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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
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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.
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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).
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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.
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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
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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.
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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).
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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
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Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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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