. (***ALTERNATE VERSION FOR CONSTRUCTION AND ENGINEERING CONTRACTS***) To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”) to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Consultant, its officers, employees, agents, or any tier of subcontractor in connection with Consultant’s work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-4 C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Consultant’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-5 the insurance policies as required by this Agreement, issued by Consultant’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Consultant’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-6 agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Consultant shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-7 statutes having jurisdiction over Consultant’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-8 agent or representative of the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Consultant an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Consultant fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Consultant shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Consultant, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Consultant, its employees or subcontractors. The Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements of its agreed Scope of Work as set forth in Section 2 above and Exhibit B. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-9 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-10 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Attn: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-11 Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant’s duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant and its subcontractors are complying with the warranty under subsection 13.17 below, Consultant’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Consultant’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Consultant pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Consultant’s or its subcontractors’ TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-12 failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Consultant 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. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, any Town-approved Purchase Order, the Fee Proposal, the RFP and the Consultant’s Proposal, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. 13.22 Special Provisions. [Add here – if any]. [SIGNATURES ON FOLLOWING PAGES] TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2017, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] TOWN OF FOUNTAIN HILLS SECTION B _______________________ DEPARTMENT AJM:sbm 919425.2 12/9/2016 B-14 “Consultant” _____________________________, a(n) ___________________________ By: Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ________________________, 2017, before me personally appeared _____________ ________________________, the _____________________ of _________________________, a(n) _____________ __________________, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the ________________________. Notary Public (Affix notary seal here) AJM:sbm 919425.2 12/9/2016 15 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND [Consultant’s Proposal] See following pages. AJM:sbm 919425.2 12/9/2016 1 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND [Scope of Work] See following page(s). AJM:sbm 919425.2 12/9/2016 1 EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND [Fee Proposal] See following page(s). N E S W A llthat i s A r i z o n a F O U N T AINHI L L S T OWN OF INC. 1989 SU M MIT D R DRIVESUMMIT CTPINNACLE CTCROWNCTMTN. VIE WCTCRESTVIEWCTVISTAVIEWCTCANYONCREST EAGLE S U N S E T VIS T A D R PARADISE DR CLOUD CREST TR RIDGE NORTH CTRED SKY DRIVESUMMIT SOUTH 145TH WAY 144TH WAY VIA LIN D A L U PINE D RNIMO RD KALIL DR LUPINE AVE 143RD PL GERO B L V D GO L D EN E A G L E BLVD B LVD PALISADES B L V D SAGUARO BLVD SAGUARO F O U N T A I N H I L L S BLVD SHEA BLVD PALISADES B E E L I N E H W Y (S .R . 8 7 ) T O P A Y S O N T O M E S A TO RIO VERDE TO SCOTTSDALE CT LOG CT PEAK S C TCANYO NHIDDEN HA W K TRDESERT BUTTE TR CRESTED WASH DESERT HIDDEN CREST TR FIRE VIEW VIEW VIS T A TR LNCANYONTR McDOWELLAZURESPRINGS TR CANYONCHOLLA DRAW VIS T A V E R D E MIRA VIS T A WHISPERCAMELVIEW DR DR DR DEL LAGO CT DR DR FONTANA BONITA SUNSCA PE VISTA DEL CASSIDY DIAMANTE TR D R S T A R G A ZE SHOOTING BLUFFROCK CLUB DR CLUB DR PL LAVA BLUFF TR QUAIL POINT RIDGE TR TR HUM MING BIRD HORIZON TR FIREROCK COUNTRY FIRERO C K C OUNTR Y FIRERIDGE TR PALISADES BLVD TOMBSTONE TR FLO WER WA Y WILLO W LNSCARLET SKY JOJ OBA LN C ACTUS DR QUARTZ CT WINDYHILL DESERT FLOWER DR DEER TRAIL CT HO NE Y SU CK L E DR CT MARIPOSA STAGHORN DR GECKO CT DR WAX WING DAN CING SHADOW CANYON CT CT VIENTO CT CRESTVIEW DR ARISTA LN P ULV E C T V E N T U R A C T BEARS SIERRA ALEGRE DESERT CALLE LA FUENDA FL Y I N G B U T T E KERN CT C RIM S O N C A N Y O N WAYCHAPARRAL PEAR CT PALO BREACT CT WILDCAT LARK CT CARDINAL CT DR PRICKLY BUCKTHORN CT CENTURY DRYUCCA AGAVE BURK KIRK PEC KERCHIMERIDGE RIDGE E RO N BELL QUAILRIDGE NOOKTERN ROSA SANTA SANPAULOWOOD WO O D OAK TE A K PEPPER W OO DBOX VIDA VID A BOWSTRING AGAPE RICA BUENA PL LN LASER DR O LD TRAIL C T LA MONTANA DR INCA CIR DR MA ZAT ZAL ZAPATA DR CARMELITA RIDGE EAGLE RD C R EST EA G LE DR RO CK EAGLE CT EAGLE VIEW PL GLENVIEW DR GLENVIEW FINC H PLAYER A R M OU R CT PL WOODWIND PHEASANT PZ PART- DAWN OASIS NIGHTINGALE CA M- MISSION WARBLER DR ERPRISE M ALLARD TOWER GAM BEL FALCONPINTAILEIDERWIDGEON LN LN PINCU- C O IS ON CIR CROMWELLLN CIR HO RSE WA Y DR ROSETTAVANDALIA PIEDRA 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ARROWWEEDGRANDEBLVD SHILOH CHOCTAW CATAWBA SAN CARLOS LARONDA CT ALTA LOMA FLAT C LIF F