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2021.0202.TCRM.Agenda.Packet
NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor David Spelich Councilmember Gerry Friedel Councilmember Sharron Grzybowski TIME: 5:30 P.M. — REGULAR MEETING WHEN: TUESDAY, FEBRUARY 2, 2021 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmember Alan Magazine Councilmember Peggy McMahon Councilmember Mike Scharnow jj 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. REQUEST TO COMMENT Due to the COVID-19 pandemic, Meetings of the Fountain Hills Town Council will be closed to the public until further notice. However, the public is still invited to participate in these meetings through use of the following tools: ITO COMMENT IN WRITING: Please visit https://www.fh.az.gov/i3ubliccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council. TO COMMENT VIA ZOOM: Please visit http://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. You will be called on during the meeting when it is your turn to speak. Be sure to use the RAISE HAND function during the agenda items you wish to address. JOIN the Zoom meeting by visiting: https://www.fh.az.eov/publicmeeting Meeting ID: 9916136 7759 Passcode: 346485 To attend by Phone please one of the following: +1 253 215 8782 US (Tacoma) +1346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 301 715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) Meeting ID: 9916136 7759 Passcode: 346485 [As always, the meeting will be broadcast live on Cox Channel 11 and streamed from the internet at www.fh.az.gov/live. Town Council Regular Meeting of February 2, 2021 2 of 3 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). CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey MOMENT OF SILENCE ROLL CALL — Mayor Dickey 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A. Report on Fountain Park Webcam SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION ON Monthly Update by Captain Larry Kratzer of the Maricopa County Sheriff's Office. 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. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Town Council Regular Meeting of February 2,2021 3 of 3 A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of January 19, 2021. 8. REGULAR AGENDA A. PRESENTATION and PUBLIC HEARING on FY19 and FY20 Development Fee Audit Report. B. CONSIDERATION OF Approving Professional Services Agreement C2021-032 between the Town and Kimley Horn &Associates, Inc. for the Desert Vista crosswalk project. C. PRESENTATION on the proposed Active Transportation Plan and Town Council feedback regarding its recommendations. D. 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 ,2021. Eli beth A. B r e,MMC,Town CI The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice) or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/02/2021 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 January 19, 2021. 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 Recommendations) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of January 19, 2021. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of January 19, 2021. 2021.0119.TCRM . Minutes Attachments Form Review Form Started By: Elizabeth A. Burke Started On: 01/21/2021 07:29 AM Final Approval Date: 01/21/2021 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 19, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting of January 19, 2021, to order at 5:30 p.m. 2. MOMENT OF SILENCE A Moment of Silence was held. 3. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow; Councilmember Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Alan Magazine; Councilmember Gerry Friedel Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Councilmember Friedel said that there had been an article written in the Fountain Hills Times about businesses that have had to shift and adapt and perhaps they, as Council, will need to shift and adapt to make sure that they have businesses in Town. He said that he was glad to hear that the Fair would be held in April. Vice Mayor Spelich reported that January 9, 2021, was National Law Enforcement Appreciation Day, and he wanted to thank Captain Kratzer and all the MCSO officers. He said that they need to also remember those 315 officers who lost their lives in 2020. Councilmember Grzybowski reported that she attended the National League of Cities virtual Vaccine Town Hall regarding work with the public health systems. She also watched the Governor's State of the State. She said that this morning at 7:30 a.m. she attended the East Valley Partnership Transportation Committee meeting where they heard from Valley Metro and Waymo. She attended the virtual League Call regarding the weekly Legislative Update, ad also the first Fountain Hills Bioliphic Cities committee meeting which is a project to make nature a part of everyday life through lifestyle, design, and architecture. She said that she also went with her husband for his second COVID vaccine as he has been volunteering through the County. She was very impressed with how organized it was run. Mayor Dickey reported that she attended the East Valley Mayors meeting on Zoom along with Paradise Valley, Chandler, Queen Creek, Carefree, Mesa. regarding short-term Town Council Regular Meeting of January 19, 2021 2 of 11 rental party houses, transportation and COVID impacts. She said that this year's State of the City/Town addresses will be different with video only, some postponing or a virtual hybrid, like Fountain Hills will be on January 26, 2021. She said that cities and towns, including Fountain Hills, have been reaching out to the County and Governor to get information or offer assistance with vaccine distribution. She said that they are very committed to serving locally. Further information is available at www.azdhs.gov and www.maricopa.gov. She said that the Mayor's Youth Committee met to discuss their community service projects, and she was looking forward to hearing what they decided. She reported that the International Dark Sky Discovery Center launched their Capital Fundraising Campaign. With much support from GPEC, they are engaging businesses, education, government and community leaders in this project, which will be located in the Town's civic center plaza. She said that she was honored to administer the oath of office for School Board Members Jill Reed and Dana Saar. She and Dana served on the Board together in 1996, and they appreciate his, Jill's and all Members' service to the kids and community. Councilmember Magazine noted that the Dark Sky Discovery Center has kicked off their fundraising efforts, trying to raise $18 million. He also added that his wife knows someone that works at Pfizer and they are anticipating that CVS and WalMart will have the vaccines available within two to three weeks. He said that he is seeing problems in other parts of the state, but most of what is happening in this area is going smoothly. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS None 6. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to approve Consent Agenda Items 6-A through 6-C. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of January 5, 2021, and the Regular Meeting of January 5, 2021. Town Council Regular Meeting of January 19, 2021 3 of 11 B. CONSIDERATION OF Resolution 2021-03, abandoning the 23.07' Drainage and Slope Easement at the rear property line of 13439 N. Stone View Trail (Adero Canyon Parcel 1, Lot 106). C. CONSIDERATION OF Resolution 2021-04, abandoning the 10' Public Utility and Drainage Easement at the rear of15543 E. Chicory. 7. REGULAR AGENDA A. CONSIDERATION OF a Shade Structure at Four Peaks Park Playground. Community Services Director Rachael Goodwin said that they have been making improvements at Four Peaks Park with the new playground, but it is lacking shade. This item will extend the life of the structures, and also extends the playability of the space. All the pieces of equipment, other than the zip line, will be covered with a 64' x 102' canopy, that can withstand up to 125 mph wind speeds. She said that generally these types of structures lasts from eight to ten years. She said that the funds have already been allocated in the budget and they have the contract in place. Mr. Miller added that the Town Council authorized this contract previously, and they have plenty of money, but since this was part of the CIP, staff felt it should be brought back to the Council. Councilmember Magazine asked about the awning and the effects of the sun. Ms. Goodwin said that they do work with the contractor to provide a UV protective coating. The vendor has worked with the Town in the past, such as the cover over the Musical Instruments area at Fountain Park, which is about five years old. Counilmember Scharnow said that he drove by that park this afternoon, and he asked how the basketball courts are doing. Ms. Goodwin said that they are getting a lot of daily use. There have been questions raised about some adult leagues and they are looking at expanding the opportunities there. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to approve the purchase of a shade structure for Four Peaks Park playground from Shade'N Net not to exceed $121,100 utilizing current Contract 2017-072.3. Vote: 7 - 0 Passed - Unanimously B. Review, discuss and provide feedback on the draft Sign Ordinance. Mr. Miller said that what is before the Council is a proposed ordinance that went through the Planning and Zoning Commission last May/June. He said that they will treat this item and the next as work sessions. He said that these are complex issues and it is often easier to learn in this formation. Mr. Wesley said that they are looking for discussion and feedback on the concepts. He had intended to get a notebook to the Council ahead of time, but was unable to do so. He has placed one for each on the dais. He then began a review of the PowerPoint which Town Council Regular Meeting of January 19, 2021 4 of 11 addressed: OVERVIEW Background and Goals Overview of Draft Ordinance Review/discussion of individual sections and key modifications BACKGROUND/GOALS Reed v. Town of Gilbert - outcome is that sign regulations cannot be content -based. Process: Reviewed other updated codes Involved stakeholders Goals: Remove content based regulations Improve readability Address known issues Maintain consistency OVERVIEW Section 6.01 - Introduction Changed Name Expanded to provide more background and legal framework Councilmember McMahon asked about the definition for directional signs and if they are only allowed in or near a driveway. Mr. Wesley said that was because those are typically used for garage sales and open houses. It is just telling them how close they can be to the road. Discussion was held on political signs. Mayor Dickey said that everyone is struggling in the fact that if they follow the state statutes, they are not following Reed v. Town of Gilbert ruling. Councilmember Scharnow said that he did not understand how a state legislature can overrule a Supreme Court ruling. Councilmember Magazine said that in his opinion the signs look trashy. They could ban all signs, which is not feasible. He asked if it would it be possible to allow a -frames on Fridays, Saturdays and Sundays. Mr. Wesley sad that they will talk more about it in Sec. 6.06 and how it addresses temporary signs. Section 6.02 - Definitions Section currently Reserved Moved definitions from Sec. 1.12 of Zoning Ordinance Updated and added pictures Sec. 6.03 - Building Permits; Fees Essentially the same; reorganized and removed unneeded items Added Section F describing information needed for a permit Sec. 6.04 Mr. Wesley said that they are proposing to increase the fines. Town Council Regular Meeting of January 19, 2021 5 of 11 Sec. 6.05 - Enforcement and Remedies Councilmember McMahon asked why they have to wait 12 months. Mr. Wesley said that this section is stating that if they have already been fined within a 12-month period, the fines will double. He said that once someone is fined, Code Enforcement usually works with them to get them into compliance, but technically it is a new offense each day they are out of compliance. Sec. 6.06 - Sign Plans (New) Sec. 6.07 Councilmember Grzybowski said that "pretty" is in the eye of the beholder. Councilmember Magazine said that he agreed, but they make judgments all the time. They have to consider alternatives. Back to Sec. 6.01, Councilmember Magazine asked if the "written consent of the property owner" would apply to shopping centers. Mr. Wesley said that typically is addressed through their lease, and they are addressed through the design process. Sec. 6.06 - Sign Plan Mr. Wesley said that this section has been added to encourage more attractive sign designs. Councilmember Magazine asked if they have considered having a variety of acceptable colors. Mr. Wesley said that they ran into challenges with that quickly because some corporate colors may not be permitted. To try and dictate something different is a challenge. Sec. 6.07 - General Regulations Mr. Wesley said that currently they do not allow temporary signs on Shea. Councilmember Magazine asked how they would handle political signs on Shea. Mr. Wesley said that those are covered by state statutes. Mayor Dickey said that in the past when the legislature said they have to allow political signs in the rights -of -way, statutes were written to allow sign -free zones. At that time, the Town adopted a sign -free zone resolution. She said that Cave Creek does not allow portable signs without a permit. She said that Paradise Valley requires all temporary signs to be removed each day by sunset. She said that she would prefer to not have signs on Shea. Councilmember Scharnow said that he would tend to agree with that as well. He asked if staff has seen in their research how other communities deal with political signs. Mr. Wesley said that from what he has heard, they are confused and challenged. He is not sure of anyone trying to force an issue. Mr. Arnson said that he has not heard of a preemptive challenge. He said that many different agencies and interest groups, including the League, have spent countless hours on this issue. Mayor Dickey said that she thought they were more concerned with what is in the right-of-way and not in someone's yard. Mr. Wesley noted that neon signs are permitted in a window. Councilmember Magazine asked about signs advertising public hearings for zoning cases. Mr. Wesley said those are on the property. Town Council Regular Meeting of January 19, 2021 6 of 11 Mr. Wesley said that the current code allows temporary signs, but it requires that the issue come back before Council every two years. He said that the last extension expired the end of December, so staff has not been enforcing that because they have not had that discussion. Councilmember Magazine said that they now have two code enforcement officers. Mr. Miller said that the officers have staggered work hours so one is working over the weekend to address signs. Brief discussion was held on time limits. Mr. Wesley noted that the new code does not include any time frames. Councilmember Magazine asked when someone is fined if the Code Enforcement Officer has to remove a sign for noncompliance. Mr. Wesley said that he did not remember specifically, but the Code Enforcement Officers do occasionally come in early and work late to address issues. This also occurs when addressing lights that have been reported as too bright. Mayor Dickey said that when she was on the Council before when the sunset clause was put into effect for a -frame signs, they would get a report of 95% noncompliance, but it would continue to be extended. She would be okay with getting rid of the sunset clause altogether and have a strong sign code. Councilmember McMahon said that they are a unique, beautiful town, and asked if they considered having stricter regulations in the downtown area. She said that it may be more aesthetically pleasing to have consistent signage. She suggested that they have a design contest. Councilmember Magazine said that he totally agreed, but he would not do it just for the downtown. Mayor Dickey said that a few years ago they talked about wayfinding signs and the discussion was how they should look. She could see doing that, if it was something affordable. Councilmember Scharnow said that he did not see the difference. Councilmember Grzybowski said that, as a business owner, if she is told that she has to have a specific sign, all she sees are dollar signs. She said that she purchased hers based on price point. She said that if they have beautiful signs designed, they need to be at a point financially where they could help. They are financially far from that point. Councilmember McMahon said that perhaps it is something they could discuss in the future. Councilmember Magazine said that the Chamber could buy in bulk. Mr. Wesley said, in regard to banners, balloons and pennants, that banners have not been included in the permit requirement, but that is an issue that could be considered. Mayor Dickey said that they have some homes with draping on the outside. She said that they were told that there was nothing in the Code to address that and she asked if it was in a different area of the Code. Mr. Wesley said that those are not conveying a message, so they would not be addressed in the sign regulations. It would need to be addressed in a different part of the Code. Councilmember Magazine sad that he has a lot of trouble with the enforcement issue. Councilmember McMahon asked, in regard to banners, if they can regulate the size and Town Council Regular Meeting of January 19, 2021 7 of 11 number of days through a permit. Mr. Wesley said that issues are addressed on a complaint basis or by a Code Enforcement Officer. Councilmember Scharnow asked how much a permit would cost. Mr. Wesley said that they would be $25. Councilmember Scharnow agreed that they should have a permit. Councilmember Scharnow asked about political banners. He said that they did see a lot of them on homes, and asked if whether or not they were allowed. Mr. Wesley said that probably another discussion to have with the Town Attorney. He said that they have talked with the Town Council about signs in the medians and the Code does not allow them. He said that they probably could have done the same thing with banners, but because of the confusion of balancing the Code and statutes, they let them go. Councilmember McMahon asked if a political banner could be subject to a temporary use permit. Mr. Arnson said that there ar two parts to that answer. First, they always have to figure out the Town regulations versus state preemptions; and second, if there is an issue with size, they could regulate that. Mr. Wesley said that the current Code has speaker box standards, but it was removed in the new proposal. There are other rules that regulate those. Mr. Wesley said that the Dark Skies Group has agreed with 100 nits for electronic message centers. Councilmember McMahon asked if they could limit the number in town. Mr. Wesley said that it would be difficult to not allow them. TEMPORARY SIGN ALLOWANCES Discussion was held on the regulation of temporary signs. Mr. Wesley said that the new code is recommending a limit of six, to allow someone to get people into their property for yard sales, for example. Councilmember Scharnow said that he felt six was too many. At this time, Councilmember Scharnow presented four pictures of sign issues he has identified around town. He said that he has never liked signs, such as a -frames, tents, garage sales, open houses. He felt that those types are detrimental and detracts from the beauty of the Town, and they also create a traffic safety issue. He said that most people are now doing research online before they visit a business, so he does not see a need for a -frame signs. This also applies to realty sales; most people view homes for sale online. Councilmember Magazine thanked Councilmember Scharnow for his presentation. He said that he agrees with everything he said, but he does not know what the answer is. Vice Mayor Spelich thanked Mr. Wesley and the Commission for all the time and effort put into the proposed code. He said that they should not regulate the American Flag. He would not get a permit, nor should anyone need one. Counilmember Grzybowski said that this is a tough conversation. She agrees that the lit signs are different, but they are probably what catches their eyes and everyone is doing it. She said that she does think the consistent wayfinding signs would be helpful, but they do not have the money for it. Councilmember Magazine asked how the Zoning Ordinance affect HOA's. Mr. Wesley said that their Zoning Ordinance is effective on everything. If it is more restrictive in their CC&R's, then they would govern. Mr. Miller said that a number of HOA's restrict the number of garage sales they can have. Town Council Regular Meeting of January 19, 2021 8 of 11 Councilmember Magazine asked if Mr. Miller receives reports on the number of violations. Mr. Miller said that he typically sees things. He drives around on weekends and notices things. He said that since the Town Council authorized the second code enforcement officer, it has made a world of difference. Councilmember Friedel asked if they could limit the number of real estate signs on a median. With regard to a -frame signs, he said that if a business is sitting back in a plaza, not everyone has a smart phone, and there are a lot of seniors that do not use those. The businesses find these signs helpful. Mr. Miller said that he thought he was hearing that the Council did not want signs in the frontage medians as well. He said that they do not think this is going to