HomeMy WebLinkAbout2021.0817.TCRM.Agenda.Packet
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Alan Magazine
Councilmember Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Peggy McMahon
Councilmember Mike Scharnow
Councilmember David Spelich
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, AUGUST 17, 2021
WHERE:
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may
be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents
pursuant to A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council
Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which
you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments
should be directed through the Presiding Officer and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a
written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town
Clerk prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting
https://www.fh.az.gov/publiccomment 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.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.MOMENT OF SILENCE
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.REPORT: Update on Members of the Pavement Management Citizen Advisory Committee.
B.REPORT: Greater Phoenix Metropolitan Area Initiative on Broadband
C.PROCLAMATION: August as Child Support Awareness Month
D.PROCLAMATION: Declaring September 1, 2021, as Second Responders Day.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.RECOGNITION OF Fountain Hills Finance Department for Certificate of Achievement for
Excellence in Financial Reporting from the Government Finance Officers Association of
the United States and Canada.
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during Call to the Public unless the matters are properly noticed for discussion and legal action. At the
conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter, or (iii) ask that the matter be placed on a future Council agenda.
7.CONSENT AGENDA ITEMS
Town Council Regular Meeting of August 17, 2021 2 of 5
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting
of March 23, 2021; the Budget Workshop of April 13, 2021; the Special Work Session of
May 11, 2021; and the Regular Meeting of June 15, 2021.
B.CONSIDERATION AND POSSIBLE ACTION: Authorization of staff to apply for and accept
grant funding in the anticipated amount of $30,000 from the Salt River Pima-Maricopa
Indian Community to support marketing and promotion initiatives in Fountain Hills.
C.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the Capital
Projects Fund, General Fund, and Downtown Development Fund.
D.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License
Application for ZAB Thai Kitchen, located at 16720 E. Avenue of the Fountains Fountain
Hills, Arizona, for a Series 12 (Restaurant) license.
E.CONSIDERATION, AND POSSIBLE ACTION: Approval of Liquor License Application for
Parkview Tap House, located at 16828 E. Parkview Ave Fountain Hills, Arizona, for an
Extension of Premises/Patio Permit.
F.CONSIDERATION AND POSSIBLE ACTION: Approval of Special Event Liquor License
application for the Fearless Kitty Rescue for a wine garden in conjunction with the Fearless
Kitty Rescue Fundraiser event on October 22, 2021.
G.CONSIDERATION AND POSSIBLE ACTION: Approval of Special Event Liquor License
application for the Sunset Kiwanis of Fountain Hills for a wine garden in conjunction with
the Fountain Hills Fine Wine & Art Festival on March 3,4, and 5, 2022.
H.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-17, abandoning
the 10' Public Utility and Drainage Easement at the rear of 14813 E. Cerro Alto Drive.
I.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-21, abandoning
the 10' Public Utility and Drainage Easement along the southeast property line of 16140 N.
Palo Verde Lane
Town Council Regular Meeting of August 17, 2021 3 of 5
J.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-23, abandoning
the 10' Public Utility and Drainage Easement along the north and west property lines of
15826 E. Burro Drive.
K.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-24, abandoning
the 10' Public Utility and Drainage Easement along the west property line of 17418 E. El
Pueblo Boulevard.
L.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-25, abandoning
the 10' Public Utility and Drainage Easement along the southeast property line and a
portion of the 10' Public Utility and Drainage Easement along the southwest property line
of 15133 E. Verbena Drive.
M.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-26, abandoning
the 10' Public Utility and Drainage Easement along the south (rear) property line of 15151
E. Ridgeway Drive.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Approval of Amendment No. 1 to Professional
Services Agreement 2020-071 with Wood Patel & Associates for engineering design
services for phase II of the Panorama Drive storm drain.
B.CONSIDERATION AND POSSIBLE ACTION approving Amendment No. 1 to Job Order
Master Agreement C2019-006C1 between the Town and Vincon Engineering Construction
LLC, for construction of the Desert Vista crosswalk.
C.CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-11, amending Section 11-1-7,
Noise, of the Town Code.
D.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance No. 21-02,
establishing Section 2.08, Citizen Participation, in the Zoning Ordinance.
E.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Use Permit to allow four
residential units at an existing building located at 16842, 16843, 16844 and 16845 E.
Avenue of the Fountains (generally located north of Avenue of the Fountains, between
Saguaro Blvd. and Verde River Dr.) and in the C-2 (Intermediate Commercial) Zoning
District and the Entertainment Overlay District. SU 2021-04
F.CONSIDERATION AND POSSIBLE ACTION: Authorizing Mayor Ginny Dickey to vote on
behalf of the Town of Fountain Hills on proposed resolutions at the 2021 Annual League
of Cities and Towns Conference.
Town Council Regular Meeting of August 17, 2021 4 of 5
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.
_____________________________________________
Elizabeth A. Klein, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available
for review in the Clerk's Office.
Town Council Regular Meeting of August 17, 2021 5 of 5
ITEM 4. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PROCLAMATION: August
as Child Support Awareness Month
Staff Summary (Background)
Mayor Dickey is proclaiming August as Child Support Awareness Month.
Attachments
Proclamation - Child Support Awareness Month
Form Review
Inbox Reviewed By Date
Finance Director David Pock 07/07/2021 10:06 AM
Town Attorney Aaron D. Arnson 07/07/2021 08:10 PM
Town Manager Angela Padgett-Espiritu 07/12/2021 10:28 AM
Executive Assistant, TM/M/TC (Originator)Elizabeth A. Klein 08/11/2021 01:55 PM
Town Manager Elizabeth A. Klein 08/11/2021 01:56 PM
Form Started By: Angela Padgett-Espiritu Started On: 07/07/2021 07:38 AM
Final Approval Date: 08/11/2021
ITEM 4. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language):
PROCLAMATION: Declaring September 1, 2021, as Second Responders Day.
Staff Summary (Background)
Mayor Dickey is proclaiming September 1, 2021, as Second Responders Day.
Attachments
Proclamation
Form Review
Inbox Reviewed By Date
Finance Director Elizabeth A. Klein 08/11/2021 07:43 AM
Town Attorney Elizabeth A. Klein 08/11/2021 07:44 AM
Town Manager Grady E. Miller 08/11/2021 10:34 AM
Form Started By: Angela Padgett-Espiritu Started On: 08/10/2021 12:28 PM
Final Approval Date: 08/11/2021
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of the minutes of the Special Meeting of March 23, 2021; the Budget
Workshop of April 13, 2021; the Special Work Session of May 11, 2021; and the Regular Meeting of June
15, 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
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Special Meeting of March 23, 2021; the Budget
Workshop of April 13, 2021; the Special Work Session of May 11, 2021; and the Regular Meeting of June
15, 2021
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of March 23, 2021; the Budget Workshop of April
13, 2021; the Special Work Session of May 11, 2021; and the Regular Meeting of June 15, 2021.
Attachments
2021.0323.TCSM.Minutes
2021.0413.TCBW.Minutes
2021.0511.TCSWS.Minutes
2021.0615.TCRM.Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 08/04/2021 10:57 AM
Form Started By: Elizabeth A. Klein Started On: 08/03/2021 05:32 PM
Final Approval Date: 08/04/2021
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
MARCH 23, 2021
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called the Special Meeting of the Fountain Hills Town Council held March 23,
2021, to order at 5:30 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember Peggy
McMahon; Councilmember Gerry Friedel; Councilmember Alan Magazine;
Councilmember Sharron Grzybowski
Absent: Vice Mayor David Spelich
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically);
Town Clerk Elizabeth A. Burke
3.CONSIDERATION of capital projects in the Proposed Five-Year Capital Improvement
Program.
Finance Director David Pock gave a brief recap of where funding for the Capital
Improvement Program comes from, noting that it is a dedicated fund and each year-end
balance, from year to year, goes into the fund for construction of new buildings,
infrastructure or major projects in excess of $50,000. He said that it is also funded by 50%
of the TPT on construction, increased by grants that may be received, development fees
and some interest income.
He said that as of now they are expecting a year-end transfer from unassigned funds to the
Capital Improvements Program of around $2.5 million, leaving $5.3 million available for next
year's projects.
Public Works Director Justin Weldy then reviewed the following projects:
D6047 - Miscellaneous Drainage Improvements - $50,000 CIP
D6057 - Golden Eagle Impoundment Area Improvements - $900,000 CIP
Councilmember Scharnow asked if all the improvements at Golden Eagle are within the
park, or if some were upstream. Mr. Weldy said that the current design is focusing inside of
the drainage area of the park; Phase II will involve other agencies and other locations.
D6058 - Phase II Panorama Drive Storm Drain Improvements - $80,000 CIP
Councilmember McMahon asked if this was different from the $1.9 million in the budget.
Mr. Weldy replied that funding is from this year; this is for next year.
D6059 - Brantley Dr Detention Basin - $350,000 CIP
D6059 - Brantley Dr Detention Basin - $350,000 CIP
Mr. Weldy explained that the Town temporarily stores water in this Town-owned property
adjacent to a gated community. During the 2018-2019 storms they had a great amount of
dirt, causing the water to overtop into private properties. He said that they are looking to do
design and then construct; this is just for the design.
D6060 - Townwide Stormwater Infrastructure Rehabilitation - $150,000 ENV/CIP
Mr. Weldy said that there are 73,000 linear feet of pipe and some of it is pre-incorporation.
They want to get caught up and hopefully avoid catastrophic failures in the future.
Councilmember Magazine asked what the piles of dirt were for on the corner of Bainbridge
and Golden Eagle. Mr. Weldy said that those are millings from local streets. They are now
using that to provide better access roads to the dams. He said that based on the condition
of the Panorama Pipe, they selected all of the pre-incorporation locations to do inspections.
Last Council meeting was approval for inspection and cleaning services. They need to be
cleaned before inspecting. It is more of a "pay as you go" method.
Community Services Director Rachael Goodwin then continued the presentation:
F4037 - Community Center Improvements - $550,000 CIP
Ms. Goodwin said that this is the first phase of a major renovation at the Community
Center, with $550,000 going toward cosmetic issues such as flooring, painting, and the
restrooms. There will be upgrades to the built-in amenities. The potential second phase
would be enclosure of the lounge area, identified as potential area for increased space. An
identified alternative would be an addition of an expansion off the back end of the building,
where doors are in the back of the lobby.
Councilmember Scharnow said that during the Retreat some on Council had mixed feelings
of what to do with the lounge space. He asked if an expansion would be just for a fitness
area or if it would be a multiuse area.
Mr. Goodwin said that ideally they could consider any or all. Originally, it was to be a
dedicated fitness room, but as brought up during the Community Services Advisory
Commission, it would not be intended to be a rival to any of the local gyms. The Town
already offers several classes. They often require yoga balls, belts, etc. and this could be
stored permanently there. This would open up the other spaces for more traditional
classes.
Councilmember Scharnow said that there are a lot of classes, and asked if a different
flooring would be better. Ms. Goodwin said that there would be different flooring to improve
safety, along with a built-in sound system.
Councilmember Magazine said that he is a big fan of the Community Center. It is really
used a lot, especially by the senior citizens. He said that $550,000 is not a lot of money in
the scheme of things, and he suggested that they leave something else out and add to this
account so they could do more. Mr. Miller said that it was obvious from the Retreat that
there was no consensus on the future years of what to do with the Community Center.
They are going to further work on determining what users would like. What they have in the
outer years is going to get further refined in the future.
Town Council Special Meeting of March 23, 2021 2 of 10
Councilmember Magazine said that he would not be concerned with creating competition;
he believes the senior citizens would take advantage of this as they cannot afford the local
gyms.
Ms. Goodwin said that ideally, they would like to offer additional programs in the evenings.
Councilmember Friedel asked if there was any way of making the lounge area into more of
a multipurpose room and open it up as a lounge if it was not in use. Ms. Goodwin said that
they would need to look into the engineering aspects. She said that there was also talk of
using it for youth or teen space, with gaming, foosball, etc. and there was also a suggesting
of turning it into a communication hub, to provide for Zoom Meetings, and have more IT
elements built in.
Councilmember Friedel asked if, with the size of the lobby, they could have another lounge
area. Ms. Goodwin said that they would repurpose how that space is used, providing small
gathering spaces to function as a lobby/lounge area.
Councilmember McMahon asked if staff thought this was a realistic estimate given all the
proposed changes. Ms. Goodwin said that they have begun pricing what it will take, and in
addition to this funding they have an additional funding source in the Facility Reserve Fund.
Mayor Dickey said that she is all for this. She liked the seating area, coffee cart, meeting
area, including furniture. She said that a lot of them are excited about doing something
there. Ms. Goodwin said that the first phase will be cosmetic.
Mr. Miller said that while there are some costs in the future for the lobby, they do not feel
they will put in carpet, but rather carpet tile as it is easily removable. The painting would be
the main work done at this time. He would anticipate the major costs would be some of the
technology costs. A lot of it can be dropped through the drop ceiling. They are not sure of
the costs associated with an addition; they tend to cost much more than what is presented.
Discussion was held on the ability to obtain grants for some of the work. Ms. Goodwin said
that as a staff, they work hard to find grants. Her experience has been that if they have a
project they are doing and it is green-lighted, they are able to do it and ask for assistance. If
a project is contingent on grant funding it can be a hindrance, and there is not much
available in the way of grants for cosmetic improvements.
Councilmember Friedel said that he heard that the Silver Sneakers lost their place to do
their routines. He said that they need to share that information with the public.
Mr. Miller said that they do a lot of grant writing. The Golden Eagle Park tennis courts and
playground equipment were partially funded by grants. They would like to rely on the
grants, but in the end they tend to be what brings amenities to projects. They have been
lucky through MAG for federal money for streets.
Councilmember Magazine said that they are going to have a lot of people complaining
about them spending money on the Community Center. It is critical that they get the word
out to the public. Perhaps they could put a list of CIP projects in the Insider, etc.
He said that when he walks in the facility he sees a very boring institution. He would hope
that they would consider jazzing it up with colorful walls or something; perhaps hire an
interior decorator. Ms. Goodwin said that they have someone on staff with a degree in that
field, and hopefully they will be leveraging some of her expertise.
Town Council Special Meeting of March 23, 2021 3 of 10
Councilmember Grzybowski said that when she was on CSAC they had a subcommittee
that did nothing but try to find grants. Also, they cannot apply unless they already have
plans. As a former gym owner, flooring is important, especially when they have an aging
population.
Councilmember Scharnow asked if they would be taking out the tile in the lobby. Ms.
Goodwin said that they would like to look at options that are durable like tile, but need less
maintenance and could withstand high traffic. Mr. Miller added that if they have seating
clusters, they may want to have area runners or carpeting.
Councilmember Scharnow said that in looking ahead at additions, they are committing that
this is a permanent home for seniors. Mr. Miller said that the consensus on part of staff and
councils in the past is that the Community Center is not an adult center; however, the large
majority of use is for senior programs. They are trying to integrate younger families and
couples, using it during hours that are not peak for seniors. Councilmember Scharnow said
that he was in favor of expanding the age groups.
Ms. Goodwin said that the feedback received through the Master Plan Survey shows that
the community wants it to be welcoming to all ages; that is no short order. A large
percentage during the day is used by seniors. The enclosure is intended to be more
welcoming and draw wider demographics.
Councilmember Friedel asked what percentage of usage are resident seniors. Ms.
Goodwin said that she would guess very high. They do have some events that draw from
outside the Town limits.
Mr. Miller said that there will be more discussion, once it gets remodeled. He appreciated
the feedback, and they will further refine future plans for the outer years.
F4038 - Community Garden Driveway Relocation - $175,000 CIP
Mr. Miller said that he has seen some renderings. Hopefully they will be getting a Discovery
Center there, but right now they are trying to improve pedestrian safety. He said that this
would allow for public parking for businesses and special events, providing access from
either direction, and much needed parking. He said that this was a multiyear project; last
year they discovered they did not have adequate funding to do all locations.
P3035 - Tail End of Improvements at Four Peaks Park Upgrades - $200,000
P3036 - Desert Vista Skate Park Lights - $75,000 CIP; $40,000 Grant Offset
Mr. Miller said that they did not receive a grant they applied for with regard to lighting. They
would like to take another try at finding a grant. She said that this is a very popular amenity,
but it cannot be used at night because there is no lighting. Ms. Goodwin said that the facility
needs some maintenance; there are a few areas of crumbling concrete. With the increased
access through the Desert Vista Crosswalk, they believe it will be more usable and receive
a better chance for grant funding. She said expansion is feasible, but it is not in this year's
CIP. Once they complete Four Peaks, one of the suggestions in the Parks and Recreation
Master Plan was an adventure park, big kids' park, with ramps, BMX pump track, fitness
equipment, obstacle course, etc. but lighting is the first step.
Mayor Dickey said that with grants in general, staff has become so sophisticated in what is
Town Council Special Meeting of March 23, 2021 4 of 10
needed; the more they can show, the more they see the Town's commitment.
P3040 - Splash Pad Replacement - $750,000 CIP; $110,000 Development Fees
Ms. Goodwin said that they are going into the 13th season, April through September, and
the current facility is showing its age. Full replacement is necessary. She said that they do
have a request through the CIP and Fees for an expansion of the footprint. She said that if
they can do it, the development fees can offset that cost. Councilmember Magazine asked
if excavation of some of the hill would be required. Ms Goodwin replied that it most likely
would.
Ms. Goodwin said that the existing splash pad was one of the first in the state, but it uses
older technology. Now, they have accessible, above-grade equipment so if there is a
problem they can change out the equipment without having to tear out the concrete. She
said that it allows them to add a few pieces into rotation, move pieces around, change
layout, etc.; it offers flexibility.
Mr. Miller said that two summers ago they upgraded the filtration system to a UV system.
Councilmember Magazine asked if the $860,000 anticipated enlarging the footprint and
adding equipment. Ms. Goodwin replied that it did. It would cover excavation, removal and
reinstallation. Once they get below grade, they can determine whether they need to add
supplemental water lines.
P3045 - Four Peaks Park Playground Parking Lot - $65,000 CIP
Ms. Goodwin said that this project is to repave the playground parking lot behind the
existing school buildings.
P3046 - Saguaro Park - South - $150,000 - Development Fees
Mr. Miller said that this would be covered through development fees. Councilmember
Magazine asked if they have any indication of what is occurring with Park Place. Mr. Miller
said that they are planning to go out of sequence. They have a concept for row-housing
and multifamily townhouses that would face the park with a smaller version of Park Place
to front Avenue of the Fountains. He said that it all depends on the developer.
P3047 - Avenue Linear Park Event Receptacles and Paver Rehab - $100,000 CIP
Mr. Miller said that these have deteriorated faster than anticipated, between irrigation and
animals. They would be raising them and adding additional pavers. Some have lifted due to
tree roots.
Mayor Dickey said that they have an issue with pet waste. They talked previously about
having an IGA with the County to expand services for other issues in Town, including bags
being put in the middle of the streets now. Mr. Miller said that they received the three-year
IGA with them and will probably proceed with that, and at a later time do an addendum for
additional services. He said that it is the dogs doing the damage, but it actually is the
humans allowing them to do it.
Councilmember Scharnow asked about temporary objects to put over the outlets. Mr.
Weldy said that they have not looked into that. Research shows that the composite units
they are proposing are less susceptible to weather and elements. He did say they have
kept matching pavers stored offsite so that will help reduce the costs.
Town Council Special Meeting of March 23, 2021 5 of 10
P3048 - Fountain Park Playground Equipment - $360,000 CIP
Ms. Goodwin said that they have replaced the two to five year old section of the
playground. This is for the big-kid side. They are heavily used and play harder, doing more
damage. The playground is wearing out. She said that they have the dome at Golden
Eagle and the zip line at Four Peaks Park. With Fountain Park being the signature park,
they are proposing a climbing tower. There is only one other in North America and not one
in the United States. They would like to be the first to have the climbing tower.
P3049 - Sunridge Trail Connector - $85,000 CIP
Ms. Goodwin showed a map of what was being proposed. He said that the McDowell
Mountain Preservation Commission and Conservancy have evaluated the area and this is
their recommendation on how to develop a new trail within existing property. They are
willing to do a majority of the work with volunteers, who have always done a majority of the
work on the trails. She showed the property across from there where at one time there was
going to be a Fire Station, but it is now developing into a new park--Sunridge Park. She
said that with both Desert Canyon and Sunridge they would like to work with the natural
topography and have trails with fitness gear and a ramada. It would be a connector point for
the new trail access point. She said that the park and access would provide more access
and walkability for the community.
Councilmember McMahon asked if there would be sufficient parking. Ms. Goodwin said that
at this point the park would having parking. They have preliminary landscape plans. It is
intended to be for residential access, but there will be parking available at the park site.
Councilmember McMahon said that she is concerned that residents will get upset if there is
parking on the street. Ms. Goodwin said that there is no street parking available due to the
bike lanes. Councilmember Friedel said that it is pretty steep at the cul-de-sac; there is no
real access from that point. Councilmember Scharnow said that he is not opposed, but he
would like to make sure they are going to have parking before they put the trail in. Mayor
Dickey said that she agreed with that a lot. If they cannot park, no one can go there unless
they are in walking distance.
Mr. Miller said that was great feedback. He said that he has lived in other areas, and it is
pretty common to have neighborhood connectors. They have dead end streets, and they
do not want to create an issue for the neighbors. He suggested that staff rework before they
bring to Council for the budget adoption. He said that perhaps they would jump ahead and
do the parking before they do the trail. Ms. Goodwin added that was a reasonable option.
P3050 - Desert Vista Turf Improvements - Option A: $390,000; Option B: $125,000 CIP
Ms. Goodwin said that Desert Vista Park has weeds. Grass in most of the other parks is
healthy enough to overcome the weeds, but in Desert Vista the tacky weed has won and
choked out the grass. She is working with Mr. Snipes. The fast route would be $390,000 to
resod the entire six acres of the park, but it is unfenced and they would have trouble
keeping people and dogs off of it. The $125,000 would add additional herbicide and
treatments to the turf. She said that they do believe it would take two years to overcome
this, but the lesser cost is the staff's preferred option, and would have a better success rate.
Councilmember Grzybowski said that it seems time consuming. Ms. Goodwin said that they
contract for maintenance and mowing for all the parks. When there are weed applications,
they are done through contracting. They would have the ability to do it more
Town Council Special Meeting of March 23, 2021 6 of 10
aggressively--four times a year versus two times. She said that turf out there is very
uneven, and they have had vandalism issues. This would include the laser leveling of the
park.
Councilmember Magazine asked if they would not have the same problems. Ms. Goodwin
said that they would like to consider barriers, such as boulders or bollards; fencing is not
ideal, but they do need some deterrent.
Councilmember Scharnow asked about the long-term use of this park. Ms. Goodwin said it
is their only rectangle field park. Four Peaks does have a significant one rectangle, but this
park accommodates more and provides parking and lighting. They do believe the park
could support both ideas--sports fields and an adventure park side. They would like to
connect it all with sidewalks.
Councilmember Friedel said that he has been down there and used it for frisbee. He could
guarantee that if they get the turf where they can have tournaments, and enable Code
Enforcement to enforce no dogs on turf, it would be good. He liked the idea of barriers
being rock. Mr. Miller said that he was not sure that Code Enforcement was the best fit, but
they will take a look at it.
S6058 - Shea Boulevard Widening - Palisades Blvd. to Technology Drive - $226,000
CIP
Mr. Weldy said that the Shea Boulevard Widening project has been a series of grants, with
Prop 300 money. The amount of money requested in this item is for the design. He said
that they do have some Prop 400 in the account; however, not enough to do the entire
segment. This would be eastbound between Palisades and Fountain Hills Blvd. on the
south side. The Town's portion is $226,000 for the design. The remainder, almost $3
million, will be grant funding.
Mayor Dickey said that with the last project they did with ADOT the Town was to get back
between $70,000 and $90,000, and she asked about the status. Mr. Miller said that it has
been several months since they last checked in with them. Staff will reach out to the
project engineer.
S6059 - Wayfinding Signs - $250,000 CIP
Mr. Miller said that when these were first introduced, the consultants wanted the Town to
use specific signs, which staff believes included a huge markup. Mr. Weldy said that these
are a different type of sign at two-thirds the cost of the others. They are proposing 34
locations, including Shea, Fountain Hills Blvd., and Saguaro. He said that the final signs
would be manufactured with the same material as is used for street signs. Mr. Miller said
that with the sun and climate they will eventually fade over time, so they would probably
start budgeting for replacement signs in the future.
Councilmember Scharnow asked if the green color was recommended, or preferred. Mr.
Weldy said that the color was selected by the Mayor and Council in 2018. Mr. Miller said
that they would want to have the signs match and be consistent. The 34 locations were
based on past recommendation of the consultant. He said that tonight is just for getting the
Council's blessing.
S6061 - Sidewalk Infill Program - $200,000 CIP
Town Council Special Meeting of March 23, 2021 7 of 10
Mr. Weldy said that this is part of the long-range plan that was shared with the
Transportation and Pedestrian Safety Committee. They will review the Transportation Plan
and do infill based on the survey from those plans.
S6064 - Desert Vista Crosswalk - $200,000 CIP
Mr. Weldy said that they placed some money in next year's budget due to some of the
constraints having to do with topography and existing water meters. They wanted to ensure
they have the budget authority to build it and pay for it next year.
S6065 - Sidewalk Infill, Palisades and Saguaro - $17,000 CIP; $274,000 Grant
Mr. Weldy said that originally this was going to cost the Town $300,000 where they would
pay for the design, select the consultant, and oversee the construction. Due to persistence
of the Town Engineer and guidance of the Town Manager, they applied for close-out
funding and ADOT will be giving them $274,000, and the Town will no longer need to do
the selection process, and manage the design and construction. That will all be done by
ADOT, and the Town's share of the project is $17,000. He said there is an additional $2
million for construction, where the Town would have a small portion to pay.
S6068 - Townwide Guardrail Replacement - $50,000 CIP
Mr. Weldy said that this is to replace guardrails on Palisades and McDowell Mountain
Road. The intent is to have a professional traffic engineer determine what they need to do
and where, so they have a plan in place should grant funding become available. He said
that they are going to be applying for a grant for McDowell Mountain Road. If they are not
approved for it, the money would be used for pavement treatment in that area. One of the
grants is for Palisades, and if that is approved they would be asking for a design cost.
S6069 - Saguaro and AOTF Single Lane Roundabout /S6069 - Dual Lane Roundabout
Mr. Weldy said that they are looking at two options with this. Mr. Miller said that the
consultants will come back with recommendations. Councilmember Magazine said that in
the past they had also discussed an overlook. Mr. Weldy said that they could include that
as they move forward. Mr. Miller noted that the Mayor had a meeting with the Board
Director of the Fountain Hills Sanitary District and they may be a financial partner on that.
Mayor Dickey said that going back to the Downtown Area Specific Plan and the General
Plan, they talked about traffic calming and the idea of having parking on Saguaro. She
asked if this would not be a good time as well to consider parking on Saguaro and having
only one lane of traffic. She would support that.
Mr. Weldy said that one problem is with truck traffic. The MAG projections show that truck
traffic in that area is a problem. Mr. Miller said that this engineering firm is going to have to
look at all of these factors, but the Town Council will be the ultimate decision makers. He
said that the design of the other roundabout was $80,000, so they are projecting $120,000
for the study and possibly the design.
Councilmember Scharnow asked if the decision would be based on safety or changing the
downtown vision. Mr. Weldy said that both of those would be considered, as well as others.
Mr. Miller said that staff will provide the plans/concepts from before to the new consultants.
Town Council Special Meeting of March 23, 2021 8 of 10
Councilmember Scharnow suggested that they provide those to the whole Council as well
so everyone is up to speed on the old plans.
T5005 - Palisades Blvd, Eagle Ridge Dr/Palomino Blvd. Traffic Signal Design -
$95,000 CIP
Mr. Miller said that this is for the design if they meet the warrant criteria.
FY21/22 Capital Projects - Funding Needed - $5,863,000
FY2022-23 Future Capital Projects - Funding Needed $5,589,000
Mr. Miller said that staff did the best they could based on practices to project costs. The
outlying years numbers may fluctuate up or down.
Mayor Dickey asked if they decided to have on-street parking, if that would affect the grant.
Mr. Weldy said that it should not, but it would definitely be brought back to the Mayor and
Council. She also asked how they would address the cost of a traffic signal if it is done
before Phase 3 of Adero Canyon. Mr. Miller said that they could do a repayment
agreement, but they were not on the hook for a traffic signal--just their pro rata share.
Councilmember Friedel said that the traffic counts are down because of COVID, and the
cost for a signal at that location is astronomical. Councilmember McMahon said that she
thought it was for future planning as well. Councilmember Friedel asked if the Town gets
any money from Adero. Mr. Miller explained that before MCO sold the property to Toll
Brothers they gave funds for a signalized intersection. At the time he thought it was around
$50,000. At some point they just need to put it in. He said that this will be a Town Council
decision, once they get the warrant done.
Mr. Weldy said that on Eagle Ridge Drive, Phase I has not been open for very long. He has
received a number of concerns about the intersection of Eagle Ridge Drive and Prospect
Trail. It did meet the warrants and there is now an all-way stop. It is likely that further north
of that they will need another stop.
FY2023-24 Future Capital Projects - Funding Needed - $1,825,000
FY2024-25 Future Capital Projects - Funding Needed - $1,015,000
FY2025-26 Future Capital Projects - Funding Needed - $450,000
FY2026-27 Future Capital Projects - Funding Needed - $4,200,000
Mr. Miller said that this is based on the Black & Veatch Report where the Fountain Lake
pump replacement will be needed at $1.5 million. As they move out beyond FY22/23 they
are doing their best to project and at least bring forward projects that they think are going to
be critical, subject to change based on feedback from the Council and residents.
Mr. Miller said that in the past they have done this as a workshop, but as a special meeting
they were able to kill projects entirely. He was hearing the consensus of the Council to
approve as recommended with two modifications: 1) adding rehab of turf at Desert Vista
Park at $125,000 and 2) parking lot adjacent to trail at Sunridge Park to be done at the
same time that the trail is developed.
Town Council Special Meeting of March 23, 2021 9 of 10
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan
Magazine to accept capital projects in the proposed Five-Year Capital Improvement Program
as recommended by staff with the following modifications: (1) adding $125,000 for
rehabilitation of turf at Desert Vista Park; and having the parking lot at Sunridge Park
developed at the same time that the trail is developed.
Vote: 6 - 0 Passed - Unanimously
4.ADJOURNMENT
MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Alan
Magazine to adjourn.
Vote: 6 - 0 Passed - Unanimously
The Special Meeting of the Fountain Hills Town Council held March 23, 2021, adjourned at
7:56 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 23rd day
of March, 2021. I further certify that the meeting was duly called and that a quorum was present.
