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HomeMy WebLinkAbout2022.0104.TCRM.Agenda.Packet       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Alan Magazine Councilmember Gerry Friedel Councilmember Sharron Grzybowski Councilmember Peggy McMahon Councilmember Mike Scharnow Councilmember David Spelich    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, JANUARY 4, 2022 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE : Please feel free to provide your comments by visiting  https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These comments will be shared with the Town Council.         NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION: Monthly Update by Captain Kratzer with the Maricopa County Sheriff's Office.     6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     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 Regular Meeting of December 7, 2021.     8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No. 2 to Professional Services Agreement 2019-079 with JE Fuller Hydrology & Geomorphology, Inc.      Town Council Regular Meeting of January 4, 2022 2 of 3   B.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-02 approving the Fountain Lighting Policy.     C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-01 ratifying Arizona Parks and Trails grant application for Four Peaks Park.     9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.     10.ADJOURNMENT         CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2021. _____________________________________________  Elizabeth A. Klein, MMC, Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office.    Town Council Regular Meeting of January 4, 2022 3 of 3 ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of December 7, 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 Regular Meeting of December 7, 2021. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of December 7, 2021.  Attachments 2021.1207.TCCRMWS.Minutes  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 12/16/2021 10:51 AM Form Started By: Elizabeth A. Klein Started On: 12/14/2021 05:42 PM Final Approval Date: 12/16/2021  TOWN OF FOUNTAIN HILLS MINUTES OF THE COMBINED REGULAR MEETING/WORK SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 7, 2021            1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held December 7, 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    Mayor Dickey stated that she was removing item 7J from the Consent Agenda and it would be the first item under the Regular Agenda. Mr. Miller gave an update on the Town's COVID policy, noting that he and staff, along with the Mayor, have been meeting periodically to review numbers and as of January 1, 2022, the signs at Town facilities will now recommend masks, rather than require them. He said that they will continue to monitor the numbers and this could change in the future. Councilmember McMahon said that she attended the Thanksgiving Parade; it was fun having the Council together, and there was a good turnout. She said that her Leadership Academy class worked on the poinsettia tree on the Avenue and she also attended the Stroll in the Glow. She attended a Maricopa Association of Governments (MAG) Economic Development Council meeting. She said that Phoenix is the fifth largest city in the country and the economic outlook for Maricopa County is great. Councilmember Friedel said that he attended a MAG Domestic Violence Council meeting and viewed the Arizona Points which allows for electronically-submitted information and cases. He said that he would like to see if they could place a link to the site from the Town's website. He also attended the Stroll in the Glow and it was great to see everyone out there. He attended a few Chamber events, and also the Leadership Academy Graduation. Councilmember Scharnow said that he was involved in the parade and the new route was well received. He said that he had seen some posts on social media about there being less lights this year on the Avenue of the Fountains, compared to last year. He said that some of the lights had been moved over to Centennial Circle and, also, last year they had paid for extra lights in honor of the 50th anniversary of the fountain and 30th anniversary of incorporation. He said that the Noon Kiwanis held their annual Breakfast with Santa, cosponsored with the Town of Fountain Hills. Councilmember Spelich said that he missed the parade this year as he was scuba diving and having lobster instead of turkey. He said that his father was a pilot in the Navy assigned to Pearl Harbor. On this date, he asked everyone to remember all the brave people they lost on that day. Councilmember Grzybowski said that she also attended the Leadership Academy graduation, and if anyone was interested in attending the class next year the applications should be out in late spring. She also attended two east valley meetings--Economic Vitality and Transportation/Infrastructure. She also helped with the Turkey Trot t-shirt pick up and was able to attend Part Two of a recent GPAC meeting. Mayor Dickey said that she was glad that Councilmember Grzybowski was able to attend the one session. Mayor Dickey said that she attended a MAG Regional Transportation meeting where they approved the Prop 400 County transportation draft plan and ARPA Investment, including a report on enabling legislation. She also was part of Career Day with Mrs. Male's middle school class, where students practice how to interview for jobs. She said it was fun meeting the kids and hearing about their hopes and plans. She attended a River of Time Museum board meeting, and wrap up of their exciting year. She said that more and more activities in a week or two are reflective of community life in general: the Chamber had a grand re-opining, families and friends gathered for the Turkey Trot and the Thanksgiving Parade. It is not often you get to light the Menorah and launch a Stroll in the Glow, then meet a WWII pilot at the Pearl Harbor Memorial within days of each other. Mayor Dickey said that they marked the passing of Joe Goyena, a man and family that are woven into the fabric of the community, who will forever be a part of it.   