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HomeMy WebLinkAbout161006PAIN�l ° n NOTICE OF THE MW mw. EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Cassie Hansen Councilmember Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:45 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, OCTOBER 6, 2016 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. z:\council packets\2016\rl61006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page] of 5 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)(7), discussion or consultation with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property (specifically, the community theater property). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Adel Resmer, New Journey Lutheran Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring October 2016 as Domestic Violence Awareness Month in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 2016 as Fire Prevention Awareness Month in the Town of Fountain Hills. iii) The Mayor will read a PROCLAMATION declaring October 23-31 as National Red Ribbon Week in the Town of Fountain Hills. iv) The Mayor will read a PROCLAMATION declaring October 22, 2016 as Make a Difference Day in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. 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\2016\r161006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 2 of 5 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 15, 2016. 2. CONSIDERATION of RESOLUTION 2016-30, approving an intergovernmental agreement with the Salt River Pima-Maricopa Indian Community relating to Proposition 202 funding. 3. CONSIDERATION of RESOLUTION 2016-26, approving the revised Town of Fountain Hills 2016-17 Pay Plan. 4. CONSIDERATION of approving the FIRST AMENDMENT to the Cooperative Purchase Agreement (C2016-181.1) with Vincon Engineering Construction, LLC, for asphalt crack sealing, in the amount of $50,000.00 for FY 2016-17 and $50,000.00 for each of the next three years, for a total not to exceed $200,000.00. 5. CONSIDERATION of RESOLUTION 2016-27, approving an intergovernmental agreement with the Education Service Center, Region 20, known as the PACE Purchasing Cooperative, to purchase commodities or services. 6. CONSIDERATION of approving Cooperative Purchase Agreement C2017-055 with Cost Control Associates for review of energy and telecom services in an amount not to exceed 33% of savings identified. 7. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION, submitted by Ann Maria Esposito, agent of MorningStar Senior Management, LLC, DBA MorningStar Assisted Living & Memory Care, located at 16800 E. Paul Nordin Parkway, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 8. CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISES/PATIO PERMIT APPLICATION, submitted by Heidi Sue Hake, Owner/Agent of Vu Terrace Caf6, located at 14815 E. Shea Boulevard, Suites 100-101, Fountain Hills, AZ. 9. CONSIDERATION of approving an APPLICATION FOR AGENT CHANGE, ACQUISITION OF CONTROL -RESTRUCTURE, submitted by Gwendolyn Jean Wallace, Agent of Cowboy Spirits LLC, DBA Saddle Bronc Grill, located at 11056 N Saguaro Boulevard, Fountain Hills, A.Z. 10. CONSIDERATION of approving two SPECIAL EVENT LIQUOR LICENSE APPLICATIONS for the Veterans of Foreign Wars Post #7507 (Carl Krawczyk), to be held at Saguaro Boulevard and Avenue of the Fountains and on N. Verde River Drive, for the promotion of a fund raiser to be held in conjunction with the Fountain Hills Festival of Arts and Crafts, from 9:00 AM to 10:00 PM, Friday, November 11, and Saturday, November 12, 2016, and from 10:00 AM to 10:00 PM on Sunday, November 13, 2016. z:\council packets\2016\r161006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 3 of 5 11. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Harold Denomme) for the promotion a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ on Friday, November 11, through Sunday, November 13, 2016, from 10:00 AM to 10:00 PM daily. 12. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Arizona Society of Homebrewers (Krystal Bittner) for the promotion a fund raiser to be held on the Avenue of the Fountains, in conjunction with the Craft Classic Half Marathon and 5K Run, on Sunday, October 16, 2016, from 7:OOAM - 1:OOPM. 13. CONSIDERATION of approving the FINAL REPLAT of Adero Canyon, Parcel 8 — Amended, in order to adjust numerous lot lines due to topographic conditions. Case #52016-15 14. CONSIDERATION of approving the FIRST AMENDMENT to the Geuther Electrical, LLC contract C2016-128 to increase the contract from $29,999 to $59,999. 15. CONSIDERATION of approving AMENDMENT #2 to contract C2012-129 with Sunrise Engineering to revise, update, and complete the Federal Aid design and contract documents for the Fountain Hills Boulevard Shoulder Paving Project in the amount of $19,800.00. REGULAR AGENDA 16. PUBLIC HEARING regarding ENDORSING A BINGO LICENSE APPLICATION for Fountain Hills Post 7507, Veterans of Foreign Wars, located at 9624 N. Monterey Drive., Fountain Hills, AZ 85268. 17. CONSIDERATION of ENDORSING A BINGO LICENSE APPLICATION for Fountain Hills Post 7507, Veterans of Foreign Wars, located at 9624 N. Monterey Drive., Fountain Hills, AZ 85268. 18. CONSIDERATION OF RESOLUTION 2016-17, declaring as a public record that certain document filed with the Town Clerk and entitled the "Town of Fountain Hills Noise Regulations." 19. CONSIDERATION OF ORDINANCE 16-10, adopting the "Town of Fountain Hills Noise Regulations" by reference and amending the Town of Fountain Hills Town Code, Chapter 11, Section 11-1-7, by revising provisions related to noise violations. 20. PUBLIC HEARING to receive comments on ORDINANCE 16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #Z2016-05 z:\council packets\2016\r161006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 4 of 5 21. CONSIDERATION of ORDINANCE 16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #Z2016-05 22. PUBLIC HEARING to receive comments on ORDINANCE 16-04, amending the Town of Fountain Hills Zoning Ordinance, Chapter 12 — Commercial Zoning Districts, related to outdoor entertainment, adding a new Chapter 25, Entertainment Overlay District, and amending the Official Zoning District Map. Case #Z2016-02 23. CONSIDERATION of ORDINANCE 16-04, amending the Town of Fountain Hills Zoning Ordinance, Chapter 12 — Commercial Zoning Districts, related to outdoor entertainment, adding a new Chapter 25, Entertainment Overlay District, and amending the Official Zoning District Map. Case #Z2016-02 24. 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. 25. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 26. ADJOURNMENT. DATED this 29th day of September, 2016. Bevelyn J. [Venddf, 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\2016\rl61006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 5 of 5 AIN�l ° n NOTICE OF THE MW mw. EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Cassie Hansen Councilmember Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:45 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, OCTOBER 6, 2016 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. zAcouncil packets\2016\rl61006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 1 of 5 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)(7), discussion or consultation with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property (specifically, the community theater property). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Adel Resmer, New Journey Lutheran Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring October 2016 as Domestic Violence Awareness Month in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 2016 as Fire Prevention Awareness Month in the Town of Fountain Hills. iii) The Mayor will read a PROCLAMATION declaring October 23-31 as National Red Ribbon Week in the Town of Fountain Hills. iv) The Mayor will read a PROCLAMATION declaring October 22, 2016 as Make a Difference Day in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. 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. zAcouncil packets\2016\r161006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 2 of 5 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 15, 2016. 2. CONSIDERATION of RESOLUTION 2016-30, approving an intergovernmental agreement with the Salt River Pima-Maricopa Indian Community relating to Proposition 202 funding. 3. CONSIDERATION of RESOLUTION 2016-26, approving the revised Town of Fountain Hills 2016-17 Pay Plan. 4. CONSIDERATION of approving the FIRST AMENDMENT to the Cooperative Purchase Agreement (C2016-181.1) with Vincon Engineering Construction, LLC, for asphalt crack sealing, in the amount of $50,000.00 for FY 2016-17 and $50,000.00 for each of the next three years, for a total not to exceed $200,000.00. 5. CONSIDERATION of RESOLUTION 2016-27, approving an intergovernmental agreement with the Education Service Center, Region 20, known as the PACE Purchasing Cooperative, to purchase commodities or services. 6. CONSIDERATION of approving Cooperative Purchase Agreement C2017-055 with Cost Control Associates for review of energy and telecom services in an amount not to exceed 33% of savings identified. 7. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION, submitted by Ann Maria Esposito, agent of MorningStar Senior Management, LLC, DBA MorningStar Assisted Living & Memory Care, located at 16800 E. Paul Nordin Parkway, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 8. CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISES/PATIO PERMIT APPLICATION, submitted by Heidi Sue Hake, Owner/Agent of Vu Terrace Caf6, located at 14815 E. Shea Boulevard, Suites 100-101, Fountain Hills, AZ. 9. CONSIDERATION of approving an APPLICATION FOR AGENT CHANGE, ACQUISITION OF CONTROL -RESTRUCTURE, submitted by Gwendolyn Jean Wallace, Agent of Cowboy Spirits LLC, DBA Saddle Bronc Grill, located at 11056 N Saguaro Boulevard, Fountain Hills, A.Z. 10. CONSIDERATION of approving two SPECIAL EVENT LIQUOR LICENSE APPLICATIONS for the Veterans of Foreign Wars Post #7507 (Carl Krawczyk), to be held at Saguaro Boulevard and Avenue of the Fountains and on N. Verde River Drive, for the promotion of a fund raiser to be held in conjunction with the Fountain Hills Festival of Arts and Crafts, from 9:00 AM to 10:00 PM, Friday, November 11, and Saturday, November 12, 2016, and from 10:00 AM to 10:00 PM on Sunday, November 13, 2016. zAcouncil packets\2016\r161006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 3 of 5 11. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Harold Denomme) for the promotion a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ on Friday, November 11, through Sunday, November 13, 2016, from 10:00 AM to 10:00 PM daily. 12. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Arizona Society of Homebrewers (Krystal Bittner) for the promotion a fund raiser to be held on the Avenue of the Fountains, in conjunction with the Craft Classic Half Marathon and 5K Run, on Sunday, October 16, 2016, from 7:OOAM - 1:OOPM. 13. CONSIDERATION of approving the FINAL REPLAT of Adero Canyon, Parcel 8 — Amended, in order to adjust numerous lot lines due to topographic conditions. Case #52016-15 14. CONSIDERATION of approving the FIRST AMENDMENT to the Geuther Electrical, LLC contract C2016-128 to increase the contract from $29,999 to $59,999. 15. CONSIDERATION of approving AMENDMENT #2 to contract C2012-129 with Sunrise Engineering to revise, update, and complete the Federal Aid design and contract documents for the Fountain Hills Boulevard Shoulder Paving Project in the amount of $19,800.00. REGULAR AGENDA 16. PUBLIC HEARING regarding ENDORSING A BINGO LICENSE APPLICATION for Fountain Hills Post 7507, Veterans of Foreign Wars, located at 9624 N. Monterey Drive., Fountain Hills, AZ 85268. 17. CONSIDERATION of ENDORSING A BINGO LICENSE APPLICATION for Fountain Hills Post 7507, Veterans of Foreign Wars, located at 9624 N. Monterey Drive., Fountain Hills, AZ 85268. 18. CONSIDERATION OF RESOLUTION 2016-17, declaring as a public record that certain document filed with the Town Clerk and entitled the "Town of Fountain Hills Noise Regulations." 19. CONSIDERATION OF ORDINANCE 16-10, adopting the "Town of Fountain Hills Noise Regulations" by reference and amending the Town of Fountain Hills Town Code, Chapter 11, Section 11-1-7, by revising provisions related to noise violations. 20. PUBLIC HEARING to receive comments on ORDINANCE 16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #Z2016-05 zAcouncil packets\2016\r161006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 4 of 5 21. CONSIDERATION of ORDINANCE 16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #Z2016-05 22. PUBLIC HEARING to receive comments on ORDINANCE 16-04, amending the Town of Fountain Hills Zoning Ordinance, Chapter 12 — Commercial Zoning Districts, related to outdoor entertainment, adding a new Chapter 25, Entertainment Overlay District, and amending the Official Zoning District Map. Case #Z2016-02 23. CONSIDERATION of ORDINANCE 16-04, amending the Town of Fountain Hills Zoning Ordinance, Chapter 12 — Commercial Zoning Districts, related to outdoor entertainment, adding a new Chapter 25, Entertainment Overlay District, and amending the Official Zoning District Map. Case #Z2016-02 24. 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. 25. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 26. ADJOURNMENT. DATED this 29th day of September, 2016. Bevelyn J. Rendd, 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. zAcouncil packets\2016\rl61006\161006a.docx Last Printed: 9/29/2016 8:12 AM Page 5 of 5 J01NN 1l OF F0Nr�LIN 3 (ILLS PROCI M.ATtON 74'fwrear, home should be a place of warmth, unconditional love, tranquility, and security; and 70herear, for most of us, home and family can indeed be counted among our greatest blessings; and 'Whereas, tragically for many Americans, these are blessings that are tarnished by violence and fear: and 7Wherear, women, men, young children and the elderly are all counted among the victims of domestic violence; and Wwrea, physical injury and deaths occur and emotional scars are often permanent; and 'Wfterear, law enforcement officials, shelters, hotline services, health care providers, the clergy, and concerned citizens are helping in the effort to end domestic violence; and Wwre",, we must recognize the compassion and dedication of these volunteers and professionals, applaud their efforts, and increase public understanding of this important problem; 7Wfterear, the Town Council approved Resolution 2013-44 on August 15, 2013, expressing support for the "Start by Believing Campaign" through the End Violence Against Women International organization; .7V01v ?Herefore, I , Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim the month of October as Domestic 11o7k ce .Awamners Aianth in Fountain Hills and urge all citizens to observe this month by becoming aware of the tragedy of domestic violence and supporting community efforts in working toward its end. D.s TID 0& e day of October, 2016. Atte t: llllb81` ^ yep0 Bevelyn J. Be I er, vn Clerk Town of Fountain Hills Proclamation WHEREAS, the Town of Fountain Hills, AZ is committed to ensuring the safety and security of all those living in and visiting Fountain Hills; and WHEREAS, fire is a serious public safety concem both locally and nationally, and homes are where people are at greatest risk from fire; and WHEREAS, U.S. fire departments responded to 369,500 home fires in 2014, according to the National Fire Protection Association (NFPA); and WHEREAS, U.S. home fres resulted In 2,745 civilian deaths in 2014, representing the majority (84 percent) of all U.S. fire deaths; and WHEREAS, in one-fifth of all homes with smoke alarms, the smoke alarms are not working; and WHEREAS, three out of five home fire deaths result from fires in properties without smoke alarms (38 percent) or with no working smoke alarms (21 percent); and WHEREAS. working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, many Americans don't know how old the smoke alarms in their homes are or how often they need to be replaced; and WHEREAS, all smoke alarms should be replaced at least once every ten years; and WHEREAS, the age of a smoke alarm can be determined by the date of its manufacture, which Is marked on the back of the smoke alarm; and WHEREAS, Fountain Hills' first responders are dedicated to reducing the occurrence of home fres and home fire injuries through prevention and protection education; and WHEREAS. Fountain Hills' residents are responsive to public education measures and are able to take personal steps to Increase their safety from fire, especially in their homes; and WHEREAS, the 2016 Fire Prevention Week theme, "Don't Wait — Check the Date! Replace Smoke Alarms Every 10 Years" effectively serves to educate the public about the vital importance of replacing the smoke alarms In their homes at least every ten years, and to determine the age of their smoke alarms by checking the date of manufacture on the back of the alarms. THEREFORE, I Linda M. Kavanagh Mayor of Fountain Hills do hereby proclaim October 9-15, 2016, as Fire Prevention Week throughout Fountain Hills. I urge all Fountain Hills residents to find out how old the smoke alarms in their homes are, to replace them H they are more than ten years old, and to participate in the many public safety activities and efforts of Fountain Hills' fire and emergency services during Fire Prevention Week 2016. DATED This 6'" day of October, 2016. Wndh rain nd M KaidnQ4i, Mayor a` p 1 J TO'WxOFFOU VTr Uxs-ALES PROCCAM- TTON WHEREAS, Alcohol and drug abuse in this Nation have reached epidemic stages; and WHEREAS, It is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and WHEREAS, the East Valley Young Marines, the local unit of the United States Young Marines, is a youth education and service program for boys and girls that focuses on promoting the mental, moral, and physical development of its members, Including character building, leadership, and encouraging a healthy, drug-free lifestyle; and, WHEREAS, The Young Marines is the official youth program of the United States Marine Carps and is the focal point for the U.S. Marine Corps' Youth Drug Demand Reduction efforts and is open to youth, ages eight through high school completion who are In good standing In their school; and, WHEREAS, The National Red Ribbon Campaign and the East Valley Young Marine program offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs(; and WHEREAS, The National Red Ribbon Campaign will be celebrated in every community In America during Red Ribbon Week, October 23-31, 2016; and WHEREAS, business, Government, parents, law enforcement, media, medical Institutions, religious Institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug- free Iffestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the Town of Fountain Hills further commits its resources to ensure the success of the Red Ribbon Campaign; WHERAS, October 23-31, 2016 has been designated National Red Ribbon Week, which encourages Americans to wear a Red Ribbon to show their support for a drug free environment; NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of Fountain Hills, do hereby proclaim October 23-31, 2016 as Red Ribbon Week and encourage its citizens to participate In drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Fountain Hills, DATED This EP day of October, 2016 ndtt a M. Kavanaglf, !;Iayor A[ sC J Bevelyn J. Bever, Tovn Clerk Town of Fountain Hills PROCLAMATION WHEREAS, serious social problems concern our nation, state, and town, and threaten our future; and, WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and, WHEREAS, we, the American people and the residents of Fountain Hills, have a tradition of philanthropy and volunteerism; and, WHEREAS, in 2015, almost five million people cared enough about their communities to volunteer on MAKEA DIFFERENCE DAY, accomplishing thousands of projects in hundreds of cities and towns; and, WHEREAS, in our community, nonprofit organizations, schools, businesses, houses of worship, families, neighborhoods, and friends serve together to make a difference; and WHEREAS, 2016 makes the B'" year for Fountain Hills to demonstrate that it is the small town with a big heart; and WHEREAS, the Town of Fountain Hills supports a vibrant community to enrich the lives of our residents; WHEREAS, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim October 22, 2016 as MAKE A DIFFERENCE DAY in Fountain Hills, and urge all citizens to participate in volunteer projects as we work together to meet the needs of our neighbors. Dated This 6" day of October, 2016 �^T.� r'IYrxn�s.AsaX� n M Kan m h, Mnynr ATTEST.' Bevelyn 1. Berger, Tatyn Clerk Meeting Date: 9/2612016 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 September 15, 2016. 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 (tor council use): Move to approve the consent agenda as listed Prepared by: &kdr�� evelyn Bender„ 'Town Clerk 9/2612016 Approved: f Grady E. Mil , To n Manager 9127!2016 Page 1 of 1 'VAIN TOWN OF FOUNTAIN HILLS I �rL Z�- � TOWN COUNCIL MW VW. AGENDA ACTION FORM Zllrhat�is NO ,� tioo Meeting Date: 10/6/2016 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Grady E. Miller, Town Manager, 480-816-5107; gmiller@fh.az.gov Council Goal: Strategic Values: Not Applicable (NA) Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2016-30 approving an intergovernmental agreement with the Salt River Pima-Maricopa Indian Community (SRPMIC) relating to Proposition 202 funding. Applicant: NA Applicant Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: Section 12 of the Gaming Compact 2002 and A.R.S. §5- 601.02; Fountain Hills Resolution 2004-34 Staff Summary (background): Proposition 202 [Gaming Compact with the State of Arizona] was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02. This legislation allows for distribution of funds to be solicited by cities, towns, and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, which include public safety, mitigation of impacts of gaming, and the promotion of commerce and economic development. The Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns, and counties in the State of Arizona. Many non -profits also request this funding as "pass through dollars" from cities, towns, and counties to support programs within their communities. Because the legislation required that the funds be solicited by a municipality or county, the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass through for funds). A copy of the policy has been provided for reference. The Salt River Pima-Maricopa Indian Community (SRPMIC) awarded the Town of Fountain Hills $35,000.00. Their notification letter is attached as well as the Resolution and supporting intergovernmental agreement. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA Page 1 of 2 If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve List Attachment(s): Resolution 2016-30 with attached Intergovernmental Agreement; Resolution 2004-34 (The Town's pass through policy); and the Salt River Pima-Maricopa Indian Community award letter. SUGGESTED MOTION (for council use): Move to approve the consent agenda as listed. Prepared by: NA 9/26/2016 Director's Approval: NA 9/26/2016 Approved: Grady E. Miller, &Q Manag r 9/27/2016 Page 2 of 2 0 August 26, 2016 SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY 10005 E. OSBORN RD. SCOTTSDALE, AZ 85256 (480) 362-7520 1 hq://www.srpmic-nsn.gov/ Mark Mayer Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Dear Mark Mayer, On behalf of the Salt River Pima-Maricopa Indian Community `SRPMIC" I am pleased to inform you dot your application was approved to be fimded in the amount of $35,000.00. We look forward to hearing the progress of your organization. In the coming month the SRPMIC will be working with the appropriate pass through agency to process the grant award. In addition, the SRPMIC's Office of Congressional and Legislative Affairs will be communicating with you to provide further detail of the award and the activities to follow. We look forward to a successful partnership. Sincerely, ' - ��/�� /4. Delbert W. Ray Sr. President RESOLUTION NO. 2004-34 J A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING. WHEREAS, Proposition 202 funds may be solicited by cities, towns and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of commerce and economic development; and WHEREAS, various entities have requested that the Town of Fountain Hills (the "Town") solicit Proposition 202 funds on their behalf; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council') has determined that it is in the best interests of the citizens of the Town to establish written policies to create a uniform application process for procurement of Proposition 202 funds on behalf of various entities; and WHEREAS, the Town Council desires to establish a policy and procedures for requesting Proposition 202 funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the "Town of Fountain Hills, Arizona, Policy and Procedures for Proposition 202 Funding" (the "Policy") is hereby adopted in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to ensure that the Policy is implemented and applied to all requests for Proposition 202 funding. SECTION 3. That this Resolution shall become effective immediately upon passage. 9196.0011—v'004-34 Pmp 202 Miry.ms.d- 6-21-04.1 [SIGNATURES ON FOLLOWING PAGE] PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, July 1, 2004. FOR THE TOWN OF FOTAIN HILLS: Timothy G. 9196.0W- - A2004-68 Pmp 202 N icyses.doc 2-26-04-] 2 ATTESTED TO: �V&64own Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS, ARIZONA POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING In order to secure for the Town of Fountain Hills, Arizona (the "Town") the benefits of the Indian Self Reliance Initiative ("Prop. 202") passed by the Arizona voters in the 2002 state general election and codified in ARiz. REV. STAT. § 5-601.02, and to promote the best interests of the Town, the following Policy and Procedures for Prop. 202 Funding (this "Policy") is hereby adopted by the Mayor and Council of the Town (the "Town Council"). Under ARiz. REV. STAT. § 5-601.02, Prop. 202 funds may be solicited by cities, towns and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of commerce and economic development. Because the legislation requires that the funds be solicited by a municipality or county, the Town has been approached by various entities requesting that Prop. 202 funds be procured on their behalf. Accordingly, the Town Council has established the following Policy to create a uniform proposal process for such entities. ARTICLE 1. General Policies 1.1 Oualified Entities. The Town will only accept and process proposals for Prop. 202 Funds made by itself or by Town -based, non-profit organizations ("Qualified Entities"). 1.2 _Discretion Retained by Town Manager. The decision to process a Qualified Entity's proposal shall be retained by the Town Manager, or his designee, subject to the application of sections 1.3 and 1.4 of this Article. 1.3 Town as Applicant. If, in any given quarter, the Town submits a proposal for Prop. 202 funds, it will not process proposals from Qualified Entities for that particular quarter if the applicant is requesting funds from the same tribe as the Town. Such Qualified Entities may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 1.4 Preferred Fund Use Schedule. Where multiple Qualified Entities have submitted proposals for Prop. 202 funds for the same quarter, from the same tribe, the proposals shall be processed in accordance with the following schedule of preferred fund uses: a. Public safety; b. Mitigation of impacts of gaming (i.e. education, social services and health care); C. Promotion of commerce and economic development (i.e., transportation and tourism). 1.5 Reimbursement for Costs. All costs incurred by the Town in connection with (1) the administration of a proposal submission and (ii) the distribution of Prop. 202 funds shall be subtracted from the total amount of Prop. 202 funds awarded, if any, to the Town on behalf of the Qualified Entity. Such costs may include, but are not limited to (i) staff time spent processing the application and any resulting final report, (ii) auditing fees and (iii) legal fees incurred in the preparation of a resolution, intergovernmental agreement and any other legal document associated with transferring the Prop. 202 funds to the Qualified Entity. 1.6 Funds Budgeted by Town. If the Qualified Entity receives Prop. 202 funds, the distribution of those funds will not be used to supplant funding, if any, budgeted by the Town for distribution to that entity in the applicable fiscal year. 1.7 Final Report. Any Qualified Entity receiving Prop. 202 funds shall submit to the Town, no less than 30 days prior to the end of the fiscal year in which the funds were disbursed, a final and complete report detailing how the funds were actually spent. 1.8 Modification. The Town Council may modify this Policy from time to time. ARTICLE 2. Proposal Reauirements 2.1 Deadline to Apply. All proposals for Prop. 202 funds shall be submitted to the Town Clerk no less than 60 days prior to the deadline for such proposals as determined by the respective tribes for that particular quarter. 2.2 Proposal Content. The proposal shall, at a minimum, contain the following information: a. Qualified Entity Information. The Qualified Entity shall provide a general description of itself, including its corporate and organizational structure. This description should also include the names of all officers and/or corporate directors directly related to or associated with the proposed administration of the Prop. 202 funds. b. Applicant Contact. The Qualified Entity shall provide the name, address, phone number, facsimile, email and other relevant information for the primary contact for the Qualified Entity. C. Detailed Description. The Qualified Entity shall provide a detailed description of the manner in which the Prop. 202 funds, if awarded, will be used. This description should also include a statement of how the proposed use of the funds meets one or more of the purposes set forth in Section 1.4 above. d. Estimated Costs. The Qualified Entity shall indicate the dollar amount being requested from the tribe including a detailed budget. Additionally, the Qualified Entity should provide any supporting documentation demonstrating that the amount requested is directly related to the use proposed. 9196.0011Prop. 202 policy.O.doc 6-23-04-1 e. Information Requested by the Tribe. In the event that the tribe has issued a solicitation of proposals that requests information not specifically required by this Article. the proposals must include that information as well. 2.3 Incomplete Proposals. Incomplete proposals will not be processed. 9196.001\Prop. 202 policy.v3.doc 6-23-04-1 RESOLUTION 2016-30 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY RELATING TO PROPOSITION 202 FUNDING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills and the Salt River Pima-Maricopa Indian Community relating to Proposition 202 funding for promotion of tourism (the "Agreement") is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 6, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2783602.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2016-30 [Intergovernmental Agreement] See following pages. 2783602.1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY AND THE TOWN OF FOUNTAIN HILLS This Intergovernmental Agreement ("Agreement) is entered into by and between the Salt River Pima-Maricopa Indian Community ("SRPMIC"), a Federally -Recognized Indian Tribe, and the Town of Fountain Hills (the "Town"), pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the SRPMIC and State of Arizona Gaming Compact 2002 ("Compact") and Article VII, § 1(h) of the SRPMIC Constitution and A.R.S. §5-601.02. RECITALS 1. The SRPMIC and the Town may enter into an agreement with one another for the distribution of a portion of 12% of the SRPMIC annual contribution ("Contribution") under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5-601.02. 2. The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of SRPMIC to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian Tribes, as well as any person, association, partnership, corporation, government or other private entity. 3. The Town is authorized by A.R.S. § 11-951 through § 11-954 to enter into intergovernmental agreements with other governmental agencies including Indian Tribes. 4. The SRPMIC desires to convey to the Town a portion of its annual 12% local revenue-sharing contribution ("Contribution") required to be paid to local governments. NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the SRPMIC and the Town hereby mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution(s), as hereinafter defined. 2783386.1 2. Contribution: The SRPMIC shall provide the Contribution to the Town, in the amount of $35,000, following execution of this Agreement. The Contribution shall be used solely for the Town's tourism program. Total Disbursement: $35,000 3. Payment and Use of Funds. a. Use of Funds for Purposes Other Than to Fulfill Agreement. The Town shall use the Contribution only for the express purpose contained herein. b. Inspection and Audit. To ensure compliance with this Agreement, the SRPMIC hereby reserves the right to inspect any and all records maintained by the Town with respect to this transaction upon seven (7) days prior, written notice to the Town. The Town shall allow the SRPMIC reasonable access to the records pertaining thereto. This section shall survive termination, cancellation, or revocations, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 4. Management of the Project. a. Use of Contributions and Recordkeeping. The Town shall have responsibility for disbursing the Contributions to the recipients in amounts consistent with this Agreement. Within a reasonable time following receipt of the Contributions from the SRPMIC, the Town shall use the Contributions in accordance with applicable Town policies and procedures governing the use of funds. The Town shall keep and maintain records relating to this Agreement. b. [INTENTIONALLY LEFT BLANK.] 5. Notices. Any notice, communication or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given. For the SRPMIC: Delbert W. Ray Sr., President Salt River Pima Maricopa Indian Community 10005 E. Osborn Road Scottsdale, Arizona 85256 2783386.1 2 For the Town: Grady E. Miller, Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 6. Transactional Conflict of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of Section 38-511, Arizona Revised Statutes. 7. Term and Termination of Agreement. a. Effective Date. This Agreement shall be effective on the date it is signed by the SRPMIC authorized representative. b. Term. This Agreement shall commence upon the Effective Date and shall terminate when the Contribution has been received and fully used by the Town, as specified in Section 2 of this Agreement. 8. Indemnification. a. Indemnification. Each party (as "Indemnitor") shall indemnify, defend, and hold harmless the other parry (as "Indemnitee"), its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys, consultants and accountant fees or costs and expenses of whatsoever kind and nature (collectively referred to as "Claims"), but only to the extent that such Claims which result in vicarious/derivative liability to the other party resulting from or arising out of the negligence or willful misconduct of its employees or agents in performing the duties set forth in this Agreement. b. Severability. This section shall survive termination, cancellation, or revocation whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case this paragraph shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this paragraph survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. a. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and 2783386.1 3 all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. C. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. d. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. e. Days. Days shall mean calendar days. f. Severability. In the event that any provisions of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, each party agrees to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 10. Non -Waiver of Sovereign Immunity. Nothing in this Intergovernmental Agreement shall be construed to waive the Sovereign Immunity of the SRPMIC. IN WITNESS WHEREOF, the Town has caused this Intergovernmental Agreement to be approved by the Town Council, executed by its Mayor and attested to by its Town Clerk, pursuant to the above stated powers and authority, and the SRPMIC has caused this Intergovernmental Agreement to be executed by the SRPMIC Council and attested to by its President. This Agreement is effective upon signature of a duly appointed representative of the Salt River Pima-Maricopa Indian Community. 2783386.1 4 IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER TOWN OF FOUNTAIN HILLS, PIMA-MARICOPA INDIAN COMMUNITY, an Arizona Municipal Corporation: A Federally Recognized Indian Tribe: By:_ Name: Its: Date: 2783386.1 5 an Name: Linda M. Kavanagh Its: Mayor Date: ATTEST: Bevelyn J. Bender, Town Clerk APPROVAL OF SRPMIC ATTORNEY The undersigned attorney acknowledges that s/he has reviewed the above Agreement on behalf of the Salt River Pima-Maricopa Indian Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Salt River Pima-Maricopa Indian Community, Article VII, § 1(h). This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. General Counsel Date APPROVAL OF CITY ATTORNEY In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) s/he has reviewed the above Agreement on behalf of the Town of Fountain Hills and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. IRA Town Attorney 2783386.1 6 Date Meeting Date: 1016/2016 Agenda Type; Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: David Trimble, Admin. Services Director, 480-816-5125, dtrirnble@fh.az.gov Strategic Planning Goal: Not Applicable ('NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (agenda Language): CONSIDERATION of RESOLUTION 2016-26, approving the revised Town of Fountain Hills 2016-17 Pay Plan. Applicant: NA Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding. Principle: Pay Pian Staff Summary (background): On May 18, 2016 President Obama and the administration announced the publication of the Department of Labor's (DOL) final rule updating the overtime regulations. This process began in 2014 when President Obama signed a Presidential Memorandum directing the Department to update the FLSA regulations. (See attachment entitled "FAQs from the U.S. Department of Labor (DOL) Website"). Five town position titles are directly affected by the recent changes to the overtime exemption rules set forth in the FLSA by the federal Department of Labor. The minimum amount in the existing annual salary pay plan for these positions is below the yearly exempt threshold that has been reset to $47,476 by the DOL effective in December (this had previously been set at $23,660 by DOL since 2004). Five position titles will require salary range adjustments to meet the new threshold. Four employees are directly impacted by this rule change and are proposed to have upward salary adjustments ranging from approximately 2 - 11 % in order to meet the new minimum set by DOL. (See attachments entitled, "Side by Side Comparison - Current 1 Proposed Pay Plan.." and "Yearly Fiscal Wage Impact of Proposed FLSA Rule Compliance Changes"). These updated changes are required to be implemented by December 1, 2016 per DOL rules (29 CFR part 541). In order to comply with the DOL due date, staff is requesting the changes become effective Monday November 28, 2016 for the Town of Fountain Hills. This is the beginning of the nearest applicable pay period before the mandatory implementation date. We are recommending this salary adjustment in lieu of changing the affected positions to hourly, non-exempt status due to the nature of the job duties involved, and the fiscal impact of mandatory overtime payments under the non-exempt scenario, would likely be higher than the recommended salary adjustment. Page 1 of 2 Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Approximately $15,000 annually Budget Reference (page number): Funding Source: Multiple Funds If Multiple Funds adraed, list here: General Fund and Tourism Fund Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Aftachment(s): Side by Side Comparison - Current / Proposed Pay Plan - 2016 FLSA Rule Compliance Changes Yearly Fiscal Wage Impact of Proposed FLSA Rule Compliance Changes FAQs from the U.S. Department of Labor (DOL) Website SUGGESTED MOTION (for councii ase): Move to approve consent agenda. Prepared by: DSP Y,-.>ItA David I nm e, Administraive Services Director 1 D16.os Approval aaviaTnmblee, Administrative Servioes Director Approved: 4. V4A11 Grady E. Mille o Manager 915/2016 Page 2 oF2 Side by Side Comparison - Currerlt / Rromsed Pav Rlan - 21(116 FUSA Rule Compliance Chances 2016-17 Exempt Positions Existin Cunrart Range Proposed U dated Range FLSA Aclsition Titles Minimluml Maximum Minimum Mlaximuml Ainancie Uillectoll 11 89,616 $ 121,529 $ 214.2121 na chane no change Flub] ia Wollks DIivedon 88,300 12f1,571 3310 na change no ahzmge I7evellopment Sanilcles Dinealcm 88,300 12f1,571 nice change na change no change Town Engineer 84, 88,4 120,113 rio change na change no change Acminisllrative Senice:1 D:inealcm 79,437 l 1:I,S168 Fleel Mechanic/Open Slpace-Landscape Specialist na change no change Community Senice:1 Dirclator 79, 129 11:1,529 151.215 na change no clhange Courl Admilmistnaton 70,886 10(1,807 219.35 na change no change Town Clemk 65,16f1 91,(71 rice change na change no change Haonomic Development DIillectoll 63,352 9(1,094 rio change r. a change no change Chief Building C ff] cia]/P lana Emaminell 62,706 851,174 Caurt Clerk r. a change no change Street Superintendent 61,391 81,304 1(.14 nits change no clhzmge Senior Alar. nem 61,139 8(,945 2121.211 na change no change Networld and Informatior Teahnology Admlir.istnalon 57,531 8`1,697 nu change r change no change Rlecreal i on Supervisor 56,940 8(1,975 na change r. a change no change Harks Supervisor 55,003 78,220 Ct stamen Service Representative I r a change no change Haci:lities/Ervinclnmelntal Supervisor 53,483 7(,0`_19 13.(l na change no change Hvents and Operatior. s Supervisor - Cum ml. Ca.'11 * 49,861 7(1,907 19.36 `_11,799 71,W] Hxeclutilvel Aa:ulatant to Town Manager/Council*1*1 49,508 7(1,405 no change fll,434 73,124 Senior Semv:icias Supervisor" 47,486 67,530 no change z 9,332 7(I,l f16 Accounllad*1*1 45,701 64,992 Seniar aenlices A ssislant z 7,476 61,516 Rlecnealion Pno ram Cocmdinaton"I 43,169 61,391 z 7,476 61,516 Touriam Cocmdinaton" 43,169 61,391 z 7,476 61,516 Vloluntacir Coondinatoll*1*1 43,169 61,391 z 7,476 61,516 Community Center Operations Coord:inaton**1 40,12`_1 51,062 47,476 61,516 **Proposed to bel changed duel 10 AL1SA rt lel change 21016-111 Nam-limempil Aasitiunis Existing (lurreat Range F Proposed Updated Range (FLSA) Pusillian Titlr Minimluim Maximum Minimum) MaMimluim GISI 'lechnliclan)ICA L1 Operator $ 214.2121 11 34.44 nice change no change Traffic Signal lechmician 11 213.6:1 3310 nice change no change Cis it Engineer Inspector 211.C13 219.511 nice change rio change Cade Erikircemerit ClffIcer I %'Az 218.(171 nice change rio change Ellxect live A ssislard 1 SI.T 218.(171 nice change rio change Fleel Mechanic/Open Slpace-Landscape Specialist 151.25 2171.38 nice change rio change FUN Operations Leac 151.215 2171.38 ria change rio change HaaiIities Maintenance Technician 1 ]XI 219.35 ria chane rio change Bt ilding Remi it Technician 1 IR 24.(9 rice change rio change Senian Clair Clerk I ( .851 214.(11 rice change rio change Sueel Mainlenaniae Technician 1( .851 24.(Il nu change rio change Caurt Clerk H.14 .14 212.516 ria change no change Financial Sery ices Tech nician 1(.14 2121.516 ria change no change Accounting Cleuk 15.(',l 2121.211 rice change no change Cusleirnlen Service Representative 11 15.(21 2121.M nu change no change genion Services Activilies Claanc inatar 15.218 211;13 rice change na change Leac Hark Altenc airrl 15.218 211.;13 rio change na change Ct stamen Service Representative I 13.5121 151.151 no change na change Hornle Eleliverec Meals Claanc inator 13.(l 19.36 no change na change Groundskeeper 13.E1 19.36 no change no change Operations Support Wculker 13.(] 19.36 no change no change Cumm iani 121.58 1189 rio change no change Hmuk All end anl 121.58 118SI rio change nio change Seniar aenlices A ssislant 121.58 118SI no change no change Yeanlyl Fiscal Wage Imp acll oil Pioiposiec RLJSA Rule Compliance C Hanglesi jClurreirill Alrinual Proposed New jMiriimum Reirige Barge Minim u m Reirige Minim u m iSalary Cliflerence Position ;Salary (HY All 6-11 Alrinival Salairy ;Arrivally Evarils and Operaticirs Supaniisor- Ccimm. Ctr. 1 $49,861 $51,199 $1,9=1f1 Excic utivo Amisl and lo 'flown M ana er/C au nc it $49,508 $51,434 I $1,926 Scinior Seniiicai Supcinisor $47,486 $49,332 $1,846 Ac cour lar l $441,101 $47,476 $ l ,�7-1 R 1' P C 1 $4"I 169 $47 4q6 $4 307 eu raa coni rogram OUR Ana or _ , i i , 3lourism C ciordiriatar $4.1,169 5147,416 $4,307 1 Vol urWer Coorcinalor 1 $4.1,169 5147,416 $4,307 C arnmunityl Cer ler Operations Coarc inalor $40,125 5147,416 $7,351 FAQs from the U.S. Department of Labor (DOL) Website FLSA Final Overtime Rule htti)s://www.dol.gov/whd/overtime/fina[2016/fag.htm 1. Q. What is the purpose of the "Overtime" Final Rule? This Final Rule updates the regulations for determining whether white collar salaried employees are exempt from the Fair Labor Standards Act's minimum wage and overtime pay protections. They are exempt if they are employed in a trona fide executive, administrative, or professional capacity, as those terms are defined in the Department of Labor's regulations at 29 CFR part 541. This exemption from the FLSA is sometimes referred to as the "white collar" or "EAP" exemption. 2. Q. What is "overtime"? Unless specifically exempted, employees covered by the FLSA must receive pay for hours worked in excess of 40 in a workweek at a rate not less than one and one-half their regular rates of pay. This is referred to as "overtime" pay. 3. Q. What determines if an employee falls within one of the white collar exemptions? To qualify for exemption, a white collar employee generally must: be salaried, meaning that they are paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (the "salary basis test"); be paid more than a specified weekly salary level, which is $913 per week (the equivalent of $47,476 annually for a full -year worker) under this Final Rule (the "salary level test"); and primarily perform executive, administrative, or professional duties, as defined in the Department's regulations (the "duties test"). Certain employees are not subject to either the salary basis or salary level tests (for example, doctors, teachers, and lawyers). The Department's regulations also provide an exemption for certain highly compensated employees ("HCE") who earn above a higher total annual compensation level ($134,004 under this Final Rule) and satisfy a minimal duties test. 4. Q. Why is the Department revising its overtime regulations for white collar workers now? On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department to update and modernize the regulations defining which white collar workers are protected by the FLSA's minimum wage and overtime standards. The salary level test is supposed to help identify salaried workers who are entitled to overtime pay when they work long hours. The current salary level is outdated and no longer does its job of helping to separate salaried white collar employees who should get overtime pay for working extra hours from those who should be exempt. Through this Final Rule, the Department is updating these regulations to ensure that the FLSA's intended overtime protections are fully implemented, and to simplify the identification of overtime -eligible workers, thus making the exemption easier for employers and workers to understand and apply. These revisions will also help ensure that in the future the regulations continue to appropriately separate workers who are entitled to overtime protections and those who may be exempt. S. Q. When did the Department last revise its overtime regulations for white collar workers? The Department last updated the white collar overtime regulations in 2004. That update set the standard salary level at $455 per week ($23,660 annually for a full -year worker). 1 1 httr)s//-www.clol.gov/whd/overtime/final20l6/faq.htm 6. Q. What are the significant changes to the overtime regulations for white collar salaried workers? To restore the effectiveness of the salary level test, the Department is setting the new standard salary level equal to the 40th percentile of weekly earnings for full-time salaried workers in the lowest -wage Census Region, currently the South. The Final Rule increases the standard salary level from $455 per week ($23,660 for a full -year worker) to $913 per week ($47,476 for a full -year worker). In order to prevent the salary level requirements from again becoming outdated and ineffective, the Department is establishing mechanisms for automatically updating the salary and compensation levels every three years to maintain them at the levels set in this rulemaking. Finally, for the first time, employers will be able to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the standard salary level, provided these payments are made on a quarterly or more frequent basis. The Department is also setting the annual compensation level for certain HCEs equal to the annualized value of the 90th percentile of earnings for full-time salaried workers nationally ($134,004). 