DATED this 17th day of August, 2021.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of March 23, 2021 10 of 10
TOWN OF FOUNTAIN HILLS
MINUTES OF THE BUDGET WORKSHOP
OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 13, 2021
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called to order the Budget Workshop of April 13, 2021, at 5:30 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike
Scharnow; Councilmember Gerry Friedel; Councilmember Peggy McMahon;
Councilmember Alan Magazine; Councilmember Sharron Grzybowski
(telephonically)
Staff
Present:
Town Manager Grady E. Miller; Acting Town Clerk Angela Espiritu
3.Presentation of the Fiscal Year 2021-2022 Proposed Budget.
Finance Director David Pock began a PowerPoint presentation on the FY2022 Budget
(Exhibit A attached hereto and made a part hereof) which addressed the following:
FY21 YEAR-END ESTIMATES
GENERAL FUND REVENUES
GENERAL FUND EXPENDITURES
RESTRICTED FUNDS (Externally restricted by statute or entity)
COMMITTED FUNDS (Imposed by Council Action)
ASSIGNED FUNDS (Imposed by Town Policy)
SUMMARY ALL FUNDS
CARES ACT FUNDING
CARES ACT FUNDING
GENERAL FUND
RECOMMENDED USES
YEAR-END TRANSFERS
FY22 PROJECTIONS
OVERALL BUDGET CONSIDERATIONS
REVENUE ASSUMPTIONS
GENERAL FUND REVENUES
EXPENDITURE CONSIDERATIONS
NON-PERSONNEL SUPPLEMENTS
PERSONNEL SUPPLEMENTS
GENERAL FUND EXPENDITURES
FY22 GENERAL FUND SUMMARY
TOWN COUNCIL
ADMINISTRATION
GENERAL GOVERNMENT
MUNICIPAL COURT
PUBLIC WORKS
DEVELOPMENT SERVICES
COMMUNITY SERVICES
FIRE & EMERGENCY MEDICAL SE3RVICES
LAW ENFORCEMENT
FY22 CAPITAL PROJECTS
(Listed in Exhibit A)
AMERICAN RESCUE PLAN
RECOMMENDED USES
POTENTIAL USES
4.ADJOURNMENT
MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to
adjourn the Budget Workshop of April 13, 2021.
Vote: 7 - 0 Passed - Unanimously
The Budget Workshop of April 13, 2021, adjourned at 7:25 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
Town Council Budget Workshop of April 13, 2021 2 of 2
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL WORK SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
MAY 11, 2021
1.CALL TO ORDER – Mayor Ginny Dickey
Mayor Dickey called the Special Work Session of May 11, 2021, to order at 5:30 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow;
Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Alan
Magazine; Councilmember Sharron Grzybowski
Staff
Present:
Town Manager Grady E. Miller; Acting Town Clerk Angela Espiritu
3.REVIEW and DISCUSS the findings and recommendations from Black and Veatch's evaluation of
the Fountain, Lake Liner, and other related systems at Fountain Park.
Town Manager Grady Miller said that this is part two of the presentations on the Fountain Lake
study. He then turned it over to Rachael Goodwin, Community Services Director. She said that
this was the "book end" of the study. The consultants are here tonight to present on moving
forward. This is a very broad scope of what options they will have. Also, it is conceptual. When
they get to actually moving forward, there would be some fine-tuning needed. She then invited
up Mike Caruso, who began a PowerPoint presentation which addressed:
CONDITION ASSESSMENT SCORING RECAP
For each asset they looked at the Consequence of Failure and Likelihood of Failure and put them
into a chart which was shown.
PROJECT RECAP
Vast majority of equipment is in good working order
Immediate recommendations
Replace check valves (have been ordered)
Repair pump house intake screen (in progress)
Install arc flash labels on electrical equipment (to happen this week)
Upgrade to PLC control (too new to determine)
LINER REPLACEMENT DECISION METHODOLOGY
Fountain liner in good condition
Continued Periodic Evaluation
What If? Known (potential) damage event or future evaluation results show concern
LINE REPLACEMENT DECISION METHODOLOGY: Short Term
Councilmember McMahon asked if they have a standard evaporation rate that is expected. Mr.
Caruso said that they did. Councilman Magazine asked what a known event would be. Mr. Caruso
said that if it is something they know about, it would be a known event.
LAKE WATER MANAGEMENT: KNOWN EVENT Sectional Dewatering
LINER REPLACEMENT DECISION METHODOLOGY: Deterioration
John Corbin with Black & Veatch then continued the presentation:
FUTURE LINER REPLACEMENT LOGISTICS
Main issues for consideration:
1) Disposal of Fountain Lake Water
2) Removal of Aquatic Life
3) Disposal of Fountain Lake Sludge
4) Surrounding Vegetation Maintenance
ISSUE 1: DISPOSAL OF FOUNTAIN LAKE WATER
1.1 - Disposal of Fountain Lake Water
Multi-Stage Liner Replacement
1.2 - Disposal of Fountain Lake Water
Aquifer Recharge
1.3 - Disposal of Fountain Lake Water
Direct Reuse
ISSUE 2: MANAGEMENT OF AQUATIC LIFE
Regulatory concerns
Three management options
Administrative Code
Arizona Game & Fish Department Area Manager
Combination of all options may be necessary
ISSUE 3: DISPOSAL OF FOUNTAIN LAKE SLUDGE
ISSUE 4: VEGETATION MAINTENANCE
4.1 - Vegetation Maintenance
Existing Lake Source
4.2 - Vegetation Maintenance
Dedicated Irrigation Reservoir/Pump Station
ESTIMATES OF PROBABLE COST
Lake Dewatering Options ONLY
ESTIMATES OF PROBABLE COST
Liner Replacement
Estimated 2020 Cost - $2,660,000 - $2,940,000
Projected 2030 Cost - $3,990,000 - $4,410,000
Assumptions: Replacement Bid in 2000 - $1.3 Million and 4% escalation rate
ESTIMATES OF PROBABLE COST
Total Relining Project Costs
ESTIMATES OF PROBABLE COST
Dedicated Irrigation Reservoir / Pump Station
Discussion was held on this option. Mr. Miller said that when he met with Dana with the Fountain
Hills Sanitary District they were not keen on the idea of locating this at their property, and he was
Town Council Special Work Session of May 11, 2021 2 of 3
not keen on using park property. He said that they agreed that the ideal location for this would be
at the Kiwanis Park. The costs for this option are scary, and they would need to do further
research with this option.
CONCLUSIONS
Use Decision Tree for liner replacement timing
Localized repair if liner damaged by known event
Plan for multi-faceted lake water reuse strategy
Additional coordination will be required
Mr. Miller asked to review the slide ESTIMATES OF PROBABLE COST - Total Relining Project Costs.
He said that whether or not the liner can last another nine years, it would make sense to sock
away money for when replacement is needed.
Councilmember Scharnow said that he would like to have more work on the concept of a
reservoir. Mr. Miller said that he would suggest they start working toward the solutions on a "pay
as you go" basis.
Councilmember Friedel said that they also need to keep the Sanitary District involved in the
project. Mr. Miller totally agreed.
Councilmember McMahon asked if they needed to put together a committee on this issue. Mr.
Miller said that at this point, he believed they had a good group of professionals addressing the
project, but one thing that they will need to have further discussion on is the fish.
Vice Mayor Spelich asked if he had heard correctly that the structure itself needed work. Mr.
Corbin said that as they looked into it further, they determined that it was more to do with things
that had been left over from construction. The structure itself did not look to need restructuring.
He said that if there was an opportunity to look further at the structure under the water line, it is
something that would be recommended.Vice Mayor Spelich said that he felt it was imperative
that at some point they look into the structure of the fountain itself. Mr. Miller said that he
agreed as it was already 50 years old.
Mr. Miller said that they have a done a great job, and what is so helpful is that they have been
involved in a similar project in the past.
4.ADJOURNMENT
The Special Work Session of the Fountain Hills Town Council held May 11, 2021, adjourned at
6:40 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
_____________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Work Session of May 11, 2021 3 of 3
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
JUNE 15, 2021
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called to order the meeting of the Fountain Hills Town Council held June 15,
2021, at 5:30 p.m. She then led the Council and audience in the Pledge of Allegiance.
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 Gerry
Friedel; Councilmember Alan Magazine; Councilmember Sharron
Grzybowski
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town
Clerk Elizabeth A. Klein
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Councilmember McMahon reported that she attended a session put on by MAG on
Homelessness and learned how many available services there were. She said that it was
emphasized that they need to work together, regionally, and optimize solutions. Now is the
time to be asking for money from the CARES funding, and they need to be educating each
other, and the community, on the need to implement this plan.
Councilmember Friedel said that he attended the Flag Day Ceremony held yesterday. He
also reported that he had called Mr. Weldy regarding a few road hazards, and he was
happy to see that his department got right on them.
Councilmember Scharnow said that he, too, has called a few times to Mr. Weldy, and they
are always prompt. He said that he also attended a Traffic and Pedestrian Safety
Committee meeting, reviewing traffic issues in Town. He said that a couple of them will be
coming before Council. The meeting was fruitful and informative.
He reported that back in 2019 he, along with Councilmember Sherry Leckrone, and others
started planning for Fountain Hills Cares, but everything got hijacked with COVID-19. The
idea was to have a forum with four to six different speakers that would address social
issues such as drugs, suicide, homelessness, race relations, etc. They have now restarted
the planning and have selected the date of Saturday, October 30, 2021, at the Community
Center.
Councilmember Grzybowski said that because of her trip to Virginia, she has not attended
much, but she did do the call-in for legislative/budget talks. She said that many of their
legislators understand that the budget presented may be problematic at the municipal level.
Mayor Dickey reported that she and Rachael Goodwin presented to the Rotary Club to
discuss community services, tourism and economic development activities. Tomorrow she
will be on a panel for GPEC Mayors to address economic development and how COVID-19
affected different cities.
Mayor Dickey reported that beginning July 2021, Alan Magazine would become Vice Mayor
and serve eight months, according to the adopted policy. She thanked Vice Mayor Spelich
for his service as Vice Mayor.
A.RECOGNITION OF Stellar Students of the Month for April and May 2021
Mayor Dickey said that this was the continuation from the last meeting for recognizing the
Stellar Students of the Month for April and May 2021. She then read the following names
and invited those present to come forward and receive a Certificate. A group photo was
then taken.
April Stellar Students of the Month:
Carson Adams McDowell Mountain Elementary School
Lillian Centofante McDowell Mountain Elementary School
Christian Coffman Fountain Hills Middle School
Aaliyah Delgado Fountain Hills Middle School
Zach Gratton Fountain Hills High School
Elizabeth Franzone Fountain Hills High School
May Stellar Students of the Month:
Adison Shroyer McDowell Mountain Elementary School
Jonah Maroon McDowell Mountain Elementary School
Elan Hagerty Fountain Hills Middle School
Josiah Beasley Fountain Hills Middle School
Alexandria Penick Fountain Hills High School
Karsten Andrew Fountain Hills High School
B.Town Manager Report on the Recently Adopted Sign Ordinance.
Mr. Miller said that on May 18, 2021, the Town Council adopted the Sign Ordinance, and
since then they have heard from a number of residents. At the June 1, 2021, Council
Meeting residents urged the Council to rescind the ordinance or do something to help the
businesses that would be impacted by the changes.
After that staff had already had meetings set up internally to look at the biggest contention,
which was the small business owners whose temporary signs would not be allowed. He
then asked the Development Services Director, John Wesley, to go through a presentation
that shows what businesses would actually be impacted and how many will still have
property available on which to place a temporary sign.
Mr. Miller said that they also had a second meeting with SAAR (Scottsdale Area
Association of Realtors) which encompasses Fountain Hills. He said that later in the
Town Council Regular Meeting of June 15, 2021 2 of 14
Association of Realtors) which encompasses Fountain Hills. He said that later in the
meeting they will be discussing the potential delay in implementation of the temporary sign
portion of the ordinance.
Mr. Wesley then reviewed the various commercial properties around town.
Mr. Miller added that Chamber Director Betsy LaVoie was also at the SAAR meeting and
offered to help the Town do outreach. He said that as was demonstrated, a lot of the
businesses can continue to do what they have been doing. In other cases, they will work on
ideas that came out of those meetings and possibly carve out some exceptions. He said
that he believed they will get to the middle ground with input from businesses, realtors, and
Town Council, to comply with Reed v. Gilbert. They will be working over the summer on this
issue.
Mayor Dickey thanked staff for all of their work and Ms. LaVoie and others that met with
them.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION from EPCOR regarding the recent Water Shortage Declaration
Mr. Miller said that this request for a presentation came from Councilmember McMahon
who was concerned with the high-profile news recently about water shortages. He then
introduced Chad Guzman, Government Relations Director with EPCOR. Mr. Guzman then
introduced Frank Metzler, Director of Operations, and Doug Dunham, Manager of Water
Resources. Mr. Guzman noted that Mr. Dunham participated with the Governor's Office on
drought contingency planning and has several decades in water resources. He added that
Mr. Dunham was also a resident of Fountain Hills.
Mr. Metzler began a PowerPoint presentation (attached as Exhibit A), noting that they have
been working on this issue since they got out of college. Things are not as grim as they
seem with the media.
CHAPARRAL WATER SYSTEM
He said that the majority of water comes off of the Central Arizona Project, the Shea
Surface Water Treatment Plant, Well 10 by the Fire Station on Palisades and near the
Saguaro Golf Course.
CHAPARRAL WATER SYSTEM PRODUCTION CAPACITY
CHAPARRAL WATER SYSTEM DEMANDS
Councilmember Magazine asked what they were doing to educate the media that things are
not as grim as they appear. Mr. Metzler said that they can be complicated, technical issues.
Some people who are talking about this issue have not armed themselves with all the facts.
He said that he is not making light of the drought in the Colorado River Basin, but they
anticipated this a long time ago.
Councilmember Magazine said that what they presented tonight was not technical; they
should let the press share that information with the public. Mr. Metzler said that he would be
happy to work with the local media.
Town Council Regular Meeting of June 15, 2021 3 of 14
Councilmember Magazine asked where the Town stood if there was to be a wildfire. Mr.
Metzler said that they stand ready to provide assistance to internal and external fire
stations. He said that the fire hydrants and pressure they maintain is coordinated with
developers and the Fire Department to provide minimum fire flow volumes. With wildfires, it
gets more complicated. They can make up to 20 million gallons (mg) a day to help
suppress fires.
Councilmember Scharnow said that with wildfires it is not like they are tapping into
hydrants. They are using helicopters dipping into lakes, dropping fire retardants, etc. He
asked what it would take to get Wells 8 and 9 up and running. Mr. Metzler said that Mr.
Dunham, through his coordination with ADWR, is constantly updating modeling levels in
the river, Lake Mead, etc. He said that if the drought continues all of those things work
together, state government and companies, and 12 months is not a huge amount of time.
Councilmember Scharnow asked if they were sure that Wells 8 and 9 were still viable. Mr.
Metzler said that Wells 8 and 9 were drilled at the same time as 10 and 11, but they do not
have the needed equipment. It would be millions of dollars that would go into the rate base.
Councilmember Scharnow said that he was reading about a new consortium of golf
courses pushing back with the state. Most of the courses in Town use a combination of
effluent and potable, and he asked how they would be affected. Mr. Metzler said that is a
politically sensitive question, but the golf courses in Fountain Hills do not rely on their
potable water.
Councilmember Friedel said that he was on a call three weeks ago and it was stated that
Maricopa County is more prepared than any western city, with a 10-year supply of water.
He thinks they are well prepared.
Councilmember McMahon asked about the time frame, noting that with climate change and
a high level of heat, she wondered how often they visit the numbers. Mr. Dunham, Fountain
Hills resident for 26 years, said that he used to be the legislative liaison for the Arizona
Department of Water Resources, and they visit them all the time. He then continued the
PowerPoint.
INTRODUCING EPCOR
Largest private utility in the southwest region of the United States
SOURCES OF WATER IN ARIZONA
This is not something new; they continue to plan to ensure it is manageable. The growing
source of water is reclaimed.
ARIZONA'S WATER MANAGEMENT SUCCESS
Mr. Dunham said that residents currently use one percent less than the amount of water
used in 1957, due to conservation efforts. Arizona has chosen to do conservation behind
the scenes, and allow the water companies to determine how to conserve rather than
having the State dictate the method.
GROUNDWATER MANAGEMENT ACT (1980)
WATER MANAGEMENT IN AMA'S
Town Council Regular Meeting of June 15, 2021 4 of 14
UNDERGROUND STORAGE AND RECOVERY
AWBA
CAP PRIORITIES
CONSERVATION PROGRAM
LOWER BAIN DROUGHT CONTINGENCY PLAN
PROBABILITIES OF SHORTAGE BASED ON BUREAU OF RECLAMATION CROSS
MODEL RUN 4/21 USING FULL HYDROLOGY AND STRESS TEST HYDROLOGY
EPCOR SPECIFIC DROUGHT PLANNING
CHAPARRAL CITY WATER COMPANY BY THE NUMBERS
Councilmember Scharnow asked if the 1957 comparison slide was due to development
taking over the agriculture land. Mr. Dunham said that is a large component. Acres of
houses use less than half the water of agriculture. He said that the City of Phoenix is using
the same volume of water that they have used for the last 20 years, as well as Tucson.
Councilmember Friedel asked, with California drawing from Lake Mead, what impact
desalinization has. Mr. Dunham said that the technologies for desalinization have greatly
improved. Energy is going down and filtering is much better. It is not much more expensive
than water treatment. He said that California is pursing additional desalinization along their
coast, with a large plant in San Diego. He said that Arizona and Sonora, Mexico are
working on a plant near the Sea of Cortez. It would be a joint project of the federal
government and two states. He suspected that it would be a project in the Regional
Program in the next 20-30 years.
Councilmember Magazine asked if it would be correct to call their presentation a "good
news story." He said that they have a real obligation to sit down with the media and share
the facts, but a lot of the press does not like good news stories. He said that he finds this
information stunning, and he is pleasantly surprised.
Mr. Guzman said that their Public Affairs and Media Relations are doing the work to arm the
media and stakeholders with facts. They are one voice of a chorus, but they are committed
to doing their part.
Mayor Dickey said that there are parts of the state that have more issues. She asked if they
were still looking at desalinization in Yuma. Mr. Dunham said that the primary job in Yuma
was to lower the saline content of the lower Colorado River as required in the 1944 Treaty.
He said that it only runs a few times in recent years, and it is not manufactured anymore.
He said that California is looking for possible desalinization sites. The saline management
program has been pretty successful. If the drought continues, it might be worth it to buy that
supply to offset some of the demands.
Mayor Dickey asked if Gila County still had restrictions on home building. Mr. Dunham said
that he did not know specific systems. Mayor Dickey said that some of those areas have
had developers looking at different ways of using water.
She said that it sounds like they are well taken care of, and they were happy to have them
come and give the information.
6.CALL TO THE PUBLIC
Town Council Regular Meeting of June 15, 2021 5 of 14
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.
Ed Stizza, Fountain Hills, said that it was nice to see people working on details of the Sign
Ordinance. He did not think that the Town Council had all the information needed when they
made their decision on the Saguaro Crosswalk. It seemed that if they could table that item it
would be a great idea as someone is going to get hurt. It would be nice if they had
conversations with the neighbors, just like with the signage. He said that the dark skies are
going to be blown with the lights on all through the night. He wished everyone a great
summer.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the
item was scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the agenda.
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to approve Consent Agenda items 7-A through 7-G.
Vote: 7 - 0 Passed - Unanimously
A.CONSIDERATION OF approving the minutes of the Special Meeting of May 11, 2021; the
Special Meeting of May 18, 2021; and the Regular Meeting of June 1, 2021.
B.CONSIDERATION OF Resolution 2021-16 approving the designation of Chief Fiscal Officer
of the Town of Fountain Hills.
C.CONSIDERATION OF authorizing staff to apply for and accept grant funding from the
Arizona Office of Tourism to support marketing and promotion initiatives in Fountain Hills.
D.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain
Hills Chamber of Commerce for a beer garden in conjunction with the Oktoberfest event to
be held on September 24, 25, 2021.
E.CONSIDERATION OF approving budget transfers for the Capital Fund and Tourism Fund.
F.CONSIDERATION OF Resolution 2021-20 approving an amended Intergovernmental
Agreement with Maricopa County Library District
G.CONSIDERATION OF a Public Services Agreement with the Lunsford Group, LLC, for
Town Council Regular Meeting of June 15, 2021 6 of 14
G.CONSIDERATION OF a Public Services Agreement with the Lunsford Group, LLC, for
government relations and lobbying services.
8.REGULAR AGENDA
A.CONSIDERATION OF delaying implementation of the recently adopted sign ordinance
relating to temporary signs.
Mr. Miller said that staff believed that delaying implementation of the temporary signs
portion of the Sign Ordinance is a positive action. They will work with the business and real
estate communities and try to find some balance. The rest of the ordinance will be fully
implemented after its effective date of July 16, 2021. They will work through the Planning
and Zoning Commission, hold public hearings, and then bring something back for Town
Council consideration.
Councilmember McMahon asked what the time frame was they were anticipating. Mr.
Wesley said that they hope to have something for the Commission's consideration by
September and then bring it to the Town Council in October.
Councilmember Magazine said that he wanted to thank the Town Council members and
staff who participated in the meetings with the Chamber and real estate community. As one
of the majority that voted in support of the overall ordinance, it sounds like there are
reasonable compromises and, hopefully, they will satisfy all parties.
Councilmember Scharnow said that he was somewhat confused with the last bullet of the
staff summary. Mr. Miller said that was the original plan to bring it back to Council first, but
in talking with the Mayor and considering the logistics, that would add additional time and it
seemed like the Town Council wanted to move forward quickly, so it will go to the
Commission first.
Councilmember Scharnow said that he has been disappointed with the overreaction; the
impact to businesses has been a lot less than anticipated by the public. He said that he was
not in on the realtor/Chamber meetings, and he is curious to see what comes back in the
form of potential compromises. He said that the Council held four meetings on the subject
before the final vote; nothing was done behind closed doors, and he resents any implication
that it is what happened. He said that the Town Council is not power hungry or exerting
their authority over anyone. He is willing to look at a compromise, but he is not inclined to go
back to the way things were.
Vice Mayor Spelich said that he applauds the backlash; it was deserved. It was a
poorly-conceived plan, and in two days Councilmember Friedel walked businesses and hit
over 25 of them. He thanked the business community for stepping up, and for
Councilmember Friedel's initiative to go out.
Councilmember Grzybowski said that she agreed with both of them. While she liked the
backlash, she did not like the name-calling and accusations. She has talked with a few
business-owner friends. It is public on the Town's website. She has a lot going on and
cannot call every business. She apologized to those that did not look at the agenda, but
they need to take some responsibility. They held four meetings on the issue; it was not
behind the scenes and was all posted online. She said that as a business owner, it is hard
to stay on top of her own things, but that is why it is published, to get the word out.
Town Council Regular Meeting of June 15, 2021 7 of 14
Councilmember Friedel said that he thought they all found out something. It will affect some
businesses; they did not know. He was glad that the people got involved.
Mayor Dickey said that they did not do anything behind closed doors. It has been in the
works for four years. They knew the current code was not in line with the Supreme Court
decision. They had several meetings and after Planning and Zoning everyone knew. The
first meeting was the best chance to speak. She said that she would not agree that she
learned about businesses that would be impacted. She knew that some would be, but from
Day One she talked about permitting and allowing for exceptions to address them. She
believed they were very well prepared; now, they will try to help. She said that while they
are reviewing this, there are still safety measures in place. Signs will not be allowed on
sidewalks and in the medians. Also, political signs are governed by state law.
She said that a-frame signs, temporary signs, have had to be renewed every two years by
the Town Council; it was never something that was by right. In December of 2020, knowing
that the sign ordinance was being worked on the Council did not take action, but rather it
was determined that they would not be enforced until a new ordinance was considered.
She said that there has been a lot of give and take on all sides, and to suggest that is not
the case is not right.
Councilmember Magazine said that he was annoyed by the continuing comment that the
Chamber did a survey. He asked what they would expect the businesses to say. He said
that they did the best they could, and people had a chance to voice their disapproval.
Councilmember Scharnow said that it is only natural that any industry resist change in
regulations. A lot of the auto makers resisted airbags. He has full faith and confidence in the
business community that they will find ways to improve themselves. He said that in the
winter they have a lot of seasonal residents going 20 miles per hour. To have them trying to
read every sign along the road is not safe.
Councilmember McMahon said that she agreed with the others. The Council acted
responsibly, considering that the signs have been illegal the entire year of 2021.
Betsy LaVoie, Chamber of Commerce, thanked the Council for putting this item on the
agenda. She thanked them for delaying implementation and for meeting with the Chamber
and Scottsdale Area Association of Realtors. She said that the reason that the people felt
unrepresented is that from what came as a recommendation from the Planning and Zoning
Commission to what was decided by the Town Council, it looked very different.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron
Grzybowski to direct staff to administratively delay implementation of the temporary sign
regulations until after an amended sign ordinance is adopted by the Town Council.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of June 15, 2021 8 of 14
B.CONSIDERATION OF Resolution 2021-18 adopting the Fountain Hills Active
Transportation Plan.
Mr. Miller said that the Town received a grant this year that paid for the Active
Transportation Plan. Aaron Allen with J2 said that they have been working on this for a
year, and he then reviewed a PowerPoint presentation which addressed:
MEETINGS
PROPOSED SIDEWALK LONG-RANGE PLAN
PROPOSED BICYCLE ROUTES LONG RANGE PLAN
OPPORTUNITIES IN THE TOWN MINOR ARTERIALS
COST TEMPLATES
SPECIFIC PRIORITY AREA COST MODELS
SUGGESTED EVALUATION OF NEW BICYCLING LANE MARKINGS AT SELECT
TOWN INTERSECTIONS
SUGGESTED EVALUATION OF PEDESTRIAN SIGNALS AND SIGNAGE AT SELECT
TOWN INTERSECTIONS
SUGGESTED HANDOUTS AT TOWN EVENTS AND TOWN HALL RELATIVE TO
SAFETY AND MULTI-USE
Mayor Dickey thanked him and Mr. Wesley for their work. She said that they will be using
this as they move forward and Prop 400 funding may come into play.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron
Grzybowski to adopt Resolution 2021-18.
Vote: 7 - 0 Passed - Unanimously
C.CONSIDERATION OF a Special Use Permit to allow residential use of the second floor of
an existing building in C-C, Common Commercial, zoned property at 16810 E. El Pueblo.
Mr. Wesley said that this was a request from a citizen for a Special Use Permit at the
commercial corner east of Fountain Hills Blvd. on El Pueblo. He said that this is for a
two-story building where the new owner is proposing to have an office on the first floor and
his residence on the second level. It has been through the Planning and Zoning
Commission and they recommended approval with no external modifications being made.
Councilmember McMahon asked how long this was for. Mr. Wesley said that the only
condition is that they must pull a building permit within six months; once it is approved, it
is good.
Mr. Miller said that it was unique in that this building was built prior to incorporation and it
was built for this type of use.
MOVED BY Councilmember Gerry Friedel, SECONDED BY Vice Mayor David Spelich to
approve the Special Use Permit to allow the second floor at 16810 E. Pueblo to be used as
a dwelling unit.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of June 15, 2021 9 of 14
D.CONSIDERATION OF approving Amendment No. 2 to Cooperative Purchasing Agreement
C2017-034 with Bel-Aire Mechanical.
Public Works Director Justin Weldy said that this was for hardware and maintenance of
the HVAC system at Town Hall, the Community Center and Library, for the chiller and all
components. It allows them to maintain that equipment until they secure a more long-term
solution. Mr. Miller said that the control systems that allow them to monitor and control
heating and air conditioning can be done remotely, but right now it is no longer being
supported after the end of this month.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy
McMahon to approve Amendment No. 2 to Cooperative Purchasing Agreement C2017-034
with Bel-Aire Mechanical in the amount of $70,000.00 and approve any necessary budget
transfers.
Vote: 7 - 0 Passed - Unanimously
E.CONSIDERATION OF Amendment No. 1 to Cooperative Purchasing Agreement 2018-017
with Urban Energy Solutions, LLC
Mr. Weldy said that this item was part of the last item, just a separate contract.
MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Peggy
McMahon to approve Amendment No. 1 to Cooperative Purchasing Agreement 2018-017
with Urban Energy Solutions, LLC in the amount of $50,000.00.
Vote: 7 - 0 Passed - Unanimously
F.CONSIDERATION OF Resolution 2021-22 approving amendment to the intergovernmental
agreement with Maricopa County Animal Control.
Mr. Miller said that recently they brought before Town Council an Intergovernmental
Agreement with the Maricopa County Animal Control, and at that same time they were
trying to get additional enforcement activities arranged.
Community Services Director Rachael Goodwin said that the services are being
expanded, adding the value of ten sweeps being held at the Town's request. An eight-hour
shift will be dedicated to enforcing leash law and clean up laws. Following the seasonal
residents they will plan for them in the spring and fall. Each day is $800, and with the next
contract renewal they can adjust as needed.
Councilmember Scharnow asked if they would have the authority to cite people. Mr. Miller
replied that they would, under the Town's ordinances.
Councilmember McMahon asked if this was for one year. Ms. Goodwin said that there is
language that would allow them to renew the agreement, but if it needed to be amended it
would come back to the Council.
Vice Mayor Spelich asked if staff knew how many citations were issued last year. Mr.
Town Council Regular Meeting of June 15, 2021 10 of 14
Vice Mayor Spelich asked if staff knew how many citations were issued last year. Mr.
Miller said that Code Enforcement does not do citations for animal control; that is not
typically something they would see. Vice Mayor Spelich suggested that they be at the
forefront and grant them the authority to do so. Mr. Miller said that is not a typical norm, but
he could look at it.
Mayor Dickey said that she has heard from a lot of residents. They recently had to replace
equipment because of animal pet waste. She thinks there will be some happy residents.
Councilmember Scharnow said that years ago the Town used to do their own dog
licensing, which is probably the cheapest way to go. Maybe for the next retreat, they could
examine bringing it all back and seeing if it is viable to take it over. Mr. Miller said that the
licensing fees they are collecting through Maricopa County go toward helping with the
sheltering. He said that the County is going to be starting a new model. He said that when
they first made the decision to bring it in house it had not been thought out. What they
were collecting were offsetting the additional costs. It is important to look at this further,
and he will try to have some additional information available for the Retreat.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Alan
Magazine to adopt Resolution 2021-22.
Vote: 7 - 0 Passed - Unanimously
G.CONSIDERATION OF approving Cooperative Purchasing Agreement 2021-058 with Level
3 Audio Visual, LLC.
Ms. Goodwin said that hopefully this would be their last contract to secure for the
renovations at the Community Center. This will help them move into compatible use and
upgrade the equipment and have some bluetooth options. She said that the contract is
with the same company that did the audio in the Chambers. It was vetted through the IT
Department and they support this.