A.RECOGNITION : Stellar Students of the Month for November    Mayor Dickey read the names of each of the Stellar Students of the Month for November 2021, and what was written about each of them from their schools. They are: Isabella Cruz Lopez McDowell Mountain Elementary School Abe Socher McDowell Mountain Elementary School Mia Garcia Fountain Hills Middle School Ian Elliott Fountain Hills Middle School Combined Regular Meeting/Work Session of December 7, 2021 2 of 18 Lindsey Eminhizer Fountain Hills High School Ayden Nguyen Fountain Hills High School Each student was presented with a certificate and letter and a group photograph was taken.   B.RECOGNITION : Award from the Arizona Parks and Recreation Association for Youth Program.    Adam Robinson, representing the Arizona Parks and Recreation Association, and Recreation Manager for the Town of Queen Creek, came forward. He said that over the last few years, the public has seen the benefit of parks and recreation programs. This award is a highly-competitive category. Normally they would have a banquet during the annual state conference, but because they were unable to do that this year they wanted to present it at a meeting. A short video about the program was watched. Mr. Robinson then presented the Outstanding Sports Program Award to Kade Nelson for the program Return to Recess. Mr. Nelson expressed his appreciation to their community members as it was a team award. He said that many wonderful hands played a part. He said that the essence of the program brought together experts in different types of sports to lead kids in different activities and Stephanie Beck was their instructor, disciplinarian and fun-maker. He then introduced each of the community members that assisted with the program and those present came forward for a photo: Disc Golf Club, Fountain Hills Little League, Fountain Hills Soccer Club, Brilliant Victory Skateboards, Fountain Hills High School Sand Volleyball Team, and the Pickleball Club.   5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   A.PRESENTATION: Monthly Update by Captain Larry Kratzer with Maricopa County Sheriff's Office    Captain Kratzer reported that with winter residents returning, they have had more vehicle accidents. He said that they recently participated in the Leadership Academy and this year they brought out one of their EOD robots and one of their larger drones used for a variety of things. He reported that last year their School Resource Officer, Mike Gross, retired and they are transitioning a new one. She was a prior teacher before joining law enforcement and she will be sent to become nationally certified. She also attends the Drug Coalition meetings. Captain Kratzer said that with recent crime trends, he would encourage residents that if they see something, to call the nonemergency line. Last night the water dispensers at a few stores were broken into, which is similar to activity happening in other communities. Also, there is a trend for stealing of catalytic convertors. He said it is costly to replace them at $1,000 to $5,000. They are being stolen for the precious metals used in making them. He said there are a few ways to not be a victim such as parking in a well-lit or high-traffic area, and etching the VIN# on their catalytic converter. Councilmember Scharnow asked if a car owner would know right away if their catalytic convertor had been stolen. Captain Kratzer said that they would. The exhaust will be quite loud; they will know right away. Combined Regular Meeting/Work Session of December 7, 2021 3 of 18 loud; they will know right away. Councilmember Spelich said that while they were out of town his friends staying at his place set off the alarm and MCSO arrived.   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.    Ms. Klein reported that one written comment card had been submitted by Sharon Ehrlich asking that the mask requirement be kept in place.   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 Mike Scharnow to approve the Consent Agenda Items 7-A through 7-K, except 7-J.  Vote: 7 - 0 Passed - Unanimously    Mayor Dickey stated that Item 7-J had been removed from the consent Agenda and would be discussed first under the Regular Agenda.   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.    Combined Regular Meeting/Work Session of December 7, 2021 4 of 18   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.       The following individuals addressed the Town Council in opposition to approval of this item: • Bridget Biermann • Mark Biermann • Brenda Kalivianakis • Ronald Bredemann • Liz Gildersleeve Comments received included: • Are we being fiscally responsible? • Is this a COLA given to all staff? If not, what message are they sending to the rest? • We have heard that the Town Manager is looking for work elsewhere. • With a downturn in the market due to COVID, can they justify this increase? • She is not saying that he is not a great guy. • Over the last 30 days of talking to people, as he runs for Council, one of the big topics is transparency and what is happening. Looking at the agenda, this was not exposed to the public. • He has no qualms with Mr. Miller; they are in Rotary together. • If someone is doing a great job, they should let the world know. • Everything comes down to communication. • From what she understands, employees will get a 3.5% raise and then they are adding another 17% raise to Mr. Miller. • The optics are terrible. • She has spoken to numerous people and no one had heard about it. They expressed outrage with such a lavish increase, and they said that government seems to be out of touch. • Small towns need to limit spending. • His current salary is 298% of the average salary. • Roads need repair. • A raise was in order, but this raise is excessive. Combined Regular Meeting/Work Session of December 7, 2021 5 of 18 • Does not know him personally, but in seeing how it compares with other cities, he is being