7. Q. How does the final rule differ from the Notice of Proposed Rulemaking (NPRM)? After considering the public comments, the Department made several key changes to the proposed rule. First, the Final Rule sets the standard salary level equal to the 40th percentile of earnings of full-time salaried workers in the lowest -wage Census Region, rather than based on national data as proposed. The Department modified the standard salary level in response to commenters' concems that the proposed rule did not adequately account for the lower salaries paid in certain regions. Second, the Final Rule provides for automatic updates of the salary levels every three years rather than for annual updates as proposed. The Department made this change in response to commenters' concerns about the burdens associated with updating the salary level on an annual basis. Third, the Final Rule permits employers to count nondiscretionary bonuses, incentives, and commissions toward up to 10 percent of the required salary level for the standard exemption, so long as employers pay those amounts on a quarterly or more frequent basis. In the proposal, the Department said it was considering permitting nondiscretionary bonuses, incentives, and commissions to count toward 10 percent of the salary level, but only if employers paid them on a monthly or more frequent basis. The Final Rule also allows employers to make a "catch-up" payment at the end of each quarter. 2I httos://www.dol.00v/whd/overtime/final2016/faa.htm 8. 0, How do the current regulations, proposed rule and final rule compare? 3I https:llwww,dol.goy/whd/overdmelfinal20l6/fag.htm Current regulations NPRM Final Rule (1004 until effective date of Final Rule, 1016) Salary Level $455 weekly $970 weekly (if finalized as $913 weekly proposed) 40th percentile of full-time salaried workers in 40th percentile of full-time the lowest -wage Census region (currently the salaried workers nationally, South) HCE Total Annual $100,000 annually $122,148 $134,004 Compensation Level 90th percentile of full-time 90th percentile of full-time salaried workers salaried workers nationally nationally Automatic None Annually, with requests for Every 3 years, maintaining the standard salary Adjusting comment on a CPI or percentile level at the 40th percentile of full-time salaried basis workers in the lowest -wage Census region, and the HCE total annual compensation level at the 90th percentile of full-time salaried workers nationally. Bonuses No provision to count Request for comment on Up to 10% of standard salary level can come nondiscretionary bonuses counting nondiscretionary from non -discretionary bonuses, incentive and commissions toward the bonuses and commissions toward payments, and commissions, paid at least standard salary level standard salary level quarterly. Standard Duties See WHD Fad Sheet #17A No specific changes proposed to No changes to the standard duties test, Test for a description of EAP the standard duties test. Request duties. for comment on whether the duties tests are working as intended. 3I https:llwww,dol.goy/whd/overdmelfinal20l6/fag.htm 9. Q. How will employers implement the updated salary level requirement established in this Final Rule? Employers have a range of options for responding to the updated standard salary level. For each affected employee newly entitled to overtime pay, employers may: • increase the salary of an employee who meets the duties test to at least the new salary level to retain his or her exempt status; • pay an overtime premium of one and a half times the employee's regular rate of pay for any overtime hours worked; • reduce or eliminate overtime hours; • reduce the amount of pay allocated to base salary (provided that the employee still eams at least the applicable hourly minimum wage) and add pay to account for overtime for hours worked over 40 in the workweek, to hold total weekly pay constant; or • use some combination of these responses. The circumstances of each affected employee will likely impact how employers respond to this Final Rule. For example, employers may be more likely to give raises to employees who regularly work overtime and earn slightly below the new standard salary level, in order to maintain their overtime -exempt status so that the employer does not have to pay the overtime premium. For employees who rarely or almost never work overtime hours, employers may simply choose to pay the overtime premium whenever necessary. The Department accounted for these (and other) possible employer responses in estimating the likely costs, benefits, and transfers of the Final Rule. Nothing in the rule requires employers to change employees' pay to hourly from salaried, even if the employees' classification changes from exempt to overtime eligible. Employers may choose options #244 above while continuing to pay newly overtime eligible employees on a salaried basis. 10. Q. When will these changes take effect? The effective date of this Final Rule is December 1, 2016. On that day, the new standard salary level ($913 per week or $47,476 per year) and HCE total compensation requirement ($134,004 per year) will take effect. Future automatic updates to these thresholds will occur every three years, beginning on January 1, 2020. 11. Q. Is the Department making any adjustments to the standard duties tests? The Department is not making any changes to the standard duties test. The Department believes that the increase to the standard salary level, coupled with automatic updating in the future, will address concerns that some workers who satisfy the standard duties test should be entitled to overtime pay because they are performing substantial amounts of overtime -eligible work (e.g., operating cash registers, stocking shelves, etc.). The Department also heard concerns from many employers, both in pre -rulemaking outreach and in comments on the proposal, that changes to the standard duties test would be disruptive to employers. 4I httos://www.dol.gov/whd/overtimelfina[20161faa.htm RESOLUTION 2016-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE REVISED TOWN OF FOUNTAIN HILLS 2016-17 PAY PLAN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Resolution No. 2016-10 on June 2, 2016, approving the Town of Fountain Hills 2016-17 Pay Plan (the "Pay Plan"); and WHEREAS, the Town Council desires to revise the Pay Plan to comply with the United States Department of Labor Final Rule regarding the Fair Labor Standards Act (FLSA) regulation with respect to the standard salary level of exempt positions to be implemented by December 1, 2016 (the "Revised Pay Plan"). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town Council hereby approves the Revised Pay Plan in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Revised Pay Plan shall be effective as of November 28, 2016, and shall remain in effect for the balance of the 2016-17 Fiscal Year. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 6, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2770056.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2016-26 [Revised Pay Plan] See following page. 2770056.1 _ r......._.;e m _ r,,. n* 1 P. nnaaarl Pao Plan . 2n1a FLSA Rule Compliance Chances 2016-17 Exempt Positions ExlaOn Curtent Ran a Pro ed U ated Ran a FLSA Position Title Minimum Maximum Minimum Maximum Finance Director $ 89,676 $ 127,529 no chane no change Public Works Director 88,300 125,571 no chane no change Development Services Director 88,300 125,571 no chane no change Town Engineer 84,884 120,713 no chane no change Administrative Services Director 79,437 112,968 no chane no change Community Services Director 79,129 112,529 no chane no change Court Administrator 70,886 100,807 no chane no change Town Clerk 65,165 92,671 no chane no change Economic Development Director 63,352 90,094 no chane no change Chief Building official/Plans Examiner 62,706 89,174 no chane no change Street Superintendent 61,391 87,304 no chane no change Senior Planner 61,139 86,945 no chane no change Network and Information Technology Administrator 57,532 85,697 no chane no change Recreation Supervisor 56,940 80,975 no chane no change Parks Supervisor 55,003 78,220 no chane no change Facilities/Environmental Supervisor 53,483 76,059 no chane no change Events and Operations Supervisor - Comm. Ctr.** 49,861 70,907 51,799 73,663 Executive Assistant to Town Mana er/Council** 49,508 70,405 51,434 73,144 Senior Services St-ervisor** 47,486 679530 49,332 70,156 Accountant" 45,701 64,992 47,476 67,516 Recreation Program Coordinator** 43,169 61,391 47,476 67,516 Tourism Coordinator** 439169 61,391 47,476 67,516 Volunteer Coordinator** 43,169 61,391 47,476 67,516 Community Center operations Coordinator** 40,125 57,062 47,476 67,516 **Proposed to be changed due to FLSA rule change 2016-17 Non -Exempt Positions ExYaq CumfilN a Fro U eYE as aFISPI Position Title Minimum Maximum Minimum Maximum GIS Technician/CAD Operator s 24.22 $ 34.44 no chane I no choose Traffic Signal Technician 11 23.62 1 33.60 no chan a no charge Civil Engineer Inspector 21.03 29.91 no then a no charge Code Enforcement Officer 19.74 1 28.07 no chan a no choose Executive Amstar t 19.74 1 28.07 no chan a no change Fleet Mechanic/Open Space-Landsoape Space-LandsSpecialist 19.25 27.38 1 no chane no Change Park Operations Lead 19.25 27.38 no chane no chan e Facilities Maintenance Technician 17.82 25.35 no chane no charge Building Permit Technician 17.36 24.69 no chnnee no charge Senior Court Clerk 16.89 24.01 nochan a no choose Street Maintenance Technician 16.89 24.01 n0 chane no change Court Clerk 16.14 22.96 no chane no choose Financial Services Technician 16.14 22.96 no chane no chan e Amounting Clerk 15.62 22.21 no chane no choose Customer service Representative II 15.62 22.21 no chane no change Senior Services Activities Coordinator 15.28 1 21.73 no chane I no change Lead Park Attendant 15.28 21.73 no chane I no change Customer Service Representative 1 13.92 19.79 no chane no choose Home Delivered Meals Coordinator 13.61 19.36 no chane I no charge Groundskeeper 13.61 19.36 no chane no change O erations Su rt Worker 13.61 19.36 no chane no change Custodian 12.58 17.89 no chane no chan e Park Attendant 12.58 17.89 no chan a no change Senior Services Assistant 12.58 17.89 no chane no change T ATN 0 Meeting Date: 10/6f2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Public Works Staff Contact Information: Justin T. Weldy, Street Superintendent, jweldy@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Pavement Management Program REQUEST TO COUNCIL (agenda Language): Consideration of approving the first amendment to Cooperative Purchase Agreement C2016-181.1 with Vincon Engineering Construction, LLC for asphalt crack sealing in the amount of $50,000.00 for FY 2016-17 and $50,000.00 for each of the next three years for a total not to exceed $200,000.00 Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): The Town's Pavement Management Program requires several phases to insure that roads are properly maintained. Asphalt crack sealing various roads will help to extend their useful life by preventing water penetration. This Contract Amendment will allow for roads that will be slurry sealed in the future to have the asphalt cracks filled. The attached Amendment will allow for these improvements to be completed prior to the slurry sealing projects Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): $50,000.00 Budget Reference (page number): 249 Funding Source: Hurf Fund If Multiple Funds utilized, list here: NA Budgeted, if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of the proposed contract amendment. List Attachment(s): Contract C2016-181.1 Page 1 of 2 SUGGESTED MOTION (for Council ase): Motion to approve Contract C2016-181.1 with Vincon Engineering Construction, LLC for asphalt crack sealing in the amount not to exceed $200,000.00 3App oved: \r_V^t /, Grady E. Miller, T pager 10/42016 Page 2 oft Contract No. C2016-181.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VINCON ENGINEERING CONSTRUCTION, LLC THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of October 6, 2016, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Vincon Engineering Construction, LLC, an Arizona limited liability company (the "Contractor"). RECITALS A. After a competitive procurement process, City of Chandler ("Chandler") entered into Contract No. ST5-745-3433, dated October 24, 2014, as amended by Amendment Number One, dated August 17, 2015, and Amendment Number Two, dated August 1, 2016, with the Contractor for the Contractor to provide asphalt rubber crack sealing (collectively, the "Chandler Contract"). Amendment Numbers One and Two are attached hereto as Exhibit 1 and incorporated herein by reference. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated September 14, 2015 (the "Agreement"), based upon the Chandler Contract, for the Contractor to provide the Town with asphalt rubber crack sealing (the "Materials and Services"). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. C. The Town has determined that additional Materials and Services by the Contractor are necessary (the "Additional Materials and Services"). D. The Town and the Contractor desire to enter into this First Amendment to (i) extend the Term of Agreement and (ii) provide for the increase in compensation to the Contractor for the Additional Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of the Agreement. The term of this Agreement is hereby extended and shall remain in full force and effect until November 30, 2016, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement or the Chandler Contract. After the expiration of this renewal term, this Agreement may be renewed for up to three successive one- year terms (each, a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject 2770386.2 to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Chandler Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Chandler Contract), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The initial term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Compensation. For each Renewal Term, the Town shall pay Contractor an aggregate amount not to exceed $50,000.00 for the Materials and Services at the unit rates as set forth in the Chandler Contract, resulting in an increase of the aggregate not -to -exceed compensation from $15,000.00 to $215,000.00. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in, a "boycott" of Israel, as that term is defined in ARIZ. REv. STAT. § 35-393. 6. Conflict of Interest. This First Amendment and the Agreement may be canceled by the Town pursuant to ARIZ. REv. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2770386.2 2 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 Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2016, before me personally appeared Grady E. Miller, 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) 2770386.2 "Conll tiacil or" VINCON ENGLNEERING CICINSTRLI CIT]ION, MICI, an Aroma ]irnilad liafiivp aompary By: Name: 7 ille: r " �r' Nom+ f l6) MOV-66-2-v—p— (A(1"0W1JEDGTV ENT; STAT 1 CIF AR AONA s�. CICIUNTY CIF MARICOPA On ( Q� MO, 7 befora rrie peiisle na lly appeal ed PDA`�`� the I1PGrtfily (f VINCON F NGINEF RING CONST RUCRION, LLIC, an Arizona limited liabilil)l company, whose identily was pravan to me a n the basis of salWaalary evidanae lobe the peaison who heAsihe clairriis to be, and acknowledged that hoJshc signed t1.e above document an belialf of the limited liability company. OFFICIAL SEAL $DNYA DUNGY ""T^rrnvMOU RCOPACOU Ot "' 'a Not Public MY COMM, expires March 26, 2t 1 E I lAffix not ar31 sa a 1 hero 'AOR., 4 EXHIBIT 1 TO FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VINCON ENGINEERING CONSTRUCTION, LLC [Chandler Contract Amendments] See following pages. 2770386.2 RE C EIVED Alli t• 118 2H1 AIMEIN DIVIBINTI P L MBER CIN I+ VIN �, LLQ "1[110 A GRUE.IN E 7 E ETY1 E ®II- E UITYI OF CH A NCILEF VIP C ON EP GINE 1ERING C CINSTRU aTION, LLC ASF HALT RL BEITR CIRAIGH SEALiP CI AC 1['q EEM®NT PCI. SITS 7454. dl: This F rn a r do a tit No, 1 to that a ertE in Algroa mc n t betwea n 0 a Cit51 oil Clhandiea (CI -111y) sr r cl V incotr Engineering C orna l mallon, I L® ((Ic n IrE c lc r) Al It Rubbei Crack Sealing cla 1acl, Clatober 34, 20 til at cl is entered rota tl•is 12_ day oil —120,5. WHE Rk AS, Ire p,,rtlo s o r teaed into c onbe ct -lor one year will pi ovi. is n a to e, rte nc I loi faiur (4) terms of one year eacl . llhia is the -first ienewal a'ptic r , N ON THEFIEFOH®, the parties agree as lollaws: 1. Bxhil it C ti the CCIn7RA CT is amended by removir gI 1:1 a existing EXH IBIII C E nd replacing it will Ito attached Exhibit C, entitled "Elx1-1B17 CI PF IC IN Cl Deco miler 'I, 1115 - N avember 3a, MO." 2. 5eciia n 4, Hriae o -I II a plgueernent, is herek )l a rr ended to read as loilov� s: "PRIG°®. Cllty aI all pay to CIC N-HRAC110110 o unit I: rice per lineal toot lore ar E ria I as well ac reE idential atneeta as sl own on Uxhiblt C, a tta a I ed and mode a fla rl t e reoll by reference, in an a9lJregate amount not to exceed FIII�L h UNC ICED 7IIH.OL SIANCII.0M I ARS (I fla ( ,990) tar i he can plEiti.on of all the via rl ant E ervicea„ cle s c1[ ibed Fera it , whir t s urn E I all Include all cants of E>ireases iliac tied by CICINIIRACITC1Fl, paJlable as setforh in Exhibit C, a Ita shed hei eIo s rid rn a cla a I: art hereoil by reilerence." Section 5 oil the Aglreement, as amended, extends the learn oitl a agreemerli for a -one - r Ia a n period irlom flea a r k a r '1, 20.15 thnough Nw ra rr t o r < 0, 2016, 4, Except as aru c ncled abo`re, E 11 other tE rnr a and aonditlons of l he above rieilel er ced Clontra a I s I all remain unchanged and it Itill 'lorae and ellect. All Ic rnig z n d aonditions in the original Agreement not specifliaally-am at ded I e rain s I all k e incor port to cl I }I releip:nce in thein entirety and sI all ren air in lull tlorce and elilect. IN V11 El EF ECIF, the par les have hereunto Eubscribed their names ihls Z 2 day ol 2015. CIM or CI- AIN CILF-R: PAa r 1017 3 V C 9 P PPFICIVE C PlfI TO F I Ni: C KN Morn ey0�- ST: (I I coiipora lion) AITI EST:JA A YI-- 2 City Clerk WHIN®SS� (Ii it dig ideal on nF G HqN„ Fla ntnershi 041�°°y.�?,a n SEAL MTZ IM ]OF3 1 his Amendment Na. Tin o tc t1 a t a ertain / Ic re a m e n t be teen the (lity oil Chandler QCIITY) and 1� Ina or Engin e e ming Clan sill nus Ion, LLCI (Clontractor)f Asr halt Flat t ei Ci acl Sealing c s ted, Oc tat en 24, 2014 and is entered into this I <la)l 01 , 20'16. VI HEF UIS, the partie9 entanec into aglneernant ton one yean witt pumision, to extent ion i1w (4) add itio n al one-yean tenm9. N C W THERERGRE, the I a rties agree a, fa llom . I. Sti(lion 4, Price, oil1he Ac raemenil Is hereby arnian dad, incosasing the annual,, pending Iini it by $250,11 a tlr r a ievi9 e d not to exca s cI an 4L nt of $7110, a a 0 fan the term ending N!a ti iem t s r 2 0, 2016, 3. All oihen terms, conditions and pricing oll the at ave nelenenoe d Agneemer t shall i emain unci a r 9lad and in full -lonce and efiec . II► WI ES1EI WHERE OF, the parties F ave hereunto sribE cribed thein narnas this Lc'1, 20'19. A17111111ESZ : CaUT: f corps nation) JAA MIN ESIEI: (if in& iidual on Parinenst ig) day oil AIMENC MEN T NUMBER 7VYO, i TO ACIREEN ENT BETWEEN TH E aITY an CIH AIS DLER AND waIDN ENGIA EEFIINCI am SITRUCITICIN, LLCI 119 PH AIL'1 RU BEIER CRAUK SEALIN 0 AIGHIIIEMENT NCI. flT644I111-3433 1 his Amendment Na. Tin o tc t1 a t a ertain / Ic re a m e n t be teen the (lity oil Chandler QCIITY) and 1� Ina or Engin e e ming Clan sill nus Ion, LLCI (Clontractor)f Asr halt Flat t ei Ci acl Sealing c s ted, Oc tat en 24, 2014 and is entered into this I <la)l 01 , 20'16. VI HEF UIS, the partie9 entanec into aglneernant ton one yean witt pumision, to extent ion i1w (4) add itio n al one-yean tenm9. N C W THERERGRE, the I a rties agree a, fa llom . I. Sti(lion 4, Price, oil1he Ac raemenil Is hereby arnian dad, incosasing the annual,, pending Iini it by $250,11 a tlr r a ievi9 e d not to exca s cI an 4L nt of $7110, a a 0 fan the term ending N!a ti iem t s r 2 0, 2016, 3. All oihen terms, conditions and pricing oll the at ave nelenenoe d Agneemer t shall i emain unci a r 9lad and in full -lonce and efiec . II► WI ES1EI WHERE OF, the parties F ave hereunto sribE cribed thein narnas this Lc'1, 20'19. A17111111ESZ : CaUT: f corps nation) JAA MIN ESIEI: (if in& iidual on Parinenst ig) day oil 0AIN 0 Z Meeting Cate: 1016/2016 Agenda Type: Consent TOWN OF FOUNTAIN MILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162, crudolphy@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language)* CONSIDERATION of RESOLUTION 2016-27 approving anintergovernmental agreement with the Education Service Center, Region 20, known as the PACE Purchasing Cooperative, to purchase commodities or services. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Town has previously revised the Town Code, Chapter 3, as well as adopted a Procurement Policy. As a means of facilitating the Implementation of the Policy, Town staff has researched available alternatives to direct procurement for the ease of implementation and to gain efficiency. One such alternative is the use of a cooperative purchasing agreement. The particular agreement requires action by the Council. Risk Analysis (options or alternatives with implications): Town staff can perform procurement function which will consume more staff time than to use a procurement already performed by another entity. Fiscal Impact (initial and ongoing costs; budget status): none Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: INA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): interlocal Cooperation Agreement SUGGESTED MOTION (for Council use): Approve RESOLUTION 2016-27. Page 4 of 2 Prepared by: A Directorj' �'grovel: f i,R h Craig op y ina ce ire r Approved: Gratly Miller, Town 1 nag 9127/2016 Page 2 oft RESOLUTION 2016-27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE EDUCATION SERVICE CENTER, REGION 20 TO PURCHASE COMMODITIES OR SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement with the Education Service Center, Region 20, known as PACE Purchasing Cooperative ("PACE"), authorizing the Town to purchase commodities or services through PACE contracts (the "Agreement") is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 6, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2777886.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2016-27 [Agreement] See following pages. 2777886.1 INTERLOCAL COOPERATION AGREEMENT Education Service Center, Region 20 (its' PACE Purchasing Cooperative) ARIZONA PUBLIC AGENCY (School, College, University, State City or County Office) ARIZONA Schools enter Count -District Number EDUCATIONAL OR GOVERNMENT ENITY if applicable and Education Service Center, Region 20 (its' PACE Purchasing Coop) 015-950 San Antonio, Texas Region 20 County -District Number The Texas Education Code §8.002 permits Regional Education Service Center, at the direction of the Commissioner of Education, to provide services to assist school districts, colleges and universities in improving student performance and increasing the efficiency and effectiveness of school, college and university financial operations. Interlocal contracts are authorized by the Texas Interlocal Cooperation Act (TICA) TEX.GOV'T CODE §791.001, et seq. TICA provides statutory authority for local governments, such as school districts and educational service centers, to contract or agree with another local government to perform governmental functions and services that each party to the contract is authorized to perform individually. TEX. GOV'T CODE §791.001, et seq. TICA specifically authorizes agreements to purchase goods and any services reasonably required for the installation, operation or maintenance of the goods. TEX. GOV'T CODE §791.025. An interlocal contract must be authorized by the governing body of each party; state the purposes, terms, rights and duties of the parties; and specify that each parry paying for the performance of the governmental functions and services must make those payments from current revenues available to the paying party. TEX.GOV'T CODE §791.01 l(d). Government Authority: ARIZ. REV. STAT. ANN. § 41-2631. Definitions In this article, unless the context otherwise requires: 1. "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit. 2. "External procurement activity" means any buying organization not located in this state that would qualify as a public procurement unit. 3. "Local public procurement unit" means any political subdivision, any agency, board, department or other instrumentality of such political subdivision and any nonprofit corporation created solely for the purpose of administering a cooperative purchase under this article. 4. "Nonprofit corporation" means any nonprofit corporation as designated by the internal revenue service under section50 I (c)(3) through 501(c)(6) or under section 115, if created by two or more local public procurement units, includes certified nonprofit agencies that serve individuals with disabilities as defined in section 41-2636. 5. "Public procurement unit" means a local public procurement unit, the department, any other state or an agency of the United States. ARIZ. REV. STAT. ANN. § 41-2632 A. Any public procurement unit may either participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of any materials, services, professional services, construction or construction services with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. The cooperative purchasing may include joint or multi-party contracts between public procurement units and open-ended public procurement unit contracts that shall be available to local public procurement units. A nonprofit corporation may enter into an agreement pursuant to this section if one or more of the parties involved is a public procurement unit.... F. Parties under a cooperative purchasing agreement may: 1. Sponsor, conduct or administer a cooperative agreement for the procurement or disposal of any materials, services or construction. 2. Cooperatively use materials or services. 3. Commonly use or share warehousing facilities, capital equipment and other facilities. 4. Provide personnel, except that the requesting public procurement unit shall pay the public procurement unit providing the personnel the direct and indirect cost of providing the personnel, in accordance with the agreement. 5. On request, make available to other public procurement units informational, technical or other services or software that may assist in improving the efficiency or economy of procurement. The public procurement unit furnishing the informational, technical or other services or software has the right to request reimbursement for the reasonable and necessary costs of providing these services or software. ARIZ. REV. STAT. ANN. § 11-952 A. If authorized by their legislative or other governing bodies, two or more public agencies or public procurement units by direct contract or agreement may contract for services or jointly exercise any powers common to the contracting parties and may enter into agreements with one another for joint or cooperative action or may form a separate legal entity, including a nonprofit corporation, to contract for or perform some or all of the services specified in the contract or agreement or exercise those powers jointly held by the contracting parties. Effective: This Interlocal Agreement (hereinafter referred to as the `Agreement") is effective and shall be automatically renewed annually unless either party gives sixty (60) days prior written notice of non -renewal. This Agreement may be terminated without cause by either party upon sixty (60) days prior written notice, or may also be determined for cause at any time upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Education Service Center, Region 20 by this Agreement, agrees to provide competitively bid cooperative purchasing services to the above-named public entity through a program known as PACE Purchasing Cooperative. Role of the PACE Purchasing Cooperative: 1. Provide organizational and administrative structure of PACE. 2. Provide Administrative and Support Staff necessary for efficient operation of PACE. 3. Provide marketing of the PACE to expand membership, awarded contracts and commodity categories. 4. Initiate and implement activities required for competitive bidding and vendor award process including posting, advertising, collecting proposals, scoring proposals, and awarding of vendor contracts. 5. Provide members with current awarded vendor contracts, instructions for obtaining quotes and ordering procedures. 6. Maintain filing system for all competitive bidding procedure requirements. 7. Provide Reports as requested. Role of the Education or Government Entity: 1. Commit to participate in PACE. 2. Designate a Primary Contact for the entity to be responsible for promoting PACE within the organization. 3. Commit to purchase products and services from PACE Vendor Awarded Contracts when in the best interest of the entity. 4. Accept shipments of products ordered from Awarded Vendors in accordance with standard purchasing procedures. 5. Pay Awarded Vendors in a timely manner for all goods and services received. 6. Report any vendor issues that may arise to the PACE Cooperative Contact. General Provisions: Both Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. This Agreement shall be governed by the laws of the State of Texas and venue shall be in the county in which the administrative offices of Education Service Center, Region 20 are located which is Bexar County, Texas. It is the responsibility of the Entity purchasing from PACE Purchasing Cooperative awarded vendors to insure that the respective State purchasing laws are being followed. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms and it may not be modified in any manner without the express written consent of the Parties. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the reminder of the provisions of this Agreement shall remain in full force and effect. Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to the nonbinding mediation. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. This Agreement may be negotiated and transmitted between the Parties by means of a facsimile machine and the terms and conditions agreed to are binding upon the Parties. Authorization: Education Service Center, Region 20 and PACE Purchasing Cooperative have entered into an Agreement to provide competitively bid cooperative purchasing opportunities to entities as outlined above. The Interlocal Agreement process was approved by the governing boards of the respective Parties at meetings that were posted and held in accordance with the respective STATE Open Meetings Act, for Texas it was Government Code Ch.551. The individuals signing below are authorized to do so by the respective Parties to this Agreement. INTERLOCAL COOPERATION AGREEMENT Please send a signed Interlocal Agreement to (or fax to 210-370-5776 or e-mail to jim.metzger@esc20.net): Education Service Center, Region 20 Attn: PACE Coop 1314 Hines Ave San Antonio, TX 78208. Public Entity BY: Authorized Signature Title Date Contact Person Title of Contact Person Street Address City, State, Zip Phone/Fax Number E-mail Address Education Service Center, Region 20 BY: Authorized Signature Purchasing Coordinator Title Date Jim Metzger Contact Person Purchasing Coordinator Title of Contact Person 210-370-5204 Phone Number 210-370-5776 Fax Number jim.metzger@esc20.net E-mail Address Meeting Date: 101512016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162, crudolphy@fh.az.gov fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving CPA 02017-055 with Cost Control Associates for review of energy and telecom services in the amount not to exceed 33% of savings identified. Applicant: Applicant Contact Information: Property Location: !Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Cost Control Associates (CCA) reviews energy and telecom service types for the purposes of obtaining refunds and identifying cost reductions. Staff attended a conference at which CCA presented a session with the City of Tempe on cutting expenses and keeping services, Tempe obtained $4,000 in refunds and $46,000 in annual cost savings. The typical recovery is $10,000-$50,000. Fees are charged on a contingency basis; for the Town, the fee would be 33% for all recoveries up to $500,000. If no savings are identified, there is no cost to the Town. The typical engagment process lasts between six and nine months. In an effort to explore any and all opportunities for reducing expenditures, staff feels that such an undertaking to review utility costs would be beneficial and demonstrate the Town's commitment to cost savings. Risk Analysis (options or alternatives with implications): The Town might be incurring unnecessary costs on its energy and telecorn services, Fiscal Impact (initial and ongoing costs; budget status): Any savings would reduce the General Fund operating costs. Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, fist here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): CPA - Contract 2017-055 Page 1 of 2 SUGGESTED MOTION torr council use): Move to approve contract C2017-055. Prepared by. NA 6 25/2015 Direetor'g Approval/ �,/�/ i.raig u o finance ire �2riP6i6 Ap vetl: L Grady E Miller, T57) ger 9/27/2616 Page 2 of 2 Contract No. X117 -(I; 5 COOPERATIVEI PURCHASING AGREIEM ENT BETWEE N THE TOWN OR FOUNTAIN Hl I. LS AND COST CONTROL ASSOCIATES, INC. TIHIS COOPERATIVE PURCHASING ACIREIEMENTI (this "Agreen irt"; :is erltireid into ais afl Clataber 6, 2016, bameen the Tawr afl Fatnteliri Hills, ani Arizona mtniaipla:l aorpcwation (the "Town":, anc Cast Cornlrol As3uaiates, Ina., a New York carploralicin, (the "Conist ]tart"). RECITAIJS A. Afteir a ciorrpeliliya praaurement process, 1 Governmental Pracurement Al liar.ice ("I CPA") enterec :irto ConlnactNa. 16411P-02, datec May 1Q, 201E (the "11 GAA Car.itracl"), fbr the Consultar.it to provice cost recaveryl arid contair.ini seniaas. AI copy of the ]GRA Cantracd is attach ed hereta as Hxhib it A anc incorplon lec herein by refbrenaei, to the tixtent nat incori9istert with 1Ihis Alplreurnent. H. Tlha Town is parmittec, pur9uani to Sciation :1-3I-27 ofllhe 'flown Caca, to make ptnchases undeir lha 1GPA Conlraat, at its discretion and with the agraerrient afllhe awarded Consu:lanit, and the 1 GPA Cantraicd plarmils ils coopemalive use by alheir public entities, incluc ing the Town. C. Me Tawr and the Consultar.it casira to er.ii irto this Agrearrent for the purpose of (i) acii edging their cooperative aaritreictua] relationship) urider the ] GAZA Contract a rd this Agreement, (ii; ailing ling the terms and cont itions by wh iah the C ensu llanl may plravic a thei Tawr with aost racavary and aantalinmurit seniaas, as more particularly sel forth in Sections 2 below (the "Services") and (1iii) settirifsl thei maximum a®greplate amount Flo be eixperdec purstant to th is A 8reament rialatec to th e Seniiaes. AGRHEMBNT NOW, THERBFORH, in consideratior of the fbrglaing inlrodt ation and racitals, whiah are incorporateid hareir by reference, the fkillawing mulltal covenants and aonc itions, and other gaod anc valuable eari9ideration, the receipt aric suffrciamiy oflwh:icih area hereby, aaknowlecaec, the Tlown anc the Consultaril hereby a@ ea as follows: 11. Ternm ofIAgreement. This Agrceireni shall be eiffeativa cis cif llhe tate first sort forth above and shall remain in fill force aric affeiat u ritil May 9, � 0'.17 (the "Initial Term"), tnlass lerminiated as atharwisa proviced iri this Agreamanil ar lha 1GPA Conlrad. Afiler the expiration aflilhe Initial Term, this Agreement rray be rer.iewed fcui up Flo two successive one-year tarn s (leach, a "Renewal Term if I (i) :it :is c etimed iri thea No iritemests afl 0 a Tawn, st b jacl to a) a it at i] its, anc appraprniaticin of I ft nds f 6 renewal in aaah su t 9equant year, (1ii; the term of I 1 he IGPA Contracl has nol expired or has beim extended, (iii) al .1aasl ?la days prior to thea end cif Ihe then -current term of this Agreement, the Contractor recltests, in writing, to extend tlis Agreiemeirit fcir an aiddiliorial anti-yeeir teirtr, aric (iv; thti Tawri apppioveis thei adc itional onie-yaam 2773 U 52.1 Icirm in writing (incluc ing ar.iy price ad jt slmants approved as parl of tt a :I GPA Clantracl), as avidericad by tta Tawr Manager's signalura themeori, which approva may, be withheld by the Towri for any neascri. The Contractor's fWlure to seiek a nenenval of this Agnaeimemt stall cause this Agraeimant to lermiriate at 1Ihe and of Oa then-mrrarit teirm cif this Agreemerl; praviced, howaver, 1hal tte Town may, at it -,I d:iscreticr.i arid wilh 1ha agiiaeimant of 1he Conlractar, alad to waive this nequiramant and ranaw this Agreamenl. The Init:ia Tarm anc any Renewal Terms) are aol laativaly reftirrec to herein as the "Tkirm." Upar.i ranawal, 1he terms arid conditiam cflttis Agraemerit stall namair.i in fUl force and effecd. I Scal2o afl Wank. Consultant stall providei the Services urcer 1Ihe lerms and canditians afhlhe :I GPA C ar.itract fbm the fallowing Towr aniergy and teileicom service t)1pes: A. Electricity B. Natural gas C. Hrapania, oil anc athero patralaurri fuels D. Weiteir and wastowaler E. Wada removal F. Telecom local seniices G. Telacom long distarica services H. Wireless serviaas — call ular plhonas arid c eviceis :I. Compensation. 'Rhe Town stall pay C ansa ]tans according to it a parformar ccF based fee schec uile sed forth iri Sctaduile A of the 1 GPA Conlract. 4. BUrneints. 'Phe Town shall pay tha Consultant rrianttly 1dr Sarvicas pgrlormad and demi, lelec to dale, anc upon submissiari and approval oft invoices. Each invaiea shal (i) contain a refhrancia to this Agleamant aric tta 1GPA Clontract and 11ii; document anc illemize all work completed to date. Tha invoice sllatemeril stall induce a raaord (iflllirrie a)ipeniced and work performed ir.i sufficianl detail to jt slif)1 paymont. Additianal y, invoices submitlae withaut refkirenicir.ig This Agleament anc tte 1GHA Cantreiat will be subject 110 nejectian find may be retulrnad . 5. Records arid Audit Rightd. To ensure 1Ihat thea Conisultalnt and its subcontmcitars are aamplying with the warranty unc er Seats an 6 b e aw, Consultant's fired its subcontractors' books, recorc s, caniesponic ence, accat nting pracaduras and I nactiaeis, aric arty ott or st plllor ing evidance relating to this Agraarrienl, including the papers of any Consultant art i11si subciantracdors' employees wha perform any wcA or services pursuant to this Agraeimenl (all aft tte foregoing herainiafter refarrad to as "Racores"), shall be oplen to inspeiction arid subject to au dil ar.id/cr reprad ue1 ion during nanmeil warkinig hours b y th e 'Mown, to the eoctent riecessary to acegtataly permit (i; evaluation anic verifiaatiari of Piny inivoiaes, payments or claims basad ar,i Car.isultanl's and its suibconlraatars' aclual costs (inch c ing d:mect anc indirecl costs anc averteac allacations) incunied, ar units expended c iractly in the parformanica cfl work unc er t1is Agreement arid (ii) ovaluatian of the Coristltant's and iu sttcontractars' camplliarice witt thea Arizaria eimployar sanclionis laws nefbirer.icad in Section 6 dalaw. Ta tte extenl neicessary fbr the 'flown to audit Racores as sat farlh in ttis :action, Consullant anc its subciont>lactars hereby waive any rights to keep stah Records car.ificential. Aor ite purpose of eivalualirg or verifylir.ig such actual or claimed costs or Unils eacpendec, tha Town shall haves acceiss to said Records, even znzosz.1 2 ifl laaalec at :ilsi subcorrlaaacators' fhcai;lities, flcam thea cif oativu luta of this Aglreeimant for t1lei duration of the wark and uritil lhrcie ){ears afllcir thea tale of final payment by the Town 10 Ccarisu Itant pu rsu ant 10 this Agroarr: en1. Consullanit anc its su becintraotars sheila pray is ei thea'Ilown with ac aquaatei and appropriate workspacia sa that thea Tawna clan oonc u et audits in ciampliancae with lhci provisions aft this Secatian. The Town shall give Consultant ar .iV sub(iantraetors reasoriab;le adiainu a ratiaci of intenced aucits. Consultant shall require its subcantraclors to caorripl) wit} the provisiors aft tlis Section b) inseartion aft tlia reaquiramenls hereiofl in any sub contract pursuant to th is A gpaeeamant. E. E-varifk Rectuireimeants. To thea witeant applicable under AR121. R.dv. STAT. § 41- 4401, thea Corisultant and its subaonlraatars warrant compliariaea with all fbdural .immigrations laws and reagulaticnis that relatea to their arrplo)acas anc their compliamaea witl tHa 131-vemif) recluireameants undur ARia. R.Rv. 914 T. t 33-21411A). Ccar.isultanfi or its subeortraotars' fhi:luru to comply with such waaruar ty shal;l be duemec a material breach oft this Agrearr ant and ma) reasu It in tl a teanminalion of is Agreemeant by the ')flown. 7. Israel. Corisu haant ecirtificas thaat It is riot currently eangaagcc in, avid aglreeas for the duration cif this ABreearr ant ti at i1 will not angzage ir, a "bdycatt" caflIsirzael, as that term is cefm ad in ARM. RANI. STAT. 413211-30. 8. C ctriflhiat cafl Interest. This Agrecament may ba canceileid by the 'Ilown pur;icarit to AR Z. REN. STA'D. § 38-`111. SI. Applicable Ilaw. Veanuca. Th is Agreaemenal shall be govearrreac by thea laws cafl tf a State tail Ariaonai and a suit partairing to this Agreement may be brought only in courls in Mariaopaa C aunt), Aaaizana. U. Agreemearit Subjeacit to Approprialion. The Tawr is ctliElalead aril) to pzry its cabliglalioris set fort)• in this Agreeamant as may lawfully be mads fiiom funds apprapriated and b u dgateac for tl: at purposea c urirs8 tf a Zllcawn';i than eurrearat fiscal year. The 'Illawn's obligations uridear this Agreeament area currant expenscas subject to thea "`budgeat law" and thea unfeitiereid legislative discaretion of the 'blown coricicirr.iing bucoeted purfloses and appropriation ofl fures. 'Iliaulc the Town elecit riot to apflropriale anc buc filet furids to flay its Agreement obligations, th is Aglreeirr ant sl all be du amed terminated at thea erid oflthe then -cu rrant fisuial year term for which SL ah funds were approprialec and budgatud for such purpose avid the 'Town shall be lie] i(a-Vec oft any subsequant obligalicana under thisi Agreaemerit. The parties agpleci thait thea Tcwri ha: no abligat'ani or dut)l of goad Mitt to budglet or apprapriatea the payment oflthea Tawn's obligations sat forth in this Agreement in any budgeal iri an) flsaal year other than the fascial year :iri which this Agreement is executed and delhiaree. The 'blown shall be Je sole jucge and aulhorit)l in delerminiing thea availability ofl fbnds fkar its catligalioris under this Agreaemant. 'flhea Towr shall keep Camiultalnt infcurn ad as 10 the aevailaebilit)I oflfunds fbr this Agileeameant. The al: galican of tlea 'Town to makes any payment pursuanit to this Aggeamant is not a general otliglaticari or ins eblec r.iess of fl a 'Town. C onsultar.it h eraby wall -v es any and aall rights to bring) aeny alairr, against thea Tcwna from car relzatirig in any way to thea Town's tearrriinalicari ofl this Agreement pursuant to this sect ion. 2772432.1 11. Conflietir.i Terms. In the awrit daft aimy iriaonisisleraey, cionflicil or amibiauityl i among the lern of thi,i Agreement, the Scaapca of Work, thea IGPA Conlracat arid invaiciesi, the dommenu shall govern ir.i the orcer listed heuaein. Notwithstanding thea fare€Iain€l, and in eorifbrmityl wit). Secat:ian.I above, unauttarisiec excaeptiaris, aoncitions, limitations or provisions in aaniflicit with thea terms of this Agreeni or tt e IGPA Clonbacat (caolllecrtiv elly, the "Uniaiuthorizeac Conc itions";, olhcr ttan the Town's projeel-specific recluiremeants, are eaxpreassly cleclaireid void anc shall be of rio fbree and effbcl. Acaceaptancae by the Tcawni oflany work orcer or inavoicie containing any such Unauthorized Conicitions or failure to demand it 11 comp:lianicea with tte lermsi and conditions set forth in this Agreaamenl or unclear the IGPA Contract shalil not alter sucah terms and aonc itions or ralieve Consultant from, nor be consuuec car teemed a waiver afj its requ ireamearits and obligaticans in tha parformarice afllhis Agreerr ant. 12. Right) avid PrNillegas. Tlo the erlenit provided under the IGPA Clontracat, the Town sta 1 be affbarcec all of thea ri€ltts and privileges affbrcicd to thea governmend acrid shall ba "IGPA" (jas defamed in the IGPA Contract) fbr tte purposes oil lhea portions of tte 1GFA Cantlaaert that area inaorporatcad hereain by rafl:rence. 13. Indemnificiaiion, Insurance. In adc ition 10 acrid in no way limiting thea provisicanas set forth in Seciticar.i la above, tte Town shall be afforded all of thei insurarica coverage and inc air, nifications afftmced 10 IGPA to 1he extent provicick under t1la IGPA Conlraat, avid such insurancie caaverage arid incl arrniifileait:icans shall inure and aapplN with equal effbel to ttei Tcawni under this A€paecamemt ir.ic.ludina, but not lirniled to, the Cori,iuIll ant's cabligaliori 10 providei thea indemnification arid insurance. In any event, the Consultant ,iha'l irdemnifyj, cefcirid avid hold harnilcassi the Town and each couricil mamiber, offiacua, amplci lee or agent t1lareicaf (the Town and any such parson being herein caa:llec an "Incemniifed Party"), for, from aand against any and all lasseas, alaims, damages, liabililicas, ciosts and axpelnses (inaluding, but not :limited lo, reasonable atticarria}s' fees, court costs and thea casts oil afpellate praoaadirigs) 10 which an} such Incemnificac Party may became suibjaat, unclear any thaor) of liability whaatsoever ("Cllaims"), im9afar as sucat Claims (or aclioris in respact lhai relate 1o, arise out of, or are caustic by or based upon the riegligant accts, ir.itenit:ianal miscanduct, errors, miistakeas or orrii,isions, in connectiori with the warts or serviiaes of tha Conisultant, its offiaears, employeaes, agenits, car any 1 icer cif sub aontalacator im tt a perfhrm ante of this Agreaeni 14. Notices and Requests. Any notice or tither caommunicaation requ irec or flermittled 10 be €livein uinclela lhisi Agreement stall be in writing wind stall be cleeni to have been duly €livein if (:i) claliv arec to tha party at tha ac c cess sell fon h below, (iii) c apositck in the U.S. Mail, regii,ilarec or certifilcad„ rellurn receifIt reclucaslec, to t} a addreiss seat fbrth below or (iii) givers to a liecognized and reAlutait le overnight deliveryl service, to tha address sell fWIh below: If to thea 11own: Town oflpountalin Hills :1670`_1 Hast Avar.iue of lla Fauntainis f auntalini Hil Is, Arizona fI5268 Attn: Grady E. IV, iller, Town Manaagear 27720 92.1 4 With sop) to: GU,;IT Roa NFELDI P.L.C. Clr.ie East Wash inglon Streed, Suite i f ca Ahoeniix, Arizona ofa044351513 Attri: Ant iiew J. N aGuire If to Consiu:hanR: Cost Control Associales, llnac. 310 Bary Bloat Queaansburyl, Nlew Ylork 13804 Agin: Klail h Laiako or at suah other address, and to thea ataearitian of suah oilher Xlersor ar ofFicar, as any party may dusignate in writing bN notice duly given pursuant to this subsection. Noticias shall to doemead raceived (i) when calivered tc the party, (:ii) Ihrea business daNs after being placed iri the U.S. Mail, praperly sic dresseic , with sufficient paso a€lei or Ili i i) th a ftillc wing t u sineass c ay after beir gl giveiri to a reca8ribod overniglht delivery servIcia, with the persar,i gliving the nolicaa parying all requirec ch arge,a anc in.,itrucatirig the deilir cry sere ice to c alivcm on ti a fc ilc wing busir ess c ay. If a aop) of a ricatiae is alsc glivein to a party's caounseil or ather reaipienit, the pravisians aboN o gaverning do c ate on Ahicih a ricatica is deemed to havei teem receaived Ey apart) shall meari amid rafem to th e c ate ari whish thea party, and not i1 s aau nsell or oth or secaipienl to which a cop) of tr a riatiaea ma) be stint, is deiorr.ec to haves reiceived thei naticei. ISIGNATIIURE'l ON FOLLOWING F AGES] 2772052.1 51 D )WITNESS WE ERF OF, the Flavieis hareilo have exacut& this Agrearrient els ofItfe dada and yeiar first soil forth atovu. "Tower. " TOWN OF FOUNTAIN HIIJLS, an Arizona municipal corporation Grady E. Miller, 'clown Manager ATTEST: Hevelyn a. Hander, Tawr C le6 JJA C KNCIWLIEDGMHNT) STATE OF ARI2IONA ) ) ss. COUNT)1 OF MAR] C OPA ) On , 21CI:16, tefJrire me pelisanally appeared Grady E. Miller; the Town Manager ofItf a TOWN OF FOUNTA IN HILLS, an Arimna rnuniciipaI carporal iani, wha9a identity was praven to ira an the basis ofIsal isfaataly evidenaei to be the persari wha he alvims to be, anc aiekdawlkgec Thal he signec thea abare daaurriend, an bellalflaflthe Town aflFaunlain Hills. Natary Aublic (JAffix nalary scial heuie) 1511C NATURES CONTINUE CIN FOLIJOWIING PAGE] 2771052.1 6 "Car Sul Fant" COSTI C CNTROLI ASSOCIATES, INCL, 21 Nclw Yark ciorparaltion By: Name: kc � t1 o CA1L2 Title: BS=,S� je (91 (ACKNOWLEE GMEINT; STATE OF `'Y:��K s. COUNTY 011, On lu0 �l(I1b, bef re mel peer.,onally app,leared C' r—V-- lhcird-of COST CONTROL ASSOCIATEES, INCL, a New York ccuiporaticin, whase ideirltityl was prclvein tci mel cin thel basis of sathfacitclry evic encie tci lei thei person wha H e/shel claims to bel, and aaknawlec glec life al H dd a signed de albovel c ocu merit on t ehalf I of I thel clorparal ion. BC 11 P IE J ELLIS NOTApIV HUEIIICI-SITAT9 CIF NIIW VC RK ho. O 1 EL! I2171 1 Cwall 1119d In CouMy Mr Commhrlcln Expliuu Fabnuary 08, MIR, I[Affa, natary,l sclall helve) 2777 052.1 7 otaryPu I lic Meeting Date: 10/612016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia KukkolalFinancial Services Technician (480)-816-5136 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of a LIQUOR LICENSE APPLICATION submitted byAnn Maria Eposito, Agent of Morning Star Senior Management, LLC DBA Morning'Star Assisted Living & Memory Care, located at 16800 E Paul Nordin Pkwy Fountain Hills, AZ. This is for a series 12 (Restaurant). Applicant: Ann Maria Esposito - Agent Applicant Contact Information: 480-327-6797 Owner: Morningstar Senior Management, LLC Owner Contact Information: 480-327-6797 Property Location: 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 for a Series 12 (Restaurant) liquor license submitted by Ann Maria Eposito, Agent of Morning Star Senior Management, LLC DBA Morningstar Assisted Living & Memory Care 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): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Staff Recommendation(s): NIA List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for Council use): Move to approve LIQUOR LICENSE APPLICATION. Page i of 2 Prepared by: p� Sonia Kukkola. 