HomeMy WebLinkAbout2021.1207.TCCRMWS.Agenda.Packet
NOTICE OF MEETING
COMBINED REGULAR MEETING / JOINT WORK SESSION
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. – COMBINED REGULAR MEETING / JOINT WORK SESSION
WHEN:TUESDAY, DECEMBER 7, 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.
REGULAR MEETING AGENDA
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.RECOGNITION: Stellar Students of the Month for November
B.RECOGNITION: Award from the Arizona Parks and Recreation Association for Youth Program.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Monthly Update by Captain Larry Kratzer with Maricopa County Sheriff's
Office
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the
Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii)
ask that the matter be placed on a future Council agenda.
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
Combined Regular Meeting/Work Session of December 7, 2021 2 of 5
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of
November 16, 2021; and the Regular Meeting of November 16, 2021.
B.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the General Fund
and Capital Projects Fund.
C.CONSIDERATION AND POSSIBLE ACTION: Approving the 2022 Town Council Meeting Dates
and Summer Break.
D.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License
Application for Batchelor's Pad BBQ, located at 13407 N. La Montana Drive, Fountain
Hills, Arizona, for a Series 12 (Restaurant) license.
E.CONSIDERATION AND POSSIBLE ACTION: Approving a Map of Dedication for Keystone
Fountain Hills.
F.CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License
application for the Fountain Hills VFW Post 7505 for a second location beer garden in
conjunction with the Fountain Festival of Arts and Crafts on February 25, 26, and 27, 2022
G.CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License
application for the Fountain Hills VFW Post 7505 for a beer garden in conjunction with the
Fountain Festival of Arts and Crafts on February 25, 26, and 27, 2022
H.CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License
application for the Fountain Hills Community Services for a beer garden in conjunction with
the Music Fest on April 1 & 2, 2022.
I.CONSIDERATION AND POSSIBLE ACTION: Resolution 2021-37 Adopting the Youth Field,
Court, and Sport League Fee Waiver Policy.
J.CONSIDERATION AND POSSIBLE ACTION: Approval of Amended and Restated Employment
Agreement between the Town of Fountain Hills and Grady E. Miller.
K.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-38, abandoning the
1' Vehicular Non-Access Easement along a portion of the south side of 15835 E Firerock
Country Club Drive
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Acceptance of public art concept for Casas Del
Lago Apartments.
B.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-36 approving
Combined Regular Meeting/Work Session of December 7, 2021 3 of 5
B.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-36 approving
the Fountain Lighting Policy.
C.CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-20 providing penalties for violation
of Town Code Article 8-6, Vacation Rentals.
D.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 21-12, amending
Chapter 18, Town Center Commercial District, and Chapter 25, Entertainment Overlay
District, by adjusting and clarifying provisions for outdoor seating in the public right-of-way.
E.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: SPECIAL USE PERMIT to allow
17 residential units on a 1.62-acre property generally located north of the northeast corner
of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard;
APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district.
F.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance 21-18,
amending Chapter 4 (Nonconforming Uses and Structures) and Chapter 10 (Single-Family
Residential Zoning Districts) by adding new provisions for extensions to nonconforming
structures on corner lots zoned for single-family residential use.
G.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No. 2 to Professional
Services Agreement 2019-079 with JE Fuller Hydrology & Geomorphology, Inc.
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
WORK SESSION AGENDA
1.CALL TO ORDER
2.PRESENTATION: Proposed Strategic Priorities and Supporting Tasks for inclusion in the major
update of the Town of Fountain Hills Strategic Plan as recommended by the Strategic
Planning Advisory Commission.
3.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
Combined Regular Meeting/Work Session of December 7, 2021 4 of 5
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.
Combined Regular Meeting/Work Session of December 7, 2021 5 of 5
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
Agenda Type: Consent
Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of
November 16, 2021; and the Regular Meeting of November 16, 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 November 16, 2021; and the
Regular Meeting of November 16, 2021.
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of November 16, 2021; and the Regular Meeting
of November 16, 2021.
Attachments
2021.1116.TCSMES.Minutes
2021.1116.TCRM.Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 11/23/2021 11:17 AM
Form Started By: Elizabeth A. Klein Started On: 11/23/2021 07:54 AM
Final Approval Date: 11/23/2021
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 16, 2021
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called the Special Meeting of November 16, 2021, to order at 4:00 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember Gerry
Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon;
Vice Mayor Alan Magazine
Absent: Councilmember David Spelich
Staff
Present:
Town Manager Grady E. Miller (Partially); Town Attorney Aaron D. Arnson
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike
Scharnow to recess into Executive Session.
Vote: 6 - 0 Passed - Unanimously
4.EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 4:00 p.m.
A.Discussion or consideration of employment, assignment, appointment, promotion, demotion,
dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any
public body, except that, with the exception of salary discussions, an officer, appointee or
employee may demand that the discussion or consideration occur at a public meeting. The
public body shall provide the officer, appointee or employee with written notice of the executive
session as is appropriate but not less than twenty-four hours for the officer, appointee or
employee to determine whether the discussion or consideration should occur at a public meeting;
and discussion or consultation for legal advice with the attorney or attorneys of the public body,
pursuant to A.R.S. §38-431.03(A)(1) and (3), respectively.
i.Town Manager Salary Discussions
5.ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 4:37 p.m. at which time the
Special Meeting of November 16, 2021, adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of November 16, 2021 2 of 2
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 16, 2021
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the Regular Meeting of November 16, 2021, to order at 5:30 p.m. and led
the Town 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; Councilmember Mike Scharnow; Councilmember David
Spelich; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Vice Mayor Alan Magazine
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 Grzybowski reported that she attended a ribbon cutting for Jazzercize. She
attended the Biophilic Cities meeting; the next steps after the Community Services Advisory
Commission meeting last month will be to bring it before the Town Council.
She said that this is the last week of the Leadership Academy and tomorrow is graduation.
Mayor Dickey reported that she attended an East Valley Mayors' Meeting in Scottsdale, and the
Flutter at Fountain Hills event for the Community Foundation which raised a lot of funds. She
also attended the Fountain Hills Medical Center briefing on future plans. She also greeted
attendees at the Boys and Girls Club Auxiliary Fundraiser, with attendance by Paradise Valley
Mayor Bien Willner and Mayor Dave Ortega of Scottsdale.
A.RECOGNITION OF Outgoing Community Services Advisory Commission Chairman Amy Arnold.
Mayor Dickey recognized Amy Arnold who served as Chairman of the Community Services
Advisory Commission, and presented her with a Certificate of Appreciation.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.RECOGNITION: A $27,000 Donation from the Fountain Hills Association of Dog Owners
Group (ADOG), for a Shade Structure in the Desert Vista Dog Park, and thanking Denise
Dunning-Ricketts, President of ADOG, for the generous contribution.
Mayor Dickey said that they appreciated them inviting them to their Board meeting, which
gave a chance for Councilmembers Friedel and Grzybowski and Director Goodwin, as
well as herself, to meet them. They now had an opportunity to thank them publicly for this
important amenity. She thanked Denise Dunn-Ricketts and ADOG for their donation.
Ms. Dunn-Ricketts said that it was donated by an anonymous donor who believes in their
mission. She said that it will be blessing for the seniors that go to the dog park to be able to
sit and have shade.
B.PRESENTATION: Annual financial audit results by Heinfeld Meech & Co.
Mr. Miller said that under state law it is required for the Town to undergo a financial audit,
but it is also good governance providing transparency. He then introduced Joshua Jumper
with Heinfield Meech & Co. who said that he was happy to present the results of the July
31, 2021, audit. He said that the Council had all the information before them, but it was a
clean opinion. He said that another report that is required is the Expenditure Limitation
Report, and the Town is under its expenditure limit. A new report was issued this year, the
Single Audit Reporting Package, which is required when governmental entitles spend over
$750,000 of federal funding. With the $2.9 million received from AZ Cares it was required,
and in that report they would note any internal control deficiencies, of which there
were none.
Mayor Dickey asked what "other" referenced in the chart on page 22. Mr. Miller said that
he did not know off hand, but staff will get back to the Council with that information.
C.PRESENTATION: First Quarter FY22 Revenue Update
Finance Director David Pock said that staff started doing quarterly reports a year ago, and
he then gave an overview:
FISCAL YEAR 2021 YEAR-END UPDATE
SUMMARY
UNRESTRICTED
FIRST QUARTER REVENUE UPDATE
Summary
Net Taxable Activity
Total TPT Collections
Retail Sales
Construction
Utilities & Communications
Real Estate
Restaurants & Bars
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Services
State Shared Revenues
Vice Mayor Magazine said that it looks like they were in very good shape, and he asked if
they had any idea what the net would be. Mr. Pock said that they were in line with their
budgeted numbers. He said that in the budget process, they were a little more aggressive
since they had $3 million more than what they thought they were going to have.
Mr. Miller said that he and Mr. Pock have talked mid-term to long-term. They have been
benefiting from construction activity, but in the long term, as they build out as a community,
it will be problematic as they will not have that revenue coming in.
Vice Mayor Magazine complimented staff for doing a tremendous job. Mr. Miller said that it
was due to Mr. Pock and his staff.
Mr. Pock noted that tomorrow is next year's budget kick-off meeting.
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.
Crystal Cavanaugh, Fountain Hills resident, voiced concern with the continued mask
mandate in Town facilities.
Ted Price and Maureen Earp, Fountain Hills residents, voiced concerns with a cell tower in
the La Vida Buena community, where they understand a new tower will be going in that will
be going from 3G to 5G. Mr. Miller said that he would be happy to set up a meeting with
both of the residents to discuss the matter further.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which
the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the agenda.
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to approve Consent Agenda Items 7-A through 7-E.
Vote: 7 - 0 Passed - Unanimously
Mayor Dickey said that the Town Council would first be discussing Items G and H.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular
Town Council Regular Meeting of November 16, 2021
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A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular
Meeting of November 2, 2021.
B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Democratic Club for a fundraiser to be held in ballrooms 1,
3 and 4 at the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills,
AZ 85268 on December 9, 2021, from 6pm-8:30pm.
C.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application submitted by Jealine Goldapper, representing the Fountain Hills Unified School
District PTO, for a fundraiser to be held in the Grand Ballroom of the Fountain Hills
Community Center on March 5, 2022, from 5 pm to 11 pm.
D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2021-35 Decommissioning Three
Works of Public Art located at the Town of Fountain Hills Community Center.
E.CONSIDERATION AND POSSIBLE ACTION: Approval of Contract C2022-036 with Matlick
Enterprises, Inc. dba United Fire Equipment Company in an amount not to exceed
$75,000.00 for replacement of extrication equipment and lifting airbags.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-11, amending Section 11-1-7,
Noise, of the Town Code.
Mr. Miller said that after the presentation by the prosecutor the last time this was
discussed, the Development Services Director rewrote some of the section and will be
presenting it tonight.
Development Services Director John Wesley gave a PowerPoint presentation which
addressed:
PURPOSE/BACKGROUND
PROPOSED TEXT AMENDMENT
Discussion was held on "landscape maintenance" and whether it would include private
residences or just address golf courses. It was agreed that the hours of operation
anywhere should be consistent with that of construction, which was 5:30 AM to 6:30 PM
during the summer, and 6:00 AM to 6:30 PM in the winter.
Madelaine Bauer, attorney at Rose Law Group and speaking on behalf of Adero Resort,
thanked the Council and Town in its efforts and said that, in general, the proposed
ordinance was great. They had some concern moving forward that it could impact existing
uses, such as weddings and other events that have been held at the resort over the years.
Their preference would be to make it clear in the ordinance, but at the least place it in the
minutes, that Adero could continue operating as it always has.
Town Clerk Elizabeth Klein read written comments of support for the recommended
changes from Jim Ruff, James Henke, and Vanessa Davisson. Some comments also
included that the definition of "unruly gathering" needed amending.
Town Council Regular Meeting of November 16, 2021
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included that the definition of "unruly gathering" needed amending.
After some discussion, Mayor Dickey said that she believed it was already covered. From
the tone of the conversation, she thought that Adero was in good shape as it was. Mr.
Arnson said that the intent is not to preclude anyone from operating in the normal course of
business. He said that the noise ordinance applies to all businesses within the zoning
regulations. Councilmember Grzybowski said that she believed that what was being asked
for is already covered in #6 of the ordinance, and she preferred to go with the Town
Attorney's recommendation.
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Peggy
McMahon to adopt Ordinance 20-11, with the landscape maintenance hours to be
consistent with current building construction hours.
Vote: 7 - 0 Passed - Unanimously
B.CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-19, amending The Town of
Fountain Hills Town Code Chapter 12, Article 12-2, Traffic Control, Section 12-2-2, Traffic
Control Devices; Speed Limits
Town Engineer David Janover said that staff was asked by residents on El Pueblo to
match the speed limit on Grande. In response, the Town prepared a speed study, and he
then reviewed the results of the study:
OVERVIEW
Review of Speed Limit Study
Amendment to Municipal Code
SPEED LIMIT STUDY
Presented to the Transportation Pedestrian Safety Committee
Mr. Janover responded to a question that there was one school located on El Pueblo, one
crosswalk and one complaint had been received. Vice Mayor Magazine asked why they
should lower it when people do not follow the speed limit now. Mr. Janover said that there
are a number of driveways and curves on El Pueblo and collector streets do not usually
have that. It made sense to lower the speed limit to be consistent with Grande because of
the driveways. He said that the additional 5 mph is what they would see on a collector,
which are roads that go from local streets to arterials.
Councilmember Spelich said that he lives on El Pueblo and drives down it numerous times
a day. The key to reducing accidents, from a law enforcement perspective, is enforcement.
He said that they would reduce accidents by keeping the current speed limit and enforce it
more. He said that the road is too big and too long. For all of this to come from one resident
does not make sense.
Councilmember Grzybowski said that she agreed with the Vice Mayor. She asked if the
streets were the same width. Mr. Janover replied that they were. Vice Mayor Magazine
said that he agreed with Councilmember Spelich that enforcement is the key. They should
lower the speed and monitor it. Councilmember Friedel suggested that they consider
increasing the speed on Grande.
Mr. Miller said that it is clear, the attempt is to standardize the streets, but he agrees with
Town Council Regular Meeting of November 16, 2021
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Mr. Miller said that it is clear, the attempt is to standardize the streets, but he agrees with
Councilmember Spelich that enforcement is the key. He suggested that they consider
speed humps. Councilmember Spelich said that he would support other techniques, such
as rumble strips, but lowering the speed on the whole street does not make sense. Vice
Mayor Magazine said that if standardization was the intent, then he would support it.
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Mike
Scharnow to adopt Ordinance 21-19.
Vote: 4 - 3 Passed
NAY: Councilmember David Spelich
Councilmember Gerry Friedel
Councilmember Sharron Grzybowski
C.CONSIDERATION AND POSSIBLE ACTION: on a proposed grant program to assist
non-profit organizations negatively impacted by the COVID-19 pandemic.
Last year the Town Council authorized using a portion of its allocation of $2.89 million in
CARES Act funding to provide grants to small businesses impacted by the COVID-19
pandemic. A total of $300,000 was approved by the Town Council in June 2020 for this
purpose. The grant program was marketed and administered by the Economic
Development Department. In 2020 the Economic Development Department distributed
$300,000 in grants to several small businesses in Fountain Hills.
During the final budget adoption meeting on June 1, staff proposed to the Town Council a
similar grant assistance program that would provide grants targeted to Fountain
Hills-based not-for-profits to be funded from the ARPA to be received this year.
Councilmember Friedel asked if there would be a cap per organization. Mr. Miller said that
it would be a one-time application. When they did the small business grants they were
mostly at $5,000; it would be similar for this program, although the nonprofits did not have
as many opportunities through the county and state that were available to small
businesses.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy
McMahon to approve staff creating and implementing a one-time $300,000 grant program
for Fountain Hills-based not-for-profit organizations negatively impacted by the pandemic,
and the associated budget transfer.
Vote: 7 - 0 Passed - Unanimously
D.CONSIDERATION AND POSSIBLE ACTION: on the 2022 Proposed Legislative Agenda.
Fountain Hills' contract lobbyist Jack Lunford gave a PowerPoint presentation which
addressed:
LOCAL GOVERNMENT
LOCAL GOVERNMENT FINANCE
NEIGHBORHOOD QUALITY OF LIFE ISSUES
Town Council Regular Meeting of November 16, 2021
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PUBLIC SAFETY
TRANSPORTATION
WHAT'S COMING
SHORT-TERM RENTALS
MORE PREEMPTION ATTEMPTS
LEGISLATIVE COMPOSITION - RESIGNATIONS
REDISTRICTING
ELECTION YEAR
Councilmember Scharnow said that he agreed with all of the Quality of Life issues, but
would like to see recreational marijuana added to regulations on advertising. Mr. Lunford
said that they will begin to see legislation dropped in the next month. The Legislature will
have to introduce bills by the third week in January. He may need to come back and speak
to anything specific as it is hard to anticipate what bills will look like.
Vice Mayor Magazine said that as they go through the process this year, he would like to
have included if a bill has been introduced before, how many times, and if it was seriously
being considered. Mr. Lunford said that he would be prepared to do that. Mr. Miller said
that each year they start off with what the League is moving forward with. They focus on
things that impact municipalities. Staff will add another column to their report before it
comes before Council. Mr. Lunford added that he will now be attending the Monday
morning calls provided by the League.
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Mike
Scharnow agree that when individual bills come forward, they will take positions on them as
needed.
Vote: 7 - 0 Passed - Unanimously
A break was held from 8:19 p.m. to 8:30 p.m.
E.CONSIDERATION AND POSSIBLE ACTION: Professional Services Agreement 2022-043
with McGrath Consulting to conduct a financial analysis of fire and emergency medical
services with a total not-to-exceed amount of $40,000 and associated budget transfers.
Mr. Miller said that he would like to present this item and the next together. He reminded
the Town Council that they had a discussion at the retreat last year that they spend $9.2
million annual for both fire/emergency services and law enforcement services. It is very
important, from the Town's standpoint, to get a good handle on their long-term service
delivery costs. In law enforcement, some years services have increased in double digits.
The cost of the study for fire services is $40,000; for law enforcement it is $79,000. He said
that the cost is about 1% of providing those services.
On the fire side, he said, they will look at other fire services, while the Town owns all the
apparatus and the fire stations. On the law enforcement side, they would also consider the
costs of bringing in the service as a Town department. They will also look at the current
agreement with Maricopa County Sheriff's Office. He believed there is some value in them
doing that.
Mr. Miller said that they did a Request for Proposals and received two proposals on law
enforcement and one for fire. He said that the firm that submitted for the fire services also
Town Council Regular Meeting of November 16, 2021
7 of 12
submitted for law enforcement, but the other firm that submitted for law enforcement has
done a lot of these in Arizona and western US. Part of this will also include interviews with
Council and they will hold a town-hall style meeting. He said that he and staff talked about
having an oversight committee and he would be happy to have Councilmember Spelich sit
on the committee. Councilmember Spelich replied that he would.
Councilmember Grzybowski said that the Town gets a lot of grief about audits and reports,
paying outsiders to do them, but it is important to drive home that they rely on the
professionals as they know how these things work. She said that she did like the idea of
having Councilmember Spelich sit on the committee.
Councilmember Scharnow said that he thought it was important on these topics to have an
objective third party weighing in on both sides.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Peggy
McMahon to approve Professional Services Agreement 2022-043 with McGrath Consulting
and the associated budget transfers (for fire/emergency medical services).
Vote: 7 - 0 Passed - Unanimously
F.CONSIDERATION AND POSSIBLE ACTION: Professional Services Agreement 2022-046
with Matrix Consulting to conduct a financial analysis of law enforcement services with a
total not-to-exceed amount of $79,000 and associated budget transfer.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Vice Mayor Alan
Magazine to approve Professional Services Agreement 2022-046 with Matrix Consulting
and the associated budget transfer (for law enforcement services).
Vote: 7 - 0 Passed - Unanimously
G.CONSIDERATION AND POSSIBLE ACTION: Approval of the Fee Waiver Policy Relating
to Youth Fields, Courts, and Sport Leagues.
Mr. Miller said that this is part Two to the discussion of fee waivers. Community Services
Director Rachael Goodwin said that they have a lot of demand for fields and want a fair
and consistent way to allocate them. She then reviewed a PowerPoint presentation which
addressed:
POLICY INCLUSIONS
QUALIFICATIONS, RESTRICTIONS AND CRITERIA
FOUNTAIN HILLS YOUTH SPORTS ALLIANCE
Mr. Miller said that Ms. Goodwin did a good job of summarizing. He said that they would try
to get user agreements from the organizations to provide for in-kind services, such as field
preparation.
Councilmember Spelich said that it is no secret that these fees have been brought up by
him. No matter what is played on the fields, they should have skin in the game. It bothers
him when people make arranagements to use the field, staff turns the lights on, and then
they do not show up. He would like to see some type of policy put into effect. He said that
they are talking about two user agreements now, but he asked how many there could be in
Town Council Regular Meeting of November 16, 2021
8 of 12
the future.
Councilmember Scharnow asked if they were contemplating zero costs in exchange for
in-kind work. Ms. Goodwin said those issues would all be worked out.
Councilmember Scharnow said that he was not opposed to what Councilmember Spelich
was saying about scheduling and not showing up. He talked with Ms. Goodwin about the
issue of priority. Ms. Goodwin said that in the draft policy they did outline the priority
scheduling for those cases where are multiple asks: (1) Town program/maintenance; (2)
organizations with a contract; and (3) members of the Sports Alliance. She said that
rentals are made a year in advance. The local users would have first dibs.
Councilmember Spelich said that the Town should be run as a business; they are not in
the business of losing money.
Councilmember Scharnow said that it is understood that little league has a generic
season, soccer, etc. He said that then they have the contracts, tournaments, paying
customers for the other times of the year. There is not a lot of conflict. He thought they
were doing a good job. He said that every Parks and Recreation Department in the country
is subsidizing their programs. Ms. Goodwin agreed that it is a balance between local use
and revenue component.