Councilmember Friedel asked what the lifespan was of the equipment. Ms. Goodwin said
that they are choosing something to have some longevity; hopefully they will get ten years
out of it.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron
Grzybowski to approve the Cooperative Purchase Agreement 2021-058 with Level 3 Audio
Visual, LLC. in an amount not to exceed $119,936.47.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of June 15, 2021 11 of 14
H.CONSIDERATION OF accepting donated sculpture entitled, “Who Rescued Who," for
display in Fountain Park.
Ms. Goodwin said that this item was to discuss the donation of a public art piece. She
said that Jenny Willigrod, representing the Public Art Committee, was on the phone
should there be any questions. She said that the committee has reviewed and approved
the piece.
Ms. Goodwin said that the piece is called, "Who Rescued Who?" and is a 6.5 feet tall,
limited edition, being donated by residents from Scottsdale. She said that it does take a
number of months to create and authorization and approval would be required according
to current protocol. The budget for the design, fabrication, and installation is $30,000. The
cost to the Town would be approximately $130 a year for the insurance premium, as well
as annual maintenance.
She said that the plaque for the piece would be funded by the Public Art Fee. The
balance in the fund is between $90,000 and $100,000, and staff was previously directed
to keep a balance of $80,000 (two years of maintenance) in the fund so there is funding
available for the plaque, but there is not as much available as one might think.
The donor is contributing additional funding for the base and future maintenance. She
said that the proposed location is near the newer restroom facility in Fountain Park. She
said that the policy does say that the Town Council has to approve any new art. Ms.
Willigrod said that the donor was also going to pay for the plaque as well. Ms. Goodwin
said that the plaque is the standard format used on all pieces of art.
Vice Mayor Spelich asked if staff or the committee had a long-term plan on how many
pieces they were going to accept, especially around the fountain. He said that location is
saturated with art pieces. After reviewing this further, he believed that the perfect location
for this piece would be at the entrance to the dog park.
Ms. Goodwin said that they are having trouble identifying locations for art. Ms. Willigrod
looked at different sites. There is no master vision, but it may be a great project for the
committee to look at.
Ms. Willigrod said that the donor's desire was to have it located at Fountain Park and that
was a condition of the donation. It would be a stand-alone piece. She said that the
committee agrees with moving some of the art, and they are in the process of developing
a master plan, but they need more input from the Council and staff.
Councilmember Magazine said that he had the same reaction as the Vice Mayor, stating
that he asked himself, "How many are too many?" He was happy to hear the comments
of a master plan to come to the Council for discussion.
Councilmember Friedel said that there is no art at Four Peaks Park, and others as well.
Mr. Miller said that staff is hearing them loud and clear. The Council did adopt a Public
Art Policy recently; perhaps once they all agree on the future placement of art pieces, it
could be added as an appendix to that policy. He said that there is a component of the
Public Art Policy for commercial and multi-family developments to dedicate either public
art or contribute funding to the art fund. With the Havenly project they will be bringing
Town Council Regular Meeting of June 15, 2021 12 of 14
back a proposed project after the summer break.
Councllmember Scharnow said that he agreed with everything said. He had thought of the
dog park as well, although there is no comparison in the amount of foot traffic. He said
that his only other thought is that at one time in the history of the program there was an
active, aggressive attempt to get more of these, but he does not think anyone is
promoting that.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry
Friedel to accept the public art application for the sculpture "Who Rescued Who" and
authorize it to be installed in Fountain Park.
Vote: 7 - 0 Passed - Unanimously
I.DISCUSSION WITH POSSIBLE CONSIDERATION relating to any item included in the
League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action
proposed or pending before the State Legislature.
Mr. Miller reported that SB1146, auto dealers would not charge sales tax for vehicles
going out of state, seems to be dead, which is good news. He said that the budget is
stymied. It does appear that there may be some semblance of a flat tax, but elected
officials and cities/towns have helped the legislators consider that impact.
He said that several bills have been vetoed by the Governor, but there is always a
chance of them coming back somehow.
9.REQUEST FOR INFORMATION FROM TOWN MANAGER
The Council may (1) request the Town Manager to follow-up on matters presented at that meeting; and/or 2) a
consensus of the Council may request the Town Manager to research a matter and report back to the Council.
Mr. Miller reported that staff has met with Mr. Stizza a few times. They would be happy to
share his points and their counterpoints, but they do not believe there is an issue.
Councilmember Magazine said that the lighting would not affect the Dark Skies ordinance.
Mr. Miller said that it is not unusual to have lights with shields, and they are also dark sky
compliant.
Mayor Dickey reminded everyone of Fabulous Fourth at the Fountain, on July 4, 2021,
starting at 7:00 p.m.
She wished everyone a safe and encouraging summer. She thanked the Council and
staff for this past difficult year. She said that it would be good for them to all take some
time off and have a good summer.
Vice Mayor Spelich requested that when the Council returns, that they have the Finance
Director or Town Manager give an update on the audit with Maricopa County Sheriff's
Office.
Town Council Regular Meeting of June 15, 2021 13 of 14
10.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 June 15, 2021, adjourned at 7:48
p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 15th day
of June, 2021. I further certify that the meeting was duly called and that a quorum was present.
DATED this 17th day of August, 2021.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of June 15, 2021 14 of 14
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: James Smith, Economic Development Director
Staff Contact Information: James Smith, Economic Development Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Authorization of staff to apply for and accept grant funding in the anticipated
amount of $30,000 from the Salt River Pima-Maricopa Indian Community to support marketing and
promotion initiatives in Fountain Hills.
Staff Summary (Background)
The Town of Fountain Hills has applied for and received grant funding through the Salt River
Pima-Maricopa Indian Community (SRPMIC) over the past several years. These grant funds have
primarily been used to supplement Town General Fund allocations in order to enhance branding and
advertising campaigns to support tourism.
The Town received $30,000 in grant funds in Fiscal Year 2020-21 from the SRPMIC. The Town primarily
expended its grant allocation to organize and promote Music Fest in April 2021. Additional funds were
utilized to market the Town during Arizona Diamondbacks' Cactus League games at Salt River Fields.
The Town is requesting the same amount ($30,000) from the SRPMIC for Fiscal Year 2021-22. If the full
amount is received, it is anticipated that the grant funds will be utilized for the same marketing projects
listed above.
Related Ordinance, Policy or Guiding Principle
Town of Fountain Hills Adopted Grant Policy.
Risk Analysis
If staff is unable to apply for and/or does not receive this grant funding, the Tourism budget will have to
be re-allocated and several important marketing and tourism initiatives will not be undertaken in the
current fiscal year.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends Town Council approve this request allowing staff to apply for and receive grant
funding from the Salt River Pima-Maricopa Indian Community, so that key tourism and marketing efforts
can be undertaken.
SUGGESTED MOTION
MOVE to authorize submittal of a grant application to the Salt River Pima-Maricopa Indian Community,
accept grant funds, make the necessary budget transfers, and utilize the funds in a manner consistent
with the grant requirements.
Fiscal Impact
Fiscal Impact:$30,000
Budget Reference:
Funding Source:SRAD
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Form Review
Inbox Reviewed By Date
Finance Director David Pock 07/19/2021 04:57 PM
Town Attorney Aaron D. Arnson 07/19/2021 07:47 PM
Town Manager Grady E. Miller 07/27/2021 09:09 AM
Form Started By: James Smith Started On: 07/19/2021 03:49 PM
Final Approval Date: 07/27/2021
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of budget transfers for the Capital Projects Fund, General Fund, and
Downtown Development Fund.
Staff Summary (Background)
Throughout the fiscal year, it is sometimes necessary to transfer funds from one budget account to
another. In most cases, the funds to be transferred are within the same department and can be made
administratively without the need to request Town Council approval.
The following transfers are needed to complete equipment purchases and Capital Improvement Projects
carried over from FY21. According to Generally Accepted Accounting Principles (GAAP), items may only
be expensed in the fiscal year in which the products or services were received. These items were
budgeted in FY21; however, they were not received by 6/30/2021. GAAP requires them to be expensed
in the current fiscal year. These transfers do not represent additional funds being spent since the funds
were not used in FY21 and carried over as year-end fund balance.
$16,000 from General Government (GENAD) to Golden Eagle Park Operations (GEPOP)
$11,000 from Project D6057 Golden Eagle Impoundment (CIPST) to D6058 Panorama Dr. Storm
Drain (CIPST)
$34,000 from Project D6057 Golden Eagle Impoundment (CIPST) to S6003 Unpaved Alley Paving
(CIPST)
$139,000 from Project D6057 Golden Eagle Impoundment (CIPST) to S6064 Desert Vista
Crosswalk (CIPST)
$11,000 from Project D6057 Golden Eagle Impoundment (CIPST) to T5005 Palidsades/Eagle Ridge
Signal (CIPTS)
$1,500 from Project D6057 Golden Eagle Impoundment (CIPST)) to F4039 Shared Driveway
(CIPFAC)
The following transfers will move budget authority between departments in the General Fund:
$21,000 from General Government (GENAD) to Information Technology (ITOP) for a software
license from ClearGov to provide operational, personnel, and capital budgeting modules; budget
book compilation and publishing; and public transparency websites for overall budgets and
Capital Improvement Projects. Staff will provide an overview of this software later this year when
we present a multi-year contract for Council's consideration.
$41,500 from General Government (GENAD) to Community Services Administration (CSAD) for a
software license from CivicRec to replace the current Community Services' scheduling system for
facility rentals, classes and programs. The new system will integrate better with the Town's
website, which is managed by CivicPlus and also the parent company of CivicRec. This transfer will
cover the cost of the initial implementation and three years of licensing. On an annual basis, this
option will be cheaper than the current software and will be easier to plan budgets since it is
based on a flat fee per year. The current software is based on a fee-per-transaction model. The
move to CivicRec will also facilitate a consolidation in credit card processors as it can be combined
with the processor that will be used for CitizenServe, the new Development Services software
solution. The following transfer will move budget authority from the General Fund to the
Downtown Development fund:
$20,000 from General Government (GENAD) to Downtown Development Administration (DDAD)
for restoration of the second half of the Town-owned Christmas decor including the rewiring and
relamping with LED lights as well as the added installation of the newly refurbished items in
Centennial Circle during the holiday season.
Related Ordinance, Policy or Guiding Principle
Town Council approved financial policies and best practices.
Risk Analysis
If not approved, the budgets for projects in the Capital Projects Fund, General Fund and Downtown
Development Fund could be exceeded.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the budget transfers as requested.
SUGGESTED MOTION
MOVE to approve the attached budget transfers as requested.
Attachments
Budget Transfers
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 08/05/2021 04:08 PM
Town Attorney Aaron D. Arnson 08/05/2021 04:11 PM
Town Manager Grady E. Miller 08/09/2021 08:47 AM
Form Started By: David Pock Started On: 07/22/2021 03:02 PM
Final Approval Date: 08/09/2021
08/05/2021 16:02 |TOWN OF FOUNTAIN HILLS |P 1
DPock |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________
YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2022 02 6 08/17/2021 Q1FY22 BUA QTR TRANS 1 8
1 GEPOP 8020 GEP-OPERATIONS FURNITURE/EQUIPMENT .00 16,000.00 16,000.00
100-50-50-502-510-1515-8020- FM GENAD 08/17/2021
2 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 4,028,662.00 -16,000.00 4,012,662.00
100-10-15-110-100-0106-7010- TO GEPOP 08/17/2021
3 CIPSTO 8085 D6058 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 80,000.00 11,000.00 91,000.00
600-40-30-304-000-1960-8085-D6058 FM D6057 08/17/2021
4 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 1,050,000.00 -11,000.00 1,039,000.00
600-40-30-304-000-1960-8085-D6057 TO D6058 08/17/2021
5 CIPST 8060 S6003 STREETS CAP PROJECTS STREET IMPROVEMENTS .00 34,000.00 34,000.00
600-40-30-302-000-1610-8060-S6003 FM D6057 08/17/2021
6 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 1,050,000.00 -34,000.00 1,016,000.00
600-40-30-304-000-1960-8085-D6057 TO S6003 08/17/2021
7 CIPST 8070 S6064 STREETS CAP PROJECTS PARK IMPROVEMENTS 312,000.00 139,000.00 451,000.00
600-40-30-302-000-1610-8070-S6064 FM D6057 08/17/2021
8 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 1,050,000.00 -139,000.00 911,000.00
600-40-30-304-000-1960-8085-D6057 TO S6064 08/17/2021
9 ITOP 6251 IT-OPERATIONS SOFTWARE LICENSE/MAINT 138,900.00 21,000.00 159,900.00
100-10-10-102-100-1515-6251- FM GENAD 08/17/2021
10 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 4,028,662.00 -21,000.00 4,007,662.00
100-10-15-110-100-0106-7010- TO ITOP 08/17/2021
11 CSAD 6251 COMMUNITY SVS ADMIN SOFTWARE LICENSE/MAINT .00 41,500.00 41,500.00
100-50-50-500-100-0106-6251- FM GENAD 08/17/2021
12 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 4,028,662.00 -41,500.00 3,987,162.00
100-10-15-110-100-0106-7010- TO CSAD 08/17/2021
13 DDAD 6417 DOWNTOWN DEVELOP-ADMIN HOLIDAY LIGHTING 38,000.00 20,000.00 58,000.00
300-10-10-107-100-0106-6417- FM GENAD 08/17/2021
14 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 4,028,662.00 -20,000.00 4,008,662.00
100-10-15-110-100-0106-7010- TO DDAD 08/17/2021
15 CIPFAC 8080 F4039 FACILITIES CAP PROJECTS OTHER INFRASTRUCTURE 90,000.00 1,500.00 91,500.00
600-40-30-303-000-0702-8080-F4039 FM D6057 08/17/2021
08/05/2021 16:02 |TOWN OF FOUNTAIN HILLS |P 2
DPock |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET____________________________________________________________________________________________________________________________________
YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2022 02 6 08/17/2021 Q1FY22 BUA QTR TRANS 1 8
16 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 1,050,000.00 -1,500.00 1,048,500.00
600-40-30-304-000-1960-8085-D6057 TO F4039 08/17/2021
17 CIPTS 8080 T5005 TRAFFIC CAP PROJECTS OTHER INFRASTRUCTURE 95,000.00 11,000.00 106,000.00
600-40-30-302-000-2010-8080-T5005 FM D6057 08/17/2021
18 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 1,050,000.00 -11,000.00 1,039,000.00
600-40-30-304-000-1960-8085-D6057 TO T5005 08/17/2021
** JOURNAL TOTAL 0.00 Z
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Kukkola Sonia, Financial Services Technician
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING,
CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License Application for ZAB Thai
Kitchen, located at 16720 E. Avenue of the Fountains Fountain Hills, Arizona, for a Series 12 (Restaurant)
license.
Staff Summary (Background)
The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license
application submitted by Thadakrit Chimme owner of ZAB Thai Kitchen for submission to the Arizona
Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance
with Town ordinances.
Related Ordinance, Policy or Guiding Principle
A.R.S.§4-201; 4-202;4-203 &4-205 and R19-1-102 and R19-1-311.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the liquor license application.
SUGGESTED MOTION
MOVE to approve a #12 liquor license application for ZAB Thai Kitchen.
Attachments
Liquor License Application
Departmental Recommendation
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/03/2021 08:42 PM
Town Attorney Aaron D. Arnson 08/04/2021 09:34 AM
Town Manager Grady E. Miller 08/04/2021 11:09 AM
Form Started By: Kukkola Sonia Started On: 08/03/2021 04:49 PM
Final Approval Date: 08/04/2021
TOWN OF FOUNTAIN HILLS
ADMINISTRATION DEPARTMENT
INTER OFFICE MEMO
TO: (as applicable)
• Streets Division
• Fire Department
• Building Division
• Community Services
• Development Services
• Law Enforcement
• Licensing
DATE: 7/22/21
FR: Sonia Kukkola,
Financial Services Technician
RE: Liquor License Application
Attached is a Liquor License Application for staff review.
Review the application, then mark or sign, indicating staff’s recommendation for approval (with or
without stipulations) or denial.
If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo
that specifies the reasoning and the memo will be forwarded on to the Town Council for their
consideration of this application.
Name of Organization: ZAB THAI KITCHEN, 16720 E. Avenue of the Fountains, Fountain Hills AZ 85268
Applicant: Thadakrit Chimme
Date(s) of Event: N/A
Date Application Received: 06/28/21 Town Council Agenda Date: 08/17/21
STAFF REVIEW AND RECOMMENDATION:
Department/Division Staff Member Approved Denied N/A
P & Z John Wesley X
Community Services Linda Ayres X
Building Safety Peter Johnson X
Fire Department Dave Ott X
Law Enforcement Larry Kratzer X
Licensing Sonia Kukkola X
Street Department Jeff Pierce X
At tach report for denial or any recommendation requiring stipulations.
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Kukkola Sonia, Financial Services Technician
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION, AND
POSSIBLE ACTION: Approval of Liquor License Application for Parkview Tap House, located at 16828 E.
Parkview Ave Fountain Hills, Arizona, for an Extension of Premises/Patio Permit.
Staff Summary (Background)
The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license
application submitted by Milton Gabaldon owner of Parkview Tap House for submission to the Arizona
Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance
with Town ordinances.
Related Ordinance, Policy or Guiding Principle
A.R.S.§4-201; 4-202;4-203 &4-205 and R19-1-102 and R19-1-311.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the liquor license application.
SUGGESTED MOTION
MOVE to approve an Extension of Premises liquor license application for Parkview Taphouse.
Attachments
Liquor License Application
Departmental Recommendation
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/03/2021 08:43 PM
Town Attorney Aaron D. Arnson 08/04/2021 09:33 AM
Town Manager Grady E. Miller 08/04/2021 11:07 AM
Form Started By: Kukkola Sonia Started On: 08/03/2021 05:11 PM
Final Approval Date: 08/04/2021
TOWN OF FOUNTAIN HILLS
ADMINISTRATION DEPARTMENT
INTER OFFICE MEMO
TO: (as applicable)
• Streets Division
• Fire Department
• Building Division
• Community Services
• Development Services
• Law Enforcement
• Licensing
DATE: 7/22/21
FR: Sonia Kukkola,
Financial Services Technician
RE: Liquor License Application
Attached is a Liquor License Application for staff review.
Review the application, then mark or sign, indicating staff’s recommendation for approval (with or
without stipulations) or denial.
If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo
that specifies the reasoning and the memo will be forwarded on to the Town Council for their
consideration of this application.
Name of Organization: Parkview Tap House, 16828 E. Parkview Ave , Fountain Hills AZ 85268
Applicant: Milton Gabaldon
Date(s) of Event: N/A
Date Application Received: 06/28/21 Town Council Agenda Date: 08/17/21
STAFF REVIEW AND RECOMMENDATION:
Department/Division Staff Member Approved Denied N/A
P & Z John Wesley X
Community Services Linda Ayres X
Building Safety Peter Johnson X
Fire Department Dave Ott X
Law Enforcement Larry Kratzer X
Licensing Sonia Kukkola X
Street Department Jeff Pierce X
Attach report for denial or any recommendation requiring stipulations.
ITEM 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of Special Event Liquor License application for the Fearless Kitty Rescue
for a wine garden in conjunction with the Fearless Kitty Rescue Fundraiser event on October 22, 2021.
Staff Summary (Background)
This is a special event liquor license application submitted by Kim Kamins representing Fearless Kitty
Rescue for submission to the Arizona Department of Liquor. The special event liquor license is being
obtained for the purpose of holding a wine garden in conjunction with the Fearless Kitty Fundraiser
event. This fundraiser is located on private property (Fearless Kitty Rescue). The special event liquor
license application was reviewed by staff for compliance with Town ordinances and staff unanimously
recommends approval of this special event liquor license application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2021
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 08/04/2021 09:59 AM
Finance Director David Pock 08/05/2021 04:09 PM
Town Attorney Aaron D. Arnson 08/05/2021 04:11 PM
Town Manager Grady E. Miller 08/09/2021 08:48 AM
Form Started By: Linda Ayres Started On: 08/02/2021 09:35 AM
Final Approval Date: 08/09/2021
ITEM 7. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of Special Event Liquor License application for the Sunset Kiwanis of
Fountain Hills for a wine garden in conjunction with the Fountain Hills Fine Wine & Art Festival on March
3,4, and 5, 2022.
Staff Summary (Background)
This is a special event liquor license application submitted by Margaret Ziefert representing the Sunset
Kiwanis of Fountain Hills, for submission to the Arizona Department of Liquor. The special event liquor
license is being obtained for the purpose of holding a wine garden in conjunction with the Fountain Hills
Fine Art and Wine Festival. The special event liquor license application was reviewed by staff for
compliance with Town ordinances and staff unanimously recommends approval of this special event
liquor license application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 07/29/2021 05:16 PM
Finance Director David Pock 07/29/2021 05:50 PM
Town Attorney Aaron D. Arnson 07/29/2021 07:48 PM
Town Manager Grady E. Miller 08/09/2021 08:47 AM
Form Started By: Linda Ayres Started On: 07/29/2021 01:59 PM
Final Approval Date: 08/09/2021
ITEM 7. H.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2021-17, abandoning the 10' Public Utility and Drainage
Easement at the rear of 14813 E. Cerro Alto Drive.
Staff Summary (Background)
This is a proposal to abandon the pre-incorporation 10’ Public Utility and Drainage Easement at the rear
of Plat 506-C, Block 1, Lot 39 (14813 E. Cerro Alto Drive). Greg Birston, the applicant of this request,
plans to construct a new retaining wall within the existing easement. Staff has reviewed the site to
determine potential onsite drainage issues in addition to the Town’s general interest in the easement.
There is no need for the Town to retain the drainage easement proposed to be abandoned, with the
understanding that the owner of the lot is required to pass the developed flows generated by the
upstream lots across his property. All public utilities have approved the abandonment of this easement.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-17.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-17.
Attachments
Vicinity Map
Exhibit A: Survey
Aerial Photo Map
Res 2021-17
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 07/15/2021 07:42 AM
Development Services Director John Wesley 07/15/2021 07:57 AM
Town Attorney Aaron D. Arnson 07/15/2021 08:06 AM
Town Manager Grady E. Miller 07/19/2021 10:04 AM
Form Started By: David Janover Started On: 04/27/2021 07:55 AM
Final Approval Date: 07/19/2021
BEELINE
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NORTH
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LSTOWN OFINC. 1989TOWN HALL
DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
14813 E
CERRO ALTO DR
EA: 2021-10
EXHIBIT "A"TOWN OF FOUNTAIN HILLSEASEMENT ABANDONMENTLOT 39
DEVELOPMENT SERVICESPHOTO MAPAll that is Ari
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INC. 19892019 AERIALBOULEVARDZONING: R1-10E CERRO ALTO DRIVEABANDON 10'P.U.E. & D.E.LOT 39EA: 2021-10LEGEND:LOT 38LOT 40
RESOLUTION 2021-17
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN THE PRE-INCORPORATED 10’ PUBLIC UTILITY AND
DRAINAGE EASEMENT AT THE REAR OF PLAT 506-C BLOCK 2, LOT 39 (14813 E
CERRO ALTO DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 159 OF MAPS, PAGE 31
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body
of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets,
sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by
easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easement, located at the rear of Plat 506-C, Block
2, Lot 39, (14813 E Cerro Alto Drive) Fountain Hills, as recorded the Office of the County Recorder of Maricopa
County, Arizona, Book 159 of Maps, Page 31, and as more particularly described in Exhibit A, attached hereto
and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within
this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed
flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the
purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to
affect the rights of any private party to oppose the abandonment or assert any right resulting there from or
existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 17th day of August,
2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney
ITEM 7. I.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2021-21, abandoning the 10' Public Utility and Drainage
Easement along the southeast property line of 16140 N. Palo Verde Lane
Staff Summary (Background)
This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement along the
southeast property line of Plat 516, Lot 9 (16140 N. Palo Verde Lane). John and Monica Walters, the
applicant of this request, plan to construct improvements within the existing easement.
Staff has reviewed the site to determine potential onsite drainage issues in addition to the Town's
general interest in the easement. There is no need for the Town to retain the drainage easement
proposed to be abandoned, with the understanding that the owners of the lot are required to pass the
developed flows generated by the upstream lots across their property. All public utilities have approved
the abandonment of this easement.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-21.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-21.
Attachments
Vicinity Map
Exhibit A: Survey
Aerial image
Res 2021-21
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 07/15/2021 07:49 AM
Development Services Director John Wesley 07/19/2021 10:05 AM
Town Attorney Aaron D. Arnson 07/19/2021 10:14 AM
Town Manager Grady E. Miller 07/19/2021 10:15 AM
Form Started By: David Janover Started On: 06/15/2021 04:07 PM
Final Approval Date: 07/19/2021
BEELINE
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NORTH
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DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
16410 E
PALO VERDE LN
EA: 2021-11
DEVELOPMENT SERVICESSITE PLANAll that is Ari
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INC. 19892020 AERIALZONING: R1-10PALO VERDE LANELOT 9EA: 2021-11LEGEND:LOT 10ABANDON10' X 139'P.U.E. & D.E.LOT 8ASHBROOK WASHLOT 5LOT 6
RESOLUTION 2021-21
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT
HAS IN THE PRE-INCORPORATED 10’ PUBLIC UTILITY AND DRAINAGE
EASEMENT AT THE SOUTHEAST PROPERTY LINE OF PLAT 516, LOT 9 (16410
NORTH PALO VERDE DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 401 OF MAPS, PAGE 27
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body
of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets,
sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by
easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, as follows:
SECTION 1. That the certain public utility and drainage easement, located at the southeast property line
of Plat 516, Lot 9, (16410 North Palo Verde Drive) Fountain Hills, as recorded the Office of the County
Recorder of Maricopa County, Arizona, Book 401 of Maps, Page 27, and as more particularly described in
Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the
Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is
required to pass the developed flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the
purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to
affect the rights of any private party to oppose the abandonment or assert a ny right resulting there from or
existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona this 17th day
of August, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney
ITEM 7. J.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2021-23, abandoning the 10' Public Utility and Drainage
Easement along the north and west property lines of 15826 E. Burro Drive.
Staff Summary (Background)
This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement along the
northerly and westerly property lines of Plat 605-A, Block 1, Lot 11 (15826 E. Burro Drive). James Gill,
the applicant of this request, plans to construct a pool within the existing easement. Staff has reviewed
the site to determine potential onsite drainage issues in addition to the Town's general interest in the
easement. There is no need for the Town to retain the drainage easement proposed to be abandoned,
with the understanding that the owner of the lot is required to pass the developed flows generated by
the upstream lots across his property. All public utilities have approved the abandonment of this
easement.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-23.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-23.
Attachments
Vicinity Map
Exhibit A: Survey
Aerial Photo Map
Res 2021-23
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 07/15/2021 08:10 AM
Development Services Director John Wesley 07/15/2021 08:39 AM
Town Attorney Aaron D. Arnson 07/15/2021 08:49 AM
Town Manager Grady E. Miller 07/19/2021 09:32 AM
Form Started By: David Janover Started On: 06/24/2021 05:00 PM
Final Approval Date: 07/19/2021
BEELINE
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VICINITY MAP
TOWN OF FOUNTAIN HILLS
NORTH
SCALE: 1" = 3500'All that i s A r iz o naFOU N T A IN HI
L
LSTOWN OFINC. 1989TOWN HALL
DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
15826 E
BURRO DRIVE
EA: 2021-12
EXHIBIT "A"TOWN OF FOUNTAIN HILLSEASEMENT ABANDONMENTLOT 11
DEVELOPMENT SERVICESAll that is Ari
zon
a
F
O
UNTAIN HILLST O W N OF
INC. 1989BOULEVARDZONING: R1-8BURRO DRIVELOT 11LEGEND:PHOTO MAP2019 AERIALLOT 12LOT 10ABANDON10'X114.31'P.U.E. & D.E.ABANDON10'X141.02'P.U.E. & D.E.
RESOLUTION 2021-23
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT
HAS IN THE PRE-INCORPORATED 10’ PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED AT THE NORTH AND WEST REAR PROPERTY LINES OF
PLAT 605A BLOCK 1, LOT 11 (15826 EAST BURRO DRIVE) FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 164 OF MAPS, PAGE 12
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body
of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets,
sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by
easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easement, located along the north and west
property lines of Plat 605A, Block 1, Lot 11, (15826 East Burro Drive) Fountain Hills, as recorded the Office
of the County Recorder of Maricopa County, Arizona, Book 164 of Maps, Page 12, and as more particularly
described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be
abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The
property owner is required to pass the developed flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the
purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to
affect the rights of any private party to oppose the abandonment or assert any right resulting there from or
existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 17th day of August,
2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney
ITEM 7. K.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2021-24, abandoning the 10' Public Utility and Drainage
Easement along the west property line of 17418 E. El Pueblo Boulevard.
Staff Summary (Background)
This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement along the
west property line of Plat 431, Block 6, Lot 19 (17418 E El Pueblo Boulevard). Travis Tinney, the
applicant of this request, plans to construct a wall/fence within the existing easement. Staff has
reviewed the site to determine potential onsite drainage issues in addition to the Town's general
interest in the easement. There is no need for the Town to retain the drainage easement proposed to
be abandoned, with the understanding that the owner of the lot is required to pass the developed flows
generated by the upstream lots across his property. All public utilities have approved the abandonment
of this easement.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-24.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-24.
Attachments
Vicinity Map
Exhibit A: Survey
Aerial Photo Map
Res 2021-24
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 07/15/2021 08:11 AM
Development Services Director John Wesley 07/15/2021 08:41 AM
Town Attorney Aaron D. Arnson 07/15/2021 08:49 AM
Town Manager Grady E. Miller 07/19/2021 09:30 AM
Form Started By: David Janover Started On: 06/28/2021 10:33 AM
Final Approval Date: 07/19/2021
BEELINE
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VICINITY MAP
TOWN OF FOUNTAIN HILLS
NORTH
SCALE: 1" = 3500'All that i s A r iz o naFOU N T A IN HI
L
LSTOWN OFINC. 1989TOWN HALL
DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
17418 E
EL PUEBLO BLVD
EA: 2021-13
EXHIBIT "A"TOWN OF FOUNTAIN HILLSEASEMENT ABANDONMENTLOT 19
DEVELOPMENT SERVICESAll that is Ari
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F
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INC. 1989BOULEVARDZONING: R1-8EL PUEBLO BLVDLOT 19LEGEND:LOT 18BA
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PHOTO MAP2019 AERIALLOT 20LOT 17ABANDON10'X180.01'P.U.E. & D.E.
