Loading...
HomeMy WebLinkAbout150402P z:\council packets\2015\r150402\150402ar.docx Last Printed: 3/31/2015 5:24 PM Page 1 of 4 REVISED 4/1/15 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, APRIL 2, 2015 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 Vice Mayor Dennis Brown Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Councilmember Cecil A. Yates z:\council packets\2015\r150402\150402ar.docx Last Printed: 3/31/2015 5:24 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 A.R.S. §38-431.03(A)(1), discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body (Specifically, for the purpose of discussing the Town Manager recruitment process). 2. ADJOURNMENT. REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii) PRESENTATION by Michael Stull, Government Relations Manager for Cox Communications; highlighting new technology and Cox’s commitment to the community. 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\2015\r150402\150402ar.docx Last Printed: 3/31/2015 5:24 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 th e 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 the TOWN COUNCIL MEETING MINUTES from March 10 and 19, 2015. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Laurice Jewel Sabori, Owner/Agent of Chateau Vino, LLC located at 14235 N Yerba Buena Way Fountain Hills, AZ. This is for a series 4, In State Wholesaler. 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Andrea Dahlman Lewkowitz, Owner/Agent of Palisades Beverage, LLC DBA The Club at CopperWynd located at 13225 N Eagle Ridge Dr Fountain Hills, AZ. This is for a series 11, Hotel/Motel. 4. CONSIDERATION of approving the REQUEST BY THE PUBLIC ART COMMITTEE that the $2,000 cost for the bronze sculpture titled, "Second Mesa Maiden" and the $200 delivery fee be paid from the Public Art 1% Fund. The sculpture’s placement at Fountain Park was approved at the March 5th Council meeting. 5. CONSIDERATION of approving the REQUEST BY THE PUBLIC ART COMMITTEE that the $800 cost of the donor plaques for "Second Mesa Maiden", "Red Rock Crossing", and "Vigilance" be paid from the Public Art 1% Fund. 6. CONSIDERATION of approving RESOLUTION 2015-09, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southwesterly property line of Plat 505C, Block 3, Lot 6 (15837 E. Centipede Drive) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA2015-02 (Eastman) 7. CONSIDERATION of approving AMENDMENT NO. 1 to Contract No. C2015-104 with Nesbitt Contracting Co., Inc., in an amount not to exceed $298,271.88, for the construction of the Shea Boulevard widening project. REGULAR AGENDA ITEMS 8. CONSIDERATION of ACCEPTING the USA TODAY Community Grant Award, in the amount of $10,000, for the Town of Fountain Hills “Make a Difference Day” entry and the Town’s Make a Difference Day Planning Committee’s recommendation that the grant funds be given to the Fountain Hills Noon Kiwanis Organization towards their Centennial Project (replacement of the Town’s Golden Eagle Tot Lot playground equipment). z:\council packets\2015\r150402\150402ar.docx Last Printed: 3/31/2015 5:24 PM Page 4 of 4 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 10. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 11. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 12. ADJOURNMENT. DATED this 26th day of March, 2015. 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. z:\council packets\2015\r150402\150402ar.docx Last Printed: 3/31/2015 5:24 PM Page 1 of 4 REVISED 4/1/15 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, APRIL 2, 2015 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 Vice Mayor Dennis Brown Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Councilmember Cecil A. Yates z:\council packets\2015\r150402\150402ar.docx Last Printed: 3/31/2015 5:24 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 A.R.S. §38-431.03(A)(1), discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body (Specifically, for the purpose of discussing the Town Manager recruitment process). 2. ADJOURNMENT. REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii) PRESENTATION by Michael Stull, Government Relations Manager for Cox Communications; highlighting new technology and Cox’s commitment to the community. 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\2015\r150402\150402ar.docx Last Printed: 3/31/2015 5:24 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 th e 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 the TOWN COUNCIL MEETING MINUTES from March 10 and 19, 2015. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Laurice Jewel Sabori, Owner/Agent of Chateau Vino, LLC located at 14235 N Yerba Buena Way Fountain Hills, AZ. This is for a series 4, In State Wholesaler. 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Andrea Dahlman Lewkowitz, Owner/Agent of Palisades Beverage, LLC DBA The Club at CopperWynd located at 13225 N Eagle Ridge Dr Fountain Hills, AZ. This is for a series 11, Hotel/Motel. 4. CONSIDERATION of approving the REQUEST BY THE PUBLIC ART COMMITTEE that the $2,000 cost for the bronze sculpture titled, "Second Mesa Maiden" and the $200 delivery fee be paid from the Public Art 1% Fund. The sculpture’s placement at Fountain Park was approved at the March 5th Council meeting. 