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HomeMy WebLinkAbout2018.11.06.CCRM.AgendaPacketNOTICE OF MEETING s _ V REGULAR MEETING YFOUNTAIN HILLS TOWN COUNCIL ``gar is P-Tv Mayor Linda M. Kavanagh Vice Mayor Art Toiis Councilmember Sherry Leckrone Councilmember Dennis Brown Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine TIME: 5:30 P.M. — REGULAR SESSION WHEN: TUESDAY, NOVEMBER 6, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills wN 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. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. REGULAR MEETING 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh 2. INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center 3. ROLL CALL — Mayor Linda M. Kavanagh 4. MAYOR'S REPORT A. The Mayor will read a proclamation recognizing November 11, 2018, as Poland's Independence Day. 5. 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, (fi) ask staff to review a matter, or (ifi) ask that the matter be placed on a future Council agenda. 6. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. APPROVAL OF the minutes of the Special Meeting (Executive Session) of October 16, 2018 and the Regular Meeting of October 16, 2018. B. HEARING AND CONSIDERATION OF Liquor License Application submitted by Milton Michael Gabaldon, Owner of Parkview Tap House Bar & Grill located at 16828 E. Parkview Avenue B & C, Fountain Hills, for a Series 12 (Restaurant). C. CONSIDERATION OF approving the Second Amendment to Professional Services Agreement with the CK Group, Inc.; for traffic engineering services for an All -Way Stop and a median sidewalk at the Avenue of the FountainslVerde River intersection, in the amount of $4,770.77. D. CONSIDERATION OF Resolution 2018-58, abandonment of the 20' Public Utility and Drainage Easement on Plat 401-B, Block 3, Lot 13 (10211 N. Nicklaus Drive), as recorded in Book 155, Page 12 records of Maricopa County, Arizona, with stipulation. (EA2018-16) 7. REGULAR AGENDA A. CONSIDERATION OF Resolution 2018-61 approving an intergovernmental agreement with the Salt River Pima Maricopa Indian Community relating to Proposition 202 funding. B. CONSIDERATION OF appointing two (2) Planning and Zoning Commissioners for a two- year term beginning on November 7, 2018 until September 30, 2020. TOWN COUNCIL REGULAR MEETING AGENDA NOVEMBER 6, 2018 PAGE 2 C. Adero Canyon: i. PUBLIC HEARING to receive comments on Ordinance 18-13 amending the Town of Fountain Hills Town Code, Article 9, Section 9-5-3, by revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve. (Case #Z2018-05 ) CONSIDERATION OF Ordinance 18-13 amending the Town of Fountain Hills Town Code, Article 9, Section 9-5-3, by revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve. (Case #Z2018-05) iii. PUBLIC HEARING receive comments on Ordinance No. 18-14 amending the Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C, by revising provisions related to Permitted Uses within the Open Space Preservation (OSP) zoning district. (Case #Z2018-05) iv. CONSIDERATION OF Ordinance No. 18-14 amending the Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C, by revising provisions related to Permitted Uses within the Open Space Preservation (OSP) zoning district (Case #Z2018-05. V. CONSIDERATION OF Resolution 2018-56 approving the acquisition by gift of Parcel 9 in Adero Canyon consisting of approximately 82 acres to be added to the Fountain Hills McDowell Mountain Preserve as dedicated conservation open space. vi. CONSIDERATION of approving the issuance of an encroachment permit to allow cut grading and stabilization activities on approximately 1-112 acres of the Fountain Hills McDowell Mountain Preserve in specifically identified areas along the rear property lines of Parcels 5 and 67 in Adero Canyon. D. CONSIDERATION OF Resolution 2018-57 approving an Intergovernmental Agreement between the Town of Fountain Hills and the Fountain Hills Sanitary District for GIS and CAD Services. E. CONSIDERATION OF approving the Adero Canyon Parcel 2A Final Plat, a 13-lot single- family subdivision. F. CONSIDERATION OF ratifying THE Town Manager's emergency procurement authorization to contract with Stabilizer Solutions (2019-042), not to exceed $103,136, for emergency clean-up efforts at Golden Eagle Park. G. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding Fountain Hills Blvd. Shoulder Paving Project. 8. COUNCIL DISCUSSIONIDIRECTION 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: 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. TOWN COUNCIL REGULAR MEETING AGENDA NOVEMBER 6, 2018 10. ADJOURNMENT. AGENDA POSTED! Date Elizabe . Burke, Town lerk PAGE 3 The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. TOWN OF FOUNTAIN HILLS PROCLAMATION WHEREAS, the citizens of the City of Zamosc, Poland, and the Town of Fountain Hills, Arizona, USA, formed a Sister City relationship in June of 2014 and are committed to a partnership that promotes peace and prosperity through people -to -people exchanges and citizen diplomacy; and WHEREAS, a delegation from the Town of Fountain Hills traveled to Zamosc, Poland to officially establish the Sister City relationship and witnessed firsthand the beauty, culture, architecture, and hospitality of Poland; and WHEREAS, the Town of Fountain Hills recognizes the valuable contributions made by its distinguished citizens and Town employees who are of Polish heritage; and WHEREAS, Polish Americans throughout the State of Arizona and throughout the United States of America have a deeply rooted commitment to the values of family, faith, democracy, hard work and fulfillment of the American dream; and WHEREAS, Poland celebrates polish military heroes Tadeusz Kosciuszko and Casmir Pulaski, who helped secure the independence of the emergent republic during the Revolutionary War; and WHEREAS, Independence Day in Poland celebrates Poland's independence after 123 years of foreign occupation and portioned land; and WHEREAS, we celebrate the many contributions that Americans of Polish heritage have made to our nation's history and culture, we also reaffirm the strong ties between the United States and Poland. NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim the Town's recognition and celebration of Poland's Independence Day on November 11, 2018. DATED This 6"' day of November, 2018. AiN� o1 \lam r Linda Y4PCavanao r ATTEST: lizabet . Burke, Town erk 0 r, N t Meeting Date: 11/612018 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Submitting Department: Administration Staff Contact Information. Elizabeth A. Burke, Town Clerk, 480-816-5115; eburke@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving the Town Council Meeting Minutes from the Special Meeting (Executive Session) of October 16, 2018; and the Regular Meeting of October 16, 2018. Applicant: NA Applicant Contact Information: NA Owner: NIA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve List Attachment(s): Minutes of the Special Meeting of October 16, 2018, and Regular Meeting of October 16, 2018. SUGGESTED MOTION (for council use): MOVE to approve the consent agenda as listed Prepared by: Elizabeth A. Bu . Town Clerk 9/2018 Approved: Grady E. Miller M Hager 10/29/2018 Page I of 7 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 16, 2018 MINUTES 1. CALL TO ORDER — Mayor Linda M. Kavanagh Mayor Kavanagh called the Special Meeting of October 16, 2018, to order at 4:32 p.m. in the Fountain Conference Room. 2. ROLL CALL — Mayor Linda M. Kavanagh COUNCILMEMBERS PRESENT: Mayor Linda Kavanagh, Vice Mayor Art Tolis; Councilmembers Henry Leger and Alan Magazine. COUNCILMEMBERS ABSENT: Councilmembers Dennis Brown and Nick ❑ePorter. STAFF PRESENT: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; and Town Clerk Elizabeth A. Burke. 3. VOTE TO GO INTO EXECUTIVE SESSION Councilmember Leger MOVED to recess into Executive Session; SECONDED by Councilmember Magazine; passed unanimously. The Fountain Hills Town Council recessed into Executive Session at 4:32 p.m. 4. EXECUTIVE SESSION: Discussion or consultation for legal advice with the attorney or attorneys of the public body; and discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation, pursuant to A.R.S. §§38-431.03(A)(3) and (4), respectively, A. Adero Canyon Parcel 9 5. ADJOURNMENT The Fountain Hills Town Council reconvened into Open Session at 4:52 p.m. at which time the Special Meeting of October 16, 2018, was adjourned. TOWN OF FOUNTAIN HILLS Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 16, 2018 MINUTES 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh Mayor Kavanagh called the Regular Meeting of October 16, 2018, to order at 5:35 p.m. 2. INVOCATION — Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church There being no one present from Shepherd of the Hills Lutheran Church, Mayor Kavanagh asked for a moment of silence. 3. SWEARING IN of Sherry Leckrone as a member of the Fountain Hills Town Council At this time, Judge Melton swore in Councilmember Sherry Leckrone to the Fountain Hills Town Council. Councilmember Leckrone said that she was honored to be there and excited to get started. 4. ROLL CALL — Mayor Linda M. Kavanagh COUNCIL MEMBERS PRESENT: Mayor Linda Kavanagh; Vice Mayor Art Tolis; Councilmembers Sherry Leckrone, Henry Leger, and Alan Magazine. COUNCILMEMBERS ABSENT: Councilmembers Dennis Brown and Nick DePorter. OTHERS PRESENT: Town Manager Grady Miller; Town Attorney Aaron Arnson; Town Clerk Elizabeth A. Burke. 5. MAYOR'S REPORT A, The Mayor will read a proclamation declaring October 21 — 27, 2018, as 2018 Arizona Cities and Towns Week. Mayor Kavanagh read a proclamation declaring October 21 — 27, 2018, as 2018 Arizona Cities and Towns Week. B. The Mayor will read a proclamation declaring October 27, 2018, as Make a Difference Day in Fountain Hills. Mayor Kavanagh read a proclamation declaring October 27, 2018, as Make a Difference Day in Fountain Hills. TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 16, 2018 Page 2 6. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION by auditors, Heinfeld Meech & Co., to present the FY17-18 Comprehensive Annual Financial Report (CAFR) to Council. Mr. Miller explained that every year the Town undergoes an audit and this year Jennifer Shields and Joshua Jumper with Heinfeld Meech & Company were present to give a report. Mr. Jumper said that this audit was for the year ending June 30, 2018, and it included an Audit Opinion, Annual Expenditure Limitation Report, Management Letter, Report on Internal Control over Financial Recording, and the Independent Accountant's Report on HURF (Highway User Revenue Fund) Compliance. He said that the Audit Opinion of the CAFR was unmodified (or clear), which is the best opinion that can be received. Ms. Shields said that they did not have any issues. She said that there was a new accounting standard which was implemented early, and Craig had selected private placement debt which required a few new disclosures. They had no disagreements with management, and no consultations with other auditors regarding procedures. She said that they are required and bound by their own ethical code as CPA's and all of those were met. Ms. Shields said that there is a letter that will be coming to the Council later; it was drafted after the packet deadline. She said that they will find information about different controls that the town can put into place regarding fraud prevention measures. Council applauded staff for their work. It was noted that there was a lot of controversy during the recent campaign regarding the primary property tax where people said that the Town's finances were out of control and Council did not know what they were doing. B. UPDATE on Tourism and Implementation of the Tourism Strategic Plan. Mr. Miller said that tonight Council will receive an update from the Town's Communications and Marketing Coordinator, Grace Rodman-Guetter. He said that a year ago this was brought to the Council for review and adoption. In the past, some on Council have requested more matrices with regard to tourism, and that has been included. Ms. Rodman-Guetter reviewed a PowerPoint presentation (Exhibit A attached hereto and made a part hereof) which addressed: 2017 YEAR-END TOURISM INDUSTRY AND FY18 ADVERTISING CAMPAIGN PERFORMANCE $22.7 BILLION DIRECT TRAVEL SPENDING UP 6.7% SPENDING BY COMMODITY PURCHASED NORTH CENTRAL_ (ARIZONA) REGION DOMESTIC VISITOR PROFILE MARKETING BUYS TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 16, 2018 Page 3 Cubs Spring Training Advertisements Spring Training ROI Waste Management Phoenix Open Golf Tournament Phoenix Open ROl FIRST TIME MARKET ENDEAVORS Half -page ads in Phoenix Magazine An Amplified Story Campaign with Madden Media Expanded Digital Retargeting Campaign to Drive Traffic Terminal 4 Escalator Ad Spot in Sky Harbor International Airport Cactus League Insert Diamondbacks Spring Training FY17-18 CAMPAIGN PERFORMANCE GROWTH IN 2017 ONLINE RULES THE WORLD! Facebook Experiencefountainhills.org FUTURE Campaign Performance Measures Digital Retargeting AWARDS FY18-19 CAMPAIGN GRANTS WHAT'S NEXT FOR FY18-19 QUESTIONS? Staff was asked if they had numbers related to sales tax revenues and how that correlated to this information. Mr. Rudolphy said that he does have sales tax information, but not with him. He could provide it tomorrow. He said that the sales tax has been increasing at a 3% rate. Ms. Rodman-Guetter was congratulated for doing an amazing job and it was noted that the awards were well deserved. Discussion was held on the activities being provided in the Town. Mr. Miller said that staff has received the message that what is being provided should be what the community wants and they can determine that through surveys. 