T O P D U LL KNIFEDR BLVD BRA NTLEY DR EL PUEBLO PARKVIEW AVE MONTANA DRALMONT DR CAMBRIA HAMILTON WES T B Y DR AVENUE OF THE FOUNTAINS DEER HAWLEY CAYUGALN BLVD DR S A WIK PAMPAS EL SO BRANTE TEJON CALIENTE DR D R ALGONQUIN YAMU ESCALANTE HURONARMIJO DRSAN MARCUS VALLOROSO DEL LA L AJARA PASADA AG UIL AR CALAVERAS LARIAT CALICO VALLECITO B R E WOOD LOV E CT O LY M PIC LA C O STA C OURTSID E W AY WOOD DR D E U C ED R D EL SO L C ALLE DE L CALLE D E L MARATHON DR L O R M A LN TEPIC D R BUMBLEBEE PL MADRE DR C T DR HILLS CAVERN DR EL LAGO BLVD MIMOSA DR GLENPOINT DICKENSCT PL PANORAMA D R ALAMOSA DR ASPEN P AR A DO X ECHO HILL DR WAY CT DR T E A L FALCON TIOGA DR LN SAXON RAND D R MALTA DR QUINTO DR BOND DESERTSIOUX E AG LE WELLS CTTEE DR VALLEY DR DR ZEPH Y R DR DRZAHARIAS WELLS DR INDIAN DR PALMER CIR D E V LIN BARNES DR WAY NIBLICKHAGEN CIR DEM A RET DR CT FAIRWAY C YPRUS LEMA DR FIREBRIC K LN LUNAR NICKLAUS DR MO NT LITTLER INDIAN A UG USTA CT SARAZEN DR TELLER ROYAL IN C A A V E A M H URST MANGRUM REGENCY WALSH SPA R R O W SALIDA HAWK DR KIOWA WALAPAI CIR C TYAQUI SIROCCOD R TROJANCT PARLIN DR VISTA DR KIWANIS DR DR DR LAMPLIGHTER L AMONT DR COLONY D R ENT VERDE RIVER DR STEWART VISTA AVE SEGUNDO DES E RT S AG E LOST ARROW EL LAGO BLVD GUNSIGHT DR MONACODR ARROYO CHAMA ABBEY SU LLIV AN DR DR AVE DRMANITOU FOUNTAIN HILLSPL FREMERALD BAR D R DR DR JACKLIN DR CT CHERRY HILLS BLVD MIDDLECOFFDR NICKLAUS DR NELSON DR G REE NBRIER LN D R TECH STONE AVE LEODR DESP E RA DOLEO AXIS DRDR LAST TRAIL DR RED TR MOUNTAIN POW DER TREVINO DR GENOAWAYVENETIAN WAY APPIAN LN VENETIAN KEOTA DR WAYLNCHIPMUNK CIR ROCKY DR IN DIGO KINGSTREE DRCHOLLA DR SHION WAYBARREL CACTUS CIR O R G AN PIP E IRONWOOD DR THISTLE DR D R DR DR CHOLLA CHICORY SUMAC TWIN DEER RUN GREYSTONE DRDR TACONY WAY WHITESTONE TELEGRAPH S Y C A M O RE G ARL A N D D R W A YSUNDANCE B U FFA L O PINTO D R BLVD DR OCOTILLO BURRO WA Y IN DIA N P O NY PUMA DR M U S K R A T WAY WILD HORSE S U N B U R ST D R BRONCO SYCAMORE LOTUS LN V E RBEN A DR WINCHESTER BUCKING RIDGEWAY DR MUSTANG S P OTTED S A G E WYND DR E A S T RID G E L N GRANDVIEW DR COPPER- GRAYTHORNWAY CACTUS DR D R PEAKVIEW CT SUNDOWNS A GEB R U S H CT SUNRIDGE STAGHORN CREOSOTE CIR JAGGED CIRRUS C T AERIE CLIFF McDOWELL MTN RD DR MCMAHAN WESTBY DR VIEW DR INDIGO HILL DR TERRA TR DRVERMCT TWILIGHT PKWY AZURE CT MOUNTAIN CENTENNIAL PEAK DR DR DESERT ROSE ROSEMONT CT REDR O C K DR CTKINO HILLSIDE DR VISTA CT RIDGEVIEW CT VISTA DR MESA MOCHOS CT VILLA PL RHOADS CT J A C K R A B BIT LN SUNFLOWER DR ROADRUNNER DR C A CTU S W R E N RIDGE CROWN STARDUST DR V E R D E DR CT WATER EDGE- WESTRIDGE DR DEL SOL SIERRA CT P RESIDIO VA LV E R D E D R N OR T ESIERRA VIST A DR DR SUNRIDGE LO N G F E ATH ER SANDSTONE CROWN MOUNTAIN MAJESTY BLVD HILL LOOKOUT LEDGE RIDGE SU N SET WAY CRESTED TALON TR C A N YO N BROKEN BOW SOLITUDE S UMMER SHIMMERING VIEW LONGFEATHER CANYON 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DESERT TR OCOTILLO LARK-RD SPUR CHARTER OAK DR WETHERSFIELD RD SKYLINE DR MOUNTAIN VISTA CT SONORA VISTA VALLEY VISTA DR YAVAPAI RD MOHAVE RD DR LOS MOURNING DOVE DR PRARIE DOG WAY L A P A L OM A P L DESERTCOYOTE WAY CO YOTE C T BIGHORN PKWY BORREGO TR WHITEWING CT M OU N T AIN PKWY LONE W OLF TR DESER T FOX PKW YZORRA VISTA DEL M O NTE TR TORTOISE WAY PALATIAL DRPALATIALCIR SAGUAROSCT RING TAIL TR DIAMONDBACK TR DIAM O NDBACK CT GREY O WL TR JAVELINA CT JA VELINA TR DAVENPORT DR 143 R D W AY KEITHBLANCA NORTHSTAR DR WEST WIND C T STONE HAWKEYE WAY PROSPECT TR TERRITORY BUCKBOARD CT CAMPSITE CT VIEW TR TR PL RIDGESTON E SUMMIT STAR TR T R LN DR DR LN DR D R VIEW DR CENTER LN E A G L E RID G E D RIV E H AR MONY LN HIG H LA N D VALE N CIA D R CREST DR AD E RO C ANY ON DR AVE SONORA PREPARED FOR: Town of Fountain Hills Fountain Hills, Arizona 85268 16705 E. Avenue of the Fountains PREPARED BY: Public Works Department Phone: 480.816.5133 Suite 175 Phoenix AZ 85016 2575 E Camelback Rd Architect: Gensler PROJECT SITE T: 602.523.4900 Suite 275 Scottsdale AZ 85251 7135 E Camelback Rd MEP: Energy Systems Design T: 480.481.4900 Suite 131 Mesa, AZ 85210 1001 W Southern Ave. Civil Engineer: Kimley-Horn T: 480.710.3875 GILBERT RD WARNER RD DYNAMITE BLVD17 10 COUNTRY CLUB DR 60 GLENDALE RD CAREFREE HWY 51ST AVE 75TH AVE CAVE CREEK RD 10 SHEA BLVD MC DOWELL MOUNTAIN PARK SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY FORT McDOWELL YAVAPAI NATION CI T Y O F S C O T T S D A L E PEORIA GLENDALE CAVE CREEK CAREFREE AVONDALE CHANDLER GILBERT APACHEJUNCTION FOUNTAIN HILLS 0 0.5 1.0 SCALE IN MILES 0.25 26272829 23222120 14151617 1110987 456 BY: BY: N.T.S. N.T.S. IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS OF THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING THE PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, THE DUTY OF THE ENGINEER TO CONDUCT CONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE A REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES, IN OR NEAR THE CONSTRUCTION SITE. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITY LINES SHOWN, AND ALL OTHER LINES NOT OF RECORD OR NOT SHOWN ON THESE DRAWINGS BY VERIFICATION OF THEIR LOCATION IN THE FIELD PRIOR TO THE INSTIGATION OF THE ACTUAL PORTION OF THEIR WORK ATTRIBUTED TO THEIR LOCATION THE QUANTITIES SHOWN ON THESE PLANS ARE FOR INFORMATION PURPOSES ONLY AND NOT TO BE USED FOR BIDDING OR CONSTRUCTION PURPOSES. SHARRON GRZYBOWSKI PEGGY McMAHON VICE MAYOR GINNY DICKEY ALLEN SKILLICORN GERRY FRIEDEL BRENDA KALIVIANAKIS ALL WORK UNDER THE BUILDING PERMIT SHALL BE DONE IN ACCORDANCE WITH THE LATEST REVISION OF THE MARICOPA ASSOCIATION OF GOVERNMENTS UNIFORM STANDARD SPECIFICATIONS AND DETAILS (MAG SPECIFICATIONS AND DETAILS), TOWN OF FOUNTAIN HILLS SUPPLEMENT TO THE MAG SPECIFICATIONS AND DETAILS, ARIZONA DEPARTMENT OF TRANSPORTATION CONSTRUCTION STANDARDS AND STANDARD SPECIFICATIONS, AND MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. WORK UNDER THE BUILDING PERMIT SHALL ALSO BE DONE IN ACCORDANCE WITH TOWN OF FOUNTAIN HILLS ADOPTED CODES, INCLUDING 2018 INTERNATIONAL BUILDING CODE (IBC), 2017 NATIONAL ELECTRICAL CODE (NEC), 2018 INTERNATIONAL ENERGY CONSERVATION CODE (IECC), 2018 INTERNATIONAL FIRE CODE (IFC), 2018 FUEL GAS CODE (IFGC), 2018 INTERNATIONAL MECHANICAL CODE (IMC), 2018 INTERNATIONAL PLUMBING CODE (IPC), 2018 RESIDENTIAL CODE (IRC) WITH APPENDIX G, 2018 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1997 UNIFORM ADMINISTRATIVE CODE (AMENDED TO ADOPT IN PART ONLY, SECTION 304 AND THE REFERENCED TABLES 3-A THRU 3-H FOR THE PURPOSE OF DETERMINING FEES), AND 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. A NO-FEE RIGHT-OF-WAY ENCROACHMENT PERMIT ISSUED BY THE TOWN ENGINEERING DEPARTMENT SHALL BE REQUIRED FOR ALL WORK IN THE TOWN OF FOUNTAIN HILLS RIGHTS-OF-WAY. THE TOWN DEVELOPMENT SERVICES DEPARTMENT (480) 816-5100 SHALL BE NOTIFIED 48 HOURS PRIOR TO STARTING THE DIFFERENT PHASES OF CONSTRUCTION FOR SCHEDULING INSPECTIONS. ACCEPTANCE OF THE COMPLETED IMPROVEMENTS WILL NOT BE GIVEN UNTIL "AS-BUILTS" HAVE BEEN SUBMITTED TO AND APPROVED BY THE TOWN DEVELOPMENT SERVICES DEPARTMENT. GUTTERS SHALL BE WATER TESTED IN THE PRESENCE OF THE TOWN ENGINEERING DEPARTMENT TO INSURE PROPER DRAINAGE PRIOR TO FINAL APPROVAL BY THE TOWN ENGINEERING DEPARTMENT. EXACT POINT OF MATCHING, TERMINATION AND OVERLAY, IF NECESSARY, MAY BE DETERMINED IN THE FIELD BY THE TOWN ENGINEERING DEPARTMENT. NO JOB WILL BE CONSIDERED COMPLETE UNTIL ALL CURBS, PAVEMENT AND SIDEWALKS HAVE BEEN SWEPT CLEAN OF ALL DIRT AND DEBRIS AND ALL SURVEY MONUMENTS ARE INSTALLED ACCORDING TO THE PLANS. THE CONTRACTOR SHALL UNCOVER ALL EXISTING LINES BEING TIED INTO, TO VERIFY THEIR LOCATION. THE CONTRACTOR SHALL LOCATE OR HAVE LOCATED ALL EXISTING UNDERGROUND PIPELINES, TELEPHONE AND ELECTRIC CONDUITS, AND STRUCTURES IN ADVANCE OF CONSTRUCTION AND WILL OBSERVE ALL POSSIBLE PRECAUTIONS TO AVOID DAMAGE TO SAME. CALL Arizona 811. FACILITIES WHICH ARE NOT SPECIFICALLY LOCATED WITH ACTUAL VERTICAL AND HORIZONTAL CONTROLS, ARE LOCATED ONLY APPROXIMATELY AND TO THE BEST AVAILABLE KNOWLEDGE. EXISTING SURFACING SHALL BE REMOVED AS NECESSARY. SIDEWALKS WHICH FALL WITHIN OR ABUT THE R/W SHALL BE CONNECTED TO THE NEW WORK AS FOLLOWS: GRADED AREAS BEHIND THE CURB SHALL BE FREE OF ROCKS EXCEEDING 3" DIAMETER FOR THE TOP 3". PATCH ASPHALT AS NEEDED AT REMOVAL & CURB REPLACEMENT AREAS. THE DIMENSIONS AND ENGINEERING SCALE ON THE DRAWINGS ARE SUBSTANTIALLY CORRECT, HOWEVER THE CONTRACTOR SHALL NOT SCALE THE DRAWINGS TO CONSTRUCT THE IMPROVEMENTS. THE CONTRACTOR SHALL COMPLY WITH THE PROVISIONS FOR TRAFFIC CONTROL AND BARRICADING AS PER THE CITY OF PHOENIX TRAFFIC BARRICADE MANUAL, LATEST PRINTING. THE CONTRACTOR SHALL LOCATE EXISTING IRRIGATION, ELECTRICAL, SPRINKLERS, FEEDER LINES AND CONDUIT/SLEEVES PRIOR TO CONSTRUCTION. ALL IRRIGATION SYSTEMS SHALL BE IN GOOD OPERATING CONDITION PRIOR TO ACCEPTANCE BY THE TOWN ENGINEER. ANY GRASS OR OTHER LANDSCAPE FLORA REQUIRING WATERING DURING THE CONSTRUCTION PHASE IS THE RESPONSIBILITY OF THE CONTRACTOR. ANY GRASS OR FLORA WHICH DIES OR IS IRREPARABLY DAMAGED WILL BE REPLACED AT THE CONTRACTOR'S EXPENSE TO THE SATISFACTION OF THE TOWN ENGINEER PRIOR TO FINAL ACCEPTANCE OF ALL WORK. TRUNCATED DOMES SHALL BE SLAB TYPE, SET IN MORTAR, TERRA-COTTA COLOR. TEK-WAY DOME-TILES OR APPROVED EQUAL. 1. 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 7. HANNAH TOTH 15. RACHAEL GOODWIN DATEDAVID A. JANOVER, P.E., TOWN ENGINEER TOWN OF FOUNTAIN HILLS, ARIZONA DATEJUSTIN T. WELDY, DIRECTOR OF PUBLIC WORKS TOWN OF FOUNTAIN HILLS, ARIZONA 16. KEYMAP GENERAL NOTES VICINITY MAP TOWN OF FOUNTAIN HILLS, ARIZONA ENGINEERS NOTICE TO CONTRACTOR SAFETY NOTICE TO CONTRACTOR TOWN COUNCIL MAYOR COMMUNITY CENTER STORAGE ROOM INTERIM TOWN MANAGER APPROVAL APPROVAL UTILITY COMPANY CONTACT PERSON FOUNTAIN HILLS SANITARY DIST. FOUNTAIN HILLS FIRE DEPT. SALT RIVER PROJECT (POWER) CENTURY LINK EPCOR USA COX CABLE DAVE OTT DANA TROMPKE TRAFFIC MANAGEMENT TARA KEELING REVIEW LIAISON MIKE VIELMA (480) 816-5114 (480) 837-9444 (623) 328-3554 (602) 377-2295 (480) 768-4587 (602) 236-3752 SOUTHWEST GAS (480) 730-3855 SHEET INDEX SHEET INDEX - ALL Sheet Number Sheet Name Sheet Issue Date GENERAL G0.0 COVER SHEET 06.30.23 G0.1 PROJECT INFORMATION 06.30.23 G1.0 GENERAL NOTES 06.30.23 DEMOLITION - ARCHITECTURE D1.10 DEMOLITION PLAN 06.30.23 ARCHITECTURE / INTERIORS A1.10 ANNOTATION PLAN 06.30.23 ARCHITECTURE A3.00 BUILDING ELEVATIONS & SECTION 06.30.23 ARCHITECTURE A5.10 WALL & FOUNDATION DETAILS 06.30.23 A5.11 WALL & DOOR DETAILS 06.30.23 CIVIL 1 COVER SHEET 06.30.23 2 DEMOLITION PLAN 06.30.23 3 OVERALL SITE PLAN 06.30.23 4 GRADING AND DRAINAGE PLAN 06.30.23 MECHANICAL M1.0 MECHANICAL NOTES, LEGEND, AND SPECIFICATIONS 06.30.23 M2.0 MECHANICAL FLOOR PLAN, SCHEDULES, AND DETAILS 06.30.23 ELECTRICAL E0.1 ELECTRICAL NOTES AND DETAILS 06.30.23 E1.0 ELECTRICAL PLANS 06.30.23 E2.0 ELECTRICAL ONE-LINE AND PANEL SCHEDULES 06.30.23 Signed C E R T I F I CATE N O .REGIS T E R E D ARCHIT E C T A RIZONA, U .S .A. 37927 PATRICK K. M 06.30 . 