5. CONSIDERATION of approving the REQUEST BY THE PUBLIC ART COMMITTEE that the $800 cost of the donor plaques for "Second Mesa Maiden", "Red Rock Crossing", and "Vigilance" be paid from the Public Art 1% Fund. 6. CONSIDERATION of approving RESOLUTION 2015-09, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southwesterly property line of Plat 505C, Block 3, Lot 6 (15837 E. Centipede Drive) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA2015-02 (Eastman) 7. CONSIDERATION of approving AMENDMENT NO. 1 to Contract No. C2015-104 with Nesbitt Contracting Co., Inc., in an amount not to exceed $298,271.88, for the construction of the Shea Boulevard widening project. REGULAR AGENDA ITEMS 8. CONSIDERATION of ACCEPTING the USA TODAY Community Grant Award, in the amount of $10,000, for the Town of Fountain Hills “Make a Difference Day” entry and the Town’s Make a Difference Day Planning Committee’s recommendation that the grant funds be given to the Fountain Hills Noon Kiwanis Organization towards their Centennial Project (replacement of the Town’s Golden Eagle Tot Lot playground equipment). z:\council packets\2015\r150402\150402ar.docx Last Printed: 3/31/2015 5:24 PM Page 4 of 4 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 10. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 11. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 12. ADJOURNMENT. DATED this 26th day of March, 2015. 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 Partnership Update April 2, 2015 COMMITMENT TO CUSTOMERS •Cox Solution Stores More Stores, Expanded Offerings and Additional Value •Cox Business Internet, Data, Phone, Video, Data Management, and Disaster Recovery Services •Cox Media Advertising solutions & Full Creative and Production Capabilities COMMITMENT TO TECHNOLOGY Contour – Personal TV Experience • Features: App for iPad or Android, New Guide, Personal Recommendations, 2 terabytes of storage, & the only DVR in the U.S. to record 6 shows at once Speed Increases •Cox doubled the speeds of 70% of internet customers at no cost One GIG Internet from Cox is Coming •Run all devices at the same time, Download 100 tunes in 3 seconds, Download HD movies in less than 60 seconds, Upload 1000 photos in about a minute Metro WIFI •Plans for more than 2,000 hotspots in the Phoenix Metropolitan area •Free cable service to Fountain Hills schools and Town buildings •Cox Charities provided more than $720,000 in grants to 90 Arizona nonprofit programs •Raised more than $502,000 in employee donations and logged more than 39,000 hours •Highly engaged in multicultural initiatives throughout the Hispanic community •Generated over $86 million in taxes and fees to city, county and state government COMMITMENT TO COMMUNITY Cox contributed nearly $17 million in cash and in-kind support to wonderful partners in the cites and towns we serve in 2014 COMMITMENT TO COMMUNITY Cox is committed to broadband adoption and bridging the digital divide •$9.95 internet for 2 years •No contract or deposit •Free modem rental •Free installation •For families with children receiving Free School Lunch Questions? Meeting Date:4/2/2015 Agenda Type:Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Administration Staff Contact Information:Bevelyn J.Bender,Town Clerk;480-816-5115;bbender@fh.az.gov Council Goal: Strategic Values:Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March 10 and 19,2015. Applicant:NA Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes.Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status): Budget Reference (page number): 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):Approve List Attachment(s):None SUGGESTED MOTION (for council use):Move to approve the consent agenda as listed Prepared by: Bevelyn Bender,Town Clerk 3/24/2015 Approved: f\^_Q ICJ^ Ken Buohenarr;Town Manager 3/24/2015 ~\ Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/2/2015 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 APPLICATION submitted by Laurice Jewel Sabori,Owner/Agent of Chateau Vino,LLC located at 14235 N.Yerba Buena Way, Fountain Hills AZ.This is for a series 4 (In State Wholesaler). Applicant:Laurice Jewel Sabori Applicant Contact Information:480-510-7814 Property Location:14235 N Yerba Buena Way 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 for a Series 4 (In State Wholesaler)liquor license submitted by Laurice Jewel Sabori, owner/agent of Chateau Vino,LLC for 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 submitted by Laurice Jewel Sabori,Owner/Agent of Chateau Vino, LLC . Pagel of 2 Prepared by: J) -€&>rU^ Sonia Kukkola,Financial Services Technician 3/23/2015 Director's Approval: Craig Rudolph^,Finance Director Approved: W-^-Q >C Ken Duchanan,Town Manager AcA-A^ 3/23/2015 3/24/2015 Page 2 of2 TO:(as applicable) •Streets Division • Fire Department •Building Division •Community Services •Development Services •Law Enforcement •Licensing FR:|Sonia Kukkola, Financial Services Technician TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO DATE:3/4/15 RE:Liquor License Application Attached isa Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staff's recommendation is to deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded ontothe Town Council fortheir consideration of this application. Nameof Organization:Chateau Vino,LLC 14235 N Yerba BuenaWayFountain Hills AZ Applicant:Laurice Jewel Sabori Date(s) of Event:N/A DateApplication Received:2/26/15 Town Council Agenda Date:4/2/15 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin / Development Services Bob Rodgers y Fire Department Dave Ott X Law Enforcement David Letourneau *x Licensing Sonia Kukkola X Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipulations. / -/f1 Do^i 3-••:.