HomeMy WebLinkAbout2019.1217.TCRM.Packet.FINAL
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
*A M E N D E D
Mayor Ginny Dickey
Vice Mayor Sherry Leckrone
Councilmember Dennis Brown
Councilmember Alan Magazine
Councilmember Mike Scharnow
Councilmember David Spelich
Councilmember Art Tolis
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, DECEMBER 17, 2019
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings
of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be
subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a
child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S.
§1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM , please complete a Request to Comment card, located in the back of
the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible.
Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous
minutes to address the Council. Verbal comments should be directed through the Presiding Officer and
not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card,
indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda
item, and hand it to the Town Clerk prior to discussion, if possible.
REGULAR MEETING
REGULAR MEETING
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and
discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Ginny Dickey
A.INVOCATION - Brad Ough, Church of Jesus Christ of Latter-day Saints
2.ROLL CALL – Mayor Dickey
3.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.PROCLAMATION declaring January 2020 as Speak Up, Save a Life Month
B.RECOGNITION of outgoing McDowell Mountain Preservation Commission Chairman Bill Myers
4.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION by Chamber of Commerce Director Betsy LaVoie
B.PRESENTATION and update on the draft General Plan 2020.
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, (ii) ask staff to review a matter, or (iii)
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, noncontroversial matters and will be enacted
by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless
a councilmember or member of the public so requests. If a councilmember or member of the public wishes to
discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent
Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item
was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the
agenda.
Town Council Regular Meeting of December 17, 2019 2 of 4
A.CONSIDERATION OF approving the meeting minutes of the Special Meeting of November 19,
2019; and the Combined Regular Meeting and Work Session of December 3, 2019.
B.CONSIDERATION OF approving a Special Liquor License application submitted by the Fountain
Hills Theater for a fundraiser to be held on January 24, 2020.
C.CONSIDERATION OF approving a Special Liquor License application for the Fountain Hills VFW
Post No. 7507 Veterans Foundation to host a beer garden in conjunction with the Great Fair
on Feb 21-23, 2020.
D.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain
Hills VFW Post No. 7507 for a beer garden in conjunction with the Great Fair on Feb 21-23,
2020.
E.CONSIDERATION OF approving a Special Event Liquor application for Senior Services, Inc., for
a fundraiser to be held in the Fountain Hills Community Center on February 13, 2020.
F.CONSIDERATION OF approving a Liquor License Application for Aguamenti, located at 16842
E. Parkview Avenue #2, Fountain Hills, Arizona, for a Series 7 (Wine & Beer) license.
G.CONSIDERATION OF adopting Ordinance 19-17, amending Chapter 7 of the Fountain Hills
Zoning Ordinance by removing Sections 7.02 G., Storage and Parking of Commercial Vehicles
in Residential Districts; H., Storage and Parking of Unoccupied, Non-commercial, Mobile
Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; I.
2., Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers,
and Other Trailers; and, J. Storage and Parking of Junk Automobiles and renumbering the
remaining sections. Case #Z2019-07
7.REGULAR AGENDA
A.CONSIDERATION OF appointment to the McDowell Mountain Preservation Commission.
B.PUBLIC HEARING ON proposed Development Impact Fee Report.
C.CONSIDERATION OF Contract 2020-11 with Continental Flooring Company for the purchase
and installation of flooring in the Fountain Hills Library.
D.CONSIDERATION OF a request for a SPECIAL USE PERMIT to allow new and used
automobile sales in the C-2 zoning district on a portion of the property located at
11625 N. Saguaro Boulevard. Case #SUP2019-02
E.CONSIDERATION OF approving the purchase of a 2018 Caterpillar 415F2 Industrial Loader and
a 2019 Broce CRT350 Power Broom for the Streets Division of the Public Works Department.
Town Council Regular Meeting of December 17, 2019 3 of 4
Town Council Regular Meeting of December 17, 2019 4 of 4
F. CONSIDERATION OF adopting Resolution 2019-59 ordering and calling a Special Election to be
held in and for the Town on May 19, 2020, to refer to the voters of the Town 1) Ordinance
19-03 rezoning 59.79 acres generally located at the northeast corner of Shea and Palisades
Boulevards from L-3 P.U.D. and OSR to Daybreak P.A.D.; and 2) Resolution 2019-39, changing
roughly 23 acres near the northeast corner of Shea and Palisades Boulevard from Lodging to
Multi-Family/Medium; and other questions which may be ordered by the Town Council as
permitted by law.
G. CONSIDERATION OF adopting Ordinance 19-19 amending the Town Code Chapter 2, Article
2-1-1, Elected Officials, extending the term of office of the Mayor from two years to four years.
8. 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.
9. ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this rday of ,6-27,t. y;2019.
E izabeth A. B rk , MM ,Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)or
1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available for
review in the Clerk's Office.
ITEM 3. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
REPORTS (Agenda Language): PROCLAMATION declaring January 2020 as Speak Up, Save a Life
Month
Staff Summary (Background)
Mayor Dickey will be proclaiming January 2020 as Speak Up, Save a Life Month.
Attachments
Proclamation
Form Review
Inbox Reviewed By Date
Finance Director David Pock 11/13/2019 04:49 PM
Town Attorney Aaron D. Arnson 11/18/2019 12:51 PM
Town Manager Grady E. Miller 11/21/2019 08:19 AM
Form Started By: Angela Padgett-Espiritu Started On: 11/13/2019 03:49 PM
Final Approval Date: 11/21/2019
ITEM 4. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Public
Appearances/Presentations
Submitting Department: Development
Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PRESENTATION and
update on the draft General Plan 2020.
Staff Summary (Background)
Staff and The Planning Center continue to prepare a new General Plan for Council approval and voter
adoption. A full draft plan was made available to the public for review and comment on November 4,
2019. A stakeholder meeting and public open house were held on November 20 to receive comments
on the draft Plan.
A final draft Plan will be completed by February 3, 2020, to begin the formal final review phase. Staff is
working with the consultant over the next two months to prepare that final draft. During this time we
are still taking public comments.
Attached is a powerpoint presentation that will be presented at the Town Council meeting. This
presentation provides an overview of the draft General Plan, how the General Plan has responded to
input received by the public, how we are responding to comments on the draft Plan, and the next steps
that will be followed to prepare the final draft Plan.
Attachments
Council Presentation
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 11/27/2019 09:40 AM
Town Attorney Aaron D. Arnson 12/03/2019 02:11 PM
Town Manager Grady E. Miller 12/03/2019 08:37 PM
Form Started By: John Wesley Started On: 11/27/2019 09:30 AM
Final Approval Date: 12/03/2019
Town Council
December 17, 2019
•Gather Community Input/ Public Outreach
•Current General Plan Review
•Visioning Report
•Preparation of Public Participation Plan
•Data Gathering & Analysis/Map Preparation
•Background and Current Conditions Report
•Draft Plan
•Public Review and Comment
•Prepare revised Draft Plan
PLANNING PROCESS MILESTONES
Step 1
September-December 2018
(Completed)
Step 2
January-July 2019
(Completed)
Step 3
August 2019 –February 2020
Step 4
February-November 2020
•60-day Review
•P&Z Commission Hearings and
Recommendation
•Council Hearings and Approval
•Voter Approval
•Section I: Planning for Our Future•Introduction•Background Information•Vision
•Section II: Thriving Neighborhoods
•Section III: Thriving Environment•Built Environment•Great Places -Character Areas•Social Environment•Connectivity, Access, Mobility•Public Facilities and Services•Natural Environment
•Section IV: Thriving Economy•Economic Development•Cost of Development
•Section V: Plan Administration
3
PLAN OUTLINE
•Protect residential neighborhoods•Focus on revitalization, redevelopment & Infill•Develop State Trust Land•Preserve and promote “small town” feel•Revitalize the Town Center•Attract and retain retail and services•Define Fountain Hills economic identity•Support & Expand Events•Seek opportunities for tourism•Improve connectivity and wayfinding •Maintain and Improve Bike Lanes, Roads & Sidewalks•Promote safety •Protect natural resources, dark skies and scenic views
4
CITIZEN INPUT
Citizen comment:
•Protect residential neighborhoods
Addressed in the Plan in Thriving Neighborhoods Element:
•Goal 1: Continue to develop and maintain thriving neighborhoods
•Policy #2: Protect existing neighborhoods from incompatible
development that does not support the character of the area.
•Goal 3: Maintain the quality of existing neighborhoods.
•Policy #1: Protect established single-residential neighborhoods form
the transition, intensification, and encroachment of uses that detract
and/or change the character of the residential neighborhood.
5
CITIZEN INPUT/PLAN RESPONSE
Citizen comment:
•Revitalize the Town Center
Addressed in the Plan in Thriving Environment Element, Built
Environment, Great Places Element:•Goal 4: Allow the Town Center to achieve its full potential
•Policy #1: Market the Town Center to attract a variety of employment,
office, cultural institutional, mixed-use, lodging, commercial,
entertainment and recreational opportunities.
•Table 1: Character Area Plan.
•Land Use and Development Patter: Continue to develop a highly
integrated mix of uses to provide a vibrant town center….Architecture
should be consistent with the Town’s small-town feel.
6
CITIZEN INPUT/PLAN RESPONSE
Citizen comment:
•Define Fountain Hills’ economic identity
Addressed in the Plan in Thriving Economy Element:
•Goal 1: Maximize economic development opportunities in Fountain
Hills.
•Policy #1: Create or utilize tools to help market Fountain Hills’
economic development opportunities.
•Goal 5: Support strong public/private partnerships to strengthen
the community, ensure long-term viability, and improve the Town’s
quality of life.
•Policy #2: Achieve Fountain Hills’ priorities through the utilization of
intergovernmental relationships and continuing to partner with:
7
CITIZEN INPUT/PLAN RESPONSE
Citizen comment:
•Maintain and Improve Bike Lanes, Roads & Sidewalks
Addressed in the Plan in Thriving Environment, Connectivity, Access,
and Mobility Element:•Goal 1: Continue to support safe, efficient and sustainable
connectivity, access, and mobility throughout the Town
•Policy #4: Continue to conduct manual turning movement counts
periodically at key intersections, particularly those exhibiting high
accident rates or rapidly increasing traffic volumes.
•Goal 6. Continue to update traffic count data and monitor
intersection service levels and safety to support a safe and efficient
roadway system.
8
CITIZEN INPUT/PLAN RESPONSE
Stakeholder meeting 11/20
•Approximately 20 citizens attended
•Good discussion and input on an number of topics
•Need to keep up with advances in technology
•Will look at and improve language on page 71•Will modify Goal 4, Policy 3 (page 77) to better address the
topic
•Need to clarify some statements on the roles and
relationship between Town and Fountain Hills School
District
•Need for chart to show how Plan complies with State
Statute requirements
9
PUBLIC INPUT
Public Open House 11/20
•Approximately 12 citizens attended
•Good discussion regarding overall vision and key goals
•Desire to see better reference to health and wellness as
part of the Vision that sets Fountain Hills apart.
•Desire to see more consistent architectural treatment
•Also received an email on this same subject.
10
PUBLIC INPUT
Plan Available:
•On-line
•At Library and Community Center
Continuing to Take Comments
•E-mail
•Letters
•Attend meetings
Review and Comments by Technical Advisory Committee
11
NEXT STEPS
•Staff &consultant working on modifications and refinements
•Consultant to provide staff with final draft Plan by February 3
•Staff to send out information and start formal 60-day review
period on February 12
•Stakeholder meeting to review final plan mid-February
•P&Z review and public input March
•P&Z public hearing and action April
•Council hearings in May,action in June
12
NEXT STEPS
Questions
13
ITEM 6. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
the meeting minutes of the Special Meeting of November 19, 2019; and the Combined Regular Meeting
and Work Session of December 3, 2019.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Special Meeting of November 19, 2019; and the
Combined Regular Meeting and Work Session of December 3, 2019.
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of November 19, 2019; and the Combined Regular
Meeting and Work Session of December 3, 2019.
Attachments
2019.1119.TCSMES.Minutes
2019.1203.TCCRMWS.Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 12/05/2019 09:30 AM
Form Started By: Elizabeth A. Burke Started On: 12/05/2019 07:55 AM
Final Approval Date: 12/05/2019
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
HELD NOVEMBER 19, 2019
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Ginny Dickey
Mayor Dickey called to order the Special Meeting of the Fountain Hills Town Council held
November 19, 2019, at 4:30 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone (telephonically); Councilmember
Mike Scharnow; Councilmember Art Tolis; Councilmember Dennis Brown;
Councilmember Alan Magazine; Councilmember David Spelich
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth
A. Burke
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to
recess into Executive Session.
Vote: 7 - 0 Passed - Unanimously
4.EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 4:30 p.m.
A.Discussion or consultation for legal advice with the attorney or attorneys of the public body;
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; and discussions or consultations with designated
representatives of the public body in order to consider its position and instruct its representatives
regarding negotiations for the purchase, sale or lease of real property, pursuant to A.R.S.
§38-431.03(A)(3), (4), and (7), respectively.
i.Proposal for Post-Secondary Educational Opportunities
5.ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 4:56 p.m. at which time the
Special Meeting held November 19, 2019, adjourned.
_________________________________
Ginny Dickey, Mayor
ATTEST:
________________________________
Elizabeth A. Burke, Town Clerk
TOWN OF FOUNTAIN HILLS
MINUTES OF THE COMBINED REGULAR MEETING AND WORK SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 3, 2019
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Ginny Dickey
Mayor Dickey called the meeting of December 3, 2019, to order at 5:30 p.m. and led the
Council and audience in the Pledge of Allegiance.
2.MOMENT OF SILENCE
Mayor Dickey led the Council and audience in a Moment of Silence.
3.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; Councilmember Mike
Scharnow; Councilmember Art Tolis; Councilmember Dennis Brown;
Councilmember David Spelich
Absent: Councilmember Alan Magazine
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Burke
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Councilmember Tolis said that the Turkey Trot and Thanksgiving Day Parade was a great
event and well attended. Mayor Dickey agreed and said that it was nice to have the
events in town.
Mayor Dickey reported that on November 20, 2019, they held a General Plan 2020
Update Meeting for Stakeholders and then a public meeting on the General Plan was held
that evening.
Councilmember Scharnow said that as a long-time member of the Noon Kiwanis, he was
proud to report that they will be hosting the first activity for the holiday season, Breakfast
with Santa, at the Community Center which the Town helps sponsor.
Mayor Dickey said that everything they do relies on volunteers, such as with the parade
and Turkey Trot, and she thanked all the volunteers, noting that this year they had the
most participants they have ever had.
A.PROCLAMATION - Declaring December 5, 2019, through December 15, 2020, as
Fountain Hills Celebrates
Mayor Dickey invited Sandra Ursini, Co-Chairman of the 50th for Fountain Hills
Committee, and all members of the committee to come forward. She read the
proclamation proclaiming December 5, 2019, through December 15, 2020, as
Fountain Hills Celebrates. Ms. Ursini then gave a brief update on activities they are
planning to help celebrate 30 years of the Town incorporation and 50 years of the
fountain.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION - Monthly update by Captain Larry Kratzer of the Maricopa County
Sheriff's Office
Captain Kratzer gave a monthly report, highlighting shopping tips with the holiday
season upon them. He noted that he also worked with Grace for the Fountain Hills
First where they recapped the tips. Below are the shopping tips he reviewed:
• If possible, do shopping during the daylight
• Don't carry large amounts of cash
• Be aware of your surroundings
• Park as close to destination as possible
• Avoid isolated areas
• Don't put packages on seats or where visible; lock in trunk if possible
• Have keys ready before exiting the store
• Don't place packages on top of vehicle
• If there are questionable people lurking, wait or ask for security assistance
• When using ATM's, be aware of surroundings
• Keep track of credit cards to make sure they are accounted for
• Use a credit monitoring service
He also reported that they participated in Shop with a Cop (Sheriff), where each
patrol district has so many children identified in a community and they transport
them to the shopping center with police officers to shop around the store. He said
that they have done this for several years, and the great thing is that most times the
kids will spend the gift card on other family members.
Captain Kratzer also reported that they continue with the prescription drug drop off,
where the MCSO, the Fountain Hills Coalition and the Fountain Hills Sanitary
District get rid of the unwanted and unused drugs. They weight it and put it into
proper evidence and it is then destroyed.
Mayor Dickey thanked the Sheriff's Office for all of their work and being so
responsive in the community.
Councilmember Tolis asked if he could report on the month ticket count. Captain
Combined Regular Meeting and Work Session of December 3, 2019
2 of 12
Kratzer said that he has not yet received those stats; they usually come in around
the 4th of 5th of each month, but they were still up.
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed
on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject
to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action
on matters raised during Call to the Public unless the matters are properly noticed for discussion and
legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to
criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council
agenda.
None
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and
will be enacted by one motion of the Council. All motions and subsequent approvals of consent items
will include all recommended staff stipulations unless otherwise stated. There will be no separate
discussion of these items unless a councilmember or member of the public so requests. If a
councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she
may request so prior to the motion to accept the Consent Agenda or with notification to the Town
Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will
be removed from the Consent Agenda and considered in its normal sequence on the agenda.
MOVED BY Vice Mayor Sherry Leckrone, SECONDED BY Councilmember Dennis
Brown to approve the Consent Agenda Items 7-A through 7-C.
Vote: 6 - 0 Passed - Unanimously
A.CONSIDERATION OF approving the meeting minutes of the Special Meeting of
October 30, 2019; the Special Meeting of November 5, 2019; the Combined Regular
Meeting and Work Session of November 5, 2019; and the Regular Meeting of
November 19, 2019.
B.CONSIDERATION OF adopting Resolution 2019-54, abandonment of the 10' Public
Utility and Drainage Easement at the rear of Plat 603-C, Block 5, Lot 21. (EA
2019-18)
C.CONSIDERATION OF Resolution 2019-58 declaring as a Public Record that certain
document filed with the Town Clerk and entitled "2019 Amendments to Chapter 13,
Cable Communications, of the Fountain Hills Town Code"; and Ordinance 19-18,
adopting the "2019 Amendments to Chapter 13, Cable Communications, of the
Fountain Hills Town Code" by reference.
8.REGULAR AGENDA
A.CONSIDERATION OF appointment to the Board of Adjustment.
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike
Combined Regular Meeting and Work Session of December 3, 2019
3 of 12
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike
Scharnow to appoint Jeremy Smith to the Board of Adjustment with his term expiring
October 31, 2021.
Vote: 6 - 0 Passed - Unanimously
Mayor Dickey thanked Daniel Halloran for his past service to the Board of
Adjustment.
B.PUBLIC HEARING AND CONSIDERATION OF adopting Ordinance#19-16, a text
amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations,
Sections 6.08 Zoning Districts Table, 6.08. M. and 6.08. Q. The amendments update the
Zoning Districts Table with the new language, replace the existing language in Section 6.08
M. regarding Garage Sale Signs with new provisions for Residential Directory Signs and
eliminate Section 6.08. Q. regarding Open House Signs.(Case #Z2019-06)
Mayor Dickey noted that the Public Hearing had been opened at the prior meeting
(November 19, 2019) and continued to this meeting.
Development Services Director John Wesley briefly reviewed the item, noting that a
few years ago the U.S. Supreme Court determined that cities/towns can no longer
have regulations for signs based on content, which is currently what is included in
the Town Code. He said that they are doing a comprehensive update to that code
to be compliant, but as they looked at it one of the most problematic sections has to
do with temporary signs, such as garage sale and open house signs. These two
signs are dealt with by the Town's Code Enforcement Officer on a weekly basis.
Mr. Wesley said that the current Code provides regulations for garage sale signs
and a separate section provides regulations for open house signs. The regulations
are similar but not exactly the same. To properly enforce the requirements of the
code for these two signs, they must read the sign. Therefore, these sign types are
not in compliance with the Court ruling in Reed v. Town of Gilbert. This creates a
challenge to the enforcement of these ordinance provisions. Staff’s proposal is to
delete the two current sign designations in the ordinance and replace them with
one new sign type – Residential Directional Signs. The new regulations are a
combination of the requirements in the code today for the two types of signs.
The proposed new language clears up a problem with regards to Shea Boulevard.
Currently, garage sales signs may not be posted in the Shea Boulevard
right-of-way and open house signs shall not be within 150 feet of the Shea
right-of-way. It is difficult for the average person to know where the Shea
right-of-way is or be able to then measure the distance from the right-of-way. The
proposed code standardizes the distance and measures it from the curb which is
easy to locate.
There is one issue still remaining with regard to temporary signs along Shea
Boulevard. While most subdivisions along Shea take their access from a street
other than Shea (e.g. The Villas at Firerock are accessed from Firerock Country
Club Dr.; Belera at Firerock is accessed from Belera Dr.) which provides a street
Combined Regular Meeting and Work Session of December 3, 2019
4 of 12
other than Shea to place a sign to direct people into the subdivision, there is one
subdivision, Palatial Estates, that accesses Shea Blvd. directly. A request has
been made to amend the proposed ordinance to allow this as an exception to the
current language in the code. Staff has not made any adjustments to the draft
ordinance in response to this issue; they prefer to address this topic as part of the
larger sign code update so the issue can be considered in context with other
changes being made to the ordinance.
Mr. Wesley said that as they finalized the Code through the Planning and Zoning
Commission, an item came up regarding medians. Currently, they are prohibited,
but it was asked if they could be allowed in the frontage road medians, those along
the side of Saguaro as an example. Staff thinks it is probably okay, but is not sure
what the impact will be.
Councilmember Scharnow asked if the restriction on Shea Blvd. has been there
historically, or how it came to be. Mr. Wesley said that his understanding was that
since Shea is a main thoroughfare there was some desire to keep it more pristine
and uncluttered. Councilmember Scharnow asked if that could allow prohibitions
on other boulevards; staff replied that they could.
Councilmember Scharnow asked how they came to settle on a maximum of five
signs. He asked if they talked about it at all, or just felt it was a good number.
Mr. Wesley said that there was some ambiguity the way it was first written. He
clarified that it would be one plus five. He said that the Code Enforcement Officer
has been doing this for a number of years, and this was a number that worked well.
Councilmember Tolis said that the issue with signs on Shea, in working with the
real estate community, has been ongoing for 20 years. He said that he believed
that Eagle Mountain designed their own open house signs, and same with
Firerock. He said that something needs to be done with the entrance to Crestview,
and suggested that they permit one sign on the roadway per development. For
those developments with security guards, perhaps they could work with them to
provide maps, etc. He said that Scottsdale allows them on Shea.
Councilmember Brown said that he truly appreciated what Councilmember Tolis
came up with. He said that it has been a point of contention for 18 years that he
knows of. He said that they should take a look at the recommendation of having a
custom sign; he does not think they will be plagued with many other signs and it
would be a value to the Town.
Mr. Wesley said that right now the Code said they cannot be within 150 feet of
Shea; they could change that to 50 or 10 feet. Councilmember Brown suggested
that it be from the curb, so it is visible.
Vice Mayor Leckrone asked what the Commission's thinking was in wanting to
move forward with the changes even though staff was hesitant. Mr. Wesley said
that they really gave no detail.
Mayor Dickey said that perhaps in the meantime it would be more fair for those to
Combined Regular Meeting and Work Session of December 3, 2019
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be able to use the service road median. Councilmember Brown said that he did not
know how to write it, but would agree with it being permitted.
Councilmember Scharnow said that he thought they needed to tread more lightly
since the court ruling opened up the floodgates.
After further discussion Mayor Dickey said that this is not the first or last of the
issue. They are trying to get a handle on the issue and some of this may change
before they put it in as part of the sign ordinance. She said that she is prepared to
go ahead with the motion as written, adding the Commission recommendation.
Mayor Dickey closed the Public Hearing at this time.
Upon further deliberation, it was noted that they were trying to address this issue
now because of the Code Enforcement Officer is dealing with the issue so
frequently.
MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember David
Spelich to postpone the item and have it come back with the entire Sign Ordinance
revisions.
Vote: 6 - 0 Passed - Unanimously
C.CONSIDERATION OF a Cooperative Purchasing Agreement #2020-045 with
Stabilizer Solutions, Inc.
Mr. Miller said that this vendor provides decomposed granite rock in the
rights-of-way for landscaping and also provides infill mix at the ballfields. Whenever
the Town has had storms they have been on hand to help. This amount is for a
five-year agreement for a maximum amount of $200,000, or approximately $40,000
a year.
Community Services Director Goodwin said they have been one of the vendors that
have worked through clean-up at Golden Eagle Park removing tons of debris and
providing infill and outfield mix along with the laser leveling. They also helped the
Town get the Four Peaks fields in good condition.
Councilmember Spelich asked if this includes the rocks on the islands in the
center. Mr. Weldy said that they are not the primary provider for that service. This
contract is more specific to the parks.
Councilmember Spelich said that the center medians are looking tired. Mr. Weldy
said that they just received a quote back for that and it was ridiculously high for the
design so they are going back to the drawing board. He noted, however, that the
corner of Shea and Palisades, which they previously discussed will have
something done within the next 30 days.