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. None 8. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 16, 2018 Page 4 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. APPROVAL OF Minutes of the Special Meeting (Executive Session) of October 2, 2018 and the Regular Meeting of October 2, 2018. B. CONSIDERATION OF Resolution 2018-58, abandonment of the 20' Public Utility and Drainage Easement on Plat 401-B, Block 3, Lot 11 (10225 N. Nicklaus Drive), as recorded in Book 155, Page 12 records of Maricopa County, Arizona, with stipulation. (EA2018-17) C. CONSIDERATION of approving a Special Event Liquor License Application for the Fountain Hills and Lower Verde Valley Museum and Historical Society fundraising dinner and to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ from 5:30 PM to 9:00 PM on Wednesday, March 27, 2019. Councilmember Leger MOVED to approve the consent agenda items 8-A through 8-C; SECONDED by Councilmember Leckrone; passed with a roll call vote: Councilmember Leckrone AYE Councilmember Magazine AYE Mayor Kavanagh AYE Vice Mayor Tolis AYE Councilmember Leger AYE 9. REGULAR AGENDA A. CONSIDERATION OF Contract C2019-08, award to Dixie Green Promotions for the Fountain Hills Farmers Market on the Avenue of the Fountains. Mr. Miller said that staff had put together a Request for Proposals (RFP) that went out this past summer for both a Farmers Market and an Arts on the Avenue. He said that the current operator for the Arts on the Avenue was starting to get questions from vendors so they will be working this year as a Special Event permit, but in the future it will be through a contract as well. He said that the two events will work together and appear to the public as one event. Recreation Manager Corey Povar said that in the past it had been held by several organizers and at the end of 2017, the organizer decided to step down. The Town decided to operate both events on a contractual basis versus a special event to allow the Town to maintain more control and provide a more robust market in general. He said that staff put out the RFP and received one proposal from Dixie Green Promotions. He said that in speaking with Ms. Green, she hopes to have 40 vendors by the middle of the market season. He said that it is a Thursday event from 11:00 a.m. to 5:00 p.m. beginning October 25, 2018, and ending the end of April, with some dates skipped for holidays and special events. TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 16, 2018 Page 5 It was noted that Dixie Green Promotions does a great job with other events throughout the state. Discussion was held on the need to address parking needs for such events. Councilmember Magazine MOVED to award the contract to Dixie Green Promotions for the Fountain Hills Farmers Market on the Avenue of the Fountains; SECONDED by Councilmember Leger; passed unanimously (5-0). B. CONSIDERATION OF First Amendment of Professional Services Agreement (C2018-080.01) with Kompan, Inc. in amount of $150,000 for the purchase of playground equipment in conjunction with the Four Peaks Park improvements. Community Services Director Rachael Goodwin briefly reviewed this item, noting that it was another grant with Kompan for playground equipment at the Four Peaks Park, but this was for the 5-12 year old age group. She then reviewed the site plan and proposed equipment. She said that this would not cover lighting at the playground, but if they are able to secure additional funding in the future, it may be something to be considered. Councilmember Leger MOVED to approve the first amendment of the PSA with Kompan, Inc. in the amount of $150,000 for the purchase of playground equipment in conjunction with the Four Peaks Park improvements; SECONDED by Councilmember Tolis; passed unanimously (5-0). C. REPORT ON action taken regarding lost pet signs. Mr. Miller said that back on September 4, 2018, Council heard from the primary group in Town responsible for helping find lost pets. He said that they had a discussion at that meeting about using 8.5 x 11" signs put on traffic control signs, and the problems related thereto. He said that staff was directed to meet with a group to find a solution, which was done. Mr. Miller said that they had a very productive meeting and they were able to come up with a sign prototype to be used by everyone that would be placed in the rights -of -way. Brief discussion was also held on the ability to utilize the Maricopa County Animal Control database to access animal owners' contact information. He said that there is a service available seven days a week where someone can call with an animal's license number and receive the owner's contact information. Mr. Miller said that the only other part of this equation is an amendment to the Town's Sign Ordinance which is a big undertaking and will take a lot of time. He said that staff plans to have that back before Council in the next six to nine months. TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 16, 2018 Page 6 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: None 11. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. Mr. Miller reported about the storm that occurred two weeks ago where the Town received close to three inches of rain in a short period of time. He said that the storm did a huge amount of damage at Golden Eagle Park by taking water from the golf course at Sunridge down through the washes and carrying sediment which was deposited on the ball fields. He said that three of the four fields were devastated. Additionally, the lower level of the restroom facility was where they stored the Gator and several mowers and they were all damaged from the water. He said that last week they had a company provide an estimate of $600,000 for repairs. He said that staff will be sharpening their pencils and trying to reduce this amount by separating the different aspects of the work. He said that it was not covered by insurance because it is located in the floodplain. He said that he heard a lot of complaints from residents, but with the amount of rain in such a short time, it was important to note that there was no water damage brought into homes. He said that staff would like to come back with a menu of options for consideration by the Council. He said that one of the areas they will have to address is possibly reverting some of their capital expenditures, because they cannot exceed the cap of expenditures in the budget. He said that there are two sources of possible funding —the $35 environmental fee fund and the capital improvement funds. He said that they have already been looking at the capital projects that had been funded in response to the Council's priorities. Staff will have a recommendation, but it will ultimately be a Council decision. Mr. Miller said that he did think they will need to have an engineering firm do a drainage study and make improvements to ensure this does not happen again. He said that the washes are inspected annually and ADEQ (actually ADWR) comes out and inspects the dams and washes. It was not a matter of negligence, but rather the amount of rain in the short period of time. Mayor Kavanagh reminded everyone that Saturday was Make a Difference Day in Town. 12. ADJOURNMENT. Councilmember Leger MOVED to adjourn; SECONDED by Councilmember Magazine; passed unanimously (5-0). TOWN COUNCIL REGULAR MEETING MINUTES OCTOBER 16, 2018 Page 7 The Regular Meeting of the Fountain Hills Town Council held September 18, 2018, adjourned at 6:52 p.m. ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk TOWN OF FOUNTAIN HILLS Linda M. Kavanagh, Mayor CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 16'h day of October, 2018. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of November, 2018. Elizabeth A. Burke, Town Clerk Meeting Date: 11]612018 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia Kukkola/Financial Services Technician (480)-816-5136 REQUEST TO COUNCIL: CONSIDERATION OF approving a LIQUOR LICENSE APPLICATION submitted by Milton Michael Gabaldon, Owner of Parkview Tap House Bar & Grill, located at 16828 E Parkview Avenue #B&C, Fountain Hills, AZ. This is for a series 12 (Restaurant). Applicant: Milton Michael Gabaldon Applicant Contact Information: 505-553-1802 Owner: Milton Michael Gabaldon Owner Contact Information: 505-553-1802 Property Location: 16828 E Parkview Avenue #B&C, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a liquor license application submitted by Milton Michael Gabaldon - Owner of Parkview Tap House Bar & Grill for submission to the Arizona Department of Liquor. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): NIA List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for council use): Move to approve LIQUOR LICENSE APPLICATION Page 1 of 2 Prepared by: jslo� H IA I -- Sonia Kukkola, Financial Services Technician 10/24/2018 Director's Approval: j 1�WJ4,k Craig Rudolph_ , Finance Directo 10/24/2018 Approved: Grady E. Miller, T wn Hager 10/24/2018 Page 2 of 2 State of Arizona Department of Liquor Licenses and Control ()o-c P� Created 09/17/2018 @ 02:28:38 PM Q05-te Q I0/ 3 f 1 , Local Gov_eming Body Report - --. _ - _�_cr�'-J -i_G' \q LICENSE Number: Type: Name: PARKVIEW TAP HOUSE BAR & GRILL State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 16828 E PARKVIEW AVENUE #B&C FOUNTAIN HILLS, AZ 85268 USA Mailing Address: 16828 E PARKVIEW AVENUE #B&C FOUNTAIN HILLS, AZ 85268 USA Phone: (480)837-4884 Alt_ Phone: (505)553-1802 Email: MILTONGABALDON@YAHOO.COM AGENT Name: MILTON MICHAEL GABALDON Gender: Male Correspondence Address: 16828 E PARKVIEW AVENUE #B&C FOUNTAIN HILLS, AZ 85268 USA Phone: (505)553-1802 Alt_ Phone: (480)837--4884 Email: MILTONGABALDON@YAHOO_COM OWNER Page i of 3 012 RESTAURANT TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing FR: Sonia Kukkola, RE: Financial Services Technician Attached is a Liquor License Application for staff review. 10/3/18 — LILIUUI LILCIIZ�C HpI.IIIL(JUUII Review the application, then mark or sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Parkview Tap House Bar & Grill, 16828 E Parkview Avenue #B & C, Fountain Hills AZ 85268 Applicant: Milton Michael Gabaldon Date(s) of Event: N/A Date Application Received: 9/19/18 Town Council Agenda Date: 11/6/18 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z Marissa Moore X Community Services Corey Povar X Development Services Bob Rodgers X Fire Department Jason Payne X Law Enforcement Capt. Brandimarte X Licensing Sonia Kukkola X Street Department Jeff Pierce X Attach report for denial or any recommendation requiring stipulations. �ptN TOWN OF FOUNTAIN HILLS H 40.0 ,�­v o TOWN COUNCIL AGENDA ACTION FORM `'�/1 ap4 \rh$t is AYt1 Meeting Date: 11/6/2018 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Public Works Staff Contact Information: Randy Harrel, Town Engineer; 480-816-5112; rharrel@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving the "Second Amendment to Professional Services Agreement" with the CK Group, Inc.; for traffic engineering services for an All -Way Stop and a median sidewalk at the Avenue of the Fountains[Verde River intersection, in the amount of $4,770.77. Applicant: Ogbonna Abarikwu/CK Engineering Applicant Contact Information: 16448 N. 40th Street, Suite A; Phoenix, Arizona 85032; Tele: 602-482-5884; Email: ckgroup@theCKgroup.com Owner: Town Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): The Town has an existing Professional Services Agreement (PSA) with the CK Group for traffic engineering services, which had been used for their currently underway improvements design at/near the Avenue of the Fountains (AOTF)/La Montana intersection (C-2017-087). With the increased traffic anticipated to come from the Park Place project, it is also anticipated that implementation of an All -Way Stop will be warranted and desired at the AOTF/Verde River intersection. Staff has prepared a draft All -Way Stop Signing and Striping Plan for the AOTF/Verde River intersection. But, the very wide median on AOTF creates a number of unusual traffic engineering concerns for All -Way Stop signing and striping. So, Staff has requested CK's technical review of this All -Way Stop Signing and Striping Plan. Additionally, the Town Manager has requested to incorporate a sidewalk connecting the two medians along AOTF at Verde River Drive into this plan set. A median -to -median sidewalk in the center of a traffic intersection also creates a number of unusual traffic engineering concerns. So, Staff has also requested CK's technical expertise regarding this sidewalk connection. Staff will prepare the construction drawings, incorporating CK's above comments and design, and CK will back -check their designs' correct incorporation into the plans. This Second Amendment to the above -noted PSA for traffic engineering services regarding the AOTF/Verde River intersection is for $4,770.77. Specifically, CK Group will: 1. Provide review comments on the Town's draft All -Way Stop Signing and Striping Plan. 2. Back -check the Town's incorporation of those comments into that plan. 3. Provide design sketches for the signing and striping to place a pedestrian cross -walk between the two medians on AOTF at this intersection. 