RESOLUTION 2021-24
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE,
OR INTEREST IT HAS IN THE PRE-INCORPORATED 10’ PUBLIC UTILITY
AND DRAINAGE EASEMENT LOCATED AT THE WESTERLY PROPERTY
LINE OF PLAT 431 BLOCK 6, LOT 19 (17418 EAST EL PUEBLO BLVD) FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK
151 OF MAPS, PAGE 43
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way
within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easement, located at the westerly
property line of Plat 431, Block 6, Lot 19, (17418 East El Pueblo Blvd) Fountain Hills, as recorded
the Office of the County Recorder of Maricopa County, Arizona, Book 151 of Maps, Page 43, and
as more particularly described in Exhibit A, attached hereto and incorporated herein by reference,
are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject
to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated
by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no
way attempts to affect the rights of any private party to oppose the abandonment or assert any right
resulting there from or existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona this
17th day of August, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
RESOLUTION 2021-24 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney
ITEM 7. L.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2021-25, abandoning the 10' Public Utility and Drainage
Easement along the southeast property line and a portion of the 10' Public Utility and Drainage
Easement along the southwest property line of 15133 E. Verbena Drive.
Staff Summary (Background)
This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easements along the
southeast and southwest property lines, except for the northern 30 feet of the southwest easement of
Plat 603-A, Block 3, Lot 2 (15133 E. Verbena Drive). Gary Garrett, the applicant of this request, plans to
construct retaining walls and landscaping improvements within the existing easements. Staff has
reviewed the site to determine potential onsite drainage issues in addition to the Town's general
interest in the easements. There is no need for the Town to retain the drainage easements proposed to
be abandoned, with the understanding that the owner of the lot is required to pass the developed flows
generated by the upstream lots across their property. All public utilities have approved the
abandonment of the easements and SRP has requested that the northern 30 feet of the easement along
the southwest property line be retained for existing underground utility facilities.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-25.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-25.
Attachments
Vicinity Map
Exhibit A: Survey
Aerial Photo Map
Res 2021-25
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 07/15/2021 08:12 AM
Development Services Director John Wesley 07/15/2021 08:44 AM
Town Attorney Aaron D. Arnson 07/15/2021 08:48 AM
Town Manager Grady E. Miller 07/19/2021 09:29 AM
Form Started By: David Janover Started On: 06/29/2021 05:56 PM
Final Approval Date: 07/19/2021
BEELINE
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VICINITY MAP
TOWN OF FOUNTAIN HILLS
NORTH
SCALE: 1" = 3500'All that i s A r iz o naFOU N T A IN HI
L
LSTOWN OFINC. 1989TOWN HALL
DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
15133 E
VERBENA DRIVE
EA: 2021-14
EXHIBIT "A"TOWN OF FOUNTAIN HILLSEASEMENT ABANDONMENTLOT 2
DEVELOPMENT SERVICESAll that is Ari
zon
a
F
O
UNTAIN HILLST O W N OF
INC. 1989BOULEVARDZONING: R1-8VERBENA DRIVE
LOT 2LEGEND:LOT 1PHOTO MAP2019 AERIALLOT 15LOT 3ABANDON10'X157.03'P.U.E. & D.E.ABANDON10'X77.96'P.U.E. & D.E.
RESOLUTION 2021-25
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT
HAS IN THE PRE-INCORPORATED 10’ PUBLIC UTILITY AND DRAINAGE
EASEMENT ALONG THE SOUTHEAST PROPERTY LINE AND A PORTION OF THE
SOUTHWEST PROPERTY LINE OF PLAT 603A BLOCK 3, LOT 2 (15133 E VERBENA
DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK
196 OF MAPS, PAGE 28
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body
of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets,
sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by
easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easement, located at the southeast property line
and a portion of the southwest property line of Plat 603A, Block 3, Lot 2, (15133 East Verbena Drive) Fountain
Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 196 of Maps, Page
28, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are
hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot
drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots
across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the
purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to
affect the rights of any private party to oppose the abandonment or assert any right resulting there from or
existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona this 17th day
of August, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney
ITEM 7. M.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2021-26, abandoning the 10' Public Utility and Drainage
Easement along the south (rear) property line of 15151 E. Ridgeway Drive.
Staff Summary (Background)
This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement along the
south (rear) property line of Plat 604-A, Block 1, Lot 43 (15151 E Ridgeway Drive). Aaron &
Diane Sausman, the applicants for this request, plan to construct a pool and landscape improvements
within the existing easement. Staff has reviewed the site to determine potential onsite drainage issues
in addition to the Town's general interest in the easement. There is no need for the Town to retain the
drainage easement proposed to be abandoned, with the understanding that the owner of the lot is
required to pass the developed flows generated by the upstream lots across their property. All public
utilities have approved the abandonment of this easement.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-26.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-26.
Attachments
Vicinity Map
Exhibit A: Survey
Aerial Photo Map
Res 2021-26
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 07/21/2021 11:29 AM
Development Services Director John Wesley 07/21/2021 12:00 PM
Town Attorney Aaron D. Arnson 07/29/2021 07:49 PM
Town Manager Grady E. Miller 08/04/2021 10:59 AM
Form Started By: David Janover Started On: 07/19/2021 04:28 PM
Final Approval Date: 08/04/2021
BEELINE
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VICINITY MAP
TOWN OF FOUNTAIN HILLS
NORTH
SCALE: 1" = 3500'All that i s A r i z o naFOU N T A IN H
I
L
LSTOWN OFINC. 1989TOWN HALL
DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
15151 E
RIDGEWAY
DRIVE
EA: 2021-26
EXHIBIT "A"TOWN OF FOUNTAIN HILLSEASEMENT ABANDONMENTLOT 43
DEVELOPMENT SERVICES···SITE PLANAll that is Ari
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a
F
O
UNTAIN HILLST O W N OF
INC. 19892020 AERIALBOULEVARDZONING:ABANDON10'X80'P.U.E. & D.E.
RESOLUTION 2021-26
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE,
OR INTEREST IT HAS IN A 10’ PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED AT THE SOUTH REAR AND EASTERLY SIDE OF
PLAT 604-A, BLOCK 1, LOT 43, (15151 EAST RIDGEWAY DRIVE)
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN
BOOK 165, PAGE 16 OF MAPS
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way
within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the 10’ public utility and drainage easement located at the south rear property
line of Plat 604A, Block 1, Lot 43, (15151 East Ridgeway Drive) Fountain Hills, as recorded the
Office of the County Recorder of Maricopa County, Arizona, Book 165 of Maps, Page 16, hereby
declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot
drainage runoff. The property owner is required to pass the developed flows generated by the
upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no
way attempts to affect the rights of any private party to oppose the abandonment or assert any right
resulting there from or existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 17th day
of August, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
RESOLUTION 2021-26 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson Town Attorney
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 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 AND
POSSIBLE ACTION: Approval of Amendment No. 1 to Professional Services Agreement 2020-071 with
Wood Patel & Associates for engineering design services for phase II of the Panorama Drive storm drain.
Staff Summary (Background)
The Panorama Drive Storm Drain Channel south of El Lago was originally constructed in 1988
(pre-incorporation) by MCO Properties, as a part of the Puerto Del Lago off-site Improvements. The
Storm Drain Channel is approximately 800' long and is approximately 50’ feet wide.
Water flows even during dry weather have been observed in the channel from the upstream pipe outlet,
although the cause(s) of those flows has never been clearly identified. However, those flows indicate
that the likelihood of drainage flow through this segment of channel is most likely groundwater.
This channel is located in the lower segment of the Panorama Wash with standing stagnate water issues
for many years. The standing water has resulted in complaints about insects and foul odors due to the
stagnate water. To minimize the negative effects of this, the Town installed and maintains a pump back
system is this area. This pumping system currently pumps 30,000 to 60,000 gallons of groundwater to
Fountain Lake every 24 hours. However, there is an area between the outfall of the recently installed
Panorama storm drain pipe and the pump that continues to be problematic.
Phase II of the project will include approximately 700 feet of storm drain improvements and water
pump replacement design. The storm drain improvements will extend the recently replaced storm drain
east to the outfall location near the existing water pump. Staff is proposing to replace this pump with a
submersible push pump type with modified, upgraded electrical connection and controls resulting in
additional groundwater delivery to Fountain Lake.
Attached is the Wood, Patel & Associates, Inc. scope and fee in the amount of $79,900.00.
Related Ordinance, Policy or Guiding Principle
Resolution NO. 2007 – 045. Town Code. Article 9-3
Risk Analysis
Not addressing this ongoing stagnant water will result in additional issues with insects and foul odors.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Amendment No. 1 to the Professional Services Agreement 2020-071 with
Wood Patel & Associates.
SUGGESTED MOTION
MOVE to approve Amendment No. 1 to Professional Services Agreement 2020-071 with Wood Patel &
Associates for engineering design services for Phase II of the Panorama Drive storm drain in the amount
of $79,900.00
Fiscal Impact
Fiscal Impact:$ 79,900.00
Budget Reference:See attached
Funding Source:Capital Projects
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Professional Services Agreement
Scope and Fee
Budget Sheet
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 07/26/2021 03:29 PM
Finance Director David Pock 07/26/2021 03:47 PM
Town Attorney Aaron D. Arnson 07/29/2021 07:49 PM
Town Manager Grady E. Miller 08/04/2021 11:06 AM
Form Started By: Justin Weldy Started On: 07/20/2021 02:44 PM
Final Approval Date: 08/04/2021
1
Contract No. 2020-071.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
WOOD, PATEL, & ASSOCIATES, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into as of August 18, 2021 between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Wood, Patel, & Associates, Inc., a(n) Arizona
corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated March 9, 2020 for the Consultant to provide engineering design services (the
“Services”). All capitalized terms not otherwise defined in this First Amendment have the same
meanings as contained in the Agreement.
B. The Town has determined that it is necessary to extend the Agreement with the
Consultant for Services, specifically Phase II of the Panorama Drive storm drain removal and
replacement project (the “services”), attached hereto as Exhibit A-1.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to (i) extend the term of the Agreement and (ii) add to the scope, and (iii) provide for
compensation to the Consultant for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until March 8,
2022, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Compensation. The Town shall pay Consultant an amount not to exceed $79,900
at the rates set forth in Exhibit A-1; the aggregate amount of this Agreement is not to exceed
$178,205.
2
3. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly given
if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (C) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Consultant: Wood, Patel, & Associates, Inc.
2051 W. Northern Ave. # 100
Phoenix, Arizona 85021
Attn: Nicholas E. Brown, 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.
4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
5. Non-Default. By executing this First Amendment, the Consultant affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
6. 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.
3
7. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
Page 1 of 7
2051 W Northern Ave #100
Phoenix AZ 85021
P: 602.335.8500
F: 602.335.8580
www.woodpatel.com
Darrel E. Wood, PE, RLS
Ashok C. Patel, PE, RLS
Michael T. Young, PE
Thomas R. Gettings, RLS
Darin L. Moore, PE, LEED GA
Jeffrey R. Minch, PE, CFM
Robert D. Gofonia, PE, RLS
Nicholas E. Brown, PE
Daniel W. Matthews, PE
Ethan A. Boyle, PE
Frank M. Koo, PE
Gabriel S. Rios, RLS
John M. Bulka, PE
Daniel J. Cronin, PMP
James G. Taillon, CFM
Joseph C. Daconta, PE, CFM, PH
John G. Ritchie, PE
Derek C. Nichols, PE
Steven C. McKee, PE
Robert W. Dalton, PE
Brian J. Diehl, RLS
Ryan Hall, PE
Karen C. Hobbs, PE
Diana B. Kelly, PE
Chelsea J. Trotter, PE
Nathan L. Gardner, PLS
May 27, 2021
Mr. Justin T. Weldy
Public Works Director
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, AZ 85268
480.816.5133
jweldy@fh.az.gov
Re:Panorama Drive – Storm Drain Improvements Phase 2
Fountain Hills, Arizona
Professional Civil Engineering Services
Dear Mr. Weldy:
Thank you for inviting Wood, Patel & Associates, Inc. (WOODPATEL) to submit this
Professional Civil Engineering Services Agreement to the Town of Fountain Hills for
Panorama Drive Storm Drain Improvements Phase 2. WOODPATEL’s experience in
the area and with the project through the design and construction administration of the
Phase One improvements brings value to this work task. We are excited about the
opportunity to continue our support to the Town of Fountain Hills on this project and look
forward to providing the Town with quality and timely professional services.
WOODPATEL understands Phase Two of the project to include approximately 700 feet of
storm drain improvements and nuisance water pump replacement design. The storm
drain improvements will extend the recently replaced storm drain east to the outfall
location near/around the existing nuisance water pump. The nuisance water pump is
proposed to be replaced with a submersible push pump type with modified/upgraded
electrical connection and controls.
Below is our scope of services and fee summary for professional civil engineering
services based on our understanding of the project. These items follow the scope items
discussed at various meetings during the Phase One design and construction with the
Town of Fountain Hills Public Works Department.
SCOPE OF SERVICES
1. Topographic Survey
WOODPATEL will collect topographic field survey information based on an
approved agency datum. The Topographic Survey will provide elevation and
location data of relevant physical features and adjacent improvements necessary
for the design of the project. The survey area includes the east half street
(approximately 150 feet width, 800 feet length) of Panorama Drive and the storm
drain outlet wash.
Exhibit A-1
WOODPATEL May 27, 2021
Panorama Drive - Storm Drain Improvements Phase 2 Page 2 of 7
2. Pump Design (Sub-Consultant Services)
WOODPATEL will utilize a sub-consultant to provide the nuisance water pump, controls, and electrical service
design. Permit application preparation, if any, including MCESD, ADWR, SRP, or another agency is assumed
to be completed by the Client and is not included.
3. Offsite Paving & Storm Drain Plan & Profile
WOODPATEL will prepare an Offsite/Public Paving and Storm Drain Plan & Profile in accordance with the
Town of Fountain Hills requirements for the installation of 700 feet of 66-inch diameter RGRCP storm drain.
The plan will be based on agency direction and will also include catch basins and manholes. Wet and dry utility
crossing identification will be included based on agency and dry utility company provided information. The plan
will include the removal and replacement of pavement, curb and gutter, sidewalk and landscaping removal and
replacement (in kind). The plan will include approximate quantities necessary for bidding and permitting
purposes. Federal permitting, Flood Insurance Program involvement environmental services are not anticipated
nor included for this project. Landscaping architecture and irrigation design is not included.
4. Technical Specifications and Bid Support
Technical specifications and an Engineer’s Opinion of Probable Costs will be included to support the civil
engineering design work product. WOODPATEL will assist in the preparation of the Invitation for Bid and will
prepare the project’s associated bid sheet.
5. Construction Management/Limited Observation
WOODPATEL will provide limited construction management and observation of the proposed improvements
according to the approved Issued for Construction set and technical specifications. We will attend the pre-
construction and final walk-through meetings, attend weekly progress meetings, and provide limited
construction observations, based on contractor’s progress, and prepare a written summary of each site visit. At
completion of construction, we will review the storm drain as-built plan set for compliance with design standards
and related to any field changes made by the contractor during construction. WOODPATEL will notify the Client
of work not constructed in compliance with the required design standards. Work not constructed within agency
established tolerances will need to be resolved with the Client, and appropriate measures taken to comply.
6. As-built Record Drawings
Upon completion of construction of the project, WOODPATEL will prepare Record Drawings for the project
based on contractor prepared as-built plan markups on the approved Offsite/Public Paving and Storm Drain
Plan. Copies (hard copy and electronic file) of the record drawings will be submitted to the Client.
7. Design Services Allowance
Additional services other than those specified in this document may be required due to unforeseen
conditions. This allowance will allow WOODPATEL to respond and provide additional services without the
execution of additional contract documents. This is a general design services allowance and all tasks
completed and services provided under this allowance shall be identified and authorized by the Client in
advance of services performed. Allowances will be used only after requesting and receiving authorization from
the Client.
EXCLUSIONS
Hydrology and Hydraulic Analysis
Utility Conflict Relocation Design
Structural Engineering/Design
Environmental Permitting Services and Cultural Resources Services
Construction Traffic Control Design
Landscape Architecture and Irrigation Design
WOODPATEL May 27, 2021
Panorama Drive - Storm Drain Improvements Phase 2 Page 3 of 7
FEES
1. Topographic Survey ...........................................................................................................................................$5,100
2. Pump Design (Sub-Consultant Services).........................................................................................................$18,000
3. Offsite Paving & Storm Drain Plan & Profile.....................................................................................................$26,400
4. Technical Specifications and Bid Support..........................................................................................................$8,900
5. Construction Management/Limited Observation ..............................................................................................$11,800
6. As-built Record Drawings...................................................................................................................................$4,700
7. Design Services Allowance................................................................................................................................$5,000
TOTAL..........................................................$79,900
RETAINER
A $0 retainer is required to begin the professional services outlined above. This retainer will be applied to the final
project invoice per industry standard.
WOODPATEL May 27, 2021
Panorama Drive - Storm Drain Improvements Phase 2 Page 4 of 7
TERMS OF AGREEMENT
1. Wood, Patel & Associates, Inc. is referred to as Consultant, within this Agreement. Consultant makes no representation or warranty
concerning the estimated quantities and cost estimates provided in connection with maps, plans, reports, specifications, drawings, or
submittals other than that all such amounts are good faith estimates and professional opinions only. Since Consultant has no control over
market conditions, bidding procedures, or the efficiency of any contractor’s means and methods of construction, the Consultant cannot
warrant that bids, final quantities, or ultimate construction costs will not vary from these good faith estimates.
2. Consultant makes no representations concerning soil or environmental conditions and is not responsible for any liability that may arise out of
the making or failure to make soil or environmental surveys, sub-surface tests, or general testing.
3. In the event that any changes are made in the plans and specifications by the Client or persons other than the Consultant, or the improvements
and mitigation measures are not constructed as required in Consultant’s plans and specifications, any and all liability arising out of such
unauthorized changes or deviation is waived as against the Consultant and its subconsultants (if any). Client assumes full responsibility for
such changes or deviations unless Client has given Consultant prior notice and has received from Consultant written consent for such
changes or deviations.
4. The Consultant is not responsible, and liability is waived by the Client as against Consultant, for use by Client or any other person of any plans
or drawings not signed and sealed by Consultant as final and ready for bidding or construction. Plans, reports, drawings, or specifications
marked “Preliminary” or “Not For Construction”, or otherwise marked to indicate they are not final, may not be used for estimating, bidding, or
construction without Consultant’s advance written authorization.
5. Client and Consultant have agreed, to the fullest extent permitted by law and notwithstanding any other term or condition of this Agreement,
to allocate the risks of this Project such that the total liability of Consultant, its subconsultants, and their respective officers, directors,
shareholders, designated principals, agents, representatives, and insurers, or any of them, in the aggregate to Client (or anyone claiming
through or on behalf of Client) for any and all claims (including, without limitation, claims expenses such as attorneys’ fees, expert fees, and
court costs), losses, costs, or damages of any nature whatsoever, whether presently known or unknown, liquidated or contingent, resulting
from or in any way related to or arising from the project, this Agreement, or any other cause or causes shall not exceed $50,000 or fee paid
under this Agreement. Consultant and Client intend that this risk allocation shall apply to any and all liability or cause of action against
Consultant, however alleged or arising, unless otherwise prohibited by law. Should Client not pay Consultant in full for all services rendered
in accordance with this Agreement, Client waives and releases Consultant from any and all liability.
6. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, Client and Consultant, and their respective
officers, directors, partners, employees, members, contractors, or subconsultants shall not be liable to the other, or make any claim for, any
incidental, indirect, consequential, or punitive damages arising out of or connected in any way with this Agreement, or the project or services
that is the subject of this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of
profit, loss of business, loss of income, damage to or loss of reputation, and any other consequential damages that either party may have
incurred from any cause of action including, without limitation thereby, breach of contract, intentional misconduct, negligence, strict liability, or
express or implied warranty.
7. All fees and other charges will be billed monthly and shall be due at the time of billing unless otherwise noted in this Agreement.
8. A late payment FINANCE CHARGE computed at the periodic rate of 1.00% per month, which is an ANNUAL PERCENTAGE RATE of 12%,
shall be added to any unpaid balance due Consultant under this Agreement commencing 30 days after the date of the original invoice. Should
legal action be necessary to enforce the provisions of this Agreement, the Client agrees to pay all attorneys’ fees and court costs incurred in
the prosecution thereof. Client’s failure or refusal to timely pay any compensation due Consultant under this Agreement shall be considered
substantial non-performance of the Agreement by Client and good cause for Consultant to suspend or terminate this Agreement at its sole
option.
9. Client understands that jurisdictional authorities, public or private utilities, or other third parties exercising inspection or oversight powers with
respect the project that is the subject of this Agreement, Consultant’s professional documents or self-certifications, any permit for
construction, or other applicable law, regulation, policy, guidelines, or interpretations may cause a need for additional office or field work to
implement the lawful decision or direction of such reviewing authorities. Client shall pay Consultant for the additional services required to
comply with or implement the decisions, interpretations, or direction of reviewing authorities according to the terms and fee schedules in effect
at the time such services are performed.
10. Client shall pay the costs of plan checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering
fees, soils testing fees, aerial topography fees and all other fees, permits, bond premiums, title company charges, blueprints and
reproductions, and all other charges not specifically covered by the terms of this Agreement.
11. In the event all or any portion of the work prepared or partially prepared by the Consultant is suspended, abandoned, or terminated, the Client
shall pay the Consultant for all fees, charges, and services provided pursuant to this Agreement, not to exceed any contract limit specified
herein. A restart fee equivalent to twenty (20) percent of the base fee payable to Consultant under this Agreement will be charged if the
Project or work of this Agreement is placed on hold. All studies, reports, plans, specifications, certifications or other professional documents
generated by Consultant (collectively “instruments of service”) for this Agreement remain Consultant’s property and Consultant shall be
deemed their author and sole owner. Consultant shall retain all copyrights, common law, statutory and other ownership rights to its
instruments of service. Upon paying in full for Consultant’s services, Client shall obtain a limited, non-exclusive license to use Consultant’s
instruments of service for purposes of this project only. Client acquires no ownership rights to Consultant’s instruments of service by virtue of
this Agreement, and it may not use Consultant’s instruments of service, or any aspect, element, or derivative work based on them for any
other purpose. Nor does Client have any right to further assign, delegate, pledge or transfer the limited license created by this Agreement
without the express written permission of Consultant, which Consultant may withhold in its sole discretion. Client may, consistent with the terms
and conditions of this Agreement, reproduce Consultant’s instruments of service, or portions or derivative works based thereon, to satisfy
regulatory requirements of any authority having jurisdiction over the project, or for the use of any consultant, contractor, subcontractor, or
supplier to Client executing the work described in Consultant’s instruments of service. Consultant’s instruments of service may not be used
for any future addition to or alteration of the project without Consultant’s express written permission.
WOODPATEL May 27, 2021
Panorama Drive - Storm Drain Improvements Phase 2 Page 5 of 7
12. For delays that are beyond the consultant’s control, such as force majeure, and upon written request from the consultant, the client’s
authorized representative shall negotiate an adjustment to the project schedule set forth in this agreement. A force majeure event is an event
beyond the consultant’s reasonable control, including but not limited to, unusually severe weather, fire, floods, acts of god, pandemics, labor
disputes, acts of terrorism. The consultant shall use all reasonable efforts to minimize the duration and consequences or delay resulting from
a force majeure and shall give client prompt notice of such event.
13. Construction staking fees are for setting one (1) set of stakes only for each item listed. Client and its contractors are responsible for protecting
these stakes. Any restaking or staking of items not listed or replacement of control stakes or pins necessary to stake the item of work called for
shall be performed on an hourly basis as additional services. If expedited construction staking is required to replace such stakes or pins that
have been damaged, out of the control of the Consultant, the expedited services may be billed at a premium rate.
14. Printing or plotting of drawings, delivery charges, and postage, as well as review fees, shall be billed as a reimbursable expense at Consultant’s
cost plus ten (10) percent.
15. Revisions, alterations, or change orders requested by the Client shall be deemed extra work. Consultant will prepare an Additional Services
Agreement to be approved by the Client which details the scope and fee. Client must authorize Additional Services Agreement prior to work
commencing. In the event it is not feasible to prepare an Additional Services Agreement Client agrees to pay Consultant hourly. Consultant
fees will be charged per the fee schedule in effect at the time such revisions are requested.
16. This proposal is valid for thirty (30) days from the date of preparation. The laws of the state of Arizona, without regard to choice of law
principles, shall govern the interpretation and enforcement of this Agreement and any claim or cause of action for breach of this Agreement.
The prevailing party in any litigation or arbitration arising from or relating to this Agreement, as determined by the court or arbitrator deciding the
dispute, shall be entitled to recover from the non-prevailing party a reasonable sum in compensation of its attorneys’ fees and costs incurred.
17. Neither party to this Agreement will hire or make an offer of employment to an employee of the other party, without prior written consent of the
other party.
18. Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and
subconsultants (collectively, Consultant) from and against all losses, damages, liabilities or costs, including reasonable attorneys' fees and
defense costs, to the extent caused by the negligent acts, errors or omissions of Client or Client’s separate contractors, subcontractors,
consultants, or anyone for whom Client is legally responsible in connection with the Project.
19. By signing this Agreement, Client’s representative represents that he or she has the legal right, power and authority to enter into this
Agreement, and to direct Consultant to study the Project, prepare plans for Project, and enter the Project site.
20. Except as to those persons or parties expressly named in this Agreement, nothing contained in this Agreement shall confer third party
beneficiary status upon or create a contractual relationship with, right to reliance, or cause of action in favor of any third party against either the
Client or the Consultant. Consultant's services under this Agreement are performed solely for Client's benefit, and no other party or entity shall
have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. Client and
Consultant agree to include a similar disclaimer of third party beneficiaries in all contracts with their respective contractors, subcontractors,
subconsultants, vendors, and other entities involved in this Project to fulfill the intent of this provision.
21. Client agrees, in any construction contracts and subcontracts awarded in connection with this Project, to require all contractors or vendors of
any tier to carry statutory Workers Compensation, Employers Liability Insurance and limits of Commercial General Liability Insurance (CGL)
that are no less than the limits of insurance required of Consultant. Client further agrees to require all contractors to have their CGL policies
endorsed to name the Client, the Consultant and Consultant’s subconsultants as Additional Insureds, and to provide Contractual Liability
coverage sufficient to insure the hold harmless and indemnity obligations assumed by the contractors. Client shall require all contractors to
furnish to Client and Consultant certificates of insurance as evidence of the required insurance prior to commencing work and upon renewal
or replacement of each policy in effect during the entire period of construction. In addition, Client shall require that all contractors shall, to the
fullest extent permitted by law, indemnify and hold harmless Client, Consultant and its subconsultants from and against any damages,
liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with any contractor’s or
subcontractor’s negligent or willful acts, errors or omissions in connection with the project or work that is the subject of this Agreement,
including without limitation all claims by employees of the contractors.
22. Applicable to Apartment Community projects only: The Project depicted in Consultant’s plans, drawings and specifications has been
specifically designed for Client as an apartment community where individual units are leased or rented to their occupants. This Project has not
been designed with the intent that ownership of individual units shall be sold or transferred to individual owners. Design standards and criteria
for apartment communities may vary significantly from those applicable to time share or condominium communities where individual units are
sold to occupants. Therefore Consultant assumes no liability to any Client, developer, builder, lender, investor, community or homeowners’
association, or to any subsequent owner or occupant of this Project, or anyone asserting a claim by or through them, for repair, replacement,
diminished useful life, reduced performance or diminution of property value, in the event this Project is subsequently converted from an
apartment community to a time share or condominium community where units are individually owned. This variance in design standards and
criteria may adversely affect the use, performance or property values for individual owners in time share or condominium communities.
23. Applicable to Apartment Community projects only: Client does not now foresee that this Project will be converted into condominiums, time
shares, or any other use for which ownership of individual units shall be sold or transferred to individual owners. Because Consultant did not
design this Project for condominium ownership, time share, or other use in which ownership of individual units is sold or transferred to
individual owners, Client agrees that, if Client converts the Project to such use or ownership, Client shall, to the fullest extent permitted by
law, indemnify and hold harmless Consultant and Consultant’s officers, directors, shareholders, employees and sub consultants from any and
all claims, losses, damages and costs, including reasonable attorneys’ fees and defense costs, arising or allegedly arising in any manner
whatsoever from conversion of the Project to condominium, time share, or other use where ownership of individual units is sold or transferred
to individual owners.
WOODPATEL May 27, 2021
Panorama Drive - Storm Drain Improvements Phase 2 Page 6 of 7
24. Applicable to Condominium projects only: Client agrees to include in the Covenants, Conditions and Restrictions or equivalent documents
(collectively “CC&R’s) recorded on the Project, and in the by-laws of any Homeowners or Community Association (“Association”) established
for this Project, a requirement that the Association shall perform all inspections and preventive maintenance recommended in the
Maintenance Manual or necessary to properly maintain the infrastructure and facilities to perform as designed. Furthermore, Client agrees to
establish and notify the Association and its members or owners at or before the time units are sold to members or owners of the reasonably-
anticipated reserves needed for such inspections and preventive maintenance. Client shall also cause the CC&R’s for the Project and the
Association by-laws to contain an appropriate waiver of liability and indemnity, in a form mutually approved by Client and Consultant, if the
Maintenance Manual recommendations for inspections and preventive maintenance are not performed.
25. Neither this Agreement, nor any claim or cause of action arising from or relating to this Agreement, its interpretation, enforcement, or breach,
shall be assignable by either Client or Consultant, and any attempted assignment shall be void.
26. Notwithstanding any other term or condition of this Agreement to the contrary, all claims or legal actions by either party against the other
arising out of or in any way connected with this Agreement or the services performed by Consultant or its subconsultants hereunder shall be
barred, and under no circumstances shall any such legal action be initiated by either party after two (2) years from the completion of
Consultant’s services pursuant to this Agreement, as determined by the final invoice for Consultant’s services, unless this Agreement shall be
terminated earlier by either party, in which case, the date of termination shall be the date from which the time to commence legal action shall
commence.
27. If any term or provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, such determination shall
apply only to the term or provision so affected, and the remainder of this Agreement shall be fully enforceable and effective as originally
agreed. Notwithstanding the completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this
Agreement shall survive and remain in full force and effect until discharged by performance or operation of law.
WOODPATEL May 27, 2021
Panorama Drive - Storm Drain Improvements Phase 2 Page 7 of 7
WOODPATEL is pleased to offer this agreement to the Town of Fountain Hills. If this agreement meets with your
approval, please indicate by signing below and returning one copy to us.
Sincerely,
Wood, Patel & Associates, Inc.