Combined Regular Meeting and Work Session of December 3, 2019
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MOVED BY Councilmember Mike Scharnow, SECONDED BY Vice Mayor Sherry
Leckrone to approve the Cooperative Purchasing Agreement #2020-045 with
Stabilizer Solutions, Inc. in an amount not to exceed $200,000 ($40,000 annually)
over the life of the five-year contract.
Vote: 6 - 0 Passed - Unanimously
D.CONSIDERATION OF approving the Town Council Meeting Dates and Summer
Break for 2020.
Mr. Miller said that the proposed schedule is something they do each year so that
staff and the public can plan accordingly. It was brought to their attention that the
Council Retreat shown on the original list was in error; the Retreat will be held on
February 25 and a corrected schedule had been placed on the Council dais.
Mayor Dickey said that when they have their meeting on June 16, 2019, if they feel
they want those minutes to be available sooner than the August 24, 2020, meeting,
they will find a way to get those out.
MOVED BY Vice Mayor Sherry Leckrone, SECONDED BY Councilmember Dennis
Brown to approve the proposed meeting schedule for 2020, as corrected (Budget
Retreat on 02/25/2020).
Vote: 6 - 0 Passed - Unanimously
E.CONSIDERATION AND POSSIBLE DIRECTION to staff regarding the
requirements for providing hillside protection easements, the abandonment of
existing easements, and the fee for easement abandonments.
Mr. Wesley said that the Council discussed this last year at their retreat. Staff was
ready to come back in August for further discussion, but it has continued to be put
off for a variety of reasons. He then briefly reviewed the staff report which gave
some history on the matter. Councilmember Brown said that it was probably one of
the best staff reports he has seen come out of Town Hall. He said that the only
concern he has with staff having the ability to make an adjustment is that, although
the staff they have today has the ability, in five years they may have other staff that
is not willing to work with developers.
Mr. Wesley said that this is what he is suggesting. He has not written the wording
yet, and there are ways to address specific situations. Mr. Miller said that he
thought they could come back and write a procedural type of information that is
codified. To the point, if they had turnover they would have some policy guidelines
for staff to follow.
He said that the other issue discussed during the past Retreat was the consistency
in charging the $350 fee. He said that part of this recommendation is that they will
charge that fee consistently at the time they apply for the application. Also, the
issue of existing easements being abandoned, they tried to find a way to legally
Combined Regular Meeting and Work Session of December 3, 2019
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give those, but they are individual documents and they really do have to be
handled on a case-by-case basis. If the Council is interested, they will see if there
is something that can be written into the Code to give staff authority to approve
those, to make it easier for the applicant.
Councilmember Scharnow asked if the $350 covers the staff time for reviewing and
preparing the report. Mr. Wesley said that they are currently undergoing a fee
study and it may come back that the fee should be lower or higher. Councilmember
Brown said that he believes that the staff should be handling those, and he agrees
with the $350 for the time staff puts into it. He has often wondered why they are
put on the Council agenda. He has never seen one denied.
Mr. Miller said that 90% of the easement abandonments are very routine. Once in
a while there may be a neighbor dispute and those may end up coming to Council.
He said that the protection of the natural beauty of the hillsides in the Town is one
of the important development requirements that helps make Fountain Hills unique
and attractive. There are, however, improvements that can be made to the
requirements to make the process more flexible for unique development situations,
and he then reviewed staff's recommendation.
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike
Scharnow to direct staff to:
Explore and bring back recommendations from the Planning and Zoning
Commission on modifications to Section 5.04 of the Subdivision Regulations
that will allow additional, lot specific adjustments to be made;
1.
Continue to process H.P.E. abandonment requests on a lot by lot basis;2.
Explore options to allow approval of some hillside easement abandonments
administratively; and,
3.
Utilize the existing $350 fee for easement abandonment for the processing of
these request
4.
Vote: 6 - 0 Passed - Unanimously
F.DISCUSSION AND DIRECTION on calling a Special Election in May 2020 or as
part of the Primary Election in August 2020 for the Daybreak development referenda
questions.
Mr. Miller said that this item had been placed on the agenda to allow the Council
an opportunity to determine whether they wanted to call a special election to place
on the ballot the questions which had been referred. He said that there are
advantages and disadvantages as indicated in the staff report.
Vice Mayor Leckrone said that the cost is a concern to her, but she also does not
want to make it more difficult for someone to vote, so she asked for clarification on
the issue with an August ballot. Town Clerk Elizabeth Burke replied that if
someone is not registered as one of the recognized parties, they would need to
contact the County and let them know which primary election ballot they would like
Combined Regular Meeting and Work Session of December 3, 2019
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to receive. Arizona has open primaries, which means that those known as
"independents" may select which party ballot they would like, or they could request
just a Town ballot. Regardless, they have to contact the County directly to make
that selection when it is done in conjunction with the primary election because
those are partisan elections (outside of the nonpartisan Town election).
Councilmember Tolis asked if they could hear from someone in the audience that
was part of the referenda action, what their preference would be. Pete Brock,
Chairman of the Smart Growth referenda efforts, said that he has not seen the
report, but would urge the Council schedule a May special election where it would
be the only question on the ballot. He said that by moving the vote to August risks
disenfranchising the voters. He said that according to the Manager, there are
significant indirect costs that the Council would incur if they postponed, such as the
continuing public records requests and also disenfranchising the voters. The mail
ballot would reach every registered voter and provide for quicker results.
Councilmember Spelich said that he realizes that he preaches about not spending
money, but it seems like the extra money it would cost to have a May election
without disenfranchising the voters might be the thing to do.
Mayor Dickey added that the primary turnout in 2018 for partisan elections was
good, but for independents it was around 4%. Also, when the questions are on the
primary, the local questions would be at the end of the ballot which may be
impacted by voter fatigue. She really thought they should hold it in May.
Councilmember Scharnow asked Mr. Miller if they could find the extra money to
cover the costs. Mr. Miller said that they could find the extra needed money.
Councilmember Scharnow said that in the best interest of everyone involved, to
settle the issue once and for all, he would agree with the others and support a May
election.
Councilmember Tolis asked if it would be possible that the Town put other things
on the agenda. Mr. Miller said that they could, as long as they are permitted by
law. Councilmember Tolis asked if they could also ask the question of whether the
residents would support the Town purchasing the property so that no development
could occur at that location. Mr. Arnson said that staff would research that further
and would bring back a resolution to the December 17, 2019, to formally call the
election.
After questioned, it was clarified that if the questions did not pass, the property
would revert to the prior designation.
Councilmember Scharnow said that in light of their topic coming up after this
agenda item, with the amount of money they will need to fix the streets, he cannot
see any kind of question on the ballot for the Town to purchase the property.
Mr. Miller said that he has worked in New England where they would oftentimes
include "advisory" language on a ballot, but they could not do that in Arizona.
However, it does not mean that a survey could not be done.
Combined Regular Meeting and Work Session of December 3, 2019
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MOVED BY Vice Mayor Sherry Leckrone, SECONDED BY Councilmember Mike
Scharnow to direct staff to bring back a resolution for consideration at the
December 17, 2019, Town Council Meeting calling for a Special Election in May of
2020 for the purpose of referring referenda addressing the proposed Daybreak
development.
Vote: 6 - 0 Passed - Unanimously
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for
action, or (ii) directing staff to conduct further research and report back to the Council.
10.ADJOURNMENT
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike
Scharnow to adjourn the Regular Meeting of December 3, 2019.
Vote: 6 - 0 Passed - Unanimously
The Regular Meeting of December 3, 2019, adjourned at 6:53 p.m. and a short
break was held.
WORK SESSION
Pursuant to the Council's Rules of Procedure, no public comment is taken at work
sessions. Work sessions are held for the purpose of presentations and discussions on such
issues that require more in-depth consideration of the Council.
1.CALL TO ORDER
The Fountain Hills Town Council reconvened into the Work Session at 7:01 p.m. at
which time Mayor Dickey called to order the Work Session of December 3, 2019.
2.DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the
establishment of pavement condition standards to be used in developing a 10-year
Pavement Management Program.
Public Works Director Justin Weldy said that back in September the Council
discussed the need for a ten-year plan to address the needs of the community with
respect to streets and at that time they directed staff to move forward with
development of such a plan. He said that Zach Thomason with IMS is here this
evening to review what has been done and provide the Council with various
options.
Mr. Thomason then came forwarded and reviewed a PowerPoint presentation
(Exhibit A attached hereto and made a part hereof) which addressed:
Combined Regular Meeting and Work Session of December 3, 2019
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SCALE OF INVESTMENT
FOUNTAIN HILLS PCI RESULTS
FOUNTAIN HILLS RESULTS - 3 METRIC OF HEALTH
Mayor Dickey noted that while the Town's overall average is not bad, it is not that
great of a measurement because there is a lot of backlog.
FUNCTIONAL CLASS COMPARISON
PARAMETER UPDATE
ENSURING BACKLOG CONTROL IS CRITICAL
NETWORK NEEDS & FUNDING
Mr. Thomason said that after they achieve a desire letter grade or PCI they can run
another model and determine what it will cost to maintain the system.
ANALYSIS FINDINGS 1-5
NEXT STEPS
Discussion was held on the need to narrow some of the wider streets so the cost of
maintenance is not so high.
Mr. Miller said that if they could get consensus on the rating conditions, he thinks
they could move forward. There will be additional work to come up with the capital
costs for some narrowing. He said that he would not want it to be a distraction, but
he did want to see a 20-year period of time model, once the 10-year plan is done.
Mr. Weldy said that they should keep in mind that the level of service they are
asking for tonight and the funding will include a percentage of what will be
necessary to use for additional imporvements. They may need to make changes to
handicap ramps, minor drainage modifications, etc. While is is an incredible
amount of money to take care of this program, there are also other infrastructure
needs tied to the roads.
Mayor Dickey said that the grades to her do not mean that much, except in looking
at what their responsibility is to prevent the backlog. When they come back and
talk about money she would like to figure out what the critical point is, how much
and when. Other than that, she agrees with the others.
To summarize, Mr. Miller said that they will determine what the Pavement
Management Plan will consist of the levels presented by staff, run the budget
model and provide the amount of funding needed and what they get for it. Mr.
Thomason said that they would be looking to keep the backlog below 12%, and
build around $5.5 million annually over a ten-year horizon. It is prioritizing by
functional class. He said that they will see a map of the roads and the projects to
be selected.
Mayor Dickey said that another thing they will need to consider is to come up with
a plan, if the vote for bonding should fail.
Combined Regular Meeting and Work Session of December 3, 2019
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Mr. Thomason said that they would generally be doing about $3 million to $5.5
million as a target. They could also run the model at $2.5 million and maybe
somewhere in between. He added that it can always be updated as well.
3.ADJOURNMENT
There being no further business to discuss, the Work Session of December 3,
2019, adjourned at 7:51 p.m.
TOWN OF FOUNTAIN HILLS
______________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Burke, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
Combined Regular Meeting and Work Session held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 3rd day of December, 2019. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 17th day of December, 2019.
_________________________________
Elizabeth A. Burke, Town Clerk
Combined Regular Meeting and Work Session of December 3, 2019
12 of 12
ITEM 6. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a
Special Liquor License application submitted by the Fountain Hills Theater for a fundraiser to be held on
January 24, 2020.
Staff Summary (Background)
The purpose of this item is to obtain Council's approval regarding the special event liquor license
application submitted by Saundra McGee representing the Fountain Hills Theater for submission to the
Arizona Department of Liquor. The special event liquor license application was reviewed by staff for
compliance with Town ordinances and staff recommends approval of this special event liquor license
application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the Special Event Liquor License.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2020
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 12/04/2019 11:48 AM
Town Attorney Aaron D. Arnson 12/04/2019 12:40 PM
Town Manager Grady E. Miller 12/04/2019 12:44 PM
Form Started By: Linda Ayres Started On: 11/26/2019 11:08 AM
Final Approval Date: 12/04/2019
ITEM 6. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a
Special Liquor License application for the Fountain Hills VFW Post No. 7507 Veterans Foundation to host
a beer garden in conjunction with the Great Fair on Feb 21-23, 2020.
Staff Summary (Background)
The purpose of this item is to obtain Council's approval regarding the special event liquor license
application submitted by Debra Biloskirka representing the Fountain Hills VFW Post No. 7507 Veterans
Foundation for submission to the Arizona Department of Liquor. This special event liquor license is being
obtained for the purpose of holding a beer garden in conjunction with the Great Fair. The special event
liquor license application was reviewed by staff for compliance with Town ordinances and staff
unanimously recommends approval of this special event liquor license application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the Special Event Liquor License.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2020
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 12/04/2019 11:48 AM
Town Attorney Aaron D. Arnson 12/04/2019 12:40 PM
Town Manager Grady E. Miller 12/04/2019 12:42 PM
Form Started By: Linda Ayres Started On: 11/25/2019 07:29 AM
Final Approval Date: 12/04/2019
ITEM 6. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a
Special Event Liquor License application for the Fountain Hills VFW Post No. 7507 for a beer garden in
conjunction with the Great Fair on Feb 21-23, 2020.
Staff Summary (Background)
The purpose of this item is to obtain Council's approval regarding the special event liquor license
application submitted by Boris Biloskirka representing the Fountain Hills VFW Post No. 7507 Veterans
for submission to the Arizona Department of Liquor. This special event liquor license is being obtained
for the purpose of holding a beer garden in conjunction with the Great Fair. The special event liquor
license application was reviewed by staff for compliance with Town ordinances and staff unanimously
recommends approval of this special event liquor license application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License
Attachments
lG:\Special Events\Liquor Apps\2020
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 12/05/2019 07:54 AM
Town Attorney Aaron D. Arnson 12/05/2019 09:41 AM
Town Manager Grady E. Miller 12/05/2019 09:45 AM
Form Started By: Linda Ayres Started On: 11/25/2019 07:47 AM
Final Approval Date: 12/05/2019
ITEM 6. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Jennifer Lyons, Senior Services Supervisor
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
a Special Event Liquor application for Senior Services, Inc., for a fundraiser to be held in the Fountain
Hills Community Center on February 13, 2020.
Staff Summary (Background)
The purpose of this item is to obtain Council's approval regarding the Special Event Liquor License
application submitted by Lynn Strang, representing Senior, Services, Inc., for submission to the Arizona
Department of Liquor. The special event liquor license application was reviewed by staff for compliance
with Town ordinances and staff unanimously recommends approval of the application as submitted. All
applicants are required to submit a Town alcohol application and submit a $25 fee. Once the fee is paid
and the application is approved by Town staff, the applicant submits the Arizona State application for a
Special Event Liquor License to Town Council for approval.
Once the application is approved by Town Council, the applicant will bring the signed paperwork to the
Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the
event.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R1-1-228, R19-1-235, and R19-1-309.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the Special Event Liquor License.
SUGGESTED MOTION
MOVE to approve a Special Event Liquor License for Senior Services Inc.
Attachments
Application
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 12/04/2019 02:34 PM
Town Attorney Aaron D. Arnson 12/04/2019 03:24 PM
Town Manager Grady E. Miller 12/04/2019 03:45 PM
Form Started By: Jennifer Lyons Started On: 12/04/2019 10:46 AM
Final Approval Date: 12/04/2019
ITEM 6. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Kukkola Sonia, Financial Services Technician
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a
Liquor License Application for Aguamenti, located at 16842 E. Parkview Avenue #2, Fountain Hills,
Arizona, for a Series 7 (Wine & Beer) license.
Staff Summary (Background)
The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license
application submitted by Donna Chavez, owner of Aguamenti, for submission to the Arizona
Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance
with Town ordinances.
Related Ordinance, Policy or Guiding Principle
A.R.S.§4-201; 4-202;4-203 &4-205 and R19-1-102 and R19-1-311.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the liquor license application.
SUGGESTED MOTION
MOVE to approve a #7 liquor license application for Aguamenti.
Attachments
Dept Recommendation
Application
Form Review
Inbox Reviewed By Date
Finance Director David Pock 12/04/2019 03:21 PM
Town Attorney Aaron D. Arnson 12/04/2019 03:23 PM
Town Manager Grady E. Miller 12/04/2019 03:42 PM
Form Started By: Kukkola Sonia Started On: 12/04/2019 09:51 AM
Final Approval Date: 12/04/2019
TOWN OF FOUNTAIN HILLS
ADMINISTRATION DEPARTMENT
INTER OFFICE MEMO
TO: (as applicable)
• Streets Division
• Fire Department
• Building Division
• Community Services
• Development Services
• Law Enforcement
• Licensing
DATE: 12/2/19
FR: Sonia Kukkola,
Financial Services Technician
RE: Liquor License Application
Attached is a Liquor License Application for staff review.
Review the application, then mark or sign, indicating staff’s recommendation for approval (with or
without stipulations) or denial.
If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo
that specifies the reasoning and the memo will be forwarded on to the Town Council for their
consideration of this application.
Name of Organization: Aguamenti, 16842 E. Parkview Avenue #2, Fountain Hills AZ 85268
Applicant: Donna Chavez
Date(s) of Event: N/A
Date Application Received: 11/04/19 Town Council Agenda Date: 12/17/19
STAFF REVIEW AND RECOMMENDATION:
Department/Division Staff Member Approved Denied N/A
P & Z Marissa Moore X
Community Services Linda Ayres N/A
Peter Johnson Building Safety X
Fire Department Jason Payne X
Law Enforcement Larry Kratzer X
Licensing Sonia Kukkola X
Street Department Jeff Pierce X
Attach report for denial or any recommendation requiring stipulations.
REDACTED
REDA
CTED
REDACTED
REDACTED
REDACTED
REDACTE
D
REDACTED
ITEM 6. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting
Ordinance 19-17, amending Chapter 7 of the Fountain Hills Zoning Ordinance by removing Sections 7.02
G., Storage and Parking of Commercial Vehicles in Residential Districts; H., Storage and Parking of
Unoccupied, Non-commercial, Mobile Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel
Trailers, and Other Trailers; I. 2., Occupied Mobile Homes, Motor Homes, Truck Campers, Camping
Trailers, Travel Trailers, and Other Trailers; and, J. Storage and Parking of Junk Automobiles and
renumbering the remaining sections. Case #Z2019-07
Staff Summary (background)
This ordinance is a simple housekeeping item. In 2017 staff processed an amendment to the Town Code
moving certain provisions found in Chapter 7 of the Zoning Ordinance into Chapter 12 of the Town
Code. The ordinance language added to Chapter 12 of the Town Code included some updates and
revisions to the ordinance requirements.
It is not necessary, and can be confusing to have similar provisions in two sections of the Town
ordinances. It is beneficial, therefore, to amend the Zoning Ordinance to remove these provisions. The
attached ordinance is a simple strike-through of the existing provisions of Chapter 7 of the Zoning
Ordinance that need to be removed. Remaining sections have been renumbered. No new or modified
ordinance language is being proposed.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 7
Town Code Chapter 12
Risk Analysis
Approval of the requested amendment will eliminate duplicative and out-of-date language
from the Zoning Ordinance which will help with code enforcement.
Denial of the requested amendment will maintain current ordinance provisions.
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission recommends approval of this text amendment as written.
Staff Recommendation(s)
Staff recommends adoption of Ordinance 19-17.
SUGGESTED MOTION
MOVE to adopt Ordinance 19-17.
Attachments
Ord. 19-17
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Burke 11/18/2019 12:29 PM
Development Services Director (Originator)John Wesley 11/18/2019 12:41 PM
Town Attorney Aaron D. Arnson 11/18/2019 12:52 PM
Town Manager Grady E. Miller 11/21/2019 08:21 AM
Form Started By: John Wesley Started On: 11/18/2019 10:22 AM
Final Approval Date: 11/21/2019
ORDINANCE NO. 19-17
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 7, PARKING AND LOADING
REQUIREMENTS, DELETING SECTIONS 7.02 G., STORAGE AND PARKING
OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS; H., STORAGE
AND PARKING OF UNOCCUPIED, NON-COMMERCIAL, MOBILE HOMES,
BOATS, AIRCRAFT, TRUCK CAMPERS, CAMPING TRAILERS, TRAVEL
TRAILERS, AND OTHER TRAILERS; I. 2., OCCUPIED MOBILE HOMES,
MOTOR HOMES, TRUCK CAMPERS, CAMPING TRAILERS, TRAVEL
TRAILERS, AND OTHER TRAILERS; and, J. STORAGE AND PARKING OF
JUNK AUTOMOBILES, AND RENUMBERING THE REMAINING SECTIONS
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 7, Parking
and Loading Requirements, relating to provisions for the storage of various types of vehicles and
equipment; and
WHEREAS, the Town Council through Ordinance number 17-02 updated and moved these same
provisions to Chapter 12 of the Town Code; 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 30, 2019 and
November 6, 2019 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
November 14, 2019 and by the Town Council on December 17, 2019.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 7, (Parking and Loading Requirements), Section
7.02 (General Regulations), is hereby amended as follows:
G. Storage and Parking of Commercial Vehicles in Residential Districts:
1. Except while loading, unloading, delivering, or making a service call at a residence,
no person shall park or store a commercial vehicle, as defined in Arizona Rev.
Stat. 28-2231, and with a chassis rated for more than three and one half tons nor
ORDINANCE 19-17 PAGE 2
any vehicle greater than 22-feet in length on streets in residential districts or within
the following areas on residential lots.
a. Within the front or street side yard.
b. Within the side or rear yard unless the vehicle is located behind a six foot
high solid masonry, concrete, or earthen product wall. Further, any access
gates shall be constructed of view-obscuring materials to provide effective
site screening.
2. Except while loading, unloading, delivering or making a service call at a residence,
no person shall park or store any commercially registered vehicle with a chassis
rated for more than five tons anywhere in residential districts.
H. Storage and parking of Unoccupied, Non-commercial, Mobile Homes, Boats,
Aircraft, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers:
1. Unoccupied, non-commercial motor homes, camping, travel, and utility trailers and
boats shall only be stored, parked, or located as follows:
a. Where such vehicle is parked or stored on a residential lot, said vehicle
must be behind a six-foot high solid masonry, concrete, or earthen product
wall; any access gates shall be constructed of view-obscuring materials to
provide site screening.
b. Where such vehicle or trailer is in the process of being loaded or unloaded,
such vehicles shall not be located in that portion of a lot that is in the front
of the primary structure at anytime for more than two (2) consecutive days.
c. Where a temporary visitor permit has been issued by the Zoning
Administrator and said permit is displayed on the right side of the
dashboard of such vehicle or in such location on the trailer as designated
and approved by the Zoning Administrator.
d. Such vehicles and trailers must not be located on a residentially zoned lot
or parcel of land that does not have a residential structure. In planned unit
development projects, screened storage yards may be allowed; however,
occupancy of any vehicle in the storage yard is prohibited.
e. In all non-residential zoning districts, such vehicles must be located behind
the rear of the principal building, except where such vehicles are for sale
by a business with a valid town business license.
2. If storage or parking, as required by this section, is not feasible, the Zoning
Administrator may issue an Administrative Use Permit to park or store vehicles
under this section in an alternative manner.
IG. Storage and Parking of Occupied Vehicles:
1. Construction Office or Security Personnel Housing. The Zoning Administrator
may issue an Administrative Use Permit to park a mobile home, motor home, truck
ORDINANCE 19-17 PAGE 3
camper, or trailer in any zone where said vehicle is used to conduct business or
provide housing for security personnel during the construction of a permanent
building when a valid building permit is in effect. Such a mobile home or trailer
shall be removed immediately upon the stoppage of construction.
2. Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers,
Travel Trailers, and Other Trailers. For purposes of this subsection, the term
"occupied" means a vehicle used for living, sleeping, or housekeeping purposes.
Except as otherwise provided in this section.
a. Occupied mobile homes shall be located only in approved mobile home
parks or subdivisions approved for mobile homes.
b. Occupied motor homes, camping trailers, truck campers, and travel trailers
may be located only in recreational vehicle parks or recreational vehicle
subdivisions.
32. Temporary Sales Offices for Subdivisions. After obtaining a Temporary Use
Permit and a Building permit for a model home, a mobile home may be used for
temporary real estate sales, subject to the following stipulations:
a. An all-weather access route to the mobile home has been approved by the
Town Engineer.
b. A delineated parking area is provided for customer and sales personnel
vehicles that is away from construction activity and traffic, with a minimum
of one off-street a space for each person stationed at the mobile home plus
two spaces.
c. The mobile home must have indoor restroom facilities available to all
patrons.
d. The mobile home must be removed from the site prior to the opening of the
model home.
e. On-site sales personnel must be present at least five days a week during
normal business hours. In no event shall a mobile home under this section
be open before 7:00 A.M. or after 9:00 P.M.
f. The business conducted in the mobile home is restricted to sales and
marketing associated with tract subdivision within which the mobile home
is located.
g. The Temporary Use Permit shall not be for more than 120 days.
h. The mobile home shall be skirted with material similar to the siding of the
mobile home.
i. There shall be a landscaped area at least equivalent to the square footage
of the mobile home. Landscaping shall consist of at least one five-gallon
plant for each ten lineal feet of the longest side of the mobile home.