31 Se es I echnician uiztizul6 Director's Approval: /C� // aigZ`i�uaoorh nce irkreecwrr)J•�f//w�,((/ 9127/2016 Ap o ed: Grady E. Miller, i 1 anger 9121/2616 Page 2 of2 m r_ P z SEC ION 1 This application is for a: SECTION 2 Type of Ownership: 2 ❑lntedm Pemgt(Complete Section 5; ❑1T.W.R.O.S.(Complete Section 6) ONGw License (Complete Sections 2, 3, 4, 13.14, 15, 16) 131ndvidual (Complete Section 6) ❑Person Transfer (Compieie Section 2, 3, 4, 12,13, 14, 16) ❑Partnership (Complete Section S) ❑Locution Transfer (Bars and Liquor Stores Orgy) ❑Corporofion (Complete Section 7) (Complete Section 2, 3, 4, 11, 13, 14. 16t OLimited liability Co (Complete Section 7) ❑Probote/ WIN Assignment/ Divorce Decree ❑Club (Complete Section 8) (Complete Sections 2 3.4, 9. 13, 14, 16) (fee not required) ❑ov Cemment (Complete Section 10) ❑GOvemment (Complete Sections 2, 3, 4, )0.13.16( ❑Trust (Complete Section 6) ❑ Seasonal ❑Tnoe fCamplete Section 6) :]Other (Explain) SECTION 3 Type of license 1 TYpe of License: Restaurant - Series 12 - ucENSE SeCTIDN 4 Applicants I. individual Owner/Agent's Nome: Esposgo Ann �y Maria 2. Owner Nome: Morningstar Senior Management, LLC � vi "^^ rorom k.: n am.nw.upcx.cwm..cMns) 3. Business Name: MomingS4r Assisted Living & Memory Care taacsr .a.r or.m.u> 4. Business Location Address:16800 E. Paul Nordin Parkway Fountain Hills AZ B626B Madcopa (oe mf u.e Po sox) se.x S. Moiling Address: 16800 E. Paul Nordin Pedamv c,... sws $0ef'' C.ft 6. Business Phone: 48G4& --t 65 3 17 - 4 797 Daytime Contact 7. Email Address: awPwfNO@rromingsterseniodiving.Nam 8. Is the Business IOcated within the incorporated limits of the above city or town?Oyes❑No 9. Does the Business location address have a street address far o City or Town but Is actually in the boundaries of another City. Town or Tribal Reservation? ❑ywONo If yes, what City, Town or Tdbal Reservation S this Business located in: WA 10. Total Price paid for Series 6 Bar. Series 7 Beer & Wine Bar or Series 9 Liquor Store ( Ncense only) $ NIA Fear: Ji7L.._Department Use Only Aral==Uoe— lT %%4 Ti Ua«se roma sss lnsp.arm aaaumms isArizona Statement Of CltRensMp & Alien Status for State Benefits complete? iyw TO1°taae saes �No Accepted by: - L Dote:. ucenra u /;t(J 13nt 4/12/2016 pager of Indvidlgk requitng ADA accgmngrWlbm please caN (602)542 9 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/20/16 • Streets Division Denied • Fire Department Building Safety • Building Division K • Community Services • Development Services Rachel Goodwin • Law Enforcement • Licensing Development Services FR: Sonia Kukkola, RE: Liquor License Application Financial Services Technician Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staffs recommendation for approval (with or without stipulations) or denial. If staffs recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Morning Star Management, LLC DBA Morning Star Assisted Living & Memory Care, 16800 N PAUL Nordin Parkway Fountain Hills A2 85268 Applicant: Ann Maria Esposito Date(s) of Event: N/A Date Application Received: 07/13/16 Town Council Agenda Date: 10/06/16 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field K Community Services Rachel Goodwin X Development Services Bob Rodgers X Fire Department Jason Payne X Law Enforcement Mark Fisher X Licensing Sonia Kukkola X Street Department Justin Weldy X Attach reportfor denial or any recommendation requiring stipulations. TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 10/6/2016 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 PERMANENT EXTENSION OF PREMISES/PATIO PERMIT APPLICATION submitted by Heidi Sue Hake, Owner/Agent of VU Terrace Cafe located at 14815 E. Shea Blvd, Fountain Hills AZ. Applicant: Heidi Sue Hake Applicant Contact Information: 480-368-0087 Owner: Heidi Sue Hake Owner Contact Information: 480-368-0087 Property Location: 14815 E. Shea Blvd, suite 101 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 an PERMANENT EXTENSION OF PREMISES/PATIO PERMIT APPLICATION submitted by Heidi Sue Hake, Owner of VU Terrace Cafe. 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): N/A List Attachment(s): Front page of the application and staffs' recommendation UGGESTEO MOTION ffor Council 1' Move to approve E /PATIO PERMIT APPLICATION, Page 1 of 2 Prepared ¢y: Sonia AUKKO , mnanuai bervices T ncaecF-f1127EUi Director'3 Approval (0 oval (Pi L Graig op 016 , in nceD,petro 92 App vert: umay E. Miller, i o pager 927/2016 Page 2 of 2 6 V O [I A riaaria C epar m erit of liquor Licenses and C ar1rol T I C USE C NLl 800 W Washiricllori Sth Floor CISR: Phoerib, A] 8EIC107-25134 www.azliquor.gov lac 01: 116102] 54:1.9141 APPLICATICIN FOR 9ATUNNON OF PROMIS99/RA11110 RERMI11 "OBTAIN APPF ON Al AF Ohl I OCAL GOVEF N IN G BOA RD BEFORE SUBMITTING TO THE DEPARTMEN 7 OF I IQUOR* "Noiiae: Allow :10-45 da} 3 I praaess Flermareni al- an9e oil Flrelmisel"' QF enmarleni change al area al service. A riclri-refundable $5(1. 'lee will c pply. Specilia pu npase for change: ADC ITIONA L ROOM ❑ Tempanary change for date(j) cd: _/_/_ 11-rcic clF _,I_,I_ list specilia puilplasE1 11or change: Licensee'9 Narr1E1: HAKE I ast 'A. Moiling addilass: PCI BOX ❑5021 Sheet 21. Business Name: �U TEIRRAC E CAFI9 HEIDI SC lz Amit Middle C HA NDIJ EF AZ 4. 9c siness A c dlless: '14EI,15 0 SHEA Bl -SD Ell E 10CI-101 9 tre et 5. Email A c chess: A Mli NA l ICINS@ AZII IC .0 CIM 6. BL sines] k carie NumL Eu1: (14ffl1 30EI-OCIE17 LIE IEin'I 04 : 10079E119 E1924 4 City State Zlpl Clode ROUNTAIN HILLS AZ 852188 C orliaal Fhone Nu mbar: 7. Is axiansion of pramisei/palio compleia? ❑NiIA ❑✓ Yes❑ Na A rlo, whai is you 11 asiimcllec comPIlEllion c a1 EI? 8. Da yoc, Lndeustand A1lizona Liquoil Laws and Aegulalions ? ❑Yes ❑ l` o .1. Does tF is EIxlElnsion lolling you 11 puemisas within 3CIa feel o'1 a cl-uuaF oil sal-aal? ❑Yes ❑✓ �o 10. F a` EI yoc 1leceivEld aplpllloved I iqc all [ aw Tnciirling? ❑✓ Yes F�No State 71p Code 11. What leacniiy pinecau I icins will be taker) la pilavenI liquoii �ialalion s in il-e EINIended thea? L NDER CONSTANT EMPLOYEE SUPEIRVIS] CN. 121. IMPORTANT: Alto& tr E1 nevisec 'Ilaan pilar], cleanly depicting yoc n licensed pilemille, ❑Icing will- the new axiended allea. I O,r. 8,12(115 Page 1 of 2 Incivic uala r6quirincl FI❑A aaaammacatians pleicl!Ei call (602)542-9021 ❑ Barrier Exemption: an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested. Barer exemptions are granted based on public safety, pedestrian traffic, and other factors unique to a licensed premise. List specific reasons for exemption: ❑ Approval ❑ Disapproval by: �AmitiiiiiitA %C I, (Print full Name) H E I D I AKE hereby declare that I am a CONTROLLING PERSON/ AGENT Conholling Perron/Agent filing thi notiric io . I have rea his document and the contents and all statements are true, correct and complete. ,c,,o�mplp�ltette. X (Signature State of County oFr Con Rin Person/Agent the forego ImM1umant was acknowledged belare ��ff IMs N- RNUNUAJftOaRIGUE2 tla` NotlN PUMIc-AdzonaOfAldo � r� Madcopa county Day Mont Year My commission expires My commiaslon Expires e xprs 1 SlgnaNeot OTAR PU U GOVERNING BOARD After completion, and before submitting to the Department of Liquor, please take this application to your local Board of Supervisors, City Council or Designate for heir recommendation. This recommendation is not binding on the Department of Liquor. This change In premises is recommended by the local Board of Supervisors, City Council or Designate: Investigation Recommendation: ❑ Approval ❑ Disapproval by: Director Signature required for Disapprovals: 10/282015 Page 2 of 2 Individuals requiring ADA accommodations please call (602)542-9027 Date: Date: TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/20/2016 1. Streets Division ❑ 2. Fire Department ❑ 3. Building Division Rachel Goodwin 4. Community Services ❑ S. Development Services 6. Law Enforcement Bob Rodgers 7. Licensing ❑ FR: Sonia Kukkola, RE: Extension of Premise Application Finance / Licensing Jason Payne Attached is a Permanent Extension of Premise 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 on to the Town Council for their consideration of this application. Name of Organization: VU Terrace Cafe 14815 E Shea Blvd #101 Applicant: Heidi Sue Hake Date(s) of Event: N/A Date Application Received: 08/15/16 Town Council Agenda Date: 10/06/16 STAFF REVIEW AND Building Safety Jason Field ® ❑ ❑ ❑ Community Services Rachel Goodwin ❑ ❑ ❑ Development Services Bob Rodgers ® ❑ - ❑ ❑ Fire Department Jason Payne ® ❑ ❑ ❑ Law Enforcement Mark Fisher ❑ ❑ ❑ Licensing Sonia Kukkola ® ❑ ❑ ❑ Street Department Justin Weldy ® ❑ ❑ ❑ Attach report for denial or any recommendation requiring stipulations. TOWN OF FOUNTAIN HILLS I TOWN COUNCIL V AGENDA ACTION FORM 1af 1p8 Meeting Date: 101612016 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 an APPLICATION FOR AGENT CHANGE, ACQUISITION OF CONTROL -RESTRUCTURE submitted by Gwendolyn Jean Wallace, Owner/Agent of Cowboy Spirits LLC DBA Saddle Bronc Grill, located at 11056 N Saguaro Blvd Fountain Hills, AZ. Applicant: Gwendolyn Jean Wallace Applicant Contact Information: 480-816-5900 Owner: Gwendolyn Jean Wallace Owner Contact Information: 480-816-5900 Property Location: 11056 N Saguaro Blvd 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 an APPLICATION FOR AGENT CHANGE, ACQUISITION OF CONTROL -RESTRUCTURE submitted by Gwendolyn Jean Wallace,Owner of Cowboy Spirits LLC DBA Saddle Bronc Grill. 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 Recommendations) by Board(s) or Commission(s): N/A Staff Recommendation(s): N/A List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for Council use): Move to approve the APPLICATION FOR AGENT CHANGE, ACQUISITION OF CONTROL - RESTRUCTURE. Page 1 of 2 Prepared by: h�, boni�k oa,inanca ervic emmoan Uirectar'r"proval: pp it raig u op y nance irector 927120 i6 A ppMVW�4. Grady E. Milleo Tow r 9127/2016 Page 2 of 2 State of Arizona Department of Liquor Licenses and Control 800 W. Washington 5"h Floor Phoenix, Ai 85007 (602)542-5141 Tate CSR: APPLICATION FOR AGENT CHANGE— ACQUISITION OF CONTROL —RESTRUCTURE 1 NOTE. 'I) The fee for an agent change MIDST be submitted with this application: $100.00 for the first application and $50.00 For each additional application, not to exceed $1,0=00.'A.R.S. 4-209.H) NOTE 2) the $100.00 fee For restructure/acquisition of control MUST be submitted with this application. (A.R.S. 4-209.A) SECTION 1 wk Check L--]Fkgent ChangeAcquisition of Control ®Restructure appropriate Complete Sections 1,2,3,4.597 Complete Sections 1,2, 3 & 7 Complete Sections 1,2,3,6'7 boxes SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE, ACQUISITION OF CONTROL OR RESTRUCTURE) 1. Name: Wallace Gwendolyn t to 12078553 (EXISTING AGENT OR NEW AGENT) Last First Mdd3e —f Liquor License It 2. Owner Name: Cowboy Spirits LLC eii 04 �� Corp File ti: L- 5 44 �� 9 .� (Exactly as It appears an t quo( License) ' (R applicable} � Saddle Bronc Grill _ 3. Business Name: G` Email; (ExocNy as It appears an Liquor Llcrnsr) 4. Business Location Address: 11fl56 N Saguaro BlFfluntain Hills Mariccapa 85268 (Do not use P-©. box Number) city COUNTY Zip 5. Is the Business located within the incorporated limits of the above City or Town? ✓6soNo d. foes the Business location address have a street address for a City or Town but is actually in the boundaries of another City. Town or Tribal Reservation? [DYesZNo If Yes, what City, Town or Tribal reservation is this Business located in: 7. Mailing Address: P.O. Sox 17317 — Fountain Hills AZ 85269 Ctty State Zip 8. Business Phone: 480/816-5900 Daytime Contact Phone N 9. Dues fhis transaction involve the sole of any portion f t e percentage of ownership or corporate stock? ✓�Yesao If yes, submit a certified copy of minutes. "-% I []. Has fhere been any change of Controlling Person ? es ✓�Io it yes, submit a copy of the minutes, amended articles of orgoniaotion and/or amended operating agreeme owing change YwYWwWY1l I i n� Ilinil000il0iil0in��l��wly�f SECTION 3COMPLETE THIS SECTION FOR AGENT CHANGE, ACQUISITION OF CONTROL OR RESTRUCTURE) Each new person I seed in section fit must submit a questionnaire (farm LIC0101) and a Department approved fingerprinf card which maybe obtained sat the Department of Liquor. A Controlling Person already disclosed to the Department is not required to submit a questionnaire. 1. List all Controlling Persons to be disclosed, current and new. New Last first 2. List stockholders, percentage awn New Lest Fasi ® Wallace Gwendolyn Waliace Gwendolyn Wallace Wallace Jaynes Tesch Tesch Bradley Tesch Tesch Barbara 2. List stockholders, percentage awn New Lest Fasi ® Wallace Gwendolyn [] Wallace ,fames Q Tesch Bradley �✓ Tesch Barbara If the ownership is owned by another entity, lila; QR MORE OWNERS FOR THE ENTITIE5. Attach additional sheets as necessary in order to disclose all persons. 11/18/2015 Page 1 of 3 Individuals requiring ADA accommodations please call (602)542,4027 TOWN OF FCILINTAIIN HILLS AIOMINISITRATION DHRARTMEN7 INT9R ORRIC9 M9MC1 M: (asi app liciab,le) DIA TB: 9/ 210/ 116 N/A 4 51treetsi Eli%isiiori Jasion Field 4 Riuer Department Commu nily Seirvicies Rauh ell C crcrc win 4 Bu ilc ing Divi<.iion X Derverlopment Slerviicies Bob Rodgerrsi 4 (lommunity Slerviiiersi Rine Deirlaul meirit 4 Dieu a lopmerrit Serrviicesi � 4 Law Enforcement MarN Risher 4 Liverrising Licierising Sainia Kuhhola RR: Sor iia H L N kola, R9: Liclu or License Applical ion Justin Weldy Financial !lerviiceis Tech nician Acqu isil ion of ccrril rcrl - Agent change Attached is ari A F1Fllication fcni Ageiril Charge-Acqu isil ion of CoritnoI - for staff reiview. Rev iElMl th ei application, then sifIri, iric icatirig slall's reicommendation llon apprioval (with crr without sl iputations) on deriial. If slafl's ueccrmrrrerric aticrri is to deny aric/or there area stiPlu talions for aFlgnoval, Klleia9e altach a memo that specifie9 th EI neascrning aric 1I' ei merrro will k ei fcniwanded ori Icr thei Town CIO u ricil fall theiir carisideral ion of th is applicial ion. Name of Organiaaticiri: Clcrwbcry Spirits LLC DBA Saddle Uronci Grill 1111056 N Saguaro Blvd, Fou rilairi Hills AZ 8526F1 Applicant: C weiri WallaclEl Clatei s] of Eu errit: N/ A Elate AFIFIIical ion Received: 8/ 115/ 116 Towri Cou riciil Afluric a pate: 110/ E)11E 51TARF REUI9W AND R9COMMEINELATION: Darla utrrreiril/Division SlaffMemkeu Approvers 0eriicc N/A Bu ilding Safety Jasion Field Commu nily Seirvicies Rauh ell C crcrc win X Derverlopment Slerviicies Bob Rodgerrsi Rine Deirlaul meirit Jason Pay ria � Law BrifolICElment MarN Risher Licierising Sainia Kuhhola X Sltreel Deplartmeirit Justin Weldy X A fiflachl re portfor denial alr airy re commer dation requirir, g stipuladom, � A )41, TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM f� -�­is NT Meeting Date: 10/612016 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 4801-816-5135 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATIONS for the Veterans of Foreign Wars Post #7507 (Carl Krawczyk), to be held at Saguaro Boulevard and Avenue of the Fountains and on N. Verde River Drive, for the promotion of a fund raiser in conjunction with the Fountain Hills Festival of Arts and Crafts, frorn 9:00 AM to 10:00 PM, Friday, November 11 and Saturday, November 12, and from 10:00 AM to 10:00 PM on Sunday, November 13, 2016, Applicant: Carl Krawczyk Applicant Contact Information: ' -.. , "= N. Monterey Blvd, #1, Fountain Hills, AZ Property Location: 12800 N. Verde River Dr, Fountain Hills Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license applications submitted by Carl Krawczyk representing the Veterans of Foregn Wars Post 7507 for submission to the Arizona Department of Liquor. The special event liquor license applications were reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor Licenses as presented. Pagel of 2 Prepared by: RaWael GDodvAn, Recreabon Supervisor 9/26/2016 Director's Approval: Approved- Grady ar Meyer. mmu!n --- es Approved-Grady Miller, TowMan er 9/27/2016 Page 2 of2 TOWN CIR FOUNTAIN HIIIII51 AIDMIN151TRATICIN DIEPAIR7MFNT INTFR OFFICE MEMO 7CI: (asi cippliaabJe) CIATF: 9/919/16 N/A 4 Streets DlKision Jasciri Flield 4 Fire Department CommunilySEIRiaes RaahaelGoodwini x 4 9u ilc ing Elivisiion Development Slerwiaes gob Rodgers 4 Clarr munity Slervicieis Rine DElparl ment 4 Dlevelopmerit Scimiaesi • Law Bnforciement Marik Risher • Licensing Licensing Sonia K u kllcilzi RR: Rac h ael Goodwiri, RF: Liqu cir License Applical ion Justin Welcy Reaueation 9upervisou Attached is a Liquor Liaerise Application llou stafil review. ReviErw the appliaal ion,1 h eri sign, indiaal inEl staffls neccimmenc al ion for aplpinoval Qwil h or Wil h cIu 1 stiFlulaticiris; crr denial. Ill staff's recommendation is to c any and)C111 tli ere are stipulations for apprioval, please attach a memo 11 -at specifies the reasoning anc the mElmo will bEI forwarc EIC on to 1 h EI Town Cou riail for their aonsic enatiori cif th is application. Mame al Clrganization: Veterians cif Floneigri Wars, Rost #7501 Applicant: Card Krawazyk Datej!i] all Fvent: NcI\, 9191-113, .ICIJ1EI at Slagu arcs Blvd, in aonju riation with the Rall Art Festival 12 Iciaations) Date Alppliciation Re(ieivec: 09/91-3/15 Tawn CICIU riail Ageric a Date: 110)11/.ICIIIEI STAFF REVIFW AINEI RECOMMFNDIATION: DEIrlartmElrit) Division '_Il aff Memh EIII A p1ppioved Deniec N/A Buil( ing Sallety Jasciri Flield X CommunilySEIRiaes RaahaelGoodwini x Development Slerwiaes gob Rodgers Rine DElparl ment DavEI Ott Lanni Frifonaement Marik Risher Licensing Sonia K u kllcilzi X 9iiaet DeKlantmenit Justin Welcy A tlila ch rept c rt f c r denial or any re c10 comer do then requiring sltlip bMati o ns. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FOR DLLC USE ONLY Eveni Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or If the event will be on any portion of a location that Is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: k�ga ew05 e7 SECTION 2 Non-Profit/IRS Tax Exempt Number: _:5'0/ [ 1!9 71 -2: SECTION 3 The organization is a: (check one box only) ❑Charitable[MFraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship)❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes P ]No Name of Business License Number Phone (Include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location OF NOT USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT LS ONLY USING A PORTION OF PREMISE, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISE.) SECTION 6 What is the purpose of this event? [Ron -site consumption ❑Off-site (auction) ❑Both SECTION 7 Location of the Event: AAQ Address of Location: 1ge VE1t) i,`i`, IL`ak—Pc %C;1f9er- bf- Er: U?9�j d/LL Skeet cMy COUNTY state zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes ®No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: C Middle b of eldh 2. Applicant's mailing address�W- YYVX27ZF_EX P%rt4 1 I g)iT 1 Fe>aor41A% H;ds .4z- v Sheet "Ctiy 3. Applicant's home/cell phone: • Applicant's business phone: • 4. Applicant's email address: 3/1/2016 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SIECI ION 10 1. Has ft a applicart beer aorvicted of a lelory, or had a liquor license ievokec will-ir the last five (,I) yaars'l ❑Yes [91`0 (Byes,."aah cw4Ic naHan.l 2. How mar y special elv ent licenses 11 a` a been issued to this location t1- is yearsl (THe In urribeir aanniol exceed 12 eiveriti per y ear, mcierolonis unic em A.R.S. §4-,103.[I:IQD;.) 3. Is 11-e anganizatiorl using 11-e sarvicim oil a promoteli on (31 her person I manage 11-e avert'i❑Yes ONo Qlf yes, atlaaH a capy of it a aclreiennenit.) A. Lisi all peaC le c r d onClarlizc i)or s who will lieaeive th a plioceac s. A caac r1t lari 100% of ft a proceec s. Tl- el onganizatior c pply'r g muss neceive 23% of -I1- a gross re\ ar ues a1 the special ev ar t liquor sales. Aiiach ar additior al page ill rlaaessary. Name V57"L--2a4X9.5 6F 1.1 AX.5 os t Y —522� Percentage:1�f2 jl� A ddress q &,2& A j- j9U0 / Dail i -f I Fegc1 M W -i%!-' A.,— 7 tree} (IN S101e 4P Name Address stieel EN Reser 1 age: 5. Rlease read A.H.S. § A-20111.02 flpecial even -1 liner se; rules arlc R19-1-205 Reauiremerlls for a 11pecial Event License. Note: All. A LCIOHOI IC BBV ERA GB SALES MUST BB ROR CIONSUMIFIIION A T IHE BV EINT NI1B ONLY. "NO ALC OH CII IC BEV BRAGIESI SIH ALL 1 EA V E SF BC IA I BV ENT UNLESIS IHBII ARB IN AUCTION !IEA LED C ONTAINERSI CIA TH E SF EC IA L EV ENI IIC ENSB IN SUCKID W17H WINE /CRAFT DISTILLEFY FISTIVAL LICINNE" 6. W 11 al type Of security c r1c con'l iol measures will you taWe io prevent v iolai)ors of liquor laws at th is event?l (List type cmc number d police/security per oninel avid lope all fenicinig or cionitro barters, H aPlptlaable.) ® Number a1 Rolice Number ai SeCL riity Rersor r el X Fenairg 09arrers bplanaiion: � �AQr�s�r'4. u9lr✓L °�ivl/� i�ic%z s�,L'L� ����i�HAAcN /,e Cth S ESI GLL& �� F�aS�'1 �►1G'� f � �/7 SIEICTION 11 Dales and Hogs afl 9veni. pays muss Lel consecutive but may not exceed 10 conseCL iK e c c ys. 3/1/2(]16 Rage :I al 4 Ir divic uc Is Tec uhirg ADA c acammadc ficins call (6[1.1),1,e.F9C'27. Sed A.I.S. § A -9144(15) and ill 7] for legal hot, rs of service. PLEASE FILL 019 A SIEPA RATE APFIUC ATION FOR EACH "NIC N-CONSEC UTNE" CAY Dale Day of Weel1 Event Sltart Licenise End T1 m e A MI/PMI Time AMI/A M DAY l: e2`a'9 DAY 2: i /�/a, a-'9/ X--�7'4101 ��7.' e!% i? Pim DAY 3: / off S G i4 I�'m� ��l i � � 6W DAY A: DAY 5: DAY e: DAY a: DAY 8: DAY SI: DAY 10: 3/1/2(]16 Rage :I al 4 Ir divic uc Is Tec uhirg ADA c acammadc ficins call (6[1.1),1,e.F9C'27. SICI11C N 12 Liaeir 9a pramisa9 diagram. The liner sed prermises hari your special event is the area it m l ich you are c LI orized lo sell, dijpeni9a an serve alcoholic beverages Lndem thea pnoviiian9 of )ciLn licergel. The hallowing spcae is to be Lsac io piepara a dicgrc m all your special e\art licarsed promises. Fleme ilr am dirrieriians, serving areas, lencing, barricades, ori ciihen aortnol mean res and Jeac nity plcnition. N 1 3/1 /2CI1 el Pago 3 Of 4 InICKidLal9 ragdrinig ADA accarrimacaticri call (607)542-90177. Fountain Hills, AZ.- Goole Maps https:iAr�vw..,wic.comlmaps%placdFountain+Hills,+AZ:gli.60i009i;111.7190594372... G, Q:rMaps FOnAWAIIxA1 I of 1 1114,201611:07 AM iVvrch Diagram ®f Muni Beeir Garden Sex Up SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named In Section 1. L orw Nil Name) C L w K declare that I am an Officer, Director Or Chairperson of the organization filing this application as listed in taction 9. 1 have read the application and the contents and all statements are true, correct and complete. /I SignWWe / / Use, P.O. - The foregoing instrument was acknowledged before me this � 3- T/`ll\ /�� � pay State La "`�. County of/ti/r/'�r,�Ro— tt( v My ConlmssOn Expires 0a: �s -mol �N� b I I secnon a To ce compierea only by me The foreng Instrument was acknowledged before me this State �/_ UL" County of rJ�L x My Commission Expires on: tale s W Marleopa County I Coal Expires My 21, 201' e of Nobly Poblm declare that I am the APPLICANT filing this application dents and all statements are true, contact and complete. /P Daft Plwre Number 4 Notary wflNT!'gnzana y.. Maricapa Counly / MY COFT�T'i'dTfres May 21, 2018 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: hllir,,11�nzlhuorao</o al,,/documents/homepage docs/spec event linksodf. SECTION 15 Local Governing Body Approval Se chon. I. recommend DAPPROVAL ❑ DISAPPROVAL (aevemmemanclal (mro) On behalf of tory. Town, county) slgnaMe We Phone SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL ODISAPPROVAL BY: DATE:�� A.R.S. 141-1030. Invalidity of rules not made accordina to this chapter: prohibited poll action: prohibited acts by state employees: enforcement notice B. An agency shall not base a licensing dedsion in whole or in pod on a licensing requirement a condition that is not specifically auMohzed by statute, rulc a state Tribal goring compact. A general grant of authority in statute does not constitute a basis fa imposing a licensing requirement a condition unless a role is made pursuant to Mat general grant of aurootlN that specifically authorizes the requirement or condition. D. THIS SECTION MAYBE ENFORCED INA PRIVATE CML ACTION AND RELIEF MAYBE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES DAMAGES AND ALL FEB ASSOCIATED WITH THE LICENSE APPUCATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO ME AGENCY'S ADOPTED PERSONNEL POUCY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call (6027542-9027. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only vNLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or If the event will be on any portion of a location that Is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: SECTION 2 Non-Profit/IRS Tax Exempt Number. -6-0 1 CG) !`P .x12 `%Y- 1ti /Y.5 -Y-7 SECTION 3 The organization is a: (check one box only) ❑CharitableRFraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes NNo Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ®Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location OF NOT USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISE.) SECTION 6 What is the purpose of this event? ®On-site consumption ❑Off-site (auction) ❑Both 1441 ju SECTION 7 Location of the Event:19 Address of Location: 5CGL19i Rl vct EitslT�in ,115 A)i4E;, �- -9:0W street city COUWY state ZP SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes ®No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: i< le- A W C :7 y i"L- J. Last First Middle eof Birth 2. Applicant's mailing address Al. 1409 -Mg- -5r.y _a1Q 1' 47- Sheet City State Zip 3. Applicant's home/cell phone Applicant's business phone: mnis• • 4. Applicant's email address: 3/l/2016 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 10 1. Hes the app liac r 1 teen corn iaied o1 c 'lelarly, an hac a ligL or license reg oked witF it the Ic 91 fire (.I) years? ❑Yes NNo Iff yeas, alic ch explant an.) 2. How mar y spe ck I eN ar t licenses have bear i3sued i o i his location thi3 y ec n'sl (Tllei nurrihem aannal wceec 12 events Fler year; exaeptlanm undem A.R.31. §4-21031.(1211 V.] 3. Is tF a ongar izaiion using tF a services of a p nomaier or oiler perlarl io manacle tf a e\ ar t<I❑Yej ®No li yel9, allaah a aaply al thea agpeiemenit.; 4. Lisi c II P elople and organizatiam who will raaei-v a the praaeeds. ACICOL rli fon 100% 01 the praaeieldj. The orgc r ization appiyir g must receive 2:1% of tF a gra3s never L a9 011 he spacial e\ arli liqL on sales. Atlacl- or additional page i'I r ecla9sary. Name I'/c'r4'2 A Ahs 12,e V4&k 6196T Percentage: 1 E e A c dress Nc me Adc ness �fl/fl/ �7�AY C�/4 . i Lf�r► fit iF�� c�►;.¢i� ala /!s �� ��a��53� treat CRY S1 ae 1P Ferceniac e: Sheet C111 State Z p 5. Flama head A.R.S. q e-.103.02 Special e\oert license; ruie19 and 8151-1-205 Reguirelment9 lora Special E\arlt License. Note: ALL ALCOHOLIC BEVERAIGIE SALES MUST BB FOR CIONSUMf1TION All 1HE EVBNT SIZE ONLY. "NO ALCCIFOLIC BEVERAGES SIF ALL LEAVE SPECIAL EVENT UNLESS 1HEY ANE IN ALCTCIN SEALED CONTAINERS OF THE SRECIA4 BV EN1 LICENSE ISI MAC k ED WITH WINE /CRAFT UISTILLERh FBS11YAL LIC ENSIE" 6. What type ail security and control measures will you takel to prel*vent \ iolaiiors of liquor laws at tF is e'venta l Ust ty pei and number of pollaejlsecurltyl Plersanne and type of fenaing or cicnntio h arders, tl aplprciable.) (V NL mber o11 F oliae ;L Nc mber oI Securityj FIansor r ell BFencir g ❑9c rr ers EAplanatlarl: r¢rc,,,- a ZX� G�' x/4,57 t✓� / r y� r; 44 7`•�—,.c9 SECTION 11, Doi es; and h OL rs oI B eni. B y musi be con38aLtipe t Lt may not exceed 1 U oarsect iii 8 day s. 3/1 /201 el Pagei 2 of 4 IncividLahraqLidrgADA aacarrimadation: aall(6(I2)�k2-51027. Sed AI.R.51. § 4-:4{4(15) and (17; for ldgal hours of jervk ei. FILEA SE AIWI OU11 A 119PA RATEI APPLICATION AOR EAChl "NON-CONSEC UTIVIE" DAY Date Day of WeeW Everd Sltart Licer 3a End Time AMI/PMI Time AMI/PAN DAY 2: DAY 3: �J�, �Lti%l� �e�!1 DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DA) 10: 3/1 /201 el Pagei 2 of 4 IncividLahraqLidrgADA aacarrimadation: aall(6(I2)�k2-51027. 9EICTICIN 12 l icer se pnemises diagram. The licensed pi erni9 ei9 for yoL l 9P eiaial evens i9 ih a ansa in which yoL ares auih arized to IEIII, ci9Flernse or Newel alaoholia beveuacles cndar the gnovi9ians of your liaeirise. TI'El iollowinig space is is to csed to prepaue a c iaguam of yoL l special event licensed pi erni9 erg. Please show dimersions, 9enjir c aram, ler air c , t arr ac c e9, or otIron coninol mera9Lres and security positior. e 1-1�b) NT 3/114201 d Pagel 3 Of 4 Imc h ids a19 raqdng ADA acicarrimac aligns c all (6C II )542-9CI, 7. Fountain Hills, AZ • Goole Maps http alrvww;oole.com!mapsylace Foun ain+Hills,+AZ ®;;.6020;;; 1117160812,;74... Go gc Maps FOVmHM%AZ `Loca�iw of a;n Seer Gnrdm I of 1 1!14,201611:01 AM D' rou "A"L 1", 1/8 In I '!:o of 6 - BG L c rich= 200 Fror 1 of Cloor T rh to Frc rill oil UHAUL 'hibin N' cit .mSer Ong Table %T= Work Table CT=Cwicinert "flablt, WSr.-Mash Staflon CS) seclurh y Power Drop Y ti []It((, Lc I!e2'h-�Aiia L;ines p D U VVY WT Boca 9- D' rou "A"L 1", 1/8 In I '!:o of 6 - BG L c rich= 200 Fror 1 of Cloor T rh to Frc rill oil UHAUL 'hibin N' cit .mSer Ong Table %T= Work Table CT=Cwicinert "flablt, WSr.-Mash Staflon CS) seclurh y Power Drop Y ti []It((, Lc I!e2'h-�Aiia L;ines to ae complerea only by an LMtceh Director or Chairperson of the organization named in Section 1. L (NIM roll Name) _Z L4 A L j' K C�,9 IVC Z)/ 4.t declare that I am an Officer, Director a Chairperson of the organization filing this application as listed in Section 9. 1 have read the application and the contents and all statements are true, correct and complete. The foregoing instrument was acknowledged before me this !"MYCI�.I..E'.P,10. H t >r on- -A -r" ounty Y•aState -A-r" tdw _ County of �° ay 21, 2018MY Commission Expires on� V U It's, signiors of Notary Puhac ims secnon Is no ne complerea only oy me appllcam nomea In section V. declare that I am the APPLICANT firing this application and all statements are true, correct and complete. BAR ARA LC The foregoing Instrument was ocknowledged before me this 13 �` s --AF State L0� (J lAn,.,° MaE"J"Coun County of - -'�`V - My Ceram. Expires May My Cammisslan EXplfeH an: l 1i Gale SRndae d Nalmy Public Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted For more Information, please contact your local jurisdiction: htto.11liguor.govLossetsldts/hclocs/spec; event fi k dl. SECTION 15 Local Governing Body Approval Section. I, recommend OAPPROVAL ❑ DISAPPROVAL (GovmmeMaedon PERI On behalf of , (ally. morn. CoueAy) Slgnallve Dale Name SECTION 16 For Department of Liquor Licenses and Control use only. E ❑DISAPPROVAL BY DATE: _/� LLJ A.R.S. 5 41 10.10. B. An agency shall not base a licensing decision in whoR or in part on a licensing requirement or condition that is not specifically authorized by statute, rule a state Tribal gaming compact. A generai grant of authority in statute does not constitute a basis for impo4ng a licensing requirement or condition unless a rale is made pursuant to that general grant of authority that specifically authodzes the requirement or condition. 0. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPUCATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ARROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. AIN -, TOWN OF FOUNTAIN HILLS o TOWN COUNCIL Meeting Date: 10/6/2016 Agenda Type: Consent AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Past 58 (Harold Denorrurie) for the promotion a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain )"Tills, AZ on Friday, November 11, through Sunday, November 13, 2016 from 10:00 AM to 10:00 PM daily. Applicant: Harold Denomme Applicant Contact Information: ' - • . E. Pageland Circle, Fountain Hills, AZ Property Location: 16837 E. PArkview Ave, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Harold Denomme representing the American Legion Post 58, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, fist here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION (tor council use): Move to approve the Special Event Liquor Licenses as presented. Page I of 2 Prepared by: Radhael GoodMn, Recmfion Supervisor 92fi 2016 Director's Approval: Pty§emces iu1—aAc sy irecto 92612�� Ap roved: Grady Miller, T a er 927/2016 Page 2 of2 TOWN OF FOUNTAIN HILUS ADMINISTRATION DBHAIRTMENT INTER OBHICB MEMO TO: j (mi app licatl Ac) DATE: 1 9) 36) JIEI • Streets Division Denied j Hire Depalrtment Builc in€1'_IafElty • Building Ili%isiciri j • Comm L riity 9emicies • Develcipment Services F aahaEll Goodwin Uaw BriiloraElm Brit • Uicensirig DEi%elaFlmElrlt flEIrviCEIS BR: F aaH aEII Gcicic win, RS: Liquor Li(IEIr19El A pplication I F ElarElaticiri 9L pervi9cir Dme Cit At1aCH EIC is a Liquon License AFlFllicatiari far staff review. F eview the application, t1l Elri sign, indicating staff's rElaommendation 11or apprmal Qwitil or witil out stiFlu lai icrnisl or denial. If staffl9 recommendation is to c Elriy arid) crr there zim stiFlu lai ionis fon approval, please attaah a rrrElma 111 at spoaifies 1 H EI reasoning and the rTlErmo will bEl forwarded on 1 a tH EI Town COL ricil far thElir aonsiC Enlatiari of tH is aFlFllicatiari. Name all Organiaaliion: American Legion Hast 58 Applimirit: Harold DElniomme Wileds) cif Event: Ncry 1111-13, aC111E1- 116837 Hank%iElw AVEr, Fountain Hills, pa Elate Alpplicaticri Recei%ed: 9l.-131.10116 Towyn Cat riail Ageric al Date: 110) EI/aC111E1 STAR RBVISW AINEI RECOMMENDATION: Department)Divisicrri Staff MElmkerl ApproVElc Denied N)A Builc in€1'_IafElty Jason FiEllc (lcrmmu niit) Slervi(IEI9 F aahaEll Goodwin DEi%elaFlmElrlt flEIrviCEIS Hot Rod€1EIrs FirEl Department Dme Cit Law BnfarcemElrit MarN FishElr � Li(18min€1 Slonia Kukkola S1 root Depart ment .1u stin Woldy l� AtltaichrepertIcr denialarainyreca►rlmerdaitlicr requiriingii6pulaitkiis. FOR DI LC USE Event Daie(i): Evens time starslend. CSR: L celnse: A service fee of $25.(10 will be clic allged fon all dist or ioned checks (A.R.,91. § 44 -68512; IMPORIANI INFORMA110N- lhi;l document musl be fullycomipletec or it will be reiumed. The Departmed of UqL or Licenses and Conhol musl recielve thhl appRClafioni tdn (10) business dc" prllon to the event. N tte special eivent w ill be held all a locat on wilt out a permanent Hqu or kferule or it the event will t e on any Fiord on of a locatlori that is not cov eied t y ifl a ex sting liqu or Ik ense, the appricat on mL St t a approves by the local govellnmenl belfoi e i u bmission to the Department of I iquol I iaenises and C cinlhlol (see Section 15]. SECTION I N ane of Ordanizaiion: A melricaln Ueglic n PC st 581 119010N 2 Non-nroflt/IF S 1a:i Exempt N L mben r,16 2 311"917144 SIECiION 3, Tl -a ongariization it a: 11check one box onlyj ❑✓ ICharitable(]Fiaternal Ilmiusi have regular merrberst ip and h ave baeri iri existence for over five (d) yeaisj ❑Religious ❑Civic 1Roiary, College SlatolarstipJ:IPoliiical Flarty, Ballot Neasure or Clamipaign Committee SUCTION 4 Will ihir e\ Brit be f eld on a CIL rrenily licensed premise cind w'ihin tf a aliecidy approved pierrliises?E]Yes MN Arrlelrica n Ueglie n Pc s1 1.181 NC me a Businex 140713C26 126 4 8C1 -X812171-•591581 license Number Phone (Mdude Amcl Code) SISMION S. How is this special event cloing is concuct all dispeinsing, sen+irig, cind gelling of spirituous liquors)? Fllease read la- 9-- 1 EI for explanation 11look in s pecial evens planning guide; and check) one of 1 h e following bo) es. GIPlace license in nor) -use []Dispense ar d serve all spin tL OL! lip L ors under nes ailen's license 0✓ Clispense and sen a all spirts OL s sic L ors under spaciial ev ent E9plit premise between 3peciail event chid retail location (IFI NOiI USIING REiIA L LIICEINSE, SUBMIT A LETTER OR AG REEMBMI FIRCIM THE A GEM/CIWNOR Oil MS LIUM ED PR9MISIE 10 SUSiFIEND TIME LaICEINSIE CIURING 1 ]IHEI EVIENT. JF TH9 SIPi1CIA L EVENT ISI CINLY USING A PORTIOn OR PREMISIE, A GEM/CIWN9FI {MW N� TCI SIUSIP9fvID THA71 PORTIC N C IF THB PREMISE] SIEC:TION 6, W hat is -11- a purplose al tt is ev ent%I GlOn-site consumip tion 0dff-site lac ci ion, ❑Boal SI CTION 7 Locaticin of the Evens: Amelriccln Legion Post 58 Address till Lociaiion: 1681371 E. Parkview Ave. Rountain Hills, Mairiciopa County, AZ 8r1268 7tmet C11r aouNn Itate SIEC111ON 1 Will iFis be stacked w)ih a w'riel ilestivcll/craft distiller iestivcl? El` es [DNo 10110N 11 Applicani miusi be a mierriben of tt El qualifying organization arc authorized by an Officer, Clirecior or Ucurperson of rte Oiganiaationi namled in Seciion 1. (.4 c ihoriang signatulie is requilec in Sections 3.) I. Appliciani: Delnemmel, Halrolc LC sl FM AM& le Oaie of E Irth I pplicarit's mailing addness:�E• Ragelard Cir., FOL rtain hills, AZ 85268 S„Eiet C" SlIae ZIAI Applicant's horrie)lcell phone Applicani's bL siness pt or ie: (480) EM -50E 4. Applicarit's err ail address: 3/1/2016 Pacle 1 011,1 Inc ividucls requiring ADA ac cornmadaliclrr call (602)542.9a.17. SBC11ON 10 I. Has the appiicani beer) aomicied of a felony, cin had a liquor license revoked wiRin the Iasi Fve 1J) years? ❑Yes QNo Ill y as, attach e) piano* n.) 2. How rriariy special evens licenses have belen issued io )his location ih is yean? (Thea numbeu cianrl ai exceied I:I everts pier) eara exceipf<ors undeir A.R.S. §4-.1(13.CL'IID:.) 3. Is tf• a organization using the service9s 011 a pnomoien on ocher person to manage tf• a eveni?I[]Ye9 QNo Illf yell, cNach a aapy of I hei agreemeni.) 4. Lhi all people and orgariiaatiorii wl•o will racieiNoe the pnoceeids. Account ilon 1OCT% of the lrlroceeds. The organizatiori applying mL st recei\ e 2J% of the gnoss reg ens es oil 1 he special e� erii lieµ oli sales. Atilacf an additional page if necessary. Name Ame rican UE gion Post 5181 Perceriiage: 1 0GO l Addrais 1681371 E. ParkuielwAuel., Rountalir Hills, A2 EIKE8 Meet� Stdte Cpl Namie Percentage: A ddness stleet CRY swe Zip 11. Blease nead A.R.S. § 4-�03.0� Special evens license, nules and R1 5I-1-203 Reauinemenis 11or a SIDElgial Event Lieerisel. Note: ALL AILC OHOLIC 9IVIRAGE SALES MUST 9I RC R C ONSUMP110N Alli THI 9V9N1$11119 ONLY. "NO A LC C 1- C LIC BIVERAGIES SHALL LIAVE 9REC IA II IVMNT UNLISSI THIP AIRE 1N AUCTION 9EALECI CONTAIN IRSI OR THI SPICIAL EVINT I IC INSIE IS STAICKICI WI1H WINI /CRAFT UISTILI BRY RESITIVAL LIC ENSI" E. W rai t) pe of security and control measures will you talle to pneveni �iolaiioris of liquor laws at this evens? I111st hype an c n u m bev cif Ploliae/secu rdyl pent a rl n el anc type all fen ain91 all contra 1 barters, I apnlicah le.l NL mben of Police 12 per day Number of �IeClL rii Y Flersonrlel �✓ Fencing 09clrriers 5planatiori: Property is building) with wallsd in paliol. Buildinc has 21 doolrs and patio has 21 gatels. All exits will halve our volunteer members on three hour shifts at each exit. Tcltall of 1,1 Pelr cagy 4 Plein sIh ift for three sIh iftsl fan 3 c alys. Notal volu nteleln sIh iftsl 36 SICTION 11 Daies arid Hours oI Event. Days must be consecc five but may see A.R.S. § 4-244415, ar d (17] fau legal Hours of s errice. not e)ceed 10 consecutive days. ALEA SIE FlUl OUI A SSPARA TE APRUCA TION FC FI E AChl "NON -CC NSEICI VE" DAY Clate Dayl a] Week Everlt Start License Eric Tim a ANI/FINI Tfrr a AM/RMI DAY 1: ' ' -11-2016 Friday 10:00 am 101:00 pm DAY 2: -" l -2016 S alt)) rlc aly 10:00 alrr 10:00 prr DAY 3: 'I 1-' %ZI-20' E S u nday 10:00 elms 10:00 pm UAY 4: DA) CSA Y E DAY A: DAY 8: DAY 9: DAY 10: 3, i i x ]1 6 RC190 .21 014 InclKidLah reiqL firing AD/1 clacarr rroc atiorm call (6(12),942-90217. SIAE]CIAL EVENT uaEINSIEID RREMI LIES DIAGRAM (Thils diagnaim must ale completed vim th iihis applicailicin; Spacial Everil Diagrem: QSt aw dimensions, sensing areas, and fat eid ty pe of eriC110SI , ne aric secs riiy posifians; NOME: St ow nearest craw smeet; , h is t way, or road if laaatiori doesn't t Cm a an Eic c riesa. N'. i t i Fla rkvf eiw Avenu e l 1 Flarlung�. XZi XL CG -'l4% I.AI 7HIS Fins Lane —' FD6 G zq An eirican Lugiian_ g ► i i3angt at Room Hatio Clan Waist Open Space! i American Legion '~ i Lounge Eanc Pil i Fir Laney t_77 I I Parking I I � I -Y )/./G L GAG 6 -"h IF 71 :TION 13 To be completed only by an OBkec Director or Chairperson of the organization named in Section 1. I,(M..,Na,11e)Harold J. Denomme the organization HW U IFBs declare that I am an Officer, Director or Chairperson of appllcahon as fisted in Section 9. I have read the applicatin and the contents and all statements are true- rated CO p7e nice Officer 9-22-2016 480-837-5958 SlgnaNre Tele/Po9Bon Dole PMrre Nwriber The foregoing instrument was acknovw dged before me this ,6Q,( State Tl, 0-r CouMyof ojj',catok DW / KEITH MCC MYCommission Expires on: S IZzOI-i / / �i� J N.,Dote .Hon is to be completed only by the applicant named in Section 9 Harold J. Denomme on 9. I ha ad the application and the contents and tall statementsam ta a flue. he coonMect and complier, this 'on mance Officer 9-22-2016 480-837-5958 —""°""' Dole PhoneNun,on — The foregoing instrument was acknowledged before me this Statekr.-County of ow None, Y. KEITH MCCULLO on: MY Commission Expires P Weary PuaucaAst-wda ore igmlae all MyconintExpiMMMY2 ease contact the local governing board for addlional oppticafion �requirements ad s� ab ion deadlines. Additional 'ening feat may also the required before approval may be granted For more Information, please contact your local dsdieNore htto'l/www I'o or.aov/assets/tlnnimanic rh��,o..�..o r .... Governing Body Approval Section. (Govemmerdpl&Tcq re commend DAPPROVAL ❑ DISAPPROVAL (mlel On behalf of feevTown, Couoly) S(gnplere Dole Phots SECTION 16 For Department of Liquor Licenses old conbnl InA nnh. [713APPROVAE OD6APPROVAL BY: DATE:_/_/_ B. An agency stroll not bole a licensing decision in whole or in port on a fclinsing requirement or condition that is not specifically outhoraed by dobte, rule orstate hibai gaming compact A general grant of authority in sfofute does not consMute a Y AWARD basisr imposing a licensing (a requirement m condition unless a rule ismatle pursuant to that general grant of authority that specifically avMoi'vas Meboq mentw condition. fo D. THIS SECTION MAYBE ENFORCED INA PRIVATE CIWL ACTION AND RELIEF MAY SE AWARDED AGAINSTTHE STAA REASONABLE ATTORNEY FEES DAMAGES AND ALL FEES ASSOCIATED WITH THLE, THE COURT MAY E LICENSE APPLICATION TO A PARTY THAT PREVAILS IN ACTION AGAINST THE STATE FOR A VIOLAPON OF IRIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE NIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO 114E AGENCPS ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02 3/l/2016 Page 4 of 4 Individuals requiring ADA accommodations call (6021542-9027. Al<1.1 TOWN OF FOUNTAIN HILLS � TOWN COUNCIL ; ofi AGENDA ACTION FORM Meeting Date: 10/6/2016 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 Strategic Planning {Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Arizona Society of Homebrewers (Krystal Bittner) for the promotion a fund raiser to be held on the Avenue of the Fountains, in conjunction with the Craft Classic Half Marathon and 5K Run, on Sunday, October 16, 2016 from 7:OOAM - 1:00PM. Applicant: Krystal Bittner Applicant Contact Information: 480-375-5919, 2.606 W. Carter Dr, Tempe AZ Property Location: Avenue of the Fountains, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and iR19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Krystal Bittner representing the Arizona Society of Craftbrewers, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA, Budget Deference (page number): NIA 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): NIA Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor Licenses as presented. Page 1 of 2 Prepared by: Ra.hael Goodmn, Recreation Supervisor Director's Appplroval: 1� fi�� ayes o�ity Saru,ces rector lLd7� Approvgtl: G2ay—Miller, Totn... 9/272016 Page 2 oft TOWN OF RIC UNTA11N HILUS ACIMINISTRAMON LIHRARTMENT IN78R C RFIK19 MHMC TC: 11010APP icabW DATE: 9/ 2EI) 116 h/P • SIl reets Elivi<.iion Jason Rielc • Hire Department Com mL riity Slerviaes Raah ael C cicic win x • Buildirig Di%isaiciri DEivelopmEiril SarviaEis Bot Rcic 8eris • ComimiL riity Seimiaesi RirEi Department • ClevelciFlmient Services • Uaw Hrifcirciemieirii Mark Risher y 1 /' • Uiaensiing LiaEirisin€I Sonia KL k kola OR: Rachael C ciac win, R8: Liquor Liciense A FIFlliaatiari Justin WEildy RErarealioni SL pEinisor A11ach EIC is a LigL aii LiaEirISE1 A r1plicatiani for staff re%iffik. REiview th a aFlFlliaation, them sifiri, iric iaating sl aff's rEiaorri meric atian far arlprm al i with ori without s1 iKIL Iationisl or c enial. If staff Is rieaammEiric atian is 1 ci deny anic /or there are stirIL lations faii appi-cii al, please attach a memci thal speailies th El 11easonin8 and 1 h a memci will t a faimiaiic ed cin to the Town COIL mail for th eiii aorisic oral ion of this applical iani. Name of Or lanizaticiri: Arizcinia 5laaiety of Hcimebriewers Alppliaant: Krylstal Biltrier Dlatells ] of E%eirit: Oat 116, 20116 on AVElrll El of thEi ROIL nil aims, in aonjL rection with the Ciiaft Classic Half Marath cin Dlate AFlpliciaitioni Reicieived: 09/22/116 Town Council Agenda Dlalei: 110/6/20116 SITARF REVIOW AND RMICMMBNDATICN: DEipaulmEinit/Di%isioni 51tafilMEimber AFIFIrci%ed Deniiec h/P RL ildin8 SlafEily Jason Rielc X Com mL riity Slerviaes Raah ael C cicic win x DEivelopmEiril SarviaEis Bot Rcic 8eris RirEi Department Daae Ctt Law EnfciraemEirit Mark Risher y 1 /' LiaEirisin€I Sonia KL k kola Street Deparlment Justin WEildy A tltalclhl report for de r ial e r aln y necc trim endallior re qulirin gl siripula flie r s. Ariaonc De pc rime rd of Lich or Licen!lesl c nd Cordrol EICICI W %aslhinglton 5th Rloou Rho1e nix, AZ 85007-2934 www.c AliglL or.gcly (602)942-5141 AIRPLICAMON FOR ;IRECIAL EVENT LIC ENSIE Fee= $I25.Cl(1 rich day ion 1-10 dcgs Qcorisecuiiv a) Cases Ctleieks on Moncy Crc ers Only FC RI DLLC USE ONLII evelni Datellls]: Omani limeistad,land: C11 R: I is iensei: A service fele) of 2251X(1 will tel changed fon till dishonoilelc eheiciks A.R.S. § d4-!1852) IMFICIRIANI IN FORMA1ION: This docu mens mlusl bell. IN ciomlpleled on ill will be reluurled. the Depar nriarl o1 I icluon Licenses avid Corhiol must neceime this aplpliccdiori seri ill (I) t usiriess days prion io the e%ent. lithe special eiveinli will bel held all a Iodation wiihoui a penmaneirl liquon licerise on if dila am aril will be ori any ploricini of a locaticini that is ncit c avareid by the erisiing liquor license, chis application must to aplFlrcivec by the lacal ciclveulririeint belfarei submission to'he Departn inr oil liquon Iicienscis avid Caritrcil llsee Secdiciri 15). SIECIICIN1 NarnEiofOrganization: N942.0NA, Sm1,E:5�j of- NoMF-GaeW61 9ECMON 2 Ncin-Rrcifit/IRS Tari E�emgt F c mben: 8 6" 05 S I a% 1 SECTION 3 Tl' El organization is a: (check one boil cirily) KCr ci ilat le❑FRatEinrlal (mu st hav a negu Ian marnbensr ipl arlc r ave t Elan in eNislEirlce fclll ON OR five (f) years) ❑Reli jCIL.s ❑C ivic (Rcitary, CollEigEi Scl• cdaRsl-ip)❑Rolitical Harty, Ballot Measu Re or C cirripaign C cirri miiteEi SECTION 41 Will tris event be I-eld on a ClL.rrerlll� IiaEinsed prEimise arlc ,, iir ire the alueacy appncived pinemisEis?❑Yes Xji a Name of Bus Inesi Iia ease Nunibe Rhone (Include Area Code) SECTION 3 1-ciw is tr is special everli gaing to conduct all displEirlsirlg, serniing, and selling of spiritu CIL.s liquors? PlEicise Read R -151- 31d for Eixplarlcition (look in Special ev Eirlt planning guide) and clheck ane cif tl-e lollciwing boAE15. ❑Alace IiClEime in nor! -use ❑Dispianse and seniEi all splinituou s IigL.orS L. nder Retailer's IiClEirlse ❑Displanse and serniEi all ipliniWou3 IigL.ors L.ndersplaaial Eiverli ❑Split prEimisEi t Eiiweeri sgEiaial everit and netail location TIF NC USING IL91AIL LICENSIEL SUEIMIT A LETTEIA OFA GREEIMEIMI FFICM TH9 AGENTiICWNEIR CF TH13 IICEWSED FIREMISE TO SUSEIENEI THE LICEIME DURING THEI EWWT. IF THEI SPEIC IAL EVIEINT IS CUILY MING A PCIRTICN OR PREIMISEI, AG EM61CWNEIR WILL N138D TO SIUSIPSND THAT PC RTIC Al C F THEI PAEMISEL] SIEC11W 6 Wr at is 11-e pIL rpose cd fl -is everli? OOrl-site const rnpiion LIC 111 -site (ac afiari) UBoil- SIEC11W 7 Locatio of the Everlt: AVfl a v.P :%t �noj k 41K n A :Etas of Location: n�'Orrt h tt1 I1! 