Nicholas E. Brown, PE
Vice President
NEB/lp
Y:\WP\Proposals\Municipal Dept\205129 Panorama Drive – Storm Drain Improvements Phase 2 Scope Town of Fountain Hills J Weldy 05-27-21.docx
AUTHORIZATION & ACCEPTANCE FOR PROFESSIONAL SERVICES
Accepted for
(Organization Responsible for Payment)
Accepted by
(Name and Title)
Signature Date
Project Start
Total Cost
Justification
Funding Sources Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27
2,210,410 80,000 850,000
2,210,410 80,000 850,000 0 0 0 0
Project Expenses Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27
98,300 80,000
2,112,110 850,000
2,210,410 80,000 850,000 0 0 0 0
Operating Impact Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27
2,500 2,500 2,500
0 0 0 0 2,500 2,500 2,500
Project Number D6058 Project Title Phase II Panorama Drive Storm Drain Improvements
TOWN OF FOUNTAIN HILLS
FY21-22 CAPITAL IMPROVEMENT PROJECT
Date 12/18/2020 Priority Level High - Finishes a Partially Completed Project
Description Engineering Design for drainage improvements to the lower segment of Panorama Wash. The Panorama Drain outfalls
near El Lago Blvd into Panorama Wash which converges with Colony Wash and has created ponding issues for several
years.
Project Contact Justin T. Weldy Department Public Works
Grant $0
2020 Project End 2023
$3,140,410.00 FY21-22 Cost $80,000.00
Phase I: Design, remediation and replacement of Panorama storm drain. This phase is complete.
Phase II: The lower segment of the Panorama wash has had standing stagnate water issues for many years resulting in
insect and foul odor complaints. To minimize the negative effects of this the Town installed and maintains a pump back
system is this area. However, there is an area between the outfall and the pump that continues to be problematic.
Fund Type Total
Capital Projects $3,140,410
Downtown Strat.$0
General $0
Developer $0
Devel. Fees $0
Bonds $0
Other Sources $0
Unfunded $0
Total $3,140,410
Fund Type Total
Acquisition $0
Planning $0
Design $178,300
Construction $2,962,110
Other Expenses $0
Total $3,140,410
Fund Type Total
Salaries/Benefits $0
Services/Supplies $0
Other Impact $7,500
Total $7,500
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 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 AND
POSSIBLE ACTION approving Amendment No. 1 to Job Order Master Agreement C2019-006C1
between the Town and Vincon Engineering Construction LLC, for construction of the Desert Vista
crosswalk.
Staff Summary (Background)
This sidewalk project was identified as a high priority and approved in the FY 2021-22 Capital
Improvement Projects budget 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 safely cross and access the park (roughly three miles).
Consequently, there are very few people from the nearby neighborhoods who can access the park
without a vehicle. Constructing a pedestrian crossing on Saguaro Boulevard at Tower Drive will provide a
safe pedestrian and bicycle access to Desert Vista Park from the surrounding neighborhoods.
Kimley Horn & Associates, Inc. recently completed the construction design and engineered documents,
so the Town could seek qualified bids for the project. The project scope for the project will include the
following: new sidewalk and curb opening ramps along the south side of Saguaro Boulevard; 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 Town released an Invitation for Bids (IFB) to current Job order contract contractors. The Town
received the following bids:
Vincon, LLC $386,100.00
Stormwater Plans, LLC dba SWP Contracting & Paving 423,423.00
GCON, Inc. 541,845.26
Johnson Carlier, LLC 802,881.00
LAN-CON No response
Core Construction, Inc.No response
It should be noted that the low bid for the project, Vincon, LLC, is approximately $60,000 over the
budgeted construction amount included in the FY 21-22 Capital Improvement Program budget. This
overage will be covered by savings in the Capital Fund. There is also an owner's allowance of $38,610 in
the event that there are unforeseen issues with the project.
Related Ordinance, Policy or Guiding Principle
Adopted Capital Improvement Project Budget and Public Safety.
Risk Analysis
Delaying approval of the contract will have a negative impact on the construction schedule and may
result in escalated costs.
Recommendation(s) by Board(s) or Commission(s)
The Pedestrian and Traffic Safety Committee has reviewed the project scope and recommends approval.
Staff Recommendation(s)
Staff recommends approval of Amendment No. 1 to Job Order Master Agreement C2019-006C1
between the Town and Vincon Engineering Construction LLC, for construction of the Desert Vista
crosswalk.
SUGGESTED MOTION
MOVE to approve Amendment No. 1 to Job Order Master Agreement C2019-006C1 between the Town
of Fountain Hills and Vincon Engineering Construction LLC, for construction of the Desert Vista crosswalk
in the amount of $424,710, which includes a $38,610 for an Owner’s Allowance, and any necessary
budget transfers.
Fiscal Impact
Fiscal Impact:$424,710
Budget Reference:See attached budget
Funding Source:Capital Projects
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Job Order Master Agreement
Vincon Bid
Stormwater Bid
GCON Bid
Johnson Carlier Bid
100% Construction plans
CIP Budget Sheet
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 08/11/2021 07:42 AM
Finance Director David Pock 08/11/2021 07:50 AM
Town Attorney Aaron D. Arnson 08/11/2021 08:53 AM
Town Manager Grady E. Miller 08/11/2021 11:00 AM
Form Started By: Justin Weldy Started On: 07/27/2021 02:53 PM
Final Approval Date: 08/11/2021
Contract No. 2019-006C1.1
FIRST AMENDMENT
TO
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
VINCON ENGINEERING, INC.
THIS FIRST AMENDMENT TO JOB ORDER MASTER AGREEMENT (this “First
Amendment”) is entered into as of August 17, 2021, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Vincon Engineering, LLC., an Arizona limited
liability company (the “Consultant”).
RECITALS
A. The Town issued a Request for Qualifications (CS2019-006) for Construction
Services (the “RFQ”); the Contractor submitted a Statement of Qualifications (the “SOQ”) in
response to the above RFQ and the Town entered into a non-exclusive Agreement with the
Consultant on March 19, 2019.
B. The Town solicited bids (PW JOC 2021-001) from qualified contractors that had
current Job Order Master Agreements (“JOC”) with the Town, and which covered the scope of the
solicitation.
C. The Consultant’s bid, attached hereto and incorporated by reference as Exhibit C,
was the lowest responsive bid of the six (6) Contractors on current JOC Agreements covering the
scope of work required.
D. The Town and Consultant wish to amend their Agreement (2019-006C1) via
Amendment No. 1 in the following manner: i) add compensation to Consultant in the amount of
$424,710; and ii) allow for the cumulative sum of Job Orders to be fixed at $549,710, reflecting
Bid “PW JOC 2021-001” for $386,100 [in addition to a 10% Owner’s Allowance of $38,610] and
Agreement twelve (12) month dollar limit on work orders [$125,000], for the twelve (12) month
period commencing on March 19, 2021 and ending on March 18, 2022. The $125,000 limit in any
twelve (12) month period there again commences.
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. Compensation. The Town shall pay Consultant an amount not to exceed $424,710
which sum includes a 10% Owner’s Allowance for the Services, resulting in an
increase of the cumulative contract amount from $625,000 to $1,049,710 in the
aggregate.
2. Contract Price for Each Job Order, Section 2.5 A. The cumulative sum of the Job
Orders performed by Contractor during any twelve (12) month period shall not
exceed $125,000 with the exception of the twelve (12) month period commencing
on March 19, 2021 through March 18, 2022, during which the maximum amount
shall not exceed $549,710.
3. The Consultant’s JOC bid is attached hereto and incorporated into this Agreement
as Exhibit C.
4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement
shall remain in full force and effect
5. Non-Default. By executing this First Amendment, the Consultant affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any
time prior to this First Amendment, under any of the terms or conditions of the
Agreement and (ii) any and all claims, known and unknown, relating to the
Agreement and existing on or before the date of this First Amendment are forever
waived.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ___________________, 2021, 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”
VINCON ENGINEERING, LLC.,
an Arizona limited liability company
By:
Name:
Title:
(ACKNOWLEDGMENT)
STATE OF ___________________ )
) ss.
COUNTY OF _________________ )
On ________________________, 2021, before me personally appeared _____________
________________________, the _____________________ of Vincon Engineering, LLC., an
Arizona limited liability company, whose identity was proven to me on the basis of satisfactory
evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above
document on behalf of Vincon Engineering, LLC.
Notary Public
(Affix notary seal here)
EXHIBIT C
Consultant’s JOC Bid
[See following pages.]
2645892.1
INVITATION FOR BID—current JOC vendors
(Contract No. 2019-006A; 2019-006B; 2019-006C2019-006C1; 2019-006C2; 2019-006C)
Desert Vista Pedestrian Crossing Project
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
SOLICITATION INFORMATION AND SCHEDULE*
Solicitation Number: PW JOC 2021-001
Release Date: June 24, 2021
Final Date for Inquires: July 2 , 2021 5:00 p.m.
(local time, Phoenix, Az.)
Vendor Conference: TBD; notifications will be sent if necessary
Deadline: July 15, 2021
5:00 p.m. (local time, Phoenix, Arizona)
Town Representative: Robert Durham rdurham@fh.az.gov
* The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary.
OFFER
The undersigned (the "Bidder") hereby offers this Bid as an offer to contract with the Town under the terms
and conditions set forth in the contracts referenced above.
i
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
PW JOC 2021-001
2645892.1
1
EXHBIT A-1
TO
INVITATION FOR BID NO. PW JOC 2021-001
[Job Order/Scope/Pricing]
See following pages.
Project: Desert Vista Pedestrian Crossing Project Location: Fountain Hills, AZ
Project Manager: Justin Weldy
Item No. Item Description Unit 100% DATE: 5/25/2021
Quantity Unit Price Amount
1 Mobilization/Demobilization LS 1
2 Clearing and Grubbing LS 1
3 Construction Survey and Staking LS 1
4 SWPPP LS 1
5 Contractor QA/QC LS 1
6 Remove Tree, Diameter > 12" EA 4
7 Riprap, D50=6" CY 9
Subgrade Preparation SY 128
9 Aggregate Base Course, 6" Thick TN 40
10 Asphalt Concrete Pavement Surface Course, 2" Thick TN 15
11 Asphalt Concrete Pavement Base Course, 2" Thick TN 15
12 Portland Cement Concrete Pavement (PCCP) 9" Thick SY 23
13 Bituminous Tack Coat SS-1h, Diluted TN 0.04
14 Vertical Curb & Gutter, MAG Det 220, Type A, H=6" LF 288
15 Single Curb, MAG Det 222, Type A LF 80
8
Project: Desert Vista Pedestrian Crossing Project Location: Fountain Hills, AZ
Project Manager: Justin Weldy
Item No.
Item Description
Unit 100% DATE: 5/25/2021
Quantity Unit Price Amount
16 Concrete Sidewalk, MAG Det 230 SF 2,672
17 Concrete Sidewalk, 5 in Thick, Adjacent to Retaining Wall, Per Special Detail SF 948
18 Parallel Curb Ramp, MAG Det 238-3 (Modified) EA 1
19 Radial Parallel Curb Ramp, MAG Det 236-5 (Modified) EA 1
20 Directional Curb Ramp, MAG Det 237-3 EA 2
21 Truncated Domes SF 77
22 Adjust Valve Box & Cover, MAG Det 391-1 EA 2
23 Remove AC Pavement SY 128
24 Remove Concrete Curb and Gutter LF 288
25 Remove Sidewalk SF 226
26 Remove Existing Fire Hydrant EA 1
27 Relocate Sign EA 2
28 Traffic Control LS 1
29 RRFB Assembly LS 1
30 Landscape / Irrigation Restoration LS 1
31 Landscape Removals LS 1
32 Remove Thermoplastic Stripe LF 160
33 Remove Raised Pavement Marker EA 19
34 4" White Traffic Paint Stripe LF 2,590
35 4" White Thermoplastic Traffic Stripe (90 MIL) LF 2,590
Project: Desert Vista Pedestrian Crossing Project Location: Fountain Hills, AZ
Project Manager: Justin Weldy
Item No.
Item Description
Unit 100% DATE: 5/25/2021
Quantity Unit Price Amount
36 Thermoplastic Symbol (Yield Marking) EA 2
37 Thermoplastic Legend "PED XING" EA 4
38 Reflectorized Raised Pavement Marker (Type G, Clear, 1-Way) EA 26
39 Reflectorized Raised Pavement Marker (Type BB, Blue, 2-Way) EA 1
40 Perforated Sign Post (2S), ADOT Std. Dtl. S-3 LF 11
41 Perforated Sign Post (2 1/2T), ADOT Std. Dtl. S-3 LF 135
42 Perfoated Sign Post Foundation, ADOT Std. Dtl. S-3 EA 12
43 Flat Sheet Aluminum Sign Panel, Diamond Grade SF 114
44 Pole Foundation, Type A, Modifed per Detail EA 4
45 Concrete Scupper, MAG Det 206, S/W=6', 1-4' Curb opening (Modified) EA 3
46 Retaining Wall, Per Special Detail LF 260
47 3" PVC Sleeve LF 210
48 6" Ductile Iron Pipe Waterline w/ Fittings LF 5
49 Install New Fire Hydrant, Per MAG Det 360 & EPCOR Specifications EA 1
50 Relocate Backflow Preventer, Per EPCOR Specification EA 1
51 Reconnect Water Service LS 1
52 12" x 6" Tapping Sleeve and Valve EA 1
CONSTRUCTION SUBTOTAL $
53 Unidentified Item Allowance LS 1
CONSTRUCTION TOTAL $
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
PW JOC 2021-001
2645892.1
2
EXHIBIT B-1
TO
INVITATION FOR BID NO. PW JOC 2021-001
[Subcontractor Listing]
OFFER
The undersigned (the “Bidder”) hereby offers this Bid as an offer to contract with the Town under the terms
and conditions set forth in the respective JOC contracts with Town of Fountain Hills and certifies that
Bidder has read, understands and agrees to fully comply with, and be contractually bound by, all terms and
conditions as set forth in this Invitation For Bids (“IFB”), the Contract formed hereby (as defined below)
and any amendments thereto, together with all Exhibits, Specifications, Plans and other documents included
as part of this Contract (the “Contract Documents”).
Town of Fountain Hills
Business License Number: _____________________
Arizona Transaction (Sales) Privilege
Tax License Number: _________________________
Federal Employer Identification Number:
___________________________________________
___________________________________________
Contractor Name
___________________________________________
Address
___________________________________________
City State Zip Code
For Clarification of this Bid contact:
Name:
Telephone:
Facsimile:
Email:
Authorized Signature for Contractor
Printed Name
Title
ACCEPTANCE OF OFFER AND NOTICE OF AWARD
(FOR TOWN OF FOUNTAIN HILLS USE ONLY)
Effective Date: Contract No. Official File:
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST: APPROVED AS TO FORM:
Elizabeth Klein, Town Clerk Aaron D. Arnson, Town Attorney
ID
ID
MTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWAug 8, '21Aug 15, '21Aug 22, '21Aug 29, '21Sep 5, '21Sep 12, '21Sep 19, '21Page 3
MTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWAug 8, '21Aug 15, '21Aug 22, '21Aug 29, '21Sep 5, '21Sep 12, '21Sep 19, '21Page 4
EXHIBIT B - PROJECT SCHEDULE OF VALUESProject: Desert Vista Pedestrian Crossing Project Location: Fountain Hills, AZProject Manager: Justin WeldyQuantityUnit PriceAmount1Mobilization/DemobilizationLS1 $ 19,550.00 $ 19,550.00 2Clearing and GrubbingLS1 $ 18,630.00 $ 18,630.00 3Construction Survey and StakingLS1 $ 5,060.00 $ 5,060.00 4SWPPPLS1 $ 258.75 $ 258.75 5Contractor QA/QCLS1 $ 47,415.65 $ 47,415.65 6Remove Tree, Diameter > 12"EA4 $ 1,322.50 $ 5,290.00 7Riprap, D50=6"CY9 $ 299.00 $ 2,691.00 8Subgrade PreparationSY128 $ 32.20 $ 4,121.60 9Aggregate Base Course, 6" ThickTN40 $ 74.75 $ 2,990.00 10Asphalt Concrete Pavement Surface Course, 2" ThickTN15 $ 258.75 $ 3,881.25 11Asphalt Concrete Pavement Base Course, 2" ThickTN15 $ 247.25 $ 3,708.75 12Portland Cement Concrete Pavement (PCCP) 9" ThickSY23 $ 408.25 $ 9,389.75 13Bituminous Tack Coat SS-1h, DilutedTN0.04 $ 2,875.00 $ 115.00 14Vertical Curb & Gutter, MAG Det 220, Type A, H=6"LF288 $ 59.80 $ 17,222.40 15Single Curb, MAG Det 222, Type ALF80 $ 54.05 $ 4,324.00 Item No.Item DescriptionUnit100% DATE: 5/25/2021
EXHIBIT B - PROJECT SCHEDULE OF VALUESQuantityUnit PriceAmount16Concrete Sidewalk, MAG Det 230SF2,672 $ 12.94 $ 34,575.68 17Concrete Sidewalk, 5 in Thick, Adjacent to Retaining Wall, Per Special DetailSF948 $ 16.68 $ 15,812.64 18Parallel Curb Ramp, MAG Det 238-3 (Modified)EA1 $ 6,037.50 $ 6,037.50 19Radial Parallel Curb Ramp, MAG Det 236-5 (Modified)EA1 $ 6,325.00 $ 6,325.00 20Directional Curb Ramp, MAG Det 237-3EA2 $ 5,980.00 $ 11,960.00 21Truncated DomesSF77 $ 74.75 $ 5,755.75 22Adjust Valve Box & Cover, MAG Det 391-1EA2 $ 747.50 $ 1,495.00 23Remove AC PavementSY128 $ 6.90 $ 883.20 24Remove Concrete Curb and GutterLF288 $ 5.75 $ 1,656.00 25Remove SidewalkSF226 $ 4.03 $ 910.78 26Remove Existing Fire HydrantEA1 $ 2,300.00 $ 2,300.00 27Relocate SignEA2 $ 172.50 $ 345.00 28Traffic ControlLS1 $ 2,807.15 $ 2,807.15 29RRFB AssemblyLS1 $ 3,852.50 $ 3,852.50 30Landscape / Irrigation RestorationLS1 $ 3,247.60 $ 3,247.60 31Landscape RemovalsLS1 $ 1,725.00 $ 1,725.00 32Remove Thermoplastic StripeLF160 $ 1.15 $ 184.00 33Remove Raised Pavement MarkerEA19 $ 1.15 $ 21.85 344" White Traffic Paint StripeLF2,590 $ 0.46 $ 1,191.40 354" White Thermoplastic Traffic Stripe (90 MIL)LF2,590 $ 0.63 $ 1,631.70 Item No.Item DescriptionUnit100% DATE: 5/25/2021
EXHIBIT B - PROJECT SCHEDULE OF VALUESQuantityUnit PriceAmount36Thermoplastic Symbol (Yield Marking)EA2 $ 592.25 $ 1,184.50 37Thermoplastic Legend "PED XING"EA4 $ 862.50 $ 3,450.00 38Reflectorized Raised Pavement Marker (Type G, Clear, 1-Way)EA26 $ 4.60 $ 119.60 39Reflectorized Raised Pavement Marker (Type BB, Blue, 2-Way)EA1 $ 4.60 $ 4.60 40Perforated Sign Post (2S), ADOT Std. Dtl. S-3LF11 $ 17.25 $ 189.75 41Perforated Sign Post (2 1/2T), ADOT Std. Dtl. S-3LF135 $ 23.00 $ 3,105.00 42Perfoated Sign Post Foundation, ADOT Std. Dtl. S-3EA12 $ 431.25 $ 5,175.00 43Flat Sheet Aluminum Sign Panel, Diamond GradeSF114 $ 34.50 $ 3,933.00 44Pole Foundation, Type A, Modifed per DetailEA4 $ 2,587.50 $ 10,350.00 45Concrete Scupper, MAG Det 206, S/W=6', 1-4' Curb opening (Modified)EA3 $ 7,820.00 $ 23,460.00 46Retaining Wall, Per Special DetailLF260 $ 306.96 $ 79,810.38 473" PVC SleeveLF210 $ 345.00 $ 72,450.00 486" Ductile Iron Pipe Waterline w/ FittingsLF5 $ 460.00 $ 2,300.00 49Install New Fire Hydrant, Per MAG Det 360 & EPCOR SpecificationsEA1 $ 13,800.00 $ 13,800.00 50Relocate Backflow Preventer, Per EPCOR SpecificationEA1 $ 4,288.00 $ 4,288.00 51Reconnect Water ServiceLS1 $ 2,875.00 $ 2,875.00 5212" x 6" Tapping Sleeve and ValveEA1 $ 13,800.00 $ 13,800.00 $ 487,660.73 53Unidentified Item AllowanceLS1 $ 54,184.53 $ 54,184.53 $ 541,845.26 CONSTRUCTION TOTAL $Item No.Item DescriptionUnit100% DATE: 5/25/2021CONSTRUCTION SUBTOTAL $
EXHIBIT D - PROJECT SPECIFIC CONDITIONS
Inclusions
•Removal of AC pavement, concrete curbs, cutters, sidewalks, ramps.
•Removal of (4) trees, (1) fire hydrant,.
•Relocated existing backflow and reconnect water service.
•Furnish and install new 6" DIP, 3" PVC sleeving.
•Furnish and install (1) Tapping Sleeve and Valve, (1) new fire hydrant.
•Furnish and install new 9" thick concrete per KN 2 on PL01.
•Furnish and install new curbs, gutters, sidewalks, ramps.
•Includes truncated domes, concrete scuppers, and retaining walls.
•Includes rebar and footings.
•Includes rip rap.
•Includes installation of signal lights and footings. Equipment is excluded per Addenda #1 on 7/12/2021.
•Includes 10% owners allowance defined in line 53 and per Addenda #1.
•Includes material testing and inspection.
•Includes asphalt patch back and repair 4" A.C./6" A.B.C.
•Incudes expansion joints, reinforcing steel, wire mesh per plans.
•Includes traffic control and plan.
•Includes signage and stripping per plan.
•Includes survey & staking.
Exclusions
•Excludes any work outside of drawings.
•Excludes furnishing of RRFB poles.
•Excludes bond and permit.
Qualifications
•Proposal is based on the project being completed during regular work hours.
•Proposal includes traffic control.
•Quantities in proposals are for breakout purposes, not for added or deductive scope change.
•Pricing is valid for 30 days from date of proposal.
Scope of Work
Project: Desert Vista Pedestrian Crossing
Project Location: Fountain Hills, AZ
TOWN OF FOUNTAIN HILLS - DESER VISTA PARK CROSSWALK
EXHIBIT E - LIST OF PROJECT PLANS AND SPECIFICATIONS
Sheet No. Sheet Title Rev
Drawing Date Stamp Date Notes
CV01 COVERSHEET 5/25/21 3/31/24
GN01 GENERAL NOTES AND LEGEND 5/25/21 3/31/24
DT01 ROADWAY DETAILS 5/25/21 3/31/24
PL01 ROADWAY PLANS 5/25/21 3/31/24
SK01 SIDEWALK STAKING PLAN 5/25/21 3/31/24
SW01-SW03 SIDEWALK RAMP & CROSSWALK DETAILS 5/25/21 3/31/24
SM01-SM02 SIGNING & MARKING LAYOUT 5/25/21 3/31/24
SM03 RRFB SCHEDULE 5/25/21 3/31/24
1-14 IFB PW JOC 2021-001 6/24/21 IFB DOCUMENTS (PAGES 1-14)
EMAIL Addenda #1 E-mail from Robert Durham 7/12/21
1
Project:Desert Vista Pedestrian Crossing
Date:7/15/2021
1 Bid based on plans darted 6-28-21 and addendum #1 email dated 7-12-21
2 Permits and Fees from City or County are not included. By Owner.
3 Payment & Performance Bond is not included.
4 Liability Insurance is included
5 Builders Risk is included.
6 Encroachment/ROW permits are not include per conversation with Justin Weldy at Town of Fountain
Hills.
7 Cost increases to raw materials caused by natural disasters or unforeseen price increase or escalation
is not included in our proposal.
8 Project duration is based on the attached schedule. Start date is based on executed contract, agreed
upon Notice to Proceed date and issuance of building permit.
9 Gross Receipts Tax for County, State, and town, a combined tax rate of 9.2% with contracting prime
tax factor, no other tax is included.
10 Proposal is good for 30-days from date of this bid
11 Grade on back side of new sidewalk along N. Saguaro is not addressed. We have carried an allowance
of $13,750 to re-grade & shape up to approx. 6 feet back of walk.
12 There are no landscape plans to address replacement of plant material, irrigation, or DG; we've
included an allowance of $30,000 for this work
13 Message boards for traffic control is not included
ASSUMPTIONS & CLARIFICATIONS
2645892.1
INVITATION FOR BID—current JOC vendors
(Contract No. 2019-006A; 2019-006B; 2019-006C2019-006C1; 2019-006C2; 2019-006C)
Desert Vista Pedestrian Crossing Project
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
SOLICITATION INFORMATION AND SCHEDULE*
Solicitation Number: PW JOC 2021-001
Release Date: June 24, 2021
Final Date for Inquires: July 2 , 2021 5:00 p.m.
(local time, Phoenix, Az.)
Vendor Conference: TBD; notifications will be sent if necessary
Deadline: July 15, 2021
5:00 p.m. (local time, Phoenix, Arizona)
Town Representative: Robert Durham rdurham@fh.az.gov
* The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary.
OFFER
The undersigned (the "Bidder") hereby offers this Bid as an offer to contract with the Town under the terms
and conditions set forth in the contracts referenced above.
i
Project: Desert Vista Pedestrian Crossing Project Location: Fountain Hills, AZ
Project Manager: Justin Weldy
Quantity Unit Price Amount
1 Mobilization/Demobilization LS 1 $5,512.00 $5,512
2 Clearing and Grubbing LS 1 $0
3 Construction Survey and Staking LS 1 $4,615.00 $4,615
4 SWPPP LS 1 $5,297.00 $5,297
5 Contractor QA/QC LS 1 $0
6 Remove Tree, Diameter > 12"EA 4 $0
7 Riprap, D50=6"CY 9 In line 30
8 Subgrade Preparation SY 128 $455.61 $58,318
9 Aggregate Base Course, 6" Thick TN 40 $0
10 Asphalt Concrete Pavement Surface Course, 2" Thick TN 15 $1,212.67 $18,190
11 Asphalt Concrete Pavement Base Course, 2" Thick TN 15
incl in line 10
12 Portland Cement Concrete Pavement (PCCP) 9" Thick SY 23 $99.21 $2,282
13 Bituminous Tack Coat SS-1h, Diluted TN 0.04 $0
14 Vertical Curb & Gutter, MAG Det 220, Type A, H=6"LF 288 $35.28 $10,161
15 Single Curb, MAG Det 222, Type A LF 80 $33.07 $2,646
Item No.Item Description
Unit 100% DATE: 5/25/2021
Project: Desert Vista Pedestrian Crossing Project Location: Fountain Hills, AZ
Project Manager: Justin Weldy
Quantity Unit Price Amount
Item No.Item Description
Unit 100% DATE: 5/25/2021
16 Concrete Sidewalk, MAG Det 230 SF 2,672 $5.51 $14,723
17 Concrete Sidewalk, 5 in Thick, Adjacent to Retaining Wall, Per Special Detail SF 948 $22.05 $20,903
18 Parallel Curb Ramp, MAG Det 238-3 (Modified)EA 1 $1,654.00 $1,654
19 Radial Parallel Curb Ramp, MAG Det 236-5 (Modified)EA 1 $2,480.00 $2,480
20 Directional Curb Ramp, MAG Det 237-3 EA 2 $2,480.00 $4,960
21 Truncated Domes SF 77 $44.10 $3,396
22 Adjust Valve Box & Cover, MAG Det 391-1 EA 2 $0
23 Remove AC Pavement SY 128 $84.41 $10,804
24 Remove Concrete Curb and Gutter LF 288 in line 24
25 Remove Sidewalk SF 226 in line 24
26 Remove Existing Fire Hydrant EA 1 in line 49
27 Relocate Sign EA 2 $0
28 Traffic Control LS 1 $88,934.00 $88,934
29 RRFB Assembly LS 1 $4,409.00 $4,409
30 Landscape / Irrigation Restoration LS 1 $33,073.00 $33,073
31 Landscape Removals LS 1 $0
32 Remove Thermoplastic Stripe LF 160 $17.23 $2,757
33 Remove Raised Pavement Marker EA 19 $8.30 $158
34 4" White Traffic Paint Stripe LF 2,590 $2.34 $6,048
35 4" White Thermoplastic Traffic Stripe (90 MIL)LF 2,590 in line 34
Project: Desert Vista Pedestrian Crossing Project Location: Fountain Hills, AZ
Project Manager: Justin Weldy
Quantity Unit Price Amount
Item No.Item Description
Unit 100% DATE: 5/25/2021
36 Thermoplastic Symbol (Yield Marking)EA 2 $992.18 $1,984
37 Thermoplastic Legend "PED XING"EA 4 $1,378.03 $5,512
38 Reflectorized Raised Pavement Marker (Type G, Clear, 1-Way)EA 26 $5.51 $143
39 Reflectorized Raised Pavement Marker (Type BB, Blue, 2-Way)EA 1 $11.02 $11
40 Perforated Sign Post (2S), ADOT Std. Dtl. S-3 LF 11 in line 42
41 Perforated Sign Post (2 1/2T), ADOT Std. Dtl. S-3 LF 135 in line 42
42 Perfoated Sign Post Foundation, ADOT Std. Dtl. S-3 EA 12 $385.85 $4,630
43 Flat Sheet Aluminum Sign Panel, Diamond Grade SF 114 in line 42
44 Pole Foundation, Type A, Modifed per Detail EA 4 $7,836.75 $31,347
45 Concrete Scupper, MAG Det 206, S/W=6', 1-4' Curb opening (Modified)EA 3 $5,512.00 $16,536
46 Retaining Wall, Per Special Detail LF 260 $330.73 $85,990
47 3" PVC Sleeve LF 210 $330.73 $69,453
48 6" Ductile Iron Pipe Waterline w/ Fittings LF 5 $2,204.84 $11,024
49 Install New Fire Hydrant, Per MAG Det 360 & EPCOR Specifications EA 1 $13,229.04 $13,229
50 Relocate Backflow Preventer, Per EPCOR Specification EA 1 $4,109.82 $4,110
51 Reconnect Water Service LS 1 $2,756.00 $2,756
52 12" x 6" Tapping Sleeve and Valve EA 1 in line 48
CONSTRUCTION SUBTOTAL $548,045
53 Unidentified Item Allowance LS 1 $0
54 Material Testing LS 1 $7,525.00 $7,525
55 Joint Sealants LS 1 $1,700.00 $1,700
56 General Conditions LS 1 $117,065.00 $117,065
57 Insurance LS 1 $16,299.00 $16,299
58 Sales Tax LS 1 $48,012.00 $48,012
58 Profit LS 1 $64,230.00 $64,230
CONSTRUCTION TOTAL $802,876
OFFER
The undersigned (the “Bidder”) hereby offers this Bid as an offer to contract with the Town under the terms
and conditions set forth in the respective JOC contracts with Town of Fountain Hills and certifies that
Bidder has read, understands and agrees to fully comply with, and be contractually bound by, all terms and
conditions as set forth in this Invitation For Bids (“IFB”), the Contract formed hereby (as defined below)
and any amendments thereto, together with all Exhibits, Specifications, Plans and other documents included
as part of this Contract (the “Contract Documents”).