be done tonight. They will come back with more refinement based on the feedback they have received. He said that it would probably take two more attempts before they get consensus. Mayor Dickey thanked staff for their work on this issue. A break was taken rom 8:00 p.m. to 8:11 p.m. C. CONSIDERATION OF amending the policy addressing sponsorships, naming rights, and waiver of fees for rentals and events granted to outside groups and organizations. Mr. Miller said that during the User Fee Study, staff was asked about the annual value of the fee waivers. It was provided to the Council in October, and is also included in the packet. He said that as they were looking at it, they wanted to bring the policy they have on sponsorship and naming rights, and the fee waivers, to the Council. Community Services Director Rachael Goodwin said that she has been very close to this issue. They have the policy from 2014, which was amended in 2016 to address issues they were dealing with at that time; namely, events trying to come through that staff did not recommend, wanting a fee waiver. As a result, the Town Council got into discussion of current events that were here since before the Town was incorporated. At that time they also introduced event fees that were tiered. She then began a PowerPoint which addressed: POLICY BACKGROUND FEE WAIVER BACKGROUND CO-SPONSORSHIP BACKGROUND CHALLENGES Sponsored versus Partnered LEGACY EVENTS ADDED IN 2016 INTERGOVERNMENTAL AGREEMENTS AND OPERATING AGREEMENTS NAMING RIGHTS Mr. Miller said that at the end of the night, in addition to guidance on fee waivers, they would like to come back with three separate policies. NAMING RIGHTS SUMMARY Councilmember Magazine said that he did not have any problems with the plazas, but they need to have some criteria that is not political. Just because someone has done a Town Council Regular Meeting of January 19, 2021 9 of 11 good job, does not mean they should have a street named after them. Mr. Miller sad that there is some limited criteria. Councilmember Magazine said that perhaps they should have a different group make recommendations. Mayor Dickey said that some places also require a period of time to have lapsed. Mr. Miller said that they do have that requirement, although in the past the Town Council has overridden that requirement. He said that some communities will give a street an additional name, and keep the original name for addressing purposes. This is an alternative that could be considered. Vice Mayor Spelich said that this came to light recently and he was taken aback by how many hoops one must go through in the Town. It came about with the passing of Dr. C.T. Wright and it would easier to come up with something more flexible. He did not think it was political. If someone makes a significant contribution in actions and deeds, they should be considered. Ms. Burke read a statement from Betsy LaVoie, Director of the Fountain Hills Chamber of Commerce, which said that before a final decision was made the Chamber would like to present to the Town Council the revenues brought in for the Town by the various special events. Ms. Goodwin said that if the day comes when the Manager is gone, and she is gone, they need to have something in writing that explains the process. Documentation helps all staff members as staff and Council change over time. Councilmember Scharnow said that he believed it needed to be done. He said that in looking at the list, he did not have a problem with what they have been doing. Councilmember McMahon asked if there was certain criterial for the fee waivers. She said that she thought there should be some "skin in the game" for those receiving a waiver. Mr. Miller said that the Town Council has identified youth and families as needing to be as affordable as possible, along with seniors. They are heavily subsidized at this point. In exchange for those reductions, they would like to see them provide something. Mayor Dickey noted that the Town used to do youth basketball themselves and little league is something a town might do, as well as the theater. To her, having a function of a town that was bigger and had more staff, these organizations are helping to provide those services. She said, in regard to the Chamber and the Fair, they supply 500 business licenses. She is looking at the money being brought into the Town. She said that if there is an event that there is some question about, they should bring it to the council. Vice Mayor Spelich said that the Town Council should give staff the tools to do this, by providing strict guidelines. He believes that if they sat down with the Chamber, they would see that they use the Town's infrastructure, have cars on the road, etc. He believes that them not being charged is not right. There should also be a charge for meeting rooms and they should have a limit on how many times they can have a meeting. It is hard for the Town Council to go to the residents and cry poor, when they are not charging appropriate fees. He also questioned the use of the concession stand at the ball fields. He said that he did not think that little league should have jurisdiction over the facility. When the Town as events in Town, they should be able to run it. Mr. Miller said that is something that could be in the operating agreement. There is no reason why other groups could not have the Town Council Regular Meeting of January 19, 2021 10 of 11 use of that facility. Things should be fair and equitable. Vice Mayor Spelich said that he is not against the Chamber, but they make very good revenue off of their events and this is not asking too much. Councilmember Grzybowski said that Chamber does make a lot, but this is one of the best Chambers she has been a part of. She benefits from the Art Fair; they all benefit from the Art Fair. It does go back to the business owners that are Chamber members. Vice Mayor Spelich said that when they say the "Chamber brings in revenue" so does the Concours and the Town charges them. To say that Fountain Hills does not benefit from the Phoenix Children's Hospital is not correct. Mayor Dickey said that if someone is a capitalist, they should not care what they make. They have 750 artists. Taking in 500 per business license, that is $37,000. They also provide 13 complimentary booths, including the Town. And, they pay the Four Peaks Rotary for trash removal. Mayor Dickey said that they should let the staff make decisions when the Town Council provides the criteria. Councilmember Magazine said that he did not have a position yet about the Chamber. He asked if anyone has seen their budget. Mr. Miller said that they do not disclose it. Councilmember Magazine said that if the Town is subsidizing them, it seems like they should be able to see their budget. Vice Mayor Spelich said that the fee is also waived for the Thunderbird Artists, and they do not show their budget. Mr. Miller said that when they brought in that fee, they had a lot of pressure to not do it, but in turn, they do not charge Fountain Hills residents, although they do charge a gate fee for others. Councilmember Friedel said that they cannot make an intelligent decision on this. If they want visitors, then they should be waiving the fee to Peter Volny as well. They need to be consistent. Mr. Miller said, in regard to naming rights, that staff can come back with a proposed policy. He said that they have heard some ideas on waiver of fees, regarding fairness and equity, and he sees that they have some criteria that are questionable. Mayor Dickey said that if they are going to look at the bottom line of the Chamber, then they need to look at the bottom line of all of them. Councilmember Grzybowski said that this is a very subjective matter. Whatever they can do to make it less subjective, like finding out how many business licenses they receive, or number of hotels filled, would be helpful. Mr. Miller said that staff will work on some proposed policies for further discussion. Town Council Regular Meeting of January 19, 2021 11 of 11 8. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. None 9. ADJOURNMENT MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held January 19, 2021, adjourned at 9:14 p.m. ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk CERTIFICATION TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor 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 19th day of January, 2021. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of February, 2021. Elizabeth A. Burke, Town Clerk ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/02/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language): PRESENTATION and PUBLIC HEARING on FY19 and FY20 Development Fee Audit Report. Staff Summary (Background) ARS 9-463.05 (G.2). requires a biennial audit of development fees and a public hearing on the audit. An audit was conducted by Willdan Financial Services for FY18-19 and FY19-20 and reviewed the land use assumptions, the infrastructure improvement plan as well as the level of service. No audit issues were found and the conclusion was the development impact fee collections and expenditures are consistent with the 10-year plan identified in the reports. Related Ordinance, Policy or Guiding Principle ARS 9-463.05 G2 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION No Council action is required on this item. Audit Report Attachments Form Review Inbox Reviewed By Date Finance Director (Originator) David Pock 01/25/2021 02:24 PM Town Attorney Aaron D. Arnson 01/26/2021 07:52 AM Town Manager Grady E. Miller 01/26/2021 08:45 AM Form Started By: David Pock Started On: 01/25/2021 02:12 PM Final Approval Date: 01/26/2021 Town Hsll Vol W ILLDAN FINANCIAL SERVICES Table of Contents Section1 - Introduction................................................................................................................................ 2 1.1. Introduction....................................................................................................................................... 2 1.2. Organization of this Report............................................................................................................... 2 1.3. Audit Approach................................................................................................................................. 3 1.4. Audit Objectives................................................................................................................................3 1.5. Audit Results.....................................................................................................................................4 1.6. Audit Limitations...............................................................................................................................4 Section 2 - Parks and Recreation................................................................................................................. 6 2.1. Fee Development.............................................................................................................................. 6 2.2. Land Use Assumptions...................................................................................................................... 6 2.3. Infrastructure Improvement Plan.....................................................................................................7 2.4. Level of Service..................................................................................................................................7 Section3 - Fire and EMS...............................................................................................................................8 3.1. Fee Development.............................................................................................................................. 8 3.2. Land Use Assumptions...................................................................................................................... 8 3.3. Level of Service..................................................................................................................................9 Section4 - Streets.......................................................................................................................................10 4.1. Fee Development............................................................................................................................ 10 4.2. Land Use Assumptions....................................................................................................................10 4.3. Level of Service................................................................................................................................11 Section5 - Permit Sampling.......................................................................................................................12 5.1. Sampling Results............................................................................................................................. 12 Section6 - Conclusions...............................................................................................................................13 6.1. Land Use Assumptions....................................................................................................................13 6.2. Infrastructure Improvement Plan...................................................................................................13 6.3. Level of Service................................................................................................................................13 6.4. Final Conclusion...............................................................................................................................13 uti y, Development Impact Fee Biennial Audit [� s Final Report ��4!1 November 10. 2020 Section 1 - Introduction 1.1. Introduction Willdan Financial Services ("Willdan") was retained by the Town of Fountain Hills, Arizona ("Fountain Hills") to conduct a Biennial Development Impact Fee Audit ("Audit") as required under Arizona Revised Statutes (ARS) 9-463.05. This report details the results of the Audit for the audited period fiscal year (FY) 2018-19 and FY 2019-20. 1.2. Organization of this Report This Audit presents a comparison of the development projections (land use assumptions); capital needs (infrastructure improvement plan); and the level of service (LOS) as identified in the May 7, 2014 Development Impact Fee Report (2014 Report) and January 21, 2020 Land Use Assumptions, Infrastructure Improvement Plan and Development Fee Report (2020 Report) to the development, capital expenditures and level of service experienced by Fountain Hills in FY 2018-20. The report is organized as follows: • Section 1 - Introduction • Section 2 — Parks and Recreation • Section 3 — Fire and Emergency • Section 4 — Streets • Section 5 — Permit Sampling • Section 6 — Conclusions and Recommendations The appendices to this report are as follows: • Appendix A - ARS§ 9-463.05 • Appendix B — Parks and Recreation Analysis • Appendix C — Fire and EMS Analysis • Appendix D — Streets Analysis • Appendix E — Permit Sampling Results W"WILLF)AN E- P a g e 1 2 Development Impact Fee Biennial Audit Final Report November 10. 2020 1.3. Audit Approach (R Willdan staff supporting the Audit meet the definition of "Qualified Professional" as set forth in ARS§ 9- 463.05(T)(8). Consistent with the requirements of ARS§ 9-463.05(G)(2), Willdan audit staff were neither employees or officials of Fountain Hills nor did they prepare the infrastructure improvement plans (IIPs)1. Audit activities consisted solely of document review and discussions with Fountain Hills staff via email and teleconference. Audit activities did not include site visits, first-hand data collection, or independent verification of data submitted by Fountain Hills. In particular, in support of this audit, Willdan: a) Reviewed IIP forecast and actual expenditures. b) Reviewed LUA forecasted and actual developments. c) Reviewed LOS at two points in time: time of the initial study and the audit timeframe. d) Permit data for purposes of sampling to verify the accuracy of the application of the fees. 1.4. Audit Objectives The primary objectives of the Audit were to: a) Audit Fountain Hills Biennial Development Impact Fees for the periods FY 2018-19 and FY 2019- 20; b) Comply with ARS§ 9-463.05 by: i. Reviewing the progress of anticipated development as identified in the LUA; ii. Reviewing the progress of the infrastructure improvements plan; iii. Reviewing collections and expenditures of development impact fees for each project in the plan; and iv. Evaluating any inequities in implementing the plan or imposing the development impact fees. 1 Fountain Hills Development Impact Fees reports were prepared by Raftelis Financial Consultants March 10 and May 7 2014. The Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee report was prepared by TischlerBise January 21, 2020. W"WILLnAN j',,` P a g e 1 3 Development Impact Fee Biennial Audit Final Report November 10. 2020 1.5. Audit Results Based on Willdan's scope of services performed as part of this Audit as documented in this Report, the results of this audit follow. a) Fountain Hills Biennial Development Impact Fees for the periods FY 2018-19 and FY 2019-20 comply with ARS§ 9-463.05 as further discussed in sections two through four; b) With respect to ARS§ 9-463.05 compliance: i. Willdan's review of the progress of the LUA, identified minor differences between projected and actual development, but anticipates the development over the most recent 10-year study period will not significantly vary from projections. The audit of the LUA are further discussed in sections two through four; ii. Willdan's review of collections and expenditures of the development impact fees for each project in the plan, indicate that no ineligible expenditures were made with development impact fee funds during the study period, as further discussed in sections two through four; and iii. Willdan's evaluation of any inequities in implementing the plan or imposing the development impact fees indicates that the fees were assessed in an appropriate manner based upon the size and type of the development as further discussed in section five. 1.6. Audit Limitations Willdan's role in this Audit was solely that of third -party independent auditor. The results presented in this Audit Report are predicated upon information provided by Fountain Hills and representations made by Fountain Hills personnel. Willdan made reasonable efforts given the nature of this audit to assess the reasonableness of such representations. However, Willdan has no means to determine the extent to which material facts concerning information provided have been fully and accurately disclosed, nor is this a forensic audit. All findings in this report are based solely on Willdan's review of materials furnished by Fountain Hills as identified or publicly available information as cited as well as information obtained by Willdan through emails and meetings with key Fountain Hills staff involved in this audit. Review of additional documentation or disclosure or discovery of material facts could change the findings cited in this Report. y"WILMAN j',,` P a g e 14 Development Impact Fee Biennial Audit Final Report November 10. 2020 a This report documents the audit for the sole purpose of demonstrating compliance with the requirements of ARS§ 9-463.05(G)(2); no other use is expressed or implied. Nothing in this report can be considered a legal opinion. W"WILLF)AN j',,` P a g e 1 5 Development Impact Fee Biennial Audit Final Report November 10. 2020 Section 2 - Parks and Recreation 2.1. Fee Development a The 2014 Report, calculated the parks and recreation development impact fee as based on investments (existing and new) of $22,024,182. The 2020 Report calculated investment to serve new development at $2,212,915. The investments equated to the fees as identified in Table 2-1. The 2014 Report did not calculate parks and recreation development impact fees for non-residential developments. Table 2-1 Parks and Recreation Development Impact Fees Residential Industrial Commercial Institutional Office (per Dwelling Unit) (per 1,000 sq ft) (per 1,000 sq ft) (per 1,000 sq ft) (per 1,000 sq ft) 2014 Report $1,301 n/a n/a n/a n/a 2020 Report 1,827 560 810 320 1,030 2.2. Land Use Assumptions The biennial audit requires an audit of the anticipated growth projections that were adopted in the Fountain Hills land use assumptions (LUA) as compared to the growth by development type that was actually experienced. Table 2-2 summarizes the projected development in the 2014 and 2020 Reports and the actual development that was experienced by Fountain Hills in FY 2018-19 and FY 2019-20. Table 2-2 Projected versus Actual Development Residential (Dwelling Units) Multifamily (Dwelling Units) Industrial (1,000 sq ft) Commercial (1,000 sq ft) Institutional (1,000 sq ft) Office (1,000 sq ft) FY 2018-19 Actual 50 35 n/a n/a n/a n/a Projected 35 20 n/a n/a n/a n/a Difference 15 15 n/a n/a n/a n/a FY 2019-20 Actual 38 27 n/a n/a n/a n/a Projected 65 37 2 29 26 32 Difference (27) (10) (2) (29) (26) (32) As indicated in Table 2-2, the actual development for FY 2018-19 both single family and multifamily developments exceeded the 2014 Report projections. With respect to FY 2019-20 the residential developments fell short of projections. The nonresidential developments were "grandfathered" in under the fees adopted in the prior report and therefore were not required to pay the new parks and recreation development impact fees. As is often the case in the development of financial plans, utility rate studies and impact fee studies, the data that is used for projection purposes are based on the best available data at the time and will be updated over time (as was the case with the 2014 Report being updated through the 2020 Report). The actual development identified in Table 2-2 represent a W"WILLnAN P a g e 1 6 Development Impact Fee Biennial Audit Final Report November 10. 