Councilmember Grzybowski said that she feels like there is financial gain with little league
and youth soccer that they subsidize. Yes, it is a business, but they also want the younger
generations to move into town with kids. She said that she supports the subsidy. Mayor
Dickey added that they have parks that never make money.
Councilmember Friedel asked what they would do if a contractual group did not fulfill their
end of the agreement. Ms. Goodwin said that they would ask them to come back in to
review the agreement. They could either renegotiate or reevaluate whether the fee waiver
was an appropriate tool for them. Councilmember McMahon asked why they would not
reduce their fee reduction. Ms. Goodwin said they could do that. Councilmember Spelich
said that there should be some verbiage in the agreement to address that issue, but he
would leave that up to staff to determine.
Mr. Miller said that he believed staff was in good hands. Councilmembers are the policy
makers and staff will do its best to make sure the agreements have the spirit and intent of
Council. He noted that when the Town provided the small business assistance grants, staff
came up with the verbiage.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember David
Spelich to approve of the Youth Field, Court, and Sport League Fee Waiver Policy.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of November 16, 2021
9 of 12
H.CONSIDERATION AND POSSIBLE DIRECTION: Community Center and Special Event
Fee Waiver Policy.
Ms. Goodwin said that this has been the most difficult piece of the policy to tackle.
Tonight was for discussion, and to receive further direction from the Council. Staff is
looking for a uniform process with a policy meant to be guiding, to be applied across the
board by staff. She then began a Powerpoint presentation which addressed:
COMMUNITY CENTER RECOMMENDATIONS
Councilmember McMahon asked if it would be an automatic reduction for Fountain Hills
501c3's. Ms. Goodwin replied that they would have to provide their 501c3 status
documentation, but it would be automatic. Vice Mayor Magazine said that it was his
understanding that there are nonprofits that are not 501c3. Mr. Miller said that they know
what groups they are, such as fraternal organizations, foundations, etc. They could call
them out by name and if someone comes in that does not fit that, they would make that
determination. He said that there are 21 different 501c organizations. They would add
"as determined by the Town."
Vice Mayor Magazine asked why they were requiring a minimum of two ballrooms. Ms.
Goodwin explained that the weekend times are peak demand. In order to justify the use
of space and staff time for set up and tear down, they were suggesting the two ballroom
minimum.
Ms. Goodwin then reviewed the rates for nonprofits.
EXCEPTIONS
SPECIAL EVENTS RECOMMENDATIONS
It was agreed that they would amend the verbiage regarding 501's.
CURRENT AND PROPOSED FEES
Vice Mayor Magazine asked if they could break the 500 into 250 and 500. Mr. Miller said
that they could discuss that further, but they have gone through quite a bit of analysis.
They think this is still a pretty good deal. Ms. Goodwin added that if it is a small event,
they generally steer them toward a ramada rental.
FOUNTAIN HILLS CHAMBER OF COMMERCE
Mr. Arnson left the meeting at this time (7:28 p.m.)
Ms. Goodwin said that it is recommended that the Chamber have a User Agreement.
Councilmember McMahon said that the Chamber does bring in a lot to the community,
but they do need to pay some type of fee so they have "skin in the game." Vice Mayor
Magazine said that to prevent the mayhem they had with the Chamber over the sign
ordinance, perhaps they should sit down with them. Ms. Goodwin said that she has
been in touch with the Chamber.
Vice Mayor Magazine asked about those events that are not Chamber related, such as
the Thunderbird Artists. Ms. Goodwin said that they are not nonprofit. Their fee would be
Town Council Regular Meeting of November 16, 2021
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$3,500 per day. Vice Mayor Magazine said that they would be run right out of town.
Councilmember Spelich said that he knew this would come up. They will find very few
towns that have the fountain and the avenue. They need to consider that. They could
charge an admission fee. Vice Mayor Magazine said that he is involved with them, but
he is saying they are good for the town. They already charge an entry fee. If they charge
$10/person it will end the show.
Mayor Dickey said this is the problem they have. She said that there are things they do
not charge the Town for. They provide free booths to service organizations. While they
make money, she sees them differently than a show coming to town that is for profit.
Councilmember Spelich said that he is pro-business. Every vote he has made has been
pro-business. Mayor Dickey said those things can come into play if they agree that they
will have a User Agreement.
Tammy Bell, representing the Fountain Hills Cultural and Civic Association, read the list
of programs under their umbrella. They use 520 hours annually. They have given
$500,000 for furnishings, $4,500 for Bingo, $2,500 medical, $1,500 new adventure. This
began pre-incorporation. She is not suggesting that they continue to let them use the
way they have in the past, but she would ask that the Council honor the relationship they
have had for a long time.
She requested that they give her direction to work with FHCCA's to talk about what
programs do fit, quality of life programs, and continue a User Agreement for those
programs that Ms. Goodwin sees fit.
Councilmember Grzybowski said that seems reasonable. One of the problems she
understands with FHCCA use is they started as a small organization and it got bigger
and bigger. They need to find a happy medium.
Town Clerk Elizabeth Klein read a letter from Deb Fisher, on behalf of the Fountain Hills
Community Band, thanking the Town for usage of the ballroom to hold their concerns.
She also read a letter from Jerry Butler in opposition to charging 501c3 organizations for
use of the Community Center.
Mr. Miller said that they are thinking that the new policy would be implemented with the
new fiscal year. He suggested that when they come back they will have some other
points about what the User Agreement may have. Councilmember Spelich said that he
thought it would be good to also be able to articulate, with charging the 50%, how much
of a cost recovery that would be. He said that he did not think it will come close to what
they put into the Community Center. Ms. Goodwin said that last year they pushed close
to $50,000 in fee waivers, and they will not make that up. She said that she would bring
back some sample versions.
Mayor Dickey said that the recent fee schedule study they had done indicated the actual
costs, and they were not allowed to make money. Mr. Miller said that there is a
difference in just waiving fees. He said that this is not in the current fee schedule, so the
Council will need to formally adopt whatever policy they agree to.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember
Town Council Regular Meeting of November 16, 2021
11 of 12
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember
David Spelich to direct staff to develop a final draft of the Fee Waiver Policy with the policy
direction received from the Town Council, and to come back at a later date to Council with
recommended, negotiation points to include in user agreements.
Vote: 7 - 0 Passed - Unanimously
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
None
10.ADJOURNMENT
MOVED BY Councilmember David Spelich, SECONDED BY Vice Mayor Alan
Magazine to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held November 16, 2021,
adjourned at 9:07 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 16th day
of November, 2021. I further certify that the meeting was duly called and that a quorum was present.
DATED this 7th day of December, 2021.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of November 16, 2021
12 of 12
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
Agenda Type: Consent
Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the General Fund and
Capital Projects 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 move budget between departments and between capital projects.
$6,500 from Facilities Operations (FACOP) to Parks and Recreation Trail (PRTRAIL) to install
electrical outlets around the Event Circle near the Community Center and Library
$1,962.50 from Capital Projects Contingency (CIPAD) to D6003 Unpaved Alley Paving (CIPST) to
complete and close out the program.
Related Ordinance, Policy or Guiding Principle
Town Council approved financial policies and best practices.
Risk Analysis
If not approved, the budgets for the General Fund and Capital Projects 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 11/29/2021 11:15 AM
Town Attorney Aaron D. Arnson 11/29/2021 12:29 PM
Town Manager Grady E. Miller 11/29/2021 02:30 PM
Form Started By: David Pock Started On: 11/09/2021 02:24 PM
Final Approval Date: 11/29/2021
11/29/2021 11:09 |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 06 6 12/07/2021 BUA QTRLY BUDG 1 8
1 FACOP 6213 FACILITIES-OPERATIONS ELECTRICAL REPAIR 4,140.00 6,500.00 10,640.00
100-40-30-303-110-1515-6213-FM PRTRAIL 12/07/2021
2 PRTRAIL 6412 OPEN SPACE/TRAILS CONTRACTUAL SERVICES 13,065.00 -6,500.00 6,565.00
100-50-50-502-540-1505-6412-TO EVENT CIRCLE ELECTRICAL 12/07/2021
3 CIPST 8060 S6003 STREETS CAP PROJECTS STREET IMPROVEMENTS 34,000.00 1,962.50 35,962.50
600-40-30-302-000-1610-8060-S6003 FM CIP CONTINGENCY 12/07/2021
4 CIPAD 7010 CAPITAL PROJECTS ADMIN CONTINGENCY 296,200.00 -1,962.50 294,237.50
600-10-10-105-000-0106-7010-TO 6003 UNPAVED ALLEY 12/07/2021
** JOURNAL TOTAL 0.00
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
Agenda Type: Consent
Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Approving the 2022 Town Council Meeting Dates and
Summer Break.
Staff Summary (Background)
This item has been placed on the agenda to provide an opportunity for the Town Council to discuss the
Calendar Year 2022 meeting schedule and consider providing staff direction on the timeframe for the
Town Council Summer Break.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to approve the Calendar Year 2022 Town Council meeting dates and recommended Summer
Break.
Attachments
Proposed 2022 Schedule
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 11/23/2021 09:44 AM
Form Started By: Elizabeth A. Klein Started On: 11/16/2021 07:47 AM
Final Approval Date: 11/23/2021
2022
PROPOSED TOWN COUNCIL MEETING SCHEDULE
AND SUMMER BREAK
MEETING DATE TYPE OF MEETING
01/04/2022 Regular Meeting
01/11/2022 Work Session (Tentative – If needed)
01/18/2022 Regular Meeting
02/01/2022 Regular Meeting
02/08/2022 Work Session (Tentative – If needed)
02/15/2022 Regular Meeting
02/22/2022 Council Retreat
03/01/2022 Regular Meeting
03/08/2022 Work Session (Tentative – If needed)
03/15/2022 Regular Meeting
03/22/2022 Special Session (CIP Projects)
04/05/2022 Regular Meeting
04/12-14/2022 Budget Workshop (additional days if needed)
04/19/2022 Regular Meeting
05/03/2022 Regular Meeting
05/10/2022 Work Session (Tentative – If needed)
05/17/2022 Regular Meeting
06/07/2022 Regular Meeting
06/14/2022 Work Session (Tentative – If needed)
06/21/2022 Regular Meeting
06/22-08/21/2022 Summer Break
07/05/2022 Regular Meeting – No Meeting Recommended
07/19/2022 Regular Meeting – No Meeting Recommended
08/02/2022 Regular Meeting – No Meeting Recommended
08/22/2022 Special Meeting
08/30-09/02/2022 League of Arizona Cities Towns Annual Conference
Renaissance Phoenix Glendale Hotel & Spa (Glendale)
09/06/2022 Regular Meeting
09/13/2022 Work Session (Tentative – If needed)
09/20/2022 Regular Meeting
10/04/2022 Regular Meeting
10/11/2022 Work Session (Tentative – If needed)
10/18/2022 Regular Meeting
11/01/2022 Regular Meeting
11/08/2022 Work Session (Tentative – If needed)
11/15/2022 Regular Meeting
12/06/2022 Regular Meeting
12/13/2022 Work Session (Tentative – If needed)
12/20/2022 NO MEETING
SUMMER
BREAK
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
Agenda Type: Consent
Submitting Department: Administration
Prepared by: Kukkola Sonia, Financial Services Technician
Staff Contact Information: David Pock, Finance Director
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License
Application for Batchelor's Pad BBQ, located at 13407 N. La Montana Drive, 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 Jeffrey Craig Miller, owner of Batchelor's Pad, 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 series #12 liquor license application for Batchelor's Pad BBQ LLC.
Attachments
Departmental Recommendation
Liquor License Application
Form Review
Inbox Reviewed By Date
Finance Director David Pock 11/23/2021 06:55 AM
Town Attorney Aaron D. Arnson 11/23/2021 08:45 AM
Town Manager Grady E. Miller 11/23/2021 11:19 AM
Form Started By: Kukkola Sonia Started On: 11/22/2021 04:41 PM
Final Approval Date: 11/23/2021
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: 11/18/21
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: Bachelor’s Pad BBQ 13407 N. La Montana Drive , Fountain Hills AZ 85268
Applicant: Jeffrey Craig Miller
Date(s) of Event: N/A
Date Application Received: 10/18/21 Town Council Agenda Date: 12/7/21
STAFF REVIEW AND RECOMMENDATION:
Department/Division Staff Member Approved Denied N/A
P & Z John Wesley X
Community Services Linda Ayres X
Peter Johnson Building Safety X
Fire Department Dave Ott X
Law Enforcement Larry Kratzer X
Licensing Sonia Kukkola X
Street Department Jeff Pierce X
Attach r eport for denial or any recommendation requiring stipulations.
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
12/07/2021
Meeting Type: Town Council Combined Regular Meeting/Work
Session
Agenda Type: Consent Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Approving a Map of Dedication for Keystone Fountain
Hills.
Staff Summary (Background)
Kesystone Fountain Hills, now known as The Havenly, is a new 147-unit, multifamily development
located at the northwest corner of La Montana and Avenue of the Fountains. The Planned Area
Development zoning and site plan for this property was approved in August 2019. Construction has
been ongoing and the first phase of the development is nearing completion.
The development plans include internal access, drainage, and utility easements. The attached Map of
Dedication provides the easements associated with those improvements.
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 approval of the Map of Dedication for Keystone of Fountain Hills.
SUGGESTED MOTION
MOVE to approve the Map of Dedication for Keystone of Fountain Hills and accept the dedications.
Attachments
Vicinity Map
Map of Dedication
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 11/15/2021 09:58 AM
Form Started By: John Wesley Started On: 11/10/2021 01:48 PM
Final Approval Date: 11/15/2021
VicinityCASE:S2020-06SITE / ADDRESS:16550 E Avenue of the FountainsAPN#176-07-853REQUEST:Map of Dedication for Keystone(The Havenly)All that is Ari
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FO
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LA MONTANA DRVICINITY MAP
A FINAL PLAT OF
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LOCATED IN THE NORTHEAST QUARTER OF SECTION 15,
TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.
TOWN APPROVAL
SURVEYOR'S CERTIFICATION
SURVEYOR
SHEET INDEX
BASIS OF BEARINGS
SITE DATA
NOTES
OWNER
LEGAL DESCRIPTION
A FINAL PLAT OF1 2KEYSTONE FOUNTAIN HILLSFOUNTAIN HILLS, ARIZONACONVEYANCE AND DEDICATION
NOTARY ACKNOWLEDGMENT
APPROVALS
ASSURED WATER SUPPLY
UTILITY AND PUBLIC SERVICES
ASSURANCE STATEMENT
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DETAIL "A"
ITEM 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
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 Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License application for
the Fountain Hills VFW Post 7505 for a second location beer garden in conjunction with the Fountain
Festival of Arts and Crafts on February 25, 26, and 27, 2022
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Boris Biloskirka, representing the Fountain Hills VFW Post 7507 for submission
to the Arizona Department of Liquor. The applicant and Fountain Hills VFW are keenly aware that the
final issuance of a liquor license as well as approval to hold the Fountain Festival of Arts and Crafts on
February 25th-27th, 2022, is contingent upon the state, county, and local ordinances and guidelines as it
relates to public health and the COVID-19 pandemic. Furthermore, the applicant and Fountain Hills
VFW understand the Avenue of the Fountains may not be able to serve as the venue and that the
Fountain Festival of Arts and Crafts event is subject to cancellation. All special event liquor license
applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid
and the application is reviewed by Town staff, the application is forwarded to the Town Council for
review and consideration. After the application is approved by Town Council, the applicant will bring the
signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed
for the duration of the event. The special event liquor license application was reviewed by staff for
compliance with Town ordinances and staff unanimously recommends approval of the application as
submitted.
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)
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 11/24/2021 01:44 PM
Finance Director David Pock 11/24/2021 03:26 PM
Town Attorney Aaron D. Arnson 11/29/2021 10:15 AM
Town Manager Grady E. Miller 11/29/2021 02:42 PM
Form Started By: Linda Ayres Started On: 11/24/2021 11:32 AM
Final Approval Date: 11/29/2021
ITEM 7. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
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 Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License application for
the Fountain Hills VFW Post 7505 for a beer garden in conjunction with the Fountain Festival of Arts and
Crafts on February 25, 26, and 27, 2022
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Boris Biloskirka, representing the Fountain Hills VFW Post 7507 for submission
to the Arizona Department of Liquor. The applicant and Fountain Hills VFW are keenly aware that the
final issuance of a liquor license as well as approval to hold the Fountain Festival of Arts and Crafts on
February 25th-27th, 2022, is contingent upon the state, county, and local ordinances and guidelines as it
relates to public health and the COVID-19 pandemic. Furthermore, the applicant and Fountain Hills
VFW understand the Avenue of the Fountains may not be able to serve as the venue and that the
Fountain Festival of Arts and Crafts event is subject to cancellation. All special event liquor license
applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid
and the application is reviewed by Town staff, the application is forwarded to the Town Council for
review and consideration. After the application is approved by Town Council, the applicant will bring the
signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed
for the duration of the event. The special event liquor license application was reviewed by staff for
compliance with Town ordinances and staff unanimously recommends approval of the application as
submitted.
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
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 11/24/2021 01:44 PM
Finance Director David Pock 11/24/2021 03:26 PM
Town Attorney Aaron D. Arnson 11/29/2021 10:13 AM
Town Manager Grady E. Miller 11/29/2021 02:44 PM
Form Started By: Linda Ayres Started On: 11/24/2021 11:22 AM
Final Approval Date: 11/29/2021
ITEM 7. H.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
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 Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: approving a Special Event Liquor License application for
the Fountain Hills Community Services for a beer garden in conjunction with the Music Fest on April 1 &
2, 2022.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Linda Ayres, representing the Fountain Hills Community Services (FHCS) for
submission to the Arizona Department of Liquor. The applicant is keenly aware that is contingent upon
the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19
pandemic. After the application is approved by Town Council, the applicant will bring the signed
paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the
duration of the event. The special event liquor license application was reviewed by staff for compliance
with Town ordinances and staff unanimously recommends approval of the application as submitted.
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
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 11/24/2021 01:43 PM
Finance Director David Pock 11/24/2021 03:26 PM
Town Attorney Aaron D. Arnson 11/29/2021 10:12 AM
Town Manager Grady E. Miller 11/29/2021 02:42 PM
Form Started By: Linda Ayres Started On: 11/10/2021 08:39 AM
Final Approval Date: 11/29/2021
ITEM 7. I.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
Agenda Type: Consent
Submitting Department: Community Services
Prepared by: Rachael Goodwin, Community Services Director
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Resolution 2021-37 Adopting the Youth Field, Court, and
Sport League Fee Waiver Policy.
Staff Summary (Background)
During the November 16, 2021, Regular Council Meeting, the Town Council voted unanimously to
approve the Youth Field, Court, and Sport League Fee Waiver Policy. In order to formalize this policy it is
recommended that a resolution be utilized to adopt the policy, as has been done in the past with policy
adoptions.
Related Ordinance, Policy or Guiding Principle
Sponsorship and Naming Rights Policy
Risk Analysis
Youth sport programs and leagues are a vital part of the recreational services offered within Fountain
Hills. Many organizations are financially unable to pay full rates for the use of Town fields and sports
courts, however the Town incurs direct and indirect costs for usage of the facilities. Fee waivers must be
considered to adequately support youth programs while balancing the resulting fiscal repercussions.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the Youth Field, Court, and Sport League Fee Waiver Policy
SUGGESTED MOTION
MOVE to Approve the Youth Field, Court, and Sport League Fee Waiver Policy
Attachments
DRAFT- Youth Field, Court and Sport Fee Policy
Form Review
Inbox Reviewed By Date
Community Services Director (Originator)Rachael Goodwin 11/04/2021 04:17 PM
Finance Director David Pock 11/04/2021 06:25 PM
Town Attorney Aaron D. Arnson 11/04/2021 08:35 PM
Town Manager Grady E. Miller 11/05/2021 11:46 AM
Form Started By: Rachael Goodwin Started On: 10/31/2021 01:40 PM
Final Approval Date: 11/18/2021
DRAFT: Youth Field, Court, and Sport League Fee Waiver Policy
The Town establishes the following Youth Field, Court, and Sport League Fee Waiver Policy to provide a
uniform set of guidelines regarding requests for Town resources and the associated rental fees.
Purpose: The Town is regularly requested to reduce park/field/court use fees for youth athletic program
use. This policy is designed to pro vide an equitable means for organizers to apply for fee reductions and
to establish mutually beneficial partnerships between the department and the community. This policy
shall establish the guidelines, criteria, and process for youth field, court, and spo rt league resource
allocation as well as applicable conditions for fee reductions.
Guidelines: Fee reductions are for established facility permit or reservation fees only. Direct cos ts
including but not limited to field preparations, materials, traffic co ntrol, staff time, or other Town fees
are not eligible for a fee reduction under this policy. No more than 50% of the applicable rental fees may
be waived. In exceptional circumstances, should additional considerations arise, a User Agreement will
be considered if mutually beneficial for the Town and the requesting organization.
Fee waivers do not relieve the applicant from payments and obligations for the following:
a. Insurance/indemnification requirements;
b. Other permits as required for the program or a ctivity;
c. Security/damage deposit or other financial obligations associated with the program or activity;
d. Other conditions of approval that may be required.
Fountain Hills Youth Sports Alliance : The Town recognizes the many partnerships that exist within th e
community. It is through these partner programs that many local youth sport leagues are operated. In
order to qualify for fee reductions for youth field, court or league rentals, participation within the
Alliance is required. The Youth Sports Alliance is open to all youth programs and leagues that operate
within Fountain Hills and serve the youth of our community.
Qualifications: In order to qualify for the Fountain Hills Youth Spots Alliance, members must be a youth
sports organization documented by le gal status and insured with General Liability protection per the
Town’s standards. The organization must be led by a board, commission, or other governing group that
is comprised of at least 50% Fountain Hills residents. Members must be in good financial s tanding with
the Town of Fountain Hills and provide sports based youth development programs that compliment
Town programming efforts and are not in direct competition. Please review the Fountain Hills Youth
Sports Alliance Handbook for further details.