tremendously overpaid and the position itself probably does not deserve someone of that nature. • Taking the number of residents in each city and dividing that into the pay, this dollar amount is excessive. • Going from $154,000 to $180,000 for a base salary seems generous. Her estimation of his other benefits total $250,000. • Why does he need a $600/month car allowance? Cell Phone, Retirement, Insurance, Vacation/Sick Days and 80 hours of annual management leave. • On top of that, vacations, reimbursement of travel expenses, professional membership, and a six months severance package if terminated without cause. • The relationship between the Town Manager and Mayor are too cozy. Ms. Klein then read the names of those submitting written comments in opposition to the increase: Gary Hoger, Richard Belanger, Richard Rutkowski, Todd and Linda Schwaba, Crystal Cavanaugh, Larry Meyers, Wayne Montefour.    Deputy Town Manager/Administrative Services Director David Trimble said that pursuant to Mr. Miller's contract, they generally have an annual performance review, focusing on four areas: achievement, personnel management, fiscal, overall management. He said that individuals review forms were distributed to Councilmembers by the attorney's office and then an executive session was held to review and discuss. They held another executive session to discuss salary for the purpose of making a market salary adjustment, after which they came to consensus and directed Mr. Arnson to prepare a contract to be voted on by the Town Council. During this discussion the Council was provided some materials that reflect comparable salaries throughout the Valley and the State of Arizona and that is what guided the discussions, and the material was provided by the League of Arizona Cities and Towns. Mayor Dickey said that the evaluation is something they do in executive session and they have been trying to figure out what they can and cannot say. With regard to the item being on the consent agenda, sometimes it is routine and she was in the routine mode. She is glad that it was taken off; it was an oversight. Vice Mayor Magazine said that he had no idea where the public got their numbers. Councilmember Spelich asked, in their research, what cities/towns pay their employees a stipend for not taking health insurance. In all of his years, Chicago did not compensate him for not taking it. Councilmember Scharnow asked how much it would have cost the Town if he had taken the Town's insurance. Mr. Trimble said that he was not sure of the exact amount, but single coverage only is over $1,000 per month. Councilmember Scharnow said that, in general, when they did their reviews, all four major categories he scored high on all based on a point system. He equates it to a CEO position in the private sector. He feels that Mr. Miller does a tremendous job dealing with all levels in how he does his job. When he was first hired as Administrative Services Director, the town manager at that time was making less because he knew he would be retiring. When Mr. Miller took over for him, it was already lower than comparable-sized towns and that was another factor. Combined Regular Meeting/Work Session of December 7, 2021 6 of 18 He said that he did not think it was fair to compare him to comparable positions in other states, as some are not doing as well as Arizona. It is a more fair and better comparison by looking at the salaries in Arizona. He said that another issue is that the Town is next to larger communities, and they have had to raise the salary ranges in order to keep good employees. He wants to keep Mr. Miller; he is doing a great job. With regard to communication and transparency, they do the reviews in private and come out and vote on a contract. They are not hiding anything, and he was not quite sure what that was all about. Vice Mayor Magazine said that one of the speakers said that if Mr. Miller was doing such a great job they should let the world know. January 1 will begin his 16th year in elected office over two jurisdictions. He has worked with seven managers, county and town, and everyone of them did a good job. Mr. Miller stands out above all of them. He said that Mr. Miller is incredibly responsive to the Town Council and citizens. There are many other cities/towns in the valley that would love to have him as their manager. Councilmember Grzybowski said there was a comment that a rumor was going around about him interviewing for other jobs. As a white-collar worker, if they are not out there at least once a year, they will fall behind in their interviewing skills. She had no problem with that if it was going on. Councilmember Spelich said that when he was elected he ran as a fiscal conservative. He started in 1990 with Cook County, went onto a smaller municipality, and then Chicago. In his entire career he has never gotten a 20.5% pay raise. He said that there is no personal slight against the Town Manager, although he has done things he does not agree with. He asked if anyone in the room would think that a $155,000 (with $13,000 in stipends) would be an average salary. He said that he would be doing cartwheels if he made that type of money. And, now they are looking to raise that amount to $180,000. He said that they recently received $2.9 million from the Cares Act. The last meeting they made a budget transfer of $3.8 million. If it was not for those, the Town would be hurting. Just because they are flush with cash now does not mean they will be in the future, and this is not a one-time expense. Roads are in disrepair. He said that they gave other employees a 3.5% increase, and he asked what tone that sets for them. He said that he has the ability to find a job elsewhere if he does not like Fountain Hills, but he chooses to stay. He said that he is vehemently opposed to this, and he was not able to attend the discussions in executive session. He never would have gone along with this if he had. When he arrived back in town and saw this on the consent agenda, his head exploded. It should have been on the regular