Town of Fountain Hills
Business License Number: _____________________
Arizona Transaction (Sales) Privilege
Tax License Number: _________________________
Federal Employer Identification Number:
___________________________________________
___________________________________________
Contractor Name
___________________________________________
Address
___________________________________________
City State Zip Code
For Clarification of this Bid contact:
Name:
Telephone:
Facsimile:
Email:
Authorized Signature for Contractor
Printed Name
Title
ACCEPTANCE OF OFFER AND NOTICE OF AWARD
(FOR TOWN OF FOUNTAIN HILLS USE ONLY)
Effective Date: Contract No. Official File:
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST: APPROVED AS TO FORM:
Elizabeth Klein, Town Clerk Aaron D. Arnson, Town Attorney
ID
ID
ID
ID
K:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Roadway\CV01-191534016.dwg 5/25/2021 10:16 AM SEEGER, BILLY
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APPROVALGRADY MILLERJUSTIN WELDYGINNY DICKEYDAVID JANOVER P.E.DESERT VISTA PARK CROSSWALKS6064INDEX OF SHEETSPROJECT AREADSERT VISTA CROSSWALK PROJECT (QUINTO DR TO BOND DR) S6064 MAYORTOWN COUNCILTOWN MANAGERTOWN ENGINEERPUBLIC WORKS DIRECTORDAVID SPELICHGERRY FRIEDELSHARRON GRZYBOWSKIALAN MAGAZINEPEGGY MCMAHONMIKE SCHARNOWNORTHBOND DRQUINTO DR TOWER DR
KIMBERLY A.CARROLL34570dDateSigne...
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TOWN OF FOUNTAIN HILLS, ARIZONADESERT VISTA PARK CROSSINGIMPROVEMENT PLANS05/2105/2105/21DR:DATE:DES:DATE:CK:DATE:SCALE:SHT TOTALPROJ. NO.STATEARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Roadway\GN01-191534016.dwg 5/25/2021 10:17 AM SEEGER, BILLY
DWG SERIES No.7740 N. 16TH STREETSUITE 300PHOENIX, AZ 85020Phone: 602-944-5500Fax: 602-944-7423www.kimley-horn.comS606411KIMBERLY A.CARROLL34570dDateSigne...
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1 GENERAL NOTESGENERAL NOTES CONTINUEDSAFETY NOTICE TO CONTRACTORENGINEERS NOTICE TO CONTRACTORLEGENDNEWEXSTSYMBOL DESCRIPTIONACRONYM / ABBREVIATION DESCRIPTIONS2GENERAL NOTES AND LEGEND
TOWN OF FOUNTAIN HILLS, ARIZONADESERT VISTA PARK CROSSINGIMPROVEMENT PLANS05/2105/2105/21DR:DATE:DES:DATE:CK:DATE:SCALE:SHT TOTALPROJ. NO.STATEARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Roadway\DT01-191534016.dwg 5/25/2021 10:17 AM SEEGER, BILLY
DWG SERIES No.7740 N. 16TH STREETSUITE 300PHOENIX, AZ 85020Phone: 602-944-5500Fax: 602-944-7423www.kimley-horn.comS606411KIMBERLY A.CARROLL34570dDateSigne...
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3ROADWAY DETAILSDD
MATCHLINE STA. 14+50, SEE BELOW LEFT
MATCHLINE STA. 14+50, SEE ABOVE RIGHT
4ROADWAY PLANSN SAGUARO BLVDN SAGUARO BLVDTOWER DR
BOND DR
NORTHQUINTO DR
TOWN OF FOUNTAIN HILLS, ARIZONADESERT VISTA PARK CROSSINGIMPROVEMENT PLANS05/2105/2105/21DR:DATE:DES:DATE:CK:DATE:SCALE:SHT TOTALPROJ. NO.STATEARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Roadway\PL01-191534016.dwg 5/25/2021 10:18 AM SEEGER, BILLY
DWG SERIES No.S606411KIMBERLY A.CARROLL34570dDateSigne...
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TOWN OF FOUNTAIN HILLS, ARIZONADESERT VISTA PARK CROSSINGIMPROVEMENT PLANS05/2105/2105/21DR:DATE:DES:DATE:CK:DATE:SCALE:SHT TOTALPROJ. NO.STATEARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Roadway\SK01-191534016.dwg 5/25/2021 10:18 AM SEEGER, BILLY
DWG SERIES No.7740 N. 16TH STREETSUITE 300PHOENIX, AZ 85020Phone: 602-944-5500Fax: 602-944-7423www.kimley-horn.comS606411KIMBERLY A.CARROLL34570dDateSigne...
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MATCHLINE STA. 13+00, SEE BELOW LEFT
MATCHLINE STA. 13+00, SEE ABOVE RIGHT
MATCHLINE STA. 15+50, SEE BELOW LEFT
MATCHLINE STA. 15+50, SEE ABOVE RIGHT
5SIDEWALK STAKING PLANN SAGUARO BLVDN SAGUARO BLVDN SAGUARO BLVDBOND DR
QUINTO DR
TOWN OF FOUNTAIN HILLS, ARIZONADESERT VISTA PARK CROSSINGIMPROVEMENT PLANS05/2105/2105/21DR:DATE:DES:DATE:CK:DATE:SCALE:SHT TOTALPROJ. NO.STATEARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Roadway\SW01-191534016.dwg 5/25/2021 10:19 AM SEEGER, BILLY
DWG SERIES No.7740 N. 16TH STREETSUITE 300PHOENIX, AZ 85020Phone: 602-944-5500Fax: 602-944-7423www.kimley-horn.comS606411KIMBERLY A.CARROLL34570dDateSigne...
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6SIDEWALK RAMP & CROSSWALKDETAILSSAGUARO BLVDSAGUARO BLVDSAGUARO BLVDSAGUARO BLVDQUINTO DR
BOND DR
TOWER DR
TOWN OF FOUNTAIN HILLS, ARIZONADESERT VISTA PARK CROSSINGIMPROVEMENT PLANS05/2105/2105/21DR:DATE:DES:DATE:CK:DATE:SCALE:SHT TOTALPROJ. NO.STATEARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Roadway\SW02-191534016.dwg 5/25/2021 10:19 AM SEEGER, BILLY
DWG SERIES No.7740 N. 16TH STREETSUITE 300PHOENIX, AZ 85020Phone: 602-944-5500Fax: 602-944-7423www.kimley-horn.comS606411KIMBERLY A.CARROLL34570dDateSigne...
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7SIDEWALK RAMP & CROSSWALKDETAILS
TOWN OF FOUNTAIN HILLS, ARIZONADESERT VISTA PARK CROSSINGIMPROVEMENT PLANS05/2105/2105/21DR:DATE:DES:DATE:CK:DATE:SCALE:SHT TOTALPROJ. NO.STATEARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTION REV BY CKD BY DATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Roadway\SW03-191534016.dwg 5/25/2021 10:20 AM SEEGER, BILLY
DWG SERIES No.7740 N. 16TH STREETSUITE 300PHOENIX, AZ 85020Phone: 602-944-5500Fax: 602-944-7423www.kimley-horn.comS606411KIMBERLY A.CARROLL34570dDateSigne...
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8SIDEWALK RAMP & CROSSWALKDETAILS
TOWN OF FOUNTAIN HILLS, ARIZONA
DESERT VISTA PARK CROSSING
IMPROVEMENT PLANS
05/21 05/21 05/21
DR:
DATE:
DES:
DATE:
CK:
DATE:
SCALE:
SHT TOTALPROJ. NO.STATE
ARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Traffic\191534016_SM01.dwg 5/25/2021 2:09 PM MONTGOMERY, SARAHDWG SERIES No.
7740 N. 16TH STREET
SUITE 300
PHOENIX, AZ 85020
Phone: 602-944-5500
Fax: 602-944-7423
www.kimley-horn.com
S6064 11
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05 25 21PAVEMENT MARKING LEGEND
PED-XING LEGEND DETAIL
SIGNING AND PAVEMENT MARKING GENERAL NOTES
PED
XING
YIELD LINE DETAIL
HIGH VISIBILITY CROSSWALK DETAIL
9
SIGNING & MARKING NOTES
PEDXINGPEDXINGPEDXINGPEDXINGTOWN OF FOUNTAIN HILLS, ARIZONA
DESERT VISTA PARK CROSSING
IMPROVEMENT PLANS
05/21 05/21 05/21
DR:
DATE:
DES:
DATE:
CK:
DATE:
SCALE:
SHT TOTALPROJ. NO.STATE
ARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Traffic\191534016_SM02.dwg 5/25/2021 2:09 PM MONTGOMERY, SARAHDWG SERIES No.
7740 N. 16TH STREET
SUITE 300
PHOENIX, AZ 85020
Phone: 602-944-5500
Fax: 602-944-7423
www.kimley-horn.com
S6064 11
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SIGNING & MARKING LAYOUTTOWER DRBOND DRQUINTO DRAHEADAHEADYIELDTOHEREYIELDTOHEREYIELDTOHEREYIELDTOHEREBOND DRQUINTO DRSAGUARO BLVD
STOPBONDDR11600SAGUARO BLVD 11600
QUINTODR11700SAGUARO BLVD 11800
STOP STOPTOWERDR11800SAGUARO BLVD 11800FRONTAGE RD FRONTAGE RD
TOWN OF FOUNTAIN HILLS, ARIZONA
DESERT VISTA PARK CROSSING
IMPROVEMENT PLANS
05/21 05/21 05/21
DR:
DATE:
DES:
DATE:
CK:
DATE:
SCALE:
SHT TOTALPROJ. NO.STATE
ARIZ.REVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEREVISION BY TOWN OF FOUNTAIN HILLSNO.DESCRIPTIONREV BYCKD BYDATEK:\PHX_Roadway\191534016-Desert Vista Crosswalk\Cadd\12-Sheets\Traffic\191534016_SM03.dwg 5/25/2021 2:09 PM MONTGOMERY, SARAHDWG SERIES No.
7740 N. 16TH STREET
SUITE 300
PHOENIX, AZ 85020
Phone: 602-944-5500
Fax: 602-944-7423
www.kimley-horn.com
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RRFB SCHEDULE
POLE SCHEDULE
DETAIL A
GENERAL STRUCTURAL NOTES
DESIGN SPECIFICATIONS
CONSTRUCTION SPECIFICATIONS
DESIGN LOADS
FOUNDATION
COORDINATION
DIMENSIONS
DRILLED PIER SECTIONADRILLED PIER ELEVATION1
A
DETAIL B
Project Start
Total Cost
Justification
Funding Sources Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27
100,000 312,000
100,000 312,000 0 0 0 0 0
Project Expenses Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27
86,000
14,000 312,000
100,000 312,000 0 0 0 0 0
Operating Impact Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27
0 0 0 0 0 0 0
Other Impact $0
Total $0
Fund Type Total
Salaries/Benefits $0
Services/Supplies $0
Construction $326,000
Other Expenses $0
Total $412,000
Acquisition $0
Planning $0
Design $86,000
Unfunded $0
Total $412,000
Fund Type Total
Devel. Fees $0
Bonds $0
Other Sources $0
Downtown Strat.$0
General $0
Developer $0
Desert Vista Park currently has no pedestrian access. As it is located in an industrial area, there are very few
homes that can access the park without a vehicle. Currently there are no crosswalks between Shea Blvd and El
Lago Blvd to allow residents west of Saguaro to access the park. (Roughly three miles) An added crosswalk would
allow for increased usage for all ages as well as provide a safe crossing point.
Fund Type Total
Capital Projects $412,000
Grant $0
FY 20-21 Project End 2022
$412,000.00 FY21-22 Cost $312,000.00
Description Installation of a marked crosswalk with RRFB (Flashing beacons) across Saguaro Blvd to allow for pedestrian access
to Desert Vista Park.
Project Contact Rachael Goodwin Department Community Services
TOWN OF FOUNTAIN HILLS
FY21-22 CAPITAL IMPROVEMENT PROJECT
Date 12/9/2020 Priority Level High - Town Council Priority
Project Number S6064 Project Title Desert Vista Park Crosswalk
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Ordinance 21-11, amending Section 11-1-7, Noise, of the Town Code.
Staff Summary (Background)
This is a proposed text amendment to the Town Code. Text amendments to the Town Code do not
require the review and recommendation of the Planning and Zoning Commission. Given the subject of
this text amendment, however, staff determined it would be helpful to receive the input and
recommendation of this body before proceeding to the Town Council.
Article 11-1 of the Town Code addresses various offenses. Section 11-1-7 covers noise. This section
defines what is unacceptable noise and the procedures to abate issues. This section was last amended
two years ago when the Council added specific decibel limits to the ordinance.
While there is good reason to use a specific measurement, such as decibels, it has proven to be difficult
to implement over the last two years. For violations to hold up through prosecution, the decibel meter
being used must regularly be calibrated and accurate. Further, the deputies using the meter must be
trained in the use of the meter. Because it has been difficult to do these things, the Sheriff's Office has
not been using this provision in the ordinance when apparent noise violations have occurred.
The main noise complaints received by the Town over the last few years have been associated with
vacation rentals and events that occur at those homes. The current noise ordinance has not been
effective in addressing those issues. In response, the Town agreed to revisit the current noise
ordinance and propose modifications that would facilitate the enforcement of noise violations.
Town staff reviewed ordinances from other cities and towns and worked with the Sheriff's Office, the
Town Prosecutor, and Town Attorney to prepare the revised ordinance. The Prosecutor and Captain
Kratzer both agree the proposed new ordinance should be easier to use and enforce than the existing
ordinance.
The main change to the ordinance is to remove the specific decibel limits and replace them with other
objective criteria that can be used to determine if the noise coming from an activity is "unnecessary,
unusual, or unreasonable noise that is excessive, disruptive, and/or annoying."
Section B of the ordinance provides two new definitions, one for Noise Sensitive Area and one for
Unruly Gathering. The definition for Noise Sensitive Area will help provide protection during the day to
residential neighborhoods and the definition for Unruly Gathering will be helpful with enforcement at
the vacation homes and in other similar situations where large parties occur.
Section C of the ordinance is the portion of the code that eliminates the current use of the decibel
approach and creates the new standards. This section of the ordinance establishes five conditions
which can be considered noise violations if they occur during specific times. These are:
Causing or allowing any noise by using, operating or permitting to be played any electronic music
device, television, amplifier, musical instrument, or instrument, machine or device used for the
production, reproduction or emission of sound.
1.
Causing or allowing any noise in connection with the loading or unloading or operation of any
vehicle.
2.
Using, or allowing use, of landscape maintenance equipment prior to 5:00 am.3.
Using or allowing use of hand or power tools or any other machinery or equipment not otherwise
permitted in the town code.
4.
Participating in or allowing any malicious or willful shouting, yelling, screaming, or any other form
of raucous vocalization by a person or group of people.
5.
During the hours from 10:00 pm to 6:00 am, these conditions can be found to be a violation if they:
Produce any excessive, disruptive, and/or annoying noise, which is clearly audible from a distance
of 200 feet or further from the sound source; and
Are continuous or intermittent for a period of at least fifteen (15) minutes; and
Disturb the peace and quiet of a neighborhood or a reasonable person of ordinary sensibilities.
During the hours from 6:00 am to 10:00 pm these conditions can be found to be a violation in noise
sensitive areas if they meet the criteria above and disturb the peace of a neighborhood or a minimum of
any two or more persons not occupying the same residence or physical location, and are not exempted
in this or any other town code or ordinance.
Section D of the ordinance discusses Prohibited Noise and states: "It is unlawful for any person to make,
allow, enable or create excessive noise, which disturbs the peace or quiet of a neighborhood, family, or
reasonable person of ordinary sensibilities. For purposes of this subsection, the determination of
prohibited noise shall be made based upon the circumstances existing at the time and place of the
violation and the standards established in section 11-1-7(c). For making a determination that noise is
prohibited pursuant to this section, a reasonable person of ordinary sensibilities may include any
Maricopa County Sheriff’s deputy or other town employees designated by the town manager to enforce
this section."
Section E of the ordinance addresses unruly gatherings and states: "A peace officer may abate an unruly
gathering by reasonable means including, but not limited to, citation and/or order dispersal of the
persons attending the gathering."
Sections F - H are unchanged from the current ordinance.
Section I addresses exemptions from the ordinance. One of the exemptions is being modified to
address an issue we have been facing with regard to maintenance of golf courses. The current
ordinance language allows for landscape maintenance to occur during daylight hours. This has
presented two problems. One is understanding when it is "daylight." In the cooler months when the
sun comes up later, there are times when some golf course maintenance crews have gotten started well
before daylight to have the course ready for the first golfers. Establishing a specific time in the
ordinance will help with enforcement of this problem. Based on our review of when the golf course
maintenance crews typically want to start work, setting the specific time of 5:00 am will make the
ordinance easier to enforce.
Related Ordinance, Policy or Guiding Principle
Town Code Section 11-1-7 Noise
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission discussed this proposed text amendment at their regular meeting
on July 12, 2021. Because it is not a change to the Zoning Ordinance, they were not required to provide
a recommendation to the Council on the proposed amendment. Based on their discussion, there was
concern with making the proposed change and the Commission did not make a formal
recommendation. The primary concern with the change to the ordinance is elimination of the decibel
measurement; there was concern that the new standards for enforcement are too subjective. The
Commissioners wondered if it would be possible to leave the decibel approach and add the new
standards to give multiple ways to use and enforce the code. They also asked if it would be possible to
increase the fines associated with the violations.
Staff Recommendation(s)
Staff recommends adoption of the ordinance as proposed.
SUGGESTED MOTION
MOVE to adopt Ordinance 21-11.
Attachments
Ordinance 21-11
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 06/21/2021 12:52 PM
Development Services Director (Originator)John Wesley 08/10/2021 01:54 PM
Town Attorney Aaron D. Arnson 08/10/2021 02:15 PM
Town Manager Grady E. Miller 08/10/2021 03:22 PM
Form Started By: John Wesley Started On: 06/09/2021 10:47 AM
Final Approval Date: 08/10/2021
ORDINANCE NO. 21 - 11
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11, OFFENSES, BY AMENDING SECTION
11-1-7 NOISE
RECITALS:
WHEREAS, the Town Council desires to amend Chapter 11, Offenses, Section 11-1-7 Noise, to
provide a more effective means of addressing noise issues.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth
herein.
SECTION 2. Chapter 11, Offenses, Article 11-1, Offenses, Section 11-1-7, Noise, is
amended as follows:
Section 11-1-7 Noise
A. Purpose. The purpose of this section is to promote the health and general welfare of the
citizens and businesses of the Town by balancing the need to protect the peace and quiet
enjoyment of residential neighborhoods and business districts FROM UNNECESSARY,
UNUSUAL, OR UNREASONABLE NOISE THAT IS EXCESSIVE, DISRUPTIVE,
AND/OR ANNOYING AGAINST THE NEED TO PROMOTE AND ENCOURAGE
COMMERCIAL, BUSINESS, AND RESIDENTIAL ACTIVITY, MAINTENANCE, AND
against unreasonable noise with the legitimate goal of promoting and encouraging commercial,
business, and residential growth in the community.
B. Definitions. The following words, terms and phrases, when used in this section, have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
“A band level” means the total sound level of all noise as measured with a sound level meter
using an A-weighting network. The unit is the dB(A).
“Complainant” means a person who files a noise complaint.
“Decibel” means a sound pressure that is 20 times the logarithm to the base 10 of the ratio of the
pressure of sound to the reference pressure, 2 x 10 -5 newton/meter2.
“Emergency work” means any (a) work performed to prevent or alleviate physical trauma or
property damage threatened or caused by an emergency that has or may result in a disruption of
service and that is necessary to restore property to a safe condition following a public calamity,
(b) work required to protect the health, safety or welfare of persons or property or (c) work by
private or public utilities when restoring utility service.
"NOISE SENSITIVE AREA" MEANS REAL PROPERTY NORMALLY USED FOR
SLEEPING OR NORMALLY USED AS A SCHOOL, CHURCH, HOSPITAL OR PUBLIC
LIBRARY.
“Noise violation” means any noise created that IS PROHIBITED BY THIS SECTIONexceeds
the maximum limits as specified in this section or that is unreasonable under the circumstances
existing at the time and place of the violation.
“Sound level (noise level)” means the sound measured with the A-weighting and slow response
by a sound level meter.
“Sound level meter” means an instrument including a microphone, an amplifier, an output meter
and frequency weighting networks for the measurement of sound levels that satisfies the
pertinent requirements for Type 1 sound level meters as set forth in the most recent version of
American Standard Specifications for Sound Level Meters ANSI S1.4-1983.
“Sound source” means the cause and location of the noise.
“UNRULY GATHERING” MEANS A GATHERING OF FIVE (5) OR MORE PERSONS
ON ANY PRIVATE RESIDENTIAL OR COMMERCIAL PROPERTY, WHICH
DISTURBS THE PEACE AND QUIET OF A NEIGHBORHOOD OR A REASONABLE
PERSON OF ORDINARY SENSIBILITIES BY PRODUCING EXCESSIVE NOISE AS
PROHIBITED UNDER THIS SECTION AND MAY INCLUDE IMPEDING TRAFFIC,
OBSTRUCTION OF PUBLIC STREETS BY CROWDS OR VEHICLES, USING OR
POSSESSING ILLEGAL DRUGS, DRINKING IN PUBLIC AREAS, THE SERVICE OF
ALCOHOL TO MINORS OR CONSUMPTION OF ALCOHOL BY MINORS,
FIGHTING, LITTERING, OR SIMILARLY DISRUPTIVE ACTIVITIES.
C. PROHIBITED NOISES, STANDARD Measurement Standard. Where applicable, sound
level shall be measured with a sound level meter operated in accordance with the manufacturer’s
guidelines and instructions.
THE FOLLOWING ACTIVITIES IN 1 – 5 BELOW ARE PROHIBITED AT ANY
LOCATION WITHIN THE JURISDICTIONAL LIMITS OF THE TOWN AFTER 10:00
P.M. BUT BEFORE 6:00 A.M. IF THEY:
A. PRODUCE ANY EXCESSIVE, DISRUPTIVE, AND/OR ANNOYING NOISE,
WHICH IS CLEARLY AUDIBLE FROM A DISTANCE OF 200 FEET OR FURTHER
FROM THE SOUND SOURCE; AND
B. ARE CONTINUOUS OR INTERMITTENT FOR A PERIOD OF AT LEAST
FIFTEEN (15) MINUTES; AND
C. DISTURB THE PEACE AND QUIET OF A NEIGHBORHOOD OR A
REASONABLE PERSON OF ORDINARY SENSIBILITIES.
THE SAME ACTIVITIES MAY BE PROHIBITED AFTER 6:00 A.M. BUT BEFORE 10:00
P.M. IN NOISE SENSITIVE AREAS IF THEY MEET ALL THREE CRITERIA LISTED
ABOVE, DISTURB THE PEACE OF A NEIGHBORHOOD OR A MINIMUM OF ANY
TWO OR MORE PERSONS NOT OCCUPYING THE SAME RESIDENCE OR
PHYSICAL LOCATION, AND ARE NOT EXEMPTED IN THIS OR ANY OTHER TOWN
CODE OR ORDINANCE.
1. CAUSING OR ALLOWING ANY NOISE BY USING, OPERATING OR
PERMITTING TO BE PLAYED ANY ELECTRONIC MUSIC DEVICE,
TELEVISION, AMPLIFIER, MUSICAL INSTRUMENT, OR INSTRUMENT,
MACHINE OR DEVICE USED FOR THE PRODUCTION, REPRODUCTION OR
EMISSION OF SOUND.
2. CAUSING OR ALLOWING ANY NOISE IN CONNECTION WITH THE
LOADING OR UNLOADING OR OPERATION OF ANY VEHICLE.
3. USING, OR ALLOWING USE, OF LANDSCAPE MAINTENANCE
EQUIPMENT PRIOR TO 5:00AM.
4. USING OR ALLOWING USE OF HAND OR POWER TOOLS OR ANY OTHER
MACHINERY OR EQUIPMENT NOT OTHERWISE PERMITTED IN THE
TOWN CODE.
5. PARTICIPATING IN OR ALLOWING ANY MALICIOUS OR WILLFUL
SHOUTING, YELLING, SCREAMING, OR ANY OTHER FORM OF RAUCOUS
VOCALIZATION BY A PERSON OR GROUP OF PEOPLE.
D. Per Se Noise Violations.
1. Subject to the complaint processing provisions in subsection (D)(2) of this section, it shall be
a violation of this section to emit or allow to be emitted noise in excess of the permissible noise
levels set forth in Table 1 below.
Time Decibel dB(A)
Table 1 Permissible Noise
Levels:
6:00 a.m. to 10:00 p.m. 70
10:00 p.m. to 6:00 a.m. 50
2. Complaint Processing. After receiving a noise complaint from a complainant, an individual
authorized under subsection H of this section shall measure the noise level with such
measurements being made where the complainant’s peace and quiet was disturbed. The
authorized individual shall determine a per se noise violation has occurred when the decibel
levels at the complainant’s location exceed the maximum decibel levels set forth in Table 1
above.
3. The 10:00 p.m. cutoff may be extended to 11:00 p.m. in conjunction with a temporary use
permit issued by the Town pursuant to Section 2.03 of the Town Zoning Ordinance.
E. Violations for PROHIBITEDUnreasonable Noise. It is unlawful for any person to make,
ALLOW, ENABLE or create EXCESSIVE unreasonable noise, WHICHwith intent to
disturbS the peace or quiet of a neighborhood, family, or REASONABLE person, OF
ORDINARY SENSIBILITIES. FOR PURPOSES OF THIS SUBSECTION, THE
DETERMINATION OF PROHIBITED NOISE SHALL BE MADE BASED UPON THE
CIRCUMSTANCES EXISTING AT THE TIME AND PLACE OF THE VIOLATION
AND THE STANDARDS ESTABLISHED IN SECTION 11-1-7(C). or with knowledge of
doing so. FOR MAKING A DETERMINATION THAT NOISE IS PROHIBITED
PURSUANT TO THIS SECTION, A REASONABLE PERSON OF ORDINARY
SENSIBILITIES MAY INCLUDE ANY MARICOPA COUNTY SHERIFF’S DEPUTY
OR OTHER TOWN EMPLOYEES DESIGNATED BY THE TOWN MANAGER TO
ENFORCE THIS SECTION.For purposes of this subsection, the determination of
unreasonable noise shall be made based upon the circumstances existing at the time and place of
the violation and independently of subsection D of this section.
E. UNRULY GATHERING; ABATEMENT. A PEACE OFFICER MAY ABATE AN
UNRULY GATHERING BY REASONABLE MEANS INCLUDING, BUT NOT
LIMITED TO, CITATION AND/OR ORDER DISPERSAL OF THE PERSONS
ATTENDING THE GATHERING.
F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck, loud
speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any
instrument of any kind or character that emits loud and raucous noises and is attached to and
upon any vehicle.
G. Braking Devices. It shall be unlawful for the driver of any vehicle to use or operate or cause
to be used or operated within the Town any compression release or other engine braking device
designed to aid in the braking or deceleration of any vehicle which results in noise in excess of
that which would otherwise be produced from such vehicle without such braking device. The
provisions of this subsection do not apply to public safety vehicles or to any vehicle while
descending Golden Eagle Boulevard.
H. Violations. The Town Manager or designee, code official or Town-designated law
enforcement officer may issue civil citations pursuant to subsection 1-8-3(D) to enforce
violations of this section. After civil enforcement as set forth in subsection 1-8-3(FD), any
Town-designated law enforcement officer or the Town Prosecutor may issue criminal complaints
pursuant to subsection 1-8-2(A) to enforce this section.
I. Exemptions. The following uses and activities shall be exempt from Town noise level
regulations:
1. Noises resulting from air-conditioning equipment when such equipment is in proper operating
condition.
2. Noises resulting from LANDSCAPElawn maintenance equipment AFTER 5:00
A.M.operated during daylight hours when such equipment is functioning with all mufflers and
standard noise-reducing equipment in use and in proper operating condition.
3. Noises of safety signals, warning devices and emergency pressure relief valves.
4. Noises resulting from an authorized emergency vehicle when responding to an emergency
call or acting in time of emergency.
5. Noises resulting from emergency work.
6. Church chimes or bells.
7. Any noise created by any Town or Town contractor vehicles, equipment or facilities while
being operated or utilized for official business.
8. Noises resulting from a special event being held pursuant to a Town-issued special event
permit.
9. An unamplified human voice.
10. Noises resulting from an event being held by a school.
J. Other Remedies. Nothing in this section shall be construed as affecting the ability of the Town
or other body to initiate or continue concurrent or subsequent criminal prosecution of any person
for any violations of the provisions of the Town Code or State law arising out of the
circumstances necessitating the application of this section.
SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
15th day of June, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickie, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING,
CONSIDERATION, AND POSSIBLE ACTION: Ordinance No. 21-02, establishing Section 2.08, Citizen
Participation, in the Zoning Ordinance.
Staff Summary (Background)
Background
Development projects that include public hearings for general plan amendments, rezoning, and/or
Special Use Permits (SUP), are processed in a manner to encourage and include input and participation
by surrounding property owners. This is done by notifying property owners within 300 feet of the site of
the public hearing. Notice is provided by mail, publication in the newspaper, and posting the property.
These surrounding property owners have a stake in the existing neighborhood and will be most
impacted by the proposed changes and development.
The General Plan sets the stage for what can happen with the development of a piece of property. Any
rezonings that occur on a property must be consistent with the general plan. A proposed change to the
general plan affects what zoning can go on a property and what can be built.
Each zoning district contains a number of uses permitted by right. Most zoning districts also include
uses or activities that can be allowed only through approval of a Special Use Permit by the Town Council
following recommendation by the Planning and Zoning Commission.
When the general plan designation changes, a property is rezoned, or a SUP is granted, it is important
that the surrounding neighbors are involved in the decision-making process and have the opportunity to
voice any concerns or objections. After these actions is approved there are generally no other
opportunities for citizens to impact the design or development process.
As developers move through the entitlement process, they begin to layout the design of the property
and buildings. Early in the process, it is generally easier to impact the design of the property and
buildings before a number of design decisions are made and costs are incurred in the design process.