-[< Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor _-,^rf^.Phoenix,Arizona 85007 [J HjjVC^*wV3 www.azliquor.gov ^602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice:Effectivo Nov.1,1997.All Owners,Agonts.Partners.Stockholders,Officers,or Managers actively involved Inthedayto day operations of thebusinessmust attend a Department approved liquor law training courseor provide proof of attendance within thelast five years.See page 6of the Liquor Licensing requirements. SECTION 1 This application is for a: •MORE THAN ONE LICENSE H-y~& 23i-^---^^~ •INTERIM PERMIT Complete Section 5 E'NEW LICENSE Complete Sections2,3,4,13, 14,15,16 D PERSON TRANSFER (Bars &Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16 •LOCATION TRANSFER(Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16 •PROBATEAA/ILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2,3, 4, 9, 13, 16 (fee not required) • GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16 SECTION 2 Type of ownership: •J.T.W.R.O.S.Complete Section 6 •INDIVIDUAL Complete Section 6 D PARTNERSHIP Complete Section 6 D CORPORATION Complete Section 7 kfLIMITED LIABILITY CO.Complete Section 7 D CLUB Complete Section 8 D GOVERNMENT Complete Section 10 • TRUST Complete Section 6 • OTHER (Explain) SECTION 3 Typo of license and fees LICENSE #{s):Oj£P "1 015 1.Type of License(s):c^2n€S Ar ^loWieS C^e/ 2.Total fees attached: ,..Department Use Only $/00-co APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks. SECTION 4 Applicant •Mr 1.Owner/Agent's Name:\QUs. (Insertone name ONLY to appear on license).-*«..| .SfiWb U IUUC£ 2.Corp./Partnership/L.L.C. (Exactly as itappears on Articles of Inc.or Articles of Org.) 3.Business Name;CW^M^\J|¥\P ftvgg^j (Exactly as it appears on the exterior of premises) 4.Principal Street Location ^M&SJbl ^&L&b ?M0^f\UJftj ^^^[^jlS ,^^0^(Do not use PO Box Number)City County Zip ^£Tj7 U>S> 5.Business Phone:n~3(>-S lO^Bl^Daytime Phone^JMfcWBMP'/Email? 6 Is the business located within the incorporated limits ofthe above city or town?[BYES DNO 7.Mailing Address |4-7&Q)l/ig*iM &UgLJ£&M.Ei£&l f%^& .fcCFees:\CO Application Accepted by:_ City 8. Price paidfor license only bar,beer and wine, or liquor store: Type $Type Interim Permit Last First Middle State Z,p DEPARTMENT USE ONLY Site Inspection Finger Prints $100'^^ TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete?JQ YES D NO St na„.c91 sal \S Lie.#ch on ens •Disabled individuals requiring special accommodation,please call (602)542-9027. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/2/2015 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 APPLICATION submitted by Andrea Dahlman,Owner/Agent of Palisades Beverage, LLC DBA The Club at Copperwynd located at 13225 N. Eagle Ridge Drive, Fountain Hills AZ. This is for a series 11 (Hotel/Motel). Applicant:Andrea Dahlman Lewkowitz Applicant Contact Information:480-333-1900 Property Location:13225 N.Eagle Ridge Drive,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 for a Series 11 (Hotel/Motel) liquor license submitted by Andrea Dahlman Lewkowitz, owner/agent of Palisades Beverage,LLC DBA The Club at Copperwynd for submission to the Arizona Department of Liquor.The application was reviewed by staff for compliance withTown 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 submitted by Andrea Dahlman Lewkowitz ,Owner/Agent of Palisades Beverage,LLC DBA The Club at Copperwynd. Page 1 of 2 Prepared by: [ukkola,FinaiSoniaKukkola,Financial Services Technician 3/23/2015 Director's ApprovalJeter's Approval a (jMiL fMmJL ig Rudorpriy,Finance Director /Craig Rudorptiy,Finance Director /3/23/2015 Approved: ft °-^KeR-Buchafiafl,Town Manager y 3/24/2015 AcA-Wv- Paac2of2 Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 \j\ APPLICATION FOR LIQUOR LICENSE 9 TYPE OR PRINT WITH BLACK INK {£> 1SSLEffCCtiV°^°h V".'A"°WnGrSl AqG"tS'PartnerS'Stockholde^-Oscars,or Managers nctiv.lv involved in the davtn day operations of C SECTION 1 This application isfora:# •MORE THAN ONE LICENSE SECTION 2 Type of ownership: IZS?CT?/ec SeCf/°n 5 DJ™.R.O.S.Comp/ete Secf/bn 6 £n nr^iCENSE ComPlete Sectlons 2-3-4-™.H 15,16 •INDIVIDUAL Comp/efe Secfron 6DPERSONTRANSFER(Bars &Liquor Stores ONLY)QPARTNERSHIP cLplteSectiL 6 n .^Comp/e'e Sections 2,3,4,77,73,75,76 D CORPORATION Comptefe Secf/bn 7ULOCATIONTRANSFER(Bars and Liquor Stores ONLY)[x]LIMITED LIABILITY CO Complete Section 7 n DDnBCr'e,e SeCr/°nS 2'3'4''2'U t5'76 D CLUB Complete Section 8DPROBATE/WILL ASSIGNMENT/DIVORCE DECREE QGOVERNMENT Compiete Section 10 n rnJSZ^Jr^'T 2'o3'*'9'U '*(fee °0t reqU'red)DTRUST Complete Section 6UGOVERNMENTCompleteSections2,3,4,10,13,15,16 •OTHER (Explain) SECTION 3 Type of license and fees LICENSEES):"HlTTIOCT 1.TypeofLicense(s):Scries #11 2.Total fees attached: Department Use Only*.—. WooAPPUCATIONFEEANDINTERIMPERMITFEES(IF APPLICABLE)ARE NOT REFUNDABLE The fees allowed under A.R.S.44-6852 will be charged for all riishnnnrprj checks. SECTION 4 Applicant [ZJMr. 1.Owner/Agent's Name:|S]Ms.Lewkowitz Andrea Dahlman [Insert one name ONLY to appear on license)Last f\~i ""~ 2.Corp./Partnership/LLO:Palisades Beverage,LLC (Exactly as it appears on Articles of Inc.or Articles of Org.)~~~ 3.Business Name:The Club ar CoppcrWynd (Exactly as it appears onthe exterior of premises) 4.Principal Street Location 13225 N.Eagle Rid^e Drive Fountain Hills Maricopa 85268 (Do nol use PO Box Number)_City ~Co^ij 5.Business Phone:1180)333-1900,._Daytime *0*0B Email:andrea@lewkovvitzlaw.com 6.is the business located within the incorporated limits of the above city or town?BYES DNO 7.Mailing Address:2600 N.Central Ave #1775 Phoenix, AZ 85004 on-j *_.•City State Tipa.Price paid for license only bar,beer and wine,or liquor store:Type _$_Type $ DEPARTMENT USE ONLY~ Fees:kjlL __Jj)0j)_ft.ft £10 Q ^.. Application Interim Permit Site Inspection Finger Prints S k\<l^\J TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete?$YES •NO Accepted by:^_b rjale:U*~<,(f -|V) 1/7/2013 Lie.# 'Disabled individuals requiring special accommodation,please call (602)542-9027." : TO: FR: (as applicable) •Streets Division • Fire Department •Building Division •Community Services •Development Services •Law Enforcement »Licensing Sonia Kukkola, Financial Services Technician TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO DATE:3/13/15 RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staff's recommendation is to deny and/orthereare stipulations for approval,please attacha memo that specifies the reasoning andthe memo will be forwarded onto the Town Council fortheir consideration ofthis application. Name of Organization:Palisades Beverage,LLC DBA The Club at Copperwynd 13225 N Eagle Ridge Dr Fountain Hills AZ Applicant:Andrea Dahlman Lewkowitz Date(s)of Event:N/A Date Application Received:3/2/15 Town Council Agenda Date:4/2/15 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 report for denial or any recommendation requiring stipulations. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/2/2015 Meeting Type:Regular Session Agenda Type:Consent 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):CONSIDERATION of the request by the Public Art Committee that the $2000 cost for bronze sculpture titled, "Second Mesa Maiden" and the $200 delivery fee be paid from the Public Art 1% Fund.The sculpture,tobe placed at Fountain Park,was approved by Council atthe March 5th meeting. CONSIDERATION of the request by the Public Art Committee that the $800.00 cost of the donor plaques for "Second Mesa Maiden","Red Rock Crossing",and "Vigilance"be paid from the Public Art 1%Fund. Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:Public Art Master Plan. Staff Summary (background):The Public Art Committee is requesting the $2000 cost for "Second Mesa Maiden"and the $200 delivery fee be paid from the Public Art 1%Fund. The Public Art Committee is requesting the $800.00 cost of the donor plaques for "Second Mesa Maiden", "Red Rock Crossing",and "Vigilance"be paid from the Public Art 1%Fund Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$2000 cost for "Second Mesa Maiden", the $200 delivery fee,and the $800.00 cost of the donor plaques for "Second Mesa Maiden", "Red Rock Crossing",and "Vigilance" to be paid from from the Public Art 1%Fund. The current available balance in the Public Art Fund is $13,700.00 Budget Reference (page number): 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 is recommending approving the requests by the Public Art Committee. Page 1 of 2 List Attachment(s): SUGGESTED MOTION (for council use):Approve the request by the Public Art Committee that the $2000 cost for bronze sculpture titled,"Second Mesa Maiden"and the $200 deliveryfee be paid from the Public Art 1% Fund. Approvethe request by the PublicArtCommittee that the $800.00 cost ofthe donor plaques for "Second Mesa Maiden","Red Rock Crossing",and "Vigilance"be paid from the Public Art 1%Fund. Mark Mayer,CommunityServices Director Approved: XV^e KerrBtteBanaftrTown Manager 3/31/2015 Pase2of2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/2/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy Harrel,Town Engineer (480-816-5112 or rharrel@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION for approval of RESOLUTION 2015-09,abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southwesterly property line of Plat 505C,Block 3, Lot 6 (15837 E.Centipede Drive) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County,Arizona.EA2015-02 (Eastman) Applicant:Phillip and Lovenia Eastman Applicant Contact Information:1-208-484-8540 Property Location:15837 E.Centipede Drive Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):This item on the Town Council's agenda is a proposal to abandon the public utility and drainage easement located at the southwesterly property line of Plat 505C,Block 3,Lot 6 (15837 E. Centipede Drive)as shown in Exhibit "A".The property owner desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of these public utility easements. The Engineering Section has reviewed the site to ascertain any drainage issues in addition to the Town's general interest inthe easement.It is the professional opinion of the Engineering Section that there is no need for the Town to retain the portion of the drainage easement proposed to be abandoned,withthe understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner of Lot 6 is required to pass the developed flows generated by the upstream lots across their property.itjquueu iu pabb lire ueveiupeu nuwb yeneicueu uy uie upaucci 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 Page 1 of 2 Staff Recommendation(s):Staff recommends approval of Resolution 2015-09. List Attachment(s):Vicinity Map;Aerial Photo Map;Resolution;Exhibit "A"Map SUGGESTED MOTION (for council use):Move to approve the abandonment of the public utility and drainage easement at Plat 505C,Block 3, Lot 6. Prepared by: Harrel,Town EngineRandyHarrel, Town Engineer C 3/23/2015 Director's Approvals 3/23/2015 Approved: a-.c.fv_. Ken-Buetema*,Town Manager 3/24/2015 Page 2 of2 NORTH SCALE:1" =3500' TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP SALT RIVER PIMA MARICOPA INDIAN COMMUNITY DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 505C,BLOCK 3,LOT 6 15837 E CENTIPEDE DR LEGEND: LOTLINE ROW EASEMENT FLOODPLAIN SUBJECT SITE O 100'200' SCALE:1"=200" AERIAL FLIGHT DATE:10/13 RESOLUTION 2015-09 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE PUBLIC UTILITYAND DRAINAGE EASEMENTS AT THE SOUTHWESTERLY REAR OF THE PROPERTY LINE OF PLAT 505C,BLOCK 3 LOT 6, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPACOUNTY,ARIZONA,RECORDED IN BOOK 158 OF MAPS,PAGE 42 WHEREAS,the Mayor and Council ofthe Town of Fountain Hills (the "Town Council"),as the governing bodyofreal property located in the Town of Fountain Hills (the "Town"),may require the dedication of public streets,sewer,water,drainage,and other utility easementsor rights-of-way within any proposed subdivision;and WHEREAS,the Town Council has the authority toaccept or rejectoffersof dedication of private property by easement,deed,subdivision,plat or other lawful means;and WHEREAS,allpresent utility companies have received notification ofthe proposed abandonment. NOW THEREFORE,BE IT RESOLVED BYTHE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1.Thatthe certain public utility