HomeMy WebLinkAbout2020.0218.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, FEBRUARY 18, 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 Dickey
2.MOMENT OF SILENCE
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.A proclamation declaring February 2020, as Women's Suffrage Month.
B.PRESENTATION by Consul Enrique Melendez, Executive Director of the Consular Corps of
Arizona, of the Key to the City from Ataco, Mexico to the Town of Fountain Hills.
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 February 4,
2020.
B.CONSIDERATION OF Resolution 2020-06, abandonment of the 20' Public Utility and Drainage
Town Council Regular Meeting of February 18, 2020 2 of 4
B.CONSIDERATION OF Resolution 2020-06, abandonment of the 20' Public Utility and Drainage
Easement at the northerly (rear), and abandonment of the 10' Public Utility and Drainage
Easement at the westerly side, both of Plat 403 B, Block 2, Lot 8. (16807 E. Monterey Drive)
as recorded in Book 159, page 11, records of Maricopa County, Arizona. (EA 2020-01)
C.CONSIDERATION OF approving the final plat of "Replat for Adero Canyon - Parcel 5",
a 54 lot residential subdivision.
D.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain
Hills Cultural Civic Association to serve liquor in conjunction with the Fountain Hills Cultural
Civic Association Member Appreciation event on March 13, 2020.
E.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain
Hills Dark Sky Association to serve alcohol in conjunction with the Dark Sky Festival on March
28, 2020.
F.CONSIDERATION OF approving a Special Event Liquor License application for the Fearless
Kitty Rescue to serve alcohol in conjunction with a fundraiser at the Fearless Kitty Rescue on
May 8, 2020.
G.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain
Hills Veterans Memorial for a beer garden in conjunction with the Irish Fountain Fest on
March 14, 2020.
H.CONSIDERATION OF approving a Fair/Festival Liquor License application for the Desert
Diamond Distillery for a beer/wine garden in conjunction with the Thunderbirds Fine Art and
Wine Festival on March 6-8, 2020
8.REGULAR AGENDA
A.CONSIDERATION OF Ordinance 20-03 amending Chapter 12, Commercial Zoning Districts, by
adding a new provision to Section 12.02 B., to allow indoor vehicle sales and rentals in the
C-1 zoning district.
B.CONSIDERATION OF a Cooperative Purchasing Agreement with Riddle Painting & Coatings,
Co. for painting the buildings in the Civic Center Complex.
C.CONSIDERATION OF approving the purchase agreement for the sale of former Fire Station
No. 2.
D.CONSIDERATION OF Approval to Redesign and Paint the Mural Wall Located at Fountain
Park.
E.CONSIDERATION OF a Professional Service Agreement (#2020-063) with Kimley-Horn for
Town Council Regular Meeting of February 18, 2020 3 of 4
E.CONSIDERATION OF a Professional Service Agreement (#2020-063) with Kimley-Horn for
$157,453 for the: (1) Design Concept Report for the "Shea Boulevard Widening from
Technology Drive to Palisades Blvd." project, in the amount of $115,778 (using 70% MAG
ALCP reimbursement funding), and (2) Concept Design for the "Saguaro Boulevard Frontage
Road - Panorama Drive to Colony Drive - Improvement District Development" in the amount
of $41,675.
F.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of
Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or
pending before the State Legislature.
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or
(ii) directing staff to conduct further research and report back to the Council.
10.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this ______ day of ____________________, 2020.
_____________________________________________
Elizabeth A. Burke, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or
1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for
review in the Clerk's Office.
Town Council Regular Meeting of February 18, 2020 4 of 4
ITEM 4. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): A proclamation declaring
February 2020, as Women's Suffrage Month.
Staff Summary (Background)
February is designated as Women's Suffrage Month. Mayor Dickey will be proclaiming February 2020 as
Women's Suffrage Month.
Attachments
Proclamation - Women's Suffrage Month
Form Review
Inbox Reviewed By Date
Finance Director David Pock 02/04/2020 07:23 AM
Town Attorney Aaron D. Arnson 02/05/2020 01:40 PM
Town Manager Grady E. Miller 02/05/2020 05:34 PM
Form Started By: Angela Padgett-Espiritu Started On: 02/04/2020 06:40 AM
Final Approval Date: 02/05/2020
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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 February 4, 2020.
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 February 4, 2020.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of February 4, 2020.
Attachments
Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 02/08/2020 07:23 PM
Form Started By: Elizabeth A. Burke Started On: 02/06/2020 01:15 PM
Final Approval Date: 02/08/2020
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 4, 2020
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the meeting of February 4, 2020, to order at 5:30 p.m. and led the Council
and audience in the Pledge of Allegiance.
2.MOMENT OF SILENCE
Mayor Dickey led the Council and audience in a Moment of Silence.
3.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; Councilmember Mike Scharnow;
Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan
Magazine; Councilmember David Spelich
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth
A. Burke
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Town Manager Grady Miller reported on the first Annual Employee Recognition luncheon held
last week, at which they recognized many employees, including Randy Harrel, 28 years as the
Town Engineer, and the longest, continuously serving town engineer in Arizona.
Councilmember Scharnow said that he was sorry to have missed the luncheon, but he had a prior
engagement. He said that he did attend the State of the Town last week and it was well attended.
He reported that he attended the Valley Metro Board Meeting last week where they went into
Executive Session for Scott Smith's review.
Councilmember Brown thanked Mr. Wesley, Mr. Weldy and Mr. Pock for putting on the
Development Advisory Seminar. He said that it was attended by several builders and developers,
and was the first of many. The next one will be in September and if anyone was interested, they
should attend as it was very informative.
Councilmember Magazine said that he, too, attended the State of the Town and with standing
room only at 250 people, it was extremely well done. He complimented the Mayor for having
each of the department heads on the screen speaking to the audience.
Vice Mayor Leckrone also complimented the Mayor for the delivery of her unifying message.
Mayor Dickey reported that she attended the Volunteer Expo last week which seemed well
attended. It was a wonderful way for the clubs and organizations in Town to show what they do,
which is quite a lot.
She attended the MAG (Maricopa Association of Governments) Regional Council Meeting. They
discussed grants and the census. She said that they are going to have a presentation on the Prop
400 renewal at their next meeting.
She attended the assembly at Fountain Hills Unified School District honoring the mentors. She
said that some of them have been there for 20 years. She read a proclamation, and she said that
it was a nice show of appreciation.
Mayor Dickey said that she met with the GPEC National Site Selection Committee, which was
here for the Waste Management Tournament. She said that it was always great to meet them
and share what a great place Fountain Hills is.
She reported that on Thursday of this week the Pony Express will be arriving in Fountain Hills
around 3:30 p.m. at the U.S. Post Office, and then an event will be held in the Circle outside the
Community Center. She is hoping that everyone will be out of school by that time so they can
attend.
A.RECOGNITION of Stellar Students of the Month of February.
Mayor Dickey then read a statement on each of the students and invited them forward to receive
their certificates and have a photo taken. Below are the students for February 2020:
Rylee Taylor McDowell Mountain Elementary School
Dylan Tobias McDowell Mountain Elementary School
Aysha Rasool Fountain Hills Middle School
Daniel Garcia Fountain Hills Middle School
Sophia Boeshans Fountain Hills High School
Blake Anderson Fountain Hills High School
B.RECOGNITION of outgoing Community Services Advisory Commissioner.
Mayor Dickey read a Certificate of Appreciation for Daniel Fecteau for his service on the
Community Services Advisory Commission.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION of Monthly Report by Captain Larry Kratzer of the Maricopa County Sheriff's
Office.
Captain Kratzer reviewed the monthly statistics report, Exhibit A attached hereto and made a part
hereof, which is provided to the Town Manager each month, and demonstrated how it is utilized
for determining resource allocation.
Councilmember Magazine asked that when presentations are being made with such small print,
that the Council be provided with a hard copy to allow them to follow along.
Regular Meeting of February 4, 2020 Page 2 of 7
B.PRESENTATION of Update by Stephen Herring with Republic Services.
Stephen Herring with Republic Services said that he wanted to talk about their upcoming
bulk season and how it is being communicated with the customers. He also wanted to
provide a brief update on recycling.
He said that the bulk program started last year and provides everyone one free bulk pick-up
service a year. It will be done in the spring, during spring cleaning, and the Town has been
broken into eight zones. Each zone will have a different color and the color will indicate
when their bulk pick up will occur. He said that this information will be shared in the
Fountain Hills Times, on the Town's website and also in the Town's newsletter. Additionally,
each resident will be getting a phone call the week before their service begins. It will start in
March on every Wednesday and go through April.
With regard to recycling, as many are aware in October they experienced a fire at the Salt
River Recycling Materials. They took quick action and shifted to taking recycling to the
Cave Creek Transfer Station, and eventually to the Friedman Recycling in South Phoenix
as their North Phoenix facility was down for upgrades. On Christmas Eve, the North
Recycling Facility was reopened with a faster speed and rate. Since then, all of Fountain
Hills recycling has been loaded in large trailers, going to the north gateway facility to be
processed and recycled.
Councilmember Magazine asked if received many complaints from the customers. Mr.
Herring said that they have received some complaints about the changes in the routes to
Mondays and Fridays, but that was strictly due to the change in the recycling facility. He
explained that trucks used to come from the Cave Creek facility at Deer Valley and the 101,
drive through and pick up recycling, drive it to the Beeline and drop it off, and then circle
back through Town to pick up trash. When they weren't able to do that with the change in
facility, it required a change in the overall schedule.
Councilmember Magazine said that it is rare to find a company that is as efficient and
responsive as they have been, and he is incredibly impressed. He said that they seem to
be concerned about the citizens. Mayor Dickey thanked Republic Services for serving the
community.
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.
Charles Holmes, Fountain Hills resident, said that he loves the Town and all it has to offer.
He went to an event the other day, the open house at EVIT, and he saw Mr. Miller. He said
that EVIT is another asset in the community and he was so impressed with the facility.
7.CONSENT AGENDA ITEMS
Regular Meeting of February 4, 2020 Page 3 of 7
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the
item was scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the agenda.
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan
Magazine to approve Consent Agenda items 7-A through 7-E.
Vote: 7 - 0 Passed - Unanimously
A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of January
21, 2020.
B.CONSIDERATION OF approval of Board and Commission Members' Terms.
C.CONSIDERATION OF approving a Liquor License Application for Fry's Food & Drug #70,
located at 14845 E. Shea Boulevard, Fountain Hills, Arizona, for a Series 7 (Wine & Beer
Bar) license.
D.CONSIDERATION OF approving a Liquor License Application for Blossom Kitchen, located
at 14835 E. Shea Boulevard #100, Fountain Hills, Arizona, for a Series 12 (Restaurant)
license.
E.CONSIDERATION OF approving the final plat of "Replat for Adero Canyon - Parcel 6", a 45
lot residential subdivision.
8.REGULAR AGENDA
A.CONSIDERATION OF approving the painting of twenty bollard lights in Fountain Park as
part of a pilot program to determine durability and reduction of glare.
Mr. Miller said that about a year ago Mr. Ted Blank approached the Town about painting a
bollard at Fountain Park to enable him to determine if it was successful in reducing the
glare. He said that Mr. Blank has indicated that he was able to reduce the glare by 90%
without significantly reducing the light. He is now proposing to do another ten bollards south
of the east parking lot and ten near the ampitheater, to test the glare. He said that this will
help them determine if the lights that are together will produce the needed lighting without
such glare.
He said that staff will be involved to ensure that the light emitted will be sufficient to meet the
ADA requirements. He said that they will go through the evaluation phase and staff and Mr.
Blank will come back to Council with their findings and recommendations.
Councilmember Brown asked if they were painting just the head of the light. Mr. Blank
replied that they were. He said that they would be painting the area that reflects the light up
and he then handed out pictures in addition to what was included in the packet.
Mr. Blank said that they found a material designed for rifles and guns that are dragged
through the brush. It is strong, well-formulated paint and it seems to succeed in resisting
Regular Meeting of February 4, 2020 Page 4 of 7
the sprinkler heads. There are no chips after it has been there during the summer months.
Councilmember Brown said that the only concern he has is if they paint 540 lights, ten
years from now what are they going to do. He asked if they could be taken apart and have
them powder coated. Mr. Blank said that he did not believe so. Councilmember Brown said
that was his only concern--the long-term maintenance.
Councilmember Scharnow asked how easy it was to get the paint off if they determine it is
not going to work. Mr. Blank said that he was able to remove the paint with paint thinner
and the black paint came off while there was no damage to the surface underneath.
Councilmember Scharnow said that it does sound like it will be effective. He hoped this will
be a good solution.
Councilmember Brown asked if staff would be involved in the painting. Mr. Blank said that
he has 23 resident volunteers and it probably will not take more than 15 minutes per head.
Mr. Miller noted that staff will want to ensure that the paint is the paint they would spec out
and the removal will come off as mentioned. He said that this is a process that staff will want
to supervise and the Parks Manager will be involved.
Councilmember Magazine asked how long it will take to determine it this solution will work.
Mr. Blank said that they will be measuring the light intensities on the sidewalk and the
longevity of the coatings. They will wait as long as the Council was comfortable with. He
said that the first test was done in May of 2019. There were some hard water deposits on
the paint, but it has not affected the reduction in glare; nothing that the Council would find
objectionable.
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan
Magazine approve authorizing Ted Blank to lead volunteers in painting 20 bollard light
fixtures black as part of a pilot program to reduce glare from the lighting in Fountain Park;
and direct Mr. Blank and staff to report their findings and recommendations to the Town
Council upon completion of the pilot program.