4. Review and confirm that this concept is properly incorporated into the Town's plan. Page I of 2 The Public Works Director anticipates contracting the resulting construction work at this intersection using existing contracts. Risk Analysis (options or alternatives with implications): CK Group will provide technical traffic engineering expertise for this usual intersection situation; mitigating the Town's design risks. Fiscal Impact (initial and ongoing costs; budget status): The cost of this 2nd Amendment is $4,770.77. Budget Reference (page number): Capital Improvement Program; S6051; FY18-19 pages 384-5 Funding Source: Capital Projects Fund If Multiple Funds utilized, list here: NIA Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): nla Staff Recommendation(s): Staff recommends approval of this PSA Amendment. List Attachment(s): Intersection Map; 2nd Amendment to PSA; SUGGESTED MOTION (for council use): Move to approve the "Second Amendment to the Professional Services Agreement between the Town of Fountain Hills and the CK Group, Inc.". Prepared by: I Randy Harrel, Town Engin r 10/23/2018 Directo 's Approval: ow d, Justin e%, PublicVVorks Director 1/23/2018 Approved: r Grady E. Miller, Town Winfter 1012412037 Q,__)l Page 2 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE CK GROUP, INC. THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Second Amendment") is entered into as of November 6, 2018, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town') and The CK Group, Inc., an Arizona corporation (the "Contractor"). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement, dated February 23, 2017 (the "Original Agreement"), as amended by that First Amendment, dated June 5, 2018, for the Contractor to provide the Town with traffic and engineering analysis at the Avenue of the Fountains and La Montana Drive intersection (the "Services"). The Original Agreement and First Amendment are collectively referred to herein as the "Agreement." All capitalized terms not otherwise defined in this Second Amendment have the same meanings as contained in the Agreement. B. The Town has determined that additional Services, namely providing review and comment on the Town's draft All -Way Stop Signing and Striping Plan, among other things, from the Contractor are necessary (the "Additional Services"). C. The Town and the Contractor desire to enter this Second Amendment to extend the term of the Agreement, to define the scope of the Additional Services, and to provide for compensation to the Contractor for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: I . Term of Agreement. The term of the Agreement is hereby extended until March 5, 2019, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Scope of Work. The Contractor shall provide the Additional Services as set forth in the Scope of Work and Fee Proposal, attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay the Contractor $4,770.77 for the Additional Services, resulting in an increase of the aggregate not -to -exceed compensation amount from $74,350.01 to $78,120.78. 4. 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: Pierce Coleman PLLC 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: The CK Group, Inc. 16448 North 40th Street, Suite A Phoenix, Arizona 85032 Attn: 4gbonna Abarwikwu, Principal 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. 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. 4. 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. 5. Non -Default. By executing this Second Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 6. 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 Israeel. 7. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the Town pursuant to ARIZ. REV. STAT, § 38-511. [SIGNATURES ON FOLLOWING PAGES] t IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Amson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On 2018, 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] "Contractoe' The CK GROUP, INC. a(n) Arizona corpo on By: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On ` , 2018, ore me personally appeared VY , the of , a(n) ose identity was proven to me on the bas of satisfactory evidence to be the person who h /she claims to be, and acknowledged that he/she signed the above document on behalf of the Notary Public (Affix notary seal here) V¢HANOOSH HAYiAIAN NOTARY PUBLIC - ARQ NA MARICOPA COUN 4815-8635-2504 v.2 MY March 22, 20? TCires EXHIBIT A TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE CK GROUP, INC. [Scope of Work and Fee Proposal] See following pages. CK GROUP Ea�lsl®en & C alrucilon 1hpagerss August 23, 2018 Mr. Randy Harrel, PE, SE, RLS, CFM Town Engineer Town of Fountain Hills Development Services Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: AOTF at Verde River Drive — Review and Pedestrian Striping Concept Development Mr. Harrel, Thank you for requesting our services as referenced. It is our understanding that the proposed work will be added as a change order to the ongoing AOTF/La Montana Design Contract. Town desires that CK review the signing and marking plans prepared by the Town for the subject intersection as well as propose concepts for a pedestrian crossing connecting the two median islands at the subject intersection. Below is a summary of the work anticipated as part of this change order: 1. Provide review/comments on the Town's draft All -Way Stop Signing and Striping Plan dated August 13'h, 2018 for the AOTF/Verde River intersection. 2. Back -check the Town's incorporation of those comments into the plan. 3. Provide design sketch(es) for the signing and striping to place a pedestrian x-walk between the two medians on AOTF at the above intersection. (The Town will incorporate those measures into the above Signing and Striping Plan. 4. CK to review and confirm that the recommended pedestrian crossing concept is properly incorporated into the Town Signing and Striping Plan. A. Cost Estimate/Specification - Not included B. Specifications: - Not included Submittals: - Redlined Copy of Plans - PDF of Concept Drawings for proposed Pedestrian Crossing via Email Meetings: at Fountain Hills Town Hall: - One (1) Coordination Meeting It is anticipated that the proposed work effort will be completed within two (2) weeks from the receipt of a Notice to Proceed (NTP) from the Town. The estimated fee for the proposed services is $4,770.77. Please refer to Exhibit A — Derivation of Fee, which is attached herein. the CK Group, Inc. 16448 N. 401b Street, suite A Phoenix, Arizona 85032 _ P: 602.482.5884 1 F: 602 482.28851 Email: ckgroW theCKffgW.com Town of Fountain Hills —AOTF at La Montana Intersection Design Phase, AOTF at Verde River Dr CO Page 2 Cost associated with meeting(s) beyond those specified in the scope of work will be billed separately on a time and material basis. Thank you for allowing CK to assist on the proposed effort. Please do not hesitate to contact us should you have any question or comment. Respectfully, the CK Group, Inc. Ogbonna Abarikwu Principal the CK Group, Inc. 16448 N. 401h Street, Suite A Phoenix, Arizona 85032'�t�- - P: 602.482.58$4 1 F: 602 482.28$5 1 Email: cl ro�pC,'theCKgroup.com Meeting Date: 111612018 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel(cDfh.az.gov ; 480-816-5112 REQUEST TO COUNCIL (Agenda Language). CONSIDERATION OF Resolution 2018-58, abandonment of the 20' Public Utility and Drainage Easement on Plat 401-13, Block 3, Lot 13 (10211 N. Nicklaus Drive), as recorded in Book 155, Page 12 records of Maricopa County, Arizona. (EA 2018-16) Applicant: Brent P. Thorley Applicant Contact Information: 10211 N. Nicklaus Drive; Fountain Hills, AZ 85268; Cell. 480-586-7950 Owner: Same Owner Contact Information: Sarre Property Location: 10211 N. Nicklaus Drive Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the pre -incorporation 20' Public Utility and Drainage Easement at the rear of Plat 401-13, Block 3, Lot 13 (10211 N. Nicklaus Drive). (Note: Because this action will abandon the entirety of the existing easement on this lot without any stipulation, no map exhibit has been attached to the Resolution for this item.) All of the public utilities have approved of abandonment of this easement. Staff has reviewed the site to determine any on -site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owners of Lot 13 are required to pass the developed flows generated by the upstream lots across their property. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: NIA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Staff recommends approval of Resolution 2018-58, abandonment of the 20' Public Utility and Drainage Easement on Plat 401-B, Block 3, Lot 13. List Attachment(s): Resolution 2018-58 SUGGESTED MOTION (for council use): Move to adopt Resolution 2018-58, abandonment of the 20' Public Utility and Drainage Easement on Plat 401-B, Block 3, Lot 13. Page 1 of 2 prepared by: f ' Randy Harrel, Town Engineer 1011812618 Directorval: 's A RoberrRodgers, D pment Services Director 10/18/2018 Approved: 4 + , Grady E. Miller, To n Man er 1012312018 Page 2of2 RESOLUTION 2018-58 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE REAR PROPERTY LINE OF PLAT 401-B, BLOCK 3, LOT 13, (10211 N. NICKLAUS DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS, PAGE 12 (EA 2018-16) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means, and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easement, located at the rear property line of Plat 401-B, Block 3 Lot 13, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 12, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 61" day of November, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney AINLP L � z o� r �Z� that Is Ar.11 _-:;, 0"' Meeting Date: 11/6/2018 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Grace Rodman Guetter — Marketing & Communications Coordinator gguetter cgVh.az.gov 480-816-5165 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF Resolution 2018-61 approving an intergovernmental agreement with the Salt River Pima Maricopa Indian Community relating to Proposition 202 funding. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Section 12 of the Gaming Compact 2002 and A.R.S. §5- 601.02; Fountain Hills Resolution 2004-34 Staff Summary (background): Proposition 202 [Gaming Compact with the State of Arizona] was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02. This legislation allows for distribution of funds to be solicited by cities, towns, and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, which include public safety, mitigation of impacts of gaming, and the promotion of commerce and economic development. The Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns, and counties in the State of Arizona. Many non -profits also request this funding as "pass through dollars" from cities, towns, and counties to support programs within their communities. Because the legislation required that the funds be solicited by a municipality or county, the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass through for funds). A copy of the policy has been provided for reference. The Salt River Pima Maricopa Indian Community has awarded a total of $25,000 for FY 18-19 to the Tourism Division. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: NIA Budgeted; if No, attach Budget Adjustment Form: NA Page 1 of 2 Recommendations) by Board(s) or Commission(s): NIA Staff Recommendation(s): Adopt Resolution 2018-61. List Attachment(s): Resolution 2018-61 with attached Intergovernmental Agreement; Resolution 2004-34 (The Town's pass through policy); and the Salt River Pima Maricopa Indian Community award letter SUGGESTED MOTION (for council use): Move to approve the consent agenda as listed. Approved: Prep red b ., V C ra Rodman uetter,Awnmunications & Marketing oortldlnjto-r Grady E. Miller, T Manager L r Director's roval: ac aeGood n, ammuntty Services Director Page 2 of 2 RESOLUTION 2018-61 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY RELATING TO PROPOSITION 202 FUNDING ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills and the Salt River Pima Maricopa Indian Community relating to Proposition 202 funding for promotion of tourism and other public programs (the "Agreement") is hereby approved in substantially the form and substance attached hereto as Exhibits A, incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreements and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, on November 6, 2018. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney Contract No. 2019-054 INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY AND THE TOWN OF FOUNTAIN HILLS This Intergovernmental Agreement ("Agreement) is entered into by and between the Salt River Pima-Maricopa Indian Community ("SRPMIC"), a Federally -Recognized Indian Tribe, and the Town of Fountain Hills (the "Town"), pursuant to Section 12 Payment of Regulatory Costs, Tribal Contributions ("Section 12") of the SRPMIC and State of Arizona Gaming Compact 2002 ("Compact') and Article VII, § 1(h) of the SRPMIC Constitution and A.R.S. §5-601.02. RECITALS The SRPMIC and the Town may enter into an agreement with one another for the distribution of a portion of 12% of the SRPMIC annual contribution ("Contribution") under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5-601.02. 2. The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of SRPMIC to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian Tribes, as well as any person, association, partnership, corporation, government or other private entity. 3. The Town is authorized by A.R.S. § 1 I -951 through § 11-954 to enter into intergovernmental agreements with other governmental agencies including Indian Tribes. 