Alliance members must also provide:
a. An organizational chart that lists all formal board members, commissioners, or governing
individuals (ex: league president, director or executive officer), and proof of Fountain Hills
residency.
b. The most recent organizati onal meeting minutes.
c. Operating guidelines in the form of bylaws, rules, regulations, and/or written organizational
operating policies and procedures.
d. Organizational financial statements, records, budgets and/or ledgers consistent with generally
accepted accounting principles.
e. A current certificate of insurance, meeting all insurance requirements as per Town of Fountain
Hills standards.
f. A copy of the most recent league rosters to include the required minimum of 80% Fountain
Hills residents.
g. A written code of conduct that follows the Arizona Sport Summit Accord, and that all members
of the organization shall abide by throughout the Alliance year.
Priority: The following has been established to create a priority allocation system to allow for
cooperative use of the limited fields and court spaces available within Fountain Hills.
Priority 1- Fountain Hills Town Programs and Field/Facility Maintenance and Repairs
Priority 2- Organizations with Contractual Agreements with the Town of Fountain Hills , including
Intergovernmental Agreements, Contractual Rentals, etc.
Priority 3- Members of the Sports Alliance -In Season/Primary Season
a) Prior site history
b) N umber of participants
Priority 4- Member of the Sports Alliance - Out of Season/Other Season
a) Prior site history
b) Number of participants
Priority 5- All other requests for field and court usage
Other Policy Obligations: Any reduction of Town of Fountain Hills facility fees above will not affect the
applicant's obligation to comply with the remaining qualifications, restrictions and criteria of this policy.
a. The organization will be expected to pay other Town costs or insurance as required by this policy
or by ordinance.
b. Members that fail to abide by the guidelines and requirements set forth in this policy will be
ineligible to receive future fee waivers or fee reductions for a period of at least one (1) year .
c. Scheduling and use of Town facilities are subject to the availability of the requested facilities.
d. Reduced fee programs do not have preference over Town programs and activities or previous
commitments to third parties.
e. Applicants are required to adhere t o all applicable rules, regulations, laws, and ordinances of the
Town of Fountain Hills and other applicable governmental entities.
RESOLUTION NO. 2021-37
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA,
APPROVING THE TOWN OF FOUNTAIN HILLS, ARIZONA
TOWN COUNCIL YOUTH FIELD, COURT, AND SPORT LEAGUE
FEE WAIVER POLICY
RECITALS:
WHEREAS, following direction received from the Town Council on Tuesday, September 7, 2021,
staff developed the Youth Field, Court, and Sport League Fee Waiver Policy, providing a uniform
set of guidelines regarding requests for Town resources and associated rental fees for youth
sports, leagues, and organizations.
WHEREAS, the proposed policy provides an equitable means for organizers to apply for fee
reductions and to establish mutually beneficial partnerships between the Town and the
community.
WHEREAS, the Fountain Hills Town Council voted unanimously on November 16, 2021, to
approve said policy, and now wishes to formalize it through adoption of this resolution.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS that the Youth Field, Court, and Sport League Fee Waiver Policy, attached
hereto as Exhibit A, is hereby adopted.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 7th day of December, 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. Arnson, Town Attorney
RESOLUTION 2021-37 PAGE 2
EXHIBIT ‘A’
YOUTH FIELD, COURT, AND SPORT LEAGUE FEE WAIVER POLICY
The Town establishes the following Youth Field, Court, and Sport League Fee Waiver Policy to provide a
uniform set of guidelines regarding requests for Town resources and the associated rental fees.
Purpose: The Town is regularly requested to reduce park/field/court use fees for youth athletic program
use. This policy is designed to provide an equitable means for organizers to apply for fee reductions and to
establish mutually beneficial partnerships between the department and the community. This policy shall
establish the guidelines, criteria, and process for youth field, court, and sport league resource allocation as
well as applicable conditions for fee reductions.
Guidelines: Fee reductions are for established facility permit or reservation fees only. Direct costs including
but not limited to field preparations, materials, traffic control, staff time, or other Town fees are not eligible
for a fee reduction under this policy. No more than 50% of the applicable rental fees may be waived. In
exceptional circumstances, should additional considerations arise, a User Agreement will b e considered if
mutually beneficial for the Town and the requesting organization.
Fee waivers do not relieve the applicant from payments and obligations for the following:
a. Insurance/indemnification requirements;
b. Other permits as required for the program or activity;
c. Security/damage deposit or other financial obligations associated with the program or activity;
d. Other conditions of approval that may be required.
Fountain Hills Youth Sports Alliance: The Town recognizes the many partnerships that exist within the
community. It is through these partner programs that many local youth sport leagues are operated. In order
to qualify for fee reductions for youth field, court or league rentals, participation within the Alliance is
required. The Youth Sports Alliance is open to all youth programs and leagues that operate within Fountain
Hills and serve the youth of our community.
Qualifications: In order to qualify for the Fountain Hills Youth Spots Alliance, members must be a youth
sports organization documented by legal status and insured with General Liability protection per the Town’s
standards. The organization must be led by a board, commission, or other governing group that is
comprised of at least 50% Fountain Hills residents. Members must be in good fin ancial standing with the
Town of Fountain Hills and provide sports based youth development programs that compliment Town
programming efforts and are not in direct competition. Please review the Fountain Hills Youth Sports
Alliance Handbook for further details.
Alliance members must also provide:
a. An organizational chart that lists all formal board members, commissioners, or governing individuals
(ex: league president, director or executive officer), and proof of Fountain Hills residency.
b. The most recent organizational meeting minutes.
c. Operating guidelines in the form of bylaws, rules, regulations, and/or written organizational operating
policies and procedures.
RESOLUTION 2021-37 PAGE 3
d. Organizational financial statements, records, budgets and/or ledgers consistent with generally
accepted accounting principles.
e. A current certificate of insurance, meeting all insurance requirements as per Town of Fountain Hills
standards.
f. A copy of the most recent league rosters to include the required minimum of 80% Fountain Hills
residents.
g. A written code of conduct that follows the Arizona Sport Summit Accord, and that all members of the
organization shall abide by throughout the Alliance year.
Priority: The following has been established to create a priority allocation system to allow for cooperative
use of the limited fields and court spaces available within Fountain Hills.
Priority 1 Fountain Hills Town Programs and Field/Facility Maintenance and Repairs
Priority 2 Organizations with Contractual Agreements with the Town of Fountain Hills, including
Intergovernmental Agreements, Contractual Rentals, etc.
Priority 3 Members of the Sports Alliance-In Season/Primary Season
a) Prior site history
b) Number of participants
Priority 4 Member of the Sports Alliance- Out of Season/Other Season
a) Prior site history
b) Number of participants
Priority 5 All other requests for field and court usage
Other Policy Obligations: Any reduction of Town of Fountain Hills facility fees above will not affect the
applicant's obligation to comply with the remaining qualifications, restrictions and criteria of this policy.
a. The organization will be expected to pay other Town costs or insurance as required by this policy or by
ordinance.
b. Members that fail to abide by the guidelines and requirements set forth in this policy will be ineligible to
receive future fee waivers or fee reductions for a period of at least one (1) year.
c. Scheduling and use of Town facilities are subject to the availability of the requested facilities.
d. Reduced fee programs do not have preference over Town programs and activities or previous
commitments to third parties.
e. Applicants are required to adhere to all applicable rules, regulations, laws, and ordinances of the Town
of Fountain Hills and other applicable governmental entities.
ITEM 7. J.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
Agenda Type: Consent
Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information: Aaron D. Arnson, Town Attorney
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Approval of Amended and Restated Employment
Agreement between the Town of Fountain Hills and Grady E. Miller.
Staff Summary (Background)
Town Manager Grady Miller is employed by the Town of Fountain Hills pursuant to an Employment
Agreement, which was last amended in June 2017. In November 2021, the Town Council held salary
discussions in executive session pursuant to A.R.S. § 38-431.03(A)(1) and directed the Town Attorney to
prepare an amendment to the Employment Agreement for consideration and possible action. This
Amended and Restated Employment Agreement:
Raises the Town Manager’s base salary to $180,000.00, from the current base salary of
$154,664.00;
Changes the date of the Town Manager’s annual review from April to October, consistent with
the Council’s and Manager’s mutual preference and recent practice;
Updates the previous version of the agreement to remove obsolete references and unnecessary
provisions; and
Makes minor technical, wording, and grammatical changes.
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)
Consistent with the Council’s direction, staff recommends approval of the Amended and Restated
Employment Agreement Between the Town of Fountain Hills and Grady E. Miller.
SUGGESTED MOTION
MOVE to approve the Amended and Restated Employment Agreement Between the Town of Fountain
Hills and Grady E. Miller.
Attachments
New Agreement
Redline Agreement
Form Review
Inbox Reviewed By Date
Finance Director David Pock 11/22/2021 01:56 PM
Town Attorney Aaron D. Arnson 11/22/2021 02:03 PM
Town Manager Grady E. Miller 11/22/2021 02:22 PM
Form Started By: Elizabeth A. Klein Started On: 11/22/2021 07:52 AM
Final Approval Date: 11/22/2021
1
EMPLOYMENT AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
GRADY E. MILLER
Amended and Restated December 7, 2021
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this
“Agreement”) is made and entered into December 7, 2021, by and between the Town of Fountain
Hills, an Arizona municipal corporation (the “Town”) and Grady E. Miller (“Miller”).
RECITALS
A. The Town and Miller entered into an employment agreement on May 21, 2015,
and an amended and restated employment agreement on June 15, 2017 (collectively, the
“Employment Agreement”), to provide certain benefits, to establish certain conditions of
employment, and to set working conditions for Miller.
B. It is the desire of the Mayor and Council of the Town of Fountain Hills (the
“Town Council”) to continue to employ Miller as Town Manager of the Town, as provided by
Article 3-1 of the Fountain Hills Town Code (the “Town Code”) and to modify the Employment
Agreement to increase Miller’s salary and to amend other provisions as agreed upon herein.
C. Miller desires to continue his employment as Town Manager of the Town.
D. The parties acknowledge that Miller is a member of the International City/County
Management Association (“ICMA”), and that Miller is subject to the ICMA Code of Ethics.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby
incorporated into and are deemed an integral part of this Agreement, the mutual covenants set
forth below and other good and valuable consideration, the receipt and sufficiency of which are
mutually acknowledged by the parties hereto, the Town and Miller hereby agree as follows:
1. Duties. Miller shall perform the functions and duties specified for the Town
Manager in the Town Code and to perform other legally permissible and proper duties and
functions as the Town Council shall from time-to-time assign. Miller shall not be reassigned
from the position of Town Manager to another position without his express, written consent.
2. Term. This Agreement shall be effective as of the date first set forth above and
shall remain in full force and effect until terminated by either the Town or Miller as set forth
below. The Town and Miller agree that Miller shall continue his official duties for the Town
and, during the term of this Agreement, Miller shall be in the exclusive employ of the Town and
shall not accept other employment or carry out any other business except that of the position of
2
the Town Manager unless authorized to do so by the Town Council, in writing, prior to Miller
engaging in such other activity; provided, however, that any such additional duties shall be
conducted on Miller’s vacation time and without the use of Town resources or equipment.
3. Termination. This Agreement may be terminated by the Town with or without
cause at any time, subject only to subsection 3-1-l(E) of the Town Code and the severance
provisions set forth in subsections 3.1 and 3.2 below. Miller may terminate this Agreement at
any time, with or without cause, upon not less than 30 days written notice to the Town Council.
3.1 Severance With Cause. If the Town Council terminates this Agreement
with cause, no severance pay will be paid to Miller unless otherwise approved by the Town
Council in its sole discretion. For the purposes of this Agreement, “with cause” shall mean that
the Town Council, at a duly posted public meeting, has determined that Miller has:
(A) committed an act of gross insubordination by refusing to take a legal, valid action that is
clearly within the scope of his employment when specifically directed to do so by a majority of
the Town Council at a duly posted public meeting, (B) been incarcerated and charged with a
felony as defined in Arizona Revised Statutes (the Town Council may, in its sole discretion,
choose to suspend Miller with pay during the pendency of any such prosecution), (C) either in
his personal or professional capacity, severely damaged the reputation of the Town or the Town
Council, (D) materially failed to perform a significant portion of his duties as the Town Manager
as set forth in this Agreement, (E) caused or by gross negligence allowed any practice, activity,
decision or organizational circumstance that is either illegal or im moral, (F) violated provisions
of the ICMA Code of Ethics, or (G) committed malfeasance in office or willful breach or
habitual neglect of the duties described in subsection 3-1-l(H) of the Town Code.
3.2 Severance Without Cause.
A. In the event the Town Council terminates this Agreement without
cause, Miller shall be entitled to severance pay in an amount equal to six months of his annual
base salary, benefits and allowances (excluding the value of the use of a Town vehicle, but
including any automobile allowance granted by the Town Council pursuant to subsection 6.5
below), including pay-out of accrued vacation and sick leave at the then-current rates set forth
for all Town employees in the Town’s personnel rules, at the time of such termination, but
specifically excluding any payout for unused Management Leave as described in Subsection 6.7
below. Payment of any such severance shall be contingent upon all of the following:
(1) Miller executing a severance agreement acceptable to both
parties, which shall include Miller’s (a) full release of the Town and all its agents and employees
from any and all claims, including but not limited to, demands, damages, causes of action or
liability arising out of Miller’s employment or termination of employment with Town, (b)
agreement not to initiate or cause to be initiated under any lawsuit, claim, grievance proceeding
or investigation of any kind, under any contract, law or regulation, pertaining to his employment
with the Town, and (c) acknowledgement that the Town will provide no more than neutral
references for Miller, but that the Town may be required to disclose any and all records related
to such termination pursuant to a valid request for public records.
3
(2) Miller making himself reasonably available as needed by
the Town for consulting purposes for a period of time equal to the number of months of severance
paid.
B. It shall be deemed severance without cause if, at any time during
the term of this Agreement the Town Council (1) reduces Miller’s salary or other financial
benefits in a greater percentage than an applicable across-the-board reduction for all Town
employees or (2) refuses to comply with a material term of this Agreement within 30 days after
written notice from Miller.
C. If Miller’s employment is terminated pursuant to this subsection
3.2, all fringe benefits furnished by Town shall terminate on the date of termination of this
Agreement.
3.3 Voluntary Resignation. In the event Miller voluntarily terminates this
Agreement for any reason, he shall not be entitled to severance pay, unless otherwise approved
by the Town Council in its sole discretion.
3.4 Forced Resignation. In the event of a suggestion, either formal or
informal, by one or more members of the Town Council, including the Mayor, that he resign,
Miller may require that the Mayor, Town Council and Miller meet and discuss the matter in an
effort to resolve any disagreement or misunderstanding that led to the suggestion of resignation,
subject to compliance with the Open Meeting Law and other applicable laws. If Miller resigns
following an offer to accept resignation by a majority of the Town Council, whether formal or
informal, then he may declare a termination as of the date of the acceptance.
4. Suspension. If the Town Council has determined that “for cause” termination is
appropriate as set forth in subsection 3.1 above, the Town Council may, in its sole discretion, as
an alternative to, or prior to, termination, suspend Miller with or without pay for a period of up
to 30 days.
5. Disability. If Miller is permanently disabled or is otherwise unable to fulfill his
duties hereunder due to sickness, accident, injury, health or mental incapacity for a period of four
consecutive weeks beyond any accrued sick leave, or a minimum of 12 weeks as defined under
the Family Medical Leave Act of 1993 (FMLA) should said accrued sick leave be less than
twelve weeks, the Town shall have the option to terminate this Agreement; provided, the Town
shall pay the full amount of severance pay set forth in Section 3 above. Miller shall, during such
disability event, continue to accrue vacation leave and sick leave and receive holiday
compensation benefits. A termination due to disability shall not be exercised unreasonably.
6. Compensation.
6.1 Salary. The Town agrees to pay Miller a base salary of $180,000.00,
beginning with the first pay period immediately after the date on which this Agreement is
effective, for his services rendered pursuant to this Agreement, payable in installments at the
same time as other management employees of the Town are paid. In the event Miller has met or
4
exceeded the Town Council’s expectations during any fiscal year under this Agreement, as
determined according to the performance evaluation criteria set forth in Section 7 below, Miller’s
base salary shall be increased in each fiscal year by the same percentage amount approved by
the Town Council for other Fountain Hills employees as a merit increase, market adjustment
and/or cost of living increase, if any, as part of the Town’s annual budget. The Town shall adjust
Miller’s other benefits in such amounts as are generally provided other Town employees.
6.2 Disability Health and Life Insurance. The Town agrees to provide life,
accident, sickness, short- and long-term disability income benefits, major medical,
hospitalization, surgical and comprehensive medical insurance, workers compensation and
FMLA benefits in the same manner and at the same benefit level as is generally provided to all
the Town employees. Except as otherwise provided in this Agreement, Miller shall be entitled,
at a minimum, to the highest level of benefits enjoyed by and/or available to other employees,
department heads or general employees of the Town as provided by the Town’s policies, Town
Code, ordinances, personnel rules and regulations or other practices. Miller may choose to forego
coverage under this Subsection, in which case the Town shall provide Miller with a stipend of
$500.00 per month to offset medical costs.
6.3 Retirement and Deferred Compensation. The Town shall make
contributions to the Town's ICMA 401 plans on Miller's behalf in the same amount as
contributed for other management employees of the Town. Miller may, at his sole option and
expense, contribute to the Town’s existing ICMA-RC 457 plan account (any catch-up amounts
permitted by the plan shall be made separately by Miller). Such contributions shall be in 26
equal bi-monthly installments. The Town further agrees to transfer ownership of Miller’s
plan(s), to the extent permitted by law, to any succeeding employer in the event of Miller’s
termination of employment, for any reason.
6.4 Cellular Telephone. The Town shall provide Miller a $75.00 monthly
cellular telephone stipend. Miller shall maintain a cellular telephone, with a telephone number
published internally in the Town directory, for use in conducting Town business.
6.5 Automobile. The Town shall provide Miller with a vehicle allowance of $600.00 per month.
6.6 Vacation and Sick Leave. Miller shall accrue vacation and sick leave at
the same rate as granted other employees. Miller shall be compensated for unused vacation and
sick leave upon termination according to the provisions of the Town’s then-current personnel
rules relating thereto.
6.7 Management Leave. Miller shall be granted, on July 1 of each year, 80
hours of Management Leave to be used at his discretion. Leave under this Subsection 6.7 shall
not accumulate from year to year, and the unused portion shall be forfeit on June 30 of each year.
This leave shall not be included as a portion of Severance Pay as set forth in Section 3 above.
7. Performance Evaluation. The Town Council shall annually review and evaluate
Miller's performance in or around October of each year. Miller’s review and evaluation shall be
5
based upon: (i) success at fulfilling the reasonably achievable goals and performance objectives
set forth by the Town Council in its annual goal-setting retreat, (ii) personnel management,
including overall management style and ability to lead and direct staff and ability to supervise
department heads, but specifically excluding any evaluation of Miller’s hiring and firing
decisions with respect to individual staff members, (iii) obtainment of additional, reasonably
achievable policy objectives and goals as set forth by a majority of the Town Council at a public
meeting; provided, however, that such goals and objectives are generally obtainable within the
time allowed and within the limitations of the annual budget and (iv) professionalism, including
manner of addressing the Town Council, preparation of Council agendas and supporting material
and preparation and management of the annual budget.
8. Hours of Work. The Town Council recognizes that Miller is a salaried employee
and must devote a great deal of time beyond the normal office hours to business of the Town
and, to that end, Miller will be allowed to take reasonable time off as he shall deem appropriate
during said normal office hours.
9. Dues and Subscriptions. The Town agrees to budget for and to pay for Miller’s
professional dues and subscriptions necessary for his continuation and full participation in
national, regional, state and local associations and organizations of which he is currently a
member or expected to be a member because of his position as Town Manager, and for other
necessary and desirable expenses for his continued professional participation, growth, and
advancement, and for the good of the Town, as the Town Council deems appropriate. This
benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above.
10. Professional Development.
10.1 Professional Associations. The Town hereby agrees to budget for and to
pay for Miller’s travel expenses of professional and official travel, meetings, and occasions it
deems necessary to continue his professional development and to adequately pursue necessary
official functions for the Town, including but not limited to the ICMA annual conference, the
Arizona City/County Management Association conferences, the League of Arizona Cities and
Towns annual conference, and such other national, regional, state, and local governmental groups
and committees thereof on which Miller serves as a member. This benefit shall not be included
as a portion of Severance Pay as set forth in Section 3 above.
10.2 Continuing Education. The Town also agrees to budget for and to pay for
Miller's reasonable travel, registration and subsistence expenses for short courses, institutes and
seminars that it deems necessary for his professional development and for the good of the Town.
This benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above.
11. Expenses. The Town recognizes that certain expenses of a non-personal and
generally job-affiliated nature are periodically incurred by Miller. The Town agrees to: (A)
reimburse or to pay said general expenses and (B) authorize the Finance Director or authorized
designee to disburse such monies upon receipt of duly executed expense or petty cash
vouchers, receipts, statements or personal affidavits.
6
12. Civic Club Membership. The Town recognizes the desirability of representation
in and before local civic and other organizations, and Miller is authorized to become a member
of such civic clubs or organizations the Town Council deems necessary and for which the Town
shall pay all expenses. Miller shall report to the Town on each membership that he has taken out
at the Town's expense.
13. Indemnification. In addition to that required under state and local law, the Town
shall defend, save harmless, and indemnify Miller from and against any tort, professional
liability claim, or demand or other legal action, whether groundless or otherwise, arising out of
an alleged act or omission occurring in the performance of Miller’s duties as prescribed by the
Town Code or separate directions of the Town Council.
14. Bonding. The Town shall bear the full cost of any fidelity or other bonds required
of Miller under any law or ordinance.