ORDINANCE 19-17 PAGE 4
J. Storage and Parking of Junk Automobiles:
1. Definition. "Junk Automobile" means any vehicle missing one or more body parts;
or that is incapable of operating under its own power; or that is missing any wheels;
or that is missing or has severely shattered glass which prohibits safe operation;
or that has one or more flat tires for a period of seventy-two (72) or more hours.
2. Junk Automobiles. In open space recreational and residential zoning districts,
junk automobiles shall be stored in a completely enclosed building. In commercial
and industrial zoning districts, junk automobiles shall be stored in an enclosed
building or in an area that is screened from neighboring properties and public view.
KH. Aircraft:
Aircraft may only be located in industrial zones and must be located in an area screened
from public view.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona , this
17th day of December, 2019.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION
OF appointment to the McDowell Mountain Preservation Commission.
Staff Summary (Background)
With the resignation of Bill Meyers from the McDowell Mountain Preservation Commission, effective
December 31, 2019, a vacancy was advertised in the Fountain Hills Times and on the Town's website.
The Town received four applications and the Council Subcommittee will be interviewing these
applicants on Monday, December 16, 2019, to provide a recommendation to the Mayor for appointment
at the December 17, 2019, Regular Council Meeting. This appointment would be for a term expiring
October 31, 2020.
Related Ordinance, Policy or Guiding Principle
Chapter 2A of the Town Code
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Make one appointment for a term ending October 31, 2020.
SUGGESTED MOTION
MOVE to appoint _________ to the McDowell Mountain Preservation Commission, with a term ending
October 31, 2020.
Form Review
Inbox Reviewed By Date
Finance Director Elizabeth A. Burke 12/11/2019 06:32 AM
Town Attorney Elizabeth A. Burke 12/11/2019 06:32 AM
Town Manager Grady E. Miller 12/11/2019 10:20 AM
Form Started By: Elizabeth A. Burke Started On: 12/11/2019 06:24 AM
Final Approval Date: 12/11/2019
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING ON proposed
Development Impact Fee Report.
Staff Summary (Background)
The Town of Fountain Hills contracted with TischlerBise to review and update the Town's development
impact fee schedule. Development impact fees are charged to developers to recover the cost of critical
infrastructure that is required due to the impact of new residential and commercial developments in
town.
As required by A.R.S. §9-463.05, the Town Council completed the first phase of this process by passing
and adopting Resolution 2019-53 during their regular meeting on November 13, 2019. That resolution
adopted the Town's Land Use Assumptions (LUA) and Infrastructure Improvements Plan (IIP) and also
provided the Town's Notice of Intent to assess development impact fees. The second phase includes a
public hearing on the Development Impact Fee Report, which is required at least 30 days after adoption
of the LUA and IIP. Based on the analysis done in the LUA and IIP, development impact fees were
calculated and included in the Development Fee Report. This report can be found on pages 4-10 of the
attached TischlerBise document.
At the Town Council meeting on December 17, 2019, the Town Council will hold a public hearing for the
purpose of accepting public comments on the proposed fee report. Following the public comment
period, the Mayor will close the public hearing. The Town Council will have an opportunity to adopt a
resolution approving the fee report during its regular meeting on January 21, 2020.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
There is no action required at this time.
Attachments
Development Impact Fee Report
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 12/04/2019 03:19 PM
Town Attorney Aaron D. Arnson 12/04/2019 03:36 PM
Town Manager Grady E. Miller 12/04/2019 03:56 PM
Form Started By: David Pock Started On: 12/04/2019 05:24 AM
Final Approval Date: 12/04/2019
DRAFT
Land Use Assumptions,
Infrastructure Improvements Plan,
and Development Fee Report
Prepared for:
Town of Fountain Hills, Arizona
November 5, 2019
4701 Sangamore Road
Suite S240
Bethesda, MD 20816
301.320.6900
www.TischlerBise.com
DRAFT Land Use Assumptions, IIP, and Development Fee Report
Fountain Hills, Arizona
[PAGE INTENTIONALLY LEFT BLANK]
DRAFT Land Use Assumptions, IIP, and Development Fee Report
Fountain Hills, Arizona
i
TABLE OF CONTENTS
EXECUTIVE SUMMARY ......................................................................................................................... 1
Arizona Development Fee Enabling Legislation ................................................................................ 1
Necessary Public Services ................................................................................................................................. 1
Infrastructure Improvements Plan ................................................................................................................... 2
Qualified Professionals ...................................................................................................................................... 2
Conceptual Development Fee Calculation ...................................................................................................... 3
Evaluation of Credits/Offsets ............................................................................................................................ 3
DEVELOPMENT FEE REPORT ................................................................................................................ 4
Methodology ........................................................................................................................................... 4
Service Areas ........................................................................................................................................... 6
Current Development Fees ................................................................................................................... 8
Proposed Development Fees ................................................................................................................. 9
Difference between proposed and current development fees ........................................................ 10
PARKS AND RECREATION FACILITIES INFRASTRUCTURE IMPROVEMENTS PLAN ............................ 11
Service Area ....................................................................................................................................................... 11
Proportionate Share .......................................................................................................................................... 12
Ratio of Service Units to Development Units ................................................................................... 13
Analysis of Capacity, Usage, and Costs of Existing Public Services ............................................. 13
Developed Park Land – Incremental Expansion .......................................................................................... 14
Park Amenities – Incremental Expansion ..................................................................................................... 15
Development Fee Report – Plan-Based ......................................................................................................... 17
Projected Demand for Services And Costs ........................................................................................ 17
Parks and Recreation Facilities IIP ..................................................................................................... 19
Parks and Recreation Facilities Development Fees .......................................................................... 20
Revenue Credit/Offset ..................................................................................................................................... 20
Proposed Parks and Recreation Facilities Development Fees .................................................................... 20
Forecast of Parks and Recreation Facilities Development Fee Revenues ..................................... 21
FIRE FACILITIES INFRASTRUCTURE IMPROVEMENTS PLAN .............................................................. 22
Service Area ....................................................................................................................................................... 22
Proportionate Share .......................................................................................................................................... 23
Ratio of Service Units to development units ..................................................................................... 24
Analysis of Capacity, Usage, and Costs of Existing Public Services ............................................. 24
Fire Apparatus – Incremental Expansion ...................................................................................................... 25
Fire Equipment – Incremental Expansion ..................................................................................................... 26
Development Fee Report – Plan-Based ......................................................................................................... 27
Projected Service Units and Projected Demand for Services .......................................................... 27
Fire Facilities IIP ................................................................................................................................... 29
Fire Facilities Development Fees ........................................................................................................ 30
Revenue Credit/Offset ..................................................................................................................................... 30
Proposed Fire Facilities Development Fees .................................................................................................. 30
Forecast of Fire Facilities Development Fee Revenues .................................................................... 31
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Fountain Hills, Arizona
ii
STREET FACILITIES INFRASTRUCTURE IMPROVEMENTS PLAN .......................................................... 32
Service Area ....................................................................................................................................................... 32
Proportionate Share .......................................................................................................................................... 32
Ratio of Service Units to Development Units ................................................................................... 33
Service Units ...................................................................................................................................................... 33
Trip Generation Rates ...................................................................................................................................... 33
Adjustment for Commuting Patterns ............................................................................................................ 34
Adjustment for Pass-By Trips ......................................................................................................................... 34
Analysis of Capacity, Usage, and Costs of Existing Public Services ............................................. 35
Travel Demand Model ..................................................................................................................................... 35
Calibrated Travel Demand Model ................................................................................................................. 37
Arterial Improvements – Plan-Based ............................................................................................................... 38
Improved Intersections – Incremental Expansion .......................................................................................... 39
Development Fee Report – Plan-Based ......................................................................................................... 40
Street Facilities Development Fees ..................................................................................................... 41
Revenue Credit/Offset ..................................................................................................................................... 41
Proposed Street Facilities Development Fees ............................................................................................... 41
Projected Street Facilities Development Fee Revenue ..................................................................... 42
APPENDIX A: LAND USE ASSUMPTIONS ........................................................................................... 43
Executive Summary ............................................................................................................................. 43
Service Areas ......................................................................................................................................... 43
Summary of Growth Indicators .......................................................................................................... 46
Residential Development .................................................................................................................... 47
Recent Residential Construction .................................................................................................................... 47
Household Size ................................................................................................................................................... 48
Seasonal Households ......................................................................................................................................... 49
Population Estimates ......................................................................................................................................... 49
Population Projections ...................................................................................................................................... 50
Nonresidential Development .............................................................................................................. 51
Employment Estimates .................................................................................................................................... 51
Nonresidential Square Footage Estimates ..................................................................................................... 52
Employment and Nonresidential Floor Area Projections ........................................................................... 53
Average Weekday Vehicle Trips ........................................................................................................ 54
Trip Rate Adjustments ..................................................................................................................................... 54
Commuter Trip Adjustment ........................................................................................................................... 54
Adjustment for Pass-By Trips ......................................................................................................................... 55
Estimated Residential Vehicle Trip Rates ..................................................................................................... 55
Functional Population ...................................................................................................................................... 56
Development Projections ...................................................................................................................... 57
APPENDIX B: LAND USE DEFINITIONS .............................................................................................. 58
Residential Development ...................................................................................................................... 58
Nonresidential Development ................................................................................................................ 59
APPENDIX C: FORECAST OF REVENUES ............................................................................................. 60
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Fountain Hills, Arizona
1
EXECUTIVE SUMMARY
The Town of Fountain Hills hired TischlerBise to document land use assumptions, prepare an Infrastructure
Improvements Plan (hereinafter referred to as the “IIP”), and update development fees pursuant to
Arizona Revised Statutes (“ARS”) § 9-463.05 (hereinafter referred to as the “Enabling Legislation”).
Municipalities in Arizona may assess development fees to offset infrastructure costs to a municipality for
necessary public services. The development fees must be based on an Infrastructure Improvements Plan
and Land Use Assumptions. The IIPs for each type of infrastructure are located in each infrastructure type’s
corresponding section, and the Land Use Assumptions can be found in Appendix A. The proposed
development fees are displayed in the Development Fee Report chapter.
Development fees are one-time payments used to construct system improvements needed to
accommodate new development. The fee represents future development’s proportionate share of
infrastructure costs. Development fees may be used for infrastructure improvements or debt service for
growth related infrastructure. In contrast to general taxes, development fees may not be used for
operations, maintenance, replacement, or correcting existing deficiencies.
This update of the Town’s Infrastructure Improvements Plan and associated update to its development
fees includes the following necessary public services:
• Parks and Recreation Facilities
• Fire Facilities
• Street Facilities
This plan also includes all necessary elements required to be in full compliance with Arizona Revised
Statutes (“ARS”) § 9-463.05 (SB 1525). It should be noted that this Infrastructure Improvements Plan and
Development Fee study does not include storm water, drainage or flood control facilities.
ARIZONA DEVELOPMENT FEE ENABLING LEGISLATION
The Enabling Legislation governs how development fees are calculated for municipalities in Arizona.
Necessary Public Services
Under the requirements of the Enabling Legislation, development fees may only be used for construction,
acquisition or expansion of public facilities that are necessary public services. “Necessary public service”
means any of the following categories of facilities that have a life expectancy of three or more years and
that are owned and operated on behalf of the municipality: water, wastewater, storm water, drainage,
flood control, library, streets, fire and police, and neighborhood parks and recreation. Additionally, a
necessary public service includes any facility, not included in the aforementioned categories (e.g., general
government facilities), that was financed before June 1, 2011 and that meets the following requirements:
1. Development fees were pledged to repay debt service obligations related to the construction of
the facility.
2. After August 1, 2014, any development fees collected are used solely for the payment of principal
and interest on the portion of the bonds, notes, or other debt service obligations issued before
June 1, 2011 to finance construction of the facility.
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Fountain Hills, Arizona
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Infrastructure Improvements Plan
Development fees must be calculated pursuant to an IIP. For each necessary public service that is the
subject of a development fee, by law, the IIP shall include the following seven elements:
• A description of the existing necessary public services in the service area and the costs to update,
improve, expand, correct or replace those necessary public services to meet existing needs and
usage and stricter safety, efficiency, environmental or regulatory standards, which shall be
prepared by qualified professionals licensed in this state, as applicable.
• An analysis of the total capacity, the level of current usage and commitments for usage of capacity
of the existing necessary public services, which shall be prepared by qualified professionals
licensed in this state, as applicable.
• A description of all or the parts of the necessary public services or facility expansions and their
costs necessitated by and attributable to development in the service area based on the approved
Land Use Assumptions, including a forecast of the costs of infrastructure, improvements, real
property, financing, engineering and architectural services, which shall be prepared by qualified
professionals licensed in this state, as applicable.
• A table establishing the specific level or quantity of use, consumption, generation or discharge of
a service unit for each category of necessary public services or facility expansions and an
equivalency or conversion table establishing the ratio of a service unit to various types of land uses,
including residential, commercial and industrial.
• The total number of projected service units necessitated by and attributable to new development
in the service area based on the approved Land Use Assumptions and calculated pursuant to
generally accepted engineering and planning criteria.
• The projected demand for necessary public services or facility expansions required by new service
units for a period not to exceed 10 years.
• A forecast of revenues generated by new service units other than development fees, which shall
include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem
property taxes, construction contracting or similar excise taxes and the capital recovery portion of
utility fees attributable to development based on the approved Land Use Assumptions and a plan
to include these contributions in determining the extent of the burden imposed by the
development.
Qualified Professionals
The IIP must be developed by qualified professionals using generally accepted engineering and planning
practices. A qualified professional is defined as “a professional engineer, surveyor, financial analyst or
planner providing services within the scope of the person’s license, education, or experience.” TischlerBise
is a fiscal, economic, and planning consulting firm specializing in the cost of growth services and is licensed
to do business in Arizona. Our services include development fees, fiscal impact analysis, infrastructure
financing analyses, user fee/cost of service studies, capital improvement plans, and fiscal software.
TischlerBise has prepared over 900 development fee studies over the past 40 years for local governments
across the United States.
DRAFT Land Use Assumptions, IIP, and Development Fee Report
Fountain Hills, Arizona
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Conceptual Development Fee Calculation
In contrast to project-level improvements, development fees fund growth-related infrastructure that will
benefit multiple development projects, or the entire service area (usually referred to as system
improvements). The first step is to determine an appropriate demand indicator for the particular type of
infrastructure. The demand indicator measures the number of service units for each unit of development.
For example, an appropriate indicator of the demand for parks is population growth and the increase in
population can be estimated from the average number of persons per housing unit. The second step in the
development fee formula is to determine infrastructure improvement units per service unit, typically called
Level of Service standards, sometimes referred to as LOS. In keeping with the park example, a common
LOS standard is improved park acres per thousand people. The third step in the development fee formula
is the cost of various infrastructure units. To complete the park example, this part of the formula would
establish a cost per acre for land acquisition and/ or park improvements.
Evaluation of Credits/Offsets
Regardless of the methodology, a consideration of credits/offsets is integral to the development of a legally
defensible development fee. There are two types of credits/offsets that should be addressed in
development fee studies and ordinances. The first is a revenue credit/offset due to possible double
payment situations, which could occur when other revenues may contribute to the capital costs of
infrastructure covered by the development fee. This type of credit/offset is integrated into the fee
calculation, thus reducing the fee amount. The second is a site-specific credit or developer reimbursement
for dedication of land or construction of system improvements. This type of credit is addressed in the
administration and implementation of the development fee program. For ease of administration,
TischlerBise normally recommends developer reimbursements for system improvements.
DRAFT Land Use Assumptions, IIP, and Development Fee Report
Fountain Hills, Arizona
4
DEVELOPMENT FEE REPORT
METHODOLOGY
Development fees for the necessary public services made necessary by new development must be based
on the same level of service provided to existing development in the service area. There are three basic
methodologies used to calculate development fees. They examine the past, present, and future status of
infrastructure. The objective of evaluating these different methodologies is to determine the best measure
of the demand created by new development for additional infrastructure capacity. Each method has
advantages and disadvantages in a particular situation and can be used simultaneously for different cost
components. Additionally, development fees for public services can also include the cost of professional
services for preparing IIP’s and the related Development Fee report.
Reduced to its simplest terms, the process of calculating development fees involves two main steps: (1)
determining the cost of development-related capital improvements and (2) allocating those costs equitably
to various types of development. In practice, though, the calculation of development fees can become
quite complicated because of the many variables involved in defining the relationship between
development and the need for facilities within the designated service area. The following paragraphs
discuss basic methods for calculating development fees and how those methods can be applied.
• Cost Recovery (past improvements) - The rationale for recoupment, often called cost recovery, is
that new development is paying for its share of the useful life and remaining capacity of facilities
already built, or land already purchased, from which new growth will benefit. This methodology is
often used for utility systems that must provide adequate capacity before new development can
take place.
• Incremental Expansion (concurrent improvements) - The incremental expansion method
documents current level of service standards for each type of public facility, using both quantitative
and qualitative measures. This approach assumes there are no existing infrastructure deficiencies
or surplus capacity in infrastructure. New development is only paying its proportionate share for
growth-related infrastructure. Revenue will be used to expand or provide additional facilities, as
needed, to accommodate new development. An incremental expansion cost method is best suited
for public facilities that will be expanded in regular increments to keep pace with development.
• Plan-Based (future improvements) - The plan-based method allocates costs for a specified set of
improvements to a specified amount of development. Improvements are typically identified in a
long-range facility plan and development potential is identified by a land use plan. There are two
basic options for determining the cost per demand unit: (1) total cost of a public facility can be
divided by total demand units (average cost), or (2) the growth-share of the public facility cost
can be divided by the net increase in demand units over the planning timeframe (marginal cost).
DRAFT Land Use Assumptions, IIP, and Development Fee Report
Fountain Hills, Arizona
5
A summary is provided in Figure 1 showing the methodology for each necessary public service, as well as
the service area and cost allocation method used to develop the IIP and calculate the development fees.
Due to the present uncertainty of development intensity, timeliness, and conveyance of State Land
property in the Fountain Hills service area, it is recommended that growth-related transportation impacts
be addressed through both plan-based and incremental expansion methodologies.
Figure 1: Recommended Calculation Methodologies
Rounding
A note on rounding: Calculations throughout this report are based on an analysis conducted using Excel
software. Most results are discussed in the report using two, three, and four-digit places, which represent
rounded figures. However, the analysis itself uses figures carried to their ultimate decimal places;
therefore, the sums and products generated in the analysis may not equal the sum or product if the reader
replicates the calculation with the factors shown in the report (due to the rounding of figures shown, not
in the analysis).
Incremental
Expansion
Parks and
Recreation Townwide Developed Park Land,
Park Amenities
Development Fee
Report N/A Population, Jobs
Fire Townwide Fire Apparatus,
Fire Equipment
Development Fee
Report N/A Population, Jobs
Street Townwide Improved Intersections
Arterial Improvements,
Development Fee
Report
N/A VMT
Necessary
Public Service
Service
Area Plan-Based Cost
Recovery
Cost
Allocation
DRAFT Land Use Assumptions, IIP, and Development Fee Report
Fountain Hills, Arizona
6
SERVICE AREAS
ARS 9-463.05 defines “service area” as follows:
Any specified area within the boundaries of a municipality in which development will be served by
necessary public services or facility expansions and within which a substantial nexus exists between
the necessary public services or facility expansions and the development being served as prescribed
in the infrastructure improvements plan.
The Town’s previous Land Use Assumptions, Infrastructure Improvement Plan, and Development Fee
Report recommended one service area, shown below in Figure 2.
Figure 2: Current Development Fee Service Area
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Much of the land in Fountain Hills has been developed with approximately 24 percent, or 2,400, of the
9,780 developable acres remaining until the community reaches “build out,” a state of maximum
development under the adopted plan. As development of the remaining available land proceeds, it is
important to identify any additional demands, and associated costs, for services that will be utilized by
future development including the provision of adequate park and recreational space, transportation
networks, fire apparatus and equipment. All of the elements incorporated into the study are intended to
serve the entire Town with a standard level of service as opposed to bounded districts or subareas. As an
example, referring to Figure 3, a new residential development in Section 2 is still likely to utilize regional
recreational amenities and transportation infrastructure located throughout Town. Furthermore, fire
demands change over time based on migration patterns of people and are not necessarily restricted to
specific geographic sub-zones. As such, TischlerBise recommends a townwide service area for all fees.
Figure 3: Proposed Development Fee Service Area
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CURRENT DEVELOPMENT FEES
Fountain Hills’ current development fees are shown below in Figures 4 and 5. Demand for services (parks
and recreation, fire, and streets) is driven by the intensity of the use on those particular services; therefore,
fees are assessed based on development type – residential or nonresidential. Current fees are shown in
Figure 4 for residential development and in Figure 5 for nonresidential development. It is worth noting
there are currently no fees for street improvements.
Figure 4: Current Residential Development Fees
Figure 5: Current Nonresidential Development Fees
Residential Development
Development Type Fire Parks and
Recreation Street Total
Single Family $300 $1,301 $0 $1,601
Multi-Family $300 $1,301 $0 $1,601
Development Fees per Unit
Nonresidential Development
Development Type Fire Parks and
Recreation Street Total
Industrial $0.24 $0.00 $0.00 $0.24
Commercial $0.24 $0.00 $0.00 $0.24
Institutional $0.24 $0.00 $0.00 $0.24
Office $0.24 $0.00 $0.00 $0.24
Development Fees per Square Foot
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PROPOSED DEVELOPMENT FEES
The proposed fees are based on a policy-level concept that development fees should fund 100 percent of
growth-related infrastructure, therefore the fees shown below represent the maximum allowable fees.
Fountain Hills may adopt fees that are less than the amounts shown; however, a reduction in development
fee revenue will necessitate an increase in other revenues, a decrease in planned capital improvements,
and/or a decrease in Fountain Hills’ level-of-service standards. All costs in the Development Fee Report are
in current dollars with no assumed inflation rate over time. If cost estimates change significantly over time,
development fees should be recalibrated.
Proposed development fees are shown below in Figures 6 and 7. Development fees for residential
development are assessed per dwelling unit, based on the type of unit. Nonresidential development fees
are assessed per square foot of floor area.
Figure 6: Proposed Residential Development Fees
Figure 7: Proposed Nonresidential Development Fees
Residential Development
Development Type Fire Parks and
Recreation Street Total
Single Family $122 $1,916 $1,935 $3,974
Multi-Family $94 $1,479 $964 $2,537
Development Fees per Unit
Nonresidential Development
Development Type Fire Parks and
Recreation Street Total
Industrial $0.10 $0.56 $0.63 $1.29
Commercial $0.14 $0.81 $2.86 $3.82
Institutional $0.06 $0.32 $2.48 $2.86
Office $0.18 $1.03 $1.24 $2.45
Development Fees per Square Foot
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DIFFERENCE BETWEEN PROPOSED AND CURRENT DEVELOPMENT FEES
The differences between the proposed and current development fees are displayed below in Figure 8 for
residential development and Figure 9 for nonresidential development.
Figure 8: Difference Between Proposed and Current Residential Development Fees
Figure 9: Difference Between Proposed and Current Nonresidential Development Fees
Residential Development
Development Type Fire Parks and
Recreation Street Fee Change
Single Family ($178)$615 $1,935 $2,373
Multi-Family ($206)$178 $964 $936
Development Fees per Unit
Nonresidential Development
Development Type Fire Parks and
Recreation Street Fee Change
Industrial ($0.14)$0.56 $0.63 $1.05
Commercial ($0.10)$0.81 $2.86 $3.58
Institutional ($0.19)$0.32 $2.48 $2.62
Office ($0.06)$1.03 $1.24 $2.21
Development Fees per Square Foot
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PARKS AND RECREATION FACILITIES INFRASTRUCTURE IMPROVEMENTS PLAN
ARS § 9-463.05 (T)(7)(g) defines the facilities and assets that can be included in the Parks and Recreational
Facilities IIP:
“Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks
and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the
development. Park and recreational facilities do not include vehicles, equipment or that portion of
any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts
and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses,
community centers greater than three thousand square feet in floor area, environmental education
centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks,
water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but
may include swimming pools.”
The Parks and Recreation Facilities IIP includes components for developed park land, park amenities, and
the cost of professional services for preparing the Parks and Recreation Facilities IIP and related
Development Fee Report. An incremental expansion methodology is used for developed park land, and
park amenities. A plan-based methodology is used for the Development Fee Report.
Service Area
The Town of Fountain Hills plans to provide a uniform level of service and equal access to parks and
recreational facilities within the Town limits. The parks and recreation programs are structured and
provided to make full use of Fountain Hills’ total inventory of facilities. Therefore, the Parks and Recreation
Facilities IIP uses a townwide service area.