Therefore, it is important and beneficial to receive citizen input and feedback as early as possible. Often
by the time an application gets to the public hearing stage for a rezoning or SUP, it is very difficult to
make impactful changes or modifications to a proposal.
To address this issue, many cities and towns include in their zoning ordinance a requirement for the
applicant in land use cases to incorporate a citizen participation effort during the entitlement process.
Citizen participation requirements differ from public hearing requirements in that they occur early in
the process and have the objective of providing an opportunity for dialogue between the applicant and
the developer. These citizen participation requirements mandate that the applicant take some steps
prior to going to the public hearing to notify surrounding property owners about the proposed
development and provide them an opportunity to provide input. The applicants are then required to
submit a report stating what they did to provide the opportunity for input, what input was received, and
how they responded to that input.
The Fountain Hills zoning ordinance does not include a required citizen participation process. It is
proposed that such a requirement be added to the zoning ordinance. The proposed new Section 2.08 of
the zoning ordinance, as described below, is attached for your review.
Section A of the ordinance requires that the applicant submit a Citizen Participation Plan with
their application. The Plan needs to state who they are going to contact (at a minimum this is the
property owners in the required public hearing notice area), a general description of how
interested persons can obtain information about the proposed development, how the
applicants plans to contact those on the contact list, a description of the schedule for
implementation of the plan, and a statement as to how the applicant will keep the Town informed
of comments received.
Section B of the ordinance requires the applicant to file a Citizen Participation Report prior to the
item going to its first public hearing. The Report must describe any issues or concerns raised and
how they were addressed (which can be a statement that they did not make any changes), include
a list of people who made contact with the applicant through the citizen participation process,
and provide a description of all input received from interested parties.
Section C of the ordinance lists the type of information that needs to be supplied to the public
when they are notified of the proposal to ensure they have a picture of what is being proposed.
Section D of the ordinance states that if the Development Services Director determines the
ordinance was not followed or the efforts to work with the public were insufficient to provide
meaningful public input, that the application can be postponed, rescheduled, or denied.
Section E of the ordinance makes it clear that the information and notices provided to implement
the Citizen Participation Ordinance are different from the public hearing notices that occur prior
to a hearing.
The goal of the ordinance is to ensure a person owning property near a proposed development has the
opportunity to be informed about a proposed development and provide early comments without
hamstringing the applicant into a specific method of providing the information and receiving the
feedback. Pre-pandemic the typical option would be to hold a public meeting. During the
pandemic many people learned how to put on and attend virtual meetings. The ordinance provides the
opportunity to provide for the public review and input virtually through emails, online meetings,
websites, traditional in-person meetings, etc. The ordinance also does not require applicants to make
changes to their project due to public input, only that they report on the input received and how they
responded. The hope is that applicants would make reasonable changes to address
concerns beforehand so those issues would not have to be addressed in a public meeting.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.01 Amendments or Zone Changes
Zoning Ordinance Section 2.02 Special Use Permits
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission considered this item at its regular meetings on April 12 and July
12, 2021 (Case Z2020-12).
At the first meeting members of the Commission had some questions and concerns they wanted staff to
review and consider for possible adjustments to the proposed ordinance. Those items were:
To reduce the Homeowner's Associations or registered neighborhoods to be included in the
notification regarding the planned development to those with property within the standard
notification area (300'). Staff has made that change in Section A. 1. B.
Include virtual meetings in the options for informing citizens and receiving feedback. That was an
option in the previous draft ordinance, but not specifically listed. Section A. 3. now specifically
lists this as one of the options. There was also some discussion of making a virtual meeting a
requirement. Staff has chosen to not make it a requirement in the ordinance. This is because of
the range of types of cases that might have to implement a citizen participation plan. We have,
however, added a set of guidelines to be used along with the ordinance. Those guidelines are
attached. Those guidelines encourage virtual meetings, especially for larger projects and
applications being processed during the summer months when many residents are out of town.
Require a checklist of ordinance requirements to demonstrate the development will comply with
all ordinances, or highlight which ones will not be met, so they can be recognized and discussed.
This one was more challenging for a number of reasons. Citizen Participation Plans will be
required with general plan amendments, rezonings, and special use permits. Only the special use
permit application requires a site plan. Therefore, at this stage of a project the developer may not
know what site plan challenges they may have that would result in a need to deviate from the
ordinance. We do not want to create a false sense that just because no deviations were listed at
this point that there will not be some in the future. Further, there are so many ordinances that a
list would be very long and cumbersome to put together and use. As an alternative, staff has
added a new Section C. 4. which requires the applicant to include "a list of any identified
deviations from standard ordinance requirements being considered or requested for the
development." This will at least get the applicant, staff, and citizens thinking about the topic and
considering any potential issues.
Require staff to attend any meetings held between the applicant and neighbors. There is a
concern that the applicant may not paint a clear picture of the project or properly represent
commitments made during the meeting. The challenges with this approach are that, given the
nature of the application there may not be organized meetings, some information flow can
happen outside of an organized meeting, and the emphasis is to create dialogue between the
applicant and neighbors - having staff in a meeting tends to shift the emphasis and have staff be
the go between. As an alternative, staff has included in the guidelines that staff is to be notified
of any meetings and may attend. This provides flexibility to the individual situation without
making it an ordinance requirement.
During its meeting in July, the Commission further discussed the ordinance and received comments from
the public in support of the ordinance. Based on their review they requested a few minor modifications
to the proposed ordinance then voted unanimously to recommend approval.
Staff Recommendation(s)
Staff recommends approval of Ordinance 21-02.
SUGGESTED MOTION
MOVE to approve Ordinance 21-02.
Attachments
Guidelines
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 06/23/2021 10:06 AM
Development Services Director (Originator)John Wesley 08/10/2021 03:44 PM
Town Attorney Aaron D. Arnson 08/10/2021 04:04 PM
Town Manager Grady E. Miller 08/11/2021 06:17 AM
Form Started By: John Wesley Started On: 06/09/2021 11:03 AM
Final Approval Date: 08/11/2021
Citizen Participation Guidelines
Every application for a general plan amendment, special use permit, or rezoning shall follow the
requirements contained in Section 2.08 of the Town’s Zoning Ordinance for the implementation of a
Citizen Participation process. The following guidelines are provided to assist applicants in carrying out
this ordinance requirement.
Note: The requirements for providing and implementing a Citizen Participation Plan are separate from
and do not substitute for the public hearing notice that will take place prior to a public hearing. Those
notice requirements (mailed notice, posting the property, and publishing in the local newspaper) will also
be followed to inform the public of the hearings.
The purpose of the Citizen Participation Process is to:
1. Ensure that applicants pursue early and effective citizen participation in conjunction with their
application, providing the applicant with an opportunity to understand and address any real or
perceived impacts their development may have on the community;
2. Ensure that citizens, property owners, and neighbors have an adequate opportunity to learn
about proposed developments that may affect them and to work with applicants to resolve
potential concerns at an early stage of the process;
3. Provide flexible means for applicants and citizens to engage using the means most appropriate
for the given project and the technologies available to include property owners who are in town
and out of town; and,
4. Facilitate communication between the applicant, interested citizens and property owners, and
Town staff, throughout the application review process.
The Citizen Participation Plan is not intended to produce complete consensus on all development
proposals, but is intended to encourage applicants to be good neighbors and to allow for informed
decision-making.
It is advised that applicants discuss their Citizen Participation Plan with staff prior to finalization of the
Plan to help ensure the goals and intent of the Town are being met and reduce the possibility of delay
later in the process.
An applicant may submit a Citizen Participation Plan and begin implementation prior to formal
application, but not until after consultation with Planning staff.
Citizen Participation Plan
The Citizen Participation Plan must be submitted with a General Plan Amendment, Rezoning, or Special
Use Permit application. Failure to submit a complete Plan meeting the requirements of the Ordinance
and/or failing to implement the Plan may result in postponement of the public hearing for the
associated application.
At a minimum, the Citizen Participation Plan shall include the following information:
1. A list of residents, property owners, interested parties, political jurisdictions and public agencies
which may be affected by the proposed development;
2. How those interested in, and potentially affected by, a proposed development will be notified
that such application has been made;
3. How those interested and potentially affected parties will be informed (e.g. mailing, going door-
to-door, etc.) of the substance of the change, amendment, development, or other action
proposed by the application;
4. How those affected or otherwise interested will be provided an opportunity to discuss the
proposal with the applicant and express any concerns, issues, or problems they may have with
the proposal in advance of the public hearing (e.g. group meeting, virtual meeting, email, phone,
etc.);
5. The applicant's schedule for completion of the Citizen Participation Plan; and
6. How the applicant will keep the Development Services Department informed on the status of
their citizen participation efforts.
Notification List: The level of citizen interest and area of involvement will vary depending on the nature
of the application and the location of the site. The typical target area for notification of an application
is:
1. Property owners within the required public hearing notice area (currently set at 300’);
2. Any HOA’s or other recognized neighborhood groups within that same notice area;
3. The Town Planning Division (Town staff may attend meetings); and,
4. Any other persons who have communicated with the Development Services Department their
desire to be notified of any development proposals.
Notice Contents: The information provided to the people on the contact list needs to provide those
receiving the information sufficient information to have a clear picture of what is being proposed. The
information must include, at a minimum, a:
1. Location map clearly identifying the parcel(s) involved;
2. A site plan showing the nature of the development being proposed (if an existing building is
being used with no modifications an aerial image can be used);and,
3. A narrative that further explains the proposed development including, but not limited to:
a. Requested general plan designations or zoning designation, as appropriate;
b. Anticipated time frame for development; and,
c. Any deviations from standard code anticipated with the development.
Citizen Notice and Input Options: As stated above, the Ordinance allows flexibility to the applicant in
establishing methods to be used to provide information and receive comments. Care should be taken
when preparing the Plan to establish methods appropriate for the location of the property, nature of the
request, and time of year the application will be processed. Applications involving new construction
should consider a more involved process compared to one that is simply adding a use to an existing
building. Virtual meetings are strongly recommended as a component of the Plan for more significant
development proposals being processed during the summer months.
Citizen Participation Report
Applicants shall provide a written report on the results of their citizen participation effort at least ten
(10) Town business days prior to the first scheduled public hearing for the development. This report will
be attached to the staff report.
At a minimum, the citizen participation report shall include the following information:
1. Details of techniques the applicant used to involve the public, including:
a. Dates and locations of all meetings (virtual or in person) where citizens were invited to
discuss the applicant's proposal; and
b. Copies of all materials used to communicate to the contact list including content of notices,
dates when material was provided, social media posts, and numbers of mailings, including
letters, meeting notices, newsletters and other publications.
2. The number of people who participated in the process.
3. A summary of concerns, issues and problems expressed during the process, including:
a. The substance of the concerns, issues and problems;
b. How the applicant has addressed or intends to address concerns, issues and problems
expressed during the process;
c. Concerns, issues and problems the applicant is unwilling or unable to address and why.
[Example Citizen Participation Plan]
Citizen Participation Plan for Joe’s Drive-thru Special Use Permit
Date:
Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners,
and nearby neighborhood associations of the special use permit application for a new
restaurant with a drive-thru. This plan will ensure that those affected by this application will
have an adequate opportunity to learn about and comment on the proposal.
Applicant:
Joe Smith
1232 E. Purple Lane
Phoenix, Arizona 85500
(602) 555-1212
email: grayl2l@yellow.com
Location: The property being considered for this SUP is located at the northwest corner of A
and B streets (see attached location map.)
Action Plan: In order to provide effective citizen participation in conjunction with this
application, the following actions will be taken to provide opportunities to understand and
address any real or perceived impacts of the development that members of the community
may have.
1. A contact list will be developed for citizens and HOA’s within 300’ of the project
location.
2. All persons listed on the contact list will receive a letter describing the project, project
schedule, site plan and invitation to a series of two neighborhood meetings to be held at
Pink Jr. High. The letter will also include access information for anyone wanting to
attend the meetings virtually.
• The first meeting will be an introduction to the project, and opportunity to ask
questions and state concerns. A sign-in list will be used and comment forms
provided. Copies of the sign-in list and any comments will be submitted with the
Citizen Participation Report.
• The second meeting will be held two weeks later and will include responses to
questions and concerns of the first meeting. A sign-in list and comment cards will
be provided to the Town with the Citizen Participation Report.
3. Presentations will be made to groups of citizens or neighborhood associations upon
request. Copies of the sign-in list and any comments will be submitted with the Citizen
Participation Report.
Schedule:
Mail letters by February 20, 2022
First neighborhood meeting March 15, 2022
Second neighborhood meeting (if necessary): April/May 2022
[Citizen Participation Report Example]
Citizen Participation Report for Joe’s Drive-thru Special Use Permit
Case #:
Date of Report:
Overview: This report provides results of the implementation of the Citizen Participation
Plan for Joe’s Drive-thru. This site is located at northwest corner of A and B Streets. This
report provides evidence that citizens, neighbors, and interested persons have had
adequate opportunity to learn about and comment on the proposed plans and actions
addressed in the application. Comments, sign-in lists, petitions, letters, summary sheets,
and other materials are attached.
Contact:
Joe Smith
1232 E. Purple Lane
Phoenix. Arizona 85500
(602) 555-1212
Email: gray121@yellow.com
Neighborhood Meetings: The following are dates and locations of all meetings where
citizens were invited to discuss the applicant’s proposal [comments, sign in lists and
other feedback are attached];
1. {Date} – Pink Jr. High, 7 P.M. to 8 P.M. - 45 citizens in attendance; 10 virtually
2. {Date} – Pink Jr. High, 7 P.M. to 7:30 P.M. – 13 citizens in attendance; 3 virtually
Correspondence and Telephone Calls:
1. 1st letters mailed to contact list (150) on {Date}, including all property owners and one
HOA within 300’
2. 2nd letters mailed to contact list on {Date}
3. Project published in the "Fountain Hills Times" newspaper on {Date}
4. Established website and other social media accounts related to the project on {Date}
5. {Date} meet with adjacent neighbors X, Y, and Z on site to discuss the proposed
development
7. {Date – Date} received and responded to 7 emails with questions and comments
about the proposed development
Results:
There are 167 persons on the contact list as of the date of this Citizen Participation Report
(see attached)
1. Summary of concerns, issues and problems:
• Increased traffic in adjacent neighborhood
• Increased noise
• Increase in trash
• There are too many drive-thru restaurants in our Town, don’t need any more
2. How concerns issues and problems were addressed:
• Traffic will be routed to arterials more directly to avoid impact to neighborhood
• Speaker boxes will be oriented away from the adjacent neighborhood
• Trash receptacle will be placed next to exit from drive thru lane
3. Concerns, issues and problems not addressed and why:
• Applicant has little control on trash after customers leave the property
• Our market research shows a need for this drive-thru restaurant, it is our
business model, will continue to request the SUP
ORDINANCE NO. 21-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 2, PROCEDURES, ADDING SECTION 2.08,
CITIZEN PARTICIPATION
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 2 of the Zoning Ordinance, Procedures,
to add Section 2.08, Citizen Participation; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the March 24, 2021 and
March 31, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
April 12, 2021 and by the Town Council on May 18, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 2, Procedures, is amended by adding Section 2.08,
Citizen Participation, as follows:
Section 2.08 Citizen Participation
A. CITIZEN PARTICIPATION PLAN. EVERY APPLICATION FOR A MAJOR OR MINOR
GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT, OR SPECIAL USE
PERMIT SHALL BE ACCOMPANIED BY A CITIZEN PARTICIPATION PLAN
DESIGNED TO PROVIDE EFFECTIVE AND EARLY PUBLIC PARTICIPATION INTO
THE PROPOSED GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT OR
SPECIAL USE PERMIT. THE CITIZEN PARTICIPATION PLAN SHALL INCLUDE, AT
A MINIMUM, THE FOLLOWING:
1. A CONTACT LIST OR METHOD FOR NOTIFYING ADJACENT LANDOWNERS
AND OTHER POTENTIALLY AFFECTED CITIZENS OF THE PROPOSED
ACTION, THAT SHALL INCLUDE, BUT IS NOT LIMITED TO:
ORDINANCE 21-02 PAGE 2
(A) PROPERTY OWNERS WITHIN THE MAXIMUM PUBLIC HEARING
NOTICE AREA REQUIRED FOR THE APPLICABLE TYPE OF
APPLICATION;
(B) HOMEOWNERS ASSOCIATIONS AND OTHER NEIGHBORHOOD
ASSOCIATIONS AS IDENTIFIED BY THE TOWN THAT ARE LOCATED
WITHIN THE PUBLIC HEARING NOTICE AREA REQUIRED FOR THE
APPLICABLE TYPE OF APPLICATION;
(C) INTERESTED PARTIES THAT HAVE REQUESTED THAT THEY BE
PLACED ON A CONTACT LIST FOR THESE TYPES OF
APPLICATIONS; AND,
(D) OTHER INTERESTED PARTIES THAT MAY HAVE BEEN IDENTIFIED
BY THE TOWN.
2. A GENERAL DESCRIPTION OF HOW INTERESTED PERSONS MAY OBTAIN
INFORMATION OR UPDATES ABOUT THE PROJECT, SUCH AS
NEWSLETTERS, MAILINGS, SOCIAL MEDIA, AND MEETINGS.
3. A GENERAL DESCRIPTION OF HOW INTERESTED PERSONS WILL BE
PROVIDED AN OPPORTUNITY TO DISCUSS THE PROPOSAL WITH THE
APPLICANT, SUCH AS NEIGHBORHOOD MEETINGS, PHONE CONTACTS,
E-MAIL, VIRTUAL MEETINGS, OR DOOR-TO-DOOR VISITS.
4. THE APPLICANT’S PROPOSED SCHEDULE FOR IMPLEMENTATION OF
THE CITIZEN PARTICIPATION PLAN.
5. A STATEMENT EXPLAINING HOW THE APPLICANT PLANS TO KEEP THE
TOWN INFORMED ON THE STATUS OF THE IMPLEMENTATION OF ITS
CITIZEN PARTICIPATION PLAN, SUCH AS PROVIDING STAFF COPIES OF
NOTICES PRIOR TO MEETINGS WITH CITIZENS, AND CONTACT LISTS
USED TO NOTIFY POTENTIALLY AFFECTED CITIZENS.
B. CITIZEN PARTICIPATION REPORT. APPLICANTS SHALL PROVIDE A WRITTEN
CITIZEN PARTICIPATION REPORT TO THE TOWN DETAILING THE RESULTS OF
THE CITIZEN PARTICIPATION PLAN AT LEAST 10 TOWN BUSINESS DAYS PRIOR
TO THE FIRST SCHEDULED PUBLIC HEARING. THE CITIZEN PARTICIPATION
REPORT SHALL INCLUDE:
1. A LIST OF NAMES OF ALL CITIZENS AND INTERESTED PARTIES WHO
CONTACTED THE APPLICANT REGARDING THE PROPOSAL OR
ATTENDED ANY MEETINGS OR PRESESNTATIONS WHETHER IN PERSON
OR VIRTUALLY;
2. A SUMMARY OF CITIZEN CONCERNS, ISSUES, AND PROBLEMS
EXPRESSED DURING THE CITIZEN PARTICIPATION PROCESS AND HOW
THESE HAVE BEEN ADDRESSED; AND,
ORDINANCE 21-02 PAGE 3
3. COPIES OF COMMENT LETTERS, PETITIONS, EMAILS, AND OTHER
PERTINENT INFORMATION RECEIVED FROM CITIZENS OR OTHER
INTERESTED PARTIES.
C. THE APPLICANT MUST PROVIDE POTENTIALLY AFFECTED CITIZENS WITH
ENOUGH INFORMATION TO CREATE A REASONABLY ACCURATE PORTRAYAL
OF THE NATURE AND SCALE OF THE PROPOSED APPLICATION INCLUDING:
1. A GENERAL LOCATION MAP SHOWING THE PROPERTY OR AREA
CONSIDERED BY THE APPLICATION IN CONTEXT WITH SURROUNDING
PROPERTY;
2. A SPECIFIC SITE LOCATION MAP;
3. A TENTATIVE DEVELOPMENT PLAN OR SITE PLAN, AS APPLICABLE FOR
THE PROPOSED APPLICATION;
4. A LIST OF ANY IDENTIFIED DEVIATIONS FROM STANDARD ORDINANCE
REQUIREMENTS BEING CONSIDERED OR REQUESTED FOR THE
DEVELOPMENT;
5. THE CURRENT GENERAL PLAN OR ZONING CLASSIFICATION AND
AUTHORIZED USES OF THE PROPERTY OR AREA CONSIDERED BY THE
APPLICATION AND ANY PROPOSED CHANGES; AND,
6. THE ANTICIPATED SCHEDULE FOR DEVELOPMENT.
D. FAILURE TO COMPLY WITH THE CITIZEN PARTICIPATION PROVISIONS OF THIS
SECTION, OR A DETERMINATION BY THE DEVELOPMENT SERVICES DIRECTOR
THAT SUCH EFFORTS WERE INSUFFICIENT TO PROVIDE ADEQUATE
OPPORTUNITIES FOR CITIZEN PARTICIPATION, MAY RESULT IN
POSTPONEMENT, RESCHEDULING, OR DENIAL OF AN APPLICATION.
E. THE REQUIREMENTS IN THIS SECTION APPLY IN ADDITION TO ANY NOTICE
PROVISIONS REQUIRED ELSEWHERE IN THIS ZONING ORDINANCE OR BY THE
ARIZONA REVISED STATUTES.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
17th day of August, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
ORDINANCE 21-02 PAGE 4
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of a Special Use Permit to allow four residential units at an existing
building located at 16842, 16843, 16844 and 16845 E. Avenue of the Fountains (generally located north
of Avenue of the Fountains, between Saguaro Blvd. and Verde River Dr.) and in the C-2 (Intermediate
Commercial) Zoning District and the Entertainment Overlay District. SU 2021-04
Staff Summary (Background)
The subject property consists of an existing building located within Plat 208, north of Avenue of the
Fountains, and approximately halfway between Saguaro Blvd. and Verde River Drive. It is zoned C-2
(Intermediate Commercial) and is contained within the Planned Shopping Center and Entertainment
Overlay Districts. The building's exact year of construction is unclear, but historical aerial photographs
confirm it was built sometime between 1977 and 1986. Sofrita's restaurant occupies a portion of the
first floor and faces the Avenue. The subject for this application include two units on the first floor
behind the restaurant and two units on the second floor. All four units are currently vacant.
The applicant intends to convert each unit to residential apartments, complete with kitchen, living room
and two bedrooms. Each unit will be brought to compliance with the 2018 International Building Code,
which may require modifications to the exterior of the building. The extent of modifications will be
determined when the applicant files for a building permit. No additional on-site parking will be required
in Plat 208.
Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving
neighborhoods. One of the items listed is having a variety of housing types. This section includes
policies to encourage a broad range of housing types affordable to all income ranges and a range of
housing types and densities consistent with the character area.
Section III of the General Plan includes the information on the Character Areas in the Town. More
specifically, the subject property is within the Town Center, where a highly integrated mix of uses is
encouraged. However, the Plan recommends residential uses above the first floor, while envisioning
commercial uses at the street level. This is further echoed by the Downtown Specific Area Plan. In
staff's opinion, the ground-floor units behind Sofrita's restaurant are historically underutilized and offer
poor visibility for commercial activity. Thus, a residential conversion could better ensure their long-term
use while contributing to the overall vision of a vibrant town center.
The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning
districts with the approval of a Special Use Permit (SUP). Furthermore, Section 25.03 allows residential
uses on the second floor above a building with a maximum of 8 dwelling units per acre, but a greater
density would require a Special Use Permit. Section 2.02 of the zoning ordinance establishes the process
and criteria for consideration of a SUP. Section 2.02 D. 5. of the zoning ordinance states:
5. In order to recommend approval of any use permit, the findings of the Commission must be that the
establishment, maintenance, or operation of the use or building applied for will not be detrimental to
the public health, safety, peace, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use, nor shall it be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the Town.
This area has been zoned and platted for commercial uses prior to incorporation of the Town. It is still
the desire of the Town to have this be a successful commercial center. The question is whether allowing
four residential apartments on the property would be detrimental to the health, safety and welfare of
Plat 208 and the downtown area. Staff believes adding residential uses would add a complement to the
range of retail, office, and service-oriented uses in the area.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.02 - Special Use Permits
Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3
Zoning District
Zoning Ordinance Section 25.04 - Uses Subject to Special Use Permit in the Entertainment Overlay
District
General Plan 2020, Section II: Thriving Neighborhoods
General Plan 2020 Character Areas, Table 1 Character Area Plan
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission reviewed and considered this request at their regular meeting on
July 12, 2021. The applicant and his architect both attended the meeting and provided a brief summary
of their intentions with the building. There were no other citizens present who wished to speak on this
item. The Commission recommended approval of the Special Use Permit with a 4-2 vote. Chairman Gray
and Commissioner Kovacevic voted against the motion.
Staff Recommendation(s)
Staff recommends approval of this Special Use Permit.
SUGGESTED MOTION
MOVE to approve the Special Use Permit to allow four residential units in an existing building located at
16842, 16843, 16844, 16845 E. Avenue of the Fountains.
Attachments
Vicinity Map
Narrative
Site Plan
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 07/28/2021 10:21 AM
Form Started By: Farhad Tavassoli Started On: 07/28/2021 08:48 AM
Final Approval Date: 07/28/2021
CASE:
SU2021-04
SITE / ADDRESS:
16842-16843-16844-16845 E. Avenue of
the Fountains
APN #176-05-075 & 176-05-076
REQUEST:
SPECIAL USE PERMIT to allow four
residential units at an existing building
located at 16842-16843-16844-16845 E.
Avenue of the Fountains (generally located
north of Avenue of the Fountains, between
Saguaro Blvd. and Verde River Dr.) and in
the C-2 (Intermediate Commercial) Zoning
District and the Entertainment Overlay
District.
Site Location
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Grady E. Miller, Town Manager
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Authorizing Mayor Ginny Dickey to vote on behalf of the Town of Fountain Hills on
proposed resolutions at the 2021 Annual League of Cities and Towns Conference.
Staff Summary (Background)
The 2021 Annual Arizona League of Cities and Towns Conference will take place August 31 through
September 3, 2021. An important part of the conference is consideration and possible approval of
resolutions which form the basis of the legislative policy agenda for the 2022 Legislative Session. After
adoption of the resolutions, the League staff will take the lead in trying to find legislators to serve as
sponsors of the bills relating to the approved resolutions.
The Resolutions Committee will be meeting on Tuesday, August 31, at 1:30 p.m. to discuss and act on
the proposed resolutions. Then on Thursday, September 2, at 4:00 p.m., the League's Executive
Committee will review and consider taking formal action on the resolutions.
The following policy committees (with representation from our elected officials denoted below) were
involved in discussing important policy matters and identifying possible resolutions to address them:
Budget, Finance and Economic Development (Councilmember Sharron Grzybowski)
Neighborhoods, Sustainability and Quality of Life (Councilmember Peggy McMahon)
Public Safety, Military Affairs, and the Courts (Councilmember David Spelich)
Transportation, Infrastructure and Public Works (Councilmember Mike Scharnow)
General Administration, Human Resources and Elections (No representation)
Mayor Dickey emailed the attached resolutions packet to the Town Council on July 14, 2021. At the
Town Council meeting on August 17, 2021, the Town Council will have an opportunity to discuss the
following four proposed resolutions and provide direction, if so desired, to Mayor Dickey.
Amend statute to allow cities and towns to amend their budgets after the initial budget has
passed while following the notice and hearing statutes and with strong oversight and approval
requirements.
Amend state statute to specify a period when cities and towns may prohibit the use of
permissible fireworks and modify the definitions of illegal and permissible fireworks.
Simplify the statutory mechanisms to dissolve water and wastewater districts once an area
Simplify the statutory mechanisms to dissolve water and wastewater districts once an area
incorporates or gets annexed to relieve the tax burden on the citizens, if the city or town provides
the same service that had been performed by the district, or the district service is no longer
needed.
Seek legislative and/or non-legislative solutions, working with housing and homeless advocates,
the Department of Housing, and state legislators, to provide local governments, regional partners,
and continuum of care providers additional resources to combat street homelessness in our
communities.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends Council approval.
SUGGESTED MOTION
MOVE to authorize Mayor Dickey to vote on behalf of the Town on the proposed resolutions to be
considered at the 2021 Annual Conference of Arizona League of Cities and Towns.
Attachments
2021 League Resolutions Packet
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/10/2021 07:18 AM
Town Attorney Aaron D. Arnson 08/10/2021 08:38 AM
Town Manager (Originator)Grady E. Miller 08/10/2021 08:42 AM
Form Started By: Grady E. Miller Started On: 08/09/2021 10:28 AM
Final Approval Date: 08/10/2021
July 14, 2021
Dear Mayor,
As chair of the 2021 League Resolutions Committee, it is my pleasure to provide this packet for
your participation in the Resolutions Committee at this year’s League Annual Conference. The
chairs of five League Policy Committees will present the Resolutions discussed in their respective
committees to the Resolutions Committee.
Included in this packet you will find:
• Resolutions Committee Calendar
• Resolutions Committee Procedures
• Policy Committee Reports and Resolutions
As the first order of business at the conference, the Resolutions Committee will meet on Tuesday,
August 31, 2021, at 1:30 p.m. Lunch will be available starting at 12:30 p.m. The actions of the
full Resolutions Committee will be formally adopted at the League’s Annual Business Meeting on
Thursday, September 2, 2021, at 4:00 p.m.
If you have not accepted your appointment or designated a council representative to serve your
city/town on the 2021 Resolutions Committee, please make that appointment here.
We look forward to having all member cities and towns participate on the Resolutions Committee.
If you have any questions or comments regarding the Resolutions Committee, your appointment,
or the resolutions submittal process, please do not hesitate to contact the League office.
Sincerely,
Mayor Doug Nicholls, Yuma
League Vice President
Enclosures
cc (via email): Managers, Clerks without Managers, Intergovs
2
2021 Resolutions Committee Calendar
May-June: Policy Committees meet
July 9: League sends email requesting mayors or council designees register to
represent their city/town on Resolutions Committee.
July 10: League sends out resolutions packet to membership.
August 31: Resolutions Committee Meeting
September 2: Resolutions ratified at the Annual Business Meeting
3
League of Arizona Cities and Towns
Resolutions Committee Procedures
1. Resolutions Committee Appointment
At least two (2) months prior to the Annual Conference, the President shall appoint
members of the Resolutions Committee. The League Vice-President shall serve as chair
of the Resolutions Committee. Only one elected official from each city or town shall be
appointed to the Committee and shall cast the vote of such city or town. Municipal staff
are ineligible to serve on the committee.
2. Duties
The Resolutions Committee shall adopt statements of policy amending the annual
Municipal Policy Statement, special resolutions and such other resolutions of courtesy,
commendation or appreciation as the Committee deems appropriate.