2020 (R "snapshot" in time. Through discussions with Town staff, it was believed that development projections over the new 10-year study period (identified in the 2020 Report) are still valid and the Town will continue to monitor growth and make adjustments as appropriate. 2.3. Infrastructure Improvement Plan The 2014 Report identified existing parks and recreation assets of $24,303,333 plus additional CIP costs of $28,313,000 and study costs of $9,286. There were subtractions in the IIP for grant funds and developer funded improvements of $3,001,637 and $27,600,000 respectively for a total IIP value of $22,204,182. The 2020 Report identified the parks and recreation IIP of $2,212,915. Between FY 2018-19 and FY 2019-20 Fountain Hills generated $191,791 in parks and recreation development impact fee revenues and $24,936 in interest income. There were no expenditures (beyond professional fees for studies) of parks and recreation development impact fees generated from the fees during the FY 2018-19 through FY 2019-20 period. It should be noted that in FY 2018-19 there was a remaining fund balance in an Open Space development impact fee fund that was used to fund Adero Canyon Trailhead (a development impact fee eligible project). As of the end of FY 2018-19 the open space development impact fee fund had interest revenue of $2,053 and expended $565,457 on capital expenditures and $68 on professional fees. The fund balance was reduced to zero and no further fees will be collected, or expenditures made. 2.4. Level of Service Level of service projections are intended to ensure that new development is only being asked to pay for facilities or capital needs at the same level as is currently being experienced by existing Fountain Hills development and are not being asked to increase the overall level of service, without a corresponding funding source from existing development to increase their level of service. The 2014 IIP indicated the need for a single park improvement funded by development impact fees, a 3.4-acre park in FY 2022-23. The 2020 Report identified additional parks and amenities to be acquired based on incremental development during the 10-year study period. No capital expenditures were made on parks or amenities during the 2-years examined in this audit. During the study period, there will be times of increased level of service and times of a lower level of service compared to the 2014 and 2020 Reports identified level of service, based on when facilities are constructed or acquired in relation to the amount of new development that has occurred. The IIP identified the need for additional park facilities to meet the level of service needs based on the anticipated population growth through the study periods. Since no additional park facilities were acquired, but development did occur, there will be a decrease in the overall level of service. Staff continuously monitors the level of service with the overall objective of achieving the designated level of service at the end of the 10-year study period identified in the 2020 Report. W"WILLnAN E` P a g e 1 7 Development Impact Fee Biennial Audit Final Report November 10. 2020 Section 3 - Fire and EMS 3.1. Fee Development (R The 2014 Report, identified the fire and EMS development impact fee as based on investments (existing and new) of $5,921,033. The 2020 Report identified growth -related costs of $159,098 throughout the 10-year study period. The investments equated to the fees per unit as identified in Table 3-1. Table 3-1 Fire and EMS Development Impact Fees Residential Industrial Commercial Institutional Office (per Dwelling Unit) (per 1,000 sq ft) (per 1,000 sq ft) (per 1,000 sq ft) (per 1,000 sq ft) 2014 Report $300 $243 $243 n/a n/a 2020 Report 116 100 140 60 180 3.2. Land Use Assumptions The biennial audit requires an audit of the anticipated growth projections that were adopted in Fountain Hills LUAs as compared to the growth by development type that was actually experienced. Table 3-2 summarizes the projected development in the 2014 and 2020 Reports and the actual development that was experienced by Fountain Hills in FY 2018-19 and FY 2019-20. Table 3-2 Projected versus Actual Development Single Family (Dwelling Units) Multifamily (Dwelling Units) Industrial (1,000 sq ft) Commercial (1,000 sq ft) Institutional (1,000 sq ft) Office (1,000 sq ft) FY 2018-19 Actual 50 35 0.000 2.040 n/a n/a Projected 35 20 0.492 11.110 n/a n/a Difference 15 15 (0.492) (9.070) n/a n/a FY 2019-20 Actual 37 27 0.000 66.240 0.000 0.000 Projected 65 37 2.000 29.000 26.000 32.000 Difference (28) (10) (2.000) 37.240 (26.000) (32.000) As indicated in Table 3-2, the FY 2018-19 actual developments for residential (single family and multifamily) developments exceeded projections whereas the actual nonresidential (industrial and commercial) developments fell short of the projected developments. For FY 2019-20 only the commercial developments exceeded projections. As is often the case in the development of financial plans, utility rate studies and impact fee studies, the data that is used for projection purposes are based on the best available data at the time and are updated at regular intervals (as was the case with the 2014 Report being updated with new assumptions and projections in the 2020 Report). The actual development identified in Table 3-2 represent a "snapshot" in time, during the study periods. Through discussions with Town staff, it is believed that the future development will continue to vary from W"WILLF)AN j',,` P a g e 18 Development Impact Fee Biennial Audit Final Report November 10. 2020 (R projections on a year to year basis, but will achieve the developments identified at the end of the 10- year study period identified in the 2020 Report. Infrastructure Improvement Plan The 2014 Report identified existing fire and EMS assets of $4,289,257 plus additional CIP costs of $2,767,000, interest on new debt of $1,560,139 and study costs of $9,286. There were subtractions in the IIP for grant funds and developer funded improvements of $59,789 and $2,644,859 respectively for a total IIP value of $5,921,033. The 2020 Report identified growth related IIP costs of $2,212,915. Between FY 2018-19 and FY 2019-20 Fountain Hills generated $47,319 in fire and EMS development impact fee revenues and $9,614 in interest earnings. There were no expenditures (other than for professional fees for studies) of fire and EMS development impact fees generated from the fees during the FY 2018-19 through FY 2019-20 period. As discussed previously, the development projections are not anticipated to occur as originally projected. The IIPs were based on the anticipated developments, therefore as development changes so too does the timing of capital expenditures. With new development the 2014 and 2020 Reports would have anticipated matching capital expenditures, and those expenditures did not occur. 3.3. Level of Service Level of service projections are intended to ensure that new development is only being asked to pay for facilities or capital needs at the same level as is currently being experienced by existing Fountain Hills development and are not being asked to increase the overall level of service, without a corresponding funding source from existing development to increase their level of service. The projected capital expenditures were anticipated based on growth. The expenditures were derived using fractional units, for example 0.00017 units of fire apparatus per person. The Town cannot purchase 0.00017 units of fire apparatus based on 1 new resident. It is therefore necessary to take a broader view of capital expenditures and development and match new development and capital expenditures over the entire study period. It is recommended that staff continuously monitor the level of service with the overall objective of achieving the designated level of service at the end of the 10-year study period identified in the 2020 Report. W"WILLnAN � j',,` P a g e 19 Development Impact Fee Biennial Audit Final Report November 10. 2020 Section 4 - Streets 4.1. Fee Development (R The 2020 Report (and underlying study), identified a new fee for the Town, a streets development impact fee. The new streets development impact fee was based on incremental growth -related needs of $2,657,140. The investments equated to the fees per unit as identified in Table 4-1. Table 4-1 Streets Development Impact Fees Single Family (per Dwelling Unit) Multifamily (per Dwelling Unit) Industrial (per 1,000 sq ft) Commercial (per 1,000 sq ft) Institutional (per 1,000 sq ft) Office (per 1,000 sq ft) 2020 Report $1,935 $964 $630 $2,860 $2,480 $1,240 4.2. Land Use Assumptions The biennial audit requires an audit of the anticipated growth projections that were adopted in Fountain Hills LUA as compared to the growth by development type that was actually experienced and were assessed the streets development impact fee. Table 4-2 summarizes the projected development in the 2020 Report and the actual development that was experienced by Fountain Hills in FY 2020. Table 4-2 Projected versus Actual Development Single Family Multifamily Industrial Commercial Institutional Office (Dwelling Units) (Dwelling Units) (1,000 sq ft) (1,000 sq ft) (1,000 sq ft) (1,000 sq ft) FY 2019-20 Actual 7 1 0.000 45.050 0.000 0.000 Projected 65 37 2.000 29.000 26.000 32.000 Difference (58) (36) (2.000) 16.050 (26.000) (32.000) As indicated in Table 4-2, the 2019-20 only the commercial developments exceeded projections. It should be noted that since the streets development impact fee was new as of the 2020 Report, development projects that were already in process were exempt from the new streets development impact fee and would therefore lower the number of actual development figures shown in Table 4-2. As is often the case in the development of financial plans, utility rate studies and impact fee studies, the data that is used for projection purposes are based on the best available data at the time and are updated at regular intervals. The actual development identified in Table 4-2 represent a "snapshot" in time, during the study period. Through discussions with Town staff, it is believed that the future development will continue to vary from projections but will achieve the developments identified at the end of the 10-year study period identified in the 2020 Report. W"WILLF)AN j',,` P a g e 1 10 Development Impact Fee Biennial Audit [� s Final Report ��4!1 November 10. 2020 Infrastructure Improvement Plan The 2020 Report identified growth -related IIP costs of $2,657,140. In FY 2019-20 Fountain Hills generated $3,870 in streets development impact fee revenues while there were no expenditures in the audit year. As discussed previously, the development projections are not anticipated to occur as originally projected. The IIP was based on the anticipated, therefore as development changes so too does the timing of capital expenditures. However, with new development the 2020 Report would have anticipated matching capital expenditures, and those expenditures did not occur. 4.3. Level of Service Level of service projections are intended to ensure that new development is only being asked to pay for facilities or capital needs at the same level as is currently being experienced by existing Fountain Hills development and are not being asked to increase the overall level of service, without a corresponding funding source from existing development to increase their level of service. The projected capital expenditures included 2.30 new miles of streets of the widening of Shea Boulevard as well as intersection improvements. Shea Boulevard was not widened using development impact fees as a funding source, nor were development impact fees used to improve intersections. As such, the overall level of service in the Town will decrease (new development occurred but there was not a matching increase in streets expenditures). The intent is to maintain the existing level of service by the end of the study period, recognizing that there will be times of higher and lower levels of service throughout the study period. It is recommended that staff continuously monitor the level of service with the overall objective of achieving the designated level of service at the end of the 10-year study period identified in the 2020 Report. W"WILLnAN E;"°' P a g e 1 11 Development Impact Fee Biennial Audit �y Final Report s, November 10. 2020 Section 5 - Permit Sampling 5.1. Sampling Results As part of the audit process Willdan took a random sample of residential (40) permits and non- residential (8) permits that were issued between FY 2018-19 and FY 2019-20. The purpose of the sampling was to identify any instances where the fee that was assessed to the development varied from the fee that should have been assessed based on a per dwelling unit or square footage of development basis. Our sampling review did not identify any developments that were assessed incorrect development impact fees. W"WILLF)AN j',,` P a g e 1 12 Development Impact Fee Biennial Audit [� s Final Report ��4!1 November 10. 2020 Section 6 - Conclusions 6.1. Land Use Assumptions Willdan conducted an audit of Fountain Hills's actual development projections for FY 2018-19 and FY 2019-20 and compared the actual new development with the development projections in the 2014 and 2020 Reports. While there were variances between what had been originally projected and what actually occurred, the original projections were based on the best available data at the time of the study. 6.2. Infrastructure Improvement Plan We reviewed the projects that were included in the 2014 and 2020 Reports. As was the case with the LUA, the IIP was developed based on the best available information at the time of the analysis, and the actual expenditures differed from what was projected. While there were differences between the projected IIPs and what actually occurred, it is important to note that in many cases, the IIPs identified the need for capital over the entire study period time horizon and not necessarily in a specific year. As such, the completion of projects should be viewed through a longer (the entire study period horizon) rather than a more focused view on one or two specific years. 6.3. Level of Service The level of service for a given fee area is in flux over time and will change as new projects are incorporated into Fountain Hills existing facilities and networks or as development within Fountain Hills changes. As the Town did experience new development during the audit period but did not expand facilities (with the exception of the open space expenditure) there will be an overall decrease in the level of service during the audit period. We recommend that the Town closely monitor the level of service in the future in adhering to the level of service for the 10-year study period identified in the 2020 Report and make adjustments to the IIP as appropriate. 6.4. Final Conclusion It is our opinion that Fountain Hills's development, development impact fee collections and expenditures are consistent with the 10-year plans identified in the 2014 and 2020 Reports and is consistent with ARS§ 9-463.05. W"WILLnAN j',,` P a g e 1 13 APPENDIX A ARS §9-463905 9-463.05. Development fees; imposition by cities and towns; infrastructure improvements plan; annual report; advisory committee; limitation on actions definitions A. A municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvements plan. B. Development fees assessed by a municipality under this section are subject to the following requirements: 1. Development fees shall result in a beneficial use to the development. 2. The municipality shall calculate the development fee based on the infrastructure improvements plan adopted pursuant to this section. 3. The development fee shall not exceed a proportionate share of the cost of necessary public services, based on service units, needed to provide necessary public services to the development. 4. Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the service area. 5. Development fees may not be used for any of the following: (a) Construction, acquisition or expansion of public facilities or assets other than necessary public services or facility expansions identified in the infrastructure improvements plan. (b) Repair, operation or maintenance of existing or new necessary public services or facility expansions. (c) Upgrading, updating, expanding, correcting or replacing existing necessary public services to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards. (d) Upgrading, updating, expanding, correcting or replacing existing necessary public services to provide a higher level of service to existing development. (e) Administrative, maintenance or operating costs of the municipality. 6. Any development for which a development fee has been paid is entitled to the use and benefit of the services for which the fee was imposed and is entitled to receive immediate service from any existing facility with available capacity to serve the new service units if the available capacity has not been reserved or pledged in connection with the construction or financing of the facility. 7. Development fees may be collected if any of the following occurs: (a) The collection is made to pay for a necessary public service or facility expansion that is identified in the infrastructure improvements plan and the municipality plans to complete construction and to have the service available within the time period established in the infrastructure improvement plan, but in no event longer than the time period provided in subsection H, paragraph 3 of this section. (b) The municipality reserves in the infrastructure improvements plan adopted pursuant to this section or otherwise agrees to reserve capacity to serve future development. (c) The municipality requires or agrees to allow the owner of a development to Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-1 construct or finance the necessary public service or facility expansion and any of the following apply: (i) The costs incurred or money advanced are credited against or reimbursed from the development fees otherwise due from a development. (ii) The municipality reimburses the owner for those costs from the development fees paid from all developments that will use those necessary public services or facility expansions. (iii) For those costs incurred the municipality allows the owner to assign the credits or reimbursement rights from the development fees otherwise due from a development to other developments for the same category of necessary public services in the same service area. 8. Projected interest charges and other finance costs may be included in determining the amount of development fees only if the monies are used for the payment of principal and interest on the portion of the bonds, notes or other obligations issued to finance construction of necessary public services or facility expansions identified in the infrastructure improvements plan. 9. Monies received from development fees assessed pursuant to this section shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section. Monies received from a development fee identified in an infrastructure improvements plan adopted or updated pursuant to subsection D of this section shall be used to provide the same category of necessary public services or facility expansions for which the development fee was assessed and for the benefit of the same service area, as defined in the infrastructure improvements plan, in which the development fee was assessed. Interest earned on monies in the separate fund shall be credited to the fund. 10. The schedule for payment of fees shall be provided by the municipality. Based on the cost identified in the infrastructure improvements plan, the municipality shall provide a credit toward the payment of a development fee for the required or agreed to dedication of public sites, improvements and other necessary public services or facility expansions included in the infrastructure improvements plan and for which a development fee is assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer. The developer of residential dwelling units shall be required to pay development fees when construction permits for the dwelling units are issued, or at a later time if specified in a development agreement pursuant to section 9-500.05. If a development agreement provides for fees to be paid at a time later than the issuance of construction permits, the deferred fees shall be paid no later than fifteen days after the issuance of a certificate of occupancy. The development agreement shall provide for the value of any deferred fees to be supported by appropriate security, including a surety bond, letter of credit or cash bond. 11. If a municipality requires as a condition of development approval the construction or improvement of, contributions to or dedication of any facilities that were not included in a previously adopted infrastructure improvements plan, the municipality shall cause the infrastructure improvements plan to be amended to include the facilities and shall provide a credit toward the payment of a development fee for the construction, improvement, contribution or dedication of the facilities to the extent that the facilities will substitute for or otherwise reduce Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-2 the need for other similar facilities in the infrastructure improvements plan for which development fees were assessed. 