15. Default; Cure. Failure or unreasonable delay by Miller or the Town to perform or
otherwise act in accordance with any term or provision hereof shall constitute a breach of this
Agreement and, if the breach is not cured within 30 days after written notice thereof from the
other party, shall constitute a default under this Agreement; provided, however, that if the failure
is such that more than 30 days would reasonably be required to perform such action or comply
with any term or provision hereof, then the party shall have such additional time as may be
necessary to perform or comply so long as the party commences performance or compliance
within 15 days after written notice and diligently proceeds to complete such performance or
fulfill such obligation (the “Cure Period”); provided further, however, that no such cure period
shall exceed 90 days, unless otherwise agreed to, in writing, by the parties. Any notice of a
breach shall specify the nature of the alleged breach and the manner in which said breach may
be satisfactorily cured, if possible. In the event a breach is not cured within the Cure Period,
the non-defaulting party shall have all rights and remedies which may be available under
law or equity.
16. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly
given if: (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below or (iii) given to a
recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Mayor
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Town Attorney
7
If to Miller: Grady E. Miller
16344 East Crystal Ridge Drive
Fountain Hills, Arizona 85268
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 Section. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day.
If a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
17. Waiver. No delay in exercising any right or remedy shall constitute a waiver
thereof, and no waiver by the Town or Miller of the breach of any covenant of this Agreement
shall be construed as a waiver of any preceding or succeeding breach of the same or any other
covenant or condition of this Agreement.
18. Attorneys’ Fees. In the event either party finds it necessary to bring any action at
law or other proceeding against the other party to enforce any of the terms, covenants or
conditions hereof, or by reason of any breach or default hereunder, the party prevailing in such
action or other proceeding shall be paid all reasonable costs and reasonable attorneys’ fees by
the other party and, in the event any judgment is secured by said prevailing party, all such costs
and attorneys' fees shall be included therein, such fees to be set by the court and not by jury.
19. Headings. The descriptive headings of the sections of this Agreement are inserted
for convenience only and shall not control or affect the meaning or construction of any of the
provisions hereof.
20. Further Acts. Each of the parties hereto shall execute and deliver all such
documents and perform all such acts as reasonably necessary, from time to time, to carry out the
matters contemplated by this Agreement.
21. Time of the Essence. Time is of the essence in this Agreement.
22. Assignment. This Agreement may not be assigned, in whole or in part.
23. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof. All prior and contemporaneous
agreements, representations and understandings of the parties, oral or written, are hereby
superseded and merged herein.
24. Amendment. No amendment or waiver of any provision in this Agreement will
8
be binding (i) on the Town unless and until it has been approved by the Town Council and has
become effective or (ii) on Miller unless and until it has been executed by Miller or his
authorized representative.
25. Governing Law. This Agreement is entered into in Arizona and shall be
construed and interpreted under the laws of the State of Arizona.
26. Severability. Every provision of this Agreement is and will be construed to be a
separate and independent covenant. If any provision in this Agreement or the application of the
same is, to any extent, found to be invalid or unenforceable, then the remainder of this
Agreement or the application of that provision to circumstances other than those to which it is
invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each
provision in this Agreement will be valid and will be enforced to the extent permitted by law and
the parties will negotiate in good faith for such amendments of this Agreement as may be
necessary to achieve its intent, notwithstanding such invalidity or unenforceability.
27. Covenant of Good Faith. In exercising their rights and in performing their
obligations pursuant to this Agreement, the parties will cooperate with one another in good faith
to ensure the intent of this Agreement can be attained. The Town and its Town Council shall not
unreasonably withhold appropriation authority to fund the salary, benefits and other provisions
of this Agreement.
28. Conflict of Interest. This Agreement may be cancelled by the Town pursuant
to ARIZ. REV. STAT. § 38-511.
29. Counsel Assistance; Fair Interpretation.
29.1 Counsel for Miller. Miller has either been assisted by counsel in
connection with the preparation and execution of this Agreement or has chosen to forego such
legal representation despite a recommendation from the Town that Miller seek advice from legal
counsel.
29.2 Counsel for Town. The Town has been assisted by counsel of its own
choosing in connection with the preparation and execution of this Agreement.
29.3 Fair Interpretation. This Agreement shall be construed according to the
fair meaning of its language. The rule of construction that ambiguities shall be resolved against
the party who drafted a provision shall not be employed in interpreting this Agreement.
30. Non-Default. By executing this Agreement, Miller affirmatively asserts that: (i)
the Town is not currently in default, nor has been in default at any time prior to this Agreement,
under any of the terms or conditions of the Employment Agreement and (ii) any and all claims,
known or unknown relating to the Employment Agreement and existing on or before the date of
this Agreement are forever waived.
9
[SIGNATURES APPEAR ON FOLLOWING PAGE]
1
0
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS, an
Arizona municipal corporation
________________________________
Ginny Dickey, Mayor of Fountain Hills
ATTEST:
________________________________
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Miller”
Grady E. Miller, Town Manager
By: __________________________
1
EMPLOYMENT AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
GRADY E. MILLER
Amended and Restated December 7, 2021
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this
“Agreement”) is made and entered into December 7, 2021, by and between the Town of Fountain
Hills, an Arizona municipal corporation (the “Town”) and Grady E. Miller (“Miller”).
RECITALS
A. The Town and Miller entered into an employment agreement on May 21, 2015
(the “Original Agreement”), and an amended and restated employment agreement on June 15,
2017 (collectively, the “Employment Agreement”), to provide certain benefits, to establish
certain conditions of employment, and to set working conditions for Miller.
B. It is the desire of the Mayor and Council of the Town of Fountain Hills (the
“Town Council”) to continue to employ Miller as Town Manager of the Town, as provided by
Article 3-1 of the Fountain Hills Town Code (the “Town Code”) and to modify the Original
Employment Agreement to increase Miller’s automobile allowance and management
leavesalary and to amend other provisions as agreed upon herein.
C. Miller desires to continue his employment as Town Manager of the Town.
D. The parties acknowledge that Miller is a member of the International City/County
Management Association (“ICMA”), and that Miller is subject to the ICMA Code of Ethics.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby
incorporated into and are deemed an integral part of this Agreement, the mutual covenants set
forth below and other good and valuable consideration, the receipt and sufficiency of which are
mutually acknowledged by the parties hereto, the Town and Miller hereby agree as follows:
1. Duties. Miller shall perform the functions and duties specified for the Town
Manager in the Town Code and to perform other legally permissible and proper duties and
functions as the Town Council shall from time-to-time assign. Miller shall not be reassigned
from the position of Town Manager to another position without his express, written consent.
2. Term. This Agreement shall be effective as of the date first set forth above and
shall remain in full force and effect until terminated by either the Town or Miller as set forth
below. The Town and Miller agree that Miller shall continue his official duties for the Town
and, during the term of this Agreement, Miller shall be in the exclusive employ of the Town and
2
shall not accept other employment or carry out any other business except that of the position of
the Town Manager unless authorized to do so by the Town Council, in writing, prior to Miller
engaging in such other activity; provided, however, that any such additional duties shall be
conducted on Miller’s vacation time and without the use of Town resources or equipment.
3. Termination. This Agreement may be terminated by the Town with or without
cause at any time, subject only to subsection 3-1-l(E) of the Town Code and the severance
provisions set forth in subsections 3.1 and 3.2 below. Miller may terminate this Agreement at
any time, with or without cause, upon not less than 30 days written notice to the Town Council.
3.1 Severance With Cause. If the Town Council terminates this Agreement
with cause, no severance pay will be paid to Miller unless otherwise approved by the Town
Council in its sole discretion. For the purposes of this Agreement, “with cause” shall mean that
the Town Council, at a duly posted public meeting, has determined that Miller has:
(A) committed an act of gross insubordination by refusing to take a legal, valid action that is
clearly within the scope of his employment when specifically directed to do so by a majority of
the Town Council at a duly posted public meeting, (B) been incarcerated and charged with a
felony as defined in Arizona Revised Statutes (the Town Council may, in its sole discretion,
choose to suspend Miller with pay during the pendency of any such prosecution), (C) either in
his personal or professional capacity, severely damaged the reputation of the Town or the Town
Council, (D) materially failed to perform a significant portion of his duties as the Town Manager
as set forth in this Agreement, (E) caused or by gross negligence allowed any practice, activity,
decision or organizational circumstance that is either illegal or immoral, (F) violated provisions
of the ICMA Code of Ethics, or (G) committed malfeasance in office or willful breach or
habitual neglect of the duties described in subsection 3-1-l(H) and Section 3-1-10 of the Town
Code.
3.2 Severance Without Cause.
A. In the event the Town Council terminates this Agreement without
cause, Miller shall be entitled to severance pay in an amount equal to six months of his annual
base salary, benefits and allowances (excluding the value of the use of a Town vehicle, but
including any automobile allowance granted by the Town Council pursuant to subsection 6.5
below), including pay-out of accrued vacation and sick leave at the then-current rates set forth
for all Town employees in the Town’s personnel rules, at the time of such termination, but
specifically excluding any payout for unused Management Leave as described in Subsection 6.7
below. Payment of any such severance shall be contingent upon all of the following:
(1) Miller executing a severance agreement acceptable to both
parties, which shall include Miller’s (a) full release of the Town and all its agents and employees
from any and all claims, including but not limited to, demands, damages, causes of action or
liability arising out of Miller’s employment or termination of employment with Town, (b)
agreement not to initiate or cause to be initiated under any lawsuit, claim, grievance proceeding
or investigation of any kind, under any contract, law or regulation, pertaining to his employment
with the Town, and (c) acknowledgement that the Town will provide no more than neutral
references for Miller, but that the Town may be required to disclose any and all records related
3
to such termination pursuant to a valid request for public records.
(2) Miller making himself reasonably available as needed by
the Town for consulting purposes for a period of time equal to the number of months of severance
paid.
B. It shall be deemed severance without cause if, at any time during
the term of this Agreement the Town Council (1) reduces Miller’s salary or other financial
benefits in a greater percentage than an applicable across-the-board reduction for all Town
employees or (2) refuses to comply with a material term of this Agreement within 30 days after
written notice from Miller.
C. If Manager’s Miller’s employment is terminated pursuant to this
subsection 3.2, all fringe benefits furnished by Town shall terminate on the date of termination
of this Agreement.
D. Town and Miller acknowledge that the escrow agreement executed
between the Town and Miller relating to the 2015-2016 budget year (the "Escrow Agreement")
will expire by its terms on July 1, 2017, and all amounts held by the escrow officer according to
the Escrow Agreement will be returned to the Town within 15 days of such expiration.
3.3. Voluntary Resignation. In the event Miller voluntarily terminates this
Agreement for any reason, he shall not be entitled to severance pay, unless otherwise approved
by the Town Council in its sole discretion.
3.4 Forced Resignation. In the event of a suggestion, either formal or
informal, by one or more members of the Town Council, including the Mayor, that he resign,
Miller may require that the Mayor, Town Council and Miller meet and discuss the matter in an
effort to resolve any disagreement or misunderstanding that led to the suggestion of resignation,
subject to compliance with the Open Meeting Law and other applicable laws. If Miller resigns
following an offer to accept resignation by a majority of the Town Council, whether formal or
informal, then he may declare a termination as of the date of the acceptance.
4. Suspension. If the Town Council has made a determinationdetermined that “for
cause” termination is appropriate as set forth in subsection 3.1 above, the Town Council may, in
its sole discretion, as an alternative to, or prior to, termination, suspend Miller with or without
pay for a period of up to 30 days.
5. Disability. If Miller is permanently disabled or is otherwise unable to fulfill his
duties hereunder due to sickness, accident, injury, health or mental incapacity for a period of four
consecutive weeks beyond any accrued sick leave, or a minimum of 12 weeks as defined under
the Family Medical Leave Act of 1993 (FMLA) should said accrued sick leave be less than
twelve weeks, the Town shall have the option to terminate this Agreement; provided, the Town
shall pay the full amount of severance pay set forth in Section 3 above. Miller shall, during such
disability event, continue to accrue vacation leave and sick leave and receive holiday
compensation benefits. A termination due to disability shall not be exercised unreasonably.
4
6. Compensation.
6.1 Salary. The Town agrees to pay Miller a base salary of
$137,383.42180,000.00, for fiscal year 2017-18beginning with the first pay period immediately
after the date on which this Agreement is effective, for his services rendered pursuant to this
Agreement, payable in installments at the same time as other management employees of the
Town are paid. In the event Miller has met or exceeded the Town Council’s expectations during
any fiscal year under this Agreement, as determined according to the performance evaluation
criteria set forth in Section 7 below, Miller’s base salary shall be increased in each fiscal year
(beginning FY 2021-2022) by the same percentage amount approved by the Town Council for
other Fountain Hills employees as a merit increase, market adjustment and/or cost of living
increase, if any, as part of the Town’s annual budget. The Town shall adjust Miller’s other
benefits in such amounts as are generally provided other Town employees.
6.2 Disability Health and Life Insurance. The Town agrees to provide life,
accident, sickness, short- and long-term disability income benefits, major medical,
hospitalization, surgical and comprehensive medical insurance, workers compensation and
FMLA benefits in the same manner and at the same benefit level as is generally provided to all
the Town employees. Except as otherwise provided in this Agreement, Miller shall be entitled,
at a minimum, to the highest level of benefits enjoyed by and/or available to other employees,
department heads or general employees of the Town as provided by the Town’s policies, Town
Code, ordinances, personnel rules and regulations or other practices. Miller may choose to forego
coverage under this Subsection, in which case the Town shall provide Miller with a stipend of
$500.00 per month to offset medical costs.
6.3 Retirement and Deferred Compensation. The Town shall make
contributions to the Town's ICMA 401 plans on Miller's behalf in the same amount as
contributed for other management employees of the Town. Miller may, at his sole option and
expense, contribute to the Town’s existing ICMA-RC 457 plan account (any catch-up amounts
permitted by the plan shall be made separately by Miller). Such contributions shall be in 26
equal bi-monthly installments. The Town further agrees to transfer ownership of Miller’s
plan(s), to the extent permitted by law, to any succeeding employer in the event of Miller’s
termination from the Townof employment, for any reason.
6.4 Cellular Telephone. The Town shall provide Miller a $75.00 monthly
cellular telephone stipend. Miller shall maintain a cellular telephone, with a telephone number
published internally in the Town directory, for use in conducting Town business.
6.5 Automobile. The Town shall provide Miller with a vehicle allowance
of $600.00 per month.
6.6 Vacation and Sick Leave. Miller shall accrue vacation and sick leave at
the same rate as granted other employees; provided, however, that Miller shall be credited with
40 hours of vacation leave and 40 hours of sick leave, in addition to any unused amounts in his
vacation and sick leave "banks" as of the date of this Agreement, which shall be available on the
5
date he reports for duty as set forth in Section 2 above. Miller shall be compensated for unused
vacation and sick leave upon termination according to the provisions of the Town’s then-current
personnel rules relating thereto.
6.7 Management Leave. Miller shall be granted, on July 1 of each year, 80
hours of Management Leave to be used at his discretion. Leave under this Subsection 6.7 shall
not accumulate from year to year, and the unused portion shall be forfeit on June 30 of each year.
This leave shall not be included as a portion of Severance Pay as set forth in Section 3 above.
7. Performance Evaluation. The Town Council shall annually review and evaluate
Miller's performance as far in advance of the adoption of the annual operating budget as
practicable, but not later than April 30in or around October of each year. Miller’s review and
evaluation shall be based upon: (i) success at fulfilling the reasonably achievable goals and
performance objectives set forth by the Town Council in its annual goal-setting retreat, (ii)
personnel management, including overall management style and ability to lead and direct staff
and ability to supervise department heads, but specifically excluding any evaluation of Miller’s
hiring and firing decisions with respect to individual staff members, (iii) obtainment of
additional, reasonably achievable policy objectives and goals as set forth by a majority of the
Town Council at a public meeting; provided, however, that such goals and objectives are
generally obtainable within the time allowed and within the limitations of the annual budget and
(iv) professionalism, including manner of addressing the Town Council, preparation of Council
agendas and supporting material and preparation and management of the annual budget.
8. Hours of Work. The Town Council recognizes that Miller is a salaried employee
and must devote a great deal of time beyond the normal office hours to business of the Town
and, to that end, Miller will be allowed to take reasonable time off as he shall deem appropriate
during said normal office hours.
9. Dues and Subscriptions. The Town agrees to budget for and to pay for Miller’s
professional dues and subscriptions necessary for his continuation and full participation in
national, regional, state and local associations and organizations of which he is currently a
member or expected to be a member because of his position as Town Manager, and for other
necessary and desirable expenses for his continued professional participation, growth, and
advancement, and for the good of the Town, as the Town Council deems appropriate. This
benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above.
10. Professional Development.
10.1 Professional Associations. The Town hereby agrees to budget for and to
pay for Miller’s travel expenses of professional and official travel, meetings, and occasions it
deems necessary to continue his professional development and to adequately pursue necessary
official functions for the Town, including but not limited to the ICMA annual conference, the
Arizona City/County Management Association conferences, the League of Arizona Cities and
Towns annual conference, and such other national, regional, state, and local governmental
groups and committees thereof on which Miller serves as a member. This benefit shall not be
included as a portion of Severance Pay as set forth in Section 3 above.
6
10.2 Continuing Education. The Town also agrees to budget for and to pay for
Miller's reasonable travel, registration and subsistence expenses for short courses, institutes and
seminars that it deems necessary for his professional development and for the good of the Town.
This benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above.
11. Expenses.
12.
13. General Expenses. The Town recognizes that certain expenses of a non-personal
and generally job-affiliated nature are periodically incurred by Miller. The Town agrees to:
(iA) reimburse or to pay said general expenses and (iiB) authorizes the Finance Director or
authorized designee to disburse such monies upon receipt of duly executed expense or petty
cash vouchers, receipts, statements or personal affidavits.
14.11.
14.1 Relocation Allowance. The Town shall reimburse Miller up to $10,000.00
related to Miller's moving expenses (and other related storage costs) from his current residence
to Fountain Hills for household and personal items, but not including any livestock, personal pets
or recreational vehicles. All requests for reimbursement by Miller shall be accompanied by
receipts supporting such request.
15.12. Civic Club Membership. The Town recognizes the desirability of representation
in and before local civic and other organizations, and Miller is authorized to become a member
of such civic clubs or organizations the Town Council deems necessary and for which the Town
shall pay all expenses. Miller shall report to the Town on each membership that he has taken out
at the Town's expense.
16.13. Indemnification. In addition to that required under state and local law, the Town
shall defend, save harmless, and indemnify Miller from and against any tort, professional
liability claim, or demand or other legal action, whether groundless or otherwise, arising out of
an alleged act or omission occurring in the performance of Miller’s duties as prescribed by the
Town Code or separate directions of the Town Council.
17.14. Bonding. The Town shall bear the full cost of any fidelity or other bonds required
of Miller under any law or ordinance.
18.15. Default; Cure. Failure or unreasonable delay by Miller or the Town to perform or
otherwise act in accordance with any term or provision hereof shall constitute a breach of this
Agreement and, if the breach is not cured within 30 days after written notice thereof from the
other party, shall constitute a default under this Agreement; provided, however, that if the failure
is such that more than 30 days would reasonably be required to perform such action or comply
with any term or provision hereof, then the party shall have such additional time as may be
necessary to perform or comply so long as the party commences performance or compliance
within 15 days after written notice and diligently proceeds to complete such performance or
fulfill such obligation (the “Cure Period”); provided further, however, that no such cure period
shall exceed 90 days, unless otherwise agreed to, in writing, by the parties. Any notice of a
breach shall specify the nature of the alleged breach and the manner in which said breach may
7
be satisfactorily cured, if possible. In the event a breach is not cured within the Cure Period,
the non-defaulting party shall have all rights and remedies which may be available under
law or equity.
19.16. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly
given if: (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below or (iii) given to a
recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Mayor
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Town Attorney
If to Miller: Grady E. Miller
16344 East Crystal Ridge Drive
Fountain Hills, Arizona 85268
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 Section. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day.
If a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
20.17. Waiver. No delay in exercising any right or remedy shall constitute a waiver
thereof, and no waiver by the Town or Miller of the breach of any covenant of this Agreement
shall be construed as a waiver of any preceding or succeeding breach of the same or any other
covenant or condition of this Agreement.
21.18. Attorneys’ Fees. In the event either party finds it necessary to bring any action at
law or other proceeding against the other party to enforce any of the terms, covenants or
conditions hereof, or by reason of any breach or default hereunder, the party prevailing in such
action or other proceeding shall be paid all reasonable costs and reasonable attorneys’ fees by
the other party and, in the event any judgment is secured by said prevailing party, all such costs
and attorneys' fees shall be included therein, such fees to be set by the court and not by jury.
8
22.19. Headings. The descriptive headings of the sections of this Agreement are inserted
for convenience only and shall not control or affect the meaning or construction of any of the
provisions hereof.
23.20. Further Acts. Each of the parties hereto shall execute and deliver all such
documents and perform all such acts as reasonably necessary, from time to time, to carry out the
matters contemplated by this Agreement.
24.21. Time of the Essence. Time is of the essence in this Agreement.
25.22. Assignment. This Agreement may not be assigned, in whole or in part.
26.23. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof. All prior and contemporaneous
agreements, representations and understandings of the parties, oral or written, are hereby
superseded and merged herein.
27.24. Amendment. No amendment or waiver of any provision in this Agreement will
be binding (i) on the Town unless and until it has been approved by the Town Council and has
become effective or (ii) on Miller unless and until it has been executed by Miller or his
authorized representative.
28.25. Governing Law. This Agreement is entered into in Arizona and shall be
construed and interpreted under the laws of the State of Arizona.
29.26. Severability. Every provision of this Agreement is and will be construed to be a
separate and independent covenant. If any provision in this Agreement or the application of the
same is, to any extent, found to be invalid or unenforceable, then the remainder of this
Agreement or the application of that provision to circumstances other than those to which it is
invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each
provision in this Agreement will be valid and will be enforced to the extent permitted by law and
the parties will negotiate in good faith for such amendments of this Agreement as may be
necessary to achieve its intent, notwithstanding such invalidity or unenforceability.
