Loading...
HomeMy WebLinkAbout2020.0107.TCRM.Packet            NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      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, JANUARY 7, 2020 WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT   The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM , please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible.   REGULAR MEETING    REGULAR MEETING NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).             1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Ginny Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.RECOGNITION OF Fountain Hills Leadership Academy Class 4 Members     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.     A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of December 17, 2019.     B.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 March 6, 2020.     C.CONSIDERATION OF approving a Special Event Liquor License application for the Benevolent      Town Council Regular Meeting of January 7, 2020 2 of 4   C.CONSIDERATION OF approving a Special Event Liquor License application for the Benevolent Order of Elks Lodge #2846 for the purpose of a fundraiser to be held on February 2, 2020.     D.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Elks Lodge #2846 for a beer garden in conjunction with the Great Fair on Feb 22-23, 2020.     8.REGULAR AGENDA     A.PUBLIC HEARING AND CONSIDERATION OF a request for a Special Use Permit to allow an 11.25-foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District Case # SU2019-04     B.CONSIDERATION OF Approving a Cooperative Purchasing Agreement with General Acrylics (Contract No. 2020-051) to Design and Install One Basketball Court at Four Peaks Park.     C.CONSIDERATION OF adopting Resolution 2020-04 approving the 2020-2023 Community Services Department Strategic Plan.     D.CONSIDERATION OF approving Cooperative Purchasing Agreement C2020-054 with Vincon Engineering Construction, LLC. for concrete services.     E.CONSIDERATION OF approving the fourth amendment to Professional Services Agreement C2017-087.4  with the CK Group Inc., for the design of: (1) roundabout drainage improvement at the Avenue of the Fountains/ La Montana Boulevard intersection, and (2) Fountain Hills Blvd mid-block Pedestrian crossing analysis     9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.     10.ADJOURNMENT         CERTIFICATE OF POSTING OF NOTICE    Town Council Regular Meeting of January 7, 2020 3 of 4   Town Council Regular Meeting of January 7, 2020 4 of 4 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 v-- day of / ,2020. Eli abeth A. u ke, MMC,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving the meeting minutes of the Regular Meeting of December 17, 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 Regular Meeting of December 17, 2019. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of December 17, 2019. Attachments 2019.1217.TCRM.Minutes  Form Review Inbox Reviewed By Date Finance Director David Pock 12/26/2019 07:54 AM Town Attorney Elizabeth A. Burke 12/26/2019 09:17 AM Town Manager Grady E. Miller 12/30/2019 08:43 AM Form Started By: Elizabeth A. Burke Started On: 12/26/2019 07:50 AM Final Approval Date: 12/30/2019  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 17, 2019                  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Ginny Dickey    Mayor Dickey called the meeting of December 17, 2019, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance.   A.INVOCATION - Brad Ough, Church of Jesus Christ of Latter-day Saints    As Mr. Ough was not present, a Moment of Silence was held. Mayor Dickey said that their thoughts were with the family and friends of Sharon Morgan and reported that the presentation by Chamber of Commerce Director Betsy LaVoie would be postponed to a future date.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; 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.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER    Counclmember Scharnow reported that the Noon Kiwanis had started off the holiday season with their Breakfast with Santa, which brought in around 250 people. He said that several of the Councilmembers attended the Incorporation Luncheon and it was good to see some of the former mayors and councilmembers there. He thanked the Mayor and staff for organizing the luncheon. Councilmember Spelich reported that he and the Mayor attended the Pearl Harbor Memorial at the American Legion and also attended a ceremony in Phoenix. Pearl Harbor Day is very important to him as his father had just completed his aviation training when the attack occurred. He was soon assigned to Pearl Harbor and the Pacific Fleet, so that day was always very solemn in his home. Mayor Dickey reported that she had attended a MAG Regional Council Meeting where they discussed infrastructure and transportation. She said that the Stroll in the Glow was great. She had lunch with three original staff members and the first mayor. She said that they missed Sharon, who was planning to be there, but she was there in spirit. Mayor Dickey reported that she attended the open house held by the new Volunteer Coordinator at the Community Center, and she was able to go to Fountainview Village and help judge the gingerbread house contest. Vice Mayor Leckrone added that they did a great job on the First Responder's Christmas Tree on the Avenue.   A.PROCLAMATION declaring January 2020 as Speak Up, Save a Life Month       Vice Mayor Leckrone introduced Gina Godbehere, Co-Founder of Stand Up, Speak Up and Save a Life, and read the Proclamation proclaiming January 2020 as Stand up, Speak Up and Save a Life Month. She then presented the Proclamation to Ms. Godbehere.   B.RECOGNITION of outgoing McDowell Mountain Preservation Commission Chairman Bill Myers    Mayor Dickey read a bio on Chairman Bill Myers of the McDowell Mountain Preservation Commission and presented him with a Certificate of Recognition for his long service to the community. Mr. Myers said that it had been an honor and privilege to be associated with the Commission. He said that that he was just a small part of the last 25 years in making the Preserve and trailheads work, along with the late Sharon Morgan and Commissioner Kinsey, this Mayor and Council, prior mayors and councils and staff. He said that he would predict the in the second quarter of 2020 they will have access to the Adero Canyon Trailhead.   4.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   A.PRESENTATION by Chamber of Commerce Director Betsy LaVoie    Postponed   B.PRESENTATION and update on the draft General Plan 2020.      Development Services Director John Wesley said that they now have a full draft plan and it has been out and available for a month. They are in the process of getting comments and making adjustments. The final draft will be done in January and then they will go through the rest of the approval process. He then briefly reviewed a PowerPoint presentation which addressed: CITIZEN INPUT CITIZEN INPUT/PLAN RESPONSE MAINTAIN AND IMPROVE BIKE LANES, ROADS AND SIDEWALKS PUBLIC INPUT Stakeholder Meeting 11/20 Public Open House 11/20 NEXT STEPS Mayor Dickey said that they were there for the first meeting (stakeholders meeting) and the sky opened up. It was not an easy day for people to get out and attend the public meeting, but there will be other opportunities. Mr. Miller said that last time they had the presentation was prior to the stakeholder meetings and prior to the council getting their feet wet. He feels very confident that with the feedback they have been getting it is moving along. He said that there are a number of policy statements that are consistent with the Strategic Plan and policy direction. Regular Meeting of December 17, 2019 2 of 12 Councilmember Scharnow said that there were a few references to the downtown area needing to be consistent with the Town's small town feel, and he asked what that looks like. Mr. Wesley said that it will be fleshed out with one of the implementation policies. He said that some of the newer development is more modern is not consistent with the direction the Town wants to go, but they do not want it too restrictive. Councilmember Magazine said that two months ago he had a discussion with the Town Manager and Economic Development Director on a concept he has been thinking about, and he also mentioned it to the Mayor. He said that about eight years ago, as a member of the Strategic Planning Advisory Commission, he made a presentation on "Clusters of Innovation." These are conglomerations of companies; there are about 160 clusters in the United States. He said that they do not recognize boundaries and will overlap local jurisdictions. They have them for the oil and gas industry, lumber, aerospace, medical devices, etc. He said that innovation is the key to success anywhere and they are one of the most innovative countries in the world. It comes about when people talk to each other, such as the aerospace cluster in Texas where the main company is Boeing, but it attracts all kinds of subsidiary companies that feed into it. They do this by knowing each other, golfing, dinners, etc. He said that he has been thinking that Fountain Hills is ripe to become a cluster. There is no community in the State that has the number and types of wellness and health care companies, the Turkey Trot, 5K's, etc. He said tha he thinks they should look seriously at branding Fountain Hills as a wellness community. Not for old people, but young and old alike. He would like to see the Town Manager and Economic Development Director think about a path forward, perhaps create a task force with members of SPAC, Vision Fountain Hills, the Chamber, etc. He said that it takes time to study the issue and it takes the willpower to make it happen. Mayor Dickey said that she agreed that it should be looked at and explored, but she believes they have a beautiful, scenic, one-of-a-kind community.   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.    The following individuals addressed the Council and asked the Council to direct staff to further review the hospital project because of their many concerns. They said that they have attempted to have the developers come back out and meet with the neighbors, but they are refusing to do so until they receive their permits, and then it is too late: Rose Anouti, Larry Meyers, and Jane Bell. Mr. Miller said that they do not normally comment when speakers come up, but he did forward the letter he received to the applicant. They did commit to holding two open public meetings in January; they are committed to meeting with the neighbors. He said that they responded to the concerns and he would forward that letter to the speakers. He said that the issuing of permits is an administrative process, not subject to Council action. Mr. Arnson suggested that any further discussion be continued to a later date. Regular Meeting of December 17, 2019 3 of 12 Councilmember Scharnow asked what the process was. Mr. Wesley said that the Council considered the application in June, and agreed that the hospital was a permitted use in a C-1 district. To operate it as a hospital all night is a Special use Permit, and they will be applying for that which will come back before Council. He said that by Code they are required to have an eight foot wall along their property line. They are showing that and will be required to build it, but some of the neighbors did not want an eight foot wall. The developer said that he would be willing to apply for the variance, and that would be another public hearing process. Councilmember Brown said that when he received his letter he had a conversation with the Town Manager. He was not aware that he had received a response back, and he requested that the Town Manager forward that letter to him.   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.    MOVED BY Councilmember Dennis Brown, SECONDED BY Vice Mayor Sherry Leckrone to approve Consent Agenda Items 6-A through 6-G.  Vote: 7 - 0 Passed - Unanimously   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    Regular Meeting of December 17, 2019 4 of 12   7.REGULAR AGENDA   A.CONSIDERATION OF appointment to the McDowell Mountain Preservation Commission.      MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to appoint Janice Holden to the McDowell Mountain Preservation Commission, term expiring October 31, 2020.  Vote: 7 - 0 Passed - Unanimously   B.PUBLIC HEARING ON proposed Development Impact Fee Report.      Mayor Dickey opened the Public Hearing. Mr. Miller stated that they have had their consultant before the Council with the proposed impact fees. Tonight was just to accept public comment. If there is none, they would close the public hearing and come back at a later time for action. He noted that this process was following the state law regarding impact fees. He said that their Finance Director was available if there should be any questions. There being no public input, Mayor Dickey closed the Public Hearing.   C.CONSIDERATION OF Contract 2020-11 with Continental Flooring Company for the purchase and installation of flooring in the Fountain Hills Library.       