agenda. Mayor Dickey said that this is a 16% increase. Councilmember Spelich said that he will be getting another 3.5% in January when everyone receives their increase. Mayor Dickey said that a lot of the accomplishments across all levels are a result of the staff and directors doing amazing jobs under Mr. Miller's leadership. The staff relationship was part of their evaluation. She said that it is natural for everyone to not be happy with their supervisor all the time, but with their accomplishments happening in town, under his leadership staff is doing well. Additionally, some of those other communities are part of the Arizona Statement Retirement System, which Fountain Hills is not, and it is difficult to get people to come here who are part of that system. She said that the other benefits are not extravagant and none are being altered. They have a close working relationship with him, and he is on call 24/7. Combined Regular Meeting/Work Session of December 7, 2021 7 of 18 Councilmember Friedel said that everyone sitting at the dais knows how he feels about lump sum adjustments being tied to performance. The optics of a $25,000 bump are not justifiable. He said that in his 45 years in the private sector, no one had a car allowance, or a 16 or 17% raise. He said that he has a hard time swallowing this, although he does deserve a raise. Mayor Dickey said that other town managers have car allowances. They need to compare apples to apples; he does not have a golden parachute. Councilmember Scharnow said that his previous comment was not to suggest that the position should be compared to a CEO, but rather the structure of the organization itself. He said that if they talk to cities/towns across the state, turnover rate for managers is very high. Mr. Miller has been here a number of years and they want to keep him. Looking at Fountain Hills and the cost of living, it is also high in Paradise Valley and Sedona. Additionally, he attends a lot of regional and manager meetings; he is not just driving to work and back. He said that it is true that they had federal funds being injected, but businesses in general are recovering and sales tax revenues are up. Even without the federal funds, he believes they are in a healthy position. The roads will need millions of dollars, and a committee has been established to bring back options for consideration. With regard to an increase being tied to performance, he said that Mr. Miller's is. Councilmember McMahon said that Mr. Miller encourages growth and dedication of staff and it has been reflected in the awards being received. The parks have improved over the last years. She said that Mr. Miller serves with grace and works 24/7; his dedication is unbelievable and they need to keep him. Councilmember Magazine said that he did not know where some of the information comes from. Even if they do not have car allowances in the private sector, 20 years ago he received a brand new Mercedes and BMW, and gas and insurance was taken care of.    MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Peggy McMahon to approve the Amended and Restated Employment Agreement Between the Town of Fountain Hills and Grady E. Miller.  Vote: 5 - 2 Passed  NAY: Councilmember David Spelich  Councilmember Gerry Friedel   K.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-38, abandoning the 1 Foot Vehicular Non-Access Easement along a portion of the south side of 15835 E. Firerock Country Club Drive.      Combined Regular Meeting/Work Session of December 7, 2021 8 of 18        8.REGULAR AGENDA   A.CONSIDERATION AND POSSIBLE ACTION: Acceptance of public art concept for Casas Del Lago Apartments.       Community Services Director Rachael Goodwin said that 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.    MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Sharron Grzybowski to accept the public art application for the sculpture and authorize it to be installed at the designated location at Casas Del Lago Apartments.  Vote: 6 - 1 Passed  NAY: Councilmember David Spelich   B.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-36 approving the Fountain Lighting Policy.       Ms. Goodwin said that 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. Councilmember Scharnow asked if they calculated the cost of having staff there. He said that he did not want to gouge anyone, but they should cover the costs. Ms. Goodwin said that at this point they are not recommending a fee. She said that the policy, as presented, minimizes the amount of staff time. Combined Regular Meeting/Work Session of December 7, 2021 9 of 18 Vice Mayor Magazine said that this requires more staff time, and he does not see the need for a policy. Councilmember McMahon said that she feels it will dilute the uniqueness of the fountain. Ms. Goodwin asked if there were a number of times per month that Council would be comfortable with, or there was the option to allow staff only to determine when colors change. Further discussion ensued and it was agreed that it should be limited to holidays and recognized causes, reducing the number of runs in a month. Mr. Miller said that it sounds like staff is close to what the Council is wanting, and suggested that they bring it back for action some time in January.   C.CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-20 providing penalties for violation of Town Code Article 8-6, Vacation Rentals.       Development Services Director John Wesley said that 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. Councilmember Spelich said that he has had people tell him they were having a hard time registering their properties. Mr. Pock said that the Town's registration is a simple on-line form. He would guess that anyone having a problem is working on the Department of Revenue's website. Councilmember Spelich suggested that they make sure the process is working and publicize it on social media, with a step-by-step process, and let everyone know when penalties will be enforced. Mr. Pock said that the steps taken by Finance have been informational; this is not connected to the business license process. Mr. Miller noted that the Town does not charge a fee. Mayor Dickey said that there was a recent article about Paradise Valley, and the experiences they have had.   