12. The municipality shall forecast the contribution to be made in the future in cash or by taxes, fees, assessments or other sources of revenue derived from the property owner towards the capital costs of the necessary public service covered by the development fee and shall include these contributions in determining the extent of the burden imposed by the development. Beginning August 1, 2014, for purposes of calculating the required offset to development fees pursuant to this subsection, if a municipality imposes a construction contracting or similar excise tax rate in excess of the percentage amount of the transaction privilege tax rate imposed on the majority of other transaction privilege tax classifications, the entire excess portion of the construction contracting or similar excise tax shall be treated as a contribution to the capital costs of necessary public services provided to development for which development fees are assessed, unless the excess portion was already taken into account for such purpose pursuant to this subsection. 13. If development fees are assessed by a municipality, the fees shall be assessed against commercial, residential and industrial development, except that the municipality may distinguish between different categories of residential, commercial and industrial development in assessing the costs to the municipality of providing necessary public services to new development and in determining the amount of the development fee applicable to the category of development. If a municipality agrees to waive any of the development fees assessed on a development, the municipality shall reimburse the appropriate development fee accounts for the amount that was waived. The municipality shall provide notice of any such waiver to the advisory committee established pursuant to subsection G of this section within thirty days. 14. In determining and assessing a development fee applying to land in a community facilities district established under title 48, chapter 4, article 6, the municipality shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and shall not assess a portion of the development fee based on the infrastructure or costs. C. A municipality shall give at least thirty days' advance notice of intention to assess a development fee and shall release to the public and post on its website or the website of an association of cities and towns if a municipality does not have a website a written report of the land use assumptions and infrastructure improvements plan adopted pursuant to subsection D of this section. The municipality shall conduct a public hearing on the proposed development fee at any time after the expiration of the thirty day notice of intention to assess a development fee and at least thirty days before the scheduled date of adoption of the fee by the governing body. Within sixty days after the date of the public hearing on the proposed development fee, a municipality shall approve or disapprove the imposition of the development fee. A municipality shall not adopt an ordinance, order or resolution approving a development fee as an emergency measure. A development fee assessed pursuant to this section shall not be effective until seventy-five days after its formal adoption by the governing body of the municipality. Nothing in this subsection shall affect any development fee adopted before July 24, 1982. Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-3 D. Before the adoption or amendment of a development fee, the governing body of the municipality shall adopt or update the land use assumptions and infrastructure improvements plan for the designated service area. The municipality shall conduct a public hearing on the land use assumptions and infrastructure improvements plan at least thirty days before the adoption or update of the plan. The municipality shall release the plan to the public, post the plan on its website or the website of an association of cities and towns if the municipality does not have a website, including in the posting its land use assumptions, the time period of the projections, a description of the necessary public services included in the infrastructure improvements plan and a map of the service area to which the land use assumptions apply, make available to the public the documents used to prepare the assumptions and plan and provide public notice at least sixty days before the public hearing, subject to the following: 1. The land use assumptions and infrastructure improvements plan shall be approved or disapproved within sixty days after the public hearing on the land use assumptions and infrastructure improvements plan and at least thirty days before the public hearing on the report required by subsection C of this section. A municipality shall not adopt an ordinance, order or resolution approving the land use assumptions or infrastructure improvements plan as an emergency measure. 2. An infrastructure improvements plan shall be developed by qualified professionals using generally accepted engineering and planning practices pursuant to subsection E of this section. 3. A municipality shall update the land use assumptions and infrastructure improvements plan at least every five years. The initial five year period begins on the day the infrastructure improvements plan is adopted. The municipality shall review and evaluate its current land use assumptions and shall cause an update of the infrastructure improvements plan to be prepared pursuant to this section. 4. Within sixty days after completion of the updated land use assumptions and infrastructure improvements plan, the municipality shall schedule and provide notice of a public hearing to discuss and review the update and shall determine whether to amend the assumptions and plan. 5. A municipality shall hold a public hearing to discuss the proposed amendments to the land use assumptions, the infrastructure improvements plan or the development fee. The land use assumptions and the infrastructure improvements plan, including the amount of any proposed changes to the development fee per service unit, shall be made available to the public on or before the date of the first publication of the notice of the hearing on the amendments. 6. The notice and hearing procedures prescribed in paragraph 1 of this subsection apply to a hearing on the amendment of land use assumptions, an infrastructure improvements plan or a development fee. Within sixty days after the date of the public hearing on the amendments, a municipality shall approve or disapprove the amendments to the land use assumptions, infrastructure improvements plan or development fee. A municipality shall not adopt an ordinance, order or resolution approving the amended land use assumptions, infrastructure improvements plan or development fee as an emergency measure. 7. The advisory committee established under subsection G of this section shall file its written comments on any proposed or updated land use assumptions, Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-4 infrastructure improvements plan and development fees before the fifth business day before the date of the public hearing on the proposed or updated assumptions, plan and fees. 8. If, at the time an update as prescribed in paragraph 3 of this subsection is required, the municipality determines that no changes to the land use assumptions, infrastructure improvements plan or development fees are needed, the municipality may as an alternative to the updating requirements of this subsection publish notice of its determination on its website and include the following: (a) A statement that the municipality has determined that no change to the land use assumptions, infrastructure improvements plan or development fee is necessary. (b) A description and map of the service area in which an update has been determined to be unnecessary. (c) A statement that by a specified date, which shall be at least sixty days after the date of publication of the first notice, a person may make a written request to the municipality requesting that the land use assumptions, infrastructure improvements plan or development fee be updated. (d) A statement identifying the person or entity to whom the written request for an update should be sent. 9. If, by the date specified pursuant to paragraph 8 of this subsection, a person requests in writing that the land use assumptions, infrastructure improvements plan or development fee be updated, the municipality shall cause, accept or reject an update of the assumptions and plan to be prepared pursuant to this subsection. 10. Notwithstanding the notice and hearing requirements for adoption of an infrastructure improvements plan, a municipality may amend an infrastructure improvements plan adopted pursuant to this section without a public hearing if the amendment addresses only elements of necessary public services in the existing infrastructure improvements plan and the changes to the plan will not, individually or cumulatively with other amendments adopted pursuant to this subsection, increase the level of service in the service area or cause a development fee increase of greater than five per cent when a new or modified development fee is assessed pursuant to this section. The municipality shall provide notice of any such amendment at least thirty days before adoption, shall post the amendment on its website or on the website of an association of cities and towns if the municipality does not have a website and shall provide notice to the advisory committee established pursuant to subsection G of this section that the amendment complies with this subsection. E. For each necessary public service that is the subject of a development fee, the infrastructure improvements plan shall include: 1. A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable. 2. An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable. Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-5 3. A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to development in the service area based on the approved land use assumptions, including a forecast of the costs of infrastructure, improvements, real property, financing, engineering and architectural services, which shall be prepared by qualified professionals licensed in this state, as applicable. 4. A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial. 5. The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria. 6. The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years. 7. A forecast of revenues generated by new service units other than development fees, which shall include estimated state -shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section. F. A municipality's development fee ordinance shall provide that a new development fee or an increased portion of a modified development fee shall not be assessed against a development for twenty-four months after the date that the municipality issues the final approval for a commercial, industrial or multifamily development or the date that the first building permit is issued for a residential development pursuant to an approved site plan or subdivision plat, provided that no subsequent changes are made to the approved site plan or subdivision plat that would increase the number of service units. If the number of service units increases, the new or increased portion of a modified development fee shall be limited to the amount attributable to the additional service units. The twenty-four month period shall not be extended by a renewal or amendment of the site plan or the final subdivision plat that was the subject of the final approval. The municipality shall issue, on request, a written statement of the development fee schedule applicable to the development. If, after the date of the municipality's final approval of a development, the municipality reduces the development fee assessed on development, the reduced fee shall apply to the development. G. A municipality shall do one of the following: 1. Before the adoption of proposed or updated land use assumptions, infrastructure improvements plan and development fees as prescribed in subsection D of this section, the municipality shall appoint an infrastructure improvements advisory committee, subject to the following requirements: (a) The advisory committee shall be composed of at least five members who are appointed by the governing body of the municipality. At least fifty per cent of the members of the advisory committee must be representatives of the real estate, Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-6 development or building industries, of which at least one member of the committee must be from the home building industry. Members shall not be employees or officials of the municipality. (b) The advisory committee shall serve in an advisory capacity and shall: (i) Advise the municipality in adopting land use assumptions and in determining whether the assumptions are in conformance with the general plan of the municipality. (ii) Review the infrastructure improvements plan and file written comments. (iii) Monitor and evaluate implementation of the infrastructure improvements plan. (iv) Every year file reports with respect to the progress of the infrastructure improvements plan and the collection and expenditures of development fees and report to the municipality any perceived inequities in implementing the plan or imposing the development fee. (v) Advise the municipality of the need to update or revise the land use assumptions, infrastructure improvements plan and development fee. (c) The municipality shall make available to the advisory committee any professional reports with respect to developing and implementing the infrastructure improvements plan. (d) The municipality shall adopt procedural rules for the advisory committee to follow in carrying out the committee's duties. 2. In lieu of creating an advisory committee pursuant to paragraph 1 of this subsection, provide for a biennial certified audit of the municipality's land use assumptions, infrastructure improvements plan and development fees. An audit pursuant to this paragraph shall be conducted by one or more qualified professionals who are not employees or officials of the municipality and who did not prepare the infrastructure improvements plan. The audit shall review the progress of the infrastructure improvements plan, including the collection and expenditures of development fees for each project in the plan, and evaluate any inequities in implementing the plan or imposing the development fee. The municipality shall post the findings of the audit on the municipality's website or the website of an association of cities and towns if the municipality does not have a website and shall conduct a public hearing on the audit within sixty days of the release of the audit to the public. H. On written request, an owner of real property for which a development fee has been paid after July 31, 2014 is entitled to a refund of a development fee or any part of a development fee if: 1. Pursuant to subsection B, paragraph 6 of this section, existing facilities are available and service is not provided. 2. The municipality has, after collecting the fee to construct a facility when service is not available, failed to complete construction within the time period identified in the infrastructure improvements plan, but in no event later than the time period specified in paragraph 3 of this subsection. 3. For a development fee other than a development fee for water or wastewater facilities, any part of the development fee is not spent as authorized by this section within ten years after the fee has been paid or, for a development fee for water or wastewater facilities, any part of the development fee is not spent as authorized by this section within fifteen years after the fee has been paid. Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-7 I. If the development fee was collected for the construction of all or a portion of a specific item of infrastructure, and on completion of the infrastructure the municipality determines that the actual cost of construction was less than the forecasted cost of construction on which the development fee was based and the difference between the actual and estimated cost is greater than ten per cent, the current owner may receive a refund of the portion of the development fee equal to the difference between the development fee paid and the development fee that would have been due if the development fee had been calculated at the actual construction cost. J. A refund shall include any interest earned by the municipality from the date of collection to the date of refund on the amount of the refunded fee. All refunds shall be made to the record owner of the property at the time the refund is paid. If the development fee is paid by a governmental entity, the refund shall be paid to the governmental entity. K. A development fee that was adopted before January 1, 2012 may continue to be assessed only to the extent that it will be used to provide a necessary public service for which development fees can be assessed pursuant to this section and shall be replaced by a development fee imposed under this section on or before August 1, 2014. Any municipality having a development fee that has not been replaced under this section on or before August 1, 2014 shall not collect development fees until the development fee has been replaced with a fee that complies with this section. Any development fee monies collected before January 1, 2012 remaining in a development fee account: 1. Shall be used towards the same category of necessary public services as authorized by this section. 2. If development fees were collected for a purpose not authorized by this section, shall be used for the purpose for which they were collected on or before January 1, 2020, and after which, if not spent, shall be distributed equally among the categories of necessary public services authorized by this section. L. A moratorium shall not be placed on development for the sole purpose of awaiting completion of all or any part of the process necessary to develop, adopt or update development fees. M. In any judicial action interpreting this section, all powers conferred on municipal governments in this section shall be narrowly construed to ensure that development fees are not used to impose on new residents a burden all taxpayers of a municipality should bear equally. N. Each municipality that assesses development fees shall submit an annual report accounting for the collection and use of the fees for each service area. The annual report shall include the following: 1. The amount assessed by the municipality for each type of development fee. 2. The balance of each fund maintained for each type of development fee assessed as of the beginning and end of the fiscal year. 3. The amount of interest or other earnings on the monies in each fund as of the end of the fiscal year. 4. The amount of development fee monies used to repay: (a) Bonds issued by the municipality to pay the cost of a capital improvement project that is the subject of a development fee assessment, including the amount Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-8 needed to repay the debt service obligations on each facility for which development fees have been identified as the source of funding and the time frames in which the debt service will be repaid. (b) Monies advanced by the municipality from funds other than the funds established for development fees in order to pay the cost of a capital improvement project that is the subject of a development fee assessment, the total amount advanced by the municipality for each facility, the source of the monies advanced and the terms under which the monies will be repaid to the municipality. 5. The amount of development fee monies spent on each capital improvement project that is the subject of a development fee assessment and the physical location of each capital improvement project. 6. The amount of development fee monies spent for each purpose other than a capital improvement project that is the subject of a development fee assessment. O. Within ninety days following the end of each fiscal year, each municipality shall submit a copy of the annual report to the city clerk and post the report on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. Copies shall be made available to the public on request. The annual report may contain financial information that has not been audited. P. A municipality that fails to file the report and post the report on the municipality's website or the website of an association of cities and towns if the municipality does not have a website as required by this section shall not collect development fees until the report is filed and posted. Q. Any action to collect a development fee shall be commenced within two years after the obligation to pay the fee accrues. R. A municipality may continue to assess a development fee adopted before January 1, 2012 for any facility that was financed before June 1, 2011 if: 1. Development fees were pledged to repay debt service obligations related to the construction of the facility. 2. After August 1, 2014, any development fees collected under this subsection are used solely for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued before June 1, 2011 to finance construction of the facility. S. Through August 1, 2014, a development fee adopted before January 1, 2012 may be used to finance construction of a facility and may be pledged to repay debt service obligations if: 1. The facility that is being financed is a facility that is described under subsection T, paragraph 7, subdivisions (a) through (g) of this section. 