05-- ! r �- Sfree tFYe3 �j ,O� _ Stale Zip SIEICTICIN 8 Will II -is be siaaked with a wine fEis%ival/cnafi c istiller iestiv al? RNo SECINCIN 91 Aqqlicani must be a member of tr Ei qualifying orcicinization arlc au ihoi ized t y an Otf]aEin, Dinecior cin Cr ainpelisorl of tf Ei Cinganizcitiorl reamed in Secticirl 1. (AL.tf ci izirig signalL rEi is nequ ined in Section l:l.) 1. Aplplliaarlt: T 2 Y-"sTAi- bit4t` Redact Last 111rit Middle Date of L firth 'I. Applicant's mailing cic dress: • k 1n) C pi&tciltbt, 1 E VIA itreat City State lip 9. Applicant's homeilaell ql• cine: ' • - Agpliaarlt's busirlE133 ql' cine: ( ) 2. Applicant's Eirnail addness: 3/1/2016 Pagel 1 of 4 Inc ivicucdR neiquilinq) ADA aacammacicifians null (6Cl2)542-9027. SIECIIC N 10 1. Has tr EI applicant been conN iclied oil a fEllany, an had a liquor IiCIElrine neN oked v� iihirl ire Iasi five (EI) yElaus? ❑Y Eln ®r CI (If yes, atfoa h explanation.) �1. How many special Elveni IiClElrlses rave bElElrl issued io ihiS locaiiarl iris year? IThe nurr bear cannot oxcieeid 1: eveinis Fleui yeian; excieir1licins undeir AI.R.S. §A -503.0:(13).] 3. Is 11-a anganizatiorl u sing the services of a ppomClier oilaiheu peuson to manage ili e eN erli? Yes ❑F a 111i aflacih a ccipy cif the cigueeirreint.] 4. Lisi all PIEIaPIIEI and onganizaiions v,1 a v, ill rElClEiive thEl puoClaecJ. ACCol.nI for 100% of the prciCIEIElcS. Tl' EI anganizaliarl applying muss necei\ EI'19% of the gloss uevenL EIS of the special Eluent liquou 301103. Atiaal- annafdditional pciclEI ill rleaessary. NanlEi �2�Zo�VA So��C—may 6T ( 1a.�(� C3�v Ealy RenaerilagEI: Ac dress Co-rTSDPI(,C RD SCS T-1s6A1-E A2. 85 a1S:F I treet (INt tate lip I arae Reu3aerltage: 0� Ac duess IrJ �' ��' i��r tl ULNA`I VA - 17 Street athl r state Zip I. PIEIaSEI ueac A. 9.S. § 4-,10121.02 SIDElaial eN Elrli license; nu lei and R1 SI -1-,105 ReguiremElrlis fan a Special EN erli I iCIElrlse. Naie: A LL A LC OHOI IC BEVERAGE SIALESI MUST BE FOR C C NSUM R11ON A111HE EVEN1 SIZE ONLY. "I` CI AICOh OLIC E EVIRAGESI SIF ALL IEAVE SIPIECIAL EVENT UNLESIS THAI ARE IN AUCTION SIIAIED CC NTAINERSI OR Th E SPECIAL EVENT I IC ENSIE ISI STACKED WITF WINE /C RA F1 DISTILL IRY FESITIVA L LICENSE" e. Wrai type tillSecuidi and control mElasl.nes will yap take to prElvent \ ialcltions of liquou lav, s at chis eN erli? ll is] typlei ane nurr I: cin cif plcdiaeii seicwnify peinonneil tint type a1 fending an canincil I: anuiens, if aripliciatl le.] �y 1' u mbeu oll Rolice Is a mber of Secuuify Persprinel MFElrlcing ❑Rauriern Explaricliion: i C ii' -i' L G �• tIV , 4Yj; I `t cl -�- la.4ff�,r+ (.(1,nC G%(/riathl it f p Ful r d)r v� i C hi i riYl td 1 0ru, V l'Ci.,U. I>' i SIECTION 11 Daies and Hours of EN Brit. Days ml.si be consecutive bui mai rlat exceed 1 CI acirisecu iK EI c ays. leeiA.R.S. §4-244Q1S) tint (I7 fauleigalhours oflsendoe. PLEIASIE FALL OUII A SEIPA RA78 APAI IC AVON FCR EIA C M "NOA -C ONSIEC UTIVE" CIAY Dclte Day oil Weieik Ever 1 Start Licer n ei Er c Time AN /RM Time AM/PM DAY 1: 1 L 1(P V 1 l.l.N 1 DAY �1: DAY 3: DAY 4: DAY 9: DAY 6: DAY 7: DAY EI: DAY SI: DAY 10: 3,11J016 Pcic e 2 of 4 Incivic ucils uecluininc FII]AI ocaarrimoc cations dill (6(12)547-9027. acs ap— ury uy UFI ann.m...ncum ci .... ou aou — u.c.,.y.. u—n,.......—... a...... i. ,(PoMFull Nome) 'K itislAL ullm 1-T-iNER declare that l am an Officer, Director or Chairperson of the organization fling this application as listed in Section 9. 1 have read the application and the contents and all statements are true, correct and complete. X , 5 C�rti�r bLr�Gihs I signalwe' 11le/Posaioa D e Ph.. Number The foregoing instrument was acknowledged before me this 9-7 6Zr 201 l., Day State f t County of YL(l �l, ® RENS E, NAEIMI Notary PON;. State NTY Missim EA COUNTY My Commission Expires on: ID-Ioote Commission Tree Oct i< Dale slgnatu uun Iq mis section Is To De complenea omy oy me appllc am namca m pvpumr 1. 1, (Print Full Name) V. 0.YS IAu. LYNN 13 sTNE2 declare that l am the as listed in Section 9. 1 have read the application and The contents and all statements are Signature / C/ Tti1e/Position V Date Phone Number The foregoing instrument was acknowledged before me this -f 0/t Day Yew State fI Countyof 1� _.,,*� RENEE. NAE q -f NDFary Pdasc. State of/ My Commission Expires on: Io-ao"aa / MARICOPA COUN' Date sign Please contact the local governing board For additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: hit 7/ zl'a o ao /a t /d c encs/homeDOa gocs/spec event Inks odf. SECTION 15 Local Goveming Body Approval Becton. I, recommend ❑APPROVAL O DISAPPROVAL (Go vemreem0fi 6 (rale) On behalf of (atiy, town, County) 5'gnalure Dale Phone SECTION 16 For Department of Liquor Licenses and Control use only. OAPPROVAL ODISAPPROVAL BY: DATE:__J__J A.R.B. § 41-1030. B. An agency shall not base a licensing decision in whole or in pan an a licensing requirement or condition mat is not specifically authorized by statute, Me w state tribal gaming compact. A general grant of authority in statute does not constitute a basis far imposing a licensing requirement or condition unless a rule is made pursuant to that general gent of authority That specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEB. DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT IMENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call 16021542-9027. SECTION 12 LICIEImse pinemises c iagnam. P8 IICIEIrisac puemiseu 'Icm yac n splelaial e\ Eirli is the anea in wf i& you one ac If cmiMd to JEIII, dijpElnse an fEfr\ a ala& cilia k Erverages L nc On tf EI pinoviiiams of youn license. Tre fallcm img space is is L EI c sed to gnepallEl a diagram c11 you n 9gElaial eveni IICIEIrisac prElmisej. Rlease slow dimensioru, serving aneas, Ilemcing, banniaades, an atr On clamtnol nlElaSL nes and secunii} position. 3,I1d2016 Page 3 cif 4 Indivic uals nequinincl ?I❑PI aceorrimoc ations call 16(12)5,17-9CI21. 3ETERNAII REVENUE SHRVIICE P. O. BOX 219(18 CUNCININAIT3 , OH 45 X111 Dates: I l.I i. 2 o' THE ARIZONA SOCIETY OH HOMHEIREWEF S PO BOX :1414401 TEMPE, AZ 89289 Dear Applicant: DEF ARTMEN T OF THH TREASURY Employer Identiflaation Number. 86-a9951271 DILN : 11'1 05311(191:10 a CI 119 Oontact Person: CIUSTCMEIR SERVIICE ID# 31151951 Ccmtact Telephone Number: JE117) 829-59CICI Alaaountiing Period Ending: Decemter 31 Put l is CharitM c1tatus : 11(lilb] 131 IA; Qvi) Form 990 Requlired: I as Ef f eatime Date afl Emempt ion: May 15, 21(110 Cor.tributian Deduatibility: )les Addendum Applies: 7Mes We are pleased to inflarm you thalt upon remiew of Maur application for taxa emempt status we bane determined that you are exenrlt frost Federal incomiei taxi under section 9CI11i1c) (3] of the Internal Rlemenue Code. Contributions to you are deductible under section 17CI of the Code. Mou are also c[:lalified to reaeivie taxa deductible bequlests, demises, transflers on giftsi under eiection 2055, 2211(16 or 25221 ofl the Clode. Because this letter could help resolve anM c1gestiior s regarding your exempt sitatus, you should ]deep it in your permanent records. Organizations emampt under section 9(11(a] II_I) ofl the Clode ane further classiiflied as eithem public charities or primate foundations. We detemmined that Moll are a public clharit)4 under the Code seat ion (s ] listed in the heading of this ]let ter. For important information about your responsibilities as a taxa-emenFlt omganization, go to www.irs.gov/charities. Enter 114223 -PC" in the search bar to view Putlication 9221 -PC, Compliance Cluiide for 50311a1 I'l) Public Clharitiies, whiah describes your recordkeepingl, reporting, and disclosure requlireiments. Sincerely, 7, * - Z - � 0/0 ?0.w*o � Director, Emempt Organizations Letter 947 -a - THE AFIII2IONAI SOCIIETY OF HOMEBREWIEIRS FAIMMIDINJO Based or the information submitted with your app]icatian, we approved Maur zequlest fbr reinstatement under Revenue Procedure .10114-1111. Your effectime date ofl exemptian, as shawn in the heading of this letter, is retroaatiwe to the date of revocation. Letter 947 Avenue of the Fountains Businesses • L A M I#1 u 0 ExhitidarBooths (IV x10N T A A U h I Exhihitor Booths 1T IB') 0 A Grass Median V$logo E SA Exhibitor Owns WxW) S T A fl N T ExMhrtorBoPSi1vxIV) Birt Lot N S Page age E 21 O.Q Ms�e A N � o cccss (�E PO mit) w16CCUCal Saguaro Blvd JvCc. Ap.2 M �—► Q8 I V E (� A OArn�" of A I Band E Fountain Park (stage) N Trash Reade Pori.-oulet Meeting Date: October 6, 2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Development Services Director, 480-816-5138, rrodgers(a-),fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the FINAL REPLAT of Adero Canyon, Parcel 8 — Amended, in order to adjust numerous lot lines due to topographic conditions. Case # S 2016-15 Applicant: Laurie Castillo, Survey Innovation Group, Inc. 7301 E Evans Rd. Scottsdale, AZ 85260 480-922-0780 Owner: Adero Canyon LLC 13620 N. Saguaro Blvd Fountain Hills, AZ 85268 480-837-9660 Property Location: 13300 N. Eagle Ridge Drive, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: Fountain Hills Subdivision Ordinance , Section 2.07 Re Ip ats Staff Summary (background): The applicants are requesting lot line adjustments to a number of lots in Adero Canyon, Parcel 8 in order to accommodate topographic issues encountered when siting the building pads in the field. Parcel 8 is within the Adero Canyon PAD and was previously approved for 44 Townhouse duplex buildings which will be constructed by Camelot Homes. The amended property lines will not create any additional lots or non -conformities. All lots will continue to meet the minimum frontage and area zoning requirements. The Open Space tracts will remain the responsibility of the HOA„ contain the community mailboxes, and will be non -buildable. The roadways will remain private roads. Risk Analysis (options or alternatives with implications): Approval of the re -plat will allow the applicant to reconfigure lots in order to accommodate the topographic challenges encountered in the field. Disapproval will require the applicant to keep the existing lot configurations. Page] of 2 Adero Canyon Parcel 8—Rep19 TC 10/6/2016 Fiscal Impact (initial and ongoing costs; budget status): None anticipated Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff believes that allowing some of the lots to be reconfigured will not be detrimental to the neighborhood. The proposed re -plat conforms to the Town's Zoning Ordinance and Subdivision Ordinance requirements. Staff recommends approval of the replat as presented. SUGGESTED MOTION: Move to approve the FINAL REPLAT of Adero Canyon, Parcel 8 — Amended, in order to adjust lot lines due to topographic conditions. Case # S 2016-15 Attachment(s): Application Replat Plan (4 pgs) Submitted by: 2o6ert ffo&ers ZW 9/26/2016 Development Services Director Date Approved: 9/28/2016 Grady Miller, T t) w Manager Date Page 2 of 2 'T AIN DO Not write in this space —official use only Filing Date1� itP Y Accepted By_; 0 �t Fee Acceptedy 5bo,o0-cAv,*w14-2 `r _ Case Manager Wk 61S ° 9jyrbar is A<`�O� The Town of Fountain Hills 09-07-16P05:11 RCVD PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) -I1 Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary/ Final Plat ✓ Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, if applicable) # Variance Other PR03ECT NAME / NATURE OF PROJECT: ADERO CANYON PARCEL 8 AMENDED LEGAL DESCRIPTION: Plat NaLne ADERO CANYON PARCEL a AMENDED Block PROPERTY ADDRESS: 13F'00 AJ4J Zl/fi P_i � /L PARCEL SIZE (Acrea)15.294 -A--' ASSESSORr' PARCEL NUM NUMBER OF UNITS PROPOSED m L°ab 5Tracie TRACTSaa Lma a5Trae EXISTING ZONING PROPOSED ZONING Lot 7A licant Mrs. Laurie CesN10/Survey lnnmatlon Group, Inc. Day Phone (480)822-0780 Mr. ✓ Ms. Address: 7301E Evans Rd City: Swttadale State: AZ zip: 85250 Email: laudeda,]sigsurveyaz.com Owner Mrs. Francisco Lopez/ Adem Canyon, LLC Day Phone (480)837-9660 ✓ Mr. Ms. Address: 13620 N Saguaro Brod, #200 City: Fountain Hills State: AZ Zip: 85268 Ifapp/iratlan is being submittedbysameone othethe neroftbepiopeKyunder roomideabon, the section be/ow mustbe completed. SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please not S,yu.6�scribed an sZorn bef Ie me this 38 day of tM�t(i'>tiS_f 20 Ib L'/ My Commission Expires7s..t�.w--4. 20I� Notary Public -�-" u MUNISJ1- JuileLCcrsI�L APPLICATION# S2nl4,�l� PIs2o-9dau/ 114�2i74. uvcan+�mrm.-mr.. FINAL PLAT for ADERO CANYON - PARCEL 8 AMENDED r)FnICATInd: Nxbx AIL YEN BY MESE PPCSCx,S: A➢DM CANYd1'liA AA OCLAwARE TIE LIABUTY CWi`AHY,, AS I—H, HAS TIImMDm ulmM THE •HW"� _ _ _ MRla, W WEHRNEN•, r ITS ENnxEiY. 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E SYMAL OWMM E,, ACkfdn}yI FDr-FMFyT CQINtt OF YAMCLPA • T05. ^•• DAY 6 BCTOTE YE 111E -BISIOC OEFIRA YIamIIHL" -YOM£DGEO YC/511F 'SOIMD -F -OYHC WSMVYENT ttlt iME PURPOSES COITNNED MFApH. - MMF55 w1EMtf I HMNYTO SST YY HAND YID TIMBAL SEAL EOCOR RATIFICATION THAT ME UH VGHCD. w Y —r.. ADtYuc Aw _G ells PG'. MMus, MAMCOr. ME UNUMSMm Il'VE SIBAM TNEI2 III— 6 M_ [PBA "'_IFA Aa20Hk n. W AgxM- —.A- B" ACKNOWLEDGEMENT: SLATE O AApOIA ss [OMtt CT YARCOPA Ew rws. TTr (tAr or xD_ eEFaIE YE ME uxDERsdro DmcBA PEawN- IPPEAI¢D D Tu- ME/91£ E— L£ `-� r_ _ =uRPOg^_ Ibl1'AIImO a -H. r r Y: __ I — m g• ..- Y...➢ WO QTOAL SEAL FOUNTAIN HILLS, ARIZONA .aGRTIONS OF SECTIONS 8 AND 17, TOWNSHIP 3 NORTH, Pl-lE - QST OF THE CILA AND SALT RIVER BASE AND L JZ ar_AT, ARICOMA COUNTY, ARIZONA NOTES E TOMS Ym CO ,- SF, rmM w TER TM. AGR NT 7. AMVHBW AHO GESTAhD^MAY 1, 2d A, B£TNFE� ,NE TOMH 6 Y ups, AY Ar --Y --_E _ .... -nmma we. 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Z � U 0 o of W n Q 9G1�6 xf: 2p1+-128 >IAl 8 AIffNp. le: 1�e50 SHEET A f1C 4 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 10/6/2016 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Mark Mayer— mmayer@fh.az.gov - Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of the first amendment to contract #C2016-128 with Geuther Electric to increase the amount to $59,999. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Procurement Policy Staff Summary (background): The Town currently has a contract with Geuther Electric to provide electrical services for the Town. We have reached the original limit of the original contract at $29,999 and have the need to increase this amount for work by various departments. The first amendment will accomplish this. Risk Analysis (options or alternatives with implications): NIA 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 Recommendations) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff is recommending approval of Amendment to contract #C2016-128 List Attachment(s): First Amendment to the contract #C2016-128 SUGGESTED MOTION (forcouncil use): Motion to approve amendment to the contract #C2016-128 Page 1 of 2 Prepared by: Director's Approval: `e�ollu 10 Ad Grady E. Milier, -ro radyEMiIler,-romy Ma pager \Yyl/,�,•`"9/28/2016 Page 2 oft FIRSTI AMENDNMNT TO CONTRACT NO. C2a 16-128 BETWEEN THE TOWN OF FOUNTAIN HILUS AND GEUTHE R ELLE CTRI CAL, IJLC 'IMS FIRST AMENDMENT TIC CC NTRA.0 T NC. C2016-128 (this "'First Amendment") is made a,i of Octobear 6, 2016, between. thea Tlowni of Fountain Hills, an Ariscna munickpal ccirporaiti ou (the '''Town"}, and Geuther Electricaal LLC an Arizona limited 'liablility caampa ny (the ''Contractor"). RBC ITALSI A. The Tcwn issued Request fbin Quotation C2016-128 (the "QSIP") sieek:inlg bids from ccintrlactors to pclrfcrm elecatrical services (the "Slefirvicaas")., The Contracatcir responaded to the QSIP and the Town and C ontrlacatcr entered into Contractt Noi. C2016-128, dated July 115, 20-11, four the pncvisioin of thea Sleavices (the "Cenbhcf')„ a true amid correct caopy of whilchl is on fille with the 1 own Clenkl. All of the capitalizead terms riot etberv; se defined in this First Amendment heave the same meaning;a w defined in the Ccntractl B. Thlci Town blwi determined that it i,,i necesi.iauy far the Contracicr to perform add,tienail electrical services (the "Additilonal Slervicaeis"). C. The Tkiwn and the Conitilactora desire to eniterl into i this Firsatl Amenidmerat to (i) extend tele Herm cif the Agileement and (ii) provide fon the increase in cacirnpensatilon to the Contractor f6r th e A ddi tic nal Slervices. AC REE M ENT NOW, THEREFORB, ina ceinsideraticn cif the foregoing initrciducticin and re:citals,'which are incorporated Herein blyl referencae, the follcwingl mutual coivenantl and conal itiomi, and cite er good and valuable cionsid eratr'on, the receipt ar,id suff ciencyl of wb ich are herebly acknlcwledged the Town and the Contractor hereabyl agrees toi ameir.id the Contract as folllcw,,i: 1. Term. The teirm efthe Contract is hlerehly extended thrdugh Julyl 15, 2017. 2. Cemapenasation. The Town shalll increase the caompewiation to Contalactor UM not move thar.i 1130,000.00, fbir the Additional Slervice;a at the rates set fbrth in thea Coniracat, resulting in an increase cfflthe aggrlegate not-tci-eixcieed compensaticn from $29,999.010 tci $59,999.0. 3. Effect of Am enidmeintl Ina all others nespecrts, the C c intraclt l isi affirmed and raitified and emcept as exalneas,,ily meidified Herein) all term, arid cenditieins of the Contrlacit shall remain in full fc rcae and effacat. 27779714.1 4. Non-Defhult; By eixacuting th's First Amendment, the Contmetcr affirmatively asseirts that (i) the Town is not currently) in default;) none bad bean in default at an time prion to this F irst Am enidm er t, un dear any of the terms or ac nd'tic ns e f the Contract and (ii) any and aill claims, kdcwn avid unknown, relating to the Contract and exiaing on en tleifome the date of this F inil Am endmar tare forever waived. J. Israel. Contractor certif7les that it isi not currently) englaged in, and agreed fbri the durablon cflthis Agileement that it will not eniglage in;l a "'tloylcotf' of 1iraeil, as that term is deflnad in Aziz. REu. STA T. § 35-392I. 6. Clonfliat of Inteireist. This Flirsl Amendment and the Contract may He aancellad F ursuant to AM. Ri v, SHAT. § 38-511. [SIG NATURE S ON FC LLOWIN G PAG ES I] IN Wl TNES S WHERBOF, the ylarti e.1 blereto Name cucecui ed thi,l instrument a, of the date and ylciar sat forth abome. "Town" TOWN ON BOUNTAIN HILLS, an Arizona municipal cclrporaitlon Gradyi E. Millen, Town Manager ATTEST: Hcivalyn J. Blended, Town Cledl (A CKNIC WIIEDGMENT) STATE OF ARIZONA ) COUNTY OFI MARICOPA ) On , 2016, Before me pursonallyi appeared Gradyi E. Miller, the Town Managed of the TOWN OFR FOUNTAIN HILLS, an Arizona tr,unicirlal ciorporaltiony wbo•1e identity) w&s pdevcin lo mie on the Basis of satlsfactoryl evidence to tie the gersicn who be claims to be, and acknowledged that be .ligncld the atcve documenit, on beblaU of the Town of Mountain Hill;). Ncltaryl Public (Affix notary seal blede) [SIGNATURES CONTINUE ON F OLLOWINGI PAGE] :177791214.1 71 "'C a ntr sel la e' GEUTHER ELECTRICAL, LLC an Arizoria limited liability aompany Bal: ll�)(16�2 Namier T:ille:"- (ACKNO WLEDG MEN T) STATE CIE ARIZC NA ) } sIS. COUNTY OFI MARIC CIF A Cu. ',�`�,��' ,,— , 2016, blefore mie Flersorially apreared —1 i j l a- the-of�GEUTHER ELECTRICAL, LLC an Arizonas limited hlablility corn f any, whose iideri ty vv as provien 1 o me on tb a basis cif sati-sfactory evidcnac to be the Flersomi who hle/sihe alaims tci be, and acknlcwledgpd that ble/sihei sign d the allove doc umeint CEI bleblalf of thea h=lted hadility l compan}l. Sana Salo Notary Pubk MaftpaCmftAwma (Aff x notdry seail here) 2a7179;V .'. Meeting Date: 10/6/2016 Agenda Type: Consent TOWN OF FOUNTAIN DILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; rharrel@fh.az.gov ; 480-816-5112 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of Amendment #2 to Contract 02012-129 with Sunrise Engineering to revise, update, and complete the Federal Aid design and contract documents for the Fountain Hiiis Boulevard Shoulder Paving Project, in the amount of $19,$90.913. Applicant: Sunrise Engineering Applicant Contact Information: David Dirren, Principal -Project Manager Sunrise Engineering 2132 S. Vineyard, Suite 123 Mesa, AZ 85210 Owner: Town of Fountain Hills Owner Contact Information: Property Location: Fountain Hills Blvd. (Pinto Segundo) Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): Due to limited Town staffing, with large developer and other Town projects requiring Staff time for review, this Federal Aid (CMAQ) project had been put on hold at the 60% design stage. This contract amendment restarts the project at the 60% design stage, and provides for the design engineer to update the design documents, environmental clearances and right-of-way clearances based on current ADOT standards and changes in site conditions. This project's construction will provide paved roadway shoulders on the two-lane section of Fountain Hills Blvd. (Pinto - Segundo), thereby increasing corridor safety (by providing a paved width for bicycles, pedestrians, and pull-out width for vehicles; and preventing run -off -the -road accidents and pavement edge break -off), and improving roadside drainage channels. Federal Aid construction projects are bid, managed, and payments dispersed by ADOT personnel, with Town Staff acting as a local liaison. After approval of the contract documents, but prior to the start of construction, the Town will contract with ADOT for the project's construction and construction management and will pay its matching funds to ADOT. Page 1 of 2 Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): This amendment was anticipated after the project was put on hold and is contained within the currently budgeted design funds for this project. Budget Reference (page number): Fountain Hills Blvd. Shoulder Paving, Project No. 56053. Funding Source: Multiple Funds If Multiple Funds utilized, list here: Capital Project Fund; Grant Fund Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval. List Affachment(s): Vicinity Map; Contract Amendment #2, including Scope of Services from Sunrise Engineering. SUGGESTED MOTION (for council use): Move to approve to Amendment #2 to Contract C2012-129 with Sunrise Engineering in the amount of $19,800.00 for the Fountain Hills Boulevard Shoulder Paving Project. Director au s Dior 9127/2o Approved: \_ , , , rady E. Miller, n pager IFAMO 66 Page 2 of 2 MCUOMLL MOUNTMN PARR C SCOTTSDALE VICINITY MAP z 1p 3 Q I z � el ,Y ra k 4 SCOTTROALE A I w J I '` •h 1µF€ V & _ � � t 4 2 9L�J 4th I �,•� •r , JPa S�V �Bi. a �• e� v I dc Do 6 m`t ice, PROPOSED SHOULDER 1 \N .gyp s `°!,$, .'", -s PAVING AREA _ s' 170 --+ IZ EA y A R G L DI SALT ^RIVER PIMA MARICOPA INDIAN COMMUNITY Contract/ No. 201:1.129.1 SIHCC ND AMENDMENT TO PROFESSIONAL SERIVICES AGRHHMENT BETWEEN THE TC WN C P FOUNTAIN HILUS AND SUNRIISIH ENGINHERING, INC. TH IS SHC OND AMHNI]MHNII TO PROFESS ZONAL SHRIM IC HS AC RHEMHN71(11h is "Seaar d Arr endrr ant"; is cir lercid into as of Oct ah er 6, 2016, botweciri J a Town of Fourilairi Hills, ar Ariaona rru rucirlal corporation (111-a "Town",, and S uririsei Enginciering, Inc., a Utah aorporzitior (th a "Consu ltart"; RIECIZIA LS A. "111-e Town and the Consultart entarec irla a Professional SurNicaS Agrecimorit, catad Fehruary l(,a(11a, as arrenc od by that First Amenc rrenil, catod May (, as 13 i Icolloci ivoly, the "Agrecimciril";, fbr the Carisultaril 4a provica prof dssiarial angincierirg sarvices fbr the desi€tri of 11-e Hauritain Fills Houla-vard shoulder paving pinojciat. All capilalizod lerrrs not/ olherwisci c afiricid iri lh is Sciaond Arrendrreint hay ci 'I h a same mcianir gs as coritainec it tho Agroamart. H. "llhe 'lowri has delatimiried Thal acditiorial serviaes ane reaassauy iri aoririeatiori wilh the Aglueamenl (ilhe "Additional Services";. C. "11}-e Town and tho Corisullani casire to amenc tha Agraemant to (i; axtarid lho lerm aft the Agrecimciril, 11ii) moc ify the Scopo of Work to irialuda the Addilior al Services anc i1iii; provide fon the inaroase in corrFlansation to 11-e CorSu ltarit far tl-a Additional Seulvices. AGRHHM HNT NOW,'HHERIEFORIE, in aarisiceralion ofllhe fbragoing introdualion and reciVals, mil-icil ane iraorporzaec l-areiri by nefaranaa, 11-e following mutual covoriants aric aondilioris, and alher goat ar c v alu ably carisic oral ion, th a receirll and su ffiaienay of wN iah ane h cmebN ack ricimiledgad, 111, e Town and 1 he Consu ltarit h erah N agrae as fal lows: I Tamm ofl Agreclmoril . 'Ih a 1 erm of 1 h e A�Iraemew is 11 aueby extondec tN rou 8h Ju ne _10, ala a. a. Saopci of Work. CorISL ltarit sl- all provic a tN ci A c c itiarial Sery icas as sot fon h in th a Ac c itiarial Saopa of Work, attaahec herato as Hxh ibil 1 ar c inaouporal ad h eroin h N rof6roriae. 3. Corr pensal ion. Tho ' lowri sh all iricrciase tl- a torrflensailion to C arisultar t by $19,820.(1(1 fdu the Addilional Scitiviaes at 11-a ralas as scrt forth iri the Addilional Heci Praflosal, attacNad houelo as part of Exhibit 1, resulting in ari inaueascl of tha aggragala nol-to-cixcoad comper sal iori from $104,00A(1 to $ :124,12(1.00. 2775197.1 4. Ef160 of Amendmenll. In all alher relsp,laclls, tha Aflraement is affllmac and ratified and, aN cclpll a9 exprcnsl� mac Mac harain, all tcmms and auric itiors of 1he Applaclmenil shall ramain in fu 11 forca aric affoal. 9. Non-Dafau lt. Hy aN acu I ing this 4acond Amenc ment, the Consu ltanit affirmal ivaly assarl s thal (i; t he 7lowri is niot cru mleW ly in c afault, rioi1 h as beclni in dafaull all any l ima prion to this Seaonid Amandrrianit, undar any of ii1-a terms au auric itionis of 11-e Agraurriant and Ijii; any and all claims, known and unknown, uelatiripl to 1he Agraemant and aNistinipl ani or bafore 1he cater of iIh is Saclond Amendment ara fora,, er miaivac . 6. Isracll. C orisu ltaril ccurtifes to art it is not aurrenil ly arigagac in, and applaus for the c urations of this A€lraement that it dill not engago in, a "boyaott" of Israel, as tflat term is defnec in ARIA. REV. STAT. § 3I`I.3U. 1. Coniflial of Imlarest. 7Ih is Sclaond A menidment aric J a A graemenll may be aanaalad b� tNel 7lowri pursuaniil 110 ARIA. WeV. STAT. § 38-�I1 1. [SIGNATiIRH9 ON FOULOWING PAGHS] 271'1191.1 2 IN WI'PESIS WHEREOF, t1la parlicls hercito Nave exclautac 111 is irstrLmarI as oflhe dales ar c yciar first scrt fclrth abovci. "'Eciwn" TOWN OA FOUNTAIN HIIILS, ari AriAorla mur iaiplal aorporalior Grac � E. M illcm, Town M ariagcm ATTEST: Hci,, elf r J. Ber c eir, Town C kirk STATE OF ARIZONA s9. C OUNTY OF MAMICOPA (1A C KNOWLEDCIMENT; On , :I(I1(, heforci me personally appuarac Grac N E. Miller, 1he Tonus Mar ager of the TOWN OF FOLINIIA 1N H ILLS, ar Avizctnia muniiaipal acitTloralion, whose is en11 ity mias provor Ila mei or tho basis of satisfacl ovy ci,,idcir ae to h ei 1 h e rleirson who h e alaims to bel, aric aekniawleidgac That ho siElrieid t1la abovci caclumcirt, ars bdalf of 1he Tawn of Fountain Hills. Notary Public ijAffir nollary scial hares) [SIGNATLIRHSI CON-HINUH ON FOLHOWII`G PAGE] 2775191.1 "Consultane, SUNRISE ENGINEERING, INC., a Utah corporation Title: i.�dco �/.6lwtfs inasv.0E,2 (ACKNOWLEDGMENT) STATE OFI�i�DpC(, > ss. COUNTY OFAql)ft mb r A7 20161 4efore me personally appeared e _� .E_ , the U1PIDQ1 Sq: Mg. of SUNRISE EN (NEER , INC., a Utah corporation, whose identitymity whs pr6venlb m on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. fM.t,Q jL/�w✓✓Ci Notary Public (Affix notary seal here) BXHIBITI 1 'no SECOND AMBNI]MBN'H 'IlC PR OFBSSIONAII SBRVICES AGRE BMBNT BBTWIEHN 'HHB 'MOWN C F FC UNTAIN HIL LIS AND SUNRISE ENGINBERING, INC. JA cc itionaa Scopes of Work and I'm Prarpsal] Sees following pages. 277519 ;I.1 SCC PE C P SERMIC H9 Summary of C.I. angas in ih.is Amendment: Rci-Stairt of rrajou including Construct cin Plans, Draft C onocipt Rer art, Ura.iriage Idler art enc Scihedi la. C0% reuiciw pacilauge was sL bmittec to the Town of Fountain HE Is an July '17, 'ICI'l 3. Sl- artlyl aiftor our sL t m t tel thea Town F L t t1- ei project an hole. January of 21016 iho Town 1egL cistoc to re -start lhci project and regLiestac a mciatingw'lh a.11 thea toom mombais to go ovor 111,a stolus of thea project. On JLria -^I1, '2011`. we jeee:ivoc reuiaw eamrrants track from thci Town on aLu 60`i( sLbmitilal. Thais omondment is to ro-start thci project aifter ?I years of Jr.aet.ivity. SC OHH OH WORK POR THIS AMENDMENT: The changas 1 a 1 he soar e of work include tl- ci following Tasks (Inuml: Bring ciaritinL ad from original contract): PHASE 0001— BASE C ONTRACT Task 001 - Dlesigr. C onaorll Rerlo>11: SEI wi 11: ci rov:iew 11. o IJ es:ign C aricor t rer cu t for any] needad rav:isions and updates tasac on tho lailastADC -1 Project Davelopmcint Process Manual. Task 0021 - Hnmironmanlail Dletermiiwilion Report: ADCT has recently reuisac the enuironmenilal cicioi anee F i aces s. '11. ercifore, E a] Sol GroL F will work Blas cly with � DOT's now Projciot Manamer 1 o updates information it tha Enuironmontal Detcrminat ari Report. Task (105 - Detail Dlesiign & Construction Documents: SBI will reuiciw and update the construction documents in aceaiic anee with ilt e latest Project Daveilar m er 1 Process Manual. Addit oval tciam m ocitngs willt o riaeassary to i a- M.hate i1 t a proje ict. Comments reiccived from i t a Town's 60'ia rc -�iciw wil to inearpaiailed in ttis updato pr:iaj to res -submittal to ADC I. Urcates to the constriction daeurriants maty include: Plan & Piafilei 8t eats, Drainage Plans, Signing & Marking pkirs, JWPP plana, and c otaiils ass naccissairy to mcieit lhci latest ADCT & MAG silandard dataiiis. Plar.is wE bei submiiltcic to DOZ for review in accordance with ADCT's Pi ajact Maini�lement MairiLial. Tt a r rajcicl sot edulo wall a.lsa bei updaitad cis r girt of ilt a taisld. Task (106 - Dlraiinail Raport: SHl wall rciview uric updaitci the drainaigo roport as niocic ed according to ADC I Project Davelopment Pracoss Manual. 'I t e total campcirisation addition to the contraict for Tasks CICI'l , 0021, 0CI9 & 0(1( will t a $1% 820. A t i cakdown of thea marl -tours for this Task is 81-awr :in E)itibit B. SCCPIE OF WORK CCNDITICN9 & EMCIJUSICNS A. The socire ofwc6 for this ormiricmert :is lirrited to lhci items listed above. if aicditional items ara aiccad to the cianituaet, 11ay will to performed in aeeardamieci w'th rates & faeis shown in Hxhibit A. B. It is assLlmec that r a reuis:iaris or updatas will be nciedoc on t1- o C coil cot nieal Reporil or Materia] Ilcsigrl Reports. if rocluivied, sarv:icci:- wall t e rorformed on a I&M basis. C. Roproduetari, mileage and tr ml costs sha:Il to tilled ais a raimbursatla mporisci in additon 1a thei (iaritraet cast Jri aceordarica w th the rail es and fees shown in Exhibit t� . D. Tho foe sotodules shown in Exhibit A ciain bei reuisac to the current annual fee sehacLlci on the aririversor, of ilt e contract exacuilion for providing Tima and Material] sarv:icas. 9)115/:1[1116 Rale 1 1 Coril pact Arneiridmeint #a Fourtain Hills EIaL levard CUNPJ]C E °+ SHoulcor Paving Projecil hS60`I=1 Rei-_' 1 art of Rillal SCC PE C P SERMIC H9 Summary of C.I. angas in ih.is Amendment: Rci-Stairt of rrajou including Construct cin Plans, Draft C onocipt Rer art, Ura.iriage Idler art enc Scihedi la. C0% reuiciw pacilauge was sL bmittec to the Town of Fountain HE Is an July '17, 'ICI'l 3. Sl- artlyl aiftor our sL t m t tel thea Town F L t t1- ei project an hole. January of 21016 iho Town 1egL cistoc to re -start lhci project and regLiestac a mciatingw'lh a.11 thea toom mombais to go ovor 111,a stolus of thea project. On JLria -^I1, '2011`. we jeee:ivoc reuiaw eamrrants track from thci Town on aLu 60`i( sLbmitilal. Thais omondment is to ro-start thci project aifter ?I years of Jr.aet.ivity. SC OHH OH WORK POR THIS AMENDMENT: The changas 1 a 1 he soar e of work include tl- ci following Tasks (Inuml: Bring ciaritinL ad from original contract): PHASE 0001— BASE C ONTRACT Task 001 - Dlesigr. C onaorll Rerlo>11: SEI wi 11: ci rov:iew 11. o IJ es:ign C aricor t rer cu t for any] needad rav:isions and updates tasac on tho lailastADC -1 Project Davelopmcint Process Manual. Task 0021 - Hnmironmanlail Dletermiiwilion Report: ADCT has recently reuisac the enuironmenilal cicioi anee F i aces s. '11. ercifore, E a] Sol GroL F will work Blas cly with � DOT's now Projciot Manamer 1 o updates information it tha Enuironmontal Detcrminat ari Report. Task (105 - Detail Dlesiign & Construction Documents: SBI will reuiciw and update the construction documents in aceaiic anee with ilt e latest Project Daveilar m er 1 Process Manual. Addit oval tciam m ocitngs willt o riaeassary to i a- M.hate i1 t a proje ict. Comments reiccived from i t a Town's 60'ia rc -�iciw wil to inearpaiailed in ttis updato pr:iaj to res -submittal to ADC I. Urcates to the constriction daeurriants maty include: Plan & Piafilei 8t eats, Drainage Plans, Signing & Marking pkirs, JWPP plana, and c otaiils ass naccissairy to mcieit lhci latest ADCT & MAG silandard dataiiis. Plar.is wE bei submiiltcic to DOZ for review in accordance with ADCT's Pi ajact Maini�lement MairiLial. Tt a r rajcicl sot edulo wall a.lsa bei updaitad cis r girt of ilt a taisld. Task (106 - Dlraiinail Raport: SHl wall rciview uric updaitci the drainaigo roport as niocic ed according to ADC I Project Davelopment Pracoss Manual. 'I t e total campcirisation addition to the contraict for Tasks CICI'l , 0021, 0CI9 & 0(1( will t a $1% 820. A t i cakdown of thea marl -tours for this Task is 81-awr :in E)itibit B. SCCPIE OF WORK CCNDITICN9 & EMCIJUSICNS A. The socire ofwc6 for this ormiricmert :is lirrited to lhci items listed above. if aicditional items ara aiccad to the cianituaet, 11ay will to performed in aeeardamieci w'th rates & faeis shown in Hxhibit A. B. It is assLlmec that r a reuis:iaris or updatas will be nciedoc on t1- o C coil cot nieal Reporil or Materia] Ilcsigrl Reports. if rocluivied, sarv:icci:- wall t e rorformed on a I&M basis. C. Roproduetari, mileage and tr ml costs sha:Il to tilled ais a raimbursatla mporisci in additon 1a thei (iaritraet cast Jri aceordarica w th the rail es and fees shown in Exhibit t� . D. Tho foe sotodules shown in Exhibit A ciain bei reuisac to the current annual fee sehacLlci on the aririversor, of ilt e contract exacuilion for providing Tima and Material] sarv:icas. 9)115/:1[1116 Rale 1 1 HXHIHIT A Clontracl Amorlc rneirlt #2 ENGINEERING, INC. Arizor a Offices SUNRISE Foulrllair Hills Boulavarc Shoulc cm Pavirg Projacil 456053 CODIEI CI AISSIFICIATICN Re-9tarrt of Prajelet CIODEI HXHIHIT A SuL4ojuumi;1„?r,ts 4i,4 oj'ho iI C 'rest ocnirse.r as Al elluffi l;jh! S IO'o 'lla)!4W L�i f u 9/191/Imf Pagel 12 SUNRIISE ENGINEERING, INC. Arizor a Offices 30116 Flegel Schedule CODIEI CI AISSIFICIATICN RAT E CIODEI CI AISSIIIIICIAITION, RATE 1(IlHr.girloer;E.I.T.j l Si 91 ,�oibtliur 05:1 'lcmu�istrauvei I 110 Nrha�r 1(12 Hngineler +,1,-B I.T. D 95191 052 AY nunistrativel II S4SI 1(13 BIr.lgiz�eieir D] 1123 0-13 A&r4 istrau,x-el ID' ; SI :1(14 Hr.ginceir IV, 143 9'�12 '-'vvre,• Zec'r HISS :1(13 Hr g ne or V X1163 910 SL ry t CAL Teich HISS 110 Princglal Erigineon �111S15 915 Surve,-Crew Q -h l7 S11( '1 :1 Prujac'I WAnageir I X1115 940 rlurve:• .1:lanaEler S1: 711 Prcgelc _Afamgeir D fl 915 Rl 191 'verad Svrveror S12` 3(11 Hngineiering Teid I F(. 9 950 Princlu Flal blur °elvar 5160 A21 Hngmceiing Todi H 1513 331 Const!rulction :Manager 1 9 11191 A3 Hnginoerin`I To(& III :ISIS 252 Constwcticrl Manager A `I 1A 3C14 Engineie=- g Tach 11' G�: (5 :133 c r_ C c r.19 truckon 1;Ilan2E er c 11391 10'. CAD T zalul clan I 559TO Fie 1d Te du i<iian l ` :9 402 CAD Zocllur cl'zin D R19 SI2lI Fie11d Te1ah-uuian A Sl (.9 403 C.AD "Ieahn;cian IZ S-'9 SICIO Fold Telaluuuian ID 41 -'9 404 LAD "It clhiueian IT ULB ) Eluage S(1.59 SuL4ojuumi;1„?r,ts 4i,4 oj'ho iI C 'rest ocnirse.r as Al elluffi l;jh! S IO'o 'lla)!4W L�i f u 9/191/Imf Pagel 12 EM111111 IT H SI SE Mair --t our EllstirnatE) Su rr mary of C cists Town of Fountain Hills FH BE,& S11 aulder Faving - Hrojeci Rci-Sltavi ph-, 1-1 Ir. d 111 a, k D—ipiion Cond nact AMEIric mEirt #2 ElagirFv IV 4: project M...j..If CAD lleohnigiaum IN kdwli Ut SUNRISE Hat Hain Hills Bou lavarc • Shoulc cin Paving Projact #S6053 _jWL_ BASE CON TRA C T Re -Stant of PraiEld EM111111 IT H SI SE Mair --t our EllstirnatE) Su rr mary of C cists Town of Fountain Hills FH BE,& S11 aulder Faving - Hrojeci Rci-Sltavi ph-, 1-1 Ir. d 111 a, k D—ipiion Engin.ci ElagirFv IV Bno eG r (E.I.T.)11 project M...j..If CAD lleohnigiaum IN kdwli Ut Dir"c Colts (Lown) (S) _jWL_ BASE CON TRA C T aOl Design Concept Report •Rev Em A Update I �j 6 2 2 1 14 11,8*. 402 Ermronmental Clet(mitnabon Repon - Reviervi & Update 2 j $8,800 V,100 05 Detail Dn.! I n & Ca nstrualori Oa c urnerit-, - Rev"v & Update 2 1( 6 L 24 3 51111 1 9'm I MdAicna Project Tears Meetings 2 3 4 OW lDrainage Report - Revew 81 Update 1 4 11 2 4 Sub mal S49,820 Sub -total Houmlides,'Days 6 aM 16 i 30 1 0 10(1 $19,820, Hourly BON Ra to Total III( Ila rE S1r6 00 MI 1-145 91,110 3 99 (xi S3,564 S15000 S2.1100 S89 Oo S2,670 9: 9 0(1 -Z]M SN,9001 �'05' Stl SUBTOTAL 519.870 GRA NE1101MAL 9/n/alm PE100 131 1XIly f� TOWN OF FOUNTAIN HILLS TOWN COUNCIL '101 AGENDA ACTION FORM 7,40t is pxv Meeting Date: 10/6/2016 Agenda Type: Regular Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162, crudolphy@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (agenda Language): PUBLIC HEARING regarding endorsement by Town Council of Fountain Hills for a Bingo License for Fountain Hills Post 7507, Veterans of Foreign Wars, 9624 N Monterey Dr,, Fountain Hills, AZ 85268 CONSIDERATION of endorsement by Town Council of Fountain Hills a Bingo License for Fountain Hills Post 7.507, Veterans ofForeigi Wars, 9624 N Monterey Dr., Fountain Hills, AZ 85268. Applicant: Fountain Hills Post 7507, Veterans of Foreign Wars Applicant Contact Information: Boris Biloskirka; .-G. Property Location-.= N Monterey Dr., Fountain Hills, AZ 85268. Related Ordinance, Policy or Guiding Principle: AIDS Title 5, Chapter 4 Staff Summary (background): The Veterans of Foreign Wars, Post 7507, is requesting endorsement by the Town of Fountain Hills for a Bingo License with the Arizona Department of Revenue. Endorsement by the Town's local governing hoard is required prior to the applicant submitting the Bingo License application to the Department of Revenue. The proposed days and times of games will be the second Saturday of each month from 5 PM to 9 PM at their location on Monterey Drive. A telephone call and three emails were sent to the Fort McDowell Yavapai Nation seeking acknowledgement and permission from the Nation but no response was received. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): none Budget Reference (page number): NIA 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): Endorsement by Local Governing Body, Application for Bingo License, Affidavit (2) Page t of 2 SUGGESTED MOTION (for Council use): Move to approve ENDORSEMENT of the Bingo License application for the Fountain Hills Post 7507, Veterans of Foreign Wars by the Mayor and Town Council of the Town of Fountain Hills. Prepared by: uir iii K ,a Approval: raig u op , mance se S72]770T� Ap oved: M t. Grady E Miller, To 01 er 9/2712016 Page 2 oft • End orsleime ntl byl Lloica l G ovlenin inMEL—g Body gips r� ,.. . FOR OFFICIAL USE ONLY PURISUA NTI TO A.R.S. g 5-404I.A 41 Liciensc Alpplicantsl: ClomFlletei lines 2, 31, anic 4. Submill with entire license Flackade to local governing bcc y. 41 Local Governing Body: Clomplletei aeric redo m with licenser Flack age to the Derlartrneint oil Revenue Bingo Section. L ® NewApFllicalion ❑ Change cdl location Date icense Number Pram (Name cd local govemin bodh ) aU2)-7 05-- n !S /CWY) C(Ourn er Address (number and sl reel, PO Boil; 7 S 4-4� Foch ft-A-nS City Sialel aIP Code Phone Nare code) o DSIII ONLY. DO N 07 HARM IN THIS AREA. RM alannl RCVS 1 This is to certify Thal an I I I a hearing wase ccinc ualeid qursuaril taArizania Rlevisec Sltatuto, Titer 9, C11 ap4er 4, in 1 he matteii ol: ❑ Appilication for a Lingo licerisei by the folllowi rig applicant. ❑ Appllication for a bingo license local ion trandeu. 2 3 4 Hill in tt a time on * a da% s names will b e slaved: _-7 Ar --,A--,- „ r- r SUN MON TUE WEDR THU FRI SAT �a.rrl. ❑<i.m. ❑p.m. ❑p.m. ❑t.m. ❑P•m. ❑ei.m. ❑p.rIII. ❑a.mi. ❑p.m. ❑a.rrl. QaLrt. ❑P.m. � m. 5 Bacikguound iriveV igatlons: ❑ ha%e ❑ li ave Dpj been carlductec ori all inidivic L als lisled in i he Bingo L icerise A pplica tioni_ 6 Reccimmericatiori ilor the applicatiori: O F FlFlro%ed ❑ Elisapproded 7 SFlecifc reins ons for disaippraval are hereby lisled pursuarit to A.R.S. g 3-4041.1: Tlhisi eridorsemeni must be cigried by a deleclatec au tt1 arity of the Weal goverr incl body. SIGNATURE 11AW TITLE P1699e Mall to Arizona Department of Rever iL e, RG81ox 29019, ADCIR 10320 (1/14) 8 11602; 716-7f1U1 Previous 71.1002(4/06) S Class B and Class C license a ficants onl Bin o h ficin account information: Checking Account Number Bank Name Bank 10 Class B and Class_ C license applicants only: Acc unt N.mbar I F—k' "..- 11 Class B and Class C license applicants only: List all officers and/or supervisors authorized to sign checks from the accounts listed above, if applying as a qualified organization, all supervisors roust be members of the applicant: 11a Name 11b Name Titre Title Address - Number and Street, Rural Rt Apt. No. Address - NUmber and Street. Rural Rt., Apt. No. City State ZIP Code City State ZIP Code 12 List the name(s) of the one or two persons who will serve as managers. If applying as a qualified organization, these persons must be members of the applicant. Each ,person must submit an affidavit. 12a Name 12b Name ) Title Ttle `Zz 5 C Address -- Number and Street, ural Rt-, Apt. No- Address - Number and Street, Rural Rt-, Apt. No- City State ZIP Code City State ZIP Code 13 List the name of the one person designated as proceeds coordinator. If applying as a qualified organization, this person must be an officer or director AjW a member of the applicant. Each person must submit an affidavit 14List the name{s} of the person(s) who will serve as supervisor. If applying as a qualified organization, each person must be a member of the applicant. Each Person must submit an affidavit. 14a Name 1 lb Namr. �� ii �_ ,�.. _®.. ' • . _ = rile �• Address - Nuniber6nd Street, Rural Rt, Apt. No. I Address - Number and Street, RuraW Rt., Apt. No. r Y State ZIP Code city State ZIP Code 14c Name 14d Name 1 rile Title Address - Number and Street. Rural Rt., Apt- No- Address- Number and Street. Rural Rt., Apt. No, City State ZIP Code City State ZIP Code ADCR 10334 (3114) Arizona Form 833 Page 2 of 5 Previous 71-1010 {4148} 15 list the name(s) of the persons) who will serve as assistants. If apptyirg as a qualified organization, each person must be a member or new member of the applicant Except for'Class A' licensees, each Gerson mucl sha.^a �,. �au...,a 16 Street address of the physical location where bingo will be played: 17 Indicate the tme on each resoectve dal Mat hinnn will M nl..e.r./Y, Oa.m. 19 List dates of proposed game cancellation'rf any: 19 Indicate the type of premises where bingo will be played. Check one Icer: a O Nether rent nor mortgage will be paid from bingo funds. b O^ Med -� I... Armon rant amd2yh and copy ofmnial agreement. Lmolord ...... Address -Number and Street. Rural Rt, Apt No. Telephone Number (with area cods) Cily State -EP Code c i Owned solely by the organization. Afmch fWey ofmorigage, deed of trust. W haao If O Owned jointly with other organization. Attach Mir of mortgage, deed of frust, purchase agreement, escrow, agmemenr otharmtatad&n ,.nt Mortgage Address- Number sail Street, Rural Rt., Apt No. umber (wtn area mile) City State ZIP Code r Huber =Hdd�. Address -Number end Strati, Rural Rt, Apt. No. Number area code) City sire ZIP Gees Holder. Address- Number and Street, Rural Rt., Apt. No.mber Win area coda) City Sole ZIP Cade Continued on page 4 i AbgR 1osa1 (vu) Arisona corm 833 Prowous Ti -tato (sae) Pageams Zit List bingo licensees who are or will be conducting bingo in the same premises as you and those licensees located within 1,000 feet of your premises: 21 Expected bingo expenses: a Mortgage: $-- npr mnnih b Rent: per 0 month j] hour ® occasion Payable�to dress - Number aTelephoumber (with area code) City State c Janitorial Services: 2 per month ❑ hour ❑ occasion Payable to Address - Number and Street, Rural Rt., Apt. No. Telephore number (wah area code) city State ZIP Code d Accounting Services. 3` _ Payable to Telephone number (wfth area code) e Security services: $ _ Payable to Telephone number {witharea code) f Bingo Supplies. Payable to Teleohone number per C3 Month 17 hour ❑ occasion Address - Number and Street, Rural Rt., Apt. No. ZIP per Q month ❑ hour 0 occasion Address - Number and S"ef, Rural Rt., Apt. No. city State ZIP Cade per Address --Number and Street. Rural lit.. Apt. No. area Dods) City state ZIP Line 21 continues on page 5 3 wart 10334 (1/14) Arizona Form 833 Page a or s Previous 71-1010 (V06) 21 Expected Bingo Expenses, continued... Uglily Expenses: Eleddc (payable to) Address- Number and Street, Rural Rt, Apt No. Account Number MonthlyA-- City Sate ZIP Code 22 Briefly state the specific projected use of not proceeds from games of bingo: H«P yepl-syo'�F'-L .1 p c,ecZisc . ON frioflS ifl /�cTdtrf�Js 9�NEE� I. under penalty of perjury and upon oath, declare that 1 am duly authorized to sign and file this application. I hereby swear or confirm that I have read the foregoing application and know the contents thereof and that all information provided has been fully, accurately, and truthfully completed to the best of my knowledge. mall to: rE o �s yyN D cs� TITLE E Mr (602) 7167801 ADOR 103U (1114) Arizona Form 833 Paea 5d5 Previous 71-1010 (406) Arizona Vorm 833 Application for Bingo license Type or print in black ink and complete all information requested on this form. If you do not, your application will be returned. All information is subject to verification, if you need more space, attach additional sheets. • All bingo licenses expire one year from the date of issue. To continue conducting bingo games, you must renew your license Drior to the expiration date. Falsification Of information contained in this application canstitutes a Class Gro felony.. REVENUE USE ONLY. DO NOT MARK IN THIS AREA. PM " RCVt7 5 Class B and Glass C license applicants only: If applying as a qualified organization, check one box to indicate the type of organization 0 Charitable ❑ Social 0 Religious Veterans ❑ Fratemal Q Volunteer Fire Qepartrment ® Homeowners Association ❑ Nonprofit Ambulance Service 6 Glass Band Class C license applicants only applying as a qualified organization, provide parent or auxiliary information: 6a Parent Name Bb Auxiliary Name Address - Number and Street, Rural Rt., Apt. No. Address - Number and Street, Rural Rt., Apt. No. city ZfP Code ZIP 7 Class B and Glass C license applicants only applying as a qualifiedorganization, provide the date the organization was established in Arizona: L_, f I , f 8 Class B and Class C license applicants only applying as a qualified organization, list the current officers of the organization: 8a Name Sb Name Title - Number and Street, Rural Rt., Apt, No. Address - Number and Street, Rural Rt., Apt. Y State ZIP Code I city State ZIP Name 8d Name e Title r - Number and Street, Rural Rt., Apt. No_ Address - Number and Street, mural Rt., Apt, No. State ZIP Code City State ZIP on page REVENUE USE ONLY. DO NOT MARK IN THIS AREA, ❑Approved ❑ Disapproved D Class A .License Q Class B License D Cuss C License Reviewer's Name (please print) Date License Number Effective Date Expiration Date uv.n iy�re { a r+rp Previous 71-1010 (4106) Affidavit This affidavit must be completed by each person who wishes to assist In the conduct of an { aflYdav:t wizl be returned to you. All information is subject to verification. Disclosure of yourSocial oSecu ty NumberinfonrtaUon is bunk au Incorrect, the may be used to establish positive idenhficaucrt for purposes of crimir►ai background ched(s pursuant to Arizona Revised Staff v l § tar5_4t'. Licensee's Name rY phis information 5` 6-- _ License Number Pcsklon (check the appropriate boxas): Mangy er Su enrisor 171 If licensee is a qualified organization, complete the following Member? Date Joined Yes No fflCers Yes No ORicer 7itfe3 Do you have an affidavit on file for any other licensee? ❑ Yes fdo lf'Yes-, list license nurnt)Arlsl• USE ONLY. Do NOT 1W4RK rN 7H18 AREA, PAT Rn RCVD rin y—) ,the above-named want, under penalty of PC upon oath, depose and say that [ will conduct or assist in ll fa conducting ain a Statutes, Title S, Chapter 4, and the rules oft tae licensing authoraaty�sP am ofg compliance oQd moral Character and thave never been e license, Ariaona Revised any misdemeanor involvingmoral turpitude or felony, I have not and shall not receive any reward, compensation or recomconvicted of for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have pease and understand the foregoing and verify that the information and statements made herein are true and correct a read knowledge. to the best of my � W J gna ure Alit n (pate A44 8e1tfaiilAo: Arizona: €]epartmentof Revenue, Po Bax 29073, Phoenix, AZ 85038 8078 8' (602) 716-7801 ADOR 10327 (1114) Previous 71-1003 (49)6j Affidavit TINS affidavit most be COMPkted by each person who vdshes to adldaNt will be returned m You. All Intwmathn k $object to v,rifl,h . DAsdos� o� �� gam of bingo. If a in _ may be used to establish Positive Idendfirallon for WrWses of olminal background checks mascara SeNrity Number (S5f ory�,p unhey Tha ufamation Ucansee'e Name Wrwarrt to Adzc,a Itevised Statures li 5-009 License Number Position (shack the aPwopdete buxm): Ma r Su Mew Py dCWnanaw, Assistant e,re,,,.