Facilities/Environmental Supervisor Raymond Rees reviewed the contract, noting that this was for carpeting at the Library that is in need of repair. The carpet tiles were glued down to a concrete subgrade and it is now starting to peel at the edges and causing a trip hazard. He said that there is a moisture problem in the concrete and after reviewing the drawings, they found there is no vapor barrier which is allowing the moisture to seep through. Mr. Rees said that the cost is approximately $127,000 to replace the carpet at the library and is going to take about three to four weeks to do the work. They will probably have to close the library and they are looking for alternative means for a smaller operation. He said that they are also having problems in some areas at the Community Center. They used a vapor barrier in the Community Center lobby, but not under the carpeted areas. Mr. Miller noted that the contract is for an aggregate additional amount of $242,000 for the carpet at the Community Center and at Town Hall, but that will not happen unless they get funds in the Facilities Replacement Fund. He said that the contract tonight is to approve the replacement at the Library, but they are including a Not to Exceed amount of $376,000 to do the other work if they have the funding. He said that they are getting a substantial discount this way. Councilmember Scharnow asked if it was the original carpeting in the Library. Mr. Rees said that they replaced it once before around 2009 or 2010. They replaced the carpet in the Museum in 2011. He said that the Library District staff would like to do it in April. Mr. Miller added that the Town is getting a great deal with the Library with just the annual maintenance since the staffing and benefits are covered through the Maricopa County Library District. Regular Meeting of December 17, 2019 5 of 12 Discussion was held on possibly using a different type of product. Mr. Miller noted that the problem is with the vapor barrier. Mr. Rees added that he believed they are going to use the best product to remedy the problem. He said that carpeting is best in libraries with the issue of noise. Mr. Miller also noted that the carpet tiles are very easy to pop out and replace when there is a stain, at a much lower cost than having to replace an entire section of carpeting. Councilmember Magazine asked if they were getting the price based on a competitive bid. Mr. Rees said that this is a cooperative purchasing agreement. It has been vetted by state agencies and they are dovetailing under that competitive bid process. Councilmember Magazine said that the public has to understand that the Town has an incredibly long list of infrastructure that is not being done; this is just the tip of the iceberg. Mr. Miller said that the cost of the vapor barrier itself is $40,000 so replacements in the future would not be at such a high cost and he was confident they would have a longer life. He said that this would also include some painting planned for the inside and the Friends of the Library are looking to subsidize some of that cost. Councilmember Magazine said that when infrastructure needs come before Council he will be asking the question of what is not being done. He said that he does not know what the priorities are right now. Mr. Miller said that was fair. He noted that the Council does spend quite a bit of time each year on the capital replacement fund so they can see the priorities. Councilmember Spelich asked if the vendor for the vapor barrier was different than the carpet vendor. Mr. Rees said that it was the same vendor. They do this type of work all over the valley.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow 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.  Vote: 6 - 1 Passed  NAY: Councilmember David Spelich   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       Mr. Wesley reviewed the request, stating that this was a current business that sells and installs after-market products for off-road vehicles and they would like to expand the business to include selling jeeps on the property. Within the C-2 zone, it would require a Special Use Permit. He said that they are proposing to put the vehicles under the canopy. They are not wanting to use the driveway on the west side, along Saguaro. They had proposed putting a chain across that entrance, but the Planning and Zoning Commission recommended approval with the condition that something more aesthetically pleasing be used to block the opening, other than a chain. Councilmember Spelich said that the Council had received some e-mails concerning the tanks in the ground, and asked what was going on with that issue. Mr. Wesley said that this location is a former service station and the tanks are still in the ground. The Arizona Department of Environmental Quality has been trying to work with the property owner to get them removed. He does not know if there are further issues related to the tanks, but that is an Regular Meeting of December 17, 2019 6 of 12 ADEQ issue. He said that staff has been in contact with ADEQ who told them that they are actively working to get any issues resolved. Mr. Wesley said that the applicant is present; he was not sure if the owner was. Mr. Gerald Lynn, the applicant, said that the tanks have to do with the owner; he just leases the property. Councilmember Scharnow asked if they would be lighting the canopy at night if that is where they were placing the vehicles as they would have to comply with the Dark Sky Ordinance. Mr. Lynn said that they would have to work that out with the owner; right now they do not plan to do so. Councilmember Magazine said that he would like to see them able to go into business there. He has some experience, as well as his wife, in working with the Environmental Protection Agency. He said that there is a LUST (Leaking Underground Storage Tanks) program which may provide assistance in removal of the tanks. He said that asking for the age of the tanks is irrelevant; they can be fine today and rusting out tomorrow. Until they can reconcile that issue he could not vote to approve this business. Mayor Dickey said that usually the State has a program to help mitigate issues when tanks are abandoned. They do know who the owner is, but there has not been a lot of success in working with them. Councilmember Tolis said that he has been listening to this discussion and for the 28 years he has been there, he has never heard the Town Council concerned with tanks at that property--now there is a change. He said that it is the owner's responsibility to make sure that he addresses the issues with the tanks. It is not in the Town Council's jurisdiction. He said that he is in favor of this request. He would like to see them be successful and the owner will have some revenues. Mayor Dickey said that she would feel a responsibility for letting a business start that might have to stop to allow time for the property owner to remedy the issue. Councilmember Magazine said that sometimes revenue is trumped by public health, safety and welfare. A lengthy discussion continued regarding what steps had been taken to reach the property owner and who staff spoke with at the ADEQ's office. Mayor Dickey said that she asked Mr. Arnson about a conditional Special Use Permit, and she believed everyone was okay with the proposed motion. John Juliano, Fountain Hills resident, addressed the Council regarding the fact that he previously had looked into this property and was told by the prior town manager that there was no way this would happen. He was told that he could not get a special use permit. He said that there are means to have the property cleaned up, but it will take months. He said that they should delay action until they have an opportunity to speak with the Attorney General's office. Mr. Miller clarified that Mr. Juliano had previously spoken with the prior Development Services Director regarding the property. Mike Manns addressed the Council, stating that he had previously rented the property for 12 years. They now have a five year lease with a five-year option. He personally knows the owner and knew his father and brother. If anyone has a chance to speak with the owner, it Regular Meeting of December 17, 2019 7 of 12 was him. He said that he will work on that issue, but one has nothing to do with the other; they are just trying to do business. Vice Mayor Leckrone noted that if they deny the application, the issue of the tanks remains. Mayor Dickey said that she was hoping that if they granted it on the condition of them resolving the issue with the state, then they were not saying no to the business. She said that if ADEQ has gone to the Attorney General's Office then there is something going on. She said that she has a level of responsibility as to financial risk, but also it could be a health issue and they do not know that yet. Councilmember Tolis said that he agreed with Vice Mayor Leckrone. They should let them move forward with the business and let the Attorney General's Office handle the other issue. He asked the gentleman leasing the property if the tanks had been used for the past 30 years. Mr. Manns replied that the last time they were used was approximately 13 years ago. The tanks have been certified after that, sealed up and drained and closed, to his knowledge. Councilmember Tolis said that they should allow them to move forward and allow the potential litigation to take its course. Councilmember Scharnow told Mr. Wesley he did not want to see a chain across the driveway. Mr. Wesley said that before they could begin operations they would have to put in a barrier; staff was thinking of something along the lines of potted plants. Councilmember Scharnow said that if they granted this application it would be a great opportunity to clean up the property. Mr. Wesley said that staff was proposing that the applicant have six months to get the rest of the site improvements done and if not, staff would come back to ask the Council to revoke the special use permit. Councilmember Magazine said that he heard that the tanks are empty and sealed and asked if that was correct. Mr. Wesley said that he does not know that for a fact; no one knows that for sure. If they were, he was not sure why ADEQ would want them removed. Councilmember Magazine said that they do not know if they have leaked. Mayor Dickey asked if there was a problem with having a six month period to do the improvements and work out issues with the state. Councilmember Brown said that it was not the Town Council's business. They are trying to bring businesses to town and then condemning them. Mayor Dickey said that the Council now has this knowledge and they have a responsibility. The fact that they have to come for a special use permit means they are asking for something out of the ordinary. It is proper for the Town Council to be having the discussions. Councilmember Tolis said that if the issue is really that they do not want them selling vehicles there they should be honest about it. He said that this is a similar situation to when Rex Foley wanted to bring in a car dealership and they had 101 reasons why it would not work. That business did not happen, and then six months later they came in and removed all of the restrictions on the property. Mayor Dickey said that was before her time on Council (as Mayor), but that was not the case at all. They did come in and change the zoning somewhat recently, but they have to take each request case by case. They just had a difference of opinion. Councilmember Magazine said that he resents being told that his real agenda is to not have a dealership. Vice Mayor Leckrone said that she understands the concern, but her concern is Regular Meeting of December 17, 2019 8 of 12 that the applicant has no control over the underlying issue. Whatever is going on underground, the owner is going to have to deal with it.    MOVED BY Councilmember Alan Magazine, SECONDED BY Mayor Ginny Dickey to approve the Special Use Permit 19-02 subject to approval by ADEQ of the underground tanks and compliance with the property improvements defined in the staff report.  Vote: 3 - 4 Failed  AYE: Mayor Ginny Dickey  Councilmember Alan Magazine  Councilmember David Spelich    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Art Tolis to approve Special Use Permit 19-02 subject to compliance with the property improvements defined in the staff report.  Vote: 4 - 3 Passed  NAY: Mayor Ginny Dickey  Councilmember Alan Magazine  Councilmember David Spelich   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.       Removed from the agenda.   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.       Mr. Miller stated that at the last Town Council meeting the Council designated May 2020 as the date for the special election and directed staff to bring back the appropriate resolution for consideration. Ms. Burke noted that within the notice, she had included the $100 fee for arguments, which is what has been charged in the past for such arguments. Councilmember Tolis said that he would like to hear from Jeremy Hall as he was not at the last meeting when this was discussed. Mr. Hall said that he was not informed that this item would be discussed until it was put on the agenda one day before the meeting. He said that he appreciated the fact they they want to move the saga along as quickly as they can, but he would prefer that they have the issue voted on at the first regular election. He has been working with the landowner and has secured an extension to get them through that along with the site plan approval. He said that he has heard an additional $35,000 to $50,000 for a special election, and it is unnecessary. Mayor Dickey said that the item today is to consider the resolution directed by the Council at Regular Meeting of December 17, 2019 9 of 12 the last meeting. Councilmember Tolis said that based on this new information and the fact that he has an extension, waiting an additional few months is not going to adversely affect the community. Mayor Dickey asked Mr. Arnson if it was proper to be discussing the election date. Mr. Arnson said that if the discussion is whether to call an election, the Council has to discuss it; it is within the purview of the item. Mayor Dickey said that her concern is that people came last time and spoke regarding the date of the election. Councilmember Magazine said that he was sorry he was not present at the last meeting, but aside from the savings of a special election, there are the additional costs of continuing public records requests for another two months, which at least plays a part in added expenses.    MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Mike Scharnow to adopt Resolution 2019-59.  Vote: 6 - 1 Passed  NAY: Councilmember Dennis Brown   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.       