The URL can be used to link to this page

Home My WebLink About170119PAIN�l NOTICE OF THE REGULAR SESSION OF THE 'chars �Y''FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, JANUARY 19, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS REVISED: 1/18/17 Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 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\2017\rl70119\170119a.docx Last Printed: 1/18/2017 9:57 AM Page 1 of 3 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Rabbi Mende Lipskier, the Chabad of Fountain Hills ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a Proclamation declaring February 9, 2017 as Pony Express Day in the Town of Fountain Hills. ii) The Mayor will read a Proclamation recognizing Pastor Don Lawrence for his contributions to the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council 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. 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 January 5, 2017. 2. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday, March 25, 2017. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Boris Biloskirka) for the promotion of a fund raiser to be held at two locations: (1) at Verde River Drive and (2) on Saguaro Boulevard, between Paul Nordin Parkway and Avenue of the Fountains, Fountain Hills, AZ, in conjunction with the Fountain Hills Great Fair, from 10:00 AM to 6:00 PM daily, Friday, February 24, 2017, through Sunday, February 26, 2017. z:\council packets\2017\r170119\170119a.docx Last Printed: 1/18/2017 9:57 AM Page 2 of 3 4. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be held on Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday, March 26, 2017. REGULAR AGENDA 5. CONSIDERATION of RESOLUTION 2017-01, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Plat 602A, Block 1, Lot 36 (15524 E. Cavern Drive), as recorded in Book 161, Page 42, records of Maricopa County, Arizona. (EA2017-01) 6. CONSIDERATION of an AGREEMENT OF SALE, between the Town of Fountain Hills and Fountain Hills Theater, Inc., for sale of the Community Theater property. 7. CONSIDERATION of RATIFYING the Town Manager's emergency procurement related to repairs to the Fountain Lake aeration system and AUTHORIZING the Town Manager to execute contracts related to the repairs in an amount not to exceed $203,000. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 9. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this 12th day of January, 2016. Bevelyn J. ender, 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\2017\rl70119\170119a.docx Last Printed: 1/18/2017 9:57 AM Page 3 of 3 AIN�l NOTICE OF THE REGULAR SESSION OF THE 'chars �Y''FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, JANUARY 19, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS REVISED: 1/18/17 Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 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\2017\rl70119\170119a.docx Last Printed: 1/18/2017 9:57 AM Page 1 of 3 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Rabbi Mende Lipskier, the Chabad of Fountain Hills ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a Proclamation declaring February 9, 2017 as Pony Express Day in the Town of Fountain Hills. ii) The Mayor will read a Proclamation recognizing Pastor Don Lawrence for his contributions to the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council 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. 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 January 5, 2017. 2. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday, March 25, 2017. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Boris Biloskirka) for the promotion of a fund raiser to be held at two locations: (1) at Verde River Drive and (2) on Saguaro Boulevard, between Paul Nordin Parkway and Avenue of the Fountains, Fountain Hills, AZ, in conjunction with the Fountain Hills Great Fair, from 10:00 AM to 6:00 PM daily, Friday, February 24, 2017, through Sunday, February 26, 2017. z:\council packets\2017\r170119\170119a.docx Last Printed: 1/18/2017 9:57 AM Page 2 of 3 4. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be held on Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday, March 26, 2017. REGULAR AGENDA 5. CONSIDERATION of RESOLUTION 2017-01, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Plat 602A, Block 1, Lot 36 (15524 E. Cavern Drive), as recorded in Book 161, Page 42, records of Maricopa County, Arizona. (EA2017-01) 6. CONSIDERATION of an AGREEMENT OF SALE, between the Town of Fountain Hills and Fountain Hills Theater, Inc., for sale of the Community Theater property. 7. CONSIDERATION of RATIFYING the Town Manager's emergency procurement related to repairs to the Fountain Lake aeration system and AUTHORIZING the Town Manager to execute contracts related to the repairs in an amount not to exceed $203,000. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 9. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this 12`x' day of January, 2016. Bevelyn J. ender, 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\2017\r1701 l9\170119a.docx Last Printed: 1/18/2017 9:57 AM Page 3 of 3 �M-Wx OF FOUNTAIN3-alYs PROCL.2NATION 'Whereas, the Pony Express played a particuCarCy important and coCorfuC part in the history of the 'West dating back between i86o and1861; and Whereas, each year the Pony Express riders are remembered with a commemorative ride by the members of the Hashknife Gang traveling from Holbrook to Scottsdale; and 'Whereas, Fountain Hi(Cs is the next to Cast stop on their trek; and Now, Therefore, February g, 2017 is hereby proclaimed to be Pony Express Day in the Town of Fountain HiCCs. ACC Town residents, visitors, and residents and visitors of surrounding areas are invited to join in the festivities and dress western to commemorate this part of our history in the 'West. Datedthis 1g`h day of January, 2017. // .h"aian a ynr ,ro-ww OF Fou-wT-vw- —r cs PROCILAMA97ON Whereas, Pastor Lawrence established the Fountain Hills Men's Softball League in the 1980s and it is still going today under the Town's Community Services Department; and Whereas, Pastor Lawrence co-chaired a fundraising campaign to purchase and install the first playground equipment at Golden Eagle Park; and Whereas, Pastor Lawrence served as president of the Noon Kiwanis Club and served on the boards of the Fountain Hills Civic Association and Sunridge Foundation; and Whereas, Pastor Lawrence served on the Fountain Hills Town Council for five years including one term as Vice Mayor; and Whereas, Pastor Lawrence served as spokesman for the school bond promotion committee and the spokesman and co-chair of the Citizens for the Widening of Beeline Highway Action Committee; and Whereas, Pastor Lawrence is the founding Pastor of Christ's Church of Fountain Hills where he has ministered since 1984; and Whereas, Pastor Lawrence has chaired numerous times and continues to be an active participant of the Fountain Hills Ministerial Association; and Whereas, Pastor Lawrence was voted to the list of the town's top 20 volunteers in 1991 and was inducted into the Lower Verde Valley Hall of Fame in 2007; Now, therefore, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona do recognize the volunteer efforts and express deep gratitude to Pastor Don Lawrence for his many generous contributions to the Town of Fountain Hills. The Town is proud to have a resident who has so unselfishly given of himself. ' DATED this 191h day of January, 2017 M. Kovdnbgh, Mayor Attest., Bevelyn J. Be er, wn Clerk Meeting Date: 1/19/2017 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 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 January 5, 2017. Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form:. NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): None SUGGESTED MOTION (for council use): Move to approve the consent agenda as listed Prepared by: QLr�z� Bevelyn Bender, Town Clerk 1/9/2017 Approved: Grady E. Miller, Hager 1110/2017 Page 1 of 1 Meeting Date: 1119/2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL 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 FAIRIFESTIVAL LIQUOR LICENSE APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 24 through Sunday, March 25, 2017. Applicant: Charles Martinet Applicant Contact Information: 480-822-7688,E N. Via Paseo Del Dur, #515, Scottsdale, AZ, 85288 Property Location: Avenue of the Fountains, Fountian Hills, Arizona 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 Fair/Festival liquor license application submitted by Charles Martinet representing Grand Canyon Winery, 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, 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 License as presented. Page 1 of 2 Prepared by. Rachael Goodwin, RecreatltS ervisor 11912017 Director's Approval: �/ Mark ayer, ommunity rvices erector 1 92011 Approved: Grady Mi er, Town qanager 1/9/2011 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 1/4/17 N/A • Streets Division Jason Field • Fire Department Community Services Rachael Goodwin V • Building Division Development Services Bob Rodgers • Community Services Fire Department • Development Services • Law Enforcement Mark Fisher ✓ • Licensing Licensing Sonia Kukkola FR: Rachael Goodwin, RE: Liquor License Application Justin Weldy Recreation Supervisor 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: Grand Canyon Winery Applicant: Charles Martinet Date(s) of Event: March 24-26, 2017 at Saguaro Blvd and Ave. of the Fountains, in conjunction with the Thunderbirds Fine Art and Wine Affaire. Date Application Received: 1/4/17 Town Council Agenda Date: 1/19/17 STAFF REVIEW AND Department/Division Staff Member Approved Denied N/A Building Safety Jason Field x Community Services Rachael Goodwin V Development Services Bob Rodgers X Fire Department Jason Payne Law Enforcement Mark Fisher ✓ Licensing Sonia Kukkola Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. Arizcnci Depadrrlent of Liquor Ilicenaea and ClerltrcI 800 % Wasit ingtcn 5th Alcor Phoerlix,, AZ 85OCI7-2934 www. c i2Iic luc r. glov JM2)342-5141 FC R ❑LLCI LSB C NLY IiClenSEl #A: Ocie: Appmec ty: HAIR/AEIS11VA11 IIICEINSE APPIIICATION A.R.3. §4-203.03 Harm W ineryj) A.R.9. E14-205.11 Craft CliStik ryl A.R.& �j4-203.02 Ai Specicil 8vent A service lee of 1125 will be charged fon all disl- anoned checks (A.R.& 2A -E8,12). W hen 11`0 days of file fain/festival ane not eonsEleL live, a seganaie IICIEir19E1'1011 eacr uninierrL piec peniod is needed. SIBCTION 1 Agplicalion type: ❑ Wine Fair dwinefesrival ❑C raft Distillery) Fain ❑Chaff Oislilleryl Festival 1. Applicant's � ame: C pS L ��' k Conical Rhone 41: I z2. 8l.sine3s name: ( 2raj % !� 11M2 A IL LigL on license 41: FaimWinefyoiCiaF Orsfineiry :I. 9mail: 4. Mailing lheelAddreiss�C'l'ity Slalei ZAlCOC ei 9. Location al faintlesfNal: eftu 44j 'p+►ny^°ars _ rac,n i ; � , � o 2t Streel ac c reiss Clity flaunty 1 ZIPI COC e i SIBC TION :I Fees, Dale &I F oL m: $19 geln day W inert/ Ilesiival days permilfed: 90 licenses pen \Ainery gen calendan yean flop a toial of 190 days per winelr\A pen calendan yean. C naft Distillery festival days penmilteld: 29 licleirlses geln craft dislillery geln calendan yean for a folal of 79 da} s pen cralf dislillery pen calenc an year. Ju IN 25, 2014 Day of Weelo Start Time A M/PM (Ca N �C)AP\ � a ;A A Maw a attach an additior all sh eat ill r ecessary page) 1 al 4 Inic iv idL als uequining AI❑AI aaaornmoc ailionj gleaael call (602)542-9CI21 9nd Time AM/RM r— K SP.f� SP.N� SECTION 3 Site Owner Inform'atiion:j� ' r i 1. Site owner name: I KIa+Idi-Ert�i �5 i?aytime Contact Phone #: "I G First last 2. Site owner mailing address: - - - - 1 G W VF rA 4- t-�'��'•l q� Street address City State Zip Cade 3. Email Address: Al e. UAA SEC71ON 4 To complete this application, all questions must be answered: 1. Have you received peTY ion for use of the site for the sale/consumption of liquor from the site owner named in Section 3? es ❑ No 2. Will the liquor ygCr sell/serve be products only ma nufacture/produced at your licensed premises names in Section 1 ? j!-,��( Yes ❑ No 3. List the number of Fair/Festival licenses you have been issued in the current calendar year 4. List the number of days you have held a licensed Fair/Festival in the current calendar year 5. What security and control measures will you take to prevent violations of state liquor laws at this event? A, 11, of Police Officers on Site Fencing"�✓J Yes ❑oto . ; # of Security Personnel on Site Barriers LYes ❑ No 6. 1 am familiar with and have read statues for Arizona's fair/festival privileges, requirements and penalties? Tye Winery A.R.S. §4-203.03, Graft Distillery A.R.S. §4-205.11, either being held of a Special Event A.R.S. §4-203.02) s ❑ No 7. 1 have taken responsible steps to ensure individuals operating the fair/festival licensed premises and employees who serve, sell orf Ish liquor at this fair/festival have knowledge of Arizona liquor laws? ( R 19-1-302) Yes ❑ No July 25. 2014 page 2 of 4 Individuals requiring ADA aceammodafions please call (602)542-9027 SEC ITION 5 licensed premises diaclnam. llhe licensec prerrises for y au n fair/lestKa] i3 tl' ei area you ane auihoriZec to sell, c iSperuel on 9elrvei alcoholic beN enage3 u rider il-e prcl�isions of your license idelriiified in Section 1, line #A of iris application. 1.3a il`is Mage to draw a diagnam of N au II special event licensed prelrrise. 91ame include dirrelnsioris of the pperrices, Serving alleas, lencing, barricade3, or off en eanirol rr easu nes arid seen ni'ly FloSiiions. July 25, 2014 page doll 4 Inc N iduals requiring ADA aacarrimac aiicim Flleia!ie call (6(12)542-9CI27 SECTION 6 This section to to mot ted only by the applicant named in section #1 C I, �uai<es L kftntdeclare that I am the APPLICANT filing this application as listed in (Pmt M name) Section 8. 