�„__ ,RF{YENUE the above-named affiant, under penalty of perjury, upon oath, depose and say that 1 will conduct or assist in conductingall bingo %o games in compliance with the terms of the license, Arimna Revised SMWtes, Tide 5, Chapter 4, and the rules of the licensing authority. 1 am ofgood moral character and have never been convicted of any misdemeanor involving moral turpitude Or felony. I have not and shall not receive any reward, compensation or recompense for my participation in the couduct of bingo games except as provided for by law. I hereby and understand the foregoing and verify that the swear or confirm that I have read knowledge. information and statements made herein are true and correct to the best of my Arizona-DOPartmehtof Revenue, PO 840,29019, Phoenix. AZ 85038-9019 8'(602)716-7801 AOJR 10327 (1114) PlaMus 71-IW314a) �� l �� fh�li IS Meeting Date: October 6, 2016 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Development Services Director, 480-816-5138, rrodgers@a fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION #2016-17, declaring as a public record that certain document filed with the Town Clerk and entitled the "Town of Fountain Hills Noise Regulations." CONSIDERATION OF ORDINANCE #16-10, adopting the "Town of Fountain Hills Noise Regulations" by reference and amending the Town of Fountain Hills Town Code, Chapter 11, Section 11-1-7, by revising provisions related to noise violations. PUBLIC HEARING to receive comments on ORDINANCE #16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #22016-05 CONSIDERATION of ORDINANCE #16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #22016-05 Applicant: Applicant Contact Information: Property Location: The Town of Fountain Hills Planning & Zoning 'Division Town -Wide Related. Ordinance, Policy or Guiding Principle: Zoning Ordinance Section 2.01 — Amendments or Zone Changes Zoning Ordinance Chapter 5 Section 5.19.A — Noise Fountain Hills Town Code Chapter 11, Section 11-1-7 - Noise Staff Summary (background): The characteristics of sound and the regulation of noise is a complex subject. In an effort to improve understanding of this matter, a Noise Subcommittee was formed by the Planning & Zoning Commission on June 10, 2010 in response to the highly publicized noise complaints generated from residents around Fountain Lake who were disturbed by the nighttime music being played by businesses in Plaza Fountainside. Page 1 of 4 Noise Oidinance 7C 10A X12016 flhe subcomrrittee was chargec wilt ciclriduciing ari in-depth review of tte noise regLlaiions in lawn, reviewing noise regi talions frorr oit er jL risdiciions, condi citing iric eperic enl reseanch as necessary, and providing speciifici recorrrrendatioris in the fonrri of rloleinlial ordinance ameridrreirile bank io kher Rlarining & 2oriing Commission. Slafil provided the subcomrr itieei wilt conies of the town's negL lations as well as selecleid olteir municipal, and model ordinances. Staff also advertised iloii knowledgeatle volunteers and two well-qualified aorrmuniiy nesidenis sierlped ilorwieird to ofileri llt ein assistance and insigtt. This SL bcorrmittee llorwiarded a report aciriiaining neacimmeridallions 11ar noise ordinarice revisions in essentially the forrr that is attached to this nerlori. lite Planning 81 Zoning Commission accepted the repciri and initiated the ordinariaei amenc merits. However, dL a to ollt er ciiraL instances, the ordinance arrendrr ents were never adopieid. ❑L iirig tt ei nevierw, it became apparent that it ere ciould be some confusiciri and/or inconsistencies between tt e naise iiegulations in Ct aplleirs 5 and 18 of the acining C rdinariaer and it ose in Chapter 1'I of the lkrwri Clode. In orideir io eliminate itase issues, the l:lrciposal tas beein modiilied so as 11a rerrove the noise oridiriance rlrovisions from the acining Crdinanae completely and place tteirr eritiriely wiitin the Town Code. HIGHLIGHfIS CFTHB PRCROSI8❑ NOISIB CR❑INANCBAMBN❑MBNTSI IIORD#16-08; Sleatian 5.19 of the Zoning Cridinancie is delertec and replaciec with a rerlleruial 110 eciion 1'1-'1-7 cif the flown Ccic e. Sleciian 18.06 of it 2oriing C rdinariae is deleiec and replaced with a iiaferuial io Sleation 11-1-a of the flcrwri Cade. H IGH LIGHf1S CF Th 8 RRC ROSlB❑ NOISIB C R❑INANCB AMBN ❑MBNT%S QORD #a!16-'10; lection 11-1-7 cif the Town Code is celeted and replaced with the new Section '11-1-i flown of FOL main hills Noise Regulations. -lawn Cade Slaaticiri 11-1-7 acaorr plishes tt e following: - Corisolidaies all naise reiclulaticins inici a single location for easier raileiiarice and L ndenstandirig. - Bsllablishes a fair, 2 -pari test fon deterrr ining ill/wheri a violallion occurs. - Bsllablishes specific maxiinLin deciterl levels allowed curing specific times of tte day and during speciifia rr onths of i t er year. - Clearly oulllines enforcement procedures to tel followed by bott the flown Code Cfficer and MCSC. - Lists specific e�emiplticins. As is typical with ondiriance propcisals SL cit as This, the question of how other rrL nicil:lalities have dealt with the issL a is ask erd. Sltaff has neK iewed 11t a nciise cirdinaricas from Mesa, Scollisdale, Temilaei, Rt oenix, Paradise Valley, aric Maricol:la Ccu niy (all attached; in ordeii 110 address this question. As expecllad, tt a ordinaricies eacit deal witt the issue of noise diffeirently. Below is a brief ciuiline: - There co not appear io be any slaric ardizec sells of guidelines far decital levels and samie circ inanaes dci riot t ave regi. lations regarding decibels ai all. The most corrimiciri sound scale Msec is the "A" scale. o Phoenix allows a maxim L in of 70 dB(C). -Ris is a c ifileiieni scale from all the o11t er ondiriances reviewec and only applies io "hanc-operated devicies". o Terripe allows a rriaxirr um of 70 dB(A; . But 1 t e noise min st be at least 5 dB over 1 t er maximum to be consic ered a � iolation. o Scotilsdale allows a rriaximurr of 68 dB(A; . BL 1 It is is "rebs Mable". o Ranadise Valley t as the Iowesll maximum decital limit cif 56 dB(A;. B>cielal fcir vehicles whicit may be L p to 82 clB(A; . o Mesa and Maricopa Coy my have no maximium decibel lirr its in thein regi, Iallions. Flagic171 of 4 t oija Ordinanaa TC 1016.12016 - llime of day constraints are mione common. o Mesa uses 6 AM and 10 RM as it eir prirriary monning and nigra cut -tiff times. o Tempe and ParadisEl Valley L SG 7 AM arid 10 RM o RhOElnix L :le:l 7 AM arid 11 RM o Scotisdale and Maricopa Coy nay do not t ave lime of c ay limits. - -Rhe lacialiclrl L sed to measure i t e sclL nd level varies. o Mesa t as r10 point oil measurement. o Rhclenix uses 90' 16lomi ate soy rcie. Bul, itis only applies to "t and-orleralElc dEI%iCIEW". o Tempe and Paradise Valley measure the SOLrlc all It property line. o Scotilscale does not dole wt ere the measLnemierll is io take place. o Maniciclpa County uses 500' from it a sclurce. But, the reading rriusl be taken insic e a cilosec building. EI) EImiriliclns: o Mesa exemipts permitied everlls, school aciNiiies, sorrie ciclnsinLCltiorl activities, municipal work, and alaci other exemptions at the City Manager's discretion. Cl Soottscale exemirlts perrriitlec e�erlls anc rlon-amplified noise gerleralElc by the patrons of a business. ci llemipe exemipts A\C L nits, lawn mairllerlance, schocll and government activities, wanning signals, erriergenay %ehiCIEls, mains, church bells, and power plants. a Rt oeni) e) emrlis municiipal ver icles, road arlc bridge repairs, logy c speakers used in pL blit addresses, hand -Feld devioes as noted ato%e if they emanate frorri a biciycle, push care, eici and only play "pleasing melcic ies". o Raradise Valley exerripls warning devioes, erriengency vehiclles, rriL rlicipal and ulility work, A'C unils, Tool filters, and at the llclwn Marlagen's disonetion. o Maricopa Coyrely exerripts ainorafl, erriergency reticles, rlon-amplifiEld recuse from schools and daNcianEl facilities, HVAC units, nclrl-arriplifiec cmowc noise fnclrri planned acti%ilies, boats, alarms, guns, sorrie conslrLClticlrl acii%iiies, public events, bells, racing Merlis, tnairls, power plants, warning signals, farm equirlrrierll, and noise from parks and playgrounds. Risk Analysis (opticlns on alternatives with irriplioaticlns' : PIRRRC VAL: llfEl current noise rElgulatiods are pclorly designec arid �idLally unenforceable due to lirriiiaiiclns placed on rlol only 11`8 dElClibel levels bit also on i t a frequencies of noise that staff has no way of moniioning. ler a Klrclposed regulaliclrls wog Id simplify that process arid eslak lish clean guic elides. Tt a proposal wog Id also prolEicit bolt 11 t e nesic ents, and it EI bL siness oclrrimiurliiy by eslak fishing the two-point teal rather tharl L sing the current single paint tesiing rriElihoc %N ten rriclnitoring dElClibel levels. DENIAL: III it a Flrclposed noise ordinance arriendments are denied, it a CIL Frena noise ondinanoe will rElmain in efilecil. Fisoal Impact (initial arlc clrlgoidg oosts; bL c get stall L s:: None EL dget Reference i1page numben): KA Funding Sc urce: NA If ML Itiple Funds L tilized, list here: NA E udgeted; if No, attact E udget Adjustment Form: NAI Reccrrirriendation(s) by Boardils) or Cerrimisslion(s): Mgt 21 cif 4 Noise Ordinwoo TC 10/612016 The Planning & Zoning Commission held a public hearing on September 8, 2016. After a lengthy discussion, the Commission voted 3-2 to forward a recommendation to Town Council to approve the noise ordinance revisions as presented. Due to the close vote, staff requested that the Commission provide a written narrative (attached) that explains to Council what the Commission member's rationale was both for and against the proposal. Staff Recommendation(s): Staff recommends that the Town Council approve Ordinance #16-10, the Noise related amendments to Section 11-1-7 of the Town Code as presented. Staff recommends that the Town Council approve Ordinance #16-08, the Noise related Zoning Ordinance amendments to Chapters 5 and 18 of the Zoning Ordinance as presented. SUGGESTED MOTIONS: Move to approve RESOLUTION #2016-17, declaring as a public record that certain document entitled the "Town of Fountain Hills Noise Regulations." Move to approve ORDINANCE #16-10, the Noise related amendments to Section 11-1-7 of the Town Code as presented. Move to approve ORDINANCE #16-08, the Noise related Zoning Ordinance amendments to Chapters 5 and 18 of the Zoning Ordinance as presented. Attachments: Ordinance #16-08 (2 pgs) Ordinance #16-10 (2 pgs) Resolution #2016-17 (1 pg) Town of Fountain Hills Noise Regulations (5 pgs) 9/8/2016 Draft P&Z Commission Meeting Minutes 9/8/2016 P&Z Commission Memorandum of Explanation (5 pgs) Other Municipal & County Noise Ordinances (6) Correspondence Received Submitted by: $06e7't 12odgers awl 9/27/2016 Development Services Director Date Approved: 9/28/2016 Grady Miller, own anager Date Page 4 of 4 Town of Fountain Hills Staff Presentation b � b 9lf that is Noise Ordinance A Proposed Noise Ordinance (ORD #16-08) • Section 5.19 of the Zoning Ordinance is deleted and replaced with a referral to Section 11-1-7 of the Town Code. • Section 18.06 of the Zoning Ordinance is deleted and replaced with a referral to Section 11-1-7 of the Town Code. (ORD #16-10) • Section 11-1-7 of the Town Code is deleted and replaced with the new Section 11-1-7 Town of Fountain Hills Noise Regulations. • Consolidates all noise regulations into a single location for easier reference and understanding. • Establishes a fair, 2 -part test for determining if/when a violation occurs. • Establishes specific maximum decibel levels allowed during specific times of the day and during specific months of the year. • Clearly outlines enforcement procedures to be followed by both the Town Code Officer and MCSO. • Lists specific exemptions such as A\C units, Lawn Maintenance, Warning Signals, Emergency Vehicles, Emergency Work, Church Bells, Town Vehicles & Equipment, Special Events, and Loud Voices. Table 1 Measurement Standards: SOURCE M a COMPLAINANT'S 6 LOCATION 3o - WALL OF STRUCTURE Table 2 Permissible Noise Levels: Monday — Thursday, May 15th to September 15th Measurement Location Time Decibel dB(A) Wall of structure proximate to complainant's location 5:30 am to 11:00 pm 55 Approximately 30 feet from the sound source 85 Wall of structure proximate to complainant's location 11:00 pm to 5:30 am 45 Approximately 30 feet from the sound source 75 Monday — Thursday,September 16th to May 14th Measurement Location Time Decibel dB (A) Wall of structure proximate to complainant's location 6:00 am to 11:00 pm 55 Approximately 30 feet from the sound source 85 Wall of structure proximate to complainant's location 11:00 pm to 6:00 am 45 Approximately 30 feet from the sound source 75 Friday — Sunday, year long Measurement Location Time Decibel dB(A) Wall of structure proximate to complainant's location 7:00 am to 11:00 pm 55 Approximately 30 feet from the sound source 85 Wall of structure proximate to complainant's location 11:00 pm to 7:00 am 45 Approximately 30 feet from the sound source 75 Other Locations Mesa, Scottsdale, Tempe, Phoenix, Paradise Valley & Maricopa County As expected, the ordinances each deal with the issue of noise differently. Below is a brief outline: There do not appear to be any standardized sets of guidelines for decibel levels and some ordinances do not have regulations regarding decibels at all. The most common sound scale used is the "A" scale. — Phoenix allows a maximum of 70 dB(C). This is a different scale from all the other ordinances reviewed and only applies to "hand -operated devices". — Tempe allows a maximum of 70 dB(A). But the noise must be at least 5 dB over the maximum to be considered a violation — Scottsdale allows a maximum of 68 dB(A). But this is "rebuttable". — Paradise Valley has the lowest maximum decibel limit of 56 dB(A). Except for vehicles which may be up to 82 dB(A). — Mesa and Maricopa County have no maximum decibel limits in their regulations. Time of day constraints are more common. — Mesa uses 6 AM and 10 PM as their primary morning and night cut-off times. — Tempe and Paradise Valley use 7 AM and 10 PM — Phoenix uses 7 AM and 11 PM — Scottsdale and Maricopa County do not have time of day limits. The location used to measure the sound level varies. — Mesa has no point of measurement. — Phoenix uses 50' from the source. But, this only applies to "hand -operated devices". — Tempe and Paradise Valley measure the sound at the property line. — Scottsdale does not note where the measurement is to take place. — Maricopa County uses 500' from the source. But, the reading must be taken inside a closed building. Other Locations Mesa, Scottsdale, Tempe, Phoenix, Paradise Valley & Maricopa County Exemptions: — Mesa exempts permitted events, school activities, some construction activities, municipal work, and also other exemptions at the City Manager's discretion. — Scottsdale exempts permitted events and non -amplified noise generated by the patrons of a business. — Tempe exempts A\C units, lawn maintenance, school and government activities, warning signals, emergency vehicles, trains, church bells, and power plants. — Phoenix exempts municipal vehicles, road and bridge repairs, loudspeakers used in public addresses, hand-held devices as noted above if they emanate from a bicycle, push cart, etc and only play "pleasing melodies". — Paradise Valley exempts warning devices, emergency vehicles, municipal and utility work, A\C units, pool filters, and at the Town Manager's discretion. — Maricopa County exempts aircraft, emergency vehicles, non -amplified noise from schools and daycare facilities, HVAC units, non -amplified crowd noise from planned activities, boats, alarms, guns, some construction activities, public events, bells, racing events, trains, power plants, warning signals, farm equipment, and noise from parks and playgrounds. Decibel (loudness) Comparison Chart Here are some interesting numbers, collected from a variety of sources, that help one to understand the volume levels of various sources and how they can affect our hearing. Environmental Noise Weakest sound heard OdB Whisper Quiet Library at 6' 30dB Normal conversation at 3' 60-65dB Telephone dial tone 80dB City Traffic (inside car) 85dB Train whistle at 500', Truck Traffic 90dB Jackhammer at 50' 95dB Subway train at 200' 95dB Level at which sustained exposure may result in hearing loss 90 - 95dB Hand Drill 98dB Power mower at 3' 107dB Snowmobile, Motorcycle 100dB Power saw at 3' 110dB Sandblasting, Loud Rock Concert 115dB Pain begins 125dB Pneumatic riveter at 4' 125dB Even short term exposure can cause permanent damage - Loudest recommended exposure WITH hearing protection 140dB Jet engine at 100' 140dB 12 Gauge Shotgun Blast 165dB Death of hearing tissue 180dB Loudest sound possible 194dB Sound Levels of Music Normal piano practice 60 -70dB Fortissimo Singer, 3' 70dB Chamber music, small auditorium 75 - 85dB Piano Fortissimo 84 - 103dB Violin 82 - 92dB Cello 85 -111dB Oboe 95-112dB Flute 92 -103dB Piccolo 90 -106dB Clarinet 85 - 114dB French horn 90 - 106dB Trombone 85 - 114dB Tympani & bass drum 106dB Walkman on 5/10 94dB Symphonic music peak 120 - 137dB Amplifier, rock, 4-6' 120dB Rock music peak 150dB Source: http://www.gcaudio.com/resources/howtos/loudness.html RESOLUTION 2016-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED THE "TOWN OF FOUNTAIN HILLS NOISE REGULATIONS." BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain document entitled the "Town of Fountain Hills Noise Regulations," of which one paper copy and one electronic copy maintained in compliance with Axil. REv. STAT. § 44-7041 are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, October 6, 2016. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2730178.2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS NOISE REGULATIONS 2730238.2 Section 11-1-7 Noise. A. Purpose. The purpose of this Section is to promote the health and general welfare of the citizens and businesses of the Town by balancing the need to protect the community against unreasonable noise with the legitimate goal of promoting and encouraging commercial and business growth in the community. B. Definitions. The following words, terms and phrases, when used in this Section, have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 1. "'A' band level" means the total sound level of all noise as measured with a sound level meter using an A -weighting network. The unit is the dB(A). 2. "Complainant" means a person who files a noise complaint. 3. "Decibel" means a sound pressure that is 20 times the logarithm to the base 10 of the ratio of the pressure of sound to the reference pressure, 2 x 10 -5 newton/meter2. 4. "Emergency work" means any (a) work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency that has or may result in a disruption of service and that is necessary to restore property to a safe condition following a public calamity, (b) work required to protect the health, safety or welfare of persons or property or (c) work by private or public utilities when restoring utility service. 5. "Noise violation" means any noise created that exceeds the maximum limits as specified in this Section. 6. "Sound level (noise level)" means the sound measured with the A - weighting and slow response by a sound level meter. 7. "Sound level meter" means an instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound levels that satisfies the pertinent requirements for Type 1 sound level meters as set forth in the most recent version of American Standard Specifications for Sound Level Meters ANSI S1.4- 1983. 8. "Sound Source" means the cause and location of the noise. C. Measurement Standard. Sound level shall be measured with a sound level meter operated in accordance with the manufacturer's guidelines and instructions. 2730238.2 Table 1 Measurement Standards: SOURCE a 30' CQMPLAINANT"S Q — LOCATION WALL OF STRUCTURE D. Noise Violations Prohibited. Subject to the complaint processing provisions in Subsection 11-1-7(E) below, it shall be a violation of this Section to emit or allow to be emitted noise in excess of the permissible noise levels set forth in Table 2 below. Table 2 Permissible Noise Levels: Monday — Thursday, May 15th to September 15th Measurement Location Time Decibel dB(A) Wall of structure proximate to complainant's location 5:30 am to 11:00 pm 55 Approximately 30 feet from the sound 85 source Wall of structure proximate to complainant's location 11:00 pm to 5:30 am 45 Approximately 30 feet from the sound 75 source Monday — Thursday, September 16th to May 14th Decibel dB Measurement Location Time A Wall of structure proximate to complainant's location 6:00 am to 11:00 pm 55 Approximately 30 feet from the sound 85 source Wall of structure proximate to complainant's location 11:00 pm to 6:00 am 45 Approximately 30 feet from the sound 75 source 2730238.2 2 Friday — Sunday, year long Decibel Measurement Location Time dB(A) Wall of structure proximate to 55 complainant's location 7:00 am to 11:00 pm Approximately 30 feet from the sound 85 source Wall of structure proximate to 45 complainant's location 11:00 pm to 7:00 am Approximately 30 feet from the sound 75 source E. Complaint Processing. After receiving a noise complaint from a complainant, an individual authorized under Subsection G of this Section shall measure the noise level with such measurements being made both at the wall of the complainant's location and approximately 30 feet from the sound source, as illustrated in Table 1 above. The authorized individual shall determine a noise violation has occurred when the decibel levels at both the complainant's location and at approximately 30 feet from the sound source exceed the maximum decibel levels set forth in Table 2 above. F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character that emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle. G. Violations. The Town Manager or designee, code official or Town law enforcement officer may issue civil citations pursuant to Subsection 1-8-3(D) of this Code to enforce violations of this Section. After civil enforcement as set forth in Subsection 1-8-3(D) of this Code, any POST -certified law enforcement officer or the Town Prosecutor may issue criminal complaints pursuant to Subsection 1-8-2(A) to enforce this Section. H. Exemptions. The following uses and activities shall be exempt from Town noise level regulations: 1. Noises resulting from air-conditioning equipment when such equipment is in proper operating condition. 2. Noises resulting from lawn maintenance equipment operated during daylight hours when such equipment is functioning with all mufflers and standard noise -reducing equipment in use and in proper operating condition. 2730238.2 3 3. Noises of safety signals, warning devices and emergency pressure relief valves. 4. Noises resulting from an authorized emergency vehicle when responding to an emergency call or acting in time of emergency. 5. Noises resulting from emergency work. 6. Church chimes or bells. 7. Any noise created by any Town or Town contractor vehicles, equipment or facilities while being operated or utilized for official business. 8. Noises resulting from a special event being held pursuant to a Town - issued special event permit. 9. An un -amplified human voice. 2730238.2 4 ORDINANCE 16-10 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE "TOWN OF FOUNTAIN HILLS NOISE REGULATIONS" BY REFERENCE AND AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 11, SECTION 11-1-7, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. WHEREAS, the Town of Fountain Hills Town Code (the "Town Code") contains provisions pertaining to noise violations; and WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to have standards by which authorized individuals may objectively determine whether a noise violation has occurred; and WHEREAS, the Town desires to clarify the provisions relating to noise violations to provide its citizens with a clear statement of the noise violation provisions applicable to activities in the corporate limits of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The document known as the "Town of Fountain Hills Noise Regulations" (the "Noise Regulations"), of which one paper copy and one electronic copy maintained in compliance with ARIZ. REv. STAT. § 44-7041 are on file in the office of the Town Clerk, which document was made a public record by Resolution 2016-17 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. SECTION 3. The Fountain Hills Town Code, Chapter 11 (Offenses), Article 11-1 (Offenses), is hereby amended by deleting Section 11-1-7 (Noise), in its entirety and replacing it with the Noise Regulations. SECTION 4. Any person who fails to comply with any provision of the Noise Regulations shall be subject to civil and criminal penalties as set forth in Section 1-8-1 of the Fountain Hills Town Code, including civil penalties of not more than $250 base fine. Criminal penalties shall constitute a class one misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 2730204.3 SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 6, 2016. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2730204.3 2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney ORDINANCE 16-08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. WHEREAS, the Town of Fountain Hills Town Code and the Town of Fountain Hills Zoning Ordinance (the "Zoning Ordinance") each contain provisions pertaining to noise violations; and WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to have a uniform set of standards by which authorized individuals may objectively determine whether a noise violation has occurred; and WHEREAS, the Town desires to clarify the provisions of the Zoning Ordinance relating to noise violations to provide its citizens with a clear statement of the noise violation provisions applicable to activities in the corporate limits of the Town. WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this Ordinance were advertised in the August 24, 2016 and August 31, 2016 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on September 8, 2016, and by the Town Council on October 6, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town of Fountain Hills Zoning Ordinance, Chapter 5 (General Provisions), Section 5.19 (Performance Standards) is hereby amended by deleting Subsection A thereof (Noise) and replacing it with the following: A. Noise. The sound pressure level of any individual operation shall not exceed the maximum decibel levels set forth in the Fountain Hills Town Code Section 11-1- 7, Table 2, with each individual operation being considered a sound source, as such term is defined in the Fountain Hills Town Code Subsection 11-1-7(B)(8), as amended. For purposes of this Subsection 5.19(A), decibel levels shall be measured according to the measurement standards set forth in the Fountain Hills Town Code Section 11-1-7, as amended; provided, however, that for purposes of this Subsection 5.19(A), the registering of a noise complaint shall not be necessary. 2730195.3 SECTION 3. The Town of Fountain Hills Zoning Ordinance, Chapter 18 (Town Center Commercial Zoning District), Section 18.06 (Additional regulations) is hereby amended by deleting Subsection B thereof and replacing it with the following new Subsection B, to read as follows: B. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service. Such establishments shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 6, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2730195.3 2 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION September 8, 2016 Vice -Chairman Mikolajczyk opened the meeting at 6:30 p.m. ROLL CALL: The following Commissioners were present: Vice -Chairman Eugene Mikolajczyk. Commissioners: Stan Connick, Howie Jones, Susan Dempster and Roger Owners. Also in attendance were Bob Rodgers, Interim Development Services Director and Paula Woodward, Executive Assistant and Recorder of the minutes. Chairman Michael Archambault and Commission Jeremy Strohan were absent. Vice -Chairman Mikolajczyk requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC No one wished to speak. AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED August 11, 2016. Commissioner Howie Jones MOVED to APPROVE the meeting minutes dated Thursday, August 11, 2016 as written. Commissioner Stan Connick SECONDED and the MOTION CARRIED UNANIMOUSLY. AGENDA ITEMS #2 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 16-08, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 5 SECTION 5.19, AND CHAPTER 18, SECTION 111.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. CASE #22016-05 AGENDA ITEMS #4 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 16-04, PROPOSED AMENDMENTS TO THE FOUNTAIN HILLS ZONING MAP OF APPROXIMATELY 63 ACRES IN SIZE, AND PROPOSED TEXT AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12 -- COMMERCIAL ZONING DISTRICTS AND, ADDING A NEW CHAPTER 25, ENTERTAINMENT OVERLAY CASE #22016-02 Vice -Chairman Mikolajczyk opened the Public Hearing at 6:32 p.m. for agenda items 42 and #4. Bob Rodgers gave a presentation about the Noise Regulations. Mr. Rodgers explained the recommendations brought forth in 2010 by a Noise Committee were appointed by the P&Z Commission. Their regulations were simplified, illustrations were added, and enforcement was provided with a reasonable and easy to enforce 2 -part process for determining if there is a violation. This ordinance was actually initiated in 2011 but due to an upcoming event in the downtown area the ordinance was temporarily tabled. The P&Z Commission established a second subcommittee in February 2016 with the charge to return with recommendations for a consistent set of regulations primarily for the downtown area and also to re -look at the previous proposal. The committee presented its report on April 14`x', 2016.The report recommended some minor changes to the previous proposal and also that a. Downtown Entertainment Overlay 'age l of 7 District be established in order to provide the entire downtown area with consistent rules regarding events and other outdoor activities. The Commission discussed the proposed ordinance changes with the Town Attorney on July 28t". At that meeting there were a few differences between the noise ordinance proposal and the Downtown Entertainment Overlay District proposal that needed to be sorted out. The Commission explained your intentions and the Town Attorney has revised both ordinances accordingly. The Commission then instructed staff to initiate the ordinance amendment. Mr. Rodgers said t Town Attorney's revised versions of the noise ordinance, along with the Downtown Entertainment District Overlay map amendment and its accompanying regulations are before the Commission tonight. Mr. Rodgers reviewed highlights of the proposed Noise Ordinance: (ORD 16-08) 1. There we currently two noise ordinances. One in the Zoning Ordinance (5.19.A) & One in the Town Code (I 1-1-7) This proposed revision removes the noise regulations from the Zoning Ordinance entirely and places everything in the Town Code for ease of reference. It also better enables the Sheriffs office to enforce the ordinance. 2. The noise ordinance establishes specific, measurable maximum decibel levels that will be allowed during specific times of the day, specific days of the week, and specific months of the year. 3. The noise ordinance establishes an equitable two-part test to determine if/when a violation has occurred. - This test requires that a DB meter reading be taken approximately 30' from the source of the noise. - The test then requires that another DB meter reading be taken at the location of the complaint. - A violation is judged to have occurred if both locations register as being in excess of the permitted decibel levels. 4. Violations have been defined as Civil offenses, which if repeated often enough may become criminal offenses according to already established Town Code provisions. 5. :And, there is a list of relatively standard exemptions, that will include noise that is generated by an event being conducted under an issued Special Event Permit. Mr. Rodgers referred to an overhead screen slide and provided highlights of the proposed Downtown Entertainment Overlay District: I. Amends the Zoning Map by establishing a defined boundary for the overlay district. Palisades-Saguaro-AOTF-La Montana. Also includes the commercial end cap of the Copper Ridge propertyjust west of La Montana. 2. Creates a new Chapter 25 in the zoning ordinance that outlines the overlay's regulations. - Outdoor entertainment will be permitted at any establishment that has a dedicated outdoor seating area for food and/or beverage service. - Music will be allowed in these outdoor areas - It allows the use of public sidewalks with an appropriate encroachment permit. - It requires compliance with the State Dept of Liquor & Control regulations. - And it requires compliance with the Town's noise regulations. Page 2 d7 Mr. Rodgers said the Commission's intent with this overlay district is to allow the businesses in the C-2 and C-3 zoning districts north of the AOTF to operate under the same regulations as the TCCD zoned properties south of the AOTF and across Saguaro BLVD near the lake. Mr. Rodgers stated that staff has reviewed both these proposals and believes that they are superior to the current regulations in fairness, understandability and enforceability. Staff recommends that the Planning & Zoning Commission forward recommendations to Town Council to approve Ordinance #16-08 (the noise ordinance amendment) and Ordinance #16-04 (the Downtown Entertainment Overlay District) as presented. Vice Chairman Mikolajczyk asked how the 2010 committee was formed. Mr. Rodgers said the committee was appointed by the Planning and Zoning Commission and consisted of some members of the Planning and Zoning Commission, town residents which included an ASU professor and a Hollywood sound professional. Commissioner Jones asked why was there so much time allowed to .pass since the creation of the committee. Mr. Rodgers said some time ago, there was a major event in town and the ordinance change was postponed because it would have affected that particular event. In response to Vice -Chairman Mikolajczyk Mr. Rodgers said the committee originally considered a "generic" ordinance for the entire town. The change with the downtown district is that everyone can have outdoor entertainment as long as they meet the noise ordinance. Vice -Chairman Mikolajczyk stated the current ordinance measures noise at the property line and the proposed ordinance has two methods to measure noise, why a change in the way noise is measured. Mr. Rodgers said the previous ordinance measures noise at the property line. A golf course property line compared to a residential property to measure noise is inconsistent. By measuring not only at the property line but at thesource demonstrates whether or not both measures are in compliance. Commissioner Jones asked if Mr. Rodgers reviewed any other municipalities noise ordinance and were any of them more stringent ordinances. Mr. Rodgers stated he reviewed Phoenix, Mesa, Tempe, Scottsdale, Paradise Valley and Maricopa County. The cities reviewed did not have ordinances any more stringent than Fountain Hills. Some did not define the point of sound measurement. Commissioner Owers asked how the decision was made about the 85 decibels and 55 decibels for a residence. What is the current test for decibels. Discussion took place amongst the commissioners and Mr. Rodgers about the difference decibels and a sliding scale. Mr. Rodgers said it depends on the time of day, frequency and we do not have the equipment to test decibels. The sheriff's office would be enforcing most likely since code enforcement does not work evenings or weekends. They will be provided equipment if the ordinance is passed. Commissioner Dempster asked if there have been any recent noise complaints Mr. Rodgers said he had not received any noise complaints recently. Page 3 of 7 Commissioner Cormick asked what is 55 - 60 decibels. He then spoke louder and Vice-chairman Mikolajczyk stated it was at 89 decibels on his phone app. Vice-chairman Mikolajczyk asked if there were any one from the public wishing to speak. Mr. Bill Hinz, a Copperwynd resident and owner of Copperwynd Resort spoke in favor of the proposed noise ordinance. Mr. Hinz stated the letter submitted by the HOA on behalf of the resident from the Villas does not represent him nor every resident of the Villas. Mr. Hinz stated he owns three of the units and was never asked. He said if the propose changes in the letter are implemented it will be detrimental to his business and many businesses in Fountain Hills. Copperwynd has been in business for 16 years providing special event services such as weddings, corporate events and private parties. The homeowners at the Villas signed CC & R's that specifically state they live next to a resort and not complain about noise. Mr. Hinz said he has made adjustments to accommodate sound coming from events such as turning speakers in towards the building, offer to control decibel levels, asked music providers not to use sub woofers. Mr. Hinz urged the Town to approve the proposed ordinance as is without any changes. Mr. Mark Sahl, Attorney for the Villas at Copperwynd spoke against the proposed Noise Ordinance. Mr. Sahl provided a handout (A Guide to New York City's Noise Code) to the commissioners. Mr. Saul stated, there is an issue between the Villas at Copperwynd HOA and the Copperwynd Resort. This is more than about one business, it's about all of Fountain Hills. Mr. Sahl spoke about the two prong test, and that both must be meet. The first criteria is the noise must be thirty feet from the sound source at eighty-five decibels. Mr. Sahl gave examples of sounds at different levels of decibel. Mr. Sahl said that New York City and other cities do not have such a high decibel allowance and Fountain Hills could be the nosiest city in Arizona. He said the Fountain Hills Ordinance is not the same as other cities and there is not enough current information to support the proposed ordinance. Mr. Saul said, they, (Villas at Copperwynd HOA) would ask the commission not to recommend this ordinance to town council. Vice-chairman Mikolajczyk closed the public hearing at 7:01 p.m. AGENDA ITEMS #3 - CONSIDERATION OF ORDINANCE 16-08, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. CASE #Z2016-05 Vice Chairman asked commissioners for any comments, questions or discussion regarding agenda items three and five. In response to Commissioner Jones, Mr. Rodgers said he did not have details regarding towns with designated resort areas. Commissioner Dempster commented that residents are going to make complaints about bothersome noise. Residents are not going to know or measure the decibel level of the noise. Commissioner Dempster also stated that the low attendance of the meeting did not reflect the amount of concerned residents. Page 4 of i Commissioner Owers said that Mr. Saul stated Fountain Hills would be the nosiest city if it were to pass this ordinance. Commissioner Owers asked Mr. Rodgers for clarification. Mr. Rodgers said Fountain Hills cannot be compared to other cities. The eighty-five decibels may be one of the highest in the state. Each cities situation is unique when it comes to noise. Fountain Hills would be the noisiest town in the state only if the ordinance was violated. Mr. Rodgers also stated that a disturbing the peace ordinance is of the lesser which the sheriffs office could respond and enforce. Commissioner Cormick stated he is in support of the ordinance. He gave an example of his residence and the noise he may hear from an outdoor residential party in his neighborhood. He stated the noise is tolerable. Commissioner Owers stated he is in support of the proposed ordinance but was unclear of what decibel level would fit Fountain Hills the best. He suggested more current information and research is needed for a conclusive decision. Commissioner Jones stated he is sympathetic to both sides. He agreed to further research compiled and studied by staff. Vice-chairman Mikolajczyk stated there is no formal motion. He said he researched common noises and their measure of decibels; normal conversation- 3 to 5 feet is 60-70 decibels, phone dial tone is 80 decibels, city traffic from inside your vehicle is 85 decibels, average home ambient noise is 40-50 decibels, refrigerator running is 50-55 decibels. Vice-chairman Mikolajczyk went on to say that music would be the most common noise affected by the proposed ordinance. His research included the following decibel measurements of musical instruments; piano practice is 60-70 decibels, solo violin is 84-103 decibels, clarinet is 92-103 decibels, an auditorium with a small chamber group with 4 — 5 string instruments is 75- 85 decibels. Vice-chairman Mikolajczyk said he found the handout (A Guide to New York City's Noise Code) from Mr. Saul interesting that it lists a specific regulation that commercial establishments that play music must limit the level of unreasonable or disturbing noise that escapes into the streets or heard in nearby residences by requiring that sounds levels maynot exceed; 42 decibels as measured from inside nearby residences which is more stringent when compared to the proposed Fountain Hills ordinance. Vice-chairman Mikolajczyk said he was unsure of want the measurable decibel should be and suggested passing the proposed ordinance on to the town council to decide. They can receive the feedback from the community. He explained it would make more sense to pass it on now than to have staff do research and submit again to the commission when it would go to council anyway. He said he would be comfortable forwarding both ordinances to council. Commissioner Connick moved to recommend both ordinances to town council. Vice-chairman Mikolajczyk said he would like to see each ordinance motioned separately. Commissioner Jones agreed with the Chairman to vote on each ordinance separately. Commissioner Connick MOVED to forward a recommendation to the Town Council to approve Ordinance 16-04, related to the Downtown Entertainment Overlay Zoning District regulations and Zoning Map amendments, as presented. Commissioner Dempster SECONDED and the MOTION CARRIED UNANIMOUSLY 5/0. Commissioner Dempster suggested the new noise ordinance is matched with the Downtown Overlay and the remainder of the town keep the existing ordinance. Page 5 d7 bAr. Rodgers stated that would be a different ordinance and a new public hearing must take place. There would need to be revisions in the ordinance. It would be hard to leave one ordinance and the other move to the town code which then conflict each other. Commissioners Jones asked if a Special Use Permit would still need to be used for events? Mr. Rodgers explained there are 3 different type of permits issued currently; Special Event Permit for larger organizations events held downtown &around the park area, Temporary Use Permit for smaller size events around town, and the Administrative Use Permit which is what Copperwynd applies for after hours. These regulations would not change. Vice-chairman Mikolajczyk asked for a motion Commissioner Cormick MOVED to forward a recommendation to the Town Council to approve Ordinance 16-08, related to the noise regulations in the Zoning Ordinance, Chapter 5 and Chapter 18, as presented. Motion failed. Commissioner Jones said he got the impression he is not the only that sees both sides of the story. He suggested two separate levels of ordinances such as one residential and another for resorts. Vice-chairman Mikolajczyk said this would go to town council regardless of the vote outcome. He said he did not want to guess what the commissioner wanted such as going back to staff for research or on to council. Commissioner Dempster said we are making this more complicated than it needs to be. Weare trying to correct an ordinance that is hard to follow and enforce. Commissioner Dempster MOVED to forward a recommendation to the Town Council to approve Ordinance 16-08, related to the noise regulations in the Zoning Ordinance, Chapter 5 and Chapter 18, as presented. Commissioner Connick SECONDED. Commissioner Owers said he would prefer further research by staff before any decisions are made. Commissioner Connick said he agrees with Commissioner Dempster that we are making this much to difficult. Vice-chairman Mikolajczyk asked for anymore decision and then a vote by roll call Commissioner Connick Aye Commissioner Dempster Aye Commissioner Jones Nay Commissioner Owers Nay Vice-chairman Mikolajczyk Aye MOTION CARRIED 3/2. Items listed below are related only to the propriety of (i) placing items on ajulure agendajor action or (ii) directing staff to conduct further research and report back to the Commission. In response to Commissioner Owers Mr. Rodgers stated the lighting ordinance is scheduled to appear on the October 13' Planning and Zoning Commission agenda. Page 6 of 7 AGENDA ITEM #7 - SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER Mr. Rodgers asked for a recap regarding the commissions 3 / 2 vote. The recap would be forwarded to town council. Commissioner Jones volunteered to compose and submit the opposition. Vice-chairman Mikolajczyk said he would write the recap for the new ordinance. AGENDA ITEM #8 - REPORT FROM SENIOR PLANNER AND ZONING ADMINISTRATOR. PLANNING AND ZONING DIVISION OF DEVELOPMENT SERVICES. None AGENDA ITEM #9 - ADJOURNMENT. Commissioner Jones MOVED to adjourn the meeting at 7:32 p.m. and Commissioner Owers SECONDED and the MOTION CARRIED UNANIMOUSLY. FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: Chairman Mike Archambault ATTEST: Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning. Commission held on the 8th day of September 2016, in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this 136' "y of September 2016 Paula Woodward, Executive Assistant Page 7 of 7 W MORANLIUM FACA Founlain Hills Planning & 71can:ing Ccammission. Stan Conniak, Susan Dompstor, Howica Jancis, Gana Mikolajaayk, Roger Owors 310: F ounl ain Hill s 'flown Council DAVE: Saptembor 8,1016 RFI: [ARCPO SHDI] Ordinance 1(••08 and �PRIC PIC SED] C rdinancae 16-04 On Septemibar 8, 201(, thea &auntain Hiles Planning & Zoning Commission (AI&Z) aonsideread Ordinancea 16-08 thai e:liminatos duplicativa provi�aions in Section fl.] 9.A of thea Founlain Hills 711oning Crdinancae regulating noise. Rlealatead to Ordinance 1(-08 is Ordinanaea 16-:I 0 thal will be caonsidarad by Rowr. Counail. Ordinanco '16-10 will ahange the slaradwids for measuring and dofining noise disturbanaca in Town Code Section 11-:I A. While the noise Ordinanaa 16-:I 0 was nal direcatly caonsiderad during the September fl, 20] 6 A&Z Bowing, it was intertwined with thle issum that wora under aonsideralion. Twa excellent presentations weare miada by Thea public at the Septamber 8, 201( P& 21 hearing; one for and one against thea new noise regulation% The propo�aead Seactican 11-1-7 noise standards were also disaussad during 1ha E&Z daliberaticans as those new silandajads related to Ordinanco :I 6-C18. 31he Minutes from thle FI&Z Septamber 8 heaaring wile not be finalized and approvad for several weaks. On thea issue of C rdinancae 16-08, the vote was 3 to Ito eliminate 1ha noise reagulaticans in Secalion 119.A of the Zoning Crdinancae and to acansolidato all ru as and slandards on noise disturbance in Town Clado Secation 11-1-7. 'flcawn staff requasled 11 hat thea A&Z prepare a writllen report on the argumanats from 11 ha public and ilhea viows of Thea P&Z Clommissioneni on thea praposed now noise standards. Thea purpase is to affard Town Council a basis far undearstanding the public's views and to provide input from the P&Z on thea naew naoNea standards in Ordinance 1(• 10 and amendod Town Code 11-1-7 when they area acansidercad by Town Clounc:iI on October (, :10 16. Arguments in sauyporl oflthe new naahica regulations in Section 11-1-7 (if lthe Tawn Cade -- jProF used] C r dinance 16-04 and [Ar aaposacad] 0 r d inancse 1I6-08: ■ 11ha aurranl noise standards in 71oningl Crd:inanaa Sectian 5.19.A area difficult to ur.carsiland, virtually impossib:la to measure and unquestionably impomibla to ar.ifkiraa; ■ `➢ha proposac noNa regulw ions fkir Town Code Sacation 11-:I -7 establisli a 2 -tiered mathlod fbr measiuning exaassive noise. Mla 2 -tiered process: (11) avoids 1Iha single po:inl of mamurament test ullilizad in tfla axistingl Zoning Crcinance Secalion 5.19.A and in soma of 1Iha ssunaund:ing caommurit:ias (Scoblsdala, Plarad:isa Valley) whlicli measuras the na:isa at thle property lino of thla praparly thal is ilha siaurcia of lha noise; arae (2) focwias on what is important — measuring ilha impacat csflthle noise at lfla siourcae of the aamplaint (thle auVs:ida wall oflthe strualura of1lha complainant). Fountain Hills is in— or wands lobe in —a transition phasa to attracrt naw rasidanils. Wa want youngar re,iidants. Rllecant developmaml projecils have bean pram allad and appravad with) tha goal that these projects will atilract younger ras:idanls- thlat the downtown area (jin particular) will become a vibrant, aciliva anv:ironmenil -- a musl-ga-see typo of place. Vola want naw retail, including glruatur dining options and whin available, more antertainmenit fksr patrons oflthase witabl:i shments. We will not achiava thase c as:irad goals :ifleveryona insists thlail thle:ir righlt to have nothing disturb their paacu and quiat is paramour l 4 a thle rights of othleni to anj oy musii c, to have a backyard party with enters ainment, or fbr t usinesssus to offer unlarta:inrriant options for its patromi. Fountain Hills will not bacaome miara vibrant and more attractive to younglar residenVs if evary aitiaen wants la encase himsulf/hersself in a but baa of silancae — silence thlat can ba achieved ONLIY by denying lhair ne:iglhboni the rigtlt la enjoy their livesi as thery wanl to an,oy 11 ham, with musics and the ard:inary sounds ofll:ifE:i. What is the prapar slandard? 