Vote: 7 - 0 Passed - Unanimously
B.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of
Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or
pending before the State Legislature.
Mr. Miller said that this is the first meeting that they have had the Legislative Bulletins
included in the packet. There are a number of bills being tracked. He will not go into any,
but if Council has any in particular they would like to discuss or want staff to track, he
would ask that they indicate those.
He said that the purpose of this agenda item is for Council to be able to discuss legislation
as it moves quickly through the process. Sometimes Council may want to direct staff to
oppose or support pending legislation.
Councilmember Scharnow said that he read in the first bulletin a bill regarding the fuel tax
and the need to increase it to address transportation and road maintenance needs. He
asked if that bill was moving at all. Mr. Miller said that he has heard there will be some
movement because of the hybrids. Right now they are getting a break on vehicle
registration. There is talk of finding a way to recapture that through registration fees for
those types of vehicles because they still impact the roadways. He said that there is talk of
Regular Meeting of February 4, 2020 Page 5 of 7
something soon coming in the way of electric rigs and trucking vehicles. They would
continue the heavy weight still being on the highways but paying less into the fuel tax.
Mayor Dickey noted that if Councilmembers are not interested or able to attend the
telephonic meetings, they may want to be sure and receive the notes from those meetings
as they often include even more information than the bulletins. She said that there were two
bills she was keeping an eye on. One was the prime contracting bill (2404). The League
believes this will harm towns that do not have large building supply stores and could hurt
the state overall. At some point they may want to take a stand on that. She said that she
would like to know Councilmember Brown's thoughts at some point.
Also, there is a bill to extend the time limit on candidate signs from 60 days prior to the
election to 120 days. Based on the Gilbert case a few years ago they cannot regulate signs
based on content. This will has the potential for the proliferation of signs. They will want to
keep an eye on that one.
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.
Councilmember Magazine asked that when there are presentations that include small print,
they receive a hard copy as well so they are able to follow along.
Mayor Dickey reminded everyone that Stephanie is having a big vow renewal for
Valentine's Day at Fountain Park and they are hoping to break the world record.
10.ADJOURNMENT
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis
Brown to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held February 4, 2020, adjourned
at 6:25 p.m.
TOWN OF FOUNTAIN HILLS
______________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Burke, Town Clerk
Regular Meeting of February 4, 2020 Page 6 of 7
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 4th day of
February, 2020. I further certify that the meeting was duly called and that a quorum was present.
DATED this 18th day of February, 2020.
_________________________________
Elizabeth A. Burke, Town Clerk
Regular Meeting of February 4, 2020 Page 7 of 7
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: Randy Harrel, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Resolution
2020-06, abandonment of the 20' Public Utility and Drainage Easement at the northerly (rear), and
abandonment of the 10' Public Utility and Drainage Easement at the westerly side, both of Plat 403 B,
Block 2, Lot 8. (16807 E. Monterey Drive) as recorded in Book 159, page 11, records of Maricopa County,
Arizona. (EA 2020-01)
Staff Summary (Background)
Applicant: Peter Gray
Property Location: 16807 E. Monterey Drive
This item on the Town Council's agenda is a proposal to abandon the pre-incorporation 20' Public Utility
and Drainage Easement at the northerly (rear) edge, and to abandon the 10' Public Utility Easement and
Drainage Easement at the westerly side of, Plat 403 B, Block 2, Lot 8.
All the public utilities have approved the abandonment of this easement.
Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general
interest in the easement. There is no need for the Town to retain the drainage easement proposed to be
abandoned at these two edges of this property, with the understanding that the owner of the lot is
required to pass the developed flows generated by the upstream lots across his property.
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 Recommendation(s)
Staff recommends approval of Resolution 2020-06, abandonment of the PUE/DE easements on Plat
403B, Block 2, Lot 8.
SUGGESTED MOTION
MOVE to adopt Resolution 2020-06.
Attachments
Res 2020-06
Exhibit A Map
Vicinity Map
Aerial Photo
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Burke 02/06/2020 01:08 PM
Development Services Director John Wesley 02/06/2020 01:22 PM
Town Attorney Aaron D. Arnson 02/06/2020 06:34 PM
Town Manager Grady E. Miller 02/08/2020 07:36 PM
Form Started By: Randy Harrel Started On: 01/16/2020 06:09 PM
Final Approval Date: 02/08/2020
RESOLUTION 2020-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE,
OR INTEREST IT HAS IN THE 20’ PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED AT THE NORTHERLY (SIDE), AND ABANDON-
MENT OF THE 10’ PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE
WESTERLY (REAR), OF PLAT 403-B, BLOCK 2, LOT 8, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 159, OF MAPS,
PAGE 11
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way
within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easement, located at the side and rear
property lines of Plat 403-B, Block 2, Lot 8 (16807 East Monterey Drive) Fountain Hills, as recorded
the Office of the County Recorder of Maricopa County, Arizona, Book 159 of Maps, Page 11, are
hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to
lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by
the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no
way attempts to affect the rights of any private party to oppose the abandonment or assert any right
resulting there from or existing previous to any action by the Town.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 18th day
of February, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
_____
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
RESOLUTION 2020-06 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
______
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
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ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
the final plat of "Replat for Adero Canyon - Parcel 5", a 54 lot residential subdivision.
Staff Summary (Background)
Town Council approved the preliminary plat for "Adero Canyon, Phase 2" at the February 6, 2018
regular Town Council meeting. Parcel 5 is the next portion of this development ready for final plat
approval.
Parcel 5 is located immediately south of McDowell Mountain Preserve. Lots in this subdivision will be
accessed from Eagle Ridge Drive just before Eagle Ridge Drive enters the Preserve. As approved with
the preliminary plat, this subdivision contains 54 single residence lots.
Prior to recording of the Plat, staff will continue to work with the applicant to finalize the following
items:
Staff Approval of Civil (Paving, Grading, Signing, Retaining Wall Plans); Water System Master
Report; and Landscape Improvement Plans and Erosion Control Plans(the Water and Sewer Plans
have been approved).
Staff Approval of Drainage Report.
Dedication of revised Eagle Ridge Drive Phase II ROW.
Based on final staff review and approval of the items noted above, there could be minor changes to the
Plat as listed below. With Council approval, staff is authorized to make the following changes to the
Plat as needed:
Additional Easements or other minor modifications to the Final Plat determined to be needed
during completion of the Improvement Plan Review Process.
Any modifications to the Final Plat determined to be needed upon review and completion of the
Eagle Ridge Drive Map of Deduction. Any modifications (increases) to the currently posted
Construction Assurance amount.
Related Ordinance, Policy or Guiding Principle
Subdivision Ordinance Article 2 - Platting Procedures
Subdivision Ordinance Article 3 - Subdivision Design Principles & Standards
Subdivision Ordinance Article 4 - Public Improvement Requirements
Subdivision Ordinance Article 5 - Grading Standards
Subdivision Ordinance Article 6 - Landscaping Standards
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the final plat "Replat of Adero Canyon - Parcel 5."
SUGGESTED MOTION
MOVE to approve the final plat "Replat of Adero Canyon - Parcel 5" with the conditions listed in the
report.
Attachments
Vicinity Map
Final Plat
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 01/29/2020 02:53 PM
Form Started By: John Wesley Started On: 01/28/2020 07:51 AM
Final Approval Date: 01/29/2020
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ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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 Cultural Civic Association to serve
liquor in conjunction with the Fountain Hills Cultural Civic Association Member Appreciation event on
March 13, 2020.
Staff Summary (Background)
This is a special event liquor license application submitted by Mark Dalton representing the Fountain
Hills Cultural Civic Association. The special event liquor license is being obtained for the purpose of
serving liquor in conjunction with the Member Appreciation Event. 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 02/05/2020 01:28 PM
Town Attorney Aaron D. Arnson 02/05/2020 01:40 PM
Town Manager Grady E. Miller 02/05/2020 04:59 PM
Form Started By: Linda Ayres Started On: 01/24/2020 06:39 AM
Final Approval Date: 02/05/2020
ITEM
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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 Cultural Civic Association to serve
liquor in conjunction with the Fountain Hills Cultural Civic Association Member Appreciation event on
March 13, 2020.
Staff Summary (Background)
The purpose of this item is to obtain Council's approval regarding the special event liquor license
application submitted by Mark Dalton representing the Fountain Hills Cultural Civic Association for
submission to the Arizona Department of Liquor. This special event liquor license is being obtained for
the purpose of serving liquor in conjunction with the Member Appreciation event. 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
Form Review
Inbox Reviewed By Date
Linda Ayres 01/24/2020 06:39 AM
Form Started By: Linda Ayres Started On: 01/24/2020 06:39 AM
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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 Dark Sky Association to serve alcohol in
conjunction with the Dark Sky Festival on March 28, 2020.
Staff Summary (Background)
This is a special event liquor license application submitted by Scott Adams representing the Fountain
Hills Dark Sky Association for submission to the Arizona Department of Liquor. The special event liquor
license is being obtained for the purpose of serving alcohol in conjunction with the Dark Sky Festival.
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 02/05/2020 01:28 PM
Town Attorney Aaron D. Arnson 02/05/2020 01:40 PM
Town Manager Grady E. Miller 02/05/2020 05:27 PM
Form Started By: Linda Ayres Started On: 01/24/2020 07:17 AM
Final Approval Date: 02/05/2020
ITEM 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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 Fearless Kitty Rescue to serve alcohol in conjunction
with a fundraiser at the Fearless Kitty Rescue on May 8, 2020.
Staff Summary (Background)
This is a special event liquor license application submitted by Kim Kamins representing the Fearless Kitty
Rescue for submission to the Arizona Department of Liquor. The special event liquor license is being
obtained for the purpose of serving alcohol in conjunction with the organization's fundraising event. 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
G:\Special Events\Liquor Apps\2020
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 02/05/2020 01:28 PM
Town Attorney Aaron D. Arnson 02/05/2020 01:40 PM
Town Manager Grady E. Miller 02/05/2020 05:28 PM
Form Started By: Linda Ayres Started On: 01/29/2020 06:08 AM
Final Approval Date: 02/05/2020
ITEM 7. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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 Veterans Memorial for a beer garden in
conjunction with the Irish Fountain Fest on March 14, 2020.
Staff Summary (Background)
This is a special event liquor license application submitted by Sam Coffee representing the Fountain Hills
Veterans Memorial, Inc for submission to the Arizona Department of Liquor. The special event liquor
license is being obtained for the purpose of holding a beer garden in conjunction with the Irish Fountain
Fest. 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
Application
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 02/05/2020 01:28 PM
Town Attorney Aaron D. Arnson 02/05/2020 01:40 PM
Town Manager Grady E. Miller 02/05/2020 05:29 PM
Form Started By: Linda Ayres Started On: 01/29/2020 01:44 PM
Final Approval Date: 02/05/2020
ITEM 7. H.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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
Fair/Festival Liquor License application for the Desert Diamond Distillery for a beer/wine garden in
conjunction with the Thunderbirds Fine Art and Wine Festival on March 6-8, 2020
Staff Summary (Background)
This Fair/Festival Liquor License application has been submitted by John William Patt representing the
Desert Diamond Distillery for submission to the Arizona Department of Liquor. The special event liquor
license is being obtained for the purpose of holding a beer/wine garden in conjunction with the
Thunderbirds Fine Art and Wine Festival. 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 02/05/2020 01:28 PM
Town Attorney Aaron D. Arnson 02/05/2020 01:40 PM
Town Manager Grady E. Miller 02/05/2020 05:38 PM
Form Started By: Linda Ayres Started On: 02/04/2020 04:12 PM
Final Approval Date: 02/05/2020
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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): CONSIDERATION OF Ordinance
20-03 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.02
B., to allow indoor vehicle sales and rentals in the C-1 zoning district.
Staff Summary (Background)
An application has been filed by Vladimir J. Buer on behalf of Vets Auto Center requesting the Town's
Zoning Ordinance be amended to allow indoor sale of used automobiles and motorcycles. To evaluate
this proposed text amendment, staff reviewed the purpose and intent of the C-1 zoning district, the
current uses allowed in the C-1 zoning district, and zoning ordinances of surrounding communities.
Purpose and Intent of the C-1 Zoning District
Chapter 12 of the Town of Fountain Hills Zoning Ordinance establishes the commercial zoning districts
and associated regulations for the Town. This chapter establishes five commercial zoning districts
ranging from C-O, Commercial Office, zoning district allowing primarily office type uses, to the C-3,
General Commercial, zoning district which allows a wide range of indoor and outdoor commercial
activities. Each commercial zoning district has an intended purpose and allowed uses. The higher
intensity uses build on the lower intensity uses and a greater impact on the surrounding developments.
Section 12.01 C of the Zoning Ordinance establishes the following with regards to the C-1 zoning district:
C-1. Neighborhood Commercial and Professional Zoning District: The Neighborhood Commercial
and Professional District is established to provide a location for modest, well-designed
commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for
services to the community, which is not detrimental to the integrity of the surrounding
neighborhood, and to provide for the appropriate location of professional offices throughout the
community. The intent of this district is to integrate limited commercial activity and professional
offices throughout the community. The intent of this district is to integrate limited commercial
activity and professional offices with residential land uses in a climate favorable to both.
Particular attention is to be paid to the interface between commercial or professional uses and
the residential uses within the same neighborhood.
As can be seen from this purpose statement, the intent of the C-1 zoning district is to be a low impact
district, primarily serving the surrounding neighborhood, that can integrate into a surrounding
district, primarily serving the surrounding neighborhood, that can integrate into a surrounding
residential neighborhood. Uses allowed in this zoning district and the development standards
associated with this zoning district need to be in keeping with this intent.