1 have read the application and the contents and all statements are true, correct and Complete. o X 1�6�G� �fC4 ta�,A1 4//ZoI-7 (sl9nwure) Rk/Pordbn Dale PhoneF The foregoing instrument was acknowledge before me a tthiisLi Lon Y. State YLZ County of / re1 f AR i (�1 i o P _ i My Commission Expires on: I�(A In2 Dale SienalvrednoMry NMc The local governing body (city, town or municipality where the fair/festival will take place) may require additional applications to be completed and submitted. Please check with local government as to how far in advance they require these applications to be submitted. Additional licensing fees may also be required before approval may be granted. SECTION 7 Local Governing Body Approval Section I, recommend OAPPROVAL ❑DISAPPROVAL (GovpnmeM OM WI (1Rk) on behalf of (Cly. Town C—*) I'll A.R.S. § 41-1030. Invalidity of rales not made according to this chapter, Prohibited agency acfom prohibited acts by state employees: enforcement: notice B. An agency shall not base a licensing decision in whole or in pad on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically outhorges 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 FEES, 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 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 ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. July 25, W14 page 4 of 4 IndiVduals requiring ADA accommodations please call (602)542-9027 FOR DEPARTMENT OF LIQUOR USE ONLY DAPPROVAL 0 DISAPPROVAL BY: DATE. A.R.S. § 41-1030. Invalidity of rales not made according to this chapter, Prohibited agency acfom prohibited acts by state employees: enforcement: notice B. An agency shall not base a licensing decision in whole or in pad on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically outhorges 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 FEES, 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 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 ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. July 25, W14 page 4 of 4 IndiVduals requiring ADA accommodations please call (602)542-9027 10, IN TOWN OF FOUNTAIN HILLS Q- 1' � P 4 zn TOWN COUNCIL o AGENDA ACTION FORM Meeting Date: 1 11 912 01 7 Meeting Type: Regular Session Agenda Type. Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 REQUEST TO COUNCIL (agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Boris Biloskirka) for the promotion of a fund raiser to be held at two locations: (1) at Verde River Drive and (2) on Saguaro Boulevard, between Paul Nordin Parkway and Avenue of the Fountains, Fountain Hills, AZ in conjunction with the Fountain Hills Great Fair, from 10:00 am to 6:00 pm daily, Friday, February 24, 2017, through Sunday, February 26, 2017. Applicant: Boris Biloskirka Applicant Contact Information: Owner: N/A Owner Contact Information: N/A E. Westridge Dr, Fountain Hills, AZ Property Location: 12800 N. Verde River Drive, 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 Boris Biloskirka, representing the VFW Post #7507, 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): 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): NIA Staff Recommendation(s): Approve List Attachment(s): Application SUGGESTED MOTION (for Council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Ramael Goodwin, R..mavon upervis T9/201—F— Director's Approval Mark Mayer, Community Services Director 11912017 Approved: 7 Grady E. Miller, i own Manager V9/20, '! Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 1/5/2017 N/A • Streets Division Jason Field • Fire Department Community Services Rachael Goodwin X • Building Division Development Services Bob Rodgers • Community Services Fire Department • Development Services V • Law Enforcement Mark Fisher • Licensing Licensing Sonia Kukkola FR: Rachael Goodwin, RE: Liquor License Application Justin Weldy Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If 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: Veterans of Foreign Wars, Post#7507 Applicant: Boris Biloskirka Date(s) of Event: Feb 24-26, 2017 at Verde River Dr (location 1) and on Saguaro Blvd, between Paul Nordin Pkwy and Avenue of the Fountains (location 2), in conjunction with the Great Fair Art Festival Date Application Received: 01/4/17 Town Council Agenda Date: 1/19/2017 STAFF REVIEW AND Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachael Goodwin X Development Services Bob Rodgers Fire Department Jason Payne V Law Enforcement Mark Fisher Licensing Sonia Kukkola X Street Department Justin Weldy J Attach report for denial or any recommendation requiring stipulations. ArInno Dep,artmentef Liquor Licenses elnd Contrcl! 80101 % Washington 5th Flclair FheIeniz,, AZ 85007- 5134 wwvv.clz 1quclr.glcM (602) 5421-5141 AIPPLICIAITICN ACA SPECIAL BVENI LICIEINSIF Fee= ; G2SACI per day for 1-10 days (c iar siecui tv e) Cash Clfiecks orMoncy Clydens Chly ruK DLII U 3111 ONLY liI Dater(s): Ev ertl 11mei stall /emc : CSA: L (lain se. A service fee all 4,125.00 will be charged for all dish arianed checks (A.R.S. 11444W 2) INIPC RTANT INF ORMATIC N, ThIs1 document must be hlLly cclmnleted of ff vril bet re umec . R a DeiFlartrr eint oil Uquof 1 Ucer seis and Clontroi ml st recielve this appik ation ten (101)l business day, pdor tc the event If the speckd eivent will bd h eld at a I& ation without a permanent liquor Ik einse or CI the eve rit wt 1134 or any port on of a lk ation that Is not (icrvered 1:ythei existing Qquorl liceiii this appikall on must be approved by the local go%emment befaie submission td the Deipart" ent of Uquai Ucerises and Control Owe Section 151). SECTION 1 Nam1e of Cinganizatiori: _ i�� AA/ e, 99F r-61,,=- /6-a Uf/, F05ill EI IC N 2 Nor-Pnofii/IRs Tw berr pi is urn ben .rjj je yz/•.-1.�.,r/ .y X5/7 SECTICN I The organizatlan is a: jcheck one box only) ❑C f• aritclbleINRIatemal jrrl L st have regi (an mlern bership anc t aN a been in existence fon over five j5J years, ORerligioLs OC ivic fRoiary, College flat' olarsihip, DAolitical Party, E allot Measure on Campaign Committee S=C N 4 "ill this ew ent be f elc on a CIL rrently licensec ppiemi9e anc withir i he alneady approved pnemi1ses?C:jYes IgI•I o MW1 d Buslr an Mew Nun" Phone OM-AIde Area Code] EC11Ch 5 How is tt is special evens going to coridL ct all dispensir g, serving, anc selling of spirihlous liquor;? Flease ileac R-151- 31EI for explanatfori 11look in special event planning guide) and checb oriel o9 the following boxes. ❑Place license in non ase ❑Di:iperse ar d serve all spirituous liquor; L nc er rertailer's license ®dispense and serve all spirituous liquors unc er special ev ent DIplit premise between special event anc retail location Of N0 LUNG REM 1L UCHNSEI SIU BMA A LEITE R CIF A G RBEMBM 11RC M THII A GENT/OWNER C F THE UCBNSIEI PREMISE TC SUSPEND THE DCBM E CIURING THE EVENIL W THE S11EC Wl EVENTS ONLY USING A PORT Ohl OA PREMIX A G ENII)Oli WILL AIEEDI TO SUSPEIVDI THA 11 PC R1 ON OA THB PREM ISIEI) Same N 6N I WI' at is the purpose of this event4l Sidn-site consumlpifon C]Cff-site lauction) ❑Botr FICTION 7 Location of thle 9verrl: Y/ LL` F A 'e– -- 0A) --0-- Ac dress of Location ��ciA/ls,aC tr Sb" City CIOUNrY stand EP SECTION 8 Will this be slackec with a wirie lestival/craft distiller festi\ aRl Ehes Rii o N A pplicarit mL si be a mem ber of tl• er qualifying organization and authorized by an Officer dire allor a Chairperson of the CNganizatlon named in flection 1. IAuihorizirg sigr allure is neqLired in flection 13.] 