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Proportionate Share
ARS § 9-463.05 (B)(3) states that the development fee shall not exceed a proportionate share of the cost
of necessary public services needed to accommodate new development. TischlerBise recommends peak
daytime population as a reasonable indicator of the potential demand for Parks and Recreational Facilities
from residential and nonresidential development. According to the U.S. Census Bureau web application
OnTheMap, there were 2,929 inflow commuters in 2015, which is the number of persons who work in
Fountain Hills but live outside the Town. OnTheMap is a web-based mapping and reporting application that
shows where workers are employed and where they live. It describes geographic patterns of jobs by their
employment locations and residential locations as well as the connections between the two locations.
OnTheMap was developed through a unique partnership between the U.S. Census Bureau and its Local
Employment Dynamics (LED) partner states. OnTheMap data is used, as shown in Figure PK1, to derive
functional population shares for Fountain Hills. The estimated peak population in 2015, which includes
seasonal residents, was 28,282 persons. The study uses 2015 data because this the most recent year
available for inflow/outflow data.
As shown in Figure PK1, the proportionate share is based on cumulative impact days per year with residents
potentially impacting parks and recreational facilities 365 days per year. Inflow commuters potentially
impact park and recreational facilities 250 days per year, assuming 5 workdays per week multiplied by 50
weeks per year. For parks and recreational facilities, residential development generates 93 percent of
demand and nonresidential development generates the remaining seven percent of demand.
Figure PK1: Daytime Population in 2015
Fountain Hills
Residents
Inflow
Commuters Residential 1 Nonresidential 2 Total Residential Nonresidential
28,282 2,929 10,322,928 732,250 11,055,178 93%7%
1. Days per Year = 365 365
2. Days per Year = 250 (5 Days per Week x 50 Weeks per Year)250
Cost Allocation for ParksCumulative Impact Days per Year
Source: Maricopa Association of Goverments 2015 Population Estimate; TischlerBise Peak Population Analysis; U.S. Census Bureau,
OnTheMap 6.1.1 Application, 2015.
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RATIO OF SERVICE UNITS TO DEVELOPMENT UNITS
ARS § 9-463.05(E)(4) requires:
“A table establishing the specific level or quantity of use, consumption, generation or discharge of
a service unit for each category of necessary public services or facility expansions and an
equivalency or conversion table establishing the ratio of a service unit to various types of land uses,
including residential, commercial and industrial.”
Figure PK2 displays the demand indicators for residential and nonresidential land uses. For residential
development, the table displays the persons per household for single-family (or single unit) and multi-
family units. For nonresidential development, the table displays the number of employees per thousand
square feet of floor area for four different types of nonresidential development.
Figure PK2: Parks and Recreational Facilities Ratio of Service Unit to Development Unit
ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES
ARS § 9-463.05(E)(1) requires:
“A description of the existing necessary public services in the service area and the costs to upgrade,
update, improve, expand, correct or replace those necessary public services to meet existing needs
and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be
prepared by qualified professionals licensed in this state, as applicable.”
ARS § 9-463.05(E)(2) requires:
“An analysis of the total capacity, the level of current usage and commitments for usage of capacity
of the existing necessary public services, which shall be prepared by qualified professionals licensed
in this state, as applicable.”
Development Type Persons per
Household1
Single Family 2.15
Multi-Family 1.66
Development Type Jobs per
1,000 Sq. Ft1
Industrial 1.63
Commercial 2.34
Institutional 0.93
Office 2.97
1. See Land Use Assumptions
Residential Development
Nonresidential Development
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Developed Park Land – Incremental Expansion
The summary of developed neighborhood and community park land in Fountain Hills is displayed in Figure
PK3. Town-owned golf courses, regional parks, retention ponds, and conservation parks were excluded
from the inventory. Fountain Hills has a total of 127 acres of developed park land.
The level of service for residential development is 0.00410 acres per resident, which is calculated by
multiplying the total number of acres (127) by the residential proportionate share (93 percent) and dividing
this total by the 2018 peak population (28,840). The nonresidential level of service is 0.00161 acres per job,
which is found by multiplying the total number of acres (127) by the nonresidential proportionate share (7
percent) and dividing this total by the number of jobs in 2018 (5,521). The analysis uses a developed cost
of $40,000 per acre – this includes infrastructure costs and excludes land acquisition costs. Multiplying the
average cost per developed acre of park land ($40,000) by the residential and nonresidential levels of
service results in a cost of $163.81 per person and $64.41 per job. Note that while the LOS standards shown
are rounded to the fifth decimal place, the analysis does not round these figures.
Figure PK3: Developed Park Land Level-of-Service Standards
Description Developed Acres
Desert Vista Park 12.0
Fountain Park 65.0
Four Peaks Park 14.0
Golden Eagle Park 25.0
Avenue Plaza 3.0
Botanical Garden Preserve 8.0
Total 127.0
Developed Cost per Acre1 $40,000
Existing Developed Acres 127.0
Residential Share 93%
2018 Peak Population 28,840
Developed Acres per Person 0.00410
Cost per Person $163.81
Nonresidential Share 7%
2018 Jobs 5,521
Developed Acres per Job 0.00161
Cost per Job $64.41
1. Includes infrastructure costs but excludes acquisition costs.
Cost Allocation Factors
Level-of-Service Standards
Residential
Nonresidential
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Park Amenities – Incremental Expansion
Fountain Hills’ park amenities inventory is displayed in Figure PK4. Fountain Hills parks have 70 amenities,
which have a total replacement cost of about $22.1 million. Dividing the total replacement cost by the total
number of amenities yields an average cost per amenity of $315,757 as shown in Figure PK4.
Figure PK4: Park Amenities Inventory
Description Units Unit Cost Replacement Cost
GE-Softball Fields 3 $725,000 $2,175,000
GE-Baseball Fields 1 $625,000 $625,000
GE-Tennis Courts 4 $108,000 $432,000
GE-Basketball Courts 2 $120,000 $240,000
GE-Vollyball Courts 2 $24,000 $48,000
GE-Playgrounds (0-5 YO)1 $125,000 $125,000
GE-Playgrounds (5-12 YO)1 $230,000 $230,000
GE-Ramada (Saguaro)1 $168,000 $168,000
GE-Ramada (Ocotillo)1 $84,000 $84,000
GE-Ramada (Cottonwood)1 $84,000 $84,000
GE-Restrooms 1 $420,000 $420,000
GE-Parking Lot 3 $525,938 $1,577,814
FP-Splash Pad 1 $480,000 $480,000
FP-Great Lawn 1 $475,000 $475,000
FP-Red Yucca Lawn 1 $475,000 $475,000
FP-Golden Barrel Lawn 1 $475,000 $475,000
FP-Disk Golf 1 $15,284 $15,284
FP-Walking Path 1 $380,284 $380,284
FP-Restrooms 1 $420,000 $420,000
FP-Playground (2-5 YO)1 $125,000 $125,000
FP-Musical Playground 1 $230,000 $230,000
FP-Playground (5-12 YO)1 $230,000 $230,000
FP-Ramada (Kiwanis)1 $168,000 $168,000
FP-Ramada (Red Yucca)1 $84,000 $84,000
FP-Ramada (Chuparosa)1 $84,000 $84,000
FP-Ramada (Golden Barrel)1 $84,000 $84,000
FP-Ramada (Ironwood)1 $84,000 $84,000
FP-Parking Lot 2 $525,938 $1,051,876
4P-Multi Use Field 2 $475,000 $950,000
4P-Parking Lot 2 $525,938 $1,051,876
4P-Playground (5-12 YO)2 $230,000 $460,000
4P-Ramada 1 $84,000 $84,000
4P-Restrooms 1 $420,000 $420,000
4P-Softball Field 2 $825,000 $1,650,000
4P-Foot Bridge 1 $750,000 $750,000
4P-Tennis Court 2 $108,000 $216,000
DV-Dog Park 1 $650,000 $650,000
DV-Multi Use Field 3 $475,000 $1,425,000
DV-Parking Lot 1 $525,938 $525,938
DV-Playground (5-12 YO)1 $230,000 $230,000
DV-Ramada 8 $84,000 $672,000
DV-Restroom 1 $420,000 $420,000
DV-Skate Park 1 $414,000 $414,000
Adero-Restrooom 1 $420,000 $420,000
Adero-Parking Lot 1 $525,938 $525,938
Adero-Ramada 1 $168,000 $168,000
Total 70 $315,757 $22,103,010
1. Parks and Recreation Department, City of Fountain Hills.
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The current residential level of service is 0.00226 amenities per resident, which was calculated by
multiplying the 70 amenities by the residential proportionate share (93 percent) and dividing this amount
by the current population (28,840). Similarly, the nonresidential level of service is 0.00089 units per job
(5,521). Multiplying the average cost per amenity ($315,757) by the residential and nonresidential levels
of service results in a cost of $712.75 per person and $280.24 per job. Note that while the LOS standards
shown are rounded to the fifth decimal place, the analysis does not round these figures. Therefore, the
cost analysis calculations may not produce the same result if the reader replicates the calculations using
the factors shown (due to the rounding of figures shown, not in the analysis).
Figure PK5: Park Amenities Level-of-Service Standards
Cost per Amenity $315,757
Existing Amenities 70
Residential Share 93%
2018 Peak Population 28,840
Amenities per Person 0.00226
Cost per Person $712.75
Nonresidential Share 7%
2018 Jobs 5,521
Amenities per Job 0.00089
Cost per Job $280.24
Cost Allocation Factors
Level-of-Service Standards
Residential
Nonresidential
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Development Fee Report – Plan-Based
The cost to prepare the Parks and Recreation IIP and Development Fees totals $16,640. Fountain Hills plans
to update its report every five years. Based on this cost, proportionate share, and five-year projections of
new development from the Land Use Assumptions document, the cost per person is $14.63 and the cost
per job is $2.39.
Figure PK6: Development Fee Report Cost Allocation
PROJECTED DEMAND FOR SERVICES AND COSTS
ARS § 9-463.05(E)(5) requires:
“The total number of projected service units necessitated by and attributable to new development
in the service area based on the approved land use assumptions and calculated pursuant to
generally accepted engineering and planning criteria.”
As shown in Figure PK8, the Land Use Assumptions projects an additional 2,163 persons and 872 jobs over
the next 10 years.
ARS § 9-463.05(E)(6) requires:
“The projected demand for necessary public services or facility expansions required by new service
units for a period not to exceed ten years.”
These projected service units are multiplied by the current levels of service for the IIP components shown
in Figures PK7 and PK8. New development will demand an additional 10.3 acres of developed park land,
and 5.7 additional park amenities over the next 10 years. The park improvements and recreational facility
totals demanded by new development multiplied by the respective costs suggests the Town will need to
spend $2.19 million on new park improvements to accommodate projected demand, as shown in the
bottom of Figure PK9.
Necessary
Public Service Cost Demand Unit 5-Year
Change
Cost per
Demand Unit
Residential 93%Population 1,058 $14.63
Nonresidential 7%Jobs 487 $2.39
Residential 81%Population 1,058 $12.74
Nonresidential 19%Jobs 487 $6.50
Street $16,640 All Development 100%VMT 11,512 $1.45
Total $49,920
Proportionate Share
Fire $16,640
Parks and
Recreation $16,640
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Figure PK7: Projected Demand for Developed Park Land
Figure PK8: Projected Demand for Park Amenities
Demand Unit Cost per Unit
0.00410 Developed Acres per Person
0.00161 Developed Acres per Job
Year Population Jobs Residential
Acres
Nonresidential
Acres
Total
Acres
2018 28,840 5,521 118.1 8.9 127.0
2019 29,048 5,600 119.0 9.0 128.0
2020 29,258 5,789 119.8 9.3 129.1
2021 29,470 5,861 120.7 9.4 130.1
2022 29,683 5,934 121.6 9.6 131.1
2023 29,898 6,008 122.4 9.7 132.1
2024 30,115 6,083 123.3 9.8 133.1
2025 30,334 6,159 124.2 9.9 134.1
2026 30,555 6,236 125.1 10.0 135.2
2027 30,778 6,314 126.0 10.2 136.2
2028 31,003 6,393 127.0 10.3 137.3
10-Yr Increase 2,163 872 8.9 1.4 10.3
$354,274 $56,169 $410,443 Growth-Related Expenditures
Level of ServiceType of Infrastructure
Need for Developed Park Land
$40,000Developed Park Land
Demand Unit Cost per Unit
0.00226 Units per Person
0.00089 Units per Job
Year Population Jobs Residential
Units
Nonresidential
Units
Total
Units
2018 28,840 5,521 65.1 4.9 70.0
2019 29,048 5,600 65.6 5.0 70.5
2020 29,258 5,789 66.0 5.1 71.2
2021 29,470 5,861 66.5 5.2 71.7
2022 29,683 5,934 67.0 5.3 72.3
2023 29,898 6,008 67.5 5.3 72.8
2024 30,115 6,083 68.0 5.4 73.4
2025 30,334 6,159 68.5 5.5 73.9
2026 30,555 6,236 69.0 5.5 74.5
2027 30,778 6,314 69.5 5.6 75.1
2028 31,003 6,393 70.0 5.7 75.7
10-Yr Increase 2,163 872 4.9 0.8 5.7
$1,541,442 $244,390 $1,785,832 Growth-Related Expenditures
Type of Infrastructure Level of Service
Need for Park Amenities
Park Amenities $315,757
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PARKS AND RECREATION FACILITIES IIP
ARS § 9-463.05(E)(3) requires:
“A description of all or the parts of the necessary public services or facility expansions and their
costs necessitated by and attributable to development in the service area based on the approved
land use assumptions, including a forecast of the costs of infrastructure, improvements, real
property, financing, engineering and architectural services, which shall be prepared by qualified
professionals licensed in this state, as applicable.”
Potential Parks and Recreation Facilities that Fountain Hills may use development fees for in order to
accommodate new development over the next 10 years are shown in Figure PK9.
Figure PK9: Parks & Recreation Facilities Infrastructure Improvements Plan
Necessary Public Services Timeframe Cost
Developed Park Land 2019-2028 $410,443
Park Amenities 2019-2028 $1,785,832
Total $2,196,275
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PARKS AND RECREATION FACILITIES DEVELOPMENT FEES
Revenue Credit/Offset
A revenue credit/offset is not necessary for the Parks and Recreation Facilities development fees because
10-year growth costs exceed the amount of revenue that is projected to be generated by development
fees according to the Land Use Assumptions, as shown in Figure PK11.
Proposed Parks and Recreation Facilities Development Fees
Infrastructure standards and cost factors for Parks and Recreation Facilities, including developed park land,
park amenities, and the professional services cost for the IIP and Development Fee Report are summarized
at the top of Figure PK10. The cost per service unit for Parks and Recreation Facilities development fees is
$891.19 per person and $347.04 per job.
Parks and Recreation Facilities development fees for residential development are assessed according to
the number of persons per household. For example, the single-family fee of $1,916 is calculated using a
cost per service unit of $891.19 per person multiplied by a demand unit of 2.15 persons per household.
Nonresidential development fees are calculated using jobs as the service unit. The fee of $0.81 per square
foot of commercial development is derived from a cost per service unit of $347.04 per job multiplied by a
demand unit of 2.34 jobs per 1,000 square feet, divided by 1,000 square feet.
Figure PK10: Proposed Parks and Recreation Facilities Development Fees
Fee Component Cost
per Person
Cost
per Job
Developed Park Land $163.81 $64.41
Park Amenities $712.75 $280.24
Development Fee Report $14.63 $2.39
Total $891.19 $347.04
Residential Development
Development Type Persons per
Household1
Proposed
Fees
Current
Fees
Increase /
Decrease
Single Family 2.15 $1,916 $1,301 $615
Multi-Family 1.66 $1,479 $1,301 $178
Nonresidential Development
Development Type Jobs per
1,000 Sq Ft1
Proposed
Fees
Current
Fees
Increase /
Decrease
Industrial 1.63 $0.56 $0.00 $0.56
Commercial 2.34 $0.81 $0.00 $0.81
Institutional 0.93 $0.32 $0.00 $0.32
Office 2.97 $1.03 $0.00 $1.03
1. See Land Use Assumptions
Development Fees per Unit
Development Fees per Square Foot
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FORECAST OF PARKS AND RECREATION FACILITIES DEVELOPMENT FEE REVENUES
Appendix C contains the forecast of revenues required by Arizona’s Enabling Legislation. The top of Figure
PK11 summarizes the growth-related cost of infrastructure in Fountain Hills over the next 10 years ($2.21
million). Fountain Hills should receive approximately $2.21 million in Parks and Recreation Facilities
development fee revenue over the next 10 years if actual development matches the Land Use Assumptions.
Figure PK11: Projected Parks and Recreation Facilities Development Fee Revenue
Growth Share Existing Share Total
Developed Park Land $410,443 $0 $410,443
Park Amenities $1,785,832 $0 $1,785,832
Development Fee Report $16,640 $0 $16,640
Total $2,212,915 $0 $2,212,915
Avg Residential Industrial Commercial Institutional Office
$1,827 $0.56 $0.81 $0.32 $1.03
per unit per sq. ft.per sq. ft.per sq. ft.per sq. ft.
Housing Units KSF KSF KSF KSF
Base 2018 13,268 280 1,212 505 593
Year 1 2019 13,369 282 1,226 514 604
Year 2 2020 13,472 284 1,255 540 636
Year 3 2021 13,575 285 1,273 551 642
Year 4 2022 13,679 286 1,291 563 647
Year 5 2023 13,784 288 1,310 575 653
Year 6 2024 13,890 289 1,330 587 659
Year 7 2025 13,997 290 1,349 599 664
Year 8 2026 14,105 291 1,369 611 670
Year 9 2027 14,213 292 1,389 624 676
Year 10 2028 14,323 293 1,409 637 682
1,055 13 197 132 89
$1,911,191 $7,319 $159,645 $42,443 $91,512
$2,212,110
$2,212,915
Fee Component
Projected Fee Revenue
Total Expenditures
10-Year Increase
Year
Projected Revenue
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FIRE FACILITIES INFRASTRUCTURE IMPROVEMENTS PLAN
ARS § 9-463.05 (T)(7)(f) defines the facilities and assets that can be included in the Fire Facilities IIP:
“Fire and police facilities, including all appurtenances, equipment and vehicles. Fire and police
facilities do not include a facility or portion of a facility that is used to replace services that were
once provided elsewhere in the municipality, vehicles and equipment used to provide administrative
services, helicopters or airplanes or a facility that is used for training firefighters or officers from
more than one station or substation.”
The Fire Facilities IIP and Development Fees includes components for fire apparatus, fire equipment, and
the cost of professional services for preparing the Fire Facilities IIP and related Development Fee Report.
An incremental expansion methodology is used for fire apparatus and fire equipment, and a plan-based
methodology is used for the Development Fee Report.
Service Area
The Town of Fountain Hills’ Fire Department strives to provide a uniform response time townwide, and its
fire services operate as an integrated network. Depending on the number and type of calls, apparatus can
be dispatched townwide from any of the stations. Therefore, the Fire Facilities IIP uses a townwide service
area.
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Proportionate Share
ARS § 9-463.05 (B)(3) states that the development fee shall not exceed a proportionate share of the cost
of necessary public services needed to accommodate new development. TischlerBise recommends
functional population to allocate the cost of fire facilities to residential and nonresidential development.
Functional population is similar to what the U.S. Census Bureau calls "daytime population," by accounting
for people living and working in a jurisdiction, but also considers commuting patterns and time spent at
home and at nonresidential locations. OnTheMap is a web-based mapping and reporting application that
shows where workers are employed and where they live. It describes geographic patterns of jobs by their
employment locations and residential locations as well as the connections between the two locations.
OnTheMap was developed through a unique partnership between the U.S. Census Bureau and its Local
Employment Dynamics (LED) partner states. OnTheMap data is used, as shown in Figure F1, to derive
Functional Population shares for Fountain Hills.
Residents that do not work are assigned 20 hours per day to residential development and 4 hours per day
to nonresidential development (annualized averages). Residents that work in Fountain Hills are assigned
14 hours to residential development and 10 hours to nonresidential development. Residents that work
outside Fountain Hills are assigned 14 hours to residential development. Inflow commuters are assigned
10 hours to nonresidential development. Based on 2015 functional population data for Fountain Hills, the
cost allocation for residential development is 81 percent while nonresidential development accounts for
19 percent of the demand for municipal facilities.
Figure F1: Fire Proportionate Share
Demand Person Proportionate
Hours/Day Hours Share
Residential
Peak Population 28,282
Residents Not Working 19,127 20 382,540
Employed Residents 9,155
Employed in Service Area 1,495 14 20,930
Employed outside Service Area 7,660 14 107,240
Residential Subtotal 510,710 81%
Nonresidential
Non-working Residents 19,127 4 76,508
Jobs in Service Area 4,424
Residents Employed in Service Area 1,495 10 14,950
Non-Resident Workers (inflow Commuters)2,929 10 29,290
Nonresidential Subtotal 120,748 19%
Total 631,458 100%
Source: U.S. Census Bureau, OnTheMap 6.5 Application and LEHD Origin-Destination Employment Statistics, 2015.
Demand Units in 2015
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RATIO OF SERVICE UNITS TO DEVELOPMENT UNITS
ARS § 9-463.05(E)(4) requires:
“A table establishing the specific level or quantity of use, consumption, generation or discharge of
a service unit for each category of necessary public services or facility expansions and an
equivalency or conversion table establishing the ratio of a service unit to various types of land uses,
including residential, commercial/retail, industrial, and office/other services.”
Figure F2 displays the ratio of service units to various types of land uses for residential and nonresidential
development. For residential development, the table displays the persons per household for single-family
(or single unit) and multi-family units. For nonresidential development, the table displays the number of
employees per thousand square feet of floor area for four different types of nonresidential development.
Figure F2: Persons Per Housing Type and Nonresidential Jobs per Demand Unit
ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES
ARS § 9-463.05(E) (1) requires:
“A description of the existing necessary public services in the service area and the costs to upgrade,
update, improve, expand, correct or replace those necessary public services to meet existing needs
and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be
prepared by qualified professionals licensed in this state, as applicable.”
ARS § 9-463.05(E)(2) requires:
“An analysis of the total capacity, the level of current usage and commitments for usage of capacity
of the existing necessary public services, which shall be prepared by qualified professionals licensed
in this state, as applicable.”
Development Type Persons per
Household1
Single Family 2.15
Multi-Family 1.66
Development Type Jobs per
1,000 Sq. Ft1
Industrial 1.63
Commercial 2.34
Institutional 0.93
Office 2.97
1. See Land Use Assumptions
Residential Development
Nonresidential Development
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Fire Apparatus – Incremental Expansion
The inventory summary of Fountain Hills’s fire apparatus is displayed in Figure F3. The Fountain Hills Fire
Department owns 6 apparatus, which have a total replacement cost of $1.49 million. Dividing the total cost
by the total number of units yields an average cost per unit of $248,333.
The current residential level of service is 0.00017 apparatus per resident, which was obtained by
multiplying the 6 units by the residential proportionate share (81 percent) and dividing this amount by the
current population (28,840). Similarly, the nonresidential level of service is 0.00021 units per job.
Multiplying the average cost per unit ($248,333) by the residential and nonresidential levels of service
results in a cost per person of $41.85 and $51.28 per job. Note that while the LOS standards shown are
rounded to the fifth decimal place, the analysis does not round these figures. Therefore, the cost analysis
calculations may not produce the same result if the reader replicates the calculations using the factors
shown (due to the rounding of figures shown, not in the analysis).
Figure F3: Fire Apparatus Level-of-Service Standards
Description Units Unit Cost Replacement Cost
Engines 2 $500,000 $1,000,000
Brush Truck 2 $200,000 $400,000
Command Vehicle 2 $45,000 $90,000
Total 6 $248,333 $1,490,000
Cost per Apparatus $248,333
Existing Apparatus 6
Residential Share 81%
2018 Peak Population 28,840
Apparatus per Person 0.00017
Cost per Person $41.85
Nonresidential Share 19%
2018 Jobs 5,521
Apparatus per Job 0.00021
Cost per Job $51.28
Cost Allocation Factors
Level-of-Service Standards
Residential
Nonresidential
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Fire Equipment – Incremental Expansion
The inventory summary of Fountain Hills’s fire equipment including defibrillators and multi-band radios is
displayed in Figure F4. The Fountain Hills Fire Department owns 25 defibrillators, which have a total
replacement cost of $23,750 and seven multi-band radio units with a total replacement cost of $56,000.
Dividing the total cost by the total number of units yields an average cost of $2,492 per unit.
The current residential level of service is 0.0009 units per resident, which was obtained by multiplying the
32 units by the residential proportionate share (81 percent) and dividing this amount by the current
population (28,840). Similarly, the nonresidential level of service is 0.0011 units per job. Multiplying the
average cost per unit ($2,492) by the residential and nonresidential levels of service results in a cost per
person of $2.24 and $2.74 per job. Note that while the LOS standards shown are rounded to the fourth
decimal place, the analysis does not round these figures. Therefore, the cost analysis calculations may not
produce the same result if the reader replicates the calculations using the factors shown (due to the
rounding of figures shown, not in the analysis).