Currently Allowed Uses
The C-1 zoning district currently allows a wide range of typically smaller commercial activities such as:
bakeries, child care centers, florists, gift shops, and photo studios. It also allows for some retail uses
that can be larger and have a greater impact such as: banks, dry-cleaners, food stores, hardware stores,
and pharmacies. In addition, the zoning ordinance provides some limits to the uses allowed in the C-1
zoning district to keep properties in this zoning district more compatible with adjacent residential uses.
These limitations include requiring approval by Council of a Special Use Permit for drive-in windows,
operation of commercial or professional activities between 11 p.m. and 7 a.m., outdoor seating, private
schools for vocational education, and retail gasoline sales.
Uses commonly associated with vehicle sales and services are currently provided for only in the C-2 and
C-3 zoning districts. Sales of vehicles are allowed by right in the C-3 zoning district and require approval
of a Special Use Permit in the C-2 zoning district. Vehicle sales facilities are typically excluded from
lower intensity zoning districts because they usually involve lights, noise, and traffic impacts that are
not compatible with residential properties.
Review of other Zoning Ordinances
In virtually all cities and towns, new and use car sales operations are allowed only in more intense
commercial and industrial zoning districts. As part of this review, staff looked at the zoning ordinances
of several surrounding jurisdictions and did not find any that allow auto sales in a zoning district
comparable to the Town's C-1 zoning district.
Analysis
While the typical vehicle dealership is a fairly intense operation that should be separated from
residential uses, there are some trends in the market to different means of selling vehicles. More
options are now available for purchasing vehicles on line. Some dealerships will have indoor
showrooms in strip centers such as the Tesla sales office in Kierland Commons in Scottsdale.
As outlined above, the C-1 zoning district is designed and intended to be for less intense uses that
typically serve a smaller geographic area and have minimal impact on an adjacent residential
neighborhood. That is why this zoning district does not allow outdoor uses and requires approval of a
special use permit for things such as drive-up windows, extended hours, and outdoor dining. If vehicle
sales are going to be allowed in the C-1 zoning district, it would need to be done in a way that does not
impact adjacent neighborhoods.
To address the potential impacts of vehicle sales in a C-1 zoning district, the applicant has included in
their proposed amendment that all display and sales occur indoors. The application also includes a
provision that the use not be allowed to provide any vehicle service work. Staff agrees these would be
important elements to consider to allow this use in the C-1 zoning district.
Another component that would be beneficial is to limit the area devoted to display, having a large
facility could generate traffic out of scale with a residential area. The applicant has suggested that such
businesses be limited to a maximum of 20 vehicles. It would be hard to regulate on the number of
vehicles; it will be easier to set a maximum floor area for display. Given approximately 300 sq. ft. of
floor area per vehicle, this would require a display area of approximately 6,000 sq. ft. This is about twice
floor area per vehicle, this would require a display area of approximately 6,000 sq. ft. This is about twice
the size of a typical fast food restaurant and a little smaller than the Discount Tire Store on Shea. Staff is
suggesting that the display area should be limited to something around 5,000 square-feet.
A final additional standard that may be important to insuring a fit with an adjacent residential area
would be to limit the evening hours of operation. Currently, uses in the C-1 district are cannot open
before 7 a.m. and must close by 11 p.m. While the display will be indoors, vehicles will be delivered and
people may take them on test drives. This is added noise that may be incompatible with an adjacent
residential area. Staff suggests limiting the hours of operation on Sunday through Thursday nights to 9
p.m.
Related Ordinance, Policy or Guiding Principle
General Plan 2010, Chapter 3 - includes goals and policies related to improving use of existing
commercial property and being creative in attracting small and medium-sized businesses. This chapter
also include policies regarding the importance of protecting residential neighborhoods from
incompatible uses.
Zoning Ordinance, Chapter 12, Sections 12.02 - 12.06 - lists the uses permitted and those requiring
Special Use Permits in each of the commercial zoning districts.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission considered this item at their January 23, 2020, meeting. The
Commission considered the potential impacts of the proposed use on surrounding properties. Through
their discussions, they agreed on and have recommended approval with a maximum display area of
5,000 sq. ft., a limitation on operating hours to 9:00 pm every night, and a prohibition on overnight
parking. These recommendations have been included in the ordinance.
Staff Recommendation(s)
Staff recommends approval of the proposed text amendment with the Commission's determination
regarding maximum size of display area, limiting hours of operation, and prohibiting overnight parking.
SUGGESTED MOTION
MOVE to approve Ordinance 20-03.
Attachments
Draft Ordinance
Narrative
Application
Ordinance 20-03
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 02/04/2020 08:32 AM
Development Services Director (Originator)John Wesley 02/04/2020 08:32 AM
Form Started By: John Wesley Started On: 01/27/2020 07:52 AM
Final Approval Date: 02/04/2020
ORDINANCE NO. 20-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING
ORDINANCE, CHAPTER 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.02 B,
ADDING A NEW SUBSECTION 12.02 B. 4. ALLOWING NEW AND USED VEHICLE
SALES IN THE C-1 ZONING DISTRICT, AND ESTABLISHING CRITERIA FOR THIS
USE.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for
the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
12, Commercial Zoning Districts, by adding a new Subsection to 12.02 B. to provide for new and
used automobile sales in the C -1 zoning district; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the January 8, 2020 and
January 15, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on January 23, 2020 and by the Town Council on February 18, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 12, (Commercial Zoning Districts ), is
amended by adding a new Subsection 12.02 B. 4., is hereby added as follows :
4. SALE OF N EW AND USED AUTOMOBILES, GOLF CARTS, ALL-TERRAIN
VEHICLES, AND MOTORCYCLES ARE PERMITTED IN THE C-1 ZONING
DISTRICT, PROVIDED ALL THE FOLLOWING CONDITIONS ARE MET:
a. ALL DISPLAY OF INVENTORY AND MERCHANDISE IS
COMPLETELY WITHIN AN ENCLOSED BUILDING, WITHOUT
OUTDOOR DISPLAY OF ANY VEHICLE;
b. ALL SALES ACTIVITIES OCCUR WITHIN THE BUILDING;
c. NO WASHING, MAINTENANCE, OR SER VICE WORK IS
PERFORMED ON THE VEHICLES ON SITE;
d. THE MAXIMUM AREA DEVOTED TO DISPLAY OF VEHCILES
DOES NOT EXCEED ______ SQUARE FEET; AND,
e. THE BUSINESS IS CLOSED BY __ P.M. SUNDAY THROUGH
THURSDAY.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out
the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona,_______.
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
ORDINANCE NO. 20-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING
ORDINANCE, CHAPTER 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.02 B,
ADDING A NEW SUBSECTION 12.02 B. 4. ALLOWING NEW AND USED VEHICLE
SALES IN THE C-1 ZONING DISTRICT, AND ESTABLISHING CRITERIA FOR THIS
USE.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for
the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
12, Commercial Zoning Districts, by adding a new Subsection to 12.02 B. to provide for new and
used automobile sales in the C -1 zoning district; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the January 8, 2020 and
January 15, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on January 23, 2020 and by the Town Council on February 18, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 12, (Commercial Zoning Districts ), is
amended by adding a new Subsection 12.02 B. 4., is hereby added as follows :
4. SALE OF N EW AND USED AUTOMOBILES, GOLF CARTS, ALL-TERRAIN
VEHICLES, AND MOTORCYCLES ARE PERMITTED IN THE C-1 ZONING
DISTRICT, PROVIDED ALL THE FOLLOWING CONDITIONS ARE MET:
a. ALL DISPLAY OF INVENTORY AND MERCHANDISE IS
COMPLETELY WITHIN AN ENCLOSED BUILDING, WITHOUT
OUTDOOR DISPLAY OF ANY VEHICLE;
b. ALL SALES ACTIVITIES OCCUR WITHIN THE BUILDING;
c. NO WASHING, MAINTENANCE, OR SER VICE WORK IS
PERFORMED ON THE VEHICLES ON SITE;
d. THE MAXIMUM AREA DEVOTED TO DISPLAY OF VEHCILES
DOES NOT EXCEED 5,000 SQUARE FEET;
e. THE BUSINESS IS CLOSED BY 9 P.M.; AND,
f. MAY NOT HAVE OVERNIGHT PARKING.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out
the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona,_______.
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
From:Bernie Sonenschein
To:John Wesley
Subject:vfw
Date:Wednesday, February 5, 2020 5:53:42 PM
This message originated from an External Source. Do not click links or open attachments unless you have
verified the sender and know the content is safe.
Thank you for chatting with me this afternoon. Although
my thoughts are still with not granting the zoning change.
I still believe it is not a proper fit for the neighborhood. I
would consider these stipulations for the VFW
Consignment store.
1. Weekday hours 9-7. Saturdays and Sundays 10-5
2. No examinations of vehicles outside of the suite i.e.
opening and closing hoods, trunk lids, and doors. No
engine revving or horn testing.
3. No test drives on Monterrey or the community streets
that connect to Monterrey: Rockwood, Kensington,
Sonoran Way, Hillcrest, and Sunrise Circle. Test drive
must use Saguaro and Shea only.
Bernie
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Raymond Rees, Facillities/Environmental Supervisor
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF a
Cooperative Purchasing Agreement with Riddle Painting & Coatings, Co. for painting the buildings in
the Civic Center Complex.
Staff Summary (Background)
The community center, library and museum are scheduled to be painted as part of the reserve analysis
the Town conducted in September 2015. The last time the buildings were painted was in 2007. It has
been approximately 13 years since the buildings have been painted and that is beyond the life
expectancy of paint that was applied at the time. The cost of the proposed Civic Center painting project
is $190,283.98, which will include the community center and library/museum buildings, all site walls,
window frames, doors, light poles, and monument stands.
The proposed library interior painting project is $20,887.08. At the time of this submitted report staff
was awaiting to hear from the Friends of the Library on what contributions the organization may be
making on behalf of the library for cost sharing. A proposal for the entire amount of the interior
painting project was presented to the Friends of the Library for consideration.
The funding for the painting project will come from the Capital Facilities Replacement Program. Each
year the Town Council appropriates funding through the annual budget process in this reserve for the
purpose of maintaining critical town infrastructure and equipment other than streets and sidewalks.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Not painting the buildings will result in deterioration of the existing paint and compromise the stucco
finish on the buildings.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the cooperative purchasing agreement with Riddle Painting & Coatings,
Co.
SUGGESTED MOTION
MOVE to approve the contract with Riddle Painting and Coatings, Co.
Fiscal Impact
Fiscal Impact:$211,172
Budget Reference:
Funding Source:Facilities Replacement Fund
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
CPA 2020-059
Painting quote
Library project
Monument signs
Civic Center (1)
Civic Center (2)
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 02/06/2020 05:54 AM
Town Attorney Aaron D. Arnson 02/06/2020 08:08 AM
Town Manager Grady E. Miller 02/08/2020 08:07 PM
Form Started By: Raymond Rees Started On: 02/05/2020 01:54 PM
Final Approval Date: 02/08/2020
Phone:602.721.3325
Prepared by:Eddie Serna
Line #Product Sub Straight Coats B&R Spray Sqf. / Lf.Total
4-603/05 PERMA-CRETE Stucco 2 $0.42 123029 $51,672.18
98-100/01 AQUAPON WB S/G EPOXY-COMP B Par-Pits 2 $0.81 21350 $17,293.50
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ADDITIONAL PRICING Sub Straight Qty./L.F.
PWL Light Stucco 1 $0.05 144379 $7,218.95
MD 1 Prime Both Sides Door & Frame Doors & Frames 1 $40.00 57 $2,280.00
MD 1 DTM Both Sides Door & Frame Doors & Frames 2 $80.00 75 $6,000.00
STEN 1 Alphadtic Urethane1" to 10"Letters 2 $12.50 55 $687.50
PB 1 DTM Pipe Bollards Pipe Bollards 2 $50.00 11 $550.00
WIF 6 DTM 6' High Gates 2 $7.00 76 $532.00
OD 1 DTM 10X10 Roll up Doors 2 $175.00 3 $525.00
HMW 3 Prime 1'x3'Window Frames 2 $12.50 12 $150.00
HMW 3 DTM 1'x3'Window Frames 2 $18.00 12 $216.00
HMW 11 Prime 2'x2'Window Frames 2 $12.50 184 $2,300.00
HMW 11DTM 2'x2'Window Frames 2 $25.00 184 $4,600.00
HMW 12 Prime 2'x3'Window Frames 2 $16.00 138 $2,208.00
HMW 12 DTM 2'x3'Window Frames 2 $32.00 138 $4,416.00
HMW 13 Prime 2'x4'Window Frames 2 $19.00 132 $2,508.00
HMW 13 DTM 2'x4'Window Frames 2 $38.00 132 $5,016.00
HMW 15 Prime 2'x6'Window Frames 2 $25.00 22 $550.00
HMW 15 DTM 2'x6'Window Frames 2 $50.00 22 $1,100.00
HMW 20 Prime 3'x3'Window Frames 2 $19.00 12 $228.00
HMW 20 DTM 3'x3'Window Frames 2 $38.00 12 $456.00
HMW 24 Prime 3'x7'Window Frames 2 $31.50 12 $378.00
HMW 24 DTM 3'x7'Window Frames 2 $63.00 12 $756.00
HMW 28 Prime 4'x4'Window Frames 2 $25.50 38 $969.00
HMW 28 DTM 4'x4'Window Frames 2 $51.00 38 $1,938.00
HMW 31 Prime 4'x7'Window Frames 2 $49.00 19 $931.00
HMW 31 DTM 4'x7'Window Frames 2 $69.00 19 $1,311.00
CP 1 Prime Canopy Poles Per LF.Canopies 2 $2.00 2345 $4,690.00
CP 1 DTM Canopy Poles Per LF.Canopies 2 $4.00 2345 $9,380.00
SIB 1 Prime Steal I-Beams Light Poles 2 $2.50 1335 $3,337.50
SIB 1 DTM Steal I-Beams Light Poles 2 $5.00 1335 $6,675.00
$0.00
$0.00
$0.00
Men Days State Rate Total
Foreman Lodging 100 $0.00
Foreman MI&E 44 $0.00
Day Week Month Unit Price Total
85' Gas 85' Gas Boom Man Lift 4 $8,861.00 $35,444.00
40' Elect 40'Electric Boom Scissor Lift 3 $2,733.35 $8,200.05
60' Gas 60' Gas Boom Other 1 $4,592.30 $4,592.30
Prepared By:Eddie Serna $189,108.98
Sales Tax 0.00%$0.00
$189,108.98
Bond*2.55%$0.00
$0.00
$189,108.98Project Total
* Bonds are optional. Performance and Payment bonds are available upon request
and are charged to the member.