1. A pplicant:1 L a k 6Y'.� LC'�} C -3d 2 e redact I aid First Au"a Data of a" .I. A pplicant's mailing addnessAM T— M5.5 C-6–� 1-,IRFd ce/t1TAV A//'4 65 /f:z Sheet CRY State EP :I. Appllicant'i home/cell phone " e A pplicarit's business pr one: iL—) . Applicant's emlail address: - • - 111j12au Rage 1 of 4 Inc ivic ucils uegt, irir id AC A accci atlor is call (6021),1421i 9CTI N 1 1. Has 1 he ap pllicarlt been corivicted oil a felony, on had a lie uor licerise mvoA ed within the last five i15j y eani,.! OYes 1&0 (nye,, aBach exp anal eir .) 2. How many special ev erit IICEirl1Eis have tleien issued io it is location this yeer4l (i (The nwrrlbe c annot exc eed 11 events per j ecin es ceiptosis unider A.N.S.1p • 203.(210).: 3. Is the ongarliilaiiorl i sirig ft a services oil a pnomoten on ocher p eirslon io rrarlage the eiv erii?Ehles ENO (U) es, altaah cl aoply cd Me aElrefemeni.) List all people and ongarlizotiom wl•o will receive the proceeds. ACCotrli for 100%d of the proceed:. the organization applying muss ii a 25% of tr a gross rev erIL es of i h e special event liquor sales. A ttach ari addiliorlal page if necessary. Name VE W eJ ,�! T & Z Renceritage: __. lXe9 N arrl le Address W496 ah state _ nd Flenceriiage: state ZIP 5. Please read A.R.S. Fl 4201I.C12 Special event license- rules and 819.1 '105 Re9Lire rnenis for a Special Everit UCEIrlse. Noter. Allll AILCIOHC LIC BBVBAAG B SALES MUST BE IIOR CC NSUMATIC N AT 1119 BVBN1 Sil11B ONIIY, "NO ALCOHOLIC BEIIEAAIGESI SHALL LEAVE SF ECIAL EVEN71 L NLESS THEY ARB IN AL CTION SIEA I SCI C CIMAINSRE OA INE 11IFIBC)AL EVE NI LICENSE IS SIAICKEd WI1H WINE /CRAIFI DISTILLEFII FESTIVAL LICENSE" 6. What 41pe of secunity and contnol mecsures will you lake io pnevent violations of Nc c on laws at this evenig (List type amid nt mber of plollae/sect rity persanniel and type of tenicinig c r aantrol M arrieri, N applltaable.; 10 Number of Police I I _ N c widen oil Security Persorlrled aericirig OBarriers Explanatlorl: D 6 -a QLD 2 r✓ A AZe, k,J,,�, pe4,, At' 72 dX & F t I 6 A— Z 'k-06 19-Afi1�-) C t:Ws O Vi C'r1®A--4 i3 91V zg ''GCA4 ZX SBCTIC N ' 1 Daies and Hours of Event. Days mlus'I be consecutly a bL 1 may not exceed 10 consecutive days. Seel A.R.S. § 4-244(191 amid (17) for legal hour of servk e. %EA SIE FILA OUII A SEPARATE APPL ICATi ON FOR EA C M "NON -CC NSHCUTIVIE" DAY Uale Day of Week Er ent Sltad Lice nsei Elnd Time ANVFIM Tme AM)PM DAY 1: ,�'C�3 z% Ali 1C%2 1 Da4V A/VI LgAl DAY 2: � a -, i� s'PI-rIkKPAX >o `OG 411 6 ON DAY 3: W AV er AM 6= 6G P117 DIA) 4: DIA) 5: DIA) E CIP Y a: DIA Y EI: DA) sl: DAY 1 Cl: 31/1,12016 Rage 2 o11 d Iridivicuals reqLidinc ADA aacorrirriodalians aali (602)54.1-ACS17. SECTION 112 Licier19E1 prerrises diagram. R e HCEirsec prlemises for your spElcial e�aril is tVEl area iri Which you alae autFarii2ed to sell, dispEirse or serve alcloholic bevercgEis Lncer the piiovisioris of your license. Re following space is to be used io prepare a diagram 01 yaLr special e\E1rii licensed prerrises. Please show dirreriAciris, servirig areas, fericing, barricac es, ori other aoriftol mean ries arc secun N pu0iori. <I) 1/:1016 Rages 3 cd 4 Inc ivic ucds neCILMr g AE A c caammoc ationis call (6(12):142 9mm. V bing maps Fountain Hills, AZ s rin e,a E %=ras Qy w G�sT 7a'a7 QE'r2 4 -Akl, l I R(bnhan Spr,Gi-0t Lvagtp�KOMb fuYv-Fw _ure P�cc tnfe FflV9cd/r1 w•gfG> t fINO ldutblru.W 4 3 F liumiYbl Or Z 9 C°p k O [OinMv^�'a u d Y �a i .eT�a asc soon.! imm ^OE OANIQ/E rvetwrrmenrvatumi ra e fmn Fv kw NN y 4vtlwPM/'i T. f� wA�NNA ey r e.o,Kn w h �� 5nerol IMv QTY Mrgpytn d"' w G�sT 7a'a7 QE'r2 4 -Akl, l I R(bnhan Spr,Gi-0t Lvagtp�KOMb fuYv-Fw _ure P�cc tnfe FflV9cd/r1 w•gfG> t fINO ldutblru.W 4 3 F liumiYbl Or Z 9 C°p k O [OinMv^�'a u d Y �a i .eT�a asc soon.! imm ^OE OANIQ/E SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. L (P4m las warns) ,r*s'O.P.t S 1 �C Ay IPx b declare that I am an Officer, Director or Chairperson of the organization filing ITS application as listed in Section 9, 1 have read the application and the contents and all statements are true, correct and complete. 4zj1z,1 Slgriaklre IBIe/ PasMb�n(}h Phone Number The foregoing instrument was acknowledged before me this � aoY I4aMh rear State County of n/1C' iY V `1"111110" 0 SA ....... My Commission "Tres on: : y; r Dob Sigmfine of Nolay Nbllc ;2 SECTION 14 This section B to be completed only by the applicant named In Section 9. � A : o ,' • ` oti I, (r6Mrus xome) ti' /6 6 jLOBK/ ✓r.Aif declare that l am the APPLICANT filing this DID 11 zLNX C UNI 1 as fisted in Section V. have the ppli n and the contents and all statements are true, correct and complete. rsil11l t x�. Signature Ir -7%t 111i Position DMe Pane Number The foregoing instrument was acknowledged before me this f� g � State ifs County of j r `^'FLL1C1M rnorah� 11111" �':' My Commission &"Tres on: � PY Pu"•;'fl ' �C+'•" Dare Ignolure W Nolory Nhtic tiZo „ Please contact the local governing board for additional application requirements and submission di— Pr ' c O licensing fees may also be required before approval may be granted. Fair more Informalkin, pleaseQ'a a jurisdlctton: htto�//www azlicuor aov/assets/documents/homeoaae docs/spec event inks otlf. .� O,p):;XP....0 19 Local Governing Body Approval Section. (GovemmemanclaD Truk) On behaff of DAPPROVAL ❑ DISAPPROVAL (Cry, Town, County) signature Dole Phone SECTION 16 For Department of Liquor Licenses and Control use only. DAPPROVAL ODISAPPROVAL BY: DATE: A.R.S. § 41-1030. B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not speela y authorized by statute, rale or state tribal gaming compact. A general grant of authority In statute does not constitute a basis for imposing a kensing regalement or condition unless a rale is made pursuant to that general grant of authority that specifically outhomes the requirement or condition. D. MIS 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 W11N THE LICENSE APPUCATION TO A PARTY THAT PREVNIS 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 AGENCYS ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12.820AI OR 12-820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. Ned Date(3]: Neal iImel sfarVenc: CSR: Uceniur A service fee of $915.00 will be ch miged far all c Ishonored checks IIA.R.SI. 1144 -6W;l) CINI 1' IMA C RTANT I N FORMATIC N • ThN document m L st be fu0v completed or it wip be re fled. The Department of Liquor Licenses c rd Control must recietwe this applicafior ten JICD bdslness days prior hl the event. U the special event will be held at a locafior wtih out a permgnell or acensel or d the event wf I N ori c illy portion of c Iodation that is not covered t Y #W exbffnE tea licensee, this appacatiar mu st be appy ovec by the local go%emment before submbsW td the Department 01 Lic u or Licenses c r d C ontrol lime Section 15). SKMON 1 Narr a oil Orlgari nation: 115,1C44AIS OF A;0RE1C.