1lflare is raom for deba4a and perhaps csornpramisa. Thle prapossed :I-liered measuring systarn ssatss a maximum limil of aitliar 8-4I or 75 decibels (dB) maasurad 30 fbet frame tha siciurca depending on tela lime aflthle day, and thle sound must also impact whore lha caomplainant :lives at a m aximum of aithar 59 or 45 dB (also dapandingl on tha t:imia of c ay.) What ane lhasa maaswes? Hara ara a fbw axamples: 39-4 `I A au arage amt i ent nai se in a house. 6CI-( -`I A normal conversations at 3 fbet. 6CI-70 dB normal piano pracatiaa. 73-8-`I A ahamabar music in a small auditorium. 8222 dB violin. 84-103 dB laud piano pracil i ce. 8-41-114 dB alarinell. 2 106 dB tympani and bass drum. 120 dB amplified rock music at distance of 4-6 feet. 120-137 dB symphonic music peak. 150 dB rock music peak. Source: http•//www.ecaudio.com/resources/howtos/loudness.html The standards in amended Town Code Section 11-1-7 will limit the volume to 85 or 75 dB as measured 30 feet from the source, and it must be no more than 55 or 45 dB at the end point where it impacts the residential structure of the person lodging the complaint. The above list of standard volumes for some of the entertainment and other events that we encounter on a daily basis supports a conclusion that these new standards are not excessive. There are some unknowns, there is room for additional research and perhaps room for compromise. Below are two ideas, questions and comments: ■ What is the distance between an 85 or 75 dB sound measurement and a structure that would experience the same sound at a 55 or 45 dB level? In other words: if a noise is measured at 85 or 75 dB 30 feet away from the source, how far away will a residence have to be for that same sound to register either 55 dB or 45 dB at the outer wall of that residence? There are formulas to determine these standards. ■ How will these regulations affect dwellings that are close together? Since both standards have to be violated, what is the impact if only one is violated but still the recipient of the unwanted sound views it as a disturbance and a noise nuisance? Example: houses 50 feet apart. It is 11:05 pm and the sound as measured 30 feet from the source is 75 dB and thus complies with the first leg of the two-tier test. But at the outer wall of the other house the sound registers 50 dB, a level that the resident of that dwelling might consider to be excessive. Under the new Section 11-1-7 standards there is no violation of the noise ordinance. Can the person generating the noise still be cited for disturbing the peace? Since the Sheriffs Department will probably be asked to respond to any complaints, Town Council might request input from the Sheriff's Department's on its experience enforcing noise regulations and/or disturbing the peace enforcement standards in other communities. Conclusion: The proposed Town Code Section 11-1-7 noise standards might require some tinkering and fine tuning. The proposed standards are unquestionably an improvement over those in the current Zoning Ordinance Section 5.19.A, and Town staff should be commended for their hard work. Particularly attractive is the second part of the two-tiered standard which focuses on the important aspect of any noise ordinance — how does the sound impact residents in the surrounding dwellings. This is a preferable measuring standard than the single standard in the current code, which measures the sound at the property line of the source with no consideration how it ultimately impacts others. Argumfan tsi against the nfawa no6c rfigu lations in Swition 11.1-7 oil the Town Code -- jPnoposied] Ordinanefi 1644 and lProposfid] ondinan(ic 16-08: Mere is sorr ei comm can Around of agreaement with those who favor approving thea propased now noise regulallions: We agree that the axiiting noise standards in Zoning Crdiinancae ff1.19.A arca uncinforacaable and must ba replacaed. Tlhe poi nts of I di mgmement are two -fold: ■ How wenci tole proposed new standards developed and is :iil appropriatea to Table the mat7ler pending fiirnheir study by town slaff and any audio or ci leir cixperts? ■ Aye thea new standards the beisil for our aomimiunaq? A reilateid quesation :is shlould theara ba diffl areant noise standards appliicaablea to areas of town whearea tharci :is ongoing and antiaipatead enteirtaanmient such as lhla downtown businass d:istr:icat and areas suncaund:ing cintertainment canters, and a di fftarent noise standard for residential comm un:i l i es? Hisatory of the now standards Tlha stafflreiport preparead ftir the Septeamber 8, 201E P&A blearing reicounted thea eaffbrts Io fbrmuaate a now town noise ordinance. The P&21 created a subaamrr. itteiei in 2010 to analyzea the eaxislling noise ord:inanae and to reaamirr.iend any ahang as. Unforlunate:ly na onei on lhle aurrcint down stafflwas part of that:1010 ciffbrt. Thle beast that memoricas caould recall is tole subcommittciei iinaluded Iwo audio spacialisls with extensive commercial and aaadeamic experieanaea. From I hat subcomm:itl eea camea tHea twa-iI i ered I esl for deal ermining what is a noir sea violail i on: (1) mieasurca thea sound at a speaaificad distance frami the sourcea; and (2) rr.ieasurci ills impacll all tHci point whlere thle violatkin is alleged Ila be oacaurriing. The sub-caommitileie appareintly reajected thea single point of micaasurcamient in the existing Acan:ing Ordinanco Sciation _41.19LA, (measure Iha sound at the neamesat property line cif Ithle parson geanearating thea sound) sincci tblat measuremeant m:ighlt be imipractiical at a reasort or a golf clubhlousea wherea the propeany boundariies are unusual and micaasuring the sound al thea propcirty linea might Have little or no bearing on how thea sound impacts lhei nciareisil resident. But the records oflthea 2010 subcommitleea are all tblat wea Have to go on in detearmining what shlould be thle naw standards. At a rninarr.ium, Ihlei matter sHould ba returned Io town sataff fbr furtHcir sludy. Among ihea issucis fbr flrnhear study: (11) how does thea proposed ord:inancae aamipare Io otbler caommuniticas; and (2) shlould therea be difftareant noise ondinanaa standards for arcias of tawn that offer ongoing eanlertaiinmient (particularly ouldocir entertainment), and different standards for rcas:i deanl i al di sl ricts? Problems willh the nranosed standards `Phe proposal is to ciliminale lhei existing nisei silandands in Zoning Crdinancci Sciation I] 9.A and reiplaec tharri with now standards :in Town Code 9ciction 11 -'-7. `Phare is a seirious flaAA :in the aun ant propo,,icid standards and in its enforcamicint. As idcnlifrcid in thea statamient by thlose ,,iupporting 1ha ehangas, the naw standards cistablishl a 2- stap mcilhad for measuring sound, and EICTH sound mawiuring steeps must bei violated. WE He lhlisi might wark fir re,,iideinces spaced far enough) apart, :i1 is not practical firer re,,iidences alosa 1 ogethler. 11 is a hia not pr act i cal for residences situated where sourc' might cavy and even t a amplifiad along a canyan or a wash) or other topographic fonnailion. Aon example, sound thlal complies vwilh the 73 or 85 dB rule mcaisured ?IO fdet flrarri the sourice might not be accc111able to lhle ultimale raaipicnils if iil reacheis their harria al a level of 60 or 10 dE1. `Phle posit:icm staitemenl by lhase in favor of the new standards glosses over lhlis saf ious flava by arguing trial the issuci will t a pushad offlto lhei Sheriffs Department, whiahl can resclvei any disputa by aiting lhle sound geineiiator with a disturbing lhei peace aitation. Any noise ordinance That deems this a "soluticn" is one that is flawed and should not ba approved. Conalusion. A new noise ordinanae is naeded. Befoie `flown Courcia moves forward, further rasaanchl is naeded. Wei are proeeieding on a cowis laid out in 201(1 by a subcomrr ittaa of the P&21 whose work is not fully understood. Thle proposcid noisy standards mighlt t ci on iIhei righiI path) by focusing on haw tha sound affdcts those neighbors closest la the sound sourae. But it may bei flawed in requiring that both stops cflthle 2 -step c acibell tast must be axceeded ftm a viclaticm to occur; further axplanation is needad. A seeand conaern is whether the proposcid decibal standards ( ., 93/73 and _`15/45) ane appropriate. te. A lhird concarn is wheither iIhei Towr should considar adopling diff✓;ircinl noise standards for rasorts. Binally, pushing anforcarrient ailtemalives to the Sheriiff ,,i Dapariment i,,i not a sclution la the problcrris that will ba crciated by lhlei proposad naisa ordinance. 'Pha dissianting Commissioners recommend furhar :iludy to addres,,i these concerns before rciaommending aidaplion oftha ordinance. 3 R-23 Maricopa Cc unty Noise C rc inance Adopted: February 15, 2006 MA RICIC RA CIC U NTY NC ISE ORDINANCE P-23 I. Purpcse At and above ceir'airi levels, noises is detnirrienial to the health and weilfane of Manicopa County citizens. -11hereifone, Maniciopa CcunN has deitEunrriined that it is in the teist interest of its citizeris to coriinol noises in a manner w h ich promotes commerce; the L se, valuei, and eirijoy rrient of property; sleep and repcse; anc environmental quality. Theirefore, it is f ereby declared io t e the policy of Manicopei Clourity to pnohit it e) ciessive, unnecessary, disrup ive, and armoy ing rioises from all sourcieis. II. A pplicadility In 0e abseince of an intergavernrriental agreement, this ordiriance sF all nci apply io any inconporated oily on towri, on any Indian neservation, and shall apply only to uninccrponaied areias of Maricopa Coy nty. III. Deflinitioris p. A dministratc r: Means the Maricopa County 8card of SLperviisors or their a0l' orizeid repnesentative from a Mariccpa County c eparment, including thea Maricopa Coy my S h eriff. B. Cut -Out/ BypaEs d Muffller Elimination System: Means any devise used on a motor v ehiclei to avoid on cinU rrivent ft a mufflen system, or which increases or amplifies ncisei made by a motor veil' icle. Ci. Emergency MehicleE: Means veihicles of the fire, policies, and public seirviice departmenis aric legally authorized arribulanceis and erriergencry V& icles of state depart rrients and any pcilitioEil su bdivisions tF ereof, and V& icles of pu blic service corponations. v. Emergency Wcrk: Means wonk requined is nesiore prorlerty on irifnasinIL ciu re to a safes condition following a natural cr human caused disaster, work reqs ired to pnoieci persons on property from an irriminerit EXrIOsune to danger, or wonk by public or private Liilities for providing or reistoning immediately necessaryl utility seirviceis. E. Noise: Mearis a soy nd emitted fncm any and all soy rces and is typicially characterized by intensity, duraticn, and kind. F. Motor Vehicle: Mearis any vehicle which is self-pnopelled and is used pnimarily for transporting peicple or propeir. G. Muffller: Meians if a part of the exhaust systeirri of a motor vel'icle that is intended io reidL ce noise. H. Penson: Mearis any individcal, finrri, association, partneirshirl, corporation on any other public or private entity. Planned A clivityl: Mearis any lawful event occumiirig ori a periodic basis all a vent a where people asserrible, and that is anticipated and lawfc Ily allowed to ocCL r on a peiiiodic basis. Prciperty: Means something lll"at is owned or possessed by a person, or sometl" ing io whicil• a person has legal title. IV. Nouse A. Motor Vel icles 11. It is c nlawful for any person to operate any motor vel" icle that is riot equipped with a mufFleii in good working order anc iri corislant operation to prevent excessive noises. 2. It is urilawfc I for any pemson io operaie a motor veer icle eiquiclpeid with a cut-out, by-pass, on similar muffler elimination unit, or to operate a mollor vehicle wift c evices it at amplify] rrioior rioise or motor veihicle exhaust rioise. 3. It is L nlawful fon any person to sounc a horn, signal, or noise device ori any motor vehicle for any purpose other than those allowed t state law. It is unlawilL I fon any person to operate a mollor vel• icle iri SLch a mariner as to caL se on allow to be emitted sqL ealing, screeching, or oil" er such souric from tF a tineas in contact with the ground because oil rapid acceleration, excessive speed, or olll" er SLch reasons. Soc nds rest Itincl from emergency decieleralliori bnaH ing to a%oid danger shall be exempt ilrorri this section. 5. It is unlawful ilor any peinson to cal. set the eixceissivei revving of ariy motor vehicle erigirie w l" He SL ch vel• icle is noll iri motion, excepll w hein c ones do ring # a reclain or ies1ling of sc ch vel icle between the hours of 7:00 a.rri. and 8:00 p.rri. provic eid III a following conditions are rriet: a. The mollor %ehicle erigine is eiquippeic with a muffler iri proper working order and in constarill operation. b. The motor ver icle engine is riot eqL ipped with a cu 1 -out, t y - class, or similar me ffleir elimination unit. C. The mollor vehicle erigine is noll eiquippeic with any device that amplifies mollor noise or motor veil" iclei eixhal. si noise. B. Animals [RBSBFIVBD] C. Fladios and Mound Arripliflcation Devices I It shall be unlawful for any person to operate any radio, loudspeaker, musical instrument, or other sound producing, sound reproducing, or sound amplification equipment which emits noise that can be heard from within closed residential structures located within 500 feet of the boundary of the property from which such noise emanates. V. Public Disturbances A. It shall be unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, any noise which disturbs the peace or quiet of any neighborhood if such noise can be heard from within closed residential structures located within 500 feet of the boundary of the property from which such noise emanates. This subsection shall not apply to noise produced in the normal conduct of business provided that such noise occurs within the normal and customary hours for the conduct of such business, which is based on the normal and customary hours of operation of similar, existing businesses, and the operation is legally conducted within the scope of all ordinances, laws, and statutes of Maricopa County and the State of Arizona. B. It shall be unlawful for any person in or upon a public street, alley, or public place within unincorporated Maricopa County to make any loud or offensive noise, to speak in a loud tone, or to scream or shout in a manner that disturbs the peace and quiet of people living in the vicinity thereof. VI. Exemptions A. The following noises shall be exempt from the provisions in this article: 1. Noise originating from aircraft in flight and sounds that originate at airports and are directly related to flight operations. 2. Noise emanating from emergency vehicles. 3. Non -amplified, customary noise emanating from public and private nurseries, daycare facilities, schools, and colleges. 4. Noise emanating from mechanical devises associated with heating and cooling equipment and pool pumps when functioning in accordance with manufacturer's specifications and is in proper operating condition, and that no units emit noise that can be heard from within closed residential structures located within 500 feet of the boundary of the property from which such noise emanates. Customary noise associated with property maintenance, provided that such maintenance occurs between the hours of 5:00 a.m. and 9:00 p.m., and with all manufacturers' mufflers and noise -reducing equipment in use and in proper operating condition. 5. Non -amplified crowd noise resulting from planned activities. 6. Noise emanating fiiam watercrafil. 7. Noise emanating fiiam alarms and ott eii warning c evicies not operated continL ously for more IT an thirty miriu tes peri incident. 8. Noise errianaiing from the c ischarge of wearlons for lawfu I purposes. 9. Noise emanating frorr corisllrL cJori and repair eqL iprrent wt en usec iri corriplianoe wilt• exisJng Maiiiaopa County rules and regulations. 10. Noise creErled by lawfu I pickets, march es, paiiades, rallies and otheii public events. 11. Noise ciieated by bells or chimes not opeiiailing foil mare than it ree minu tes in any one t ouii and if opeiiaiec between it a hou rs of 7:00 a.m. and 9:OCI p.m. 12. Noise crealled by legally autharizec rrotor vehicle raging e%ents and facilities when operating witt iri the requ hierr ents of Marioopa COL my ordinances anc ciodes. 13. Noise emanating fiiarri trains and associated repair and maintenance equipmerii. 14. Noise emanating fiiorr power plarit equipmerii during normal operations. 15. Noise emanating fiiam safety) signals anc warning devices. 16. Noise erriana ing fiiorr agiiicultural equipmeriil when used in conriection with farming operations. 17. Noise creEfled by emergency equipmerit and errergericy work in the interest of law eriforcerrient or in the protection of oarrimuniiy health, safety, or welfaiie. 18. CLall orriary noise emarating from designated parks and playgiiounds. VIII. Administral is n & Enf� rce me nt lite admiriistraton anc the adrr inisilrailor's designee are authorizec and dinecied to adrr inister and enforce all rirovisions of this chapter. L pori request of tt a ac minisinEiior, all other Marioapa Coy my departmenis and c ivisioris may assist in enfoncerrient of this code. VIII I. Penalty A. Any riersori violating any pro% isiori of this cif• arlier is gc ilty of a misdemeanor, and L pori corivictian it ereaf is pIL nist able by a firie riot to exceed it ree huridrec dollars (1$300; for the first offense, five t unc red dollars ($500; for it a secoric ofierise, and seven t unc red fifty dollars ($750) for the it ird anc all subsequent offenses. Each day a %iolation continues or e) ists shall be a sepanaie offense su bject is punishment as a separate misdemeanor. Provisions of this ordinance shall be enforced through the Manicopa Clountyl Jl siice Coy N9. k B. The admiinistraior is authorizec to provide violators with a written warning tt at the ofilerding noise miL St cease within a specified perioc of time. til the offending noise coes riot cease within ite ad minisi rai or's identified timeframie, the person in violation of itis orc inance shall t e gL ilty of a misdemeanor and be sL bjeci to Re penalties identifiec initis Chapter. IX. Reccvery ci Abatement Costs In ac diiion to any other reasonable means authorizec by It a court fon it a necoveryy of money experdec by Vhe COL my io abate a ct ronic noise nuisancie, the expense shall be a special assessment against it a property upon wt ict the chronic noise eAsied arc be collected pIL rsuarV to existing coy my regi lations anc laws. P-23 Ma ricc pa Cc unty Nc ise C rd ina ince Adc pted: Redruaq 15, 2006 E C try c De CHAPTER 12 OFFENSIVE, EXCESSIVE, AND PROHIBITED NOISES (749,1635,2034,2466,2610,3770,4028,4253,4942,4962) oYD.7� SECTION: 6-12-1: INTRODUCTION 6-12-2: PROHIBITED NOISES, STANDARD 6-12-3: OTHER PROHIBITED NOISES 6-12-4: UNRULYGATHERING 6-12-5: ABATEMENT OF UNRULY GATHERING 6-12-6: GENERAL EXEMPTIONS 6-12-7: TEMPORARY EXEMPTIONS 6-12-8: PERSONS RESPONSIBLE FOR NOISE VIOLATIONS 6-12-9: ENFORCEMENT 6-12-10: PENALTY 6-12-1: INTRODUCTION: Certain noise levels must be tolerated by all citizens in order for the normal functions of city life to continue. (4942) However, any loud, unnecessary, or unusual noise that is excessive, disruptive, and/or annoying is subject to regulation as provided herein. (4942) Children playing, construction equipment, barking dogs, amplified musical instruments, trach trucks, airplanes, and loud parties are all examples of noise found within our community.(4942) 6-12-2: PROHIBITED NOISES, STANDARD: (A) The following activities are prohibited if they produce: (4942) 1. Any loud, unnecessary, or unusual noise that is excessive, disruptive, and/or annoying; and (4942) 2. Are continuous or intermittent for a period of at least fifteen (15) minutes; or (4942) 3. Occur after 10:00 p.m. but before 6:00 a.m.; and (4942) 4. Are plainly audible beyond the property line of the property on which conducted; and (4942) 5. Disturbs the peace and quiet of a neighborhood or a reasonable person of normal sensibilities or special event. (4942) (B) Allowing or causing any noise by using, operating or permitting to be played any electronic music device, television, amplifier, musical instrument, or instrument, machine or device used for the production, reproduction or emission of sound. (4942) 6-12-2 6-12-5 (C) Creating or allowing any noise in connection with the loading or unloading of any vehicle. (4942) (D) Owning, possessing, harboring or permitting any animal or bird which frequently or for continuous duration howls, barks, meows, squawks or makes other sounds. (4942) (E) Allowing or causing any malicious or willful shouting, yelling, screaming, or any other form of mucous vocalization by a person or group of people. (4942) 6-12-3: OTHER PROHIBITED NOISES: (A) Use any automobile, motorcycle or other vehicle, engine or motor of whatever size, stationary or moving, instrument, device or thing, in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise, (4942) (B) Operating any mechanical device operated by gasoline, or otherwise, without having a muffler, in good working order and in constant operation, to prevent excessive or unusual noise and smoke; and no person shall use a muffler cutou , bypass or similar device. (4942) (C) Operating or permitting the operation of any sound amplification system in or on a vehicle in such a manner or with such volume as to annoy or disturb the peace and quiet of any reasonable person of normal sensibilities or neighborhood in the vicinity. (4942) (D) Operating or permitting the operation of any sound amplification system in or on a vehicle in such a manner that the sound is plainly audible at a distance of fifty (50) fee[, or in such a manner that it causes a perons normal sensibilities to be aware of vibration accompanying the sound at a distance of fifty (50) feet. (4942) (E) Maintaining or operating an outdoor speaker that is affixed to any structure or placed upon any property where: (4942) 1. The speaker is audible for a distance of more than fifty (50) feet from the source; or (4942) 2. The speaker is two hundred fifty (250) fee or closer to a location that is zoned or developed for residential use. This restriction shall not apply to intercommunication systems that are utilized from 9:00 am. to 6:00 p.m. for the sole purpose of conducting the internal business affairs of the establishment. (4942) 3. This provision does not prohibit use of an outdoor speaker where a temporary exemption has been granted by the City Manager or designee. (4942) 6-12-4: UNRULY GATHERING: A gathering of two (2) or more persons on any private or public property, including property used to conduct business, in a manner which disturbs the peace and quiet of a neighborhood or a reasonable person of normal sensibilities and/or creates noise prohibited under 6-12-2. (4942, 4962) 6-I2-5: ABATEMENT OF UNRULY GATHERING: A peace officer may abate an unruly gathering by reasonable means including, but not limited to, citation and/or order dispersal of the persons attending the gathering. (4942) 6-12-6 6-12-7 6-12-6: GENERAL EXEMPTIONS: The following activities are exempted from the provisions of 6-12-2 and 6-12-3: (4942) (A) Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster; to restore public utilities; or to protect persons or property from an imminent danger; (4942) (B) Sound made to alert persons to the existence of an emergency, danger or attempted crime; (4942) (C) Activities or operations of governmental units or agencies; (4942) (D) Parades, concerts, festivals, fairs or similar activities that have been approved by the City for a special events permit; (4942) (E) Athletic, musical or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of public or private schools, and public or private colleges or universities; (4942) (F) Activity, including commercial activity, which is permitted under the zoning code. (4942) (G) Construction, repair, remodeling, demolition, drilling, landscape maintenance, landscaping, lawn or yard work, wood cutting, including crafts and hobbies, or excavation work conducted between 6:00 a.m. through 8:00 p.m. Mondays through Fridays. Alan, a person may engage in or allow such activities at that person's residence between 6:00 a.m. and 8:00 p.m. on Saturdays or Sundays. (4942) 6-12-7: TEMPORARY EXEMPTIONS: (A) The City Manager or designee is authorized to grant a temporary exemption from the requirements established by this article if such temporary exemption would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary exemption is sought. (4942) (B) A temporary exemption must be in writing and signed by the City Manager or designee and must set forth the name of the party granted the exemption, the location of the property for which it is authorized, the date(s) and time(s) for which it is effective. (4942) (C) A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity, which in no case may exceed thirty (30) days, unless otherwise specified. (4942) (D) The following factors shall be considered by the City Manager or designee in determining whether to grant a temporary exemption: (4942) 1. The balancing of the hardship to the applicant, the community and other persons in not granting the variance against the adverse impact on the health, safety and welfare of persons adversely affected and any other adverse effects of the granting of the variance; (4942) 2. The nearness of any residence or residences, or any other use; (4942) 3. The level of the sound to be generated by the event or activity; (4942) oL►•fyil 6-111CI 4. Whelhen III type of saund to be f1pioduced by the event or aclivity is usual or unusual far the location or eirea far which the variarice is reclues1ec; i14S14a; 5. The( en silt' of papa lad icor of the area in v♦ hich the ev en'I ar aclivity is 'lo table pllaice; (4 94 2; 6. The time of cat' ou riglhl which 1ho aclivity or evant will tab pllaice; (4942) 71. The nadunci of 1he sounc 1a be plraducec, inclucing bull nal limitec 1a whelher 41 he sounc will be steacy, inlerrrit7en4I, impulsive an neple1ilive. i14S14a; 6-12-8: PHRSON51 RIESHONSIBLH FOR NIGISE VIIOLATIC)INS: 11A) The persari resplonsible fun ain activi'ly thal violates this seclion shall be c eemod resFllarisible fun 1fle vialartian. (4 94 A' I113; If lho plensar resplorsible fan eiri aclivity ilhal violartes this secliari cannat be cetamdriec, the cmrieu, proplerty mariagleu ar ageril of the awnen, splonsor of 1he event, lossee an accupaint of 1he plrafllert) an which Ihe aclivity is lacaled shall be c eurnec responsible far the violalion. X14514.1; (JC; Anj persari in aittendancie mha ungaglud in any conduad causing 1ha distunbarcie may alsa be deemed responsible far the violalion. 114942; I11)After ilhree (13; viclailicins on the same plrapert), in acditian la the above, lbe owner of ilhe plrapan) maj alsa be c eemec nesplansible far 1hei violation. ij4SI4'( 6-1:1-9: ENFORCEMENT: IJA; THe Flolice Ileplarmerl and any atHen City defllartmenl as cesignalec by 1He City Manager is authaniaec to enforce the ppiovisians of this 3ac1icn. A complaining member of the plublia shall nol necessarily be nequiued to applear iri ciaurt bedare a viclarlor may Eu founc uesplonsible far a violalion of this s eclian. (� 5142, 4SIU) (113; Clfficieus nesplanc irg 10 a ciampllaint unc er the pnovisiors oflhis secliari mail: (4W]) 1. Advise the acinciernec paries of Ihe viclaticin anc seek to gIain voluntairy camflllianae; on 114SI41, 2. Issue a ciiv it infilaal ian v ialad ian. (� W 7J) 6-1;1-11 CI: PENA LTY: (JA; A ny persari v♦Ha sHall violates any of the pinavisians of this Chaplteir ar of 1He Mesa City Cade as amenced Heuein shall be guilty of ai ciivil irfrlaciticn. (1z S143) (113; The penalty far a plersan founc resFllarisible for a flnst violation sHall be a mandalary minimum fine cd two Hundrec and fiftj collars I1$115(1110'; a mardaory minimum firie of flve huncued dcllars (115C10.(101) for a sucord vialartian; aired a mancalory minimum fine cd two tHousanc eirid flue hundrac collars i1$12,50CI. IQ fou al lhirc ar subse(luenl vialalion. 114942; (JC; THe Caurt mail, iri its own ciscrelian, gpianl cosi recovery for lane enfcuicament services and,lor eslatllish al surcharge. I j4 514 :1; (ID Each subsequcn-1 vialeAian shall he a separale affanse, puriisflabla as hereinabave describe( . (4942; .4x'gZvi C FIHHNSES Article 10-7 CC NTRCIL CIFI ENCESSIVIE NOISE 44 601 1(1-7-1 Plurfosci ofArlic'.1a 1(1-7-2 Definitions 522 607 1(1-7-:I Stationary or Flixed Noise Sourcies 607 1(1-7-4 Motor Vlehicales 601 1(1-7-5 Constructican and Related Activiticis 522561 971 1(1-7-6 Sound Lovol Measurcim ent C ril eria 607 1(1-7-7 Hxeimptions Section 10-7-1 Hurfose cif IArticile A. The making, croating and maintaining of oxacissive, unrecesmq, unnatural and unusual loud noised whish arca prcalongod or unr atwaa in a spcicifia tirr ei and pllacci ane caonsidearead a deatrimcinl to public haalth, safdty, wealfare and comfort, caonvanienaea and prospearity ofIthe reasideanls cif Ithe down of Paradise Valley. H. Noises of thea type deisaribead in sub�ieiction A, supra, area found to be on the increase in oxleinat and volume within thea Town cif IHaradisea 14allay. Noiscis are rr. ciasurah ]a and theair ealimination or cacanilrol is considered to be a matter oflleagislative daterrnination and public pcalicy in mainlaining and pre�aearvir g public r caalth, safi;aty, wealfare, prosperiq, caomifl`ar7, caonvonieince, peacia and quint of the 'Ikawn of Plaradisea NlalleaN and its resideir.t% C. III is I hei inl enat of l thle 'Hcawn of Paradise Malley Ica periodically rea-caval uato sl atod quantitative noisci lcivol limits and thle calhear standards establ:ishled by state and federal agencies as weila as thosea contained :in thlis noise acanilrol ordinance; the right to adjust such standards in acacordance wilh future deavealopmiants in Ira teachncalo�IN and stalla of thle art is ratained bN the Town of Paradise Valley within its Town limits. Seacation 10-7-2 DefinD ions 922 607 In this Anti cele, unless thle caonl mats othemii sa requirea: 1. "A" Hand ]eve] means thea total sound leveal of all noise as measured with a sound level mater using 11' ea A-weightead scaalea. Thea unit caflmeasunement is the dB (A). 2. "AmbientNoise" means thea aill-encompassing noise associated with a givean environment, being usually a aomposila of sounds from many sourcae% neaan and fhr as measw ed on an A -we:i ghtead scaalea. For the purpose of l hli s chaptor, ambient noise level is 1Ihei A-woighlled :Iciveal obtained whan thea noisea leaveal :is averaged over a pearicid oflfifteaen (15) minulesa, without incalusion of thea raoisea generalled from 1ha isolalad ident:ifiablea allaged violation noise source, ail the localion and lime ciflday near that at whiah a comparison is to ba madea. 3. "ANSI" means the AmaricanNaticanal Standards Inslitute or its sucacissor bodied. AI] acoustical lerminology shall be That aanlained in ANSI Spaciificalions far Sound Leven Metars S'l .4-11983, or its �ivaciessori. 4. "D uc:ibel" means a logarithmic unit of meaasuremcinl which ind:icaatas lhci rialio betwean twa quant:ilies acammican:Iy rieifened to as eleetriici or sound energy 'Icivels, or Ilressurca level] s. C ne decai bel on the A-wai ghted scale is abbreivi atcid "dB (A)." 5. "Es�ieintial services" means thea erecilion, cionstruclion, alteration or maintenanaea by put lie util itieas, municipal deparlmients or acammissiomi, or anal govean meir,tal agencies of underground or overhead gas, elcicatricaal, sleam can water Iransm:ission or distribution system, ao:Ileetican, acammun:icaat:ican, supply or dispasa] sysatem, incaludinig poles, w:ireas, mains, drains. sewers, p:ipcis, conduits, caables, fine alarm boxes, palicea call boxes, traffw signals, hydrants, towers, elecalrica] substalior.is, tealefhonea eaxcahangea buildings, gas regulator stalionis, aanneation than avwilh. reaasonably necessary Mir the furnishing of ut:i l ity serviaea by such publ i ca ut i l i ti els,, municipal deaparl ments, commissions or any governmenVal aEleincaies, or for the public heaalth, safety car weal fare. 6. "Aluctuatinig noise" means a nioisea whose sound pressure level varies significantly bull does riot equal Thea amibier.it eanv:ircanmeanlal level movie Than once during the paricad of obsearvationi. 1. "IEC" meaans Imlerriationa] Eleacatnoteahnlicaal C ommission or its sucacaessor bodies. 8. "Impulse na:ise" meaans brief eaxcaursions of saund prassurci which signuficanlly axaeied the ambieanl environmenVal sound preisswie. The durailion of a siing]a :imipulsea is Iess than tinea second. 9. "Intarmiitteanl noise" means a r.ioisea whose sound pressurie level equals the ambient environmental Iavel two car movie limes dwing 4hea period aflabservatiican. Tho periods of timie during whiah the leve] of the naisea remains at an essenlially conislarat value different/ from Vhat of thea amibiar.it noise level is on 4hea order of ani seacaond or more. ICL "Llegal holidays" mieianis Christmas Day, New Ycian's Day, Marlin Llulhar Kling Day, Mcimiorial Day, Independenicea D ay, Llabar Day, Matenan's D ay, arc Thanksagiiving Dail. 11. "Malar vehicala" means any passar.igari vehicale, trueld, truck -trailer, tra:i]en, cycle, car seamii-trailer propel ] ed or drawn by miuchaniaal power. 11. "Aerson" means ev eery natural penicin, firm, partnership, amoc i al ions or caorporal i or.i wh:iah may own, opuratea or control those devices car faciliticas huruin described. 13. "Repetitive impulse noise" means micarea than five :imipu:lses per haur. 14. "SAE" means Society of Automotive Engineers or its successor bodies 15. "Sound level" or "noise level" means, for airborne sound, a weighted sound pressure level, obtained by the use of metering characteristics and A -weighting as specified in the referenced standards. Whenever the A -weighted scale is employed, it must be indicated. 16. "Sound level meter" means an instrument including a microphone, an amplifier, an output meter, and frequency weighing networks for the measurement of sound levels which satisfies the pertinent requirements in ANSI S 1.4-1983, or its successor. 17. "Sound pressure level" of a sound, in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure of this sound to the reference sound pressure having the value of 2 x 10-4 dynes per square centimeter. 18. "Steady noise" means a noise whose level remains essentially constant. 19. "Sunset and Sunrise" shall be as determined by the U.S. Naval Observatory Standards Sunset and Sunrise Table. Section 10-7-3 Stationary or Fixed Noise Sources bot TABLE 1 Limiting noise levels for stationary sources MAXIMUM ALLOWABLE TIME NOISE LEVEL dB (A) 7:00 a.m. to 10:00 p.m. 56 10:00 p.m. to 7:00 a.m. and on all Sundays and specified legal holidays 45 Table 1 sets forth the noise level limits for stationary sources, and it is unlawful to project a sound or noise, except those 1. All measurements of noise levels shall be made at the property line of the property on which said noise is generated or perceived, as appropriate, at an elevation of not less than four (4) feet above ground level. 2. Noise level limits specified in this section shall not apply to residential air conditioning equipment and swimming pool filtering equipment when functioning in accord with manufacturer's specifications and maintained in proper operating condition. Section 10-7-4 Mal or Vahiclas 607 TABLE 2 TYPE C FI VIEHIC LF1 1. Ary motor vahi c.l a operatad on any pub:l i c straat :I. A ny rearaat:i on -type motor vehl c] e aparated cin any sits not Iacated on a pub] Jc stracit or highway, whalhar or not ragi�ilered fon road ma by tha Slate of A.iizana (inc:ludas rameatkinal veh:iales, sandbuggies, ala -karts, trail b:ikas, min:ib:ikas, a]1-tanain vahiclas, but axal Was corlstruclion aqu:ipmant) MAXIMUM ALLOWABLE NOISIE LE`IEL 79 dB (A) when postad spaad :limit is 35 rnph or les,,i or 82 dB (A) whari postad ,ipaed :limit i,,i oven `I miphl 82 dB (A) A. Na motor vahicle of a lypa described in Tabla 2 shall be aparated at any tima on undar any acind:ilions that shall axaaed statad limits ,ipacifiad in Mable a. `➢his tabla shall aanform wi11h the fodaral and stats regulallions whenever app] icabla. EI. Elvaq motor vahiale shall be equipped al all times with a muffler in good wark:ing coridiition to prevent excessive or unusual noise. No parson shall usa a muff or aut-out, bNpass or similar daviiae upon a motor vahiale ori a down streal. C. Noim :levels shall ba maasured at a distanaa of not less lhan fifty feet fiiarn the center lino oflvehlcile lraval and ,,shall ba measured in conformance with ANSI S'l .4-1983, ar its succassar, and with SAE Standard JI -184; tha Mound :lavel mieter used fir such measurements must ba Fiat for fast respanse an the A-waiighlad scaaa. Secl i on 10-7-5 Construction and Ral atad Acl i viti as 111 '161573 A. It is unlawful for any parson to oparate or permit to ba opeiiatad any pi:la driver, powar shoval, iiotary dn:i]] or augar, loader, prlaurratic or hydraulic hammer, or bulldaaar, in any building, construction, damolitian, :land cleaning, axcavatian or similar auts:ida comilruation, batwaen sunsal and surui�ia on Manday thilough Friday, and at all timas an Saturdays, Sunday�i and designated legal holidays. B. It shall ba unlawfiul for any parson Ila perform oii causa to be perforrrlad tha maintenanca or serv:iaing of construat:ian vahiclas ar equipment ar to daliver ar miusa to ba de:livared aanstnatlan agUipment ar matarials to a aonstructian site belwean sunset and sunrisa Monday lhiiough Saturday, and al all times on SundaNs and designated legal Holidays excapl that sprayad tarrnite pravantion material maN be applied balwaan sunset and sunrise. C. hl isi unlawful f✓ir any perscin to openala wi plarrnit to be aperated any device in anN building, cor,slruction, demolition, ]and claaring, excavation on siimi:lan outside cior struetion, alteniat:ian, or repair world an any buildings, strucluras ar prajectsi, t atwoen sunsat and suruiisa Manday through Sal urday, and at a]1 times an Sundays and dasignatad lagal hlol:idaNs., if 11:1a noise level creatad excaeids 41 dblla) rneasured al tha nearest ras:idantiaa or cammaraial proparty lina. Section 10-7-6 Sound Llevel Measuremanl Critaria 607 For 1he purposa of enforcernant of 1Lle provisions aflthisi Arlicla, noise levels aflallaged violations shaa] be measunad on tha A-we:ighltad sciale with a sound laved muter salhiflying at ]east thle applicable requinemiants for Type a siaund ]avel meters as dafinad in ANSI S1.4-1983, or its suceassor. Tha melar shall ba stet fpm dove nasponse splaad, except tHat kir impulse noises on rapidly varying sound laveds (motor vehiciles], fast responsa speed xray bei usiad. Arior la measurement, lha malem shall bei verified, and adjusted to ' (1.3 docibal by miaans of an acoustical calibrator. Measunernants recozided shall be laken sio asi Ila provida a prapar represiar.tatian of thle noise sounca. Ma microphone during measiurament shall be pasiitionad sa as nal to czieal a any unnatural anhanaement or dimi null i on of the measuned noise. A windscreen for the micmophlona shall be used whor. required. When miaasiuring thle sound ]avel aflallaged violations sporad:ia nista sourciesi such as a:irciraft and amerganciN vehiclas shall not ba eansideried. Section 10-7-7 Hxemipliorns 693 A. Undar unusual c:ireumistancasinot sipec:ifiad in this ordinance, al the discration afI thle down Manager, time and day resitricilior.s may be waiveid, and a noise leve] may axcecid the rangas specified in Tablas :I and a, supra. 13. "Ilho follawing noisie siowces, activities and uses sihala be axamipt from 1he noise ragulatians specified in thlisi Articaa: 1. Noises of safell}1 siiglnals, warning dev:ieas, and eimerigency plrassiura relief valvas. 2. Noisies resulting from any aullhon:iaeid errujiglancy vehicile w len responding to an emergency aala or aeling :in tima of orrujiganay. 3. Noisiest resulting from worikl on assentia] servicas as dafined in Saction 10-7-2 (5), supra. City c f Pho enix, Arin na Nouse O ndinan cepa Arl .1, Fj 8-2 AN IMAIIS Sete. 8-2. Harking or howl in g dogs. A 9 of Ju IN 15197 No penicin shall kaap a dog wilhin thea City limits which isi in 1ha habil of barking or howling or disturbing tha peacae and quiat oflany person w:ilhin tha City. (Coda 1962, �j 8-1.) Art. I, 23-1(1 MCRALS ANE CONDUICA Sce.33-1 R. Picketing; llcaud on unusual ecanduet can ncaisc. It shall ba unlawful for any parsons, in or upon any public straut allay, or public placae within tha City to miak a any loud or unusual noisie, or to speak in a loud or unusaual to nea, or to cry out or proclaim, for the purpose or influencing or atteamipting to induce or inifluencea, any parson to refrain from purchasing or using any goods, wares, merchandise or cilhar articlas, or for 1he purpcase of inducting car inifluenc:ing or atllampting 10 induce or influenaa, any penicin to rcaffain from dosing or performing any serviaa or labor in aril worldsi. fdatory, place oflbus:ineass or emp.laymiant or for the purposca of :inlimidaling, lhraatean:ing or coercing any person who isa performing, sicaekling or obtaining servicea or labor ar employment in any worksi, f�catory, placca of businass or amployment. (Coda 1962, 27-9(1.) l[ vision 3. Nuisances and Noisa. Scac. 23-11. Nuisiancaes. Ari. 1, �12-112 MCRAILS ANE CONDUICA Ari. 1, §ail -]3 (A) Anything which is obncax:ious to haallh, or is indeceanl, or isa offarans:ivca to the sensesa, or isa an obstruction Ica the frae use oflprapeariN sacs as to interfere w:ilh the eomfortablca enjoymcanl of life or proparty by anN conisaidarable numb ear of persons, or unlawfully obstnicats any Ilublic streacat, allay, sidewalk or highway is haraby dec:lanad a nuisancaa and may ba abatad by order of the City Court. Every parsonwho comm:ils or ma:inlainsi a nuisanaa Shall ba gui:lly of a misdameanor. (B; Any building, slrucature or uliliIN detearmained to ba umiafe and an imminenat darigar to the heaalh, saftatty or welfdrea of thea c:ilizens of 1ha City OflPlhoenix by the Superinteandeanl of 1ha Hou,iing Serviceas Division, or any building, structure or lot whish is in such a acandilion as to conslitutea an immirneanil danger oflfire, asi deteanninad by 1ha fire Marshal, shall acanst:ilute a public nuisancae, subjcacat to saurrimiaryl abalament, through e:ilher repair, calean:ing up and rcamoval of offending material, or the prevention of access through boarding up or other appropriate means. (C) Should any of the conditions as set forth in Section (B) hereof be found to exist by the designated official, such official is hereby authorized to summarily abate the nuisance in one of the manners set forth above and the cost of such abatement shall be certified to the City Treasurer who shall collect the sum due, together with interest thereon at the rate established by law, from the owner of the subject property or the person, or persons, entitled to immediate possession thereof. (Code 1962, § 27-47; Ord. No. G.1496, § 1.) Sec. 23-12 Creation of unreasonably loud and disturbing noise prohibited. Subject to the provisions of this Article the creating of any unreasonably loud, disturbing and unnecessary noise within the limits of the City is hereby prohibited. (Code 1962, § 26-1.) Sec. 23-13. Noises detrimental to life and health, or public peace and welfare prohibited. Noise of such character, intensity or duration as to be detrimental to the life or health of any individual or in disturbance of the public peace and welfare is hereby prohibited. (Code 1962, 26-2.) C 23-14 Enumeration of loud, disturbing and unnecessary. noises; enumeration not exclusive. The following acts, among others, are declared to be loud, disturbing and unnecessary noises and noises in violation of this Article, but this enumeration shall not be deemed to be exclusive, namely: (a) Blowing horns or signaling devices. The sounding or blowing of any horn or signal device on any automobile, truck, bus, motorcycle or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control,or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time. (b) Radios, phonographs, etc. The playing of any radio, phonograph or any other musical instrument in such a manner or with such volume, particularly between the hours of 11:00 P. M. and 7:00 A.M., as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or in any dwelling, hotel or other type of residence, or of any persons in the vicinity. (C) Yelling, shouting, etc. on streets. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 P.M. 7:00 A.M., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any hospital, dwelling, hotel or other type of residence, or of persons in the vicinity. (d) lietsi. Tll:lei keeiping of any animal, bird ar fowl whiah, by ciausiing fraquant or long cont:inuac noise, shall disturb thle carr.ifori or repose of anN person in the vicar.-ily. (e) Usie of ve &ich isi. The use of l any autamab:i l a, truck, bus, motorcyca a or other vehlicil e so out of repair, so loadad or in such manner as to erciate loud and unnieeassary grating, grinding, rattling or othar noise. (f) Bilowiing whinilea Tha Nawing of anN slaam whistle atllaiched to any stalionary boi:lar except to Elive notice oflthe time to begin or stop wark, as a warning of fire or dangar or upon raquasl of proper C:ily authorities. (g) Exhausit disciAwige. To discharge into lhei open air tha exhausl of any sleiam engine, Mat:icinarN intarnal corrbusticin engine, motor vahiale or motorboat engina, except thiloughl a muff eir or other davica whl:ial:l will effectively prevant loud or mp:lasive naiscis lheirefrom; .Flrovideid, howavcir, that thle fINing of controlaeid model airplancis, sailing oflmodel beats or racing of modal automobiles, having internal combustion engincis noel to cixaeed thlirty-five hundredths cubic :inchl piston disfllaeament, when uscic in 1ha pursuit of ai reerciation hobby and at such loaatians as are urdar 1Iha jur'sdiclion or aontro:l of tha Harks, Hllayground,,i and Reerciationall Board of 1ha City and on'N at suah timas as may be designated I the Parks Iaaparlment shall not ba dacimed 10 be within the provisions oflthis Sut section. (h) Buh1ding opetic pions; ,r eirmit fr ami Deveiilo[ went Services Direicton. Tlhci erciation, (inc:lud:ing excavating), demol:ilion, altaration or rapaiir of anN building in any residential disllrict or seictian, othler than balwecn the hlaurs of 6:(10 A.M. and 7:00 P.M. f am the first day oflMay to and including the Rit . day of Septambeir and batwaan tha hours of 7:C1(1 A.M. and 7:(10 P.M. beginning 11:1ei first day of Cctober to and including tha 30th1 day ciflApri:l on weiekday�i, ciNciept in case oflurgant nece�is:ilN in 1ha :inlleiresl of publia health, saftity and welffira and lhlen only wilh a permil from lhei Development Scirviiaes Director, whiiah permit may be grantac for a period not to excacid tH:iriy dayEi, whlile the emergency aonlinue�i. If thle Deve:lopmarA Services Direclor �ihou:ld detarrr.iine That thla publ:ia Heallthl, saftity and welffirci will ncnl be impairad bN the erection, demol:ilion, alteration ar repair afl any building wilhin the hours specified Herein, and if he shall further determine tHat lois or inconvanienca would nal result to any parly in interest, he may grant parmission for such work to ba dome at limes other thlan specified herein, upon application beiing rriade at 1ha time lhei permit for 1ha wark is awarded or dining the progress of thle work. (i) Excavatlicin of sitneetsi,,rermitfrom Otyl Ergiireier. Tha excavation of streets and highways in any residenilial district or iciction, other thlan the hours specified :in election :14.14 (h), excapl :in the case aflurgent neaassity in the intareisil of public heaathl, saftity and welfare then anlly witH a parmill from 1Iha City Engineer, whial:l permil may t a grantad for a period not la excaad thirty says, while thle emergency aontiniues. If thle City Enginear paired I thle axaavation of streals and highways within the hours spacificid in Seclion 24-14 (H), and ifIHe shat] furthler determine thal loss or inconveniienea, should not rasu:ll to any party in :inllcirasl, ha may grant permission for such work la be done other 1han ipeaificid in Secilion 24-14(H), upan applieationi beinEl mada at the lima the permil for work is awarded or during 1ha progress of work. 0) Noises near schools, hospitals, churches, etc. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings or session thereof; Provided, that signs must be displayed in such streets indicating that the same is a school, institution of learning, church court or hospital. (a) Loading and unloading operations. The creations of loud and excessive noise. in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. (b) Noises to attract attention. The use of any drum, loud -speaker or other instrument or devise for the purpose of attracting attention by creation of noise to any performance, show or sale of display of merchandise. (c) Loud -speakers or amplifiers on vehicles. The use of mechanical loud -speakers or amplifiers on automobiles, trucks, busses or other moving or standing vehicles for advertising or other purposes. (Code 1962, §26-3; Ord. No. G-3119, §§1-2J See. U-13. Exemptions. None of the terms or prohibitions of Sections 23-12 through 23-17 shall apply to or be enforced against: (a) Any vehicle of the City while engaged upon necessary public business. (b) Excavations or repairs of bridges, streets or highways by or on behalf of the City or the State, at night, when the public welfare and convenience renders it impossible to perform such work during the day.. (c) The reasonable use of amplifiers or loud -speakers in the course of public addresses which are noncommercial in character, and which amplifiers or loud -speakers arc not used in connection with any moving vehicle. (d) The use of a hand -operated device producing not in excess of seventy decibels of sound, "C" - scale, measured a distance of fifty feet from the instrument emanating sound from bicycles, pushcarts, or other vehicles, or from vehicles in connection with the sale or display of merchandise; Provided, that such devices or musical systems: (1) Shall be operated only while the bicycle, pushcart or vehicle is in motion; (2) Shall play only pleasing melodies; and, (3) Shall not be played between the hours of 1:00 P.M. and 3:00 P.M., and between the hours of 9:00 P.M. and 10:00 A.M. (Codel962, § 26-4; Ord. No. G-3581, § 1.) Slcici. 23-16, Rcipc vi]& (Orid. No. C-]-'18], �j 2.) A r1. I, § 213-17 FIHO BNIN C 1 TV C O DE Sec. 321-17 Hosipitals; quid rciquired. Me Traffic Hn�lineer is hemeby err powered to cauda suitab:la Areell signs ar marklingsi to t a placied an or alang streietsi near or upon whl:iah any hospital is siituatad warriin�l the public cif lthe prox:irr ity cif any suchl hosip:ilal and indicating 1hei general diracrtioni in wh:iah the haspital is silluated. A.rN penton who sihlal make ar cause la be miadei any unnaciassary noisie cialaulatad to disturb the quieit c&any inmate c&any sivah hospilal at anN plana between any sivah sign and such hospital or at any plasia siituateid within 1Ihei general arcia :ind:iciated t y sucih signs or m arkinigs to bci in the vicinity oflany sivah hospital. sihall bei guilty ofla misidameanori. (jClcida :19(3, § 16-6., City cflTerr pe City Code Chapher M NC ISE �'� Seie. XI -1. Declaraticm ail pcliay. 11 is hercitN coclared to ba thea policy ofltEci city to prohibil unneaeissary, exeassiva and arinciNing noises fram all sources Rtjeal to its policy power. At aenain luvcils no:iscis arca dulrimiontal to the 1^ealth and wulfarci oflthu c:iliaanry and iri the public inturosls sl�al:l bu sNslomalicallN prosaribuc. (Code 1967, § 1 SIA -:I; See. W-3. Definitions. 11he following woiids, toirmis wind pHiasas, when usad in lhis chaplar, shall havci the meanings asaribod to lhem in this section, exacipt whore the aontciNI clearly indicates a different miciaming: "A " band lcivEJ mcians lho tonal sound level of all riciso as measurcid wilh a souiric level mciler using A- woighting nutwa6 . ' the unit is 111• a dHIIA). Arr,illient nc iise mearis the all-ciricompassing rioiso assoeiatod wilh a given envircriment, ming usually a aomposile cflsounds from many sourcas, roar and far. For lho pluirplase of 11r is aNaptur, ambient noise Leval is tha lovel ortainad when the naisci lavel is avoraged cvcir a plariod cif fifteen I11fl: minutes wi111^out inclusion of noise from isolatod idur6fiablu soureas, al tho local ion aric lima of day rieiar tf. at art whicl^ a aompaiiison is to ba made. Averaging may bo done by instrumental analysis in aacordariae with Amarican National 511Iandard H. L'I-19) ],or maybe dopa manually as follows: Ill) Observe a sound level metar for five (`I) suconds and racord tf a bust astimata of eantrad lienduricy of tf a indicator noedlo, and the highest and lowast indications. Ila; Ruploal tEo observations as manN times as neeassarN to ensure that observalions wire mads art the buplinming and O o uric of tf o fifiecin (.15) minute averaging period anc that thane are apt least as many ac c it:ional cit sciniaticiris as lherci are c ocir als butwuen 11f a high usl high indiaarticiri and the loweisl law iric ication. 113; Calculate tNa eirithmat:iaal average oftfa absurvad aeintral liandenciN indiaalions. Dlcicillcil moans a sound prussuiiie that is 1Iwordy (20) times the logarithm to the rasa 10 of tl�a ratio ofllhe plross urci of I sciunc to the refuroncu pressu ra, 2 x 1(I-1 N awl on/mi otcir3 . Rmerigencyl work mearis woiik mads naccissary to rustaro praplarty to a saf✓a condition fol lawing a publia aalam ity car woiik rciquiired 10 protocil tha hcialtN, saf6ty car wolf ara oflpersons or properly cir woiik by piiivale car public utilities when iiestoring utility sarviea. Fivquencyl "RequenciN" of a flunation poriodie in time shall mcian the rociplracial aflthe primilivu plaricic. The unit is the hertz aric sl^al:l bu splocified. Impulse nciise mearis a noise of short duration, usually less than arici sucond, with an abrupt ciriscrt and rapid decay. A icrioban mcians a unil of prassure commonly used in acoustics and is equal 1Ia once dyne per square centimciler. Mitor vehicles mearis any scilf-propelled uahicle operaled within the city, including but not limiled to liciensed or L riliaonsod veil iclos, autorr abiles, minibikas, go-carts aric rr olojicyclas. Pcriod. "Poriod" afla pericicic quarilitN shall moan ]Ila smallest increment ofllimci for wlich 1he funcitiari repciats itselfl PcKodic quant,'tyl moians oscillating quarilitN, the valucis oflwhial reaL r for oqual incirerr or.its ofltime. Pune clone Heli ie mieians any r.ioiso whirl is distiricitIN audit le as a single pitch (fraquenaN' or set of pilchas as deiteirmineic by the enforcamenil officer. Souna lcic�l. "Sound level" (r.ioiso laual), in decibels (dB) is tlo sound treasured will the A - weiigNling and slow response t N a saL rid kiv of m el or. Souna lewil meter means ari inslrLmoiril including a miaiiarllcirio, ar.i amifllificir, an outpull moiler, and frequcir.icy weighting r.iatworks for tlei rriciasLromorit oft sound lewils which sallisfies 1he flortiriont requijieimcints in Ameirican Staric and Sfleicifications for SaL ric Llev al Moteirs S.1.4-1 971 or Oe m cast reaeint revisior.i tl oreof. (C ac o 19671, fl :I 9A-2; Ord. Na. :1(1(1(1.0'1, 11 -20-00) Seca. 20-3. Miolation established. Aril person vicilating aril oflthei provisions oftlis chapter is in violaticiri oflthci ordinar.ices oflthe ciilN and is subjact to enforaeimaril acticiri purSUant to 1he prow isions of This al aptem (C ado 1967, 9A-11; Ord. Na. '1(1(1(1.0:1,-20-OCI) Sec. 20-4. Excimptior.is. Tha following uses and actio itieis sl all ba exam pt from riciiso lave] regulatioris: (I) Air-conditioning eidLiipmenl wlor.i it is fLiricticiriing in accord wilh manufacturer's spaci ficimions and is in flraflor oparatirig condiil ion provicad IIlat ria unit maN causei tha noise level mciasured insida any slciepirig oii living room irisicei any cwalling Linit 10 exaeied fbrt}l-fiva (4.`1) dB(A) ba Wcien the hours afl ]O:CICI p.m. aric 7:CICI a.m., nor fifth -fine (55) dH(A) betwacir.i 1he hours of 7:00 a.m. and 1CI:00 p.m.; (2) Hawr.i mairilenance aquipmant wlein it is firnctionirig in accord with manufacturer's sflacifiaaticmis eir.id wit] all mufflcjis and riaisci-reduair.ig aquipmenil iri uses arid iri proper operating condition; (13) Nonamplifieid noisois resulling flom tha activities such as tlase fllannad IN school, governmanw] or community €piciLifls; (14) Noises ciflsafelly signals, warming deivicas and omergcir.icy prassure relieif valwis; (19) Noises resuhling from any auithoriaad emorgencN vohiale wlon responding to an emiorgenciN call or acting iri time of omergaricy; IlE; Noises resulting from erriavgoncy work as deifined in fl 20-2; 117,' All noises comm€I from the normal opeiraticiris oflrailroac trains; (FI; Noises oflchurcl chimes; and (SI; Pawar fllant aquipmomil during normal operalion provided that rice plant equirlmenil may eauso 1he noise level] measurad inside any slaciping or living room inisico any iiasidenllial dwelling Unit to exceed forty-five (45) MIA) between the hours of 10:00 p.m. and 7:00 a.m., nor fifty-five (55) dB(A) between the hours of 7:00 a.m. and 10:00 p.m. (Code 1967, § 19A-10; Ord. No. 2000.01, 01-20-00) Sec. 20-5. Measurement criteria. For the purpose of enforcement of the provisions of this chapter, noise level shall be measured on the A - weighted scale with a sound level meter satisfying at least the applicable requirement for Type I sound - level meters as defined in American National Standard S 1.4-1971 or the most recent revisions thereof. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. Prior to measurement, the meter shall be verified, and adjusted to f 0.3 decibel by means of an acoustical calibrator. (Code 1967, § 19A-3) Sec. 20-6. Allowable noise levels. (a) It is unlawful for any person to create any noise which would cause the noise level measured at either the property line or the area of the property affected by the noise emission to exceed the following community noise standards: Noise Standard Zone Time dB(A) Residential 10:00 p.m. — 7:00 a.m. 45 7:00 a.m. — 10:00 p.m. 55 Commercial 10:00 p.m. — 7:00 a.m. 55 7:00 a.m. — 10:00 p.m. 65 Industrial 10:00 p.m. — 7:00 a.m. 60 7:00 a.m. — 10:00 p.m. 70 (b) If the measurement location is on a boundary between two (2) zoning districts, the lower noise standard shall apply. (c) If the ambient noise level in a residential zoned location is measured and found to be forty (40) dB(A) or less between the hours of 10:00 p.m. and 7:00 a.m., then the actual ambient noise level will be community noise standard. (d) If the ambient noise level in any zoning district is measured and found at anytime to be in excess of the community noise standards described in subsection (a) of this section, then the actual ambient noise level will be the community noise standard. (e) A noise level which exceeds the community noise standard by five (5) dB(A) or more, when measured at the affected area, the nearest property line, or, in the case of multiple -family residential buildings, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, shall be deemed a prima facie violation of this chapter. (Code 1967, § 19A-4, Ord. No. 2000.01, 1-20-00) Sec. 20-7. Special noise sources. (a) It shall be unlawful for any person within any residential zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day) in such a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area. Any noise level exceeding the community noise standard at either the property line or the affected area of any property (or, if a candaminium cir apartment house, witEin any acjoining aflartrrant) by morel tfan fives (-I; deiciEels shall bei deeimeid to l:e flrima facie evidar.iae of a violat:iciri of the piiovisions of this seicticiri. (b) It shall to unlawful for any parson to operate any m achinary, aquipm eint, pump, fare or similar mechanical deviae in suiah a mannar as to disturb tfa paacei, quiat and comfcirl of riaighboring residorits cir ar.iN reasonable fleirsciri of normial sansitivariass reisic ing in the araa. Any noisa whish wauild cause tE a noisa leveil al aither the flrciparty line cir tha affected area of any r1iiarlarty to axcced tha aflfllieablei communily riciisa stalr.idard 1:N mcira than fiva (5) decil:als shall be daeimac to bei a prima facia m idenea cifl a u iolation cifltl1a provisiciris of tE is saction. (a; It shall to unlawful for aril person to create any noisa on any silrael, sidawalk or publia placa adjacarit to any sahool, instiation of learnir.igl or churall while 1IEei sama is in use or adjacent to anN hosflital, which nioiso unreasonal:ly interfiaras with the workings ciflSLiah institution or wh:iah c isluirbs or uricmy arinciNs patients in 11-a Ecispilal; proviced 1IEat conspiaucius sigris area displaNed in sucE slreals, sicawalk oii public fllaea indicatingthc presenaa ofla sal-cicl, churcE or Ecispilal. (Coda 11967, § NA -5; Ord. No. 2000.(11, Sce 20-8. Cono ruction (if l builldingsi amd project& (a, Geinenallrovh iomi. It shall 1:a un:lawfUl for any paiison to ciflarata aquiipmcnl or perform any outsidei construulion or rapair work on buildings, stnicturas or flrajeols, or to ciflarala aril pilei driveui, powar shoval, pneumatic Eamrr aii, darriak, flciwar hoist oii any othar construction-t}lflei deivica, axcapt within the l irr a pericic s speaifieic E areiri, or if the noisa kiv eil arciatad tharaby is in eixceiss of tha applical: Ic aorr rnuinity noise standard 1: N fiva (5) c EI(A) at aitil or 1I E a naarest flrarlarty lina or the affecteic areia cif the property unlass writllen authorization has beien ciblaineid Niforei hanc from the aitN rr anageir or E is C L ly authorized reipresentativ a. (b) SilariVS&T Times: III; Concnejle. From April :15 to Oatobar :151 inclusive, conaiieto maN be flciurad, and concrata rr ixing 1iiuicks may l: e is led, each day E etweein tha hou its cif 5:00 a.rr. . aric 1:00 p.m. or at suall other times pursuant to written authorization. F am Octat or 16 to Ap6l 14 inclusiva, concrate rr cry be pourad, aric concrata m ixing trucks m ay be idled, each daN 1: atweeiri tha E ours of 6:0(1 a.m. to 7:00 p.m . cir al such tiro as pursuant to writtari auO cirizal ion. (2; � til otheir consitnuct;io)i/resuiaent�ial zonesi hi or within file hu)idncid (SCICI feet. Frorr April 151 to Oatobar 151 iriclusive, all either acinstrucrtioni or repair wark shall not begin flrior to 6:(I(I a.m. and must stop by Tffl p.m. aach cay in cir within five hundrac (5100) feat ofla resiceintial zone or at such otliar timas flursuaril to writtan authorization. Nom Octobaii lE 10 Aflril 14 inclusive, all oll-eir ciaristruaticin or repair work shall not l:egini pi6or to 7:00 a.m. and muisl stop by 7:Qa p.m. eaah daN in cir within fiva hundreic (500) fiat cifla iiesidenllial zctnie or at sliah cilher times pursuanll to writtan authorizaticin. (.I) Commercial ani hidzwr,ia�l aanesi. Construclion aric iiepaiii wark in acimmeraial and industrial zonas not within fiva hundred Il51(I(f feal oft a rasic eintial zaria shall not begin pricer to 51:00 a.m . and must slop by 7:00 p.mi. or it may be conducted at such other timas puiiisuant to writllan autE orizal ion. Ila) Pkieike)ids ani hculiaaysi cxeluded. NotwilEslanding the foragaing, conslliliaticiri or repair work shall not l:egini prior to 7:00 a.mi. and rrust silcifl by 7:(I(I p.m. aric conarata pouring shoulc not teigin piiior to 6:00 a.m. and m uisl stop t N 7:00 fl.rr. . on any Sall uirc ay, Suric ay or E olidaN, L riless such crthar times ara allowed by writllen authorization. (Jc' "iinen authoriiaat,ion. Construction and rcipair work may bei ciaricLcitac al differcril lirrieis aria at hi€Ir eir noise levels 0 an otherwisci fleirmittcic I• eirein if written authorizal ion is obtaincic r eiforc I• and from thea city manager or Nis autl-cirizcic reprciscirilative. In gilanting sulah aulthorizallion, thea city manageii or his aullfcirizcic rcipreiseintaliva shall consider if acmistrucitioni noise in lhei viciiniiN cif] the proposed work site woulc be loess objoatiariablo all nighil than during 1he c aytime r aeaLlsei of c iffercr.it population levels or different neighboring aclivilicis; if obstruclion aria interfercrice wilh traffic, particularlN on sliieels of major irriflorlance, woulc be less objectionable at night than during 1Ihe daytime; if the kind of work lea be flarformcic emits noises at such a low level as to riot cause significar.it c isl u ail anco in the vicinity of tli e work sitci; if tli e ncighl oi& ood of 1 he r1rarlasuc work sill ei is primarilN residential in character wherein sleep coulc be disturbcic ; if Treat economic I• ardsl- ip would occur if the work was spread ovcir a longcir lirrie; if the work will abale or prevent liazamd to life ori propenN; iflthci rliioposcic early marriing or niEll-1 work is in the genciral flublia interest, and he shall prescriber sucif condilions, working timers, lypes of cionsilrLlction equipment to bei used and permissible noisci emissioris as hci dcorns to be requircid in thea public interest. No wiftilen authorization shall be required 10 paiif6rm ornargar.icy work as defir.ied in Fl 20-2. (le) Revocatio)i of wriinen ozAihorizaiion; appeal. T11e city managcir or his aulthorizad representaltiva may ravoke any written aull-orizalion grantcid 1-eireundcir upon complairils Iasad upon substantial cividcmice that the construction activity causes significant c istulrbanee in the v icinity of the work sitci. Any parson aggrieved by the granting of writl en autE arizal ion or the refusal to grant writllen authorization by the city rrianagcir or Nis autf orizcid reprciscirilative may appeal 11^e c ecision to the city council who shall 1 -oar suet^ appeial at thci nciNil rcIElUlarlN saheduleid meeting of the city council. (f) Siorl ordersi. Wlhencvar any work on a corisirLlction project is in violation of the flrauisions oflthis sectiori, 11^e community deivelopmant director or Hs aulll-arizeic represarilative, or, in the cases of public works flrojeds, tl-ei public works director ori his aLthoriAeid rciprasantative, may wicer the construction pro jciat stoppec 1:N r.ia1 ica in wril ing served on anN persons responisible for Oe projacil, and any such flersaris sh all fortl-wilh stop work on if a fhiajeat Lentil authorized by the aammunity develoflment dirciator ori tli e public works c irealor lea proccieid wilh such work. ilClocei 1967, 1 19A-6; Ord. No. 696.3, E-aft-fl`I; Otic. No. 86.46, § 1, 6-19-86; Orc. No. 2000.(11, 1-aft-(I(I; Ord. No. 2(1(11.117, 7-26-0:1; Ord. No. 20:10.02, 2-4-10) Sec. 20-9. Vehicles., (a) 11 shall bei unlawful for any pcirson within any residential area of the aiilN to iiepair, iiebuild or test any motor vcl^icla (between I1,a hours of 10:(1(1 p.m. of ones day and 7:00 a.m. ofllhe nicixt daN) in suet^ a manner thal a wasonable parson oft riormal sensitiveness residing in thci arcia is caused c isaorrifdrl or annoyances. (b) No pcirson shall operate either a motor vehicle or corribinatiori of vehicles at ariN limes or undaii any conditions of grade. load, accelcrationi or deaalcratiori in such a manner as to cNiaecid the following noises limill oflthci category oflmotor vel-icle based on a distance of fifty 115(1; fecal from the cemler of ite lanes or travel] wilhin the spcad limits specificid in this section: SpE i d limit SpeE d lin id (J35 mpA cfmcre (r SIE ss Ihcin --'S mpA 1� 1) Any motor vehicle with a manufacturer's grass vehicle weigH rating of (,000 pounds or mora, any combination of vcl^ icles towec by such motor valicle, and any motor-ciNcla otl�or than a motor-drivari ciNala ........... MI dH(A; 92-dB(A) (12) Any other motor vehicla and any aombiniationi oft vehialas towed I y SL ah m otor v cr icles...... FIJI dH(A ; 86 c H(JA ) (IClac e 1 SI(7, fl :I 9AJ See. 21101-1101. A ircirait. (1a) I1 will ba unlawfkl ffir any person to oparata or aause to 10a oplaratod ariN tylpla aft aircraft which produces a noise lay al oxcaading 8( dB(A) with in IIl a city. (1I; Any aircraft) operated in conforrr ity with, or pursuant to, f6deral law, federal air ragulations and air traffia control instruction usad pursuant to and within the dull adoptac fhderal air iiegulatioris shall ba axampt from the pliiouisions of subseation (ja) oflthis section as well as tha othar ragulations of this c&aptaii. Aril aircraft oparating LnderteaNniical diflficulllies, in any k:iric of distiiess, undaii amergaricy ordaiis of air traffic aarit rol or I aing operated pursL ant to and sL I saclL ant to the c ac laral ion of an cim ergariay L ric em f 6 aral air regulations shal l also I a cix ampt from the provisions of I subsciation (a; of tl� is section as well as the other regulations ofltN is chaplter. (jClac a 1 SIE 7, tl 119A 41; Scie. 21101-11. Urinecessaryl noise. (ja) Notwitktalnding any, othar provision oflitis chaplter, and in addition 11oreto, it shall ba Lnlawfbl for aril pleirscri wit 1, oL t : ustificat ion to rr ak e or contiriL e, or aauso oii Alarm it to be rr ade or coil inucic , aril unnecessaiiN, excossivo or offdris:iu o noisci which disturbs tN o paaca or quiet of any neidl,I orhood or which caL scis c iscomfort cr annoyanaa to any rciascriabla plarsori of normal sensitiveness rosic ing in tho areia. (b; TNei factaiis which will bo considerec in daterrnining wl�cithcir a violation aflthe provisions of this seation exists will inclLco, but riot bo limited to, tha followiripl: (l) 'lh e u oluma of riciso; (2) ZIhe intorisity ofltha noise; (3) M ethaii th a nature of th a noisa is Lisual or unusL a]; (4) M othaii th ei origin of tha noise is natural or L rinatural; (5) 'Iha vcluimci and intansity ofltha backgiiourid noise, iflaniN; (6) 'h a plroxim iii oflthe noise to residential sleapling fhcilitieis; (7) 'h a niatura and zoning of th a aiiea within wh ich tha noise amariatas; (8) If a dansity of tha irih at itation of th ei aiiea within wh ich the noise amariatas; (9) 'HE a L ima of the day or nigh t th a noisa oaciuiis; (11(l) TN ci duration oflth o noisci; (I I I ) WE athar tha noise is rciaurrent, intarm itllent or consilant; (112) Whather thea noise is produaeid by a ciommiarcial or noncomimerciial acitk ity; (1 13) Wheitheir ill is ai purei tcaniei noisei; or (1 14) WE eathar ill is an impulse naisa. (Code 19(7, �j l 9A-9; Ord. Na. ICICI(I.O I , 1-20-99) Scaa. 20-12. C oir, ir. cricement of acti cm, citation, conllenlls. An acdion unc eir this ah apteir sh aail E a eomimeniaed by dalivaaiing a aitalticin to the caaeupaint of I tE e proparty whera lEe violation has caaaL rrad, tE a awnear caflraeord, or ariN paaiscari rasponisiE la for the violaaticari. (10rd. Na. XICKLOI, 1-1l1-00; Ord. No. 2000.13, 3-:10-00; Ord. Na. ]CIO 11.11, 7-3(-01; Orc. Na. :ICI(12 31fl, 8-8-02) Sec, :10-13. Rlcpcaaled (10rd. Na. 2000.C11, 1-20-00; Ord. No. 2000.1=1, 3-:I(I-00; Orc. Na. X102.39, 8-8-02) Scc. ICI -14. Rlcpcaaled . (Ord. Na. XICIO.01, 1 -XI -CIO; Ord. No. 2000.:13, 3-:10-00; Ord. Na. ]CIO 1.11, 7-:I(-Ol; Orc. Na. :IC102 31fl, 8-8-02) Scc. ICI -15. C ivil faricsa and penalties imposed. (a; Thea civil finei/peirially fbai v iolaitirig any plrau ision of this cE aptaai shall ba not less lhan ona E L ridrec dollars ij$100) ricua mcuae than ones lihousand dollars ($1,000). (b) In adciticin to da am aunt ofltEa finia implcascad under subseatican Ila) abovei, lherei is imposed a ceifault penalt)l in thea amount aft fifty dcallaais (1$90) should tEea dafbndarit fail tca appear and ainsweir fem a violation oft this ah aptear with in life tirri a period statec an tha eital ion or fails to appear all thea timei and placa set by thea aouirt for a miattar arising undar tE is ahaptar. (a, Thea court may arif wea colleatican of delinquent fines, feeis, ra-inspecation f6as, anc penalties as maN be provicead by law. In addilion, any jLicgrrl(ard for a civil saricition irriplasad pluirKiant to this node shall constitute a lican against the real properly ciflthe awnear cafltha plrapert) whara the violalion ocauirrac. The liean may ba plarfacateid Ey reaoaiding a copy cafl the juidgmeirit undaai seial of thea CitN of Tampa witE 1ha N ariaopa Clouinty Reacaaider. Any judgmlant for civil saricition pursuant to tE is aac e may be collaatad ase any off eir ciiv it judgmlent. (Ord. No. 2000.0:1, 1-20-(1(1' Sec. :10-16. Mipcalcd. (Ord. No. 2000.01, 1-20-0(1; Ord. No. XI(ICI.I =1, ^3-3 CI -00; Ord. Na. 2002.39, 8-8-0:I; Sec. 20-11 Bach day sacaparatc violatlorisa. Elaah c aay that a violalion of lhis ahapler is parmittead to aontinuie caai occur Ey lEe cefaridanil shall constitLlle a scaparata oflcansa suE jeat to saparata citatiari pursuarit to 1ha provisions of this aE aptear. (JClrc . Na. 2000.(11, :I -20-00) Scaa. 20-18. Habitual oficanden. A parscan wE a comm its a v iolaticari oft this ah aptear afl er hau ing prau iously E caen fbunic responsible by 1he court can throe (=1) saplarale caacasions fbai committing a civil vialallion ofllhis cEaptar within a twenly-four (�14) month period, wEatEear by admission, by paynleant of the fine, EN daf�ull, oai by judgmlenl aflar haaring, shall Ea ehargec wilh a arirriinal misdeimearior pursuant to thea plencaral panallieis plrcauision oft �j 1-7. The 'llempe city proseaLtor is autEcarizead to fila a cirimiinal misdemeanor ciomipllaint in tEea "llempe Municipal ClaUrl against habitual off6ndars who violada tl-is sacit:ian. In applying ite twenil}I-four (24) montl- pravisiani, the catas aflthea cammissiari of tha offurisei sl -all be the ceiteirminiing factar, :irrespocitive aflthea seiquoric(i in which the ofkansas wara aommitllac . I10rc . Na. 2ICICIOXI1, 1-20-00) Sec. 20-1 SI. Nuisance abatement; aidditional rem eady. lri accition to or in lieiLi of filirig a civil ail ation ar criminial comTIlair.it, tfa opeiral ion aii tri ainlenar.ica ofIany caviae, inistnimeirl, vehialei or rriachir.iery in violation of any provisiari of this ahapter, whish operation or maintar.ianae causeas disaomfor or arinciNancia to ueasonabla pauscmis of normal sansitiviq or which andargers the cam fort, repose, health car pcaaciei caflreisidenls in thea area, sN all ba daerrieid and is c eialarad to to a ruisancae and s1 all ba subject to abalem ant as sat forth ini aN apteir 21 of this cac a. I10rc . Na. 2000.(11, 1-20-00) Scottsdale, Arizona -Cod ei oil l r d inan cies C hapll eir 19 - OFFENSES—MI SC ELILA NEOUS • ARIITICLEI II - SIFIECIAL NOISE V11aLATION S • Sec. 19-24, - [Fluirpose, ] Thee prnrposia of this ar iale is to presmiales the haalth and gleirieuiail welfare of lhei cilizenss and I usiinessesi of II hes ciil}I t N flrotcating neighborhoods. (Ord. No. 3SIKI, § 2, 9--I l -l0' • Secs. 19-25. -Definition s (IA) Tho following woiidsi, Terms and pl:rasesi, when wieic in this aricle, sdiall haves the melanin€Is ascribed la them in this siacition, oxaept whenei the aorlesxl cllaarly inc :iciates a different meaning: (l ) (2) "f "bana IeveJ means the tolal sound level of all na:ise as miciasured with a sound level metcsr using A-weigzting network. 'The until is the dEll(A' . rribiiem rckiii means the all-encompassing noises assoc:iailed with a giveui enviranmanl, being usually a composillei of siaun& fiicimi rnany ssaurcoss, r.ieiar arid 11'ar. For Ilia purpose of this ar icle, ambiEnit nciiise level is lhei :lava] obtained when thea naise level is aveiiaiged over a peiriod of fifteen (15) minutes withouil inalusion of r.iaisio fram isso:fated identifiable sioi, rcas, at the aaaation and Aima of day near thall at which ai ciompar:issori is to be mada. Averaging may bei dance IN insilnimcintail analysis in aacordanacs willh Amcirican National Standard S. 13-1W1, o» may bci dorici manually as fcialaws: (la) (b' (Ic) C E serve a siciund lovol mellar for fives (5) s ucor.ids and rociard l ha besil eist miate cif f cieirilral taridonay afltlie indiaailor needle, and the hi host and lowest isndiaat:icinsi. Repeal the cibsarNiations as many timas asi nacicisssary to arisima thal observallicins ara made ail tha l: aginvirig anc the Bind cif lha fifteari. (11-"I) m it ul a averagir[g period and that thesra are ail :Iciast wi many additional oti sservationss as thlerci are deciitials Icitwaciri the highesil High indiaalion and thea loweist law ind:iciation. Calaulate 1Iha arillhmcslica] average cif lha olssersved ciesnilra] liandonay indicailianss. M (5" (E , (1, (Iq) (110) Business rr eians either a corporal i on, Frr.. i ted a i abi l'1l y corporal i an, partnershi l , any other type of fialitious rarson or in lha event the busanass is not owned ty a fietit:ious amity, the :individual awnars. A. tusiness does not rocian a governmental agency or and i ty. Blec,ibeil means a sounc pressura that is lwanty (20) limes the llagarilhm to lha base 10 of 11 ci rat'o of the pressure of sound to the rcifcircneci pressuuei, 2 } 1.0-5 N ewl on/rr al er . Tlwell,ing micians building, which is designed for residential purposes w'ff the cixciciplion of any rcisidential unit located within a lha la1, rasort, or other transitory lodging development. Fnequency. "FrequanciN" of a fur cillion pcirioc is in lim.e shah mean 11a reci:iprocia]I of ff ci puimitivci period. Tho unil is tho heirtz and shah be speicified. J�rgauh-e noise mcians a :noisci oflshort duration, usual IN lass than onei (11) second, with an abuupt onset arc rapid decay. Mkirobar ru ciar s a unit of pressure parr. m cinay c.sed 'n aeouist'cs and is equal la oriei (1) dyne pc it square c and i m eter. Pen,ioa mcians "Pcr:iod" of a pur'iod:ic quarility shlall mcian the smalllesl i.ncromeirit of time for wl� ich the fiuncilicm repciats itself. Periodic quavi y means oscillating quarillity, tho values of wFict• recur for eicluall 'nararraril s cif Itime. Pune tone noise mcians anN noise which is d:istinclllN audible as a single pitch (frequency' ou sail ofpitahus as doilcirn-Aneid by an culfbrcern(int officer. Resiaent ial Distniiat rr cians anN prcpcirty 2 oncid S inglci-faro']}{ resic ciril ial c istrict (R11 - 119(I. R11-1?I0, R1.70 141-43, R1-3fI, R]-'18, R11-10. RIA, R1--'), Two-family resideintia] disilr:icl (R-2', MulltifamilN reisidcntial districll (R-2), Townhouse resideirtial disllrict (R-4;, Mu111iple-farnilN resiccritial d'stricil (R -fl), Manufaclurcid home district (M -H), or any specific flor>>icrn of a Alarmed community districil (PCD' or Alarmed Reisidcuvlial Development District HARD) with a comparable cr LnclorlNing zoning district That eansists crclusive:ly ofIanN ofl the afbrelin.anlionad reisicani ial dislricts. Fou the purposes of this aricle, the ccifinilion of re�ideintial disilricts spcicifica]]IN excludes, but ifc exclusiori is nol limited 11o, proporlies or dwellings wilh the fblllawing Zoning dislricts or desigrialions: Resort disstricil (R -4R), Serviec (13) (14) (15) residential district (S -R), Downtown district (D) and downtown sub -districts, Planned block development district (PBD), Planted unit development district (PUD). Sound level. "Sound level' (noise level), in decibels (dB) is the sound measured with the A - weighting and slow response by a sound level meter. Sound level meter means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American Standard Specifications for Sound Level Meters S 1.4-1971 or the most recent revision thereof. Unreasonable noise means noise that a reasonable person of normal sensibilities would find excessive and that can be heard at least one hundred (100) feet from the business. (Ord. No. 3912, § 2, 9-28-10) • Sec. 19-26. - Unreasonable noise created by businesses that serve alcohol or provide live entertainment prohibited. It shall be unlawful for a business that serves alcohol or provides live entertainment to create unreasonable noise that through its operations disturbs the peace or quiet of a residential district that contains dwellings. For making a determination that noise is unreasonable pursuant to this section, a reasonable person of normal sensibilities shall include Scottsdale police officers or other city employees designated by the City Manager to enforce this section. A sound level meter may be used, but is not required, to assist in determining whether noise is unreasonable or not. It shall be a rebuttable presumption wider this article that noise levels over sixty-eight (68) db(A) are considered unreasonable. The following activities are exempt from the provisions of this section: (1) Non -amplified noises resulting from the activities of the patrons of a business. (2) An event being held pursuant to a city issued special events permit provided that the business is operating in accordance with the conditions of that permit. (Ord. No. 3912, § 2, 9-28-10) • Sec. 19-27. - Measurement criteria. For the purpose of enforcement of the provisions of this article, if a sound level meter is used, noise level shall be measured on the A -weighted scale with a sound level meter satisfying at least the applicable requirement for Type 1 sound -level meters as defined in American National Standard S 1.4-1971 or the most recent revisions thereof. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. Prior to measurement, the meter shall be verified, and adjusted to t 0.3 decibel by means of an acoustical calibrator. The ambient sound level shall be verified and noted. (Ord. No. 3912, § 2, 9-28-10) • Sec. 19-28. - Penalties for creating unreasonable noise created by businesses that serve alcohol or provide live entertainment. (A) Ni (C) (D) It shall be a civil offense to violate subsection A of section 19-26 above. The penalty for a first violation shall be five hundred dollars ($500.00). The penalty for a second violation within one (1) year shall be one thousand five hundred dollars ($1,500.00). The penalty for a third or subsequent violation within one (1) year shall be two thousand five hundred dollars ($2.500.00). (E) The penalty for a business that violates the noise conditions of its city issued special events permit shall be two thousand five hundred dollars ($2,500.00). (Ord. No. 3912, § 2, 9-28-10) • Sec. 19-29. - Authority to issue civil complaints. (A) The City Manager or designee, a Scottsdale police officer or the City Attorney may issue civil complaints to enforce Section 19-26. (B) Any person authorized pursuant to this section to issue a civil complaint may also issue a notice of violation specifying actions to be taken and the time in which they are to be taken to avoid issuance of a civil complaint. (Ord. No. 3912, § 2, 9-28-10) • Sec. 19 -30. -Habitual offenders. (A) Any business as defined in this article who commits a violation of subsection A of section 191926 above after having previously been found responsible by a court on four (4) or more separate occasions for committing a civil violation of this article within a twenty -four- month period, whether by admission, by default, or by judgment after a hearing shall be deemed a habitual offender and shall be guilty of a class one misdemeanor and punished by a minimum fine of ten thousand dollars ($10,000.00) and amaximum fine of twenty thousand dollars ($20,000.00) pursuant to A.R.S. Section 13-305 except that the punishment for a non -fictitious person under this section requires in addition to any other penalties imposed by the court a fine of two thousand five hundred ($2,500.00). (Ord. No. 3912, § 2, 9-28-10) • See. 19-31. - Remedies non-exclusive. The remedies provided for in this article are not exclusive and nothing shall preclude the City from pursuing other authorized legal remedies against violators of this article that may include but are not limited to conditional use permit revocation and enforcement of other applicable federal, state, county and city laws. (Ord. No. 3912, § 2, 9-28-10) • Secs. 19-32-19-34. - Reserved. August 31, 2016 Michael Archambault, Chairman Eugene Mikolajczyk, Vice Chairman Stan Connick, Commissioner Susan Dempster, Commissioner Howie Jones, Commissioner Roger Owens, Commissioner Jeremy Strohan, Commissioner Re: Proposed Noise Ordinance Dear Sirs / Madam: 51 R�vS -1(,? 08,31 2?, The Town of Fountain Hills is considering a change to the Town's Noise Ordinance. Our existing Noise Ordinance measures noise at the "property line" and limits noise volume to 69 dB(A) (based on the octave band levels outlined in Zoning Ordinance Section 5.19.A Noise). The Proposed Noise Ordinance measures noise "30 feet from the sound source" and "at the complainant's wall of structure" and effectively limits noise volume to 85 dB(A) (of note, the 55 dB(A) limit is entirely negated by Section 11-1-7-E, "Complaint Processing'.). Implementing the Proposed Noise Ordinance, as written, would result in a noise limit nearly three times louder than the current limit. The Proposed Noise Ordinance would also be difficult to enforce. To add perspective, the Occupational Safety and Health Administration ("OSHA") requires employers to provide hearing protection to employees exposed to 85 dB(A) levels of noise. Residents of Fountain Hills should not be subjected to noise at such high decibel levels. The proposed Noise Ordinance favors those generating noise (e.g., neighbors or businesses) over the health and general welfare of the Town's residents. Surrounding communities measure noise levels at the "property line" of the sound source. Paradise Valley limits noise levels to 56 dB(A) and Scottsdale limits noise to 68 dB(A). Decibels are measured on a logarithmic scale. Every 10 -decibel increase (e.g. increasing from 56 dB(A) to 66 dB(A)) results in a sound level twice as loud. Implementing the Proposed Noise Ordinance, as written, would result in a Fountain Hills noise limit that is nearly eight times louder than Paradise Valley's limit and nearly four times louder than Scottsdale's noise limit. Fountain Hills' residents deserve a noise ordinance that is easy to understand, enforceable, and comparable to ordinances in neighboring communities. The Proposed Noise Ordinance does not meet these criteria and therefore should not be accepted. Respectfully, Kimberly M. Anderson Fountain Hills, Arizona cc: Robert Rodgers, Interim Development Services Director Grady Miller, Town Manager Rober['Bob' Rodaers From: John Kirkeide Sent: Tuesday, August 30, 2016 10:18 AM To: PZC (Commission); Linda Kavanagh; Dennis Brown; Nick DePorter; Cassie Hansen; Henry Leger; Alan Magazine; Cecil Yates Cc: Robert'Bob' Rodgers; Grady Miller Subject: Proposed Noise Ordinance Planning & Zoning Commission, Mayor and Council Members, I understand there is a proposed noise ordinance working its way thru Fountain Hills review process and scheduled for review by the planning and zoning commission. The proposed ordinance describes as a violation noise measured in excess of 85 decibels 30 feet from the sound source AND 55 decibels at the wall of the structure proximate to the complainant's location. The "and" in the previous sentence is critical since it would not be a violation unless both criteria are met. This means a resident or business could play music that is hitting the wall of their neighbor at 85 decibels and still not be in violation of the proposed ordinance! In fact the way the ordinance is written sounds could be at 100+ decibels and still not be in violation if the complainant does not have a wall —as an example a public park. 85 decibels is very loud, in fact the National Institute for Occupational Safety and Health recommends controlling noise levels to below 85 decibels in order to minimize noise induced hearing loss. That is a ridiculous noise level for any noise ordinance. Scottsdale limits noise to 68 decibels at the property line of the parry generating the sound. Paradise Valley limits noise to 56 again at the property line. Since decibels are measured on logarithmic scale 68 decibels is about 70% lower noise volume than 85 decibels and 56 is about 85% lower than 85. Said another way 85 decibels is four times as loud as 65 decibels. If Fountain Hills establishes a noise ordinance with levels substantially higher than those neighboring communities you run the risk of attracting loud businesses and residents to our Town! Both Scottsdale and Paradise Valley have a single source test that makes far more sense than a two part test and also provides much more protection against excessive noise. The ordinance as proposed is poorly thought out, at its best provides Fountain Hill's residents with far less protection than neighboring communities and at its worst is unenforceable. Why should the residents of Fountain Hills accept anything less than their neighbors? Until you experience it decibels are just numbers; numbers that can be hard to relate to. I encourage you to use a decibel meter and play some music until it reaches 85 decibels. Then tell us would you like your neighbor playing music in their back yard until 11:00 PM at that level? I urge you to vote NO against this proposed ordinance. If you feel Fountain Hills noise ordinance needs to be revised please consider looking at something along the lines of what Scottsdale and Paradise Valley already have in place. Sincerely, John Kirkeide August 30, 2016 Michael Archambault, Chairman Eugene Mikolajczyk, Vice Chairman 08-30-16A11:12 RCVD Stan Connick, Commissioner Susan Dempster, Commissioner Howie Jones, Commissioner Roger Owens, Commissioner Jeremy Strohan, Commissioner Re: Proposed Noise Regulations Dear Sirs/Madam: The citizens and staff that contributed many hours of their time to develop the proposed noise regulations are to be thanked. When a community works together on an issue, the result is usually the right policy. However, consideration of the proposed noise regulations raises the following question: Why allow outdoor amplified music for any commercial activity? Sound travels great distances in the desert. Any residence during anytime of the day should not be bombarded with unwanted noise. If a commercial enterprise wants to have live entertainment or amplified music then they should do it within the confines of a building. If the Town wants to work with the businesses regarding outdoor events, then the business could submit an application to the Town through a Temporary Use Permit type process. The Town then could control the hours, the amount of amplification, and any other issues with conditions. If the conditions are violated, then they could be shut down or not given a Permit in the future. Without having to wrestle with outdoor amplified music, a more concise, easier to understand, and easier to enforce noise ordinance could be adopted. An example would be Paradise Valley. Their ordinance has a maximum dB level of 56 from 7:00 am to 10:00 pm and a maximum dB level of 45 from 10:00 pm to 7:00 am and on all Sundays and specified legal holidays. The noise levels are taken at the property line. The ordinance, of course, allows for exemptions. Understanding that the two Towns are different, the residents of Fountain Hills, however, should have at least the same protection of its quality of life as the residents of Paradise Valley or any other community. If the Planning and Zoning Commission decides to recommend approval of the proposed noise regulations then they may want to add a reasonableness clause. Such a clause should be in any noise ordinance and would be another tool for the code official or law enforcement officer to use to control unlawful noise and to help protect the 10,000+ households in Fountain Hills. Thank you for your consideration of these suggestions. Sincerely, Jonathan H. Pearson Fountain Hills, Arizona cc: Robert Rodgers, Interim Development Services Director Grady Miller, Town Manager August 30, 2016 Council Members Planning and Zoning Commission Members Town of Fountain Hills Fountain Hills, AZ 85268 Subject: Proposed Noise Ordinance Section 11-1-7 Dear Members: I am a resident of f=ountain Hills living at Villas at Copperwynd. My personal opinion of the new proposed Noise Ordinance is that it will be good, protecting the residents of Fountain Hills for excess noise as well as establishing clear limits for the creators of the noise. A few changes, however, not affecting the limits set, should, in my opinion be made. The changes are as follows: I. The measurement location "Wall of structure proximate to complainant's location" should be replaced with "A point on the property line where the sound level is the highest". 2. The measurement location "Approximately 30 feet from the sound source" should be eliminated. 3. Complaint Processing, Paragraph E. This paragraph should read as follows: "Complaint Processing. After receiving a noise complaint from a complainant, an individual authorized under Subsection G of this Section shall measure the noise level with such instruments being made at the property line closest to the source of the noise. The authorized individual shall determine a noise violation has occurred when the decibel level exceeds the maximum decibel levels set forth in Table 2.' 4. Paragraph H.8 Noises resulting from special events being held pursuant to a Town -issued special event permit can be removed from the proposed new ordinance because the new ordinance sets the sound levels for any time of the day and night. 5. Table 1 Measurement Standards can be eliminated as only one measurement location is used and defined in #1 above. C. Table 2 can be simplified as "Wall of structure proximate to complainant's location" is removed from six (6) locations in the table, Additional explanations for some of the proposed changes: 1. The measurement location "Wall of structure proximate to complainant's location" would require the noise creator to enter the complainant's property in order to verify that he or she complies with the noise ordinance. In addition, the complainant may like to enjoy a quite evening in his garden near the property line where the noise comes from. The noise level at a point near the property line could be considerable higher than what is allowed by the ordinance. The measurement at the property line will eliminate the above-mentioned problems. Some communities define the noise measuring location as ''The property line closest to the source of the noise". This definition, however, is not as universal as the one proposed because in a situation where the source is only a few feet from the middle of the property a building could be between the source and the closest property line. The sound level at the property line in the opposite direction could therefore exceed the limit set by the ordinance. 2. The measurement location "Approximately 30 feet from the sound source". The purpose with this ordinance is to regulate and limit the noise for the people living outside the property where the noise is created. The measurement at the property line will meet this requirement and therefore the measuring point 30 feet from the sound source is unnecessary and should be removed from the proposed new ordinance. Should the creator of the noise want to have a 30 feet from the source reference (for monitoring the maximum level), he or she can of course create one by first checking the level at the property line and then again at 30 feet from the sound source. Respectfully Submitted, Anders Hellstrom MIME Grandview Drive, Unit Fountain }-fills AZ 85268 Page 1 of 2 September 1, 2016 Council Members Planning and Zoning Commission Members Town of Fountain Hills Fountain Hills, AZ 85268 Subject: Proposed Noise ordinance Section 11-1-7 09-01--16A08:38 RCVi) Dear Members: I am a resident of f=ountain Hills living at Villas at Copperwynd. My personal opinion of the new proposed Noise Ordinance is that it will be good, protecting the residents of Fountain Hills for excess noise as well as establishing clear limits for the creators of the noise. A few changes, however, not affecting the limits set, should, in my opinion be made. The changes are as follows: 1. The measurement location "Wall of structure proximate to complainant's location" should be replaced with "A point on the property line where the sound level is the highest". 2. The measurement location "Approximately 30 feet from the sound source" should be eliminated. 3. Complaint Processing, Paragraph E. This paragraph should read as follows: "Complaint Processing, After receiving a noise complaint from a complainant, an individual authorized under Subsection G of this Section shall measure the noise level with such instruments being made at the property line closest to the source of the noise. The authorized individual shall determine a noise violation has occurred when the decibel level exceeds the maximum decibel levels set forth in Table 2.' 4. Paragraph H,8 Noises resulting from special events being held pursuant to a Town -issued special event permit can be removed from the proposed new ordinance because the new ordinance sets the sound levels for any time of the day and night. 5. Table 1 Measurement Standards can be eliminated as only one measurement location is used and defined in #I above. b. Table 2 can be simplified as "Wall of structure proximate to complainant's location" is removed from six (6) locations in the table. See Exhibit A on page 2. Additional explanations for some of the proposed changes: I. The measurement location "Wall of structure proximate to complainant's location" would require the noise creator to enter the complainant's property in order to verify that he or she compiies with the noise ordinance. In addition, the complainant may like to enjoy a quite evening in his garden near the property line where the noise comes from. The noise level at a point near the property line could be considerable higher than what is allowed by the ordinance. The measurement at the property line will eliminate the above-mentioned problems. Some communities define the noise measuring location as "The property line closest to the source of the noise". This definition, however, is not as universal as the one proposed because in a situation where the source is only a few feet from the middle of the property a building could be between the source and the closest property line. The sound level at the property line in the opposite direction could therefore exceed the limit set by the ordinance. 