and drainage easement,located atthe southeasterly rear property lineofPlat505C,Block 3,Lot 6,Fountain Hills,as recorded the Office ofthe County Recorder of Maricopa County,Arizona,Book 158 of Maps,Page 42,and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference,are hereby declared to beabandonedbythe Town. Certain lots within this subdivision are subjectto lot-to-lot drainage runoff.The property owner is required to pass the developed flows generated bythe upstreamlotsacross their property. SECTION 2. Thatthis Resolution isoneof abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud onthe title tosaid property and thatthe Town in noway attempts to affect the rights ofany private party toopposethe abandonment orassert any right resulting there fromor existing previous to any action bythe Town. PASSED AND ADOPTEDBY the Mayorand Council of the Town of Fountain Hills,April 2, 2015. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY:APPROVED AS TO FORM: Ken Buchanan, TownManager AndrewJ.McGuire,Town Attorney SCALE: 1" -30' DATE:3-23-15 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505C BLOCK 3 LOT 6 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/2/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy Harrel, Town Engineer,480-816-5112 Strategic Values:Council Goal: Maintain/ImproveCommunity Infrastructure NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of Amendment No. 1to construction contract C2015- 104 with Nesbitt Contracting Co., Inc. in the amount not to exceed $298,271.88 for the construction of the Shea Blvd. Widening project. Applicant:NA Applicant Contact Information:NA Property Location:Shea Blvd.from SR87 to Technology Dr. Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background):OnAugust 7,2014 Council approved a constructioncontract with Nesbitt Contracting in the amount of $3,218,591.29 forthe Shea Blvd.widening project.In addition to addinga third westbound lane on Shea Blvd.from Saguaro Blvd.to Technology Drive,the contract called for the mill and overlay ofexisting asphalt from Technology Dr.to the Beeline Highway. During the course ofconstructionstaffquestioned if the condition ofthe existing pavement as well as the pavement thickness would holdup during the mill and overlay process and not result in premature failure. Staff ordered asphalt core samples for analysis bya geotechnical engineering firm.As a result ofthe core samples, the geotechnical engineer recommended full asphalt replacement in lieu of mill and overlayfor sections of Shea Blvd.from Technology Drive to Monterey Drive.Staff is in agreement with the geotechnical engineer's recommendation in orderto provide an adequate roadway cross sectionthat will have an estimated life span of 35 to 40 years. The additional scope of work will include full depth asphalt milling,subgrade preparation and compaction, asphalt base course, testing and traffic control on the westbound lanes from Monterey Drive to Technology Drive and the two inside lanes eastbound from Technology Drive to Monterey Drive.Based on unit prices from the original contract,Nesbitt Contracting is estimatingthat the additional work will notexceed $298,271.88. Due to the unforeseen conditions already incurred on the project the contract amendment includes a $15,000 allowance for unforeseen conditions and quantity adjustments if additionalworkis required. The Town's construction management firm,HDR,will verify actual quantities of work performed bythe contractor. The final price from the contractor will be based on actual quantities of work.The contract amendment also includesa seven (7)day timeextension to perform the work.The additional work is within the project budget identified in the capital improvement plan and will be paid 70%from MAG Proposition 400 funding and 30%from Town Funds. Page 1 of 2 Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$298,271.88 Budget Reference (page number):330 & 331 Funding Source:NA ifMultiple Funds utilized,list here:Prop 400, CIP Fund,Developer Contributions,Street Dev.Fees &MCDOT Grant Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s):Staff recommends approval of Contract C2015-104.1 as presented. List Attachment(s):Contract C2015-104.1 SUGGESTED MOTION (for Council use):MOTION to approve construction contract amendment C2015-104.1 with Nesbitt Contracting Co., Inc. in the amount not to exceed $298,271.88 for the construction of the Shea Blvd.Widening project. Prepared by:^-y ^f Randy Harrel.'Town Engineer 3/26/2015 Director's Approval: Paul Mood,Development Services Director 3/26/2015 Approved: Ken Buchanan?Town Manager y 3/26/2015 ^ Page 2 of2 FIRST AMENDMENT TO CONTRACT NO.C2015-104 BETWEEN THE TOWN OF FOUNTAIN HILLS AND NESBITT CONTRACTING CO.,INC. THIS FIRST AMENDMENT TO CONTRACT NO.C2015-104 (this "First Amendment") is entered into as of April 2,2015,between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"),and Nesbitt Contracting Co., Inc., an Arizona corporation (the "Contractor"). RECITALS A. The Town issued Invitation for Bids DS2015-101 (the "IFB")seeking bids from contractors to perform roadway construction, mill and overlay of existing asphalt, sidewalk improvements, traffic signal improvements,traffic signal interconnect,drainage improvements, signage and striping, landscaping and other required miscellaneous work on Shea Boulevard (the "Services").The Contractor responded to the IFB, and the Town and Contractor entered into Contract No.C2015-104 dated August 7,2014,for the provision of the Services (the "Contract"),a true and correct copy of which is on file in the Town Clerk's Office. All of the capitalized terms not otherwise defined in this First Amendment have the same respective meanings as contained in the Contract. B. The Town has determined that additional Services by the Contractor are necessary due to unexpected full-depth milling required in certain areas (the "Additional Services"). C.The Town and the Contractor desire to enter into this First Amendment to (i)extend the term of the Agreement, (ii) modify the scope of work to include the Additional Services and (iii) increase the compensation to the Contractor for the Additional 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.Contract Time.The Contract time is hereby extended an additional seven days (including two rain days) for a total of 277 days. 2. Scope of Work. Contractor shall provide the Additional Services as set forth in the additionalScopeof Workand Fee Proposal,attached heretoas Exhibit 1and incorporatedhereinby reference. 