-a k/,4/C,5 1F -es ,l 6-0 7 ON 2 Non-iPllofii/IRI Tar Berr 1pl ISurr ben -5-0 I Cel 1 q I'D je %1/ -1-�/ SECTION 3 The organization is a: Ichecb orler box oNy ) ❑C f arilablelC41Fratemal Irric st have regc larl merribarsl• ip and t a -v a been in existence fail over TIN er 1151 yelar9) ❑Religious []Civic (Roiary, C ollage �lcl-olarsl• ipJ ❑Politfcal Flarty, Aal(oi Measu lie or Campaign Corr mitilee SECTION 4 Will tl• is event be held on a currently licensed pqerr use and wi# in the already app loved pqerr isesslElYes JoNa Nwm of Budnen License N umbo Phage (ht Arad Code) Ea ON 41 F ow is tHis special eNerlt going la conduct all dispensing, serving, arid selling of spirituous liqL ors Please read 8-19- 318 fcle explariatfon Ilook in spacial everll planning guide) and & eak one of the fo Iciw'rlg be>es. ❑Place licenlel iri norl-use ❑Clispense and server all spi(tLIOL s liqL orsl under iietaileli's licenlel ®Dispense and serve all spirits CIL s lig1. ors undo I s pecial evens ❑split pllemise betweerrl special evens and retail Iocialiorl 011 NOT USING RETAIL LIC EINSE, SIUEIMTII A LETTER Oil AGREEIMENI F1AOM THE AGENT/OWNM Oil THEI LICIMEDI PREMISE M SRAIPENCI THEI UCDENSIE DIURINGI THE EVENT. IA TH8 SIPKWAL EVENT 4 ONLY U!WNG A PCRTTON CF PAENIISIN AGENT/CIWNEIR WILL NEED TO SUSPEND THAT PCIRTIOAI C F THE PREMISED) SECTION 6 W f at is the purpos er oil this evens 9 Mdn-siteconn miption ❑Clff..site (auctfon) []Bot 11 ON 7 Location oil the E\ errlt: r= `a M. -r ii A, Hi u-6 Addrless oil Location: St" City clouNry stale $ ECTI N 8 Will tF is be si aciked with a wine test ival/craft distiller ilesti� all [--]Yes (KNo SECTION 9 Ap: plicarlt me st be a rr errrber of if a quaGfyjng organizaitfon arid autF orl2ed by an Offices, Clirecrior o+l Clhairpersion of the Organizatfon ncimed in aectfon 1. QA0 thorizing signattka is teqL ired in aeaiion 13.) 1. A pplicant: Q 11- a 51-bY., LCi4 f3c 2- w s -- ' • . Lad Rt a Daae or Btdh 91. Applicant's mailing address: �W . POC ,4,P'F JW �=llL GS /f streea cry sante nr :I. Applicant's horrie�laell pt one: " • Appiicani's bL siness phone: (_J 4. A pplicant's err ail address: • 3/1,12011! Flagel 1 al 4 Inc ivic ucrls ileqL idr id ACIAI crcaclmmoc atior i9 call (6(2)54.e- 9CI: il. S-ECTIM 1 1. Hcs the applicc nt Heen convicted of a felony, or he d c liquor license rev oked wift iri 1 h e last five 1,1IIJ yearsil CIS EIS ®N O Piles, attach explainaMain.; How rr ariy special event licenses h av a been 11 3L ed to this locaiiori # is y eaii Q (Thea nu mi clardnclt exceed 12 eve Ms plea yeiar, euaiepkins a nc er A.M.S. §q -20.M i.) 3. Is ft a organization usinc the Services of c prorrloier or other per on to monac a tH a eventff ]Yes gNo IIN Ye S, attach a c la i of thea agree menta 4. Lifl all people and orglani2lctions who will receive the proceeds. Account for 100% of il-e plioaeeds. 11f a cuiillori apply rig rr est receive 2,11% of the glioss nevenues of the specicl event fiqL on 9alej. Attccr an additional page ii rlec eisary. N ar111e -Z.f- W 62& ,� 'T' '7 Perc eni A ddress II%6 A,, -Tc 2Y}7 n l N/LL 5 sneel ay stare >�1 Name A do ness t flee Percentage: state ZIP Please nead A.R.J. § 4-' 03.0'9I 9Aeciicl event license; rc IEu and R 19-1-2CI5 Real iiiemenis for c SDElcial Ev erii Ucense. N otel: AWI A IIICOHOIIIC SEVERAiG9 SIAIIES MUST B E FOR CON SUMPEON A T 1 H9 EVEN 1 SIITE C N IIY. "NCI A LCOHOLIC 139V_ ERA GES SF A LI LEAVE SF ECTAL EVEN] UNLESS Ti BY ARB IN AUCTION cIEALED CON7AINERV OR IIHE SF ECIA L EV9N1 LICENSE IS STACIII Ed WE WINE IC F1 DISTILLEF Y RESTIVAL LICENSE' 6. What tylpe of security anc confilol rrieasLres V% ill yOL iake io prElvent violations of liquor laws at this event�l just ty0e anc niu mber of pcilicle/se aunty persanriel and tyle of fencing on c antrol barriers, II app scab le.i --Ad-N L mber of Police 1 tJ urribEui 01 Secur N Per9oririel ®Fencing E]BcrriElrs Explcnatforr L26 a -3L'!57 AA SECTON 1111 11aies and Houni of Event. Dlcys muss be consecutfve bL 1 may not erceec 10 consecutive days. See A.R.S. 11 411 and (1T for 1e51a1 Noun of service. FLEA SE FILA OU]I A SEPARAITE APPLICATI ON FOR EA C H "NC N -CC NSECUTiVE" DAY Dole Day of Week Event IMrf License Brid Tim1e AMi PMI Time AM)FIM DAY 1: 'C,t4o`Z / J 2 i1 LI V .Off' 141q % .` OD P/'! CLAY 2: E�-: 1B CQ�i o,2619 >o ` �O i1 >� 6 ' CID ei ff DA) 'i: 7( ;I? 6 uO PIA y ,Z V.: e -e 1qAj DAY A: DAY 9: DAY 6: DAY 71: 0A 8: []A Y 9: DAY 10: '/1/2016 Plage :1 of 4 Indh idL ala necluirir g ADA acc ammadai loris c c 11 (6CI51) ,11d 2-90211. 1101- N 12 Licer ser prerrises diagrami. The licer Sed premises for y CIL r special e\ er i is #e area in which you are autr or2ed io sell, disperse cm seine alcoholic be�enages Lrder the piovisions of your license. Re following space is to be used io prepare a diagiami oil yogi Special everi licensed premises. Rlease show dirrensions, serving cmem, fencing, barricades, on other cior triol mean res ar d secLriN posiiior. s C- �t�&NT 3V1/4016 Aagei 3 of 4 Inc ivic ucils reqs iring AIC AI accammoc ci ians call (602)5421•9M7. V binq maps Fountain Hills, AZ L®e'4WI69 A) t / V-rW PDsT 7-6-297 ,6sEa ��,esnrP�r--pie. n NR BeW II fA�fMaf B/yd (aJ'f Af< Ib2xvn F yvrvar _ �v Ea�,yA x 4 s z x°oe<, v�r.n rc°B.°r rwm brn Fou A.. of IN lwmam aM 1414 B. 1� wn Wn aFw.. 14 EElySegFeu°., D_n .wn.lsob¢ Y 3 m�nm a CoNmn 4 Lunaipiv r 2 �:' �s a° 006 C pBlyH CAtBX64E To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. I, (MMFau Name) &6),(U5 declare that I am an Officer, Director or Chairperson of the organizafion 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 State County of(M C+V� Cn My Commission Expires on:.. / y do ome ' fK X17 Day Year J _stUUNb.,. This section Is to be completed only by the applicant named in Section 9. 1, (MM Full None) _r15O/Cl6 Eth' 3K/YLK/f declare that l am the APPLICANT filing this as listed in Secfion 9. 