2. The measurement location "Approximately 30 feet from the sound source". The purpose with this ordinance is to regulate and limit the noise for the people living outside the property where the noise is created. The measurement at the property line will meet this requirement and therefore the measuring point 30 feet from the sound source is unnecessary and should be removed from the proposed new ordinance. Should the creator of the noise want to have a 30 feet from the source reference (for monitoring the maximum level), he or she can of course create one by first checking the level at the property line and then again at 30 feet from the sound source. Respectfully Submitted, Anders Hellstrom WME Grandview Drive, Unit Fountain HMIs, AZ 85268 2016-09-01 Letter to FH Council and Plan Comm-revl .doc Plage 2 of,el Witii A Tad le 2 Perm islsit le Noises Levels: Meaailemerlt lacatiorl: A point on tha pragerty IirlEI v1Hera the SICIL rid IEIVEII iS tHEI H cjI est 20 6-09-0'I Letlei 'lo RH Council and Rlan Clomm-mvl.doc 'nim el Oecibel db AI M orlc a} — Thu rsc ay May 191 o September 19 5:30 am to 11:00 pm 55 11:00 pm to 5:30 am 45 M orlc a} — Thu rsic ay September 1610 May 14 6:00 am to 11:00 pm 55 11:00 pm to 6:010 am 45 Rric ay — Surlc ay All YElar 7:CI0 am to 11:00 pm 55 i 100 pm to 7:00 zlm 45 20 6-09-0'I Letlei 'lo RH Council and Rlan Clomm-mvl.doc Robert 'Bob' Rodgers From: Bev Bender Sent: Thursday, September 15, 2016 10:01 AM To: Robert'Bob' Rodgers Subject: 'FW: Proposed 'Noise Regulations Attachments: Proposed Noise Regulations Sept 15.pages -----Original Message - Prom: Jonathan Pearson -•, Sent: Thursday, September , To: Linda Kavanagh; Dennis Brown; Nick DePorter; Henry Leger; Alan Magazine; Cecil Yates; Bev Bender Subject: Proposed Noise Regulations Dear Mayor Kavanagh and Councilmembers: Please find attached my letter dated September 15, 2016. I appreciate your desire to promote economic development and strengthen the Town's businesses by adopting an Entertainment Overlay District. Noise regulations, however, for the Entertainment Overlay District may not be suitable for all zoning districts especially residential districts. Please reconsider the proposed noise regulations and protect the residential quality of life that we all enjoy in Fountain Hills. I will be out of town on October 5, 2016 and apologize in advance for missing the Town Council meeting. Sincerely, ]onathan H. Pearson 1 September 15, 2016 Linda M. Kavanagh, Mayor Dennis .Brown, Councilmember Nick DePorter, Councilmember Cassie Hansen, Councilmember Henry Leger, Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember Re: Proposed Noise Regulations Dear Mayor Kavanagh and Councilmembers: The citizens and staff that contributed many hours of their time to develop the proposed noise regulations are to be thanked. When a community works together on an issue, the result is usually the right policy. However, consideration of the proposed noise regulations raises the following question: Why allow outdoor amplified music for any commercial activity? Sound travels great distances in the desert. Any residence during anytime of the day should not be bombarded with unwanted noise. If a commercial enterprise wants to have live entertainment or amplified music then they should do it within the confines of a building. If the Town wants to work with the businesses regarding outdoor events, then the business could submit an application to the Town through a Temporary Use Permit type process. The Town could control the hours, the amount of amplification, and any other issues with conditions. If the conditions are violated, the activity could be shut down or not permitted in the future. Without having to wrestle with outdoor amplified music, a more concise, easier to understand, and easier to enforce noise ordinance could be adopted. An example would be Paradise Valley. Their ordinance has a maximum dB level of 56 from 7:00 am to 10:00 pm and a maximum dB level of 45 from 10:00 pm to 7:00 am and on all Sundays and specified legal holidays. The noise levels are taken at the property line. The ordinance, of course, allows for exemptions. Understanding that the two Towns are different, the residents of Fountain Hills, however, should have at least the same protection of its quality of life as the residents of Paradise Valley or any other community. If you decide to approve the proposed noise regulations, you may want to add a reasonableness clause. Such a clause should be in any noise ordinance and would be another tool for the code official or law enforcement officer to use to control unlawful noise and to help protect the 10,000+ households in Fountain Hills. Thank you for your consideration of these suggestions. Sincerely, �. ears� onathan Hon North Elena Drive Fountain Hills, Arizona 852+68 cc: Seveiyn J. Bender, Town Clerk Robert 'Bob' Rodgers From: Henry Leger Sent: Friday, September 9, 2016 4:16 PM To: Grady Miller Cc: RobertBob' Rodgers Subject: Fwd: Please do NOT increase Town Decibels FYI Sent from my Wad 09-12-16A06:37 RCVD Begin forwarded message: From Andi Bell " Date: September 9', 2016 at 2:04:49 PM MST To: Linda Kavanagh <lkavanaght�;fh.az.gov3, dbrowngfh.az.gov, ndeporter( ,ry ,fh.azov, chansen wfh.az.gov, hleger fh.az.gov, ama-gazine@,,fli.az. ogovv, Cecil Yates <cyates�"a7fh.az. ogv�, pzc.r lh.az.gov Subject: Please do NOT increase Town Decibels Dear Council and Planning & Zoning Commission: As a resident of Fountain Hills since 1982 I appreciate the quietness of this Town. I live close to the Avenue of the Fountains and do not want the the proposed ordinance to allow music to 85 decibels until 11:00 PM and to 75 decibels after that! Presently were are at approximately 69 dB(A) As it is now I can hear the music from around the fountain.... and the music park has not even opened yet. As a Realtor, I have assisted people to buy homes in this Town since 1985. People like and appreciate this Town's quietness AND the 'Low Light policy. Thank -you! And i Bell 1 EL CARPENTER NAZLEWOOD Carpenter, Hazlewood, paid a do a Bolen, PLC ATTORNEYS AT LAW PHOENIX Jonathan D. Ebertshauser, Esq. 16Oo East Southern Avenue, Suite 60o Tempa, Ariiona 85282-5891 Licensetl in Ansona T 480-427-2e00 e-mail. jonathane@carpenterhazlewood.com F 480-427-2eo1 direct: 480-427-2863 August 23, 2016 SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, FIRST CLASS MAIL, AND EMAIL (Ikavanaghnn fh.az.eov; dbrown(cdfh.az.gov; ndenortergfh.az.gov; chansen(a fh.az.gov; hleg fh.az.gov; amp a;= z�egth.az.gov; cvates(Ldfh.az.gov) Town Council Members Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Re: Proposed Noise Ordinance- Opposition Dear Members of the Town Council: Our firm represents the Villas at Copperwynd Association ("Association"). The Association recently became aware of a proposed ordinance that would amend the current noise restrictions in place within the Town of Fountain Hills. As a result, the Association has asked our office to articulate the community's opposition to the proposed ordinance. Throughout this year, the Villas at Copperwynd Association has come to the Town Council with concerns related to the noise issues that plague its homeowners. The Association has actively defended the homeowners from the possibility of increased disturbance and annoyance from the surrounding uses. The proposed amendment goes entirely against the Association's efforts that have been presented to the Town Council on multiple occasions. As each of you are likely aware, this Association is neighbored by the Copperwynd Resort & Club ("Club Property"). As we have previously explained, events held at the Club Property are historically loud and last late into the evenings, negatively impacting the neighboring homeowners and the Association. The Association has thus ALBUQUERQUE • PHOENIX • PRESCOTT • SALT LAKE CITY • SANTA FE • TUCSON CARPENTERHAZLEWOOD.COM NATIONWIDE T800-743-9324 • F800-743-0494 CIARPENIIER, HP ZLEV10011, DEL GP 00 & BOL EN, A LCI VILCIOPPOR.CICICH Augusl23, 0016 Page 2 reilied on the noise oid:inance :in the Town of Founlair.i Hills to mitigates the niegativei impaacat the noise emanating fiomi thlei Club PiiopertM has ori this communityl. Howeveu, as eiv:idenced 'HM our rcipeatcid atteimpts to eurta:il the noisca issues that glcirsisl within the Association, even the caurrerit noise ordir.ianeeis area insufficient to protacal thlei hlarmonyl and welfare ofltha homeowners withlir.i the Assocaiation. Rathear than addressing the multiple cor.iacims raised thli,,i ylear, this proposed ordinance would iristeaad raisa the parrr.issible sound level eixponeint:iallyi and iricareiase thla neigative impact ori thea Association's rasidenits and thla neighboring caommunitieis. TYaa proglosed Noisei Ordiniancaa requires that noise :lave:ls bei measured in 11wo saparata :localions ir oridar to derterrrir.ia wheithear a r.ioise violations eixist,,i. Suction 11-1- 7(E) ofltha proposad ordiriancaa rlrovide,,i in relevant part as follows: �A] noisei violation has occurrad whin thea dacihlel :leaveas at Cloth tha complairiant's'Iocalion and at approximatalyi thlirtyi (30) feet ftiom the Mound source axcacad tha maximumi c eiaihleil levels set forth) in Table 2 above. During a Nwiakldayl evening (Mlonday througlh Thwsdayl fromi 11:00 Flm to `_IMO am), thlei proposed ordinance permits sound,,i url to 75 dB(A) within 30 feet of the "sound source." It seems that thea okinancei atkimpts to caurtail the impacal of the r.oisei oni neighboring piopeirties by seittirig lower dacaibeal requiremerit,,i when measuring from the wall of the strLictwa poximatea to the comp➢aair.iant's :localion, which during this same lime pariod would Be 45dB(A). Howeiveri, lhei prioposed ordiniancae completely fails ini its objectiva and would in,,rteiad exacaerbatea the noisei issues that persist within the Association. ne :inteint to mcaaswe the rioise :leavels at the wall of the structure proximate to the caompla:inant's locaation is :inherer.itlM flawed. Owneirs hlava a right to the quiet canjoylment of their enit:irei proparty, riot meare:lyl the quiet enjoNmeinl within the ,ilructurie on their proglcartyl. Thla majority of caitieis hlava reacaognized thlis and instead mewiure nohiei levels at tha propert3i line calosest to the source of the noisa, wh:iah is 1Ihe miorie approprialia location for measureimeint in this case. Additioriaallyl, multiple Units withlin the As�iociatior.i are a apprioximatelyl 30 feet away) from Club Propertyl. Accord:ingllyl, tha subsaquenit sound meiaasuraments from thlei comp'lainant's wale would be supearfluous. This ordinance vuou:ld afffactivealy permit tha Club Propeartyl to emit r.io:ises up to at :least 79 dB(A) dwing the week ayl avean:ingl hlours aloria, wh:icah is drasticaallyl hlighlai thlan thlei l'im'it currently) ir.i place that is a:lreadyl ir.isufficaient in protecting tha comfort of the ias:idenit,,i. The exteint of this impacat onilyl :increases during thea weiakends and as the seasons chlange. On a wcieWay until 11:00 Flmi, multiple resk ants ofl tha A s,ioc:iation who livei approx:imateilyi 2I0 ft. from thlea Club Propeirtyl would liklelyl be suhjectead to noises ufI to 85 dB(A). CPRPENTER, HAZLHWOOD, CELGIADO & BOLEN, PI -CI VIL CIOPPER.CICICI1 P u gc St,23, 20'6 Page 3 Ad6t:ional:ly, mangy Homes throughout Flountain Hills are lociated within 30 ft. of their neighboring propearty. This is parlicularlyl trues ir.i 1Ihe Associalion as thle Units compose a Condominium Association and neaighboris share walls and live directly on tops of ones another. Thea proposed ordinarcie would expressly allow noisy neighboris and .Ioud, :late night parties. Thea ncaighbaring owneri would Haves no racaoursa against the noisy neighbor unless the noisca eaxceeaded the 7f-85 dB(A) :limitations seat forth in thea proposed okir.iancaca, which is drasticaallyll hligher than thea current noise standards. Such a policy fhvors those gcanerating noise (e.g. thlea partying neighbor or businass) over the hea:llh and general welfare of 1Iha law abiding citizens of this town. '➢o put this issua into pearspeactive, the U.S. Department of Labor, though the Occupational Safdly and Hleaalthl Admir.istriation ("CSHA"; raquires eamployers to prcav:ide heaaring protection devices to any emp:loylee eixiposad to at least 8 -hours of 85 dB(A) of noise. Thea proposed noise okiriancca careiates the poter.ilial for hcamcaowncars to be subjected to the same riskls 1Ihat have riaiscad the caoncerns of the U.S. Lleapartmer.it of LaMar. However, to requirea homeowncars to wear hearing protection devices with -n their homes is cleanly absurd, and to subjeaat blomeowneris to the possibility of such necessit3l is E rosslyl :inapprcapriatea. Thea stated goal of the proposcad ordinance is to "balances the nacad to protest lhca community against unreasonable noise w:ilh thea legitimate goal of promoting and ericaouragirig commercaial and business growth in the community." However, it seems that that thea proposed ordiriancaca provides slight benefit to busineasscas within thea town at thea incredible expanse of the ries:idents. To say otherwise would bo a blatant disreagard to thlca deas:ires avid cor.icaerns of your rcasid en1 s. Fountains Hi:l:ls was once citead as "a we:laome oasis on the outskirts of a metropo:lis" by Phoenix Magazine. UpIcan gassing thlis ordinance, Fountain Hills would inslcaad become one of tha noisiest towns in the valley. In fact, thea surrounding communitieas of Haradise Val:lcay and Scaotlikale have coach set a maximum aa:lowable noisea level, neilher of which) exceed 68 dE (A). Accokirig:ly, Aountain Hills would hardly be appropriately d ascribed as ari "oasis" fbom thlea noise and disruption cif the Phoenix metropoais. ➢he Town Council promised to p�rollecat 1Ihca surracaunidings and environmer.it that make the 'flown of Fountain Hi:l:ls the tranquil oasis thlat earnead its outstanding riegjulation. The 2(110 Strategic Plan adopted byl thea '➢own Counail specifrcallyl pleadges that the 'flown Counail will "[gl_ researve the natura beauty that surrounds us and protect it so futura generaticans caan eanjoyl it." The fact that lhca Town Council is ever.i er.ilertaining the proposad Noisa Ordir.ianaca in spite cif this prornise shlould cause immense alarm Ica thea residents of Aouritain Hills. CARPENTER, HAZLEWOOD, DELGADO & BOLEN, PLC VILCOPPER.0001 August 23, 2016 Page 4 The Association requests that the Town Council take a stronger position in support of the residents of Fountain Hills. It is clear that this proposed ordinance is not in the best interests of the community, but rather the interests of a few businesses. Such decisions should not be made in a manner that would so negatively impact the Fountain Hills quality of life that each resident strives to preserve. We welcome any questions the Town Council may have regarding the Association's position in this matter and look forward to addressing this issue at the upcoming Town Council meeting. Please feel free to contact me directly at (480) 427- 2863. Sincerely, y Jonathan D. Ebertshauser, Esq. for CARPENTER, HAZLEWOOD, DELGADO & BOLEN, PLC /,, 4,,, 7voi; Meeting Date: October 6, 2016 Agenda Type: Regular TOWN OF FOUNTAIN HILLS AGENDA ACTION FORM Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Development Services Director, 480-816-5138, rrodgers a-fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING to receive comments on ORDINANCE #16-04, proposed amendments to the Fountain Hills Zoning Map of approximately 63 acres in size, and proposed text amendments to the Town of Fountain Hills Zoning Ordinance, Chapter 12 — Commercial Zoning Districts and, adding a new Chapter 25, Entertainment Overlay District. If adopted, the amendments would create an Entertainment Overlay District which overlays portions of the downtown area. Case #22016-02 CONSIDERATION of ORDINANCE. #16-04, proposed amendments to the Fountain Hills Zoning Map of approximately 63 acres in size, and proposed text amendments to the Town of Fountain Hills Zoning Ordinance, Chapter 12 — Commercial Zoning Districts and, adding a new Chapter 25, Entertainment Overlay District. If adopted, the amendments would create an Entertainment Overlay District which overlays portions of the downtown area. Case #Z2016-02 Applicant: Applicant Contact Information: Property Location: The Town of Fountain Hills Planning & Zoning Division Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills General Plan - Downtown Area Specific Plan Zoning Ordinance Section 2.01 — Amendments or Zone Changes Zoning Ordinance Chapter 12 — Commercial Zoning Districts Fountain Hills Zoning Map Staff Summary (background): On February 11, 2016 the Planning & Zoning Commission established a sub -committee in order to study the possibilities of providing consistent noise regulations in all the zoning districts in the downtown area. It was noted that the downtown area contained at least three commercial zoning districts and there were at least two different criteria for outdoor entertainment (noise). The subcommittee returned their report on April 14, 2016. The subcommittee's report recommended some ordinance revisions as well as the creation of a Downtown Entertainment Overlay District that would allow for outdoor entertainment activities in the downtown area under Page 1 of 3 Downlown Overlay TC 10,16.1201(1 a sei of urlifcmm noisei regul0ions regandless of ihel acining cislrici. Zlte Rlanning & acning Corrmissicin ceepiec the corr mittee reiport and c irecied staff -lo initiate the ondinance arlc mail revisicina. F IGHLIGHTSI OF THE FIROFIOSED DOWN110" N EN118FTAIN N BNT OVE RLAY (OF 11 #16-04) 1. ChE pien 10, Section '12.02.C. 3 and Section '12.02.C.'18 of ll' a coning Orc inarleei E rei E rr eirlded io reference 11-e r1e1w CII' apter MI5 till if• a coning Ordinance. 2. Charlien 25 — Bnterizinment Overlay District, is adced to tfe Zoning Ordinc'rice. 111 -el idlers will- ftis overlay district is to E Ilow t l' a dciwntown businesses in t r ei C-2 and C-3 zoning c is1 rias nori h of t r ei Avenue of ll r e Fogy ME ins ilci operate unceril"EisErTE1 enitenia as i l" ei downtown t L sinesses in the ZIC C D zoning c isi nick on the south side of the A% enue of the Fountains. 3. Pe panameters for businesses within the merlay district to pnovice oLtdcior seating, dining, entertainment, and sirrilan acllNitieis are providec by urlifcirrr regulations to be applied througFout if•ei overlay districil regarc less of unc erlying coma ercial zoning district. - Outdoor enters ainrr ent will be penin itted all arty establisl• rr eint that I as a dec icat eid outdoor seating area lion food and/or beverages seruicie. - IVusici will t e alloweid in tf• ese ciutc oor areas - It allows tree Lee of public sicewalks with an appropiniailei erlcroachrr ent perrrill. -It requires ccrrpliarlce with the Si ate Dept cif LiclLor &I Control regulations. - Fequines corr pliance with the Town's noises negulations. 4. Tt a Downtown Bntertairlrrerii Overlay boundanies are clearly c efined and amenc ed to trey official coling Map as an merlay cisilnici. FIW Analysis (options or alternatives with irr plications:: Applrmal will allow any dowrltowrl business witf outdoon seating areas to provide aclNilkis and entertainment negardless of the L rlderlying aaning c isirici. MerSby, including dowrltowrl businesses in the C-2 and C-3 C ist nicks. Denial will cause the e)istirlg restrictions on outdoon activities tc rerrain in effect thereby only allowing t L sinesses in the TCCD district ile Firm ide outdoon enters ainment. Fiscal Impacit (linitial and ongoing costs; budget status): N one Budget Reference (page nL rrt er; : NA Funding Slourcie: NA If Mu Itiple Funds utilized, list f ere: Nps Budgeted; if N oi, attaoh Budget AdjL stmerlt Rcirm: NA Reccimirriendatioin(ls; Hy Boaud(s) eir Corrimissioin(ls;: 11he Planning 81 Zoning Carrm ission held a put lic f earirq cin Slepterrt ff 8, 20'16. Zlhe Commission voted L nanimoLsly to forwanc a recon rr endaticrl to Zlown Council to approve Ondinanee #16-04 - Downtown Brltertainment Overlay District as presented. Sltaff Recommend atieirills): Staff recon rrends that if e Town Coy ncil aplprove Crdirlance #16-CI4, amenc ing tl' a coning Ordinance Chapter 12, ac c ing a new Zoning Ordinance Chapten 25, and arreirlding the acning Map by ac ding t l' a Downtown Erllertairlmerii Cverlay acning District, as presented. Aagge'.I (if l3l Downtown Ov.), TC 10/62016 SUGGESTED MOTIONS: Move to approve Ordinance #16-04, related to the Downtown Entertainment Overlay Zoning District regulations and Zoning Map amendments, as presented. - Attachments: Ordinance #16-04 (6 pgs) 9/8/2016 Draft P&Z Commission Meeting Minutes P&Z Subcommittee Report Submitted by: Wobert R dgers 9/27/2016 Development Services Director Date Approved: 9/28/2016 Grady Miller, To M ager Date Page 3 of 3 Town of Fountain Hills Staff Presentation AIN R Downtown Entertainment Overlay District DOWNTOWN ENTERTAINMENT OVERLAY (ORD #16-04) • Chapter 12, Section 12.02.C. 3 and Section 12.02.C.18 of the Zoning Ordinance are amended to reference the new Chapter 25 of the Zoning Ordinance. • Chapter 25 — Entertainment Overlay District, is added to the Zoning Ordinance. The intent with this overlay district is to allow the downtown businesses in the C-2 and C-3 zoning districts north of the Avenue of the Fountains to operate under the same criteria as the downtown businesses in the TCCD zoning district on the south side of the Avenue of the Fountains. • The parameters for businesses within the overlay district to provide outdoor seating, dining, entertainment, and similar activities are provided by uniform regulations to be applied throughout the overlay district regardless of underlying commercial zoning district. • Outdoor entertainment will be permitted at any establishment that has a dedicated outdoor seating area for food and/or beverage service. • Music will be allowed in these outdoor areas • It allows the use of public sidewalks with an appropriate encroachment permit. • It requires compliance with the State Dept of Liquor & Control regulations. • Requires compliance with the Town's noise regulations. • The Downtown Entertainment Overlay boundaries are clearly defined and amended to the official Zoning Map as an overlay district. Recommendations Planning & Zoning Commission Approve Staff Approve ORDINANCE 16-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12, COMMERCIAL ZONING DISTRICTS, RELATED TO OUTDOOR ENTERTAINMENT, ADDING A NEW CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, AND AMENDING THE OFFICIAL ZONING DISTRICT MAP. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Ordinance No. 93-22 which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 12 (Commercial Zoning Districts), Subsection 12.02(C) (Additional Uses Permitted in C-2 and C-3 Zoning Districts), to allow outdoor entertainment, and to add a new Chapter 25 (Entertainment Overlay District) to create an overlay zoning district for downtown to allow for outdoor entertainment; and WHEREAS, the Town Council desires to amend the Town of Fountain Hills Official Zoning District Map (the "Zoning Map") pursuant to ARIZ. REV. STAT. § 9-462.04, to modify the zoning designation for an approximately 63 acre area of real property to include the Entertainment Overlay District (the "Zoning Map Amendment"); and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this Ordinance were advertised in the August 24, 2016 and August 31, 2016, editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on September 8, 2016, and by the Town Council on October 6, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 12 (Commercial Zoning Districts), Subsection 12.02(C) (Additional Uses Permitted in C-2 and C-3 Zoning Districts) is hereby amended as follows: 3. Bars, including retail sales of package goods for off-site consumptions, provided that there is no entertainment or music audible off-site UNLESS OTHERWISE PERMITTED PURSUANT TO CHAPTER 25 OF THIS ORDINANCE. No adult entertainment. 2754930.3 18. Restaurants and cafes, including outdoor patios with or without cocktail lounges, provided that there is no entertainment or music audible off-site UNLESS OTHERWISE PERMITTED PURSUANT TO CHAPTER 25 OF THIS ORDINANCE. and provided thm Aany outdoor patio with alcoholic beverage service must be enclosed as required by Arizona Revised Statutes § 4-207.01, as amended, except for the time during which a current and applicable barrier exemption, as granted by the Arizona Department of Liquor Licenses and Control, is in place for the outdoor patio. SECTION 3. The Zoning Ordinance is hereby amended by adding a new Chapter 25 (Entertainment Overlay District) as follows: Sections: 25.01 Purpose and Intent 25.02 Provisions Applicable to all Uses Section 25.01 Purpose and Intent The Entertainment Overlay District is an overlay zoning district covering portions of downtown within the Downtown Area Specific Plan area, as shown in Figure 25-1 below; any property located either partially or wholly within the district is allowed the uses in this Chapter. The overlay district is intended to allow for outdoor entertainment and uses to establish a more vibrant and active downtown area. The Entertainment Overlay District modifies the underlying zoning district regulations only to the extent specifically set forth in this Chapter. If not specifically modified in this Chapter, all of the regulations in effect in the underlying zoning districts will remain in full force and effect. [Figure 25-1 on following page] 2754930.3 2 TOWN OF FOUNTAIN HILLS ENTERTAINMENT [OVERLAY DISTRICT Figure 25-1 2754930.3 3 Section 25.02 Provisions Applicable to all Uses A. Outdoor Entertainment is permitted at any establishment with dedicated outdoor seating areas for food and beverage service. B. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service. C. Establishments with dedicated outdoor seating areas for food and beverage service shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended. D. Outdoor seating areas for food and beverage service shall comply with any applicable barrier requirements from the Arizona Department of Liquor Licenses and Control. E. Outdoor seating areas for food and beverage service are allowed within the sidewalk areas, provided an encroachment permit is approved by the Town Council, in its sole discretion. SECTION 4. The Zoning Map Amendment applicable to the approximately 63 acre area of real property generally bounded by Palisades Boulevard to the north, Saguaro Boulevard to the east, La Montana Boulevard to the west and Avenue of the Fountains to the South, as more particularly depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby approved. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 6, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2754930.3 2 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO ORDINANCE 16-04 (Map of Property) See following page. 2754930.3 TOWN OF FOUNTAIN HILLS ENTERTAINMENT OVERLAY DISTRICT Figure 25-1 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION September 8, 2016 Vice -Chairman Mikolajczyk opened the meeting at 6:30 p.m. ROLL CALL: The following Commissioners were present: Vice -Chairman Eugene Mikolajczyk. Commissioners: Stan Connick, Howie Jones, Susan Dempster and Roger Owners. Also in attendance were Bob Rodgers, Interim Development Services Director and Paula Woodward, Executive Assistant and Recorder of the minutes. Chairman Michael Archambault and Commission Jeremy Strohan were absent. Vice -Chairman Mikolajczyk requested participation in the Pledge;of.Allegiance and a moment of silent reflection. CALL TO THE PUBLIC No one wished to speak. Commissioner Howie Jones MOVED to APPROVE the meeting minutes dated Thursday, August 11, 2016 as written. Commissioner Stan Connick SECONDED and the MOTION CARRIED UNANIMOUSLY. AGENDA ITEMS #2 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 16-08, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. CASE #Z2016-05 AGENDA ITEMS #4 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 16-04, PROPOSED AMENDMENTS TO THE FOUNTAIN HILLS ZONING MAP OF APPROXIMATELY 63 ACRES IN SIZE, AND PROPOSED TEXT AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12 COMMERCIAL ZONING DISTRICTS AND, ADDING A NEW CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT. IF ADOPTED THE AMENDMENTS WOULD CREATE AN ENTERTAINMENT OVERLAY DISTRICT WHICH OVERLAYS PORTIONS OF THE DOWNTOWN AREA. CASE #22016-02 Vice -Chairman Mikolajczyk opened the Public Hearing at 6:32 p.m. for agenda items #2 and #4. Bob Rodgers gave a presentation about the Noise Regulations. Mr. Rodgers explained the recommendations brought forth in 2010 by a Noise Committee were appointed by the P&Z Commission. Their regulations were simplified, illustrations were added, and enforcement was provided with a reasonable and easy to enforce 2 -part process for determining if there is a violation. This ordinance was actually initiated in 2011 but due to an upcoming event in the downtown area the ordinance was temporarily tabled. The P&Z Commission established a second subcommittee in February 2016 with the charge to return with recommendations for a consistent set of regulations primarily for the downtown area and also to re -look at the previous proposal. The committee presented its report on April 10, 2016.The report recommended some miner changes to the previous proposal and also that a Downtown Entertainment Overlay Page I of 7 District be established in order to provide the entire downtown area with consistent rules regarding events and other outdoor activities. The Commission discussed the proposed ordinance changes with the Town Attorney on July 28th. At that meeting there were a few differences between the noise ordinance proposal and the Downtown Entertainment Overlay District proposal that needed to be sorted out. The Commission explained your intentions and the Town Attorney has revised both ordinances accordingly. The Commission then instructed staff to initiate the ordinance amendment. Mr. Rodgers said t Town Attorney's revised versions of the noise ordinance, along with the Downtown Entertainment District Overlay map amendment and its accompanying regulations are before the Commission tonight. Mr. Rodgers reviewed highlights of the proposed Noise Ordinance: (ORD 16-08) I. There are currently two noise ordinances. One in the Zoning Ordinance (5.19.A) & One in the Town i e (11-1-7) This proposed revision removes the noise regulations fi6r the Zoning Ordinance entirely and places everything in the Town Code for ease of reference, -,,t also better enables the Sheriff's office to enforce the ordinance. 2. The noise ordinance establishes specific, measurable maximum decibel levels that will be allowed during specific times of the day, specific days of the week, and specific months of the year. 3. The noise ordinance establishesan equitable two-part test to determine if/when a violation has occurred. - This test requires that a DB meter reading be taken approximately 30' from the source of the noise. - The test then requires that another DB meter reading be taken at the location of the complaint. - A violation is judged to have occurred if both locations register as being in excess of the permitted decibel levels. 4. Violations have been defined as Civil offenses, which if repeated often enough may become criminal offenses according to already established Town Code provisions. S. And, there is a list of relatively standard exemptions, that will include noise that is generated by an event being conducted under an issued Special Event Permit. Mr. Rodgers referred to an overhead screen slide and provided highlights of the proposed Downtown Entertainment Overlay District: 1. Amends the Zoning Map by establishing a defined boundary for the overlay district. Palisades-Saguaro-AOTF-La Montana. Also includes the commercial end cap of the Copper Ridge propertyjust west of La Montana. 2. Creates a new Chapter 25 in the zoning ordinance that outlines the overlay's regulations. - Outdoor entertainment will be permitted many establishment that has a dedicated outdoor seating area for food and/or beverage service. - Music will be allowed in these outdoor area - It allows the use of public sidewalks with an appropriate encroachment permit. - It requires compliance with the State Dept of Liquor & Control regulations. - And it requires compliance with the Town's noise regulations. Page 2 of9 Mr. Rodgers said the Commission's intent with this overlay district is to allow the businesses in the C-2 and C-3 zoning districts north of the AOTF to operate under the same regulations as the TCCD zoned properties south of the AOTF and across Saguaro BLVD new the lake. Mr. Rodgers stated that staff has reviewed both these proposals and believes that they are superior to the current regulations in fairness, understandability and enforceability. Staff recommends that the Planning & Zoning Commission forward recommendations to Town Council to approve Ordinance 1116-08 (the noise ordinance amendment) and Ordinance 416-04 (the Downtown Entertainment Overlay District) as presented. Vice Chairman Mikolajczyk asked how the 2010 committee was formed. Mr. Rodgers said the committee was appointed by the Planning. and Zoning Commission and consisted of some members of the Planning and Zoning Commission, town residents which included an ASU professor and a Hollywood sound professional. Commissioner Jones asked why was there so much time allowed to pass since the creation of the committee. Mr. Rodgers said some time ago, there was a major event intown and the ordinance change was postponed because it would have affected that particular event. In response to Vice -Chairman Mikolajczyk Mr. Rodgers said the committee originally considered a "generic" ordinance for the entire town. The change with the downtown district is that everyone can have outdoor entertainment as long as they meet the noise ordinance. Vice -Chairman Mikolajczyk stated the current ordinance measures noise at the property line and the proposed ordinance has two methods to measure noise, why a change in the way noise is measured. Mr. Rodgers said the previous ordinance measures noise at the property line. A golf course property line compared to a residential property to measure noise is inconsistent. By measuring not only at the property line but at the source demonstrates whether or not both measures are in compliance. Commissioner Jones asked if Mr. Rodgers reviewed any other municipalities noise ordinance and were any of them more stringent ordinances. Mr. Rodgers stated he reviewed Phoenix, Mesa, Tempe, Scottsdale, Paradise Valley and Maricopa County. The cities reviewed did not have ordinances any more stringent than Fountain Hills. Some did not define the point of sound measurement. Commissioner Owers askedhow the decision was made about the 85 decibels and 55 decibels for a residence. What is the rumen test for decibels. Discussion took place amongst the commissioners and Mr. Rodgers about the difference decibels and a sliding scale. Mr. Rodgers said it depends on the time of day, frequency and we do not have the equipment to test decibels. The sheriff's office would be enforcing most likely since code enforcement does not work evenings or weekends. They will be provided equipment if the ordinance is passed. Commissioner Dempster asked if there have been any recent noise complaints Mr. Rodgers said he had not received any noise complaints recently. Page 3 of] Commissioner Cormick asked what is 55 - 60 decibels. He then spoke louder and Vice-chairman Mikolajczyk stated it was at 89 decibels on his phone app. Vice-chairman Mikolajczyk asked if there were any one from the public wishing. to speak. Mr. Bill Hinz, a Copperwynd resident and owner of Copperwynd Resort spoke in favor of the proposed noise ordinance. Mr. Hinz stated the letter submitted by the HOA on behalf of the resident from the Villas does not represent him nor every resident of the Villas. Mr. Hinz stated he owns three of the units and was never asked. He said if the propose changes in the letter are implemented it will be detrimental to his business and many businesses in Fountain Hills. Copperwynd has been in business for 16 years providing special event services such as weddings, corporate events and private parties. The homeowners at the Villas signed CC & R's that specifically state they live next to a resort and not complain about noise. Mr. Hinz said he has made adjustments to accommodate sound coining from events such as turning speakers in towards the building, offer to control decibel levels, asked music providers not to use sub woofers. Mr. Hinz urged the Town to approve the proposed ordinance as is without any changes. Mr. Mark Sahl, Attorney for the Villas at Copperwynd spoke against the proposed Noise Ordinance. Mr. Said provided a handout (A Guide to New York City's Noise Code) to the commissioners. Mr. Saul stated, there is an issue between the Villas at Copperwynd HOA and the Copperwynd Resort. This is more than about one business, it's about all of Fountain Hills. Mr. Sahl spoke about the two prong test, and that both must be meet. The first criteria is the noise must be thirty feet from the sound source at eighty-five decibels. Mr. Sahl gave examples of sounds at different levels of decibel, Mr. Sahl said that New York City and other cities do not have such a high decibel allowance and Fountain Hills could be the nosiest city in Arizona. He said the Fountain Hills Ordinance is not the same as other cities and there is not enough current information to support the proposed ordinance. Mr. Saul said, they, (Villas at Copperwynd HOA) would ask the commission not to recommend this ordinance to town council. Vice-chairman Mikolajczyk closed the public hearing at 7A1 p.m. Vice Chairman asked commissioners for any comments, questions or discussion regarding agenda items three and five. In response to Commissioner Jones, Mr. Rodgers said he did not have details regarding towns with designated resort areas. Commissioner Dempster commented that residents are going to make complaints about bothersome noise. Residents are not going to know or measure the decibel level of the noise. Commissioner Dempster also stated that the low attendance of the meeting did not reflect the amount of concerned residents. Pe e4ofr Commissioner Owers said that Mr. Saul stated Fountain Hills would be the nosiest city if it were to pass this ordinance. Commissioner Owers asked Mr. Rodgers for clarification. Mr. Rodgers said Fountain Hills cannot be compared to other cities. The eighty-five decibels may be one of the highest in the state. Each cities situation is unique when it comes to noise. Fountain Hills would be the noisiest town in the state only if the ordinance was violated. Mr. Rodgers also stated that a disturbing the peace ordinance is of the lesser which the sheriff's office could respond and enforce. Commissioner Connick stated he is in support of the ordinance. He gave an example of his residence and the noise he may hear from an outdoor residential party in his neighborhood. He stated the noise is tolerable. Commissioner Owers stated he is in support of the proposed ordinance but was unclear of what decibel level would fit Fountain Hills the best. He suggested more current information and research is needed for a conclusive decision. Commissioner Jones stated he is sympathetic to both sides. He agreed to further research compiled and studied by staff. Vice-chairman Mikolajczyk stated there is no formal motion. He said he researched common noises and their measure of decibels; normal conversation- 3 to 5 feet is 60-70 decibels, :phone dial tone is 80 decibels, city traffic from inside your vehicle is 85 decibels, average home amb noise is 40-50 decibels, refrigerator running is 50-55 decibels. Vice-chairman Mikolajczyk went on to say that music would be the most common noise affected by the proposed ordinance. His research included the following decibel measurements of musical instruments; piano practice is 60-70 decibels, solo violin is 84-103 decibels, clarinet is 92-103 decibels, an auditorium with a small chamber group with 4— 5 string instruments is 75- 85 decibels. Vice-chairman Mikolajczyk said he found the handout (A Guide to New York City's Noise Code) from Mr. Saul interesting that it lists a specific regulation that commercial establishments that play music must limit the level of unreasonable or disturbing noise that escapes into the streets or heard in nearby residences by requiring that sounds levels may not exceed; 42 decibels as measured from inside nearby residences which is more stringent when compared to the proposed Fountain Hills ordinance. Vice-chairman Mikolajczyk said he was unsure of want the measurable decibel should be and suggested passing theproposed ordinance on to the town council to decide. They can receive the feedback from the community. He explained it would make more sense to pass it on now than to have staff do research and submit again to the commission when it would go to council anyway. He said he would be comfortable forwarding both ordinances to council. Commissioner Connick moved to recommend both ordinances to town council. Vice-chairman Mikolajczyk said he would like to see each ordinance motioned separately. Commissioner Jones agreed with the Chairman to vote on each ordinance separately. Commissioner Cormick MOVED to forward a recommendation to the Town Council to approve Ordinance 16-04, related to the Downtown Entertainment Overlay Zoning District regulations and Zoning Map amendments, as presented. Commissioner Dempster SECONDED and the MOTION CARRIED UNANIMOUSLY 5/0. Commissioner Dempster suggested the new noise ordinance is matched with the Downtown Overlay and the remainder of the town keep the existing ordinance. Page 5 of] Mr. Rodgers stated that would be a different ordinance and a new public hearing must take place. There would need to be revisions in the ordinance. It would be hard to leave one ordinance and the other move to the town code which then conflict each other. Commissioners Jones asked if a Special Use Permit would still need to be used for events? Mr. Rodgers explained there are 3 different type of permits issued currently; Special Event Permit for larger organizations events held downtown &around the park area, Temporary Use Permit for smaller size events around town, and the Administrative Use Permit which is what Copperwynd applies for after hours. These regulations would not change. Vice-chaimum Mikolajczyk asked for a motion. Commissioner Connick MOVED to forward a recommendation to the Town Council to approve Ordinance 16-08, related to the noise regulations in the Zoning Ordinance, Chapter 5 and Chapter 18, as presented. Motion failed. Commissioner Jones said he got the impression he is not the only that sees both sides of the story. He suggested two separate levels of ordinances such as one residential and another for resorts. Vice-chairman Mikolajczyk said this would go to town council regardless of the vote outcome. He said he did not want to guess what the commissioner wanted such as going back to staff for research or on to council. Commissioner Dempster said we are making this more complicated than it needs to be. We are trying to correct an ordinance that is hard to follow and enforce. Commissioner Dempster MOVED to forward a recommendation to the Town Council to approve Ordinance 16-08, related to the noise regulations in the Zoning Ordinance, Chapter 5 and Chapter 18, as presented. Commissioner Connick SECONDED. Commissioner Owers said he would prefer further research by staff before any decisions are made. Commissioner Connick said he agrees with Commissioner Dempster that we are making this much to difficult. Vice-chairman Mikolajczyk asked for anymore decision and then a vote by roll call. Commissioner Connick Aye Commissioner Dempster Aye Commissioner Jones Nay Commissioner Owers Nay Vice-chairman Mikolajczyk Aye MOTION CARRIED 3/2. AGENDA ITEM #6 - COMMISSION DISCUSSION/REOUEST FOR RESEARCH TO STAFF. Items listed below are related only to the propriety of (i) placing items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Commission. In response to Commissioner Owers Mr. Rodgers stated the lighting ordinance is scheduled to appear on the October 13* Planning and Zoning Commission agenda. Page 6 of AGENDA ITEM #7 - SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER. Mr. Rodgers asked for a recap regarding the commissions 3 / 2 vote. The recap would be forwarded to town council. Commissioner Jones volunteered to compose and submit the opposition. Vice-chairman Mikolajczyk said he would write the recap for the new ordinance. AGENDA ITEM #8 - REPORT FROM SENIOR PLANNER AND ZONING ADMINISTRATOR None AGENDA ITEM #9 - ADJOURNMENT. Commissioner Jones MOVED to adjourn the SECONDED and the MOTION CARRIED UNA FOUNTAIN HILLS PLANNING & ZONING WM Chairman Mike Archambault ATTEST: Paula Woodward, Executive: Assistant CERTIFICATION p.m. and Commissioner Owers I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 8th day of September 2016, in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this 13`s d, of September 2016 Paula Woodward, Executive Assistant PW 7 of7 April 14, 2016 Outdoor Entertainment Discussion Background: Currently in Fountain Hills the only Businesses that are zoned for and permitted to have Outdoor Audible Entertainment are located in a very small section of the down town area called the TCCD, Town Center Commercial District. (Map attached) Chapter 18 TOWN CENTER COMMERCIAL ZONING DISTRICT Section 18.03 Permitted Uses 23. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without alcoholic beverage service, subject to the regulations of this Chapter IS and provided that any outdoor patio with alcoholic beverage service must be enclosed as required by Arizona Revised Statutes § 4207.01, as amended, except for the time during which a current and applicable barrier exemption, as granted by the Arizona Department of Liquor Licenses and Control, Is in place for the outdoor patio. The Town adopted the Downtown Area Specific Plan (AKA the Swaback Plan) in December of 2009 with the aim of developing flexible and pro -active framework in which the Town can create opportunities for events and recommend ordinance amendments. The Plan outlines a number of scenarios and creates a "Downtown Vision". The Vision provides for an invigorated business climate. Throughout the Plan the goal seems to be a downtown MUST VISIT magnet for visitors — a vibrant, attractive town center. (6 pages of Plan are provided; full Plan is available) The Goals of the Avenue District and the Business District, the core of the downtown: • Comfortable atmosphere for strolling, sight-seeing and shopping • Restaurants that attracts the attention of visitors and guests • Outdoor sidewalk cafes and dining are highly encouraged • Promote entrepreneurship through a variety of commerce • Traditional retail and services • Must Visit— Magnet for visitors Outdoor Entertainment Chapter 12 COMMEM IA L ZONING DISTRICTS Section 12.02 Plermittet Uses C. Additional Usesi Heirmitlled fn C-2 and C-3 Zoninjl Districts are as follows: 118. Restaurants airid cafes, incilccing ciutdocir paitics with cir without cechtail locrules, pro%iced that there hi nci ciritertairimenl cir music aiuditle oft -sine anc provicicid Ihat any, outdoor patio with ailcohclic beveraiga scir%icci musit be ariolwed asi requited by Ariaonai Revised Staluesi § 4-201.1] 1, as acme ride, except for the time c u rinil wt ieh ai cu rrc ril aind applicait lci tarrieir eixcirription, a s granteid by the Arizona Elerlartment c 11 Liquor Licurises a rid Control, is in place for the ou I cool patio. Options: To cireate an overlay to allow more t Lsines9Eis in fic a ntaiin Hills tc hai%e Clutdoor Audible Entertainment in th e c owntowri area. Currently I f Ei eom mereial t L sines sEis Ic ciatec in these areas arc not allowed to t ave ariy OL tc oar aL c ible entertalinrr Eiril. Miiuicm I l" Ei TCCID's @µ idedines that allc w I he t L sinesses to t ave Outdoor Audit le Entertalinrr Eiril. Ele respectfu I of SL rrau riding resident ial areas. Tte change woulc enhance somEl properties zoned CI -2 aru C-3. Ari overlay vs. a change to zoning. jNote: 9ofrita's Restaurant t as a recei% EIC a Perry ariEiril Ericroachn- Eiril Permit for outdoor tat les and Eiril eh airim ent.; Rece mmendalicim: Creala ari ovEirlay for Plat 208, plus vacant lot, corner con- mereial Icil betwElElri Post Clfilioe and Sheridan Plaza, to allow Outdoor Audit lEi ElntertainrT cril as identilliElC in the TCICID area. No bou ric ariEi9 boarc Eui residential areas Alltachlme ntisl: Map iceritifyiri1] zonin® in Downtown area, specifically TCCD, CI -2 zinc C -2I zones Downtown Area 9rleoifia Plan Letter of support llrcim (it amber Bresic ent Noise arc inancE1 C Ltdoor Elriteirlainmenil i Rid - VA Rk `! R.3_ , R4 r . RIM °,.�� ;��• P.U.D. �rZ y v . 5 1 411 rNs r1� 4�r i 11g d, RI-I Ik BUP,D; RH R4 i I, 1 a4m ' R4