2. The facility was included in an infrastructure improvements plan adopted before June 1, 2011. 3. The development fees are used for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued to finance construction of the necessary public services or facility expansions identified in the infrastructure improvement plan. T. For the purposes of this section: 1. "Dedication" means the actual conveyance date or the date an improvement, facility or real or personal property is placed into service, whichever occurs first. Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-9 2. "Development" means: (a) The subdivision of land. (b) The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that adds or increases the number of service units. (c) Any use or extension of the use of land that increases the number of service units. 3. "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise new necessary public service in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development. 4. "Final approval" means: (a) For a nonresidential or multifamily development, the approval of a site plan or, if no site plan is submitted for the development, the approval of a final subdivision plat. (b) For a single family residential development, the approval of a final subdivision plat. 5. "Infrastructure improvements plan" means a written plan that identifies each necessary public service or facility expansion that is proposed to be the subject of a development fee and otherwise complies with the requirements of this section, and may be the municipality's capital improvements plan. 6. "Land use assumptions" means projections of changes in land uses, densities, intensities and population for a specified service area over a period of at least ten years and pursuant to the general plan of the municipality. 7. "Necessary public service" means any of the following facilities that have a life expectancy of three or more years and that are owned and operated by or on behalf of the municipality: (a) Water facilities, including the supply, transportation, treatment, purification and distribution of water, and any appurtenances for those facilities. (b) Wastewater facilities, including collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities. (c) Storm water, drainage and flood control facilities, including any appurtenances for those facilities. (d) Library facilities of up to ten thousand square feet that provide a direct benefit to development, not including equipment, vehicles or appurtenances. (e) Street facilities located in the service area, including arterial or collector streets or roads that have been designated on an officially adopted plan of the municipality, traffic signals and rights -of -way and improvements thereon. (f) Fire and police facilities, including all appurtenances, equipment and vehicles. Fire and police facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the municipality, vehicles and equipment used to provide administrative services, helicopters or airplanes or a facility that is used for training firefighters or officers from more than one station or substation. (g) Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development. Park and recreational facilities Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-10 do not include vehicles, equipment or that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools. (h) Any facility that was financed and that meets all of the requirements prescribed in subsection R of this section. 8. "Qualified professional" means a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person's license, education or experience. 9. "Service area" means any specified area within the boundaries of a municipality in which development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the infrastructure improvements plan. 10. "Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions. Town of Fountain Hills, AZ Biennial Development Impact Fee Audit FY 2018-20 - State Statute A-11 APPENDIX B Parks and Recreation Analysis Revenues Impact Fees Interest Income Total Revenues Expenditures Capital Expenditures Professional Fees Interest Expense Debt Service Total Expenditures Parks FY 2018-19 FY 2019-20 Total $113,187 $78,604 $191,791 14,898 10,038 24,936 128,085 0 33,094 0 0 33,094 88,642 216,727 0 7,471 0 0 7,471 0 40,565 0 0 40,565 IIP Projects Incremental Expenditures (1) $211,197 $254,071 $465,268 Actual Projects (1) No specific projects were identified in the IIP, but rather anticipated expenditures based on anticipated development Parks Actual Development FY 2018-19 FY 2019-20 Total Single Family (1) 50 38 88 Multifamily (1) 35 27 62 Industrial izl n/a 0.000 0.000 Commercial izl n/a 0.000 0.000 Institutional (z) n/a 0.000 0.000 Office izl n/a 0.000 0.000 Projected Development Single Family (1) Multifamily (1) Industrial izl Commercial izl Institutional (z) Office izl (1) Dwelling units (2) 1,000 Square feet 35 65 100 20 37 57 n/a 2.000 2.000 n/a 29.000 29.000 n/a 26.000 26.000 n/a 32.000 32.000 Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Parks and Recreation Analysis B-1 Open Space FY 2018-19 FY 2019-20 Total Revenues Impact Fees $0 $0 Interest Income 2,053 2,053 Total Revenues 2,053 0 2,053 Expenditures Capital Expenditures 565,457 565,457 Professional Fees 68 68 Interest Expense 0 Debt Service 0 Total Expenditures 565,525 0 565,525 IIP Projects 0 0 Actual Projects Adero Canyon Trailhead 565,457 565,457 Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Open Space B-2 APPENDIX C Fire & EMS Analysis Fire and EMS FY 2018-19 FY 2019-20 Total Revenues Impact Fees Interest Income Total Revenues Expenditures Capital Expenditures Professional Fees Interest Expense Debt Service Total Expenditures IIP Projects Incremental Expenditures (1) Actual Projects $27,004 5,808 $20,315 3,806 $47,319 9,614 32,812 24,121 56,933 0 0 0 7,632 1,723 9,355 0 0 0 0 0 0 7,632 1,723 9,355 $16,396 $23,528 $39,924 (1) No specific projects were identified in the IIP, but rather anticipated expenditures based on anticipated development Fire and EMS Actual Development FY 2018-19 FY 2019-20 Total Single Family (1) 50 37 87 Multifamily (1) 35 27 62 Industrial (2) 0.000 0.000 0.000 Commercial (2) 2.040 66.240 68.280 Institutional (2) n/a 0.000 0.000 Office (2) n/a 0.000 0.000 (1) Dwelling units (2) 1,000 Square feet Projected Development Single Family (1) Multifamily (1) Industrial (2) Commercial (2) Institutional (2) Office (2) (1) Dwelling units (2) 1,000 Square feet 35 65 100 20 37 57 0.492 2.000 2.492 11.110 29.000 40.110 n/a 26.000 26.000 n/a 32.000 32.000 Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Fire and EMS Analysis C-1 APPENDIX D Streets Analysis Streets FY 2018-19 FY 2019-20 Total Revenues Impact Fees n/a $3,870 $3,870 Interest Income n/a 0 0 Total Revenues 0 3,870 3,870 Expenditures Capital Expenditures Professional Fees Interest Expense Debt Service Total Expenditures I I P Projects Incremental Expenditures (1) Actual Projects n/a 0 0 n/a 0 0 n/a 0 0 n/a 0 0 n/a 0 0 n/a $254,071 $254,071 0 (1) Projects were identified in the IIP over the entire study period as opposed to in a specific year Streets Actual Development FY 2018-19 FY 2019-20 Total Single Family (1) n/a 7 7 Multifamily (1) n/a 1 1 Industrial (2) n/a 0.000 0.000 Commercial (2) n/a 45.050 45.050 Institutional (2) n/a 0.000 0.000 Office (2) n/a 0.000 0.000 (1) Dwelling units (2) 1,000 Square feet Projected Development Single Family (1) n/a 65 65 Multifamily (1) n/a 37 37 Industrial (2) n/a 2.000 2.000 Commercial (2) n/a 29.000 29.000 Institutional (2) n/a 26.000 26.000 Office (2) n/a 32.000 32.000 (1) Dwelling units (2) 1,000 Square feet Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Streets Analysis D-1 APPENDIX E Permit Sampling Single Family/Multifamily Sample No. Permit No. Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2018-19 1 8908 Single Family Parks and Recreation $1,301.00 $1,301.00 $0.00 2 8921 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 3 8987 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 4 9058 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 5 9112 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 6 9160 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 7 9247 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 8 9297 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 9 9367 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 10 9421 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 11 9531 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 12 9607 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 13 9686 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 14 9718 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 15 9811 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 16 9836 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 17 9892 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 18 9070 Multifamily Parks and Recreation 2,602.00 2,602.00 0.00 Duplex 19 9466 Multifamily Parks and Recreation 2,602.00 2,602.00 0.00 Duplex 20 8961 Multifamily Parks and Recreation 1,301.00 1,301.00 0.00 1 Unit Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-1 Single Family/Multifamily Sample No. Permit No. Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2019-20 1 10047 Single Family Parks and Recreation $1,301.00 $1,301.00 $0.00 Old Rate 2 10203 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 3 10257 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 4 10298 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 5 10435 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 6 10440 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 7 10483 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 8 10615 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 9 10469 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 10 10732 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 11 10813 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 12 10824 Single Family Parks and Recreation 1,916.00 1,916.00 0.00 13 9933 Single Family Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 14 10022 Multifamily Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 15 10044 Multifamily Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 16 10584 Multifamily Parks and Recreation 1,301.00 1,301.00 0.00 Old Rate 17 10830 Multifamily Parks and Recreation 1,479.00 1,479.00 0.00 18 10831 Multifamily Parks and Recreation 1,479.00 1,479.00 0.00 19 10856 Multifamily Parks and Recreation 1,479.00 1,479.00 0.00 20 10857 Multifamily Parks and Recreation 1,479.00 1,479.00 0.00 Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-2 Single Family/Multifamily Sample No. Permit No. Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2018-19 1 8908 Single Family Fire and EMS $300.00 $300.00 $0.00 2 8921 Single Family Fire and EMS 300.00 300.00 0.00 3 8987 Single Family Fire and EMS 300.00 300.00 0.00 4 9058 Single Family Fire and EMS 300.00 300.00 0.00 5 9112 Single Family Fire and EMS 300.00 300.00 0.00 6 9160 Single Family Fire and EMS 300.00 300.00 0.00 7 9247 Single Family Fire and EMS 300.00 300.00 0.00 8 9297 Single Family Fire and EMS 300.00 300.00 0.00 9 9367 Single Family Fire and EMS 300.00 300.00 0.00 10 9421 Single Family Fire and EMS 300.00 300.00 0.00 11 9531 Single Family Fire and EMS 300.00 300.00 0.00 12 9607 Single Family Fire and EMS 300.00 300.00 0.00 13 9686 Single Family Fire and EMS 300.00 300.00 0.00 14 9718 Single Family Fire and EMS 300.00 300.00 0.00 15 9811 Single Family Fire and EMS 300.00 300.00 0.00 16 9836 Single Family Fire and EMS 300.00 300.00 0.00 17 9892 Single Family Fire and EMS 300.00 300.00 0.00 18 9070 Multifamily Fire and EMS 600.00 600.00 0.00 Duplex 19 9466 Multifamily Fire and EMS 600.00 600.00 0.00 Duplex 20 8961 Multifamily Fire and EMS 300.00 300.00 0.00 1 Unit Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-3 Single Family/Multifamily Sample No. Permit No. Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2019-20 1 10047 Single Family Fire and EMS $300.00 $300.00 $0.00 Old Rate 2 10203 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 3 10257 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 4 10298 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 5 10435 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 6 10440 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 7 10483 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 8 10615 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 9 10469 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 10 10732 Single Family Fire and EMS 122.00 122.00 0.00 11 10813 Single Family Fire and EMS 122.00 122.00 0.00 12 10824 Single Family Fire and EMS 122.00 122.00 0.00 13 9933 Single Family Fire and EMS 300.00 300.00 0.00 Old Rate 14 10022 Multifamily Fire and EMS 300.00 300.00 0.00 Old Rate 15 10044 Multifamily Fire and EMS 300.00 300.00 0.00 Old Rate 16 10584 Multifamily Fire and EMS 300.00 300.00 0.00 Old Rate 17 10830 Multifamily Fire and EMS 94.00 94.00 0.00 18 10831 Multifamily Fire and EMS 94.00 94.00 0.00 19 10856 Multifamily Fire and EMS 94.00 94.00 0.00 20 10857 Multifamily Fire and EMS 94.00 94.00 0.00 Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-4 Single Family/Multifamily Sample No. Permit No. Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2018-19 1 8908 Single Family Streets n/a n/a n/a No Fee 2 8921 Single Family Streets n/a n/a n/a No Fee 3 8987 Single Family Streets n/a n/a n/a No Fee 4 9058 Single Family Streets n/a n/a n/a No Fee 5 9112 Single Family Streets n/a n/a n/a No Fee 6 9160 Single Family Streets n/a n/a n/a No Fee 7 9247 Single Family Streets n/a n/a n/a No Fee 8 9297 Single Family Streets n/a n/a n/a No Fee 9 9367 Single Family Streets n/a n/a n/a No Fee 10 9421 Single Family Streets n/a n/a n/a No Fee 11 9531 Single Family Streets n/a n/a n/a No Fee 12 9607 Single Family Streets n/a n/a n/a No Fee 13 9686 Single Family Streets n/a n/a n/a No Fee 14 9718 Single Family Streets n/a n/a n/a No Fee 15 9811 Single Family Streets n/a n/a n/a No Fee 16 9836 Single Family Streets n/a n/a n/a No Fee 17 9892 Single Family Streets n/a n/a n/a No Fee 18 9070 Multifamily Streets n/a n/a n/a No Fee 19 9466 Multifamily Streets n/a n/a n/a No Fee 20 8961 Multifamily Streets n/a n/a n/a No Fee Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-5 Single Family/Multifamily Sample No. Permit No. Class Fee Category Assessed Fee Adopted Fee Difference Notes FY 2019-20 1 10047 Single Family Streets n/a n/a n/a Pre -Adoption 2 10203 Single Family Streets n/a n/a n/a Pre -Adoption 3 10257 Single Family Streets n/a n/a n/a Pre -Adoption 4 10298 Single Family Streets n/a n/a n/a Pre -Adoption 5 10435 Single Family Streets n/a n/a n/a Pre -Adoption 6 10440 Single Family Streets n/a n/a n/a Pre -Adoption 7 10483 Single Family Streets n/a n/a n/a Pre -Adoption 8 10615 Single Family Streets n/a n/a n/a Pre -Adoption 9 10469 Single Family Streets n/a n/a n/a Pre -Adoption 10 10732 Single Family Streets 1,935.00 1,935.00 0.00 11 10813 Single Family Streets 1,935.00 1,935.00 0.00 12 10824 Single Family Streets 1,935.00 1,935.00 0.00 13 9933 Single Family Streets n/a n/a n/a Pre -Adoption 14 10022 Multifamily Streets n/a n/a n/a Pre -Adoption 15 10044 Multifamily Streets n/a n/a n/a Pre -Adoption 16 10584 Multifamily Streets n/a n/a n/a Pre -Adoption 17 10830 Multifamily Streets n/a n/a n/a Pre -Adoption 18 10831 Multifamily Streets n/a n/a n/a Pre -Adoption 19 10856 Multifamily Streets n/a n/a n/a Pre -Adoption 20 10857 Multifamily Streets n/a n/a n/a Pre -Adoption Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-6 Non -Residential Sample No. Permit No. Class Fee Category Square Feet Rate $/sgft Assessed Fee Adopted Fee Difference Notes FY 2018-19 1 9045 Commercial Parks and Recreation 1,606 n/a n/a n/a n/a No Fee 2 9141 Commercial Parks and Recreation 434 n/a n/a n/a n/a No Fee Non -Residential Sample No. Permit No. Class Fee Category Square Feet Rate $/sgft Assessed Fee Adopted Fee Difference Notes FY 2019-20 1 10109 Commercial Parks and Recreation 12,200 $0.00 $0.00 $0.00 $0.00 2 10074 Commercial Parks and Recreation 4,750 0.00 0.00 0.00 0.00 No Fee 3 10714 Commercial Parks and Recreation 45,047 0.00 0.00 0.00 0.00 No Fee 4 10844 Commercial Parks and Recreation 2,097 0.00 0.00 0.00 0.00 No Fee 5 9943 Commercial Parks and Recreation 1,390 0.00 0.00 0.00 0.00 No Fee 6 10266 Commercial Parks and Recreation 757 0.00 0.00 0.00 0.00 No Fee Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-7 Non -Residential Sample No. Permit No. Class Fee Category Square Feet Rate $/sgft Assessed Fee Adopted Fee Difference Notes FY 2018-19 1 9045 Commercial Fire and EMS 1,606 $0.243 $390.26 $390.26 $0.00 2 9141 Commercial Fire and EMS 434 0.243 105.46 105.46 0.00 Non -Residential Sample Permit No. Fee Category Square Feet Rate $/sgft Assessed Fee Adopted Fee Difference Notes FY 2019-20 1 10109 Commercial Fire and EMS 12,200 $0.243 $2,964.60 $2,964.60 $0.00 2 10074 Commercial Fire and EMS 4,750 0.243 1,154.25 1,154.25 0.00 Old Fee 3 10714 Commercial Fire and EMS 45,047 0.243 10,946.42 10,946.42 0.00 Old Fee 4 10844 Commercial Fire and EMS 2,097 0.243 509.57 509.57 0.00 Old Fee 5 9943 Commercial Fire and EMS 1,390 0.243 337.77 337.77 0.00 Old Fee 6 10266 Commercial Fire and EMS 757 0.243 183.95 183.95 0.00 Old Fee Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-8 Non -Residential Sample No. Permit No. Class Fee Category Square Feet Rate $/sgft Assessed Fee Adopted Fee Difference Notes FY 2018-19 1 9045 Commercial Streets 1,606 n/a n/a n/a n/a No Fee 2 9141 Commercial Streets 434 n/a n/a n/a n/a No Fee Non -Residential Sample Permit No. Fee Category Square Feet Rate $/sgft Assessed Fee Adopted Fee Difference Notes FY 2019-20 1 10109 Commercial Streets 12,200 $0.000 $0.00 $0.00 $0.00 Pre -Adoption 2 10074 Commercial Streets 4,750 0.00 0.00 0.00 0.00 Pre -Adoption 3 10714 Commercial Streets 45,047 0.00 0.00 0.00 0.00 Pre -Adoption 4 10844 Commercial Streets 2,097 0.00 0.00 0.00 0.00 Pre -Adoption 5 9943 Commercial Streets 1,390 0.00 0.00 0.00 0.00 Pre -Adoption 6 10266 Commercial Streets 757 0.00 0.00 0.00 0.00 Pre -Adoption Town of Fountain Hills, AZ Development Impact Fee Biennial Audit FY 2018-20 - Permit Sampling E-9 r'k' :-. -I WrWILLDAN 1SSS South Havana, Suite F-305 Aurora, Colorado 80012 800.755.6864 1 Fax:888.326.6864 www.wilidan.com V f Twwn llall � ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/02/2021 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 Professional Services Agreement C2021-032 between the Town and Kimley Horn & Associates, Inc. for the Desert Vista crosswalk project. Staff Summary (Background) This sidewalk project was approved in the FY 2020-21 Capital Improvement Projects budget and was identified as a high priority by the Town Council. Desert Vista Park currently has very limited access to pedestrians as it is located in an industrial area. There are no crosswalks on Saguaro between Shea Blvd and El Lago Blvd to allow residents to cross safely and access the park (roughly three miles). Consequently, there are very few homes in the area that can access the park without a vehicle. Constructing a pedestrian crossing on Saguaro Boulevard at Tower Drive will provide for a safe pedestrian and bicycle access to Desert Vista Park from the surrounding neighborhoods. The project scope of services will include the following: new sidewalk and curb opening ramps along the south side of Saguaro; removal of median curbing on Saguaro Boulevard and the Frontage/Service Road to accommodate ADA mandates and provide a safe crossing for pedestrians; and installation of an overhead solar Pedestrian Crossing Flashing Beacon system and street lighting. The design will require relocating mature landscaping. Steep side slopes and existing water meters may require retaining walls. Attached is the Kimley Horn scope and fee in the amount of $85,901.00. Related Ordinance, Policy or Guiding Principle Adopted Capital Improvement Projects. Risk Analysis Delaying approval of the design will have a negative impact on the construction schedule. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Professional Services Agreement 2021-032 with Kimley Horn and Associates, Inc. SUGGESTED MOTION MOVE to approve Professional Services Agreement 2021-032 with Kimley Horn and Associates, Inc. in the amount of $85,901.00 Fiscal Impact Fiscal Impact: 85,901.00 Budget Reference: Page 299 Funding Source: Capital Projects If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Professional Services Agreement Scope and Fee Flashing Beacon Crosswalk location Form Review Inbox Reviewed By Date Public Works Director (Originator) Justin Weldy 12/30/2020 02:43 PM Finance Director David Pock 12/30/2020 04:38 PM Town Attorney Aaron D. Arnson 01/04/2021 11:10 AM Town Manager Grady E. Miller 01/25/2021 06:25 AM Form Started By: Justin Weldy Started On: 12/18/2020 05:53 AM Final Approval Date: 01/25/2021 Contract No. 2021-032 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY HORN AND ASSOCIATES, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into as of January 19, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town) and Kimley-Horn and Associates, Inc., a North Carolina. corporation (the "Consultant"). RECITALS A. Pursuant to Section 7.1 of the Town's Procurement Policy and Section 3-3-26 of the Town Code, the Town may directly select certain consultants for professional and technical services. B. The Consultant possesses the specific skill and experience required to provide the Town with engineering design services related to: a design concept report for a traffic signal at the intersection of Palisades and Palomino Blvd. (the "Services"). C. The Town desires to enter into an Agreement with the Consultant to perform the Services, more particularly set forth in Section 2 below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Term of Agreement. ement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until November 16, 2021 (the "Initial Term"), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up two successive one-year terms (the "Renewal Tenn') if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Tenn are collectively referred to herein as the "Tenn." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2 Scope of Work. Consultant shall provide the Services as set forth in the Scopes of Work attached hereto as Exhibit A incorporated herein by reference. 3. Compensation. The Town shall pay the Consultant an amount not to exceed $85,901.00 for the Services at the rates set forth attached hereto as Exhibit A. 4 Payments. The Town shall pay the Consultant upon receipt of a monthly invoice submitted to the Town for services provided by Consultant. All invoices shall summarize the work completed in each month Monthly reports may be attached as an addendum to the invoice to provide the necessary detail for payment justification. This Agreement must be referenced on all invoices. 5. Documents. The Town acknowledges that all consulting -related advice (written or oral) given by the Consultant to the Town in connection with this agreement is intended solely for the benefit of and use by the Town. The Town agrees to treat all consulting -related advice received from the Consultant (written or oral) confidentially and agrees not publish, distribute, or disclose in any manner any consulting -related advice developed or received without prior authorization from the Consultant. The Consultant however shall be allowed to use the Town's name positively in publications, websites, etc. solely as part of the Consultant's business promotion. All documents not noted as proprietary by the Consultant, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. The Consultant may from time to time retain the services of additional experienced consultants, not as subcontractors but through strategic alliance agreements, who are capable of and devoted to the successful performance of the Services under this Agreement. Any additional consultants may be retained only as necessary for specific purposes and expertise to assist the Consultant with the successful performance of the Services under this agreement. Retention contracted through a strategic alliance agreement is strictly between the Consultant and the contractor and does not create additional financial burden upon the Town beyond the terms of this Agreement. The Consultant shall notify the Town Manager within five (5) business days of any additional contractor. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant's performance. The Consultant shall provide and maintain a self -inspection system that is acceptable to the Town. & Licenses; Materials. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. The Town has no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Consultant. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10 Indemnification. Each party agrees to indemnify the other from all claims for damages, liabilities, expenses, or judgments (including interest, penalties, reasonable attorneys' fees, accounting fees, and expert witness fees) that may incur and that may arise from: (a) the Consultant's gross negligence or willful misconduct; (b) the Consultant's breach of any of its obligations or representations under this agreement; (c) the Consultant's breach of its express representation that it is an independent contractor; (d) the Client's breach or alleged breach of or its failure or alleged failure to perform under, any agreement to which it is a party; or (e) the Client's breach of any of its obligations or representations under this agreement. 11. Insurance. 11.1 General A. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated mn nimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name the Town, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, as an Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Consultant's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy viaa formal written endorsement thereto. H. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self -insured retention amount. I Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. As requested, the Consultant will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Consultant's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage, but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing this Agreement. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability Under Insurance Services Office, Inc., ('ISO') Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying msurance. (2) Consultant's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A Vehicle Liability. As may be required by the Town. R Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. C. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12 Termination; Cancellation. 121 For Town's Convenience. This Agreement is for the convenience of the Town, however the Agreement may be terminated (a) by either party on provision of 60 days' written notice to the other party, with or without cause; (b) by either party for a material breach of any provision of this Agreement by the other party if the other parry's material breach is not cured within 10 days of receipt of written notice of the breach; (c) by the Town at any time and without prior notice if the Consultant is convicted of any crime or offense, or (d) upon the death of the Consultant. After the termination date of this Agreement for any reason, the Town shall promptly pay the Consultant for Services rendered plus any agreed upon additional expenses incurred before the effective date of the termination. No other compensation, of any nature or type, will be payable after the termination of this Agreement. 122 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 123 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 124 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Consultant an amount equal to 150% of the gratuity. 125 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Consultant fully informed as to the availability of fiords for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then -current fiscal year and the Town and the Consultant shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in As individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town, Consultant, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Consultant, its employees or subcontractors. The Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements as agreed in Section 2 above and in Exhibit A. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. The Consultant and the Town mutually agree to pursue mediation or alternative dispute resolution as a means to resolving issues between them prior to seeking remedy in the courts. 13.3 Laws and Regulations. Consultant shall keep filly informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application, 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of review of and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior notice by the Consultant to the Town Manager. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. R Offset for Delinquent Fees or Taxes. The Town may ofset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest orpenalties. 13.14 Notices and Requests. Any notice or other cor miunication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Kimley-Horn and Associates, Inc. 7740 N 16th St. Suite 300, Phoenix, Arizona 85020 Attn: Joel Varner, PE or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant's duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant and its subcontractors are complying with the warranty under subsection 13.17 below, Consultant's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and As subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records'), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Consultant's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Consultant pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIz. REV. srAT. § 41- 4401, the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIz. REV. srAT. § 23-214(A). Consultant's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town -approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non -Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Towel' TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] "Consultant" Kimley-Horn and Associates, Inc. a North Carolina corporation By: Name: Title: STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On identity (ACKNOWLEDGMENT) , 2020, before me personally appeared , the of Kimley-Horn and Associates, a North Carolina corporation, whose was proven to me on the basis of satisfactory evidence to be the of the corporation. Notary Public (Affix notary seal here) 4810-8861-7377 v.l EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY-HORN AND ASSOCIATES, INC. [Scopes of Work] See following pages. Kimley»>Horn December 17, 2020 Mr. Justin Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: Desert Vista Park Crossing Final Design 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") to provide professional engineering services associated with the Desert Vista Park Crossing. PROJECT UNDERSTANDING Based on the information provided by Town Staff in the meeting held on 12/10/2020, we understand the project consists of the items listed below. For the purposes of this proposal, Saguaro Boulevard is described as an east/west alignment through the project limits. • Project limits include Saguaro Boulevard from Quinto Drive to Bond Drive. • Design for pedestrian crossing on Saguaro Boulevard at Tower Drive. The crossing will provide pedestrian and bike access to/from Desert Vista Park located east of Saguaro Boulevard. • Design for new sidewalk along the south side of Saguaro Boulevard from Quinto Drive to Bond Drive. • Removal of median curbing on Saguaro Boulevard and Service Road will be necessary to accommodate the ADA pedestrian crossing. • Overhead solar flashing beacons, including street lighting will be provided. Town staff will provide cut sheets for similar project and manufacturer. • EPCOR water meters exist along the south side of Saguaro Boulevard. Design should be conducted to avoid relocation of the meter boxes. • Construction will be done utilizing Job Order Contracting (JOC) delivery method. • Project is on a fast track and Town staff would like to see the start prior to end of fiscal year. • The Town will provide topographic survey. Kimley-Horn will provide survey information to assist Town with collection. • Kimley-Horn will prepare 30% level and upon approval of the geometric improvements will proceed forward to 90% design for submittal to Town staff for review and comment. • Public meeting is not necessary. Kimley-Horn will prepare a pedestrian crossing rendering for Town staff use in communication with the public. Kimley»>Horn Desert Vista Park Crossing December 17, 2020 / Page 2 • Town objective is to avoid utility relocations and right of way acquisition. SCOPE OF SERVICES Task 1: Project Management and Meetings a. Kimley-Horn will attend up to three project meeting. The meetings are described as follows: Kick Off Meeting ii. 30% and 90% Comment Resolution meetings (2 Meetings) Meetings will be held virtually and will consist of no more than two Kimley-Horn staff members. b. Kimley-Horn will be responsible for preparing the meeting agenda and submitting notes of the meeting to the Town. c. Kimley-Horn's project management task covers the management and administration hours for the duration of the project activities identified in the project schedule in Appendix B. Project management task includes i. Contract management and monthly invoicing ii. Internal staff coordination, coordination with Town staff, and coordination with Solar Traffic Control (STC) outside of the meetings described. iii. Day-to-day operations of the project, including organizing and filing project data and communication files, responding to project correspondence including emails, and budget and schedule monitoring. iv. QA/QC of each of the submittals. Task 2: Data Collection, Survey and Right -of -Way a. The Town will furnish the latest as-builts and quarter section maps for Town -owned facilities (roadway, storm drain, water, sewer, and aerials) that are available, as well as privately -owned facilities (as available), within the project limits to Kimley-Horn. b. The Town on -call survey consultant (CRS) will provide topographic survey, including horizontal and vertical control and topographic survey. c. Kimley-Horn will provide Town staff with survey request data to assist the Town will collection of the data. d. Existing right-of-way will be developed using Maricopa Recorder plat map and data available on the Maricopa County Assessors. This data will be utilized to define existing right of way constraints. e. Right of way / Temporary Construction Easement legal descriptions and exhibits are not included in the scope of this project. Kimley»>Horn Desert Vista Park Crossing December 17, 2020 / Page 3 f. Kimley-Horn will conduct a field inventory of the existing conditions, including constraints and inventory existing signing and marking within the project limits. 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. b. Kimley-Horn will use the information obtained from the private utility company mapping and survey data received to prepare an existing utilities base file in AutoCAD. a. Kimley-Horn will update the utility base file based on comments received from the utility companies. b. Kimley-Horn will submit utility clearance letters to each of the utilities identified within the project limits at each 90% and Final stage of the project. c. Kimley-Horn will determine if any utility conflicts will require the utility to be relocated or adjusted and shall advise the Town. Task 4: Sidewalk, Crossing, and Retaining Wall Design a. Kimley-Horn will utilize the data from Task 2 to develop the base design files. Base design files will be prepared in AutoCAD. b. Kimley-Horn's design will provide for new ADA sidewalk ramps at the southeast corner of Quinto Drive, southwest corner of Bond Drive, and south side of Saguaro Boulevard at Tower Drive. The existing sidewalk ramp on the north side of Service Road at d. Kimley-Horn's design will provide for ADA sidewalk on the south side of Saguaro Boulevard from Quinto to Bond Drives. e. Kimley-Horn will utilize the Mesquite Texas Concrete Sidewalk with Retaining Wall Details (provided by Town Staff) on the south side of Saguaro Boulevard in those locations where determined necessary. Kimley-Horn structural engineer will conduct retaining wall design in accordance with the detail provided by Town staff, which includes evaluating wall height through project limits. f. Kimley-Horn will develop a 30% design concept for Town staff to review. The 30% design objective is to design a pedestrian crossing and sidewalk that will avoid utility relocation. The 30% design will be prepared on 1" = 20' scalable roll plot. g. Kimley-Horn will prepare construction drawings in accordance with Town guidelines and details. Plans will be developed at 90%, and Final. Plan will be prepared using AutoCAD and will be 24" x 36". Sidewalk and pedestrian crossing construction drawings will be prepared at 1" = 20' scale and includes the following sheets: i. Cover Sheet (1 Sheet) ii. General Notes and Legend Sheet (1 Sheet) iii. ADA Sidewalk Ramp Details (1 Sheets) (1" = 10' Scale) Kimley»>Horn Desert Vista Park Crossing December 17, 2020 / Page 4 iv. Sidewalk and Pedestrian Crossing Improvement Sheet (1 Sheet) (1" = 20' Scale) v. Median Detail (1 Sheet) vi. Retaining Wall Detail (1 Sheet) Task 5: Traffic Design and Plans a. Pedestrian Crossing Flashing Beacon Plans i. Kimley-Horn will design the solar flashing beacon in accordance with Town Standards, MUTCD, and in coordination with STC. The Town staff will provide shop drawing details for use in design of the solar flashing beacon. ii. Kimley-Horn will coordinate flashing beacon design with STC. It is assumed that STC will design the solar panel sizing necessary to accommodate the beacon electrical loading. iii. Kimley-Horn will prepare a 30% layout of the flashing beacon, signing and marking for preliminary review by Town staff. iv. Kimley-Horn will prepare construction plans at 1" = 20' scale. Plans will be submitted with 90% and final. Plan will be prepared using AutoCAD and will be 24" x 36". The pedestrian crossing flashing beacon sheets will include the following: (1) Flashing Beacon General Notes and Legend (1 Sheet) (2) Flashing Beacon and Lighting Layout Plan (1 Sheet) (1" = 20') (3) Flashing Beacon Pole and Conductor Schedule (1 Sheet) b. Pedestrian Crossing Signing and Marking Plans i. Kimley-Horn will prepare final design signing and marking in conformance Town requirement and in accordance with the MUTCD. ii. Kimley-Horn will utilize Nearmaps.com to obtain pavement marking data outside the survey limits collected. iii. Kimley-Horn will prepare signing and marking construction plans at 1" = 40' scale. Plans will be submitted with 90% and final. Plan will be prepared using AutoCAD and will be 24" x 36".The pedestrian crossing signing and marking sheets will include the following: (1) Signing and Marking General Notes and Legend (1 Sheet) (2) Pavement Marking/Signing Plan (1 Sheet) (1" = 20' Scale) Task 6: Project Rendering i. Kimley-Horn will prepare an aerial and street view of pedestrian crossing at Tower Drive. Kimley»>Horn Desert Vista Park Crossing December 17, 2020 / Page 5 ii. Kimley-Horn will utilize Nearmaps as well as photos for each approach to the pedestrian crossing for aerial view and street view of the pedestrian crossing. iii. Kimley-Horn will prepare and submit the aerial and street view to Town staff for review following the approval of the 30% design. Task 7: Technical Specifications and Engineer's Cost Opinion a. Kimley-Horn will prepare the technical specifications in accordance with the Maricopa Association of Governments (MAG) Standard Specifications and Town's Supplement to MAG Specifications and details. b. Kimley-Horn will provide draft technical specifications and special provisions at the 90% and 100% design submittals. c. Kimley-Horn will prepare an engineer's opinion of probable cost for each design submittal. 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. Services Not Included • Attending more meetings than specifically described in the sections above • Geotechnical Services • Topographic Services • Public involvement • Post design services • Subsurface utility engineering (utility locating, etc.) • Additional submittals • Landscape/Irrigation Services • Water/Sewer Service Information Provided by Town Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Town or the Town's consultants or representatives. The Town shall provide all information requested by Kimley-Horn during the project. Kimley»>Horn FEE ESTIMATE Desert Vista Park Crossing December 17, 2020 / Page 6 Kimley-Horn will complete each phase of the project for in accordance with the fee estimate provided in Appendix A. SCHEDULE We will provide our services as expeditiously as practicable with the goal of completing the project as outline project schedule included as Appendix B of this document. This design schedule assumes a Notice to Proceed date of January 1, 2021. Following the official Notice to Proceed, Kimley-Horn will submit an updated schedule to the Town for approval. Each phase of the project will only be completed upon approval of the Town. The schedule shall be adjusted based on dates of approval for each phase. We greatly appreciate the opportunity to provide these services to you. Please contact me if you have any questions at 602-906-1122 or kim.carroll@kimley-horn.com. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Kimberly Carroll, P.E., PTOE Sr. Project Manager/Associate Kimley»>Horn APPENDIX A FEE ESTIMATE Desert Vista Park Crossing December 17, 2020 / Page 7 Detail of Consultant's Compensation Town of Fountain Hills Desert Vista Park Pedestrian Crossing Final Design Fee Proposal (Prepared 12/17/2020) Senior Project Manager Senior Prof Prof Analyst/ Designer Admin TASK DESCRIPTION SUBTOTAL $ 205.00 $ 180.00 $ 145.00 $ 115.00 $ 90.00 Task 1: Project Management and Meetings $ 10,700.00 26 16 6 - 18 Three (3) Project (Virtual) Meetings (Kick Off, 2-Cmt Res) $ 1,050.00 3 3 Meeting agendas and Minutes $ 1,180.00 1 3 6 Project Management and Administration $ 2,310.00 6 1 12 QA/QC $ 6,160.00 16 16 Task 2: Data Collection, Survey and Right-of-way $ 4,540.00 2 1 14 12 6 Obtain Review Town Records/Asbuilts $ 685.00 1 6 Topographic Survey Coordination $ 905.00 1 5 Right -of -Way Mapping $ 460.00 4 Field Investigation and Inventory $ 2,490.00 2 8 8 $ Task 3: Utility Coordination $ 5,225.00 2 6 11 10 11 BlueStake and Utility Mapping Collection $ 595.00 1 5 Utility Base Map (AutoCAD) $ 1,050.00 2 6 Utility Clearance Letters (90% and Final) $ 1,290.00 2 4 6 Utility conflict identification and resolution $ 2,290.00 2 4 8 Task 4: Sidewalk, Crossing, and Retaining Wall Design $ 27,960.00 14 30 66 88 Develop base design files and Modeling $ 2,790.00 3 6 12 30% Design (Sidewalk, Ramp, and Ped xing Design) & Roll Plot $ 2,995.00 1 3 6 12 Retaining Wall Design $ 4,580.00 4 8 16 Plan Sheets (90% and Final) $ - Cover (1 sht) $ 750.00 2 4 General Notes/Legend (1 sht) $ 955.00 1 2 4 ADA Sidewalk Ramps Dtl (1 Sht) (4 Ramps) (10 scale) $ 5,060.00 2 5 10 20 Improvement Plan (1 Sht) (20 scale) $ 4,600.00 2 5 10 16 Median Detail (1 Sht) $ 2,620.00 1 3 5 10 Retaining Wall Detail (1 Sht) $ 2,620.00 1 3 5 10 Resolve Town Comments $ 990.00 2 4 Task 5: Traffic Design and Plans $ 21,300.00 7 22 51 74 a. Flashing Beacon Design and Plans $ 13,440.00 Coordination with STC on Solar Beacon and Details $ 1,085.00 2 5 30% Design Layout $ 2,235.00 2 5 10 Flashing Beacon Notes and Legend (1 sht) (90% and Final) $ 930.00 1 2 4 Flashing Beacon and Lighting Layout (1 sht)(20 scale)(90% and Final) $ 6,570.00 2 6 16 24 Flashing Beacon Pole and Conductor Schedule (1 sht)(90% and Final) $ 2,620.00 1 3 5 10 b. Pedestrian Crossing Signing and Marking Plans $ 7,860.00 30% Design Layout $ 1,860.00 2 4 8 Signing/Marking Notes and Legend (1 Sht)(90% and Final) $ 930.00 1 2 4 Signing and Marking Plan (1 Sht)(90% and Final) $ 4,080.00 21 5 8 14 Resolve Town Comments $ 990.00 2 4 Task 6: Project Renderings $ 4,970.00 4 8 26 Aerial View Rendering $ 1,935.00 1 4 10 Street View Rendering $ 2,165.00 1 4 12 Resolve Comments with Town Staff $ 870.00 2 4 Task 7: Technical Specs and Estimate $ 11,000.00 8 16 32 16 Specs (90% and Final) $ 6,870.00 61 12 24 Estimate (30%, 90% and Final) $ 4,130.00 2 4 8 16 SUBTOTAL LABORI $ 85,695.00 EXPENSES $ 206.00 Vehicular Mileage (site visit @ 100 miles/visit @ $0.56/mile) $ 56.00 Roll Plot Reproduction $ 50.00 Final Hard Copy and Deliveries (1 submittals @ $60/delivery) $ 100.00 SUBTOTAL EXPENSES1 $ 206.00 TOTAL CONTRACT FEE 1 $ 85,901.00 1 63.00 91.00 188.00 226.00 35.00 Page 1 of 1 Kimley»>Horn APPENDIX B PROJECT SCHEDULE Desert Vista Park Crossing December 17, 2020 / Page 8 DESERT VISTA PEDESTRIAN CROSSING SCHEDULE (PREPARED 12/17/2020) ID Task Mode Task Name Duration Start Finish ber 1211 1221 January 11 111 121 February 21 211 221 March 31 311 321 April 41 411 421 May 51 511 521 June 61 611 621 July 71 1 � Notice to Proceed Kick Off Meeting Topographic Survey (By TOFH) Data Collection (as builts/utility/row) 30% Stage 30% Sidewalk, Crossing, Wall alignment 30% Roll Plot 30% Estimate of Probable Cost (EOPC) 30% Submittal to Town 30% Town Review 30% Comment Resolution Mtg 90% Stage Aerial/Street View Rendering 90% Design and Plans 90% EOPC & Specs Internal QA/QC and Revisions 90% Town & Utility Submittal 90% Town Review 90% Utility Review 90% Comment Resolution Mtg Final Stage Final Design and Plans Final EOPC & Specs Internal QA/QC and Revisions Final Submittal 1 day 1 day 15 days 15 days 30 days 10 days 5 days 5 days 1 day 10 days 1 day 54 days 5 days 30 days 5 days 7 days 1 day 20 days 20 days 1 day 23 days 15 days 5 days 7 days 1 day Wed 1/6/21 Tue 1/12/21 Thu 12/31/20 Thu 1/7/21 Thu 1/21/21 Thu 1/21/21 Thu 2/4/21 Thu 2/4/21 Thu 2/11/21 Fri 2/12/21 Wed 3/3/21 Thu 3/4/21 Thu 3/4/21 Thu 3/4/21 Thu 4/8/21 Thu 4/15/21 Mon 4/26/21 Thu 4/15/21 Thu 4/15/21 Tue 5/18/21 Wed 5/19/21 Wed 5/19/21 Wed 6/2/21 Wed 6/9/21 Fri 6/18/21 Wed 1/6/21 Tue 1/12/21 Wed 1/20/21 Wed 1/27/21 Wed 3/3/21 Wed 2/3/21 Wed 2/10/21 Wed 2/10/21 Thu 2/11/21 Thu 2/25/21 Wed 3/3/21 Tue 5/18/21 Wed 3/10/21 Wed 4/14/21 Wed 4/14/21 Fri 4/23/21 Mon 4/26/21 Wed 5/12/21 Wed 5/12/21 Tue 5/18/21 Fri 6/18/21 Tue 6/8/21 Tue 6/8/21 Thu 6/17/21 Fri 6/18/21 a 1/6 1 ♦ 2/11 1 ♦ 4/26 1 r — — — — — — — — a 6/18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Project: DV SCHEDULE Date: Thu 12/17/20 Task Split . . . . . . . . . . . . . . . . . . . Milestone ♦ Summary ii Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration -only O Manual Summary Rollup Manual Summary ii o i Start -only C Finish -only ] External Tasks External Milestone Deadline i Progress Manual Progress DV_SCHEDULE.mpp Page 1 Thu 12/17/20 v Crosswalk layout for flashing beacon e � SKATE PARK CROSSWALK -•4 R 510EWALMC 'Li I AC i!!'1*)x* ;Oje W FLASHER W/ PED BUTTON [MASTER) 11 MEDIAN P❑ E RDWIRED 'TO SLAVE ,=2 PVC CONDUIT (BY OTHERS) I u L� MEDIAN FLASHER II W/ PED UT_T❑N (SLAB '3� II PEDESTRI ISLAND SOLAR PED—)s LidYOUT F 3—POLES. MEDIAN SLAVE POLE CURB FLASHER WI PED BUTTON [SLAVE 2) W/S❑LAP ITEM 8. C. Meeting Date: 02/02/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT 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 SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PRESENTATION on the proposed Active Transportation Plan and Town Council feedback regarding its recommendations. Staff Summary (Background) After receiving a grant from the Maricopa Association of Governments, the Town of Fountain Hills has been working with J2 Engineering and Environmental Design to prepare an Active Transportation Plan. This plan will provide the Town with an evaluation of its current non -vehicular transportation system (bikeways and sidewalks), make recommendations and set priorities for improvements, provide direction regarding safety issues related to these systems, and provide examples and cost estimates for future improvements. While the Active Transportation Plan does not recommend specific improvements, staff will use the plan's recommendations and priorities to initiate future projects for inclusion in the Capital Improvement Plan. Over the last few months, J2 gathered information about the current conditions in the Town, reviewed related documents such as the recently approved General Plan 2020, and held two public input sessions to gain information and feedback from the public regarding their needs in the Town. The consultant has formulated recommendations and drafted a preliminary Active Transportation Plan based on the information gathered from the general public. J2 will present its findings and preliminary recommendations at the Town Council meeting on February 2, 2021. The goals of the presentation are to inform the Town Council of the findings and to receive feedback on the preliminary recommendations. Feedback from the Town Council is critical at this stage to ensure that the Active Transportation Plan captures the needs and priorities of the Town. After receiving Council input and direction at the Town Council meeting on February 2, staff will finalize the Active Transportation Plan for Council consideration and action at a future Town Council meeting. Attachments Presentation Form Review Inbox Reviewed By Development Services Director (Originator) John Wesley Town Attorney Aaron D. Arnson Date 01/25/2021 11:44 AM 01/26/2021 07:51 AM Town Manager Form Started By: John Wesley Final Approval Date: 01/26/2021 Grady E. Miller 01/26/2021 08:47 AM Started On: 01/25/2021 06:36 AM Town of Fountain Hills Overview - Active Transportation Plan A-40 Fountain Hills Dh 7-4 �J�TAIN�lt Graphic Schedule y'��hae Is AY�u°`m 0�� Summer J Fall 2020 Fail 2020 j spring 2021 summer 2021 . . =N br—IQIf;& �HVPH�bjr�� -prel;wlrHpli'ry FNA� 6gAAPr,NS A AT ATP • Project Kickoff G€S Data Collection Crash Data Collected • Field Research Public Outreach and Input: Public Meeting (Virtual) • Online Questionnaire A.4 0 Fountain Hills Dh 7-4e A4.,e • Develop Draft Report Town Council Work Session • Joint Committee Meeting of Planning & Zoning and Community Services Advisory Members • Town Review of Draft Report Public Outreach and Input: Festival of the Arts Booth' Public Meeting (Virtual) • Online input • Tentative Pending Public Gathering Recommendations • Final Report Joint Committee Meeting of Planning & Zoning and Community Services Advisory Members Town Review of Draft Report • Town CpUncif Session Public Outreach and Input: Public Meeting (Virtual) - Online Input Project Schedule Overview J�1NINyr r.� Public Involvement Input Summary �haa Is Pr`yo Zoom Public Meeting Held on September 8, 2020 from 6-8 pm with Question and Answer Period Attendees who logged into the Zoom Public Meeting ± 39 Residents I 17 Question Survey about ATP Hosted on Town Web Site ± 53 Respondents I Survey was active from September 3rd to September 24th (3 Weeks) Results tabulated and Posted for Public Review on Town Web Site A-40 Fountain Hills Dh 7-4 O�*TAIN& Public In Lys it e� '�Yhar is AY+10 Where Residents Currently Like to Walk Ofh» are» merlbnN whn i�>. Far Ix volvement Input Summary W a% Palhran. F% G—r raale.5% Roadways with most notable Sidewalk Gaps as identified by Public Senrldge Caryer, 2% p�wnt.,wn a.ea, �•i. Panorama, Z% oasts, 2% Mimosa, 3% Glen6rwk, 1% Feur Peaks, 7% FPentain Park, 2% F sierra Maere Br, xx eashas area, z% FPunraln Hills Blvd, la% eala4rldge.l% GPaslgh1, 5x ��— F Fk9% MtDc Community Cent Bank, 49 Municipal 8.I1dinis , 8% Mary, M Downtown R Public Identified Walking Destinations Target, 9% Post ClHi,, A% Dixie Mine, 8% Grocery, 16% Can Yan, 8% Avenue of Fountains, 8% [king � Areas in Town Residents Want to Walk but Do Not Due to Gaps or Uwk of Sidewalks wexq a srmr q tvs, ax ratkwtr. ax F,Gkrkreak F- painh.iaee nae, Oaten yiva vark, a% Cmmnwoodt tubEn-nan, lx were carrmt m s,rnaen rnree na.a,ama avote hwr Me Park, a% IZL,�_•T�1: nek4e, Fnib, 9s w -•• •�- Downtown area remains a walking focus of public Sidewalk gap closures are important to public. The town's minor arterials is a public focus Safe routes to schools and Town parks remain a focus of the public Safer pedestrian signals and crosswalks remains a public focus In Shea are, 19% Shea 61rQ 9% TAIN yf r * Public Involvement Input Summary Bicycling ., n4 ghd[ I9 A5t1 Citizen Identified Most Popular Bicycle Areas or Roadways Other areas mem[awtl with less than l% hlMrv, 3X x�e.w, ax enwe giw, zX ew..aaws e Lwr.4glgtac Mmwn wh.aw, ne renew raY.ins' Citizen Identified Bicycle Routes to Improve SunrWge Drire, S% Golden Earle ale gauntdln Hilk BIW, 50% El da., 5 Shea BIW, I Bicyclists Favorite Destinations Mwwe hahool, 2% target. 2% All sagk Mnuntak,]z YmesEale, S% ghoppa,45X wnmakvanc ax Iwmrwg neomam naeh, e Mowxalx Tni%. la% Identified Bicycle Safety Issues Town's minor arterials (Saguaro Blvd., Fountain Hills Blvd., Et Palisades) remain major bike routes In Town Fountain Hills Blvd. identified as the roadway needing the most improvements for bicycle traffic Safety relative to speed, signals and signing/striping throughout the Town needs to be continually monitored and if needed improved Educational outreach to drivers needs to con be reinforced about sharing the road with bit J�1XINyr Public Involvement Continues �haa Is Pr`yo ► 1st Joint Committee Meeting Planning and Zoning and Community Services Meeting attended on November 9th, 2020 ► Booth at Festival of Fine Arts Et Crafts November 13th - November 151h Public Meetings Znd Public Meeting December 9th 2020 Zoom Meeting Scheduled 6:00pm to 8:00pm Attendees approximately ± 30 Resident- 3rd Public Meeting to be Determined Spring/Summer 2021 Town Council Meetings ► Fehri iary 2th 2021 $Chinni- earl 2nd Town Council Meeting to be scheduled Spring/Summer 2021 2nd Joint Committee Meeting Planning and Zoning and Community Services Meeting to be Scheduled in Spring/Summer of 2021 Fountain Hills Dh 7-4 e M. ,e Q��'F A IN yr C Background Research har is s•y5 ► Town of Fountain Hills General Plan Update (2020) ► Fountain Hills Transit Feasibility Study (2014) ► Fountain Hills Transit Feasibility Study (2020) ► Schools (Public and Charter) Fountain Hills Unified School District is comprised of four (4) schools Fountain Hills Charter School ► Parks Fountain Hills' five (5) parks are the places that people go to get healthy, stay fit and stay connected to the community. We have also been informed of three (3) potential new Town park locations that will also be referenced in the plan. Safety Review - A review of collisions involving bicycles and pedestrians, has been reviewed to help identify locations in greater need of improved active transportation facilities A-40 Fountain Hills Dh 7-4 I O��TAINyr C Background Research har is s•y5 Fountain Hills A-40 Fountain Hills Dh 7-4e A4.,e Bicycle & Pedestrian Accident Locations 2014-2018 ` TOWN BOUNDARY c f McDOWELLMOUNLAIN PARK C Scott J NORTH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY 61� ° 51 Q Fatal p Pedestrian 0 Bicycle #P s A� OF uiLFs (5 total} (15 total) (9 total) oJ�T ALN Hllr Proposed Sidewalk Mapping Y 0 "�a"�AY`ti4 Phases Legendf TOWN OF FOUNTAIN HILLS, ARIZONA PU9LC WORKS DEPAR-T SIDEWALK PLAN LONG RANGE PLAN LEGEND: EXISTING SIDEWALK a PUBLIC o PRIVATE SHARED -USE PATH 0 SCOTTSDALE PROPOSED SIDEWALK © PRIORITY 1: 5 YEAR PLAN 0 PRIORITY 2: 10 YEAR PLAN 0 PRIORITY 3: 15 YEAR PLAN PRIORITY 4: TED GRANT PROJECTS SHEA. BLVD (PALISADES -SAGUARO) [R PALISADES BLVD (FHS-SAGUARO)" © SAGUARO BLVD (FHB -COLONY)" a FUTURE GRAM OPPORTUNITY "SUBMITTED APPUCATION PENDING URBAN TRALt-DESIGNATED ROUTE © EXISTING ROUTE ■��■ PROPOSED ROUTE DEVELOPER PROJECTS 0 PUBLTC PRIVATE (]i ADERO CANYON PHASE II' Cj) EAGLES NEST- PARCEL 2 C] FUTURE ARIZONA STATE LAND DEPT' (FORMER ELLMAN DEV, AGREEMENT} d DAYBREAK' OO FA MFDIGA� CENTER - PHASE I` © KEYSTONE' CID CASA'S DEL LAGO' © SERENITY ESTATES' " PROPOSED / FUTURE ON -SITE STO -s NOT S.D . 44 Fountain Hills 0. 7-4e 0 E%[STING MOUNTAIN PARK TRAILS J�1NINyr Proposed Sidewalk Long Range Plan y'��hae Is AY+Loge _ .. A -40 Fountain Hills Dh 7-4 T AIN O� HQ 9 .h Proposed Bicyc[ing Map Legend a119 Pr TOWN OF FOUNTAIN HILLS, ARIZONA PUBLIC WORKS DEPARTMENT BIKEWAYS PLAN LONG RANGE PLAN LEGEND: BIKEWAYS 0 EXISTING BIKE LANE PROPOSED BIKE LANE EXISTING BIKE ROUTE PROPOSED BIKE ROUTE 0 EXISTING MOUNTAIN PARK TRAILS A-40 Fountain Hills Dh 7-4 11 JET AWN Hltl �� � Proposed B A -4 0 Fountain Hills 0. 7-4 icycle Routes Long Range Plan o TOWN OF FOUNTAIN HILLS, ARTZCNA BIKEWAYS PLAN � -� LONG RANGE PLAN S-CIOMrSDALE ------------------- -------- ----- �J�TAIN�lt �n y'��har is Arl'r°�$ Suggested Evaluation of New Bicycling Lane Markings at Select Town Intersections 0 1 A.4 0 Fountain Hills Dh 7-4 13 i Suggested Evaluation of New Pedestrian Signals and Signage at Select Town Intersections onossr�Rirc � • • � sii=�� • • r w to use the a No PIDESTRIANS, 1 DRIVERS QVISN,R[ oniuf, GunON siGw oowN �STfl�P SINK, ORBSBING E STOP FINISH STOP FIRST CROSSING ,�.�„�.......... Ir A -40 Fountain Hills Dh 7-4 �J�T AIN ylt n y'��hae Is AY�u°`m Suggested Handouts at Town Event Hall Relative to Safety and Multi U. ADO l p guide for drivers try aers and edesinans published the Arizona Department of Transportation ► Safety Handouts and educational materials for distribution at Town Events, Town Hall and use with Driver Education Classes and Others Fountain Hills Dh 7-4 e M. ,e 0 he law! Give bicycles at least 3 feet when you pass. When sible, give 5 feet afclearance. Slow dawn and don t pass til it's safe to do so. r_ r� recommended. vatdlTul at intersections. Cyclists maybe traveling faster m you expect. Yield to bicycles as you would with any other oving vehAe, _ 'YIELD YIEIi) 6 ware of bikes. Cyclists have the same legal nghts to use fr��"ffi: road as motorists, Cyclists can legally ride two abreast roadway as long as they do not unnecessarily slow In several circumstances, cychsts can usetheentire travel lane. —0 ~— TAtN yf Town Roadway Classification Network 9har is Anti 4 Exhibit 4: Connectivity, Access and Mobility Plan LEGEND ROADWAY SYSTEM State Route R7 Principal Arterial MlnorARerlal Collector Local GATEWAYS ® Primary Gateway ® Secondary Gateway TOWN CENTER GATEWAYS Signature Entrance secondary Entrance OTHER FEATURES Q To Fountain Hills Town Limits Base Transit Stop PROJECT, TFK MEWME'. TFNY1 h—a 0lo 11r11 SmrnF Fwnbn milli OpFrlmF mill. kYma $lala Grad MPaN�w,+. 3tllT hcm� Oepemwtl NTrzpwtatlon A18 h¢m� L�rO 8eww<� InNrrrFllwr l3vrtwt 2013 TT o a.Esa /� �,I IZt1 %AAJ THEPLANNINGCENTER A -li Fountain Hills Dh 7-4e M,,,e J�1nINy� -' Opportunities in the Town Minor Arterials yhat Is AY'6°`m Minor Arterials provides opportunities in some areas to incorporate sidewalks and striped bike lanes and routes all done within existing street pavement no disruption to existing landscapes. A -40 Fountain Hills Dh 7-4 e M. ,e J'�1nIN4 -o \ \tc Evatuate Cost y��Yhar Is AYES°`m ► Cost Template to evaluate cost to add sidewalks and bike route/lane markings along Minor Arterials working within existing street pavement no disruption beyond existing curb and gutter. A -il Fountain Hills Dh 7-4e A4.,e Impacts Minor Arterials Fill In All Yellow Highlighted Cells This Template Identified for Fountain Hills Blvd., for most of the length north of Palisades; Saguaro, north of La Montana and others that meet dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Minor Arterials t 72' - 80' Wide Corridors to Back of Existing Curb No Median Provide for Flve (5) Lanes of Automobile Traffic Plus Parking andlor Bike Lanes and New Curb Separated Sidewalk �ldenti€y Sect ionlLocation of TOFH Minor Arterial Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST P.j..d by JP Englnaadngand Envlro nldD 0ii, LLC DEscwl- J.- ouusmv UNIT-. 1 -1 Direct Costs SpeadsAeo[Deowmires Bau P.gc<lArcv ,. Auc Basctl IX. S F4q d AmAb Nerr GNcxal Pcrw 9.00 NA NA sP-..eahasl.du caewaly xpDr•„Baa. vroJen A.a. msp,srev SF 0.00 NA NA tAo Gmr,wgl ReorwmrlefA.IMobd lien. Demobilialion, FanwaGaha,QNFNCwAml Teatina. SpcualaapeGidrs, Elc.1 brtlualry Slandwtl Par[mnage d TOHt SF 000 20.0054 $0.00 aeLemYne ARM Narrewlny P,oleel SenglbN Wbaw DerArda eleW M1 - NA NA Spreadaneat vdll Caxvlem Simwau [enpmnL 0 NA NA Yedeelrlm Aree Neeon EaiwaN koedway FT S NA NA 3Ag Sax WA Rerrren E-a bpl- for EigK{lj Fod SitlewaAk Andi6n SY - Sl.. 5g.00 Agg SmrvlaM Ranttrre flWrag Gurb antl Getivr LF 9.Po r- 30.00 0.ag EanMrvr4 pAbg(UliiM1gErcArg G.dc dRangral Nva bf Gitlrhalk by4'DapA GY O.Po DIa.W 50.00 5.00 NM GOnavly GpNmd G�9x+H�MAG GyMaN Yarticd GVAitl 4literl0alail.-I Ty A) LF 9.00 dr0.00 SO.oe &W RFWaco Tx oFe[taf Adlacc^l AapMl Paring lndudlr ABC SY 9A0 SWM In.,; IAO NP Co- Gr0 11kP WAG SWidald 0)dAil W30) SF 9A0 510.00 50Ao =1 Conmly pF. WlrtgnumfcM,(ipk Venh Drrcaxay Mmawremanbl SF 515A0 50.00 9A0 IJWY Relmw All-w (L,1 Sum Y4co FggysllfYAmwM1 LS 1.00 59.00 10.Po Crain bnPowmenb Nbaanca Wiek YmiH D.ainaga McDtlal LS 1A0 50.00 11.Po ADA Aampsal GDfaan5bael iMaffpdbN EA 59 Uu SD.D. 1 S.Po Eigwga{Signagp ENery l2 Mile FOMing, PoslaM S'4 EA O.. ffi.509.p0 i0.00 1 S.Po Pnvmcnt MaM1a�ps arq Eblping LF 0.00 l0. - 1100 L� Enharaxnwnl DiaWrb[d RM. N S*OVD ,,poaad Graniw Na9ro Swding YAypvpnaly SF 0.00 "" 5000 Sub•Totdl Qlr tProleat G°bta 50.04 indirect Costs 1s.g0 � D IAns mdNaUa smnmm verDmuOedFDla Comuucbdn a.g0% sg.00 s0.ou 16.00 GesgAGOnU+gOny 10AtW.6 NA Bg.06 50.00 iTAO CanpnxGan COIMhg[I / S.W1: HA 50.00 bo oo la" Iwwanw 1-1, 6larNad Pw.a,mpe N Tdd Ganrarwbr 1.00% a4 90.00 $0.00 19.00 Bwaf ..,y S®nOam PDaanl� dTuel CmamialDn 1.00% SUA $0.00 10.00 Co- PeeW Cnp W DPertreaO Erd<,ary Smr Peeoenmge dT-1 CaetruHwr e.00% w. Su.da $3.00 11.Po 5alae T-{MO) Torn W Pwnldn Hlllsla-Cnrsbu Hon 1.m /U. SO- 0.00 12.00 Dead ie-ft AeID®Ipn Ef .: 5u.uu 50.09 glg0 Perms esndusayslvsam an,mnegeelrewcnnvl.y:0en so.ro so.oe Po ormer ceN[man<v ln.oaw INA sn on bg.OD Sab•Total Ind h tProtect Goats SOAP Sub -Total Potential Project Costs Direct and Indirect $D.DD Cnstol Living Adpdsbr ttGOLAfappliadala% paryear $D.DD Total Potential Project Costs Direct, Indirect & COLA W00 D..gadp.,ep ieM.d.aeS�Maa .ud.ahlaedeA .a.a,I.y.lr[aa A . d[d1Aae llhja Akiaga m parem mxldlh Landscape cwtIs any kr a Nw kat la'),I.Iv o1 n.w emn alas g�anim alma Pa�af�•I.dge ana Hnr.drdn�fiwaardlnya.apvrepr6rly- O��'F A IN yQ Opportunities in the Town Collectors a[ 19 Rr Collectors provides opportunities in some areas to incorporate sidewalks and striped bike lanes and routes all done within existing street pavement no disruption to existing landscapes adjacent development. A -40 Fountain Hills Qh 7-4e A4.,e J�1 n t,Y 4 -o \ \tc Evatuate Cost y��Yhaf Is AYES°`m ► Cost Template to evaluate cost to add sidewalks and bike route/lane markings along Collectors working within existing street pavement no disruption beyond existing curb and gutter. A.40 Fountain Hills Dh 7-4e A4.,e Impacts Collectors Fill In All Yellow Highlighted Cells This Template Identified for Kingstree, Palomino, El Lago, Verde River, Parkview, Glenbrook, El Pueblo; Golden Eagle (northwest of Sierra MadrelBoulder) and others that meet the dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Major Collectors ±48r-64' Wide Corridors to Back of Existing Curb No Median Provide for Three (3) lanes of Automobile Traffic Plus Parking an dlor Bike lanes and New Curb Separated Sidewalk (Identify Section/Location of TOFH Major Collector Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST P,epared by J2 Englnwrine and Ernironmerdal Design, LLC NGescRlprl°n N gtlAmrtY ublT Force TOYA1 NO Direct Costa Spreadsheet Detennl,ree Base P,gec[Aiaan Aue Bases On 16 Feetol Area W New Shag �� ow NA NA Sp,eadrhsvtwill GafsNlatu xnoxn Baae Pmjea Nea in SFm SF 0.00 NA NA Gareral Aequirwnams (Mobexe0m, Darmeiralbn, Fenny ()arse, Oatly Cmwl Tntlng, SpeNalSwpartrna, ncl r.e0 Iw'wN5lennaMPeroamtagad Tobl SF I um 20AO1i So.Go aMerntine StrselNnr,n.iryrProjed Len0lN in Nibs or M[inmladeNl MBea NA NA SNvadaheet MllGASNIale Salewalk Lcnglh�L tF 0 NA NA Paden A,sa Nwrew&WkV Rwdwar AWR 16 NA NA 2 1 Sawrutentl oerrwue FulelYg MpM1aQfor ElgM{18)Foot StlFws%-1- SV ri. 6t8a0 $I w IN SewnA end Aanova E*ft Cu,h erd Dauer LF 0.00 law $0.00 4.H Eetlhxwk a."F.W.gE."OradadlbnPrel Wee So, 8klewe11, by 4' De CV 0.w $'Sw $0.00 5.90 New aonaab CVTbantl Nulb. ISMn-Vertlral Lu.-h- f3Yfar(Ustalla?20-1 Typa Al LF aoo $-- 60.00 8A0 Replem Two{2) Fear d Adpwn Abalalt Peving lydl lnp ABC SY 0.w 6A0.00 $0.G0 T.00 N., C..-3W lk5 MAD Slaw WN CU ll CP801 SF 0.00 sow $0.00 .. ConraeAe pMaea}, Inprme rFlea Vetlly GWewey Meeeu-nml SF Sr5a0 $m. SAO dlby Relopl-Nloean.%( Sum FacdwNar Fk VrWy Amount) LS I $0.00 10A0 Drelnage knpmvemanm Alpw.