1 have read the appligatjen and the contents and all Statements are true, correct and c Signalure / / Ile/PoMbn pate---pho-."Numuir The foregoing instrument was acknowledged before me this q ' yO � ��qq par Momm yea, rev State AC IZGY,0, County of ✓ c'sc cc^: My Commission Expires on: Upte slonalund Please contact the local governing board for additional application requirements and submbalon d licensing fees may also be requRed before approval may be granted. For more Information, please jurisdiction: httpV/war .ozliauor.gov/assets/documents/homevage docs/spec event links odf. TION 15 Local Governing Body Approval Section. (aavempemonae0 On beholf of (CIIy,Toen,Couty) OAPPROVAL O DISAPPROVAL SlgnaMe Dafe SECTION 16 For Department of Liquor Licenses and Control use only. 13APPROVAL DDISAPPROVAL BY: DATE:�_J A.R.S. § 41-1030. Implicitly of niles not made accordingto this hof hibited agency actionmhlbti d acts by state employees enforcement notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tubal gaming compact. A gemool grant of outhonty in statute does not constitute a basis for Imposing a licensing requirement or condition unless a "a is made pursuant to that general grant of authority that speciflcaly outhonzes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. ME COURT MAY AWARD REASONABLE ATTORNEY FEB. DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPUCATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST ME STATE FOR A VIOLATION OF MIS 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 DOB NOT ABROGATE ME IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12,8M.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call 1602)542-9027. .�AIN TOWN OF FOUNTAIN DILLS 4 Z n TOWN COUNCIL o _ Q7 AGENDA ACTION FORM ht is AC Meeting Date: 1/19/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-818-5135 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a FAIR.IFESTIVAL LIQUOR LICENSE APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be held on Avenue of the Fountains, in conjunction with the Fountain Pfilts Pine Art and Wine Affair, from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday, March 26, 2017. Applicant: John McLoughlin Applicant Contact Information: 968-274-0394, 1565 N. Page Springs Rd, Corneille AZ 86325 Owner: Same Owner Contact Information: Same Property Location: Avenue of the Fountains, Fountian Hills, Arizona 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 Fair/Festival liquor license application submitted by John McLoughlin representing Cellar 433, 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, 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 License as presented. Prepared by: Page 1 of 2 Rachael Gwduon u icor 1;37701]' Director's Approval Mark Mayer, Community Services Director y 1/9/2017 Ap o z zz. 1 . U Grady t. iter, off anager 1t/_rw�. /1`�..r-i 1/9/2017 Page 2 oft TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 1/9/2017 N/A • Streets Division Jason Field • Fire Department Community Services Rachael Goodwin • Building Division Development Services Bob Rodgers • Community Services Fire Department • Development Services • Law Enforcement Mark Fisher • Licensing Licensing Sonia Kukkola FR: Rachael Goodwin, RE: Liquor License Application Justin Weldy Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If 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: Cellar 433 Applicant: John McLoughlin Date(s) of Event: Mar 24-26, 2017 at Saguaro Blvd, in conjunction with the Fountain Hills Fine Art and Wine Affaire Date Application Received: 12/22/16 Town Council Agenda Date: 1/19/2017 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachael Goodwin Development Services Bob Rodgers V Fire Department Jason Payne Law Enforcement Mark Fisher Licensing Sonia Kukkola Street Department Justin Weldy T Attach report for denial or any recommendation requiring stipulations. u Arizerie Deiplariment d Liquor Licenses and Contrail 800 % Washington 5th Floor Rheeinix, AZ 8510017-2934 www.cizllqlucir.gov (602; 542-5141 BOR DLLCI LL 9 ONI Y Liaerisei A: Dai ei: HAIR/HESTIVAL LICBN SB APPLICAMON A.R.S. §4-203.03 Harm Wineiry / A.R.S. §4-2031.11 Cnaft Distilleiryl A.R.S. §4-2C 3.C2 At Special Eve nt A service fEIEI oll 12,11 w'll be charged fon all c i9f orlored checks 11A.R.9. 44-6852). When 1 he days of tf a fair/flesiival are riot consecutiN e, a sepanate liCE1r19E1 lion each uninterrupted perioc is neec ed. SECTION 1 Applicatior type: ❑ W ne lkk Q Ir a Resth al [30alt Dist Ilery, Rah ❑Craft Disi ReryRestiv al 1. Appicant's Name: J ohn MCloughlin Contact Phone #: 4809 6 8 512 06 2. Susirless narr EI: Cellair 433 Liquor icen9Ei #:1313I3I017 3. Email: info@c eIIalr4 3,I.Ccm i 4. Malang address: 7235 E Hampton Ave #1 1C street plc dress `I. Location o11 fair/festival: 1(1810 A%enue of the Founi aim street address I arta Mnenj or Craft DLsin end Mesal AZ CiY state Fountain Hills AZ M 85209 Til Code 8511 E co+nhl Zip Caaa SECTION it Fees, Daia 81 HOL n: 113 per day Winery ilesfvai days Derktiled: 30 licenses per w'nary per cialer dar year fan a total cd 1501 days pei winery per calendar ecu. Craft Distillery festi\ al days permitted: Z icen9Ei9 per cmaft c istillEiry per calendar year for a toi al oil 7,11 day9 per waft c istillery per calendar yEian. Dale C 3/24/2 C 17 a. 0 3/2 5/2 C 171 3. 03/126/2C 171 4. 5. t. a. Day oil Week Rrid ay Saturday S unday Si art Time AM/AM 1 C am 1Cam 1Cam 111ease c ffach an addHior al sH eat if n eaesic ry IL1y 25, 2014 pace 1 oll 4 rridrvicual! relqLWrig ADA aacommodatians pleate1 call 1602)542-90271 End Time AMI) PM 5pm 5pm 5pm SECTION 31 Site Ow nerIrlltormatiarl: 1, Sile cwrlenname.- ' Ih and a rdirc Arlis11s G u Id 480837563 7 Daytime Coniaai Phone #: Flrst l c ist 2. Site owner mailinlg addreiss. • - N. BaiglE's Nest Or Fountain Hills„ AZ 85268 Shed ciddess 3. Email Addrelss: haley@thundenibindartisis. corn SI MON 4To complete this application, all questions mit be anlswened: Clity Sid a 3p Clode 1. Have you raceiv ed parmission for use of the site for iI a sale/carlsL mption at liqL on Iram the site awrlen named in Section 3? 0 Yes [--]No 2. 'hill the lige. on you sell/serve be pnoc L cis only mans, Iactl nedpnodL ced ai NOL n licensed pnemisas mamas in Section I? r❑ Yes ❑ Na ,I. list the numbed a] Fair/Festival licenses you 1 a)wa been issue, in the cc uarli clalendan year 5 4. Lisi the nc mber of days you 1 -aye Feld a licensed Fair/flasti\ al in the cL rrerli calendan yean 33 9. What security and contnol mead.res will you lake to pnevenl \iolalionls of stale liquor laws ai il-ii event? 0 # of Police Officers on ,'lice Rencing ❑ Yes ❑No 2 *1 of Security Rarsorinal ori Site Barriers 0 Y as ❑Na e. I arr larriliarwi* and F a` a read statues for Arizona's fain/festival privileges, requirements aria penalties? (Rarm Winery A. RA. §4-20,1[13, C nafi ❑istillery A.R.S. j4 -.'1a5.1 1, either being held at a Special Evarlt A.R.S. §j4-20,1.(12) Oras []No 7. 