4. The SRPMIC desires to convey to the Town a portion of its annual 12% local revenue -sharing contribution ("Contribution") required to be paid to local governments. NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the SRPMIC and the Town hereby mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution(s), as hereinafter defined. 2475916.2 2. Contribution: The SRPMIC shall provide the Contribution to the Town, in the amount of 525,000, following execution of this Agreement. The Contribution shall be used solely for the Town's tourism program. Total Disbursement: $25,000 3. Payment and Use of Funds. a. Use of Funds for PuEposes Other Than to Fulfill Agreement. The Town shall use the Contribution only for the express purpose contained herein. b. Inspection and Audit. To ensure compliance with this Agreement, the SRPMIC hereby reserves the right to inspect any and all records maintained by the Town with respect to this transaction upon seven (7) days prior, written notice to the Town. The Town shall allow the SRPMIC reasonable access to the records pertaining thereto. This section shall survive termination, cancellation, or revocations, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 4. Management of the Project. a. Use of Contributions and Recordkee in . The Town shall have responsibility for disbursing the Contributions to the recipients in amounts consistent with this Agreement. Within a reasonable time following receipt of the Contributions from the SRPMIC, the Town shall use the Contributions in accordance with applicable Town policies and procedures governing the use of funds. The Town shall keep and maintain records relating to this Agreement. b. [INTENTIONALLY LEFT BLANK.] 5. Notices. Any notice, communication or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given. For the SRPMIC-- Delbert W. Ray Sr., President Salt River Pima Maricopa Indian Community 10005 E. Osborn Road Scottsdale, Arizona 85256 2475916.2 2 For the Town: Grady E. Miller, Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 6. Transactional Conflict of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of Section 38-511, Arizona Revised Statutes. 7. Term and Termination of Agreement. a. Effective Date. This Agreement shall be effective on the date it is signed by the SRPMIC authorized representative. b. Term. This Agreement shall commence upon the Effective Date and shall terminate when the Contribution has been received and fully used by the Town, as specified in Section 2 of this Agreement. 8. Indemnification. a. Indemnification. Each party (as "Indemnitor") shall indemnify, defend, and hold hannless the other party (as "Indemnitee"), its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys, consultants and accountant fees or costs and expenses of whatsoever kind and nature (collectively referred to as "Claims"), but only to the extent that such Claims which result in vicarious/derivative liability to the other party resulting from or arising out of the negligence or willful misconduct of its employees or agents in performing the duties set forth in this Agreement. b. Severabilfty. This section shall survive termination, cancellation, or revocation whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case this paragraph shall remain in effect for each clairn and/or lawsuit filed thereafter, but in no event shall this paragraph survive more than five (5) years from the date of tennination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. a. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and 24759162 3 all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. C. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. d. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. e. Days. Days shall mean calendar days. f. Severability. In the event that any provisions of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, each party agrees to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. M. Non -Waiver of Sovereign Immunity. Nothing in this Intergovernmental Agreement shall be construed to waive the Sovereign Immunity of the SRPMIC. IN WITNESS WHEREOF, the Town has caused this Intergovernmental Agreement to be approved by the Town Council, executed by its Mayor and attested to by its Town Clerk, pursuant to the above stated powers and authority, and the SRPMIC has caused this Intergovernmental Agreement to be executed by the SRPMIC Council and attested to by its President. This Agreement is effective upon signature of a duly appointed representative of the Salt River Pima-Maricopa Indian Community. 2475416,2 4 IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, A Federally Recognized Indian Tribe: By:_ Name: Its: Date: 2475916.2 5 TOWN OF FOUNTAIN HILLS, an Arizona Municipal Corporation: Name: Linda M. Kavana Its: Mayor_ Date: ATTEST: Elizabeth A. Burke, Town Clerk APPROVAL OF SRPMIC ATTORNEY The undersigned attorney acknowledges that s/he has reviewed the above Agreement on behalf of the Salt River Pima-Maricopa Indian Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Salt River Pima-Maricopa Indian Community, Article VII, § 1(h). This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. General Counsel Date APPROVAL OF CITY ATTORNEY In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (1) s/he has reviewed the above Agreement on behalf of the Town of Fountain Hills and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. Aaron D. Arnson, Town Attorney 2475916,2 6 Date yTAIN TOWN OF FOUNTAIN HILLS 3 n TOWN COUNCIL n , V. AGENDA ACTION FORM .A,tk� A ti° Meeting Date: 11/612018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Robert Rodgers, rrod ers fh.az. ov, 480-816-5138 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF appointing two (2) Planning & Zoning Commissioner for a two (2) year term beginning on November 7, 2018 until September 30, 2020. Applicant: NIA Applicant Contact Information: NIA Owner. NIA Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: Council Rules of Procedure Staff Summary (background): The Town Council Executive Subcommittee reviewed five (5) applications requesting consideration to be appointed to serve on the Town of Fountain Hills Planning and Zoning Commission. The appointed two (2) applicants will serve a term beginning November 7, 2018 until September 30, 2020. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): None Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Subcommittee recommendations will be provided separately. List Attachment(s): None SUGGESTED MOTION (for council use): Move to appoint and to serve on the Town of Fountain Hills Planning and Zoning Commission for two year terms beginning November 7, 2018 until September 30, 2020. Prepared by: Paula Woodward, Executive Assistant 10/23/2018 Director's Ap rovat: Robert Rodgers, ev opment Services Director 10/23/2018 Approved: c dF Grady . Miller, Town NTSpaqer 8/23/2017 <2� Page 1 of t FAIN TOWN OF FOUNTAIN HILLS 0 irR TOWN COUNCIL Y�~ AGENDA ACTION FO RM �jrbat is AY'tio Meeting Date: 1116I2018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING to receive comments on ORDINANCE #18-13, amending the Town of Fountain Hills Town Code, Article 9, Section 9-5-3, by revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve. CONSIDERATION OF ORDINANCE #18-13, amending the Town of Fountain Hills Town Code, Article 9, Section 9-5-3, by revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve. PUBLIC HEARING to receive comments on ORDINANCE #18-14, amending the Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C, by revising provisions related to Permitted Uses within the Open Space Preservation (OSP) zoning district. CONSIDERATION of ORDINANCE #18-14, amending the Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C, by revising provisions related to Permitted Uses within the Open Space Preservation (OSP) zoning district. CONSIDERATION OF RESOLUTION #2018-56 approving the acquisition by gift of Parcel 9 in Adero Canyon consisting of approximately 82 acres to be added to the Fountain Hills McDowell Mountain Preserve as dedicated conservation open space. Case #Z2018-05 CONSIDERATION of APPROVING the issuance of an ENCROACHMENT PERMIT to allow cut grading and stabilization activities on approximately 1% acres of the Fountain Hills McDowell Mountain Preserve in specifically identified areas along the rear property lines of Parcels 5 and 6 in Adero Canyon. Applicant: Development Services Department and Toll Brothers Land Development Applicant Contact Information: Robert Rodgers, Development Services Director, rrodgers@fh.az.gov Owner: Town of Fountain Hills and Toll Brothers Owner Contact Information: Aaron Insco, Land Development Director, (ainsco@tollbrothersinc.com) Property Location: Fountain Hills McDowell Mountain Preserve & Parcel 9, Adero Canyon Related Ordinance, Policy or Guiding Principle: Promote environmentally friendly initiatives Staff Summary (background): Toll Brothers is requesting to be permitted to grade (cut) approximately 1.5 acres of the Fountain Hills McDowell Mountain Preserve that is adjacent to Adero Canyon parcels 5 and 6 in order to create adequate building pads for some house lots within those parcels. No portions of the house lots would cross the property lines (see grading exhibit in their proposal). The cut areas will be behind the rear yards of approximately eight proposed house locations in parcels 5 and 6. The majority of the cuts will not be visible from the Town's Trailhead. The cuts would be visible from inside the Adero Canyon development. In exchange for receiving an encroachment permit to grade these areas, Toll Brothers is proposing to gift Parcel 9 to the Town so that it may be added to the McDowell Mountain Preserve. Parcel 9 is approximately 82 acres in size, currently Page 1 of 3 Tall Brothers Preserve Grading & Adero Parcel 9 TC 11/612018 vacant, and is dedicated open space in the Adero Canyon development. The property has an Open Space Recreation (OSR) zoning designation. Parcel 9 is a long ridge line that begins at approximately the cul-de-sac in Parcel 7, running southward behind parcels 8 and 10 as well as behind the Copperwynd resort, and ending adjacent to the Sunridge Canyon Driving Range. The parcel is immediately south of the existing McDowell Mountain Preserve sharing it's northern boundary for approximately 4,704' and could be accessed via trail extensions from the preserve in the future if desired. Development Services and Community Services staff met with representatives of Toll Brothers on -site on September 18, 2018 in order to review the proposal and assess any potential issues or impacts that the proposed cuts would create. Additionally, staff reviewed the potential impacts of public access into Parcel 9 which might affect the new homeowners in Adero Canyon and some possible methods of mitigation such as small buffers were discussed. Staff believes that the grading encroachment will not be overly detrimental to the preserve as the area being affected is practically inaccessible from the trailhead or the preserve. Staff also believes that the addition of 82 acres of undeveloped natural desert to the preserve will be a positive addition to the town's open space as a whole. In order to accomplish these objectives, staff has determined that the Town Code and the Zoning Ordinance both must be amended to permit the grading encroachments. Attached Ordinance #18-13 amends the Town Code to allow the encroachments, and attached Ordinance #18-14 amends the OSP provisions of the Zoning Ordinance to allow the encroachments. Both amendments will require Town Council approval of any encroachments into the Preserve. Attached Resolution #2018-56 authorizes the acceptance of Adero Canyon Parcel 9 as dedicated open space to be added to the Preserve. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): The Planning & Zoning Commission voted at their regular meeting of October 25, 2018 to forward recommendations to approve Ordinances #18-13, #18-14, and Resolution #2018-56, as presented. Staff Recommendation(s): Staff recommends that Town Council approve Ordinance #18-13 amending Town Code, Section 9-5-3 as presented. Staff recommends that Town Council approve and Ordinance #18-14 amending the Zoning Ordinance, Section 9.02.0 as presented. Staff recommends approval of Resolution #2018-56 accepting Adero Canyon Parcel 9 to be included into the McDowell Mountain Preserve as presented. Staff recommends that Town Council authorize the issuance of an encroachment permit for cut grading of approximately 1.5 acres along portions of the boundary between Adero Canyon Parcels 5 and 6, and the McDowell Mountain Preserve as presented. List Attachment(s): Toll Brothers' proposal (3 pgs) Preserve & Parcel 9 Illustration (1 pg) ORD #18-13 (2pgs) ORD #18-14 (2pgs) RES #2018-56 with attachments (4 pgs) Page 2 of 3 Toll Brothers Preserve Grading & Adero Parcel 9 TC 111612018 SUGGESTED MOTIONS (for Council use): Move to approve ORDINANCE #18-13 amending the Town Code, Section 9-5-3 as presented. Move to approve ORDINANCE #18-14 amending the Zoning Ordinance, Section 9.02.0 as presented. Move to approve RESOLUTION #2018-56 accepting Adero Canyon Parcel 9 to be included into the McDowell Mountain Preserve as presented. Move to AUTHORIZE the issuance of an ENCROACHMENT PERMIT to allow approximately 1.5 acres of cut grading along portions of the boundary between Adero Canyon Parcels 5 and 6, and the McDowell Mountain Preserve as presented. Prepare --'RoOM Rod Development Services Director 9/2 52018 I;rp proval:al: obert odgers Dlelopment Services Director 9/25/2018 Approved: Grady E. Miller, To a ger Date Page 3 of 3 Told rothers Amerateik's Luxury Home Bu}lder" To: Bob Rodgers i Development Services Director Town of Fountain HIlls Re; Adero Canyon Grading Encroachment Agreement 9/11/2018 Mr. Rodgers, The proposed grading encroachment agreement totaling roughly 1.5 acres into lands currently owned by the Town of Fountain Hills, In exchange for the entirety of Adero Canyon Parcel 9 totaling over 82 acres, would deliver a critical extension of an incredibly Important asset for the Town and provide significant benefit to surrounding communities. We see the donation of Parcel 9, by Toll Brothers, beneficial to the town for the following reasons: A net Increase of over 8€3 acres of key Preserve land Preservation of pristine hillside & ridgelines for: Distant views throughout Town, from Shea Blvd, & the new Eagle Ridge Drive trailhead Wildlife habitat Continuity & connectivity of the Preserve to surrounding communities The 1.5 acres of land requested for grading encroachment within Parcels 5&5 of Adero Canyon, will have minimal Impact to the Town or Preserve because: • Minimal impacted area &immediately adjacent to proposed development • No functional use as screen or buffer to development • Not visible from outside the Immediate area ■ Doesn't serve any connectivity or continuity function to the greater preserve. This new, over 82 acres of preserved land would add vital continuity to the Fountain Hills Preserve and would forever preserve Important ridgelines & hillsides that are highly visible from Shea Blvd. and throughout Fountain Hills. The 1.5 acres of land required forgrading disturbance within Parcel 5&5 of Adero Canyon, while beautiful, holds little value to the greater community or to the Preserve due to its Immediate adjacency to the proposed new development. It serves no critical role as a buffer to development or value to the public aesthetically or practically. Parcel 9 however, will preserve pristine, highly visible hillsides in perpetuity and further expand the reach and connectivity of the Preserve Into the surrounding communities. Sincerely, OligA Oscar Dominguez Vice President land Developme New York Stock Exchnngc - Symbol TOL Corporate Office: 250 Gtbrahar Road, Horsham, PA 19044 (215) 938-8000 tollbrothers.com aPNi�fa�r/wpr H�gwle Pr/w 1/wlai�rr�N�ll /rw Owuw wgP�/suwu�s*)ilaw//PgwNw► irar Tarr lll/INI�f/P/eweec�e coon - � PARL� 7 ARMS sF12Eiry FARM 9 -G EA CS ,STD"'�--�. r`1 Ad+At?4ii �. 7- 4�c�a. � ELES,IMIiST 5F4 sro FOUNTAIN4J IL� .32 . MCDOWELL MOUNJAIN FARCEG3` PRESERVE.` PA}+CL - I f'ARCLi:Y r 513 ADERO .iZ. T SHADOW .CANYON � TRAIL AT - _r PARCEL 4 SRC :. PARCEL 6 PARCEL 3 OC, PARCEL 5 ADERC CAA PARCEL 2 PARCEL i ,f 6CtSTi'R:SAI.E MOUIv7AIN ' �TiFfbNF' FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE PARWEL8 PARCEL 9 AR � 90 RV- PARCEL-1 SRC -CA G+ CoPPetwm Lu z 7 Ito ` ORDINANCE 18-13 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, ARTICLE 9, SECTION 9-5-3, BY REVISING PROVISIONS RELATED TO THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE RECITALS: WHEREAS, the Town of Fountain Hills Town Code (the "Town Code") contains provisions pertaining to regulations governing activities within the Fountain Hills McDowell Mountain Preserve (the "Preserve"); and WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to have standards by which authorized individuals may install utilities, grade, landscape, or otherwise encroach into the Preserve; and WHEREAS, the Town desires to clarify the provisions relating to the general regulations governing activities within the Preserve to provide its citizens with a clear statement of the provisions applicable to those activities. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. That the Fountain Hills Town Code, Article 9, Section 9-5-3 Fountain Hills McDowell Mountain Preserve, is hereby amended to read as follows: 9-5-3 General Preserve Regulations The following are prohibited within the preserve. H. Destroying, damaging or removing any vegetative or mineral resource, including but not limited to any tree, shrub, wildflower, cactus or rock outcropping UNLESS SPECIFICALLY AUTHORIZED BY THE TOWN WITH AN ENCROACHMENT PERMIT GRANTED BY THE TOWN COUNCIL. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. ORDINANCE 18-13 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 61h day of November, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWE❑ BY: Grady E. Miller, Town Manager Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney ORDINANCE 18-14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 9, SECTION 9.02.C.6, RELATED TO PERMITTED ACTIVITIES WITHIN THE OPEN SPACE PRESERVATION ZONING DISTRICT RECITALS: WHEREAS, the Town of Fountain Hills Town Code and the Town of Fountain Hills Zoning Ordinance (the "Zoning Ordinance") each contain provisions pertaining to open space preservation; and WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to have a uniform set of standards by which authorized individuals may objectively determine whether a violation has occurred; and WHEREAS, the Town desires to clarify the provisions of the Zoning Ordinance to provide its citizens with a clear statement of the permitted activities relating to the Open Space Preservation (OSP) Zoning District; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9- 462.04, public hearings regarding this Ordinance were advertised in the October 3, 2018 and October 10, 2018 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on October 25, 2018, and by the Town Council on November 6, 2018. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein SECTION 2. The Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C.6, is hereby amended as follows: Chapter 9, Section 9.02.C. Open Space Preservation (OSP) Zoning District 6. Utility services, water tanks, and emergency access easements,_ GRADE, LANDSCAPE, OR OTHERWISE ENCROACH, but not including offices, wastewater treatment plants, generating stations, sib -stations, or similar structures, with specific approval of the Town Council WITH AN ENCROACHMENT PERMIT. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. ORDINANCE 18-14 PAGE 2 SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 6'' day of November, 2018. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney RESOLUTION 2018-56 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC PURPOSE; AUTHORIZING AND DIRECTING THE TOWN MANAGER, TOWN ATTORNEY AND TOWN CLERK TO TAKE ANY AND ALL ACTION NECESSARY AND TO SIGN ANY AND ALL DOCUMENTS, AND TO PAY ANY AND ALL COSTS OR FEES IN ORDER TO ACQUIRE REAL AND PERSONAL PROPERTY THROUGH GIFT; IDENTIFYING THE REAL AND PERSONAL PROPERTY AS OPEN SPACE OR OPEN AREAS; AND DECLARING AN EMERGENCY RECITALS: WHEREAS, beginning in August 1998, the Mayor and Council of the Town of Fountain Hills have adopted numerous Resolutions authorizing the acquisition of real property totaling approximately 740 acres for the purposes of open space lands or open areas within the Fountain Hills McDowell Mountain Preserve; and WHEREAS, the real and personal property described by this resolution will add approximately 82 acres of additional open space lands or open areas to the Fountain Hills McDowell Mountain Preserve. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That A,R.S. § 9-464 and A.R.S. § 464.01 define open space lands or open areas as areas characterized by great natural scenic beauty, or whose existing openness, natural condition or present state of the use would maintain or enhance the conservation of natural or scenic resources, and that the acquisition of interest in said lands is a public purpose for which public funds may be expended or advanced. Section 2. That the Town has identified a certain parcel of real property identified according to the replat of record in the office of the Maricopa County Recorder in Book 1220 of Maps, Page 28, as Adero Canyon, Parcel 9 and located in Section 6 of Township 3 North, Range 6 East, Gila & Salt River Base & Meridian, Maricopa County Arizona. Said parcel being approximately 82 acres in size and needed for the purpose of connecting to other parcels, either already acquired by the Town or in the process of acquisition by the Town, for open space conservation by the Town. An approximate legal description of the 82 acres is attached as Exhibit A to this Resolution and a map depicting the 82 acres is attached as Exhibit B to this Resolution. Section 3. That the use of said real property for open space is a public use and in the best interests of the citizens of Fountain Hills. RESOLUTION 2018-56 PAGE Section 4. That the Town Manager, Town Clerk, and Town Attorney are hereby authorized and directed to acquire said real property by gift, and to do all acts and to sign all documents and pay all costs necessary to acquire said real property. Section 5. That the immediate operation of the provisions of this Resolution is necessary for the preservation of the public peace, health, safety and welfare of the citizens in that savings of time and expense are currently available to both the Town and property owners, and that the Council therefore declares an emergency to exist, and that this Resolution shall be in full force and effect from and after its passage by the Council, as required by law. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona this 6ch day of November, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney Exhibit A PARCEL ACQUISITION FINAL PLAT FOR ADERO CANYON, PARCEL 9 LEGAL DESCRIPTION Parcel 9 of Final Plat for Adero Canyon, Fountain Hills, Arizona, Book 1220 of Maps, Page 28, Official Records of Maricopa County, recorded on March 4, 2015, located in portions of Sections 7, 8 & 17, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. This parcel contains an area of 82.121 acres, more or less. TOWN OF FOUNTAIN HILLS PARCEL ACQUISITION EXHIBIT '"B" ADERO CANYON PARCEL 93 BOOK 1220, PAGE 28 MCR OWNER: TOWN OF FOUNTAIN HILLS APN 217-19�1= ADERO CANYON PARCEL 6 BOOK 1220, PAGE 26 ADERO CANYON ADERO CANYON �PARCEL2 PARCEL? BOOK 1220, PAGE 28 BOOK 122D, PAGE 40 SCOTTSDALE MOUNTAIN ESTATES UNIT ONE, PARCEL -A' BOOK 677, PAGE 14 SCOTTSDALE SHADOW CANYON AT SUNRIDGE CANYON BOOK 491, PAGE 28 OWNER TOWN OF FOUNTAIN HILLS APN 176.1E-002D ADERD CANYON 9 ADERO CANYON 1220.28 MCR PARCELS APN 217-69-108 BOOK 1220, PAGE 41 82.121 AC CANYON PARCE110 SUNRIDGE CANYON COMMUNITY ADERO CANYON BOOK 1220, ASSOCIATION PARCEL i PAGE 28 BOOK 406, PAGE 23 BOOK 1220, PAGE 39 APN 176-18-MG zoo' a $ I s I MAP BASED ON FINAL PLAT FOR 8 ADERO CANYON REPLAT, FOUNTAIN S SCALE 1-= DATE: 9-1 7-2018 HILLS, AZ, BOOK 1220, PAGE 28 MCR 10/18/2018 Adero Canyon Phase II Grading Encroachment & Land Donation aerial Site Plan & Grading Exhibit � aRcs JaTAt,,.H,� Adero Canyon Phase II Grading Encroachment & Land Donation �aat ie T� Sight Lines from the Trailhead . RoknoA LINE A _ APM0 CANYON - WAILHEAP R!P A .. LINE B C � PpkGeLS c� LINE C PARCELS 1 10/18/2018 Adero Canyon Phase II =� Grading Encroachment & Land Donation Views of Parcel 9 from Parce€ 8 a Ad e ro Canyon Phase 11 s _ Grading Encroachment & Land Donation rAa1 x ♦riao4 Recommendations: Approve Ordinance #18-13 Approve Ordinance #18-14 Approve Resolution #2018-56 i7 DRAFT TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION October 25, 2018 Chairman Dempster opened the meeting at 6:00 p.m ROLL CALL: The following Commissioners were present: Chairman Susan Dempster Vice -Chairman Eric Hansen, Commissioners: Mathew Boik, N'Marie Crumbie, Christopher Jones and Scott Schlossberg. Also in attendance were Bob Rodgers, Development Services Director, Marissa Moore, Senior Planner and Paula Woodward, Executive Assistant and Recorder of the minutes. Chairman Dempster requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC Chairman Dempster asked if there were any requests to speak and the Recorder Paula Woodward answered there were none. AGENDA ITEM # 1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED SEPTEMBER 13 2018. Vice -Chairman Hansen MOVED to APPROVE the meeting minutes dated Thursday, September 13, 2018 as written. Commissioner Schlossberg SECONDED and the MOTION CARRIED UNANIMOUSLY 6/0. AGENDA ITEM # 2 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #18-13, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE ARTICLE 9 SECTION 9-5-3 BY REVISING THE GENERAL REGULATIONS GOVERNING THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE. AGENDA ITEM # 4 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #18-14,_ AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 9, SECTION 9.02.C, BY REVISING PROVISIONS RELATED TO PERMITTED USE WITHIN THE OPEN SPACE PRESERVATION (OSP) ZONING DISTRICT. Chairman Dempster opened both public hearings at 6:03 p.m. Robert Rodgers, Development Services Director, reviewed the infonnation in the staff report on amending The Town Code and Zoning Ordinance pertaining to revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve and provided a PowerPoint presentation (available on-line or in the office of the Development Services Department). Mr. Rodgers explained that Toll Brothers is currently designing the Phase 11 parcels in Adero Canyon. Parcels 5 and 6 have presented challenges in grading because of slope steepness. Toll Brothers has requested that they be allowed to perform some cut grading along the rear property lines of eight lots. This grading would extend into the Fountain Hills McDowell Mountain Preserve and affect slightly less than one and a half acres. This would prevent Toll Brothers from having to re -design large areas in Parcels 5 and 6. The