(Fleki Ve,Oy damage 5ieedel LS 1.00 $0.00 11,0o ADAftanpaxf a9treel Meread6re En 53,sofloo so.00 42A0 Mlle,gTdS1 0.w 5,0w 0.00 13A nMg. LF ow 8850 $3.00 1400 LaMesape Enhermnlml DhWrtetl nhal-New 9b'qd DxompoNtl aranlbarA tbbe Seetllnp aApprepliem SF o.o0 51.25 50.00 Sub-Taral �Irect Pfaject Casts Se-rle Indirect Costs 0 �iargral GeMOiona lndwtn5landaN Pc�cmtsax of Tolal Gonst�acGon 3.Oo% NA 600o SO.GO 16,00 De+i➢r, Cpntingenq 100a% NA sow 5U.00 47AO Lmanetlm Contlnge,tar SM% NA sow "AF 18M I.. awry Sian- Pereemsge plTdw ConMrusapn in% 5u.00 $0.00 reap '"-"-rnn,elry slandant Perrenlaged TOO tinauyege 80.00 SLLOa em Crneac Fee v ffi C.Va Cutthem Nrk,wry&4rdwr6 Pmanlro dTofw Cenel- o RA Bono ease o Sales T.•.Rol Torn dFwnlye MlAslo- C,p dion Sow $ko0 2200. D¢siyn F.-(N. P,wf mien Eadh:l l00% IIA 88,w ".0 2300 P-it Fees lnd.m Stan Parcenlaae dTdal Gon k,, 3.00% NA sow W.Go MM t]wner('oeke 10,M IIA so M 50.00 Suh-Total lndtract Project Lasts $0.00 Sub -Total Potential Project Costs Direct and Indirect $0,00 Cost arL mpg ndjlastment SCOLA) aPWIeU a1 T$ par year $0.00 Total Potential Project Costs Direct, Indirect & COLAI $0.00 Note', GoetofRwtlwarflaductlwaealan does not lr,cludsanycaatsmhea asaou,rted vAlM1lanticosl arleaal Hes. All work la lntmded to ac-iffiln arlrtlrp aVael wramenlvntlM Lantlacepe cow h enty Fur a lour feet 1�7 s01p of new eNnderd elxa Aranlm alenp pavement etlga arM If needed natlw Beetling ea appropnam- ��TA�Nyr O < .� pp 0 ortunities in the Town Local St. ghat Is l,r�1 ► Local Street provides opportunities in some areas to incorporate sidewalks and sharrows (shared roadway lanes with bicycles) all done within existing street pavement no disruption to existing landscapes. Fountain Hills Dh 7-4 e M. ,e 21 J�1nIN4 -o \ \tc Evatuate Cost y'�rhar Is pYTu°`m ► Cost Template to evaluate cost to add sidewalks and bike route/lane markings along Local Streets working within existing street pavement no disruption beyond existing curb and gutter. A t4 0 Fountain Hills Dh 7-4e A4.,e Impacts I Kcal Street Fill In All Yellow Highlighted Cells This Template Identified for multiple streets that meet the dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Local Streets t 28' - 36' Wide Corridors to Back of Existing Curb No Median Provide for Two Ili Lanes of Automobile Traffic and New Curb Separated Sidewalk (Identify Section/Location of TOFH Local Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering antl Environmental Design, LLC r>Fa-PlPnox -1 c-1-1xrr Pelc T.7- Direct Costs AM _vraasenear dHarmPiev 6aea fhgec Areah Aces eeeadon a eaar a A..a xr Naw sdawaa Acres a.m wA NA :grammreel vAl CelwUte Nraxn Beee Project Areen Square Fpd sF V" NA 1,P0 Garwral RaOuir<mePx [MoxexaloO. Oamol Hoaliorl.Fares.Chbs,�'Comm) Testing. Speaal Mspeclions, EC.) IMwlry SlamlalA Pa+wnlsOrol TpW SF 4. 6.90 20.00% 70.00 eemrmine Sheer NarrmvWg PaeJecllmglN in Niles er OedmaN etaxxa MiMa NR xA Spaa�neetxa C&cuINe 3ldawa. l.eng[n nLF LF P NA fR4 Petleseien Mee NNruy ErlsOng RoedwaY Wx1T IT PP 9eaerrteM Remo'ae Exlvlrg Aapteh tee EM)ht (0)FmtSmwalk Mtlltlon SY 000 §1600 I0ID S,PO SexcrrteM Remove Exatirg curb and [iraer LF oaa $8P0 so- 4 N EaNN Glatlilp Raw Ee'muno 3r o<Removal Area Mbdawalk by4'DO ce P.00 $,oW so." SA0 New Gal Curb antl Papal Per MAG 5l9n01 Wrllnal GUN antl CMlmJr 11 �1 Typr Al LF OAU SS000 som 5,00 RaINpe Tw (2)Feet of Aa]--1 AgaWt PayMelnGWmg Agc 5ti' PAP 's1v 00 ISm r,00 New CpnuNes IL Par $In lam - Cam-rvrrve lmprevemen[e[h.1d YNtla'xraewey Meesuremenm7 SF St500 7000 9,00 Utility Ralpra r Alkmaee.l-p Surb PlaeMnklar Fled Venfy Ampunlj LS TOP 70.00 1o.Po gram lmprammenls Nlowurvx(F.d-N IXe--) LS 1. tom 1- AdAPU pee[Gwrierv3YceNGemMlPna 1A 73,7POm IOm t2.00 9lgnapel9�regs EVYr 7fl Mre PuuOrg, Pue[aw 9lgnl EA 0.00 Keaa.00 IPm 13.Po Perwrren[MakiugeeM Slripag LF P.00 K.'A 7om 14.00 Landcape Erax--c--c--New Soy HEYpwnp dGable aM NaYw SeaEin9 if ApPrpPn- IF OW 81 .25 70m Su17-Tc al Direct Projea Costs $0.00 Indirect Costs .P Genmal Condromalnd-W5tan0ard Perwnmge of TmalConewcepn 3.u0% NA 70.00 7P.00 16.71 Peelgn Cpnergency 1P.0a54 SP.Po ep.00 7r.ae r elmacawilglncy s,00% Iw Sam 7om 7s.PP I�eurerrcelMuatry slarweM Peaenbyppf TpW cpPaa,><nm. t,00% xn rA.00 70.00 m.00 epna.Irmueby slandara Pamanmg•,vrTwm cvrrebvpaprr t.oa% NA som 7P.ge moo cwmGnm Faewnn rArgramoyedaae lntlpetry sPamenarpeAmgamrmm ls�x��f.,n aoP% NA gnm 7o oP 1oP saleera. riom7 rovn mPpmrmHl Neler oxrep,.olar Asn% NA Saoo 6Pm nor ar>eersar EOmla1 ]PO% rw SO o eom g300 Pprm4 F-yeslndwlry SNMard PerwnWgv ariolat Carpbu,Pa1 5,00% NR SOAP 30.0 2a.00 Urrw CPmimJelxry 10.00% NA 30.00 10.00 Sub -Total lndirect Project Cnets S0.00 Sub -Total Potential Project Costs Direct and Indirect $0.00 Cost of Llving Adju-ent (COi-Ajapplied st 9%per year $0.00 Total Potential Project Costs Direct, Indirect & COLA $0.00 Nde�Ceat Mrmeawey ReduvMen aealgn epee na include any team «Nea assopletetl wlxl lanacosn, ar rage.Fee._ Ill wehd bnxMedto Baer Nlmin enxleg Nre« pavmneer Wdrbe. L«,aa°aa• w:r �. velr 1�r a marraa N7 af�p ar naw aumard ew ara°ge mvna var•reanLadaa awa p nrraed oasts e..aixg a. apvrovrwv, JET A'N yQ in Opportunities the Town outside of 3 i ha'sPr,o ExistingRoadway rfik� There will be streets that require evaluation of adding sidewalks outside of the existing pavement these will be considerably more expensive due to the impacts to the surrounding developments and will be minimized wherever possible. A.4 St Fountain Hills Qh 7-4 e A4. �e V. J'�1 Evaluate Cost Impacts Outside of Existing y��Thae Is AyNTao Roadway Fill In All Yellow Highlighted Cells. This Template Identified for very limited areas only where sidewalk is being added outside of the existing roadway pavement envelope Cost Template to evaluate cost to add sidewalk outside of existing roadway pavement. These instances will be higher cost than the other scenarios due to multiple factors including relocation of utilities, right of way encroachment (mail boxes, etc.), potential retaining walls and other cost impacts. A -40 Fountain Hills Dh 7-4e A4.,e Establishing A CIP - Cost Template Town of Fountain Hills New MAG Concrete Sidewalk (Identify Section/Location of TOFH Sidewalk) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering and Environmental gesign, LLC ITEM ut5CR0°1ICN NNIT gtIAHTITy 11Ng PRIGS TOTAk NO. Direct Costs SvpreetlsM1eer oekvm'vms Base Pro,enr Area in Acres BOSO4 Op b FBet d A-1nr NM Sitlkwalk A<.ree 000 [NA hA SpieMr4matlWl LelculaEaNrorrt Base Pmjacr Arae mSgwre Fom $F U_DD NA h.1 L.W 6er,erm Re9uiremerealklu6illaelial.t)emohiBzetlon, ft... nstee. Q.Aty Conant T.Atr Speoel inWmtiwe, ncl krduxlry M.,dazd Percentage ad Tp 5F yy p.W 20.M Soo 2A0 Qllppembllion-uflrygtgWe SMr Min oST-W SA Typl,W Street Payemenl °b 0.00 5W% SOW IN Comp- Eerdayerk Town W Fcumaa N 51ope-&4.&e Prep. New 5idawaSr Ame LY 0.00 $10A0 SO.W 4m CwrWa Ads &t , swains IS deplh, 4. t ode slope CY ON $18.W so .'.W LanBerapa aml irng- RMEMAbpi Alm, Erfae ol:Sda 1Nealprekon ExMM1tls lAn4 FaN lrpM SW EIga SF 9W 9110 5a,00 Gatarmine SWewalk Pathway t glh W Mirm WW, W NA $preaeslxct wll Calrulele SeewaW lenglnnLF LF 0 W NA New Cpavme SWewalk 8'WioOr P7 B Nw NA 6.Oa New Ccaraele Sidewalk Per MAa St~i tl) aJl a23B1 $F 0.M $'0.0 $B.00 Tm Shined ties Mg a-Ondv (sgyepe Every-LMe F.-,g, 1-sign} FA .. $2,5W.In 50.0a SM Reteiwp Well(Cmxreie Fwdng. CMd 9lxk Less Than 30'Ha t}(Fidd V,* Lerph) LF $1110.00 W00 9.00 Gamete o.l -y lmpoewneMs (F.W V.0, Grveway SMacrea.,rlly) SF $15.W $0,00 l0 Alily I-- A- O-OP- IiWOIIWW FMld WOly Arly ) LS 1- SO. 1A00 Am -we lmPmr'emergs AS- jFleld Verily Rryxmga N y91 LS 1.W W. 1- Rmrmlre aM Rekar to Realtlenael Gpelmceum Al- (Mellbox, LlgMing, Rlpmp, rr fjf3elG Yeriry Amarrt} LS I 5000 19.00 AOA Ramps er Cpmwsf5beatlMerxembns EA 53.W0.00 5000 slth Tptpl Direct a j,,t C-ts $0.ee Indirect costs 14.o0 General Cpntldnns mdusw S+-i- Percm+sgeof Total Canswc[on a00% NA SO.bb $0.00 1100 pesl�Wn[bg¢nq 10A0% NA SO Dg $ono 1&gg Gd181NL40A C90mgepoy G00% NA S"D Snap 1 T.Oa o-surarxa lMuslry Slentlah[PBrcantagO MTdefGdWNctimr I- NA 110. 5a,0a 18.00 SO miDelryS .d PemenEape of Tdel Gm IrDt,lon t. n NA 50.00 soy" 1g.p0 ConbxNrs Fw vnM Cw we 9we dlMusAy SW- Percentage of Total Gorwkudpn a.009N NA Sg.W 50,00 HAD Selee Tmr[2020j Torun of FaaRin Hi14iorCwelrtec0on 9.2m NA 50.00 Soo y1.Gu Doran Fees 0-P V.k,n Eflarpl '00% NA $o op Sono 22-Op Pemil Fees lW.Vl S rdD'd P,rrey8a0e al Told C-clam 1.00% NA Sao $0,00 21 On1rNrGMft-Y tO.Wri NA V. W sub-Tetal Mdl-t P-pj coats $0.00 Sub -Total Potential Praject Costs Direct and Indirect $0.00 Cos! at Liekeg Adjustment ICOLAI applied a1 3% per ye $0.00 Total Potential Project Costs Direct, Indirect & COLA $0.00 Note', Coat oT 3ldewelN System tloes not Include any orate orlees assocfa[etl wkM1 rewwrbeM pctter eat Improvements, land rnM.. easements or bgal foes. This for MAG C.e-. sitlermlk insblle[bn only antl repelror raplawment olatljece W tlnaewaya antl lantlacape. lsnticcape Reebratlon InGptles recpnwcleMapab N existing dnp Inlga[Ipn A pmcem, cupply antl plawment o/new granite, and minimal new planangc to replace plains Ihef may ba dlslurhed or dkrop4ed doe [p construction. �OJ�T AfN �1tlM 4 Provide Landscape Active Transportation Town of Fountain Hills n 3 Preliminary Thornless Plant Lists Recommended ic is* tv°* far Taw" Right -of -Way Areas Adjacent to Public Sidewalks bor Want selections wfthl n this list is oat meant to be all Inclusive or exhaustive but It meant to offer a surprisingly diverse selectlon of Recommendations thornless low-water.use Ian dscape plants that are adapted to the Town of Fountain Will envEmnmenq. Blending This disnnrnve palette ofcnlars,forms, and textures can create plant combinations that can suit any landscape situation. Care should be taken in plan: seleceion has,d on exposure, ova nabs, space (height and wldrhj, availabil ity or need fof supple meats 1 irdgar ion, visibiliry and • There are many ether plant listsA �acent to Public and opparcunitles to explarethe wltle diversity of planes available{n the Sonoran Desercthat ran prnv3tle the tllversRy of ceWr, form,texture, safry.ndrnenrainah IIiryforlandscape areas adjarenr to public sidewalks wirhFn the Town of Founrain liHh. Thornless Trees Sidewalks Plant suggestions for planting in areas adjacent to public sidewalks and public rights -of - way. A 14 0 Fountain Hills Dh 7-4e A4.,e Butaniral Name Common Name Acacia aneura Mulga Acacia sMICIna Willow Acaca Acacia stenaphylla Shoestring Acacia Acacia willardlana Palo Blanco Caesalpinia cacalaco Smoothie Thornless Cascalote Cercidlum hybrid Thornless Pale Verde Species Chilopsis linearls (varlet€es available) Desert WI€law Palbergia sissoo Rosewcod Oleo eurupaea {fruitless} Olive Tree fruitless Pistacia chinensis Chinese Pistache Pros,clI hybrid Thornless Mesquite Species Prosopls glandulosa thornless varlety Thornless Texas Honey Mesquite Q9enuus species Oak Tree Species Sophora secundtfiora Texas Mountain taurai Vitex angus-cactus Chaste Tree Botanical Name Common Name Abutilon palmeri Indian Mallow Aloe varieties Aloe species Ambrosia deltaidea Trlangleleaf Bursage Ambrosia dumosa White bursage Asdepias subulata Desert Milkweed Caesalpinia pulcherrima Red Bird of Paradlse Cordia parvlfoila Little Leaf Cordia Da lea varieties Oalea species Dasylirier varieties Desert Sum species Dodonaes viscose Hop Bush Encelia farinosa Brittlebush Eremephlla varieties Eremephlla species euph urbia varieties fuphuribia species Hesperaloe varieties Hesperaloe species 3usticia varieties Chuparosa species Lantana varieties Lantana species Leucophyllum varieties Sage species Maytenus phyllanthnides Mangle Dulce Muhlanbergia varieties Muhly species Nol Ina varieties No ma species Ped{lanthus varieties Lady slipper species Ruellia varletles Ruellia per,, Ru arena equiWiformis Firecracker Bush Salvia varieties Salvia species 5enna vareties Serra species Slmmondsla varieties 3ojoba species TKoma vadeties Tecoma species Verbena rkgida Sandpaperverbina Thank You Available for Questions, Clarifications and Input 4 A-40 Fountain Hills Dh 7-4 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/02/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): 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 Issue 1 Issue 2 Inbox Finance Director Town Attorney Town Manager Form Started By: Elizabeth A. Burke Final Approval Date: 01/26/2021 Form Review Reviewed By Date David Pock 01/26/2021 06:47 AM Aaron D. Arnson 01/26/2021 07:51 AM Grady E. Miller 01/26/2021 08:42 AM Started On: 01/25/2021 06:09 AM Issue 1 — January 15, 2021 Legislative Update Today is day five of the first session of the 55t" Legislature. This week both chambers held the swearing -in ceremony for newly elected lawmakers on Monday to a restricted audience in the galleries and hosted a viewing of the governor's annual state of the state address, which was broadcast live on YouTube from his office. This year's ceremony was vastly different than the traditional pomp and circumstance of previous years, to comply with social distancing measures - limited attendance, a mostly masked audience of lawmakers, and some choosing to participate over Zoom from their capitol office. The governor's speech was unusually brief, with COVID-19 at the forefront, and highlighting the progress on vaccine distribution, economic recovery, and previewing his legislative agenda for the session. A full transcript of the speech can be accessed at this (link). PSPRS Cancer Insurance Fund On Wednesday, the Senate Finance Committee considered SB1043 public safety; cancer insurance; eligibility sponsored by Senator David Livingston (R-Peoria). Since the mid- 1990's employers have paid an annual amount into the Cancer Insurance Fund for each of their public safety employees. The fund was established to cover out-of-pocket medical costs, up to $100,000, if they were diagnosed with cancer. Senator Livingston's proposal would extend this program to retirees with the program being subsidized by the employers. The League identified concerns with this proposal because the plan was not established to cover this larger group of employees and would result in employers increasing their annual contributions as well as a more expedited depletion of the fund. The sponsor has committed to stakeholder meetings on the issue. The bill passed out of committee 7-2-1. PSPRS Health Benefit Subsidy Also, on Wednesday, the Senate Finance Committee considered SB1045: defined contribution; health subsidy; disability sponsored by Senator David Livingston. This bill aims to extend the health benefit subsidy offered to public safety employees enrolled in the PSPRS defined benefit plan to public safety employees who are enrolled in the PSPRS defined contribution plan. During pension reform in 2016, language was included in statute that precluded defined contribution plan participants from receiving the health benefit subsidy. Consequently, this new benefit has not been funded and would result in increased contribution rates by the employer by 0.27% per year. The League signed in opposition to the bill and the sponsor has committed to stakeholder meetings on the issue. The bill passed out of committee 6-2-2. Executive Budget The executive budget includes the following items of interest to cities and towns: • Unspecified income tax cuts beginning in 2022 and growing by $200M per year for a total of $600M by 2024 (2022 = $200M, 2023 = $400M, 2024 = $600M, 2025 & Beyond = $600M) • $10M for rural broadband grants • $5M to fully fund the Water Quality Assurance Revolving Fund • $16M each year from 2022 through 2024 to update public safety radio networks • $64M for I-17 construction • $33.1M for broadband corridor on I-40 west of Flagstaff to the Arizona border Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: January 1/11 — First day of session 1/21 — House 7-bill Introduction Limit Begins (5 p.m.) *prior publications noted 1/14, this deadline has been extended by one week February 2/1 — Senate Bill Introduction Deadline (5 p.m.) 2/8 — House Bill Introduction Deadline (5 p.m.) 2/15 - 2/19 — Last week to hear bills in the chamber of origin March 3/22 — 3/26 — Last week to hear bills in the opposing chamber A rIl 4/16 — Last Day for Conference Committees 4/20 — 100th Day of Session Monday Legislative Update Calls The League will continue to host a weekly conference call to report on the status and impact of various bills in the 2021 session. The calls are scheduled for Monday mornings at 10:00 a.m. However, because of Opening Day and State of the State Address, and the Martin Luther King, Jr. holiday, the first call will be held at 10:00 a.m. on Tuesday, ]anuary 19. Mayors, councilmembers, managers and other city or town staff who are interested in legislative activities are invited to participate. Call -in numbers and a brief agenda will be sent out prior to the calls. If you would like to receive the Monday agendas, please contact league@azleague.org and request to be added to the distribution list for the Monday conference call. Legislative Intern The League is pleased to welcome Katherine Compton as the 2021 APS Legislative Intern. Katherine is from Yuma and is a junior at Arizona State University. She is studying public service & public policy and business law. She previously interned for the mayor's office in the city of Phoenix and with the American Indian Policy Institute. During this legislative session, she is looking forward to learning more about the balance of municipal decision - making and state authority. We are excited and proud to have her on the legislative affairs team this session. Your Voice at the Capitol The 2021 edition of Your Voice at the Capitol, our listing of state senators and representatives is available here. Please use this document to access contact information for your delegation. Early contact with your legislators is strongly recommended to establish a relationship with the elected officials representing your district. Maintaining good communications with your legislators provides them with valuable insight as to how proposed legislation may impact the communities in their districts. Additionally, you can contact our legislative division at (602) 258-5786 or email using the information below: Nick Ponder, legislative director: nnponder@azleague.org Tom Savage, senior legislative associate: tsavage@azleague.org Roxanna Pitones, legislative associate: rpitones@azleague.org Katherine Compton, legislative intern: legisintern@azleague.org Legislative Bill Monitoring All bills being actively monitored by the League can be found here. 2G-21- jlr��e 81.1IllQ .League Of Arizon, " ities A1.3 Issue 2 — January 22, 2021 Legislative Update Today is the 12t" day of session and so far 1,031 bills have been introduced, which include many from last year that never made it to the finish line before session was suspended. Some of these were introduced as mirror bills so each chamber will concurrently debate and vote to expedite the legislative process. The seven bill introduction limit, which was extended by one week, began yesterday at 5 p.m., meaning each House member may only introduce seven bills as a prime sponsor up until February 8. The Senate does not impose such a restriction, but senators must have their bills introduced by February 1. Utility Condemnation HB2049 eminent domain; existing contracts, sponsored by Representative Jeff Weninger (R-Chandler) passed the House Commerce Committee on Tuesday with a vote of 7-3. Representatives Espinoza (D-Tolleson), Powers Hannley (D-Tucson) and Fernandez (D- Yuma) voting no. The bill requires cities and towns exercising eminent domain on a public utility to assume all the assets and contractual obligations of the utility. This would require the assumption of private 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 and the potential to negatively impact current and future condemnation processes. Small Cell Fees Also up in the Commerce Committee on Tuesday was HB2108 telecommunications; public highways; use; fees, sponsored by Representative Jeff Weninger (R-Chandler). It passed with a vote of 6-4 and will now proceed to the Rules Committee. The bill as written provides an exemption from linear foot fees for fiber in the right of way used for small cell antennas. However, the current wording applies broadly to potentially exclude the entire network connected to the small cell from the fee calculation, which would provide a substantial exemption solely for one industry that would be using this public space for free. This not only presents a revenue impact for cities and towns, it also creates Constitutional concerns as local governments are prohibited from allowing providers to use this space for free and would impair contracts in conflict. The League is working on an amendment to address these issues and will provide an update on our progress. Short -Term Rentals The League's resolution on short term rentals (STRs) was introduced this week by Representative Kavanagh (R-Scottsdale). The League has been involved in short term rentals discussions since the passage of 2016's SB1350 which preempted cities and towns from regulating STRs. This legislation has resulted in the proliferation of short-term rentals in communities in Arizona and has impacted housing availability and quality of life across the state, but especially in communities closest to tourism hubs. HB2481 short- term rentals; enforcement; penalties (Kavanagh) would return some local control to municipalities by decoupling STRs from long term rentals and giving cities and towns the ability to license or register STRs. Additionally, the legislation would allow local governments to establish zoning restrictions for short term rentals. The League will be following and supporting this legislation as it moves through the legislative process. Legislative Bill Monitoring All bills being actively monitored by the League can be found here.