2 3 July 5, 2023 E Ave of the Fountains N La Montana Dr NORTH SCOPE OF WORK APPLICABLE BUILDING CODES: 2018 INTERNATIONAL BUILDING CODE (IBC)2017 NATIONAL ELECTRICAL CODE (NEC)2018 INTERNATIONAL ENERGY CONSERVATION CODE (IECC)2018 INTERNATIONAL FIRE CODE (IFC)2018 INTERNATIONAL FUEL GAS CODE (IFGC)2018 INTERNATIONAL MECHANICAL CODE (IMC)2018 INTERNATIONAL PLUMBING CODE (IPC)2018 INTERNATIONAL RESIDENTIAL CODE (IRC) WITH APPENDIX G2018 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE1997 UNIFORM ADMINISTRATIVE CODE (AMENDED TO ADOPT IN PART ONLY, SECTION 304 AND THE REFERENCED TABLES 3-A THRU 3-H FOR THE PURPOSE OF DETERMINING FEES)1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS THE MARICOPA ASSOCIATION OF GOVERNMENTS (MAG) STANDARD SPECIFICATIONS AND UNIFORM DETAILS FOR PUBLIC WORKS CONSTRUCTION1994 EDITION OF THE UNIFORM BUILDING CODE (AS SHOWN ON AS-BUILTS) PER IBC TABLE 601 FIRE-RESISTANCE RATING REQUIREMENTS FOR BUILDING ELEMENTS (HOURS) BUILDING ELEMENT REQUIRED RATING PRIMARY STRUCTURAL FRAME:BEARING WALLSEXTERIOR:INTERIOR:NONBEARING WALLS & PARTITIONSEXTERIOR:INTERIOR:FLOOR CONSTRUCTION AND ASSOCIATED SECONDARY MEMBERS:ROOF CONSTRUCTION AND ASSOCIATED SECONDARY MEMBERS: 1 HRS 1 HRS1 HRS 0 HRS0 HRS1 HRS1 HRS BUILDING ADDRESS: ZONING: LOT NUMBER: OCCUPANCY TYPE: TYPE OF CONSTRUCTION: FIRE PROTECTION: BUILDING AREA: TENANT IMPROVEMENT AREA: SCOPE OF WORK: DEFERRED SUBMITTALS: SPECIAL INSPECTIONS: JURISDICTION: 13001 N LA MONTANA DRFOUNTAIN HILLS, AZ 85268 C-2 TO REMAIN 176-05-045A EXISTING MIXED USE OCCUPANCY GROUP A, B, E, FSCOPE OF WORK OCCUPANCY GROUP S-2 II-A (BASED OFF OF AS-BUILTS) FIRE ALARM AND SPRINKLER SYSTEM. 31,430 SF 391 SF EXISTING OUTSIDE SPACE TO BE CONVERTED INTO AN ENCLOSED CONDITIONED STORAGE SPACE WHICH INCLUDES NEW NON-RATED EXTERIOR WALL, NEW CONCRETE SLAB, REMOVING WINDOWS AND ONE DOOR AND INFILLING THE WALL TO MATCH ADJACENT EXISTING WALL, ADDING A NEW DOOR THAT WILL BE ACCESSED FROM THE EXTERIOR AND ADDING OPENINGS TO EXISITING EXTERIOR SCREEN WALL. FIRE ALARM AND SPRINKLER SYSTEM SPECIAL INSPECTIONS IF REQUIRED BY THE OWNER'S CONSULTANT FOUNTAIN HILLS NORTH PROJECT SITE GRAND AVE / US-60 I-10 I-17 303 101 202 I-10 87 8 9.3 10 391 SF Area S-2 - 1/300 2 A OUT OF SCOPE SCOPE OF WORK © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States As indicated 6/30/2023 9:19:43 AM Autodesk Docs://057.8355.000 - Fountain Hills Community Center/057.8355.000 - Fountain Hills Arch.rvt G0.1 PROJECT INFORMATION 057.8355.000 COMMUNITY CENTERSTORAGE ROOM TOWN OF FOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 VICINITY MAPPROJECT INFORMATION CODE INFORMATION LOCATION MAPEGRESS AND PLUMBING CALCULATIONS SCOPE OF WORK DOES NOT AFFECT THE EGRESS FOR THE PREVIOUSLY PERMITTED AREA. THE SPACE IN THE SCOPE OF THE WORK HAS AN INDEPENDENT EXTERIOR ACCESS AND DOES NOT REQUIRE EXITING THROUGH THE OTHER EXISTING FLOOR SPACES TO ACCESS THE PUBLIC RIGHT OF WAY. SCOPE OF WORK DOES NOT AFFECT THE PLUMBING REQUIREMENTS FOR THE PREVIOUSLY PERMITTED AREA. THE OCCUPANT LOAD OF THE STORY IS NOT INCREASED BY MORE THAN 20 PERCENT, THEREFORE PLUMBING CALCULATIONS WILL NOT BE REQUIRED. SCOPE OF WORK 06.30.2023 ISSUE FOR CONSTRUCTION Signed CE R T I F ICATE N O .REGIS T E R ED ARCHIT E C T A RIZONA, U .S .A. 37927PATRICK K. M 06.30 . 2 3 A. REVIEW GENERAL NOTES BEFORECOMMENCING WORK. B. SURVEY FIELD CONDITIONS AND VERIFY WORKIS BUILDABLE AS SHOWN. REFER TOMECHANICAL, ELECTRICAL AND FIRESPRINKLER DRAWINGS AND SPECIFICATIONSFOR DESIGN OF THESE SYSTEMS (DUCT SIZE,CIRCUITING, ETC.). CONTACT THE ARCHITECTIN WRITING FOR CLARIFICATION WHEREDISCREPENCIES BETWEEN MECHANICAL,ELECTRICAL AND FIRE SPRINKLER ITEMSOCCUR. IN CASE WHERE CONFLICTS ARISEBETWEEN THE LIGHTING AND THE DUCTWORK,THE GENERAL CONTRACTOR SHALL OBTAINWRITTEN CLARIFICATION FROM THEARCHITECT PRIOR TO PROCEEDING WITH THEWORK IN QUESTION OR ANY RELATED WORK. C. VERFIY FIELD CONDITIONS AND LOCATIONS OFELECTRICAL, MECHANICAL, PLUMBING ANDSTRUCTURAL ELEMENTS, IN ADDITION TOOTHER APPLICABLE ITEMS. ARRANGE ANDMODIFY NON-VISIBLE ITEMS TO ENSUREADEQUATE CLEARANCES FOR CEILING LAYOUTAS SHOWN BEFORE RELATED ELEMENTS ARECONSTRUCTED. IF THERE ARE QUESTIONSREGARDING THESE OR OTHER COORDINATIONPROBLEMS, THE CONTRACTOR SHALL OBTAIN AWRITTEN CLARIFICATION FROM THEARCHITECT PRIOR TO PROCEEDING WITH THEWORK IN QUESTION OR WITH RELATED WORK. D. VERIFY ACCESS PANEL LOCATIONS ANDSTYLES WITH ARCHITECT BEFORE LAYOUT OFWORK REQUIRING ACCESS. E. VERFIY CLEARANCE OF ALL CEILING ELEMENTSPRIOR TO INSTALLATION OF ADJACENTELEMENTS. CONTRACTOR SHALL FULLYCOORDINATE CLEARANCE WITH CEILING. GENERAL NOTES REFLECTED CEILING NOTES DEMOLITION NOTES A. COORDINATE DEMOLITION WORK WITHINTERIOR DESIGN DEMOLITION DRAWINGS. B. EXISTING CONDITIONS WERE TAKEN FROMORIGINAL DRAWINGS AND SITE VISITS. MAY NOTREFLECT EXACT "AS-BUILT" CONDITIONS. FIELDVERIFY EXISTING CONDITIONS PRIOR TO WORK.COORDINATE NEW WORK AND DEMOLITION W/OTHER DISCIPLINES EXISTING CONDITIONSPRIOR TO CONSTRUCTION. C. COMPLY WITH APPLICABLE LOCAL, STATE ANDFEDERAL CODES AND REGULATIONSPERTAINING TO SAFETY OF PERSONS,PROPERTY AND ENVIRONMENTAL PROTECTION. D. ERECT AND MAINTAIN DUSTPROOF PARTITIONSAS REQUIRED TO PREVENT SPREAD OF DUST,FUMES, AND SMOKE, ETC. TO OTHER PARTS OFTHE BUILDING. ON COMPLETION, REMOVEPARTITIONS AND REPAIR DAMAGED SURFACESTO MATCH ADJACENT SURFACES. E. PROVIDE ALL NECESSARY DEMOLITION PRIORTO CONSTRUCTION. IF DEMOLITION ISPERFORMED IN EXCESS OF THAT REQUIRED,RESTORE EFFECTED AREAS AT NO COST TOTHE OWNER. F. REMOVE FROM SITE DAILY AND LEGALLYDISPOSED OF REFUSE, DEBRIS, RUBBISH, ANDOTHER MATERIALS RESULTING FROMDEMOLITION OPERATIONS. G. FIRE AND LIFE SAFETY SYSTEMS TO REMAINOPERABLE DURING DEMOLITION. REMOVE FIREEXTINGUISHER CABINETS IN WALLS SCHEDULEDFOR DEMOLITION. MAINTAIN TEMPORARY FIREEXTINGUISHERS AT A DISTANCE REQUIRED BYADOPTED CODE DURING CONSTRUCTION.SALVAGE FOR POSSIBLE REUSE. H. REFER TO MECHANICAL, ELECTRICAL,PLUMBING & STRUCTURAL DRAWINGS FORADDITIONAL DEMOLITION INFORMATION FORTHOSE TRADES. I. EXISTING STRUCTURAL FIREPROOFING IS TOREMAIN UNDISTURBED, UNO. J. THE ARCHITECT HAS CONDUCTED NO TESTFOR, AND MADE NO DETERMINATION OF THEPRESENCE OR LACK OF ASBESTOS OR OTHERHAZARDOUS OR TOXIC SUBSTANCES ORPOLLUTANTS. K. LAYOUT DEMOLITION AND CONFIGURATION ISBASED ON OWNER PROVIDED PARTIALDOCUMENTS AND LIMITED FIELD OBSERVATION.ACTUAL CONFIGURATION MAY VARY ANDCRITICAL DIMENSIONS & EXISTING CONDITIONSSHOULD