Contingency Monies
Subtotal
Taxable Amount
Project: Exterior/Windows/Light Poles/Parking Canopies/Sight Walls
Phone: (602) 277-3461
Fax: (602) 266-8470 Fax / E-mail:rrees@fh.az.gov
Unit Price:
MOHAVE BID
MOHAVE CONTRACT: 15E-Riddle-0403
Town of Fountain Hills
Community Center/Museum/Library
12901 N La Mintana Dr. Fountain Hills Az. 85268
ATTN:Raymond ReesRIDDLE PAINTING & COATINGS, CO.
5922 N. Black Canyon Hwy.
Phoenix, AZ. 85017 Date:10/01/19
Phone:602.721.3325
Prepared by:Eddie Serna
Line #Product Sub Straight Coats B&R Spray Sqf. / Lf.Total
6-4900/05 SPEEDHIDE ZERO INTERIOR QUICK DRY SEALER Drywall 1 $0.19 29626 $5,628.94
6-4310/05 SPEEDHIDE ZERO INTERIOR EGGSHELL Drywall 2 $0.38 29626 $11,257.88
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ADDITIONAL PRICING Sub Straight Qty./L.F.
ELC Minor Drywall Repairs Drywall 1 $35.00 60 $2,100.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Men Days State Rate Total
Foreman Lodging 100 $0.00
Foreman MI&E 44 $0.00
Day Week Month Unit Price Total
Man Lift $0.00
32' Scissor Scissor Lift 3 $633.42 $1,900.26
Other $0.00
Prepared By:Eddie Serna $20,887.08
Sales Tax 0.00%$0.00
$20,887.08
Bond*2.55%$0.00
$0.00
$20,887.08
ATTN:Raymond ReesRIDDLE PAINTING & COATINGS, CO.
5922 N. Black Canyon Hwy.
Phoenix, AZ. 85017 Date:10/01/19
Taxable Amount
Project: Library Interior
Phone: (602) 277-3461
Fax: (602) 266-8470 Fax / E-mail:rrees@fh.az.gov
Unit Price:
MOHAVE BID
MOHAVE CONTRACT: 15E-Riddle-0403
Town of Fountain Hills
Library
12901 N La Mintana Dr. Fountain Hills Az. 85268
Project Total
* Bonds are optional. Performance and Payment bonds are available upon request
and are charged to the member.
Contingency Monies
Subtotal
Phone:602.721.3325
Prepared by:Eddie Serna
Line #Product Sub Straight Coats B&R Spray Sqf. / Lf.Total
4-603/05 PERMA-CRETE Stucco 2 $0.42 2500 $1,050.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ADDITIONAL PRICING Sub Straight Qty./L.F.
PWL Light Stucco 1 $0.05 2500 $125.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Men Days State Rate Total
Foreman Lodging 100 $0.00
Foreman MI&E 44 $0.00
Day Week Month Unit Price Total
Man Lift $0.00
Scissor Lift $0.00
Other $0.00
Prepared By:Eddie Serna $1,175.00
Sales Tax 0.00%$0.00
$1,175.00
Bond*2.55%$0.00
$0.00
$1,175.00Project Total
* Bonds are optional. Performance and Payment bonds are available upon request
and are charged to the member.
Contingency Monies
Subtotal
Taxable Amount
Project: Monument Signs
Phone: (602) 277-3461
Fax: (602) 266-8470 Fax / E-mail:rrees@fh.az.gov
Unit Price:
MOHAVE BID
MOHAVE CONTRACT: 15E-Riddle-0403
Town of Fountain Hills
Community Center/Museum/Library
12901 N La Mintana Dr. Fountain Hills Az. 85268
ATTN:Raymond ReesRIDDLE PAINTING & COATINGS, CO.
5922 N. Black Canyon Hwy.
Phoenix, AZ. 85017 Date:10/01/19
City of Fountain Hills - View 1-3: VIEW 1Computer monitors and printers vary in color interpretation.Please consult a PPG Paints fan deck or paint chips to verify color.Previews®
City of Fountain Hills - View 1-3: VIEW 1
Previews®
Computer monitors and printers vary in color interpretation.
Please consult a PPG Paints fan deck or paint chips to verify color.
Base A
Body 4 A
Entry A
SAUTEED MUSHROOM PPG1085-5
Body 1 A
Swiss Coffee 50YY 83/057
Body 2 A
Body 3 A
KANGAROO PPG1078-4
Body 5 A
Window Frame A
TOASTED ALMOND PPG1097-3
City of Fountain Hills - View 1-3: VIEW 2Computer monitors and printers vary in color interpretation.Please consult a PPG Paints fan deck or paint chips to verify color.Previews®
City of Fountain Hills - View 1-3: VIEW 2
Previews®
Computer monitors and printers vary in color interpretation.
Please consult a PPG Paints fan deck or paint chips to verify color.
Base B
Body 4 B
Body 5 B
Entry B
Entry Trim B
SAUTEED MUSHROOM PPG1085-5
Body 1 B
Swiss Coffee 50YY 83/057
Body 3 B
KANGAROO PPG1078-4
Body 6 B
Half Column B
Window Accent B
Window Frame B
TOASTED ALMOND PPG1097-3
City of Fountain Hills - View 1-3: VIEW 3Computer monitors and printers vary in color interpretation.Please consult a PPG Paints fan deck or paint chips to verify color.Previews®
City of Fountain Hills - View 1-3: VIEW 3
Previews®
Computer monitors and printers vary in color interpretation.
Please consult a PPG Paints fan deck or paint chips to verify color.
Body 1 C
KANGAROO PPG1078-4
Body 2 C
TOASTED ALMOND PPG1097-3
Door 2 C
Door Trim 1 C
Door Trim 2 C
Gate C
Window Frame 2 C
Swiss Coffee 50YY 83/057
Entry C
Wall C
SAUTEED MUSHROOM PPG1085-5
City of Fountain Hills - View 4-6: VIEW 4Computer monitors and printers vary in color interpretation.Please consult a PPG Paints fan deck or paint chips to verify color.Previews®
City of Fountain Hills - View 4-6: VIEW 4
Previews®
Computer monitors and printers vary in color interpretation.
Please consult a PPG Paints fan deck or paint chips to verify color.
Body 1 D
TOASTED ALMOND PPG1097-3
Body 2 D
Swiss Coffee 50YY 83/057
Body 3 D
Entry D
SAUTEED MUSHROOM PPG1085-5
Door D
Door Trim D
Window Frame D
KANGAROO PPG1078-4
City of Fountain Hills - View 4-6: VIEW 5Computer monitors and printers vary in color interpretation.Please consult a PPG Paints fan deck or paint chips to verify color.Previews®
City of Fountain Hills - View 4-6: VIEW 5
Previews®
Computer monitors and printers vary in color interpretation.
Please consult a PPG Paints fan deck or paint chips to verify color.
Body 1 E
Entry E
SAUTEED MUSHROOM PPG1085-5
Body 2 E
Swiss Coffee 50YY 83/057
Body 3 E
TOASTED ALMOND PPG1097-3
Door E
Door Trim E
Window Frame E
KANGAROO PPG1078-4
City of Fountain Hills - View 4-6: VIEW 6Computer monitors and printers vary in color interpretation.Please consult a PPG Paints fan deck or paint chips to verify color.Previews®
City of Fountain Hills - View 4-6: VIEW 6
Previews®
Computer monitors and printers vary in color interpretation.
Please consult a PPG Paints fan deck or paint chips to verify color.
Body 1
Column
Entry
SAUTEED MUSHROOM PPG1085-5
Body 2
Swiss Coffee 50YY 83/057
Body 3
TOASTED ALMOND PPG1097-3
Body 4
Door
Door Trim
Window Frame
KANGAROO PPG1078-4
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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 purchase agreement for the sale of former Fire Station No. 2.
Staff Summary (Background)
To improve response times for fire and emergency medical services, the Town Council voted to relocate
Fire Station No. 2 from its previous location at 16821 E Saguaro Boulevard to Fountain Hills Boulevard,
north of Shea. In February of 2019, the new Fire Station No.2 officially opened and began operations.
After a thorough review of options pertaining to the former fire station, the Town Council directed staff
to sell the property. As a result, staff initiated a Notice of Intent to sell real property and a Call for Bids
was published on August 7, 8, 14 and 15, 2019. The town received and opened one bid on October 14,
2019, for $410,000. After review and consideration, the bid was rejected as non-responsive as it was
below the minimum bid amount of $600,000 stated in the bid specifications. After rejecting the
non-responsive bid, staff was directed to remove the minimum bid requirement in the second Notice of
Intent to sell real property. The Call for Bids was published on November 13, 14, 20 and 21, 2019. The
town received two sealed bids and opened them publicly on December 9, 2019. The first bid consisted
of $375,900 while the second bid was for $420,200.
In accordance with the bid documents, a Notice of Award intent to sell was delivered to the
successful bidder on January 21, 2019. After making contact with the prospective buyers of the property,
the Town received a deposit of $42,020. The escrow process was established on January 27, 2019.
Assuming Town Council approves the purchase agreement, staff will coordinate the closing with the title
company and the prospective buyers of the property. The proceeds from the sale of Fire Station No.
2 will be deposited into the town's Capital Fund and utilized for future capital improvement projects.
Related Ordinance, Policy or Guiding Principle
Arizona Revised Statutes § 9-402.
Sale and disposition of property; advertising for bids; publication; donation; easements
A. A city or town may sell and convey all or any part of its real or personal property, whether or not the
property is devoted exclusively to public use.
B. The sale shall not be made until an invitation for bids for the purchase of the property has been
published as provided by section 39-204 and notice has been posted in three or more public places
within the city or town.
C. If no newspaper is published within the city or town, then the invitation for bids shall be published as
provided by section 39-204, and by posting notices for bidders in three or more public places within the
city or town.
Risk Analysis
Not approving the sale of the fire station property will result in additional operating and maintenance
costs.
Recommendation(s) by Board(s) or Commission(s)
NA
Staff Recommendation(s)
Staff recommends approval of the purchase agreement for $420,200, for the sale of former Fire Station
No. 2 located at 16821 E. Saguaro Boulevard.
SUGGESTED MOTION
MOVE to approve the purchase agreement for the sale of former Fire Station No. 2 in the amount of
$420,200.
Attachments
Larson Bid Documents
Notice of Intent to sell
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Elizabeth A. Burke 02/06/2020 06:13 AM
Town Attorney Aaron D. Arnson 02/06/2020 08:10 AM
Town Manager Grady E. Miller 02/08/2020 09:05 PM
Form Started By: Justin Weldy Started On: 01/27/2020 06:15 AM
Final Approval Date: 02/08/2020
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
NOTICE OF AWARD
DATE: January 21, 2020
TO: Jeffrey A. and Teri L. Larson
Subject: NOTICE OF AWARD
Project Name: Former Fire Station No. 2, Intent to Sell
Solicitation Number: PW 2019-018
Contract No. PW 2019-018
This letter serves as NOTICE OF AWARD with respect to above-referenced Notice of Intent to Sell Real
Property and Invitation for Bids.
A contract for purchase of the subject property is enclosed with this letter. Pursuant to the bid documents
that you received and acknowledged, you must: (1) sign and return the enclosed contract and Notice of
Award and (2) deposit the amount of $42,020.00 as earnest money with the Town. The payment may be
made in the form of a check to the Town of Fountain Hills. The signed contract and earnest money must
be received no later than close of business on Tuesday, January 28, 2020.
We anticipate that the formal acceptance of this contract will go before the Town Council at their regular
meeting on Tuesday, February 4, 2020, after which a cash payment of the balance will be due in
accordance with the bid documents. If you have any questions, please contact me at 602-721-2646
Sincerely,
Justin T. Weldy
Public Works Director
Town of Fountain Hills
Public Works
Department
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
ACCEPTANCE OF NOTICE
Receipt of the foregoing NOTICE OF AWARD is hereby acknowledged this ______ day of __________,
2020.
By
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 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 Approval
to Redesign and Paint the Mural Wall Located at Fountain Park.
Staff Summary (Background)
The Mural Wall, also known as the pump house wall, is located at Fountain Park, adjacent to the
fountain pump station. The wall serves as a functional art element by keeping the pump station secure
as well as visually enhancing the area with custom artwork. The previous mural was in need of repair
due to fading and natural deterioration. With the support of the Public Art Committee, the mural
wall was stripped and primed in December of 2019.