Figure F4: Fire Equipment Inventory and Level of Service Standards
Description Units Unit Cost Replacement Cost
Defibrillators 25 $950 $23,750
Multi-Band Radio 7 $8,000 $56,000
Total 32 $2,492 $79,750
Cost per unit $2,492
Existing units 32
Residential Share 81%
2018 Peak Population 28,840
Units per Person 0.0009
Cost per Person $2.24
Nonresidential Share 19%
2018 Jobs 5,521
Units per Job 0.0011
Cost per Job $2.74
Cost Allocation Factors
Level-of-Service Standards
Residential
Nonresidential
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Development Fee Report – Plan-Based
The cost to prepare the Fire Facilities IIP and Development Fee Report totals $16,640. Fountain Hills plans
to update its report every five years. Based on this cost, proportionate share, and five-year projections of
new residential and nonresidential development from the Land Use Assumptions document, the cost is
$12.74 per person and $6.50 per job.
Figure F5: Development Fee Report Cost Allocation
PROJECTED SERVICE UNITS AND PROJECTED DEMAND FOR SERVICES
ARS § 9-463.05(E)(5) requires:
“The total number of projected service units necessitated by and attributable to new development
in the service area based on the approved land use assumptions and calculated pursuant to
generally accepted engineering and planning criteria.”
The Land Use Assumptions projects an additional 2,163 persons and 872 jobs over the next 10 years.
ARS § 9-463.05(E)(6) requires:
“The projected demand for necessary public services or facility expansions required by new service
units for a period not to exceed ten years.”
As shown in Figures F6 and F7, new development will demand less than one apparatus, and 2.9 units of
equipment. The 10-year total of the projected demand for fire facilities is multiplied by the cost per unit to
determine the total cost to accommodate the projected demand over the next 10 years. The cost for the
additional apparatus is $135,220, and the cost for the additional equipment is $7,237 – for a total capital
cost of $142,458.
Necessary
Public Service Cost Demand Unit 5-Year
Change
Cost per
Demand Unit
Residential 93%Population 1,058 $14.63
Nonresidential 7%Jobs 487 $2.39
Residential 81%Population 1,058 $12.74
Nonresidential 19%Jobs 487 $6.50
Street $16,640 All Development 100%VMT 11,512 $1.45
Total $49,920
Proportionate Share
Fire $16,640
Parks and
Recreation $16,640
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Figure F6: Projected Demand for Fire Apparatus
Figure F7: Projected Demand for Fire Equipment
Demand Unit Cost per Unit
0.00017 Units per Person
0.00021 Units per Job
Year Peak
Population Jobs Residential Nonresidential Total
Units
2018 28,840 5,521 4.9 1.1 6.0
2019 29,048 5,600 4.9 1.2 6.1
2020 29,258 5,789 4.9 1.2 6.1
2021 29,470 5,861 5.0 1.2 6.2
2022 29,683 5,934 5.0 1.2 6.2
2023 29,898 6,008 5.0 1.2 6.3
2024 30,115 6,083 5.1 1.3 6.3
2025 30,334 6,159 5.1 1.3 6.4
2026 30,555 6,236 5.1 1.3 6.4
2027 30,778 6,314 5.2 1.3 6.5
2028 31,003 6,393 5.2 1.3 6.5
10-Yr Increase 2,163 872 0.4 0.2 0.5
$90,503 $44,717 $135,220
Level of Service
Fire Apparatus $248,333
Need for Fire Apparatus
Growth-Related Expenditures
Type of Infrastructure
Demand Unit Cost per Unit
0.0009 Units per Person
0.0011 Units per Job
Year Peak
Population Jobs Residential Nonresidential Total
Units
2018 28,840 5,521 25.9 6.1 32.0
2019 29,048 5,600 26.1 6.2 32.3
2020 29,258 5,789 26.3 6.4 32.7
2021 29,470 5,861 26.5 6.5 32.9
2022 29,683 5,934 26.7 6.5 33.2
2023 29,898 6,008 26.9 6.6 33.5
2024 30,115 6,083 27.1 6.7 33.8
2025 30,334 6,159 27.3 6.8 34.0
2026 30,555 6,236 27.5 6.9 34.3
2027 30,778 6,314 27.7 7.0 34.6
2028 31,003 6,393 27.9 7.0 34.9
10-Yr Increase 2,163 872 1.9 1.0 2.9
$4,844 $2,393 $7,237 Growth-Related Expenditures
Type of Infrastructure Level of Service
Fire Equipment $2,492
Need for Fire Equipment
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FIRE FACILITIES IIP
ARS § 9-463.05(E)(3) requires:
“A description of all or the parts of the necessary public services or facility expansions and their
costs necessitated by and attributable to development in the service area based on the approved
land use assumptions, including a forecast of the costs of infrastructure, improvements, real
property, financing, engineering and architectural services, which shall be prepared by qualified
professionals licensed in this state, as applicable.”
Potential Fire Facilities that Fountain Hills may use development fees for in order to accommodate new
development over the next 10 years are shown in Figure F8. Additional apparatus and equipment will be
procured as necessitated by growth.
Figure F8: Necessary Fire Improvements and Expansions (10-Yr Total)
Necessary Public Services Timeframe Cost
Fire Apparatus & Equipment 2020-2028 $142,458
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FIRE FACILITIES DEVELOPMENT FEES
Revenue Credit/Offset
A revenue credit/offset is not necessary for the Fire Facilities development fees because 10-year growth
costs exceed the amount of revenue that is projected to be generated by development fees according to
the Land Use Assumptions, as shown in Figure F10.
Proposed Fire Facilities Development Fees
Infrastructure standards and cost factors for Fire Facilities are summarized at the top of Figure F9. The cost
per service unit for Fire Facilities development fees is $56.83 per person and $60.52 per job.
Fire Facilities development fees for residential development are assessed according to the number of
persons per household. For example, the single-family fee of $122 is calculated using a cost per service unit
of $56.83 per person multiplied by a demand unit of 2.15 persons per household. Nonresidential
development fees are calculated using jobs as the service unit. The fee of $0.14 per square foot of
commercial development is derived from a cost per service unit of $60.52 per job multiplied by a demand
unit of 2.34 jobs per 1,000 square feet, divided by 1,000 square feet.
Figure F9: Proposed Fire Facilities Development Fees
Fee Component Cost
per Person
Cost
per Job
Fire Apparatus $41.85 $51.28
Fire Equipment $2.24 $2.74
Development Fee Report $12.74 $6.50
Total $56.83 $60.52
Residential Development
Development Type Persons per
Household1
Proposed
Fees
Current
Fees
Increase /
Decrease
Single Family 2.15 $122 $300 ($178)
Multi-Family 1.66 $94 $300 ($206)
Nonresidential Development
Development Type Jobs per
1,000 Sq. Ft1
Proposed
Fees
Current
Fees
Increase /
Decrease
Industrial 1.63 $0.10 $0.24 ($0.14)
Commercial 2.34 $0.14 $0.24 ($0.10)
Institutional 0.93 $0.06 $0.24 ($0.19)
Office 2.97 $0.18 $0.24 ($0.06)
1. See Land Use Assumptions.
Development Fees per Unit
Development Fees per Square Foot
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FORECAST OF FIRE FACILITIES DEVELOPMENT FEE REVENUES
Appendix C contains the forecast of revenues required by Arizona’s Enabling Legislation. Revenue
projections shown below assume implementation of the proposed Fire Facilities development fees and
that development over the next 10 years is consistent with the Land Use Assumptions. To the extent the
rate of development either accelerates or slows down, there will be a corresponding change in the
development fee revenue. As shown in Figure F10, the 10-year projected development fee revenue of
$159,012 is approximately equal to the 10-year growth cost of $159,098.
Figure F10: Projected Fire Facilities Development Fee Revenue
Growth Share Existing Share Total
Fire Apparatus $135,220 $0 $135,220
Fire Equipment $7,237 $0 $7,237
Development Fee Report $16,640 $0 $16,640
Total $159,098 $0 $159,098
Avg Residential Industrial Commercial Institutional Office
$116 $0.10 $0.14 $0.06 $0.18
per unit per sq. ft.per sq. ft.per sq. ft.per sq. ft.
Housing Units KSF KSF KSF KSF
Base 2018 13,268 280 1,212 505 593
Year 1 2019 13,369 282 1,226 514 604
Year 2 2020 13,472 284 1,255 540 636
Year 3 2021 13,575 285 1,273 551 642
Year 4 2022 13,679 286 1,291 563 647
Year 5 2023 13,784 288 1,310 575 653
Year 6 2024 13,890 289 1,330 587 659
Year 7 2025 13,997 290 1,349 599 664
Year 8 2026 14,105 291 1,369 611 670
Year 9 2027 14,213 292 1,389 624 676
Year 10 2028 14,323 293 1,409 637 682
1,055 13 197 132 89
$108,826 $1,261 $26,429 $7,051 $15,446
$159,012
$159,098
Fee Component
Projected Fee Revenue
Total Expenditures
10-Year Increase
Projected Revenue
Year
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STREET FACILITIES INFRASTRUCTURE IMPROVEMENTS PLAN
ARS § 9-463.05 (T)(7)(e) defines the facilities and assets that can be included in the Street Facilities IIP:
“Street facilities located in the service area, including arterial or collector streets or roads that have
been designated on an officially adopted plan of the municipality, traffic signals and rights-of-way
and improvements thereon.”
The Street Facilities IIP includes components for arterial street improvements, improved intersections, and
the cost of professional services for preparing the Street Facilities IIP and related Development Fee Report.
An incremental expansion methodology is used for improved intersections, and a plan-based methodology
is used for arterial improvements and the Development Fee Report.
Service Area
Fountain Hills’ arterial street network is designed to efficiently move traffic throughout the town;
therefore, the service area for the Street Facilities IIP and Development Fees is townwide.
A traffic analysis or alternative rational method may be used to identify specific off-site improvements as
well as mitigation measures for development project impacts (intersections, adjacent roadways, etc.). Such
project mitigation measures may be executed by the project, the Town of Fountain Hills, or by in-lieu
payment by the project. The means and methods of execution may be identified and provided for by
Development agreement, or conditions of approval for development plan review and permitting, or by any
other mutually acceptable instrument between the development project and Town of Fountain Hills.
Proportionate Share
ARS § 9-463.05 (B)(3) states that the development fee shall not exceed a proportionate share of the cost
of necessary public services needed to provide necessary public services to the development. Trip length,
trip generation rates, and trip adjustment factors are used to determine the proportionate impact of
residential, commercial, office, and industrial land uses on the Town’s street network.
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RATIO OF SERVICE UNITS TO DEVELOPMENT UNITS
ARS § 9-463.05(E)(4) requires:
“A table establishing the specific level or quantity of use, consumption, generation or discharge of
a service unit for each category of necessary public services or facility expansions and an
equivalency or conversion table establishing the ratio of a service unit to various types of land uses,
including residential, commercial and industrial.”
Service Units
The appropriate service unit for the Street Facilities development fees is vehicle miles of travel (VMT). VMT
creates the link between supply (roadway capacity) and demand (traffic generated by new development).
Components used to determine VMT include: trip generation rates, adjustments for commuting patterns
and pass-by trips, and trip length weighting factors.
Figure S1: Summary of Service Units
Trip Generation Rates
For nonresidential development, the trip generation rates are from the 10th edition of the reference book
Trip Generation published by the Institute of Transportation Engineers (2017). A vehicle trip end represents
a vehicle either entering or exiting a development (as if a traffic counter were placed across a driveway).
As an alternative to using the national average trip generation rate for residential development, the
Institute of Transportation Engineers (ITE) publishes regression curve formulas that may be used to derive
custom trip generation rates using local demographic data. This is explained in more detail in Appendix A:
Land Use Assumptions.
Development Type Avg Wkdy Veh
Trip Ends1
Trip Rate
Adjustment
Trip Length
Adjustment
Average Miles
per Trip VMT
Single Family 7.29 63%121%2.97 16.50
Multi-Family 3.63 63%121%2.97 8.22
Development Type Avg Wkdy Veh
Trip Ends1
Trip Rate
Adjustment
Trip Length
Adjustment
Average Miles
per Trip VMT
Industrial 4.96 50%73%2.97 5.38
Commercial 37.75 33%66%2.97 24.42
Institutional 19.52 50%73%2.97 21.16
Office 9.74 50%73%2.97 10.56
1. TischlerBise Land Use Assumptions
Residential Development
Nonresidential Development
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Adjustment for Commuting Patterns
To calculate Street Facilities Development Fees, trip generation rates require an adjustment factor to avoid
double counting each trip at both the origin and destination points. Therefore, the basic trip adjustment
factor is 50 percent. As discussed further below, the development fee methodology includes additional
adjustments to make the fees proportionate to the infrastructure demand for particular types of
development.
Residential development has a larger trip adjustment factor of 63 percent to account for commuters
leaving Fountain Hills for work. According to the 2009 National Household Travel Survey, weekday work
trips are typically 31 percent of production trips (i.e., all out-bound trips, which are 50 percent of all trips).
As shown in Figure S2, the Census Bureau’s web application OnTheMap indicates that 84 percent of
resident workers traveled outside the Town for work in 2015. In combination, these factors (0.31 X 0.50 X
0.84 = .13) support the additional 13 percent allocation of trips to residential development.
Figure S2: Inflow/Outflow Analysis
Adjustment for Pass-By Trips
For commercial development, the trip adjustment factor is less than 50 percent because retail
development and some services attract vehicles as they pass by on arterial and collector roads. For
example, when someone stops at a convenience store on the way home from work, the convenience store
is not the primary destination. For the average shopping center, the ITE data indicates that 34 percent of
the vehicles that enter are passing by on their way to some other primary destination. The remaining 66
percent of attraction trips have the commercial site as their primary destination. Because attraction trips
are half of all trips, the trip adjustment factor is 66 percent multiplied by 50 percent, or approximately 33
percent of the trips. These factors are shown to derive inbound vehicle trips for each type of nonresidential
land use and are detailed in Figure S3.
Trip Adjustment Factor for Commuters1
Employed Residents 9,155
Residents Working in Fountain Hills 1,495
Residents Working Outside Fountain Hills (Commuters)7,660
Percent Commuting out of Fountain Hills 84%
Additional Production Trips2 13%
Residential Trip Adjustment Factor 63%
1. U.S. Census Bureau, OnTheMap Application (version 6.5) and LEHD Origin-Destination
Employment Statistics, 2015.
2. According to the National Household Travel Survey (2009)*, published in December 2011 (see
Table 30), home-based work trips are typically 30.99 percent of “production” trips, in other words,
out-bound trips (which are 50 percent of all trip ends). Also, LED OnTheMap data from 2015
indicate that 84 percent of Fountain Hills' workers travel outside the town for work. In combination,
these factors (0.3099 x 0.50 x 0.84 = 0.12964686) account for 13 percent of additional production
trips. The total adjustment factor for residential includes attraction trips (50 percent of trip ends)
plus the journey-to-work commuting adjustment (13 percent of production trips) for a total of 63
percent.
*http://nhts.ornl.gov/publications.shtml ; Summary of Travel Trends - Table "Daily Travel Statistics by
Weekday vs. Weekend"
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ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES
ARS § 9-463.05(E)(1) requires:
“A description of the existing necessary public services in the service area and the costs to upgrade,
update, improve, expand, correct or replace those necessary public services to meet existing needs
and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be
prepared by qualified professionals licensed in this state, as applicable.”
Travel Demand Model
The travel demand model inputs are used to derive level of service in Vehicle Miles of Travel and future
demand for lane miles, improved intersections. A Vehicle Mile of Travel (VMT) is a measurement unit equal
to one vehicle traveling one mile. In the aggregate, VMT is the product of vehicle trips multiplied by the
average trip length. Based on estimates shown in Figure S3, existing infrastructure standards in Fountain
Hills, using the average trip length of 8.97 miles, are 1.02 lane miles of arterials per 10,000 VMT (70 arterial
lane miles / (685,788 VMT / 10,000)).
As shown on the lower right side of Figure S3, future development generates an additional 68,981 VMT
over the next 10 years. To maintain the existing infrastructure standards, Fountain Hills needs 7.0
additional lane miles of arterials, 1.3 additional improved intersections to accommodate projected
development over the next 10 years.
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Figure S3: Projected Travel Demand
Development ITE Weekday Dev Trip Trip Length
Type Code VTE Unit Adj Wt Factor
Single Family 210 7.29 HU 63%121%
Multi-Family 220 3.63 HU 63%121%
Industrial 110 4.96 KSF 50%73%
Commercial 820 37.75 KSF 33%66%
Institutional 730 19.52 KSF 50%73%
Office 710 9.74 KSF 50%73%
Avg Trip Length (miles)8.97
Vehicle Capacity Per Lane 9,800
Base 1 2 3 4 5 10 10-Year
2018 2019 2020 2021 2022 2023 2028 Increase
Single Family Units 8,445 8,509 8,574 8,640 8,706 8,773 9,115 670
Multi-Family Units 4,823 4,860 4,897 4,935 4,973 5,011 5,208 385
Industrial KSF 280 282 284 285 286 288 293 13
Commercial KSF 1,212 1,226 1,255 1,273 1,291 1,310 1,409 197
Institutional KSF 505 514 540 551 563 575 637 132
Office KSF 593 604 636 642 647 653 682 89
Single Family Trips 38,785 39,081 39,380 39,681 39,985 40,291 41,864 3,078
Multi-Family Trips 11,030 11,114 11,200 11,286 11,373 11,460 11,910 880
Residential Trips 49,815 50,196 50,580 50,967 51,357 51,751 53,773 3,958
Industrial Trips 694 699 704 707 709 714 727 33
Commercial Trips 15,098 15,273 15,634 15,858 16,083 16,319 17,553 2,454
Institutional Trips 4,929 5,017 5,270 5,378 5,495 5,612 6,217 1,288
Office Trips 2,888 2,941 3,097 3,127 3,151 3,180 3,321 434
Nonresidential Trips 23,608 23,930 24,706 25,069 25,438 25,826 27,818 4,209
Total Vehicle Trips 73,423 74,126 75,286 76,036 76,795 77,577 81,591 8,167
Vehicle Miles of Travel 685,788 691,918 700,938 707,379 713,889 720,557 754,769 68,981
Annual Increase 6,130 9,020 6,441 6,510 6,668 6,978
Arterial Lane Miles 70.0 70.6 71.5 72.2 72.8 73.5 77.0 7.0
Annual Increase 0.6 0.9 0.7 0.6 0.7 0.7 0.7
Improved Intersections 13.0 13.1 13.3 13.4 13.5 13.7 14.3 1.3
Annual Increase 0.1 0.2 0.1 0.1 0.2 0.1 0.1VMTDevelopmentAvg Wkday Vehicle TripsDemand
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Calibrated Travel Demand Model
Fountain Hills plans to construct 2.3 lane miles of arterials over the next 10 years to serve future
development. Since Fountain Hills plans to build fewer than 7.0 lane miles, as shown in Figure S3, the
average trip length of 8.97 miles is adjusted until the 10-year demand for arterials equals 2.3 lane miles –
resulting in an average trip length of 2.97 miles on the planned arterial improvements. The 10-year increase
in VMT on the planned arterial improvements equals 22,840 VMT.
Figure S4: Revised Travel Demand
Development ITE Weekday Dev Trip Trip Length
Type Code VTE Unit Adj Wt Factor
Single Family 210 7.29 HU 63%121%
Multi-Family 220 3.63 HU 63%121%
Industrial 150 4.96 KSF 50%73%
Commercial 820 37.75 KSF 33%66%
Institutional 730 19.52 KSF 50%73%
Office 620 9.74 KSF 50%73%
Assisted Living (per bed)254 2.60 Bed 50%73%
Hotel (per room)310 8.36 Room 50%73%
Avg Trip Length (miles)2.970
Vehicle Capacity Per Lane 9,800
Base 1 2 3 4 5 10 10-Year
2018 2019 2020 2021 2022 2023 2028 Increase
Single Family Units 8,445 8,509 8,574 8,640 8,706 8,773 9,115 670
Multi-Family Units 4,823 4,860 4,897 4,935 4,973 5,011 5,208 385
Industrial KSF 280 282 284 285 286 288 293 13
Commercial KSF 1,212 1,226 1,255 1,273 1,291 1,310 1,409 197
Institutional KSF 505 514 540 551 563 575 637 132
Office KSF 593 604 636 642 647 653 682 89
Single Family Trips 38,785 39,081 39,380 39,681 39,985 40,291 41,864 3,078
Multi-Family Trips 11,030 11,114 11,200 11,286 11,373 11,460 11,910 880
Residential Trips 49,815 50,196 50,580 50,967 51,357 51,751 53,773 3,958
Industrial Trips 694 699 704 707 709 714 727 33
Commercial Trips 15,098 15,273 15,634 15,858 16,083 16,319 17,553 2,454
Institutional Trips 4,929 5,017 5,270 5,378 5,495 5,612 6,217 1,288
Office Trips 2,888 2,941 3,097 3,127 3,151 3,180 3,321 434
Nonresidential Trips 23,608 23,930 24,706 25,069 25,438 25,826 27,818 4,209
Total Vehicle Trips 73,423 74,126 75,286 76,036 76,795 77,577 81,591 8,167
Vehicle Miles of Travel 227,067 229,097 232,083 234,216 236,371 238,579 249,907 22,840
Annual Increase 2,030 2,987 2,133 2,155 2,208 2,310
Arterial Lane Miles 23.2 23.4 23.7 23.9 24.1 24.3 25.5 2.3
Annual Increase 0.2 0.3 0.2 0.2 0.2 0.2 0.2
Improved Intersections 13.0 13.1 13.3 13.4 13.5 13.7 14.3 1.3
Annual Increase 0.1 0.2 0.1 0.1 0.2 0.1 0.1VMTDevelopmentAvg Wkday Vehicle TripsDemand
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ARS § 9-463.05(E)(3) requires:
“A description of all or the parts of the necessary public services or facility expansions and their
costs necessitated by and attributable to development in the service area based on the approved
land use assumptions, including a forecast of the costs of infrastructure, improvements, real
property, financing, engineering and architectural services, which shall be prepared by qualified
professionals licensed in this state, as applicable.”
Arterial Improvements – Plan-Based
Fountain Hills plans to construct 2.3 lane miles of arterials over the next 10 years. Shown below in Figure
S5, Fountain Hills staff identified the total cost and any other funding for the project – this results in
$1,828,000 in eligible costs. Based on the eligible cost of arterial improvements and the 10-year VMT
increase, the cost for arterial improvements is $80.04 per VMT ($1,828,000 / 22,840 additional VMT).
Figure S5: Planned Arterial Improvements
New Lane
Miles
Total
Cost
Other
Funding DIF Eligible Cost
1W Shea Blvd Widening 2.30 $4,000,000 $2,172,000 $1,828,000
$1,828,000
22,840
$80.04
Arterial Street Improvements
DIF Eligible Cost
10-Year VMT Increase
Cost per VMT
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Improved Intersections – Incremental Expansion
Fountain Hills’ current level of service for improved intersections is 0.57252 improved intersections per
10,000 VMT (13 intersections / (227,067 VMT / 10,000)), and Fountain Hills plans to maintain this level of
service over the next 10 years. As shown in Figure S4, Fountain Hills needs to construct 1.3 additional
improved intersections to maintain this standard over the next 10 years ((22,840 additional VMT / 10,000)
X 0.57252 improved intersections per 10,000 VMT). Based on recent improved intersection project costs,
Fountain Hills staff estimates future improved intersections will have an average cost of $625,000 per
intersection. Fountain Hills may use development fees to fund any growth-related improved intersection
within the service area. The cost for improved intersections is $35.78 per VMT ($625,000 per improved
intersection X 0.57252 improved intersections per 10,000 VMT).
Figure S6: Existing Improved Intersection Level-of-Service and Cost Factors
Cost per Improved Intersection1 $625,000
Existing Improved Intersections 13.0
2018 VMT 227,067
Improved Int per 10,000 VMT 0.57252
Cost per VMT $35.78
1. Town of Fountain Hills, Arizona
Level-of-Service Standards
Cost Allocation Factors
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Development Fee Report – Plan-Based
The cost to prepare the Street Facilities IIP and Development Fee Report totals $16,640. Fountain Hills
plans to update its report every five years. Based on this cost, proportionate share, and five-year
projections of new residential and nonresidential development from the Land Use Assumptions document,
the cost is $1.45 per VMT.
Figure S7: Development Fee Report Cost Allocation
Necessary
Public Service Cost Demand Unit 5-Year
Change
Cost per
Demand Unit
Residential 93%Population 1,058 $14.63
Nonresidential 7%Jobs 487 $2.39
Residential 81%Population 1,058 $12.74
Nonresidential 19%Jobs 487 $6.50
Street $16,640 All Development 100%VMT 11,512 $1.45
Total $49,920
Proportionate Share
Fire $16,640
Parks and
Recreation $16,640
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STREET FACILITIES DEVELOPMENT FEES
Revenue Credit/Offset
A revenue credit/offset is not necessary for the Street Facilities development fees because 10-year growth
costs do not substantially exceed the amount of revenue that is projected to be generated by development
fees according to the Land Use Assumptions, as shown in Figure S10.