BE VERIFIED BY CONTRACTOR PRIORTO DEMOLITION. L. COMPLETE FINAL CLEAN UP AND WIPE-DOWN OFBUILDING AREAS AFFECTED BY DEMOLITIONWHEN WORK IS COMPLETE. M. PROVIDE AND MAINTAIN BARRICADES, LIGHTING,AND GUARDRAILS AS REQUIRED BYAPPLICABLE CODES AND REGULATIONS TOPROTECT OCCUPANTS AND OTHER WORKERS. N. COORDINATE WITH THE OWNER OF ANYRELOCATION OF (E) SERVICE LINES, SUCH ASWATER LINE, GAS LINE, DOMESTIC WATER, ETC. O. COORDINATE WITH THE OWNER ON COREDRILLING OR SLAB TRENCHING PER NEW WORK.DO NOT START WORK WITHOUT APPROVALFROM THE OWNER FINISH NOTES © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 6/30/2023 9:19:44 AM Autodesk Docs://057.8355.000 - Fountain Hills Community Center/057.8355.000 - Fountain Hills Arch.rvt G1.0 GENERAL NOTES 057.8355.000 COMMUNITY CENTERSTORAGE ROOM TOWN OF FOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 A. REVIEW DOCUMENTS, VERIFY DIMENSIONSAND FIELD CONDITIONS AND CONFIRM THATWORK IS BUILDABLE AS SHOWN. REPORTANY CONFLICTS OR OMISSIONS TO THEARCHITECT FOR CLARIFICATION PRIOR TOPERFORMING ANY WORK IN QUESTION. B. SUBMIT REQUESTS FOR SUBSTITUTIONS,REVISIONS, OR CHANGES TO ARCHITECT FORREVIEW PRIOR TO PURCHASES, FABRICATIONOR INSTALLATION. C. COORDINATE WORK WITH THE OWNERINCLUDING SCHEDULING TIME ANDLOCATIONS FOR DELIVERIES, BUILDINGACCESS, USE OF BUILDING SERVICES ANDFACILITIE. MINIMIZE DISTURBANCE OFBUILDING FUNCTIONS AND OCCUPANTS D. MAINTAIN EXITS, EXIT LIGHTING, FIREPROTECTIVE DEVICES, AND ALARMS INCONFORMANCE WITH CODES ANDORDINANCES. E. PROTECT AREA OF WORK AND ADJACENTAREAS FROM DAMAGE F. MAINTAIN WORK AREAS SECURE ANDLOCKABLE DURING CONSTRUCTION.COORDINATE WITH OWNER TO ENSURESECURITY. G. DO NOT SCALE DRAWINGS. WRITTENDIMENSIONS GOVERN. IN CASE OF CONFLICT,CONSULT THE ARCHITECT. H. OBTAIN AND PAY FOR PERMITS ANDINSPECTIONS REQUIRED BY PUBLICAUTHORITIES GOVERNING THE WORK. I. OWNER WILL PROVIDE WORK NOTED "BYOTHERS" OR "NIC" UNDER SEPARATECONTRACT. INCLUDE SCHEDULEREQUIREMENTS IN CONSTRUCTIONPROGRESS SCHEDULE AND COORDINATE TOASSURE ORDERLY SEQUENCE OFINSTALLATION. J. WHERE EXISTING ACCESS PANELS CONFLICTWITH NEW CONSTRUCTION, CONFIRMRELOCATION OF EXISTING PANELS WITHARCHITECT BEFORE PROCEEDING WITHWORK. K. DIMENSIONS ARE FROM FACE OF FINISH UNO.MAINTAIN DIMENSIONS MARKED "CLEAR".ALLOW FOR THICKNESSES AND MOUNTING OFFINISHES. L. DIMENSIONS NOTED "CLEAR" OR "CLR' MUSTALLOW FOR THICKNESS OF WALL FINISHESBE ACCURATELY MAINTAINED AND SHALL NOTCARRY MORE THAN 1/8" WITHOUT WRITTENAPPROVAL FROM ARCHITECT. M. DIMENSIONS MARKED +/- MEAN A TOLERANCENOT GREATER NOR SMALLER THAN 2 INCHESFROM INDICATED DIMENSIONS. NOTIFYARCHITECTS OF ANY DIMENSIONSEXCEEDING TOLERANCE & OBTAIN WRITTENAPPROVAL FROM ARCHITECT BEFOREPROCEEDING. N. "ALIGN" MEANS TO ACCURATELY LOCATEFINISHED FACES IN THE SAME PLANE. O. WORK SHALL BE ERECTED AND INSTALLEDPLUMB, LEVEL, SQUARE, TRUE AND INPROPER ALIGNMENT. P. MAINTAIN THE RATING OF EXISTING RATEDASSEMBLIES Q. PROVIDE CONTROL JOINTS AS NEEDED TOAVOID CRACKING ON WALLS AND CEILINGS.COORDINATE WITH ARCHITECT LOCATION A. ENSURE SURFACES TO RECEIVE FINISHES ARECLEAN, TRUE, AND FREE OF IRREGULARITIES.DO NOT PROCEED WITH WORK UNTILUNSATISFACTORY CONDITIONS HAVE BEENCORRECTED. B. PROTECT FLOORING FROM DAMAGE C. REPAIR EXISTING SURFACES TO REMAIN ASREQUIRED FOR APPLICATION OF NEWFINISHES. D. PAINT TO BE LOW V.O.C. 06.30.2023 ISSUE FOR CONSTRUCTION A ACCES ACCESSORY ACOUS ACOUSTIC(AL) AFF ABOVE FINISHED FLOOR AL ALUMINUM ALT ALTERNATE ANNUNC ANNUNCIATOR ANOD ANODIZED APPL APPLIANCE AUTO AUTOMATIC AVG AVERAGE B BD BOARD BLDG BUILDING BLKG BLOCKING BOLLD BOLLARD BRDLM BROADLOOM BU BUILT UP C CAB CABINET CEM CEMENT(ITIOUS) CER CERAMIC CLG CEILING CMU CONCRETE MASONRYUNIT COATG COATING COILG COILING CONC CONCRETE CONSTR CONSTRUCTION CONT CONTINUOUS(ATION) CONTR CONTRACT(OR) COV COVER CPT CARPET D DBL DOUBLE DEPT DEPARTMENT DES DESIGN(ED) DET DETAIL DF DRINKING FOUNTAIN DIA DIAMETER DIFF DIFFUSER DIM DIMENSION DISP DISPENSER DIV DIVISION DN DOWN DR DOOR DSCON DISCONNECT DWR DRAWER E (E)EXISTING ELAST ELASTOMERIC ELEC ELECTRICAL EMBED EMBEDD(ED)(ING) ENGR ENGINEER(ED) ENTR ENTRANCE EQ EQUAL EQUIP EQUIPMENT EXP JT EXPANSION JOINT EXPS EXPOSE(D) EXT EXTERIOR F FAB FABRICATION FD FLOOR DRAIN FE FIRE EXTINGUISHER FE&C FIRE EXTINGUISHER ANDCABINET FHC FIRE HOSE CABINET FIN FINISH FLDG FOLDING FLR FLOOR(ING) FPLC FIREPLACE FR FIRE RAT(ING)(ED) FRMG FRAMING FURN FURNITURE FWC FABRIC WALL COVERING FXD FIXED FXTR FIXTURE G GA GAUGE GC GENERAL CONTRACTOR GFRC GLASS FIBERREINFORCED CONCRETE GFRG GLASS FIBERREINFORCED GYPSUM GFRP GLASS FIBERREINFORCED PLASTER GL GLASS GR GRAD(E)(ING) GYP GYPSUM H HD HEAD HDWD HARDWOOD HDWE HARDWARE HM HOLLOW METAL HORIZ HORIZONTAL HP HIGH POINT HVAC HEATING, VENTILATING,AND AIR CONDITIONING I INFILTR INFILTRATION INFO INFORMATION ABBREVIATIONSGRAPHIC SYMBOLS ELEVATION INDICATION GLASS SYMBOL MASONRY COURSING WOOD VENEER STONE PB ML ES KS EL DDC DC DR H EH IA MS DR IC B B CR CAMERA CARD READER ELECTRIC DOOR BELL PUSH ELECTRIC DOOR BELL INTERCOM REMOTE DOOR RELEASE BUTTON MOTION SENSOR INTRUSION ALARM ELECTRIC DOOR HINGE ELECTRICAL DOOR HOLD OPENELECTRICAL DOOR RELEASE ELECTRICAL DOOR MONITOR CONTACTDOUBLE DOOR MONITOR CONTACTELECTRIC LOCKSET ELECTRIC KEY SWITCH ELECTRIC STRIKE MAGNETIC LOCKSET SECURITY DEVICES PANIC BUTTON V P J J AVT AV CTV T FW FA ST EQUIP TAG (REFER TO EQUIP SCHEDULE)WALL MTD FIRE ALARM STROBE FIRE ALARM PULL FIRE WARDEN STATION THERMOSTAT CABLE TV RECPT AV RECPT AV TROUGH ELECTRICAL JUNCTION BOX VOICE/DATA JUNCTION BOX SYS WORKSTATION PANEL POWER INFEED SYS WORKSTATION PANEL VOICE/DATA INFEEDCONDUIT STUB-OUT POWER CONDUIT STUB-OUT VOICE AND DATACONDUIT STUB-OUT A/V PLUG MOLD XX WALL MTD DEVICES LIGHT FIXTURES FLORESCENT LT FXTR FLORESCENT LT FXTR / EMERGENCY CIRCUIT EXIST LT FXTR TO BE REMOVED UNDER CAB FLORESCENT FXTR FLORESCENT STRIP FXTR