Combined Regular Meeting/Work Session of December 7, 2021 10 of 18    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to adopt Ordinance 21-20.  Vote: 7 - 0 Passed - Unanimously   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.       Mayor Dickey opened the Public Hearing. Mr. Wesley said that 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. Councilmember McMahon asked if they would make sure there was still room for pedestrians. Mr. Wesley replied that they would. Mayor Dickey closed the Public Hearing.    MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Sharron Grzybowski to adopt Ordinance 21-12.  Vote: 7 - 0 Passed - Unanimously    A break was taken from 7:41 p.m. to 7:56 p.m.   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.       Senior Planner Tavassoli said that 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 Combined Regular Meeting/Work Session of December 7, 2021 11 of 18 realty office is to the south. The applicant is proposing a small development with 5 townhome-style buildings consisting of a total of 17, two-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. Councilmember Friedel said that when the medical center gets built out it could create a traffic problem. Mr. Tavassoli said that a traffic impact statement will be required, to be reviewed and approved by the town engineer. Councilmember McMahon asked if the development could be requested to do the study prior to the Council approving the application. Mr. Tavassoli said that he believed it could be required; however, the property is already zoned for commercial uses and a number of uses could go in that would generate more trips. Vice Mayor Magazine asked if the developer was present. He said that there are two left-hand turns and he has real problems with that. Mayor Dickey opened the Public Hearing. She said that if this was C-1 commercial they would not have to do a traffic study. Mr. Miller said that was correct; they could have an In and Out come in without any traffic requirements being imposed, so this is potentially a better use.    Councilmember Spelich said that this is going to be a bad nightmare. He is all for voting for things when he has all the information in front of him, but if they want this project to go through, they need to bring a traffic study. Vice Mayor Magazine said that he agreed. Councilmember Scharnow said that he also agreed. He asked staff if the applicant would have to redo the driveway if it was not done to code. Mr. Tavassoli said that it does look like it is deteriorating. Councilmember Grzybowski said that the recommendation by the Planning and Zoning Commission was for approval with the added stipulation that a traffic impact statement be done. She said that she does not know more about traffic impact statements than the Town's engineer. Mayor Dickey agreed. Councilmember Friedel asked if it was possible to have a right-turn lane only, and use Monterey to access Shea. Maria Pettit, Fountain Hills, said that she wanted to confirm that there would be a 20' setback from the wall between this development and the townhomes. Combined Regular Meeting/Work Session of December 7, 2021 12 of 18 Vice Mayor Magazine asked the developer if they would do the traffic impact statement first before the Council approved the application. Mr. Kirk Harr said that they have gone through the Planning and Zoning Commission and came to this meeting with the same requirement. If they get the Council's approval, then they invest the money on whatever is required. So, the answer is no. Ms. Dori Wittrig, Fountain Hills realtor, said that Mr. Harr has an amazing story. He moved here from the Pacific Northwest where he was a homebuilder of affordable housing with high quality. She said that this community also needs affordable housing and they cannot find land for it. They thought that 17 homes, with 17 families going in and out of the site, would be a perfect location. Currently in Fountain Hills today there are 54 homes on the market and only half of the 54 are affordable. There are 10 homes priced under $600,000 and of those the average is 1,209 square feet with a one-car garage. She said that this type of product is what the community needs and what the Town's Vision states. She did not understand their haggling. Ms. Wittrig said that their plan was to build homes, 1,650 sq. ft. with 3 bedrooms, 2 baths, two-story, at or just under the $500,000 price range. It is not the most affordable, but compared to what they have to offer it is. Vice Mayor Magazine said that he agreed with that. He is hung up on what could be a tragedy in the making. Ms. Wittrig said that the Town's Engineering Department recommended this. Mayor Dickey said that she liked the idea of moving ahead with the stipulation as recommended by the Commission. Mr. Arnson said that if a stipulation is not met there is a provision that talks about revocation, so they would not issue the building permits. He said that another section of the code does not preclude a continuance, but it does not expressly allow for one either. He said that the Council's options are, 1)approve as recommended; 2) impose other conditions, or 3) deny the application. Councilmember Spelich said that he was taken aback as being "haggling." If he is forced to make a decision without all of the information, it will be to deny. Councilmember Scharnow said that if they slid everything to the left and have the driveway be a right-hand turn only, it should work. Mr. Wesley noted that special use permits are good for six months. The developer has to get building permits within six months unless they obtain an extension. Vice Mayor Magazine asked, for the sake of discussion, if this was turned down and someone came in with a bank under C-1, what requirements would be placed on them. Mr. Tavassoli replied that they would come to Development Services with a formal site plan submittal which would go through various reviews, including the Town Engineer. Based on the Engineer's experience, he still has the capacity to require a TIS. Vice Mayor Magazine asked who would be responsible to provide the TIS if one was required. Town Engineer David Janover said that if there are any mitigating impacts, whether closing the median, left-turn pockets, or anything needed to improve the traffic, it would be the responsibility of the developer. Vice Mayor Magazine asked who would be responsible if it came back that a signal was needed. Mr. Janover said it would be up to the developer. After further discussion, Mr. Janover explained that regardless of whether a commercial Combined Regular Meeting/Work Session of December 7, 2021 13 of 18 application came in, or this application, at this site he would require a Traffic Impact Statement.    MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember David Spelich to deny the application.  Vote: 3 - 4 Failed  AYE: Councilmember David Spelich  Councilmember Gerry Friedel  Vice Mayor Alan Magazine    Mayor Dickey asked if this was approved with the stipulation, it would have to come back to the Council with an acceptable traffic mitigation plan. Mr. Miller said that the current stipulation is that the traffic impact statement go to the town engineer, but they could add that it come before Council if they preferred. Councilmember McMahon asked if there was any way to ask the Commission why they approved it, so they had a better understanding. Councilmember Grzybowski noted that the minutes of the last Planning and Zoning Commission were not available on the Town's website. Councilmember Scharnow asked if one of the recommendations could be to close the median completely. Mr. Janover said that may be a recommendation, however, the medical center uses it. But, they will look at different options. Councilmember Scharnow said that after all the discussion, he is comfortable with the recommendation presented by the Town Engineer. Mayor Dickey closed the Public Hearing at this time.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski 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.  Vote: 5 - 2 Passed  NAY: Councilmember David Spelich  Councilmember Gerry Friedel   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.       Mayor Dickey opened the Public Hearing. Combined Regular Meeting/Work Session of December 7, 2021 14 of 18  Mayor Dickey opened the Public Hearing. Mr. Tavassoli said that 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. 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. Mayor Dickey closed the Public Hearing.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to adopt Ordinance 21-18.  Vote: 7 - 0 Passed - Unanimously   G.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No. 2 to Professional Services Agreement 2019-079 with JE Fuller Hydrology & Geomorphology, Inc.       This item was postponed to the next meeting.   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    MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember David Spelich to adjourn.  Vote: 7 - 0 Passed - Unanimously   Combined Regular Meeting/Work Session of December 7, 2021 15 of 18  The Regular Meeting portion of the December 7, 2021, meeting adjourned at 8:55 p.m.   WORK SESSION AGENDA   1.CALL TO ORDER    Mayor Dickey called the Work Session portion of the December 7, 2021, meeting to order at 8:55 p.m.   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.       John Craft, Chairman of the Strategic Planning Advisory Commission, came forward and introduced other members of the Commission that were present: Mary Edmond, Cynthia Magazine, Bernie Hoenle. Those not present were Vice Chairman Patrick Garman and Commissioners Chad Bernick and Gerard Bisceglia. Chairman Craft began a PowerPoint presentation to review the draft Strategic Plan, which addressed: TARGETED COLLABORATIVE ECONOMIC DEVELOPMENT PROMOTE LONG-TERM FINANCIAL SUSTAINABILITY OF COMMUNITY INFRASTRUCTURE, ENVIRONMENTAL AND SOCIAL RESOURCES Two-Year Budget - Discussion was held on whether the Town could even do a two-year budget cycle. Mr. Miller said that he was not keen on the idea as there are challenges with it. Councilmember Scharnow said that he was not opposed to studying the issue. Chairman Craft said that they did some research across the country with different-sized communities, and they do a mid-cycle refresh. Mr. Miller said that is one of the League priorities for this year's legislative session, to allow for amendments after a budget is adopted. Mayor Dickey said that she is concerned that the work to study the issue would take staff away from other more important items. Grant Writer - Mr. Miller said that staff believed that the new software in finance will help them with grants. Councilmember Spelich said that he had suggested a grant writing team be put together, but the reason it was shot down was the fact that when they ask for grants they need money to back up the grants. Mr. Miller said that this was coming from SPAC. Mr. Miller said that it depends on the grants; some are 70/30 splits and others may be 90/10. It depends on the nature of the grant. Councilmember Grzybowski said that they need to remember they have to build it into the budget. Mr. Miller said that the Finance Director does put in some contingency each year for the potential that they may get a grant. Councilmember Friedel said that there are also companies out there that will help write grants. Chairman Craft said that their reason for recommending a permanent grant writer was so they could be proactive versus reactive. Outsourcing - Mayor Dickey said that she likes the engagement of their own staff. Combined Regular Meeting/Work Session of December 7, 2021 16 of 18 Chairman Craft said that this was not to suggest they outsource across the board. IMPROVE PUBLIC HEALTH, WELL-BEING AND SAFETY IN COMMUNITY Vice Mayor Magazine said that he has been beating this drum for a few years, that they have a lot of resources and could be known