With the help of several volunteers and students from Fountain Hills High School, a new mural has been
designed and unanimously approved by the Public Art Committee. If approved by Town Council, the
new mural would be applied and painted in March, 2020. The mural will consist of a butterfly theme
and painted with exterior acrylic paint at a cost of approximately $2,500 with funding from the Arizona
Tax Credit Payments collected by the Fountain Hills High School Art Department. The mural will be
painted as a group effort with participation from the Public Art Committee and Fountain Hills High
School Art Students.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Public Art Committee Recommends Approval.
Staff Recommendation(s)
Approval.
SUGGESTED MOTION
MOVE to Approve the Recommendation from the Art Committee to Update the Mural Wall Located at
Fountain Park.
Attachments
Mural Wall Proposal
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 02/05/2020 02:12 PM
Town Attorney Aaron D. Arnson 02/06/2020 08:09 AM
Town Manager Grady E. Miller 02/08/2020 07:33 PM
Form Started By: Jamie Salentine Started On: 02/04/2020 02:31 PM
Final Approval Date: 02/08/2020
Mural Wall Proposal
Location: 300’ x 6’ Pumphouse Wall
Materials: Exterior Acrylic Paint
Time: March 18th
Cost: Approximately $2,500 from Tax Credit Payments
to the Fountain Hills High School Art Department
Submitted by:
Jenny Willigrod, Public Art Committee Co-Chair
Karla Primosch, Art Instructor and Designer
Courtney Larson, Designer
Lisa Ristuccia, Consultant
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Randy Harrel, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF a
Professional Service Agreement (#2020-063) with Kimley-Horn for $157,453 for the: (1) Design Concept
Report for the "Shea Boulevard Widening from Technology Drive to Palisades Blvd." project, in the
amount of $115,778 (using 70% MAG ALCP reimbursement funding), and (2) Concept Design for the
"Saguaro Boulevard Frontage Road - Panorama Drive to Colony Drive - Improvement District
Development" in the amount of $41,675.
Staff Summary (Background)
Shea Blvd. Widening (Technology Dr. to Palisades Blvd.):
This project will provide a design concept report (DCR) for widening the two traffic lane segments of
Shea Blvd., to three traffic lanes plus a bike lane. Those major segments are:
* EB: from East of Palisades Blvd. to west of Technology Drive
* WB: from West of Technology Drive to east of Fountain Hills Blvd. (FHB)
Construction work will include substantial cut and fill sections. It will also include culvert extensions,
roadway drainage, curb and gutter, sidewalk (eastbound, from east of Fountain Hills Blvd. to west of
Technology Drive only), guardrail, intersection widening (if needed), traffic signal conduit, landscaping,
and irrigation.
The DCR will include new aerial contour mapping, traffic data collection and evaluation at the
Shea/Palisades and Shea/FHB intersections, geotechnical investigations, two conceptual alternatives,
and project cost estimate.
Project funding includes Town CIP (project S6058) funding of $40,000, plus (70%) reimbursement
funding from the Maricopa Association of Governments' Arterial Life Cycle Program (MAG ALCP,
1/2-cent sales tax), which is currently programed for up to $150,000 for pre-design work. (Note: The
Town's CIP budget anticipates using $90,000 of this funding for this project; excess MAG ALCP funds will
be shifted to subsequent MAG ALCP project phases).
Kimley-Horn's subconsultants for this project are RLF Consulting (aerial mapping), RAMM (geotechnical),
and Field Data Services of Arizona (traffic counts).
Since the total available MAG ALCP funding (and/or available Town funding) may not be sufficient to
fund the complete Shea Blvd. widening construction, the DCR will also include potential
phasing/prioritization of the work.
Saguaro Blvd. Frontage Road (Panorama Drive to Colony Drive) - Improvement District Development:
This project will provide a Concept Design to eliminate this existing frontage road, suitable for eventual
Improvement District design/construction funding. Eliminating the frontage road will provide joint,
direct driveway access to Saguaro Blvd., additional lot areas (allowing potential future building
expansions), additional parking spaces within the additional lot areas, areas for higher visibility signage,
a frontage sidewalk, and a coordinated, irrigated landscape palette.
Appurtenant construction work will include roadway turn pockets, driveway and parking extensions to
each lot, a meandering frontage sidewalk, landscaping, and irrigation.
The Concept Design will include scalable aerial imagery from Nearmap (no new contour mapping), two
alternatives, and cost estimates.
The work includes substantial public involvement and stakeholder coordination, including meetings with
individual business owners, property owner/tenant meetings, and a public meeting. Kimley-Horn's
subconsultant, MakPro Services, will handle the public and owner/tenant meetings.
The Concept Design will be funded by the Town's CIP Contingency line item. ($41,675 for this project,
out of the $152,250 budgeted for FY19-20 for the Contingency line item). It is anticipated that the
Design and Construction of this project will be funded by an Improvement District (to be formed),
potentially supplemented by Town CIP funding for the meandering frontage sidewalk.
ATTACHMENTS: Vicinity Map; Shea Blvd.Roadway Widening Project Map; Saguaro Blvd. Frontage Road
Elimination - Concept Plan PSA 2020-063, with 2 KHA Proposal attachments.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Not proceeding with the portion of PSA 2020-063 for the Shea Blvd. Widening project puts $2,172,000 in
70% MAG ALCP grant funding in jeopardy, since that funding must be utilized for this project's DCR,
design, R/W acquisition, and construction by FFY 2026.
This project portion is currently funded in the FFY 2020 MAG ALCP (per the 10-23-19 ALCP Program
Booklet), for:
* Pre-design (i.e. this DCR) in FFY 2020 for $0.15 M;
* Design in FFY 2022 for $0.445 M;
* Right-of-way acquisition in FFY 2022 for $0.135 M
* Construction in FFY 2023 for $1.442 M
Total ALCP Funding Available = $2.172 M
Note: The Town's CIP does not currently show any funding past FY 2019-20, pending the results of this
Design Study.
FFY= Federal Fiscal Year, which begins on Oct.1 of the year before the named year, through Sept. 30 of
the named year.
Surplus, unutilized funds in the ALCP can normally be shifted into a later project phase and year, upon
request.
The MAG ALCP program ends after FFY 2026, so presumably all funds will need to used by then.)
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of a Professional Services Agreement (PSA 2020-063) with Kimley-Horn for
$157,453 for the:
(1) Design Concept Report for the "Shea Blvd. Widening from Technology Drive to Palisades Blvd.", in
the amount of $115,778 (using 70% MAG RTP reimbursement funding), and
(2) Concept Design for the "Saguaro Boulevard Frontage Road - Panorama Drive to Colony Drive -
Improvement District Development", in the amount of $41,675.
SUGGESTED MOTION
MOVE to approve a Professional Service Agreement (PSA 2020-063) with Kimley-Horn for $157,453, for
the:
(1) Design Concept Report for the "Shea Blvd. Widening from Technology Drive to Palisades Blvd,"for
$115,778 (using 70% MAG RTP reimbursement funding), and a
(2) Concept Design for the "Saguaro Boulevard Frontage Road - Panorama Drive to Colony Drive -
Improvement District Development", in the amount of $41,675.
Fiscal Impact
Fiscal Impact:$115,778 and $41,675
Budget Reference:page 392-3 and 346
Funding Source:Capital Project Fund
If Multiple Funds utilized, list here:Grant Fund
Budgeted: if No, attach Budget Adjustment Form:Yes
Attachments
Vicinity Map - Shea Widening and Saguaro Frontage Rd Elim
Shea Widening Map
Saguaro Frontage Rd Elim Map
PSA, scope & fee for Shea DCR
Saguaro service road scope & fee
Contract
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 02/07/2020 12:01 PM
Town Attorney Aaron D. Arnson 02/07/2020 12:50 PM
Town Manager Grady E. Miller 02/08/2020 07:46 PM
Form Started By: Randy Harrel Started On: 01/21/2020 12:25 PM
Final Approval Date: 02/08/2020
VICINITY MAP
TOWN OF FOUNTAIN HILLS
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TECHNOLOGY DRPALISADES BLVDSAGUAROBLVDBEELIN
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Shea Blvd Roadway WideningShea Blvd Roadway Widening TECHNOLOGYDRSHEA BLVD ROADWAY WIDENING - PROJECT MAP
SAGUARO BLVD (PANORAMA - COLONY)FRONTAGE ROAD ELIMINATION / DIRECT LOTACCESSSAGUARO BLVDHAWK DR
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
December 5, 2019
Mr. Justin Weldy
Public Works Director
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Re:Shea Boulevard Widening from Technology Drive to Palisades Boulevard
DCR Scope and Fee Proposal
Dear Mr. Weldy:
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this
letter agreement (the “Agreement”) to the Town of Fountain Hills (“Client” or “Town”) for the
development of a Design Concept Report (“DCR”) for the widening of Shea Boulevard from
Technology Drive to Palisades Boulevard.
Project Understanding
Shea Boulevard is currently three lanes in each direction separated by a raised median
throughout the majority of the Town of Fountain Hills. Shea Boulevard has not currently
been widened in one or both directions from MCDOT’s pre-incorporation two travel lanes
each way within the project length, and portions of the southern 100-ft of right-of-way have
been abandoned to Firecrock Country Club (with some easement granted) from Technology
Drive to Palisades Boulevard (eastbound). Restrictive cut and fill slopes occur on the north
and south sides of the roadway. The Town has requested the services of Kimley-Horn to
develop a DCR which analyzes options to widen Shea Boulevard to three lanes in each
direction with bike lanes and sidewalk through this segment. As a part of this process, the
Town has requested that Kimley-Horn develop a construction cost estimate that the Town
can use to plan for budgeting this project for future construction. The project is funded
through the Maricopa Association of Governments Arterial Lifecycle Program for $150,000.
It is anticipated that available MAG ALCP (70%) funding plus Town matching funds may not
be adequate to complete the full project, or that Town matching funds may not be available
for a full single project. The project will include a potential phasing/prioritization of the work.
Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 1. – Project Management and Meetings
a. Project management includes contract management and internal meetings with staff.
This task coordinates and administers the day-to-day operations of the project,
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including organizing and filing project data and communication files, responding to
project correspondence including emails, performance of monthly budget updates,
and schedule monitoring. This task also includes the management of sub-
consultants, and interfacing and communication determined to be reasonably
necessary to keep stakeholders informed.
b. Kimley-Horn will submit bi-weekly progress reports to the Town’s Project Manager
summarizing tasks in progress, upcoming scheduled tasks, and identified design
issues.
c. This task includes the preparation of monthly invoices to the Town for services
performed.
d. Kimley-Horn will attend one (1) Project Kickoff Meeting, which will be scheduled
following the receipt of Notice to Proceed (NTP). The Project Kickoff Meeting will be
held at the Town’s offices and will be scheduled in coordination with Town staff.
Kimley-Horn will be responsible for preparing the kick-off meeting agenda, sign-in
sheet, presentation, handout material, attending and facilitating the kick-off meeting,
and submitting notes of the meeting to the Town.
e. Kimley-Horn will attend up to four (4) Project Progress Meetings. Project progress
meetings may be in the form of design review meetings or comment resolution
meetings. Meetings will be at the Town offices and will be scheduled at the request
of the Town. Kimley-Horn will be responsible for preparing the meeting agenda, sign-
in sheet, presentation, handout material, attending and facilitating the meeting, and
submitting notes of the meeting to the Town.
f. Kimley-Horn will present the DCR and the proposed project at up to one (1) Town
Council Meeting or a Work-Study Session. Kimley-Horn will be responsible for
preparing the presentation materials, which will consist of up to two (2) display
boards and a PowerPoint presentation.
g. Kimley-Horn will perform a field review to verify the topographic survey and above-
ground utility features. Kimley-Horn will document the site visit with photographs.
Kimley-Horn will inform Town staff of the field review one week prior to the field
review taking place.
h. Project submittals and QA/QC are included as a part of this task:
i. The following submittals are included as a part of this contract:
(1) Preliminary Conceptual Alternatives (on roll plots), engineer’s opinion of
probable costs (one for each Conceptual Alternative)
(2) Preliminary Conceptual Alternatives (on roll plots), engineer’s opinion of
probable costs (one for each Conceptual Alternative)
(3) Draft DCR, Preliminary 15% Design Plans, engineer’s opinion of probable
cost
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(4) Final DCR, Final 15% Design Plans, engineer’s opinion of probable cost
ii. Each submittal will consist of one hard copy and electronic PDF versions of the
documents listed above.
iii. Following each submittal, Kimley-Horn will compile received comments into a
Summary of Comments form. Kimley-Horn will provide comment responses and
will address comments prior to the subsequent submittal.
iv. Kimley-Horn will perform internal quality control reviews prior to each submittal.
Task 2. – Data Collection and Base Map
a. The Town will furnish the latest as-builts and quarter section maps for Town-owned
facilities (roadway, storm drain, water, sewer, right-of-way, and aerials that are
available, as well as privately-owned facilities (as available), within the project limits
to Kimley-Horn.
b. Kimley-Horn will utilize the as-builts provided by the Town and the proposed
topographic survey to develop a project base map in Auto-CAD.
Task 3. – Utility Coordination
a. Kimley-Horn will submit a BlueStake ticket to request utility mapping from existing
private utility companies with facilities within the project limits. Kimley-Horn will use
the information obtained from the private utility company mapping to prepare an
existing utilities base file in Auto-CAD.
b. Kimley-Horn will initiate contact with private utility companies with facilities within the
project limits to confirm what facilities they have in the project area and who the
primary utility contact is for each utility agency.
c. Kimley-Horn will identify readily apparent utility conflicts with the proposed
improvements and will include them in the DCR.
d. Obtaining utility clearance is not included as a part of this scope of services.
e. Utility coordination meetings are not included as a part of this scope of services.