Proposed Street Facilities Development Fees
Infrastructure standards and cost factors for Street Facilities are summarized at the top of Figure S8. The
cost per service unit for Street development fees is $117.26 per VMT.
Street Facilities development fees for residential development are assessed according to VMT generated
per unit. For example, the single-family fee of $1,935 is calculated using a cost per service unit of $117.26
per VMT multiplied by 2.97 miles per trip, multiplied by 7.29 average weekday vehicle trip ends, multiplied
by 63 percent trip rate adjustment, multiplied by 121 percent trip length adjustment. Nonresidential
development fees are calculated using VMT generated per square foot. The fee of $2.86 per square foot of
commercial development is calculated using a cost per service unit of $117.26 per VMT multiplied by 2.97
miles per trip, multiplied by 37.75 average weekday vehicle trip ends, multiplied by 33 percent trip rate
adjustment, multiplied by 66 percent trip length adjustment, divided by 1,000 square feet.
Figure S8: Proposed Street Facilities Development Fees
Fee Component Cost
per VMT
Arterial Improvements $80.04
Improved Intersections $35.78
Development Fee Report $1.45
Total $117.26
Average Miles per Trip 2.970
Residential Development
Development Type Avg Wkdy Veh
Trip Ends1
Trip Rate
Adjustment
Trip Length
Adjustment
Proposed
Fees
Current
Fees
Increase /
Decrease
Single Family 7.29 63%121%$1,935 $0 $1,935
Multi-Family 3.63 63%121%$964 $0 $964
Nonresidential Development
Development Type Avg Wkdy Veh
Trip Ends1
Trip Rate
Adjustment
Trip Length
Adjustment
Proposed
Fees
Current
Fees
Increase /
Decrease
Industrial 4.96 50%73%$0.63 $0.00 $0.63
Commercial 37.75 33%66%$2.86 $0.00 $2.86
Institutional 19.52 50%73%$2.48 $0.00 $2.48
Office 9.74 50%73%$1.24 $0.00 $1.24
1. TischlerBise Land Use Assumptions
Development Fees per Unit
Development Fees per Square Foot
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PROJECTED STREET FACILITIES DEVELOPMENT FEE REVENUE
Projected fee revenue shown in Figure S9 is based on the development projections in the Land Use
Assumptions (see Appendix C) and the updated Street Facilities development fees (see Figure S8).
Expenditures on arterial improvements are derived from the anticipated need for approximately 2.3 new
lane miles over the next 10 years (see Figure S4) at a cost of $1,828,000 (see Figure S5). Expenditures on
improved intersections are derived from the anticipated need for approximately 1.3 new improved
intersections over the next 10 years at a cost of $812,500. Anticipated development fee revenue is
approximately $2.6 million over the next 10 years, while expenditures are estimated at approximately $2.6
million.
Figure S9: Projected Street Facilities Development Fee Revenue
Growth Share Existing Share Total
$1,828,000 $0 $1,828,000
$812,500 $0 $812,500
$16,640 $0 $16,640
$2,657,140 $0 $2,657,140
Single Family Multi-Family Industrial Commercial Institutional Office
$1,935 $964 $0.63 $2.86 $2.48 $1.24
per unit per unit per SF per SF per SF per SF
Housing Units Housing Units KSF KSF KSF KSF
Base 2018 8,445 4,823 280 1,212 505 593
Year 1 2019 8,509 4,860 282 1,226 514 604
Year 2 2020 8,574 4,897 284 1,255 540 636
Year 3 2021 8,640 4,935 285 1,273 551 642
Year 4 2022 8,706 4,973 286 1,291 563 647
Year 5 2023 8,773 5,011 288 1,310 575 653
Year 6 2024 8,840 5,050 289 1,330 587 659
Year 7 2025 8,908 5,089 290 1,349 599 664
Year 8 2026 8,977 5,128 291 1,369 611 670
Year 9 2027 9,046 5,168 292 1,389 624 676
Year 10 2028 9,115 5,208 293 1,409 637 682
670 385 13 197 132 89
Projected Revenue $1,289,018 $368,429 $8,379 $560,609 $325,643 $109,830
$2,661,909
$2,657,140
10-Year Increase
Fee Component
Projected Fee Revenue
Improved Intersections
Total Expenditures
Arterial Improvements
Development Fee Report
Total
Year
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APPENDIX A: LAND USE ASSUMPTIONS
EXECUTIVE SUMMARY
For municipalities in Arizona, the state enabling legislation requires supporting documentation on land use
assumptions, a plan for infrastructure improvements, and development fee calculations. This document
contains the land use assumptions for the Town of Fountain Hills 2018 development fee update.
Development fees must be updated every five years, making short-range projections the critical time
frame. The Infrastructure Improvements Plan (IIP) is limited to 10 years for non-utility fees, thus a very
long-range “build-out” analysis may not be used to derive development fees.
Arizona Revised Statuses (ARS) § 9-463.05 (T)(6) requires the preparation of a Land Use Assumptions
document which shows:
“Projections of change in land uses, densities, intensities and population for a specified service area
over a period of at least 10 years and pursuant to the General Plan of the municipality.”
TischlerBise prepared current demographic estimates and future development projections for both
residential and nonresidential development that will be used in the Infrastructure Improvement Plan (IIP)
and calculation of the development fees. Demographic data for FY 17-18 (beginning July 1, 2017) are used
in calculating levels-of-service provided to existing development in the Town of Fountain Hills. Although
long-range projections are necessary for planning infrastructure systems, a shorter time frame of five to
10 years is critical for the impact fees analysis. TischlerBise used compound growth rates to produce
conservative projections that increase over time.
Arizona’s Development Fee Act requires fees to be updated at least every five years and limits the IIP to a
maximum of 10 years for non-utility fees. Therefore, the use of a very long-range “build-out” analysis is no
longer acceptable for deriving development fees in Arizona municipalities.
SERVICE AREAS
ARS § 9-463.05 defines “service area” as follows:
“Any specified area within the boundaries of a municipality in which development will be served by
necessary public services or facility expansions and within which a substantial nexus exists between
the necessary public services or facility expansions and the development being served as prescribed
in the infrastructure improvements plan.”
The Town’s previous Land Use Assumptions, Infrastructure Improvement Plan and Development Study
recommended three services areas, shown below in Figure A1.
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Figure A1: Current Development Fee Service Areas
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Figure A2: Proposed Development Fee Service Areas
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Arizona Revised Statutes (ARS) 9-463.05(T)(7) requires the preparation of a Land Use Assumptions
document, which shows:
“projections of changes in land uses, densities, intensities and population for a specified service
area over a period of at least ten years and pursuant to the General Plan of the municipality.”
The Town of Fountain Hills, Arizona retained TischlerBise to analyze the impacts of development on its
capital facilities and to calculate development impact fees based on that analysis. TischlerBise prepared
current demographic estimates and future development projections for both residential and
nonresidential development that will be used in the Infrastructure Improvements Plan (IIP) and calculation
of the development fees. Current demographic data estimates for 2018 are used in calculating levels of
service (LOS) provided to existing development in the Town of Fountain Hills. Although long-range
projections are necessary for planning infrastructure systems, a shorter time frame of five to ten years is
critical for the development fee analysis. Arizona’s Development Fee Act requires fees to be updated at
least every five years and limits the IIP to a maximum of ten years. Therefore, the use of a very long-range
“build-out” analysis is no longer acceptable for deriving development fees in Arizona municipalities.
SUMMARY OF GROWTH INDICATORS
Key land use assumptions for the Town of Fountain Hills development fee study are population, housing
units, and employment projections. Based on information provided by staff, including the 2017 Town of
Fountain Hills Land Use Analysis & Statistical Report, TischlerBise uses the Maricopa Association of
Governments 2020-2030 growth rate of 0.87 percent, which is then converted to annual housing unit
increases by using a persons per household factor of 2.05, as shown in Figure A2. For nonresidential
development, the base year employment estimate is calculated from ESRI Business Analyst and uses MAG
2015-2030 estimated growth rates for each industry sector applied to the base year employment to project
future employment. The employment estimate is converted into floor area based on average square feet
per job multipliers. Four nonresidential development prototypes are discussed further below (see Figure
A5 and related text). The projections contained in this document provide the foundation for the
development impact fee study. These metrics are the service units and demand indicators used in the
development impact fee study.
Development projections and growth rates are summarized in Figure A11. These projections will be used
to estimate development fee revenue and to indicate the anticipated need for growth-related
infrastructure. However, development fee methodologies are designed to reduce sensitivity to
development projections in the determination of the proportionate-share fee amounts. If actual
development is slower than projected, fee revenue will decline, but so will the need for growth-related
infrastructure. In contrast, if development is faster than anticipated, Fountain Hills will receive an increase
in fee revenue, but will also need to accelerate infrastructure improvements to keep pace with the actual
rate of development. During the next 10 years, development projections indicate an average increase of
105 housing units per year, and an average increase of approximately 43,000 square feet of nonresidential
floor area per year.
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RESIDENTIAL DEVELOPMENT
Current estimates and future projections of residential development are detailed in this section including
population and housing units by type.
Recent Residential Construction
Development fees require an analysis of current levels of service. For residential development, current
levels of service are determined using estimates of population and housing units. Shown below, Figure A1
indicates the estimated number of housing units added by decade according to data obtained from the
U.S. Census Bureau. Fountain Hills experienced strong growth in the 1990s and 2000s. From 2000 to 2010,
Fountain Hills’ housing inventory increased by an average of 267 units per year.
Figure A1: Housing Units by Decade
Census 2010 Population 22,489
Census 2010 Housing Units 13,167
Census 2000 Housing Units 10,491
New Housing Units 2000 to 2010 2,676
Fountain Hills added an
average of 267 housing units
per year from 2000 to 2010.
0
1,000
2,000
3,000
4,000
5,000
6,000
Before 1970 1970s 1980s 1990s 2000s
Housing Units Added by Decade in
Fountain Hills
Source: U.S. Census Bureau, Census 2010 Summary File 1, Census 2000 Summary File 1,
2013-2017 5-Year American Community Survey (for 1990s and earlier, adjusted to yield
total units in 2000).
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Household Size
According to the U.S. Census Bureau, a household is a housing unit occupied by year-round residents.
Development fees often use per capita standards and persons per housing unit (PPHU) or persons per
household (PPH) to derive proportionate share fee amounts. When PPHU is used in the fee calculations,
infrastructure standards are derived using year-round population. When PPH is used in the fee calculations,
the development fee methodology assumes a higher percentage of housing units will be occupied, thus
requiring seasonal or peak population to be used when deriving infrastructure standards. To recognize the
impacts of seasonal population, Fountain Hills should impose development fees for residential
development according to the number of persons per household. This methodology assumes some portion
of the housing stock will be vacant during the course of a year. According to the U.S. Census Bureau
American Community Survey, Fountain Hills’ vacancy rate was twenty-one percent in 2017.
Persons per household (PPH) calculations require data on population and the types of units by structure.
The 2010 census did not obtain detailed information using a “long-form” questionnaire. Instead, the U.S.
Census Bureau switched to a continuous monthly mailing of surveys, known as the American Community
Survey (ACS), which has limitations due to sample-size constraints. For example, data on detached housing
units are now combined with attached single units (commonly known as townhouses). For development
fees in Fountain Hills, detached stick-built units and attached units (commonly known as townhouses,
which share a common sidewall, but are constructed on an individual parcel of land) are included in the
“Single-Family Unit” category. The second residential category includes duplexes and all other structures
with two or more units on an individual parcel of land. This category is referred to as “Multi-Family Unit.”
(Note: housing unit estimates from ACS will not equal decennial census counts of units. These data are
used only to derive the custom PPHU factors for each type of unit).
Figure A2 below shows the 2013-2017 5-year ACS estimates for Fountain Hills. Single-family units averaged
2.15 persons per household (20,097 persons / 9,339 households) and multi-family units averaged 1.66
persons per household (3,881 persons / 2,338 households). In 2017, Fountain Hills’ housing stock averaged
2.05 persons per household with a townwide vacancy rate of 21 percent.
Figure A2: Persons per Housing Unit
Single-Family Unit1 20,097 9,339 2.15 11,381 1.77 77.3%18%
Multi-Family Unit 2 3,881 2,338 1.66 3,334 1.16 22.7%30%
Total 23,978 11,677 2.05 14,715 1.63 21%
Source: TischlerBise analysis and calculation based on U.S. Census Bureau, 2013-2017 American Community Survey, 5-Year Estimates.
1. Includes detached, attached (townhouse), and manufactured units.
2. Includes duplexes, structures with two or more units, and all other units.
Households Vacancy
Rate
Housing
Mix
Persons per
Housing Unit
Housing
Units
Persons per
HouseholdPersonsUnits in Structure
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Seasonal Households
To account for seasonal residents, the analysis includes vacant households used for seasonal, recreational,
or occasional use. According to 2017 ACS estimates shown in Figure A3, seasonal units account for 2,343
of Fountain Hills’ 3,038 vacant units. With all seasonal units occupied, Fountain Hills’ peak vacancy rate is
4.72 percent (14,020 peak households / 14,715 housing units). Applying Fountain Hills’ occupancy factor
of 2.05 persons per household to seasonal households provides a seasonal population estimate of 4,811
persons. Fountain Hills’ peak population estimate for 2017 is 28,789 (23,978 population in households +
4,811 seasonal population).
Figure A3: Seasonal Households
Population Estimates
To accurately determine current and future population in Fountain Hills, TischlerBise compared population
estimates and growth rates from American Community Survey data, Arizona Department of Administration
(ADOA), the Fountain Hills 2017 Land Use Analysis Report, and Maricopa Association of Governments
(MAG). In 2016 MAG released population projections for jurisdictions through 2050, along with annual
updates of housing unit and population estimates. TischlerBise uses MAG’s 2016 Socioeconomic
Projections in conjunction with Fountain Hills staff-provided building permit data to derive the base year
estimates of population and housing units. The 2017 Fountain Hills Land Use Analysis and Statistical Report
details housing by unit count and type current through December 31, 2017 allowing the study to establish
2018 as the base year for related projections. Further analysis of the past 20 years of building permit data
shows that Fountain Hills has averaged 125 single family and 76 multi-family units per year over this time
period, however growth has slowed substantially since 2010, in part due to a broader national economic
condition. The resulting impact on growth in Fountain Hills has reduced average unit construction to 52
single family and 16 multi-family units per year between 2015 and 2018.
POPULATION
Year-Round Population 23,978
Housing Units 14,715
Vacant Housing Units 3,038
Vacancy Rate 20.65%
Households 11,677
Seasonal Households 2,343
Peak Households 14,020
Persons per Household 2.05
Population in Households 23,978
Seasonal Population 4,811
Peak Population in 2017 28,789
Source: U.S. Census Bureau, 2013-2017 American Community Survey 5-Year Estimates.
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Population Projections
Based on recent building permit trends and review of the 2017 Fountain Hills Land Use Analysis and
Statistical Report, TischlerBise projects an average annual increase of 106 housing units (67 single-family
and 39 multi-family units) between 2018 and 2028. TischlerBise projects housing growth beyond 2018
using MAG’s 2020-2030 population compound average annual growth rate of 0.87 percent and the 2017
ACS occupancy rate of 2.05 persons per household. Future households are distributed by type based on
the existing housing mix detailed in the 2017 Fountain Hill’s Land Use Analysis and Statistical Report, 64
percent single family units and 36 percent multi-family units. The assumption on future housing mix is held
constant over the 10-year forecast period, therefore, between 2018 and 2028, 64 percent of projected new
units are single-family and 36 percent are multi-family.
For this study, it is assumed that the household size and seasonal population will remain constant.
TischlerBise projects a 10-year increase of 2,163 persons, or an average of 216 persons annually, and a
corresponding 10-year increase of 1,055 housing units, or an average of 106 units annually. The study
assumes the total seasonal population of 4,811 will remain constant throughout the 10-year period.
Population and housing unit projections are used to illustrate the possible future pace of service demands,
revenues, and expenditures. To the extent these factors change, the projected need for infrastructure will
also change. If development occurs at a more rapid rate than projected, the demand for infrastructure will
increase at a corresponding rate. If development occurs at a slower rate than is projected, the demand for
infrastructure will also decrease.
Figure A4: Residential Development Projections
2018 2019 2020 2021 2022 2023 2028
Base 1 2 3 4 5 10
Population
Household 24,029 24,237 24,447 24,658 24,872 25,087 26,192 2,163
Peak 28,840 29,048 29,258 29,470 29,683 29,898 31,003 2,163
Housing Units
Single Family 8,445 8,509 8,574 8,640 8,706 8,773 9,115 670
Multi-Family 4,823 4,860 4,897 4,935 4,973 5,011 5,208 385
Total Housing Units 13,268 13,369 13,472 13,575 13,679 13,784 14,323 1,055
10-Year
Increase
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NONRESIDENTIAL DEVELOPMENT
Current estimates and future projections of nonresidential development are detailed in this section
including jobs and nonresidential floor area.
Employment Estimates
In addition to data on residential development, the calculation of development impact fees requires data
on employment (number of jobs) and nonresidential square footage in Fountain Hills. TischlerBise uses the
term “jobs” to refer to employment by place of work. TischlerBise analyzed recent employment trends,
reviewed data published by MAG, the U.S. Census Bureau, and ESRI Business Analyst1, and had discussions
with Town staff.
TischlerBise estimates 2018 employment using 2015 MAG employment data and then applying MAG
industry specific growth rates to subsequent years. Shown below in Figure A5, base year employment totals
5,521 jobs. Employment estimates are grouped into four categories: Industrial, Commercial / Retail,
Institutional, and Office and Other Services. For the 2018 base year, employment estimates include 455
industrial jobs, 2,838 commercial / retail jobs, 469 institutional jobs, and 1,759 office and other services
jobs. Estimated floor area uses square feet multipliers published by the Institute of Transportation
Engineers. The conversion from employment to nonresidential floor area is discussed below.
Figure A5: Estimated Employment and Distribution by Industry Type
1 ESRI Business Summary Reports provide demographic and business data for geographic areas from
sources including directory listings such as Yellow Pages and business white pages; annual reports; 10-K
and Securities and Exchange Commission (SEC) information; federal, state, and municipal government
data; business magazines; newsletters and newspapers; and information from the US Postal Service. To
ensure accurate and complete information, ESRI conducts annual telephone verifications with each
business listed in the database.
2018 Percent of Sq. Ft.2018 Estimated Jobs per
Jobs1 Total Jobs per Job Floor Area2 1,000 Sq. Ft.2
Industrial3 455 8.2%615 279,649 1.63
Commercial / Retail4 2,838 51.4%427 1,211,769 2.34
Institutional5 469 8.5%1,076 504,700 0.93
Office and Other Services6 1,759 31.9%337 592,937 2.97
Total 5,521 100.0%2,589,055
1. TischlerBise calculation based on Maricopa Association of Governments 2015 and 2020 estimates.
2. Sq. Ft. per Job based on jobs and ITE 10th Edition (2017) multiplier.
3. Major sector is Construction.
4. Major sectors are Food Services and Retail Trade.
5. Major sectors are Educational Services and Public Administration.
6. Major sectors are Health Care and Realestate Rental and Leasing.
Nonresidential
Category
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Nonresidential Square Footage Estimates
To estimate current nonresidential floor area, ITE square feet per employee multipliers (Figure A6) are
applied to 2018 employment estimates shown in Figure A5. For industrial development, light industrial (ITE
110) is the prototype for future development, with an average of 615 square feet per job. For future
commercial / retail development, an average size shopping center (ITE 820) is a reasonable proxy with an
average of 427 square feet per job. For future institutional development, elementary school (ITE 520) is a
reasonable proxy with 1,076 square feet per job. The prototype for future office and other services
development is a general office (ITE 710). This type of development averages approximately 337 square
feet per job. Based on this methodology, TischlerBise estimates Fountain Hills has 2,589,055 square feet of
nonresidential floor area.
Figure A6: The Institute of Transportation Engineers, Employee and Building Area Ratios
ITE Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Sq Ft
Code Unit Per Dmd Unit1 Per Employee1 Dmd Unit Per Emp
110 Light Industrial 1,000 Sq Ft 4.96 3.05 1.63 615
130 Industrial Park 1,000 Sq Ft 3.37 2.91 1.16 864
140 Manufacturing 1,000 Sq Ft 3.93 2.47 1.59 628
150 Warehousing 1,000 Sq Ft 1.74 5.05 0.34 2,902
254 Assisted Living bed 2.60 4.24 0.61 na
310 Hotel room 8.36 14.34 0.58 na
320 Motel room 3.35 25.17 0.13 na
520 Elementary School 1,000 Sq Ft 19.52 21.00 0.93 1,076
530 High School 1,000 Sq Ft 14.07 22.25 0.63 1,581
540 Community College student 1.15 14.61 0.08 na
565 Day Care student 4.09 21.38 0.19 na
610 Hospital 1,000 Sq Ft 10.72 3.79 2.83 354
620 Nursing Home bed 3.06 2.91 1.05 na
710 General Office (average size)1,000 Sq Ft 9.74 3.28 2.97 337
720 Medical-Dental Office 1,000 Sq Ft 34.80 8.70 4.00 250
730 Government Office 1,000 Sq Ft 22.59 7.45 3.03 330
750 Office Park 1,000 Sq Ft 11.07 3.54 3.13 320
760 Research & Dev Center 1,000 Sq Ft 11.26 3.29 3.42 292
770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325
820 Shopping Center (average size)1,000 Sq Ft 37.75 16.11 2.34 427
1. Trip Generation, Institute of Transportation Engineers, 10th Edition (2017).
Land Use / Size
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Employment and Nonresidential Floor Area Projections
Future employment growth in Fountain Hills is based on Maricopa Association of Governments 2020—
2030 employment projections, by industry. To project growth in nonresidential square footage,
TischlerBise applies the previously discussed ITE square feet per employee multipliers to the projected
increase in employment. The results of these calculations are shown in Figure A7. Over the next 10 years,
Fountain Hills is projected to gain 872 jobs and add an estimated 431,000 square feet of nonresidential
development.
Figure A7: Nonresidential Development Projections
2018 2019 2020 2021 2022 2023 2028
Base 1 2 3 4 5 10
Employment
Industrial 455 458 462 464 466 468 477 22
Commercial 2,838 2,871 2,938 2,981 3,025 3,069 3,300 462
Institutional 469 478 502 512 523 534 592 123
Office 1,759 1,793 1,887 1,904 1,920 1,937 2,024 265
Total Employment 5,521 5,600 5,789 5,861 5,934 6,008 6,393 872
Nonresidential Floor Area (KSF)
Industrial 280 282 284 285 286 288 293 13
Commercial 1,212 1,226 1,255 1,273 1,291 1,310 1,409 197
Institutional 505 514 540 551 563 575 637 132
Office 593 604 636 642 647 653 682 89
Total Floor Area 2,590 2,626 2,715 2,751 2,787 2,826 3,021 431
10-Year
Increase
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AVERAGE WEEKDAY VEHICLE TRIPS
Average Weekday Vehicle Trips are used as a measure of demand by land use. Vehicle trips are estimated
using average weekday vehicle trip ends from the reference book, Trip Generation, 10th Edition, published
by the Institute of Transportation Engineers (ITE) in 2017. A vehicle trip end represents a vehicle entering
or exiting a development (as if a traffic counter were placed across a driveway).
Trip Rate Adjustments
To calculate street development fees, trip generation rates require an adjustment factor to avoid double
counting each trip at both the origin and destination points. Therefore, the basic trip adjustment factor is
50 percent. As discussed further below, the development impact fee methodology includes additional
adjustments to make the fees proportionate to the infrastructure demand for particular types of
development.
Commuter Trip Adjustment
Residential development has a larger trip adjustment factor of 63 percent to account for commuters
leaving Fountain Hills for work. According to the 2009 National Household Travel Survey (see Table 30)
weekday work trips are typically 31 percent of production trips (i.e., all out-bound trips, which are 50
percent of all trip ends). As shown in Figure A8, the U.S. Census Bureau’s OnTheMap web application
indicates that 84 percent of resident workers traveled outside of Fountain Hills for work in 2015. In
combination, these factors (0.31 x 0.50 x 0.84 = 0.13) support the additional 13 percent allocation of trips
to residential development.
Figure A8: Commuter Trip Adjustment
Trip Adjustment Factor for Commuters1
Employed Residents 9,155
Residents Working in Fountain Hills 1,495
Residents Working Outside Fountain Hills (Commuters)7,660
Percent Commuting out of Fountain Hills 84%
Additional Production Trips2 13%
Residential Trip Adjustment Factor 63%
1. U.S. Census Bureau, OnTheMap Application (version 6.5) and LEHD Origin-Destination
Employment Statistics, 2015.