Mayor Dickey said that due to the issue being considered, she was recusing herself from discussion. Vice Mayor Leckrone briefly reviewed the item and asked what the discussion was when they first made the decision to have direct election of Mayor. Mr. Arnson said that it is his opinion, and that of the League, that by default Arizona Revised Statutes has a two-year term if it is not specifically addressed. Ms. Burke noted that the resolution that originally called for the change, and placement on the ballot for a vote, referred to a two-year term, but the ballot language itself did not address the term length. Councilmenber Tolis said that a lot of the communities that have four-year terms also have a salary. He felt that a two-year term is an appropriate time for mayors. When someone runs for Mayor, they have to set their agenda; they have to have a vision. They also have to work with existing Council members that have been seated already. In the past they have had a recall of a mayor and he could see that happening again. Councilmember Spelich said that he thought that two years was a good bottom line, but they were looking for permission to put this on the ballot to let the residents decide. If it is going to be a four-year term he would like to discuss term limits with how long they can stay in office, and let the residents decide that as well. Councilmember Tolis said that at the last meeting he suggested putting a question on the ballot to bond for the purchase of the Daybreak property, and he was told they could not submit that question to the voters. Mr. Arnson explained that in a general law city/town, they only have limited referral of questions. They have the powers granted by the State. There is no authority to place such a question, but the statutes do require a vote of the voters to approve direct election of mayor and they believed that would include increasing the length of term of mayor. Regular Meeting of December 17, 2019 10 of 12 Councilmember Brown asked why they were even discussing this issue. Councilmember Magazine said he had recently mentioned to the Town Manager that he would like to see them consider a longer term for mayor, and there may have been others that had the same interest. Councilmember Scharnow said that he could make pro/con arguments on both sides, but he was interested in discussing it as well. He is in favor of at least letting the voters decide. He said that if there was any concern that packets had already been pulled for the 2020 election, they could always make it effective in 2022. Councilmember Tolis noted that Scottsdale has four-year terms with a three term limit. Mr. Arnson said that the issue of term limits was recently decided in the Maricopa County Superior Court after a case involving Carefree. the court found that term limits were outside the scope of authority, so this past year the Legislature adopted a new statute that allows a majority of voters by initiative in general law cities/towns to decide if they want term limits.    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember David Spelich to adopt Resolution 2019-59.    Councilmember Scharnow asked if that motion included that it become effective in 2020 or 2022. Councilmember Magazine said that he believed that the 2022 date was suggested was because packets have already been taken out for the 2020 election, but it was his understanding that only one packet had been taken out to date for mayor and that was by Mayor Dickey. Ms. Burke confirmed that was correct.    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember David Spelich to withdraw his prior motion and restate his motion to place Ordinance 19-19 on the ballot in May, effective with the August primary results (those taking office in December 2020).  Vote: 6 - 0 Passed   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.    None   9.ADJOURNMENT    Mayor Dickey thanked everyone, stating that they have had challenges this year, but have also had a lot of uplifting moments. She wished everyone a safe and loving holiday season.    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine to adjourn.  Vote: 7 - 0 Passed - Unanimously     Regular Meeting of December 17, 2019 11 of 12   The Regular Meeting of the Fountain Hills Town Council held December 17, 2019, adjourned at 7:49 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 Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 17th day of December, 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of January, 2020. ______________________________________ Elizabeth A. Burke, Town Clerk Regular Meeting of December 17, 2019 12 of 12 ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 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 March 6, 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 a $25 fee.  Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for its review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. 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.  MOVE to approve a Special Event Liquor License for Senior Services, Inc.  Attachments SSI liquor app  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/23/2019 03:53 PM Town Attorney Aaron D. Arnson 12/23/2019 07:22 PM Town Manager Grady E. Miller 12/23/2019 08:53 PM Form Started By: Jennifer Lyons Started On: 12/04/2019 01:48 PM Final Approval Date: 12/23/2019  ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 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 Benevolent Order of Elks Lodge #2846 for the purpose of a fundraiser to be held on February 2, 2020. Staff Summary (Background) The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Steven Peterson representing the Fountain Hills Benevolent Order of Elks Lodge 2846 for submission to the Arizona Department of Liquor. This special event liquor license is being obtained for the purpose of holding a Super Bowl Party to support the Homeless Veterans Fund. 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 G:\Special Events\Liquor Apps\2020  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/10/2019 03:20 PM Town Attorney Aaron D. Arnson 12/11/2019 06:51 AM Town Manager Grady E. Miller 12/23/2019 08:39 PM Form Started By: Linda Ayres Started On: 12/10/2019 06:50 AM Final Approval Date: 12/23/2019  ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 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 Elks Lodge #2846 for a beer garden in conjunction with the Great Fair on Feb 22-23, 2020. Staff Summary (Background) The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Steven Peterson representing the Fountain Hills Elks Lodge #2846 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 on February 22-23, 2020. 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 G:\Special Events\Liquor Apps\2020\LiqApp-Great Fair_FEB_2020  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/10/2019 03:20 PM Town Attorney Aaron D. Arnson 12/11/2019 06:51 AM Town Manager Grady E. Miller 12/23/2019 08:36 PM Form Started By: Linda Ayres Started On: 12/10/2019 01:27 PM Final Approval Date: 12/23/2019  ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING AND CONSIDERATION OF  a request for a Special Use Permit to allow an 11.25-foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District Case # SU2019-04 Staff Summary (Background) Due to continued damage from wayward golf balls to the subject home, which abuts the 12th fairway of the Eagle Mountain Golf Club, the property owner is seeking approval for the installation of a golf ball fence.  Per the applicant and property owner, the home receives “approximately 400 golf balls” annually on their property which often causes property damage (see attached letter from the application dated July 19, 2019). The property owner is concerned about the golf balls causing bodily harm while he and/or guests are in the rear yard pool and patio areas. The proposed fence will consist of six 9-foot tall steel tubes painted the same color as the exterior house walls, installed just inside the rear property line (please refer to the attached site plan). These steel tubes with their buried footers serve as a support frame for steel cables that will run between each tube and the roof of the house, The point where they attach to the house is approximately 11.25 feet above grade. Black golf ball netting will be attached over top of the cables and along the back side of the frame. The property is located approximately 280 feet from the forward tee box (see attached aerial showing this measurement).   Zoning Ordinance Section 5.09 A.1 lists the criteria for a Special Use Permit for a golf ball fence as follows, with staff’s response in italics:  “Golf ball fences may only be developed on lots that directly abut a golf course or driving range, however, they may not be developed within any front or street-side yard setback. 1. The applicant’s property abuts the golf course which is north of the property. The fence would not lie within the front yard setback on the property. (It is not a corner lot, so there is not “street-side yard setback.)  “Golf ball fences should only be developed within Six-Hundred (600) feet of the forward-most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances.” 1.   The proposed fence is approximately 280 feet from the forward-most golf course tee box.  “Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner.” 1.   The side yard setback in this zoning district is seven feet. The proposed golf ball fence is 11.25 feet high and is set back 27 feet from the eastern side property line and 32 feet from the western side property line. The support frame is propose to be about 1 foot inside the wrought iron fence located on the rear property line, and thus will enclose a large portion of the rear yard setback area. However, the rear property line abuts the golf course and not a residential property. “The maximum height of a golf ball fence shall not exceed twenty-five (25) feet.”1.   The proposed maximum height of the golf ball fence is 11.25 feet, which is the height where it connects to the house. The framing along the rear property line is 9 feet in height.  “Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black.” 1.   The golf ball fence would be located behind the house, immediately adjacent to the 12th fairway and the golf cart trail. There is some existing vegetation on both the subject and adjacent properties to each side and the applicant is proposing the poles match the color of the house walls. The netting is black. “Landscaping should be used where appropriate to obscure the poles from the neighboring properties.”  There is existing landscaping between this property and both property owners to each side that staff believes is sufficient for screening. The property immediately abuts the 12 th green, and in fact the golf cart trail is within about 10-feet from the subject property. The proposed support structures are to be installed about one foot inside the fence that runs on the rear property line. There is no room for vegetation to be planted between the proposed netting and supports and the rear property line. However, staff believes that the golf net will be not be visually unappealing (please see attached photo from the golf course looking at the rear of the subject property). 1. The cost to the homeowner will continue to grow if no fencing is allowed. In addition, the potential for bodily harm will remain without the fence.   The proposed fence will provide significant protection to the applicant’s home and inhabitants. The view for the two neighbors abutting the subject property will be minimal. The net will be visible from the golf course, but it will be behind the existing wrought iron fence and will not create significant visual impacts.   Related Ordinance, Policy or Guiding Principle Fountain Hills Zoning Ordinance: Chapter 2, Section 2.02 – Special Use Permits Chapter 5, Section 5.09 A.1 - Walls and Fences Risk Analysis The property owners are experiencing damage to their property and potential bodily harm due The property owners are experiencing damage to their property and potential bodily harm due to golf balls that are hit into their property.  Approval of the requested Special Use Permit will allow them to install a net which will prevent this from happening in the future.  The requested SUP meets all the ordinance requirements. If the SUP is not approved the property owner would not be able to install the net and will have to continue experiencing the current situation unless they can find alternative solution.   Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission held a public hearing and discussed this application at their December 12, 2019, meeting.  There were no neighbors who attended the meeting.  The Commission members recognized the need for the net to protect the home and residents.  The Commission recommends approval of the request. Staff Recommendation(s) Staff found that the request is in conformance with all ordinance requirements.  