FLORESCENT PENDANT FXTR RECES DOWNLT RECES ADJUSTABLE DN LT RECES WALL WASHER TRACK LTING SURFACE MTD LT FXTR WALL SCONCE LT SWITCH D DIMMER SWITCH MECHANICAL FXTRS RETURN AIR SUPPLY AIR CIRCULAR DIFFUSER LINEAR DIFFUSER EXHAUST FAN MS S FIN CLG HEIGHT SYMBOL GRID STARTPOINT SYMBOL MOTION SENSOR CLG MTD SPEAKER CLG MTD CAMERA CLG MTD SPRINKLER HEAD CLG MTD SMOKE DETECTOR E DENOTES EXISTING TO REMAIN R DENOTES EXIST TO BE RELOCATED ACCESS DOOR REFLECTED CLG xx xx xx xx xx CLG MTD STROBE LT ACOUS CLG AND GRID CLG HEIGHT CHANGE xx'-xx" xx'-xx" X'-X" AT1 CLG FINISH TAG CLG MTD EXIT SIGNS WALL MTD EXIT SIGNS - PARALLEL WALL MTD EXIT SIGNS - AV PVA PVD AV AV PP V P AV AV AV QUADRAPLEX RECPT COMBINATION DUPLEX & VOICE/DATA RECPT DUPLEX RECPT SINGLE RECPT COMBINATION QUADRAPLEX & VOICE/DATA RECPTSCOMBINATION DUPLEX, AUDIO VISUAL AND VOICE/DATA RECPTS COMBINATION QUADRAPLEX, AV & VOICE/DATA RECPTSVOICE/DATA RECPT DATA RECPT SYS WORKSTATION PANEL VOICE INFEED VOICE/DATA RECPT DATA RECPT FURN SYSTEM ELECTRIC PIGTAIL COMBINATION QUADRAPLEX, AV & VOICE/DATA RECPTS RAISED FLR BOX, COMBINATION POWER, VOICE/DATA, A/VRAISED FLR BOX, AV DUPLEX RECPT VOICE RECPT FURN MTD, POWER POLE AV RECPT SYS WORKSTATION PANEL POWER INFEED SINGLE RECPT QUADRAPLEX RECPT VOICE RECPT SINGLE RECPT DUPLEX RECPT QUADRAPLEX RECEPT COMBINATION DUPLEX & VOICE/DATA RECPTCOMBINATION QUADRAPLEX & VOICE/DATA RECPTSCOMBINATION DUPLEX, AUDIO VISUAL AND VOICE/DATA RECPTS COMBINATION POWER, VOICE/DATA CONDUIT STUB UP, AV CONDUIT STUB UP, POWER CONDUIT STUB UP, VOICE/DATA LEGEND OF COMMON SYMBOLS FLUSH FLR MTD, POKE THRU, DEVICES FURN SYS MTD DEVICES SURF FLR MTD DEVICES FLUSH FLR MTD DEVICES SURF FLR MTD, POKE THRU DEVICES POWER & COMM. CONT LEGEND OF COMMON SYMBOL MODIFIERS SECTION INDICATIONS ACOUSTICAL CEILING TILE ALUMINUM BRICK CARPET CONCRETE CONCRETE MASONRY UNIT CUT STONE EARTH FABRIC WRAPPED PANEL GLASS GRAVEL GYPSUM PLASTER INSULTATION (LOOSE OR BATT) INSULATION (RIGID) METAL PLYWOOD PRE-CAST PANELS SAND OR GROUT STONE WOOD (FINISHED ) WOOD (CONTINUOUS MEMBER) WOOD (INTERRUPTED MEMBER PLASTIC XX XX.XXX SIM A11.XX 1 1 1 NEW PARTITION EXISTING CONSTRUCTION TO REMAINEXISTING CONSTRUCTION TO BE DEMOLISHED EGRESS PATH PRIMARYEGRESS PATH SECONDARY SMOKE PARTITION 3 HR. RATED PARTITION4 HR. RATED PARTITION 2 HR. RATED PARTITION 1 HR. RATED PARTITION MILLWORK ABOVEMILLWORK COLUMN GRID LINES AND REFERENCE NUMBER COLUMN GRID REFERENCE NUMBER DETAIL NUMBER SHEET NUMBER DESCRIPTION OF SIMILAR OR OPPOSITE AREA TO BE DETAILEDLOCATION ON SHEET WHERE ELEVATION IS SHOWN DIRECTION OF ELEVATION INTERIOR AND EXTERIOR ELEVATION MARKER ROOM NAMEROOM NUMBER SHEETNOTE REFERENCE WALL TYPE REFERENCE DOOR REFERENCE NUMBER (REFER TO DOOR SCHEDULE) DOOR NUMBERDOOR TYPE | HARDWARE TYPE XX WINDOW REFERENCE NUMBER (REFER TO WINDOW SCHEDULE)MW01 MILLWORK REFERENCE NUMBER (REFER TO MILLWORK SCHEDULE)ELEVATION DATUM REFERENCE MATCH LINE SYMBOL ALIGN WITH ESTABLISHED / ADJACENT SURFACES REVISION REFERENCE NUMBERREVISION CLOUD DEPICTING AREA REVISED CONSTRUCTION +6" 0" XXXX X XXX XXXX NAME1234 01 A3A1 DOOR NUMBERDOOR TYPE ALIGN MATCH LINE SEE XX/XX 2 SHEET NUMBER WHERE ELEVATION IS SHOWN FIRE RATING FLOOR ELEVATION TRANSITION FEC WALL MOUNTED LIFE SAFETY EQUIPMENT AND DEVICESFIRE WARDEN STATION SYMBOLWALL MOUNTED FIRE ALARM STROBE SYMBOL FIRE ALARM PULL SYMBOLWALL MOUNTED, FIRE EXTINGUISHER CABINETWALL MOUNTED FIRE EXTINGUISHER WALL MOUNTED FIRE HOSE CABINETWALL MOUNTED FIRE VALVEWALL MOUNTED FIRE VALVE CABINET FINISH XXXX XXXX WALL FINISH TAGBASE FINISH TAG XXXX WALL FINISH TAG EXTENT OF FINISH TYP. XXXX SPECIAL FINISH TAG XXXX FLOOR FINISH TAG CHANGE IN FLOOR FINISH XXXX CEILING FINISH TAG NOTE: NOT ALL SYMBOLS REPRESENTED IN THE FOLLOWING DOCUMENTS INSTRUM INSTRUMENT(ATION) INSUL INSULATION INT INTERIOR INTLK INTERLOCK(ING) J JAN JANITOR K KIT KITCHEN L LAV LAVATORY LB POUND LL LEASE LINE LOUVER LOUVER LP LOW POINT LT LIGHT LVLG LEVELING M MAX MAXIMUM MECH MECHANICAL MEMB MEMBRANE MET METAL MEZZ MEZZANINE MFD MANUFACTURED MFR MANUFACTURER MIN MINIMUM MISC MISCELLANEOUS MLWK MILLWORK MOIST MOISTURE MOT MOTOR(IZED) MTD MOUNTED N NIC NOT IN CONTRACT NO NUMBER NTS NOT TO SCALE O OCC OCCUPANT OH OPPOSITE HAND OPNG OPENING(S) OPR OPERABLE ORNA ORNAMENTAL OVFL OVERFLOW OVHD OVERHEAD P PBD PARTICLE BOARD PEDTR PEDESTRIAN PLAM PLASTIC LAMINATE PLAS PLASTER PLSTC PLASTIC PLYWD PLYWOOD PNL PANEL POLYST POLYSTYRENE PORT PORTABLE PREFAB PREFABRICATED PREFIN PREFINISHED PRTECN PROTECTION PTN PARTITION R RDR READER RECES RECESS(ED) RECPT RECEPTACLE REF REFER(ENCE) REFL REFLECTED REFR REFRIGERATOR REQD REQUIRED RESIS RESIST(ANT)(IVE) RFG ROOFING RM ROOM RN ROOF DRAIN RO ROUGH OPENING S SCR SCRIBE SECUR SECURITY SF SQUARE FEET SGL SINGLE SHORG SHORING SIM SIMILAR SST STAINLESS STEEL STD STANDARD STL STEEL STRFR STOREFRONT STRUCT STRUCTURAL SURF SURFACE SUSP SUSPENDED SYS SYSTEM(S) T T&G TONGUE AND GROOVE THK THICK TLT TOILET TOS TOP OF STEEL TRAF TRAFFIC TRANS TRANSPARENT TRTD TREATED TYP TYPCIAL U UNDRLY UNDERLAYMENT UNO UNLESS NOTEDOTHERWISE UTIL UTILITY V VEH VEHICLE VERT VERTICLE VIF VERIFY IN FIELD W W/WITH W/O WITHOUT WC WATER CLOSET WD WOOD WDW WINDOW WT WEIGHT WTRPRF WATERPROOFING Signed CE R T I F ICATE N O .REGIS T E R ED ARCHIT E C T A RIZONA, U .S .A. 37927PATRICK K. M 06.30 . 2 3 (E) PARTITION TO REMAIN (E) DOOR TO REMAIN (E) DOOR TO BE REMOVED PORTION OF WALL TO BE REMOVED (E) WINDOW TO BE REMOVED (E) FLOORING TO BE REMOVED AREA NOT IN CONTRACT (E) CONSTRUCTION TO BE REMOVED (E) PARTITION TO REMAIN 8 9.3 10 A 06 08 03 08 08 08 8 9.3 10 5' - 6" 5' - 6" A 01 04 04 04 02 05 02 06 07 07 11' - 4" © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 1/4" = 1'-0" 6/30/2023 9:19:42 AM Autodesk Docs://057.8355.000 - Fountain Hills Community Center/057.8355.000 - Fountain Hills Arch.rvt D1.10 DEMOLITION PLAN 057.8355.000 COMMUNITY CENTERSTORAGE ROOM TOWN OF FOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 SCALE:1/4" = 1'-0" DEMO REFLECTED CEILING PLAN01SCALE:1/4" = 1'-0" DEMOLITION PLAN02 01 REMOVE DOOR AND FRAME. FILL AND FINISH TO MATCH ADJACENT. 