proposed cuts are south of the Town's Trailhead. A small portion of the affected areas will be visible from the trailhead. The cut areas will be visible from Parcels 5 and 6 from the house lots that back up to these areas. In exchange for permission to perform the grading on the Town's Preserve property. Toll Brothers Page 1 of 4 DRAFT offered to donate eighty-two acres (Parcel 9) to the Town so that it may be added to the preserve. Mr. Rodgers displayed slides showing the location of each Parcel. He said Parcel 9 is a large rugged ridge that begins at the cul-de-sac of Parcel 7 and runs southeasterly down behind Parcels 7, 8 and 10 until the Sunridge Canyon's private open space parcel which is adjacent to the Sunridge Canyon Golf Course driving range. Parcel 9 shares over four thousand, seven hundred feet along its northern boundary with the Preserve. The Town GIS Technician provided a cross-section view of the cut areas looking down from the Ramada at the trailhead. The cuts directly below the trailhead would not be visible. The cuts would be visible from the house lots backing up to them in Adero Canyon. Mr. Rodgers displayed photos of Parcel 9 taken from Parcel 8. The photos revealed a cleared area which actually was a proposed roadway stub from Parcel 8, MCO Properties had anticipated using the road for hillside custom homes on the original Adero Canyon proposal but Toll Brothers chose not to do this. In conclusion Mr. Rodgers said that currently both the Town Code and Zoning Ordinance specifically do not allow encroachments for anything other than the trail head and trail maintenance. The Ordinances #18- 13 and #18-14 would amend the Town Code and the Zoning Ordinance so that the Town Council would be authorized to grant encroachments for other activities within the Preserve. The granting of such encroachments would be during a public hearing process. The Resolution #2018-56 would accept the Parcel 9 gift and add it's eighty-two acres to the McDowell Mountain Preserve. The McDowell Mountain Preservation Commission (MMPC) forwarded a recommendation that this proposal be approved. Staff also recommends that the Planning and Zoning Commission forward recommendations to the Town Council to approve the two Ordinance amendments and Resolution 2018-56. Chairman Dempster asked the Commission for any comments or questions. Vice -Chairman Hansen remarked the land is zoned as a preserve. He asked if there are any sensitive habitat where the grading will occur. Mr. Rodgers replied, It's very steep hillside, about an acre and half. A habitat study was conducted prior to the Toll Brothers original approval. Nothing was discovered from the study. Commissioner Schlossberg asked if Parcel 9 was a viable development Mr. Rodgers said prior to Toll Brothers acquisition, MCO properties thought it was. Toll Brothers had it allocated as an open space. Vice -Chairman Hansen asked would future trades be possible if the ordinance is amended. Mr. Rodgers said if the ordinance is amended it would allow Council to do this in the future should something similar come along. Commissioner Boik asked if there is any cost to the Town. Mr. Rodgers said there is no cost except to record the deed. This is a trade for the grading_ Chairman Dempster asked if the McDowell Mountain Preservation Commission was consulted. Mr. Rodgers replied that the Parks and Recreation Director, Rachael Goodwin brought it before them and they forwarded for a recommendation approval. Chairman Dempster asked if there were any requests to speak and the Recorder Paula Woodward answered there were none. Page 2 of DRAFT Chairman Dempster closed the public hearing 6:12 p.m AGENDA ITEM # 3 — CONSIDERATION OF ORDINANCE #18-13 AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE ARTICLE 9 SECTION 9-5-3 BY REVISING THE GENERAL REGULATIONS GOVERNING THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE. AGENDA ITEM # 5 - CONSIDERATION OF ORDINANCE #18-14 AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 9 SECTION 9.02.0 BY REVISING PROVISIONS RELATED TO PERMITTED USES WITHIN THE OPEN SPACE PRESERVATION OSP ZONING DISTRICT. Chairman Dempster asked the Commission for any further comments and there were none. Vice -Chairman Hansen MOVED to forward a recommendation to the Town Council to APPROVE ORDINANCE #18-13, amending the Town Code, Section 9-5-3; Ordinance #18-14 amending the Zoning Ordinance Section 9.02.C; and Resolution # 2018-56 accepting Adero Canyon Parcel 9 to be included into the McDowell Mountain Preserve as presented. Commissioner Boik SECONDED and the MOTION CARRIED UNANIMOUSLY 6/0. A roll call vote was taken with the following results: Commissioner Boik Aye Commissioner Crumbie Aye Commissioner Jones Aye Commissioner Schlossberg Aye Vice -Chairman Hansen Aye Chairman Dempster Aye AGENDA ITEM # 6 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF None AGENDA ITEM # 7 - SUMMARY OF COMMISSION REQUESTS FROM DEVELOPMENT SERVICES DIRECTOR. None AGENDA ITEM # 8 - REPORT FROM SENIOR PLANNER. None AGENDA ITEM # 9 - ADJOURNMENT. Chairman Dempster adjourned the meeting at 6 :14 p.m. FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: Chairman Susan Dempster ATTEST: Page 3 of4 DRAFT Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 25' day of October, 2018 in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Paula Woodward, Executive Assistant Page 4 of 4 Meeting Date: 11/6/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION #2018-57 approving an Intergovernmental Agreement between the Town of Fountain Hills and the Fountain Hills Sanitary District for GIS and CAD Services. Applicant: Development Services Department & Fountain Hills Sanitary District Applicant Contact Information: 16705 E. Avenue of the Fountains Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): The IGA between the Town of Fountain Hills and the Fountain Hills Sanitary District will continue the collaboration between the Town and the Sanitary District in sharing GIS and CAD services under the conditions stipulated in the IGA. Services would primarily be utilized by the Sanitary District to update their sewer atlas. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of the Intergovernmental Agreement between the Town of Fountain Hills and the Fountain Hills Sanitary District for GIS and CAD Services. List Attachment(s): Resolution #2018-57 Proposed Intergovernmental Agreement SUGGESTED MOTION (for council use): Move to approve Resolution #2018-57 and enter into the Intergovernmental Agreement with the Fountain Hills Sanitary District for GIS and CAD services as presented. Page I of 2 Prepared X,b,,tdg , eveiopment Services Director 10/18/2018 Directo Approval: R ert rs, D ela ent Services Director 10/18/2018 Approved: r Grady E. Miller, T ana er 10/22/2018 Page 2 of 2 RESOLUTION NO. 2018-57 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FOUNTAIN HILLS SANITARY DISTRICT RELATING TO G.I.S. MAPPING AND C.A.D. SERVICES RECITALS: WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town") acknowledge the benefit of, and desire to participate in, a cooperative relationship with the Fountain Hills Sanitary District ("District"); and WHEREAS, the prior Intergovernmental Agreement between Town and District has expired; and WHEREAS, pursuant to A.R.S. §§11-951 et seq., the Town is authorized to enter into intergovernmental agreements for the provision of service or for joint or cooperative action. ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement between the Town of Fountain Hills and the Fountain Hills Sanitary District (the "Agreement"), in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 201h day of November, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney PHOENIX 77018-1 499071 v1 RESOLUTION 2018-57 EXHIBIT A TO RESOLUTION NO. 2018-57 [INTERGOVERNMENTAL AGREEMENT] See following pages. PHOENIX 77018-1 4990710 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS SANITARY DISTRICT FOR GIS MAPPING AND CAD SERVICES This Intergovernmental Agreement (this "Agreement" or "IGA") is entered into this 15th day of November, 2018 (the "Effective Date"), by and between the Town of Fountain Hills, Arizona, a municipal corporation of the State of Arizona ("Town") and the Fountain Hills Sanitary District, a political subdivision of the State of Arizona ("District"). Town and District shall be referred to herein individually as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the promises and consideration described herein, Town and District agree as follows: AGREEMENT I. PURPOSE: To share digital Geographic Information Systems ("GIS") data between District and Town and to use Town employees, equipment and materials to maintain GIS data and to perform GIS and Computer -aided Design ("CAD") services to assist District in the upkeep and maintenance of a series of maps that depicts the location of the District's sewerage facilities, including reclamation facilities (the "Sewer Atlas"), which Sewer Atlas includes property addresses and the size of sewer lines in Fountain Hills. 2. TERM: This Agreement shall commence on the Effective Date and its initial term shall terminate on June 30, 2019 and shall thereafter be automatically renewed from year to year, until terminated by either Party by giving no less than thirty (30) days written notice to the other Party or as otherwise pennitted by this Agreement. 3. SCOPE OF SERVICES: At the request of District, Town will provide the following services under this Agreement (collectively "Services"): a. A GIS Technician/CAD Operator employed by Town shall provide GIS and CAD services to District related to the upkeep and maintenance of the Sewer Atlas. b. To date, Town has created a CAD model, referred to as the "Sewer Atlas," which has been used by both District and Town for planning and permitting purposes. Town shall continue to update the CAD model and Sewer Atlas and, to facilitate the update process, District shall continue to provide Town with "redline" drawings showing the requested updates. C. Town shall print copies of pages of the Sewer Atlas, copies of any updates to same or any other copies of any other maps related to the Sewer Atlas. d. District will create a GIS dataset of its sanitary sewer facilities ("District GIS Sewer Data") and shall endeavor to update and maintain the District GIS Sewer Data but is not obligated to do so by this Agreement. Subject to Town securing any necessary permissions from any third party from whom District obtains data files and aerial imagery, District will provide Town a digital copy of the District GIS Sewer Data, once complete, to 1 Town for use in creating maps and for planning purposes. e. Subject to District securing any necessary permissions from any third party from whom Town obtains data files and aerial imagery, including Maricopa County, Arizona, Town will provide its GIS datasets, such as parcels, Town and District boundaries, streets, zoning, land use, occupancy, as well as other relevant GIS datasets useful to create maps for the long-term maintenance and planning efforts of District in providing service to its landowners (collectively "Town GIS Data"). f. Town agrees to consider any other related GIS/CAD work request made by District, and such additional work shall be included within the scope of this Agreement by written addendum signed by Town Manager and District Manager. 4. COMPENSATION: District agrees to compensate Town for services rendered by Town under this Agreement (the "Services"), which shall be annually budgeted and allocated by District from its general revenues, as follows: a. District shall pay Town for the Services at an hourly rate of $45 for each hour of the Services provided by a Town employee for District; provided, however, Town may, in its discretion, following the initial term of this Agreement alter the hourly rate from time to time by providing not less than sixty (60) days' written notice of the change to District. b. District shall bear the cost of labor and materials for providing copies to District. C. The Town employee or employees performing the Services shall keep track of the time spent on projects for District and shall bill District in half-hour increments, rounded to the closest half hour. d. Town shall provide District with an invoice for the Services and for materials used in the performance of the Services on a monthly basis, within thirty (30) days following the end of the month in which the work was performed. e. Town will not bill District for work required to correct errors made by Town related to Services previously requested by District according to this Agreement. L The funds contemplated to perform and pay for services under this Agreement shall be provided by Town and District by separate budget processes, except as otherwise provided herein. 5. PROJECT DELIVERY TIMING: The Services and any work product resulting therefrom will be due as agreed by the Parties. Town agrees that it shall work on District projects in a reasonably expeditious manner, but Town may delay such work for high priority Town projects, as determined in Town's sole discretion. When a District project must be delayed, Town shall notify District. 