Staff recommends the Town Council hold a public hearing and approve this Special Use Permit. SUGGESTED MOTION MOVE to hold a Public Hearing and approve the Special Use Permit for the installation of the golf net for 9045 N. Crimson Canyon as requested. Attachments Vicinity Map  Construction Details  Approval Letter  Distance from Tee Box  Presentation  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 12/17/2019 09:36 AM Town Attorney Aaron D. Arnson 12/23/2019 07:22 PM Town Manager Grady E. Miller 12/23/2019 08:48 PM Form Started By: John Wesley Started On: 12/17/2019 09:10 AM Final Approval Date: 12/23/2019  CASE: SU2019-04 SITE / ADDRESS: 9045 N. Crimson Canyon APN #271-30-827 REQUEST: Special Use Permit to install a golf fence to protect the residence from errant golf balls. Additionally, this request is also seeking to include a horizontal netting component to the proposal. The applicant is requesting to anchor the proposed netting to an already existing structure, which was built without a permit and regardless of permit decision, will require a building permit. Property 20'-0" B.S.L.7 ' - 0 " B . S . L .20'-0" B.S.L.7 ' - 0 " B . S . L .8'-0" P.U.E.S46°16'52"W 120'-0"120'-0"S46°16'52"W 1 3 1 ' - 0 " S 4 3 ° 4 3 ' 0 8 " E N 4 3 ° 4 3 ' 0 8 "W 1 3 1 ' - 0 " NO R T H C R IM SO N C A N YO N EXISTING RESIDENCE EXISTING GOLF COURSE EXISTING ORNAMENTAL IRON FENCE EXISTING SITE WALL EXISTING BBQ ISLAND EXISTING POOL EXISTING SPA EXISTING CONCRETE DECK EXISTING CONCRETE PATIO EXISTING POOL EQUIPMENT EXISTING SITE WALL EXISTING CONCRETE WALK EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING SITE WALL EXISTING SITE WALL EXISTING DRIVEWAY EXISTING CONCRETE SIDEWALK EXISTING CONCRETE CURB AND GUTTER 15 A1.02 111419 19-054 AS NOTED Scale Date Project A1.01 Sheet OLLABORATIVE 723 EAST DIAMOND DRIVE TEMPE, ARIZONA 85283 EAM RCHITECTURAL C T A A LIMITED LIABILITY COMPANY PH. 480-897-6411NEW GOLF BALL NET STRUCTURE FOR9045 NORTH CRIMSON CANYONMICHAEL AND DEBRA RAHMFOUNTAIN HILLS, ARIZONA 85268DateNo. Revision/Issue THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS. SHOULD IT APPEAR THAT ANY WORK COVERED BY THE CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC PRIOR TO PROCEEDING WITH ANY WORK. 1" = 10'-0" OVERALL EXISTING SITE PLAN12 NORTH PLAN NORTH EXPIRES 06/30/2021111419PROPERTY INFORMATION PARCEL NUMBER:217-30-827 PROPERTY ADDRESS:9045 NORTH CRINSON CANYON DRIVE FOUNTAIN HILLS, ARIZONA 85268 SECTION TOWNSHIP RANGE: 29 3N 6E LEGAL DESCRIPTION EAGLE MOUNTAIN PARCEL 4 MCR 460-28 PARCEL SIZE 15,720 SQ. FT. (.36 ACRES) ZONING:R1-8A LOT #3 HIGH SCHOOL DISTRICT FOUNTAIN HILLS UNIFIED #98 ELEMENTARY SCHOOL DISTRICT FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT LOCAL JURISDICTION FOUNTAIN HILLS OWNER INFORMATION MICHAEL AND DEBRA RAHM 9045 NORTH CRIMSON CANYON DRIVE FOUNTAIN HILLS, ARIZONA 85268 ADOPTED CODES 2018 INTERNATIONAL BUILDING CODE (IBC) 2017 NATIONAL ELECTRICAL CODE (NEC) 2018 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 2018 INTERNATIONAL FIRE CODE (IFC) 2018 INTERNATIONAL FUEL GAS CODE (IFGC) 2018 INTERNATIONAL MECHANICAL CODE (IMC) 2018 INTERNATIONAL PLUMBING CODE (IPC) 2018 INTERNATIONAL RESIDENTIAL CODE (IRC) WITH APPENDIX G 2018 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1997 UNIFORM ADMINISTRATIVE CODE (AMENDED TO ADOPT IN PART ONLY, SECTION 304 AND THE REFERENCED TABLES 3-A THRU 3-H FOR THE PURPOSE OF DETERMINING FEES) 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS THE MARICOPA ASSOCIATION OF GOVERNMENTS (MAG) STANDARD SPECIFICATIONS AND UNIFORM DETAILS FOR PUBLIC WORKS CONSTRUCTION PLEASE REFER TO THE ADOPTING ORDINANCE FOR SPECIFIC DETAILS, ADDITIONS, DELETIONS AND AMENDMENTS. VICINITY MAP NORTH PROJECT LOCATION A1.01 COVER SHEET, OVERALL SITE PLAN A1.02 PARTIAL SITE PLAN A1.03 EXTERIOR ELEVATION, SECTION SHEET INDEX PROJECT DESCRIPTION THE PROJECT CONSISTS OF THE ADDITION OF A NEW GOLF BALL NETTING SYSTEM IN THE BACK YARD OF THE RESIDENCE AT 9045 NORTH CRIMSON CANYON DRIVE, FOUNTAIN HILLS, ARIZONA, 85268. THE NEW GOLF BALL NETTING FRAMING WILL BE STEEL COLUMNS AT THE NORTHEAST PROPERTY LINE OF THE RESIDENCE. THE NEW GOLF BALL NETTING BE ATTACHED TO THE NEW STEEL FRAMING AND TO THE EXISTING RESIDENCE WITH A CABLE SYSTEM. THE NEW GOLF BALL NETTING WILL GO OVER THE EXISTING POOL, SPA, AND EXTERIOR PATIO. THE NEW GOLF BALL NETTING FRAMING SYSTEM WILL BE PAINTED TO MATCH THE EXISTING RESIDENCE SO THAT THE NEW GOLF BALL NETTING FRAMING WILL BLEND IN WITH THE EXISTING SURROUNDING BACKGROUND. EXISTING RESIDENCE EXISTING POOL EQUIPMENT EXISTING POOL EXISTING SPA EXISTING CONCRETE DECK EXISTING CONCRETE PATIO EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING CONCRETE WALK EXISTING CONCRETE PATIO EXISTING BBQ ISLAND EXISTING SITE WALL EXISTING SITE WALL EXISTING SITE WALL EXISTING GOLF COURSE 131'-0" S43°43'08"E EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA EXISTING LANDSCAPE AREA 12'-3"11'-0"29'-6"18'-10 34"27'-6"12'-3"12'-6"12'-0"10'-6" NEW "ALUMAWOOD" SHADE STRUCTURE ABOVE EXISTING BBQ ISLAND AND BELOW NEW GOLF BALL NETTING NEW STEEL GOLF BALL NETTING FRAMING STRUCTURE. SIX, (6) HSS 4"x4"x14" TUBE STEEL COLUMNS, fy=50 ksi. ALL STEEL TO BE PAINTED THE SAME COLOR AS THE EXISTING RESIDENCE. NEW 3 8" DIA. 270 k PRESESSING STRAND GOLF BALL NETTING CABLE TO BE BETWEEN THE NEW STEEL GOLF BALL NETTING FRAMING AND THE EXISTING RESIDENCE. NEW GOLF BALL NETTING MATERIAL. COLOR OF NETTING TO BE BLACK. NEW 12" DIAMETER EYE BOLTS THROUGH THE EXISTING WOOD FRAMING FRAMING SYSTEM, (WOOD BEAM AT EXTERIOR PATIO OR WOOD HEADER ABOVE EXTERIOR GLAZING SYSTEM, AND FIXED WITH 2" SQUARE, 316" THICK STEEL PLATE ACTING AS A WASHER. TYPICAL AT EACH GOLF BALL NETTING CABLE TO EXISTING RESIDENCE CONNECTION. 111419 19-054 AS NOTED Scale Date Project A1.02 Sheet OLLABORATIVE 723 EAST DIAMOND DRIVE TEMPE, ARIZONA 85283 EAM RCHITECTURAL C T A A LIMITED LIABILITY COMPANY PH. 480-897-6411NEW GOLF BALL NET STRUCTURE FOR9045 NORTH CRIMSON CANYONMICHAEL AND DEBRA RAHMFOUNTAIN HILLS, ARIZONA 85268DateNo. Revision/Issue THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS. SHOULD IT APPEAR THAT ANY WORK COVERED BY THE CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC PRIOR TO PROCEEDING WITH ANY WORK. 1/4" = 1'-0" PARTIAL SITE PLAN15 NORTH PLAN NORTH EXPIRES 06/30/2021111419 9'-0"EXISTING RESIDENCE NEW 3 8" DIA. 270 k PRESESSING STRAND GOLF BALL NETTING CABLE TO BE BETWEEN THE NEW STEEL GOLF BALL NETTING FRAMING AND THE EXISTING RESIDENCE. NEW GOLF BALL NETTING MATERIAL. COLOR OF NETTING TO BE BLACK. NEW STEEL GOLF BALL NETTING FRAMING STRUCTURE. SIX, (6) HSS 4"x4"x14" TUBE STEEL COLUMNS, fy=50 ksi. ALL STEEL TO BE PAINTED THE SAME COLOR AS THE EXISTING RESIDENCE. NEW CONCRETE FOOTING TO SUPPORT NEW STEEL GOLF BALL NETTING FRAMING STRUCTURE. CONCRETE FOOTING TO BE 24"x24"x36". TOP OF EXISTING RETAILING WALL BETWEEN EXISTING RESIDENCE AND EXISTING GOLF COURSE. EXISTING GRADE LINE AT EXISTING GOLF COURSE.9'-0"EXISTING GRADE LINE AT EXISTING GOLF COURSE. TOP OF EXISTING RETAILING WALL BETWEEN EXISTING RESIDENCE AND EXISTING GOLF COURSE. EXISTING RESIDENCE NEW 12" DIAMETER EYE BOLTS THROUGH THE EXISTING WOOD FRAMING FRAMING SYSTEM, (WOOD BEAM AT EXTERIOR PATIO OR WOOD HEADER ABOVE EXTERIOR GLAZING SYSTEM, AND FIXED WITH 2" SQUARE, 316" THICK STEEL PLATE ACTING AS A WASHER. NEW 3 8" DIA. 270 k PRESESSING STRAND GOLF BALL NETTING CABLE TO BE BETWEEN THE NEW STEEL GOLF BALL NETTING FRAMING AND THE EXISTING RESIDENCE. NEW STEEL GOLF BALL NETTING FRAMING STRUCTURE. SIX, (6) HSS 4"x4"x14" TUBE STEEL COLUMNS, fy=50 ksi. ALL STEEL TO BE PAINTED THE SAME COLOR AS THE EXISTING RESIDENCE. NEW CONCRETE FOOTING TO SUPPORT NEW STEEL GOLF BALL NETTING FRAMING STRUCTURE. CONCRETE FOOTING TO BE 24"x24"x36". 111419 19-054 AS NOTED Scale Date Project A1.03 Sheet OLLABORATIVE 723 EAST DIAMOND DRIVE TEMPE, ARIZONA 85283 EAM RCHITECTURAL C T A A LIMITED LIABILITY COMPANY PH. 480-897-6411NEW GOLF BALL NET STRUCTURE FOR9045 NORTH CRIMSON CANYONMICHAEL AND DEBRA RAHMFOUNTAIN HILLS, ARIZONA 85268DateNo. Revision/Issue THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS. SHOULD IT APPEAR THAT ANY WORK COVERED BY THE CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC PRIOR TO PROCEEDING WITH ANY WORK. 1/4" = 1'-0"VIEW FROM GOLF COURSE EXTERIOR ELEVATION14 EXPIRES 06/30/2021111419 1/4" = 1'-0" SECTION8 420.4' Maricopa County GIO, Maricopa County O 8/11/2019 6:52:46 PM Rahm Residence www.fh.az.gov Town of Fountain HillsStaff Presentation SUP 2019-04 Rahm Golf Net 9045 N Crimson Canyon www.fh.az.gov Location Map www.fh.az.gov Project Info: 1.Home is along a golf course; 2.Golf balls end up in yard, cause damage; 3.Applicant plans to plans to install a golf net to protect the property; 4.Section 5.09 of the Zoning Ordinance establishes criteria for consideration of approving a SUP for these types of nets; 5.Applicant meets all of the criteria. www.fh.az.gov Site Plan www.fh.az.gov Elevations www.fh.az.gov Staff Recommendations: Staff recommends approval of the Special Use Permit to install the golf net as requested. ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Approving a Cooperative Purchasing Agreement with General Acrylics (Contract No. 2020-051) to Design and Install One Basketball Court at Four Peaks Park. Staff Summary (Background) General Acrylics has been selected as the contractor for the Four Peaks basketball court construction and installation. Selecting the vendor through the Mojave Cooperative Agreement will help facilitate the narrow completion window required by the grant timeline.   Staff utilized General Acrylics for the Four Peaks and Golden Eagle tennis court reconstruction and replacement in 2016 and is familiar with their staff and the quality of their work.     The funding for this contract has been budgeted and allocated, with approximately 50% (up to $85,000) to be reimbursed by the Arizona Sports and Tourism Authority grant.  Related Ordinance, Policy or Guiding Principle NA Risk Analysis None Recommendation(s) by Board(s) or Commission(s) NA Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to Approve the Cooperative Purchasing Agreement with General Acrylics, Contract No. 2020-051, MOVE to Approve the Cooperative Purchasing Agreement with General Acrylics, Contract No. 2020-051, in the amount of $170,000. Attachments CPA General Acrylics, Inc - Contract No. 2020-051  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/23/2019 03:53 PM Town Attorney Aaron D. Arnson 12/23/2019 07:23 PM Town Manager Grady E. Miller 12/23/2019 09:00 PM Form Started By: Jamie Salentine Started On: 12/12/2019 01:40 PM Final Approval Date: 12/23/2019  1 Contract No. 2020-051 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND GENERAL ACRYLICS, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of January 7, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and General Acrylics, Inc., an Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, Mohave Educational Services Cooperative (“Mohave”) entered into Contract No. 15O-GAI3-0201, effective February 1, 2016, as amended (collectively, the “Mohave Contract”) for the Contractor to provide design and installation of tennis and related sports courts. A copy of the Mohave Contract is incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Mohave Contract, at its discretion and with the agreement of the awarded Contractor, and the Mohave 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 their cooperative contractual relationship under the Mohave Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with design and installation of one basketball court at Four Peaks Park (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. 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 February 1, 2020, or if the Mohave Contract is extended, until February 1, 2021 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the Mohave Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to one successive one-year term (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Mohave 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 2 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 Mohave 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 Materials and Services under the terms and conditions of the Mohave Contract and as more particularly set forth in the Contractor Proposal attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the Mohave Contract 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 Materials or Services, 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 or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Term and for each subsequent Term, if any, an aggregate amount not to exceed $170,000.00 for the Materials and Services at the rates agreed upon by the Parties. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Mohave Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Mohave 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 3 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 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 th e 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. 4 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, any Town-approved work orders, the Mohave Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the Mohave 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 work order or 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 Mohave Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed 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 Mohave Contract, the Town shall be afforded all of the rights and privileges afforded to Mohave and shall be “Mohave” (as defined in the Mohave Contract) for the purposes of the portions of the Mohave 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 Mohave to the extent provided under the Mohave 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 or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the 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 5 4711 E. Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: General Acrylics, Inc. 22222 North 22nd Avenue Phoenix, Arizona 85027 Attn: Justin Fudge 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 ________________, 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. ____________________________ Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND GENERAL ACRYLICS, INC. [Mohave Contract] ~~1 MOHAVE C OOPERATIVE 15O-GAl3-0301 General Acrylics, Inc. Award, Extension, and Amendment Documents 1 SQ ..... GAl3 .... Q301 Award Letter. ... + .. •-•t4+-••·,.4 .4 ••+~•h·••+P 4 ·••-+••·4·4••+••-4 ,.4 ............ 4 ............ 4 .......... ... .............. ....... 2 15O-GAI3-0301 Offer and Acceptance Form...................................................................... 5 150-1106 Signed Award Recommendation...................................................................... 6 150-1106 Evaluator Agreements .. . .. . . .. .. . .. .. .. .. . . . . . . . . . . . . . . .. .. . . . . . .. . . . . . . . .. .. . . . . . .. .. .. . . . .. .. .. . . . . . .. .. . 8 150-G.AJ3-0301 Federal and State Excluded Parties Documents...................................... 11 15O-GA 13-0301 Contract Extension Documents............................................................... 