2. According to the National Household Travel Survey (2009)*, published in December 2011 (see
Table 30), home-based work trips are typically 30.99 percent of “production” trips, in other words,
out-bound trips (which are 50 percent of all trip ends). Also, LED OnTheMap data from 2015
indicate that 84 percent of Fountain Hills' workers travel outside the town for work. In combination,
these factors (0.3099 x 0.50 x 0.84 = 0.12964686) account for 13 percent of additional production
trips. The total adjustment factor for residential includes attraction trips (50 percent of trip ends)
plus the journey-to-work commuting adjustment (13 percent of production trips) for a total of 63
percent.
*http://nhts.ornl.gov/publications.shtml ; Summary of Travel Trends - Table "Daily Travel Statistics by
Weekday vs. Weekend"
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Adjustment for Pass-By Trips
For commercial development, the trip adjustment factor is less than 50 percent because retail
development attracts vehicles as they pass by on arterial and collector roads. For example, when someone
stops at a convenience store on the way home from work, the convenience store is not the primary
destination. For the average shopping center, ITE data indicate 34 percent of the vehicles that enter are
passing by on their way to some other primary destination. The remaining 66 percent of attraction trips
have the commercial site as their primary destination. Because attraction trips are half of all trips, the trip
adjustment factor is 66 percent multiplied by 50 percent, or approximately 33 percent of the trip ends.
Estimated Residential Vehicle Trip Rates
As an alternative to simply using the national average trip generation rate for residential development, the
Institute of Transportation Engineers (ITE) publishes regression curve formulas that may be used to derive
custom trip generation rates, using local demographic data. Key independent variables needed for the
analysis (i.e. vehicles available, housing units, households, and persons) are available from American
Community Survey data. Shown in Figure A9, custom trip generation rates for Fountain Hills vary slightly
from the national averages. For example, single-family residential development is expected to generate
7.29 average weekday vehicle trip ends per dwelling – compared to the national average of 9.44 (ITE 210).
Multi-family residential development is expected to generate 3.63 average weekday vehicle trip ends per
dwelling, which is lower than the national average of 5.44 (ITE 221).
Figure A9: Average Weekday Vehicle Trip Ends by Housing Type
Owner-occupied 17,046 8,252 968 9,220 1.85
Renter-occupied 3,664 1,087 1,370 2,457 1.49
Total 20,710 9,339 2,338 11,677 1.77
Persons in Trip Vehicles by Trip Average Housing
Households3 Ends4 Type of Unit Ends5 Trip Ends Units6 Fountain Hills U.S. Avg7
Single-Family 20,097 55,971 16,877 110,006 82,989 11,381 7.29 9.44
Multi-Family 3,881 8,806 3,833 15,394 12,100 3,334 3.63 5.44
Total 23,978 64,778 20,710 125,400 95,089 14,715 6.46
1. Vehicles available by tenure from Table B25046, American Community Survey, 2013-2017 5-Year Estimates.
2. Households by tenure and units in structure from Table B25032, American Community Survey, 2013-2017 5-Year Estimates.
3. Total population in households from Table B25033, American Community Survey, 2013-2017 5-Year Estimates.
6. Housing units American Community Survey, 2013-2017 5-Year Estimates.
7. Trip Generation , Institute of Transportation Engineers, 10th Edition (2017).
Trip Ends per Unit
4. Vehicle trips ends based on persons using formulas from Trip Generation (ITE 2017). For single-family housing (ITE 210), the fitted curve equation is
EXP(0.89*LN(persons)+1.72). To approximate the average population of the ITE studies, persons were divided by 36 and the equation result multiplied by 36. For multi-
family housing (ITE 221), the fitted curve equation is (2.29*persons)-81.02.
5. Vehicle trip ends based on vehicles available using formulas from Trip Generation (ITE 2017). For single-family housing (ITE 210), the fitted curve equation is
EXP(0.99*LN(vehicles)+1.93). To approximate the average number of vehicles in the ITE studies, vehicles available were divided by 66 and the equation result multiplied
by 66. For multi-family housing (ITE 221), the fitted curve equation is (3.94*vehicles)+293.58.
Households by Structure Type2
Vehicles
Available1 Single-Family Multi-Family Total Vehicles per HH
by TenureTenure of Unit
Type of Unit
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Functional Population
TischlerBise recommends functional population to allocate the cost of certain facilities to residential and
nonresidential development. As shown in Figure A10, functional population accounts for people living and
working in a jurisdiction. OnTheMap is a web-based mapping and reporting application that shows where
workers are employed and where they live. It describes geographic patterns of jobs by their employment
locations and residential locations as well as the connections between the two locations. OnTheMap was
developed through a unique partnership between the U.S. Census Bureau and its Local Employment
Dynamics (LED) partner states.
Residents that do not work are assigned 20 hours per day to residential development and four hours per
day to nonresidential development (annualized averages). Residents that work in Fountain Hills are
assigned 14 hours to residential development and 10 hours to nonresidential development. Residents that
work outside Fountain Hills are assigned 14 hours to residential development. Inflow commuters are
assigned 10 hours to nonresidential development. Based on 2015 functional population data for Fountain
Hills, the proportionate share is 81 percent for residential development and 19 percent for nonresidential
development.
Figure A10: Functional Population
Demand Person Proportionate
Hours/Day Hours Share
Residential
Peak Population 28,282
Residents Not Working 19,127 20 382,540
Employed Residents 9,155
Employed in Service Area 1,495 14 20,930
Employed outside Service Area 7,660 14 107,240
Residential Subtotal 510,710 81%
Nonresidential
Non-working Residents 19,127 4 76,508
Jobs in Service Area 4,424
Residents Employed in Service Area 1,495 10 14,950
Non-Resident Workers (inflow Commuters)2,929 10 29,290
Nonresidential Subtotal 120,748 19%
TOTAL 631,458 100%
Source: Maricopa Association of Governments 2015 Population Estimate, Fountain Hills; U.S. Census Bureau, OnTheMap 6.5 Application, 2015.
Demand Units in 2015
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Development Projections
Provided below is a summary of cumulative development projections used in the development impact fee study. Base year estimates for 2018 are
used in the development impact fee calculations. Development projections are used to illustrate a possible future pace of demand for service units
and cash flows resulting from revenues and expenditures associated with those demands.
Figure A11: Development Projections Summary
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
Base 1 2 3 4 5 6 7 8 9 10
Population
Peak 28,840 29,048 29,258 29,470 29,683 29,898 30,115 30,334 30,555 30,778 31,003 2,163
Housing Units
Single Family 8,445 8,509 8,574 8,640 8,706 8,773 8,840 8,908 8,977 9,046 9,115 670
Multi-Family 4,823 4,860 4,897 4,935 4,973 5,011 5,050 5,089 5,128 5,168 5,208 385
Total Housing Units 13,268 13,369 13,472 13,575 13,679 13,784 13,890 13,997 14,105 14,213 14,323 1,055
Employment
Industrial 455 458 462 464 466 468 470 471 473 475 477 22
Commercial 2,838 2,871 2,938 2,981 3,025 3,069 3,114 3,159 3,205 3,252 3,300 462
Institutional 469 478 502 512 523 534 545 557 568 580 592 123
Office 1,759 1,793 1,887 1,904 1,920 1,937 1,954 1,972 1,989 2,006 2,024 265
Total Employment 5,521 5,600 5,789 5,861 5,934 6,008 6,083 6,159 6,236 6,314 6,393 872
Nonresidential Floor Area (KSF)
Industrial 280 282 284 285 286 288 289 290 291 292 293 13
Commercial 1,212 1,226 1,255 1,273 1,291 1,310 1,330 1,349 1,369 1,389 1,409 197
Institutional 505 514 540 551 563 575 587 599 611 624 637 132
Office 593 604 636 642 647 653 659 664 670 676 682 89
Total Floor Area 2,590 2,626 2,715 2,751 2,787 2,826 2,865 2,902 2,941 2,981 3,021 431
10-Year
Increase
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APPENDIX B: LAND USE DEFINITIONS
Residential Development
As discussed below, residential development categories are based on data from the U.S. Census Bureau,
American Community Survey. Fountain Hills will collect development fees from all new residential units.
One-time development fees are determined by site capacity (i.e. number of residential units).
Single-Family:
1. Single-family detached is a one-unit structure detached from any other house, that is, with open
space on all four sides. Such structures are considered detached even if they have an adjoining
shed or garage. A one-family house that contains a business is considered detached as long as the
building has open space on all four sides.
2. Single-family attached (townhouse) is a one-unit structure that has one or more walls extending
from ground to roof separating it from adjoining structures. In row houses (sometimes called
townhouses), double houses, or houses attached to nonresidential structures, each house is a
separate, attached structure if the dividing or common wall goes from ground to roof.
3. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms
have been added, are counted in this category. Mobile homes used only for business purposes or
for extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage
are not counted in the housing inventory.
Multi-Family:
1. 2+ units (duplexes and apartments) are units in structures containing two or more housing units,
further categorized as units in structures with “2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more
apartments.”
2. Boat, RV, Van, Etc. includes any living quarters occupied as a housing unit that does not fit the
other categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats,
vans, railroad cars, and the like are included only if they are occupied as a current place of
residence.
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Nonresidential Development
The proposed general nonresidential development categories (defined below) can be used for all new
construction within Fountain Hills. Nonresidential development categories represent general groups of
land uses that share similar average weekday vehicle trip generation rates and employment densities (i.e.,
jobs per thousand square feet of floor area).
Commercial / Retail: Establishments primarily selling merchandise, eating/drinking places, and
entertainment uses. By way of example, Commercial / Retail includes shopping centers, supermarkets,
pharmacies, restaurants, bars, nightclubs, automobile dealerships, and movie theaters, hotels, and
motels.
Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By
way of example, Industrial includes manufacturing plants, distribution warehouses, trucking companies,
utility substations, power generation facilities, and telecommunications buildings.
Institutional: Establishments including public and quasi-public buildings providing educational, social
assistance, or religious services. By way of example, Institutional includes schools, universities, churches,
daycare facilities, government buildings, and prisons.
Office and Other Services: Establishments providing management, administrative, professional, or
business services; personal and health care services. By way of example, Office and Other Services includes
banks, business offices, assisted living facilities, nursing homes, hospitals, medical offices, and veterinarian
clinics.
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APPENDIX C: FORECAST OF REVENUES
The “Required Offset” percentage reduction is a placeholder that will be discussed in more detail at a later
date. Arizona’s Enabling Legislation requires municipalities to forecast the revenue contribution to be
made in the future towards capital costs and shall include these contributions in determining the extent
of burden imposed by development. TischlerBise sometimes recommends a small percentage reduction
in development fees to satisfy the “required offset,” which is a phrase taken directly from the enabling
legislation (quoted below).
9-463.05.E.7. “A forecast of revenues generated by new service units other than development fees,
which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad
valorem property taxes, construction contracting or similar excise taxes and the capital recovery
portion of utility fees attributable to development based on the approved land use assumptions,
and a plan to include these contributions in determining the extent of the burden imposed by the
development as required in subsection B, paragraph 12 of this section.”
9-463.05.B.12. “The municipality shall forecast the contribution to be made in the future in cash
or by taxes, fees, assessments or other sources of revenue derived from the property owner
towards the capital costs of the necessary public service covered by the development fee and shall
include these contributions in determining the extent of the burden imposed by the development.
Beginning August 1, 2014, for purposes of calculating the required offset to development fees
pursuant to this subsection, if a municipality imposes a construction contracting or similar excise
tax rate in excess of the percentage amount of the transaction privilege tax rate imposed on the
majority of other transaction privilege tax classifications, the entire excess portion of the
construction contracting or similar excise tax shall be treated as a contribution to the capital costs
of necessary public services provided to development for which development fees are assessed,
unless the excess portion was already taken into account for such purpose pursuant to this
subsection.”
Fountain Hills does not have a higher than normal construction excise tax rate, so the required offset
described above is not applicable. The required forecast of non-development fee revenue that might be
used for growth-related capital costs is shown in Figure C1. The forecast of revenues was provided by the
Town of Fountain Hills. Projected population plus jobs, for the entire Municipal Planning Area, are
documented in the land use assumptions.
Figure C1: Five-Year Revenue Projections
Source FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23
Intergovermental 5,485,747$ 5,510,550$ 5,535,610$ 5,560,903$ 5,586,457$
Permits, Licenses, Fees 1,161,061$ 1,080,158$ 1,122,024$ 1,116,202$ 1,153,139$
Building Revenue 556,662$ 588,802$ 554,104$ 576,366$ 793,042$
Local Taxes 9,067,725$ 9,103,363$ 9,442,027$ 9,758,534$ 10,097,493$
Total General Fund 16,271,195$ 16,282,873$ 16,653,765$ 17,012,005$ 17,630,131$
Source: Town of Fountain Hills 2018-2023 Revenue Projections.
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Raymond Rees, Facillities/Environmental Supervisor
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Contract
2020-11 with Continental Flooring Company for the purchase and installation of flooring in the Fountain
Hills Library.
Staff Summary (Background)
Carpeting at the library is in need of replacement. The carpeting is carpet tile type and glued down to
the subfloor. The carpeting is coming up on the edges and causing a trip hazard. Staff has been taping
the edges down to reduce the hazard. Upon inspection of the carpet, it was determined that the glue is
not adhering to the carpet and concrete subfloor. Moisture is coming up through the subfloor and
inhibiting the glue from providing proper adhesion for the carpeting. In reviewing the construction
drawings for the library, it was noted that a vapor barrier was never installed underneath the concrete
subfloor.
Changes in the carpeting industry from petroleum based glues to water based glue has caused this type
of reaction in other locations. The town experienced this in the classrooms at the community center.
The concrete subfloor was tested and the moisture reading would not allow the use of the
water-based adhesive for the new flooring.
The proposed contract will provide remediation of the moisture in the concrete by providing a moisture
barrier between the concrete subfloor and the carpeting.
The cost for purchasing and installing carpeting and a vapor barrier in the library will be approximately
$127,790. The funding for the replacement of carpeting will be paid from the Capital Facilities
Replacement Fund. While adding a vapor barrier will be costly, it will also reduce potential tripping
hazards in the library and extend the life of the new carpeting. The request for an additional
$242,210.20 on the contract is for the carpeting at the Community Center and Town Hall. Recarpeting
the Community Center and Town Hall will not take place until additional funding in the Capital Facilities
Replacement Fund budget becomes available. But by approving this, it will allow the town to lock in a
substantial discount due to volume savings from the vendor.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Approve contract 2020-011 as stated.
SUGGESTED MOTION
MOVE to approve Contract 2020-11 with Continental Flooring Company for the purchase and
installation of flooring in the amount not to exceed $127,789.80 with a total aggregate amount of
$370,000
Fiscal Impact
Fiscal Impact:$127,789.80
Budget Reference:
Funding Source:Capital Facilities Replacement Fund
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
Contract
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 12/05/2019 05:50 AM
Town Attorney Aaron D. Arnson 12/05/2019 09:45 AM
Town Manager Grady E. Miller 12/05/2019 09:46 AM
Form Started By: Raymond Rees Started On: 12/04/2019 03:39 PM
Final Approval Date: 12/05/2019
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF a request
for a SPECIAL USE PERMIT to allow new and used automobile sales in the C-2 zoning district on
a portion of the property located at 11625 N. Saguaro Boulevard. Case #SUP2019-02
Staff Summary (Background)
The property at 11625 N. Saguaro Boulevard is a 1.14 acre lot that has historically contained several
different businesses. The building along the north side of the property adjacent to Desert Vista has
been developed and used as a service station with gas pumps. The tanks for the service station are still
in place on the eastern side of the property.
A current tenant of the former service station portion of the property is Fountain Hills Offroad. This
business sells and installs aftermarket accessories for Jeeps. The current use is allowed by right in the
C-2 zoning district. The business owners would like to expand their business by also offering used Jeeps
for sale on the property. Section 12.05 of the Zoning Ordinance allows new and used automobile sales
in the C-2 zoning district with approval of a Special Use Permit.
The site plan and narrative submitted with this application indicate the owner will close the driveway
access from the frontage road and only use the driveway from Desert Vista. There is an existing
customer parking area to the east side of the entry drive. The applicant has committed to repaving and
restriping this parking area. The number of customer parking spaces meets the code requirement.
The area under the canopy will be for the display of the vehicles for sale. There is an ordinance
requirement that prohibits display of vehicles within 20’ of the property line along the frontage road.
This requirement will be met by keeping the vehicles under the canopy.
The applicant has also stated their intention to repair and repaint the existing building. This will include
fixing the broken glass window along the frontage road side of the building.
Review and Analysis
Section 2.02. D. 5. of the Zoning Ordinance states: “In order to recommend approval of any use permit,
the findings of the Commission must be that the establishment, maintenance, or operation of the use or
building applied for will not be detrimental to the public health, safety, peace, comfort, and general
welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be
detrimental or injurious to property and improvements in the neighborhood or to the general welfare of
the town.”
The proposed use is consistent with historic use of the property and does not pose any identified
adverse impacts on the surrounding properties. There are two other vehicle sales operations along this
stretch of Saguaro Boulevard. There is some concern for the existing underground storage tanks on the
property, but the property owner needs to work with the Arizona Department of Environmental Quality
on that issue; it is not being made worse by the proposed use.
Driveway
The applicant is proposing to use a chain to block the driveway from the frontage road. They are
proposing this option due to the fact they are tenants and are not in position to make substantial
changes to the property. They also felt that a chain would be easy to remove in the event the Fire
Department needed alternative access to the site. It would be too costly at this point to fully remove
the existing driveway.
Staff has some concerns with this approach. Chapter 19 of the Zoning Ordinance provides Architectural
Review Guidelines. These guidelines are in place to help continually upgrade commercial development.
One site plan objective is to create an attractive appearance. Because of the visibility along Saguaro, a
main entry into the Town and the Town Center, it seems that another choice, such as using pots with
plants, would be more attractive.
Property Improvements
The applicant has stated in their project description their intention to make improvements to the
property if the SUP is approved. The landscaping on the property should also be enhanced. These
commitments should be tied to a specific schedule to ensure they are done.
Section 2.02. D.6. of the Zoning Ordinance states: “The Commission may recommend to the Town
Council such conditions in connection with the use permit as it deems appropriate to secure the intent
and purposes of this ordinance and may recommend such guarantees and evidence that such conditions
are being or will be followed.” Staff would suggest that the Commission recommend to the Council a
solution other than the chain to block the driveway and that the applicant be given six months to make
all the site improvements.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.02
Zoning Ordinance Section 12.05
Risk Analysis
Approving the request for the Special Use Permit will allow for active use of this property with a use that
is compatible with the area. Active use of the property will lead to making needed building and site
improvements.
Denying the Special Use Permit will keep the property as it is.
Recommendation(s) by Board(s) or Commission(s)
At its regular meeting on November 14, 2019, the Planning and Zoning Commission discussed concerns
with the existing underground storage tanks. The commissioners encouraged staff to follow up with
ADEQ to see what the current status is regarding the underground tanks. The commissioners also
expressed a desire that a solution be found to having a chain used to block access to the site from the
frontage road and encouraged a more creative solution. The Commission recommended approval of
the SUP with a 5-0 vote.
Staff Recommendation(s)
Staff recommends approval of the Special Use Permit with the conditions described in the report to
make improvements to the property within six months.
SUGGESTED MOTION
MOVE to APPROVE Special Use Permit 19-02 subject to compliance with the property improvements
defined in this report.
Attachments
Case Details Map
Site Plan
Application
Applicant Letters
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 12/03/2019 01:20 PM
Town Attorney Aaron D. Arnson 12/03/2019 02:04 PM
Town Manager Grady E. Miller 12/03/2019 08:28 PM
Form Started By: John Wesley Started On: 11/19/2019 12:57 PM
Final Approval Date: 12/03/2019
CASE:
SUP2019-02
SITE / ADDRESS:
11625 N Saguaro
APN #176-08-466A
REQUEST:
A Special Use Permit to allow new and used
automobile sales.
Site Location
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Jeff Pierce, Streets Superintendent
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom for
the Streets Division of the Public Works Department.
Staff Summary (Background)
Over the past two (2) years, severe monsoon storms have created many hazards throughout the Town
of Fountain Hills. Impassable roads covered in rock and mud, over-topped sediment basins with debris
from upstream flows and unwanted gravel/rock in right-of-way traffic lanes are just a few examples of
what staff has had to respond to at all hours of the day and night. Unfortunately, long wait times and
unavailability of rental equipment from vendors and conflicting contractor obligations have put
prolonged time delays with town-wide cleanup efforts.
Currently, for the Fiscal Year 2019/20, the Street Department has requested two new pieces of
equipment to help with the preparation and clean-up during monsoon season events and other
town-wide maintenance projects (drainage, wash and road maintenance) as part of the day-to-day
operations. A 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom will
allow staff to respond to any potential hazard (dirt, mud & debris) in a timely manner during monsoon
season.
Related Ordinance, Policy or Guiding Principle
New Vehicle Request
Risk Analysis
Without this heavy equipment, significant delays for storm debris can occur due to time restrictions and
availability of rental equipment.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Approval to purchase a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom
Approval to purchase a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom
in the amount of $169,676.97
SUGGESTED MOTION
MOVE to approve the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350
Power Broom in the amount of $169,676.97.
Fiscal Impact
Fiscal Impact:$169,676.97
Budget Reference:Page 408
Funding Source:VRHURF-8010
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:Yes
Attachments
CPA Empire Southwest
Contract Cover Sheet Empire Southwest
RFLS Empire Southwest
Form Review
Inbox Reviewed By Date
Public Works Director Jeff Pierce 12/02/2019 06:52 AM
Streets Superintendent (Originator)Jeff Pierce 12/02/2019 12:18 PM
Public Works Director Jeff Pierce 12/02/2019 12:37 PM
Streets Superintendent (Originator)Jeff Pierce 12/02/2019 12:39 PM
Public Works Director Justin Weldy 12/02/2019 01:24 PM
Town Attorney Aaron D. Arnson 12/03/2019 02:11 PM
Town Manager Grady E. Miller 12/03/2019 08:43 PM
Form Started By: Jeff Pierce Started On: 12/02/2019 05:35 AM
Final Approval Date: 12/03/2019
1
Contract No. C2020-013
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
EMPIRE SOUTHWEST, LLC
D/B/A EMPIRE POWER SYSTEMS
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into
as of September 3, 2019, between the Town of Fountain Hills, an Arizona municipal corporation
(the “Town”), and Empire Southwest, LLC, a Delaware limited liability company d/b/a Empire
Power Systems (the “Contractor”).
RECITALS
A. After a competitive procurement process, Sourcewell entered into Contract No.
032119-CAT, dated May 13, 2019, with Caterpillar Inc., a Delaware corporation (“Caterpillar”),
for the procurement of heavy construction equipment with related accessories, attachments, and
supplies (the “Sourcewell Contract”). A copy of the Sourcewell Contract is attached hereto as
Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement.
Contractor is an authorized dealer for Caterpillar.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded
Contractor, and the Sourcewell Contract permits its cooperative use by other public entities,
including the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging the cooperative contractual relationship under the Sourcewell Contract and this
Agreement, (ii) establishing the terms and conditions by which the Town will purchase a CAT
415F2 Industrial Loader and a Broce CRT350 Power Broom and related equipment (the
“Materials”), and (iii) setting the maximum aggregate amount to be expended pursuant to this
Agreement related to the Materials.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until September 2, 2020 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the
expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year
terms (each, a “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to
2
availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the
Sourcewell Contract has not expired or has been extended, (iii) at least 30 days prior to the end of
the then-current term of this Agreement, the Contractor requests, in writing, to extend this
Agreement for an additional one-year term and (iv) the Town approves the additional one-year
term in writing (including any price adjustments approved as part of the Sourcewell Contract), as
evidenced by the Town Manager’s signature thereon, which approval may be withheld by the
Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this
Agreement to terminate at the end of the then-current term of this Agreement; provided, however,
that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this
requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively
referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall
remain in full force and effect.
2. Scope of Work. Contractor shall provide the Town with the Materials under the
terms and conditions of the Sourcewell Contract and as more particularly set forth in the Contractor
Proposals attached hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. The Materials are subject to final inspection and
acceptance by the Town. If the Materials fail to conform to the requirements of this Agreement
and/or the Sourcewell Contract, they will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming product, the Town may elect to do any or all of the following by written notice to
the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the
Materials into compliance and withhold the cost of same from any payments due to the Contractor.
3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed
$169,676.97 for the Materials at the rates set forth in the Sourcewell Contract and as more
particularly set forth in the Contractor Proposals.