Task 4. – Conceptual Alternatives Development
a. Kimley-Horn will develop up to two (2) conceptual alternatives for the widening of
Shea Blvd. The widening will consist of adding an additional travel lane and bike lane
in each direction to bring the total roadway up to three lanes in each direction with
curb and gutter with sidewalk (on at least one side). It is assumed that only widening
will be performed, and the roadway alignment and profile will not be modified.
b. Kimley-Horn will develop typical sections, roll plot layouts, and cross-sections of
critical areas for the conceptual alternatives for the Town to review and provide input
and comments.
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c. Once the Town has selected a preferred alternative, Kimley-Horn will proceed with
the development of the DCR.
d. Kimley-Horn will prepare an engineer’s opinion of probable cost for each submittal.
See Task 8 for additional information.
e. Up to two (2) submittals of the conceptual alternatives are included with this scope of
services: Preliminary and Final. See Task 1 for additional information.
Task 5. – Traffic Analysis
a. The purpose of the traffic analysis is to determine the need for, and potential phasing
for, three travel lanes in each direction along Shea Boulevard. The limits of the traffic
study are eastbound from Palisades Boulevard to Technology Drive and westbound
from Technology Drive to Fountain Hills Boulevard.
b.Traffic Data Collection: this task includes:
i. Obtaining and reviewing readily available traffic studies conducted within or
adjacent to the project limits. These studies and the data will be utilized to obtain
the data determined to be reasonably necessary to complete this analysis. The
Town will provide copies of the traffic studies.
ii. Obtaining existing signal timing parameters and coordination patterns from the
Town.
iii. Obtaining projected 2040 traffic conditions from the latest Maricopa Association
of Governments (MAG) model.
iv. Obtaining crash data from the most recent 10 years within the project limits.
v. Collecting AM (7-9 AM) and PM (4-6 PM) turning movement counts at the
following locations:
(1) Palisades Boulevard and Shea Boulevard
(2) Fountain Hills Boulevard and Shea Boulevard
vi. Collecting 24-hour bidirectional counts at the following locations:
(1) Shea Boulevard, east of Palisades Boulevard
(2) Shea Boulevard, east of Fountain Hills Boulevard
vii. Turning movement counts and 24-hour bidirectional counts will be performed by
Field Data Services. See Task 12 for more information.
c.Analysis: A traffic analysis will be conducted for Shea Boulevard under existing
(2020) conditions and projected (2040) conditions. The results of the intersection
capacity analysis will document the existing and projected intersection delay under
both the “Build” and “No-Build” conditions. The results of the analysis will document
the total and available vehicular capacity of Shea Boulevard within the project limits
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for existing and projected conditions. Existing crash data will also be analyzed and
summarized in tabular format.
d.Recommendations: Based on the analysis results, Kimley-Horn shall provide
recommendations for the Shea Boulevard typical section and safety improvements
within the project limits. Relevant attachments will be provided. Two submittals (draft
and final) will be prepared in .pdf format. See Task 1 for more information.
e.Documentation: Recommendations and conclusions from the traffic memorandum
will be included in the DCR. The final draft of the traffic memorandum shall be
included in the appendix of the DCR.
Task 6. – Design Concept Report
a. Kimley-Horn will prepare a DCR summarizing the project features, conceptual
alternatives, recommended alternative, cost estimate, and conclusions. The outline
will be based on ADOT’s DCR procedure, omitting sections that are not applicable to
this project. The following sections are anticipated to be included in the DCR:
i. Executive Summary
ii. Introduction/Project Description
iii. Existing Conditions
iv. Traffic Analysis
v. Alternatives Evaluation
vi. Recommended Alternative
vii. Major Design Features
(1) Design Criteria
(2) Right-of-Way/Easements
(3) Substantial Environmental Constraints (if noted)
(4) Removals
(5) Drainage
(6) Landscape/Irrigation
(7) Traffic Signal Coordination
(8) Earthwork
(9) Traffic Control
(10) Constructability/Construction Phasing
(11) Segment Prioritization/Phasing
(12) Utilities
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(13) Structures
(14) Pavement Design
viii. Cost Estimate
b. It is assumed that a comprehensive environmental analysis and environmental
clearance are not included as a part of this contract.
c. Up to two (2) submittals of the DCR are included with this scope of services: Draft
and Final. See Task 1 for additional information.
Task 7. – 15% Design Plans
a. Kimley-Horn will prepare 15% Design Plans based on the selected alternative. The
15% Design Plans will be prepared in accordance with Town of Fountain Hills and
MAG standards.
b. Kimley-Horn anticipates the following sheet count for the 15% Design Plans:
i. Cover Sheet (1 Sheet)
ii. Typical Sections (1 Sheet)
iii. Paving Plan Sheets, Double-Stacked (7 Sheets, 1”=40’ Scale)
iv. Miscellaneous Detail Sheets (2 Sheets)
v. Cross-Sections, every 100-ft, 6 per sheet (15 Sheets)
c. Profile information will not be provided. Cross-sections cut every 100-ft will show the
roadway widening design
d. Centerline alignment geometry will be shown in the paving plan sheets.
e. Kimley-Horn will prepare an engineer’s opinion of probable cost at each submittal
stage. See Task 8 for more information.
f. Two submittals of the 15% Plans are included with this scope of services:
Preliminary and Final. See Task 1 for additional information.
Task 8. – Cost Estimate
a. An engineer’s opinion of probable cost will be developed for each Conceptual
Alternatives submittal. Quantities will be compiled in a list and will be labeled using
sequential item numbers. Bid item descriptions will be based on MAG standard bid
items. Unit prices will be derived using readily available bid data from projects with
similar improvements.
b. An engineer’s opinion of probable cost will be developed and submitted for the
selected alternative at each submittal stage. Quantities will be compiled in a list and
will be labeled using sequential item numbers. Bid item descriptions will be based on
MAG standard bid items. Unit prices will be derived using readily available bid data
from projects with similar improvements.
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Direct Expenses
a. Direct reimbursable expenses such as express delivery services, vehicular mileage,
and other direct expenses will be billed at cost. A summary of anticipated expenses
is shown in Appendix A of this document.
SUBCONSULTANT SERVICES
Task 9. – Survey
Registered Land Surveying (RLF) will perform topographic design survey. RLF’s scope of
services is included as Appendix C of this document.
Task 10. – Geotechnical Investigations
RAMM Engineering (RAMM) will assist with geotechnical investigations. RAMM’s scope of
services is included as Appendix D of this document.
Task 11. – Traffic Counts
Field Data Services (FDS) will collect traffic counts. FDS’ scope of services is included as
Appendix E of this document.
Services Not Included
Any other services, including but not limited to the following, are not included in this
Agreement:
· Preparation of Final Design plans, specifications, and estimate
· Private utility coordination, design, or meetings
· Attending more meetings than specifically described in the sections above
· Environmental/cultural clearance
· Public involvement
· Post design services
· Subsurface utility engineering (potholing, utility locating, etc.)
· More than four submittals
Information Provided By Client
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information
provided by the Client or the Client’s consultants or representatives. The Client shall provide
all information requested by Kimley-Horn during the project.
Schedule
We will provide our services as expeditiously as practicable with the goal of completing the
DCR in accordance with the design schedule included as Appendix B of this document. This
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design schedule assumes a Notice to Proceed date of February 3, 2020. Following the
official Notice to Proceed, Kimley-Horn will submit an updated schedule to the Client for
approval.
Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have
any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
By: Joel Varner, P.E.
Project Manager
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APPENDIX A
FEE SUMMARY
Summary of Consultant's Compensation
12/3/2019
Project Location:
Project Description:
Shea Blvd: Palisades Blvd to Technology Dr
Roadway Widening DCR
7740 N. 16th Street
Suite 300
Phoenix, AZ 85020
602.944.5500
CONTRACT LABOR
Classification Man Hours Billable Rates Labor Costs
Senior Project Manager 61 199.00$12,139.00$
Project Manager 111 175.00$19,425.00$
Professional 275 135.00$37,125.00$
Analyst/ Designer 259 111.00$28,749.00$
Admin 18 90.00$1,620.00$
Subtotal Contract Labor 99,058.00$
DIRECT AND OUTSIDE EXPENSES
General Expenses 500.00$
Subtotal Direct & Outside Expenses 500.00$
SUBCONSULTANT ALLOWANCES
Subconsultant Task Fee
RLF Consulting Survey 10,650.00$
RAMM Engineering Geotechnical Investigations 5,000.00$
Field Data Services Traffic Counts 570.00$
Subtotal Subconsultant Allowances 16,220.00$
TOTALS
Subtotal Contract Labor 99,058.00$
Subtotal Direct & Outside Expenses 500.00$
Subtotal Contract Fee 99,558.00$
Subtotal Subconsultant Allowances 16,220.00$
Total Contract Fee & Allowances 115,778.00$
Detail of Consultant's Compensation
Town of Fountain Hills
Shea Boulevard Widening
Design Concept Report
Senior
Project
Manager
Project
Manager Professional Analyst/
Designer Admin
TASK DESCRIPTION SUBTOTAL $ 199.00 $ 175.00 $ 135.00 $ 111.00 $ 90.00
TASK 1 - PROJECT MANAGEMENT AND MEETINGS 14,650.00$16 39 9 26 6
Project Administration, Bi-Weekly Progress Reports, Invoicing 1,590.00$6 6
Project Kickoff Meeting (up to 1)1,455.00$3 3 3
Project Progress Meetings (up to 4)3,432.00$12 12
Town Council Presentation or Work-Study Session (up to 1)1,455.00$3 3 3
Prepare Materials for Council Presentation 444.00$4
Project Field Review 1,550.00$5 5
Summary of Comments 984.00$4 4
QA/QC 3,740.00$10 10
-$
TASK 2 - DATA COLLECTION & BASE MAP 1,206.00$--4 6 -
Collect Maps and Quarter Sections 222.00$2
Develop Project Base Map 984.00$4 4
-$
TASK 3 - UTILITY COORDINATION 2,980.00$-4 6 10 4
Blue Stake, Collect As-Builts 804.00$4 4
Utility Base Map 936.00$2 6
Utility Coordination 1,240.00$4 4
-$
TASK 4 - CONCEPTUAL ALTERNATIVES DEVELOPMENT 11,987.00$4 7 36 46 -
Develop Conceptual Alternatives 3,478.00$2 2 12 10
Evaluate Retaining Wall Placement and Feasibility 2,414.00$2 10 6
Develop Graphics: Typical Sections, Cross Sections, and Roll Plots 4,445.00$5 10 20
Earthwork and Modeling (Conceptual Level)1,650.00$4 10
-$
TASK 5 - TRAFFIC ANALYSIS 16,490.00$25 1 84 --
Traffic Data Collection 715.00$1 4
Traffic Analysis and Recommendations -$
Existing Conditions 2,146.00$4 10
20-Year Horizon 3,496.00$4 20
Crash Data 2,821.00$4 15
Traffic Documentation -$
Draft Traffic Memorandum 3,020.00$5 15
Final Traffic Memorandum 3,020.00$5 15
DCR Executive Summary 1,272.00$3 5
-$
Page 2 of 3
Detail of Consultant's Compensation
Town of Fountain Hills
Shea Boulevard Widening
Design Concept Report
Senior
Project
Manager
Project
Manager Professional Analyst/
Designer Admin
TASK DESCRIPTION SUBTOTAL $ 199.00 $ 175.00 $ 135.00 $ 111.00 $ 90.00
TASK 6 - DESIGN CONCEPT REPORT 14,700.00$6 18 50 26 8
Draft DCR Document 8,732.00$4 10 30 16 4
Final DCR Document 5,968.00$2 8 20 10 4
-$
TASK 7 - 15% DESIGN PLANS 34,015.00$10 42 80 125 -
Cover Sheet (1 Sheet)714.00$2 4
Typical Sections (1 Sheet)1,398.00$1 2 3 4
Paving Plan Sheets, Double-Stacked (40 scale) (7 Sheets)16,954.00$7 21 42 56
Miscellaneous Detail Sheets (2 Sheets)2,796.00$2 4 6 8
Cross-Sections (every 100-ft, 8 per sheet) (15 Sheets)9,813.00$15 22 38
Earthwork and Modeling (DCR level)2,340.00$5 15
-$
TASK 8 - COST ESTIMATE 3,030.00$--6 20 -
Conceptual Alternatives Cost Estimate 1,872.00$4 12
15% Design Plans Cost Estimate 1,158.00$2 8
-$
SUBTOTAL DIRECT LABOR 99,058.00$61 111 275 259 18
DIRECT EXPENSES
EXPENSES 500.00$
SUBCONSULTANT ALLOWANCES
TASK 9 - SURVEY 10,650.00$
RLF Consulting - See Appendix C 10,650.00$
TASK 10 - GEOTECHNICAL INVESTIGATIONS 5,000.00$
RAMM Engineering - See Appendix D 5,000.00$
TASK 11 - TRAFFIC COUNTS 570.00$
Field Data Services - See Appendix E 570.00$
SUBTOTAL SUBCONSULTANT ALLOWANCES 16,220.00$0 0 0 0 0
TOTAL CONTRACT FEE - NOT TO EXCEED 115,778.00$
Page 3 of 3
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
APPENDIX B
DESIGN SCHEDULE
ID Task Name Duration Start Finish
1 Notice to Proceed 0 days Mon 2/3/20 Mon 2/3/20
2 Data Collection 15 days Mon 2/3/20 Fri 2/21/20
3 Survey 3 wks Mon 2/3/20 Fri 2/21/20
4 Geotech 3 wks Mon 2/3/20 Fri 2/21/20
5 Data Collection 3 wks Mon 2/3/20 Fri 2/21/20
6 Conceptual Alternatives Analysis 30 days Mon 2/24/20 Fri 4/3/20
7 Traffic Analysis 1 wk Mon 2/24/20 Fri 2/28/20
8 Develop Conceptual Alternatives 3 wks Mon 2/24/20 Fri 3/13/20
9 Preliminary Conceptual Alternatives Submittal 0 days Fri 3/13/20 Fri 3/13/20
10 Town Review of Preliminary Conceptual Alternatives 1 wk Mon 3/16/20 Fri 3/20/20
11 Refine Conceptual Alternatives 2 wks Mon 3/23/20 Fri 4/3/20
12 Final Conceptual Alternatives Submittal 0 days Fri 4/3/20 Fri 4/3/20
13 Design Concept Report 85 days Mon 4/6/20 Fri 7/31/20
14 Draft Design Concept Report 6 wks Mon 4/6/20 Fri 5/15/20
15 Prepare Preliminary 15% Design Plans 8 wks Mon 4/6/20 Fri 5/29/20
16 Draft DCR and Preliminary 15% Design Plans Submittal 0 days Fri 5/29/20 Fri 5/29/20
17 Town Review of Draft DCR and Preliminary 15% Design Plans 3 wks Mon 6/1/20 Fri 6/19/20
18 Final Design Concept Report 4 wks Mon 6/22/20 Fri 7/17/20
19 Prepare Final 15% Design Plans 6 wks Mon 6/22/20 Fri 7/31/20
20 Final DCR and Preliminary 15% Deisgn Plans Submittal 0 days Fri 7/31/20 Fri 7/31/20
21 Town Council Presentation 0 days Tue 8/18/20 Tue 8/18/20
2/3
3/13
4/3
5/29
7/31
8/18
February 2020March 2020 April 2020 May 2020 June 2020 July 2020 August 2020
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Shea Blvd Widening DCR
Design Schedule
12/3/2019
Page 1
Project: Fountain Hills_Shea Blv
Date: Tue 12/3/19
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
APPENDIX C
RLF Consulting
Scope of Services
2165 W. PECOS RD STE. 5 | CHANDLER, AZ 85224| P. 480.445.9189 | www. rlfconsulting.com
November 21, 2019 REVISED
Project: P17010, Shea Blvd DCR Mapping
Reference: Aerial Mapping
Chris Woolery, P.E.