3. Submission of Resolutions
A. Except as otherwise provided, all proposed resolutions submitted by a city or town,
including resolutions of courtesy, commendation, or appreciation, must be considered
by the Policy Committees by submitting the resolution to the Chairman of the
Committee or to the League office. The resolutions process allows cities and towns to
submit policy ideas to the League at any time during the year without the requirement
of a co-sponsoring city or town. If approved by a policy committee, League staff will
draft the resolution for presentation to the full Resolutions Committee. Sponsoring
cities and towns, or other interested stakeholders may be consulted to provide more
information on the idea and may be invited to speak to the issue at one of the policy
committee meetings.
B. Except in the case of emergency as determined by the Chair of the Resolutions
Committee, no resolutions submitted by a city or town after the deadline specified in
subsection A of this section or that have not been vetted by the Policy Committees may
be considered.
C. League staff may submit resolutions for consideration by the full Resolutions
Committee if there are issues that have not been addressed through the policy
committee process.
4. Resolutions Committee Process
A. The Vice-President shall assign submissions to the relevant Policy Committee. The
Policy Committees will review submissions and develop pertinent resolutions for
consideration by the Resolutions Committee. Except for the provisions of subsection 3,
only resolutions advanced by the Policy Committees shall be discussed at the Annual
Conference Resolutions Committee.
B. Resolutions shall be amended according to the process established by the Chairman of
the Committee.
C. The completed resolutions will go to the full Resolutions Committee at the Annual
Conference for consideration. The chairs of each policy committee will be responsible
4
for presenting the resolutions and their committee activities to the full Resolutions
Committee. Notice shall be given to each member at least four weeks in advance of the
meeting.
5. Final Report
After the Resolutions Committee meeting, the Chairman of the Committee or a
designee shall report to the entire league membership at the Annual Business Meeting
those resolutions adopted by the Committee. Resolutions adopted by the Committee
shall be formally adopted by the membership at the Annual Business Meeting and
become the basis for the annual Municipal Policy Statement.
5
Policy Committee Reports
The following policy committee reports, and resolutions are arranged in alphabetical order. The
recommended resolutions are categorized by their respective committee initials and numbered
according to the order in which they were approved.
Budget, Finance and Economic Development – BFED
General Administration, Human Resources and Elections – GAHRE
Neighborhoods, Sustainability and Quality of Life – NSQL
Public Safety, Military Affairs, and the Courts – PSMAC
Transportation, Infrastructure and Public Works – TIPW
6
Number Resolution Sponsor Notes
BFED 2
Amend statute to allow cities and towns to amend their
budgets after the initial budget has passed while following the
notice and hearing statutes and with strong oversight and
approval requirements.
Maricopa
GAHRE 1 Simplify the statutory mechanisms to dissolve water and
wastewater districts once an area incorporates or gets annexed
to relieve the tax burden on the citizens, if the city or town
provides the same service that had been performed by the
district, or the district service is no longer needed.
Maricopa
NSQL 4 Amend state statute to specify a period when cities and towns
may prohibit the use of permissible fireworks and modify the
definitions of illegal and permissible fireworks.
Glendale/Mesa
NSQL 5 Seek legislative and/or non-legislative solutions, working with
housing and homeless advocates, the Department of Housing,
and state legislators, to provide local governments, regional
partners, and continuum of care providers additional resources
to combat street homelessness in our communities.
League Staff
These are the only items that will be voted on. The other submissions that did not move forward as resolutions will be explained at the
Resolutions Committee.
7
Chair’s Report of the Budget, Finance and Economic Development Policy Committee
Mayor Kevin Hartke, Chandler
Resolutions Committee Meeting, League Annual Conference
On May 5, 2021, the Budget, Finance and Economic Development committee (BFED) convened to
discuss three policy issue submitted by League staff, Scottsdale, and Maricopa. Below is a summary of
the issue considered:
1. Voter approved local revenue. League Staff (BFED 1)
Below is a summary of the committee discussion and recommendations:
Tom Savage of League staff presented BFED 1 regarding a study of legal considerations for the state’s
voter-approved local revenue (VALR) sharing. This issue was prompted by the legislature’s proposed
FY22 state budget, which included a $1.9B income tax cut. Because of the reduction, city and town
budgets would be impacted since they receive 15% of state income tax collections. Their proposal would
result in a $300M annual impact on cities and towns. Since the 1972 VALR is not voter protected, the
League would like to study legal considerations of any future proposal to reduce the state’s income tax
to zero and determine what recourse cities and towns would have if such a proposal were introduced and
enacted into law. After discussion, the committee voted unanimously to recommend further study and
discussion at a later scheduled policy committee.
2. Budget amendments. Maricopa (BFED 2)
Vice Mayor Nancy Smith introduced BFED 2, which proposes to amend state statute to allow cities and
towns to amend their budget after it has been adopted. VM Smith provided examples of situations where
a municipality would need to use this authority. She explained the proposal would require adhering to
the required budget adoption procedures and expenditure limitations. Some committee members
expressed concerns about the proposal's scope and suggested it be tailored to allow budget amendments
for limited purposes, a fixed percentage increase, or limited to certain times of the year.
After questions and comments, the committee agreed to table the issue until the June meeting to further
study.
3. Affordable housing tax credit. Scottsdale (BFED 3)
Councilmember Tami Caputi introduced BFED 3, which seeks to support state legislation that will
establish an affordable housing tax credit and provided an explanation for its introduction. Tom Savage
of League staff explained that the proposed FY22 state budget includes establishing an affordable
housing tax credit. He also explained the proposal was part of the League’s prior year legislative agenda.
After a brief discussion and comments in support, the committee approved the issue as a resolution to be
considered by the Resolutions Committee only if the tax credit proposal does not pass in the FY22
budget.
8
On June 3, 2021, the BFED committee reconvened to discuss one policy issue submitted by Maricopa
that was continued from the previous meeting. Below is a summary of the issue considered:
4. Budget amendments. Maricopa (BFED 2)
Below is a summary of the committee discussion and recommendations:
Maricopa Mayor Christian Price presented BFED 2. Mayor Price emphasized the necessity to have the
flexibility to amend local budgets. He cited an example regarding economic development opportunities
that could be delayed if the city or town must wait until the next fiscal year to accommodate the project.
Some committee members suggested the proposal be narrow in scope to have a viable proposal that
would pass the legislature. Dale Wiebusch from Maricopa suggested keeping it broad enough to allow
flexibility to work with legislators to fine-tune the enabling legislation.
After discussion and comments provided by committee members, the committee voted unanimously to
present the issue as a resolution at the annual conference.
BFED Disposition by Committee
1 Voter approved local revenue Approved for further study
2 Budget amendments Approved to be considered as a
resolution.
3 Affordable housing tax credit Approved to be considered as a resolution
only if the proposal is not included in the
FY22 state budget.
Kevin Hartke
Mayor of Chandler
Chair, Budget, Finance and Economic Development
9
BFED 2
League of Arizona Cities & Towns Resolution
Amend statute to allow cities and towns to amend their budgets after the initial budget has passed
while following the notice and hearing statutes and with strong oversight and approval requirements.
A. Purpose and Effect of Resolution
Circumstances arise that may create the need to alter a municipal budget after its adoption. Not being
able to amend the budget throughout the year limits the capacity to respond effectively to emergencies,
unforeseen challenges, or development opportunities. The current law ties up funds that could be used in
other more responsible ways, for example, pulling money from reserves to build a road for a new
commercial enterprise. Cities and towns can process budget amendments with distinct and well-
purposed intentions rather than have a large contingency fund with undefined or unforeseen emergency
usages.
B. Relevance to Municipal Policy
Cities need the flexibility to react to changing situations in their community. Extensive commercial or
development project opportunities can require municipal infrastructure investments to bring jobs, retail
options, and home building that goes beyond what typical budgets can project. Unexpected revenue
increases take place, allowing the city to consider using those funds to immediately re-invest into the
community and not having to wait a year to include them in the following fiscal year’s budget.
Unforeseen emergencies with events such as COVID-19 and others can present Arizona cities with
budgetary challenges.
C. Fiscal Impact to Cities and Towns
No direct impact.
D. Fiscal Impact to the State
None
E. Contact Information:
Sponsoring City or Town: Maricopa
Name: Nancy Smith, vice mayor
Phone: (520) 316-6822
Email: nancy.smith@maricopa-az.gov
League Staff: Tom Savage
10
Chair’s Report of the General Administration, Human Resources and Elections Committee
Mayor Alexis Hermosillo, El Mirage
Resolutions Committee Meeting, League Annual Conference
On June 2, 2021, the General Administration, Human Resources and Elections Committee (GAHRE)
convened to discuss two policy issues submitted by Maricopa and Chandler. Below is a summary of the
issues considered by GAHRE:
1. Simplify the statutory mechanisms to dissolve water and wastewater districts once an area
incorporates or gets annexed to relieve the tax burden on the citizens, if the city or town provides
the same service that had been performed by the district, or the district service is no longer
needed. Maricopa (GAHRE1)
2. Allow League staff to do further study on statutory or administrative changes needed to allow for
the clear use of blockchain technology in elections can be researched, and, if needed and desired,
legislation could be pursued in the future. Chandler (GAHRE2)
Below is a summary of the committee discussion and recommendations:
Maricopa submitted Policy Issue GAHRE1 that would simplify the statutory mechanisms to
dissolve water and wastewater districts once an area incorporates or gets annexed to relieve the tax
burden on the citizens, if the city or town provides the same service that had been performed by the
district, or the district service is no longer needed.
Maricopa explained that as a municipality incorporates or annexes, existing special taxing districts,
including water and wastewater districts remain in effect until dissolved or condemned. These are
districts that continue to tax residents, yet the city or town also provides the same service. In many
cases, those special taxing districts no longer provide any service, yet still tax those residents. They
pointed out that this was permissive authority, and that water and wastewater districts would not be
required to be dissolved if they were annexed into a city or town. The new legislation would not apply to
county wide districts and would only apply to districts completely within city or town boundaries.
Other members of the committee talked about similar issues that they were having in their communities
and agreed that the dissolution of these districts should be easier once they were not providing any
services within the community anymore. They voted unanimously to give League staff the authority to
pursue legislative changes to the statute related to the dissolution of water and wastewater districts.
Chandler proposed GAHRE2 to encourage the committee to assign this issue for further study so that
the statutory or administrative changes needed to allow for the clear use of blockchain technology in
elections can be researched, and, if needed and desired, legislation could be pursued in the future.
11
Chandler started off by giving a brief tutorial on blockchain technology and discussed the interest
surrounding blockchain technologies has increased throughout Arizona and in municipalities. They
explained that several solution focused companies have started to enter the blockchain voting
marketplace with the goal of supporting and enhancing the accessibility and immutability of
our elections process. Today, current statute and election administration practices prevent
municipal clerks from using blockchain or other emerging technologies for their local elections. They
pointed out that Arizona was an early adopter of blockchain technology, as one of the first five states to
pass legislation defining and regulating this term. In 2017 the Arizona Legislature passed two bills that
established guidelines for electronic signatures and records using blockchain technology. The following
year Arizona further defined technical aspects of blockchain technology operations and oversight. In
2019 the Legislature appropriated funds to the Arizona Commerce Authority to distribute to research
centers that specialized in blockchain technology, among other emerging technologies.
They then spent some time talking about the applicability of blockchain technology to voting. For the
administration of elections, the secure nature of blockchain technology allows votes to be cast by
computer or mobile device as opposed to manually voting via mail or in-person. Votes that are cast
through a blockchain provide for a quicker and more secure method to count votes, which could benefit
election agencies and the public through increased voter participation and lower election administration
costs. States and local governments alike have started to take advantage of this program, with 21 states
introducing blockchain-related bills in 2021 (NCSL). Pilot programs of varying scopes are taking place
across the country, from Utah County to West Virginia.
Members of the committee, as well as League staff, admitted to not having a great understanding of
blockchain technology, let alone how it could benefit election administration but expressed great interest
in having more study done about the issue and bringing that information back to the committee in the
future. They voted unanimously to have League staff and Chandler do more study on the subject and to
bring the information back in the future.
The table below summarizes the GAHRE Committee’s actions:
Policy Issue Disposition by Committee
1 Water and Wastewater District Dissolution Approved to be considered as a resolution
2 Blockchain technology and elections Approved for further study
Alexis Hermosillo
Mayor of El Mirage
Chair, General Administration, Human Resources and Elections Committee
12
GAHRE 1
League of Arizona Cities & Towns Resolution
Simplify the statutory mechanisms to dissolve water and wastewater districts once an area
incorporates or gets annexed to relieve the tax burden on the citizens, if the city or town provides the
same service that had been performed by the district, or the district service is no longer needed.
A. Purpose and Effect of Resolution
As a municipality incorporates or annexes, existing special taxing districts, including water and
wastewater districts, remain in effect until dissolved or condemned. These are districts that continue to
tax residents, yet the city or town also provides the same service. In many cases, those special taxing
districts no longer provide any service, yet still tax those residents. This is double taxation for those
residents. This proposal would make it easier to dissolve those districts.
B. Relevance to Municipal Policy
City and town elected officials want to make sure that their residents are treated with equity and receive
value whenever they pay for services provided by the municipality.
C. Fiscal Impact to Cities and Towns
Eliminates double taxation for residents.
D. Fiscal Impact to the State
No fiscal impact to the state.
E. Contact Information
Sponsoring City or Town: Maricopa
Name: Dale Wiebusch, Intergovernmental Affairs Director
Phone: 520-316-6811 Email: dale.wiebusch@maricopa-az.gov
League Staff: Tom Belshe
13
Chair’s Report of the Neighborhoods, Sustainability, and Quality of Life Policy Committee
Mayor Sandy Moriarty, Chair
Resolutions Committee Meeting, League Annual Conference
The Neighborhoods, Sustainability, and Quality of Life Policy Committee (NSQL) convened on May 5,
and June 1, 2021, to discuss five policy issues submitted by committee members for consideration.
Below is a summary of the policy issues considered by NSQL:
1. Expand Electric Vehicle Charging Infrastructure. – Sedona (NSQL1)
2. Restore the Arizona Recycling Fund. – Sedona (NSQL2)
3. Incentivize energy efficiency and expand the use of renewable energy in Arizona. –
Scottsdale (NSQL3)
4. Regulation of Permissible Fireworks. – Glendale & Mesa (NSQL4)
5. Solutions to Homelessness Issues. – League Staff (NSQL5)
Below is a summary of the committee discussion and the recommendations:
Sedona submitted NSQL1 in response to the fact that vehicle manufacturers are quickly shifting to
electric vehicles with the goal to be all electric by 2035. The proposal calls for finding a way to
incentivize the installation of electric vehicle charging stations. The discussion started with possible
financial incentives that could be created. After discussion, the committee concluded that any kind of tax
incentives would not be acceptable over at the state legislature. The discussion then centered on the
opportunities that exist in working with automobile manufacturers in our state as well as other interested
private partners with a stake in this type of infrastructure.
The committee decided to adopt a non-legislative solution for this policy issue and have the League staff
work with interested private entities to develop electric vehicle charging infrastructure.
Sedona also submitted NSQL2, which is related to the existing Arizona Recycling Marketing Program.
Since 1994, the Arizona Recycling Market Development Program has assisted numerous recycling-
based businesses that have located new facilities or expanded existing operations in Arizona. These
companies have created more than 2,000 jobs and their combined capital investment exceeds $343
million.
The Arizona Recycling Market Development Program was launched in 1992 with the passage of Senate
Bill 1287, which created a recycling market development program housed jointly at Arizona Department
of Commerce and the Arizona Recycling Program. The Arizona Recycling Market Development
Program is funded by a portion of the $.25 per ton landfill disposal fee.
The committee discussed how popular municipal recycling programs are and how it has become an
expected service in many communities. The problem is that in the last decade markets for recycled
materials has slowed to a crawl. The committee discussed that the money being collected for the
recycling marketing program should be used for its intended purpose. The fund was swept back during
the Great Recession and remains unfunded today.
The committee decided that because the fund already exists, that there would not be a need for a
legislative solution. The committee asked the League staff to work on getting funding restored to the
Recycling Marketing Program Fund during the next legislative session.
14
Scottsdale submitted NSQL3 to encourage policies that incentivize energy efficiency and expand the
use of renewable energy in Arizona. The committee discussed the broadness of the topic and tried to
find something that the League staff could do to achieve this policy goal. During the discussion, a
suggestion was made to look at the energy efficiency guidelines that have been adopted by the Arizona
Corporation Commission. The non-legislative approach that the committee settled on was to have the
League work with the Corporation Commission and other state agencies to create some best practices
related to energy efficiency and savings.
Glendale and Mesa submitted NSQL4 related to the lawful use of fireworks in cities and towns. They
pointed out the fact that state statute currently does not address times within a day that permissible
fireworks can or cannot be used. As a result, cities and towns have no authority to resolve complaints
from residents who are affected when fireworks are used into the late evening or early morning hours.
They provided examples of how it was causing issues with some members of the veteran community as
well as pets along with a variety of other issues. They asserted that that statute should be amended to
specify a period when cities and towns may prohibit the use of permissible fireworks. They also
discussed that the League should have the authority to engage with legislators who express an interest in
introducing legislation that furthers the intent of this resolution, including modifying definitions of
illegal and permissible fireworks, as well as the holiday periods when permissible fireworks can be sold
and used.
Several other members of the committee discussed the fact that they are having the same types of issues
in their communities and gave support to the ideas introduced in the resolution. The members of the
committee voted unanimously to move this policy issue forward as a resolution.
League staff submitted NSQL5 related to homelessness. Tom Savage spoke to the committee about the
fact that street homelessness in our cities and towns has been rising, particularly in the urban
communities and that the COVID-19 pandemic has exacerbated the issue. A bill was introduced in the
2021 session (HB2668) by an out-of-state think tank that purported to solve street camping issues. The
bill authorized the establishment of structured camping facilities to house homeless individuals, provide
resources for the continuum of care providers to offer outreach services, and impose criminal penalties
for camping on public property, among other provisions. However, the League opposed the legislation
because it would have required cities and towns to enforce local street camping bans and it penalized
communities that did not by withholding and redirecting state public safety grants. This requirement of
the legislation would have been impossible to comply with because it conflicts with the 9th Circuit’s
Martin v. Boise decision, making enforcement of these laws unconstitutional if there are no shelter
options available, making it likely that cities and towns would lose needed public safety funding. Tom
also informed the committee that League staff anticipates this think tank will reintroduce similar
legislation next session.
He went on to inform the committee that state legislators have taken an interest in this issue, and there
has been a movement to establish a low-income housing tax credit and appropriate monies for targeted
shelter projects. However, other proposals to reestablish ongoing appropriations to the state’s Housing
Trust Fund or other initiatives have not received sufficient support. Some legislators expressed support
for HB2668 because they believed it provided policy solutions to homelessness issues without
appropriating state funds.
Tom said that League staff is seeking approval for both legislative and/or non-legislative solutions,
working with housing and homeless advocates, the Department of Housing, and state legislators, to
15
provide local governments, regional partners, and continuum of care providers additional resources to
combat street homelessness in our communities.
The committee members discussed the homelessness issues they are having in their communities. They
talked about a variety of solutions that could be considered and gave unanimous approval to move
forward with a resolution while also seeking non-legislative solutions to homelessness.
The table below summarizes the NSQL Committee’s actions:
Policy Issue Disposition by Committee
1 Expand Electric Vehicle Charging Infrastructure Non-Legislative – work with partners
2 Restore the Arizona Recycling Fund Non-Legislative – work on adding to state
budget
3 Incentivize energy efficiency and expand the use of
renewable energy in Arizona
Non-Legislative – work with ACC
(Arizona Corporation Commission) and
state agencies for best practices
4 Regulation of Permissible Fireworks Approved as a resolution
5 Solutions to Homelessness Issues Approved as a resolution
Sandy Moriarty
Mayor of Sedona
Chair, Neighborhoods, Sustainability, and Quality of Life Policy Committee
16
NSQL 4
League of Arizona Cities & Towns Resolution
Amend state statute to specify a period when cities and towns may prohibit the use of permissible
fireworks and modify the definitions of illegal and permissible fireworks.
A. Purpose and Effect of Resolution
State statute currently does not address times within a day that permissible fireworks can or cannot be
used. As a result, cities and towns have no authority to resolve complaints from residents who are
affected using fireworks into the late evening or early morning hours. State statute should be amended to
specify a period when cities and towns may prohibit the use of permissible fireworks. The League of
Arizona Cities and Towns should also have the authority to engage with legislators who express an
interest in introducing legislation that furthers the intent of this resolution, including modifying
definitions of illegal and permissible fireworks, as well as the holiday periods when permissible
fireworks can be sold and used.
B. Relevance to Municipal Policy
Cities and towns are being responsive to citizens whose quality of life is affected by late night and early
morning use of fireworks.
C. Fiscal Impact to Cities and Towns
No fiscal impact to cities and towns.
D. Fiscal Impact to the State
No fiscal impact to the state.
E. Contact Information
Sponsoring City/Town: Glendale/Mesa
Name: Ryan Lee, Government Relations Manager, Glendale
Phone: (623) 930-2081
Email: rlee@glendaleaz.com
League Staff: Matt Lore
17
NSQL 5
League of Arizona Cities & Towns Resolution
Seek legislative and/or non-legislative solutions, working with housing and homeless advocates, the
Department of Housing, and state legislators, to provide local governments, regional partners, and
continuum of care providers additional resources to combat street homelessness in our communities.
A. Purpose and Effect of Resolution
Street homelessness in our cities and towns has been on the rise, particularly in our urban communities,
and has been exacerbated by the COVID-19 pandemic. Legislation was introduced in the 2021 session
(HB2668) by an out-of-state think tank that purported to solve street camping issues by establishing
structured camping facilities to house homeless individuals, provide resources for continuum of care
providers to offer outreach services, and impose criminal penalties for camping on public property,
among other provisions. However, the League opposed the legislation because it would have required
cities and towns to enforce local street camping bans and it penalized communities that did not by
withholding and redirecting state public safety grants. This provision of the legislation would be
impossible to comply with because it conflicts with the 9th Circuit’s Martin v Boise decision that made
the enforcement of such laws unconstitutional if there are no shelter options available, therefore putting
cities and towns at risk of losing needed public safety funding. We anticipate this think tank will
reintroduce similar legislation next session.
State legislators have taken an interest in this issue and there has been a movement to establish a low-
income housing tax credit and appropriate monies for targeted shelter projects. However, other
proposals to reestablish ongoing appropriations to the state’s Housing Trust Fund or other initiatives
have not received sufficient support. Some legislators expressed support for HB2668 because they
believed it provided policy solutions to homelessness issues without the need to appropriate state funds.
To prepare for further discussions on this issue next session, the League plans to work with homeless
and housing advocates, the state’s Department of Housing and other interested parties to discuss
legislative or non-legislative solutions to this issue and combat any further attempts to enact legislation
that would have severe unintended consequences for cities and towns, such as HB2668.
B. Relevance to Municipal Policy
Street homelessness has negative impacts on our communities. Any proposed solutions should mitigate
these impacts and provide opportunities to transition the homeless to long-term housing.
C. Fiscal Impact to Cities and Towns
Will depend on the solution that is proposed.
D. Fiscal Impact to the State
Will depend on the solution that is proposed.
E. Contact Information
Sponsor City/Town: League
Name: Tom Savage
Phone: (602) 258-5786
Email: tsavage@azleague.org
League Staff: Tom Savage
18
Chair’s Report of the Public Safety, Military Affairs, and the Courts Policy Committee
Mayor Jerry Weiers, Chair
Resolutions Committee Meeting, League Annual Conference
On May 4, 2021, the Public Safety, Military Affairs, and the Courts Policy Committee (PSMAC)
convened to discuss one policy issue submitted for consideration.
1. Allow agencies (cities, towns, counties, and the state) to hire part-time peace officers in a
way that that does not harm the Public Safety Personnel Retirement System (PSPRS).
Chandler (PSMAC1)
Below is a summary of the policy issue considered by PSMAC:
Chandler submitted PSMAC1 which would allow a law enforcement agency to hire part-time peace
officers in a way that that does not harm the PSPRS system. Councilmember Terry Roe explained that
this policy was submitted to help cities and towns with their staffing issues. This policy would allow
individuals that are Arizona Peace Officer Standards and Training (AZPOST) certified, fully retired and
in good standing, to be contracted with a third-party or hired directly with a law enforcement agency.
These retired law enforcement personnel could be used to fill shortages in minimum staffing
requirements, serve as school resource officers, staff special events, or serve in other capacities that an
agency would find beneficial. While the solution may be legislative or administrative in nature
depending on the stakeholder input process, providing additional flexibility in the hiring of qualified
peace officers will provide cities and towns a much-needed tool to support public safety within their
community.
The discussion in the committee was positive about the idea, however there was some concern expressed
about the effect of the program on PSPRS as well as a belief that it was possible to achieve the same
goal under current statute. Initially the committee voted to move the policy forward as a resolution.
However, after Chandler did more research with other cities and towns, Councilmember Roe became
convinced that the purpose behind the policy could be carried out under existing statute. At the
subsequent meeting of PSMAC, PSMAC1 was withdrawn.
On June 3, 2021, the Public Safety, Military Affairs, and the Courts Policy Committee (PSMAC)
convened to discuss three policy issues submitted for consideration.
1. Requires graduating 8th graders, teens pursuing a driver license, and individuals obtaining a
General Educational Development (GED), be required to take a Law Enforcement 101 training
course. Avondale (PSMAC2)
2. Seeking a non-legislative solution to allow for League staff to work with National League of
Cities (NLC) staff to pursue federal rule change to the Federal Housing Administration (FHA) on
felony occupants in group homes while also exploring opportunities for a path at a local level on
licensing. Gilbert (PSMAC3)
3. Requires additional information and options to be provided for the Psychiatric Review Board
when making decisions about the release of felons from psychiatric care and then eventually
dissolving the Psychiatric Review Board and transferring its role to the Superior Court in that
County. Gilbert (PSMAC4)
19
Below is a summary of the policy issues considered by PSMAC:
Avondale submitted PSMAC2 which would require graduating 8th graders, teens pursuing a driver
license, and individuals obtaining a GED, be required to take a Law Enforcement 101 training course.
The training would consist of educational videos and lessons approved by AZPOST and law
enforcement organizations such as the National Organization of Black Law Enforcement (NOBLE) and
The National Latino Peace Officers Association (NLPOA), that teach the proper way to interact with
law enforcement and how law enforcement should interact with the community.
After an explanation was provided by Avondale as to why this policy was advanced to the policy
committee, the committee was supportive of the idea of the policy but also very concerned that because
this policy was related to school curriculum, the ability to graduate, and the ability to obtain a driver’s
license, it is outside of the purview of the League of Arizona Cities and Towns. No action was taken on
the proposal.
Gilbert submitted PSMAC3 which would allow for League staff to work with NLC staff to pursue
federal rule change to FHA on felony occupants in group homes while also exploring opportunities for a
path at a local level on licensing. The town related that a few months ago, a group home located in
Gilbert experienced a homicide by one of its residents. Prior to living in Gilbert, the suspect was charged
with two counts of first-degree murder in April 2005. The suspect, who suffers from a form of
schizophrenia, was deemed incompetent to stand trial and spent several months in the state hospital
while doctors tried to restore him to competency with the help of medication. A plea agreement was
reached, however, after doctors determined that he was suffering from a psychotic break and did not
know right from wrong - he was released but would remain under the supervision of the Psychiatric
Security Review Board, which can hospitalize him again at any time without a hearing.
League staff provided that this issue is already part of NLC’s platform and that moving this proposal
forward would allow League staff to support their efforts for a change in federal law to allow local law
enforcement to be notified if felons are placed in group homes. A motion to authorize League staff to
work with NLC in pursuit of a change to the Fair Housing Act while also exploring opportunities for
non-legislative solutions and discussions at the state and local level to understand the scope of licensure
and regulatory authority was made and seconded. The committee expressed unanimous support for the
proposal and the motion carried.
Gilbert additionally submitted PSMAC4 which is related to pending legislation that would make
changes to the Psychiatric Security Review Board (PSRB). SB 1029 sponsored by Senator Nancy Barto
provides additional authority and requires a more thorough review and medical evaluation of an
individual’s state before the PSRB decides about their release. The bill specifies that an individual
seeking a change in privileges or a change in hospitalization must prove with clear and convincing
evidence that the transfer is appropriate. Additionally, SB 1030 also sponsored by Senator Barto
transfers the responsibility of the PSRB to the county Superior Court. In committee, the sponsor and
proponents of the bill argued that the superior court was the appropriate body to oversee individuals that
are considered guilty except insane. PSMAC4 requests that the League support both bills in the next
legislative session. Mayor Brigette Peterson explained that the legislation is an important first step to
prevent situations such as the one that occurred in Gilbert. SB 1030 was one of the 22 bills vetoed by the
Governor in a bill moratorium issued to urge the legislature to pass a budget however SB 1030 has been
reintroduced as SB 1839. If the measure passes and is signed into law, Gilbert requests that the League
pull the resolution prior to the Resolutions Committee. A motion was made to approve the proposal as a
20
resolution and passed with unanimous support. SB 1839 was signed into law on June 29, 2021, and per
Gilbert’s request PSMAC4 will not move forward as a resolution.
Policy Issue Disposition by Committee
1 Part-Time Hiring of Police Officers Withdrawn
2 Required Law Enforcement 101 Course Discussed, no action taken
3 FHA Rule Change – Felons in Group Homes Non-legislative, work with NLC
4 Dissolve Psychiatric Security Review Board No longer needed
Jerry Weiers,
Mayor of Glendale
Chair, Public Safety, Military Affairs, and the Courts Policy Committee
21
Chair’s Report of the Transportation, Infrastructure and Public Works Policy Committee
Mayor Christian Price, Maricopa
Resolutions Committee Meeting, League Annual Conference
On June 14, 2021, the Transportation, Infrastructure and Public Works committee (TIPW) convened for
two items for discussion purposes only. TIPW received no policy submittals for consideration.
Below is a summary of the committee discussion:
Josh Collins with the Coalition Against Bigger Trucks presented to the Committee on his group, which
seeks to keep commercial trucking from obtaining federal authorization to deploy longer and heavier
trucks.
Rene Guillen, League staff for the committee, presented an idea to form a Rural Transportation Group
that would coordinate with the Arizona Legislature’s Rural Caucus to facilitate a dialog between rural
cities and rural legislators to better communicate their concerns and issues. The concept received broad
verbal support and staff was encouraged to further develop the concept.
The table below summarizes the TIPW Committee’s actions:
Policy Issue Disposition by Committee
No Policy Submittals Received
Christian Price
Mayor of Maricopa
Chair, Transportation, Infrastructure and Public Works