14 15O-GAl3-0301 Contract Amendments............................................................................. 24 Click section title to be taken directly to that section. 4/5/1 B EH 625 East Beale Street, Kingman, AZ. 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org NOTES ON AWARD FOR: General Acrylics, Inc. • In order to assist members with new contract award notices, Mohave will be releasing your contract award information to the members prior to February 1, 2016. Information regarding your contract award will be posted to our webslte and will be made avatlable in our product vendor finder. Pricing from your awarded contract will also be made available to our members. All of this information will be accessible by our members before February 1, 2016. You may provide quotes to members for this contract. However, it will be your responsibility to infom, members the contract is not effective until February 1, 2016, and members should not be processing purchase orders until that date. Acting on purchase orders (delivering products or services) prior to February 1, 2016 is a violation of the contract. Please ensure that your staff is aware of the effective date February 1, 2016, in order to avoid contract confusion. • We feature marketing information about your current contract in the product vendor finder on our website. Please visit our website (www.mesc.org) and go to the "All Products/Vendors" under the "Contracts & Sollcitations" menu. Find your company from the list and click on your name. Once on your company information, review the "About Vendor" section of the "Overview." Confirm in writing if that information is still accurate, or if changes need to be made. Mohave reserves the right to edit information for content or length. Email this information to michael@mesc.org no later than December 18, 2015. • Your bld included a copy of your firm's Certificate of Membership for ASBA. The certificate is dated December 5, 2004. It is unclear if the membership is still current. Provide confirmation that General Acrylics, Inc. ASBA is currently active. Email this information to michael@mesc.org no later than December 18, 2015, • Your pricing workbook titled, 11 150 tennis and sports courts.xlsx" included the following that requires revision or clarification: o It appears some products are sold in multi-gallon measurements. These are noted as, "l GAL" in the column titled, "Unit'' in the worksheet, and include a container size in the product's description. The pricing provided appears to be the per gallon pricing for these products but is unclear this is the correct pricing methodology. Provide your confirmation that these products are sold in multi-gallon containers or measurement, and are priced per gallon. To clarify the correct application of pricing, revise the unit pricing for these items to "Per GAL" Provide a revised workbook In your response. Email this information to michael@mesc.org no later than December 18, 2015. o Your price for New Concrete Slab (Zone Four) for 14,401 -36,000 SF is $3.60 (line #54). Provide confirmation that the pricing for this product is correct. If not, provide the correct price in a revised workbook. Email this information to michael@mesc.org no later than December 18, 2015. • Your response to the Bond Methodology Description in Tab 3c included the statement, "bonds will be applied to projects that meet or exceed $50,000 in value." It appears that the value of $50,000 in the statement ls from an expired bonding requirement. The current threshold for members using the amount established by ARS §15-213 that requires procuring performance and payments bonds is $100,000. Provide clarification if all projects that meet or exceed $50,000 as stated will have bonds applied at the rates indicated in your bid . If not, provide your understanding that any applicable payment and performance bonds shall be provided as outlined in the terms and conditions of IFB 150-1106. Email this information to michael@mesc.org no later than December 18, 2015. • Your current contract 10K-GAI3-0131 used a formula for calculating bonds in the attached workbook titled, "GAI3 Bond Calculation Tool.xlsx". Confirm if this calculation workbook will be used under your new contract 15O-GAI3·0201. Review the formulas in the workbook to determine if the bonding methodology is consistent with your 15O-GAIJ- 0201 contract pricing. Provide a revised workbook that includes any corrections. Email this information to michael@mesc.org no later than December 18, 2015, :-;oh,!'-e; ::c,.c:<1on,il Se,· /.ccs Coor-;r;1-,:'.1'.•C ,ic 6~[) ~: ~c.!IC 5: • <.ngr'·,,!'l. ,\.~. 8{J•:o • q:3--/:)3-69~~~). \"/'.\'::1rc~co1g Search Results Current Search Terms: general* acrylics* Notice: This printed document represents only the nrst page of your SAM search results. More results may be available. To nrlnt vnur mmDlete se.an:h results vou can download the PDF and D<lnt It ~o records found for current search. SAM I Sv,t.m for Awanl Ma11a1omelll 1,0 Glossary ~ B.fflllts Entity Exclusion ~ .Elltm By Record Status By Functional Area· Entity Management By Functional Area • Performance Information Note tD all Usen: This Is a Federal Government mmputer system. Use of this system constitutes consent ID monitoring at all times. IBM v1.P.38.-8·1122 II IIL 1JSA:g2:1.., ~~1 MOHAVE COO PER A TIVE 15O-GAl3-0301 Contract Extensions 625 East Beale Street, K ngman, AZ. 86401 Phone : (928) 753-6945 Fax. (928) 718-3232 mesc.org Modification of Contract (Contract Extension) Vendor Benefits Description (Page 3 of 3) Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Since 1987, General Acrylics, Inc. has become the leading tennis sports courts contractor in Arizona and the entire Southwest region. Our motto "See the Difference" signifies our mmmitment to providing reliable products and quality installations, performed with integrity and to the customer's satisfaction. Jonnie Deremo has always ensured that General Acrylics is a leader in the sports ronstruction industry by continuing to developing Innovative products, applications and construction methods. Followlng these goals, principles and providing industry leadership has made General Aoylics the most sought after contractor In our field of construction General Aaylics, Inc. has always operated under the philosophy of providing our customers the best products and service with a fair price. We feel that we can provide customers in our area with better service than our competltlon because of our location, mmpany size and our mmpany goals. Tennis and sports courts are our business, not just a sideline. Since 1987, we have seen fifteen or more tennis and sports murts contractors come and go. The price that our customers pay for our services is justified by the quality of the completed project, the service they receive, and the comfort of knowing that, if there is a problem, we will still be here to honor our warranty. Based on these principles, this guarantees "added value". If you wish to revise or update the vendors benefits information we have on file, keep the following requirements In mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brlef overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. If you have any questions, contact your Contract Specialist either via email at michael@mesc.org or phone 928·718·3222. Extension of Contract (Page 3 of 3) Vendor Benefits Description (continued) Since 1987, General Acrylics, Inc. has become the leading tennis sports courts contractor in Arizona and the entire Southwest region . Our motto "See the Difference" signifies our commitment to providing reliable products and quality installations, performed with integrity and to the customer's satisfaction. Jonnie Deremo has always ensured that General Acrylics is a leader in the sports construction industry by continuing to developing Innovative products, applications and construction methods. Following these goals, principles and providing industry leadership has made General Acrylics the most sought after contractor in our field of construction General Acrylics, Inc. has always operated under the philosophy of providing our customers the best products and service with a fair price. We feel that we can provide customers in our area with better service than our competition because of our location, company size and our company goals. Tennis and sports courts are our business, not just a sideline. Since 1987, we have seen fifteen or more tennis and sports courts contractors come and go. The price that our customers pay for our services is justified by the quality of the completed project, the service they receive, and the comfort of knowing that, if there is a problem, we will still be here to honor our warranty. Based on these principles, this guarantees "added value". If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: ·The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. lf you have any questions, contact your Contrad Specialist either via emall at michael@mesc.org or phone 928-718-3222. Extension of Contract (Page 3 of3) Vendor Benefits Description (continued) Since 1987, General Acrylics, Inc. has become the leading tennis sports courts contractor in Arizona and the entire Southwest region. Our motto "See the Difference" signifies our oommitment to providing reliable products and quality installations, perfonned with Integrity and to the customer's satisfaction. Jonnie Deremo has always ensured that General Acrylics is a leader In the sports construction indusby by continuing to developing innovative products, applications and construction methods. Following these goals, principles and providing industry leadership has made General Acrylics the most sought after contractor in our field of construction General AayUcs, Inc. has always operated under the philosophy of providing our customers the best products and service with a fair price. We feel that we can provide customers In our area with better service than our competition because of our location, company size and our company goals. Tennis and sports courts are our business, not just a sideline. Since 1987, we have seen fifteen or more tennis and sports courts contractors come and go. The price that our customers pay for our services Is justified by the quality of the completed project, the service they receive, and the comfort of knowing that, if there is a problem, we will still be here to honor our warranty. Based on these principles, this guarantees ••added value". If you wish to revise or update the vendors benefits lnfonnation we have on file, keep the following requirements in mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for Information revisions or additional information to contract:s@mesc.org or 928-718-3232, If you have any questions, contact your Contract Specialist either via email at michael@mesc.org or phone 928-718-3222. ~I MOHAVE C OOPERATIVE 15O-GAl3-0301 Contract Amendments 625 East Beale Street, Kingman, AZ. 86401 Phone: (928) 753-6945 Fax : (928) 718-3232 mesc org EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND GENERAL ACRYLICS, INC. [Contractor’s Proposal] (602) 569-9377 • Fax (623) 298-1310 • Toll Free (800) 436-2279 22222 N 22nd Avenue • Phoenix, AZ 85027 www.generalacrylics.com AZ Contractors # ROC077085/ ROC034868 • NV Contractors # 0059476 • NM Contractors # 30964 • UT Contractors # 7406753-5501 December 16, 2019 Attn: Kevin Snipes Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ. 85268 FOUR PEAKS PARK Per your request, General Acrylics, Inc. respectfully submits the following Estimate to supply all materials, equipment and labor to perform the following work per Mohave Educational Services contract #150 -GAI3-0201 GENERAL: • General Acrylics to provide temporary construction fencing for the entire scope of work. • With the help of Town of Fountain Hills, General Acrylics will obtain the necessary dust and construction permit. o Permit cost are not included in this bid. • General Acrylics to provide engineered Post-Tension drawings reflecting the recommended court dimensions of 60’ x 94’ with the fence incorporated in the slab. • Town of Fountain Hills to perform all fencing demo and modification for “left field”. • All pricing is based on unobstructed access to the courts. SCOPE: • Clear and grub the construction area of approx. 70’ x 104’. • Cut sub-grade (60’ x 94’) on proper slope and compact. Spoils to be legally disposed of. Backfill after slab is constructed. o The overall cross section of ABC and PT slab is 9”, a 2” reveal will be left on the slab. • Provide and grade 4” of ABC at .83% slope and compact. • Form courts and Install post-tension cabling spacing per P.T. layout on centers in both directions. o Cables to be ½”, plastic sheathed, conforming to ASTM A-416, with an ultimate strength of 270 K.S.I. • Provide & Install (3) First Team Brute Max basketball goals in concrete footings. o Two (2) hoops on either end for full court basketball and one (1) centered on the baseball field side of the court. • Construct (1) 60’ x 94’ Post Tensioned concrete slab. o 5” thick o 8” x 12” turndown edge o 3,000 PSI concrete o Light broom finish o No curing compounds applied o All concrete to be pumped so as not to drive over cabling • Allow 28 days before coating. (602) 569-9377 • Fax (623) 298-1310 • Toll Free (800) 436-2279 22222 N 22nd Avenue • Phoenix, AZ 85027 www.generalacrylics.com AZ Contractors # ROC077085/ ROC034868 • NV Contractors # 0059476 • NM Contractors # 30964 • UT Contractors # 7406753-5501 FENCING: • Provide and install 226 LF of 10’ galvanized perimeter fencing. SURFACING: • Thoroughly wash all courts marking any depressions holding 1/8” of water or more. Fill to USTA specifications using SuperKrete. • Apply (1) coat of Gameco concrete primer over the entire slab. • Apply (3) coats of Gameco sand-filled colored Acrylics over entire basketball court. o Colors to be selected by Town of Fountain Hills from the standard Gameco color chart. • Accurately locate and stripe high school basketball lines using Gameco white line paint. o All lines to be 2” wide and hand painted. ELECTRICAL AND LIGHTING: • Town of Fountain Hills to provide power (120-277 V) at the junction box located next to the parking lot. General Acrylics to tie in to junction box and run “home run” wiring to the court. • Court electrical to be installed prior to concrete construction. o All wiring to be in conduit. o Dusk to Dawn timer included with twist timer on court. o Additional power outlet installed. • General Acrylics to provide and install four (4) 4”OD light poles placed in concrete footers. o Light poles to be painted to match. (Black or Green) • General Acrylics to install four (4) LSI brace arms with LSI LED BLADE HEADS. o LSI PRODUCTS come standard in Black or Green. • 5-Year manufacturer’s warranty. ADDITIONAL SCOPE- SIDEWALK AND SEATING AREA: • General Acrylics to clear and grade the area along the right side of the court to allow for two seating areas and a 10’ wide sidewalk. • Install two (2) concrete pads for future bleacher installation, each pad to be 8’ x 23’, 4” thick concrete on 4” of ABC. • Sawcut existing parking lot curb to allow for ADA ramp. • Install approx. 