2341121.1 3. Compensation. The Town shall increase the not-to-exceed compensation to Contractor by $298,271.88, from $3,218,591.29 to an aggregate amount not to exceed $3,516,863.17 (of which $15,000.00 is an owner's contingency that may be utilized at the Town's sole discretion) for the Additional Services at the rates set forth in the Fee Proposal, attached hereto as part of Exhibit 1 and according to the payment procedures set forth in Section 3.17 of the Contract. 4.Effect of Amendment.In all other respects, the Contract is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Contract shall remain in full force and effect. 5.Non-Default.By executing this First Amendment,the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time priorto tnis First Amendment,under any of the terms or conditions of the Contract and (ii) any and all claims, known and unknown,relating to the Contract and existing on or before the date of this First Amendment are forever waived. 6.Conflict of Interest. This First Amendment and the Contract may be canceled by the Town pursuant to Ariz.Rev.Stat.§38-511. [SIGNATURES ON FOLLOWING PAGES] 2341121.1 IN WITNESS WHEREOF, the parties hereto have executed this instrument 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 ,2015,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) [SIGNATURESCONTINUEON FOLLOWINGPAGE] 2341121.1 "Contractor" NESBITT CONTRACTING CO.,INC., an Arizona corporation By:.v-V^^i—^ Name:James L.Nesbitt .PresidentTitle: (ACKNOWLEDGMENT) STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) On March 26,2015 ,2014,before me personally appeared James L.Nesbitt , the President of NESBITT CONTRACTING CO., INC., an Arizona corporation,whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claimsto be, and acknowledged that he/she signed the above document on behalf of the corporation. (Affix notary seal here) 2341121.1 CECILIA RCABO Notary Putfc -StateofAtone IWRICOf*COUNTY My Ccmmfrticn Expfrw Apr*12,2017 Notary Public y./#./^ 2341121.1 EXHIBIT 1 TO FIRST AMENDMENT TO CONTRACT NO.C2015-104 BETWEEN THE TOWN OF FOUNTAIN HILLS AND NESBITT CONTRACTING CO.,INC. [Additional Scope of Work and Fee Proposal] See following page. Shea Reconstruct Full Depth Mill Designated Areas 3/25/2006 Milling:Qty Rate Total Comments Deduct Mill 2"-50549 sy $1.35 $(68,241.15)contract rate,entire base scope Add Mill 1.5"18370 sy $1.25 $22,962.50 contract rate minus haul-off, qty is base scope minus take-off Add Rem AC (4")32179 sy $2.75 $88,492.25 contract rate,qty per take-off Add Sawcut Asphalt 500 If $0.65 $325.00 contract rate,for end cuts if necessary Fine Grade Existing Subgrade:Qty Rate Total Comments Add Fine Grade 32179 Note:no survey,no scarify/process,fine grade only,no blue tops. sy $0.70 $22,525.30 proposed rate Pave:Qty Rate Total Comments Add Pave 2.5"Base Deduct Pave 2"Rubber Add Pave 1.5"Rubber Note:only material costs added/deducted. 32179 sy $10.37 $333,696.23 contract rate + mat'l cost only for added 0.5" -57501 sy $11.47 $(659,536.47)contract rate 57501 sy $9.22 $530,159.22 contract rate minus mat'l cost only for reduced 0.5" All material costs include consideration for tax/bond. Quality Control &Traffic Control Quality Control Traffic Control Labor Add Add Qty Rate Total Comments 1 Is $6,199.00 $6,199.00 ACS quote +mark-up's J Is $ 2,000.00 $ 2,000.00 Labor only,equipment rental included inoverheads below Time Required Qty Rate Total Comments Add 5 days 5 dy $938.00 $ Note:1 day for "connecting"#3 lanes,2 days for EB, 2 days for WB 4,690.00 Previously established daily rate Allowance Qty Rate Total Comments Add Allowance 1 Is $15,000.00 $15,000.00 Unforeseen conditions and quantity adjustments. | $298,271.88 Net Grand Total Issue 10 - March 20, 2015 Legislative Overview This week was full of activity as members sought to have their bills passed out of committee before the deadline to hear bills in regular committee passed. This is also the time of year when a number of strike everything amendments are introduced with only limited time to assess their impact. If standard practice continues, only the House and Senate Appropriations committees will be allowed to consider bills next week. Financial Transparency HB 2315 financial information; comprehensive database; positing relates to the requirement for cities and towns to post financial data on the OpenBooks website hosted by the Arizona Department of Administration. This week, the sponsor, Rep. Brenda Barton (R-Payson), held a meeting to discuss the issues and concerns that local governments have with the bill. An amendment was made to the bill to change the penalty for malfeasance from removal of office to a fine. However, during the meeting participants had many unanswered questions related to the complicated administration of this bill. After hearing our concerns, Rep. Brenda Barton agreed to delay implementation of the bill to January 1, 2016 in order to work with cities, towns and other affected local governments to clarify what compliance means in the definitions and to streamline the process with the Arizona Department of Administration. Photo Radar On