1 1 -woe taken responsible steps to ensl lie irldi` idr als orienting the lain/festival licensed r nemisels and employees wF o servo, sell on fL nnish liqL or ai this fair/lestiv al have knlowledga of.A K2ona liquor laws? IR19-1-3Cl2)❑� Yes [I No luly 25, 2CI1,I F c ge 2 oll I Inc Mdu als repairing ADA aociammadcifians ple mei call (6a2)542-90271 98C11ON 5 l iaelrisec premises c iagram. The lice r 3eic prierr i!ieis for your ilaintlm i ival i9 11- e1 area you one au'l f ariaed to sell, dispe rise on 9e r\ e1 alcof-olic beverages L r der if- e1 pro` i9ions of your license identifiec inflection 1, lirie #2 of tf is applicaiion. Use chis pc ge to draw c dic gro mail your special event licensed premise. Please it CIIL de dimer Sian, oil the pnemisels, serving areas, fencing, barricades, on other control mean les and 9ec1L rityj posi'liarisi. July 25, 2(114 pc ga 31 oil 4 Inc ividL ah recIL firing ADA c accimrrradc tiar i9 please ac 11 (602)542-9(127 Fountain Hills Fine Art &Slime Affaire AREA MAP La Montana Drive Entrance #961 .e c �aC�aaa` ti ' bra 4a�Ava #59 Fact Entrance Pavilion 'srAm Wear Dr. ,gam#56 B6m9FD v--09 a bait' a #97 aae a J Entrance �U Druce Tallar #11 1#168 Entrance Saguaro Blvd FormtiTe �';�ontact: Y Thundertiir,� 480-837-5637 G.. Visit�,_,.�. Site: www.ThunderW� A— rtists,com c A SGC111014 6 ]his seciian to be corTlpleiec only by the appficeint riamiec in section #1 Jahn McLaughlin declaie ihet I arm the APP{IICAN] filing this c l3pl'caiion as 13 Tec in IlPdH Full itamiei) Section 8.111 av a nead the application a d the contenis aria all siaiemenis aue tn. e, correct arid Complete. x 0b)Jtic°lr q -l9- a CII ' • . (Signator TMe/ I osBion c,� bol ei Phone # The foregoing insirumeni waJ ackr owledge t efol a me W3 j I IIS SPID� er o c iy Month year 91a1E1_ 14C12OK10— Clounly of — Arg C go., NOTARY PLSLIC STATS C R ARIZON Pinal CCIU n1 y My Clammissian expires on: 5 of 0/g = 9 DEBRA TARDIFI Date Sic ncitums of N donbl►c My Commission Elvines 012/(15120118 The local governing boc y (ci4l, i own or mt. nicipalit)l wl- Eire # a flair/iestiv c I w11 lake plane) may ueqL ire adc iiional applicatlarls I be completed and subrnlittElc . Please check will- local governmEini a910 h aw far in advance they nequine these application9 io be su bmitiec . Additiar al licen9ing lees may al!la be requinec before approval maybe gran'lec . SIBCIICIN a Local Gov ernincl Body Approval Seeiion lGcnemmieni official) (Mi on k EI l- all of recommend ❑APPROVAL 1101SAPARCIVAL 10h, Town,,aunty) Signafunei C ate Phcmci # FOR ❑BPA R]MBNT OF LIGIL OR LISIB ONLY ❑APFIROVAL ❑ ❑ISARPROVAL BY: DA18: A.H.S. § A I-1030. Iryc Ildity of rules nor made aclaonc inn to this cHc pier• oioHlk iced agency c align: orclhlbHed cab by stc to elmf loyees: edoraement niatic e B. An ageriay Shall rlct b0fE1 a liaemsind decision in wh cde oil in part on a liaenjing requinemerit on toric iticin tF at is not speciliaally aaihorized by stcliuie, rule Oil staie Mt a g arising cornpaat. A genes o1 gl ani of au thorny in statute dol Is noel oonsiiiuie a basis ton imposing a IicEirisirig requinemEtni an coriditian a rileis a rule is made punst ani to iFai derieilal grant cd authority Thai speciliclally attl-orizes ihEi regt irEirrlenl ar aandiiion. D. TF IS SECTICIN N AY BR ENFORCED IP A PRIVATE CIVIL ACfT1CIN AND RELIEF MAY BE AWARDED AGAINST THE STATE. TH8 CCIL RT MAY AWARD REIASONABLE ATTORI� 8) FERS, DAMAGES AND ALL FEES ASSC CIATBE WITH Th 8 LICENSE AAPLICATICIt TO A RARTY TF AT RREVAILS IN AN ACTICIls AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. 8. A STATE EN RLOI EE MAY NOT INT9� TIC NALLY CIR k � CNA llLILY VIOLATE TF IS SECTICI� . A VICILATION OF THIS SECTION IS CAU SEI FOR DISCti1 Llt, ARY AC 14ON CIR DISMISSAL 11L RSIUAt* T 10 THEI AGENC Y'S,4 DCIPTEII] t18RSONNEL AOLICY . F. THIS SECTION DOSIS NOT ABRCIC A16 TF 8 IMMUNITY RROVIDBD BY SBCTICIU 12-820.01 CIR 12-82(1.02 Jt ly 25, .1(114 pc c e 4 oil 4 Indivicu alt rElgt iring ADA acicammodatians plElasEl call (6C12)542-90212 Meeting Date. 111912017 Agenda Type: Regular TOWN OF FOUNTAIN HILL" TOU'11'N COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; rharrel@afh.az.gov; 480-816-5112 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2017-01, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Plat 602A, Block 1, Lot 36 (15524 E. Cavern Drive), as recorded in Book 161, Page 42, records of Maricopa County, Arizona. (EA2016-07) Applicant: Wayne Montefour Applicant Contact Information: = E. Vermillion Drive, Fountain Hills, AZ 85268; Tele: -•. Owner: same Owner Contact Information: same Property Location: 15524 E. {Cavern Drive Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the 10' public utility and drainage easement at the rear property line of Plat 602A, Block 1, Lot 30, as shown in Exhibit A. All of the public utilities have approved of this abandonment. A 10'x10' Public Utility Easement should be granted at the front southerly corner of this lot, for existing and potential future utility boxes there. The applicant has indicated that he will be pursuing a building permit for this lot (now submitted as BP 2016- 520). A neighbor, Greg Hathaway, objects to this abandonment and has indicated his intent to address the Council regarding this item, since this abandonment will allow a masonry fence to be placed at the rear property fine, which he believes is not in keeping with the neighborhood. Staff has advised him that that objection is not pertinent to the PUE/DE abandonment, and that there actually are other solid walls at/near the rear property line in this neighborhood. This item has been placed on the Council's Regular Agenda to allow for potential public comment. Page 1 of 2 Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval, subject to the following stipulation: Grant a 10'x10' Public Utility Easement, at the front southerly corner of this lot. List Attachment(s): Vicinity Map, Aerial Photo, Resolution, Exhibit "A" map SUGGESTED MOTION torr council use): Move to approve RESOLUTION 2017-01, abandonment of the public utility and drainage easement at 15524 E. Cavern Drive (Plat 602A, Block 1, Lot 36), with stipulation. Prepared b IgJ RandyHar-di, wn Engitee, Wulzu Direct. ' en rers. eveopmentemices 6Frsctor 'TM720TT— Ap ed: \^, ,I' Grad . A eller, ox M r • Y vV�s.W 1/10/2017 Page 2 of2 1 SCOTTSDALE SCOTTSDALE I TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP McDOWELL MOUNTAIN PARK TOWN BOUNDARY I I I SALT RIVER PIMA MARICOPA INDIAN COMMUNITY 3 z p g � 9��4uleA��r DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 602A, BLOCK 1, LOT 36 15524 E CAVERN DR LEGEND: LOT' NE ROW EASENENT ------ FLOODPLAIN SUBJECT SITE • N S 0 100 100 1 - MAIL 1' a 1110 AERIAL FNGHT DATE: 10/15 RESOLUIIION 201341 A RES CIL UIIION OF TH E MAYOR A ND COMMON C CIUN CIL CIF -IH 9 TOWN OF FOUNTAIN HIL LIE , ARIZONA, ABAN ❑CIN IN C WHATEVER RIGHT, IIITLE, CIR IN1111RES-1 IT HAS IN IIH 11 PUBLIC UTILITY AN ❑ DRAINAGE EAS EMHNTS LC CIAITED All 11F 8 REAR PRC RBRTY LIN 8 OF PLAT 602A, BLOCK 1, LO -fl 36, AS RBCIOR❑BD IN BOCK 16'1, RAGE] 42, RBCC R❑S CIF MARICC FIA CC L NIIY, ARIaC NA. il8A12016-07; WHEREAS, the Mayan circ Cauncil of 11re llawn of Founllain Hills Qtf a "pawn Cou nail"), as tr a go%erning bacy of reial property lo(iatec in tf Eli Town o1 Rau ritair Hills ilihe "Town"), may nequ irei the dec ica'licri cf Flubli(isireiats, sEI"ier, "ialen, drairiage, aric cdhen uiility Elasemenis or rigllis-of-way miiihiri any praFlosec subdi%ision; and WHEREAc, tHEli Town Council Fas 1f a autl1cmity io acaep'l on re.ieci offers o1 cedicaiion of Fpiivaie praFlerty by easement, deec, su tcivisior, Fllat or ocher lawful mearis; aric WH EREAS , all Alnesert utility compariieis 1- aVa reoeivec naiifiaaiian of tl• a Flnoposed altanc armarit. NOW THEREFORE, BE IT RESOLVE❑ BY-1HE IMP YORAND COUNCIL OF-IH11110WN OF FOUNTAIN HILL, asfallaws: ECTION'I. Thai ire eartaini tear fClClt (10) FluLlia uiility and cnainacle easemen'l, al the reap Flnoperty line of Plat 60,0A, Blaak 1, Lot 130, Founiain Hills, as recon ed 11- Ofi6ae of tl• a Cou r1y Reaander of IN anicopa Couniy, A rizaria, Boak 161 of Maps, Page 42, and as mane particu lanly descriL ec in E)1- it it A, allacH sic 1- ereio arc inaanponatac h erein L y redenenae, ane h eret y dealarec 10 L e at anc cried by t1l e Tawn. Certain lolls wO iri 1l- is sub( N ision ane subject to lot-to-lat drainage ru noffl. 