10’ x 105’, 5” thick concrete walkway/path with rebar reinforcement and ADA ramp leading to the parking lot. • Paint “ADA” loading area in the stall adjacent to the ADA Ramp. • Tie- in surrounding concrete curb with the ramp. • Install two (2) “3-row” bleachers provided by the “Town of Fountain Hills”. • Provide and install 9’ windscreen around the entire perimeter fencing. NOTE: I have provided the option for General Acrylics to hire a 3rd party inspection company to perform soils testing and report, subgrade compaction test, concrete testing, pre slab inspection and cable elongation. This is a separate cost from the MES Construction Cost Sheet so that the Town of Fountain Hills can hire a company directly in lieu of using our services. This cost would be in addition to the construction cost sheet. (602) 569-9377 • Fax (623) 298-1310 • Toll Free (800) 436-2279 22222 N 22nd Avenue • Phoenix, AZ 85027 www.generalacrylics.com AZ Contractors # ROC077085/ ROC034868 • NV Contractors # 0059476 • NM Contractors # 30964 • UT Contractors # 7406753-5501 EXCLUDES: - Permits.. until prices and requirements have been determined. - Planning/Design - Engineering other than Post Tension - Materials and compaction testing - Soils Report - SWPP - Windscreen, benches, shade structures, etc. - Hard dig of any kind o Anything outside a 2-man crew and hand operated auger and/or Grade Tractor - Hardscape around the court or leading to the court. - New electrical panel or modification to the panel - Landscaping of any kind “THE FACTS ABOUT THE CRACKS” IS ATTACHED AND IS A PART OF THIS CONTRACT.. GUARANTEE: All materials and work performed by Contractor is guaranteed for a period of two (2) years from the time construction is completed. In the construction of concrete courts, shrinkage cracks and/or spalls may appear in the slab but do not cause any structural damage or displacement. In order to minimize the possibility of shrinkage cracks and/or spalls, Contractor uses the least reactive aggregate available. However, neither Contractor nor the concrete ready-mix companies guarantee against shrinkage cracks and/or spalls that may occur in the concrete slab, and the terms of our guarantee do not extend to such shrinkage cracks and/or spalls. Respectfully, Justin Fudge Account Executive GENERAL ACRYLICS, INC. CLASS “A” GENERAL ENGINEERING LICENSE # 077085 Date:12/16/19 Job site: MES DISCOUNTED PER TOTAL PER LINE ITEMS UNITS PRICES UNIT LINE ITEM 32 103.82$ HOUR 3,322.24$ 32 103.83$ HOUR 3,322.56$ 32 129.78$ HOUR 4,152.96$ Rental Fence (Per month-Includes delivery & Pick up) Over 251 LF (400 lf x 3 months)1200 1.87$ LF 2,244.00$ 30 39.00$ HOUR 1,170.00$ 80 74.21$ HOUR 5,936.80$ 32 40.15$ HOUR 1,284.80$ 64 26.76$ HOUR 1,712.64$ 4 200.00$ HOUR 800.00$ Engineer Stamped Drawings for Post-Tensioned Concrete slabs 5640 0.11$ SF 620.40$ 5640 6.00$ SF 33,840.00$ 145 17.80$ TON 2,581.00$ 36 17.80$ TON 640.80$ 23 93.61$ CY 2,153.03$ 5640 0.72$ SF 4,060.80$ 1 399.00$ EA 399.00$ Gooseneck 5-9/16 RPGR Basketball System 3 1,619.10$ Each 4,857.30$ 4 760.19$ EA 3,040.76$ 4 1,719.73$ EA 6,878.92$ 4 593.28$ EA 2,373.12$ 1 162.23$ EA 162.23$ 226 44.83$ LF 10,131.58$ 222 4.61$ LF 1,023.42$ 2034 0.60$ Sq. Ft.1,220.40$ 97,928.76$ 1,552.36$ TAX RATE:5.7850%5,754.98$ 105,236.10$ GENERAL ACRYLICS, INC.Submitted By:Justin Fudge Account Executive AZ License # 077085 EQUIPMENT: EXCAVATION, DEMOLITION, AND INSTALLATION PROPOSAL SUBMITTED TO: MOHAVE EDUCATIONAL SERVICES UNIT PRICE PROPOSAL Services Contract # 150-GAI3-0201: Construct (1) Post Tension Basketball Court with Fencing and Lighting Superintendent of Parks 16705 E. Avenue of the FountainsTown of Fountain Hills Kevin Snipes Four Peaks Park Fountain Hills, AZ. 85268 Per your request General Acrylics, Inc. respectfully submits the following proposal to supplyall materials, equipment and labor to perform the following work per Mohave Educational ksnipes@fh.az.gov AZ Contractors # ROC077085/ ROC034868 • NV Contractors # 0059476 • NM Contractors # 30964 • UT Contractors # 7406753-5501 BONDUPON APPROVAL BY MOHAVE EDUCATIONAL SERVICES PLEASE ISSUE PURCHASE ORDER TO GENERAL ACRYLICS, INC. www.generalacrylics.com SUBTOTAL: (602) 569-9377• Fax (623) 298-1310• Toll Free (800) 436-2279 22222 N. 22nd Avenue • Phoenix, AZ 85027 This project May require monthly progress billings Water truck Skip Loader Haul truck DESIGN / ENGINEERING SERVICES MISCELLANEOUS SERVICES (Indicate Minimums, if they apply) Concrete Finisher, per man per hour Concrete Journeyman, per man per hour (2 men x 3 days) Equipment Operator, per man per hour On Site Superintendent, per man per hour 2 Man Crew, with truck & equipment, per hour TOTAL: PERIMETER FENCING FIXED BASKETBALL SYSTEMS One 6 brick LED 6 Brick Scimitar, 2100MA (638 Watt) fixture with one single arm Light Pole - Steel - Direct Bury - 4" O.D. - 20' High - Installed Install Light Fixture, SINGLE Install on/off light switch Install 12' chain link fencing, with colored PVC, 11 gauge wire, 9 gauge finish, and Painted frame work (includes line posts, end posts, fence fabric) Add Mid or Bottom Rail (Painted or un-painted) WINDSCREENS POLY-PRO™ PLUS PREMIUMOMP-9 Dark Green Open Mesh Poly-Pro Plus Premium w/TAB & 4-Ply Hems Tennis court surfacing, new concrete slab 5,001 - 14,400 sf Striping full Basketball courts with 3-point line (removal), 1-2 courts ADDITIONAL ELECTRICAL FIXTURE ITEMS (Indicate Minimums, if they apply) NEW CONCRETE SLAB (ZONE ONE) COURT STRIPING COURT SURFACING - CONCRETE New Post-Tensioned Concrete Slab 4,001 - 7,200 sf ABC per Ton Material Only ABC per Ton Material Only ( sidewalk and seating areas) Concrete Per cubic yard - Material only ( sidewalk and seating area) ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  adopting Resolution 2020-04 approving the 2020-2023 Community Services Department Strategic Plan. Staff Summary (background) Over the last year, the Community Services Department has taken on the challenge of developing the 2020-2023 Community Services Department Strategic Plan. This process serves to document and establish direction for the department by assessing both what the divisions are currently providing, and where each can improve and progress. This is a foundational effort as the department has never had an identified plan. Through the efforts of the department leadership team, a unified vision and set of goals were developed to help guide the Community Services team in terms of decisions, focus, and priorities. This plan provides direction and goals within each division of the Community Services Department, including Parks, Recreation, Community Center, Senior programs, Volunteers, Trails, etc.  Additionally, the plan helps provide public transparency and deliverables for our community. It is intended to assist the public in recognizing and understanding the purpose and objectives of the department. As part of this effort, the team has solicited and integrated input from the entire Community Services staff, Community Services Advisory Commission, and the McDowell Preservation Commission.  Each of these stakeholders have reviewed the final plan and unanimously recommend Council adoption and endorsement.  This plan will be a working document and is intended to be updated periodically with progress and completion details.    Related Ordinance, Policy or Guiding Principle Resolution 2020-04 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Community Services Advisory Commission and McDowell Mountain Preservation Commission approved the recommendation for Council approval. Staff Recommendation(s) Staff recommends adoption of this resolution. SUGGESTED MOTION MOVE to adopt Resolution 2020-04. Attachments Res. 2020-04  9-16-19 MMPC Motion  9-30-19 CSAC Motion  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 12/24/2019 07:10 AM Community Services Director Rachael Goodwin 12/24/2019 08:26 AM Town Attorney Aaron D. Arnson 12/24/2019 10:35 AM Town Manager Grady E. Miller 12/30/2019 08:46 AM Form Started By: Jamie Salentine Started On: 12/16/2019 10:07 AM Final Approval Date: 12/30/2019  RESOLUTION NO. 2020-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE 2020-23 COMMUNITY SERVICES STRATEGIC PLAN RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), has determined it is in the best interests of the Town of Fountain Hills (the “Town”) to create and maintain a long-term strategic plan to provide guidance on a number of activities related to the Community Services Department; and WHEREAS, the Community Services Department has prepared a Community Services Strategic Plan for 2020-2023, for Town Council consideration. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The 2020-2023 Community Services Strategic Plan is hereby adopted in substantially the form and substance of Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 7th day of January, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ___________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2020-04 PAGE 2 EXHIBIT A TO RESOLUTION NO. 2020-04 [2020-2023 Community Services Strategic Plan] See following pages. Town of Fountain Hills Community Services Department 2020 – 2023 Strategic Plan Strategic Plan Town of Fountain Hills Community Services Department Mission Statement To enrich and provide an active quality of life for all residents and visitors through pro-active community engagement, resolute stewardship of amenities and open spaces, while enhancing the health and overall well-being of our town. Visions and Themes 1. Provide recreation that inspires personal growth, healthy lifestyles, and a sense of community 2. Expand and strengthen outdoor experiences and opportunities to contribute to the region’s attractiveness as a place to live, work, and play 3. Optimize safe utilization of facilities, amenities, and open space 4. Actively seek progressive, future-oriented options for funding, operations, and programs 5. Embrace a collaborative spirit and support teamwork within the department and the community VISION #1 – Provide recreation that inspires personal growth, healthy lifestyles, and a sense of community Tasks Lead Responsibility Status Update 1. Revive the Medical Equipment Loaner Program Senior Services Supervisor a. Work with the Public Works Department to get area cleared and ready for shed b. Collect, maintain, and loan medical equipment c. Contact/make fliers for doctor offices, moving companies, etc. to receive more equipment and increase awareness of the program 2. Expand Senior Program Offerings to Enhance Quality of Life Senior Services Supervisor/CSAC a. Coordinate and plan 1 to 2 trips in the Spring and Fall b. Develop Bi-Annual Multigenerational Events c. Expand Membership by adding evening programming to the Activity Center Schedule 3. Maintain parks, recreation, and open space as a vital element in the quality of life for residents Parks Superintendent/MMPC a. Implement exercise equipment within designated parks b. Develop a comprehensive layout of all park benches c. Create plant identification areas at Golden Eagle Park and Four Peaks Park d. Design walking path mapping and associated signage 4. Support and facilitate programs that appeal to and are appropriate for all ages, demographics, and abilities Volunteer Coordinator a. Enhance and promote art walks b. Support more opportunities for free or low-cost events 5. Involve the community to guide future recreation programming Recreation Manager/CSAC a. Develop a needs assessment to guide our department programming efforts b. Create and implement participant surveys for added feedback c. Enlist assistance from the Community Services Advisory Commission to spearhead efforts in growing programs 6. Enhance health and wellness programming Recreation Manager/Senior Services Supervisor a. Partner with fitness businesses to offer programs b. Utilize park space when offering fitness and wellness classes c. Expand Senior based fitness programs to meet Community needs d. Develop trips that highlight local outdoor experiences 7. Increase the number of multi-day conventions held on annual basis, focusing on niche hobby-type organizations Community Center Manager/CSAC a. Work with Tourism and Economic Development to conduct outreach to local and national organizations as a potential facility to conduct a trade show b. Update marketing efforts and collateral c. Expand revenue generating options within the Community Center VISION #2 – Expand and strengthen outdoor experiences and opportunities to contribute to the region’s attractiveness as a place to live, work, and play Tasks Lead Responsibility Status Update 1. Preserve, protect, maintain, and enhance natural resources, parkland, and recreational opportunities Parks Superintendent/Community Services Director/MMPC a. Planning i. Work to balance nature and man-made environments in town ii. When renovating or building new Park facilities, utilize water and energy efficient options iii. Acquire