Thursday, the House Government and Higher Education Committee failed to pass the strike everything amendment to SB 1192, by a vote of 3-5. Sponsored by Representative Bob Thorpe (R-Flagstaff) as committee chairman on behalf Sen. Kelli Ward (R-Lake Havasu City), the amendment prohibits local authorities and state agencies from using a photo enforcement system to identify red light and speed limit violators. The League opposes the amendment as it preempts local decision making. Property Manager Tax Returns HB 2447 (now) real property managers; consolidated returns sponsored by Rep. Justin Olson (R-Mesa) passed Senate Finance on Wednesday by a vote of 4-0-1. The bill requires cities and towns that impose a tax on real property rental to allow a Property Manager to electronically file a single tax return that includes detailed information about all of their clients and their underlying separate property locations. The bill effectively requires DOR to make the necessary changes to their tax system to add this capability. Earlier this week the League met with the Governor's office, DOR and an industry representative and tentatively reached a successful compromise that will allow this transition to occur effective in 2017. Although not ready in time for the Finance committee, we anticipate an amendment on the floor that resolves the agreed upon issues. This bill now moves to the Senate Rules committee. Public Lobbyists On Wednesday, the House Commerce Committee passed the strike everything amendment to SB 1344, by a vote of 5-3. Sponsored by Rep. Warren Petersen (R-Gilbert), the amendment states that a public lobbyist or lobbyist contracted by a League of Arizona Cities and Towns - Legislative Bulletin http://www.leagueaz.org/bulletin/15/150320/index.cfm?a=print 1 of 3 3/20/2015 11:52 AM municipality owes the governing body of that municipality a fiduciary duty and requires public lobbyists to identify to the legislature during legislative testimony any member of the council that opposes the position presented by the lobbyist. The League opposes the amendment as it is adverse to a majority form of government and may run afoul of the Open Meetings Law. The amendment now moves to the Rules Committee. Customer Refund Claims SB 1133 TPT; municipalities; customer refund claims sponsored by Sen. Debbie Lesko (R-Peoria) passed House Ways and Means on Monday by a vote of 6-2-0-1. The bill allows a customer to make a direct claim for refund to DOR or a non-program city when they believe they overpaid tax to a vendor (taxpayer) on a sale that would have been exempt if the buyer had presented an exemption certificate at the time of the sale. The bill allows a customer the option of requesting an assignment and waiver from the vendor, and if the vendor fails or refuses to assign their rights to the claimed refund, the customer can file a claim directly with DOR or a non-program city. The League is opposed to this bill as it not only opens the door to a significant risk of fraudulent claims, but it also requires laborious efforts to track and verify information the taxing jurisdictions do not have at their disposal, and also raises troubling theoretical issues, particularly related to the definition of who is the taxpayer in our Transaction Privilege Tax system. Passage of this bill would fundamentally change the imposition of TPT in Arizona in myriad ways that have not been adequately considered. This bill now moves to the House Rules committee. De-annexation On Wednesday, the Senate Finance Committee passed a strike-everything amendment to HB 2383 that provides for an alternative method of de-annexation if certain conditions are met. The measure was introduced to address a specific problem created by a series of unfortunate circumstances. The policy it creates is very problematic long term, but we understand its intent and the sponsor agreed to close the window on its provisions after 2 years. Please contact the League should you require additional information. Attorney Fees HB 2131 tax adjudications; attorney fees sponsored by Rep. Darin Mitchell (R-Litchfield Park) passed Senate Finance on Wednesday by a vote of 3-1-1. In accordance with last week's stakeholder meeting, this bill was amended in committee to increase the caps on attorney fees that can be awarded to a successful taxpayer in tax cases. The hourly rate cap was raised from $175 to $350, and the maximum award per court level was raised from $30,000 to $75,000. The amendment also indexes the maximum awards to inflation. These changes also apply to the administrative hearing level, which was previously capped at $20,000. Two key changes were left out of the amendment: reverting from a mandatory award system back to a discretionary one, and removing the new allowance for contingency fees as an element of attorney fees that can be awarded. It is our understanding that this was merely an oversight and there will be a floor amendment introduced that will remove both the mandatory and contingency fee elements. This bill now moves to the Senate Rules committee. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) SB 1192: community college tuition financing districts (S/E: photo radar; prohibition) SB 1241: AHCCCS; contractors; providers (S/E: energy measuring and reporting; prohibition) SB 1344: organization of county; private property (S/E: municipal lobbyists; fiduciary duty; disclosure) HB 2214 notice; attorney general; trial court (NOW: majority vote calculation; municipal elections) HB 2383: contracting; TPT; land value (S/E: invalid annexation; return procedure) League of Arizona Cities and Towns - Legislative Bulletin http://www.leagueaz.org/bulletin/15/150320/index.cfm?a=print 2 of 3 3/20/2015 11:52 AM Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. League of Arizona Cities and Towns - Legislative Bulletin http://www.leagueaz.org/bulletin/15/150320/index.cfm?a=print 3 of 3 3/20/2015 11:52 AM Issue 11 - March 27, 2015 Legislative Overview Today marks the 75th day of the First Regular Session of the 52nd Legislature. The only committees to meet this week were the House and Senate Appropriations Committees, both of which had a significant number of bills on their agenda. There was also a significant amount of floor activity as members make a push to close out session before the 100 day deadline. Budget Update On Wednesday, Representative Justin Olson (R-Mesa) sponsored an amendment to SB 1216 2015 tax correction act to settle the issue of how to split the assessment in the budget between cities and towns and the counties to partially fund DOR. In the state budget, local governments are assessed $20.8 million to partially fund operations of the Department of Revenue. The original bill used a formula that split this figure between the cities and towns for one portion and the counties for the other portion, but that formula did not total the amount required. With this amendment, the formula is returned to our original understanding, providing a relatively equal split between cities and counties, at roughly $10.7 and $10.1 million respectively. Spreadsheets that indicate how these funds are distributed and the charge to self-collecting cities for DOR tax system improvements have been distributed to all cities and towns. The League would like to thank the Governor's staff for their efforts in resolving this issue to the satisfaction of our members. Municipal Elections Early this week, both the House and the Senate voted unanimously to pass HB 2214 majority vote calculation; municipal elections and send it to the Governor for approval. The bill prescribes a formula for determining the majority of votes cast in municipal elections for the office of mayor or city council. The League supports the provisions, as it is a League Resolution that will save taxpayer dollars by eliminating unnecessary elections. We are grateful to Representative Michelle Ugenti (R-Scottsdale) for sponsoring the original bill (HB 2543) in the House and to Representative Warren Petersen (R-Gilbert) for also championing the issue after it was bogged down by procedural hurdles. Guns in Public Buildings On Tuesday, the Senate Appropriations Committee passed HB 2320 firearms; permit holders; public places by a vote of 5-3. Sponsored by Representative Brenda Barton (R-Payson), the bill requires public buildings and events to have electronic screening devices and security guards at all entrances if the public entity decides to deny entry to an armed person with a valid permit to carry a concealed weapon. The League is opposed to the bill since implementing these procedures is very costly. The bill now moves to the Rules Committee. Pawnbrokers, Gold, and Fees League of Arizona Cities and Towns - Legislative Bulletin http://www.leagueaz.org/bulletin/15/150327/index.cfm?a=print 1 of 3 3/30/2015 6:12 AM The Senate Appropriations Committee also passed HB 2419 (now) municipalities; gold; prohibited fees. The committee initially failed to pass the bill with a 4-4 vote, but did pass the bill by a vote of 5-3 upon reconsideration. The bill was originally sponsored by Representative Warren Petersen (R- Gilbert) but the strike everything amendment was offered by Senator Don Shooter (R- Yuma). The bill prohibits municipalities from imposing a fee, tax, or assessment on a pawnbroker or person in the business of buying gold in connection with any reportable transaction. The League is opposed to the bill as it threatens successful policing tools that help locate and return stolen goods to owners. Pawnbroker and gold dealer transaction fees are directly tied to programs that fund police detectives and computer systems that solve crimes and help pawnbrokers comply with state law. The bill now moves to the Rules Committee. Waste Collection On Tuesday, the House passed SB 1187 services outside municipal boundaries; requirements on Third Read (56-2). The bill adds requirements for cities or towns that provide landfill services and recycling collection or processing services outside of their boundaries. The League has been working closely with the sponsor, Senator Gail Griffin (R-Hereford), and its proponents on an amendment to clarify the intent and resolve the unintended consequences. The House adopted those amendments before voting to pass the bill. It now proceeds to the Senate for consideration of the House changes. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB 2142: water infrastructure finance authority; prepayment HB 2315: financial information; comprehensive database; posting HB 2383: contracting; TPT; land value (S/E: invalid annexation; return procedure) HB 2410: municipalities; traffic citation quota; prohibition SB 1072: local planning; residential housing; prohibitions SB 1079: solid waste collection; multifamily housing SB 1090: neutrality agreement; apprenticeship agreement; prohibition SB 1169: fire code requirements; fire watch SB 1241: AHCCCS; contractors; providers (S/E: energy measuring and reporting; prohibition) SB 1300: law enforcement officers; body cameras SB 1339: public records; unduly burdensome requests SB 1342: responsibility of payment; utility services SB 1344: organization of county; private property (S/E: municipal lobbyists; fiduciary duty; disclosure) SB 1368: municipalities; additional business licenses; prohibition League of Arizona Cities and Towns - Legislative Bulletin http://www.leagueaz.org/bulletin/15/150327/index.cfm?a=print 2 of 3 3/30/2015 6:12 AM Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. League of Arizona Cities and Towns - Legislative Bulletin http://www.leagueaz.org/bulletin/15/150327/index.cfm?a=print 3 of 3 3/30/2015 6:12 AM