30.27. Covenant of Good Faith. In exercising their rights and in performing their
obligations pursuant to this Agreement, the parties will cooperate with one another in good faith
to ensure the intent of this Agreement can be attained. The Town and its Town Council shall not
unreasonably withhold appropriation authority to fund the salary, benefits and other provisions
of this Agreement.
31.28. Conflict of Interest. This Agreement may be cancelled by the Town pursuant
to ARIZ. REV. STAT. § 38-511.
32.29. Counsel Assistance; Fair Interpretation.
9
32.129.1 Counsel for Miller. Miller has either been assisted by counsel in
connection with the preparation and execution of this Agreement or has chosen to forego such
legal representation despite a recommendation from the Town that Miller seek advice from legal
counsel.
32.229.2 Counsel for Town. The Town has been assisted by counsel of its
own choosing in connection with the preparation and execution of this Agreement.
32.329.3 Fair Interpretation. This Agreement shall be construed according
to the fair meaning of its language. The rule of construction that ambiguities shall be resolved
against the party who drafted a provision shall not be employed in interpreting this Agreement.
33.30. Non-Default. By executing this Agreement, Miller affirmatively asserts that: (i)
the Town is not currently in default, nor has been in default at any time prior to this Agreement,
under any of the terms or conditions of the Original Employment Agreement and (ii) any and all
claims, known or unknown relating to the Original Employment Agreement and existing on or
before the date of this Agreement are forever waived.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
1
0
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS, an
Arizona municipal corporation
________________________________
Ginny Dickey, Mayor of Fountain Hills
ATTEST:
________________________________
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Miller”
Grady E. Miller, Town Manager
By: __________________________
ITEM 7. K.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
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 Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-38, abandoning the 1'
Vehicular Non-Access Easement along a portion of the south side of 15835 E Firerock Country Club Drive
Staff Summary (background)
This is a proposal to abandon the 1-foot wide Vehicular Non Access Easement (VNAE) along a portion of
the southern property line of Firerock Parcel D Plat, Lot 41 (15835 E Firerock Country Club Drive). Mr.
Frank Boxberger, PE, the applicant of this request, is proposing to construct a single-family dwelling on
the subject parcel, and this abandonment will allow for the placement of the private driveway entrance
off of Tombstone Trail instead of the heaver traveled street Firerock Country Club Drive, resulting in a
safer ingress/egress. The Firerock Community Association submitted a letter dated November 3, 2021,
stating that their Committee of Architecture is in favor of the VNAE abandonment to allow the safer
ingress/egress for the subject parcel.
Staff has reviewed the site, and is also in favor of placing the driveway on Tombstone Trail instead of
Firerock Country Club Drive, supporting the requested abandonment of the VNAE.
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 2021-38
SUGGESTED MOTION
MOVE to adopt Resolution 2021-38.
Attachments
Vicinity Map
Aerial Photo Map
Exhibit A: Survey
Exhibit B: HOA Letter of Support
Res 2021-38
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 11/29/2021 05:44 PM
Town Attorney Elizabeth A. Klein 11/30/2021 01:56 PM
Town Clerk Elizabeth A. Klein 11/29/2021 02:34 PM
Development Services Director John Wesley 11/29/2021 05:44 PM
Town Manager
Form Started By: David Janover Started On: 11/22/2021 04:58 PM
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RESOLUTION 2021-38
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN 1’ VEHICULAR NON -
ACCESS EASEMENT LOCATED ALONG A PORTION OF THE SOUTH SIDE OF
15835 E FIREROCK COUNTRY CLUB DRIVE, AS RECORDED IN BOOK 507 OF
MAPS, PAGE 10, RECORDS OF MARICOPA COUNTY, ARIZONA
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 a portion of the certain 1’ Vehicular Non-Access easement, located within Lot 41
of Firerock Parcel D, Fountain Hills, Arizona; as shown in Exhibit “A”; as recorded in book 507 of maps,
page 10 records of Maricopa County, Arizona is hereby declared to be abandoned by the Town of
Fountain Hills.
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
therefrom or existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 7th day of
December, 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. Arnson, Town Attorney
RESOLUTION NO. 2021-38 PAGE 2
EXHIBIT ‘A’
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular
Meeting/Work Session
Agenda Type: Regular Agenda
Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Acceptance of public art concept for Casas Del Lago
Apartments.
Staff Summary (Background)
In accordance with the Public Art Policy's requirement for commercial development, Casas Del Lago, a
23-unit apartment rental community, located at 16655 East El Lago Blvd is subject to the Town of
Fountain Hills Public Art requirement. Casas Del Lago is required to either make a financial
contribution to the Public Art Program of 0.75% (three-quarters of one percent) of the total
construction cost, or an art installation of equivalent or greater value.
In lieu of paying the public art fee, the developer has opted to install public art on the property that
adheres to the guidelines of the Public Art policy, including public access and 24-hour visibility. The
piece will be located on the corner of El Lago Blvd at Verde River Drive. The construction cost is
estimated at $3,500,000 of which $26,250 represents the value of 0.75%. The proposed art installment
is entitled “Movimento Organico” and was created by artist Luigi Cantone and has an estimated value of
$27,000. The additional cost of delivery and installation once completed will be borne by the
developer. The installation of the piece is required before a Certificate of Occupancy can be issued.
The proposed art concept has been reviewed and approved by the Public Art Committee. The proposed
concept will be reviewed by the Town Council and approval prior to installation, fabrication, permitting,
and final inspections from Development Services. The proposed limestone sculpture will measure 67” H
x 36” W x 36” D and be displayed on a limestone base that will measure 24” H x 40” W x 40” D. The total
height of this sculpture will be 7'7". An estimated 78 hours of artist time has been budgeted for
fabrication, pending Council approval.
The Public Art Committee has recommended approval of the sculpture. The engineering drawings will
be subject to review by Town staff and approval of the installation will be contingent upon meeting all
structural engineering requirements.
Related Ordinance, Policy or Guiding Principle
Resolution 2003-70 adopting the Town of Fountain Hills Public Art Master Plan for the acquisition of
public art.
Risk Analysis
Conceptual approval and proper inspections forthcoming.
Recommendation(s) by Board(s) or Commission(s)
The Public Art Committee recommended approval of the design concept and to add it to the Town's
public art collection.
Staff Recommendation(s)
Staff recommends approval contingent upon plan review and recommendations.
SUGGESTED MOTION
MOVE to accept the public art application for the sculpture and authorize it to be installed at the
designated location at Casas Del Lago Apartments.
Attachments
Casas Del Lago PowerPoint
Concept Sketch by Luigi Cantone
Casas Del Lago Sculpture Mock-up
Luigi Cantone Bio
Casas Del Lago Sculpture Location Map
Budget and Timeline for Design, Fabrication and Installation
Untitled by Luigi Cantone
Spheres by Luigi Cantone
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 11/24/2021 03:38 PM
Finance Director David Pock 11/29/2021 11:54 AM
Town Attorney Aaron D. Arnson 11/29/2021 12:28 PM
Town Manager Grady E. Miller 11/29/2021 02:18 PM
Form Started By: Patti Lopuszanski Started On: 11/09/2021 10:20 AM
Final Approval Date: 11/29/2021
Public Art Donation –
Town of Fountain Hills
CASAS DEL
LAGO
www.fh.az.gov
www.fh.az.gov
Movimento Organico
•Public Art Requirement for commercial development Casas
Del Lago, a 23-unit apartment complex located at 16655 East
El Lago Blvd.
•Sculpture: 67” H x 36” W x 36” D
•Base: 24” H x 40” W x 40” D
•Total height 7’ 7”
•The budget for design and fabrication of the piece totals
$29,800, to be donated, representing the ¾% requirement for
this project. Additional cost of installation to be borne by
developer.
•78 hours budgeted for fabrication upon approval.
www.fh.az.gov
Luigi Cantone
In 1997, Luigi opened his studio in Mesa, Arizona and has been
creating both figurative and abstract sculpture for private clients
and organizations throughout the region ever since.
Luigi’s work is tactile, created by hand and using pneumatic tools.
It is characterized by organic forms and the use of natural
materials such as limestone, marble, and onyx, though he also
incorporates metals such as steel.
His monumental sculptures are displayed in both private and
public spaces throughout the valley.
www.fh.az.gov
Location
Planned installation location is at the corner of El Lago Blvd and
Verde River Dr.
Optimal location to ensure that the piece is as visible to the
community as possible.
Landscape to the north of the piece slopes downward toward El
Lago, thus the piece is raised and visible from the street and
sidewalks and removed from the edge of the property only by
about 40-50ft.
www.fh.az.gov
Site Plan
The sculpture will be placed on the north end of this section of
the property in order to maximize visibility from El Lago Blvd.
It will have a 10x10” plaque containing the name of the work, the
artist, the year created, and the material.
The sculpture itself will be surrounded by a flower bed, and the
area will contain grass and two benches facing the sculpture in
order for residents to enjoy the artwork and the mountain
backdrop of Four Peaks.
www.fh.az.gov
Movimento Organico
Abstract sculpture in limestone (with limestone base) capturing
the idea of organic movement.
Use of negative space gives the appearance of lightness and
fluidity despite the actual heaviness and rigidity of the source
material, creating visual interest.
Luigi’s idea is to create a sculpture in materials and with a finish
that suit the natural context of the surrounding desert, while at
the same time utilizing forms that reflect the modernity of the
building site.
Maintenance on 120 grit stone finished limestone is unnecessary,
and the piece is expected to last >50 years.
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular
Meeting/Work Session
Agenda Type: Regular Agenda
Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-36 approving the Fountain
Lighting Policy.
Staff Summary (Background)
The purpose of this policy is to establish an internal operating procedure for the fountain lighting
options at Fountain Park.
Background: In 2020, new LED color changing lights were added to the fountain in Fountain Park. These
lights have been well received by the public and staff regularly receive requests to change the colors to
celebrate holidays, personal milestones, anniversaries, birthdays, etc. Due to the nature of these
requests, a policy has been developed to determine guidelines for when and how the fountain lights will
be used.
The fountain lights require manual programming, generally overseen by Parks staff. When display colors
are changed, staff time and presence are required to begin and end the display period. Currently, the
lights cannot be changed remotely or through virtual or cloud technology. Visibility of the lights is
limited to evening hours, therefore viewing times vary seasonally as colors are not detectable during
daytime hours. The Fountain lighting controller has the capability of displaying in two basic modes:
Static Color Mode: one color, to be continuously displayed throughout the duration of the
fountain run time.
Variable Color Mode: multiple colors that change throughout the fountain run time.
Policy Recommendations:
Standard Operation: Staff, at the direction of the Town Council and/or Town Manager, will plan to
utilize the fountain lighting system for annual holidays and observances. Appropriate color choices will
be used to highlight significance and show support, advocacy, or celebration of the occasion. In some
instances, with the authorization of the Town Manager, local events, happenings or celebrations may be
added to the fountain color lighting calendar.
Public Requests : Public requests for fountain lighting will be accepted on a very limited basis. These
requests may not be for personal or professional use, and must adhere to the following process:
Requests for Special Color Displays must be submitted in writing to the Community Services
Department, no less than four weeks and no more than one year in advance of the date
requested.
Upon review by Town staff, applicants will be notified of the approval or denial of the request
within 10 days of submission.
Approved applications must meet one of the following criteria:
The lighting request is intended to educate or enlighten the public about a significant health
or safety issue or emphasize a recognized awareness campaign. (Examples include:
Domestic Violence Awareness, Cancer Awareness, etc.)
The lighting request is intended to draw public attention to an activity or event held by or
partnered with the Town of Fountain Hills.
The lighting promotes a local, state, or national holiday or day of remembrance not already
recognized.
Other Standard Guidelines: The following guidelines will also be in effect for any approved public
lighting requests:
No more than four (4), Fountain Color Displays will be allowed within any calendar month.
Each fountain lighting request will be permitted to last up to four nights, with the exception of
national holidays and national health observations, which may be extended at the discretion of
the Community Services Director. A weekday block, (Monday through Thursday) or weekend
block (Friday through Sunday) will be used.
Approvals will not be granted for multiple years, nor will they be automatically approved for
successive years.
Every attempt will be made to meet the color choice request, however the Town cannot
guarantee all colors will be precise. Color choices, or combinations thereof include: Red, Blue,
Teal, Yellow, White, Green, Orange, Pink and Purple.
The fountain operates daily from 9:00 am to 9:00 pm and is subject to wind and other natural
factors. Lighting requests will not be rescheduled or amended if the fountain operations are
altered due to wind.
All display approvals are contingent upon equipment operation and maintenance. No lighting
request approval is guaranteed for any reason.
Related Ordinance, Policy or Guiding Principle
None
Risk Analysis
None
Recommendation(s) by Board(s) or Commission(s)
The Community Services Advisory Commission (CSAC) unanimously supports and recommends the
Fountain Lighting Policy.
Staff Recommendation(s)
Staff recommends the approval of the Fountain Lighting Policy.
Staff recommends the approval of the Fountain Lighting Policy.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-36.
Attachments
Res 2021-36
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 11/24/2021 03:38 PM
Finance Director David Pock 11/29/2021 11:57 AM
Town Attorney Aaron D. Arnson 11/29/2021 12:31 PM
Town Manager Grady E. Miller 11/29/2021 02:51 PM
Form Started By: Patti Lopuszanski Started On: 11/10/2021 10:52 AM
Final Approval Date: 11/29/2021
RESOLUTION 2021-36
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE FOUNTAIN PARK FOUNTAIN
LIGHTING POLICY
ENACTMENTS:
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. The Fountain Park Fountain Lighting Policy is hereby adopted, as substantially set
forth in Exhibit A attached hereto.
SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of December, 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. Arnson, Pierce Coleman PLLC
Town Attorney
RESOLUTION NO. 2021-36 PAGE 2
EXHIBIT ‘A’
FOUNTAIN PARK FOUNTAIN LIGHTING POLICY
Policy: Establish an internal operating procedure for the fountain lighting options at Fountain Park.
Procedure: The fountain lights require manual programming, generally overseen by Parks staff.
When display colors are changed, staff time and presence are required to begin and end the display
period. The Fountain controller has the capability of displaying in two basic modes:
Static Color Mode: one color, to be continuously displayed throughout the duration of the
fountain run time.
Variable Color Mode: multiple colors that change throughout the fountain run time.
Standard Operation: Staff, at the direction of the Town Council and/or Town Manager, will plan to
utilize the fountain lighting system for annual holidays and observances. Appropriate color choices
will be used to highlight significance and show support, advocacy, or celebration of the occasion. In
some instances, with the authorization of the Town Manager, local events, happenings or
celebrations may be added to the fountain color lighting calendar.
Public Requests: Public requests for fountain lighting will be accepted on a very limited basis. These
requests may not be for personal or professional use, and must adhere to the following process:
Requests for Special Color Displays must be submitted in writing to the Community Services
Department, no less than four weeks and no more than one year in advance of the date
requested.
Upon review by Town staff, applicants will be notified of the approval or denial of the request
within 10 days of submission.
Approved applications must meet one of the following criteria:
o The lighting request is intended to educate or enlighten the public about a significant
health or safety issue or emphasize a recognized awareness campaign. (Examples
include: Domestic Abuse Awareness, cancer awareness, etc.)
o The lighting request is intended to draw public attention to an activity or event held
by or partnered with the Town of Fountain Hills.
o The lighting promotes a local, state, or national holiday or day of remembrance not
already recognized.
Other Standard Guidelines: The following guidelines will also be in effect for any approved lighting
requests:
RESOLUTION NO. 2021-36 PAGE 3
No more than four (4), Fountain Color Displays will be allowed within any calendar month.
Each fountain lighting request will be permitted to last up to four nights, with the exception
of national holidays and national health observations, which may be extended at the
discretion of the Community Services Director.
Approvals will not be granted for multiple years, nor will they be automatically approved for
successive years.
Every attempt will be made to meet the color choice request, however the Town cannot
guarantee all colors will be precise. Color choices, or combinations thereof include: Red, Blue,
Teal, Yellow, White, Green, Orange, Pink and Purple.
The fountain operates daily from 9:00 am to 9:00 pm and is subject to wind and other natural
factors. Lighting requests will not be rescheduled or amended if the fountain operations are
altered due to wind.
All display approvals are contingent upon equipment operation and maintenance. No lighting
request approval is guaranteed for any reason.
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
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 Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-20 providing penalties for violation of Town
Code Article 8-6, Vacation Rentals.
Staff Summary (background)
In January 2021 the Town Council approved an ordinance establishing Article 8-6 of the Town Code.
This Article provides basic requirements and regulations as allowed by State Statute regarding the
registration and operation of vacation rentals.
Since the adoption of this ordinance, staff has been working to notify known owners of rental properties
to provide the contact information required by the ordinance if the property is being operated as a
short-term rental. To date, the town has received registration for 80 properties. It is estimated there
are over 200 such properties in Fountain Hills.
Staff meets periodically to review efforts to enforce the requirements and determine if there are
additional steps that can be taken to help mitigate the impacts of this use in the community. During a
recent meeting on this topic, it was noted that the ordinance adopted by Council last January did not
include any penalty provisions. Therefore, as a default, any violation would be considered a civil
penalty. Staff determined this would be an appropriate penalty for a person who fails to register a
rental property and provide the contact information, but that it would be more appropriate to make it a
criminal penalty for violation on the use of the property.
The attached ordinance makes violations of Section 8-6-1, for failing to provide contact information, a
civil penalty and violation of Section 8-6-2 and 8-6-3, dealing with issues of complying with laws and
establishing uses that are not allowed, criminal violations.
Related Ordinance, Policy or Guiding Principle
Town Code Article 1-8 Penalty
Town Code Article 8-6 Vacation Rentals
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the ordinance as submitted.
SUGGESTED MOTION
MOVE to adopt Ordinance 21-20.
Attachments
Ord 21-20
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 11/15/2021 05:49 PM
Development Services Director (Originator)John Wesley 11/15/2021 05:59 PM
Town Attorney Aaron D. Arnson 11/15/2021 06:17 PM
Town Manager Grady E. Miller 11/23/2021 07:32 AM
Form Started By: John Wesley Started On: 11/03/2021 05:11 PM
Final Approval Date: 11/23/2021
ORDINANCE NO. 21-20
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS, ARTICLE 8-6,
VACATION RENTALS, BY ADDING SECTION 8-6-5 VIOLATION;
CLASSIFICATION
RECITALS:
WHEREAS, the Town Council desires to amend Chapter 8, Business Regulations, Article 8-6,
Vacation Rentals, by adding Section 8-6-5 Violations; Classification.
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 8, Business Regulations, Article 8-6 Vacation Rentals, is amended by
adding Section 8-6-5 as follows:
SECTION 8-6-5 VIOLATION; CLASSIFICATION
1. ANY PERSON WHO FAILS TO COMPLY WITH THE REQUIREMENTS OF SECTION 8-6-1
OF THIS ARTICLE IS RESPONSIBLE FOR A CIVIL CODE INFRACTION, PUNISHABLE
PURSUANT TO SECTION 1-8-3 OF THIS CODE.
2. ANY PERSON WHO VIOLATES SECTION 8-6-2 OR SECTION 8-6-3 OF THIS ARTICLE IS
GUILTY OF A CLASS 1 MISDEMEANOR, PUNISHABLE PURSUANT TO SECTION 1-8-2
OF THIS CODE.
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, this 7th day
of December, 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. Arnson, Town Attorney
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
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 Combined Regular Meeting/Work Session (Agenda Language):
PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 21-12, amending Chapter
18, Town Center Commercial District, and Chapter 25, Entertainment Overlay District, by adjusting and
clarifying provisions for outdoor seating in the public right-of-way.
Staff Summary (Background)
Staff initiated this request to amend the Town's Zoning Ordinance to adjust and clarify certain
provisions in Chapter 18, Town Center Commercial District (TCCD), and Chapter 25, Entertainment
Overlay District (EOD), regarding outdoor seating areas for food and beverage service in sidewalk areas
within the Town's right-of-way (ROW). Currently, Chapter 25 allows outdoor seating in sidewalk areas
in the Entertainment Overlay District (the north side of Avenue of the Fountains) with a
Council-approved encroachment permit. The south side of the Avenue of the Fountains is zoned
TCCD. This zoning district allows outdoor seating for dining, but not on sidewalks or in the ROW. The
goal of these text amendments is to make the regulations on both sides of the street the same.
Proposed Amendments
In order to allow outdoor seating for food and beverage in sidewalk areas in the public ROW of the
TCCD with a Council-approved encroachment permit, it is proposed that language be added to Section
18.03. B. 23 regarding permitted uses. The existing wording in the aforementioned section appears
below, followed by the proposed wording in capital letters:
23. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without alcoholic
beverage service, subject to the regulations of this Chapter 18 and provided that any outdoor patio
with alcoholic beverage service must be enclosed as required by Arizona Revised Statutes § 4-207.01,
as amended, except for the time during which a current and applicable barrier exemption, as granted
by the Arizona Department of Liquor Licenses and Control, is in place for the outdoor patio. SUCH
OUTDOOR SEATING AREAS ARE ALLOWED WITHIN THE SIDEWALK AREAS LOCATED IN A PUBLIC
RIGHT OF WAY, PROVIDED AN ENCROACHMENT PERMIT IS APPROVED BY TOWN COUNCIL, AT ITS
SOLE DISCRETION. SUCH OUTDOOR SEATING AREAS MUST BE PROPERLY MAINTAINED TO ENSURE
SAFE ACCESS AND MOBILITY FOR BUSINESS PATRONS.
The proposed change to Chapter 25 is to clarify that the encroachment permit is needed only for
outdoor seating on public sidewalks. The following wording is proposed for Section 25.02 E.:
E. Outdoor seating areas for food and beverage service are allowed within the sidewalk areas, provided
an encroachment permit is approved by the Town Council, in its sole discretion FOR ANY SEATING
AREAS LOCATED IN A PUBLIC RIGHT OF WAY. SUCH OUTDOOR SEATING AREAS MUST BE PROPERLY
MAINTAINED TO ENSURE SAFE ACCESS AND MOBILITY FOR BUSINESS PATRONS.
Sidewalk seating is already allowed in the Entertainment Overlay District (EOD) with an encroachment
permit. This amendment acknowledges the close similarities in function and character between the
EOD and the TCCD and ensures consistency between permitted uses for the two districts, and also
clarifies the requirement for a Council-approved encroachment permit for such areas that are located
in the Town's ROW.
Related Ordinance, Policy or Guiding Principle
General Plan 2020, Section III: Thriving Environment, Social Environment, Streets, Sidewalks and Trails
as Social Connectors
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The proposed text amendment was presented to the Planning and Zoning Commission at their regular
meeting on September 13, 2021. The Commission recommended approval of the text amendment with
added clarification that outdoor seating areas must be properly maintained for ensure safe access and
mobility for business patrons.
Staff Recommendation(s)
Staff recommends approval of Ordinance 21-12 as presented.
SUGGESTED MOTION
MOVE to approve Ordinance 21-12.
Attachments
Ordinance 21-12
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 11/17/2021 04:02 PM
Form Started By: Farhad Tavassoli Started On: 11/17/2021 09:22 AM
Final Approval Date: 11/17/2021
ORDINANCE NO. 21-12
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 18, TOWN CENTER
COMMERCIAL DISTRICT, BY AMENDING SECTION 18.03. B. 23., AND
CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, SECTION 25.02. E.
TO ALLOW OUTDOOR SEATING AREAS FOR FOOD AND BEVERAGE
SERVICE WITHININ SIDEWALK AREAS LOCATED IN A PUBLIC RIGHT
OF WAY, PROVIDED AN ENCORACHMENT PERMIT IS APPROVED BY
TOWN COUNCIL.
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance
for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
18, Town Center Commercial District, by amending provisions related to outdoor seating
areas for food and beverage service in Section 18.03. B. 23.; 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 August 25,
2021, and September 1, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on September 13, 2021 and by the Town Council on December 7, 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 18, Town Center Commercial
District, Section 18.03 B. 23., Permitted Uses, is amended as follows:
…
23. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without
alcoholic beverage service, subject to the regulations of this Chapter 18 and provided that
any outdoor patio with alcoholic beverage service must be enclosed as required by Arizona
Revised Statutes § 4-207.01, as amended, except for the time during which a current and
applicable barrier exemption, as granted by the Arizona Department of Liquor Licenses
and Control, is in place for the outdoor patio. SUCH OUTDOOR SEATING AREAS
ARE ALLOWED WITHIN SIDEWALK AREAS LOCATED IN A PUBLIC RIGHT
OF WAY, PROVIDED AN ENCROACHMENT PERMIT IS APPROVED BY
TOWN COUNCIL, AT ITS SOLE DISCRETION. SUCH OUTDOOR SEATING
AREAS MUST BE PROPERLY MAINTAINED TO ENSURE SAFE ACCESS AND
MOBILITY FOR BUSINESS PATRONS.
…
SECTION 3. The Zoning Ordinance, Chapter 25, Town Center Commercial
District, Section 25.02 E., Provisions Applicable to all Uses, is amended as follows:
E. Outdoor seating areas for food and beverage service are allowed within the sidewalk
areas, provided an encroachment permit is approved by the Town Council, in its sole
discretion FOR ANY SEATING AREAS LOCATED IN A PUBLIC RIGHT OF
WAY. SUCH OUTDOOR SEATING AREAS MUST BE PROPERLY
MAINTAINED TO ENSURE SAFE ACCESS AND MOBILITY FOR BUSINESS
PATRONS.
…
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps
necessary to carry out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, Arizona, this 7th day of December, 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. Arnson, Town Attorney
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
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 Combined Regular Meeting/Work Session (Agenda Language):
PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: SPECIAL USE PERMIT to allow 17
residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro
Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1
(Neighborhood Commercial) zoning district.
Staff Summary (Background)
The 1.62-acre subject property, located north of the northeast corner of Saguaro and Shea
Blvd., is vacant and zoned C-1 (Neighborhood Commercial and Professional). This zoning is
established to provide a location for modest, well-designed commercial enterprises to serve the
surrounding neighborhood, such as medical offices, banks, food establishments and retail. The
subject property is part of the Redrock Business Center, which was originally platted in 1972 and
re-platted in its current configuration in 1997. Currently, among other things, the center houses
indoor car showroom, a fraternal order, a butcher shop and a wellness center. The Monterro
condominium neighborhood is adjacent to the north, and the former MCO realty office is to the
south.
The applicant is proposing a small development with 5 townhome-style buildings consisting of a
total of 17, three-story residential units. The bottom floors of each unit will contain a two-car
garage, while the second floor contains the majority of the living area and balcony. The purpose
for the special use permit request is to allow a residential use in a commercial district, as
required by the zoning ordinance. The alternative would be to rezone the property to an
appropriate multiple-family zoning district. The applicant has chosen the Special Use Permit
option due to this lot being part of the larger business center.
The primary ingress/egress will be off of Saguaro Blvd, with limited access from the interior of the
Redrock Business Center. The applicant will maintain a 20-foot building setback from the Monterro
condominiums to the north, which is the required building setback to a residentially zoned property, and
will contain a landscaped open area. The applicant has provided building elevations to show facade
treatment, wall articulation, and other modern architectural elements.
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. This small
commercial parcel was included as part of the Shea Corridor and a Secondary Gateway to the Town.
More specifically, the Shea Corridor character area anticipates increasing the mix of uses which will
include some multi-residential uses and an integrated environment. This area is to focus on infill and
redevelopment and “invite residents and visitors to explore the Town.” Allowing the proposed
residential use would be consistent with the intent of the Plan for this area by accommodating new
residents and thus inviting new clientele for existing and future businesses.
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). Section 2.02 of the zoning ordinance
establishes the process and criteria for consideration of a SUP. With regards to the review and
recommendation by the Planning and Zoning Commission, 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 prior to incorporation of the Town for commercial uses. It is still
the desire of the Town that the Redrock Business Center continue to be successful. The Planning and
Zoning Commission must determine if the introduction of residential uses to this area of the Redrock
Business Center would be detrimental to the desired commercial activity and whether the residential
use would be detrimental to the public health, safety, peace, or comfort of the neighborhood.
A review of this property shows that over its almost 50-year history it has not fully developed and has
been considerably underutilized. The property was the subject of another recent special use permit
request for a 67-room hotel in March 2020. There was significant opposition to the project, and request
was recommended for denial by a unanimous vote by the Commission. The applicant withdrew the
application before moving forward to the Town Council hearing.
Should the Town Council approve the Special Use Permit, staff will continue to work with the
applicant on details related to the site plan, grading and drainage plan, and required
landscaping before filing for a building permit.
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 Districts
General Plan 2020, Section II: Thriving Neighborhoods
General Plan 2020 Character Areas, Table 1 Character Area Plan
Risk Analysis
N/A
N/A
Recommendation(s) by Board(s) or Commission(s)
At the regular meeting on November 8, 2021, the Planning and Zoning Commission expressed concern
about the proposed driveway access at Saguaro Blvd., particularly with regard to left turns onto Saguaro,
and questioned if there was a traffic study performed with the SUP request. Staff stated that there is no
traffic study currently available, but may be required with the site plan submittal, should the
Commission move to recommend approval. Subsequently, the Commission moved to recommend
approval of the SUP request with a 7-0 vote, with the added stipulation that a traffic impact statement
be included for review by the Town Engineer, who would be expected to determine if any traffic control
measures are needed to accommodate safe access to and from the development.
Staff Recommendation(s)
Staff supports a recommendation for approval of this Special Use Permit. Based on the Planning and
Zoning Commission discussion and recommendation, staff recommends including the following
stipulations:
Applicant shall provide a traffic impact statement (TIS) with the site plan submittal. The TIS shall
be prepared by a registered professional engineer, and shall demonstrate safe ingress and egress
at the site and any if mitigation measures shall be taken to ensure traffic safety.
1.
The site plan shall incorporate any recommendations for traffic mitigation as determined by the
Town Engineer based on the review and approval of the TIS.
2.
SUGGESTED MOTION
MOVE to approve the Special Use Permit to allow residential uses at 9637 N. Saguaro Blvd for a
maximum of 17 dwelling units, subject to the stipulations as recommended by staff and the Planning
and Zoning Commission.
Attachments
Vicinity map
Site Plan and Elevations
Narrative
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 11/17/2021 01:58 PM
Form Started By: Farhad Tavassoli Started On: 11/16/2021 04:10 PM
Final Approval Date: 11/17/2021
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ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work
Session
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 Combined Regular Meeting/Work Session (Agenda Language):
PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance 21-18, amending
Chapter 4 (Nonconforming Uses and Structures) and Chapter 10 (Single-Family Residential Zoning
Districts) by adding new provisions for extensions to nonconforming structures on corner lots zoned for
single-family residential use.
Staff Summary (Background)
Over the past few years, staff has received several building permit applications for dwellings on corner
lots with the additions being on the street-side yard of single-family homes (not along the
front yard) in small-lot subdivisions. Many such permit requests were denied on the basis that the
proposed extensions did not meet the required minimum street-side building setback from the property
line. Often the existing residences were already built within the required setback of the street side yard.
Such existing structures are often identified as a "nonconforming structure", which is defined by the
zoning ordinance "as a structure which was lawfully erected prior to the adoption of [the current]
ordinance but which, under [the current] ordinance, does not conform with the standards of coverage,
yard spaces, height of structures or distance between structures prescribed in the regulations for the
district in which the structure is located." The Town contains numerous nonconforming structures, and
most appear to have been built prior to incorporation of the Town in 1990. Currently, the zoning
ordinance requires that all extensions to nonconforming homes comply with the current development
standards.
All corner lots within the small-lot, single-family zoning districts (R1-10, R1-10A, R1-8, R1-8A, R1-6,
R1-6A) require a minimum street side building setback of 20 feet, or the height of the building,
whichever is greater. For interior lots, however, the required minimum building setback is 7 feet from
each side property line in the R1-10, R1-10A, R1-8, R1-8A zoning districts, and a 5-foot minimum side
yard building setback in the R1-6, R1-6A zoning districts.
Staff has observed that corner lots in the aforementioned zoning districts are not necessarily wider
than interior lots. Thus, staff believes the required 20-foot street side setback creates a more restrictive
building envelope, especially for owners of nonconforming homes who wish to build additions that are
compatible with the exterior appearance, promote interior functionality, and positively impact property
values throughout the neighborhood.
The Fountain Hills General Plan 2020 has two goals with related policies that support the need to
protect and maintain existing neighborhoods. These statements are:
Thriving Neighborhoods Goals and Policies
Goal 2: Support a housing strategy that encourages a broad range of quality housing types
to address current and future needs and support long-term vitality.
Policy 6: Support quality residential development that meets Town housing needs,
promotes vitality of established neighborhoods, and enhances the quality of life in
Fountain Hills.
Goal 3: Maintain the quality of existing neighborhoods.
Policy 1: Protect established single-family residential neighborhoods from the
transition, intensification, and encroachment of uses that detract and/or change the
character of the residential neighborhood.
Staff believes that providing some flexibility for current owners of nonconforming homes on corner lots
is consistent with the General Plan's goals and policies, and accommodates more design considerations
for long-term maintenance of existing homes and neighborhoods. Therefore, this zoning ordinance text
amendment proposes that extensions to nonconforming structures on corner lots in the
aforementioned zoning districts may encroach into the required minimum street side-yard building
setback line if the extension is at or behind the wall plane of the existing structure, but shall be no closer
than 10 feet to the property line, or the height of the extension, whichever is greater. It is important to
note, however, that conforming structures on corner lots, as well as undeveloped corner lots, must still
maintain a minimum 20-foot street side setback (or the height of the building, whichever is greater) for
all future construction.
Related Ordinance, Policy or Guiding Principle
General Plan 2020, Thriving Neighborhoods, Goals 1 and 2
Zoning Ordinance Section 1.12, Definitions for "Nonconforming Structure" and "Lot Line, Street Side"
Zoning Ordinance Chapter 4.01.E, Nonconforming Uses and Structures, Extensions
Zoning Ordinance Chapter 10, Single-Family Residential Districts
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
At the regular meeting on November 8, 2021, the Planning and Zoning Commission moved to
recommend approval of the zoning ordinance text amendment with a 7-0 vote.
Staff Recommendation(s)
Staff believes the standards being proposed provide the balance between allowing flexibility in design
Staff believes the standards being proposed provide the balance between allowing flexibility in design
of extensions in small-lot neighborhoods while giving greater opportunity to maintain the existing
neighborhood character. Staff recommends approval.
SUGGESTED MOTION
Move approval of Ordinance 21-18.
Attachments
Ordinance 21-18
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 11/17/2021 02:45 PM
Form Started By: Farhad Tavassoli Started On: 11/17/2021 08:48 AM
Final Approval Date: 11/17/2021
ORDINANCE NO. 21-18
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 4, NONCONFORMING USES AND
STRUCTURES, BY AMENDING SECTION 4.01.E.1 AND CHAPTER 10,
SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS: R1 -190, R1-43, R1-
35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, SECTION 10.09,
TO ALLOW EXTENSIONS TO NONCONFORMING STRUCTURES ON
CORNER LOTS TO ENCROACH INTO THE REQUIRED MINIMUM STREET
SIDE BUILDING SETBACK AREA
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance
for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 4,
Nonconforming Uses and Structures, by amending provisions related to extensions to
nonconforming structures in Section 4.01.E.1., and Chapter 10, Single-Family Residential
Zoning Districts: R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-
6, R1-6A, in by amending provisions in Section 10.09; and
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and
the laws of the State of Arizona, the Town Council has considered the individual property
rights and personal liberties of the residents of the Town and the probable impact of the
proposed ordinance on the cost to construct housing for sale or rent before adopting this
ordinance; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the October 27,
2021, and November 3, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on November 8, 2021 and by the Town Council on December 7, 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 4, Nonconforming Uses and
Structures, Section 4.01.E., Extensions, is amended as follows :
…
1. UNLESS OTHERWISE PROVIDED FOR IN THIS CHAPTER , aAny extension
of a nonconforming structure shall conform with all regulations for the zoning district in
which such structure is located., EXCEPT FOR CORNER LOTS IN THE R1-10, R1-
10A, R1-8, R1-8A, R1-6 and R1-6A ZONING DISTRICTS, IN WHICH CASE
EXTENSIONS TO A NONCONFORMING STRUCTURE ON THE STREET
SIDE YARD MAY ENCROACH INTO THE REQUIRED MINIMUM BUILDING
SETBACK LINE IF THE EXTENSION IS AT OR B EHIND THE EXISTING
WALL PLANE OF THE ADJOINING STRUCTURE, BUT SHALL BE NO
CLOSER THAN 10 FEET TO THE PR OPERTY LINE, OR THE HEIGHT OF
THE EXTENSION, WHICHEVER IS GREATER
…
SECTION 3. The Zoning Ordinance, Chapter 10, Single-Family Residential
Zoning Districts: R1-190, R1 -43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A,
R1 -6, R1-6A, Section 10.09., Density, Area, Building and Yard Regulations, is amended
as follows:
a Flag lots permit a 30-foot width provided there are no more than 2 flag lots
adjoining each other.
b A side entry garage is allowed a 10 feet setback.
c An approved P.U.D. permits lots no smaller than 4,500 square feet, provided there
is 1,500 square feet of useable common open space per lot or a combination thereof.
lots larger than 4,500 square feet may have less than 1,500 square feet of common
useable open space per lot if the combination of lot size and the common useable
open space is at least 6,000 square feet per lot.
d Or building height, whichever is greater.
e A garage positioned at a 45 degree angle or greater from the front property line
must setback at least 15-feet or a greater lot size to ensure consistency with existing
platted lots in the immediate vicinity, as calculated pursuant to Section 5.03.
f Lo ts on which the house footprint has an average natural slope in excess of equal to
or greater than 30% are permitted to utilize the modified front setback and height
standards for canyon-side lot, as determined pursuant to Section 5.10.
G FOR CORNER LOTS, EXTENSIONS TO A NONCONFORMING
STRUCTURE ON THE STREET SIDE YARD MAY ENCROACH INTO THE
REQUIRED MINIMUM BUILDING SETBACK LINE IF THE EXTENSION
IS AT OR BEHIND THE EXISTING WALL PLANE OF THE ADJOINING
STRUCTURE, BUT SHALL BE NO CLOSER THAN 10 FEET TO THE
PR OPERTY LINE, OR THE HEIGHT OF THE EXTENSION, WHICHEVER
IS GREATER.
…
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps
necessary to carry out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, Arizona, this 7th day of December, 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. Arnson, Town Attorney
ITEM 8. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular
Meeting/Work Session
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 Combined Regular Meeting/Work Session (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No. 2 to Professional Services
Agreement 2019-079 with JE Fuller Hydrology & Geomorphology, Inc.
Staff Summary (Background)
At the Town Council meeting on January 21, 2020, representatives of J.E. Fuller/Hydrology &
Geomorphology presented their recommendations contained in the "Golden Eagle Park Drainage
Improvements Study" to minimize future Golden Eagle Park site flooding with a design to accommodate
the 10-year design storm, including minimizing the type of damages sustained at the Park during past
storms. Based on the Council's direction, J.E. Fuller submitted its proposal for the initial grading and
drainage design of those facilities, the "Golden Eagle Park Drainage Improvement - Phase 1.
As part of the design, due diligence and discussions with the Community Services Department, several
issues have come to light, requiring an expansion of the project scope, including:
The relocation of shallow irrigation and electrical lines within and across drainage channels and
light pole relocations to increase the channel capacity;
The addition of a floodwall on Cloudburst Wash that contains the design flow without impacting
the ball field;
Providing a sidewalk extension along Cloudburst Wash that requires a retaining wall and structural
calculations;
Evaluation of a pedestrian bridge crossing of Bristol Wash as an alternative to the currently
proposed sidewalk relocation (initial analysis will define a concept location, design, and cost
estimate); and
Replacement of existing 5-foot sidewalks with 8-foot multiuse fitness paths (MUP) sidewalks,
connecting the north and south side of the park and fitness loop around the back of the Park.
These MUPs need to meet ADA accessible route guidelines and also serve as maintenance vehicle
access.
In order for J.E. Fuller to complete the design incorporating the expanded scope items described above
requires additional sub-consultants, including a Landscape Architect and Structural Engineer. The
additional fee for the design to include the expanded scope items is $129,484.
Related Ordinance, Policy or Guiding Principle
Capital Projects.
Risk Analysis
Not approving this contract amendment leaves Golden Eagle Park susceptible to the major flood
damages experienced in past years. Mitigation of these flood hazards is the purpose of this project.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the Second Amendment to Professional Services
Agreement 2019-079 with JE Fuller Hydrology & Geomorphology, INC.
SUGGESTED MOTION
MOVE to approve Amendment No. 2 to Professional Services Agreement 2019-079 with JE Fuller
Hydrology & Geomorphology, INC. in the amount of $129,484.
Fiscal Impact
Fiscal Impact:$129,484
Budget Reference:251
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
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 11/24/2021 10:10 AM
Finance Director David Pock 11/24/2021 03:36 PM
Town Attorney Aaron D. Arnson 11/29/2021 10:15 AM
Town Manager Grady E. Miller 11/29/2021 03:17 PM
Form Started By: Justin Weldy Started On: 11/23/2021 07:41 AM
Final Approval Date: 11/29/2021
JE FULLER wWW.jefUller.00m
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January 28, 2019
Randy Harrel, PE, SE, RLS, CFM
Town Engineer
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: Golden Eagle Park Drainage Improvement—Phase 1(Grading) Final Design SOW and Fee Estimate
Dear Mr. Harrel:
Thank you for requesting the services of JE Fuller/Hydrology and Geomorphology, Inc. (JE Fuller). We are
very interested in the opportunity to continue working with the Town. This document summarizes our
understanding and needs of the project as well as outlines the proposed scope of services to be
completed.
BACKGROUND
Golden Eagle Park, originally gifted to the Town of Fountain Hills (Town) by MCO Properties in c.1995, lies
mostly within and below the flood detention basin high water level of the Golden Eagle Park Dam.Three
washes—Ashbrook Wash, Bristol Wash, and Cloudburst Wash —flow into this dam/detention basin. The
Town had originally graded channels for frequent flows around baseball/softball fields constructed in the
detention basin, recognizing that in larger storms that the fields would be inundated due to dam
backwater anyway.
Overflow from the channels onto the ballfields has been an on-going issue during many periodic storm
events at Golden Eagle Park. In particular,two storms (October 2, 2018 and September 23, 2019) caused
significant damage to the park due to inundation resulting from these storms.
JE Fuller has recently submitted to the Town a conceptual design report for recommended drainage
improvements within and adjacent to Golden Eagle Park. The implementation of those recommendations
will be accomplished by the Town in two phases. Phase 1 will include rough grading the proposed
channel improvements (including sediment basins) and replacement of the sidewalk crossings within the
reconstructed channels. Phase 2 will provide for the finished grading and landscape of the channels,
reconstruction of the inlet works and debris racks for the primary outlets of Golden Eagle Park Dam,the
stabilization of the pedestrian crossing of Ashbrook Wash, and improvements of two curb inlets—one on
Golden Eagle Boulevard and the other on Desert Canyon Drive. This proposal covers the final design and
development of the Phase 1 construction documents. The current contract(Contract No. 2019-079) will
be amended to refine the channel grading and sidewalk replacement of the recommended alternatives
and to produce construction drawings that the Town can use to contract the construction of the channel
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JE FULLER
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grading and sidewalk replacement of the recommended improvements. An overview of all the
recommended improvements is attached as Exhibit 1.
The following is a scope of services to complete the construction design plans for Phase 1, where Phase 1
includes the channel grading and sidewalk replacement.
SCOPE OF SERVICES
The following tasks below encompass the scope of services to finalize the Phase 1 design and produce
bid-ready construction design plans for the Town. A task item is also included that begins the Agency
coordination that will be required to complete the Phase 2 recommended improvements (shown in
Exbibit 1)
Task 1. Project Management and Site Visit.This task includes up to three (3) in-person progress
meetings as well as one (1)field visit to observe post-Sept. 2019 flood impacts and maintenance
changes to the area.
Task 2. New Topography, and Basemap Preparation. The most recent detailed topography for the
area predates the 2018 flood and subsequent maintenance alterations to the park terrain.
Moreover, the existing topography is not of adequate resolution for detailed engineering design
and construction quantities. Additionally, during the conceptual alternatives evaluation,
numerous detailed planimeteric features were noted that will require field survey of hard
features such as edge of pavement, building footprints, walls, etc. This additional field survey will
be incorporated into the CAD basemap for the final design drawings. JE Fuller will engage a
registered land surveyor and bill this cost as a direct expense. See attached fee for cost
breakdown.
Task 3. Utilities. JE Fuller will work with the Town and a utility subcontractor to locate key utilities
and elevations before finalizing the grading and design of the new construction features, Utility
relocation requirements for the various project elements will also be determined. This task will
require collection of utility quarter section maps, contacting Blue Stake for a utility mark-out and
subsequent survey, and may require potholes to accurately determine the elevation of the utility.
The utility subcontractor will provide a utility base map using the results of Task 3. Potholes and
sewer inverts and locations will be provided by the Town. JE Fuller's utility subconsultant's cost is
estimated as a direct expense in the attached fee estimate. JE Fuller's time for this task is also
estimated in the attached fee estimate.
Task 4.Construction Document Preparation.JE Fuller will prepare the necessary construction
documents for the Phase 1 improvements. This work includes the channel rough grading, and
sediment basins within the Park, and sidewalk replacement for the 3 sidewalk crossings (2
crossings on Bristol Wash and 1 on Cloudburst Wash).
Bid and Construction Contract Documents will be prepared by the Town. JE Fuller will prepare
construction plans and provide an engineer's opinion of construction cost (EOCC). Technical
specifications for channel grading and screening of the removed material will be provided. No
other special provisions or conditions are anticipated, and all construction shall be referenced to
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JE FULLER y Fs f
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the latest MAG Standard Details and Specifications or specifications provided by the Town of
Fountain Hills. All applicable information will be included on the construction plans. JE Fuller will
prepare and submit the construction plans and an EOCC at the 60% and 90%design levels for
Agency review and comment. A Final Sealed set of construction documents will be provided once
all comments have been resolved.
The following is a list of anticipated sheets related to the drainage elements for the Phase 1
portion of the project within or adjacent to Golden Eagle Park:
1 Title Sheet
1 Control Sheet
1 Notes Sheet
5 Plan and Profile Sheets at 40-scale (Ashbrook, Bristol, and Cloudburst Washes within Golden
Eagle Park)
2 Grading Plan Sheets for Sedimentation Basins
1 Plan and Profile Sheet for minor drainage channel within Park
1 Utility Conflict Sheet
4 Misc. Detail Sheets (e.g., sidewalk replacement, concrete channel guide sections, armoring
of drop on Bristol, etc.)
This leads to an estimated total sheet count of 16 sheets.
Task 5. Final Engineer's Design Report. A final design report will be provided to document the
steps taken in the analysis supporting the final design and EOCC. This task also includes final edits
to the draft conceptual design report that was submitted to the Town in October 2019.
Task 6.Agency Coordination.JE Fuller will engage FCDMC and ADWR for feasibility of lowering the
drop inlet on the auxiliary outlet of Golden Eagle Park Dam (one alternative that was outlined in
the October 2019 conceptual design report). This task includes up to three (3) meetings with
FCDMC and/or ADWR. As a part of this task,JE Fuller will coordinate with the Town for
development of future Phases of the final design project.
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JE FULLER
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www.jefuller.com
FEE AND SCHEDULE
JE Fuller will initiate work on the base tasks within one week of notice to proceed (NTP) and a signed
contract. JE Fuller will bill the Phase 1 final design services on a time and materials basis not to exceed
the amount of$116,536 as outlined in the attached fee table.
Table 1.Fee Estimate
Golden Eagle Park Drainage improvements
Fee Estimate-Phase 1 Final Design
Principal Project Manager Project Engineer ER
Task 155 $125 $118 $ 95
1 Project Management and Site Visit 12 36 24 9,192
3 Utility Location 2 8 4 2 $ 1,972
4 Construction Document Preparation 12 32 64 172 $ 29,752
5 Final Engineer's Design Report 2 16 20 24 $ 6,950
6 Agency Coordination 8 16 16 8 $ 5,888
Labor Total: $ 53.754
Direct Costs
Task 2.New Topography $ 21,740
Task 3.Utilities(Includes Allowance for Possible Relocation Plans) $ 40,812
Mileage(400 ml @$0.575/mi) $ 230
Direct Costs Total: $ 62,782
Total $116,536
Assuming a notice to proceed (NTP) date of February 18, 2020, an estimated milestone schedule is
outlined below.
NTP—February 18, 2020
Topography/Basemap Acquisition—March 19, 2020
60% Design Plan Submittal—April 26, 2020
o TOFH Review (2 weeks)
90% Design Plan Submittal—May 28, 2020
o TOFH Review (2 weeks)
Final Submittal—June 25, 2020
4
JE FULLER
d.tina•communicate•aoiva www.jefuller.com
TERMS AND CONDITIONS
The following terms and conditions apply:
1. Data Provided by the Clients: The following will be provided by Client at no cost to JE Fuller:
a. Topographic data, property boundaries, utility locations, pertinent grading and drainage
plans, if available.
2. Services not included in this scope of work. The following services are not included in this scope of
work but can be added for additional fee:
a. Tasks not specifically identified in the scope of work above.
b. Data acquisition fees
c. Landscaping Design
d. Environmental Permitting
e. Agency review fees
f. CLOMR/LOMR Applications
g. Geotechnical Services
h. Construction Staking
i. Re-staking of any kind
j. Hard Copy Full Size Plans, Blueprints, or Mylars
k. Construction Phase or Post Design Services including As-Built Drawing Preparation
Thank you again for requesting our services. We are looking forward to working with you on this project.
Sincerely,
JE Fuller/Hydrology& Geomorphology, Inc.
Richard Waskowsky, PE
Vice-President
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www. jefuller.com
DATE: November 10, 2021
TO: Justin Weldy – Town of Fountain Hills
FROM: Richard Waskowsky – JE Fuller
CC: David Janover – Town of Fountain Hills
RE: Golden Eagle Park Drainage Improvements Phase 1 – Change Order Request
JE Fuller (JEF) was issued a notice to proceed for the Golden Eagle Park Drainage Improvements Phase 1 on March
19, 2020. Since the initial NTP, the project has been expanded to include items that were not anticipated at the
time of scoping. The major items are:
1) The addition of a floodwall on Cloudburst Wash that contains the design flow without impacting the ball field.
2) A sidewalk extension along Cloudburst that requires a retaining wall and structural calculations.
3) Irrigation and lighting relocation plans that will address comments from the Town.
4) Evaluation of a pedestrian bridge crossing of Bristol Wash as an alternative to the currently proposed sidewalk
relocation. The initial analysis will define a concept location, design, and cost estimate. Preparation of final
design documents will be optional based on a decision by the Town.
5) Replacement of existing 5-foot sidewalks with 8-foot sidewalks at various strategic locations within the park.
These items will require additional design hours and fee by JEF to modify the construction documents, and
inclusion of two subconsultants that are not currently part of the design team . Therefore, JEF is requesting
additional fees to complete the Phase 1 final design with the above added scope items. A fee estimate for the
additional work is shown in Table 1. This additional fee would change the not-to-exceed amount from $129,484.00
to $292,994.90. The subconsultants’ proposals are attached to this letter. Each proposal includes a breakdown of
hours by task.
Page | 2
www. jefuller.com
Table 1. Fee Estimate - Additional Services
Golden Eagle Park Drainage Improvements - Phase 1
Principal
Project
Manager
Project
Engineer EIT
Task $157.30 $147.86 $106.96 $94.38
1 Project Management and Site Visit 12 30 6 $ 6,965.16
2 Supplemental Survey 2 4 $ 723.56
3 Utility Location 2 20 12 $ 4,555.32
4 Construction Document Preparation 20 40 120 $ 21,895.60
5 Final Engineer's Design Report 12 20 20 $ 6,984.00
6 Agency Coordination 12 36 24 $ 9,777.60
7 Structural and Geotechnical 1 2 4 $ 880.86
8 Landscape and Lighting Design 1 2 4 $ 880.86
Labor Total: $ 52,662.96
Direct Costs
Task 2. Supplemental Survey (non FHSD related: $1,700 - $595 = $1,105) $ 1,105.00
Task 7. Structural and Geotechnical $ 35,685.80
Task 7. Structural and Geotechnical (Allowance for Bridge Final Design) $ 37,584.60
Task 8. Landscape Design (Irrigation Plans, etc.) $ 35,937.50
Mileage (384 mi @ $0.56/mi), Sediment Samples $ 535.04
Direct Costs Total: $ 110,847.94
Total: $ 163,510.90
ATTACHMENTS:
• Wilson Proposal (Supplemental Survey)
• Dig Studio Proposal (Landscape)
• Ethos Engineering Proposal (Geotechnical and Structural)
410 North 44th St., Ste. 460
Phoenix, AZ 85008
602-283-2701 phone
602-273-1230 fax
November 9, 2021
Mr. Ted Lehman
JE Fuller
8400 S. Kyrene Rd. Suite 201
Tempe, AZ 85284
RE: Fountain Hills, Golden Eagle Park Mapping Additional Topo
Survey and Aerial Mapping
Wilson & Company is pleased to present our proposal for additional survey services on the
referenced project. We will acquire additional detail survey information in the areas shown
below:
We will provide detail survey along both sides of the highlighted wall, the manhole area and the
retaining wall along the outfield fence. We will incorporate this data into the final mapping data
files previously provided as well as separate survey files of the new data.
Fee Estimate
Wilson & Company proposes a fixed fee of $1,700.
Please do not hesitate to contact me if you have any questions or need additional information.
Page 2
Sincerely,
WILSON & COMPANY
Ryan Branfort, PLS, GISP
Senior Vice President
We accept the scope and fee as presented and
hereby authorize Wilson & Company to proceed as outlined
By: ______________________________
Name: ____________________________
Date: _____________________________
600 N. 4th Street, Phoenix, Arizona 85004
June 9, 2021
Richard Waskowsky
Je Fuller
8400 S. Kyrene Road, Suite 201
Tempe, AZ 85284
richard@jefuller.com
cc: Scott Ogden -scott@jefuller.com
Re: Golden Eagle Park (REVISED 10/22/21)
Dear Richard:
The following scope of work is for design, construction document preparation for Golden Eagle Park.
Please review the attached scope of work and please call with any questions or I can meet with you to go over the
scope in detail.
Thank you for the opportunity to continue our work with JE Fuller and the Town of Fountain Hills.
Sincerely,
Jay Hicks, RLA, ASLA
Principal Partner
m. 602-363-1890
Enclosed: Scope of Service and Fee
Dig Studio, Inc. Golden Eagle Park
June 9, 2021
PROJECT DESCRIPTION
Town of Fountain Hills is improving Golden Eagle Park located at 15900 E Golden Eagle Blvd. Improvements will
include wash, access, landscape & irrigation improvements as outlined in the Golden Eagle Park Drainage
Improvements – Phase 1 Plans prepared by JE Fuller.
Golden Eagle Park – Scope Area Plan
SCOPE OF WORK
PROJECT DESCRIPTION
Dig Studio, Inc. (Dig) is pleased to provide the following scope of work for Golden Eagle Park for the Town of
Fountain Hills. Generally, the project will include schematic design, and construction documents. Dig will
coordinate our work with the team members listed below.
JE Fuller Engineering – Prime, providing civil, and drainage.
Wright Engineering - providing electrical design.
SCOPE OF SERVICES
All work outlined below will be completed in accordance with a project schedule prepared by JE Fuller and the
Town of Fountain Hills.
TASK 1.0 CONCEPT & CONCEPT DESIGN (30%)
1.01 Schematic Design - Dig will review the current plan and prepare conceptual design alternatives. The
landscape design will build on previous work prepared by JE Fuller and the Town and closely follow the current
natural landscape theme. The design concept will be presented as illustrative graphics that showcase the
proposed designs. Also, Dig will prepare photo boards displaying the proposed materials, colors, and plant palette.
Dig Studio, Inc. Golden Eagle Park
June 9, 2021
Based on the design consensus on the Preferred Concept Design, Dig will prepare an initial 30% design identifying
the parameters for the project, including any additional recommended park access work.
1.02 Preliminary Estimate of Probable Construction Cost - Dig will prepare an initial estimate of probable cost of
construction for the site improvements. The cost estimate will be itemized and quantified with unit prices based
on recent and available unit pricing received on previous Dig contracts.
1.03 Town Coordination Meetings– Dig will attend project coordination meetings with the Town to review the
design progress and overall status of the project. We are anticipating that these meeting will include design
presentations and reviews, coordinating with other project disciplines, and discuss project issues and schedule.
TASK 2.0: CONSTRUCTION DOCUMENT PHASE (90%-100%)
After the Town has approved the Schematic Design direction, Dig and the Design Team will refine the park
features, hardscape, landscape and irrigation documents. All plans and details will be prepared in AutoCAD
format. The drawing format will be 24” by 36” sized sheets. Final construction specifications will reference the
Town’s or MAG’s Standard Specifications and will be supplemented or modified as required.
Dig anticipates that there will be (2) two submittals during the Construction Document phase of the project. The
90% submittal will prepare the documents for Town permit review and for Contractor Pricing. The second 100%
submittal will prepare the documents for final construction. The construction document phase will be considered
complete when we receive approved plans from the Town of Fountain Hills.
2.01 Hardscape / Detail Plans – Dig, in will prepare construction documents based on the approved layout of the
design and any adjustments to the probable cost. The hardscape plan will utilize horizontal and vertical control
coordinate points for staking the location of paving, walls, planting, etc. The materials and finishes of the
hardscape will be identified and detailed on the plan. Dig will provide installation details for all hardscape
components. All structural components will be coordinated with the project structural engineer and the hardscape
plans will reference the details shown on the structural plans if needed.
2.02 Landscape Plans / Tree Inventory – Dig will prepare the landscape construction documents that respond to
the drainage improvements and existing Landscape material to remain and any adjustments to the probable cost.
The landscape plan will identify the final locations of inert groundcover for dust control and the location of new
plant and relocated material. The plan will also include a complete plant key, materials schedule, and quantities.
Dig will provide Town of Fountain Hills standard installation details for all landscape components. Dig understands
that the Town has a tree inventory of the park. Dig will utilize this information as part of construction document
submittal (if required)
2.03 Irrigation Plans – Dig will prepare irrigation design. The work will reflect the layout and the method of
connection to the overall park master system as well as to the Town’s master control system (if necessary).
Additionally, the team is available to meet with the park supervisors and maintenance personnel to walk the
proposed irrigation design and address any known irrigation issues. Irrigation point of connection will be from the
existing system or a tap identified by the Town.
Dig Studio, Inc. Golden Eagle Park
June 9, 2021
2.05 Electrical Plans – Wright Engineering will prepare electrical designs for the park and path improvements. The
drawings will support the drainage/access renovation and additions to the path lighting. All landscape accent
lighting will be coordinated with the electrical engineer and will reference from the layout and details shown on
the electrical plans.
2.06 Grading, Drainage Plans – Provided by JE Fuller. Dig will advance a fine grading plan in coordination with JE
Fuller’s overall grading and drainage plans.
2.07 Estimate of Probable Construction Cost - Dig will prepare a 60% estimate of probable cost for construction
of access, landscape, and irrigation components as described. The estimate will be itemized and quantified with
unit prices to support program elements that will be documented in the 90% and 100% plans. Program items the
Town deems beyond the budget may be include as “add alternates” in the final construction sets.
2.08 Construction Document Coordination Meetings - Dig will participate in project conference calls and/or
coordination meetings with the design team to review the status of the project, coordinate with other project
disciplines, and discuss project issues and schedule.
2.09 Permit Submittal – Dig will coordinate permit set submittals with JE Fuller and the Town’s Project Manager.
Work will include providing the required set of drawings, application, special inspection forms and reports to the
Town and FCDMC. Dig will provide comment resolution for Town, Park Department, and FCDMC review
comments.
2.10 Final Estimate of Probable Construction Cost / Bid Assistance - Dig will prepare a final estimate of probable
cost for construction of landscape, and irrigation components as described. The estimate will be itemized and
quantified with unit prices to support a schedule of values to be utilized during JOC negotiations.
TASK 3.0 CONSTRUCTION OBSERVATION
3.01 Construction Observation – Dig will be available to provide in-field design direction, submittal review and
general construction observation services to ensure design intent. We are anticipating a 9-month construction
schedule with weekly on-site meetings.
Dig and their consultants will provide construction observation in coordination with the Town of Fountain Hills.
Work will include:
- (36) Weekly Construction Meetings / Site Visits / Reports -Estimated at 3 hours each meeting
- Request of Information
- Submittal Review
- Substantial Punch List
- Final Punch List
- Warranty Punch List (if required)
SUBMITTALS
Project submittals are as follows:
Task 1.0 – Concept and Schematic Design (30%)
- Concept Design Graphics (Rendered Hardscape/Landscape Plan, Sections)
Dig Studio, Inc. Golden Eagle Park
June 9, 2021
- 30% Schematic Design
o Hardscape Plan and Sketch Details
o Landscape Plan and initial Plant Materials List
o Irrigation Narrative
o Probable Cost Estimate
Task 2.0 90% Permit/Bid Ready Construction Documents (24” x 36”)
- Complete Contract Documents Set
- Cost Estimate
100% Permit/Bid Ready Construction Documents (24” x 36” sealed/signed prints and PDFs)
- Complete Contract Documents Set
- Final Cost Estimate and Schedule of Values
Task 4.0 Construction Observation
- Site Visits
- RFI / Field Reports
- Punch Lists
- As-Built Verification
FEE PROPOSAL
See the following Exhibits B-1 and B-2 for a Fee Summary, including sub-consultant, and breakdown of Dig Studio’s
fee by task, staff and hours. Sub-consultant fee proposals are enclosed as a separate attachment to this proposal.
Dig Studio Personnel HOURLY
RATES
Sr. Principal $205.00
Associate Principal $140.00
Landscape Designer IV Project Manager $122.00
Landscape Designer III $111.00
Landscape Designer II $101.00
Landscape Designer I $91.00
Exhibit A-1 – Dig Studio Rate Schedule
Dig Studio, Inc. Golden Eagle Park
June 9, 2021
FEE SUMMARY WITH SUBCONSULTANTS
Exhibit B-1
Dig Studio, Inc. Golden Eagle Park
June 9, 2021
DIG STUDIO FEE BREAKDOWN
Exhibit B-2
November 8, 2021
Richard Waskowsky, PE
Project Manager
JE Fuller
8400 South Kyrene Road, Suite 201
Tempe, Arizona 85284
SUBJECT: Proposal for Geotechnical & Structural Design – Rev 02
Town of Fountain Hills
Golden Eagle Park - Drainage Improvements – Phase I
Fountain Hills, Arizona
Dear Richard:
As requested, Ethos Engineering, LLC (Ethos) is pleased to present this proposal for
professional geotechnical and structural engineering services for the referenced project.
Included is our understanding of the project, our proposed scope of work, work-hour
estimate and estimated fees.
1.0 PROJECT INFORMATION
JE Fuller has been tasked by the Town of Fountain Hills (Town) to evaluate the overall
drainage conditions which are present within a portion of Golden Eagle Park in the Town
of Fountain Hills, Arizona. The recommended solution requires a flood wall to protect the
park grounds from getting inundated from a 10-year flow event. The Town also desires a
new sidewalk connection to eliminate an existing pedestrian trail that crosses the
Cloudburst Wash.
Ethos has been retained by JE Fuller to provide geotechnical and structural engineering
support services. Our requested scope includes a geotechnical evaluation and final
design structural engineering services. An allowance for geotechnical and structural
design of a pedestrian bridge is also provided should the City decide to move forward
with final design. Our scope of work includes time for the bridge investigation phase.
2.0 GEOTECHNICAL INVESTIGATION
Our geotechnical scope will address the planned flood wall and new sidewalk alignment.
Additionally, we will drill two test borings at the planned abutments of the planned single-
span pedestrian bridge.
2.1 Review of Existing Data
Ethos will review available aerial photos, existing geotechnical investigation reports
prepared for the dam and other available geologic mapping for the site.
November 8, 2021
Golden Eagle Park - Drainage Improvements – Phase I
Geotechnical and Structural Scope and Fee Proposal
2
2.2 Field Visit
We will visit the site and observe general site conditions and exposures of soil/rock
conditions present at the site. We may hand excavate one or two locations to depths not
exceeding two feet in order to ascertain the near surface soil conditions in the area of the
existing planter beds which are located in the planned alignment of the new sidewalk.
We will also observe the site conditions present for a possible pedestrian bridge to be
located between the single baseball field (to the north) and the northwestern most softball
field. We will perform a visual assessment of the site conditions as they relate to
preliminary design of bridge foundations.
2.3 Pedestrian Bridge Test Drilling (Allowance)
Should the City wish to proceed with the bridge option, Ethos will subcontract a drill rig
and crew to drill two truck-mounted down-hole percussion hammer (or rotary tricone gear-
bit) borings to a depth of 40 feet. If rock is encountered at shallow depths, we will core a
portion (10 feet minimum) of the rock by HQ coring methods. These methods of drilling,
while somewhat costly, will be required as we anticipate shallow refusal would be
encountered by standard auger drilling methods when drilling within coarse grained
alluvium or the conglomerate bedrock known to be present at the site. We will drill to
sufficient depths for design of drilled shaft or drilled shaft rock socket foundations.
Standard penetration test (SPT) samples, and bulk samples at selected depths will be
obtained from the test borings (where possible) to conduct laboratory testing. SPT
sampling intervals will generally be at intervals of 5 feet or less. We anticipate the much
of drilling will be advanced through conglomerate bedrock. HQ-sized core will be retrieved
from the borehole. All rock core will be placed in waxed cardboard boxes by our field
engineer. The boxes will be transported to our office for photographing, further
observation, collection of samples for laboratory testing, and storage until construction of
the new bridge is complete.
2.4 Laboratory Testing
As shallow rock is anticipated at the pedestrian bridge site, laboratory testing is not
currently proposed.
2.5 Analysis and Report Preparation
Ethos will develop geotechnical design recommendations for the flood wall, sidewalk and
preliminary pedestrian bridge foundations based on the results of laboratory testing and
also upon visual observations and our review of the plans. Our report will be prepared
under the supervision of a Professional Civil Engineer registered in the State of Arizona
and will include the following items:
· Discussion regarding review of existing geotechnical/geologic data
· Discussion regarding our field site observations
· Description of the geotechnical profile
· Recommendations for site grading including any needed overexcavation or other
treatment of problematic soil conditions
November 8, 2021
Golden Eagle Park - Drainage Improvements – Phase I
Geotechnical and Structural Scope and Fee Proposal
3
· Recommendations for design and construction of shallow foundations for retaining
walls
· Preliminary (conservative) design recommendations for a pedestrian bridge
2.6 Pedestrian Bridge Final Design Recommendations (Allowance)
Axial and lateral resistance for drilled shafts or drilled shaft rock sockets for support of
pedestrian bridge will be provided.
3.0 STRUCTURAL DESIGN
Ethos will assist JE Fuller with the final design of a flood wall and also for a retaining wall
for the proposed sidewalk connection.
3.1 Flood Wall
Ethos will prepare the structural calculations and details for the flood wall. The wall will be
designed in accordance with the U.S. Army Corps of Engineers design manual for
Retaining and Flood Walls. Ethos will investigate the use of a masonry wall as this is a
more economical section. Ethos will use the channel cross sections along the wall to
ensure the toe of the footing doesn’t encroach into the dam. Should the footing toe or
construction of the footing would encroach into the toe of the dam, then a different wall
alternative will be developed to eliminate the conflict. An exhibit for JE Fuller will be
developed to show the wall construction limits using the channel cross sections along the
wall. These cross sections will be used by JE Fuller for approval by ADWR. Ethos will
work with JE Fuller during the development of the wall alternatives to consider non-linear
wall alignments to minimize or eliminate conflicts with the dam. The deliverables will
consist of a drawing with General Notes, a wall plan and elevation drawing and typical wall
sections and details. The wall plan will show the wall footing areas/limits.
3.2 Retaining Wall at Sidewalk Connection
Ethos will prepare the structural calculations and details for the retaining wall planned to
be constructed along the proposed sidewalk path connection. JE Fuller will provide a copy
of the as-built drawings for the existing retaining wall and fence that exists in close
proximity to Field #4. Since the proposed retaining wall will be in close proximity to this
wall, Ethos will prepare wall alternatives that won’t jeopardize the structural integrity of the
existing wall. The wall will be designed in accordance with IBC 2018. Ethos anticipates
the use of a masonry wall as this is a more economical section. It is anticipated the existing
wall planter will interfere with the new wall and sidewalk and will require its removal. Ethos
will coordinate with JE Fuller to determine possible scenarios for wall and sidewalk
alignments in order to eliminate conflict with the overhead power poles, preserve the
structural integrity of the existing wall and to better mitigate for grade differentials that must
be considered to meet ADA requirements. Civil design for the pathway can be provided
by Ethos on a Time and Material basis if desired by JE Fuller. JE Fuller will provide cross
sections along the wall to show the location of the existing improvements. The deliverables
November 8, 2021
Golden Eagle Park - Drainage Improvements – Phase I
Geotechnical and Structural Scope and Fee Proposal
4
will consist of a drawing with General Notes, a wall plan and elevation drawing and typical
wall sections and details. The wall plan will show the wall footing areas/limits.
3.3 Pedestrian Bridge Final Design (Allowance)
Ethos will design a pedestrian bridge at the location chosen by the project Team. The
bridge superstructure is anticipated to be a pre-fabricated steel truss bridge; thus, the cost
of design for the superstructure is excluded from our scope and fee proposal. The length
of the pedestrian bridge is projected to be 40 feet in length and 10 feet in width. The bridge
will be designed for pedestrian loading as well as for vehicular live load from an occasional
maintenance vehicle. The bridge foundations are anticipated to be drilled shafts primarily
to mitigate for possible scour. Retaining walls and/or wingwalls are included in our scope.
4.0 PROJECT SCHEDULE
We will begin our work upon receiving the notice-to-proceed (NTP) and will endeavor to
complete our work within 4 months from the NTP. The design schedule for the pedestrian
bridge can be assumed to take four months from the decision to add this design to the
project scope. This time allows time for drilling and testing and for geotechnical and
structural design.
5.0 PROJECT FEES
Our services will be performed under the direction of an Arizona-registered Professional
Civil Engineer. Based on the proposed scope of work and our understanding of the
project, we propose to complete the design for the scope of work presented above on a
time-and-materials basis for an estimated cost of $35,685.80.
Geotechnical Design $ 5,240.00
Flood Wall Design $13,130.00
Retaining Wall for Sidewalk Connection $11,650.00
Preliminary Pedestrian Bridge Investigation $ 5,565.00
Indirect Costs $ 100.80
Allowance for Pedestrian Bridge Design (Geotech and Structures) $37,584.60
If there is a need for any change in the scope of services described in the proposal, please
call us immediately. Changes may require revision of the proposed fee, which will be
communicated to you upon assessment of the requested changes effect on the fee.
Our fees will be invoiced on a monthly basis. In the event that field conditions require a
modification to the scope of work developed for this proposal and may affect either our
planned project schedule or budget, we will contact you at the earliest opportunity to
discuss these conditions.
November 8, 2021
Golden Eagle Park - Drainage Improvements – Phase I
Geotechnical and Structural Scope and Fee Proposal
5
6.0 LIMITATIONS
The geotechnical services will be performed in a manner consistent with that level of care
and skill ordinarily exercised by other members of the geotechnical profession practicing
in the same locality, under similar conditions and at the date the services are provided.
Our conclusions, opinions and recommendations will be based on information collected
by Ethos and provided by others. It is possible that conditions could vary between or
beyond the data evaluated. Ethos makes no guarantee or warranty, express or implied,
regarding the services, communication (oral or written), report, opinion, or instrument of
service provided.
7.0 AUTHORIZATION
We will proceed upon successful negotiation and execution of the subconsultant
agreement provided by JE Fuller.
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If you have any questions or require additional information pertaining
to this proposal, we would be pleased to discuss them with you.
Sincerely,
ETHOS ENGINEERING LLC
Sergio E Oliden, PE
Ethos Engineering, LLC
Estimated Direct Labor
Average Hourly Loaded Rates
Classification Hours Rate Cost
Project Manager 49 $185.00 $9,065.00
Project/Profesional Engineer 89 $160.00 $14,240.00
Design Engineer 92 $90.00 $8,280.00
Sr. CADD Designer 50 $80.00 $4,000.00
280
Total Estimated Labor: $35,585.00
Estimated Direct Expenses
(Listed by Item at Estimated Actual Cost - NO MARKUP)
Mileage (Personal Vehicle)$100.80
Total Estimated Direct Expenses: $100.80
Total Estimated Cost:$35,685.80
8-Nov-21
Signature Date
Derivation of Cost Proposal
Golden Eagle Park
Summary
Item/Task Project Manager Project/Profesional
Engineer
Design Engineer Sr. CADD Designer TOTAL
Billing Group 03:Geotechnical and Structural Allowance - Pedestrian Bridge
Final Design
Admin/Coordination/ADWR Comment Resolution/Meetings (3 Ea)12 12
Review of Data 2 2
Site Visit 3 3
Letter Report 4 2 6
Preliminary Ped Bridge Foundation Design 3 3 6
Final Ped Bridge Foundation Field Inv 0
Final Ped Bridge Analysis & Recommendations 0
Total Billing Group 03:Geotechnical and Structural Allowance - Pedestrian
Bridge Final Design 24 5 0 0 29
Fee Total Billing Group 03:Geotechnical and Structural Allowance -
Pedestrian Bridge Final Design 4440 800 0 0 5240
TOTAL HOURS
24 5 0 0 29
Ethos Engineering, LLC
Floodwall
Golden Eagle Park
1
Item/Task Project Manager Project/Profesional
Engineer
Design Engineer Sr. CADD Designer TOTAL
Billing Group 01:Flood Wall
Admin/Coordination/ADWR Comment Resolution/Meetings (3 Ea) 12 12
Site Visit 2 2 4
General Notes (1 sheet)2 4 8 14
Typical Sections and Details (2 sheets)1 20 40 12 73
Wall Report 1 6 7
Total Billing Group 01:Flood Wall
14 30 46 20 110
Fee Total Billing Group 01:Flood Wall
2590 4800 4140 1600 13130
Billing Group 02:Sidewalk Connection
Admin/Coordination 4 4
Site Visit 2 2 4
General Notes (1 sheet)2 4 8 14
Typical Sections and Details (2 sheets)1 20 40 12 73
Wall Report 1 6 7
Total Billing Group 02:Sidewalk Connection
6 30 46 20 102
Fee Total Billing Group 02:Sidewalk Connection
1110 4800 4140 1600 11650
Billing Group 04:Preliminary Pedestrian Bridge Investigation Phase
Bridge Layout and Alternatives 2 16 10 28
Scour Mitigation Options 1 4 5
Construction Cost 2 4 6
0
Total Billing Group 04:Preliminary Pedestrian Bridge Investigation
Phase 5 24 0 10 39
Fee Total Billing Group 04:Preliminary Pedestrian Bridge Investigation
Phase 925 3840 0 800 5565
TOTAL HOURS
25 84 92 50 251
TOTAL STRUCTURAL HOUR DOLLARS 4625 13440 8280 4000 30345
Ethos Engineering, LLC
Golden Eagle Park
Flood Wall
1
Mileage (Personal Vehicle)
Item Trips Miles/1 way Total Rate Cost
Site Visit 3 30 180 $0.560 $100.80
Total Mileage (Personal Vehicle)$100.80
Total: $100.80
Estimated Direct Expenses
Golden Eagle Park
Ethos Engineering, LLC
Item/Task Project Manager Project/Profesional
Engineer
Design Engineer Sr. CADD Designer TOTAL
Billing Group 03:Geotechnical and Structural Allowance - Pedestrian
Bridge Final Design
Admin/Coordination/ADWR Comment Resolution 0
Final Ped Bridge Foundation Field Inv 2 8 10
Final Ped Bridge Analysis & Recommendations 4 4 2 10
Admin/Coordination/ADWR Comment Resolution 0
Bridge Plan and Elevation, Typical Section 4 24 4 12 44
General Notes and Quantities 1 6 12 12 31
Foundation Plan 2 10 20 12 44
Abutment Plan and Eelevation (2 Drawings)2 10 20 12 44
Abutment Details (1 Drawing)2 8 16 12 38
Miscellaneous Details (1 Drawing)2 8 16 12 38
Total Billing Group 03:Geotechnical and Structural Allowance -
Pedestrian Bridge Final Design 19 70 98 72 259
Fee Total Billing Group 03:Geotechnical and Structural Allowance -
Pedestrian Bridge Final Design 3515 11200 8820 5760 29295
TOTAL HOURS
19 70 98 72 259
TOTAL GEOTECH LABOR DOLLARS 3,515.00$ 11,200.00$ 8,820.00$ 5,760.00$ 29,295.00$
Supplemental Drilling:
Drill Rig 8,200.00$
Mileage for Drilling (2 trips)89.60$
TOTAL 37,584.60$
Pedestrian Bridge - Final Design for Structures
Ethos Engineering, LLC
Golden Eagle Park
Pedestrian Bridge - Final Design for Geotech
1
We estimate completion time to be 2 days on site, depending on formations, site access, weather
conditions and traffic control.
We at Geomechanics Southwest Inc., appreciate the opportunity to provide you with an estimate. If you have any
questions, please don’t hesitate to call or email us. We look forward to hearing from you soon.
Respectfully submitted by,
GEOMECHANICS SOUTHWEST, INC.
Mike Shelquist
Operations Manager – Phoenix
ETHOS 110321 Golden Eagle Park Pedestrian Bridge
Geomechanics Southwest, Inc.
5435 W. Mohave Street
Phoenix, Arizona 85043
602-252-0559
AROC 079441 / ADWR 498 www.gsidrilling.com
Date: November 3, 2021
Proposal # [0222P]
Keith Dahlen, PE
ethos Engineering
RE: Geotechnical Drilling Project – Golden Eagle Park Pedestrian Bridge, Fountain Hills, AZ.
SCOPE: Tubex/Core
• Provide a CME-75HT or CME-85 Truck-Mounted Drill with a 3-man crew, the drill will come equipped with 5-inch
Tubex casing advance and HQ3 wireline coring equipment with required support equipment.
• Tubex/Sample/Core two (2) borings to a maximum depth of 40-ft.
• GSI assumes all traffic control and permitting will be handled by others.
• GSI assumes reasonable access for our truck mounted equipment.
ITEM QUANTITY UNITS UNIT
PRICE LINE TOTAL
Prep / Mob / Demob 2 DAYS 700.00 $1,400.00
Tubex / Sample / Core 80 L.F. 38.00 $3,040.00
Support Trucks / Air Compressor /Water Wagon 2 DAYS 1025.00 $2,050.00
Core Bit Fluid 10 L.F. 12.50 $ 125.00
Core Boxes 2 EACH 12.50 $ 25.00
Standby / Site Clean-up / Traffic Control 2 HOURS 380.00 $ 760.00
Additional Crew Members (1-man) Tubex/Core Drilling 2 DAYS 400.00 $ 800.00
E S T I M A T E D T O T A L $8 , 2 0 0 . 0 0
ITEM 2.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular
Meeting/Work Session
Agenda Type: Council Discussion
Submitting Department: Administration
Prepared by: Grady E. Miller, Town Manager
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Combined Regular Meeting/Work Session (Agenda Language):
PRESENTATION: Proposed Strategic Priorities and Supporting Tasks for inclusion in the major update of
the Town of Fountain Hills Strategic Plan as recommended by the Strategic Planning Advisory
Commission.
Staff Summary (Background)
The Strategic Plan is a major policy document that provides guidance to the Town Council, Town
Manager, and department directors on moving the organization towards accomplishing strategic
priorities for the Town of Fountain Hills. The Strategic Plan helps justify actions and the use of budget
resources to implement tasks and strategic priorities contained in the policy document.
For several months, the Strategic Planning Advisory Commission (SPAC) has been in the process of
identifying and proposing strategic priorities and supporting tasks for the major update of the town's
Strategic Plan. According to the charge of SPAC, the Strategic Plan undergoes a major update every ten
years and a minor update every five years. The Town Council approved the current Strategic Plan in
2017 which consisted of a minor update.
SPAC Chair John Craft, Commissioner Patrick Garmin, and other members of SPAC will present the
proposed strategic priorities and supporting tasks to the Town Council for its review and consideration
on December 7, 2021. The intent of the Strategic Planning Advisory Commission is to obtain feedback
and buy-in to the proposed strategic priorities and associated tasks to ensure that they are "in sync"
with the Town Council prior to bringing the entire completed Proposed Strategic Plan and Report for
possible action at a future Town Council meeting in January or February 2022.
Attachments
Strategic Plan Presentation
Form Review
Inbox Reviewed By Date
Finance Director David Pock 11/23/2021 03:30 PM
Town Attorney Aaron D. Arnson 11/23/2021 03:45 PM
Town Manager (Originator)Grady E. Miller 11/23/2021 05:56 PM
Form Started By: Grady E. Miller Started On: 11/23/2021 09:49 AM
Final Approval Date: 11/23/2021
TO WN O F F O UNTAIN H ILLS
WWW.FH.AZ.GOV
Strategic Plan 2021
Preview
Strategic Planning Advisory Commission (SPAC)
December 7, 2021
TO WN O F F O UNTAIN H ILLS
WWW.FH.AZ.GOV
Guiding Principles
Manageable
Measurable
Impactful
WWW.FH.AZ.GOV
PLANNING ACKNOWLEDGEMENTS
Town has limited resources
Economic seasonality
Strong, talented volunteer base
Revenue variability
Limited residential growth
Unmatched natural beauty
WWW.FH.AZ.GOV
COMMUNITY & STAKEHOLDER INPUT
The Strategic Planning Advisory Commission’s Approach:
•Engaged local business, civic, education and government leaders for inputs, observations and
experiences.
•Collaborated with Vision Fountain Hills to survey over 900 local residents.
•Assessed the impact of the 2017 strategic plan
•Reviewed developing strategic plans of the Town (i.e., General Plan –Parks & Rec)
WWW.FH.AZ.GOV
VISION FOUNTAIN HILLS -Survey Results
Respondents’ Primary Community Interests:
•Business Development
•Technology Services
•Town’s Condition
•Environment
•Town Finances
•Safety
* Reflecting highest levels of importance
WWW.FH.AZ.GOV
TITLE ONE TITLE TWO TITLE THREE
KEYNOTE THEMES IN THE PLAN’S DEVELOPMENT
Collaborative
Partnering
Transparency &
Ownership
Stewardship of Local
Environment
WWW.FH.AZ.GOV
PROPOSED STRATEGIC PRIORITIES -2021
•Targeted collaborative economic development
•Long-term financial sustainability of community infrastructure,
environmental and social resources
•Improve public health, well-being, and safety of our community
•Maintain current infrastructure and prepare for emerging
trends
WWW.FH.AZ.GOV
TARGETED COLLABORATIVE ECONOMIC DEVELOPMENT
Signature Strategy #1
Retain existing businesses & attract new ones
Supporting Tasks
•Develop/promote effective brand image
•Action plans targeting health & wellness,
professional services, and S.T.E.M.
•Add Economic Development webpage and
business metric database to the Town’s website
•Streamline the business building permit process
Signature Strategy #2
Lead the formation of collaborative economic
development groups
Supporting Tasks
•Town to coordinate semi-annual meetings with CofC
and Ft McDowell Yavapai Nation regarding business
and tourism efforts/messaging
•Town to establish a business professional advisory
group
•Increase local business development literacy
WWW.FH.AZ.GOV
Promote Long-Term Financial Sustainability of Community Infrastructure, Environmental and Social Resources
Signature Strategy #1
Increase transparency and communication with the
public regarding continuous monitoring and internal
controls of town finances
Supporting Tasks
•Hold public meetings twice a year, separate from council
meetings, to review the Town’s financial health with the
public
•Conduct a regularly occurring satisfaction survey to
track levels over time on the provision of Town services
Signature Strategy #2
Promote long-term financial health and stability
Supporting Tasks
•Produce a feasibility study for the Town Council evaluating a
two-year budget cycle
•Produce a 5-year financial plan that incorporates fiscally
responsible revenue and expenditure forecasts
•Conduct a facilities reserve study that provides funding
strategies for the repair, replacement of existing facilities and
infrastructure
•Establish a grant researcher/writer as a permanent function.
WWW.FH.AZ.GOV
Promote Long-Term Financial Sustainability of Community
Infrastructure, Environmental and Social Resources (cont.)
Signature Strategy #3
Review the provision of governmental services to identify opportunities for
increased efficiency and economies of scale
Supporting Tasks
•Conduct an analysis of government services to identify opportunities to achieve
increased efficiency and flexibility through additional outsourcing
•Increase public’s access to self-service options
WWW.FH.AZ.GOV
IMPROVE PUBLIC HEALTH, WELL-BEING AND SAFETY IN COMMUNITY
Signature Strategy #1
Enhance the natural and built environment in
Fountain Hills
Supporting Tasks
•Promote, expand and connect open space and
recreational facilities
•Work directly with local environmental
organizations to guide and synchronize their
efforts
•Incorporate public health, well-being, and
safety in all FH governmental policies
•Create and publicize an environmental plan
Signature Strategy #2
Make Fountain Hills a community focused on public
health, well-being & safety
Supporting Tasks
•Support the expansion of public health and wellness
access within FH
•Create awareness of FH as a community focused on
public health, well-being, and safety
Maintain Current Infrastructure While Preparing Our Town For
Emerging Trends That Increase Public Safety And Quality of Life
Signature Strategy #1
•Develop an investment plan and schedule to
maintain/bring FH’s streets, medians, and
parks to established standards
Supporting Task
•Develop a detailed infrastructure condition report
with a scoring mechanism for evaluating the Town’s fixed assets annually
Signature Strategy #2
Support local broadband buildouts while ensuring
conduit right of way for future technologies
Supporting Tasks
•Make co-location of broadband a requirement as a
condition for permit use on public-funded
developments
•Enact and enforce codes and standards that
support 4G/5G and future telecommunications
Maintain Current Infrastructure While Preparing Our Town For
Emerging Trends That Increase Public Safety And Quality of Life
(cont.)
Signature Strategy #3
Increase ease and safety of multi-use aspects of
Fountain Hill’s roads
Supporting Tasks
•Work with subcommittee on Pedestrian & Traffic
Safety to produce a plan to remedy roads with lack of
interconnected sidewalks
•Develop a comprehensive bicycle master plan in
cooperation with dedicated citizen and organizational support
Signature Strategy #4
Partner with outside groups to report on FH’s parks
and its asset maintenance/management system
Supporting Task
•Complete a park metric scoring analysis using a
nationally recognized system to benchmark FH’s park
system
TO WN O F F O UNTAIN H ILLS
WWW.FH.AZ.GOV
Questions -Suggestions