appropriate land to expand existing park facilities and services iv. Develop pocket parks v. Develop Master Plan for all parks b. Environment i. Design and program activities to be sensitive to the Parks’ environmental sustainability ii. Utilize adaptive and native plants in landscape projects that are feasible and plant in the correct locations iii. Develop planting and shade standards 2. Implement unique and attractive marketing strategies and campaigns that highlight activities and inspire all patrons to participate in Town offerings Recreation Manager/Community Center Manager/Community Services Director/CSAC a. Create itineraries for parks, arts, and other programs b. Utilize social images to promote activities and programs c. Develop Convention and Visitors Bureau (CVB) listings (See Vision #1, task 8b) d. Create a Comprehensive Marketing Plan 3. Expand tournament and club offerings Recreation Manager a. Reach out to youth and adult sports organizations for tournament expansion (Ex: USSA, Pony’s, Senior Softball) b. Work with Parks Division to market Golden Eagle Park as a tournament venue and destination c. Develop pricing competitive with similar markets in the valley 4. Enhance programs that are held in the parks Recreation Manager/Senior Services Supervisor a. Develop and grow sports camps b. Enrich offerings at the skate park and grow extreme sports market area c. Grow nature/art based programs d. Expand Senior Programming with collaborative effort between Parks & Recreation and Senior Services (See Vision #1, task 7b) 5. Highlight and advocate for the vision of the parks Parks Superintendent/Recreation Manager/Community Services Director/CSAC/MMPC a. Work to showcase Community Services as an essential element of the Town b. Collaborate with State and Regional Representatives through government outlets, park s and recreation associations, and civic groups VISION #3 – Optimize safe utilization of facilities, amenities, and open space Tasks Lead Responsibility Status Update 1. Enhance facility utilization to promote sense of Community Community Center Manager/Senior Services Supervisor/Parks Superintendent/CSAC a. Work with CSAC/SSI to evaluate lobby utilization b. Update and evaluate Emergency and Risk Management Policies with Deputy Town Manager/HR c. Re-evaluate facility space in order to expand programs and evaluate accommodation needs d. Update equipment and facility to accommodate the needs/abilities of our patrons e. Analyze and update rules and policies that address cultural and social differences to ensure health and safety f. Evaluate facility hours and provide adequate staffing 2. Provide for a system of safety inspections and maintenance of all equipment and facilities and maintain safe/reliable facilities in an efficient/effective manner Parks Superintendent/Community Center Manager a. Parks i. Perform bi-monthly playground safety inspections using Certified Playground Safety Inspector (CPSI) standards ii. Conduct bi-annual facility inspections to promote safety and efficiency iii. Apply annual Wash Inspections/Maintenance b. Community Center i. Design and systemize Annual close down maintenance schedule ii. Organize regular and routine maintenance 3. Create respectful ambassadors for parks, Community Center, and other facilities Volunteer Coordinator/CSAC/MMPC a. Integrate social messaging to expand outreach (See Vision 2, task 2b) b. Develop and assign website monitoring for updates c. Enhance/re-establish Docent/Volunteer training 4. Re-evaluate and update park rules and policies Recreation Manager a. Implement regulatory updates to signage, schedules, and postings on a bi-weekly basis b. Update and have rules listed online and in the parks match and be consistent c. Create and track market trends for park rules d. Increase park attendant trainings 5. Increase the number of monthly art displays (especially in summer months) and the number of people attending monthly displays at the Community Center Community Center Manager a. W ork with local stakeholders (Ex: Public Art Committee) to increase artwork displays b. Work with internal staff to utilize marketing platforms for art displays VISION #4 – Actively seek progressive, future-oriented options for funding, operations, and programs Tasks Lead Responsibility Status Update 1. Expand effective Programming/Community engagement Community Center Manager/Senior Services Supervisor/Recreation Manager a. Bring seniors and youth together with joint programming (Vision1, task 2 & Vision 2, task 4) b. Organize a fall and spring event at the Activity Center (Vision 1, task 2 & Vision 2, task 4) c. Offer sensible evening and weekend programs, collaborate with Recreation Department (Vision 1, task 2) d. Repurpose existing space to maximize usability (Vision 3, task 1(c)) e. Review Community Center hours of operations (Vision 3, task 1(f)) f. Re-introduce and promote Fit Trails g. Research additional staffing and transportation costs to support new programs 2. Create and advocate for additional open space and recreational areas Parks Superintendent a. Identify potential pocket park locations throughout the Town b. Integrate NRPA standards for land use criteria 3. Utilize financial resources efficiently and equitably Parks Superintendent/Recreation Manager/Community Center Manager/Senior Services Supervisor a. Improve infield design on Golden Eagle Park field 1 renovation b. Minimize path debris on sidewalk at Golden Eagle Park c. Renovate Four Peaks Park toilet/sink/drinking fountain fixtures to meet ADA compliance d. Review budget quarterly 4. Create revenue producing programs Recreation Manager a. Develop cost recovery pricing model to maximize revenue potential b. Bring in an hourly “generalist” instructor to provide more in-house programs c. Work with senior services to offer intergenerational programming that is event based d. Maximize revenue potential through online park rentals e. Research local organizations to see how they operate instructor contracts and classes 5. Consider alternative revenue sources Community Services Director a. Research and apply for appropriate grant opportunities i. Research grant opportunities with CSAC and SSI to expand programs and services ii. Actively search for grants to help minimize wash flooding issues iii. Pursue grant opportunities for pocket parks (See Vision 4, task 2a) b. Pursue sponsorships from local and large scale businesses c. Re-evaluate the Facility Replacement Fund Schedule (FRFS) with Staff d. Search sponsorship opportunities to expand programming and events e. Explore funding options to support the Home Delivered Meals (HDM) program f. Evaluate potential for Friends group – 501(c)(3) VISION #5 – Embrace a collaborative spirit and support teamwork within the department and the community Tasks Lead Responsibility Status Update 1. Become a recognized leader in the community, state, and nation for park and recreation management Community Services Director a. Apply for the NRPA Gold Medal Award b. Apply for Tree City USA c. Continue to participate with the NRPA, IFEA, Dark Skies, and other Associations d. Develop and publish annual report standards 2. Continue to expand the level of public information and involvement in parks and recreation Parks Superintendent/CSAC/MMPC a. Enhance the public knowledge and appreciation for the natural beauty of open space and the environmental and historical significance of one’s surroundings b. Mobilize a more robust Volunteer program 3. Encourage an effective/efficient working relationship with community organizations, school districts, and surrounding communities for the recreational needs of all agencies Parks Superintendent/CSAC/MMPC a. Offer educational classes for residents highlighting best known maintenance practices for landscaping b. Conduct local meetings at neighborhood parks to discuss past, present, and future plans and get feedback for individual parks 4. Provide opportunities for customer feedback Recreation Manager a. Promote positive customer service b. Develop and distribute regular program surveys c. Partner with the Parks Department, Community Center, and Senior Services to hold public outreach nights twice a year d. Analyze program and event data that drive and guide planning efforts 5. Embrace education opportunities and trainings Recreation Manager a. Create and participate in internal training b. Develop internal “how to” guides for Community Services procedures (Ex: cheat sheets) c. Develop manuals for park attendants d. Improve night staff communications at each park 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Chairman Myers called the meeting of Tuesday, September 16, 2019, to order at 6:00 p.m. in the Council Chambers at Town Hall, located at 16705 East Avenue of the Fountains, Fountain Hills, Arizona. 2. ROLL CALL COMMISSIONERS PRESENT: Chairman Bill Myers, Commissioners Thomas Aiello, Bill Craig, and Paul Garvey. COMMISSIONERS ABSENT: Vice Chairman Tom Barberic and Commissioners Scott Grzybowski and Darrienne Slater. STAFF PRESENT: Community Services Director Rachael Goodwin and Executive Assistant Jamie Salentine. 3. CALL TO THE PUBLIC There was no comments from the citizens present. 4. CONSIDERATION OF APPROVING THE AUGUST 27, 2019 MEETING MINUTES Chairman Myers asked that a correction be made to item #12(b) and clarified that Toll Brothers is still overseeing the project however, Marksmen Security no longer monitor the project area. Commissioner Garvey requested a correction to reflect item #5 fourth paragraph to read, Commissioner Garvey emphasized the only vetting criteria applied for the AED is safety and instead utilize the vetting process particularly when costs are incurred to the Town. Commissioner Craig moved to approve the August 27, 2019, meeting minutes as amended, seconded by Commissioner Myers; passed unanimously by those present (4-0). 5. REVIEW AND CONSIDERATION TO RECOMMEND 2020-2023 COMMUNITY SERVICES STRATEGIC PLAN TO TOWN COUNCIL Community Services Director Rachael Goodwin explained that the 2020-2023 Community Services Strategic Plan is staff drafted and is unaware of an existing department strategic plan. She noted that the process started over one year ago and the entire Community Services Department has endorsed the plan. She pointed out that the next steps include the support of the strategic plan from both the McDowell Mountain Preserve Commission (MMPC) and the Community Services Advisory Commission (CSAC), TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION SEPTEMBER 16, 2019 McDowell Mountain Preservation Commission Meeting Minutes September 16, 2019 Page 2 of 6 review from Town Manager Grady Miller, and final approval by Town Council. She added that the plan is a guideline of the goals the department has over the next three years. (See Attachment 1) In response to question posed by Commissioner Craig, Ms. Goodwin stated that MMPC had a sunset clause however; at the end of 2018, Town Council abolished the sunset clause. In response to a question from Commissioner Garvey, Ms. Goodwin replied that Vision #2, 1b(i) can be amended to read Parks’ and Preserves’ as well as verifying any other “preserve” areas within the strategic plan to add MMPC too. Commissioner Myers moved to support the recommendation to Town Council of the 2020-2023 Community Services Strategic Plan, seconded by Commissioner Aiello; passed unanimously by those present (4-0). 6. UPDATE ON AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) AT ADERO CANYON TRAILHEAD (ACT) – TABLE UNTIL FURTHER NOTICE Chairman Myers commented that the ACT bathrooms are not open; however, once open this item will be placed back on the agenda. The Commission concurred to table the item until further notice. 7. UPDATE ON TRAIL COUNTER ACTIVITY Chairman Myers pointed out that three (3) trail counters were not visited to note the count and of those, two (2) need batteries. He noted that Stan Ruden collects the counts and is currently out of town and once he returns the batteries will be replaced. (See Attachment 2) 8. UPDATE ON JOINT MEETING WITH STAFF AND MCDOWELL SONORAN CONSERVANCY – TABLE ITEM UNTIL FURTHER NOTICE a. Volunteer Forms b. Liability obligations c. Additional Topics Discussed Community Services Director Rachael Goodwin commented that the item will be placed back on the agenda once a meeting has been scheduled. She added that she would prefer to have the new Volunteer Coordinator on board. Chairman Myers requested that staff look at surrounding communities for their volunteer group agreements too. The Commission concurred to table the item until further notice. 1. CALL TO ORDER Chairman Ruppert called the meeting of Monday, September 30, 2019, to order at 5:00 p.m. in the Council Chambers at Town Hall, located at 16705 East Avenue of the Fountains, Fountain Hills, Arizona. 2. ROLL CALL COMMISSIONERS PRESENT: Chairman Ron Ruppert, Vice Chairperson Amy Arnold, Commissioners Don Doty, Daniel Fecteau, Jerry Gorrell, Sharron Grzybowski, Sharon Morgan, Natalie Varela, and Youth Commissioner Hayden Arnold. COMMISSIONERS ABSENT: None. STAFF PRESENT: Recreation Manager Linda Ayres and Executive Assistant Jamie Salentine. 3. CALL TO THE PUBLIC There was no comments from the citizens present. 4. CONSIDERATION OF APPROVING THE JUNE 24, 2019 MEETING MINUTES Commissioner Doty moved to approve the June 24, 2019 meeting minutes, seconded by Commissioner Arnold; passed unanimously (9-0). 5. REVIEW AND CONSIDERATION TO RECOMMEND 2020-2023 COMMUNITY SERVICES STRATEGIC PLAN TO TOWN COUNCIL Chairman Ruppert stated that staff, department heads, as well as himself and Commissioner Doty have worked diligently over the past year on the strategic plan. Commissioner Doty moved to support the recommendation to Town Council of the 2020-2023 Community Services Strategic Plan, seconded by Commissioner Fecteau; passed unanimously (9-0). 