around the Valley and the state as the leader in health and well-being. Mr. Miller said that when the plan comes back to the Council they will designate the "go to" individuals and apply dates on when things should be accomplished. He said that they talked the concept of branding, and that will be on the Council Retreat agenda. Chairman Craft said that part of the final plan is they will take each task and score its level of complexity. Some will take more time and effort, and they will build a timeline. MAINTAIN CURRENT INFRASTRUCTURE WHILE PREPARING OUR TOWN FOR EMERGING TRENDS THAT INCREASE PUBLIC SAFETY AND QUALITY OF LIFE Mayor Dickey said that they did the road study which addresses the aspect having to do with roads. She asked how the Active Transportation Plan falls into this. Mr. Miller said that this plan will take that to the next level. Chairman Craft said that they have a more comprehensive view in the final report and will be updated with a SWAT Analysis. Mayor Dickey said that they appreciated the presentation very much. Chairman Craft said that the reason they wanted to get this before the Council is to establish priorities at this point. Mr. Miller said that SPAC has done a great job. They are the Council's appointed body, so if that is what they want to do they will help make it happen. Mr. Miller said that for the first time ever SPAC came before the department heads for their input. Vice Mayor Magazine said that it would be helpful to the Town Council to know what things Mr. Miller does not agree with. Mr. Miller said that they have made some adjustments and he was 98% okay with the plan.   3.ADJOURNMENT    The Work Session of December 7, 2021, adjourned at 9:43 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: Combined Regular Meeting/Work Session of December 7, 2021 17 of 18 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 Combined Regular Meeting/Work Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 7th day of December, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of January, 2022. _________________________________ Elizabeth A. Klein, Town Clerk Combined Regular Meeting/Work Session of December 7, 2021 18 of 18 ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):   CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No. 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 $163,510.90 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 $163,510.90. Fiscal Impact Fiscal Impact:163,510.90 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 Scope and Fee  Professional Services Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 12/21/2021 09:17 AM Finance Director David Pock 12/21/2021 04:20 PM Town Attorney Aaron D. Arnson 12/21/2021 04:24 PM Town Manager Grady E. Miller 12/22/2021 08:23 AM Form Started By: Justin Weldy Started On: 12/08/2021 07:55 AM Final Approval Date: 12/22/2021  Tempe, AZ Tucson, AZ Flagstaff, AZ Prescott, AZ Silver City, NM 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 Contract No. 2019-079.2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC. THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Second Amendment") is entered into as of January 4, 2022 between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and JE Fuller/Hydrology and Geomorphology, Inc., a(n) Arizona corporation (the "Consultant"). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the "Agreement"), dated April 24, 2019, for the Consultant to provide concept design and related services (the "Services"). All capitalized terms not otherwise defined in this Second Amendment have the same meanings as contained in the Agree ment. B. The Town and the Consultant desire to enter this Second Amendment to amend the Agreement to (i) add to the scope of work (Exhibit B} and (ii) provide for compensation to the Consultant for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 2. Compensation. The Town shall pay Consultant an amount not to exceed $292,994.90 for the Services. Exhibit B as attached is hereby incorporated by this reference. 3.Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4.Non-Default. By executing this Second Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to "Con tractor" JE Fuller/Hydtotogy and Geomorphology, Inc , a(nl Arizona corporation Name: Title: Signature___________________________ ___________________________ ____________________ ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/04/2022 Meeting Type: Town Council Regular Meeting 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 Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-02 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. It is recognized that lighting the fountain in various colors is a special and unique occasion. In order to preserve the distinct and exceptional nature of these events, lightings will be kept to a minimum and require Town Manager, or designee, approval. Personal requests, including anniversaries, birthdays, or other such occasions will not be approved.  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 2022-02. Attachments Res 2022-02  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/21/2021 10:56 AM Finance Director David Pock 12/21/2021 04:23 PM Town Attorney Aaron D. Arnson 12/21/2021 04:24 PM Town Manager Grady E. Miller 12/22/2021 08:25 AM Form Started By: Patti Lopuszanski Started On: 12/08/2021 01:50 PM Final Approval Date: 12/22/2021  RESOLUTION 2022-02 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. 2022-02 PAGE 2 EXHIBIT ‘A’ FOUNTAIN PARK FOUNTAIN LIGHTING POLICY Policy: Establish an internal operating procedure for the fountain lighting options at Fountain Park. Background: 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. Visibility of the lights is limited to evening hours, therefore viewing times will vary seasonally. Colors are not detectable during daytime hours. 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. It is recognized that lighting the fountain in various colors is a special and unique occasion. In order to preserve the distinct and exceptional nature of these events, lightings will be kept to a minimum and require Town Manager, or designee, approval. 