4. Payments. The Town shall pay the Contractor upon delivery and acceptance of the
Materials, and upon submission and approval of invoices. Each invoice shall (i) contain a reference
to this Agreement and the Sourcewell Contract and (ii) document and itemize all products delivered
to date. The invoice statement shall include sufficient detail to justify payment. Additionally,
invoices submitted without referencing this Agreement and the Sourcewell Contract will be subject
to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
3
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona, and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations
under this Agreement are current expenses subject to the “budget law” and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict, or ambiguity among
the terms of this Agreement, the Contractor Proposals, the Sourcewell Contract, and invoices, the
documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
4
conformity with Section 2 above, unauthorized exceptions, conditions, limitations, or provisions
in conflict with the terms of this Agreement or the Sourcewell Contract (collectively, the
“Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly
declared void and shall be of no force and effect. Acceptance by the Town of any invoice
containing any such Unauthorized Conditions or failure to demand full compliance with the terms
and conditions set forth in this Agreement or under the Sourcewell Contract shall not alter such
terms and conditions or relieve Contractor from, nor be construed as or deemed a waiver of, its
requirements and obligations in the performance of this Agreement.
12. Rights and Privileges. To the extent provided under the Sourcewell Contract, the
Town shall be afforded all of the rights and privileges afforded to Sourcewell and shall be
“Sourcewell” (as defined in the Sourcewell Contract) for the purposes of the portions of the
Sourcewell Contract that are incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to Sourcewell to the extent provided under the Sourcewell Contract, and
such insurance coverage and indemnifications shall inure and apply with equal effect to the Town
under this Agreement including, but not limited to, the Contractor’s obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend, and hold
harmless the Town and each council member, officer, employee, and agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from, and against any and all
losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable
attorneys’ fees, court costs, and the costs of appellate proceedings) to which any such Indemnified
Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes, or omissions, in connection with the
products or services of the Contractor, its officers, employees, agents, or any tier of subcontractor
in the performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(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 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 E. Falcon Drive, Suite 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Empire Southwest, LLC
d/b/a Empire Power Systems
5
1725 S. Country Club Drive
Mesa, AZ 85210
Attn: Doug Calvet
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: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, or (iii) 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.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
________________________________
Grady E. Miller, Town Manager
ATTEST:
________________________________
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ________________, 2019, 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]
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
EMPIRE SOUTHWEST, LLC
D/B/A EMPIRE POWER SYSTEMS
[Sourcewell Contract]
See following pages.
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
EMPIRE SOUTHWEST, LLC
D/B/A EMPIRE POWER SYSTEMS
[Contractor Proposals]
See following pages.
01/30/19
Town of Fountain Hills
Attention: Jeff Pierce
Office: 480-816-5129
Jpierce@fh.az.gov
Re: NIPA Quotation Contract #161534
2019 Broce CRT350 Broom
BROCE RCT 4 CYL 3.3L Cummins Turbo Diesel Tier 4 Final
WITH Blade
4 CYL 3.3L Cummins T4 Final 51,965.00$
Tilt steering 675.00$
Turbo II precleaner 275.00$
150 gal. water system 1,250.00$
Cab with wiper 5,095.00$
heater/defroster system 665.00$
Pressurized air conditioner 3,400.00$
Light group 670.00$
Amber beacon 400.00$
West Coast mirrors 135.00$
Rear wiper 365.00$
Windshield washers - F/R 380.00$
7 1/2 ft Front Scraper Blade Attachment 3,965.00$
Safety engine shutdown -$
Audible engine alarm 305.00$
Air stack extension -$
Suspension seat 355.00$
Heavy duty rear axle 1,375.00$
Hydraulic temp gauge 210.00$
Work light - side 195.00$
Work light - rear 195.00$
Block heater 190.00$
AM/FM/CD radio 565.00$
Broce List Price:72,630.00$
NIPA Contract #161534 Discount 9%6,536.70$
Broce Quoted Freight 1,800.00$
Net Total 67,893.30$
Sales Tax 8.05%5,465.41$
Total 73,358.71$
Warranty
Standard Manufacturer’s Warranty 12 months
*Includes delivery to Fountain Hills yard and extensive operator and safety training from one of our CAT certified instructors.
If you have any questions regarding this information please let me know. Thank you for allowing Empire Machinery to assist with
your Caterpillar equipment needs.
Sincerely,
Doug Calvet
Account Manager
602-622-4917
Doug.Calvet@empire-cat.com
12/6/2018
Town of Fountain Hills
Attention: Jeff Pierce
Office: 480-816-5129
Jpierce@fh.az.gov
Re: NIPA Quotation Contract #161534
2018 New Caterpillar 415F2IL 415F2 Industrial Loader – Cab with AC/Heater
Standard Equipment
POWERTRAIN Stop and tail lights
Cat C3.4B, 55KW (Net 68HP/51kW) Audible system fault alarm
- Direct Injection Turbo Charged Engine, Key start/stop system
- US EPA Tier4 Final Emissions Compliant 880 CCA maintenance free battery
Water separator Battery disconnect switch
Thermal starting aid system External Power Receptacle (12v)
A dry type axial seal air cleaner with Remote jump start connector
- integral precleaner
- automatic dust ejection system OPERATOR ENVIRONMENT
- filter condition indicator Lighted gauge group
Hydraulically boosted multi-plate wet Interior rearview mirror
disk brake with Rear fenders
- dual pedals & interlock ROPS canopy
Differential lock Foot throttle
Drive-line parking brake Mechanical suspension seat
Torque converter Coat Strap
Four Wheel Drive
Transmission-four speed manual shift APPLICATION SPECIFIC COMPONENTS
- neutral safety switch Bucket level indicator
Spin-on filters for Lift cylinder brace
- fuel Return-to-dig
- engine oil (automatic bucket positioner)
- transmission oil Self-leveling loader with single lever
Outboard Planetary Rear Axles control
Diesel Particulate Filter Transmission neutralizer switch
Single Tilt Loader
HYDRAULICS
Load sensing, variable flow system with FLUIDS
- 35 gpm axial piston pump Antifreeze - Extended Life Coolant
6 micron hydraulic filter -30C (-20F)
O-ring face seal hydraulic fittings
Caterpillar XT-3 hose OTHER STANDARD EQUIPMENT
Hydraulic oil cooler Hydrostatic power steering
Flow-Sharing Hydraulic Valves Standard Storage Box
Hydraulic suction strainer Transport tie-down points
Ground line fill fuel tank with
ELECTRICAL - 44 gallon capacity
12 volt electrical start Rubber impact strips on radiator guards
150 ampere alternator Bumper
Horn CD-ROM Parts Manual
Backup alarm Safety Manual
Hazard flashers/turn signals Operations and Maintenance Manual
Halogen head lights (2) Lockable hood
Halogen rear flood lights (2) Tire Valve Stem Protection
Configured as Follows
Ref # Description Price
4625265 415F2IL $83,940
0P9002 LANE 2 ORDER $0
4625273 HYDRAULICS, GP, 3FCN/5BNK $5,580
4470049 PRODUCT LINK, CELLULAR, PL641I $0
4625276 CAB, STANDARD, A/C $10,080
4916734 WORKLIGHTS (8) HALOGEN LAMPS $0
2061748 SEAT BELT, 3" SUSPENSION $107
4649639 TIRES,12.5 80/16.9-24, GY/TI $1,510
3379695 COUNTERWEIGHT, 530 LBS $875
4625281 HITCH 3 POINT $0
3377382 BUCKET-GP, 1.0 CYD $2,699
9R5321 CUTTING EDGE, TWO PIECE $331
4627172 INSTRUCTIONS ANSI $0
4218926 SERIALIZED TECHNICAL MEDIA KIT $0
4572797 BATTERY, HEAVY DUTY $223
4636939 COUNTERWEIGHT, 198 LBS $565
4619717 BOX, BLADE/SCARIFIER $6,042
4705247 KIT, DUAL TILT CYLINDER $2,028
0P0210 PACK, DOMESTIC TRUCK $0
4616839 SHIPPING/STORAGE PROTECTION $199
4621033 RUST PREVENTATIVE APPLICATOR $106
Warranty
Standard Manufacturer’s Warranty 12 months / unlimited hours. Includes travel time and mileage for warrantable repairs.
Pricing Summary
Caterpillar List Price: $114,285.00
City of Tucson NIPA Contract #161534 Discount 22%: (25,142.70)
Sub Total: $89,142.30
Sales Tax 8.05%: 7,175.96
Total: $96,318.26
*Includes delivery to Fountain Hills yard and extensive operator and safety training from one of our CAT certified instructors.
If you have any questions regarding this information please let me know. Thank you for allowing Empire Machinery to assist with
your Caterpillar equipment needs.
Sincerely,
Doug Calvet
Account Manager
602-622-4917
Doug.Calvet@empire-cat.com
Revised 12/21/16
CONTRACT/GRANT INFORMATION SHEET - NEW CONTRACT
Date: 8/6/2019
Staff’s Name: Justin T. Weldy Department: Public Works
Vendor’s Name: Empire Southwest LLC Vendor Number: 246
Address: 1725 S Country Club Drive Mesa, AZ 85210
Phone: 602-633-4917
Received W9: Y N ALREADY IN SYSTEM
Business License #: Pending Exp. Date:
ACCOUNTING SUMMARY Org Object Project/# $
Accounting Code: VRHURF 8010
Accounting Code:
Accounting Code:
TBD(used for variety of different
things/departments /funds):
Choose an item.
CONTRACT SUMMARY
Contract Number Assigned: C2020-013
Current Contract Total: $169,676.97 Total Contract Amount with
Renewals:
Brief Description of Service: Equipment Purchase
If Renewable: Total # of Renewals Max: 0
FY Cumulative Vendor Totals: Does this Contract put it over $50,000 Yes No
Contract Beginning Date: 9/3/2019
Contract Expiration Date: 9/2/2020
Budgeted Expenditure: Yes No
Budget Page #: 414
Approved by Council: Yes; Date: SEPTEMBER 3, 2019 No N/A
Insurance Certificate provided: Yes No N/A
Warranty Period: Yes No If Yes, expires 48 months
Estimate d Start Date: 9/4/2019
Estimate d Completion Date: 9/2/2020
GRANT SUMMARY
Paid for by Grant: Yes No
Name of Grantee:
Grant Number Assigned: Resolution Number:
Date Council Approved:
c:\windows\temp\bcl technologies\easypdf 7\@bcl@1834a36d\@bcl@1834a36d.docx Rev. 12/2016
REQUEST FOR LEGAL SERVICES
Name/Phone Number/E-mail of Requestor:
Justin T. Weldy
480-816-5133 jweldy@fh.az.gov
Date of Request:6/27/2019
Date Director Approved Request:
6/27/2019
Procurement Approval by: Craig Rudolphy
6/27/2019
Yes No: - Contact Finance Director
Due Date (From Town Attorney’s office):
7/12/2019
• Deadline for return of request from Legal is 10
business days after Procurement Approval.
Council Meeting Date : 8/13/2019
Item does not require Council approval
• Deadline for completed packet item s submitted to
the Town Clerk - 12 PM the Wednesday 2 weeks
prior to the date of the Council meeting.
Request for Legal staff: Prepare cooperative purchasing agreement in the amount of $169,676.97 using
the attached State of Arizona documents. This agreement is for the vehicle replacement purchase of a 2018
Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom .
Proposed Agenda Language (if applicable): Consent Agenda Item Regular Agenda Item
CONSIDERATION of approving the purchase a 201 8 Caterpillar 4 15F2 Industrial Loader and a 2019 Broce CRT350
Power Broom approved in the fiscal year 2019/20 budget utilizing the vehicle replacement fund.
Vendor/Consultant/Agreement/Agency Information :
Contact Name: Doug Calvet
Entity Name: Empire Southwest LLC
Entity Address: 1725 S Country Club Drive Mesa, AZ 85210
Entity Phone , Fax and E-mail address: 602-633-4917; 480-633-4626 (F); rena.mcdonald@empire -cat.com
Town of Fountain Hills Business License Number: N/A
Arizona Corporation Commission File Number: R08238673
Documents Requested:
Ordinance # (Draft attached Y/ / N)
Publication Dates for Zoning Actions:
Resolution # (Draft attached Y/ / N)
Easement (Specify Type)
Deed (Specify Type)
IGA / Amendment (Corresponding Resolution
Required)
PSA / Amendment
PA (Purchase) / Amendment
IFB (Invitation for Bid)
RFQ (Request for Qualifications)
RFP (Request for Proposals)
CSA (Construction) / Amendment
QSP
Cooperative Purchasing Agreement Approval 2020-013
Other
Required Contract/Agreement Information:
Method of Vendor Selection:National Joint Powers Alliance (Sourcewell) Coop
Term of Contract/Agreement:May 13, 202 3
Contract Amount (this contract):$169,676.97 Cumulative Contract Amount:$169,676.97
Brief description of services/goods being sought: Vehicle Replacment Purchase of a 201 8 CAT 415F2 Industrial
Loader and 2019 Broce CRT350 Power Broom
Contract # assigned: C2020-013
Funding Source: VRAD Project No.
Budget Transfer Required: ; if yes, attach appropriate documentation
------------------------------------------------------------------------------------------------------------------------------------
--
Staff Check List:
A “request for legal services form” will be returned if submitted without the necessary information and attachments.
*Scope of Work or Specifications Attached *QSP Document Attached
*Fee Proposal or Price Sheet Attached *Underlying Cooperative Purchasing Agreement
Attached
*Proposal or Statement of Qualifications from Vendor Attached
c:\windows\temp\bcl technologies\easypdf 7\@bcl@1834a36d\@bcl@1834a36d.docx Rev. 12/2016
*Bid/RFQ/RFP Schedule Attached
Finance requires a “contract cover sheet” prior to processing the approved/signed contract/agreement for payment(s).
ITEM 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting
Resolution 2019-59 ordering and calling a Special Election to be held in and for the Town on May 19,
2020, to refer to the voters of the Town 1) Ordinance 19-03 rezoning 59.79 acres generally located at
the northeast corner of Shea and Palisades Boulevards from L-3 P.U.D. and OSR to Daybreak P.A.D.; and
2) Resolution 2019-39, changing roughly 23 acres near the northeast corner of Shea and Palisades
Boulevard from Lodging to Multi-Family/Medium; and other questions which may be ordered by the
Town Council as permitted by law.
Staff Summary (Background)
At the December 3, 2019, Regular Council Meeting, the Town Council unanimously (6-0) moved to
direct staff to bring back a resolution to the December 17, 2019 Council Meeting ordering and calling a
Special Election for May 19, 2020, for referring the two referenda questions regarding the Daybreak
development to the voters.
With another issue being discussed after this item on the agenda, wording has been included that would
permit other questions to be added to the Special Election ballot should the Town Council wish to do so,
and as permitted by state law.
Related Ordinance, Policy or Guiding Principle
Resolution 2019-59
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Should the Council wish to move forward with a Special Election for May 19, 2020, staff recommends
adopting Resolution 2019-59.
SUGGESTED MOTION
MOVE to adopt Resolution 2019-59.
Fiscal Impact
Fiscal Impact:$50,000
Budget Reference:-
Funding Source:-
If Multiple Funds utilized, list here:-
Budgeted: if No, attach Budget Adjustment Form:-
Attachments
Res 2019-59
Form Review
Inbox Reviewed By Date
Finance Director David Pock 12/05/2019 07:34 AM
Town Attorney Aaron D. Arnson 12/05/2019 09:46 AM
Town Manager Grady E. Miller 12/05/2019 09:47 AM
Form Started By: Elizabeth A. Burke Started On: 12/05/2019 07:06 AM
Final Approval Date: 12/05/2019
RESOLUTION NO. 2019-59
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ORDERING AND CALLING A SPECIAL
ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS, ON
MAY 19, 2020, TO REFER TO THE VOTERS OF THE TOWN 1) ORDINANCE
19-03 REZONING 59.79 ACRES GENERALLY LOCATED AT THE
NORTHEAST CORNER OF SHEA AND PALISADES BOULEVARDS FROM
L-3 P.U.D. AND OSR TO DAYBREAK PAD; AND 2) RESOLUTION 2019-39,
CHANGING ROUGHLY 23 ACRES NEAR THE NORTHEAST CORNER OF
SHEA AND PALISADES BOULEVARDS FROM LODGING TO MULTI-
FAMILY/MEDIUM
RECITALS:
WHEREAS, on October 10, 2019, two applications for referenda petition serial numbers
REF2019-01 and REF2019-02 were filed with the Town Clerk; and
WHEREAS, on October 31, 2019, petitions for each of the referenda questions were filed with
the Office of the Town Clerk within the deadline established by Arizona Revised Statutes; and
WHEREAS, after review and procedures conducted by the Fountain Hills Town Clerk and
subsequent random sampling voter registration verification by the Maricopa County Recorder’s
Office, it was determined that said petitions contained adequate numbers of signatures to place
each item on the ballot; and
WHEREAS, the Fountain Hills Town Council believes it to be in the best interest of the Town to
order and call a special election to be held on May 19, 2020.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. Order and Call of Election. A special election in the Town of Fountain Hills,
Arizona, is hereby ordered and called to be held on May 19, 2020, to refer to the qualified electors
of the Town Ordinance No. 19-03 (Daybreak Rezone) and Resolution 2019-39 (Daybreak
General Plan Amendment), and other questions which may be ordered by the Town Council to
be placed on said ballot after adoption of this resolution, as permitted by law.
SECTION 2. Conduct of Election. The election will be conducted by mail ballot according to
A.R.S. 16-409, as amended, and the Town Clerk is hereby authorized to sign Maricopa County’s
Menu of Services Agreement for the conduct of the May 19, 2020 Special Election.
SECTION 3. Informational Pamphlet. The Town Clerk is hereby directed to cause the
preparation and distribution of an informational pamphlet, which shall include the sample ballot
for the Town; and, if the Town Clerk determines it to be in the Town’s best interests, combine
such informational pamphlet and sample ballot with any other informational pamphlet being
RESOLUTION 2019-59 PAGE 2
prepared for the May 19, 2020 Special Election. The Informational Pamphlet is to be mailed by
April 20, 2020 to the residence of each registered voter of the Town as shown on the general
county register.
SECTION 4. Submitting Arguments. The Town hereby sets the date of February 19, 2020,
at the hour of 6:00 p.m., as the deadline to submit arguments FOR or AGAINST each of the
questions. The Town Clerk is authorized to publish in a newspaper of general circulation within
the Town a notice stating the deadline for the filing with the Town of arguments FOR or
AGAINST, for inclusion in the informational pamphlet. A form of the notice requesting arguments
FOR and AGAINST, including the deadline for submitting arguments, is attached hereto as
Exhibit A. The Town Clerk is authorized to revise the form of notice hereto as necessary to
comply with all applicable laws. Each argument shall not exceed 300 words in length and shall
contained the sworn statement of each person sponsoring it. If the argument is sponsored by an
organization, it shall contain the sworn statement of two executive officers of the organization, or
if sponsored by a political committee, it shall contain the sworn statement of the committee’s
chairman or treasurer. Each argument shall also be submitted to the Town Clerk in electronic
format. Persons signing shall also identify themselves by giving their residence or post office
address and a telephone number, which shall not appear in the pamphlet. With each argument
supporting or opposing the questions, one hundred dollars ($100.00) shall be deposited with the
Town Clerk, for a proportionate cost of paper and printing the argument.
SECTION 5. Deadline for Voter Registration and Mailing of Ballots. Maricopa County
registration and voting lists will be used for the special election. To be qualified to vote in the
special election, a Town resident must be registered to vote by April 20, 2020. In an all-mail ballot
election, all qualified electors who were registered by the registration deadline will receive a mail
ballot. Official ballots for the special election will be mailed by Maricopa County Electio ns to
qualified electors three to four weeks prior to the election date. The following locations will open
as ballot replacement locations as noted:
Fountain Hills Community Center 05/11/20 – 05/19/20
13001 North La Montana Drive
Fountain Hills, Arizona 85268
Maricopa County Elections Department – MCTEC 04/22/20 – 05/19/20
510 South 3rd Avenue
Phoenix Arizona 85003
Maricopa County Recorder/Elections Department – MESA 04/22/20 – 05/19/20
222 East Javelina
Mesa, Arizona 85210
SECTION 6. Ballots. The Town Clerk is hereby authorized and directed to cause ballots to be
printed and mailed to the qualified electors offering to vote at the election. The Mayor and the
Town Clerk, or either of them, are authorized and directed to enter into one or more contracts or
agreements with the Maricopa County Recorder and with the Maricopa County Elections
Department for election services.
RESOLUTION 2019-59 PAGE 3
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 17th day of December, 2019.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
RESOLUTION 2019-59 PAGE 4
EXHIBIT A
TOWN OF FOUNTAIN HILLS
MAY 19, 2020 SPECIAL ELECTION
REQUEST FOR STATEMENTS FOR OR AGAINST
The Town of Fountain Hills, Arizona will hold a Special Election on Tuesday, May 19, 2020, to
refer to the qualified electors of the Town Ordinance 19-03 (Daybreak Rezone) and Resolution
2019-39 (Daybreak General Plan Amendment), and other questions which may be ordered by
the Town Council to be placed on said ballot after adoption of this resolution, as permitted by
law.
Ballot language will be available in the Town Clerk’s Office and on the Town’s webpage by
January 5, 2020.
Questions will be presented to the qualified voters of the Town of Fountain Hills in an informational
pamphlet. The pamphlet will be mailed to the households of all registered voters prior to the start
of early voting.
Any person(s) wishing to submit a statement FOR or AGAINST the questions may be submitted
for publication in the informational pamphlet. Each argument cannot exceed 300 words in length
and must contain the sworn statement of each person sponsoring it. If the argument is sponsored
by an organization, it shall contain the sworn statement of two executive officers of the
organization, or if sponsored by a political committee, it shall contain the sworn statement of the
committee’s chairman or treasurer. Each argument shall also be submitted to the Town Clerk in
electronic format. A payment of one hundred dollars ($100.00), to offset a portion of the cost of
paper and printing the pamphlet, must accompany the filing of each argument.
Arguments must be submitted by 6:00 p.m. on February 19, 2020, at the following location:
Fountain Hills Town Clerk’s Office
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
For more information, please call the Fountain Hills Town Clerk Elizabeth Burke at 480.816.5115.
ITEM 7. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/17/2019 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting
Ordinance 19-19 amending the Town Code Chapter 2, Article 2-1-1, Elected Officials, extending the
term of office of the Mayor from two years to four years.
Staff Summary (Background)
The Town Manager has received a request from some Councilmembers to include this item on the
agenda to provide an opportunity to consider referring to the voters an amendment to the Town Code
changing the term of the office of the Mayor from two (2) years to four (4) years. This proposed change
would make the term of the Mayor consistent with the terms of the other members of the Town
Council. A number of cities and towns in the Valley and elsewhere in Arizona have four-year terms for
their Mayors.
On July 2, 1992, an ordinance was adopted to refer to the voters a question to provide for direct
election of the Mayor. That ordinance included that the term of the office of Mayor be for two (2)
years. Since this original ordinance was adopted and the question was referred to the voters, and
approved, it has been determined that to change the term from two years to four years would require
that question be referred to the voters.
It has been suggested by some that if the majority of Council wished to refer this question, it could be
added to the ballot of the Special Election called for May 19, 2020. The resolution calling the Special
Election does include wording that would allow other questions to be added to the ballot, as permitted
by law.
Related Ordinance, Policy or Guiding Principle
Ordinance 19-19; Resolution 2019-58 calling a Special Election
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Should the Town Council wish to refer this question to the voters, staff would recommend that
Ordinance 19-19 be adopted and that the question be added to the May 19, 2020, Special Election
ballot.
SUGGESTED MOTION
MOVE to adopt Ordinance 19-19.
Attachments
Ord 19-19
Form Review
Inbox Reviewed By Date
Finance Director David Pock 12/05/2019 09:38 AM
Town Attorney Aaron D. Arnson 12/05/2019 09:48 AM
Town Manager Grady E. Miller 12/05/2019 03:07 PM
Form Started By: Elizabeth A. Burke Started On: 12/05/2019 07:26 AM
Final Approval Date: 12/05/2019
ORDINANCE 19-19
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE CHAPTER 2
BY AMENDING SECTION 2-2-1, ELECTED OFFICERS, DEALING WITH THE
TERM OF THE OFFICE OF MAYOR AND PROVIDING FOR A VOTE OF THE
QUALIFIED ELECTORS OF THE TOWN APPROVING SAID CHANGE
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. THAT Chapter 2, Article 2-1, Elected Officers, Section 2-1-1 is hereby amended
as follows:
Section 2-1-1 Elected Officers
A. The elected officers of the Town shall be a Mayor and six Councilmembers. The Mayor
and Councilmembers shall constitute the Council and shall continue in office until
assumption of duties of office by their duly elected or appointed successors, as set forth
in Sections 2-1-3 and 2-1-4 of this Article.
B. The term of the office of Mayor shall be for two FOUR years.
C. Councilmembers shall serve four-year, overlapping terms.
SECTION 2. THAT the provisions of this ordinance shall not become effective until after the
question of changing the term of the office of Mayor has been presented to the qualified electors
of the Town of Fountain Hills and the question shall have received a majority of the votes cast.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 17th day of December, 2019.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney