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HomeMy WebLinkAbout140918P NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 18, 2014 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. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Vice Mayor Cecil A. Yates z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 2 of 4 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT to: (i) A.R.S. §38-431.03.A.4: discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, the Fountain Hills Development Group/Tractor Supply Company Development Agreement.); and A.R.S. §38-431.03.A.3, discussion or consultation for legal advice with the Town Attorney (Specifically, the CCWC Rate Case). 2. ADJOURNMENT REGULAR AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION - Bishop Jerry Olson with the Church of Jesus Christ of Latter Day Saints  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a proclamation declaring September 22 – 26, 2014, National Employer Support of the Guard and Reserve week in the Town of Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held September 4, 2014. 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. z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 3 of 4 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote 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. 1. CONSIDERATION of approving an ENCROACHMENT PERMIT, submitted by Mark Dohrman on behalf of Gridley’s of Fountain Hills, for the purpose of improving and permanently maintaining an access ramp, stairs, a guardrail, and roof canopy columns, which encroaches upon the public sidewalk and right-of-way, located in front of the retail store at 16830 E. Avenue of the Fountains, Fountain Hills, AZ. 2. CONSIDERATION of approving an ENCROACHMENT PERMIT APPLICATION submitted by Carolyn Redendo (Sofrita, LLC) for the purpose of extending the existing outdoor seating and dining area located in front of the restaurant an additional 150 sq ft + on the public sidewalk at 16848 E. Avenue of the Fountains. 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES/PATIO PERMIT, submitted by Carolyn Redendo, Owner/Agent of Sofrita, located at 16848 Avenue of the Fountains, Fountain Hills, AZ. 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT submitted by Darvel Hansen, representative of The Club, located at 17005 E Enterprise Dr, Fountain Hills, AZ. REGULAR AGENDA ITEMS 5. CONSIDERATION of APPOINTING four individuals to the Planning and Zoning Commission each to a two-year term beginning, October 1, 2014, and ending October 1, 2016. 6. CONSIDERATION of approving a SPECIAL EVENT APPLICATION and CO- SPONSORSHIP for the 2014 Oktoberfest event presented by the Southwest German Society, Sons of AMVETS, and Fountain Hills Elks Lodge #2846 to be held in Fountain Park on September 26-27, 2014. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Samuel Coffee, representing the Sons of AMVETS Squadron #7, for the purpose of a fundraiser in conjunction with the 2014 Oktoberfest event. The event is scheduled for Friday and Saturday, September 26-27, 2014, from 5:00-10:00 p.m., at Fountain Park. 8. PRESENTATION AND DISCUSSION of the TOURISM PROGRAM WITH POSSIBLE DIRECTION TO STAFF regarding moving forward with MARKETING AND PROMOTIONAL STRATEGIES. z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 4 of 4 9. CONSIDERATION of RESOLUTION 2014-40, relating to a Development Agreement between the Town of Fountain Hills and Fountain Hills Development Group for the Tractor Supply Company development at 17130 E. Shea Boulevard. 10. CONSIDERATION of a COOPERATIVE PURCHASE AGREEMENT with Icon Enterprises, Inc. dba as Civic Plus, in the amount of $61,051.35, for the design, development, and hosting of an internet website for the Town of Fountain Hills. 11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the FORMAL NAMING OF THE MEDIAN on the Avenue of the Fountains. This agenda item was added at the request of Councilmembers: Brown, Hansen and Leger. 12. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding proceeding with the development of a REQUEST FOR PROPOSALS for a COOPERATIVE PURCHASE AGREEMENT for a solar services agreement/purchase power agreement for the Cutillo Civic Center. 13. CONSIDERATION of ORDINANCE 14-09, amending Town Code, Chapter 9, regarding firearm compliance. 14. REVIEW WITH POSSIBLE DIRECTION TO STAFF regarding the Arizona League of Cities and Town’s Legislative Program for the 2015 LEGISLATIVE SESSION. 15. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: NONE. 16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 17. ADJOURNMENT. DATED this 11th day of September, 2014. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this 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. NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 18, 2014 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. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Vice Mayor Cecil A. Yates z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 2 of 4 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT to: (i) A.R.S. §38-431.03.A.4: discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, the Fountain Hills Development Group/Tractor Supply Company Development Agreement.); and A.R.S. §38-431.03.A.3, discussion or consultation for legal advice with the Town Attorney (Specifically, the CCWC Rate Case). 2. ADJOURNMENT REGULAR AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION - Bishop Jerry Olson with the Church of Jesus Christ of Latter Day Saints  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a proclamation declaring September 22 – 26, 2014, National Employer Support of the Guard and Reserve week in the Town of Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held September 4, 2014. 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. z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 3 of 4 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote 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. 1. CONSIDERATION of approving an ENCROACHMENT PERMIT, submitted by Mark Dohrman on behalf of Gridley’s of Fountain Hills, for the purpose of improving and permanently maintaining an access ramp, stairs, a guardrail, and roof canopy columns, which encroaches upon the public sidewalk and right-of-way, located in front of the retail store at 16830 E. Avenue of the Fountains, Fountain Hills, AZ. 2. CONSIDERATION of approving an ENCROACHMENT PERMIT APPLICATION submitted by Carolyn Redendo (Sofrita, LLC) for the purpose of extending the existing outdoor seating and dining area located in front of the restaurant an additional 150 sq ft + on the public sidewalk at 16848 E. Avenue of the Fountains. 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES/PATIO PERMIT, submitted by Carolyn Redendo, Owner/Agent of Sofrita, located at 16848 Avenue of the Fountains, Fountain Hills, AZ. 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT submitted by Darvel Hansen, representative of The Club, located at 17005 E Enterprise Dr, Fountain Hills, AZ. REGULAR AGENDA ITEMS 5. CONSIDERATION of APPOINTING four individuals to the Planning and Zoning Commission each to a two-year term beginning, October 1, 2014, and ending October 1, 2016. 6. CONSIDERATION of approving a SPECIAL EVENT APPLICATION and CO- SPONSORSHIP for the 2014 Oktoberfest event presented by the Southwest German Society, Sons of AMVETS, and Fountain Hills Elks Lodge #2846 to be held in Fountain Park on September 26-27, 2014. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Samuel Coffee, representing the Sons of AMVETS Squadron #7, for the purpose of a fundraiser in conjunction with the 2014 Oktoberfest event. The event is scheduled for Friday and Saturday, September 26-27, 2014, from 5:00-10:00 p.m., at Fountain Park. 8. PRESENTATION AND DISCUSSION of the TOURISM PROGRAM WITH POSSIBLE DIRECTION TO STAFF regarding moving forward with MARKETING AND PROMOTIONAL STRATEGIES. z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 4 of 4 9. CONSIDERATION of RESOLUTION 2014-40, relating to a Development Agreement between the Town of Fountain Hills and Fountain Hills Development Group for the Tractor Supply Company development at 17130 E. Shea Boulevard. 10. CONSIDERATION of a COOPERATIVE PURCHASE AGREEMENT with Icon Enterprises, Inc. dba as Civic Plus, in the amount of $61,051.35, for the design, development, and hosting of an internet website for the Town of Fountain Hills. 11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the FORMAL NAMING OF THE MEDIAN on the Avenue of the Fountains. This agenda item was added at the request of Councilmembers: Brown, Hansen and Leger. 12. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding proceeding with the development of a REQUEST FOR PROPOSALS for a COOPERATIVE PURCHASE AGREEMENT for a solar services agreement/purchase power agreement for the Cutillo Civic Center. 13. CONSIDERATION of ORDINANCE 14-09, amending Town Code, Chapter 9, regarding firearm compliance. 14. REVIEW WITH POSSIBLE DIRECTION TO STAFF regarding the Arizona League of Cities and Town’s Legislative Program for the 2015 LEGISLATIVE SESSION. 15. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: NONE. 16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 17. ADJOURNMENT. DATED this 11th day of September, 2014. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this 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 OF FOUNTAIN HILLS PROCLAMATION EMPLOYER SUPPORT OF THE GUARD AND RESERVE WEEK WHEREAS,National Guard and Reserve forces comprise nearly half of our nation's military strength,and are essential to America's national security; and Reserve Component forces stand ready to answer the call to serve,whether serving alongside active duty counterparts all across the globe or responding to humanitarian crises at home and abroad;and WHEREAS,employers provide critical support to members of the National Guard and Reserve;allowing Citizen Warriors to serve whenever the Nation calls,often foregoing financial gain and making sacrifices in the process; and WHEREAS,employer support is stronger than ever,more than 41 years after President Richard Nixon authorized the Secretary of Defense to establish the National Committee for Employer Support of the Guard and Reserve (ESGR);and WHEREAS,our nation is in debt to the Citizen Warriors departing the comforts of home to ensure our freedoms remain intact;and,likewise,America pays special tribute to the commitment of dedicated and supportive employers who continue to make service in the Reserve Components possible. NOW,THEREFORE,I,Linda M.Kavanagh,Mayor of the Town of Fountain Hills,Arizona,do hereby declare September 22-26,2014 as National Employer Support of the Guard and Reserve week in Fountain Hills. Dated this 18th day ofSeptember, 2014. lagh,Mayor Attest: hm jjjn&&jud jlO Bevelyn J.Bender^Town Clerk TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Bob Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov Strategic Values:Economic Vitality Council Goal:EV4 Promote quality businesses REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of an ENCROACHMENT PERMIT,submitted by Mark Dohrman on behalf of Gridley's of Fountain Hills, for the purpose of improving and permanently maintaining an access ramp, stairs, a guardrail, androof canopycolumns,which encroachesupon the public sidewalkand right-of-way,locatedin front ofthe retail store at 16830 E.Avenue of the Fountains,Fountain Hills,AZ. Applicant:Gridley's of Fountain Hills Applicant Contact Information:16830 E.Avenue of the Fountains Fountain Hills,AZ 85268 Property Location:16830 E.Avenue of the Fountains Related Ordinance,Policy or Guiding Principle: Town of Fountain Hills Right-of-Way Encroachment Regulations US Dept of Justice ADA Regulations Staff Summary (background): The Town's zoning ordinances allowoutdoor display areas in the C-2 Intermediate Commercial zoning district with Town Council approval. Gridley's has maintained their sidewalk display area for many years and are now seeking to upgrade the area under their canopy with steps,rails,and ADA ramps which will make the three entrances to the store all handicap accessible. The outdoor displays will continue as in the past and are located directly in front of the store on the public sidewalk and under the existing shade canopy. The Town's Right-of-Way Encroachment Permit process requires that anyone performing activities that block any portion of the public right-of-way must first receive a permit.The proposed improvements are located within the Avenue of the Fountains Right-of-Way and will be permanent.The application process includes a detailed description of the nature of the encroachment, the duration of the encroachment, proofof insurance, and any methodsto be employed to protect public safety during the activity.Encroachment Permit applications are routinely administered by staff.However,as this request was for a permanent encroachment with Page 1 of 2 Gridley's Encroachment Permit permanent structures being installed on Town property,Town Council is asked to authorize the encroachment and permit the applicants to continue their sidewalk displays permanently. Staff supports the proposal and believes such activities should be encouraged as they will help enhance the downtown business climate by attracting more residents to the area. Risk Analysis (options or alternatives with implications): Approval will allow Gridley's to continue using a portion of the public right-of-way for merchandise display as well as improve the accessibility of their entrances. Denial will not allow Gridley's proposal to improve their store's ADA access within the public right-of-way. Denial of this encroachment request will not affect Gridley's ability to continue with their outdoor displays unless the Town Council specifically includes that ability in your denial. Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized,list here: NA Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s): Staff recommends that the Town Council approve the Right-of-Way Encroachment Permit,subject to standard stipulations 1 -15 as outlined in the Encroachment application form. List Attachment(s): 1.Right-of-Way Encroachment Application w/exhibits (2 pgs) 2.Dohrmann Architects narrative and color exhibits (3 pgs) 3.Plan Sheets (2 pgs) SUGGESTED MOTION(S)(for Council use):Move to APPROVE the Right-of-Way Encroachment Permit for Gridley's,subject to the standard stipulations 1 - 15 as outlined in the Encroachment application form. Prepared by:Approved: 4^1SotO<c(Robert Rpdaers <-*£?)m 4 j^-*Xg*AJCV*^ -.r .,-,,—^—o—gaT n,nwn..Ken Buchanan,Town Manager 9/9/2014RobertRodgers,Senio'rPlanner 9/9/2014 'a Director's Approval:, Paul Moofj,Development Services Director 9/9/2014 Page 2 of2 Town of FOUNTAIN HILLS Phone (480)816-5130 j&tjjLdow-na Permit No.E RIGHT-OF-WAY ENCROACHMENT PERMIT Application Date:8/19/2014 Applicant Address City, State, Zip Contractor Address City, State, Zip Town Bus.Lie # Gridleys of Fountain Hills 16830 East Avenue of the Fountains Fountain Hills, Az.85268 To be determined. State Tax # Project/Location/Parcel Scope of Work and Schedule Installation ofnew handicapped accessible entrance rampsandsteps. 16830 East Avenue of the Fountains •Trench • Expiration Date: Contact 24-Hour Phone Bond/Security Deposit Contractor License// 6 months from application date 480-837-1090 Insurance Expiration Date Pit •Each •Other ^Any item left in the street overnight must have lighted barricades placed around it. PERMIT IS BEING REQUESTED FOR: •Roadways D Drainage •Utilities INSPECTOR • • • Landscape Driveway Other Justin Weldv 602-721-2646 FEES: Base Fee Trench (Linear Feet) Pit (Square Feet) In Lieu Payments Other Fees Total Fees 50.00 ADDITIONAL TOWN REQUIREMENTS (INSPECTION LINE 480-816-5198) The Town Engineering Department shall be notified 24 hours prior to starting work under this permit.Town inspector shall also he notified 24 hours prior to any backfill being placed.Failure to provide said notification will subject the work to re-excavation,removal or replacement as may be required for Town inspection, at the permittee s expense. The permittee shall take full responsibility for all work done under this permit and shall complete the work in a workmanlike manner, including cleanup,landscape restoration,restoration of right-of-way and repair of damaged property.Notify Inspector 24 hours in advance when project is ready for punch list. **Failure to obtain an inspection before completion may result in additional fees and/or penalties** MUNIS App#Amount Paid: Date Paid:Method of Payment: Paid By:Check No. Official Use Only: Revised 07/2010 APPLICATION SUBMITTAL REQUIREMENTS 1.All applications shall submit: •A completed and signed permit form • 3 sets of construction plans Additionally,all applicantsexceptpublicutilitiesshallhaveaTown of FountainHillsBusiness (privilege)Licenseanda StateContractorsLicense. 2.When road or lane closures are required during the work,three (3)sets of Traffic Control Plans shall be submitted to iwcldy@fli.az.gov (including a name and phone number for 24-hourcontactperson),72 hours priorto plannedstartof work. No streetor alleyclosuresshalloccur withoutwritten approval of the Traffic Control Plans. 3.Conn-actor is defined as thatentity which will performthe work. If Subcontractors are to be used, applicantshall name the subcontractor,address, office phone, 24 hour phone, contact,contractor license number, Town business license number, state tax number and certificate of insurance for each. CONDITIONS OF PERMIT 1.All workto conformto MAG Specifications and Detailsor as revisedby theTown of Fountain Hills. 2. Traffic control for any work performed within the public right-of-way shall conform to the Manual of Uniform Traffic Control Devices. Maintenance of traffic control shall bethe responsibility of the pennittee.Should any deficient barricading or signing occur,and the Town hasto correct traffic control, the permittee will be assessed a fee per Town fee schedule. 3.General liability insurance for minimum of $500,000 naming the Town of Fountain Hillsas an additional insured and Statutory Workman s Compensation Insurance.The applicant shall be responsible forall liability imposed by law for personal injury or property damage arising outof or related to work performed under tlus permitor arising out of the failure on the applicant s partto perform itsworkunderthis permit.If any claim for such liabilityis made against the Town of Fountain Hills, its officers or employees,applicantshalldefend, indemnifyand hold them harmless fromsuch claim,including claimsalleging the negligence oftheTown,its officers and employees. 4. All work shall be thesole expenseof the applicantand shall be done in such a manneras to be least inconvenient and hazardousto vehicularor pedestrian traffic. 5. The proposed workshallbe located and constructed tothe satisfaction of theTown Engineer orduly authorized representative. 6.THE TOWN ENGINEERING DEPARTMENT (480-816-5198)SHALL BE NOTIFIED 24 HOURS PRIOR TO STARTING WORK UNDERTHIS PERMIT. The Town Engineer shall also be notified24 hours prior to any backfill beingplaced. Failure to provide said notification will subjectthe work to re-excavation,removal or replacement as may be required for Town inspection,at the permittees expense. The permittee shall take full responsibility for all work done under this permit and shall completethe work in a workmanlike manner, including cleanup, restoration of right-of-wayand repair of damaged property. NotifyTown of Fountain Hills inspector 24 hours in advance when the project is ready for punch list. 7. The applicant shall conform to all provisions ofthe Arizona Blue Stake Law,and shall call1-800-STAKE-IT a minimum of48 hours priortoany work involving excavation. 8. Ifanyofthe right-of-way occupied and used by permittee is deemed tobe needed or required bythe Superintendent of Streets,this pemiit may be revoked bythe Town and all rights thereunder are hereby terminated and upon notice from the Town the pennittee shall immediately remove all property owned by permittee. 9.Excavated or stored material shall notbe placed or stored on pavement,sidewalk,or traveled roadway surface unless specifically stated and approved on this permit. 10.Excavation within the roadway,and within 3 feet from pavement edges,shall be recompacted toa minimum of 95%relative density (ASTM D- 698)within 2 feet of the bottom of the pavement section and 90%below 2 feet.All excavation will require the pennittee to pay for and furnish the Town with compaction tests.The minimum amount of test required will be 1 for every 2 feet of fill for lateral cuts,and one every 500 feet for every 2 feet of fill for longitudinal cuts.The minimum amount oftest required three feet beyond the pavement edge will beone every 500 feet. Compaction test results shall be submitted prior to finish asphalt being placed or finalizing permit.Non-shrink backfill may be placed in lieu of the above compaction requirements.Asphalt or aggregate base course thickness shall meet existing thickness,minimum 2 ACon6 ABC.A temporary patch of cold mix will be allowed. 11.Payment and submittal ofany additional testing requirements will bethe responsibility ofthe pennittee. 12.In addition tothe specific conditions of pennit herein set forth,pennittee shall be subject to and abide by all applicable provisions of Section 16 of the Fountain Hills Town Code dealing with encroachment. 13.Notify Town of Fountain Hills Street Department 48 hours in advance for removal,replacement or new installation of signs. 14.Lack of diligence in performing or protection of the work zone may result in cancellation of the pennit,an administrative fee,and cost of restorationby the Town and/or a misdemeanor(TownCode 16-1-12). 15.This permit will expire 6 months (180 days)from the application date.If the proposed work is not complete and inspection has not been Initials performed,applicant will need to reapply for a new permit.Please initial that you have read and agree to the terms above. AGREEMENT FOR AND IN CONSIDERATION of the granting of this pemiit for the purpose set forth herein,the pennittee hereby agrees, covenants and binds said Permittee to all responsibilities,liabilities and demands ofall applicable Town,State and Federal regulations and to all conditionsset forth inthis pennit. IN WITNESS WHEREOF THIS PERMIT HAS BEEN DULY SIGNED ON J SIGNATURE OF APPLICANT AUTHORIZED SIGNATURE A PERMIT AND LICENSE is hereby issued to the applicant to enter upon and use a portion of the right-of-way of the Town of Fountain Hills. Revised 07/2010 DOHRMANN ARCHITECTS.INC. Arizona License No.29578 Licensed in Arizona,California,Colorado,Florida,Minnesota,Norch Carolina and Texas MEMO TO: FROM: RE.: DATE: Town of Fountain Hills Mark Dohrmann Gridley's of Fountain Hills Right-of-Way Encroachment Permit August 19,2014 *0. Architects &Planners 16716 E.Parkview Ave.,Suite,#203 Fountain Hills,Arizona 85268 U A08: *7 *Cvo Enclosed is an application for a Right-of-Way Encroachment Permit for Gridley's of Fountain Hills,located at 16830 East Avenue of the Fountains.The work for this project involves installation of ramps and steps to make all three of the entrances into the Gridley Building on Avenue of the Fountains handicapped accessible. The front face of the Gridley Building is located on the property line and the existing covered entrance roof and support posts are located in the public right-of-way. The installation of the new steps and ramps will take place within this area that is in the public right-of-way. This is a common situation on the Avenue of the Fountains where many of the older buildings have support posts and covered entries with steps and sidewalks in the right-of-way area.The work will not affect the decorative public sidewalk that is located between the entrance area and the street curb. Three sets of plans for the work are enclosed with this application.You are welcome to call our office ifyou have any questions about the work.Thank you Sincerely, Mark Dohrmann Enc. Tel:(480)816-1699 E-Mail:DohrmannArchitects@cox.net Cell Phone:(602)881-7004 DOHRMANN ARCHITECTS.INC. Arizona License No.29578 Licensed in Arizona,California,Colorado,Florida,Minnesota,North Carolina and Texas Architects &Planners 16716 E.Parkview Ave.,Suite,#203 Fountain Hills,Arizona 85268 GRIDLEY'S OF FOUNTAIN HILLS Tel:(480)816-1699 E-Mail:DohrmannArchitects@cox.net Cell Phone:(602)881 -7004 EXTERIORVIEUJ5iiiilDOHRMANNARCHITECTS,INC.III!;16716CanPaikviewAvenue, Suite 20J ::("ouniatnHilU.Aruona8S268TO.:*80816-I6W'FAX:480-816-5576::EMAIl:dohrmanfwchtteclvKo«.netMark t.Dohrmann,Architect::AMionaLlcemeMo.19V8WEBSITE:cohrmanrufchttectt.comADATEREVISIONSGridleysofFountainHills16830Ave.oftheFountainsFountainHills,Arizona85268DATE|cl-:c--:-SHEETNO.A3 v.C°T'Oi:NS-£-.-CAS?IN".ACE.-3-..-.;:/;:=--s••••••-Z~-vj~r.i;S=KH5O->CCl0S•'SO.I£W:ri-=£A5EEpr-:STEPDETAIL••1SOHt.LANDING/RAMPFOUNDATION-•CCKC,3CISTAIR AND RAMP DETAILSt-CAi=r.t-fLaoKj;.s?a:=«iireasviiiaiAsTHRESHOLDDETAIL:•MAXJ-VSO1ETAL.e!C<E-*-5=-CE*N£>TTOAl.CWA4'C'A.«<aTO"A45TYPICALSTAIRDETAILEXBT843PROPS?TYLMe(ZEROSeTBAOU-EX>S•SEES3ENTRYWAiKd®StHFSREMOVEDDEXSTiftTOSTTO3ERSKJfEDiREPLACECE"*7ED&SSIPEOIi<I.EXISIMG^FRClSCT=XSST-\5=J3UCEXISTttENTSVWALKANDSTEFS,--"t"EXISTINGPLANEXISTINGANDPROPOSEDPLANSM*H»-ft3_^:4sM-PROPOSEDPLANNSifCC\C.JA_<-CRS6&SLOPENCTTOEXCEED24NANTP'xHCTICsEXT-SDHANDRAILB'ATrepANDEOTTCTCFp»CMS"AiRANDSA"=SALEX7E\SC\30DECREESC=?CJSe.c=ENOT"0exceed»in-wP-izC'O.•teacc\c.&l<-CROSSfr-OPSNOTTCEXCEED2S\A\rDiREC'ICNI!!;;DOHRMANNARCHITECTS,INC.:••!•16716FauPadwlewAvenue,Suite?C3s fountainHltU,ArttoraW2t8TEL:460-816-1&99/ TAX:49C-A16-5526:: EMAIL:(WirmannirchltectsfStoxretMj'kF_Oohrma™,Architect::Arbor.*LKenieNo.ZW78WEBSITE:dohrmannarchtt«tl,<omADATEREVISIONSGridleysofFountainHills16830Ave.oftheFountainsFountainHills,Arizona85268®DATEI08-B-J0MSHEETMO.A1 •"<—,TT^--p"_EyELSLCf=E'."JM.'.X..-AZ/iNGSJ\FRONTELEVATIONsca.£ir•i-rHOCWANGETOEX'STiNGROC-i>5"EM=£DEGREERAIL\GExTENSCN3/eLRA^P.PSDEUJAK5lOPz•:!*•MAX.AP=ROX:^A"E..NECFExS*NGSCEUA_<--N3NCEXISTINGILOCDCORBE-ELCCXSTOREMAIN.RE-USEEX!ST.SEAMSTRAPSi\S"A„NEdik/i>RSUCODCOLUMNSfMAEXIST NGSIZE;.RE-JSEEXS"'NG°CSTEASEA^AC-^EVS.—,,,—.,—,•vG1/SCRi;.•'•!*NSCSTC^^ANEXS'!NG}V}ORS-NiC^VXUSTCS#V^NEX-S'NG[X/CRSANDJADOJUS~GREMAINfRAMPJPLE/i:»Ft!:'•MAX...A\"\GEAST -IUESTSECTIONscauir•;-^v\HZ/-'///LE'/ElRA"F-J>SDEwAL<5»(?=Ei=CMix.NEiU4'CONC.SLA5OVERfc"GRANULAR=^L-E'/E_.ANT>NGAPrROXMA'ElINE&EX:STNGS!CEUAL<••/'-?-*-1J!!!!DOHRMANNARCHITECTS,INCJ.:i:i:WUCWNflttUwAwm»,SJI«KB ::Farti*Mlu.AmoniIU«IjTIL:«!0-«l»CW»1fAS4J0-I1HH»::OttlU6ohri*HiMnHUcalaa.nK'Mr*I.Otmvr,UOtttxr.«row»ixtr»»KjmttWtBJTt:dom«MrckRKn.a>mAOATCREVISIONSGridleysofFountainHills16830Ave.oftheFountainsFountainHills,Arizona85268HDATE|c6.g.;S!4SHTETMO.A2---~ TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov Strategic Values:Economic Vitality Council Goal:EV4 Promote quality businesses REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of an ENCROACHMENT PERMIT APPLICATION submitted by Carolyn Redendo (Sofrita, LLC)for the purpose of extending the existing outdoor seating and dining area located in front of the restaurant an additional 150 sq ft +_on the public sidewalk at 16848 E.Avenue of the Fountains. Applicant:Carolyn Redendo Applicant Contact Information:9808 Sunrise Circle, Fountain Hills,AZ (480)816-5316 Property Location:Sofrita LLC,16848 E.Avenue of the Fountains Related Ordinance,Policy or Guiding Principle: Town of Fountain Hills Right-of-Way Encroachment Regulations Arizona Department of Liquor Licenses &Control Regulations US Dept of Justice ADA Regulations Staff Summary (background): The Town's zoning ordinances allow restaurant outdoor seating and dining areas in commercial zoning districts.When alcohol is served,a separating wall or fence is required unless the state's Liquor License specifically notes that they are not required.Extension of Premises permits are routinely considered by the Town Council. The Town's Right-of-Way Encroachment Permit process requires that anyone performing activities that block any portion of the public right-of-way must first receive a permit.The application process includes a detailed description of the nature of the encroachment,the duration of the encroachment,proof of insurance,and any methods to be employed to protect public safety during the activity.Encroachment Permit applications are routinely administered by staff. Town Council was originally asked to authorize the encroachment in October,2011.Council agreed at that time to grant the permit for a three month evaluation period.Subsequently,Council agreed to extend the Page 1 of 3 Sofrita Encroachment Permit -2013 encroachment permit in April,2012 with conditions and the requirement that Sofrita return for another review and extension inJanuary 2013. The 2013 permitwas then granted again with no requirementto return unless sufficient complaints were received to warrant another review. Sofrita restaurant has been utilizing portions of the public sidewalk in front of, and nearby, the restaurant for the purpose of an outdoor seating and dining area in front ofthe restaurant as well as a small performance area for flamenco dancers and similar entertainment under the nearby crosswalk shade structure. The outdoor dining area directly in front ofthe restaurant is requiredto have a 3'tall wrought iron fence around the dining area and is permanently affixed to the sidewalk.The fence has been located in such a manner as to provide proper ADA access in and around the area.This request is for an extension ofthe area (approximately 150 additional square feet) included in the existing Encroachment Permit. All activities on the public sidewalk are required to be arranged so as not to block pedestrians from passing through.These activities are currently beingconducted and staff has advised the applicantsthat they may only enlarge the fenced-in area ifTown Council approves the request. Staff has reviewed the permit extension proposal. Staff supports the enlargement of the area and believes such activities should be encouraged as they will help enhance the downtown business climate by attracting more residents to the area.However,staff has received complaints during the past year which should be addressed in order for the proposal to be approved. Complaints received as of this date are: 1.Access around the fenced dining area has occasionallybeen blocked bydogs tied to the outside ofthe fence and/or umbrellas overhanging the fence. 2. The "clear path"betweenthe fence and the curb,while meeting ADA requirements,is narrow and has caused inconveniences to more than one passerby. 3.ADA access within the enclosed area has occasionally been blocked when patrons move tables or chairs around. Risk Analysis (options or alternatives withimplications): Approval could potentially benefit the downtown business climate by continuing to attract more customers to the area.Approval will also most probably result in similar applications from other restaurants and retailers in the downtown area. Denial will require thatthe Sofrita restaurant maintain their existing fenced outdoor area within the public right- of-way. Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number): NA Funding Source:NA If Multiple Funds utilized,list here:NA Budgeted;if No,attach Budget Adjustment Form: NA Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s):Staff recommends that Town Council approve the increase in the existing Encroachment Permit area for the Sofrita restaurant subject to the applicant addressing the above-noted issues to the Council's satisfaction and the applicant's continuing agreement to abide by the permit's stipulations outlined intheir previous approvals. Page 2 of3 List Attachment(s): 1.Right-of-Way Encroachment Application (3 pgs) 2.Color Exhibits (3 pgs) Sofrita Encroachment Permit -2013 SUGGESTED MOTIONS (for Council use): Move to APPROVE the Encroachment Permit area extension for the Sofrita restaurant,located at 16848 E. Avenue of the Fountains as presented,subject to the applicant continuing to abide by the conditions of the existing permit. Prepared by: ^p6ert <Rgdgers Robert Rodgers,Senior Planne Dire ctorlsArjpr ova I: Paul Mooti,Development Services Director -W(^U£><^( Approyed: Ken Buchanan,Town Manager 9/8/2014 9/8/2014 9/9/2014 Page 3 of 3 Proposed new Extension of Premise limits APPROVE Subject to: Addressing the outdoor ADA Access requirements and any additional stipulations noted by the Town Council. Application Date: Permit No.E Town of FOUNTAIN HILLS Phone (480)816-5130 RIGHT-OF-WAY ENCROACHMENT PERMIT Expiration Date:fejMj4^e»r rfsc <Ncx tLinoatlw-from upplitatwird ate Applicant ;^^^U Contact CDCQNiQ fo^PvC) Address _\Ci)g"V^^£.A\Vs-^V^>^'^rsO 24-Hour Phone City,State,Zip 'VQjKo^CN \\A\3 All,V^Co'k Bond/Security Contractor Deposit Address Contractor City,State,Zip Licensed Town Bus.Lie #'<S\ol^State Tax # Project/Location/Parcel \(M\%Zj.M^^^gjOjCJ^^ Scope of Work and Schedule Insurance Expiration Date •tes£V^#*5$t«t^ •Trench U D Each • *Aiiy'Item left in the street overnight must have lighted barricades placed around it. PERMIT IS BEING REQUESTED FOR: •Roadways D Landscape •Drainage •Driveway •Utilities Jgf Other SSb*ru*4tj£ INSPECTOR Justin Weldv 602-721-2646 FEES: Base Fee Trench (Linear Feet) Pit (Square Feet) In Lieu Payments Other Fees Total Fees Other 50.00 ADDITIONAL TOWN REQUIREMENTS (INSPECTION LINE - 480-816-5198) The Town Engineering Department shall be notified 24 hourspriortostartingworkunder this permit,town inspector shall alsobe notified 24 hours priortoany backfill being placed,Failure to provide said notification will subject theworkto re-excavation,removal or replacement asmaybe required for Town inspection,at the permittee's expense.The permittee shalltake full responsibility forallwork done underthispermitandshall complete theworkina workmanlike manner, including cleanup,landscape restoration,restoration of right-of-way andrepairof damaged property.Notify Inspector 24hoursin advance when project isreadyfor punch list. **FaiInretoobtain an inspection beforecompletionmay result in additional feesand/or penalties** MUNIS App# Amount Paid: Date Paid:Method of Payment: Paid By: Check No. Official Use Only: Revised 07/2010 APPLICATION SUBMITTAL REQUIREMENTS 1.AU applicationsshall submit: • A roraptetedand sighedpermit form • 3 sets ofconstmction;plaris Additionally,all applicants except publicutilities shall have a Town of Fountain Hills Business (privilege)License andaStateContractors License. 2.When,road orlane closures are required during the work,three (3)sets ofTraffic Control Plans shall be submitted to iweldv@Jh.az.gov (including a name and phone number for 24-hpiit contact person),72 hours prior to planned start of work.No street or alley closures shall occur without written approval ofthe Traffic Control Plans. 3.Contractor is definedas that entitywhich will performthe work. If Subcontractors are to be used, applicantshall namethe subcontractor,address, office phone,24hourphone,contact,contractor license number,Town business license number,statetax number and certificate of insurance foreach. CONDITIONS OF PERMIT 1.All workto conformto MAG Specificationsand Detailsor as revisedbythe Town of Fountain Hills. 2.Traffic control for any work performed within the public right-of-way shall conform to the Manual of Uniform Traffic Control Devices. Maintenance of traffic controlshall bethe responsibility of the permittee.Shouldanydeficientbarricadingor signingoccur,andtheTownhasto correcttrafficcontrol,thepermitteewillbe assesseda feeper Townfeeschedule. 3. General liability insurance for minimum of $500,000 namingthe Town of Fountain Hills as an additional insuredand Statutory Workman's Compensation Insurance.The applicant shallbe responsible forall liability imposed bylawfor personal injury or property damage arising outof or related towork performed underthis permit or arising outof the failure on the applicant's partto perform itswork under thispermit If any claimfor such liability is made against the Town of Fountain Hills,its officers or employees,applicant shall defend,indemnify and hold them harmlessfromsuchclaim,includingclaimsallegingthenegligenceofthe Town,itsofficersandemployees. 4. Allworkshallbe thesoleexpenseof the applicantandshall bedone in sucha manneras to be least inconvenient and hazardous to vehicular or pedestrian traffic. 5. The proposed work shallbe located and constructed to the satisfaction ofthe Town Engineer or duly authorized representative. 6.THE TOWN ENGINEERING DEPARTMENT (480-816-5198)SHALL BE NOTIFIED 24 HOURS PRIOR TO STARTING WORK UNDER THIS PERMIT.The Town Engineer shallalsobe notified 24 hours prior to any backfill being placed. Failureto provide said notification willsubject the work to re-excavation,removal or replacement as may be required forTown inspection,at the permittee's expense.The permittee shall take full responsibility for all work doneunderthis permitand shall complete thework ina workmanlike manner,including cleanup,restoration of right-of-way and repairof damaged property. Notify Town of Fountain Hills inspector 24 hours in advance when the project is ready for punch list. 7. Theapplicant shall conform toall provisions ofthe Arizona Blue Stake Law,andshall call 1-800-STAKE-IT a minimum of48 hours prior toany work involving excavation. 8. Ifanyofthe right-of-way occupied and used by permittee is deemed tobe needed or required bythe Superintendent of Streets,this permit may be revoked bythe Town andall rights thereunder are hereby terminated and upon notice from the Townthe permittee shall immediately remove all propertyownedby permittee. 9. Excavatedor stored materialshall not be placed or storedon pavement,sidewalk,or traveled roadway surface unless specifically stated and approved on this permit. 10.Excavation within the roadway,and within 3 fe'et from pavement edges,shallbe recompacted toa minimum of 95%relative density (ASTM D- 698)within 2 feet ofthe bottom ofthepavement section and 90%below 2 feet.All excavation will require the permittee to pay for and furnish the Town with compaction tests.The minimum amount of test required will be 1 for every 2 feet of fill for lateral cuts,and one every 500 feet for every 2 feet of fill for longitudinal cuts.The minimum amount oftestrequired three feet beyond the pavement edge will be one every 500 feet. Compaction test results shall be submitted prior to finish asphalt being placed or finalizing permit.Non-shrink backfill may be placed in lieu of the above compaction requirements.Asphalt or aggregate base course thickness shall meet existing thickness,minimum 2"AC on6"ABC.A temporary patchofcoldmixwillbeallowed. 11.Payment andsubmittal of any additional testing requirements will bethe responsibility ofthe permittee. 12.In addition to the specific conditions of permit herein setforth,permittee shall be subject to and abide by all applicable provisions of Section 16 of the FountainHillsTown Codedealing with encroachment. 13.Notify Town of Fountain Hills StreetDepartment 48 hours in advance for removal,replacement or new installation of signs. 14.Lack of diligence in performing or protection of the work zone may result in cancellation of the permit,an administrative fee,and cost of restoration bythe Town and/ora misdemeanor (Town Code 16-1-12). 15.This permit will expire 6 months (180 days)from the application date.If the proposed work is not complete and inspection has not been performed,applicant will need to reapply for a new permit.Please initial that you have read and agree to the terms above. Initials AGREEMENT FOR AND IN CONSIDERATION ofthe granting ofthis permit forthe purpose set forth herein,the permittee hereby agrees, covenants and binds said Pennittee toall responsibilities,liabilities and demands of all applicable Town,State and Federal regulations and toall conditions set forth inthis permit. IN WITNESS WHEREOF THIS PERMIT HAS BEEN DULY SIGNED ON SIGNATURE OF APPLICANT AUTHORIZED SIGNATURE A PERMIT AND LICENSE is hereby issued to the applicant to enter upon and use a portion of the right-of-way of the Town of Fountain Hills. Revised 07/2010 \*>c•-,•• V^r SoScn „\-^~o P<^.OJic<~\ !^^\CXXsC<>& d^r I > 2 'fcirUL Area of expansion to be included in the Encroachment Permit TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Sonia Kukkola /Financial Services Technician (480)816-5136 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a LIQUOR LICENSE Extension of Premises/Patio Permit submitted by Carolyn Redendo,Owner/Agent of Sofrita located at 16848 Avenue of The Fountains,Fountain Hills AZ. Applicant:Carolyn Redendo Applicant Contact Information:480-816-5316 Property Location:16848 Avenue of The Fountains,Fountain Hills.AZ Related Ordinance,Policy or Guiding Principle:A.R.S.§4-201;4-202;4-203 &4-205 and R19-1-102 and R19-1-311. Staff Summary (background):The purpose of this item is to obtain Council's recommendation regarding a liquor license application Extension of Premises/Patio Permit submitted by Carolyn Redendo,owner/agent of Sofrita submission to the Arizona Department of Liquor.The application was reviewed by staff for compliance with Town ordinances.Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front page of the application and staffs'recommendation SUGGESTED MOTION (for council use):Move to approve the LIQUOR LICENSE Application Extension of Premises/Patio Premit submitted by Carolyn Redendo Owner/Agent of Sofrita. Page 1 of 2 Prepared by: Sonia Kukkola,Financial Services Technician 9/9/2014 Director's Approval?; Craig Rudolp/ty,Finance Direc/or f Approved:^—x Ken Buchanan,Town Manaanager ?/?//'/ 9/972014 9/9/2014 Page2 of 2 1. 2. 3. 4. 5. 6. ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5th Floor 1-08-14 P:i :08 IN Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 Date payment received / I <$7 I I CSR lnitial^j^>yyP *#-,^CA APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR Permanent change of area of service.A non-refundable $50 fee willapply.Specific purpose for change: I ITemporary change for date(s)of:/ /through / /List specific purpose for change:_ Licensee's Name:A^te^o Mailing Addr H,^oTx^Q^c^^C^cs WW?A^TgPQX H&L& Business Name: Business Address:M^fe >^.^V^O^&^fo^Cftfs \^\VMy>capX Ap'STOk ZSMo% Business Phone:f^)%^S^ So^cAcx.City State Zip LICENSE #:SG ^HCcM _city ^ Do you understand Arizona Liquor Laws and Regulations?]2 YES •N 7.Have you received approved Liquor Law Training?Q NO £<l YES If so,when does your Certificate expire?/ / 8.What security precautions will be taken to prevent liquor violations in the extended area?5>V^ft <L&°Csft ^^^QC^&ptQu3o^- 9.Does this extension bring your premises within 300 feet ofa church or school?H]YES £<|NO 10.IMPORTANT:ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. I ~|Barrier Exemption:an exception tothe requirement of barriers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted based on public safety,pedestrian traffic,and other factors unique to a licensed premises. List specific reasons for exemption: Investigation Recommendation I IApproval I (Disapproval by:Date:/ / ****After completing sections 1-10,please take this application to your local Board of Supervisors,CityCouncilor Designatefor their recommendation. This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,CityCouncil or Designate: (Authorized Signature) V iPrint fi ill namo^(Print full name) under penalty of perjury,that Iam the APPLICANT making the foregoing application.I have read this application and the contents and allstatements are true,correctand complete.A -*/)State of fl /-/2-4 *+—County of /V/d --->"-"v SUBSCRIBED IN MY PRESENCE AND SWORN TO before nie this date My com mi Investigate Director Signature required for Disapprovals 1/7/2014 *Disabled individuals requiring special accommodation,please call the Department(602)542-9027. -/^Signature of Owner or Agent) Notary Public -State of Arizona MARICOPA COUNTY eMtiSffoTl &'fipproV&&w (Title)(Agency) being first duly sworn upon oath,hereby depose,swear and declare, /A^L TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO:t as applicable) »Streets Division • Fire Department •Building Division »Community Services »Development Services Law Enforcement »Licensing DATE:08/19/14 FR:Sonia Kukkola,RE:Liquor License Application F"inancial Service Technician Attached isan Extension of Premises/Patio Permit Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with orwithout stipulations)or denial. If staffs recommendation is to deny and/orthereare stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council fortheir considerationofthis application. Name of Organization:Sofritas 16848 Ave of the Fountains Applicant:Carolyn Redendo Date(s) of Event:N/A Date Application Received:08/18/14 Town Council Agenda Date:09/04/14 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin fr Development Services Bob Rodgers % Fire Department Dave Ott pp Law Enforcement David Letourneau X Licensing Sonia Kukkola xJJLiU^-- Street Department Ken Kurth ^^ Attach report for denial or any recommendation requiring stipulations. °o e <J7 C Or r (/I (r 2 -X^SY O^vT'O ?T n Q x&sy o«^>\^ TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Sonia Kukkola /Financial Services Technician (480)816-5136 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a LIQUOR LICENSE Extension of Premises/Patio Permit submitted by Darvel Hansen, representative of The Club located at 17005 E Enterprise Dr, Fountain Hills AZ. Applicant:Darvel Hansen Applicant Contact Information:480-837-3375 Property Location:17005 E.Enterprise Dr,Fountain Hills.AZ Related Ordinance,Policy or Guiding Principle:A.R.S.§4-201;4-202;4-203 &4-205 and R19-1-102 and R19-1-311. Staff Summary (background):The purpose of this item is to obtain Council's recommendation regarding a liquor license application Extension of Premises/Patio Permit submitted by Darvel Hansen,representative of The Club submission to the Arizona Department of Liquor.The application was reviewed by staff for compliance with Town ordinances.Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front page of the application and staffs'recommendation SUGGESTED MOTION (for Council use):Move to approve the consent agenda.(LIQUOR LICENSE Application Extension of Premises/Patio Premit submitted by Darvel Hansen,representative of The Club) Page 1 of 2 Prepared by: Sonia Kukkola,Financial Services Technician 9/9/2014 Directors Approved: i/Finance Director /Craig Rudolph/Finance Director /9/9/2014 Approved:^-\/"p Ken Buchanan,Town Manager 9/9/2014 Pase 2 of2 Utf-jy-14 K I v:40 ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 Date payment received CSR Initiate Mil APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR P^|Permanent change of area of service.Anon-refundable $50 fee will apply.Specific purpose for change: /Temporary change for date(s)oftio /3 Z2014 through 10 /5 /2014 |jst specific purpose for change:outside Tail gate in parking lot. 1.Licensee's Name:Hansen 2.Mailing Address:iscmse.sierra Madfe Last 3.Business Name:The ciub 4.Business Address:17005 E.Enterprise Dr. Fountain Hills City Fountain Hills City Darvel First Maricopa 85268-1604 State LICENSE #:_i4073036_ AZ 85268 K Middle Zip COUNTY State Zip Residence Phone:5.Business Phone: (480 )837-3375 6.Do you understand Arizona Liquor Laws and Regulations?__YES _]NO Email: 7.Have you received approved Liquor Law Training?g]NO Q YES If so,when does your Certificate expire?2 /9 /2016 8. What security precautions will be taken to prevent liquor violations in the extended area?Board members 10 monitor (4)an aicohoi consummation. 9.Does this extension bring your premises within 300 feet ofa church or school?jH YES H]NO 10.IMPORTANT:ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. Barrier Exemption:an exception tothe requirement of barriers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted basedon public safety,pedestrian traffic,andother factors unique toa licensed premises. List Specific reasons for exemption.'Parking lot area is in the front of the building and there is 10 ft wide border between the parking lot and the street Investigation Recommendation LJ Approval EH Disapproval by:Date:/ / ****After completing sections 1-10,please take this applicationto your local BoardofSupervisors,City Council or Designatefortheir recommendation. This recommendation is not binding on the Department of Liquor. This change in premisesis RECOMMENDED bythe local Board of Supervisors,City Council or Designate: (Authorized Signature)(Title)(Agency) i.&____£&fyAA>f£*/ (Print full name) under/penalty of perjury,that Iam the APPLICANT making the foregoing application.Ihave read this application and the contents and aU statements are^roe.correct apd complete.f\//\\a Stateof HQlMW^O. ^County of//77 (LAJL(U!-iL<!k ) .,being first duly sworn upon oath,hereby depose,swear and declare, me tms datSUBSCRIBEDIN MY PRESENCE AND SWORN TOFefore me trfis date (Signature of Ov/ner or Agent) My commission expires on ,NCYA. WALTER iy£tfDlic-State ofArizona —1> MARICOPA COUNTY iO£ (Signature of NOTARY PUBLIC) My Commission Exoires Jan.1,2016 Investigation Recommendation Approval Disapproval by: DirectorSignature required for Disapprovals 1/7/2014 *Disabled individuals requiringspecial accommodation,pleasecallthe Departmenl(602)542-9027. Date: Date: / / / / 1,7005 E Enterprise Dr - Google Maps ep*0£Q fr$£fr Page 1 of 1 Map data ©2014 Google 20 ft htlps://www.googlexom/maps/place/17005+E+Enterprise+Dr,+Fountain+Hills,+AZ+85268/@33.5956943,-l 11....9/8/2014 17005EEnterpriseDr -GoogleMapsPage1of2https://wvvw.google.com/maps/place/17005+E+Enterprise+Dr,+Fountain+Hills,+AZ+85268/@33.5956943,-l11.7135484,45m/data=!3ml!le3!4m2!3ml !ls0... 9/8/2014 To the Town of Fountain Hills September 10,2014 RE:Request for approval of extended premises for Tail Gate Party in our Parking Lot As our parking lot is very small (11 spaces),most cars are parked in the street for any Monday Night Dinner or social event.All cars will be parked legally along Enterprise and that the EXTRA cars not parked in our lot will not have a significant impact on the street parking.We expect 45 to 50 cars in total, INCLUDING those not parked in our modest parking lot.Other than the AMVET place down the street, there is essentially no active on-street commercial parking as almost all the businesses have larger parking lots than we do and much of the commercial space is currently vacant and our event will take place on a Saturday. Any Handicap Parking will be taken care of alongside of our building. The Mens Club TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO:(as applicable) •Streets Division • Fire Department •Building Division •Community Services •Development Services •Law Enforcement •Licensing DATE:09/9/14 FR:Sonia Kukkola, Financial Service Technician RE:Liquor License Application Attached is an Extension of Premises/Patio Permit Application for staff review. Reviewthe application,then sign, indicating staffs recommendation for approval (with or without stipulations) or denial. If staff's recommendation isto deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Councilfor their consideration of this application. Name of Organization:The Club,17005 E.Enterprise Dr,Fountain Hills AZ Applicant:Darvel Hansen Date(s)of Event:N/A DateApplication Received:09/08/14 Town Council Agenda Date:09/04/14 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott X Law Enforcement David Letourneau X Licensing Sonia Kukkola X Street Department Ken Kurth X Attach reportfor denial or any recommendation requiring stipulations. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner rrodgers@fh.az.com 480-816-5138 Strategic Planning Goal:Civility Operational Priority: CR2/CR3 Use citizen talent and foster volunteerism REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of appointing FOUR (4)Planning and Zoning Commissioners to fill four vacant seats on the Commission with terms beginning October 1,2014 and ending September 30,2016. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:Council Rules of Procedure Staff Summary (background):On September 15,2014,the Town Council Executive Subcommittee interviewed one (4)applicants requesting consideration to be appointed to serve on the Town of Fountain Hills Planning and Zoning Commission.Two applicants are currently serving and are seeking another term.The remaining applicants will be newly appointed for their first terms.The appointed applicants will serve a term beginning October 1,2014 until September 30,2016. A public notice was published in the "Times of Fountain Hills" on August 6,2014 and August 13,2014, requesting applicants to submit the necessary paperwork for Town Council's consideration.Applications were also requested through postings in the Community Center,outside on the Town Hall Community Board,and the Town's web site. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here:N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):Subcommittee recommendation will be provided separately. Page 1 of 2 Staff Recommendation(s):Move to appoint one (1)Planning and Zoning Commissioner. List Attachment(s):N/A SUGGESTED MOTION (for Council use): Move to appoint to serve on the Town of Fountain Hills Planning and Zoning Commission for a 2-year term beginning October 1,2014 until September 30,2016. Prepared by: dgers,Senior Planner 9/9/2014 Director's Approval: 5aul Mood,Development Services Director 9/9/2014 Approved: Buchanan,Town IVIanaqer o»^o>^--_ 9/10/2014 Page 2 of2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,480-81-5135 or rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of a SPECIAL EVENT APPLICATION and CO- SPONSORSHIP for the 2014 Oktoberfest presented by the Southwest German Society, Sons of AMVETS, and Fountain Hills Elks Lodge #2846 to be held in Fountain Park on September 26-27,2014. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Samuel Coffee, representing the Sons of AMVETS Squadron #7, for the purpose of a fundraiser in conjunction with the 2014 Oktoberfest. The event is scheduled for Friday and Saturday,September 26-27, 2014, from 5:00-10:00 p.m., at Fountain Park. Applicant:Samuel Coffee,Sc-.r of AMVETS Applicant Contact Information:17030 E.Enterprise Dr,Fountian Hills A2,85268,480-837-9934 Property Location:Fountain Park Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):In its 7!h year,the 2014 Oktoberfest will be held on Friday and Saturday, September 26-27, at Fountain Park. This year's celebration is a collaboration between the Town, the Southwest German Society,Sons of AMVETS,and the Fountain Hills Elks Lodge #2846.Proceeds from the event will benefit the organizations and their various charities.The event will include German food and beer, live entertainment,and kids bouncers and activities.Admission to the event is $5 for guests over 12 year of age. The purpose ofthis item is to obtain Council's approval of the special event application and co-spsonsorship by the Town. An additional approval is also sought for the special event liquor license application submitted by Samuel Coffee (Sons of AMVETS)for submission to the Arizona Department of Liquor.The special event applicationand the special event liquorlicense application were reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of both applications as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: Page 1 of 2 Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s): List Attachment(s):Special Event Application,IRS Statement,Co-Sponosrhsip Letter, Special Event Liquor License Application and map. SUGGESTED MOTION (for council use):Move to approve the Special Event Application and Co-sponsorship. Move to approve the Special Event Liquor License as presented. Prepared 'a\ Rachael Goodwin,Recreation Supervisor Director's Approval: k^-Q.s,C.H\Mark Mayer,Community Services Directo Approved: %*1 .Ken BuchanariTTown MariSSar 9/4/2014 9/4/2014 9/4/2014 Page 2 of2 To: Ken Buchanan,Town of Fountain Hills,Arizona From:Sam Coffee AMVETS POST #7 -7th Annual Fountain Hills Oktoberfest Re:Co-Sponsorship of Event September 1 2014 Good Afternoon Ken: The 7th annual Oktoberfest is planned for September 26 and 27 2014 in Fountain Park. The Fountain Hills Oktoberfest is structured as a volunteer sponsored event in partnership with the Town of Fountain Hills,AMVETS Post # 7 and ELKS Lodge #2846.Proceeds from the event will be dedicated to Veterans causes,Children's Christmas shopping spree and Student Exchange programs at the High school. Oktoberfest is a popular communityevent with a rich tradition that originated in 1810 in Germany whereitis still celebratedat the same location.Theeventattracts manyresidentsand also draws thousands from around the valley. Itis one of the few Oktoberfests inthe valley that celebrates the 200 year old tradition with a band flown in from Germanyas well as offering food choices locally prepared according to German recipes. Asa partner,we ask foryour consideration toco-sponsor with us again thisyear.And,as a co- sponsor we ask with great appreciationforthe following support from the Town. 1.Use of Park with consideration of fee waiver 2. The Town'svolunteer organization to supplement volunteer efforts by the organizers 3. Use ofthe community center to perform volunteer training on Monday 9/22 4. The support from the staffofthe Parks department as needed,including a trash dumpster. 5.Staff support to assist with logistics placement 6. Support with press release communicationto valleywide PR contacts 7.Consideration forapprovalto solicit sponsorships to helpdefraysome ofthe logistical costs including butnot limited to security,fencing and inflatables etc.(This may now bea mute point - due to the new ruling that put these on holdfor clarification.) The Insurance application is in the works and will be submitted when received. We sincerely apologize for the late submission ofthe application which isduetoa learning curve after staff transition and new regulations.We hope that due consideration and approval may still be given to the event this year. Sincerely, Sam Coffee,AMVETS Post # 7 ,,MMDateofApplicati Town of Fountain Hills Special Event Application OVERVIEW Event Name:fH-Ol^Tofee^isf 31u Descriptscription of Event:f AtlA j^H <[£££j [~fo g2)jtvjj £l O j^^Cnt^T/w^h*£N APPLICANT INFORMATION Name: SIT INFORMATION xj J (a Phone: EVENT INFORMATION Event Location: Events Day(s):°f ^k SJ2J Address:/7C ^g £ b A^C /fo 6< ^f> Email: Nature of Event (dance performance,concert,festival): Estimated Attendance:Jf_°00 Event Time(s):o ~/ i 4>Tw is based on?f^ T f l^^ P^What is th Sponsors:U//\(L^jg /iM -j /"L^ Details: •Tents or Canopies •Portable Restrooms •Alcohol •Food Vendors •Merchandise Vendors Yes Yesg| Yes$ Yes NoD NoD NoD NoD Yes $j NoD •Trash/Recycling \'i Yes-U'NoD- •Electricity/Generators Yes0 NoD •Temporary Lighting YesfZl NoD •Inflatables Yes0 NoD •Signs/Banners Yes[^NoD •Parking at Event YesD No Q ") •Amplified Sound Yes El NoD •Fireworks YesD No [2] Vendor: Vendor: Ifyes,provide additional page with details,along with liquor application. Special Event (Series 15)Q Wine Festival/Wine Fair (Series 16)[ | Ifyes,provide additional page with vendor name,contact name,phone,email, Fountain Hills Business License #,and Arizona Sales Tax/TPT #;vendors also must have proper permits from Maricopa County Environmental Health Ifyes,provide additional page with vendor name,contact name,phone,email, Founiejn Hills Business Licensed,and Arizona Sales Tax/TPT # •Vendor:\(IG £VlA | v j Vendor:fd'O £W\ Vendor Vendor: ;PJTW g W i ClG % ir\A^ Ifyes,provide additional pages with site map,town map,and legend showing sign location,size,and text Where:•y T\L££ f Public Parking \_]Private Parking (attach permission from property owner)[\ Vendor or Performer:p~Q Ln U>~> Vendor: STREETS/TRAFFIC Street Closures Yes O No [a]If yes,have you included a barricading plan?Yes Q No Qf •Streets: Days:Times: PUBLIC SAFETY Law Enforcement •Will security be required?>Yes (Jj.No Q If yes,has security been contracted/scheduled?Yes Hxj No 1 I MCSO Deputies/Posse [£]Private Security D Contact:[L&£ft /Kl—^/^I^Zfy0™''^f£®.ISL /^~^>IZr •Will officers be needed for traffic control?Yes Q No [vj If yes,provide additional pages with site map,town map showing location(s) Emergency Medical Services • Has the Fountain HillsFire Department been notified of the event? •Will FHFD be on-site?Yes D No D Yes DnoB CERTIFICATION I hereby certify that (i) the information provided relating to this application is true, correct and complete to the best of my knowledge and (ii)I am authorized to execute this application. On behalf of myself and anyone who is related to or associated with the special event (each, a "Responsible Party"),I hereby release and hold harmless the Town of Fountain Hills for, from and against any and all claims arising out of the Special Event. To the fullest extent permitted by law,the Responsible Partiesshall indemnify, defend and hold harmless the Town and each Council Member, officer, employee or agent thereof (each, an "IndemnifiedParty"),for, from and against any and all losses,claims,damages,liabilities,costs and expenses (including,reasonable attorneys' fees, and costs) to which any such Indemnified Partymay become subject,under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate tothe soecia^event.I,hereby acknowledge that all transactions in the course ofthe special event are subject to any applicable Town,county and/orstate sales tax and assujance/fjiat all event participants shall be notified regarding sales tax regulations./j / ^Applicant/Signature''/Date/ / \y DEPARTMENTAL REVIEW Town Clerk Approve Disapprove Date Name and title •s •m±_/)/v^yia) Signature/Initials 2TO Comments: m^L(?jz 0 Community Services • Comments: Streets &Medians •9 tfUrt-fi&Ji Comments: Planning &Zoning ~w •7/g^i /for^£,i &§» Comments:-SoitZecX'7Z>s»j"W4^-S'^*}+£f*0ry&*fr 1FireMarshal •77ftA/1 /&. Comments: MCSO •E/4 YiCSO Comments: RECOMMENDED ACTION Administrative Action Approved Denied Date Name and title Signature/Initials Event Status p •?'?/</&M d JUCVfUM*>^& Comments: Town Council Action Approved Denied Meeting Date Mayor Signature Date Event Status •• Comments: ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 WWashington 5th Floor Phoenix,Arizona 85007-2934 (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§44-6852) NOTE:THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. "Application must be approved by local government before submission to Department of Liquor Licenses and Control.(Section #20) 1.Name of Organization:Sons of amvets squadron no.7 DLLC USE ONLY LICENSE # 2.Non-Profit/I.R.S.Tax Exempt Number:26-2901169 3.The organization is a:(check one box only) •Charitable \7\Fraternal (musthave regular membership and in existence for over5 years) •Civic Q Religious •Political Party,Ballot Measure,or Campaign Committee 4.What is the purpose of this event?13 on-site consumption •off-site consumption (auction)•both Oktoberfest Celebration 5.Location Of the event:12925 N.Saguaro Blvd.Fountain Hills Maricopa 85268 Address ofphysicallocation(NotP.O.Box)City County Zip Applicant must be a member of the qualifvinq organization and authorized bv an Officer,Director or Chairperson of the Organization named in Question #1.(Signature required in section #18) 6.Applicant:Coffee samuei d Last First Middle Date of Birth 7.Applicant's Mailing Address:17030 E Enterprise Dr Fountain Hills AZ 85268 Street City State Zip 8. Phone Numbers:("eo )837-9934 (4so )216-8238 ( o ) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: September 2011 Site Owner #Applicant's Business #Applicant'sHome# 9.Date(s)&Hours of Event:(see A.R.S.4-244(15)and (17)for legal hours of service) Date Day of Week Hours from A.M./P.M.ToAM./P.M. 09/26/2013 Friday 05:00 P.M.10:00 P.M. 09/27/2013 Saturday 05:00 P.M.10:00 P.M. *Disabled individuals requiring special accommodations,please call (602) 542-9027 10.Has the applicant been convicted of a felony in the past five years,or had a liquor license revoked? •YES [7]NO (attach explanation if yes) 2-"^11.This organization has been issued a special event license for ^-~oays this year, includingthis event (not to exceed 10 days per year). 12.Is the organization using the services ofa promoter or other person to manage the event?Q YES [7]NO If yes,attach a copy of the agreement. 13.Listall people and organizations who will receive the proceeds.Account for 100%of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Sons ofAMVETS Squadron No7 100 Percentage Addr00?1703°E Enterprise Dr.Fountain Hills,AZ 85268 Name Percentage Address — (Attach additional sheet if necessary) 14.Knowledge ofArizonaState Liquor Laws Title 4 is important to prevent liquor law violations.If you have any questions regarding the law or this application,please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15.What security and control measures willyou take to prevent violations of state liquor laws at this event? (Listtype and number of security/police personnel and type of fencing or control barriers ifapplicable) 1 #Police [/[Fencing #Security personnel \7\Barriers The perimeter with 4 ft high orange plastic fencing.There will be two entrances that will have security provided by Pro-Em. They will check ID's and install wrist bands on all people who are allowed alcohol. No person willbe allowed to purchase or consume alcohol without a band. Maricopa Sheriffs Deputies and Posse members willbe on site to help maintain security 16.Is therean existing liquor license at the location wherethe special eventis being held?Q YES \7\NO Ifyes,does the existing business agree to suspend their liquor license during the time period,and in thearea in which the special event license will be in use?Q YES Q NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell,dispense,or serve spirituous liquors under the provisions of your license.The following page is to be used to prepare a diagram of your special event licensed premises.Please show dimensions,serving areas,fencing,barricades or other control measures and security positions. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram:(Show dimensions,serving areas,and label type of enclosure and security positions) NOTE:Show nearest cross streets,highway,or road if location doesn't have an address. Legend: B =Beer Tent S =Security Station PERFORMANCE PAD t THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER,DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 •i o I David Pappas ap X declare thai Iam an Officer/Director/Chairperson appointing the (Print full name) nt listed in Question 6. to apply on behalf of the foregoing organization fora Special Event LiquorLicense. (Signature SHERRI CHRISTIANSEN Notary Public -State omrcwur' MARICOPA COUNTY WJy Cornrntce^-fi Expires Hwemter ?£,2017 Director (Title/Position) s/23$£j2£&2£^County of The foregoing instrument was acknowledged JSefbre me this ^ ^2^~/j*yH ( (Date)(Phone /,') ^/;/;/< My Commission expires on: THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 Samuel DCoffee declare that Iam the APPLICANT filing this application as19.I the application and the contents and all statements are true, correct and complete. SHERRI CHRISTIANSEN Notary Pufcfc -StateofArizona MARICC>PACCUmX/•?<—""issiorA/exfeif,es-_Qr&j*regr "./.J , Noymbf20,2017 (pa q\ S.aeof f^/'s'/.^Tisus?'x^.County of /^Z^^-/^^ The foregojnjfThstrument was acknowledged before me this S You must obtain local government approval.City or County MUST recommend event and complete item #20. The local governing body may reguire additional applications to be completed and submitted 60 days in advance of the event.Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20.hereby recommend this special event application (Government Official)(Title) on behalf of (City, Town or County)(Signature of OFFICIAL)(Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee)(Date) U APPROVED U DISAPPROVED BY: iliileX (Pate) internal Revenue Service Department of the Treasury P.O.Box 2508 Cincinnati,OH 45201 Date:November 28,2001 Person to Contact: Richard Owens 31-00913 Customer Service Representative American Veterans of World War II Toll Free Telephone Number Korea and Vietnam 8:00 AM.to 9:30 p.m.est 4647 Forbes Blvd.877-829-5500 Lanham,MD 20706-4356 Fax Number: 513-263-3756 Federal Identification Number 53-0176836 Dear Sir or Madam: This is in response to your request for a copy of your organization's group exemption letter. We issued a determination letter in May 1945,which recognized your organization as exempt from federal income tax under section 501(c)(19)of the Internal Revenue Code. Based on the information supplied,we also recognized your organization's named subordinates as exempt from federal income tax under section 501(c)(19)of the Code. Your organization and each of its subordinates are required to file Form 990,Return of Organization Exempt from Income Tax,only if the gross receipts each year are normally more than $25,000.If a return is required,it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period.The law imposes a penalty of $10 a day, up to a maximum of $5,000,when a return is filed late,unless there is reasonable cause for the delay. Unless specifically excepted,your organization and its subordinates are liable for taxes under the Federal Insurance Contributions Act (social security taxes)on remuneration of $100 or more paid to each of its employees during a calendar year.Your organization and its subordinates are also liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). This determination is based on your organization's representation that at least 75 percent of its members are past or present members of the Armed Forces of the United States defined under section 501(c)(19)of the Code.Itis also based on the representation that substantially all of the other members,if any,are individuals who are cadets,or are spouses,widows,or widowers of past or present members of the Armed Forces of the United States or of cadets. Based on your organization's representation that at least 90 percent of its members are war veterans and that it is organized and operated primarily for purposes consistent with its current status as a war veterans organization,donors can deduct contributions made to or for the use of your organization. American Veterans of World War-II Korea and Vietnam 53-0176836 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code.If an organization is subject to this tax, it must filean income tax return on Form 990-T,Exempt Organization Business Income Tax Return.In this letter,we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Each year,at least 90 days.before the end of your organization's annual accounting period, please send these items to the internal Revenue Service Center at theaddress shown below: 1. A statement describing any changes during the year in the purposes,character,or method of operation of your organization's subordinates; 2. A list showing the names,mailing addresses (including Postal ZIP Codes),actual addresses if different,and Employer identification Numbers of subordinates that since the previous report: a.Changed names or addresses; b.Were deleted from the roster;or c.Were added to the roster. 3.For subordinates to be added,attach: a.A statement that the information on which the present group exemption letter is based applies to the new subordinates; b. A statement that each has given your organization written authorization to add its name to the roster; c. A list of those to which the Service previously issued exemption rulings or determination letters; d.The street address of subordinates where the mailing address is a P.O.Box; and 4.If applicable,a statement that the group exemption roster did not change since the previous report. -3- American Veterans of World War-II Korea and Vietnam 53-0176836 The above information should be sent to the following address: Internal Revenue Service Center Attn:Entity Control Unit Ogden,UT 84409 The law requires youto make your organization's annual return available for public inspection without charge for three yearsafterthe due date of the return.If your organization had a copy of its application for recognition of exemption on July 15,1987,itisalso required to make available for public inspection a copy of the exemption application,any supporting documents and the exemption letterto any individual who requests such documents in person or in writing.You can charge onlya reasonable fee for reproduction and actual postage costs for the copied materials.The lawdoes not require you to providecopies of publicinspection documents that are widely available,such as by posting them on the Internet (World Wide Web). You may be liablefora penalty of $20 a day foreach day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Your organization's Group Exemption Number is 0838. If youhave any questions, please call us at the telephone number shown inthe heading ofthis letter. Sincerely, John E.Ricketts,Director,TE/GE Customer Account Services TOWN OF FOUNTAIN HILLS AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,480-816-5135 or rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):PRESENTATION AND DISCUSSION of the TOURISM PROGRAM WITH POSSIBLE DIRECTION TO STAFF regarding moving forward with the MARKETING AND PROMOTIONAL STRATEGIES. Applicant:Rachael Goodwin Applicant Contact Information:16705 Avenue of the Fountains,Fountain Hills AZ,85268 Property Location:N/A Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):Staff intends to provide an update on the tourism initiative with an outlook on next steps.Since the April 2014 presentation,staff has made progress on the goals outlined at that time and looks to update the council on the direction of the program.This presentation will include a preview of the new marketing campaign,a newly designed print campaign,website re-development updates,social media forecasts,and future marketing efforts. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Staff recommends proceeding with the promotional efforts to increase the visibility of Fountain Hills in the tourism industry List Attachment(s):Tourism power-point presentation. SUGGESTED MOTION (for council use):Move to direct staff to proceed with the tourism and marketing initiatives as presented. Page 1 of 2 Prepared bjt 9/9/2014 Director's Approval: Mark Mayer,Community Services Director Y 9/S/2014 Approted:£"\ Ken Buchanan,Town Manager Paue2of2 Town of Fountain Hills TOURISM UPDATE SEPTEMBER 18,2014 ;X2><^A7^/<^<^ fountain!hills Visit I Play |Stay A picture is worth 1000 words WHAT DOI-S 9/9/2014 Creation of our identity o "Experience Fountain Hills" Creation of our analytical database Strengthened partnership with Fort McDowell Distribution of our collateral o i.e.Visitors Guide and Dining Guide Promotion of our calendar of events 9/9/2014 Budget Inventory Management Visitors Guide INFOX $6,000 Airport Advertising Alliance Airport Marketing $2,580 Website Support IDSTechnology Marketing $10,000 Print Media Campaigns TBD $10,000 , Surveys & Evaluations T3D $2,000 Printing TBD $11,000 Staff (Interns)TBD $11,520 TOTAL $59,700 Inventory Management Visitors Guide INFOX $6,000 Airport Advertising Alliance Airport Marketing $3,000 Website Support Falling Up Media $6,000 Print Media Campaigns TBD $10,000 Surveys & Evaluations TBD $2,000 Printing TBD $11,000 Staff TBD $14,560 TOTAL $52,560 ^1 •Strategic Marketing Strategy and Message •Stake Holder Development •Marketing &Advertising •Analytics •Surveys •Contracted with a photographer •Contracted with a graphic designer •Redesigned our print ads •Redesigning our website o Mobile friendly •Taking inventory of our collateral o Dining guides o Visitors guides o Poised for expansion into new publications What has happened since Here is a look at what has developed in the tourism program since our update in April. i 9/9/2014 FIND YOUR FOUNTAIN! What is our new marketing eampaign and what does it highlight? New marketing message o FIND YOUR FOUNTAIN The 4 F's o FUN o FRESH o FAMILY o FAST Adventure isn't one size fits all! Come find yours in Fountain Hills and gain a fresh perspective on what it means to live for the weekend.#fmdyourfountain /S\ •Fort McDowell Yavapai Nation •Arizona Office of Tourism •Scottsdale CVB &Phoenix CVB •Local o Hoteliers o Restaurants o Golf Courses o Adventure/Reereation Stake Holders Who arc our stake holders and what are |we doingtofostera relationship with them? | 9/9/2014 Print Advertising Take a look at our new print ad. fountainihills Adventure Isn't one size fits all! Come find yours in Fountain Hills and gain a fresh perspective on what it means to live for the weekend. QfKrtookxonvtiprfcnafeunairMni ^•iiiii ii n//uwtanoiroirtitnMiuro ttfindyourfountaln 9/9/2014 Tourism Website AT&T T 11:10 AM 1 •tOHM experiencefountainhills.org C Mobile Friendly AI4I f 11:19 AM -f '79H«I clients.tallingupmedia.com C fountain tftlln fHaT! — play the COURSE(s) th CD (3 9/9/2014 Online rules the world This pieture captured more attention online than any other photo we have ever posted. 115Likes 38 Shares Seen by 1050 people All of this was accomplished in less than 3 weeks m Experience Founuln Hills .•cover pholo Posiec t:,1 \* Ore ol the reasons I like Fountain Mils.Aruona Like Reply «S1 August18 aMSSam Gofgeous Unlike Reply ti I August IS at S30pm I love Fountain HMIHII Unlike Reply «51 I Cve that lounta n. Uke Reply -'• ,usl 28 m 7 4?pm BaauMul pholo. Jell Kwart or! Like Reply 19 Oejum Beautiful pnoto! *Lke Reel/ Can this be Bought as a print?? Lke Reply *it2?at348om 9/9/2014 Analytics APRIL Facebook Insights:Snapshot Total Likes •New Likes ?People Talking About This ? Weekly Total Reach ? 1,375 16 N/A 343 "T 0.9%1 this metric a no loiiy.-i supported m"170.1 % by Facebook AUGUST Facebook Insights :Snapshot Total Likes 'New Likes People Talking About This '' Weekly Tolal Reach ? 1,734 324 N/A 6,963 •#•22.1%10 /g)upported "b*1268% •hook Surveys How do we know that wc are being effective? iPad surveying! o Offline data capture o How did you hear about us?! o Where are you visiting from? *Survey given at every event o Analytical quantification of results *Dollars well spent *Where to focus future advertising *Capture preferences for future events, programs,etc. 9/9/2014 /S\ • Continuingour marketing efforts,welook to expand into the following medias/publications: o Continued advertising on Facebook o Online advertising with Trip Advisor o Ad placements with Phoenix Magazine o Listings with the Arizona Office of Tourism guides •Have a larger,more visible presence at events o Increased tabling at events,featuring new signage o Distribution of newly designed collateral o Interacting with the public by putting faces to this new program •Create new industry relations! o Stakeholder meetingsto create and discuss common goals and initiatives o Outreach to neighboring CVB's o Visiting local businesses and interacting with business owners promoting this program Where do we go from here? 1 (§x§5tripadvisor ^^TRAVELERS' V^2012 THE BEST DESTINATIONS ARIZONA GRAND CANYON STATE PHOENIX •vl A Q A Z 1 N E ! QUESTIONS? 9/9/2014 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner rrodgers@fh.az.com 480-816-5138 Strategic Planning Goal: EV4 Business retention/expansion/relocation Operational Priority: Economic Development Plan REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2014-40,a Development Agreement between the Town of Fountain Hills and Fountain Hills Development Group for the Tractor Supply Company development at 17130 E.Shea Boulevard. Applicant: Owner: Property Location: Nicholas Brown,CEG Inc. 12409 W.Indian School Rd.C303 Avondale,AZ 85392 (623)536-1993 IMH Financial 7001 N.Scottsdale Rd.,Ste 2050 Scottsdale,AZ 85253 (480)840-8400 17130 E.Shea Blvd,Fountain Hills,AZ Related Ordinance,Policy or Guiding Principle: Zoning Ordinance Chapter 2,Section 2.02 -Special Use Permits Zoning Ordinance Chapter 2,Section 2.04 -Concept Plan Review Zoning Ordinance Chapter 2,Section 2.05 -Plan Review Zoning Ordinance Chapter 12 -Commercial Zoning Districts Zoning Ordinance Chapter 12,Section 12-05 -Special Use Permits in C-2 Districts Zoning Ordinance Chapter 19 -Architectural Review Guidelines Staff Summary (background): EXISTING ZONING: EXISTING CONDITION: LOT SIZE: BUILDING SIZE: "C-2"-Intermediate Commercial Vacant lot on existing arterial street 4.02 Acres. 21,702 sf + Page 1 of 4 Tractor SupplyCompany CONCEPT PLAN: The Planning &Zoning Commission votedto approve the proposed Tractor Supply Company Concept Plan for this development consisting of a new 21,702 sf retail building and an associated 1,250 sf hay barn (forage shed)building on a4.02 acre site locatedatthe northeastcornerof Shea Boulevard and Monterey Drive. Tractor Supply Company is a large retail store chain that offers products for home improvement,agriculture, lawn and garden, clothing, livestock,equine and pet care.Stores supply products to support their customer's rural lifestyle,from welders and generators to animal care productsand men and women's clothing. RELATIONSHIP TO SURROUNDING PROPERTY The proposed development expects to have a positive impact on the surrounding area and neighborhood. Standard hours of operation are Monday through Sunday 7 AM - 8 PM.The company considers these hours of operation to be reasonable considering the neighboring residential area. Loud operations or noises are not typical. ARCHITECTURAL DESIGN GUIDELINES The exterior of the building will be constructed in Split face C.M.U. and painted in neutral beige colors to 4'-0" and at Pilasters on the building corners and at control joint locations along the sides of the building with a decorative cornice at the top of each wall. An "Urban Putty" color will be used from 4'-0" to the top of the Cornice. The Parapets are extended above the roof line to screen the Roof Top Units from pedestrian view all the way around the building.Scuppers will be installed with downspouts on the rear of the building to drain water from the roof. Added architectural elements include 4'-0"deep awnings w/standing Seam Metal Roof (Colonial Red),Faux Barn Shutters,and decorative Gooseneck Light fixtures on the front elevation.The wall pack light fixtures on the side and rear of the building will be LED fixtures that are Dark Sky compliant. The Fenced Outdoor Display Area will have a Black Aluminum Tube Fence surrounding the merchandise being displayed in that area.An additional Screen Wall has been added to the rear of the building to screen the loading area as well as the dumpster enclosure from street view. LANDSCAPING STRATEGY &DESIGN The proposed landscaping for the Tractor Supply Company store will be a reflection of the natural desert environment that enriches the image of the Fountain Hills community.This will be achieved by utilizing on-site salvage material and through the integration of indigenous plant species that blend seamlessly with the abutting Cereus Wash.To further preserve the integrity of the property, all of the existing saguaro cacti currently located on the site will be salvaged and thoughtfully relocated to enhance entry focal points and new native plant groupings.The overall landscape will complement the architecture of the building as well as the neighboring surroundings.The northern boundary abutting the residential neighborhood will be specifically enhanced with additional trees and/or shrubs to help buffer the homes from the commercial development on Shea Blvd. SPECIAL USE PERMIT: Chapter 12,Section 12-05 of the Zoning Ordinance requires that any outdoor storage or display of merchandise in the C-2 zoning district must be screened from view by a fence or wall.Alternatives to this must be approved for a Special Use Permit by the Town Council. The Tractor Supply Company proposal seeks to allow the large storage/display area on the north side of the building to be fenced with a black aluminum tube fence,and to allow the display areas directly in front of the storefront not to be enclosed. Page 2 of4 Tractor Supply Company The applicants feel this will increase the visibility of their merchandise and it is typical of their site design across the country. The Planning &Zoning Commission has voted to recommend approval of this Special Use Permit. DEVELOPMENT AGREEMENT: The proposed Tractor Supply Company Development Agreement will accomplish the following: 1.Allow for an increase in the Hillside Disturbance Allowance to take into account the site's previously disturbed status and permit development in accordance with the plans proposed herein. 2.Revise the Parking Ratios Retail (17,709 sf) @ 1 space/300 sf = 59 Outdoor Display &Stockroom (23,761 sf) @ 1 space/900 sf =27 For a total minimum parking requirement of 86 spaces. 3.Grant a Special Use Permit to allow for Permanent Outdoor Display Areas as depicted on the Plan of Development. 4.Amend the Drainage Detention Requirements of the Zoning Ordinance Section 3.08 and Town Code Section 14-7 to require that this site provide a minimum detention volume of 8,000 cubic feet. The proposed use (Retail Sales)is permitted and the building and site design criteria are met under the terms of the Development Agreement. Risk Analysis (options or alternatives with implications): Approval of the Development Agreement will allow the construction of a 21,702 sq ft retail building and associated storage structures and site improvements. Denial will require the applicants to re-design their proposal in an effort to receive an approval or it will cause the applicants to reconsider locating in Fountain Hills. Fiscal Impact (initial and ongoing costs;budget status):None Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized,list here:NA Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): The Planning &Zoning Commission held a Public Hearing on August 28,2014 (Draft Minutes Attached).The Commission voted 5-1 to APPROVE the proposed Concept Plan.The Commission also voted 5-1 to forward a recommendation to APPROVE the Special Use Permit to allow the outdoor storage and display areas as proposed.All subject to any additional conditions imposed by the Council in the Development Agreement. Staff Recommendation(s): Staff recommends that the Town Council approve the Development Agreement for Tractor Supply Company as presented. Page 3 of4 Attachment(s): 1.Application 2.Plat Map 3.Plans of Development 4.Drainage Report 5.Traffic Impact Analysis 6.Applicant's Project Narrative 7.Draft 8/28/2014 P&Z Commission 8.Draft Resolution 2014-40 9.Draft Development Agreement linutes Tractor Supply Company SUGGESTED MOTION (for Council use): Move to APPROVE Resolution 2014-40,the Development Agreement between the Town of Fountain Hills and Fountain Hills Development Group for the Tractor Supply Company development at 17130 E.Shea Boulevard. Prepared by: (Robert (Rodgers Robert Rodgers,Senior Planner 9/9/2014 Director's Approval: Paul Mood,Development Services Director 9/9/2014 Approved: k*Cyu*2 Ken Buchanan,Town Manager 9/9/2014 Page 4 of4 DO Not write in this space -official use only Filing Date jT/z/cA?/^ Accepted By ^J'fVuu^'^W^X^/A0 $d%t<^- Fee Accepted~~^»ISd.ad '' Case Manager ~^ah The Town of Fountain Hills PLANNING &ZONING DEPARTMENT Abandonment (Plat or Condominium) Area Specific Plan &Amendments Condominium Plat Development Agreement General Plan Amendment Planned UnitDevelopment PROJECT NAME /NATURE OF PROJECT: Appeal of Administrator's Interpretation Concept Plan Cut/Fill Waiver HPE Change or Abandonment Ordinance (Text Amendment) Preliminary/Final Plat Replat (Lot joins,lot splits, lot line adjustments) Rezoning (Map)^p3f~Special Use Permit &.Amendments Site Plan Review (vehicles sales)^:r--^feFBpofac^JJse Permit (Median Fee,if applicable) Variance /""t^L OtherT^TS^Tg^r +M*A* LEGAL DESCRIPTION:Plat Name Parcel A of Bk 468,Pg 3 Block Lot PROPERTY ADDRESS:17130 E.Shea Blvd PARCEL SIZE (Acres)402 NUMBER OF UNITS PROPOSED 1 Building EXISTING ZONING C^ ASSESSOR PARCEL NUMBER 176-10-799 TRACTS 1 Building Applicant Mrs,Nicholas Brown Mr.•/ Ms.Address:12409 W Indian School Rd C303 Email:nick@cottrellengineering.com Owner r ~ Mrs.IMH Special Asset NT 246 LLC *fr {/6l j PROPOSED ZONING C-2 Day Phone (623)536-1993 City:Avondale state:_AZ zip:85392 Day Phone (480)840-8400 Mr. Ms.Address:7001 N.Scottsdale Road,Ste.2050 city:Scottsdale state:AZ Zip:85253 Ifapplication is being submitted bysomeone other than the owner of the property under consideration,the section below must be completed. SIGNATURE OF OWNER I HEREBY AUTHORIZE Plecse Print Subscribed and sworn before me this day of Notary Public fe«a-^jiJu_^-_»- My Commission Expires, DATE See attached letter. TO FILE THIS APPLICATION. 20 . MUNIS sjb322iz APPLICATION #C)UQ£>(Lt'-Qif CURVtOAFA»••««««»"«-r*>.«».r»«•»••4»ooUvj7«_MWJ'O!'1«»M11<?00t>r?»>»/«.-,00;,%,oj-irw-|.»ooo's>«NOTES.-me«t«**««"/rv&RApeotwiteaov<x*c&rzpu*&*efciAM0$C'^fn**rsrs#sxadourvMDwe>Of*>n*«•tvtclTArorofttkcrsi*tt»*vwu«y*w*o<^€nHd«u>i.to'van*1T^rtoroftTK04M*ftO**C*S**>«**AwnCOO*SANDBCSTHICXWS'0**0U*'»»«Mh.,.%<*'TC*>.'OIjNI***mm*,A*ifONA.AMPfCOMCCNDOCum«-?*£«•«.ma»<OPacou»->nec*osiVP*0*UCN*SW.LBECONSTFUCtJ*CCO*l>hC10*»*REPLATOFLOTS1 & 2OFFOUNTAINHILLSFINALPLAT705ASRECORDEDINBOOK407.PAGE33M.C.R..SECTION26TOWNSHIP3NORTH.RANGE6EASTOFTHEGILAANDSALTRIVERBASEANDMERIDIANASSUREDWATERSUPPLY:t>*Dt"*>»-MtNTo*«n»««v«etj«»stxt*»«»«05"ha*>*p*««*.&r*MTIBCO*»**t»MASCOOt'ONA,»*ivBASISOFBEARING:*>*."B*«CfM«**'or'**iu«vt»fSNO"'-«2K'OC"C*JT!C*rwtuOWJtftNTLf*3»UOJAPOWXiU*M»0"»0M*TS**tiTS£Cwr>*THfUOW.MCNTL*<OfV4*BOJll**»0«*0*TH(»St»l*ASS-KWW(ICXMtAMWttS*mJOM*fihlAt.PISC0N9STENIMIH1m[ICKJHt*,«•»»'•1HI0—»pe<WCEREUSra«c--jB*C«O*CW9HILLSIDESLOPECALCULATIONS'O70*UOTfi)««V4W7?<J«*<JOX:o-y%vonv.10vi»:ov-*s<?o<oio"sarw0>0CAS1CO**BO*'&«*"»>TO30U1WWASHi»«ch-"•'468'«•0398-0338677:=,osspr.A[)sconvfninc-"•:<-rz.°-V~_IBOOK.5.<6;)•'MA-'S.-'AC:1MX?.fOuNiAjNmm!wi«SV*£0**T»CERTIFICATE:'"••srsica»ir»ima*n«rwtfsc^BTO»•*<nfPi**srioni*«e;Of'*A,PiAT MO 704IOuNTAjwM«.4iUifOMA.PROEMS*0PTM|VU*MAtMCS**©DSTANCtSA*«1'C*^ONTh£0»>«»t*l»t*T?«"AMU*tf»«»0*CCnOND-jPn;**£i»OnTmCOu««TryfcMCOP*JiB»THfSt"TWNTSrMSSCROUP.LLC.*N*i»i/ONAtiUtTfO;t*MiT*fOM*AMT.r»,-AS<»(S>.,AS«coffO«»IC0*»DS,TOWHS*«A"MA*.fjWEHiDIAM.MARICOPACOUNTY.A*'JON*.ANDMCKCDTPUO.IVCSIMSfrtPlATASAM)•(*ANOMf«»VOEClAftISTHAISAiOPLA*Sl'lTORT**Tt-r10CATK3AJTNTSCONS"i-^tr»TCw»fR,hasBISUB^^OCBLOTSiAM) J(«COffO«l>m90CX*070»MAPS.,TOWHSHP3NORTH.RANCCI0MEPtiEXAW.MARICOPACOUNTiIMtRfDTPUtt.lV*S1SflNAlPiATCPACOUNTYAND5*1TRlVtRMccectwio^rNsioNSdrneintttfc^wptAsrurNTsconstitutingsamcandthatt'T«|Itrft*C«NTOIACM»t4PfCTI*l»a»CDCCKATLO'0»»"lfV»*0«.iSxO«NSAC•S*ANlO*TMtVMPlVPO>NTrap3!.-[»pi«son^vtcr<rin<CCMS:C£F»<Dftftow)tWdAP*Tf>ififC5^MANTtf3NGT«»w^AMD»e*T»<:Ta»rtro»V*CAUN^Sl»0«r,««A*i:OPAaXJKTf.APl/ONA.iimr\i$%r*<erof^ssa»ou»uc,»**jon*tAi«o*T»ONvc*»»f»s-AS9«N*tCC«<3i»»-Mt«COMPANIA$9«NC<)M^A/ftliOAMD>*.SAMt-JW..1i>-C*CUNTOCA»«0'TSCOmPantn**4AfUS'tfHCVCNAMMITT3l>A(tatiT>(OuP*n>a:ACKNOWLEDGMENT:ST*HCA»::ONA))55eOUSTr0*UOtCOPAION*»«T-t^.__DAT0*.^j-li.-fVio..Hsove^iV•"(tW>Xfc»wctrWrtHAAJin.COMPAAtA«<>AC'^OWJOCtD'»»S*vjMfsTroet»<*v*^>SJSMbc*.c•.«it«,(sstxreccrIMf»H,t,*0VIW*"ANOANOtyfOAtsH09OI£**•»«^^7NEWEASDylENTSAll.A«^A«tDIC.*"AftlKMAAPPROVALS:AP*WO*06-TMfCCWWONCCCMftC*tnTtq**,orrx».Tii»htjvV*»i;ON*-wsfc5«»-.3ayCf'i-1-".'«*?ATTISTiiHV.t-^tijsJ***-*'*.^i<\ft.oM4#yc#^c»o*y/•..H^ijLd.....8*AOT.«UU0KM*ASSOCiATCS.INC.M(p?-03 GRAPHICSCALESP1.01 GRAPHICSCALEDISPLAYAREAEXHIBITFORTRACTORSUPPLYCOMPANY-FOUNTAINHILLSNECSHEABLVD.&MONTEREYDRIVEPERMANENTTRAILERkEqL'IPMENTDISPUYAREACI.0VETAREaimiuncth«:,•,OCIUCIM340-8997.4943/-4I1-C25.93'43100aitx'TE.NCEDOUTDOORDISPUYAREAfZ»<;*&UP1.01 LEGEND: SLOPES 0%-10% SLOPES 10%-20% SLOPES 20%-30% SLOPES >30% AREA: 144,121 S.F.(3.309 AC) 20,131 S.F.(0.462 AC) 9,421 S.F.(0.216 AC) 1,264 S.F.(0.029 AC) 100" 12409 W.INDIAN SCHOOL RD. SUITE:C-303 AVONDALE.AZ 85392 PH:(623)536-1993 SLOPE ANALYSIS PROJECT:TSC FOUNTAIN HILLS CEG#14-029 200" TRACTORSUPPLY17130E. SHEABLVD.2NDSUB7/1/2014C.M.U.PAINTCOLORSSW7585SUNDRIEDTOMATOSW7513SANDERLINGSTANDINGSEAMMETALROOFBREAKMETAL@GABLEFASCIAANDAWNINGSFIRESTONEUNA-CLADCOLONIALREDUrbanPullySW7532URBANPUTTY•METALCOPING@PARAPETSFIRESTONEUNA-CLADALMONDE.I.F.S.•SW7532URBANPUTTY ©K®JM£ELEVATION©tH£TSC-FOUNTAINHILLS,AZaOXFORDARCHITECTURE •j,TOPOFMANSONRYV16'-8'A.F.F./«PaCOLORCHANGEV4'-0'A.F.F.SPLIT FACECMUPAINTED -SW7513SANDERLINGSPLIT FACE CMU P.SW7532URBANPi\•12'X18'MANUALCOIUNGDOORV.'l(2)BOLLARDSEACHSIDESPLIT FACE CMU W/ INTEGRALCOLORTO MATCHSW7532URBANPUTTY-CORRUGATEDGALVANIZEDMETALPANELFRONTELEVATIONSCALE:1/8"=1'-0"•PRE-FINISHEDMETALGUTTERANDDOWNSPOUTSTO BE PAINTEDSW7532URBAN PUTTY.REARELEVATIONSCALE:1/8'=1'-0"DECKERREDSTRIPEFROM10,-0"TO10'-8"A.F.F.SPLITFACECMUPAINTED-SVV7513SANDERUNGSPLITFACECMUPAINTEDSW7532URBAN PI./N3' X7'HOLLOWMETALMANDOORLEFTSIDEELEVATIONSCALE:1/8" =1'-0"RIGHTSIDEELEVATIONSCALE:1/8'=1'-0"9OXFORDARCHITECTURETRACTOR SUPPLY COMPANY -FOUNTAINHILLS,AZ FORAGE SHED -09.03.2014120b/Suite2OSPlanning. V. DRAINAGE REPORT for TSC FOUNTAIN HILLS 17130 E.SHEA BLVD. Prepared for: FOUNTAIN HILLS DEVELOPMENT GROUP,LLC 155 W.NEW YORK AVENUE SOUTHERN PINES,NC 28387 July 28, 2014 CGG 12409 W.Indian School Rd.C303,Avondale.AZ 85392 Phone (623)-536-1993 July 28,2014 TSC-FOUNTA1N HILLS INTRODUCTION The proposeddevelopmentconsists of one new retail building,21,702 s.f.±,and a hay bam building, 1,250 s.f.±,on a 4.02 acre (±) parcel(net area) that sits on a portion of Parcel A of "Replat of Lots 1 and 2 of Fountain Hills Final Plat 705" (Bk.468, Pg.3, MCR) and is located at the northeast comer of Shea Boulevard and Monterey Drive.This site is currently a vacant parcel with no existing improvements. The site is bounded by developed property to the northeast, Shea Boulevard to the west and Monterey Drive to the north, and the Cereus Wash to the south. A vicinity map, aerial photo, legal description and the area's FIRM map are attached for reference in Appendix A of this report. OFFSITE DRAINAGE &HYDRAULICS The site is bounded on the west and north sides by existing curb and gutter. The east side is adjacent to developed residential lots. The south side is bounded by an existing storm water wash (Cereus Wash). The existing curb and gutter along Shea Boulevard slopes southeast and is conveyed to the Cereus Wash. The existing curb and gutter along Monterey Drive slopes northeast into the adjacent residentialsubdivision which eventually conveys the storm water to the Cereus Wash. The offsite drainage generated from the public right of way areas of Shea Boulevardand Monterey Drive will continue to follow the historic flow. There are no proposed changes or additions to these systems by this project. ONSITE DRAINAGE &DETENTION Onsite detention will be provided for the 100-year pre-development vs. post development storm event forthearea of this site. The siteconveysthe stormwaterthroughsurfacesheetflowtocurb openings. The detention calculations are as follows,additional calculations are attached for reference in Appendix B: Required volume: V =A*C*P/12 Overall Site Watershed Pre-development RunofTC:0.65 -Hillslopes,Sonoran Desert (Table 3.2-DDM forMC) Post development RunofTC:0.95-Commercial (Table 3.2-DDM forMC) Design RunofTC:0.30 Rainfall:2.21 inches-NOAA Atlas 14 12409 W. Indian School Rd.,C-303,Avondale,AZ 85392 Phone (623)-536-1993 July 28,2014 TSC-FOUNTA1N HILLS Watershed Area:148,756 s.f. CalculatedVol (req'd):8,219 cf. DevelopmentAgreement Vol (reqd): 8,000 cf. Site Outfall: At the proposed concrete weir structure near the southeast corner of the site. The weir elevation is set at 1537.00.The storm water then drains into the Cereus Wash. Overall Site Watershed Basin #1 5,582 cf Basin #2 3,244 cf Volume Required (P.A.D. Plan)8,000 cf Volume Provided 8,826 cf A copy of the preliminary onsite grading and drainage plans has been attached for reference in Appendix C. ONSITE HYDRAULICS The storm water in the parking areas are conveyed by sheet flow through curb openings to the detention basins. There are no storm drain pipes/catch basins within the parking areas conveying storm water to the detention basins. There is a concrete weir structure proposed to regulate the outflowsfromthedetentionbasinto beequalto or lessthan pre-development flowrates. 12409 W. Indian School Rd.,C-303,Avondale,AZ 85392 Phone (623)-536-1993 July 28,2014 TSC-FOUNTAIN HILLS OTHER PROJECT INFORMATION The extreme outfall for the project is at the proposed concrete weir structure near the southeast comer of the site.The weir elevation is set at 1537.00.The storm water then drains into the Cereus Wash. The site is designed in an engineered sump condition, as the high and low curb are both higher than the proposed final floor elevation. However, the final floor elevation is significantly higher than the site outfall. The final floor elevations for this proposed development are designed at an elevation of 1548.00 forthe main building and 1547.00 for the hay bam.The final floor elevations aredesignedat elevations over 7 feet lower than the high top of curb which is at an elevation of 1555.60.The final floor elevations are designed over 3.5 feet lower than the low top of curb which is at an elevation of 1551.75 feet.The final floor elevations are over 10 feet above the extreme outfall elevation of 1537.00 feet. Ifthe site is constructed according to the approved grading and drainage construction documents than the building finished floor will be protected from the inundation of storm water produced from the 100-year storm event for onsite and offsite flows. A portion of the site is located in a special flood hazard area, zone AE, and a portion of the site is locatedinshadedzone X as defined by Firm Map 04013C1804L dated October 16,2013.Zone AE is described as "The special flood hazard area is subject to the 100-yearflood; base flood elevations determined." Shaded zone X is described as: "Areas of 500-year flood; areas of 100-yearflood with average depthsof lessthan 1footor with drainage areas lessthan 1squaremile;and areas protected byleveesfrom 100-yearflood." (see FigureinAppendixA). 12409 W. Indian School Rd.,C-303,Avondale,AZ 85392 Phone (623)-536-1993 CEB July 28,2014 TSC-FOUNTAIN HILLS REFERENCES Brater and King,Handbook of Hydraulics,6th Ed,1976 Sabol, Et al,DRAINAGEDESIGNMANUAL for MARICOPA COUNTY, ARIZONA-Volume I, Hydrology,June 2010. Sabol, Et al,DRAINAGEDESIGNMANUAL for MARICOPA COUNTY, ARIZONA-Volume II, Hydraulics,June 2010. DRAINAGE REGULATIONS for MARICOPA COUNTY,November 2010. DRAINAGEPOLICIESAND STANDARDSfor MARICOPA COUNTY,June 2010. 12409 W. Indian School Rd.,C-303,Avondale,AZ 85392 Phone (623)-536-1993 FEMAFLOODINFORMATIONACCORDINGTO FEMAFLOODINSURANCERATE MAP NO.04013C1804LDATEDOCTOBER16,2013THESUBJECTPROPERTYIS LOCATED IN ASPECIALFLOODHAZARD AREAACCORDINGTOMAP,APORTIONWITHINZONE'AE'THEREMAINDERWITHINZONESHADED'X'.ZONE'AE*ISDESCRIBEDAS'THESPECIALFLOOD HAZARD AREA ISSUBJECTTO THE100-YEARFLOOD;BASEFLOODELEVATIONSDETERMINED."ZONESHADED'X'IS DESCRIBED AS "AREAS OF500-YEARFLOOD;AREAS OF100-YEARFLOODWITHAVERAGEDEPTHSOFLESSTHAN 1 FOOT ORWITHDRAINAGE AREASLESSTHAN 1SQUAREMILE;ANDAREASPROTECTEDBYLEVEESFROM100-YEARFLOOD."12409W.INDIANSCHOOLRD.SUITE:C-303AVONDALE,AZ85392PH: (623)536-1993FEMAFLOODINFORMATIONPROJECT:TSCFOUNTAINHILLSCEG#14-029 6/23/14 Precipitation Frequency Data Server NOAA Atlas 14,Volume 1,Version 5 Location name:Fountain Hills,Arizona,US* Latitude:33.5686°,Longitude:-111.7085° Elevation:1543 ft* *source:Google Maps POINT PRECIPITATION FREQUENCY ESTIMATES A Sanja Porica,Sarah Dlatz.Sarah Holm.Lillian Hlnar,Kazungu Maltaria,Deborah Martin, Sandra Pavlovic,Ishani Roy.Carl Trypaiuk,Dale Unruh,Fenglin Yan.Michael YeWa,Tan Zhao, Geoffrey Bonn!n.Daniel Browor,Ll-Chuan Chon,Tye Parzybok,John Yarchoan NOAA,National Woather Service,Silver Spring,Maryland PF tabular I PF graphical |Maps..fr,„Bena|s PF tabular PDS-based point precipitation frequencyestimates with 90%confidence intervals (in inches)1 Duration Average recurrence interval (years) 1 2 5 10 25 50 100 200 500 1000 5-min 0.192 (0.158-0.241) 0.250 (0.207-0.315) 0.339 (0.278-0.424) 0.407 0.499 (0.331-0.506)1(0.400-0.617) 0.571 (0.451-0.701) 0.643 (0.499-0.788) 0.717 (0.548-0.877) 0.817 (0.6090.997) 0.892 (0.651-1.09) 10-min 0.292 (0.241-0.366) 0.381 (0.316-0.479) 0.516 (0.423-0.645) 0.619 (0.504-0.770)1 0.760 (0.609-0.939) 0.869 (0.686-1.07) 0.979 (0.760-1.20) 1.09 (0.834-1.33) 1.24 (0.926-1.52) 1.36 (0.991-1.66) 15-mln 0.363 (0.298-0.454) 0.473 (0.391-0.594) 0.640 (0.524-0.800) 0.768 (0.625-0.954) 0.942 (0.755-1.16) 1.08 (0,851-1.32) 1.21 (0.943-1.49) 1.35 (1.03-1.65) 1.54 (1.15-1.88) 1.68 (1.23-2.06) 30-min 0.488 (0.402-0.611) 0.637 (0.527-0.799) 0.862 (0.706-1.08) 1.03 (0.841-1.28) 1.27 (1.02-1.57) 1.45 (1.15-1.78) 1.64 (1.27-2.00) 1.82 (1.39-2.23) 2.08 (1.55-2.53) 2.27 (1.65-2.77) 60-min 0.604 (0.498-0.757) 0.788 (0.652-0.989) 1.07 (0.874-1.33) 1.28 i (1.04-1.59) 1.57 (1.26-1.94) 1.79 (1.42-2.21)\ 2.02 (1.57-248) 225 L(1.72 276) 2.57 (1.91-3.14) 2.81 (2.05-3.43) 2-hr 0.690 (0.576-0.838) 0.893 (0.747-1.09) 1.19 (0.988-1.45)j 1.42 (1.17-1.72) 1.72 (1.40-2.08) 1.96 (1.58-2.37) 2.21 (1.75-2.57) 2.46 (1.91-2.96) 2.79 (2.11-3.37) 3.06 (2.26-3.71) 3-hr 0.744 (0.622-0.917) 0.953 (0.799-1.18) 1.25 (1.04-1.54) 1.48 (1.23-1.82) 1.81 (1.47-2.21) 2.07 (1.66-2.51) 2.34 (1.84-2.85); 2.63 (2.03-3.19) 3.02 (2.27-3.67) 3.34 (2.45-4.06) 6-hr 0.895 (0.770-1.06) 1.13 (0.976-1.34) 1.45 (1.24-1.71) 1.70 (1.44-2.00) 2.04 (1.71-2.39) 2.31 (1.91-2.70) 2.59 (2.10-3.03) 2.8B (2.29-3.37) 3.27 (2.54-3.84) 3.58 (2.72-4.21) 12-hr 1.02 (0.888-1.18) 1.28 (1.12-1.49) 1.62 (1.41-1.88) 1.88 (1.63-2.17) 2.24 (1.91-2.58) 2.52 (2.12-2.89) 2.80 (2.33-3.22) 3.08 (2.53-3.55) 3.47 (2.78-4.01) 3.77 (2.96-4.39) 24-hr 1.27 (1.14-1.42) 1.60 (1.45-1.80) 2.06 (1.85-2.32) 243 (2.17-2.73) 2.94 (2.61-3.29) 3.34 (2.94-3.73) 3.76 (3.29-4.20) 4.19 (3.63-4.69) 4.79 (4.09-5.37) 5.26 (4.45-5.93) 2-day 1.41 (1.27-1.59) 1.80 (1.61-2.02) 2.35 (2.10-2.63) 2.78 (2.48-3.11) 3.39 (3.00-3.79) 3.87 (3.40-4.32) 4.38 (3.81-4.90) 4.91 (4.24-5.51) 5.65 (4.81-6.37) 6.24 (5.25-7.06)| 3-day 1.51 (1.36-1.69) 1.92 (1.73-2.15) 2.52 (2.26-2.82) 3.00 (2.68-3.35) 3.68 (326-4.10) 4.22 (3.72-4.70) 4.80 (4.20-5.35) 5.41 (4 68-6.05) 6.26 (5.34-7.04) 6.95 (5.87-7.85) 4-day 1.61 (1.45-1.79) 2.05 (1.84-2.29) 2.69 (2.42-3.00) 3.22 (2.88-3.58) 3.96 (3.52-4.41) 4.57 (4.04-5.08) 5.22 (4.58-5.80) 5.90 (512-6.59) 6.87 (5.87-7.70) 7.67 (6.48-8.63) 7-day 1.79 (1.60-2.01) 2.28 (2.04-2.56) 3.01 ;(2.68-3.38) 3.60 (3.19-4.03) 4.43 (3.91-4.96) 5.12 (4.49-5.73) 5.85 (5.08-6.55) 6.62 (5.71-7.44) 7.73 (6.56-8.71) 8.62 (7.24-9.77) i 10-day 1.98 (1.77-2.21) 2.53 (2.26-2.83) 3.33 (2.97-3.72) 3.97 (3.53-4.44) 4.88 (4.32-5.45) 5.62 (4.94-6.26) 6.40 (5.59-7.15) 7.23 (6.25-8.09) 8.40 (7.16-9.43) 9.35 (7.B8-10.5) 20-day 2.45 (2.19-2.74) 3.15 (2.82-3.52) 4.13 (3.70-4.62) 4.89 (4.36-5.46) 5.92 (5.26-6.60) 6.71 \(5.94-7.49) 7.53 (6.62-8.43) 8.36 (7.30-9.38) 9.49 (8.21-10.7) 10.4 (8.88-11.7) 30-day 2.B9 (2.59-3.22) 3.71 (3.33-4.13) 4.87 (4.36-5.42) 5.75 (5.15-6.39) 6.96 (6.19-7.73) 7.88 (6.98-8.76) 8.84 (7.77-9.83) 9.81 (8.57-10.9) 11.1 (9.62-12.5) 12.1 (10.4-13.7) 45-day 3.45 (3.09-3.85) 4.44 (3.97-4.96) 5.83 (5.21-6.50) 6.86 (6.12-7.66) 8.24 (7.31-9.21) 9.29 (8.21-10.4) 10.3 (9.10-11.6) 11.4 (9.96-12.8) 12.8 (11.1-14.4) 13.9 (11.9-15.7) 60-day 3.88 (3.48-4.33) 5.00 (4.48-5.58) 6.55 (5.86-7.30) 7.68 (6.85-8.57) 9.16 (8.15-10.2) 10.3 (9.09-11.5) 11.4 (10.0-12.8) 12.5 (10.9-14.0) 13.9 (12.1-15.7) 15.0 (13.0-17.0) 1 Precipitation frequency (PF)estimatesinthistableare based on frequency analysisof partial duration series (FOS). Numbers in parenthesis are PFestimates at low er andupper bounds ofthe 90%confidence interval.The probability that precipitation frequency estimates (fora given duration andaveragerecurrence Interval)w iH begreaterthantheupperbound (orless than the low er bound)is5%.Estimates at upperbounds arenot checkedagainst probable maximum precipitation (RVF)estimatesand maybe higher than currently valid PMP values. Rease refer to NOAA Atlas 14 document for mora information. Back to Tpc hdsc.fws.ncea.goVhdsc/pfds/pfdsjxintpage.htrrt?lat=33.5 1/4 6723/14 Precipitation Frequency Data Server NOAA Atlas 14,Volume 1,Version 5 Location name:Fountain Hills,Arizona,US* Latitude:33.5686°,Longitude:-111.7085° Elevation:1543 ft* *source:Google Maps POINT PRECIPITATION FREQUENCY ESTIMATES A San]a Perica,Sarah Dietz,Sarah Helm. Lillian Hinar,Kazungu Maitaria,Deborah Martin, Sandra Pavlovic.Ishani Roy,Carl Trypaluk.Dale Unruh.Fenglin Yan,Michael Yekta,Tan Zhao, Geoffrey Bonnln, Daniel Brewer,Li-Chuan Chen, Tye Parzybok,John Yarchoan NOAA.National Weather Service,Silver Spring,Maryland PP.tetPUlar IPF graphical I Maps &aerials PF tabular PDS-based point precipitation frequency estimates with 90%confidence intervals (in inches/hour)1 Duration Average recurrence interval (years) 1 2 5 10 25 50 100 200 500 1000 5-min 2.30 (1.90-2.89) 3.00 (2.48-3.78) 4.07 (3.34-5.09) 4.88 (3.97-6.07) 5.99 (4.80-7.40) 6.85 F 7.72 (5.41-8.41)I (5.99-9.46) 8.60 (6.58-10.5) 9.80 (7.31-12.0) 10.7 (7.81-13.1) 10-min 1.75 (1.45-2.20) 2.29 (1.90-2.87) 3.10 (2.54-3.87) 3.71 (3.02-4.62) 4.56 (3.65-5.63) 5.21 (4.12-6.40)I 5.87 (4.56-7.19)| 6.55 (5.00-8.01) 7.46 (5.56-9.11) 8.15 (5.95-9.96) 15-min 1.45 (1.19-1.82) 1.89 (1.56-2.38) 2.56 (2.10-3.20) 3.07 (2.50-3.82) 3.77 (3.02-4.66) 4.31 | (3.40-5.29) 4.86 (3.77-5.95) 541 (4.14-6.62) 6.16 (4.60-7.53) 6.73 (4.91-8.23) 30-min 0.976 (0.804-1,22) 1.27 (1.05-1.60) 1.72 (1.41-2.15) 2.07 (1.68-2.57) 2.54 (2.03-3.13) 2.90 (2.29-3.56) 3.27 (2.54-4.01) 3.64 (2.79-4.46) 4.15 (3.09-5.07) 4.53 (3.31-5.54) 60-min 0.604 (0.498-0,757) 0.788 (0.652-0.989) 1.07 (0.874-1.33) 128 (1.04-1.59) 1.57 (1.26-1.94) 1.79 (1,42-2.21)| 2.02 (1.57-2.48) 2.25 (1.72-2.76) 2.57 (1.91-3.14) 2.81 (2.05-3.43) 2-hr 0.345 (0.288-0.419) 0.446 (0.374-0.544) 0.594 (0.494-0.722) 0.708 (0.583-0.859) 0.862 (0.701-1.04) 0.981 (0.788-1.19) 1.10 (0.872-1.33) 1.23 (0.952-1.48) 1.40 (1.06-1.68) 1.53 (1.13-1.85) 3-hr 0.248 (0.207-0.305) 0.317 (0.266-0.393) 0.416 (0.347-0.512) 0.494 (0.408-0.606) 0.603 (0.490-0.735) 0.689 (0.552-0.837) 0.780 (0.614-0.948) 0.875 (0.677-1.06) 1.01 (0.758-1.22) 1.11 (0.817-1.35) 6-hr 0.149 (0.129-0.177) 0.189 (0.163-0.224) 0.241 (0.207-0.286) 0.283 (0.241-0.334) 0.341 (0.285-0.399) 0.385 (0.318-0.450) 0.432 (0.351-0.507) 0.480 (0.383-0.563) 0.546 (0.425-0.641) 0.599 (0.454-0.704) 12-hr 0.085 (0.074-0.098) 0.107 (0.093-0.124) 0.134 (0.117-0.156) 0.156 (0.135-0.180) 0.186 (0.159-0.214) 0.209 (0.176-0.240) 0.232 (0.193-0.267) 0.256 (0.210-0.294) 0.288 (0.230-0.333) 0.313 (0.246-0.365) 24-hr 0.053 (0.048-0.059) 0.067 (0.060-0.075) 0.086 (0.077-0.097) 0.101 (0.091-0.114) 0.123 (0.109-0.137) 0.139 (0.123-0.156) 0.157 (0.137-0.175) 0.175 (0.151-0.196) 0.200 (0.171-0.224) 0.219 (0.185-0.247) 2-day 0.029 (0.026-0.033) 0.037 (0.034-0.042) 0.049 (0.044-0.055) 0.058 (0.052-0.065) 0.071 (0.062-0.079) 0.081 (0.071-0.090) 0.091 (0.079-0.102) 0.102 (0.088-0.115) 0.118 (0.100-0.133) 0.130 (0.109-0.147) 3-day 0.021 (0.019-0.023) 0.027 (0.024-0.030) 0.035 (0.031-0.039) 0.042 (0.037-0.047) 0.051 (0.045-0.057) 0.059 (0.052-0.065) 0.067 (0.058-0.074) 0.075 (0.065-0.084) 0.087 (0.074-0.098) 0.097 (0.081-0.109) 4-day 0.017 (0.015-0.019) 0.021 (0.019-0.024) 0.028 (0.025-0.031) 0.034 (0.030-0.037) 0.041 (0.037-0.046) 0.048 (0.042-0.053) 0.054 (0.048-0.060) 0.061 ,(0.053-0.069) 0.072 (0.061-0.080) 0.080 (0.068-0.090) 7-day 0.011 (0.010-0.012) 0.014 (0.012-0.015) 0.018 (0.016-0.020) 0.021 (0.019-0.024) 0.026 (0.023-0.030) 0.030 (0.027-0.034) 0.035 (0.030-0.039) 0.039 (0.034-0.044) 0.046 (0.039-0.052) 0.051 (0.043-0.058) ,10-day 0.008 (0.007-0.009) 0.011 (0.009-0.012) 0.014 (0.012-0.015) 0.017 (0.015-0.018) 0.020 (0.018-0.023) 0.023 (0.021-0.026) 0.027 (0.023-0.030) 0.030 (0.026-0.034) 0.035 (0.030-0.039) 0.039 (0.033-0.044) 20-day 0.005 (0.005-0.006) 0.007 (0.006-0.007) 0.009 (0.008-0.010) 0.010 (0.009-0.011) 0.012 (0.011-0.014) 0.014 (0.012-0.016) 0.016 (0.014-0.018) 0.017 (0.015-0.020) 0.020 (0.017-0.022) 0.022 (0.019-0.024) 30-day 0.004 (0.004-0.004) 0.005 (0.005-0.006) I 0.007 (0.006-0.008) 0.008 (0.007-0.009) 0.010 (0.009-0.011) 0.011 ;(0.010-0.012) 0.012 (0.011-0.014) 0.014 (0.012-0.015) 0.015 (0.013-0.017) 0.017 (0.014-0.019) 45-day 0.003 (0.003-0.004) 0.004 (0.004-0.005) 0.005 (0.005-0.006) 0.006 (0.006-0.007) 0.008 (0.007-0.009) 0.009 (0.008-0.010) 0.010 (0.008-0.011) 0.011 (0.0090.012) 0.012 (0.010-0.013) 0.013 (0.011-0.015) 60-day 0.003 (0.002-0.003) 0.003 (0.003-0.004) 0.005 (0.004-0.005) 0.005 (0.005-0.006) 0.006 (0.006-0.007) 0.007 (0.006-0.008) 0.008 (0.007-0.009) 0.009 (0.008-0.010) 0.010 (0.008-0.011) 0.010 (0.009-0.012) 1 Precipitation frequency (PF)estimates in this table are basedon frequency analysis of partial duration series (FOS). Numbersinparenthesis are PFestimates at lower and upper bounds of the 90% confidence interval.The probability that precipitation frequency estimates (fora given duration and average recurrence interval)will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PIvP)estimates and may be higher than currently valid PWP values. Please refer to NOAA Atlas 14 document for more information. - Back tQ Tap hdsc.nvvs.noaa.g ov<hdsc^pfds/pfds jDrintpag e.h^1/4 PROJECT: CEG# TSCFH 14-029 PRE.VS.POST DEVELOPMENT CALCULATIONS PRE-DEVELOPMENT Surface Coefficient C 0.65 Hillslopes,Sonoran Desert (Table 3.2) POST DEVELOPMENT Surface Coefficient PRE.VS.POST DEVELOPMENT Surface Coefficient 100-hr,2-hr Rainfall Area Calculated Req'd Volume Required Volume (PAD Plan) FIRST FLUSH CALCULATIONS Surface Coefficient 100-hr,2-hr Rainfall Area Required Volume 0.95 Commercial (Table 3.2) C 0.3 P 2.21 in A 148756 sf VOLreq'd 8219 cf VOLreq'dr 8000|cf C 1.00 P 0.5 in A 148756 sf VOLreq'd[~6198|cf GOVERNS STORMWATER RETENTION BASIN CALCULATIONS PROJECT TITLE:TSC -Fountain Hills CEG JOB#14029 DATE:25-Jun-14 REQUIRED RETENTION ADDITIONAL FACTOR Rainfall depth 0.50 inches Offsite*I Offsite S2 OITsitc ••-•:!Offsite »4 c A (sO Vreq (cf) Basin #(s) Vol prov'd OK? TOTAL OFFSITE TOTAL ONSITE TOTAL-TOTAL 1 Basin #1 REQUIRED 0 cf 6198 cf 6198 cf PROVIDED 0 cf 8826 cf 8826 cf 2 Basin #2 1.00 Onsite fc I Onsite "2 Oa.:!<.-•••••Onsite •-'-!1 )nsite i-"5 Onsite *6 Onsite r-1 Onsite "S Onsite =9 Onsite *I0 C A (sO 1.000 148756 \, Vreq (cf)6198 Basin #(s) Vol prov'd OK? 1,2, 8826 OK OK 'OK 3 Basin #3 •'.Basin #4 ELEV AREA (sf) VOL (cf) 40.0 2885 39.0 2170 2527.5 38.0 1518 1844.0 37.0 902 1210.0 TOTAL VOLUME 5581.5 ELEV AREA (sQ VOL (cf) 2356 1600 932 ELEV AREA (sQ VOL (cf) ELEV AREA (sf) VOL (cf) D Tank group D 40.0 39.0 38.0 1978.0 1266.0 TOTAL VOLUME 3244.0 G Basin #6 ELEV AREA (sf) VOL (cf) TOTAL VOLUME A Tank group A VOL (cf) 7 Basin #7 ELEV AREA (sf) VOL (cf)ELEV AREA (sf) VOL (cf) B Tank group B VOL (cf) C Tank group C Page 1 of 4 Runoff from onsite watershed -routed through proposed basin TITLE:T,SC -FOUNTAIN HILLS 1 2 3 4 5 Storm distribution:Maricopa County DRAIN PIPES ERROR MESSAGES FLOW DELTA # of pipes Diameter (in) Inlet elev (ft) Inlet coeff (C) (0.5-1.0) Neglect if4" (Y/N) g (ft/sA2) BROAD CRESTED WEIR n 32.2 1 n n 32.2 32.2 2 3 n 32.2 4 100 YR PEAKQ 10 YR PEAKQ 2 YR PEAK Q 0.05 2.02 1.68 n 32.2 FREEBOARD 100 YR DEPTH 10 YR DEPTH 2 YR DEPTH 1.22 1.78 2.33 5 9 10 Crest elev Width Weir coeff BASIN DEFINITION 1540.00 20.0 3.0 1 1539.00 1537.00 3.0 1.0 3.0 3.0 2 3 4 5 6 7 8 Elevation (ft) Area (sq.ft.) Volume (cu.ft.) INPUT FLOWS 1537.00 902.00 0.00 PEAKQ 1537.00 1537.00 902.00 902.00 0.00 0.00 Tc 1537.00 902.00 0.00 1537.00 902.00 0.00 1537.00 1538.00 1539.00 902.00 2450.00 3770.00 0.00 1676.00 4786.00 1540.00 1541.00 5241.00 6925.00 9291.50 15374.50 MA CALCULATIONS Exist 100 year Exist 10 year Exist 2 year Future 100 year Future 10 year Future 2 year BASIN PERCOLATION 20.18 12.93 8.14 27.62 17.54 11.05 5.00 5.00 5.00 5.00 5.00 5.00 100 YR 10 YR 2YR MAX ELEVATION = MAX OUTFLOW = MIN FREEBOARD = MAX DEPTH = iX STORED VOLUME = MINIMUM BLDG FFE = MAX PIPE FLOW = 1539.78 1539.22 20.13 10.91 1.22 1.78 2.78 2.22 8306.4 5798.4 1540.78 1540.22 0.00 0.00 20.13 10.91 2.78 2.22 0.00 0.00 0.00 0.00 1538.67 ft 6.46 cfs 2.33 ft 1.67 ft 3752.6 cu.ft. 1539.67 ft 0.00 cfs 6.46 cfs 1.67 ft 0.00 ft 0.00 hrs Bottom perc rate THRESHOLD RETENTIO 60.00 (min/in) N MAX OVERFLOW = MAX DEPTH OF OVERFLOW = MAX RETAINED DEPTH = TIME TO DRAIN =Soiltypeon-site (B.CD.I) Developed condition: Heavy urban •i Drainage area 1 hr,-1-yr rainfall depth Existing runoff coeff Future runoff coeff 0.00 acres in THRESHOLD RETENTION NOT APPLICABLE Notes: Routing Data PROJECT NARRATIVE REPORT for TSC FOUNTAIN HILLS 17130 E.SHEA BLVD. Prepared for: FOUNTAIN HELLS DEVELOPMENT GROUP,LLC 155 W.NEW YORK AVENUE SOUTHERN PINES,NC 28387 July 28,2014 CEB 12409 W.Indian School Rd.C303,Avondale,AZ 85392 Phone (623)-536-1993 .! •>3i VNMi^\fe July 28,2014 TSC-FOUNTAIN MILLS DESCRIPTION OF PROPOSAL The proposed development consists of one new retail building,21,702 s.f.±,and an associated hay barn building,1,250 s.f.±, on a 4.02 acre (±) parcel (net area) that sits on a portion of Parcel A of "Replat of Lots 1 and 2 of Fountain Hills Final Plat 705" (Bk.468, Pg.3, MCR) and is located at the northeast cornerof Shea Boulevard and Monterey Drive. The proposed improvements arenot phased. The proposed development is a new retail building, Tractor Supply Company (TSC), with associated site improvements.The TSC is a large retail storechain that offers productsfor home improvement, agriculture, lawn and garden, clothing, and livestock, equine and pet care. Stores supply the unique products to support their customer's rural lifestyle, from welders and generators to animal care products and men and women's workwear. Standard hours of operation are Monday through Sunday 7am-8pm. TSC stores are primarily located in rural areas and outlying suburbs of major cities. This proposed Tractor Supply store has 17,709 square feet of inside retail space with 23,761 square feet of stockroom and outside space used to display agricultural fencing, livestockequipment and horse stalls. RELATIONSHIP TO SURROUNDING PROPERTY The proposed development expects to have a positive impact on the surrounding area and neighborhood. TSC will provide products and services to support a rural lifestyle matching the surrounding developments.The standard hours of operation are reasonable considering the neighboring residential area, as they open and close at practical times. Loudoperationsor noisesare not typical for TSC stores. TSC fits the intended zoning of C-2 with slight modificationsthrough a Development Agreement with the Town of Fountain Hills, including but not limited to adjusted parkingcalculations,outdoor display areas and adjusted detention volume requirements. 12409 W. Indian School Rd.,C-303,Avondale,AZ 85392 Phone (623)-536-1993 'ISC-FOUNTAIN HILLS PROPOSED DEVELOPMENT STANDARDS July 28,2014 The parcelis currentlyzoned C-2,Intermediate CommercialZoning. TSC storesmeet the retail type uses stated in the Town's C-2 zoning description. The following are standards for C-2 zoning and DevelopmentAgreementrequests,and howthey relateto the planningand design of the development: ApplicableRequirement Response Minimum Lot Area -6,000 sf Willcomply Minimum Lot Width -60 If Willcomply Minimum Building Height-40 ft Willcomply Minimum Yard Setbacks Front-10 ft Willcomply Side- 25 ft(Adjacent Residential)Willcomply Street Side-Oft Willcomply Rear-10 ft Willcomply Maximum LotCoverage- 60%Willcomply Outdoor Display- Subjectto SpecialUse Permits Outdoor display proposed and addressed with Town by DevelopmentAgreement Outdoor Lightingto be inconformance with Town provisions. Lightingshall be placed to reflectaway from residentialzoning. Willcomply Outdoor use ofa commercial nature adjacent to residential zone boundary shall be screened by 8 ftwall. Willcomply Required Parking Ratios Retail-1/250 sf Development Agreement to allow parking ratio forretail-1/300 sf Outdoor Display/Stockroom(Warehouse)-1/800sf Development Agreement to allow parking ratio forwarehouse- 1/900 sf Required Retention/Detention Volume Greater of Pre.vs.Post OR First Flush Development Agreement to allow minor reduction of required volume to 8,000 cf ARCHITECTURAL DESIGN GUIDELINES The exterior of the building is constructed in Split face C.M.U. painted in neutral colors Sanderling (LRV 31%) to 4'-0"and at Pilasters and Urban Putty (LRV 54%) from 4'-0"to top of E.l.F.S.Cornice.There are Pilasters on the building comers and at control joint locations along the sides of the building with decorative E.l.F.S. cornice at the top of each wall. The Parapetsare extended above the roof line to screen the Roof Top Units from pedestrian view all the way around the building. Scuppers will be installed with downspouts on the rear of the building to drain water from the roof. The roof will be a T.P.O. Membrane Roof. There is an 12409 W. Indian School Rd.,C-303,Avondale,AZ 85392 Phone (623)-536-1993 July 28,2014 TSC-FOUNTAIN HILLS exterior vestibule that is enclosed with an E.l.F.S structure and Gabled Standing Seam Metal Roof (Colonial Red)above the vestibule with Split Face C.M.U.columns at the entrance comers. Added architectural elements include 4'-0"deep awnings w/standing Seam Metal Roof (Colonial Red), Faux Bam Shutters,and decorative Gooseneck Light fixtures (front elevation only). The wall pack light fixtures on the side and rear of the building will be LED fixtures that are Dark Sky compliant. The Fenced Outdoor Display Area will have a Black Aluminum Tube Fence surrounding the merchandise to be displayed in that area.Additional Screen Wall has been added to the rear of the building to screen loading area from street view as well as a dumpster enclosure to hide dumpsters from public view. LANDSCAPING STRATEGY &DESIGN The proposed landscape for the Tractor Supply Company store will be a reflection of the natural desert environment that enriches the image of the Fountain Hills community. This will be achieved by utilizingon-sitesalvagematerialand throughthe integration of indigenousplantspeciesthat blend seamlesslywith the abuttingCereus Wash. To furtherpreservethe integrity of the property,all of the existing saguaro cacti currently located on the site will be salvaged and thoughtfully relocated to enhance entry focal points and new native plant groupings. The overall landscape will complement the architecture of the building as well as the neighboring surroundings. 12409 W. Indian School Rd.,C-303,Avondale,AZ 85392 Phone (623J-536-1993 VICINITY SCALE: 12409 W.INDIAN SCHOOL RD. SUITE.C-303 AVONDALE,AZ 85392 PH: (623)536-1993 VICINITY MAP PROJECT:TSC FOUNTAIN HILLS CEG#14-029 12409 W.INDIAN SCHOOL RD. SUITE:C-303 AVONDALE,AZ 85392 PH: (623)536-1993 AERIAL PHOTO PROJECT:TSC FOUNTAIN HILLS CEG#14-029 LEGAL DESCRIPTION PARCEL A,OF REPLAT OF LOTS 1 AND 2 OF FOUNTAIN HILLS FINAL PLAT 705,ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,IN BOOK 468 OF MAPS,PAGE 3. 12409 W.INDIAN SCHOOL RD. SUITE:C-303 AVONDALE,AZ 85392 PH: (623)536-1993 LEGAL DESCRIPTION PROJECT:TSC FOUNTAIN HILLS CEG#14-029 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING &ZONING COMMISSION August 28,2014 Chairman Lloyd Pew opened the meeting at 6:30 p.m.The following Commissioners were present:Chairman Lloyd Pew,Vice-Chairman Mike Archambault,Commissioners Angela Strohan,Gene Slechta, Steven Harris and Howie Jones.Also in attendance were Paul Mood,Director of Development Services and Robert Rodgers,Senior Planner. Commissioner Stan Connick was absent. Chairman LloydPew requested participation inthe Pledge of Allegianceanda momentof silent reflection. ROLL CALL: Chairman Lloyd Pew Present Vice-Chairman Mike Archambault Present Commissioner Angela Strohan Present Commissioner Gene Slechta Present Commissioner Steven Harris Present Commissioner Howie Jones Present Commissioner Stan Connick Absent CALL TO THE PUBLIC No one wished to speak. AGENDA ITEM #1 -CONSIDERATION OF APPROVING THE MEETING MINUTES OF THE REGULAR MEETING OF THE PLANNING &ZONING COMMISSION DATED JULY 24.2014. Commissioner Angela Strohan MOVED to APPROVE the meeting minutes dated Thursday,July 24, 2014, as written.Commissioner GeneSlechta SECONDED.A roll callvotewastakenand the MOTION CARRIED 6-0 by those present. Chairman Lloyd Pew Aye Vice-ChairmanMike Archambault Aye Commissioner Angela Strohan Aye Commissioner Gene Slechta Aye Commissioner Steven Harris Aye Commissioner Howie Jones Aye AGENDA ITEM #2 -CONSIDERATION OF A CONCEPT PLAN FOR THE TRACTOR SUPPLY COMPANY DEVELOPMENT OF A 4.02-ACRE COMMERCIAL PROPERTY AT 17130 E.SHEA BOULEVARD.CASE NUMBER CP2014-01. Senior Planner Robert Rodgers gave a presentation and included a brief PowerPoint presentation on this agenda item. He explained that the application requests two things and said that there will be one presentation on the Concept Plan and the Special Use Permit. He stated that the requests are for approval of the Concept Plan and a positive recommendation regarding the proposed Special Use Permit for the outdoor storage areas. He advised that the application has been brought forth by Nicholas Brown of Cottrell Engineering on behalf of the Tractor Supply Company for the property located at the southeast corner of Shea Boulevard and Monterey Drive (17130 E. Shea Boulevard). He added that it abuts Cereus Wash on its south end, is 4.02 acres in size and is currently vacant. He noted that the existing zoning is C-2,Intermediate Commercial,and said that the proposed use is a permitted use. Mr. Rodgers reviewed the topographical plan, which shows that the property slopes towards Cereus Wash and also shows the numerous utility/drainage/hillside easements encumbering the property.He said there is residential development in the Sunrise Point subdivision and that is a direct abutter northeast of the property.He referred to the goals listed on the screen and said this proposal will allow those goals to be met and the Tractor Supply Company to develop. He advised that the Planning &Zoning Commission is being asked to approve the Concept Plan and to forward a positive recommendation regarding the outdoor storage area and the Special Use Permit to the Council. He added that the Council separately will be considering a Development Agreement in order to amend the Hillside Disturbance Requirements so that previously disturbed areas won't have to be replicated elsewhere on the property,to amend the parking requirements to require that 86 spaces be provided and it will amend the drainage requirements to require 8,000 cubic feet of retention at a minimum.He explained that access will be from Monterey Drive rather than Shea Boulevard due to the steep grade change along Shea Boulevard frontage.He further stated that the main building will be 21,702 square feet in size and the shed, the smaller building, will be about 1,280 square feet in size. He referred to the permanent outdoor display areas and reported that they are about 21,000 square feet in size. He added that the larger fenced in area on the north side will have gates at both ends to allow customers' vehicles to drive through for easier pickup. He noted that lighting will be designed to conform to the Dark Sky Ordinance, street frontages will be landscaped according to the Town's requirements,all signage will be by separate permits and will conform to the Town's requirements and there will be two retention basins, which will provide for 8,000 cubic feet of volume. He pointed out that Cereus Wash is already protected by a Hillside Protection Easement so no new hillside easements are required. Mr. Rodgers advised that there is an existing block wall along the back side of the abutting house lots, which is about six feet tall now, and that it is proposed to be raised to eight feet. He said that if the HOA (Homeowners Association) decides not to cooperate with that then the applicants would build their own eight-foot wall on their side (an eight-foot wall is a zoning requirement for the property). He stated that there is a ten-foot buffer inside of this property which would be landscaped. He added that the fence that is being proposed around the outdoor storage area looks similar to a wrought iron fence but is a tubular aluminum design and the pictures he has seen showed it painted black so that is what he would assume they would do unless the Commissioners have another request. He referred to certain hillside areas depicted on a slide, located outside of the Cereus Wash area, and said that they are not natural grade; the land was previously disturbeda longtime ago. He pointedout that the proposal requeststhat these areasmaybe disturbed without the requirement to replicate them elsewhere on the site. Mr.Rodgers informed the members of the Commission that thecompany understands thateach community hasitsown characterand imageand they routinely designtheir buildingsto fit in with the community whenever possible (theydo not insist on a "one facade fits all" type of design). He referred to slides that showed various designs located in different partsofthe country andto the architectural elevations andcolorschemesthatare being proposed.He showed the members a similar projectthat was developedin Wickenburg and said that staff recommends that the Planning & Zoning Commission approve the Concept Plan and also that they forward a recommendation for approval of the Special Use Permit totheTown Council,allsubjecttotheterms outlined inthe Development Agreement andanyother conditions the Commissioners may want to include this evening. He noted that the applicants are present to answer any questions the Commissioners might have andsaidtheydidnot intend to make theirown presentation unless thatis the desire of the Commissioners. Commissioner Slechtaasked how many commercial properties located along the entire length of Shea Boulevard in Town have residential properties abutting a commercial property. Mr.Rodgers replied virtually everyone,maybe not Target Plazabut even they might have some residential on the north end. Commissioner Slechta stated that he wants to be sensitive to the neighborhood, as they all do, and with the front of the building facing a side street,some concerns are raised thathe will talkabout later.He advised thatthereisa property across the road where the Coffee Bean Kiosk was that has two exits out onto Shea and also one off of a side street, which for some reason,perhaps sensitivity to the neighborhood,is closed.He commented that he is not recommending that for Monterey Drive but he is sensitive to this particular complex because houses directly abut the property. He asked to speak directly with the applicant. Mr.Nicholas Brown of CEG came forward as well as Dave Long from Fountain Hills Development.Commissioner Slechta asked why there is no entrance on Shea Boulevard and Mr. Brown stated that the main reason why they chose not to use a Shea Boulevard entrance was because of the extreme grade change (approximately nine feet of fall and they would have to raise the building up at least nine feet). He noted that the fill would represent an extreme cost and also there are height restrictions on the building.Commissioner Slechta commented that not having an entrance to the business on Shea Boulevard would certainly impact the number of customers coming into that establishment and he said that he is concerned about that because everyone wants the company to be successful.He further stated that the current plan would also definitely increase the traffic on Monterey for a number of reasons and that it is a residential neighborhood. Mr. Brown advised that they had a traffic analysis completed for the project and stated that Tractor Supply Company is a relatively low traffic volume producer.He added that customers typically come into the store and buy in bulk and the analysis showed that at the peak hours only 39 vehicles would make a right-hand turn into their site and only 10 a left-hand turn for a total of 49 peak-hour vehicles. Commissioner Slechta commented that he also had some safety concerns,not only for the pedestrians and residents along Monterey but also for the customers. He stated that if they had an entrance on Shea he thinks it would be safer for the customers to get to the store and to exit (fewer turns and less risk for drivers,customers and residents). He said that the business will not be easily identifiable because the front entrance will be on Monterey, which is a side street. Mr. Brown advised that functionally the building and the operations would not work if it was rotated 90 degrees counter clockwise and facing Shea Boulevard.He noted that there would not be any up-front parking, no way to get the delivery trucks in and no way to display the merchandise that is required to be permanently displayed. He added that the best workable solution is what the Commissioners are seeing before them this evening. Vice-Chairman Archambault referred to the driveway and said that it has been moved all the way to the upper corner of the lot yet there is an entrance location probably center of that distance right there. He stated that he drove by that a couple of times and it appears to him that they could use that entrance by just coming in that way and it would pull the tractor trailers that are coming in to service the store away from the residences providing a distance buffer. He questioned whether that would be feasible. Mr. Brownrespondedthat they originally tried to work a site plan in using that existing driveway location but one of their main concerns was turning movements and conflicts between the two driveways, this one and the one across the street for Firerock Plaza. He said that they lined those two driveways up so that there would not be any turning conflicts. He added that they believe as far as traffic safety that this is the best way to proceed. Vice-Chairman Archambault commented that he is not necessarily concerned with the car traffic that will go through there but rather the semi trucks that will go through there and the noise that they generate. He acknowledged the fact thatthe companyhas a policythat requirestrucks to only go in and out during businesshours. Mr. Brown informed the Vice-Chairman that he anticipates only one or two semi trucks a week going in/out of the business. Vice-ChairmanArchambault advised that he isgood with that and he understands why the driveway is where it is now. Headdedthat he had forgotten aboutthealignmentandagreedthat it isan important alignment because they definitely want the best traffic safety practices in place. Vice-Chairman Archambault further stated that the Town's Zoning Ordinance,Chapter 19,(9.03,Paragraph D)talks about avoiding monotone appearances and creating different angles.Hesaidthathe understands why the front ofthe store looks likethatbuthewas wondering whether it would be more attractive ifthey clipped thecorner (they have a store in another part ofthe country where the corner isthe entrance).He stated thatheis wondering whether there isa way to break it up by putting the entrance on a corner.He commented that obviously they would not have a large parking lotoutin front of something like that.He provided Mr.Long with a photo of the store he was referring to, which was on the company's website. Mr. Long said that to be honest the photo does not look like the Tractor Supply Company and he believes that it is Blue Valley Tractor Supply.He added the company does not favor such Walgreens-type corner entrances because they believeit confuses their customersand, in addition,they wantthe parkingto be veryclose by because customers are carrying out large and often times heavy purchases. Vice-Chairman Archambault referred to the columns in the proposal and asked whether they will be stone or stucco and Mr.Longstatedthat they would be split-facedblock(that is whatthe entire building is). The Vice-Chairman stated that he is trying to picture how it will look and reported that when the Four Peaks Center was built(whereTarget is located)there weresome complaintsfrom residentsacrossthe streetwho wouldbe looking down on it. He noted that this is the entrance to Fountain Hills and emphasized the importance of making it as pleasing as possible. He asked whether they could change some of those structures and have them be made of stone instead of split-faced blockjust to provide some deviation and difference in texture. He commented that he isjust offeringsomesuggestionsbecausehe would liketo changethe lookof that building. Mr. Long displayed a proto-typical building to show where they started and what they tried to specifically design for Fountain Hills to make it look as Southwestern as possible. Vice-Chairman Archambault noted that Paragraph G of 9.05 talks about avoiding standardized corporate design themes and also talks about avoiding corrugated roofing and metals. He referred to a picture he has of the front of the store and Mr. Long advised that it is a standard prototype and the picture is of the Prescott Valley store. He pointed out that they have changed the awnings to be non-reflective metal per the Fountain Hills Code. The Vice-Chairman asked why they didn't just extend that around the side of the store and Mr. Long replied that the company believes wrapping it around the store creates confusion.Vice-Chairman Mike Archambault questioned whether they could change the mansard out front with the display areas to tile rather than metal. He reported that there is only one building on Shea Boulevard with a metal roof and all of the others are either tile or flat. Mr. Long advised that the proposal before the Commissioners is exactly what the company wants to build. Vice-Chairman Mike Archambault commented that he would love to see the Tractor Supply Company open a store in Town and noted that it is a great store with a good mix of products. He added, however, that he would like to see something that fits closer to what other buildings look like at the entrance to Fountain Hills than what is being proposed.He said that that is why he was asking about placing stone around the columns just to break it up a little bit and maybe change the metal roofs to tile. Mr. Long presented the Commissioners with an alternative concept plan to break up the south building elevation and add some faux windows with shutters that go along with the Southwest feel. He stated that it dresses up the south portion and it won't look like a straight sloped roof. Vice-Chairman Mike Archambault said that he noticed that there was a step design in there so there won't just be a big wall for people to look at and he appreciates that. He added that he just wanted to point out a few things that he thought might help improve the look of the area and maybe draw some more residents in there. Chairman Lloyd Pew referred to the last drawing that was handed out and asked if that was something that is being contemplated as an option (the one the Commissioners were just handed)and Mr. Long advised that they would be willing to do that. The Chairman noted that the design did add a lot of different variations to the structure and the barn shutters helped also. Hediscussedtheirsignageand SeniorPlannerRobert Rodgers advisedthatallofthe signage will be by separate permit and will comply with the zoning ordinance requirements. Chairman Lloyd Pewaskedwhattype of screeningwillbe usedonthe backof the building(atree,landscaping,etc.). Mr. Brown advised that they plan to landscape the entire frontage along Shea Boulevard according to Code and have also designed an 8-foot screen wall along the concrete loading area in the rear. He stated that that will screen the loading dock and the forklift area. He pointed out that they still need access for trucks to make it around the 8-foot wall and to the loading dock. Vice-Chairman Mike Archambault commented that on the Shea Boulevard side they have a 9-foot drop and asked whether a retaining wall is being planned for that area. Mr. Brown referred to the slope from the proposed new sidewalk that they are going to be doing and said that it will meet natural grade from design grade. He added that they tried to minimize the fill required for this site with their engineering design. In response to a question from Commissioner Harris,Mr.Brown stated that the floor level is at an elevation of 48'and the street is about 54'so they are about six feet lower than Shea Boulevard. Commissioner Howie Jones noted that the Vice-Chairman made the comment about when you come off of the Beeline Highway you are entering Fountain Hills and said that his view is that the original side building facade facing Shea Boulevard to him as a Fountain Hills resident would not be acceptable. He added that the alternative presented this evening would be acceptable and he believes there is a world of difference between the two. He said that since they are going to draw on bulk sales, he is curious what it was about the demographics of Fountain Hills that drew them to this location. He advised that he wants everyone to be successful and they already have vacancies along Shea so he was curious which bulk products and services the company believes will draw the customers into the store from the surrounding areas and the Town. Mr. Long responded that the surrounding areas have a demand for feed and edible products and they do not just sell farm equipment,they are a hybrid of many different stores, and people will come in to buy pet food, clothing, etc. He emphasized that the draw is that there is no type of store like this anywhere in the northeast valley where they are right now. He noted that the location meets all of the criteria for a Tractor Supply Company store. Commissioner Howie Jones pointed out that there is a pet food store within half a mile of there and a lot of clothing stores and said he is still curious as to what other type of consumables there are that will drive the total retail of the store so that it is successful. Mr. Long said that he has brought a blue book containing a list of all of the merchandise they carry and indicated his willingness to flip through the book and name some. Commissioner Howie Jones clarified that he is looking for the products that are going to drive this store rather than a menu of all products (the 80-20 rule) and Mr. Longapologized and stated that he does not havethat answer. Commissioner Howie Jones referred to the HOA for the property behind the business and asked if 8 feet is not sufficient for them (as far as the wall) for their privacy, he wanted to know how many feet of perimeter they will have to fund. Mr. Brown advised that they are proposing to have shade trees in that 10-foot landscaping area along the neighborhood boundary and they hope that that will provide some additional privacy, some sound reduction and even some shade. He expressed the opinion that some landscaping would be a lot better than adding additional wall to look at. He reported that the tree spacing is currently at 55 feet but in order to increase the buffering/screening they would be willingto increase the number of trees (24"-box desert willows) and place them 25' apart. CommissionerAngela Strohan referred to the landscapingand said that there are going to be lots that back up to the storage area that will not have the 10-foot buffer area and it looks like the pavement is going all the way up to the wall. Mr. Long explained that that is the storage and display area and it is not a parking lot area. He added that they are proposing to put in an 8-foot screen wall where normally that in the minimum sense would just be a chain link fence. He noted that they had originally proposed the full wrought iron and now they have upgraded it to an 8-foot block screen wall. Commissioner Angela Strohan asked if there was any way to continue the 10-foot landscape buffer through there and Mr. Long replied that the store has a minimum outdoor display area of 15,000 feet and that is what they are showing now so if they narrowed that, they would lose any truck maneuverability they have in the back. In response to a question from Commissioner Angela Strohan regarding the extra traffic that is going to be drawn into this area and the possible need for a traffic signal, Mr. Rodgers reported that the traffic report did not indicate a need for one so he would say one is not needed. He also clarified that the requirement for a 10-foot buffer is only for a parking area and not for a storage area as was discussed. Commissioner Gene Slechta discussed the Site Plan and the 1,250-square foot hay bam that is called a forage shed somewhere else and commented on the fact that there are no details in the plan as far as what the structure will look like. Mr. Long advised that they do not have any specifications with them this evening but they can get that information and provide it. He provided a brief description of the building and indicated his intention to provide that information in the packets that are provided to the Council. Commissioner Gene Slechta confirmed the importance of ensuring the aesthetic appearance of the building and said that he would like the canopy roofs to be tile rather than metal.He further stated that he would like to see a whole lot more stucco since virtually every building on Shea Boulevard has stucco and asked if these are things that the applicant can deal with. Mr. Long responded that they would have to pose those questions to the principles of Tractor Supply Company and said that as it is they are trying to maintain brand identity. Commissioner Gene Slechta pointed out that the Town has a brand as well, a southwest flavor with a lot of stucco and tile so he would appreciate Mr.Long pursuing these requests. In response to a request for clarification of the Ordinance from Commissioner Gene Slechta, Mr. Rodgers reiterated that the zoning ordinance requires only the storage area to be enclosed with an 8-foot wall and not the entire property. He added that the ordinance also requires a Special Use Permit if they do not want to do the wall and that is why they are requesting that for the fencing. Vice-Chairman Archambault asked whether the closer distance between trees in the buffer area as discussed above should be part of the approval and Mr. Rodgers stated that that could be a stipulation but a full landscaping plan has not been submitted,that will come in with the building plans. Vice-Chairman Archambault MOVED to approve the Concept Plan for the Tractor Supply Company on the 4.02-acre commercial site with three added stipulations, (1) that they change landscaping plans to have tree separation at 25 feet insteadof 55 feet; (2) incorporate the new building elevations that were presented to the Commission this evening; and (3) more details on the storage shed which match the style of the new architectural elevations be forwarded to the Council.Commissioner Howie Jones SECONDED and the MOTION CARRIED 5-1 with Commissioner Gene Slechta voting Nay. AGENDA ITEM #3 -PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW THE TRACTOR SUPPLY COMPANY DEVELOPMENT OF A 4.02-ACRE COMMERCIAL PROPERTY AT 17130 E.SHEA BOULEVARD TO INCLUDE PERMANENT OUTDOOR DISPLAY AND STORAGE AREAS.CASE NUMBER SU2014-04. Chairman Lloyd Pew opened the Public Hearing at 7:27 p.m. He stated that two members of the audience wished to speak on this item. Patricia Radomski addressed the Commissioners and thanked everyone for their comments tonight,especially those who expressed concern regarding the residents who live adjacent to this property. She stated that she is one of those residents and her property backsup to the parkinglot and the fenced area that is goingto housethe equipment.She said that she was originally told that there would be a 10-foot fence adjacent to that property line separating the residents from this development.Sheadvisedthat she isconfusedafter listeningto the dialogue because nowit sounds like it is going to be the existing 6-foot fence with a 10-footbuffer or barrier with trees up until the part that starts to housethe equipmentand then it isgoing to be an 8-footfence. She stated that her concerns includethe appearance,the noise, and safety. She pointed out that the house that sits at the very corner of Monterey and Rockwoodhas a family and asked about the young children who are out there playing. She noted that right there is where the semi-tractors are turningand entering. She also mentioned individuals who mightwant to sleep in on a Saturdaymorningand advised that the bedrooms face where that driveway comes in off of Monterey. She informed the members that she has had her house upforsale since May 1st and although shehas done everything she could to sustain the value ofthe property she has been getting questions about what is going to go on behind the house and what it is going to look like. She added that from her home she has a view of Red Rock and she would like to think that that view will be sustained.She questioned whether the HOA is going to be able to financially help the residents build a wall to separate the business from the homeowners'backyards.She reiterated that she is worried about the dimensions of the wall and where it is going to begin. Angela Coughlin addressed the Commissioners and said she too is a resident of Sunrise Point. She noted that almost all of the businesses along Shea are empty and Kern Plaza is empty with the nice turns off of Shea. She listed a number of closed businesses and stated that she just does not see the draw of a tractor supply store in this area. She stated that it seems like it should be in Cave Creek or Rio Verde. She pointed out that during the summer months the Target store can sometimes struggle to sustain itself. She expressed concerns regarding her property value and questioned whether she is going to be stuck with a house that she cannot sell because there is a huge tractor supply store behind it. She also expressed traffic and safety concerns and reiterated that she does not see the need for this type of business in Town. There being no additional speakers,Chairman Lloyd Pew closed the public hearing at 7:34 p.m. Chairman Lloyd Pew thanked the speakers for their comments. AGENDA ITEM #4 -CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW THE TRACTOR SUPPLY COMPANY DEVELOPMENT OF A 4.02-ACRE COMMERCIAL PROPERTY AT 17130 E.SHEA BOULEVARD TO INCLUDE PERMANENT OUTDOOR DISPLAY AND STORAGE AREAS.CASE NUMBER SU2014-04. Commissioner Gene Slechta requested clarification from the applicants regarding the display areas. Mr. Long explained that the display area exhibits included in the Commissioners'packets are just examples and those numbers are for reference only. Mr. Long noted that the only fenced-in display area will be the fenced outdoor display area, approximately 15,000 square feet immediately adjacent to the building and approximately 8,000 additional square feet will not be fenced. Commissioner Gene Slechta pointed out that that is more square footage than their entire building and the applicants concurred.He added that the open displays go out 45 feet and looking at their other stores on the website,virtually all of them go out 10,15 or maybe 20 feet from the building front and questioned why the difference. Mr. Long stated that street-side display is not permitted in Fountain Hills so they relocated it to this area on the north side of the property. Mr. Long clarified that the original Site Plan had an equipment and trailer display area out towards the street as nearly all of the TSC stores have that. He advised that they were told that this would not be permitted and so they brought the location back towards the building. He further stated that in order to meet Tractor Supply's square-foot area requirements for displays,the 45-foot width is needed. The normal width is 25 feet. Commissioner Gene Slechta referred to the 45-foot area and asked whether that could be screened to enhance aesthetics and then only a screened wall would be seen from Shea but on the Monterey Road side it would be open where there is less traffic. Mr. Long replied that the company wants the display areas to be seen so screening them defeats that purpose and would most likely not be an option. Vice Chairman Mike Archambault discussed the aluminum fencing that is going to enclose the hay storage building area and asked whether there is going to be some type of slats or other barriers so people cannot actually see back in there. Mr. Longadvised that there are no slats between the fence rails proposed and the only way to see intothat area will be from the east and the west sides. In responseto a question from Commissioner Slechta, Mr. Rodgers confirmed that the Special Use Permit is going to be specific to the Tractor Supply Company site design. He added that if another business came in and wanted to changeit inanywaythentheywouldhavetoget theirownSpecialUsePermit. Healso confirmed that potentially any businessthat came in after this one could use the display areas in the same exact manner as long as they did not change anything about the area or the display. Vice Chairman Mike Archambault MOVED to recommend to the Council the approval of the Special Use Permit to allowtheTractor Supply Company to developthe 4.02-acre commercial site at 17130 EastShea Boulevard to include permanent outdoor display and storage areas.Commissioner Steven Harris SECONDED the motion and the MOTION CARRIED 5-1 with Commissioner Gene Slechta voting Nay. AGENDA ITEM #5 -COMMISSION DISCUSSION/REQUEST FOR RESEARCH TO STAFF. Items listed beloware relatedonly to the propriety of (i) placing items on afuture agendafor action or (ii) directingstaffto conductfurther researchandreportbacktothe Commission. None AGENDA ITEM #6-SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER. None AGENDA ITEM #7 -REPORT FROM SENIOR PLANNER &ZONING ADMINISTRATOR.PLANNING AND ZONING DIVISION OF DEVELOPMENT SERVICES. SeniorPlannerBob Rodgersstated that CommissionerStan Connick is undergoingexploratoryheartsurgeryright now and that is why he was not able to make it to the meeting. Mr. Rodgers added that he will be off next week and wished everyone a good weekend holiday. AGENDA ITEM #8 -ADJOURNMENT. Vice-Chairman Mike Archambault MOVED to adjourn and Commissioner Steven Harris SECONDED and the MOTION CARRIED 6-0. The meeting ADJOURNED at 7:43 p.m. FOUNTAIN HILLS PLANNING &ZONING COMMISSION BY: Chairman Lloyd Pew ATTEST: Robert Rodgers,Senior Planner CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 28th day of August, 2014, in the Town Council Chambers, 16705 E. Avenue of the Fountains,Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this _____day of August,2014. Robert Rodgers,Senior Planner 1 )wn of Fountain Hills Staff Presentation /CS \\w «r ."__| Tractor Supply Company 171 30 E.Shea Blvd 9/9/2014 9/9/2014 9/9/2014 lendation Planning &Zoning Commission Forwarded a recommendation lor Approval •ecommends Approval 2220739.1 RESOLUTION NO. 2014-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND TRACTOR SUPPLY COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Development Agreement between the Town of Fountain Hills and Tractor Supply Company is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, September 18, 2014. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 2220739.1 EXHIBIT A TO RESOLUTION NO. 2014-40 [Development Agreement] See following pages. 2216542.5 WHEN RECORDED RETURN TO: Town of Fountain Hills Attn: Town Clerk 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into September 18, 2014, (the “Effective Date”) by and between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the “Town”) and FOUNTAIN HILLS DEVELOPMENT GROUP, LLC, a North Carolina limited liability company (the “Developer”). The Town and Developer are sometimes referred to herein collectively as the “Parties,” or individually as a “Party.” RECITALS A. Developer has a real estate purchase contract for the acquisition of approximately 4.02 acres of real property located at the southeast corner of Shea Boulevard and Monterey Drive, Fountain Hills, Arizona, as more particularly described and depicted in Appendix A of the “Project Narrative Report for TSC Fountain Hills,” date stamped July 28, 2014, by Nicholas E. Brown (the “Project Narrative”), which is attached hereto as Exhibit A and incorporated herein by this reference (the “Property”). B. It is the Developer’s intention to develop the Property as a retail store offering products for home improvement; agriculture; lawn and garden; clothing; and livestock, equine and pet care (the “Project”). C. The Town has determined that encouraging the development of the Property pursuant to this Agreement will result in significant economic and other public purpose benefits to the Town and its residents by, among other things (i) the construction of public improvements, (ii) the development of the Property in a manner consistent with the Town’s General Plan, (iii) an increase in sales tax revenues to the Town arising from or relating to the development of the Property and (iv) the creation of new jobs and otherwise enhancing the economic welfare of the residents of the Town. D. The Parties understand and acknowledge that the Town seeks assurances from the Developer that the Developer will complete the acquisition of the Property and thereafter develop the Project on the Property in accordance with the “Plan of Development” (defined in Section 3.1 below), including the Project Narrative. 2216542.5 2 E. The Parties understand and acknowledge that this Agreement is a “Development Agreement” within the meaning of and entered into pursuant to the terms of ARIZ.REV.STAT. § 9-500.05, in order to facilitate the proper development of the Property by providing for, among other things (i) conditions, terms, restrictions and requirements for the Property by the Town, (ii) the permitted uses for the Property, (iii) the density and intensity of such uses and (iv) other matters related to the development of the Property. The terms of this Agreement shall constitute covenants running with the Property as more fully described in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing 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 Developer hereby agree as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated by this reference as if fully set forth herein. 2. Term and Effective Date. The Developer, its successors and assigns, shall have the right to implement development on the Property in accordance with this Agreement for a period of five years from the date this Agreement is approved by the Mayor and Town Council of the Town (the “Town Council”), at which time this Agreement shall automatically terminate as to the Property without the necessity of any notice, agreement or recording by or between the Parties (the “Term”); provided, provisions of this Agreement that specifically survive the termination of this Agreement shall remain in full force and effect, subject only to the termination provisions herein specifically related thereto. This Agreement shall become effective only upon approval by the Town Council. 3. Development Standards. 3.1 Plan of Development. The various exhibits attached hereto and this Agreement collectively constitute a “Plan of Development” which includes modifications to the Town of Fountain Hills Subdivision Ordinance (the “Subdivision Ordinance”) and the Town of Fountain Hills Zoning Ordinance (the “Zoning Ordinance”). It is the intent of the Parties that the Project be constructed in accordance with the Subdivision Ordinance and the Zoning Ordinance as amended by the terms of this Agreement. This Agreement is limited in scope in that its sole purpose is to allow for the limited set of modifications to the Subdivision Ordinance and Zoning Ordinance set forth herein. 3.2 Further Council Approval. The Parties hereby agree and understand that, subsequent to the execution of this Agreement, and based upon the Town’s review and due consideration, including without limitation, the conduct of the requisite public hearings, the Town Council shall consider approval of a final site plan for the Property that includes the deviations from the Subdivision Ordinance and Zoning Ordinance permitted herein. 2216542.5 3 4. Deviations from Subdivision Ordinance and Zoning Ordinance. 4.1 Hillside Disturbance. The Parties agree that the areas with slopes between 10% - 20% and 20% - 30% shown as “previously disturbed” on Exhibit B, attached hereto and incorporated herein by reference, are exempt under Subsection 5.04(B)(1)(a) of the Subdivision Ordinance as, such areas were disturbed in relation to construction of Shea Boulevard and Monterey Drive. 4.2 Parking. The Parking Ratios required in Zoning Ordnance Subsection 7.04(G) are modified to allow parking at the following ratios: Retail (17,709 sf) @ 1 space/300 sf = 59 spaces; Outdoor Display & Stockroom (23,761 sf) @ 1 space/900 sf = 27 spaces; Total minimum parking requirement of 86 spaces. 4.3 Special Use Permit. A Special Use Permit according to Zoning Ordinance Subsections 12.05(C) and 12.07(A) is hereby granted for Permanent Outdoor Display Areas as depicted on the Display Area Exhibit included in Appendix B of the Project Narrative (Exhibit A to this Agreement). 4.4 Drainage. The Drainage Detention Requirements of the Zoning Ordinance Section 3.08 and Town Code Section 14-7 are modified to require that the Property provide a minimum detention volume of 8,000 cubic feet and be developed in accordance with the Preliminary Grading and Drainage Plan attached hereto as Exhibit C and the Drainage Report for TSC Fountain Hills attached hereto as Exhibit D, each of which are incorporated herein by reference. 5. Developer’s Obligations. Developer shall perform all of its duties as set forth in this Agreement. Developer’s failure to timely perform its obligations as set forth below shall constitute a breach of this Agreement and shall cause the immediate termination of this Agreement upon expiration of the applicable cure period without further action by the Town Council. 5.1 Zoning Adherence and Performance. Developer agrees to develop the Project in accordance with the C-2 zoning district as modified by this Agreement. 5.2 Acquisition of the Property. Developer agrees to complete the acquisition of the Property (close escrow and confirm ownership) for development of the Project not later than six months after the Effective Date. 5.3 Construction Documents. Developer shall prepare and submit to the Town for the Town’s review and approval, the construction documents for the Project in accordance with all of the Town’s requirements. 5.4 Construction on Property. Developer shall submit complete construction documents for the Project, receive building permits for vertical construction on the Property according to such construction documents, and commence construction on the Property of such vertical components of the Project not later than 18 months after the Effective Date. For the 2216542.5 4 purposes of this Subsection, (A) “vertical construction” shall mean construction of exterior walls of the retail buildings on the Property and shall also include adjacent horizontal hardscape, surface stabilization and all related activities and (B) “commence construction” shall mean the mobilization of sufficient construction resources to the Property to complete the Project according to the Town’s requirements. 5.5 Building Permits. Developer shall secure all grading, building and construction permits that may be required by the Town and any other governmental agency prior to starting any site grading or construction activities on the Property. 5.6 Developer Infrastructure Improvements. Developer shall design, construct and dedicate to the Town public sidewalks and landscaping of the public right of way associated with the Project (the “Infrastructure Improvements”). The Town will review and approve the Infrastructure Improvements needs as part of its approval of the construction documents. 5.7 Infrastructure Assurance. Prior to the commencement of construction of any Infrastructure Improvements, the Developer shall provide appropriate assurances in such form and amount as required by the Town Engineer to assure that the installation of Infrastructure Improvements within the Property or other Infrastructure Improvements directly related to such building permit or permits will be completed (the “Infrastructure Assurance”). 5.8 Dedication and Acceptance. Upon completion by Developer of any public Infrastructure Improvements, the Developer shall promptly (A) notify the Town in writing of the presumptive completion of such Infrastructure Improvements and (B) dedicate to the Town, at no cost to the Town, such Infrastructure Improvements free and clear of all liens and encumbrances and in accordance with Town standards applicable to such dedication and acceptance. So long as such Infrastructure Improvements are constructed in accordance with Town standards, as verified by the inspection of the completed Infrastructure Improvements by the Town Engineer, all punch list items have been completed and the Infrastructure Improvements are free of any liens and encumbrances, the Town shall accept the Infrastructure Improvements. The Town shall notify the Developer, in writing, of the Town’s acceptance of the Infrastructure Improvements. Acceptance of any Infrastructure Improvement is expressly conditioned upon Developer providing a warranty for such Infrastructure Improvement consistent with Town standards and as provided in Section 5.9 below. After acceptance of any Infrastructure Improvements, the Town thereafter shall maintain, repair and operate such Infrastructure Improvements at its own cost, which obligation shall survive any termination of this Agreement. Developer, at no cost to Town, shall dedicate, convey or obtain, as applicable all rights-of-way, rights of entry, easements and/or other use rights, wherever located, as useful or necessary for the operation and maintenance of the Infrastructure Improvements as required by the Town. 5.9 Warranty. Developer or its assignee shall give to the Town a one-year warranty for all Infrastructure Improvements or other such warranty as required by the Town Engineer, which warranty shall begin on the date that the Town accepts the Infrastructure Improvements as provided in this Section. Any material deficiencies in material or workmanship identified by Town staff during the one-year warranty period shall be brought to the attention of the Developer or its assignee that provided the warranty, which shall promptly remedy or cause 2216542.5 5 to be remedied such deficiencies to the reasonable satisfaction of the Town Engineer. Continuing material deficiencies in a particular portion of the Infrastructure Improvements shall be sufficient grounds for the Town to require (A) an extension of the warranty for an additional one-year period and (B) the proper repair of or the removal and reinstallation of, that portion of the Infrastructure Improvements that is subject to such continuing deficiencies. Regardless of whether the applicable warranty period has expired, the Developer agrees to repair any damage to the Infrastructure Improvements caused by Developer’s construction activities on the Property. Nothing contained herein shall prevent the Town or Developer from seeking recourse against any other third party for damage to the Infrastructure Improvements caused by such third party. 6. Default. If either Party fails to perform any obligation, and such Party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non- defaulting Party, such Party will be in default. In the event of such default, the non-defaulting Party may terminate this Agreement and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting Party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting Party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting Party immediately commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 60 days. 7. General. 7.1 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Kenneth W. Buchanan, Town Manager With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to Developer: Fountain Hills Development Group, LLC 155 W. New York Ave, Suite 200 Southern Pines, North Carolina 28387 Attn: Linda Suydam 2216542.5 6 Post Development Group, LLC 155 W. New York Ave, Suite 200 Southern Pines, North Carolina 28387 Attn: Linda Suydam or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 7.2 Amendment. No amendment or waiver of any provision in this Agreement will be binding (A) on the Town unless and until it has been approved by the Town Council and has become effective or (B) on Developer unless and until it has been executed by an authorized representative. 7.3 Headings; References. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of any provision of this Agreement. Any references in this Agreement to a “section” or a “subsection” shall include all subsections and paragraphs thereof. 7.4 Time of the Essence. Time is of the essence with regard to performance under the terms and provisions of this Agreement, and any amendment, modification or revision thereof, with respect to the actions and obligations of each person bound by the terms hereof. 7.5 Attorney’s Fees. If either Party commences an action against the other to interpret or enforce any of the terms of this Agreement or because of the breach by the other Party of any of the terms hereof, the losing Party shall pay to the prevailing Party reasonable attorney’s fees, costs and expenses, including expert witness fees, incurred in connection with the prosecution or defense of such action. For the purpose of this Agreement, the terms “attorney’s fees, costs and expenses” shall mean the fees and expenses of counsel to the Parties hereto, which may include printing, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals, librarians and others not admitted to the bar but performing services under the supervision of an attorney. The term “attorneys’ fees, costs and expenses” shall also include, without limitation, all such fees and expenses incurred with respect to appeals, arbitrations and bankruptcy proceedings, and whether or not any action or proceeding is brought with respect to the matter for which said fees and expenses were incurred. 2216542.5 7 7.6 Recordation. This Agreement shall be recorded in its entirety by the Town in the Maricopa County Recorder’s Office not later than 10 days after it is fully executed by the Developer and the Town. 7.7 Choice of Law; Venue. The laws of the State of Arizona shall govern any dispute, controversy, claim or cause of action arising out of or related to this Agreement. The venue for any such dispute shall be Maricopa County, Arizona, and each Party waives the right to object to venue in Maricopa County for any reason. 7.8 Assignment. The provisions of this Agreement are binding upon and shall inure to the benefit of the Parties, and all of their successors in interest and assigns. Notwithstanding anything to the contrary contained herein, upon the sale of the Project to a bona fide third party purchaser, Fountain Hills Development Group, LLC shall automatically be deleted and released from this Agreement, and shall have no further rights, obligations or responsibilities hereunder, and Post Development Group, LLC, a North Carolina limited liability company, shall be deemed the Developer as defined herein. 7.9 Third Parties. No term or provision of this Agreement is intended to, or shall be for the benefit of any person or entity not a Party hereto, and no such other person or entity shall have any right or cause of action hereunder. 7.10 No Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties hereto in their respective businesses or otherwise, nor shall it cause them to be considered members of a joint venture or joint enterprise. Each Party hereto shall be considered a separate owner, and no Party hereto shall have the right to act as an agent for another Party hereto, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. 7.11 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver of any breach shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant, or condition of this Agreement. No waiver shall be effective unless it is in writing and is signed by the Party asserted to have granted such waiver. 7.12 Further Documentation. The Parties agree in good faith to execute such further or additional instruments and documents and to take such further acts as may be necessary or appropriate to fully carry out the intent and purpose of this Agreement. 7.13 Fair Interpretation. The Parties have been represented by counsel in the negotiation and drafting of this Agreement and this Agreement shall be construed according to the fair meaning of its language. The rule of construction that ambiguities shall be resolved against the Party who drafted a provision shall not be employed in interpreting this Agreement. 7.14 Counterparts. This Agreement may be executed in counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. 2216542.5 8 7.15 Computation of Time. In computing any period of time under this Agreement, the date of the act or event from which the designated period of time begins to run shall not be included. The last date of the period so completed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. The time for performance of any obligation or taking any action under this Agreement shall be deemed to expire at 5:00 p.m. local time, (Phoenix, Arizona) on the last day of the applicable time period provided herein. 7.16 Conflict of Interest. Pursuant to ARIZ.REV.STAT. § 38-503 and § 38-511, no member, official or employee of the Town shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested. This Agreement is subject to cancellation pursuant to the terms of ARIZ.REV.STAT. § 38-511. 7.17 Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law and the Parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 7.18 Covenant of Good Faith. In exercising their rights and in performing their obligations pursuant to this Agreement, the Parties will cooperate with one another in good faith to ensure the intent of this Agreement can be attained. 7.19 Records and Audit Rights. To ensure that the Developer and its subcontractors are complying with the warranty under Subsection 7.20 below, the Developer’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to reasonable inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on the Developer’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Developer’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Subsection 7.20 below. To the extent necessary for the Town to audit Records as set forth in this Subsection, the Developer and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have reasonable access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to the Developer pursuant to this Agreement. The Developer and 2216542.5 9 its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Subsection. The Town shall give the Developer or its subcontractors reasonable advance notice of intended audits. The Developer shall require its subcontractors to comply with the provisions of this Subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 7.20 E-verify Requirements. To the extent applicable under ARIZ.REV. STAT. § 41-4401, the Developer and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV.STAT. § 23-214(A). The Developer’s or its subcontractor’s failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. [SIGNATURES ON FOLLOW PAGES] 2216542.5 10 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2014, before me personally appeared Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2216542.5 EXHIBIT A TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS DEVELOPMENT GROUP, LLC [Project Narrative] See following pages. July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 DESCRIPTION OF PROPOSAL The proposed development consists of one new retail building, 21,702 s.f.±, and an associated hay barn building, 1,250 s.f.±, on a 4.02 acre (±) parcel (net area) that sits on a portion of Parcel A of “Replat of Lots 1 and 2 of Fountain Hills Final Plat 705” (Bk.468, Pg.3, MCR) and is located at the northeast corner of Shea Boulevard and Monterey Drive. The proposed improvements are not phased. The proposed development is a new retail building, Tractor Supply Company (TSC), with associated site improvements. The TSC is a large retail store chain that offers products for home improvement, agriculture, lawn and garden, clothing, and livestock, equine and pet care. Stores supply the unique products to support their customer’s rural lifestyle, from welders and generators to animal care products and men and women’s workwear. Standard hours of operation are Monday through Sunday 7am-8pm. TSC stores are primarily located in rural areas and outlying suburbs of major cities. This proposed Tractor Supply store has 17,709 square feet of inside retail space with 23,761 square feet of stockroom and outside space used to display agricultural fencing, livestock equipment and horse stalls. RELATIONSHIP TO SURROUNDING PROPERTY The proposed development expects to have a positive impact on the surrounding area and neighborhood. TSC will provide products and services to support a rural lifestyle matching the surrounding developments. The standard hours of operation are reasonable considering the neighboring residential area, as they open and close at practical times. Loud operations or noises are not typical for TSC stores. TSC fits the intended zoning of C-2 with slight modifications through a Development Agreement with the Town of Fountain Hills, including but not limited to adjusted parking calculations, outdoor display areas and adjusted detention volume requirements. July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 PROPOSED DEVELOPMENT STANDARDS The parcel is currently zoned C-2, Intermediate Commercial Zoning. TSC stores meet the retail type uses stated in the Town’s C-2 zoning description. The following are standards for C-2 zoning and Development Agreement requests, and how they relate to the planning and design of the development: Applicable Requirement Response Minimum Lot Area - 6,000 sf Will comply Minimum Lot Width - 60 lf Will comply Minimum Building Height – 40 ft Will comply Minimum Yard Setbacks Front – 10 ft Will comply Side – 25 ft (Adjacent Residential) Will comply Street Side – 0 ft Will comply Rear – 10 ft Will comply Maximum Lot Coverage – 60% Will comply Outdoor Display – Subject to Special Use Permits Outdoor display proposed and addressed with Town by Development Agreement Outdoor Lighting to be in conformance with Town provisions. Lighting shall be placed to reflect away from residential zoning. Will comply Outdoor use of a commercial nature adjacent to residential zone boundary shall be screened by 8 ft wall. Will comply Required Parking Ratios Retail – 1/250 sf Development Agreement to allow parking ratio for retail – 1/300 sf Outdoor Display/Stockroom (Warehouse) – 1/800 sf Development Agreement to allow parking ratio for warehouse – 1/900 sf Required Retention/Detention Volume Greater of Pre. vs. Post OR First Flush Development Agreement to allow minor reduction of required volume to 8,000 cf ARCHITECTURAL DESIGN GUIDELINES The exterior of the building is constructed in Split face C.M.U. painted in neutral colors Sanderling (LRV 31%) to 4’-0” and at Pilasters and Urban Putty (LRV 54%) from 4’-0” to top of E.I.F.S. Cornice. There are Pilasters on the building corners and at control joint locations along the sides of the building with decorative E.I.F.S. cornice at the top of each wall. The Parapets are extended above the roof line to screen the Roof Top Units from pedestrian view all the way around the building. Scuppers will be installed with downspouts on the rear of the building to drain water from the roof. The roof will be a T.P.O. Membrane Roof. There is an July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 exterior vestibule that is enclosed with an E.I.F.S structure and Gabled Standing Seam Metal Roof (Colonial Red) above the vestibule with Split Face C.M.U. columns at the entrance corners. Added architectural elements include 4’-0” deep awnings w/ standing Seam Metal Roof (Colonial Red), Faux Barn Shutters, and decorative Gooseneck Light fixtures (front elevation only). The wall pack light fixtures on the side and rear of the building will be LED fixtures that are Dark Sky compliant. The Fenced Outdoor Display Area will have a Black Aluminum Tube Fence surrounding the merchandise to be displayed in that area. Additional Screen Wall has been added to the rear of the building to screen loading area from street view as well as a dumpster enclosure to hide dumpsters from public view. LANDSCAPING STRATEGY & DESIGN The proposed landscape for the Tractor Supply Company store will be a reflection of the natural desert environment that enriches the image of the Fountain Hills community. This will be achieved by utilizing on-site salvage material and through the integration of indigenous plant species that blend seamlessly with the abutting Cereus Wash. To further preserve the integrity of the property, all of the existing saguaro cacti currently located on the site will be salvaged and thoughtfully relocated to enhance entry focal points and new native plant groupings. The overall landscape will complement the architecture of the building as well as the neighboring surroundings. July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 APPENDIX A 1. VICINITY MAP 2. AERIAL PHOTO 3. LEGAL DESCRIPTION July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 APPENDIX B 1. SITE PLAN 2. DISPLAY AREA EXHIBIT 3. STORE FRONT PHOTO WWWW W W W W W W W W W W SHEA BLV D.SAG (#6)FPIWSSSSSSSSSSSSSSFPFPFPFPIWIWFPFSFSFSFSFSFSFSFSFSHOOOOOOOOOOOCCCCCCCCCCCCCBBBBBBBBBBBBBBGGGGGGGGHHHHHHHHHHHHHHHHHHHHAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAWWWWWWFFFFFFFFVVVVVVVVVVVVVVMMMMMMMMSAG (#2)SAG (#3)SAG (#5)SAG (#7)SAG (#9)SAG (#10)SAG (#18) LARGE**DIRECTLY RELOCATE ANDPROTECT. EXACT LOCATIONTO BE DETERMINED BY SPECIFICCONSTRUCTION OPERATIONSSAG (#13)SAG (#27)SAG (#25)SAG (#30)SAG (#34)SSAG (#8)36" BOX36" BOX36" BOXNEW SIDEWALKNEW SIDEWALKPROPERTY LINEPROPERTYLINE10'9'-7"35'100'34'EXISTING CEREUS WASHREVEGETATE ALL DISTURBEDAREAS AS NEEDED.RIP-RAP, INSTALL PER CIVILPLANS AND SPECIFICATIONSPVHPVHPVHPVHPVHPVHDWDWDWDWPVHPVHIWIWDWDWDWPVHFSFSFSFSFSFSFSFSGGGGGGGGGGEEEEEEEEEEEEEEBBBBBBBBOOOOOOOOOHHHHHHPPPPPPPPPPPPVVVVVVVVVVVVVVVNNNNNNNNNFFFFFFFFFFLLLLLDDDDDRRRRRFFFFFFFEEEEEEEEPPPPPPDDDDDDDD36" BOX36" BOXNO PLANTING OVER 18" INHT ALLOWED WITHIN SVTLANDSCAPEUP TO CURB15 GAL15 GAL15 GAL15 GAL15 GAL24-INCHBOX15 GAL24" BOX24" BOX24" BOX24" BOX24" BOX24" BOX24" BOX24" BOX TREES@ 25-FT O/CALONG RESIDENTIALPROPERTY LINEBERMBERMBERMPVHPVHDWDWPVHPVHFPFPDW24-INCHBOX24-INCHBOXTRACTOR SUPPLY COMPANYGENERAL LANDSCAPE NOTES-LANDSCAPE AND IRRIGATION DESIGN PLANS AREREQUIRED ON ALL PROJECTS. IF LANDSCAPE IS NOTREQUIRED THE CONTRACTOR SHALL INSTALLDECOMPOSED GRANITE GROUND-COVER IN ALL DISTURBEDAREAS. THE DECOMPOSED GRANITE SHALL BE A MINIMUMOF 1/2" SCREENED, UNLESS OTHERWISE NOTED ON THEPLANS. THE GRANITE COLOR SHALL MATCH AS CLOSELYAS POSSIBLE TO THE NATURAL COLOR OF THESURROUNDING AREA. A 2 LBS SAMPLE SHALL BESUBMITTED FOR LANDSCAPE ARCHITECT'S APPROVALPRIOR TO DELIVERY. THE GRANITE SHALL BE FREE OFLUMPS AND FOREIGN SUBSTANCES. GRANITE SHALL BEINSTALLED TO A DEPTH OF 2 INCHES AND SHALL BEMEASURED AFTER COMPACTION AND ROLLING.-WEED CONTROL: REMOVE ALL WEEDS BY MECHANICALMETHODS OR BY SPRAYING WITH "ROUND-UP" ORAPPROVED EQUAL. ALL LANDSCAPE AREAS EXCEPTRE-VEGETATION AREAS SHALL BE TREATED WITH APRE-EMERGENT SUCH AS "DACTHAL", OR APPROVEDEQUAL PRODUCT, AND BE APPLIED PER THEMANUFACTURER'S RECOMMENDATIONS. IFPRE-EMERGENT IS NOT PERMITTED A WEED BARRIERFABRIC IS TO BE PLACED IN LANDSCAPE AREAS. AT NOTIME SHOULD THE WEED BARRIER FABRIC BE PLACED ATTHE BOTTOM OF RETENTION/DETENTION BASINS ORSWALES. WEED FABRIC TO BE APPROVED BY THE LA PRIORTO INSTALLATION. PLASTIC LINERS SHALL NOT BEALLOWED. INSTALL PER MANUFACTURER'S DETAILS ANDSPECIFICATIONS.-TSC TO APPROVE LANDSCAPE CONCEPT PRIOR TOSUBMISSION TO CITY / TOWNSHIP. ANY LANDSCAPE INEXCESS OF 50 PLANTINGS TO RECEIVE IRRIGATION ASNEEDED REGARDLESS OF GEOGRAPHIC LOCATION.IRRIGATION HEADS TO BE A MINIMUM OF 3' FROM EDGE OFCURB LINE.-ALL FINISHED GRADES TO BE APPROVED BY THE LANDSCAPE ARCHITECT PRIORTO THE INSTALLATION OF ANY PLANT MATERIAL.-PLANT MATERIAL TO BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TOINSTALLATION.-ALL TREE LOCATIONS TO BE STAKED BY THE LANDSCAPE CONTRACTOR ANDAPPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO ANY HOLES BEING DUG.-THE CONTRACTOR IS TO PROVIDE A 2 LB SAMPLE OF THE PROPOSEDDECOMPOSED GRANITE FOR REVIEW AND APPROVAL BY THE LANDSCAPEARCHITECT AND OWNER. THE CONTRACTOR SHALL PROVIDE 100% COVERAGE OFNON PAVED AREAS WITHIN THE LIMITS OF CONSTRUCTION. -FOR ALL TREE PLANTING THAT ENCOUNTERS HARDPAN/CALICHE PROVIDESEPARATE UNIT PRICE TO INSTALL TREES WITH AN AUGER.-IT IS THE RESPONSIBILITY OF THE LANDSCAPE CONTRACTOR TO INFORM THELANDSCAPE ARCHITECT OF ANY PLANT MATERIAL CONCERNS BASED ON THEPLANTING SEASON. (E.G. SUMMER VS WINTER) SHOULD THE LANDSCAPECONTRACTOR HAVE ANY CONCERNS ABOUT PLANT MATERIAL DUE TO HEAT ORFROST EXPOSURE, THE INSTALLER SHALL REQUEST A SUBSTITUTION OR DELAYIN PLANTING. ONCE PLANTED, ALL PLANT MATERIAL IS SUBJECT TO SPECIFIEDWARRANTIES.-ALL PALM AND DECIDUOUS TREES TO BE UNCONDITIONALLY GUARANTEED FORONE YEAR AFTER INSTALLATION. ALL OTHER PLANTS SHALL BE GUARANTEEDFOR A MINIMUM PERIOD OF OF 90 DAYS FROM THE DATE OF FINAL APPROVAL BYTHE CITY/OWNER. ANY PLANT MATERIALS NOT APPROVED BY CITY/OWNER PRIORTO OCTOBER 1 OF THE CALENDAR YEAR IN WHICH THEY ARE INSTALLED SHALL BEFURTHER GUARANTEED UNTIL MAY 20TH OF THE FOLLOWING CALENDAR YEAR.-TREES, SHRUBS, VINES, GROUNDCOVERS AND TURF WHICH HAVE TO BEREPLACED UNDER THE TERMS OF THE GUARANTEE SHALL BE GUARANTEED FORAN ADDITIONAL 90 DAYS FROM THE DATE OF REPLACEMENT.-THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ALLFINISHED GRADES AND FOR MAINTAINING POSITIVE DRAINAGE AWAY FROM ALLBUILDINGS DURING THE FINISH GRADING PROCESS. ALL SLOPES NOT TO EXCEED4:1 IN LANDSCAPE AREAS. SHOULD THE GRADING EXCEED A 3:1 SLOPE THE AREASHALL BE SECURED WITH AN EROSION CONTROL METHOD APPROVED BY THELANDSCAPE ARCHITECT-THE LANDSCAPE CONTRACTOR SHALL VERIFY BERM ANDRETENTION BASIN LOCATIONS SHOWN ON THESE PLANS WITH THOSE ON THECIVIL ENGINEERING PLANS. SHOULD A DISCREPANCY EXIST BETWEEN THEPLANS, THE LANDSCAPE ARCHITECT SHOULD BE NOTIFIED IMMEDIATELY.-UNDER NO CIRCUMSTANCE SHALL ANY TREE BE PLANTED WITHIN 6' OF ANYBUILDING WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE LANDSCAPEARCHITECT.-TREES AND SHRUBS SHALL BE PLACED A MINIMUM OF 6' FROM PUBLICACCESSWAYS, UTILITY CABINETS AND FIRE HYDRANTS.-SHRUBS MUST BE AT MATURITY, 6' FROM THE REAR OF A FIRE HYDRANT. NOMATERIAL OTHER THAN GROUNDCOVERS MAY BE PLACED BETWEEN A FIREHYDRANT AND THE STREET OR ROADWAY OR 6' ON EITHER SIDE. FIELD VERIFYALL HYDRANT LOCATION WITH THE CIVIL ENGINEERING PLANS.-ALL SITE IMPROVEMENTS, INCLUDING LANDSCAPE AND SITE CLEAN UP MUST BECOMPLETED PRIOR TO FINAL APPROVAL OR CERTIFICATE OF OCCUPANCY.-TREES ADJACENT TO PEDESTRIAN WALKWAYS SHOULD HAVE MINIMUM CANOPYCLEARANCE OF 6'8"LANDSCAPE NOTESONSITE LANDSCAPE AREA: REQUIRED< 15% SLOPE REQUIREMENTS/3,000 SQ.FT.(1) 10' SAGUARO CACTUS(1) 24" BOX TREE(1) 36" BOX TREE(2) 8 SPINE OCOTILLO(10) 5 GAL ASSORTED CACTI AND SUCCULENTS(15) 5 GAL ASSORTED SHRUBS AND GROUNDCOVERS(10) 2'X4' BOULDERS100% COVERAGE INORGANIC GROUNDCOVER -TO MATCH AREAONSITE LANDSCAPE AREA: PROVIDED< 15% SLOPE TOTAL SF REQUIRED: 14,400 = 4.13 =(4) 10' SAGUARO CACTUS(4) 24" BOX TREE(4) 36" BOX TREE(8) 8 SPINE OCOTILLO(41) 5 GAL ASSORTED CACTI & SUCCULENTS(62) 5 GAL ASSORTED SHRUBS AND GROUNDCOVERS(41) 2'X4' BOULDERS100% COVERAGE INORGANIC GROUNDCOVER -TO MATCH AREAPARKING LOT LANDSCAPING:TOTAL PARKING AREA: 48,540 SFREQUIRED: 5%, 2,427 SF, PROVIDED: 2,575 SFREQUIRED: 1 TREE PER 10 PARKING SPACESTOTAL PARKING SPACES: 75, 8 TREESSHRUBS/ GROUNDCOVER (.83)(8) 5 GAL ASSORTED CACTI AND SUCCULENTS(12) 5 GAL ASSORTED SHRUBS AND GROUNDCOVERS(8) 2'X4' BOULDERSHILLSIDE LANDSCAPE AREA: REQUIRED> 15% SLOPE REQUIREMENTS/3000 SQ FT(1) 3'-5' SAGUARO CACTUS(2) 8 SPINE OCOTILLO(2) 15 GAL TREES(15) 5 GAL ASSORTED CACTI AND SUCCULENTS(15) 5 GAL ASSORTED SHRUBS AND GROUNDCOVERS(10) 2'X4' SURFACE BOULDERS100% INORGANIC GROUNDCOVER (DECOMPOSEDGRANITE AT A COLOR AND SIZE TO PREVENT EROSIONHILLSIDE LANDSCAPE AREA: PROVIDED> 15% SLOPE TOTAL SF REQUIRED: 13,300 = 4.4 =(5) 3'-5' SAGUARO(9) 8 SPINE OCOTILLO(9) 15 GAL TREES(66) 5 GAL ASSORTED CACTI AND SUCCULENTS(66) 5 GAL ASSORTED SHRUBS AND GROUNDCOVERS(44) 2'X4' SURFACE BOULDERS100% INORGANIC GROUNDCOVER (DECOMPOSEDGRANITE AT A COLOR AND SIZE TO PREVENT EROSIONTOWN OF FOUNTAIN HILLS LANDSCAPE CALCULATIONSSITE INFORMATIONAPN176-10-799NET AREA 174,937 SF (4.02 ACRES)GROSS AREA 240,788 SF (5.53 ACRES)ZONINGC-2THE LANDSCAPE ARCHITECTURAL WORKSDEPICTED HEREIN ARE THE SOLEPROPERTY OF SKETCH LANDSCAPEARCHITECTURE STUDIO, LLC AND MAY NOTBE CONSTRUCTED OR USED WITHOUT ITSEXPRESS WRITTEN PERMISSION. NOPERMISSION TO MODIFY OR REPRODUCEANY OF THE LANDSCAPE ARCHITECTURALWORKS, INCLUDING WITHOUT LIMITATIONTHE CONSTRUCTION OF ANY SITEIMPROVEMENTS, IS EXPRESSED OR SHOULDBE IMPLIED FROM DELIVERY OFPRELIMINARY DRAWINGS OR UNSEALEDCONSTRUCTION DRAWINGS. PERMISSIONTO CONSTRUCT THE SITE IMPROVEMENTSDEPICTED IN SEALED CONSTRUCTIONDRAWINGS IS EXPRESSLY CONDITIONED ONTHE FULL AND TIMELY PAYMENT OF ALLFEES OTHERWISE DUE TO SKETCHLANDSCAPE ARCHITECTURE STUDIO, LLCAND, IN THE ABSENCE OF ANY WRITTENAGREEMENT TO THE CONTRARY, IS LIMITEDTO A ONE-TIME USE ON THE SITE INDICATEDON THESE PLANS.BY SKETCH LANDSCAPEARCHITECTURE STUDIO, LLC.ALL RIGHTS RESERVED2014 2216542.3 EXHIBIT B TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TRACTOR SUPPLY COMPANY [Hillside Disturbance Exemption] See following pages. 2216542.3 EXHIBIT C TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TRACTOR SUPPLY COMPANY [Preliminary Grading and Drainage Plan] See following pages. 2216542.3 EXHIBIT D TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TRACTOR SUPPLY COMPANY [Drainage Report for TSC Fountain Hills] See following pages. July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 INTRODUCTION The proposed development consists of one new retail building, 21,702 s.f.±, and a hay barn building, 1,250 s.f.±, on a 4.02 acre (±) parcel (net area) that sits on a portion of Parcel A of “Replat of Lots 1 and 2 of Fountain Hills Final Plat 705” (Bk.468, Pg.3, MCR) and is located at the northeast corner of Shea Boulevard and Monterey Drive. This site is currently a vacant parcel with no existing improvements. The site is bounded by developed property to the northeast, Shea Boulevard to the west and Monterey Drive to the north, and the Cereus Wash to the south. A vicinity map, aerial photo, legal description and the area’s FIRM map are attached for reference in Appendix A of this report. OFFSITE DRAINAGE & HYDRAULICS The site is bounded on the west and north sides by existing curb and gutter. The east side is adjacent to developed residential lots. The south side is bounded by an existing storm water wash (Cereus Wash). The existing curb and gutter along Shea Boulevard slopes southeast and is conveyed to the Cereus Wash. The existing curb and gutter along Monterey Drive slopes northeast into the adjacent residential subdivision which eventually conveys the storm water to the Cereus Wash. The offsite drainage generated from the public right of way areas of Shea Boulevard and Monterey Drive will continue to follow the historic flow. There are no proposed changes or additions to these systems by this project. ONSITE DRAINAGE & DETENTION Onsite detention will be provided for the 100-year pre-development vs. post development storm event for the area of this site. The site conveys the storm water through surface sheet flow to curb openings. The detention calculations are as follows, additional calculations are attached for reference in Appendix B: Required volume: V = A * C * P/12 Overall Site Watershed Pre-development Runoff C: 0.65 – Hillslopes, Sonoran Desert (Table 3.2-DDM for MC) Post development Runoff C: 0.95 – Commercial (Table 3.2-DDM for MC) Design Runoff C: 0.30 Rainfall: 2.21 inches – NOAA Atlas 14 July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 Watershed Area: 148,756 s.f. Calculated Vol (req’d): 8,219 c.f. Development Agreement Vol (reqd): 8,000 c.f. Site Outfall: At the proposed concrete weir structure near the southeast corner of the site. The weir elevation is set at 1537.00. The storm water then drains into the Cereus Wash. Overall Site Watershed Basin #1 5,582 cf Basin #2 3,244 cf Volume Required (P.A.D. Plan) 8,000 cf Volume Provided 8,826 cf A copy of the preliminary onsite grading and drainage plans has been attached for reference in Appendix C. ONSITE HYDRAULICS The storm water in the parking areas are conveyed by sheet flow through curb openings to the detention basins. There are no storm drain pipes/catch basins within the parking areas conveying storm water to the detention basins. There is a concrete weir structure proposed to regulate the outflows from the detention basin to be equal to or less than pre-development flow rates. July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 OTHER PROJECT INFORMATION The extreme outfall for the project is at the proposed concrete weir structure near the southeast corner of the site. The weir elevation is set at 1537.00. The storm water then drains into the Cereus Wash. The site is designed in an engineered sump condition, as the high and low curb are both higher than the proposed final floor elevation. However, the final floor elevation is significantly higher than the site outfall. The final floor elevations for this proposed development are designed at an elevation of 1548.00 for the main building and 1547.00 for the hay barn. The final floor elevations are designed at elevations over 7 feet lower than the high top of curb which is at an elevation of 1555.60. The final floor elevations are designed over 3.5 feet lower than the low top of curb which is at an elevation of 1551.75 feet. The final floor elevations are over 10 feet above the extreme outfall elevation of 1537.00 feet. If the site is constructed according to the approved grading and drainage construction documents than the building finished floor will be protected from the inundation of storm water produced from the 100-year storm event for onsite and offsite flows. A portion of the site is located in a special flood hazard area, zone AE, and a portion of the site is located in shaded zone X as defined by Firm Map 04013C1804L dated October 16, 2013. Zone AE is described as “The special flood hazard area is subject to the 100-year flood; base flood elevations determined.” Shaded zone X is described as: “Areas of 500-year flood; areas of 100-year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100-year flood.” (see Figure in Appendix A). July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 REFERENCES Brater and King, Handbook of Hydraulics, 6th Ed, 1976 Sabol, Et al, DRAINAGE DESIGN MANUAL for MARICOPA COUNTY, ARIZONA – Volume I, Hydrology, June 2010. Sabol, Et al, DRAINAGE DESIGN MANUAL for MARICOPA COUNTY, ARIZONA – Volume II, Hydraulics, June 2010. DRAINAGE REGULATIONS for MARICOPA COUNTY, November 2010. DRAINAGE POLICIES AND STANDARDS for MARICOPA COUNTY, June 2010. July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 APPENDIX A VICINITY MAP AERIAL PHOTO LEGAL DESCRIPTION FIRM MAP July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 APPENDIX B NOAA ATLAS 14 INFORMATION PRE vs POST/FIRST FLUSH VOLUME CALCULATIONS BASIN SIZING CALCULATIONS DETENTION MODEL CALCULATIONS PROJECT: TSC FH CEG# 14-029 PRE. VS. POST DEVELOPMENT CALCULATIONS PRE-DEVELOPMENT Surface Coefficient C 0.65 Hillslopes, Sonoran Desert (Table 3.2) POST DEVELOPMENT Surface Coefficient C 0.95 Commercial (Table 3.2) PRE. VS. POST DEVELOPMENT Surface Coefficient C 0.3 100-hr, 2-hr Rainfall P 2.21 in Area A 148756 sf Calculated Req'd Volume VOLreq'd 8219 cf Required Volume (PAD Plan) VOLreq'd 8000 cf <------ GOVERNS FIRST FLUSH CALCULATIONS Surface Coefficient C 1.00 100-hr, 2-hr Rainfall P 0.5 in Area A 148756 sf Required Volume VOLreq'd 6198 cf STORMWATER RETENTION BASIN CALCULATIONSDATE:REQUIRED RETENTIONADDITIONAL FACTOR0.50 inches1.00Offsite #1 Offsite #2 Offsite #3 Offsite #4Onsite #1 Onsite #2 Onsite #3 Onsite #4 Onsite #5 Onsite #6 Onsite #7 Onsite #8 Onsite #9 Onsite #10CC 1.000A (sf)A (sf) 148756Vreq (cf)Vreq (cf) 6198Basin #(s)Basin #(s) 1,2,Vol prov'dVol prov'd 8826OK?OK?OKREQUIREDPROVIDEDTOTAL OFFSITE0 cf0 cfOKTOTAL ONSITE6198 cf8826 cfOKTOTAL-TOTAL6198 cf8826 cfOK1234ELEV AREA (sf) VOL (cf)ELEV AREA (sf) VOL (cf)ELEV AREA (sf) VOL (cf)ELEV AREA (sf) VOL (cf)40.0 288540.0 235639.0 2170 2527.539.0 1600 1978.038.0 1518 1844.038.0 932 1266.037.0 902 1210.0TOTAL VOLUME 5581.5TOTAL VOLUME 3244.0TOTAL VOLUME 0.0TOTAL VOLUME 0.05678ELEV AREA (sf) VOL (cf)ELEV AREA (sf) VOL (cf)ELEV AREA (sf) VOL (cf)ELEV AREA (sf) VOL (cf)TOTAL VOLUME 0.0TOTAL VOLUME 0.0TOTAL VOLUME 0.0TOTAL VOLUME 0.09ABCELEV AREA (sf) VOL (cf)DIA LEN VOL (cf)DIA LEN VOL (cf)DIA LEN VOL (cf)TOTAL VOLUME 0.0TOTAL VOLUME 0.0TOTAL VOLUME 0.0TOTAL VOLUME 0.0DEDIA LEN VOL (cf)DIA LEN VOL (cf)TOTAL VOLUME 0.0TOTAL VOLUME 0.0Basin #8Basin #9Tank group ATank group BTank group CBasin #5Basin #3Basin #6Rainfall depthBasin #1F Tank group DTank group EBasin #725-Jun-14Basin #4PROJECT TITLE:TSC - Fountain HillsCEG JOB#14029Basin #2Page 1 of 4 Runoff from onsite watershed - routed through proposed basinTITLE:Storm distribution:Maricopa CountyDRAIN PIPES12345ERROR MESSAGESFLOW DELTA# of pipes0.05Diameter (in)2.02Inlet elev (ft)1.68Inlet coeff (C)FREEBOARD(0.5-1.0)1.22Neglect if 4" (Y/N)nnnnn1.78g (ft/s^2)32.232.2 32.2 32.2 32.22.33BROAD CRESTED WEIRS12345Crest elev1540.00 1539.00 1537.00Width20.0 3.01.0Weir coeff3.03.03.0BASIN DEFINITION12345678910Elevation (ft)1537.00 1537.00 1537.00 1537.00 1537.00 1537.00 1538.00 1539.00 1540.00 1541.00Area (sq.ft.)902.00 902.00 902.00 902.00 902.00 902.00 2450.00 3770.00 5241.00 6925.00Volume (cu.ft.)0.00 0.00 0.00 0.00 0.00 0.00 1676.00 4786.00 9291.50 15374.50INPUT FLOWSPEAK Q TcExist 100 year20.18 5.00100 YR 10 YR 2 YRExist 10 year12.93 5.00MAX ELEVATION = 1539.78 1539.22 1538.67 ftExist 2 year8.14 5.00MAX OUTFLOW = 20.13 10.91 6.46 cfsFuture 100 year27.62 5.00MIN FREEBOARD = 1.22 1.78 2.33 ftFuture 10 year17.54 5.00MAX DEPTH = 2.78 2.22 1.67 ftFuture 2 year11.05 5.00MAX STORED VOLUME = 8306.4 5798.4 3752.6 cu.ft.MINIMUM BLDG FFE = 1540.78 1540.22 1539.67 ftBASIN PERCOLATIONMAX PIPE FLOW = 0.00 0.00 0.00 cfs Bottom perc rate60.00(min/in)MAX OVERFLOW = 20.13 10.91 6.46 cfsMAX DEPTH OF OVERFLOW = 2.78 2.22 1.67 ftTHRESHOLD RETENTIONMAX RETAINED DEPTH = 0.00 0.00 0.00 ftSoil type on-site (B,C,D,I)Drainage area acresTIME TO DRAIN = 0.00 0.00 0.00 hrsDeveloped condition:1 hr, -1-yr rainfall depth 0.00 inExisting runoff coeffFuture runoff coeffREQUIRED RETENTION= 0 cu.ft.Notes:AVAIL. RETENTION= 0 cu.ft.RETENTION ELEVATION= 1537.00 ft.TSC - FOUNTAIN HILLS100 YR PEAK Q10 YR PEAK Q2 YR PEAK Q100 YR DEPTH10 YR DEPTH2 YR DEPTHCALCULATIONSTHRESHOLD RETENTION NOT APPLICABLERouting Data July 28, 2014 TSC-FOUNTAIN HILLS 12409 W. Indian School Rd., C-303, Avondale, AZ 85392 Phone (623)-536-1993 APPENDIX C PRELIMINARY GRADING & DRAINAGE PLAN TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 9/18/2014 Meeting Type: Regular Session Agenda Type: Regular Submitting Department:Administration StaffContact Information:Mike Ciccarone.IT Administrator,(480)816-5171,mciccarone@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of a COOPERATIVE PURCHASE AGREEMENT with Icon Enterprises,Inc dba CivicPlus,in the amount of $61,051.35,for the design,development,and hosting of an Internet website for the Town of Fountain Hills. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):The adopted fiscal year 2014/15 General Fund budget includesan appropriation for $20,000 to develop a new Internet website for the Town of Fountain Hills.The current website was developed in-house five years ago out of a need to fix fundamental issues with the website at that time. Under a General Services Administration contract,Icon Enterprises Inc,dba CivicPlus,provided the Town of Fountain Hillswith a proposal to create a website for the Town.The new website will be customer-centric with simplified navigation and will also leveragethe latestweb technologies including mobile optimization and a mobile application,to name a few.CivicPlus has over 1,700 customers and specializes in government websites with numerous municipal customers in Arizona.This cooperative purchase agreement provides the town the ability to equally split the cost overthree fiscal years at $20,350.45 per year.There will be on-going hostingand maintenance costs ofapproximately$7,000 starting at year four and beyond. Risk Analysis (options or alternatives with implications):Without proceeding on this projectat this time,the Town could run into potential ADA compliance issues with the current website. The current site is lags behind in the latest web technologies making it difficult to maintain and even more difficult to navigate. The website will continue to become outdated and no longer be able to serve the needs of the citizens of Fountain Hills. Fiscal Impact (initial and ongoing costs;budget status):$61,051.35 Budget Reference (page number):163 Funding Source:General Fund If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s):N/A Page 1 of 2 Staff Recommendation(s):Approve List Attachment(s):Cooperative Purchase Agreement with Icon Enterprises,Inc dba CivicPlus SUGGESTED MOTION (for council use):Move to approve the Cooperative Purchase Agreement with Icon Enterprises,Inc dba CivicPlus, inthe amount of $61,051.35 for the design,development and hosting of a new Internet website for the Town of Fountain Hills. Prepared by:. Mike Ciccarone,Information Technology Administrator 9/8/2014 Director-1/;Approval:/)t Craig Rudolphy,Finance Director/~f 9/8/2014 Approved: 34&Guc££ Ken Buchanan,Town Manager 9/9/2014 Page 2 of 2 Contract No.C2015-123 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ICON ENTERPRISES,INC., d/b/a CIVICPLUS THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement")is entered into as of September 18,2014, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and ICON Enterprises, Inc., a Kansas corporation,d/b/a CivicPlus (the "Contractor"). RECITALS A.After a competitive procurement process,the United States General Services Administration ("GSA")entered into Contract No.GS-35F-0124U dated December 12, 2007 (the "GSA Contract"), for the Contractor to provide general purpose commercial information technology equipment, software and services. A copy of the GSA Contract is attached hereto as Exhibit A and incorporated herein by reference,to the extent not inconsistent with this Agreement. B. The Town is permitted,pursuant to Section 3-3-27 of the Town Code, to make purchases under the GSA Contract, at its discretion and with the agreement of the awarded Contractor,and the GSA Contract permitsits cooperative use by otherpublic entities including the Town. C. The Town and the Contractordesire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the GSA Contract and this Agreement,(ii)establishing the terms and conditionsby which the Contractormay providethe Town with a redesigned website, as more particularly set forth in Section 2 below (the "Services") and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing 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 Contractor hereby agree as follows: 1.Term of Agreement.This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until September 17,2015 (the "Initial Term"),unless terminated as otherwise provided in this Agreement or the GSA Contract.After the expiration of the Initial Term, this Agreement may be renewed for up to two successive one- year terms (each, a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the GSA Contract has not expired or has been extended,(iii) at least 30 days prior to the end of the 2203261.3 then-current term of the Agreement,the Contractor requests,in writing,to extend the Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the GSA Contract),as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause the Agreement to terminate at the end of the then-current term of this Agreement;provided,however,that the Town may, at its discretion and with the agreement of the Contractor,elect to waive this requirement and renew this Agreement.The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term."Upon renewal,the terms and conditions of this Agreement shall remain in full force and effect.If this Agreement is not renewed,or if it is terminated for any reason, Contractor will terminate all services, including website hosting and support. 2.Scope of Work.Contractor shall provide the Services to the Town under the terms and conditions of the GSA Contract and as set forth in the Scope of Work attached hereto as Exhibit B and incorporated herein by reference. 3.Compensation.The Town shall pay Contractor for the Initial Term and for each subsequent Renewal Term,if any, an annual aggregate amount not to exceed $20,350.47 for the Services at the unit rates set forth in the GSA Contract and the Fee Proposal, attached hereto as part of Exhibit B. The maximum aggregate amount for this Agreement shall not exceed $61,051.41. 4.Payments.The Town shall pay the Contractor based upon acceptance of the Services performed and completed to date (see Exhibit B)and upon submission and approval of invoices. Each invoice shall (i)contain a reference to this Agreement and the GSA Contract and (ii) document work completed to date. Additionally, invoices submitted without referencing this Agreement and the GSA Contract will be subject to rejection and may be returned. 4.1 Progress Payment No. 1 will be billable and payable upon the completion of Phase 2: Website Layout (Exhibit B: Scope of Work, Project Development Phase 2). 4.2 Progress Payment No. 2 will be billable and payable upon the completion of Phase 4:Training (Exhibit B:Scope of Work,Project Development Phase 4). 4.3 Project development will be discontinued if payment is not made within 30 days after the invoice due date. 4.4 The Town shall sign a project completion and acceptance form prior to project go-live.The date may be extended if material system or operational failures are encountered. All Parties agree that the website will not go-live until the project is accepted in writing by the Town (Exhibit B:Scope of Work,Project Development,Phase 5). 4.5 After project go-live,if the Town's account exceeds 60 days past due, Support will be discontinued until the Town's account is made current.If the Town's account exceeds 90 days past due,Annual Services will be discontinued until the Town's account is 2203261.3 made current.The Town will be given 30 days'notice prior to discontinuation of services for non-payment. 4.6 The Town will be invoiced electronically through email. Upon request Contractor will mail invoices and the Town will be charged a $5.00 convenience fee. 4.7 Provided the Town's account is current, at any time the Town may request an electronic copy of the website graphic designs,the page content,all module content,all importable/exportable data, and all archived information ("Customer Content").The Town agrees to pay $250 per completed request. Provided the Town's account is current, upon termination of services the Town may request a complimentary electronic copy of website Customer Content. 5.Records and Audit Rights.To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below,Contractor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) evaluation and verification of any invoices, payments or claims based on Contractor's and its subcontractors'actual costs (including direct and indirect costs and overhead allocations)incurred, or units expended directly in the performance of work under this Agreement and (ii) evaluation of the Contractor's and its subcontractors'compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended,the Town shall have access to said Records,even if located at its subcontractors'facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement.Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits.Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6.E-verify Requirements.To the extent applicable under Ariz.Rev.Stat.§ 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under Ariz.Rev.Stat.§23-214(A).Contractor's or its subcontractors'failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Conflict of Interest. This Agreement may be canceled by the Town pursuant to Ariz.Rev.Stat.§38-511. 2203261.3 8.Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County,Arizona. 9.Agreement Subject to Appropriation.The Town is obligated only to pay its obligations set forth in the Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year.The Town's obligations under this Agreement are current expenses subject to the "budget law"and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations,this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement.The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which the Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement.The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 10. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement,the GSA Contract,the Scope of Work, the Fee Proposal and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the GSA Contract (collectively, the "Unauthorized Conditions"),other than the Town's project-specific requirements, are expressly declared void and shall be of no force and effect.Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the GSA Contract shall not alter such terms and conditions or relieve Contractor from,nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 11.Rights and Privileges.To the extent provided under the GSA Contract,the Town shall be afforded all of the rights and privileges afforded to GSA and shall be the "Government" (as defined in the GSA Contract)for the purposes of the portions of the GSA Contract that are incorporated herein by reference. 12.Indemnification;Insurance.In addition to and in no way limiting the provisions set forth in Section 11 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the Government to the extent provided under the GSA Contract,and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including,but not limited to, the Contractor's obligation to provide the indemnification and insurance.In any event,the Contractor shall indemnify,defend and hold harmless the Town and each council member,officer,employee or agent thereof (the Town and 2203261.3 any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys'fees, court costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject,under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof)relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor,its officers,employees,agents, or any tier of subcontractor in the performance of this Agreement. [SIGNATURES ON FOLLOWING PAGES] 2203261.3 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W.Buchanan,Town Manager ATTEST: Bevelyn J.Bender,Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) On ,2014,before me personally appeared Kenneth W.Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS,an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document,on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2203261.3 "Contractor" ICON Enterprises,Inc., a Kansas corporation,d/b/a CivicPlus By:.J 1 **-/</ Name:I I DA £VcX/lT Title:'^yrtlCitiV of-S6ll<LQ STATE OF COUNTY OF (ACKNOWLEDGMENT) ) )ss. Jfc.\LfeVj OMOnSgp4£{y)b£r H~~^.2014,before me personally appeared ~Tl (Y\G\Zf\vSX -the X^^PJrCQ.r&S>NJ£5*T ICON ENTERPRISES,INC.,a Kansas corporation, d/b/a CIVICPLUS,whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be,and acknowledged that he/she signedtheabove documenton behalfof the corporation. NOTARY PUBLIC - State ofKansas KIMBERLY^J.CALEY, Appt Expires (Affix notary seal here) 2203261.3 2203261.3 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ICON ENTERPRISES,INC. d/b/a CIVICPLUS [GSA Contract] See following pages. AUTHORIZED FEDERAL ACQUISITION SERVICE INFORMATION TECHNOLOGY SCHEDULE PRICELIST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT,SOFTWARE AND SERVICES SIN 132-51 -INFORMATION TECHNOLOGY (IT)PROFESSIONAL SERVICES FPDS Code D302 IT Systems Development Services FPDS Code D308 Programming Services FPDS Code D311 IT Data Conversion Services FPDS Code D317 Creation/Retrieval of IT Related Automated News Services,Data Services,or Other Information Services (All other information services belong under Schedule 76) FPDS Code D399 Other Information Technology Services,Not Elsewhere Classified FPDS Code D316 IT Network Management Services Note 1:All non-professional labor categories must be incidental to and used solely to support hardware,software and/or professional services,and cannot be purchased separately. Note 2:Offerors and Agencies are advised that the Group 70 -Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act.These services include,but are not limited to,architectural,engineering, mapping,cartographic production,remote sensing,geographic information systems,and related services.FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services. Note 3:This solicitation is not intended to solicit for the reselling of IT Professional Services,except for the provision of implementation,maintenance,integration,or training services in direct support of a product.Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents. CD Icon Enterprises,Inc.(d/b/a CivicPlus) 317 Houston Street,Suite E Manhattan,KS 66502 Phone:888-228-2233 Fax:785-587-8951 Email:bids@civicplus.com Website:www.civicplus.com Contract Number:GS-35F-0124U Period Covered by Contract:December 12.2007 -December 11.2017 General Services Administration -Federal Acquisition Service Pricelist current through Modification #Original,dated . Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage!System.Agencies can browse GSA Advantage!by accessing the Federal Acquisition Service's Home Page via the Internet at http://www.fss.gsa.gov/. ep Page 2 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) Table of Contents Information for Ordering Offices 4 Special Notice to Agencies 4 Business Participation 4 Geographic Scope of Contract 4 Contractor's Ordering Address and Payment Information 4 Liability for Injury of Damage 5 Statistical Data for Government Ordering Office Completion of Standard Form 279 5 FOB Destination 5 Delivery Schedule 5 Discounts 5 Trade Agreements Act of 1979 6 Statement Concerning Availability of Export Packing 6 Small Requirements 6 Maximum Order 6 Federal Supply Service Information Technology Schedule Contracts 6 Federal Information Technology/Telecommunication Standards Requirements 6 Federal Information Processing Standards Publications (FIPS Pubs)6 Federal Telecommunication Standards (Fed-Stds)7 Contract Tasks/Special Requirements 7 Contract Administration for Ordering Offices 8 GSA Advantange!8 Purchase of Incidental,Non-Schedule Items 8 Contractor Commitments,Warranties and Representations 9 Overseas Activities 9 Blanket Purchase Agreements (BPAs)9 Contractor Team Arrangements 9 Installation,Deinstallation,Reinstallation 10 Section 508 Compliance 10 Prime Contractor Ordering From Federal Supply Schedules 10 Insurance-Work on a Government Installation (Jan 1997)(FAR 52.228-56)10 Software Interoperability 11 Advance Payments 11 TERMS AND CONDITIONS APPLICABLE TO IT PROFESSIONAL SERVICES 12 Scope 12 Performance Incentives 12 Order 12 Performance of Services 12 Stop-Work Order 13 G? Page 3 of 22 Icon Enterprises,Inc. (d/b/a CivicPlus) Inspection of Services 13 Responsibilities of Systems for Environmental Management,Inc 13 Responsibilities of the Government 14 Independent Contractor 14 Organizational Conflicts of Interest 14 Invoices 14 Payments 14 Resumes 15 Incidental Support Costs 15 Approval of Subcontracts 15 Description of IT Services and Pricing 15 Commitment to Promote Small Business Participation 22 cp Page 4 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS SPECIAL NOTICE TO AGENCIES:Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Acquisition Service.To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals,the dollar value of orders expected to be placed against the Federal Supply Schedules,and to report accomplishments against these goals. For orders exceeding the micropurchase threshold,FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage!™online shopping service (www.fss.gsa.gov).The catalogs/pricelists,GSA Advantage!™and the Federal Acquisition Service Home Page (www.fss.gsa.gov)contain information on a broad array of products and services offered by small business concerns. This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals.It should also be used as a tool to assist in including small,small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination. For orders exceeding the micropurchase threshold,customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement. 1.GEOGRAPHIC SCOPE OF CONTRACT: Domestic delivery is delivery within the 48 contiguous states,Alaska,Hawaii,Puerto Rico,Washington, DC,and U.S.Territories.Domestic delivery also includes a port or consolidation point,within the aforementioned areas,for orders received from overseas activities. Overseas delivery is delivery to points outside of the 48 contiguous states,Washington,DC,Alaska, Hawaii,Puerto Rico,and U.S.Territories. Offerors are requested to check one of the following boxes: [X]The Geographic Scope of Contract will be domestic and overseas delivery. []The Geographic Scope of Contract will be overseas delivery only. [ ]The Geographic Scope of Contract will be domestic delivery only. For Special Item Number 132-53 Wireless Services ONLY, if awarded,list the limited geographic coverage area: ep Page 5 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) 2.CONTRACTOR'S ORDERING ADDRESS AND PAYMENT INFORMATION: CivicPlus Attn:Contract Manager 317 Houston Street,Suite E Manhattan,KS 66502 Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders.Credit cards will be acceptable for payment above the micro- purchase threshold.In addition,bank account information for wire transfer payments will be shown on the invoice. The following telephone number(s)can be used by ordering activities to obtain technical and/or ordering assistance: 888-228-2233 3.LIABILITY FOR INJURY OR DAMAGE The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor,unless such injury or damage is due to the fault or negligence of the Contractor. 4.STATICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279: Block 9:G.Order/Modification Under Federal Schedule Block 16:Data Universal Numbering System (DUNS)Number:883003113 Block 30:Type of Contractor -B.Other Small Business Block 31:Woman-Owned Small Business -No Block 36:Contractor's Taxpayer Identification Number (TIN):48-1202104 4a.CAGE Code:025B9 4b.Contractor has registered with the Central Contractor Registration Database. 5.FOB DESTINATION 6.DELIVERY SCHEDULE a.TIME OF DELIVERY:The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO),as set forth below: SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO) 132-51 As Agreed by Ordering Agency b.URGENT REQUIREMENTS:When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity,ordering activities are encouraged,if time permits,to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt.(Telephonic replies shall be confirmed by the Contractor in writing.)If the Contractor offers an accelerated delivery time acceptable to cp Page 6 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) the ordering activity,any order(s)placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. 7.DISCOUNTS:Prices shown are NET Prices;Basic Discounts have been deducted. a.Prompt Payment:0% - 30 days from receipt of invoice or date of acceptance,whichever is later. b.Quantity:None c.Dollar Volume:additional 2%discount for orders over $200,000. d.Government Educational Institutions are offered the same discounts as all other Government customers. e.Other 8.TRADE AGREEMENTS ACT OF 1979,as amended: All items are U.S.made end products,designated country end products,Caribbean Basin country end products,Canadian end products,or Mexican end products as defined in the Trade Agreements Act of 1979,as amended. 9.STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: 10.Small Requirements:The minimum dollar value of orders to be issued is $100. 11. MAXIMUM ORDER (All dollar amounts are exclusive of any discount for prompt payment.) a.The Maximum Order value for the following Special Item Numbers (SINs)is $500,000: Special Item Number 132-51 -Information Technology (IT)Professional Services 12.ORDERING PROCEEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR)8.405 when placing an order or establishing a BPA for supplies or services.These procedures apply to all schedules. a. FAR 8.405-1 Ordering procedures for supplies,and services not requiring a statement of work. b. FAR 8.405-2 Ordering procedures for services requiring a statement of work. 13.FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS:ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program,as appropriate (reference:NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS)or Federal Telecommunication Standards (FED-STDS),which are cited by ordering activities,shall be responded to promptly by the Contractor. 13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS): Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS)should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication."Federal Information Processing Standards Publications (FIPS PUBS)are issued by the U.S.Department of Commerce,National Institute of Standards and Technology (NIST),pursuant to National Security Act.Information concerning their availability and applicability should cp Page 7 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) be obtained from the National Technical Information Service (NTIS),5285 Port Royal Road,Springfield, Virginia 22161.FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office,and orders for subscription service should be referred to the NTIS Subscription Officer,both at the above address,or telephone number (703)487-4650. 13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS):Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS)should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD."Federal Telecommunication Standards are issued by the U.S.Department of Commerce,National Institute of Standards and Technology (NIST),pursuant to National Security Act.Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA,Federal Acquisition Service,Specification Section,470 East L'Enfant Plaza,Suite 8100,SW,Washington,DC 20407,telephone number (202)619-8925.Please include a self-addressed mailing label when requesting information by mail.Information concerning their applicability can be obtained by writing or calling the U.S.Department of Commerce,National Institute of Standards and Technology,Gaithersburg,MD 20899,telephone number (301)975-2833. 14.CONTRACTOR TASKS /SPECIAL REQUIREMENTS (C-FSS-370)(NOV 2001) (a)Security Clearances:The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract.All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule. (b)Travel:The Contractor may be required to travel in performance of orders issued under this contract.Allowable travel and per diem charges are governed by Pub .L.99-234 and FAR Part 31,and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule.The Industrial Funding Fee does NOT apply to travel and per diem charges. NOTE:Refer to FAR Part 31.205-46 Travel Costs,for allowable costs that pertain to official company business travel in regards to this contract. (c)Certifications.Licenses and Accreditations:As a commercial practice,the Contractor may be required to obtain/possess any variety of certifications,licenses and accreditations for specific FSC/service code classifications offered.All costs associated with obtaining/possessing such certifications,licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program. (d)Insurance:As a commercial practice,the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered.All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program. (e)Personnel:The Contractor may be required to provide key personnel,resumes or skill category descriptions in the performance of orders issued under this contract.Ordering activities may require agency approval of additions or replacements to key personnel. cp Page 8 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) (f)Organizational Conflicts of Interest:Where there may be an organizational conflict of interest as determined by the ordering agency,the Contractor's participation in such order may be restricted in accordance with FAR Part 9.5. (g)Documentation/Standards:The Contractor may be requested to provide products or services in accordance with rules,regulations,OMB orders,standards and documentation as specified by the agency's order. (h)Data/Deliverable Requirements:Any required data/deliverables at the ordering level will be as specified or negotiated in the agency's order. (i)Government-Furnished Property:As specified by the agency's order,the Government may provide property,equipment,materials or resources as necessary. (j) Availabilityof Funds:Many Government agencies'operating funds are appropriated for a specific fiscal year.Funds may not be presently available for any orders placed under the contract or any option year.The Government's obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made.No legal liabilityon the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. 15.CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4,paragraphs (I)Termination for the ordering activity's convenience,and (m)Termination for Cause (Seed.) 16.GSA ADVANTAGE! GSA Advantage!is an on-line,interactive electronic information and ordering system that provides on-line access to vendors'schedule prices with ordering information.GSA Advantage!will allow the user to perform various searches across all contracts including,but not limited to: (1)Manufacturer; (2)Manufacturer's Part Number;and (3)Product categories. Agencies can browse GSA Advantage!by accessing the Internet World Wide Web utilizing a browser (ex.:NetScape).The Internet address is http://www.fss.gsa.gov/. 17.PURCHASE OF OPEN MARKET ITEMS NOTE:Open Market Items are also known as incidental items,noncontract items,non-Schedule items, and items not on a Federal Supply Schedule contract.ODCs (Other Direct Costs)are not part of this contract and should be treated as open market purchases.Ordering Activities procuring open market items must follow FAR 8.402(f). cp Page 9 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) For administrative convenience,an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order,only if- (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g.,publicizing (Part 5),competition requirements (Part 6),acquisition of commercial items (Part 12),contracting methods (Parts 13,14,and 15),and small business programs (Part 19); (2)The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3)The items are clearly labeled on the order as items not on the Federal Supply Schedule; and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. 18.CONTRACTOR COMMITMENTS,WARRANTIES AND REPRESENTATIONS a.For the purpose of this contract,commitments,warranties and representations include,in addition to those agreed to for the entire schedule contract: (1)Time of delivery/installation quotations for individual orders; (2)Technical representations and/or warranties of products concerning performance,total system performance and/or configuration,physical,design and/or functional characteristics and capabilities of a product/equipment/service/software package submitted in response to requirements which result in orders under this schedule contract. (3) Any representations and/or warranties concerning the products made in any literature, description,drawings and/or specifications furnished by the Contractor. b.The above is not intended to encompass items not currently covered by the GSA Schedule contract. 19.OVERSEAS ACTIVITIES The terms and conditions of this contract shall apply to all orders for installation,maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia,except as indicated below: Upon request of the Contractor,the ordering activity may provide the Contractor with logistics support,as available,in accordance with all applicable ordering activity regulations.Such ordering activity support will be provided on a reimbursable basis,and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract. 20.BLANKET PURCHASE AGREEMENTS (BPAs) The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors.The number of BPAs to be established cp Page 10 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s).Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s). 21.CONTRACTOR TEAM ARRANGEMENTS Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts.This includes compliance with Clauses 552.238-74,Industrial Funding Fee and Sales Reporting,i.e.,each contractor (team member)must report sales and remit the IFF for all products and services provided under its individual contract. 22.INSTALLATION,DEINSTALLATION,REINSTALLATION The Davis-Bacon Act (40 U.S.C.276a-276a-7)provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction,alteration,or repair (including painting and decorating)of public buildings or public works with the United States,shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor.The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies,equipment,or services.For example,the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However,if the construction,alteration or repair is segregable and exceeds $2,000,then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act.The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation,deinstallation,and reinstallation services under SIN 132-8. 23.SECTION 508 COMPLIANCE. If applicable,Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT)at the following: www,civicolus.com The EIT standard can be found at:www.Section508.gov/. 24.PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES. Prime Contractors (on cost reimbursement contracts)placing orders under Federal Supply Schedules,on behalf of an ordering activity,shall follow the terms of the applicable schedule and authorization and include with each order - (a)A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor);and (b)The following statement: cp Page 11 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) This order is placed under written authorization from dated . In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract,the latter will govern. 25.INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5) (a)The Contractor shall,at its own expense,provide and maintain during the entire performance of this contract,at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b)Before commencing work under this contract,the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained.The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1)For such period as the laws of the State in which this contract is to be performed prescribe;or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer,whichever period is longer. (c)The Contractor shall insert the substance of this clause,including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract.The Contractor shall maintain a copy of all subcontractors'proofs of required insurance,and shall make copies available to the Contracting Officer upon request. 26.SOFTWARE INTEROPERABILITY. Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability.An item's interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. 27.ADVANCE PAYMENTS A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.Advance or pre-payment is not authorized or allowed under this contract.(31 U.S.C.3324) cp Page 12 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51) 1.SCOPE a.The prices,terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Services within the scope of this Information Technology Schedule. b.The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location,as agreed to by the Contractor and the ordering activity. 2.PERFORMANCE INCENTIVES a.Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract in accordance with this clause. b.The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. c.Incentives should be designed to relate results achieved by the contractor to specified targets.To the maximum extent practicable,ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor.Incentives shall be based on objectively measurable tasks. 3.ORDER a.Agencies may use written orders,EDI orders,blanket purchase agreements,individual purchase orders,or task orders for ordering services under this contract.Blanket Purchase Agreements shall not extend beyond the end of the contract period;all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order.Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation - May 2003)Availability of Funds for the Next Fiscal Year.The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract.In the event of conflict between a task order and the contract,the contract will take precedence. 4.PERFORMANCE OF SERVICES a.The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b.The Contractor agrees to render services only during normal working hours,unless otherwise agreed to by the Contractor and the ordering activity. c.The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order.Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations,as applicable,in effect on the date(s)the travel is cp Page 13 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) performed.Established Federal Government per diem rates will apply to all Contractor travel.Contractors cannot use GSA city pair contracts. 5.STOP-WORK ORDER (FAR 52.242-15)(AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor,require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor,and for any further period to which the parties may agree.The order shall be specifically identified as a stop-work order issued under this clause.Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.Within a period of 90 days after a stop-work is delivered to the Contractor,or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either- (1)Cancel the stop-work order;or (2)Terminate the work covered by the order as provided in the Default,or the Termination f or Convenience of the Government,clause of this contract. (b) Ifa stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified,in writing,accordingly,if- (1)The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2)The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;provided,that,if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) Ifa stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) Ifa stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. 6.INSPECTION OF SERVICES The Inspection of Services-Fixed Price (AUG 1996)(Deviation - May 2003)clause at FAR 52.246-4 applies to firm-fixed price orders placed under this contract.The Inspection-Time-and-Materials and Labor-Hour (JAN 1986)(Deviation - May 2003)clause at FAR 52.246-6 applies to time-and-materials and labor-hour orders placed under this contract. 7.RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations (Federal,State,City, or otherwise) covering work of this character.If the end product of a task order is software,then FAR 52.227-14 (Deviation - May 2003)Rights in Data -General,may apply. cp Page 14 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) 8.RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Services. 9.INDEPENDENT CONTRACTOR All IT Services performed by the Contractor under the terms of this contract shall be as an independent Contractor,and not as an agent or employee of the ordering activity. 10.ORGANIZATIONAL CONFLICTS OF INTEREST a.Definitions. "Contractor"means the person,firm,unincorporated association,joint venture,partnership,or corporation that is a party to this contract. "Contractor and its affiliates"and "Contractor or its affiliates"refers to the Contractor,its chief executives, directors,officers,subsidiaries,affiliates,subcontractors at any tier,and consultants and any joint venture involving the Contractor,any entity into or with which the Contractor subsequently merges or affiliates,or any other successor or assignee of the Contractor. An "Organizational conflict of interest"exists when the nature of the work to be performed under a proposed ordering activity contract,without some restriction on ordering activities by the Contractor and its affiliates,may either (i)result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor's or its affiliates'objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity,ordering activities may place restrictions on the Contractors,its affiliates, chief executives,directors,subsidiaries and subcontractors at any tier when placing orders against schedule contracts.Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize,or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract.Examples of situations,which may require restrictions,are provided at FAR 9.508. 11.INVOICES The Contractor,upon completion of the work ordered,shall submit invoices for IT services.Progress payments may be authorized by the ordering activity on individual orders if appropriate.Progress payments shall be based upon completion of defined milestones or interim products.Invoices shall be submitted monthly for recurring services performed during the preceding month. 12.PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor,upon submission of proper invoices or vouchers,the prices stipulated in this contract for service rendered and accepted.Progress payments shall be made only when authorized by the order.For time-and-materials orders,the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7 (DEC 2002),(Alternate II -Feb 2002)(Deviation - May 2003)applies to time-and-materials orders placed under this contract.For labor- hour orders,the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7 (DEC 2002),(Alternate II -Feb 2002)(Deviation - May 2003))applies to labor-hour orders placed under this cp Page 15 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) contract.52.216-31(Feb 2007)Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition As prescribed in 16.601(e)(3),insert the following provision: (a)The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b)The offeror must specify fixed hourly rates in its offer that include wages,overhead,general and administrative expenses,and profit.The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1)The offeror; (2)Subcontractors;and/or (3)Divisions,subsidiaries,or affiliates of the offeror under a common control. 13.RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14.INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract.The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15.APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive,from the ordering activity's Contracting Officer,written consent before placing any subcontract for furnishing any of the work called for in a task order. 16.DESCRIPTION OF IT SERVICES AND PRICING a.The Contractor shall provide a description of each type of IT Service offered under Special Item Numbers 132-51.IT Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers.If the Contractor is proposing hourly rates,a description of all corresponding commercial job titles (labor categories)for those individuals who will perform the service should be provided. Icon Enterprises'divisions,CivicPlus and Networks Plus,are recognized leaders in the IT field. CivicPlus is identified as a top international provider of quality government websites.We provide a comprehensive service package that ensures efficient website development and management. More than 75 percent of U.S.residents are connected online,and as such,the web has become the default communication channel of choice for a vast majority of people,including your constituents,or as we call them,your customers.They want to conduct their business -including government business -online.Your website should engage your community and we make that engagement happen. We help you evaluate how well you are engaging your community through your website,then we help you improve.We do that through making local government more transparent,encouraging citizens to get active and take ownership of local issues by utilizing communication methods we build into your website,and giving them a voice that in turn lets you hear your citizens'are ideas and concerns. cp Page 16 of 22 Icon Enterprises,Inc. (d/b/a CivicPlus) Our services give you the necessary tools to make sound website-related business decisions and provide the best service for your site visitors.CivicPlus'primary service is its Government Content Management System,which encompasses a robust and scalable content management system,numerous included modules that are flexible to your defined needs,and a service & support package that is unrivaled. Our Services Include: •Expert Website Consultation Our professional staff will analyze and evaluate the usability,functionality,and effectiveness of your current website. •Professional Website Design A team of highly skilled graphic designers work with you to create a unique website that is specific to your community.The website will be very easy to read and navigate for every user and you can add any number of submenus and subpages. •Sophisticated Content Management System The flexible CivicPlus Government Content Management System (GCMS)makes it easy to upload new content and keep a consistent page layout through use of either:Page Wizard,Online Editor which includes a WYSIWYG interface for editing content,HTML upload and Live Edit. •Amazing Tools We offer a number of tools designed to boost engagement and interaction from your community. These include the Citizen Request Tracker,Calendar,Facilities and Reservations,EPayment Center and Community Voice.A number of these tools are also available as applications on mobile devices. •Detailed Training Program Our extensive training program provides you with valuable tools and hands-on experience that is necessary for you to maintain your website at a first-class level. •Comprehensive Support System We offer a combination of support services to provide you with a 24-hour,seven days a week support system consisting of service updates,monthly e-newsletters,e-mail and telephone support.At CivicPlus you will never get caught up in a ceaseless phone tree;you will talk to real people right away. Networks Plus is Kansas'leader in networking,business-level computer support,and custom networking. Employing a highly qualified and certified staff,Networks Plus delivers expert consultation, workstation and server maintenance,custom networking solutions,and wireless opportunities. Every technician holds multiple industry-standard certifications,and our partnership with Microsoft ensures that the customer receives the highest level of quality and customer satisfaction. Our Services Include: •PC Services Networks Plus performs maintenance on workstations,sets up new workstations,and integrates workstations into the network. cp Page 17 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) •Server/Network Services Performing work on servers and admin-level permissions,Networks Plus sets up new servers, maintains existing servers,and secures the network against intrusion. •Wireless Services Our staff of trained and certified network technicians will easily install,upgrade,or maintain your wireless network. •Consulting Offering senior-level consulting services to design and develop networks,Networks Plus' technicians effortlessly plan out your network to your specifications. •Hardware &Software Requisition Using its own distributors,our firm will supply you with the latest hardware and software,building it to your specifications and integrating it into your network. b. Pricing for all IT Services shall be in accordance with the Contractor's customary commercial practices;e.g.,hourly rates,monthly rates,term rates,and/or fixed prices. JOB TITLE:CONTENT DEVELOPER Minimum/General Experience:Experience navigatingthe internet and with Microsoft Office,strong attention to detail,excellent writing skills to include spelling and grammar,ability to handle multiple projects at the same time. Functional Responsibility:Content developers are responsible for the development and editing of nearly all text that is displayed on the websites we develop.This includes working with the clients to ensure that the most current and useful information is available in a clear and easy-to-read display. Developers must be able to meet deadlines and work self-sufficiently to complete the task assigned to them. Edit and/or develop web-based content for our government-based clientele Participate in Content Development department meetings to discuss new strategies /methods of content development Work with the Content Department Manager and Senior Content Developers to ensure that the information being developed is in accordance with client standards /desires Provide content recommendations and suggestions to Senior Content Developers per site Provide weekly summary of questions to Senior Content Developers to provide to client per project Track development of pages and supporting elements each week Be task-minded and complete projects by proposed deadlines JOB TITLE:NETWORK CONSULTANT Minimum/General Experience:5 Years job-related. Functional Responsibility:Network Consultant's provide sound advice for present and future needs of a company regarding their servers,backup solutions,network equipment,PCs,and additional hardware and software.Consultant should be able to provide several options to each situation to give customers different options. Minimum Education:Bachelor's Degree or Equivalent Experience cp Page 18 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) JOB TITLE:PC TECHNICIAN Minimum/General Experience:2- 3 Years job-related preferred. Functional Responsibility:Technicians are responsible for installing and diagnosing hardware and software issues.They should be able to determine hardware or software issue using beep codes,event logs,and other means.Technician should be able to install,repair,and fix operating systems from Windows 95 -Windows Vista,printers,and install drivers for additional hardware such as: •Monitors •Scanners •Other hardware devices. Minimum Education:Associates Degree or Equivalent Experience JOB TITLE:PROJECT MANAGER Minimum/General Experience:6 months to 1 year of customer service experience,experience with Microsoft Office. Functional Responsibility:The Project Manager is responsible for the development and monitoring of client projects.This position is the primary contact for clients from the time the small project is received from the client until completion,coordinating all internal CivicPlus resources to ensure small client projects are completed on time.The Project Manager also owns the "client experience"throughout. •Creates and executes project work plans and revises as appropriate to meet changing needs and requirements. Reviews deliverables prepared by team before passing to client. Facilitates team and client meetings effectively. Resolves and/or escalates issues in a timely fashion. Understands how to communicate difficult/sensitive information tactfully. Suggests areas for improvement in internal processes along with possible solutions. Ensures timely and accurate invoicing Understands our pricing model and billing procedures. Inspires coworkers to attain goals and pursue excellence. Sets and manages client expectations. Develops lasting relationships with client personnel that foster client ties. Communicates effectively with clients to identify needs and evaluate alternative business solutions. Continually seeks opportunities to increase customer satisfaction and deepen client relationships. Builds a knowledge base of each client's business,organization and objectives. JOB TITLE:SERVER AND NETWORK TECHNICIAN Minimum/General Experience:3-5 Years job related. Functional Responsibility:Must be able to do allthe functions of a PC technician plus:Troubleshoot and configure servers,network equipment such as switches,routers,tape drives.Abilityto install and configure Server operating systems from Windows NT to 2003,active directory,and backup software (Veritas,Symantec BackupExec,or ArcServe).Abilityto use the 7 layer OSI model to diagnose and fix network issues such as lost packets,filtering,and segmenting. Minimum Education:Associates Degree or Equivalent Experience cp Page 19 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) JOB TITLE:TRAINER Minimum/General Experience:Strong communication skills, 2+years of training and/or educational experience,familiarity with local government entities and knowledge of their practices. Functional Responsibility:Train new and current clients in the CivicPlus Government Content Management System and its practices through on-site visits,phone,and various media including webinars,as well as direct contact/communication with various clients and departments •Manage a travel schedule for him/herself •Update and manage client training schedules with the cooperation of the Project Management Team,Manager of Training and Consulting,and the Director of Operations.This includes: o Client phone and on-site training and consulting assignments o Training staff meetings o Internal staff trainings •Update the training team with regards to methods,website "best practices",and issues with the current system. •Attend in house staff meetings as assigned •Stay informed with current issues and difficulties with the GCMS as well as announcements for new functionality. •Other duties as assigned JOB TITLE:WIRELESS NETWORK TECHNICIAN Minimum/General Experience:2 - 3 Years job-related Functional Responsibility:Technician shall perform all duties of PC and Server and Network Technicians as well as the following: • Install wireless components such as access points and routers •Know the difference between frequencies and best suited antennas (Yagi or Omni) •Technician should be able to configure,filter,and troubleshot wireless network •Knows how to filter according to MAC, IP address scheme,or proxy •Knows how to place wireless equipment to get best service. Minimum Education:Associates Degree or Equivalent Experience JOB TITLE:WRITER Minimum/General Experience:5-10 years business experience in any of the following:public relations,marketing or advertising,excellent written and verbal communication skills,excellent customer service skills,good organization and time management skills,advanced understanding of punctuation, grammar and organization,background in AP-style writing,engaging,high energy person with proven leadership ability and sharp business acumen,knowledge of basic html,knowledge of social media; interactive media,attention to detail,ability to write and develop many types of content and copy in a very fast-paced environment,proficient in Microsoft Office Suite. Functional Responsibility:This position is responsible for maintaining CivicPlus' reputational equity among the media,prospects,clients and employees through various public relations and corporate communications efforts. • Write interesting and effective press releases,prepare information for media kits •Develop and maintain company internet or intranet web pages. cp Page 20 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) •Develop and maintain the company's corporate image and identity,which includes the use of logos and signage. • Draft speeches for company executives,and arrange interviews and other forms of contact for CivicPlus subject matter experts. • Work with clients on developing testimonials and case studies for publication;ability to write case studies,articles and newsletters for internal and external use. Minimum Education:B.S. or B.A. in Public Relations,Marketing,Journalism,Communications, Business or related field JOB TITLE:GRAPHIC DESIGNER Minimum/General Experience:Experience withAdobe Photoshop,Adobe Illustrator, and Adobe InDesign. Functional Responsibility:The graphic designer is responsible for the revision process on client designs,prepping web designs for programming,additional graphics needed for clients and in-house departments. Collaborate with lead design on the execution of revisions and prepping .psd files. Consistent quality production of graphic material Creative application of elements while maintaining the style set by lead design Completion of projects on deadline Innovative ideas for new product development Giving full attention to what other people are saying,taking time to understand the points being made,asking questions as appropriate Observing,receiving,and otherwise obtaining information from all relevant sources. Developing constructive and cooperative working relationships with others and maintaining them over time. Minimum Education:Bachelor of Art degree JOB TITLE:PROGRAMMER Minimum/General Experience:1 year experience in each of ASP or ASP.NET, SQL,HTML,CSS, and JavaScript. Functional Responsibility:Develop and maintain high levels of code behind the Government Content Management System (GCMS) Add new functionality to enhance the performance and features of the GCMS Replicate and root cause of bugs within the system including code problems,browser compatibility,standards issues,and user created content problems Research and development of new technologies that can enhance the performance,extend the capabilities,or ease the maintenance of the GCMS Define functional and technical requirements for new projects and changes to the current system Technical consulting Design consulting to gear site designs towards web standards,performance,and general usability Internal training for new functionality Internal support for how the GCMS works Setup new servers Setup new sites including the setup on the servers and the layout template for individual sites cp Icon Enterprises,Inc.(d/b/a CivicPlus) Page 21 of 22 •Performance monitoring of servers and sites Minimum Education:Bachelor's Degree ina Programming related field,or a combination of required knowledge and experience JOB TITLE:WEBSITE CONSULTANT Minimum/General Experience:5+years in customer service-oriented field. Functional Responsibility:Provide business-sound direction and guidance to customers inthe following areas: •Website navigation architecture and engineering •Website design:color choices,prominent elements,and supporting elements •Section 508/ADA compliance •Website readability and usability •Content development •Identifying items for featured use Direct and lead company staff in the following areas: •Website design •Navigation development •Content development •Section 508/ADA compliance •GCMS/module enhancements and upgrades •Assist in shaping company business model •Analyze internal procedures •Reengineer processes for the web •Determine and prioritize desired new features for GCMS or modules Minimum Education:Bachelor's Degree inRelated Fieldor equivalent experience Pricing: Labor Category GSA Hourly Rate with IFF Website Consultant $149.01 Project Manager $135.86 Network Consultant $135.86 Wireless Network Technician $135.86 Programmer $131.48 Graphic Designer $109.57 Writer $109.57 Server and Network Technician $109.57 Trainer $109.57 PC Technician $89.41 Content Developer $80.64 ep Page 22 of 22 Icon Enterprises,Inc.(d/b/a CivicPlus) USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS PREAMBLE Icon Enterprises,Inc.(d/b/a CivicPlus)provides commercial products and services to ordering activities. We are committed to promoting participation of small,small disadvantaged and women-owned small businesses in our contracts.We pledge to provide opportunities to the small business community through reselling opportunities,mentor-protege programs,joint ventures,teaming arrangements,and subcontracting. COMMITMENT To actively seek and partner with small businesses. To identify, qualify,mentor and develop small,small disadvantaged and women-owned small businesses by purchasing from these businesses whenever practical. To develop and promote company policy initiatives that demonstrate our support for awarding contracts and subcontracts to small business concerns. To undertake significant efforts to determine the potential of small,small disadvantaged and women- owned small business to supply products and services to our company. To insure procurement opportunities are designed to permit the maximum possible participation of small, small disadvantaged,and women-owned small businesses. To attend business opportunity workshops,minority business enterprise seminars,trade fairs, procurement conferences,etc.,to identify and increase small businesses with whom to partner. To publicize in our marketing publications our interest in meeting small businesses that may be interested in subcontracting opportunities. We signify our commitment to work in partnership with small,small disadvantaged and women-owned small businesses to promote and increase their participation in ordering activity contracts.To accelerate potential opportunities please contact Jesse Manning,Phone:888-228-2233,Fax:785-587-8951; bids@civicplus.com. 2203261.3 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ICON ENTERPRISES,INC. d/b/a CIVICPLUS [Scope ofWork and Fee Proposal] See following pages. Iiv Pricing for Fountain Hills,AZ Exhibit B -CivicPlus Project Deliverables Labor Category Hourly Rate Hours Total Cost Website Consultant $149.01 25.00 $3725.25 Project Manager $135.86 30.00 $4075.80 Network Consultant $135.86 0.00 - Wireless Network Technician $135.86 0.00 - Programmer $131.48 11.00 $1446.28 Graphic Designer $109.57 25.00 $2739.25 Writer $109.57 0.00 - Server and Network Technician $109.57 10.00 $1095.70 Trainer $109.57 15.00 $1643.55 PC Technician $89.41 0.00 - Content Developer $80.64 69.75 $5624.64 Initial Term $20,350.47 Year Two Renewal Term $20,350.47 Year Three Renewal Term $20,350.47 CivicPlus •317 Houston St.,Suite E •Manhattan,KS 66502 •www.CivicPlus.com Toll Free 888-228-2233 •Accounting Ext. 291 •Support Ext.307 • Fax 785-587-8951 MH pP Pricing for Fountain Hills,AZ Project Development Kick-Off Meeting Deliverable:Project Timeline,training jump start and worksheets CivicPlus will:Fountain Hills will: •assign a project manager to this project •review and approve of project plan within 5 business •conduct a Project kickoff to review awarded days contract • if modifications are required after the review of the •establish communication plan for the duration of initial project plan,Fountain Hills has 10 business the project effort days to address the modifications and come to a • work with Fountain Hills to identify all key internal consensus. and external project stakeholders •approve the project plan (limited to two reviews) •develop project plan and timeline prior to proceeding with the project. •provide Project Management and Support •complete the following prior to Phase 1: Functionality and Design Form,Web Team Form and Content Form •update the current primary live website content and delete any pages from the website that are no longer wanted or needed. Phase 1:Website Optimization Deliverable:Needs assessment,best practices and worksheets CivicPlus will:Fountain Hills will: •provide communication support to Fountain Hills,•gather statistics from the current website from the key stakeholders and personnel via weekly past 12 months and provide to CivicPlus status reports and via phone when required • collect pictures to be used in the overall design of •review the goals and expectations submitted on the new website and provide to CivicPlus the forms Fountain Hills completed to ensure •provide a MS Word document template that features Fountain Hills'needs are clearly understood your branding/logo and provide to CivicPlus. •conduct a presentation of findings and •compile a list of all divisions and/or departments recommendations to key project stakeholders within the organization and provide to CivicPlus •submit a list of third-party and in-house developed applications presently being utilized on the current website and provide to CivicPlus • pull a site map or outline of the current website's navigational structure and provide to CivicPlus • a list of any content on the current primary website that must remain as is (verbatim)because of legal requirements Phase 2:Website Layout Deliverable:Website layout and mood board wi I be presented for your approval CivicPlus will:Fountain Hills will: •present one custom layout and one mood •approve one layout and the mood board board based on the goals determined in the •review marketing packet material and previous phase.The presented layout will guidelines show the placement of the navigation and • will provide CivicPlus with all the necessary functionality.The mood board will reflect the DNS items identified for the website color and imagery that will represent the tone •1st billing milestone approved of the design •begin development of the website design upon layout and mood board approval CivicPlus •317 Houston St.,Suite E •Manhattan,KS 66502 •www.CivicPlus.com Toll Free 888-228-2233 •Accounting Ext. 291 •Support Ext.307 •Fax 785-587-8951 e?Pricing for Fountain Hills,AZ Phase 3:Website Reveal Deliverable:Completed website design and navigation structure will be presented.You will be able to propose changes at this time. CivicPlus will: •present a fully functional website •present the up to fifty pages of website content Fountain Hills contracted for • After Fountain Hills approves the design, content and functionality CivicPlus will conduct a review of the website to ensure the statement of work is met • work with Fountain Hills to prepare for training Fountain Hills will: •evaluate the website design and content and provide CivicPlus with feedback •collaborate with CivicPlus on proposed changes •revise the design as many times as deemed necessary,up to the deadline set by Fountain Hills and CivicPlus during the Kick-off meeting • If design changes are requested after the set date,the project's go live willbe adjusted Phase 4:24 Hours Customized Interactive Webinar Training for up to 6 employees Deliverable:Train System Administrator(s)on GCMS®Administration,permissions,setting up groups and users,module administration.Basic User training on pages,module entries,applying modules to pages. Applied use and usability consulting to result in effective communication through your website. CivicPlus will: •provided training to Fountain Hills before the website goes live •train up to 6 staff members based on internal daily task and workflow •train staff members on how to use the GCMS®,update content pages and modules •provide access to training online training manuals and videos for the Fountain Hills staff Fountain Hills will: •provide a location for training in Fountain Hills with internet access •provide computers for staff to be trained on •2nd billing milestone approved Phase 5:Go Live Deliverable:Custom website launched to the public. CivicPlus will: • fix system issues and bugs that Fountain Hills finds • CivicPlus"Quality Control team will complete a final spelling and links check •redirect the domain name to the newly developed website when Fountain Hills signs off on the project Fountain Hills will: •have about three weeks to test and update the final site • notify CivicPlus on any system issues or bugs that CivicPlus needs to fix Project Enhancements Content Consultation Three days on-site,up to six departments per day.Quote includes travel expenses. A consultation package concentrating on evaluating current website content and making recommendations for improved content development,presentation and maintenance. Deliverable:A comprehensive report on evaluation of current content (placement,length,style and effectiveness),recommendations for improvement or creation of new content,a follow-up report reviewing the results of implemented suggestions. GoCitizen Pro Custom Mobile App (iOS &Android) Consolidation of Identified External Site - Full Content,more than 100 pages An option that allows for pages of content to be migrated from sites other than the current primary site to the new primarysite. Migrationof top-level navigation is included. CivicPlus -317 Houston St.,Suite E •Manhattan,KS 66502 •www.CivicPlus.com Toll Free 888-228-2233 •Accounting Ext. 291 •Support Ext.307 •Fax 785-587-8951 c?Pricing for Fountain Hills,AZ Project Development and Deployment Includes the Following: Modules Functionality •Agenda Center •Alerts Center &Emergency Alert Notification •Archive Center • Bid Postings • Blog •Business/Resource Directory •Calendar •Carbon Calculator •Citizen Request Tracker™(5 users) •Community Connection •Community Voice™ •Document Center •ePayment Center •Facilities &Reservations •Frequently Asked Questions •Forms Center •Healthy City « •Intranet < •Job Postings < • My Dashboard « •News Flash < • Notify Me®email and 500 SMS subscribers < •Online Job Application < •Opinion Poll « •Photo Gallery •Quick Links •Real Estate Locator •Spotlight •Staff Directory »Action Items Queue •Audit Trail /History Log »Automated PDF Converter »Automatic Content Archiving •Dynamic Breadcrumbs »Dynamic Sitemap •Expiring Items Library »Graphic Link Administration •Links Redirect and Broken Links Finder •Menu Management •Mouse-over Menu Structure »MuniMobile™ (Mobile Website Browsing) .Online Editor for Editing and Page Creation (WYSIWYG) •Online Web Statistics •Printer Friendly/Email Page •Rotating Content •RSS •Site Layout Options •Site Search & Entry Log •Slideshow •Social Media Integration (Facebook,Share and Twitter) •User &Group Administration Rights •Web Page Upload Utility •Website Administrative Log Support Maintenance of CivicPlus Application &Modules Hosting 7 a.m.- 7 p.m.(CST)Monday -Friday (excluding holidays) 24/7 Emergency Support Dedicated Support Personnel 2-hour Response During Normal Hours Usability Improvements Integration of System Enhancements Proactive Support for Updates &Fixes Online Training Manuals Monthly Newsletters Phone Consulting CivicPlus Connection Install Service Patches for OS System Enhancements Fixes Improvements Integration Testing Development Usage License Shared Web/SQL Server DNS Consulting &Maintenance Monitor Bandwidth-Router Traffic Redundant ISP Redundant Cooling Diesel Powered Generator Daily Tape Backup Intrusion Detection &Prevention Antivirus Protection Upgrade Hardware CivicPlus •317 Houston St.,Suite E •Manhattan,KS 66502 •www.CivicPlus.com Toll Free 888-228-2233 •Accounting Ext. 291 •Support Ext.307 •Fax 785-587-8951 C w9 Pricing for Fountain Hills,AZ Basic Redesign of Website CivicPlus Project Development Services &Scope of Services for CP Basic Redesign New design Redevelop banner Redevelop navigation method (may choose top drop-down or other options) Design setup -wireframe Redevelop graphic elements of website (Newsflash,FAQs,Calendar,etc.) Project Management Testing Review Content Migration- Includes retouching of all existing published pages to ensure proper formatting, menu structure,and application of new site styles.Note:Content willbe formatted or pages broken up (shortened or re- sectioned) Site styles and page layouts will be touched so all pages match the new design and migrate cleanly Spelling and broken links will be checked and reported if unable to correct TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Community Services Staff Contact Information:Mark Mayer -mmayer@fh.az.gov / (480)816-5190 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):Discussionwith PossibleDirection to staff regarding the formal naming of the Avenue of the Fountains median Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):Staff has been requested to suggest several potential name choices to permanently designate the newly upgraded Avenue of the Fountains median.While the median does not fit the description of a park,the following are some suggestions with the name Avenue of the Fountains included: Avenue of the Fountains Greenway Avenue of the Fountains Greenspace Avenue of the Fountains Linear Greenway Avenue of the Fountains Linear Greenspace Avenue of the Fountains Greenbelt Avenue of the Fountains Mall Avenue of the Fountains Plaza Avenue of the Fountains Courtyard Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Page 1 of 2 Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s): List Attachment(s): SUGGESTED MOTION (for Council use):Motion to rename the Avenue of the Fountain median as ? Prepared by: NA 9/8/2014 Director's Approval: NA *J-9/9/2014 App Ken ,(?W>-^^, nager 9/10/2014 Paee2of2 RESOLUTION NO.2014-36 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ADOPTING THE TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY, AMENDED AND RESTATED AUGUST 7,2014. WHEREAS,the Mayor and Council of the Town of Fountain Hills (the "Town Council")has determined that it is in the best interests of the citizens of Fountain Hills to establish a formal procedure and criteria for the receipt or solicitation of, selection of, and agreements with persons or entities for municipal sponsorships,co-sponsorships,sole sponsorships and marketing arrangements (including facility naming rights); and WHEREAS,the Town Council approved Resolution No. 2013-16 on August 15, 2013, adopting the Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy (the "Existing Naming Policy");and '• ' - WHEREAS,the Town Council desires to amend and restate the Existing Naming Policy to amend the procedures for municipal sponsorships. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy,Amended and Restated August 7, 2014, is hereby adopted in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 3.If any section,subsection,sentence,clause,phrase or portion of this Resolution or any part of the policy adopted herein by reference is for any reason to be held invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION 4. The Mayor, the Town Manager,the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 2191429.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,August 7,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: U//^mQ,g/^^dc^- Bevelyn J.Bfihder/Town Clerk REVIEWED BY:APPROVED AS TO FORM: Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney 2191429.1 EXHIBIT A TO RESOLUTION NO.2014-36 [Municipal Sponsorship and Naming Rights Policy,Amended and Restated August 7,2014] See following pages. 2191429.1 TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY Amended and Restated August 7, 2014 1.Purpose.To establish for the Town of Fountain Hills,Arizona (the "Town") a formal procedure and criteria for the receipt or solicitation of,selection of,and agreements with, persons or entities for Municipal Sponsorships,Co-Sponsorships,Sole Sponsorships and Marketing Arrangements,(including Facility Naming Rights),the following Municipal Sponsorships and Naming Rights Policy (this "Policy")is hereby adopted by the Mayor and Council of the Town (the "Town Council").This Policy is intended toset forth the process for the Town to participate in Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship and Marketing Arrangement programs to give valuable support to important Town programs, facilities and services for public benefit by (i)providing funding for Town events from private businesses and (ii) allowingtheTown to partner with activities provided by outside entities.In doing so, the Town must ensure its actions are consistent and appropriate to the Town's vision, mission and values.This Policy is not intended to apply to Bequests or Donations (each as defined below). This Policy shall: A.Establish Procedures.Establish consistent procedures and practices for receipt or solicitation of Municipal Sponsorships (as defined below),Co-Sponsorships (as defined below), Sole Sponsorships (as defined below)and Marketing Arrangements (as defined below)by Town staff. B.Encourage Sponsorships.Encourage solicitation of Municipal Sponsorship opportunities such as Facility Naming Rights,Sole Sponsorships,Co-Sponsorships, Marketing Arrangements and similar agreements that generate revenue (financial or in-kind) in support of existing and new Town facilities, projects, programsor services. C.Encourage Partnerships.Develop public/private alliances to provide programs,events,venues and services within the Town. D. Encourage Staff Innovation. Empower Town departments to seek Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement opportunities to provide funds for programs,events, venues or services they might not otherwise be able to provide to Town residents and visitors. E. Safeguard Town Interests and Goals. Ensure that Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities (1) safeguard the Town's assets and interests, (2) support the Town's goals of service to the community and (3) remain responsive to the public's needs and values. F.Establish Naming Framework.Provide a framework within which requests to name public facilities are considered and evaluated. 2189798.3 2.Scope.This Policy shall govern all Town departments regarding the solicitation of,and the unsolicited offers/requests from third parties related to,Municipal Sponsorships, Co-Sponsorships,Sole Sponsorships and Marketing Arrangements for Town programs,projects, events,venues,facilities and services.Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship and Marketing Arrangement solicitations shall be in furtherance of the Town's needs and conducted in accordance with the provisions in this Policy.All Town staff responsible for,or otherwise involved in,Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship and Marketing Arrangement activities on behalf of the Town or their respective departments shall adhere to the policies, procedures and guidelines set forth herein. A.Third Party Solicitation.Subject to the conditions of this Policy,Town staff may solicit or respond to solicitations from third parties for such Municipal Sponsorships, Co-Sponsorships,Sole Sponsorships or Marketing Arrangements forthe Town. B.Fair Compensation.At all times,recognition for Municipal Sponsorships or Marketing Arrangements must be evaluated to ensure the Town is receiving fair and competitive compensation and that such recognition is consistent with the scale of each Sponsor or Marketing Arrangement's contribution. C Outside the Scope of this Policy.This Policy shall not apply to: (1)Funding obtained through formal grant programs or through intergovernmental agreements with other political subdivisions ofthe State. (2)Town support of external projects where the Town provides funds to an outside organization (examples include,but are not limited to,grants to Nonprofit Organizations). (3)Gifts,Bequests,or unsolicited Donations to a Town department or the Town where no reciprocal commercial benefit is given or expected and no business relationship exists. 3.Definitions. Bequest.A gift or contribution of cash,goods or services given voluntarily and expressed in writing through a willorother testamentary document. Co-Sponsorship.Participation by the Town (via direct funding,waived fees,staff coordination or technical assistance)in an event that is provided by an outside entity and that is closely aligned with or furthers a core Town program or service. Donation.A gift or contribution of cash,goods or services given voluntarily toward an event, project,program or corporate asset where no reciprocal commercial benefit is given or expected. If reciprocal commercial benefits are given or a business relationship exists with a corporate donor,the contribution will be a Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship or Marketing Arrangement,as applicable,and the principles of this Policy will apply. 2189798.3 Facility Naming Rights.The naming of Town-owned and/or operated buildings,structures, natural features and recreational facilities,whether in whole or portions thereof (hereafter referred to individually asa "Facility"or collectively as "Facilities"),and streets,roads or any public rights-of-way (hereafter referred to individually as a "Street"or collectively as the "Streets")within the corporate limits ofthe Town.Portions of a Facility may have names other than that of the entire Facility and features may be dedicated toor in honor of a person such as "Smith Beach"or"Jones'Amphitheater,"subject to the provisions of this Policy. In-Kind Contribution.A contribution received in the form of goodsand/orservices rather than cash as part of a Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship or Marketing Arrangement. Marketing Arrangement.A mutually beneficial business arrangement between theTownanda third party, wherein the third party provides cash and/or in-kind services to the Town in return for access to the commercial marketing potential associated with the Town.Marketing Arrangements may include Municipal Sponsorship or Sole Sponsorship of one or more of the Town's programs,projects,events,Facilities or activities. Municipal Sponsorship.A business relationship in which the Town and another entity exchange things of value, including a public display of support. This value can be financial, in- kind or benefits related to visibility/exposures, publicity or market reach. It should not be confused with Donations (as defined above),the saleof advertising or innovative approaches to purchasing goods or services.Municipal Sponsorships include funds, products or services provided by a company or individual to the Town, in consideration of the opportunity for the company or individual to promote its name, product or service in conjunction with a Town program,project,event, venue or activity. Nonprofit Organizations.Organizationsdesignatedas tax-exemptunderthe FederalTax Code. Sister Agency.Local government entities that are traditional partners with the Town (i.e. FountainHills Unified School District and Fountain Hills Sanitary District). Request for Proposals ("RFP").An open and competitive process whereby the Town invites companies, subsidiaries or individuals to express their interest in participating, and submit proposals to participate, in Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement opportunities with the Town. Sole Sponsorship.A business relationship in which a company, subsidiary or individual has paid to be the only Sponsor of a Town program, project, event, venue or activity. Sponsor.A company or individual that provides the Town with a Municipal Sponsorship and that enters into a Municipal Sponsorship agreement with the Town to promote itself and/or its products or services. 2189798.3 Standards of Responsibility.The requisite standards to enter into a Municipal Sponsorship, Co-Sponsorship,Sole Sponsorship or Marketing Arrangement with the Town.Factors to be considered in determining whether the standards have been met include,butare not limited to, whether a prospective Sponsor:(i)has available (or the ability to obtain)the appropriate financial,material,equipment,Facility,personnel resources and expertise necessary to indicate its capability to meet all contractual requirements;(ii)is able to comply with required or proposed delivery or performance scheduling;(iii)has a satisfactory record of performance;(iv) has a satisfactory record of integrity and business ethics;and (v)is qualified legally to contract with the Town. 4.Restrictions.In general,the following industries and products are not eligible for Municipal Sponsorships,Co-Sponsorships,Sole Sponsorships or Marketing Arrangements, including Facility Naming Rights,with the Town,but the Town may elect to enter into Municipal Sponsorships,Co-Sponsorships,Sole Sponsorships or Marketing Arrangements with these restricted industries or products when it is deemed appropriate by the Town Council acting in its sole discretion. A-Prohibited or Restricted Products.A company,subsidiary and association with products or services that are prohibited or restricted by Town Code or other governing laws and policies. B.Adult Products.A company or subsidiary whose business is substantially derived from the sale or manufacture of tobacco products,products prohibited under federal law or sexual/adult-oriented products. C Alcohol Sponsor at Youth-Related Events.Alcoholic beverages when the intended audience of or participants in the Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship or Marketing Arrangement are youth under the legal drinking age. D-Parties not Deemed Responsible.Parties that are not deemed responsible under the Standards of Responsibility. E-Parties to Litigation. Parties involved in a lawsuit with the Town. F-Separate Contracts.Parties involved in any stage of negotiations for a Town contract unless the contract is directly linked to a Municipal Sponsorship,Co-Sponsorship, Sole Sponsorship,Marketing Arrangement or Facility Naming Rights opportunity. G-Conflicts of Interest.Individuals or commercial enterprises having past, present or pending business agreements or associations with the Town,if a Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship or Marketing Arrangement Agreement would create an appearance of impropriety. H-Pending Land-Use Approval.Parties with an active case for any land-use approval before the Town. 2189798.3 I-Religious or Political Entities.Religious or political associations or candidatesrunning for any politicaloffice. 5. Roles and Responsibilities. A. Responsibilities of Town Departments. (1)Initiating Town Department.The initiating Town department shall (a)ensure adherence to the principles and guidelines outlined in this Policy,(b)prepare a proposal setting forth the scope of the program or project as provided in Subsection 6(A) below and (c)work with the Town Finance Division to ensure appropriate budgeting of revenues and expenditures and with theTown Attorney's Office to ensure the integrity of the procurement process and the legal sufficiency of contractual obligations. (2)Finance and Budget.The Finance Division shall provide general guidance,cost/benefit analysis,and direction relating to the appropriate budgeting of revenues and expenditures in a manner that maximizes the benefits of each Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship,Marketing Arrangement or Facility Naming Rights arrangement for the initiating Town department,the Town and the Sponsor. (3)Procurement.When applicable,the Town Manager or authorized designee shall oversee the preparation of the RFP or other competitive solicitation for Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship,Marketing Arrangement and Facility Naming Rights opportunities. (4) Town Attorney.The Town Attorney's Office shall provide legal review of any RFP or other competitive solicitation for Municipal Sponsorship,Co- Sponsorship, Sole Sponsorship,Marketing Arrangement and Facility Naming Rights opportunitiesand oversee the preparation of all Municipal Sponsorship,Co-Sponsorship, Sole Sponsorship, MarketingArrangement and FacilityNaming Rights agreements. (5) Town Manager.The Town Manager shall review all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities, including interim reports provided from time to time by Town departments.The Town Manager also shall be responsible for determining the frequency of reports by Town departments. 6. Procedures. The Town's participation in Municipal Sponsorship, Co- Sponsorship,Sole Sponsorship,Marketing Arrangement and/or Facility Naming Rights activities shall be according to the procedures set forth below.For Municipal Sponsorships,Co- Sponsorships,Sole Sponsorships,Marketing Arrangements and/or Facility Naming Rights arrangements initiated by the Town,Subsections 6(A)- (G) shall apply; for Municipal Sponsorships,Co-Sponsorships,Sole Sponsorships,Marketing Arrangements and/or Facility Naming Rights arrangements initiated by another person or entity,Subsections 6(B),(D), (E), (F) and (G) shall apply. 2189798.3 A.Prepare a Proposal.A Town department considering a potential Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship,Marketing Arrangement or Facility Naming Rights arrangement shall prepare a proposal setting forth the scope of the program or project,including a description of the community benefit,financial goals,means of recognition, potential interested Sponsors,and general marketing strategy if a Marketing Arrangement is involved.The proposal shall be submitted to the Department Director for review and approval. If Facility Naming Rights are involved and will result in a name change to an existing Facility, the history and legacy of the current municipal Facility should be considered and/or incorporated within the new proposed name.All Facility or Street naming shall be in accordance with the additional procedures set forth in Sections 8 and 9 below. B-Estimate Value.If the proposed Municipal Sponsorship or Marketing Arrangement includes Facility Naming Rights or granting Sole Sponsorship,the Department Director shall provide a reasonable basis for determining the value of the Municipal Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity.At the Town Manager's discretion,a qualified third party maybe used to establish value. c-.Develop and Implement Solicitation.The applicable Town department, working with the Town Attorney,shall develop an RFP for each Municipal Sponsorship, Co-Sponsorship,Sole Sponsorship or Marketing Arrangement opportunity valued greater than $10,000 and all Facility Naming Rights opportunities and the most beneficial,qualified response shall be submitted to Town Council with a recommendation for approval.Town-originated Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship or Marketing Arrangements valued at $10,000 or below and revenue producing or "no-cost"Municipal Sponsorship, Co-Sponsorship,Sole Sponsorship or Marketing Arrangement opportunities that involve the provision of commodities or services provided either to the Town or the Fountain Hills community in support of Town operations,functions or programs through which the provider will benefit monetarily,must be awarded using a competitive process that is appropriate to the value,complexity and profile of the business opportunity.Municipal Sponsorship, Co-Sponsorship,Sole Sponsorship or Marketing Arrangement proposals forwarded to the Town are not subject to competitive solicitations if the proposed Municipal Sponsorship, Co-Sponsorship,Sole Sponsorship,Marketing Arrangement or Facility Naming Rights opportunity is determined through a good faith effort to be unique and without interested competitors. D-Evaluate Submissions.The applicable Town department shall review and analyze all responsive submittals received and shall provide a recommendation of approval or denial to the Town Manager.The submittals shall be reviewed against selection criteria that may include,but are not limited to: (1)Consistency of the prospective entity's products,customers and promotional goals with the Town's character,values and service priorities,including the most recently adopted Town Council goals. (2)The ability for the Town to retain its identity as owner/operator of the Facility or principal provider of the service. 2189798.3 (3) The prospective entity's historical participation and association with community projects,events andcontinuedwillingness to participate. (4) The operating and maintenance costs to the Town associated with the proposed sponsorship. (5) Anticipated public perception of the associationwith the Town and the prospective entity and community support for,or objection to, the prospective entity. (6) The prospective entity's regard for and demonstrated success in valuing diversity. (7) The prospective entity's regard for and demonstrated success in environmental stewardship. E. Develop Agreement.In the event a Municipal Sponsorship,Co- Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights proposal is recommended for approval, the Town department will work with the Town Attorney's Office to prepare an agreement consistent with all applicable Town Codes, policies and ordinances. The agreement shall contain a provision granting the Town the right to suspend or terminate the Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship,Marketing Arrangement or Facility Naming Rights agreement if, in the sole discretion of the Town Manager or the Town Council (whichever approved the agreement), the continued arrangement would no longer satisfy the selection criteria by which the arrangement was initially approved. F. Manager Review:Council Approval.The Town Manager shall review all Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship and Marketing Arrangement proposals and shall submit to the Town Council for approval all Municipal Sponsorship,Co- Sponsorship,Sole Sponsorship or Marketing Arrangement Agreements (1)with an aggregate value greater than $10,000,(2)involving Town contributions,whether in cash or as an In-Kind Contribution greater than $10,000, (3)involving a request to close public access to a Town- owned facility for more than one day, (4)involving events lasting longer than one week (including set-up and take-down)and (5) all agreements involving Facility Naming Rights. Municipal Sponsorship,Co-Sponsorship,Sole Sponsorship or Marketing Arrangement Agreements not identified in clauses (F)(l)-(5)above may be approved by the Town Manager. G. Record Financial Transaction. In the event a Municipal Sponsorship is received as an In-Kind Contribution of goods or services, the Finance Division shall create and retain a record of that donation and any associated revenue or expense to the Town to document the financial transaction to the Town. 7. Co-Sponsorship Requests. The Town actively supports the efforts of Nonprofit Organizations, other governmental agencies and Sister Agencies whose events are (i) held in Town parks and Facilities and (ii) furtherTown core program goals and services. Such support may include fee waivers, reduced fees, reduced rental chargesand Co-Sponsorship. All permit fee waivers and reductions,reduced Facility rentals and Co-Sponsorship agreements must comply with the guidelines and procedures set forth below. 2189798.3 A.Fees.The Town charges everyone a fee to permit and have priority useof any park,amenity,stage or recreation Facility.This fee is to cover extra operational expenses associated with the use or event and to guarantee the space for the permittee.Fees are based upon the purpose and size of the event.Additional fees are charged as a damage deposit.Fees may be modified as follows: (1) Any Nonprofit Organization that meets the guidelines set forth below may receive a 50%reduction in fees or rentals. (2) The Town may further reduce or waive an outside organization's permit or rental fees for an eventonTown property that (a)has close association withthe Town's core program goals and services and (b)provides the Town with positive marketing exposure.The determination as to further waivers shall be made by the Town Manager or the Town Council,with the authority for such review determined according to the limitations set forth in Subsection 6(F)above. B.Requirements for Reduced Fees.Any Nonprofit Organization applying for a Town permit or Facility rental may be granted a 50%reduction in fees if the following criteria are met: (1)At the time of the request for reduced fees,the Nonprofit Organization provides a copy of the determination letter from the IRS granting the Nonprofit Organization tax-exempt status. (2)The mission of the Nonprofit Organization does not conflictwith the Town's regulations,mission or policies. (3)No fundraising activities are involved as a part of the program or event.Any exceptions must be approved by the Town Manager or Town Council pursuant tothe process set forth in Subsection 7(A)(2)above. (4)The Nonprofit Organization permit-holder must remain responsible for damage fees and other costs,including,but not limited to,general liability insurance, police coverage,player/team fees,electrical fees,lights,overnight security,concessions, toilet/trash service agreements,fencing and any other additional needs and agreements pertaining to the event.Damage deposits are never waived for events conducted by organizations from outside of Fountain Hills. Events at the Desert Vista Skate Park require an additional damage deposit in addition to the regular park permit procedure. (5)Except for Municipal Sponsorship Agreements,any fee reductions for athletic field permits should be limited to youth tournaments and events only.Youth programs must be based in Fountain Hills and primarily serve Fountain Hills residents. The permit-holder is responsible for the damage deposit and any athletic field light fees. 2189798.3 C.Requests for Co-Sponsorships of Non-Governmental Entities. The Town has a limited In-Kind Contribution budget each year to actively co-sponsor events.Primarily, the Town can provide limited staff coordination and technical assistance. Organizations still must fund other associated costs, including, but not limited to, the cost of additional dumpsters, portable toilets, lighting, etc. When evaluating proposals from organizations, the following criteria are used: (1) The event/program should promote beneficial use of the park, Facility,or program. (2) The event/program should be open to the public. (3)The event/program should support the Town's core recreation programs,mission and goals. (4) The event/program should demonstrate community pride and involvement. (5) The event/program should not have a religious or political purpose. (6) Priority should be given to events/programs that support or positively impact youth. (7) The sponsoring organization should clearly recognize the Town as a co-sponsor (including logo) on all materials and announcements associated with the event or program, subject to the Town's prior, written approval of the use of the Town logo or trademarks.The Town may display its banners at all co-sponsored events. D.Requests for Co-Sponsorship of Other Governments and Sister Agencies. (1) If another governmental entity or Sister Agency (i.e. Fountain Hills Unified School District or Fountain Hills Sanitary District)is only a supporting sponsor foranother outside organization, that other outside organizationstill must apply forTown Co-Sponsorship. (2) If another governmental entity or Sister Agency is the primary organizer for a public program or event, generally the Town will grant a request to be a co-sponsor.Like sponsorship of outside organizations,the governmental entity or Sister Agency still is responsible forall other costs associatedwith the program or event. (3) The governmental entity or Sister Agency holding the program or event must clearly acknowledge the Town as a co-sponsor on all written materials associated with the event, subject to the Town's prior,written approval of any use of the Town logo or trademarks. 2189798.3 8.Facility Naming General Policies. A.Recommendations to Other Bodies.This Policy should be followed in reviewing or preparing the Town's official comments or recommendations to State,Federal, and/or intergovernmental boards taking actions regarding geographic names,naming or renaming of Facilities or Streets. B.Town Request:Town Council Consideration.The Mayor,three members of the Town Council,or the Town Manager may request the naming or renaming ofa Facility or a Street.Thereafter,the Town Council shall discuss the requested renaming at a public meeting. C.Bond-Financed Facilities or Streets.Ifa bond-financed Facility or Street is proposed or requested to be named or renamed,bond counsel must review and approve the request or proposal before consideration ata Town Council meeting. D.Public Notice.The Town Council shall provide appropriate public notice of any Street or Facility naming actions in conjunction with other agenda items for regularly- scheduled meetings. E-Changes to Approved Names.Once a name has been officially approved by the Town Council,changes should be strongly resisted. F-Town Council Discretion.In all cases, the Town Council reserves the right to accept or reject any proposal to name or rename a Street or Facility,in its sole discretion. G-Town Manager Duties.The Town Manager,upon approval of the naming or renaming action by the Town Council,shall implement names or name changes of Facilities or Streets.The Town Manager shall notify those who have submitted the suggestion as well as other appropriate offices and agencies.Upon Town Council denial of a name or name change, the Town Manager shall notify those who requested the name change. 9. Facility Naming Criteria. A-For Facilities and Streets Generally.Recognizing that the naming or renaming of a Facility or Street should be approached cautiously with forethought and deliberation,the following criteria are hereby established: (1)To avoid duplication,confusing similarity or inappropriateness,the Town Council,in considering name suggestions,shall review existing Facility and/or Street names, as applicable. (2)In naming Facilities and Streets,consideration shall be given to geographic location,historical or cultural significance and natural or geological features. In the construction of a Facility,the address designation shall be used until the formal naming of the Facility.Whenever possible,naming shall be made prior to the completion of constructionof a Facilityor Street. 2189798.3 10 (3)Facilities and Streets maybe named only for a deceased individual or individuals if (i)the individual or individuals has/have enhanced the quality of life within the Town and (ii)two years or more has elapsed between the consideration for naming and the time of death of the individual or,in the case of related individuals,two years after the death of one of the individuals.The deceased individual shall have performed outstanding service in one or more of the following categories: (a)Maintained involvement in a leadership role in civic organizations that are devotedto community improvement. (b)Provided assistance to the underprivileged,economically disadvantaged or physically and/or mentally handicapped. (c)Actively promoted and directed community events and activities that have clearly added to the enrichment of the quality and quantity of cultural life within the community. (d)Actively promoted and implemented effective programs andactivitieswithin the community for the Town's youth. (e) Actively promoted and implemented effective programs and activities within the community for the Town's senior citizens. (f) Assumed an active leadership role in developing and implementing programs directed tothe improvement of the visual aesthetic appearance of the community at the commercial, public or residential level. (g) Assumed an active leadership role in developing programs and Facilities directed toward the improvement of community socialand health needs as well as programs directed toward humanitarian purposes. B.Additional Criteria Applicable to Streets.In considering the renaming or namingof aStreet, theTown Council shall considerthe following: (1) Street names, plats, specific sites and places and natural features indicated on general usage maps for 50 years or more (age criteria applied by the National Register of Historic Places)should be changed only under exceptional circumstances.Street names shall not be similar in spelling or pronunciation to a presently-existing major collectoror arterial road in the Phoenix Metropolitan area.No Street shall be named by number only according to the street numbering grid (i.e. 150th Street) unless the Street follows a straight north-south alignment. (2) Attention should be paid to maintaining sequential, numerical and alphabetical naming patterns when considering any Street name changes or additions. All Streets shall be named and numbered consistently with the County-wide street numbering system and no such name or change of name shall take effect until (a) the affected public safety agencies have been notified and (b) all impacted public safety 2189798.3 11 dispatch maps have been amended.Any extensions of presently-existing Streets within orinto theTown shallbearthe same name asthe existing roadway.No Street name shall contain a homonym. (3) New Streets shall be named according tothe following guidelines: (a)In most cases,the Street name will be proposed by the property owner,reviewed bytheTown staff and approved by theTown Council as part of its consideration of a final plat for adevelopment within theTown. (b) If an unnamed private Street is dedicated to the Town, the name may be suggested by the property owners thereon, but the Town Council shall make the final determination. (4) No Street shall be renamed unless: (a)The new Street name is notone already well-known in the Phoenix metropolitan area. (b)There are no (or very few)buildings or other addressed Facilities presently existing alongthe Street. (c)The new Street name will not be confused with other existing Streets in the Town. (d)The new Street name shall not be the same as a specific living person within the Phoenix Metropolitan area. C Historical Reference.Changes of names for Facilities or Streets should be approved only when they do not violate historical or common usage names.Facilities and Streets may be named after research reveals that the area around the Facility or Street has been commonly, yet unofficially, namedby the residents in the area. D-Donor Naming.Facilities and Streets may be permanently named for an individual (alive or deceased),organization,or business if that individual,organization or business has made a donation of money,land or other goods and/or services to the Town equal to at least half the full cost of the Facility or Street,either for purposes of developing a particular Facility or Street or for the Town's Capital Fund.Such arrangements will be called "Permanent Naming."Permanent Naming proposals that are not in accordance with Section 4of this Policy shall not be considered. 2189798.3 12 Meeting Date:9/18/2014 Agenda Type:Regular Staff Contact Information:Ken Buchanan Strategic Values:Environmental Stewardship TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Administration Council Goal: Minimize pollution,reduce energy consumption REQUEST TO COUNCIL (Agenda Language):Seek direction from the Town Council to proceed with the development of a Request for Proposals (RFP)for a Solar Services Agreement (SSA)/Power Purchase Agreement (PPA) or Cooperative Purchasing Agreement for a Solar Generating System at the Cutillo Civic Plaza. Applicant:Ken Buchanan,Town Manager Applicant Contact Information:Raymond Rees,Facilities/Environmental Supervisor Property Location:Cutillo Civic Plaza Related Ordinance,Policy or Guiding Principle:n/a Staff Summary (background):As explained by the Staff Memorandum attached,a solar project is feasible of the potential savings to the Town over $500,000 in electrical costs over a 20 year period for the Cutillo Civic Plaza.This is based on a project that provides a balanced usage to electrical generation ratio of what would be used.Added to the electrical savings over time,the project has no construction costs to the Town of Fountain Hills.The project would require shade structure to be constructed in the parking complex.There are issues with this project that would require the removal of landscaping and the aesthetics of the shade structures as well as depicted in the attached photos. Risk Analysis (options or alternatives with implications):n/a Fiscal Impact (initial and ongoing costs;budget status):$500,000 estimated savings ($25,000 annually)in electrical costs through a Solar Sevice Agreement over a 20 year period.The initial construction of the project is at no cost to the Town of Fountain Hills. Budget Reference (page number):n/a Funding Source:NA If Multiple Funds utilized,list here:n/a Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):n/a Staff Recommendation(s): List Attachment(s):Staff Analysis Memorandum Page 1 of 2 SUGGESTED MOTION (for Council use):N/A Prepared by: NA 9/18/2014 Director's Approval: NA 9/18/2014 &pprt>ved:f""^ Ken Buchanan,Town Manager Appr Ken Buchanan,Town Manager 9/18/2014 Page 2 of2 utilloCivicPlazaposedSolarProjecti BackgroundStaffwasasked to explorethepossibilityofbriningin asolargeneratingsystemtodefraythecostofelectricitySeveralfundingmechanismswerefoundtobeavailablePowerPurchaseAgreement(PPA) / SolarServicesAgreement(SSA)SolarLeaseAgreementSolarPurchase Power Purchase Agreement(PPA) Solar Services Agreement (SSA) The PPA/SSA allows for an entity to enter into an agreement in which they purchase powerat a predetermined rate overa period of time. A solar generating system is constructed bya solar system provider on the purchaser s property at no cost,and is maintained by the provider for the duration of the contract,including the inverters which can be costly to replace.Typically at the end of the contract the system issold to the purchaser fora prorated and predetermined amount.Afterwhich the purchaser assumes all responsibility for the system. Solar Lease Agreement The Solar Lease Agreement allows you to pay for a solar generating system over a period of time rather than all the cost upfront.Typicallyit ispaid for with the savings from the system generating electricity. The user will see saving on their power bills immediately. Solar Purchase The outright Solar Purchase has the most upfront cost to the purchaser.Since it is purchased outright the owner is responsible for the construction and maintenance of the system unlike the Solar Lease or PPA/SSA models.They will also not see a return on the investment for several years but saving on purchasing electricity is the highest of the options. Research and site visits Staff met with energy conservation specialists from the Cities of Tempe and Mesa and with the representative from the "Sustainable Cities Network"out of the Global Institute of Sustainability -ASU.Each having the experience and background of purchasing solar generating systems. Staff visited several municipal solar generating sites City of Mesa City of Casa Grande City of Chandler ('.,'-#huh'•••irf •?V y[A I11 ••'*. W Si;• X $•n -If? ~-...^RedMountainLibrary-Mesem i\ Pi \ untainLibrary-Mesa CutilloCivicPlazaProposedSolarProject•TownHall:estimatedsavingsof$85,400over20years•CommunityCenter,Library&PhysicalPlant:estimatedsavingsof$443,000over20years ProcurementOptionsFormalRequestforProposalsGovernmentalCooperativePurchasingAgreement TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/18/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:Ken Buchanan,Town Manager Council Goal: Strategic Values:Public Safety,Health Welfare Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of ORDINANCE 14-09,amending Town Code,Chapter 9,regarding firearm compliance. Applicant:Ken Buchanan,Town Manager Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:n/a Staff Summary (background): All cities and towns in Arizona are required to adhere to the new firearms laws.Ordinance 14-09 amends the Town Code provisions that previously banned weapons in all town-owned parks,in order to ensure that the provisions are compatible with State law. Risk Analysis (options or alternatives with implications):n/a Fiscal Impact (initial and ongoing costs;budget status):n/a Budget Reference (page number):n/a Funding Source:NA If Multiple Funds utilized,list here:n/a Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):n/a Staff Recommendation(s):Approve Ordinance No.14-09 as written. List Attachment(s): SUGGESTED MOTION (for Council use):Move to approve Ordinance No.14-09. Page 1 of 2 Prepared by: NA 9/18/2014 Director's Approval: NA 9/18/2014 Approved:^~~n Ken Buchanan,Town Manager 9/18/2014 Page 2 of2 ORDINANCE NO.14-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING ARTICLE 9-4 OF THE FOUNTAIN HILLS TOWN CODE RELATED TO THE STATE OF ARIZONA LAW ON THE REGULATION OF FIREARMS. WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town Council")desire to amend the Fountain Hills Town Code ('Town Code")to bring it into conformance with Arizona law related to municipal regulation of the possession and carrying of firearms in Town parks. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA as follows: SECTION 1. The recital above is hereby incorporated as if fully set forth herein. SECTION 2. TheTown Code Chapter9 (Parksand Recreation),Article9-4 (Park Rules and Regulations),Section 9-4-3(A)(Rules and Regulations at Town Owned Parks),is hereby amended as follows: A. All persons who use Town owned Parks shall obey the following rules while on park property. 3. No firearms or weapons,EXCEPT AS AUTHORIZED BY ARIZONA LAW. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] 2224701.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,September 18, 2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 2224701.1 Meeting Date:9/18/2014 Agenda Type:Regular Staff Contact Information:Ken Buchanan Strategic Values:Civic Responsibility TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Administration Council Goal: Communicate role of government/associated costs REQUEST TO COUNCIL (Agenda Language):REVIEW with possible COUNCIL DIRECTION regarding the Arizona League of Cities and Towns Legislative Program for the 2015 Legislative Session. Applicant:Ken Buchanan,Town Manager Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:n/a Staff Summary (background):Each year the Arizona League of Cities and Towns develop a legislative Agenda through resolution format to advocate on behalf of all cities and towns in Arizona.A review is necessary to determine priorities,if any. Risk Analysis (options or alternatives with implications):n/a Fiscal Impact (initial and ongoing costs;budget status):n/a Budget Reference (page number):n/a Funding Source:NA If Multiple Funds utilized,listhere:n/a Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):n/a Staff Recommendation(s): List Attachment(s): SUGGESTED MOTION (for Council use):N/A Prepared by: Director's Approval: NA~9/18/2014 Page 1 of 2 NA 9/18/2014 Dprpved: Ken Buchanan,Town Manager 9/18/2014 Page 2 of2 League of Arizona Cities &Towns 2015 Resolution Submissions No..Summary Sponsor Recommendation 1 Creation of Enhanced Municipal Services Districts as a new type of improvement district not restricted to slum or blight.Lake Havasu Recommend for Adoption 2 Revenue Allocation District - any incremental increase in revenue streams above the base could be used by the district to fund public improvements within the district.Allows anticipated revenues to be used to finance components of projects. Lake Havasu Recommend for Adoption 3 Encourage the development of commercial and industrial zoned parcels primarily through property tax incentives that support speculative development. Bullhead City (Tri- City) Not Recommended 4 Make retention and detention basins eligible for operation and maintenance cost payments through an improvement district. Yuma Recommend for Adoption 5 Establish a mechanism enabling local government to create renewable energy and conservation financing districts.Flagstaff Recommend for Adoption 6 Stop future sweeps of Highway User Revenue Funds (HURF)allocated to Arizona cities and towns and to restore HURF funding to FY2008 levels. Yuma Recommend for Adoption 7 HURF revenue study committee to develop recommendations for new or expanded revenue streams.Kingman Recommend for Adoption 8 Authorize municipalities to use a sampling method to determine population estimates and housing vacancy rates for mid-decennial population updates. Prescott Valley Not Recommended 9 Restore AZ Housing Trust Fund.Flagstaff Significant Municipal Issue 10 Restore the Arizona State Park Heritage Fund.Sedona Recommend for Adoption 11 Appropriate $20 million to the Greater Arizona Development Authority (GADA)infrastructure fund,restoring its original statutory mandate and pre-FY2008 funding level. Apache Junction Recommend with Amendments 13 Explore mechanisms to improve public safety pensions that create an economically sustainable retirement system,such as including one representative from both a large city and a small non-metropolitan city on the PSPRS board. Flagstaff Recommend with Amendments 14 Make the requirements for annexation a more simple and flexible process. Yuma Recommend for Adoption 15 Place reasonable limits on the frequency of requests for public records and on requests that are overbroad or abusive.Yuma Not Recommended 16 Ban the use of a cell phone,smart phone or similar data devices with one or both hands while in control as the driver of a motorized vehicle,except in the case of an emergency. Sedona Significant Municipal Issue League of Arizona Cities &Towns 2015 Resolution Submissions 17 Permanentlyallowcities andtownsto calculatethe majorityof votescast for a municipal office based on the total number of votes cast for that office.Gilbert Recommend for Adoption 18 Allow thestateof Arizona to partnerwithcitiesandtownsforthe operation and maintenance of Arizona State Parks under long-term leases.Yuma Not Recommended 19 Reducethe shortage of healthcare professionals in Arizona,including addressing the issue of residency.Sierra Vista Recommend with Amendments 20 Pass legislation orengageinother activities that supportandadvocatefor resources to improve Arizona's ports of entry with Mexico and related infrastructure. Douglas Recommend for Adoption 21 Supportthe long-term retentionof Arizona's military installations. Sierra Vista Recommend for Adoption League StaffRecommendations Support legislation to precludetheArizonaDepartment of Transportation (ADOT)from requiringcities andtowns to completelyindemnifyADOTin order to obtainaccessto certain federal funds. Support legislation to streamline the implementation of development impact fees including, butnot limited to,expansion and clarification of allowable uses,shorter implementation time frames,and reduction of complexity and ambiguity. Recommend for Adoption Recommend for Adoption Key to Committee Recommendations Recommend for Adoption -Becomes a part of the Municipal Policy Statement,and will help guide legislative activity inthe coming session. Recommend with Amendments -Becomes a part of the Municipal Policy Statement,and will help guide legislative activity in the coming session, but needed amending for either content or technical reasons. Significant Municipal Issue -Although an important concept to cities and towns,does not quite rise to the level of legislative activity.League staff mayaddress the issue with state agencies and/or other stakeholders. Not Recommended -The resolution may betoo confined toone community,beonits face contrary to core principles,ornotinline with current agreements with other stakeholders. NOMINATING COMMITTEE REPORT OFFICERS AND EXECUTIVE COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS Officers and members of the Executive Committee are elected for two year overlapping terms. The following officials are currently serving terms on the Executive Committee which expire in August 2015: Gilbert Lopez,Vice Mayor,Coolidge Lana Mook,Mayor,El Mirage Thomas L.Schoaf,Mayor,Litchfield Park Ed Honea,Mayor,Marana Kenny Evans,Mayor,Payson Bob Barrett,Mayor,Peoria Greg Stanton,Mayor,Phoenix Harvey Skoog,Mayor,Prescott Valley Rick Mueller,Mayor,Sierra Vista Bob Rivera,Mayor,Thatcher NOMINATING COMMITTEE RECOMMENDATIONS FOR OFFICERS AND EXECUTIVE COMMITTEE MEMBERS Mark Mitchell,Mayor,Tempe Jay Tibshraeny,Mayor,Chandler Mark Nexsen,Mayor,Lake Havasu City Doug Von Gausig,Mayor,Clarkdale Gerald W.Nabours,Mayor,Flagstaff Linda Kavanagh,Mayor,Fountain Hills John Lewis, Mayor,Gilbert Jerry Weiers,Mayor,Glendale Christian Price,Mayor,Maricopa W. J."Jim"Lane,Mayor,Scottsdale Daryl Seymore,Mayor,Show Low Sharon Wolcott,Mayor,Surprise Jonathan Rothschild,Mayor,Tucson Douglas J.Nicholls,Mayor,Yuma Alex Finter,Mayor,Mesa PRESIDENT VICE PRESIDENT TREASURER TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM TWO YEAR TERM ONE YEAR TERM