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 an extremely 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 Violence 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. RESOLUTION NO. 2022-02 PAGE 3 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 ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/04/2022 Meeting Type: Town Council Regular Meeting 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 Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-01 ratifying Arizona Parks and Trails grant application for Four Peaks Park. Staff Summary (Background) Staff is seeking Council ratification for the Arizona Parks Grant application that was submitted on December 21, 2021. The application allows combined access to two cooperative grant funds, the Land and Water Conservation Fund (LWCF) and the Local, Regional and State Parks (LRSP) Heritage Grant. The two grants are designed to work jointly, allowing jurisdictions to leverage one fund as a financial offset for the other. Staff requested $400,000 for each grant, totaling $800,000. Per grant guidelines, applicants are responsible for a 5% surcharge on the Land and Water Conservation Fund (LWCF) grant award, amounting to $20,000. The Local, Regional and State Parks (LRSP) Heritage Grant features a matching requirement, however, grant funds from the LWCF may be used for the match. In the event both grants are awarded, the $20,000 surcharge is the only town-allocated funding required to support the entire grant package. This funding would be allocated from the existing Four Peaks Parks CIP budget and no new budget or funding sources will be required.  Should either grant application be denied, staff will review the budgetary impacts and project scope before making further recommendations.   If granted, the project scope will complete the final, unfunded phase of Four Peaks Park. The final phase includes a new, ADA accessible restroom, to be located adjacent to the ballfields and playgrounds, which will include hand-washing stations and drinking fountains. The grant also requests funding for two shaded picnic ramadas and desert-tolerant, shade producing landscaping. The addition of these amenities is consistent with the recommendations in the Community Services Master Plan and the feedback received through the community survey.     Arizona State Parks and Trails Grants are offered on a rolling basis until funding is exhausted. Staff met with the grant administrator for an initial project review and received preliminary approval of the project scope for submitting the grant application.  Following committee review of applications, approved projects receive notification within 60 days.  Per policy, grant applications must be approved by the Town Council prior to submission. However, due to restrictive timelines, it was necessary to submit the application in time for the Arizona Outdoor Recreation Coordinating Commission (AORCC) meeting scheduled for Tuesday, January 11, 2022. In order to take advantage of the grant opportunity, the application submission was authorized by Town Manager Grady Miller and endorsed by Finance Director David Pock. Related Ordinance, Policy or Guiding Principle Town of Fountain Hills Grant Policy. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Community Services Advisory Commission recommends approval. Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to adopt Resolution 2022-01 to ratify a grant application previously submitted to Arizona State Parks and Trails and authorize the grant acceptance and all steps necessary to implement if awarded.   Attachments Certification Letter - LWCF/LRSP Grant Application  AZ Parks and Trails Grant Resolution 2022-01  Four Peaks Park Aerial  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/21/2021 01:55 PM Finance Director David Pock 12/21/2021 04:33 PM Town Attorney Aaron D. Arnson 12/22/2021 09:36 AM Town Manager Grady E. Miller 12/28/2021 09:25 AM Form Started By: Patti Lopuszanski Started On: 12/14/2021 05:03 PM Final Approval Date: 12/28/2021  RES 2022-01 Page 1 of 2 RESOLUTION 2022-01 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING SUBMISSION OF A COMBINED GRANT APPLICATION FOR THE FY2022 HISTORIC PRESERVATION HERITAGE FUND, LOCAL, REGIONAL AND STATE PARK (LRSP) GRANT, AND LAND AND WATER CONSERVATION FUND (LWCF) GRANT FOR THE PURPOSE OF CONSTRUCTING A RESTROOM AT FOUR PEAKS PARK; AND AUTHORIZING THE MAYOR AND TOWN MANAGER TO APPROVE, EXECUTE, AND SUBMIT THE GRANT; AND AUTHORIZE THE ACCEPTANCE OF ANY RESULTING GRANT FUNDS. WHEREAS, the Town of Fountain Hills is seeking a combined grant for FY2022 from the Historic Preservation Heritage Fund, Local Regional and State Park (LRSP) grant and Land and Water Conservation Fund (LWCF) grant for the purpose of constructing a restroom at the Four Peaks Park, which will include storage, two ramadas, and surrounding landscaping. WHEREAS, the Mayor and Council desire to ratify the submission of the Grant Application and authorize the acceptance of any resulting grant funds. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. The recitals above are hereby incorporated as if fully set forth herein. Section 2. The Mayor and Town Council hereby (i) authorize the submission of the Grant Application, (ii) authorize the acceptance of any resulting grant award, and (iii) authorize the execution of any resulting grant agreement and any other documents required for receipt of the grant funding. Section 3. The Mayor, the Town Manager, and the Town Attorney are hereby authorized and directed to execute and submit the resulting Agreement and any other necessary or desirable instruments connected with the Grant and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona this 4th day of January, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _ Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk RES 2022-01 Page 2 of 2 REVIEWED BY: APPROVED AS TO FORM: Grady Miller, Town Manager Aaron D. Arnson, Town Attorney