Kimley-Horn | 7740 North 16th St, Suite 300, Phoenix, AZ 85020
Direct: 602-216-1224 | Mobile: 602-318-4484 | www.kimley-horn.com
RLF Consulting is pleased to submit this proposal for Land Surveying Services in support of the design improvements for
Shea Boulevard, Fountain Hills, Arizona
We appreciate the opportunity to propose on this project, the following is our cost and approach for the 400’ wide
project area along Shea Boulevard from 200’ West of Palisades Blvd., to 200’ East of Technology Dr (approximately
13,500LF), Fountain Hills, Arizona.
RLF consulting, LLC will furnish Color stereo photography of the project area to provide a digital scale model with a 1.0 ft
contour interval including DTM, Contours & Plan. Collection of data will be captured using UAS (unmanned aerial
systems) aircraft suited to mapping terrain and features.
Tasks Cost Schedule
Survey Services
• RLF will provide ground control in AZ State Plane
Coordinates/NAVD88 Vertical Datum
• Mapping verification QA
$3500 Field work 5-7 days
from NTP
Flight Services
• Acquire Color stereo photography for Mapping
$1500
Mapping Services
• 1” =40’ scale map with a 1.0 Ft CI digital collection of DTM,
Contours & Plan
Digital Ortho-Photography Services
Color Digital Ortho-rectified 0.12’ pixel imagery
Total for Project $10,650
$4800 5-7 days for processing
$850
2165 W. PECOS RD STE. 5 | CHANDLER, AZ 85224| P. 480.445.9189 | www. rlfconsulting.com
Deliverables:
• One 3D AutoCAD file of the contours and plan.
• AutoCAD file of the DTM.
• One digital, ortho-received image in geo-tiff or SID format.
• One set of ASCII point files.
Photography:
All photography will be taken with a photogrammetric aerial camera system which features both forward motion
compensation and gyro mount computer-controlled system.
The optical axis of the camera will be as near vertical as possible and in no case, shall the tilt exceed 3 degrees. The
tilt between two consecutive exposures shall not exceed 4 degrees.
The camera will be oriented to the flight line such that crab does not exceed 3 degrees. The crab between any two
consecutive exposures shall not exceed 3 degrees.
The project area will be photographed in stereo with a minimum forward overlap of 60% and side lap of 30%.
Atmospheric conditions will be optimal, avoiding conditions such as haze, clouds, overcast, snow, dust,
precipitation, and smoke so that clear and well-defined images can be obtained.
Time of day for flight will be when shadows caused by topographic relief, and/or sun angle will be near minimum.
Excessive and deep shadows may be cause for rejection of photography. Sun angle shall not be less than 30
degrees.
Digital Photogrammetric Mapping:
RLF consulting, LLC will utilize digital stereo plotters to perform the photogrammetric approach of collecting the
digital terrain model (DTM) and full planimetrics. This approach integrates the most efficient hardware and
software systems available to accomplish each phase of the mapping process. PC-based software will be used in the
real-time compilation and in generating contours from the DTM. All mapping shall adhere to National Map
Accuracy Standards. In summary, 90% of contours must be within ½ of the contour interval. Well defined objects
checked must be within 1/40” horizontal position at map scale. Spot elevations must be within ¼ of the contour
interval
Please sign below to authorize *notice to proceed*.
Again, thank you for allowing RLF consulting, LLC the opportunity to propose on this project. If you need further
information, or have any questions, please do not hesitate to contact me.
Sincerely,
Michael Fondren, PLS
Accepted by:
Printed Name: Title: _____________________________
Signature:____________________________ Date:_____________________________
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APPENDIX D
RAMM Engineering
Scope of Services
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
APPENDIX E
Field Data Services
Scope of Services
21636 North Dietz Drive, Maricopa, Arizona 85138 520.316.6745 fdsaz.com– veracity.pro
31894 Whitetail Ln, Temecula, CA 92592 619.677.6542
ARIZONA - CALIFORNIA – HAWAII – NEVADA – NEW MEXICO
January 9, 2019
Kimley-Horn & Associates, Inc.
Attn: John Kissinger, PE, Senior Vice President
7740 N. 16th St., Suite 300
Phoenix, AZ 85020
RE: 2019 Price List for valley area
TURNING MOVEMENT COUNTS (TMC)
$150.00 – 2-hour Peak Period Counts – Pedestrian & Bicycles Included (weekday or weekend)
$189.00 – 4-hour Peak Period Counts – Pedestrian & Bicycles Included (weekday or weekend)
$284.00 – 6-hour Peak Period Counts – Pedestrian & Bicycles Included (weekday or weekend)
BI-DIRECTIONAL VOLUME (ADT) – TUBE COUNTS
$69.00 – 24 hours (1-day)
$104.00 – 48 hours (2-day)
$138.00 – 72 hours (3-day)
$173.00 – 96 hours (4-day)
$207.00 – 120 hours (5-day)
$242.00 – 144 hours (6-day)
$276.00 – 168 hours (7-day)
BI-DIRECTIONAL SPEED OR CLASSIFICATION – TUBE COUNTS
$137.00 – 24 hours (1-day)
$206.00 – 48 hours (2-day)
$274.00 – 72 hours (3-day)
$343.00 – 96 hours (4-day)
$411.00 – 120 hours (5-day)
$480.00 – 144 hours (6-day)
$548.00 – 168 hours (7-day)
OTHER STUDIES – QUOTES BASED ON SCOPE
Pedestrian Gap Studies
Parking Duration Studies
Video Turning Movement Counts
Radar Studies – Non Intrusive
Travel Time Studies – GPS
Many more customized studies available
kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
December 23, 2019
Mr. Justin Weldy
Public Works Director
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Re:Saguaro Boulevard Frontage Road: Panorama Drive to Colony Drive
Improvement District Development
Scope and Fee Proposal
Dear Mr. Weldy:
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this
letter agreement (the “Agreement”) to the Town of Fountain Hills (“Client” or “Town”) for
providing technical support for the development of an Improvement District (ID) for the
removal of the existing frontage road along the east side of Saguaro Boulevard between
Colony Drive and Panorama Drive.
Project Understanding
The Town of Fountain Hills has requested Kimley-Horn to provide technical assistance in
the development of an Improvement District consisting of twelve parcels along the east side
of Saguaro Boulevard between Panorama Drive and East Colony Drive in Fountain Hills,
Arizona. The intent of the ID will be to fund the removal of the existing frontage road
currently serving as the main access to the businesses within the project limits. The Town
believes that the frontage road contributes to a decrease in safety and an increase in driver
confusion along the corridor, and would like the frontage road to be removed and for direct
driveways to be provided for business access along Saguaro Boulevard. The Town has
prepared a preliminary layout for this work, and requests Kimley-Horn’ assistance in refining
the preliminary design and conducting the stakeholder outreach necessary to develop the
ID.
Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 1. – Project Management and Meetings
a. Project management includes contract management and internal meetings with staff.
This task coordinates and administers the day-to-day operations of the project,
including organizing and filing project data and communication files, responding to
project correspondence including emails, performance of monthly budget updates,
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
and schedule monitoring. This task also includes the management of sub-
consultants, and interfacing and communication determined to be reasonably
necessary to keep stakeholders informed.
b. Kimley-Horn will submit bi-weekly progress reports to the Town’s Project Manager
summarizing tasks in progress, upcoming scheduled tasks, and identified design
issues.
c. This task includes the preparation of monthly invoices to the Town for services
performed.
d. Kimley-Horn will attend one (1) Project Kickoff Meeting, which will be scheduled
following the receipt of Notice to Proceed (NTP). The Project Kickoff Meeting will be
held at the Town’s offices and will be scheduled in coordination with Town staff.
Kimley-Horn will be responsible for preparing the kick-off meeting agenda, sign-in
sheet, presentation, handout material, attending and facilitating the kick-off meeting,
and submitting notes of the meeting to the Town.
e. Kimley-Horn will attend up to two (2) Project Progress Meetings. Meetings will be at
the Town offices and will be scheduled at the request of the Town. Kimley-Horn will
be responsible for preparing the meeting agenda, sign-in sheet, presentation,
handout material, attending and facilitating the meeting, and submitting notes of the
meeting to the Town.
f. Kimley-Horn will perform a field review to verify the existing conditions and above-
ground utility features. Kimley-Horn will document the site visit with photographs.
Kimley-Horn will inform Town staff of the field review one week prior to the field
review taking place.
Task 2. – Data Collection
a. The Town will furnish the latest as-builts and quarter section maps for Town-owned
facilities (roadway, storm drain, water, sewer, right-of-way, and aerials that are
available, as well as privately-owned facilities (as available), within the project limits
to Kimley-Horn.
b. Kimley-Horn will submit a BlueStake ticket to request existing utility facilities within
the project limits. Kimley-Horn will utilize the available utility mapping to prepare a
utility base map in AutoCAD format. This utility base map will be used to identify
potential utility conflicts during the development of the roadway alternatives.
c. Kimley-Horn will obtain a scalable aerial image from NearMap. This image will be
utilized in the development of the roadway layouts; topographic survey will not be
provided as a part of this contract.
d. Kimley-Horn will obtain existing right-of-way information utilizing the Maricopa
County Assessor’s website. Additional right-of-way research is not provided as a part
of this contract.
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
Task 3. – Roadway Layout and Cost Estimates
a. The Town will provide the preliminary roadway layout to Kimley-Horn in AutoCAD
format. Kimley-Horn will review the layout for compliance with Town and MAG design
standards.
b. Kimley and will develop up to two (2) alternatives based on the preliminary layout
provided by the Town. Kimley-Horn will submit the refined roadway layouts to the
Town for review and comment. Kimley-horn will update the roadway layout based on
comments received from the Town. Up to two (2) rounds of comments from the Town
are included in this scope of services. Following this, the Town will select a roadway
layout alternative to present to the stakeholders.
c. Kimley-Horn will further refine the roadway layout based on input received from the
stakeholder coordination meetings. Up to four (4) rounds of comments and layout
refinement are included in this scope of services.
d. Kimley-Horn will prepare exhibits detailing the roadway layouts. Roadway layouts will
be drawn over scalable aerial imagery. Topographic survey is not included as a part
of this contract. Exhibits will be prepared as 22”x34” PDFs.
e. Kimley-Horn will prepare an engineer’s opinion of probable cost for each layout.
Quantities will be compiled in a list and will be labeled using sequential item
numbers. Bid item descriptions will be based on MAG standard bid items. Unit prices
will be derived using readily available bid data from projects with similar
improvements.
Task 4. Stakeholder Coordination
a. MakPro will perform public involvement and stakeholder coordination. MakPro’s
scope of services is included as Appendix A of this document.
b. Kimley-Horn will attend up to five (5) Stakeholder Coordination meetings. These
stakeholder coordination meetings may consist of public open houses, one-on-one
meetings, or design charettes. Kimley-Horn will prepare roadway layout exhibits and
cost estimates for each meeting. Kimley-Horn will prepare notes of major decisions
discussed at each meeting.
Direct Expenses
a. Direct reimbursable expenses such as express delivery services, vehicular mileage,
and other direct expenses will be billed at cost. A summary of anticipated expenses
is shown in Appendix A of this document.
SUBCONSULTANT SERVICES
Task 5. – Public Involvement
MakPro will perform public involvement and stakeholder coordination. MakPro’s scope of
services is included as Appendix B of this document.
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
Services Not Included
Any other services, including but not limited to the following, are not included in this
Agreement:
· Preparation of Final Design plans, specifications, and estimate
· Private utility coordination, design, or meetings
· Attending more meetings than specifically described in the sections above
· Topographic Survey
· Right-of-way acquisition or the preparation of legal descriptions and exhibits
· Preparation of ID petitions or legal documents
· Traffic analysis or studies
Information Provided By Client
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information
provided by the Client or the Client’s consultants or representatives. The Client shall provide
all information requested by Kimley-Horn during the project.
Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have
any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
By: Joel Varner, P.E.
Project Manager
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
APPENDIX A
FEE SUMMARY
Summary of Consultant's Compensation
12/23/2019
Project Location:
Project Description:
Saguaro Blvd: Panorama Dr to Colony Dr
Frontage Road Removal ID
7740 N. 16th Street
Suite 300
Phoenix, AZ 85020
602.944.5500
CONTRACT LABOR
Classification Man Hours Billable Rates Labor Costs
Senior Project Manager 12 199.00$2,388.00$
Project Manager 52 175.00$9,100.00$
Professional 25 135.00$3,375.00$
Analyst/ Designer 132 111.00$14,652.00$
Admin 14 90.00$1,260.00$
Subtotal Contract Labor 30,775.00$
DIRECT AND OUTSIDE EXPENSES
General Expenses 500.00$
Subtotal Direct & Outside Expenses 500.00$
SUBCONSULTANT ALLOWANCES
Subconsultant Task Fee
MakPro Public Involvement 10,400.00$
Subtotal Subconsultant Allowances 10,400.00$
TOTALS
Subtotal Contract Labor 30,775.00$
Subtotal Direct & Outside Expenses 500.00$
Subtotal Contract Fee 31,275.00$
Subtotal Subconsultant Allowances 10,400.00$
Total Contract Fee & Allowances 41,675.00$
Detail of Consultant's Compensation
Town of Fountain Hills
Saguaro Blvd Frontage Road
Improvement District Technical Support
Senior
Project
Manager
Project
Manager Professional Analyst/
Designer Admin
TASK DESCRIPTION SUBTOTAL $ 199.00 $ 175.00 $ 135.00 $ 111.00 $ 90.00
TASK 1 - PROJECT MANAGEMENT AND MEETINGS 8,161.00$3 25 4 19 6
Project Administration, Bi-Weekly Progress Reports, Invoicing 1,590.00$6 6
Project Kickoff Meeting (up to 1)1,455.00$3 3 3
Project Progress Meetings (up to 2)1,716.00$6 6
Meeting preparation and meeting notes (up to 3)1,716.00$6 6
Project Field Review 1,684.00$4 4 4
-$
TASK 2 - DATA COLLECTION & BASE MAP 1,656.00$--2 6 8
Data Collection 360.00$4
Blue Stake, Collect As-Builts 360.00$4
Utility Base Map 444.00$4
Obtain Aerial Imagery 222.00$2
Review ROW information 270.00$2
-$
TASK 3 - ROADWAY LAYOUTS AND COST ESTIMATE 12,017.00$-2 19 82 -
Obtain and review Town's roadway layout 1,112.00$2 4 2
Develop up to two (2) roadway layout alternatives and exhibits 2,760.00$4 20
Respond to Town's comments on roadway layout alternatives (up to 2 rounds)1,380.00$2 10
Refine roadway layouts based on Stakeholder comments (up to 4 rounds)2,760.00$4 20
Prepare engineer's opinion of probable cost 4,005.00$5 30
-$
TASK 4 - STAKEHOLDER COORDINATION 8,941.00$9 25 -25 -
Attend up to five (5) Stakeholder Coordination meetings 6,081.00$9 15 15
Meeting preparation and meeting notes (up to 5)2,860.00$10 10
-$
SUBTOTAL DIRECT LABOR 30,775.00$12 52 25 132 14
DIRECT EXPENSES
EXPENSES 500.00$
SUBCONSULTANT ALLOWANCES
TASK 5 - PUBLIC INVOLVEMENT 10,400.00$
MakPro - See Appendix B 10,400.00$
SUBTOTAL SUBCONSULTANT ALLOWANCES 10,400.00$0 0 0 0 0
TOTAL CONTRACT FEE - NOT TO EXCEED 41,675.00$
Page 2 of 2
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kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
APPENDIX B
MakPro
Scope of Services
MakPro Services, LLC
2036 N. Gentry • Mesa, AZ 85213
Office: 480-890-1927
Email: teresa@makprosvc.com
December 23, 2019
Mr. Joel Varner
Kimley-Horn & Associates, Inc.
7740 N. 16th Street, Suite 300
Phoenix, Arizona 85020
Dear Joel:
MakPro Services, LLC (MakPro) is pleased to provide the following proposal for public
involvement and outreach services for the Town of Fountain Hills’ (Town) Business
Improvement District (BID) Project. Public involvement and outreach is an important
element in projects such as this, and provides a link between the project and the
community it impacts. In addition, it provides the effected community an opportunity to
understand the objectives of the project and offers them avenues for further
information and comments regarding the project. Many times, this small link is all that
is needed to help a project run more smoothly.
To restate my understanding, this proposal includes public involvement during the
design phase only for the project and does not account for public outreach during
construction. Based on our discussion and the information from your discussions with
the Town, a sound approach for this project would be to meet individually with property
owners of those proposed to be part of the BID to understand their thoughts/concerns
related to the BID. Following that, there may be a need for up to two business
meetings with all property owners and possibly their tenants to discuss the BID and
respond to any issues or concerns that came up during the individual meetings. At
some point, it would be prudent to present this project, similar to what would be done
for a capital project, through a public meeting during design to ensure there are no
issues from the broader public or nearby neighbors with such a project. To that end,
the effort would include:
• Coordination and/or scheduling or attendance at up to 11 meetings with individual
business owners. (30 hrs)
• Preparation, planning, attendance and documentation of up to two (2) business
meetings to be held with property owners and/or business tenants of the businesses
proposed to be part of the BID. (20 hrs)
• Develop meeting invites for a public meeting to be held during design to present the
project to the broader public and nearby residents. (10 hrs + $800 print/post).
Mr. Joel Varner, Kimley-Horn & Associates, Inc. December 23, 2019
Proposal for Public Involvement Services – Fountain Hills Business Improvement District
• The Town will coordinate communications related to their own social media/web,
and any media distribution, for general information or public meeting notification.
• Respond to inquiries related to the project. (4 hrs)
• Participate in up to eight (8) progress or planning meetings during design to identify
community and business impacts, and plan for upcoming meetings or discussions
with businesses or the public. (16 hrs)
The total cost for the public involvement services for design phase only, as identified
above should not exceed $10,400.00 total. This proposed cost estimate assumes
an hourly labor rate of $120 per hour for principal, and $100 per hour for associates,
and includes planning, meeting preparation and facilitation, and meeting materials and
equipment. Excluded from this estimate are formal written research reports, document
reproduction, meeting facilities, responsibilities of the Town as noted above, and any
unusual out-of-pocket expenses requested by the sponsor. This proposal assumes any
displays, exhibits, engineering designs or details, required for business or public
meetings will be provided by the Town or Kimley-Horn. In addition, the estimate
incorporates efficiencies from one task/activity to another, so removal of an activity
may require an adjustment of hours in other activities. Changes of substance to this
proposal during the project may affect the final cost.
Thank you for the opportunity to work with Kimley-Horn and the Town of Fountain Hills.
Should you have questions, need additional information, or wish to customize this
proposal in some other way, please feel free to contact me at (480) 890-1927.
Sincerely,
Teresa Makinen
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2020 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Grady E. Miller, Town Manager
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE
DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly
Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The
goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to
provide direction, if any, to staff to communicate the Town's position on the bills. Each Council meeting,
the Legislative Bulletin will be attached to the Town Council agenda, which will include legislative
analyses of the bills and their impacts on municipalities. The Mayor and Council will have an
opportunity to review the bills that are under consideration in the Arizona State Legislature and provide
direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of
interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
Legislative Bulletin - Issue 4
Form Review
Inbox Reviewed By Date
Finance Director David Pock 02/06/2020 04:44 PM
Town Attorney Aaron D. Arnson 02/06/2020 06:33 PM
Town Manager (Originator)Grady E. Miller 02/08/2020 07:36 PM
Form Started By: Grady E. Miller Started On: 02/05/2020 05:40 PM
Final Approval Date: 02/08/2020
Issue 4 – February 7th, 2020
Legislative Overview
Today is the 26th day of the legislative session. To date, 1,506 bills have
been introduced , which has surpassed records of bill introductions in
previous legislative sessions. Monday is the deadline for the House to
introduce legislation. Staff in the House clerk’s office projected the
possibility of almost 1,100 bills introduced by House membe rs if all 60
members use their seven -bill limit, which is a substantial increase of bill
introductions in recent memory. The last day for committees to hear bills
in the chamber or origin is February 21, which means the next two weeks
will be very busy and committee action potentially lasting several hours.
Civil Penalty Restitution
HB2055 S/E: penalties; civil traffic violations, sponsored by Representative
Leo Biasiucci (R-Lake Havasu City), will allow a person who receives a civil
traffic violation to perform court-approved community restitution instead
of paying a civil penalty. The amendment adopted in committee sets the
credited rate of community restitution at $10 per hour and allows the
assessment of time payment fees to cover court administrativ e costs.
There was testimony in opposition due to the concerns from the Clean
Elections Commission not receiving funds because the bill waives the 10%
surcharge assessed on civil traffic penalties. The bill proceeds to the Rules
Committee.
State Liquor Board Membership
HB2144 state liquor board; membership, sponsored by Representative
Anthony Kern (R-Glendale), passed House Committee of the Whole on
Thursday with an amendment that is intended to satisfy the objection of
the governor, who vetoed the bill last session. Rat her than requiring the
appointment to be made based on League recommendations, the bill will
only require that one seat on the Board be filled by a current local elected
official. The League continues to support the bill as it will ensure there is
a local perspective on Board decisions. The bill awaits a third read in the
House before it will be transmitted to the Senate.
Utility Condemnation
HB2499 eminent domain; existing contracts, sponsored by Representative
Jeff Weninger (R-Chandler) passed the House Commerce Committee on
Tuesday with a vote of 6 -2-1. Representatives Epstein (D -Tempe) and
Butler (D-Paradise Valley) voting NO and Representative Biasiucci (R -Lake
Havasu City) voting present. The bill requires cities and towns exercising
eminent domain on a public utility to assume all the assets and contractual
liabilities of the utility. This would require the assumption of contracts
under any circumstance, regardless of their provisions and whether it is
legal for municipalities to assume under the state Constitution and laws.
The League opposed the measure in committee due to the unintended
consequences of assuming private liabilities in these transactions.
Fire Sprinklers
Representative Travis Grantham (R -Gilbert) introduced HB2313 fire
sprinklers; existing buildings; prohibition, which prohibits municipalities
from enforcing a section of the 2018 International Fire Code related to A -
2 (restaurants, bars, night clubs, etc.) buildings. Specifically, the bill
prohibits municipalities from requiring i n installation of fire sprinklers in A -
2 buildings with an occupancy exceeding 300 occupants and serves
alcohol. The fire code was updated out of the result of the Station
Nightclub fire in 2003 where 100 people died, and 230 people were injured
in a structure without sprinklers.
The League views this as a bad bill for two main reasons: 1) we believe
the municipality plays a role in protecting the lives of our residents so that
another Station Nightclub incident doesn’t happen in the future and 2)
mitigating risk of cancer among firefighters has become a major concern
for our municipalities. The existence of fire sprinklers ensures that our
firefighters are not exposed to elevated levels of carcinogens.
The bill passed through the House Regulatory Affairs Committee this past
Monday on a strict party -line vote, 4-3. Although the bill passed out of
committee, several members who voted for the bill indicated they have
significant concerns and the language likely needs a lot of work.
Cancer Presumption
SB1160 firefighters; cancers; presumption; workers' compensation
sponsored by Senator Heather Carter (R -Phoenix) proposes to alter the
workers’ compensation statutes to ensure a firefighter who is diagnosed
with a cancer on the covered list, has at least 5 years of service, and is a
non-tobacco user has an irrebuttable presumption to workers’
compensation benefits.
The League has worked with the firefighting community to come to an
amicable resolution on this bill. The bill passed out of the Senate
Appropriatio ns Committee 7-2 on Wednesday.
Private Attorneys Contingency Fee
Arrangements
Senator Vince Leach (R -Tucson) sponsored SB1459 private attorney
retention; municipalities; counties. This bill would require municipalities to
receive approval from the Attorn ey General’s Office before entering into
contingency fee arrangements with private attorneys. Additionally, the bill
would allow the attorney general to reject a municipal request and limit
the fees contingency attorneys can receive with contracting with
m unicipalities.
This language originated from the US Chamber of Commerce from a
document titled “Mitigating Municipality Litigation” and was targeted
around local governments engaging in opioid lawsuits due to their costs
incurred through public safety, EMS, Narcan, 911, homelessness, and
addiction services.
The League opposed this bill in the Senate Judiciary Committee where it
passed on a strict party-line vote of 4 -3.
Legislative Bill Monitoring
All bills being actively monitored by the League can be found here.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org .