6. TERMINATION; CANCELLATION: Either Party may terminate this Agreement upon thirty (30) days" written notice to the other Party at the addresses indicated below and, upon such termination: a. All personal property, assets, equipment and supplies used by the Parties in performance of their responsibilities shall remain with or be returned to the owner of such 2 property; and b. If requested by District within sixty (60) days following termination, Town shall make available an electronic version of the Sewer Atlas to District or its designee and assist in installing and establishing a duplicate Sewer Atlas on another GIS/CAD system. Town shall charge the prevailing time and material rates at the time of termination for these post -termination services. This Agreement may also be canceled by any Party pursuant to the provisions of ARIZ. REV. STAT. § 38-511. 7. CONFIDENTIALITY: Town and District will make commercially reasonable efforts to safeguard confidential information (i.e., information, regardless of form, that is known to Town or District solely due to the negotiation or performance of this Agreement or is by law required to be maintained in confidential manner, including without limitation 16 C.F.R. Part 681 and ARIZ. REV. STAT. §§ 41-4172, 44-1373, 44-7501 and 44-7601, as applicable) against disclosure by employing the same means to protect such confidential information as that Party uses to protect its own non-public, confidential or proprietary information. 8. OWNERSHIP: a. District is and shall remain the owner of the Sewer Atlas and the District GIS Sewer Data, as well as all items submitted to Town to assist in the upkeep and maintenance of the Sewer Atlas and the District GIS Sewer Data. Except as expressly authorized by this Agreement for its own internal use, Town shall not copy distribute, reproduce or otherwise distribute the Sewer Atlas or the District GIS Sewer Data or the information thereon or supplied by District pursuant to this Agreement that is otherwise not available to Town in substantially the same form without the written consent of District unless otherwise required by law or administrative or court order. b. Town is and shall remain the owner of GIS and CAD layers prepared by Town, except for the Sewer Atlas and the District GIS Sewer Data, as well as all items Town submits to District to assist in the upkeep and maintenance of District's GIS and CAD layers. Except as expressly authorized by this Agreement for its own internal use, District shall not copy, distribute, reproduce or otherwise distribute the Town GIS Data or the information supplied by Town pursuant to this Agreement that is otherwise not available to District in substantially the same form without the written consent of Town unless otherwise required by law or administrative or court order. 9. AGREEMENT SUBJECT TO APPROPRIATION: Town and District understand that the provisions of this Agreement for payment of funds by District shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. District shall be the sole judge and authority in determining the availability of funds under this Agreement and District shall keep Town fully informed as to the availability of funding for the Agreement. The obligation of District to make any payment pursuant to this Agreement is a current expense of District, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of District. District shall not request Services be performed for which funds have not been appropriated by District Board. 10. INSURANCE: At all times during the term of this Agreement, the Parties shall 3 maintain at their own expense insurance policies, including commercial general liability and property insurance, to cover the risk of loss that may arise out of the terms, obligations, operations and actions as set forth in this Agreement. The Parties agree that existing insurance policies maintained by the Parties shall be presumed to satisfy this requirement. However, each Party will secure such additional coverage and add the other Party to existing policies as an additional insured if the other Party provides written notification that such action is deemed necessary to provide full and adequate coverage of risks that may arise out of the terms, obligations, operations and actions as set forth in this Agreement. The acquisition of insurance or the maintenance and operation of a self- insurance program may fulfill the insurance requirement. 11. INDEMNIFICATION: To the fullest extent permitted by law, each Party shall indemnify, and hold harmless each other, each other's agents, representatives, officers, officials and employees for, from and against all claims, damages, losses and expenses of third parties, including but not limited to attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions or mistakes related to the Services. The Parties' duty to indemnify and hold harmless each other, each other's agents, representatives, officers, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, caused by any negligent acts, errors, omissions or mistakes, related to the Services, excluding those arising from the negligent acts, errors, omissions or mistakes of the Party seeking indemnification or of its agents, representatives, officers, officials and employees. The Parties acknowledge and agree that the GIS and CAD layers prepared by Town and the Sewer Atlas and the District GIS Sewer Data prepared by District constitute approximate representation of both the types and location of the information displayed and are to be relied upon by the Parties for planning and permitting purposes only. Location of District facilities must be obtained through the District or the Arizona Blue Stake Center. 12. SHARED EMPLOYEE PROVISIONS: The State of Arizona provides certain rules in situations where public agencies share employees, as Town and District will do under the terms of this Agreement. An employee of either Party shall be deemed to be an "employee" of both public agencies wbile performing pursuant to this Agreement solely for purposes of ARIZ. REV. STAT. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits that may accrue. Each Party shall post a notice pursuant to the provisions of ARIZ. REV. STAT. § 23-1022 in substantially the following fonn: "All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of worker's compensation." 13. E-VERIFY: To the extent applicable under ARIZ. REV. STAT. § 41-4401, Town and District and their respective subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify 4 requirements under ARIZ. REV. STAT. § 23- 214(A). A Party's or a subcontractor's failure to comply with such a warranty shall be deemed a material breach of this Agreement and may result in the termination of the Agreement by either Party under the terms of this Agreement. The Parties each retain the legal right to randomly inspect the papers and records of the other Party and the other Party's subcontractors who work under this Agreement to ensure that the other Party and its subcontractors are complying with the above -mentioned warranty. The Parties warrant to keep their respective papers and records open for random inspection during normal business hours by the other Party. The Parties and their respective subcontractors shall cooperate with the other Party's random inspections including granting the inspecting Party entry rights onto their respective properties to perform the random inspections and waiving their respective rights to keep such papers and records confidential. 14. NOTICE AND REQUESTS: Any notice or other communication required or pennitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below. If to Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 East Falcon Drive, Suite 1 i 1 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to District: Fountain Hills Sanitary District 16941 East Pepperwood Circle Fountain Hills, Arizona 85268 Attn: Dana Trompke, District Manager With Copy to: William P. Sullivan PLLC 3240 East Union Hills Drive, Suite 117 Phoenix, AZ 85050 Attn: William Sullivan, District Attorney Addresses and persons for notice and requests may be changed by either party by giving notice to the other party in writing of such changes in the manner set forth herein. Such changes shall be effective five (5) days after notification is sent by the party making the change. 15. ENTIRE AGREEMENT: This Agreement embodies the entire understanding of Town and District and supersedes any other agreement or understanding between the Parties relating to the subject matter of this Agreement, including without limitation that certain 5 Intergovernmental Agreement between Town and District for GIS Mapping and CAD Services dated January 20, 2011. [SIGNATURES APPEAR ON FOLLOWING PAGES] TOWN OF FOUNTAIN HILLS FOUNTAIN HILLS SANITARY DISTRICT Grady E. Miller, Town Manger Date: ATTEST: Town Clerk Dana Trompke, District Manager Date. - ATTEST: Administrative Services Manager In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned Attorneys acknowledge that (i) they have received the above Agreement on behalf of their respective clients and (11) as to their respective clients only, each attorney has detennined that this Agreement is in proper fonn and is within the powers and authority granted under the laws of the State of Arizona. Attorney for the Town of Fountain MIN Attorney for the Fountain Hills Sanitary District 4836-9127-4615, v, 3 7 TOWN OF FOUNTAIN HILLS o t Z 3 n Z -.r TOWN COUNCIL Z#� AGENDA ACTION FORM that is A�ttio Meeting Date: 11/6/2018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language) CONSIDERATION OF approving the "Adero Canyon Parcel 2A FINAL PLAT", a 13-lot single-family subdivision. Applicant: Applicant Contact Information: Owner: Owner Contact Information Sustainability Engineering Group 8280 E. Gelding Drive, Ste 101 Scottsdale, AZ 85260 (480) 237-2507 Adero Canyon, LLC (Toll Brothers) 13620 N. Saguaro Blvd, Ste 200 Fountain Hills, AZ 85268 (602)837-9660 Case S2018-05 Property Location: Parcel 2A is a portion of Parcel 2 (226.114 acres) which is shown in the Adero Canyon, Phase 2 Preliminary Plat. Related Ordinance, Policy or Guiding Principle: Subdivision Ordinance Article 2 — Platting Procedures Subdivision Ordinance Article 3 — Subdivision Design Principles & Standards Subdivision Ordinance Article 4 — Public Improvement Requirements Subdivision Ordinance Article 5 — Grading Standards Subdivision Ordinance Article 6 — Landscaping Standards Staff Summary (background): Town Council approved the Preliminary Plat for "Adero Canyon, Phase 2" at the February 6, 2018 regular Town Council meeting. Parcel 2A is the first half of Parcel 2 which was approved on the Preliminary Plat and which will be developed with models for 13 single-family homes on lots ranging from 14,855 sf — 17,198 sf in size on approximately five acres. Plat 2A also includes four Tracts (A-D) that range in size from 49,882.1 sf — 1,823,683.8 sf (41.9 acres total). Tract A contains the road. Tracts B and C are dedicated open space. Tract D (41.866 acres) will be developed as "Plat 213" at a later date. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Page 1 of 2 Adero Canyon Parcel 2A Final Plat Town Council 1116118 Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of the Parcel 2A Final Plat as presented and subject to the items listed in the Town Engineer's memo of October 18, 2018, compliance with all Fountain Hills ordinance standards as modified in the Adero Canyon Settlement Agreement and the conditions of the Adero Canyon Phase 2 PAD. List Attachment(s): 1. Application 2. Location Map 3. 10/18/18 Town Engineer memo 4. Parcel 2A Final Plat (4 pgs) SUGGESTED MOTION (for Council use). - Move to Approve the Adero Canyon Phase 2, Parcel 2A Final Plat as presented and subject to the items listed in the Town Engineer's memo of October 18, 2018, compliance with all Fountain Hills ordinance standards as modified in the Adero Canyon Settlement Agreement and the conditions of the Adero Canyon Phase 2 PAD. Prepay d by: AbeRod;aeeveloop ment Services Director 10/23/2018 Directo 's Approval: JobJ<obG6 R elopment Services Director 10/23/2018 Approved: Grady E. Miller, CMa ager 8/23/2017 Page 2 of 2 "n#8805 5/31/2018, v � 4e rhat fs A�tiz DO Not write in this space —official use only Filing Date S1 / j- Accepted By J-46, �, L� Fee Accepted Case Manager _ M dy j5J 41 4ccq The Town of Fountain HMIs PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development ✓ Preliminary / Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, if applicable) Variance ✓ Other: IMPROVEMENT PLANS PROJECT NAME / NATURE OF PROJECT: LEGAL DESCRIPTION: Plat Name ADERO CANYON PARCEL 2-First 13 Lots Block PROPERTY ADDRESS: SOUTHWWEST SIDE OF EAGLE RIDGE DRIVE -NORTHWEST OF HAWKEYE WAY PARCEL. SIZE (Acres) 226.114 Acres NUMBER OF UNITS PROPOSED EXISTING ZONING R1-43 Lot ASSESSOR PARCEL NUMBER 217-69-101 TRACTS 2 PROPOSED ZONING R1-43 A licant Uk K Mrs. SUSTAINABLfLITY ENGINEERING GROUP - ALI FAKIH �� �f Day Phone 480-237-2507 ++Mr. Ms. Address: 8280 E. GELDING DRIVE, SUITE 101 City: SCOTTSDALE state: AZ Zip: 85260 Owner Mrs. Mr. Ms. Email: ali@azSEG.com ADERO CANYON LLC Address: 13620 N. SAGUARO BLVD., SUITE 200 Day Phone 602-837-9660 City, FOUNTAIN HILLS State: Az Zip: 85268 If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed, SIGNATURE OF OWNER I HEREBY AUTHORIZE Subscribed and sworn before me this Notary Public DATE TO FILE THIS APPLICATION. Please Print day of My Commissior S2018-05 M#8805 ADERO CANYON PHASE li FINAL PLAT PARCEL 2 5/31 /2018 Randy Harrel From: Randy Harrel Sent: Thursday, October 18, 2018 12:25 PM To: Marissa Moore Cc: Robert'Bob' Rodgers; Anh Harambasic; Paula Woodward Subject: Adero Parcel 2A Final Plat - Recommended Stipulations Marissa, For Town Council consideration/approval of the Adero Parcel 2A Final Plat, Engineering recommends the following stipulations: • Staff approval of the civil and landscape improvement plans. • Addition of any easements or other minor modifications to the Plat determined to be needed during completion of the improvement plan review. • Post an acceptable construction assurance. • Separate Council approval is required for any material disposal/stockpiling/mass grading within any other bulk parcels of Adero. • A permit for vegetation salvage and/or mass grading may be issued prior to full approval of the improvement plans. Engineering recommends that the Staff report note that the Adero Canyon II Development Agreement includes requirements that: Para. 5.3 Emergency Access — Improvements to the "Jeep Trail" are required to be completed prior to the first occupancy permit in Phase 2. Para. 6. Utilities - Permanent utilities in Eagle Ridge Drive to the Town's Traiihead are required prior to July 2020. The water tank (or approved alternative measures) are required prior to the first certificate of occupancy. Para. 9.0 Eagle Ridge Drive —The permanent roadway improvements are required to be completed prior to the first certificate of occupancy for a Dwelling Unit, but not later than Dec. 15, 2020. Randy L. Harrel, PE, SE, RLS, CFM Town Engineer �Yt—e "`�Town of Fountain Hills ' p: (480) 816-5112 m: (602) 721-4800 a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 w: www.fh.az.gov e: ema.iI@fh.az.gov 'dal h \Ss Follow us on: 13©IM 3 x FCC � H 1Q w0 F z� s- 3 m1I1 � LL CIL z4yFa ` e k n - 4ha 9 W °z o Q o w s z i A- ag W ° Q sg�� W a d 53 EE Wig= w a�� T w Li L Li a` as pa.i (7 f� 3pE N :s 3 w€ o o W $ } W 2PI, N W a W U W °¢ �i LL g Z" s ��o _g�w� gS A :F W E€=307 4� ado 2 _ N , m �� Q = _ 3�d8 Q �o� W�n Z p VJ Q N Z - �4 g4ab o � ° � ` ~ W J U5 I a —� J W z-,Q, EL n e a a a s ;i o a OZJ �x 2�a a R �o V—_ q� ono z� d OZ�O ¢ z << Z ¢O°O x arc" Do'zi U o C7 d 3 Z �y N� °I y as o w Z,W a z" O m a � oz � o LL tM 91 V x W F. �.