02 REMOVE SEGMENT, VERIFY CUT WILL NOT GO THROUGH OPENINGS. CLOSE ANDFINISH TO MATCH ADJACENT. 03 ACOUSTICAL CEILING GRID AND TILE TO BE REPLACED AS NEEDED DUE TO WORKREQUIRED UNDER THIS CONTRACT. 04 REMOVE WINDOWS. FILL AND FINISH TO MATCH ADJACENT. 05 REMOVE GATE POSTS. EXTEND OPENING TO DIMENSION SHOWN. CLOSE AND FINISHTO MATCH ADJACENT. 06 EXISTING CANOPY STRUCTURE TO REMAIN, NO WORK REQUIRED. 07 AGGREGATE AND SOILS TO BE REMOVED FOR PLACEMENT OF NEW CONCRETE SLABAND SIDEWALK. 08 SEE ENGINEER'S DRAWINGS FOR FIXTURES AND DEVICES. 06.30.2023 ISSUE FOR CONSTRUCTION SHEET NOTES LEGEND Signed CE R T I F ICATE N O .REGIS T E R ED ARCHIT E C T A RIZONA, U .S .A. 37927PATRICK K. M 06.30 . 2 3 TYP. NEW PARTITION (E) CONSTRUCTION TO REMAIN (E) CONSTRUCTION TO REMAIN 8 9.3 10 A3.00 05 A3.0004 A3.00 03 02A3.00________________ 5' - 6" A 03 03 03 03 02 04 0101A5.11________________ A3.00 01 04A5.10________________ 0505 05 5' - 6 " 5' - 6 " EQUAL 11' - 4"EQUAL ________________03A5.10 8 9.3 10 02A3.00________________ A 01A5.11________________ 06 07 08 09 09 09090909 M © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 1/4" = 1'-0" 6/30/2023 9:19:38 AM Autodesk Docs://057.8355.000 - Fountain Hills Community Center/057.8355.000 - Fountain Hills Arch.rvt A1.10 ANNOTATION PLAN 057.8355.000 COMMUNITY CENTERSTORAGE ROOM TOWN OF FOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 SCALE:1/4" = 1'-0" CONSTRUCTION PLAN02 SCALE:1/4" = 1'-0" REFLECTED CEILING PLAN01 01 NEW INSULATED HOLLOW METAL DOOR AND FRAME, HARDWARE AND CARDREADER. 02 NEW WALL FINISHED TO MATCH ADJACENT WALL 03 INFILL OPENINGS TO MATCH ADJACENT CONSTRUCTION AND REFINISH ENTIREWALL FOR BOTH INTERIOR AND EXTERIOR SIDES. 04 NEW SLAB 05 FINISH END OF SCREEN WALLS WHERE SEGMENTS WERE REMOVED, MATCHADJACENT FINISH. 06 EXISTING CEILING TO BE REPAIRED AND REPAINTED. 07 ACOUSTICAL CEILING GRID AND TILE TO BE REPLACED AS NEEDED DUE TOWORK REQUIRED UNDER THIS CONTRACT. 08 EXISTING CANOPY STRUCTURE TO REMAIN, NO WORK REQUIRED. 09 SEE ENGINEER'S DRAWINGS FOR FIXTURES AND DEVICES. 06.30.2023 ISSUE FOR CONSTRUCTION SHEET NOTES LEGEND Signed CE R T I F ICATE N O .REGIS T E R ED ARCHIT E C T A RIZONA, U .S .A. 37927PATRICK K. M 06.30 . 2 3 NEW OPENING 5' - 6" A 04 06 05 02 NEW OPENING 5' - 6" A 02 04 05 06 8 9.3 10 02A3.00________________ 01 02 04 05 06 05 06 01 NEW OPENING 11' - 4" ________________02A5.10 A ________________01A5.10 8 9.3 10 02A3.00________________ 01 02 03 05 01 05 0606 © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 1/4" = 1'-0" 6/30/2023 9:19:39 AM Autodesk Docs://057.8355.000 - Fountain Hills Community Center/057.8355.000 - Fountain Hills Arch.rvt A3.00 BUILDING ELEVATIONS & SECTION 057.8355.000 COMMUNITY CENTERSTORAGE ROOM TOWN OF FOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 SCALE:1/4" = 1'-0" NORTH ELEVATION05 SCALE:1/4" = 1'-0" SOUTH ELEVATION04 SCALE:1/4" = 1'-0" WEST ELEVATION - SCREEN WALL03 SCALE:1/4" = 1'-0" SECTION02 01 NEW WALL TO MATCH ADJACENT WALLTHICKNESS AND FINISH. 02 EXISTING CANOPY STRUCTURE TO REMAIN, NOWORK REQUIRED. 03 NEW INSULATED HOLLOW METAL DOOR,HARDWARE AND CARD READER. 04 OPENINGS IN SCREEN WALL TO REMAIN. 05 INFILL OPENINGS ON THE BUILDING AND MATCHADJACENT FINISH. REFER TO DETAIL 4/A5.00 06 REFINISH EXISTING WALL FROM THIS LINE DOWN. SCALE:1/4" = 1'-0" WEST ELEVATION - BUILDING01 06.30.2023 ISSUE FOR CONSTRUCTION SHEET NOTES Signed CE R T I F ICATE N O .REGIS T E R ED ARCHIT E C T A RIZONA, U .S .A. 37927PATRICK K. M 06.30 . 2 3 LEVEL 010" ADJACENT SLAB PER CIVIL SYNTHETIC STUCCO SYSTEM ON INSULATION BOARD 09 24 00.H00GYPSUM SHEATHING 05 40 00COLD-FORMED METAL FRAMING 07 21 00THERMAL INSULATION 1/2" EXPANSION JOINT - BACKER ROD AND CAULK - TYP #5 BAR CONTINUOUS WITH 2" MIN. COVERAGE EMBED BOTTOM TRACK IN SEALANT 8" 8" 09 22 16.E01MECHANICAL FASTENER 07 92 00.A00JOINT SEALANT WEEP SCREED HILTI X-U 15 .157 DIAMETER X 3/4" LONG LOW VELOCITY POWDER ACTUATED DRIVE FASTENERS AT 24" O.C., ICC-ED, ESR 2269. SLAB ON GRADE OVER 4" COMPACTED AGGREGATE BASE 07 25 00.A00WEATHER BARRIER LEVEL 010" EXISTING WALL 1/2" EXPANSION JOINT - BACKER ROD AND CAULK - TYP 8" 8" SLAB ON GRADE OVER 4" COMPACTED AGGREGATE BASE 05 40 00COLD-FORMED METAL FRAMING 07 21 00THERMAL INSULATION 09 29 00.B07ABUSE-RESIS GYP BD 09 24 00.H00GYPSUM SHEATHING EXISTING WALL TO REMAIN SYNTHETIC STUCCO SYSTEM ON INSULATION BOARD 07 25 00.A00WEATHER BARRIER 07 92 00.A00JOINT SEALANT SCREED HILTI X-U 15 .157 DIAMETER X 3/4" LONG LOW VELOCITY POWDER ACTUATED DRIVE FASTENERS AT 24" O.C., ICC-ED, ESR 2269. 09 22 16.E01MECHANICAL FASTENER SYNTHETIC STUCCO SYSTEM ON INSULATION BOARD 09 29 00.B07ABUSE-RESIS GYP BD 05 40 00COLD-FORMED METAL FRAMING 07 92 00.A00JOINT SEALANT 07 21 00THERMAL INSULATION 07 25 00.A00WEATHER BARRIER 09 24 00.H00GYPSUM SHEATHING SCREED 09 22 16.E01MECHANICAL FASTENERHILTI X-U 15 .157 DIAMETER X 3/4" LONG LOW VELOCITY POWDER ACTUATED DRIVE FASTENERS AT 24" O.C., ICC-ED, ESR 2269. EXISTING WALL © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 3" = 1'-0" 6/30/2023 9:19:40 AM Autodesk Docs://057.8355.000 - Fountain Hills Community Center/057.8355.000 - Fountain Hills Arch.rvt A5.10 WALL & FOUNDATION DETAILS 057.8355.000 COMMUNITY CENTERSTORAGE ROOM TOWN OF FOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 SCALE:3" = 1'-0" FOUNDATION DETAIL AT NEW WALL02SCALE:3" = 1'-0" FOUNDATION DETAIL AT EXISTING WALL04 SCALE:3" = 1'-0" HEAD DETAIL AT NEW WALL01SCALE:3" = 1'-0" JAMB DETAIL AT NEW WALL03 06.30.2023 ISSUE FOR CONSTRUCTION Signed CE R T I F ICATE N O .REGIS T E R ED ARCHIT E C T A RIZONA, U .S .A. 37927PATRICK K. M 06.30 . 