6. DISCUSSION AND CONSIDERATION OF 2020 MEETING DATES Executive Assistant Jamie Salentine requested that the September 2020 meeting be moved due to a conflict with a conference that Community Services Director Rachael Goodwin attends. Discussion ensued relative to a new meeting date in September 2020. The Commission agreed upon September 21, 2020 at 5:00 pm. Commissioner Morgan moved to approve the 2020 CSAC meeting date in September to be held on September 21, 2020, seconded by Commissioner Ruppert; passed unanimously (9-0). TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE COMMUNITY SERVICES ADVISORY COMMISSION SEPTEMBER 30, 2019 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving Cooperative Purchasing Agreement C2020-054 with Vincon Engineering Construction, LLC. for concrete services. Staff Summary (Background) Historically, Town staff has faced challenges when trying to secure commodities contracts. By utilizing State, County and City Government Cooperative Purchasing Agreement Contracts, the Town has been able to simplify the process and take advantage of competitive pricing from other municipalities completing the bidding process. This cooperative purchasing agreement is an excellent example of this process.  Recently, the City of Scottsdale solicited bids for concrete repairs (IFB #18PB006). The Scottsdale City Council selected and awarded the Contract to Vincon Engineering Construction, LLC. The company has agreed to extend Scottsdale's contract pricing to the Town of Fountain Hills.   The Town’s Capital Improvement Program has several projects scheduled over the next four years that will utilize this proposed contract. The proposed contract will cover the remainder of this fiscal year and addresses projects in outlying years. Below is a list of approved Capital Improvements Projects for the FY 2019-2020 budget. F4029: $150,000, Civic Center Improvements. This project will replace damaged concrete with pavers. F4033: $30,000, New Street yard Sign shop foundation and on-grade slab. P3035: $70,000, Four Peaks Park. Concrete pathway tying new playgrounds to restrooms, and future basketball court. S6061: $200,000, Sidewalk Infill Program. Additional concrete work will include the Town's aging concrete sidewalks, and curbing requiring repair or replacement. $50,000- $75,000. All work necessary to bring curb-opening ramps, sidewalks and curbs up to date directly related to the pavement management. $30,000 - $50,000. The contract amount is $600,000 annually with four renewal options totaling up to maximum of $2.4 million over the contract term. Related Ordinance, Policy or Guiding Principle Town adopted Procurement Policy. Risk Analysis Failure to secure a long term contract for concrete repair or replacement could delay projects and result in higher pricing.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Cooperative Purchasing Agreement C2020-054 with Vincon Engineering Construction, LLC.   SUGGESTED MOTION MOVE to approve Cooperative Purchasing Agreement C2020-054 with Vincon Engineering Construction, LLC. in an amount not to exceed $600,000.00 during the Initial Term of the Agreement; with an aggregate not-to-exceed amount, inclusive of all Renewal Terms, to not exceed $2,400,000.00.   Fiscal Impact Fiscal Impact:$600,000 - $2.4 Mil Budget Reference:285-342 Funding Source: If Multiple Funds utilized, list here:Pavement Management Program- Capital Improvements  Budgeted: if No, attach Budget Adjustment Form:Yes Attachments Contract 2020-054  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 12/19/2019 01:24 PM Town Attorney Aaron D. Arnson 12/23/2019 07:20 PM Town Manager Grady E. Miller 12/23/2019 10:22 PM Public Works Director (Originator)Justin Weldy 12/24/2019 07:31 AM Town Attorney Aaron D. Arnson 12/24/2019 10:35 AM Town Manager Grady E. Miller 12/30/2019 08:52 AM Form Started By: Justin Weldy Started On: 12/19/2019 07:00 AM Final Approval Date: 12/30/2019  ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/07/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving the fourth amendment to Professional Services Agreement C2017-087.4  with the CK Group Inc., for the design of: (1) roundabout drainage improvement at the Avenue of the Fountains/ La Montana Boulevard intersection, and (2) Fountain Hills Blvd mid-block Pedestrian crossing analysis Staff Summary (Background) The Avenue of the Fountains and La Montana Roundabout. A preliminary engineering analysis and survey has identified drainage concerns with the installation of the new Roundabout. The current configuration indicates potential ponding of water will occur within traffic lanes of the Roundabout. A drainage analysis along with details to resolve these drainage concerns will need to be performed by a consultant and incorporated in construction documents.   The requested change order includes a drainage analysis, drainage report, details and updated construction documents. The fee for this is for $5,706.48.  Note; this was not included in the original scope and fee for the project.   Fountain Hills Blvd mid-block Pedestrian crossing. At the October 15, 2019, Pedestrian and Traffic Safety Committee meeting, the Committee requested staff to commission a mid-block pedestrian crossing analysis of Fountain Hills Blvd between Palisades and Keth McMahan Drive. The analysis will include, site assessment, 24-hour Average Daily Traffic count, 48-hour Pedestrian Count Study, Manual MUTCD pedestrian crossing warrant analysis. The analysis will also include a recommended pedestrian crossing system, draft and final report. The fee for the study is $10,299.26 Related Ordinance, Policy or Guiding Principle Good engineering practices and Town's adopted procurement policy.   Risk Analysis Not receiving approval for the amendment will result in poor drainage for the Roundabout, and delay the mid-block pedestrian crossing analysis. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Contract Amendment No.4 to Professional Services Agreement C2017-087.4 with the CK Group.    SUGGESTED MOTION MOVE to approve the fourth amendment to Professional Services Agreement C2017-087.4 in the amount of $16,005.74 with the CK Group Inc., for the design of: (1) a roundabout drainage improvements at the Avenue of the Fountains/ La Montana Boulevard intersection, and (2) Fountain Hills Blvd mid-block Pedestrian crossing analysis.    Fiscal Impact Fiscal Impact:16,005.74 -164,140.1 Budget Reference:346 Funding Source: If Multiple Funds utilized, list here:Capital Projects fund Engineering Studies Budgeted: if No, attach Budget Adjustment Form:Yes Attachments Amendment #4 roundabout scope and fee  Fountain Hills Ped crossing study scope and fee  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 12/24/2019 05:49 AM Town Attorney Aaron D. Arnson 12/24/2019 10:36 AM Town Manager Grady E. Miller 12/30/2019 09:05 AM Form Started By: Justin Weldy Started On: 12/23/2019 12:48 PM Final Approval Date: 12/30/2019  the CK Group, Inc. 16448 N. 40th Street, Suite A Phoenix, Arizona 85032 P: 602.482.5884 | F: 602 482.2885 | Email: ckgroup@theCKgroup.com October 28, 2019 Mr. Justin Weldy Public Works Director Town of Fountain Hills Development Services Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: Avenue of the Fountains (AOTF) at La Montana Blvd Roundabout Design – Drainage Improvements - Change Order 1 Mr. Weldy, Please find attached change order for additional services to incorporate drainage improvements to the proposed roundabout design at the intersection of Avenue of the Fountains (AOTF) at La Montana Drive Intersection. The following work effort is anticipated to be completed as part of the drainage design: 1. Perform drainage analysis and document results in a drainage memorandum. 2. Prepare drainage improvements incorporated with the paving plans, and drainage details as required. 3. Incorporate drainage design improvements in project submittals at 60%, and 100% submittal stages for Town review and approval. The following assumptions are included in this scope effort: - There is no existing storm drainage system along the project corridors. Proposed drainage improvements shall be via sheet flow along the roadway pavement. Submittals: - Drainage improvement will be incorporated into the paving plans as part of the project submittal set. The estimated fee for the additional services is $5,706.48. Please refer to Exhibit A – Derivation of Fee, which is attached herein. Cost associated with meeting(s) beyond those specified in the scope of work will be billed separately on a time and material basis. Please do not hesitate to contact us should you have any question or comment. Respectfully, the CK Group, Inc. Ogbonna Abarikwu Principal I PROPOSED TASKS5,706.48D-12 8 4 1 1,733.82D-21 1 8 904.13D-32 4 8 20 3,068.540.000.000.00Total Hours 59 0 5 13 12 28 0 0 1Hourly Rates $71.44 $64.47 $50.50 $34.86 $30.71 $37.00 $38.50 $19.23Subtotal $2,276.28 $0.00 $322.35 $656.50 $418.32 $859.88 $0.00 $0.00 $19.23 5,706.48Direct Labor $2,276.28Subconsultants RebillablesOverhead 1.2790 $2,911.43 $0.00 MileageSubtotal $5,187.710 Miles at $0.00Profit 10% $518.77DeliveryCK Group Subtotal $5,706.48Deliveries at $0.00Printing & Misc.Subconsultants $0.00Lump Sum at $0.00Rebillables $0.00Total$5,706.48Total$0.00Total$0.00EPG (Irrigation and Landscape)EXHIBIT A - DERIVATION OF FEEPrepare Drainage Plan Sheet Notes (1 sheet)Prepare Drainage Memo ReportRegistered Landscape SurveyorTown of Fountain Hills AOTF, AOTF @ La Montana Roundabout Design - Drainage ImprovementsWork ActivityPrincipalProject ManagerSr. Project EngineerProject EngineerCAD DesignerProject CoordinatorAdmin/ GraphicsPrepare Drainage Plan & Detail Sheet (2 sheet)Fee per Task10/24/2019Page 1 of 1Town of Fountain Hills AOTF @ La Montana Roundabout Design - 2019 Fee Proposal Exhibit A-MH-Fee AOTF_2019 - C01.xlsx:CK the CK Group, Inc. 16448 N. 40th Street, Suite A Phoenix, Arizona 85032 P: 602.482.5884 | F: 602 482.2885 | Email: ckgroup@theCKgroup.com June 10, 2019 Mr. Justin Weldy Public Works Director Town of Fountain Hills Development Services Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: Midblock Crossing Analysis for Fountain Hills Blvd between Palisades Blvd and Keith McMahan Drive. Mr. Weldy, Thank you for requesting our services as referenced. It is our understanding that the Town desires that the CK Group (CK) prepare a midblock crossing analysis on Fountain Hills Blvd for the segment between Palisades Blvd and Keith McMahan Drive. Factors contributing to crossings within the segment include the Starbucks shop located in the Safeway shopping plaza. The midblock crossing analysis will review if warrants are met within the corridor segment and identify the configuration of the crossing. CK will complete the following as part of the analysis: a. Perform a site assessment and visit to review the project corridor b. Obtain 24-hour Average Daily Traffic counts along the corridor segment c. Perform a 48-hour Pedestrian Count Study along the corridor segment d. Perform an MUTCD pedestrian crossing warrant analysis e. Determine and recommend a pedestrian crossing system f. Prepare draft and final reports for the Midblock Pedestrian Crossing Analysis inclusive of findings and recommendations. The following assumptions are included in this scope effort: Submittals: PDF Submittals for Draft and Final Reports Meetings: Telephonic conference as required It is anticipated that the proposed work effort will be completed within six (6) weeks from the receipt of a Notice to Proceed (NTP) from the Town. The estimated fee for the proposed services is $10,299.26 Please refer to Exhibit A – Derivation of Fee, which is attached herein. Cost associated with meeting(s) beyond those specified in the scope of work will be billed separately on a time and material basis. Please do not hesitate to contact us should you have any question or comment. Respectfully, the CK Group, Inc. Ogbonna Abarikwu Principal I PROPOSED TASKS 9,107.06 A-1 2 2 1 576.37 A-2 1 8 8 1,680.42 A-3 1 2 4 716.11 A-4 1 4 12 8 8 3,370.12 A-5 1 2 4 8 1,611.31 A-6 4 4 2 1,152.74 0.00 0.00 Total Hours 87 2 14 32 28 8 0 0 3 0Hourly Rates $71.44 $64.47 $40.87 $34.86 $30.71 $37.00 $24.03 $19.23 $43.36Subtotal$3,632.75 $142.88 $902.58 $1,307.84 $976.08 $245.68 $0.00 $0.00 $57.69 $0.00 9,107.06Direct Labor $3,632.75 Subconsultants RebillablesOverhead1.2790 $4,646.40 MileageSubtotal$8,279.15 $1,136.00 60 Miles at $0.520 $31.20 $31.20Profit10%$827.91 DeliveryCK Group Subtotal $9,107.06 Deliveries at $30.000 $0.00 $0.00Printing & Misc.Subconsultants $1,136.00 1 Lump Sum at $25.000 $25.00 $25.00Rebillables$56.20 Total $10,299.26 Total $0.00 $1,136.00 Total $56.20 Field Data Services EXHIBIT A - DERIVATION OF FEE Prepare final report of findings and recommendations Perform Site Assessment and Field Visit Registered Landscape Surveyor Midblock Crossing Analysis for Fountain Hills Blvd between Palisades Blvd and Keith McMahan Drive Work Activity Principal Project Manager 2-Person Survey Crew Sr. Project Engineer Project Engineer CAD Designer Project Coordinator Admin/ Graphics Project & Coordination Meetings (2 meetings) Perform Pedestrican Crossing Warrant Study Research and Recommend Pedestrian Crossing Control Prepare initial report of findings and recommendations Fee per Task 12/23/2019 Page 1 of 1 Town of Fountain Hills Fountain Hills Blvd Midblock Crossing Analysis Fee Proposal Exhibit A-MH-Fee Ped Crossing Ftn Hills Blvd:CK Work Estimate DATE: 6/11/2019 ESTIMATE #:19-231 CITY: Fountain Hills, AZ dba (Ca)Prepared by: Phoenix, AZ 85032 p 602.482.5884 x. 116 f 602.482.2885 ID DAYS/QTY $ TOTAL -$ ADT 1 $138.00 138.00$ -$ PED 2 $499.00 998.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL 1,136.00$ Page 1 Sharon Morris DESCRIPTION Weekday 24-hour bi-directional classification count Palisades Blvd. btwn. Avenue of the Fountains & Fountain Hills PROJECT DESCRIPTION: J2 #: Weekday 48-hour pedestrian count Palisades Blvd. btwn. Avenue of the Fountains & Fountain Hills SERVICE PROVIDER - SUBCONTRACTOR Field Data Services of Arizona, Inc. Veracity Traffic Group (California)31894 Whitetail Ln. CUSTOMER Amara Ibeji, PE CK Group www.fdsaz.com 16448 N. 40th St., Suite APhone: 520.316.6745Temecula, CA 92592 Fax: 866.686.7612