�� q zc ul Yo rz tU �1 z w 8 S q� H jo LU qit oao5� LLB:_ �- �3 bR ;�� U w� W W - o LLsmw �d� W m-=Vd _ awo°q�y�30 "e z a z l s 'yrp sE qs Sozu ci o t ❑ w w�= am €� � s M1 9fie a a � x 6 ' ra 4ls nboe 3 V}}33j}rva -iir�� q s31tliS3 N'�/llul�•31W5119]S div J a � u� l ! 9Ezms u�¢ei - �N n• g �ri„�P � f ! � I g N q` 1 � r lean i�l 2 z .s°s E'"�9 RR i LIJ � � 2�96j � 4 J � 'i � I � • 7� ti w N N .la; dun � ` # ` pn RS O; e ft f i s ll 4 5 ! n u ! h gag ❑ � W �=9 r §| , 2���gggg2g2� � QQQB2� §� 2222� /2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM �'¢is Yt10 Meeting Date: 11/06/2018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Department Staff Contact Information: Rachael Goodwin, Community Services Director REQUEST TO COUNCIL. (Agenda Language): CONSIDERATION OF ratifying the Town Manager's emergency procurement authorization to contract with Stabilizer Solutions (2019-042), not to exceed $103,136, for emergency clean- up efforts at Golden Eagle Park. The expenditures are to be charged to the Capital Projects Fund and Council authorizes the reallocation of funding among and between existing projects for this contract and any other related expenditures. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Emergency Procurement Policy Staff Summary (background): Under the emergency procurement procedures contained in the Town Code, Chapter 3, Article 3, Section 3-3-25, Town Manager Grady Miller authorized an emergency contract with Stabilizer Solutions to address the immediate cleanup of Golden Eagle Park. Three of the four ballfields are currently inundated with dirt and debris as a result of record rainfall received on October 2, 2018. This contract includes the removal of the mud, disposal of the material, regrading of the ballfields, soil preparation, and laser leveling of the ballfields. Due to the large volume of dirt removal, the contract will be billed for actual time and materials and is expected to not exceed $103,136. Due to the public demand for this park, including Fountain Hills Little League, senior softball, and other community uses, it was important to move forward with the cleanup efforts as quickly as possible. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $103,126 authorization Budget Reference (page number): Funding Source: Capital Projects Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: No Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): . SUGGESTED MOTION (for council use): Move to ratify the Town Manager's emergency procurement authorization to contract with Stabilizer Solutions (2019-042) for emergency clean-up efforts at Golden Eagle Park for an amount not to Page 9 of 2 exceed $103,126; authorize the expenditure to be charged to the Capital Projects Fund; and authorize the reallocation of funding among and between existing projects for this contract and any other related expenditures. Prepared by: Rachael Goodwin, Co rnunity Services Director 1013012018 Director's Approval: Approved: eL Grady E. Miller Manager 1013012018 Page 2 of 2 Meeting Date: 11/6/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information. Randy Harrel; Town Engineer; rharrel(ai)fh.az.gov ; 480-816-5112 REQUEST TO COUNCIL (Agenda Language) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding supplemental funding to award versus scope reduction of the ADOT Federal Aid "Fountain Hills Blvd. Shoulder Paving Project". Applicant: NIA Applicant Contact Information: NIA Owner: Town of Fountain Hills Owner Contact Information: NIA Property Location: Fountain Hills Blvd. — Pinto Drive to Segundo Drive Related Ordinance, Policy or Guiding Principle; NIA Staff Summary (background): ADOT opened bids for the construction of the "Fountain Hills Blvd. Shoulder Paving Project" on August 24, 2018. There was only one bidder on this project — Visus — and their bid of $880 K substantially exceeded the official engineer's estimate of $594 K (48% over). (Note: Three other construction project bids were opened at that same time. Those three projects had 3, 5, and 3 bidders; and those bids were 13%, 0%, and 47% over the engineers' estimates, respectively.) The Town Council had previously approved the 1 sc Amendment to the Joint Project Agreement (JPA) with ADOT for this project's construction (Resolution 2018-24; on 4-17-18). Per that JPA, this project has a total of $551,538 in Federal Aid funding committed to this project's construction. ADOT has advised (per Madhav Mundle's 9-5-18; 9:03 AM e-mail) that the Town has the following options (in italics; with Staff's analysis of each option following): • "9. Move forward with this hid by concurring with award of the contract." Town Manager Grady Miller and Public Works Director Justin Weldy have determined that the additional Town funding needed for ADOT to award this project, $364 K, can be re -allocated to this project. Their re -allocation recommendation for this option will be submitted separately. (Note: The Town's construction phase funding needed to award this bid is $504,462 ($471,124+$33,338), per ADOT's Detailed Estimate Recapitulation attached to Madhav's above -noted e-mail (attached); less $140,126 (which is the Town's funding amount that is currently on deposit at ADOT for that purpose; per ADOT's 5-30-18 invoice, and previously paid by the Town); which yields an additional payment needed from the Town to ADOT of $364,336 to award the currently bid project.) After 60 days, an ADOT bidder may elect whether to hold his bid valid for additional time, or not. Since the 60 days has passed, the project bidder's decision could potentially preclude this option. Page 1 of 3 • "2. Re -advertise the project with original scope. " As the 4 bids on another project at this ADOT bid opening indicate, there is likely currently a high demand/tight supply construction market for this type of construction work, such that re -bidding the project as it currently is, may not provide a substantially improved bid. "3. Revise the scope and re -advertise the project." Options for project scope revisions/reductions include: - Remove the northerly end of the project. A shortened project, ending somewhat north of the Inca/Ocotillo All -Way Stop intersection, where the widened roadway at the intersection has tapered back to its standard width, is feasible. (at Station 59+50, 384' north of the Inca intersection centerline.) This will reduce the project length to 64% of the original total length. (Project Starting Station = 11+82. Current Project Ending Station 86+49). Reducing this project work length could reduce the project construction work cost to $563 K (64% x $880 K bid = $563 K). Staff recommends that with this option, the full remainder of the easterly shoulder be upgraded to allow a future 2110 northbound lane addition (estimated additional cost = $25 K). This yields an estimated future bid of $588 K, within the IGA amount for the project's construction cost. So, with an equivalent construction bid, the Town's currently deposited funds at ADOT would be adequate for ADOT to award this shortened project. (Note: The Town has already deposited with ADOT ($140,126), adequate local funding for the previously estimated project construction bid of $589,250, and the required Construction Engineering (14%), Consultant Services during construction (1 %), and Construction Contingency (5%), less the committed Federal Aid funding, all as had been previously shown in ADOT's Detailed Estimate Recapitulation of 5-31-18.) - Remove the project's westerly paved shoulder. This would reduce the project's construction cost by nearly 50%, significantly more than the project cost reduction needed. - Other project reduction? With any scope modification option, the Town will need to authorize a change order to the project's designer (Sunrise Engineering) to appropriately revise the project documents. (Note: All design costs are fully the Town's funding responsibility.) Additional Option: Obtain additional Federal Aid funding through MAG. Subsequent to this bid opening, on 10-11-18, the Maricopa Association of Governments (MAG) issued a memo titled "Closeout Federal Fiscal Year 2019 — Redistribution of Unused Sub -allocated Federal Highway Administration Funding". MAG has indicated to Staff that the above project funding shortfall is eligible for consideration for this funding. Staff is applying for this supplemental funding (due to MAG on 11-5-18). Staff anticipates — due to the MAG layered committee approval process — that this funding could be available in approximately February 2019. Although this option is — of course — Staff's preferred option, Staff asks that Council designate a back-up funding option, should MAG not select this project for this additional funding. (Note: Due to the time elapsed, if selected for this funding by MAG, this project might need to be re -bid.) Risk Analysis (options or alternatives with implications): As noted above. Fiscal Impact (initial and ongoing costs; budget status): As noted above, the fiscal impact depends on the option selected. Budget Reference (page number): 386-387 Funding Source: Capital Projects Fund If Multiple Funds utilized, list here: NIA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation($): Staff requests Council direction as to which option to utilize, should additional MAG project funding not be available. List Attachment(s): Project Map, Project Invoice (dated 5-30-18); Project Recapitulation (post -bid, dated 8-24-18) Page 2 of 3 SUGGESTED MOTION (for council use): Move to direct Staff to move forward with the Council -selected option, if supplemental MAG funding is not available. Prepared by: Approved: Randy Harrel, Town Engineer 10/23/2018 Grady E. 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'�4 s{�F�' �' .._._ � ��� -. . - � Fs.� _•.h_ 'L...a'�1sYC�_ � ! rl.'.:i � ad�LL:a '���-�,v�'Aw Cli..'Z.•l�rs `s �*�;' Remit to ARIZONA DEPARTMENT OF TRANSPORTATION Local Agency 206 S 17TH AVE MAILDROP 2038 PHOENIX AZ 85007 United States Bill to: Fountain Hills, Town Of 16705 E Ave Of The Fountains Fountain Hills AZ 85268 United States iiiiiiiiiimiiiiiiiiiiillillililI Customer Name Fountain Hills, Town Of Customer Nurnbei DT0231 1"C)ICE: LA201MOD190 05-30-18 ARDeptlBPFtO Due Date DTAa.A0l0 06.29-18 Ahwunt [Due 'n6unt l $140,126.00 Payment Method Check ® Money Order ®Please check If address has changed.Write correct address on back of stub and attach with payment Please write Invoice No on front of check or Money Order. DO NOT MAIL CASH ----- Please detach the above stub and return with your remittance. -------------------------------------------- ADOT f iNAL . Customer Number N kcal I ivolce Date Or nal Due Date DT0231 05-30.18 06-29-18 Customer Name arru6ice. Number I' Da Fountain Hills, Town Of LA201800019D 05-30-18 tnvalce CharOeS ltafi oDescription Billing Date No. Of Units Una of No.. llMeasure Unit Price Charges/Credits 1 iGAV 131686, SZO3901C Pave Shoulders Town of 05-30-18 $17,902.00 Fountain Hills construction Match @ S.7% 2 JFAV 131686, SZO3901C Pave Shoulders Town of 05-30-18 $122,224.00 Fountain Bills construction Match @ 100% Total Invoice Charges -.-.---.~--.---- $140,126.00 Other Charges Description Date Chuges •---------------------------- ToW Other Charges Credit Payrnents Applied S0.00 Total Amount Due $140,126.00 Additional Notes,. Fountain Hills Boulevard: Pinto to Segundo SZO3901 C (construction) Total Project Cost $707,100.00 Federal funds @ 94.3% $(551,538.90) Local Funds $155,562 DD Previous paid 505,436.00)° Amaunidue S140,126.D0 `Transferred from Project# SS45102C (See Attached Detalted Estimate Recapitulatlon) Instructions Please contact our office for payment and billing questions. 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