2 3 08 11 13.C00METAL ANCHOR 08 11 13.B00STEEL FRAME 2" 5/8" 07 92 00.A00JOINT SEALANT LINE OF HEADER ABOVE 07 92 00.A00JOINT SEALANT SYNTHETIC STUCCO SYSTEM ON INSULATION BOARD 09 29 00.B07ABUSE-RESIS GYP BD 08 11 13.A00STEEL DOOR JAMB SCREED 07 25 00.A00WEATHER BARRIER 08 11 13.B00STEEL FRAME 2" 5/8" 07 92 00.A00JOINT SEALANT SYNTHETIC STUCCO SYSTEM ON INSULATION BOARD 09 29 00.B07ABUSE-RESIS GYP BD 05 40 00COLD-FORMED METAL FRAMING 08 11 13.A00STEEL DOOR 07 21 00THERMAL INSULATION WEEP SCREED 07 25 00.A00WEATHER BARRIER NEW CONCRETE SLAB SYNTHETIC STUCCO SYSTEM BEYOND 08 71 00.D00THRESHOLD GRADE AS PER CIVIL DWGS 08 11 13.A00STEEL DOOR 08 11 13.B00STEEL FRAME BEYOND (EMBED IN SEALANT) 1/2" MAX. 1/2" EXPANSION JOINT - BACKER ROD AND CAULK - TYP INSIDE OUTSIDE EXISTING WALL 09 24 00.H00GYPSUM SHEATHING AL I G N F I N I S H SYNTHETIC STUCCO SYSTEM, APPLY PER MANUFACTURER'S MINIMUM REQUIREMENTS. EXTEND STUCCO TO FACE OF EXTERIOR WALL AND BLEND WITH EXISTING. PAINT TO MATCH. EXISTING WALL 07 13 26SELF-ADHERING SHEETWATERPROOFING 07 92 00.A00JOINT SEALANT 05 40 00COLD-FORMED METAL FRAMING 09 22 16.E01MECHANICAL FASTENERHILTI X-U 15 .157 DIAMETER X 3/4" LONG LOW VELOCITY POWDER ACTUATED DRIVE FASTENERS AT 24" O.C., ICC-ED, ESR 2269. © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 3" = 1'-0" 6/30/2023 9:19:41 AM Autodesk Docs://057.8355.000 - Fountain Hills Community Center/057.8355.000 - Fountain Hills Arch.rvt A5.11 WALL & DOOR DETAILS 057.8355.000 COMMUNITY CENTERSTORAGE ROOM TOWN OF FOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 06.30.2023 ISSUE FOR CONSTRUCTION SCALE:3" = 1'-0" HM FRAME JAMB02 SCALE:3" = 1'-0" HM FRAME HEAD03 SCALE:3" = 1'-0" DOOR THRESHOLD - CONC TO CONC04 SCALE:3" = 1'-0" OPENING INFILL DETAIL01 Signed CE R T I F ICATE N O .REGIS T E R ED ARCHIT E C T A RIZONA, U .S .A. 37927PATRICK K. M 06.30 . 2 3 VICINITY MAP N.T.S. BRYAN M.WRIGHT 62828 d DateSigne ..... .C ATEN O CIFITRE A ANOZIR,U A..S. s R seforPderetsige ionalEngine e r (Civi)l ..........// Expire 12 //31 25s 06 0223 FO U N T A I N H I L L S , A R I Z O N A 8 5 2 6 8 FO U N T A I N H I L L S C O M M U N I T Y C E N T E R CIVIL IMPROVEMENT PLANS 13001 N LA MONTANA DR FOUNTAIN HILLS, ARIZONA 85268 FOUNTAIN HILLS COMMUNITY CENTER FOR BENCHMARK FLOOD ZONE ENGINEER NOTICE TO CONTRACTOR AS-BUILT CERTIFICATION PROJECT NARRATIVE PROJECT INFORMATION QUANTITIES LEGAL DESCRIPTION TOWN OF FOUNTAIN HILLS APPROVAL BLOCK CITY OF FOUNTAIN HILLS GRADING AND DRAINAGE NOTES ’ ” ” ” ’ ” ” ” ” ’ ” ” LEGEND A DEVELOPER VICINITY MAP N.T.S. BRYAN M.WRIGHT 62828 d DateSigne ..... .C ATE N O CIFITRE A ANOZIR,U A..S. s R seforPderetsige ionalEngine e r (Civi)l ..........// Expire 12 //31 25s 06 3023 FO U N T A I N H I L L S , A R I Z O N A 8 5 2 6 8 FO U N T A I N H I L L S C O M M U N I T Y C E N T E R NORTH DEMOLITION NOTES VICINITY MAP N.T.S. BRYAN M.WRIGHT 62828 d DateSigne ..... .C ATEN O CIFITRE A ANOZIR,U A..S. s R seforPderetsige ionalEngine e r (Civi)l ..........// Expire 12 //31 25s 06 3023 FO U N T A I N H I L L S , A R I Z O N A 8 5 2 6 8 FO U N T A I N H I L L S C O M M U N I T Y C E N T E R NORTH SITE CALCULATIONS PROJECT INFORMATION DEVELOPER CIVIL ENGINEER PROJECT NARRATIVE VICINITY MAP N.T.S. BRYAN M.WRIGHT 62828 d DateSigne ..... .C ATE N O CIFITRE A ANOZIR,U A..S. s R seforPderetsige ionalEngine e r (Civi)l ..........// Expire 12 //31 25s 06 3023 FO U N T A I N H I L L S , A R I Z O N A 8 5 2 6 8 FO U N T A I N H I L L S C O M M U N I T Y C E N T E R NORTH GRADING AND DRAINAGE NOTES LEGEND DETAIL NO. 1 FOR TRUNCATED DOMES A NOTES: SECTION PLAN VIEW RAMP SIDEWALK RAMP - TYPE A A © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 057.8355.000 TOWN OFFOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 06.30.2023 ISSUE FOR CONSTRUCTION ENERGY SYSTEMS DESIGN7135 East Camelback RoadSuite 275Scottsdale AZ 85251P: 480.481.4900www.esdengineers.com Design Contact:Project # AS NOTED M1.0 MECHANICAL NOTES, LEGEND, AND SPECIFICATIONS COMMUNITY CENTER STORAGE ROOM T H S · 8 9.3 10 A T © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 057.8355.000 TOWN OFFOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 06.30.2023 ISSUE FOR CONSTRUCTION ENERGY SYSTEMS DESIGN7135 East Camelback RoadSuite 275Scottsdale AZ 85251P: 480.481.4900www.esdengineers.com Design Contact:Project # AS NOTED M2.0 MECHANICAL FLOOR PLAN, SCHEDULES, AND DETAILS COMMUNITY CENTER STORAGE ROOM 1 1 32 4 5 2 3 4 5 SPLIT SYSTEMREFRIGERANT PIPING DETAIL REFRIGERANT PIPING THRU ROOF DETAIL CONDENSING UNIT SUPPORT DETAIL © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 057.8355.000 TOWN OFFOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 06.30.2023 ISSUE FOR CONSTRUCTION ENERGY SYSTEMS DESIGN7135 East Camelback RoadSuite 275Scottsdale AZ 85251P: 480.481.4900www.esdengineers.com Design Contact:Project # NTS E0.1 ELECTRICAL NOTES AND DETAILS COMMUNITY CENTERSTORAGE ROOM 8 9.3 10 A 8 9.3 10 A © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 057.8355.000 TOWN OFFOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 06.30.2023 ISSUE FOR CONSTRUCTION ENERGY SYSTEMS DESIGN7135 East Camelback RoadSuite 275Scottsdale AZ 85251P: 480.481.4900www.esdengineers.com Design Contact:Project # 1/4" = 1'-0" E1.0 ELECTRICAL PLANS COMMUNITY CENTERSTORAGE ROOM © Gensler Date Description Project Name Project Number Description Scale Seal / Signature 2023 Tel 602.523.4900Fax 602.523.49492575 E Camelback RdSuite 175Phoenix, AZ 85016United States 057.8355.000 TOWN OFFOUNTAIN HILLS 13001 N La Montana DrFountain Hills, AZ 85268 06.30.2023 ISSUE FOR CONSTRUCTION ENERGY SYSTEMS DESIGN7135 East Camelback RoadSuite 275Scottsdale AZ 85251P: 480.481.4900www.esdengineers.com Design Contact:Project # 1/4" = 1'-0" E2.0 ELECTRICAL ONE-LINE AND PANELSCHEDULES COMMUNITY CENTERSTORAGE ROOM