1P a Fpioperty owner is nequ ired to plass 'lf a develaFled f awn garieraie( ty if a upstream lass acrass 'If eir praFlerty. ECTION 2. T11 ai tl• is Resolu lion is one of abarc onmant aric c isclaimar ty ll e Tawn solely for ihEi pu nFlosa cd nemovirg any Flotantial clow c or ire tills io said praFlar y and t1l sit tl• a Town iri no way attemFlls to afflcial the rigIlis of any private party 110 aFlFlose ire atan(arrnerii or assert any rigf i nesultiricl ill Elie from or e� isiing Flre\ iaus to any aalian t y t1l El flown. PAISSED AND ADOPTED BY the Mayor aric Coy riail of the flown of Fou ntain Hills, January '19, 2013. FCIR11HETOWN OF FOUNIIAIIN HILLS: Linda N . Ka\ anagh, Mayan REVIEWED BV: Grac y E. Millem, pawn M anager ATTESTED TO: Beverly n J. Baric er, Town Clerk APPROVED AE IIO FORM: A redrew , . MCC u ilia, -Hawn Aitanney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" FOUNTAIN HILLS AZ, FINAL PLAT NO. 602A, BLOCK 1, LOT 36 VA SCALE: 1• _ W DATE. 12-22-15 p g, LAND SG ✓\ y�pt�FIGTf qui^ 18595 o rc RANDY L HARREL \4 s, PTP1108 7/3A��B Meeting Date: 111 912 01 7 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Strategic Planning Goal: Not Applicable (NA) Meeting Type: Regular Session Submitting Department: Administration Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of AGREEMENT OF SALE between the Town of Fountain Hills and Fountain Hills Theater, Inc. for sale of the Community Theater property. Applicant: N/A - Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: 11445 N. Saguaro Boulevard Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): For several months the Town of Fountain Hills has had an interest in selling the property and buildings located at 11445 N. Saguaro Boulevard which has been leased to the Fountain Hills Theater for several years. Since the buildings are aging and there has been ongoing maintenance costs to the Town, Town staff recommended disposing of the property to avoid these costs. Last June the Town Council adopted Ordinance 16-06 authorizing the issuance of an invitation for bids for sale of the community theater property. The Town of Fountain Hills received only one sealed bid which was from the Fountain Hills Theater, Inc. The bid was for a purchase price of $0 as the Fountain Hills Theater was able to document an investment of over $577,000 of in-kind capital improvements to the facilities. Since the capital improvements exceed the appraised value of the property, staff recommends acceptance of the bid with the understanding that the property will have deed restrictions requiring it to operate as a community theater for a period of time or it will revert back to the Town of Fountain Hills. As a condition of the sale, Fountain Hills Theater will pay all closing costs associated with the purchase of the property. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Page t of 2 Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends that the Mayor and Council approve the purchase agreement. List Attachment(s): Purchase Agreement SUGGESTED MOTION (for Council use): MOVE TO APPROVE a purchase agreement authorizing the sale of Town property at 11445 N. Saguaro Boulevard to Fountain Hills Theater, Inc. Prepared by: Director's Approval: Approved : �• Gratly E. Mi0er, wn pager 1 4/2017 Page 2 of2 AGRE9MEN11 OF SALE Tt isi A LIRE E N 131\11 OF SIA L B ("AclrEiemerii") is mac a and entered into . anuary 5, 2017 Ilthe "BftleclNe DatEl";, by aric between 11OWN CIF FOUNTAIN HILLS, an Aniaana mcnicipal conporation Q"SellEin"; and FCIL NTAIN H ILLS 11H SAlISR, INC., ari Arizona non-profit corrioration it"Rural" asen"). IN CONSIDERA11ION of tte mLtual clnomises of the parties aEfl forIt in chis Agreement, the naceiclt and suff lkiricy of whicl" are acknowlecged, dellen agrees to sell the Rnoperty io RurchaflEm aric RLrarasen agmesi to KiLnahase the Properly from Steller in aacordance with ire llollcwing ienmci and sic bject to the conditions set fortl" in IT is Agneement. The fallowing terms, Kpiavisions, and conditions are agneaa to: 'I. Ru nchase and Stale of Rrcperly. SL bjeci to the cc%Eirianis and agreemEirils o1I ll"a rE13pecti%E1 parties as teneinafler lel farih, SellEir shall sell aric Purchaser shall PL rctase certain iracis ad land IEigally ceciciibed aric depliated on Exhitil A,, attactEid l"anato and made a part t erEiall, laaated al 11445 N or l" Slag uaro 8aL levarc , FOL retain Hills, A nizona (15268, togeil" en will rights aKlpc denarit Iheneto Ilwiih it El laric collectively called the "Rnarleriy"; . 21. RL nchase Rrice. The PL nchase pinice llor the Rroperty ilthe "Runchase Price"', is $265,CICICI. Runchaser will pay $100.00 ilite "Ceclasit"; will- in five days after its exEuiction hereof to an interest Leaning escncw accoLnt with Ficelity Naiicnal 11itle Agency, Attention: Ratti Graham, 60 B. Rio Slalado Barkway, 11tt Floor, TemclE1, Ariacria 85281 ("1litle Company":, witl" intEmest accrL ing to RL nchaser. Such iriienest shall be included in ariy refL ric of tt Ei Deposit herec nc er. 11he balaricE1 cf it a Purchase Rnice afien application of any c eposiis mace cic nsuant llo this Agreement will be paid ilrom PurctEISEM by semices previously rendened aric imrpiavements installed on the Rnoclerty as more Klarliculanly descnibed an E) t ibit C attact Etc hereto. 3. llitle Ir13L rarica. Steller shall an t Elt alf of Runchaser, at Rurchaser'si sole cost aric expense, no lacer than '15 days aflEui the EfileclNe Date, orc er fnom tte llitle Company a ;iiandand form AURA Owner's Title Commiimeni Ilthe "Commitment covering the RrcKlEirty aric issc ec t y tte Title Company. Slaller stall cause the Commitment to be delivened to Rurct assn, tcgeihen with copies of all inslnLments, ill any, reilenred to in the Cammitmerit as excEiKliicris to tillEL For Klcri:10,0 is of ire foregoing sentence, "deli%erec" stall include transmission of the CommitmEirii and sL prlorl incl documEirils to i t e RL nchaser by electranic mEiansi wt iat may iriCkde e-mail, facsimile, electronic media, or wetsite Klo.illings. til excaKliicns appear in the CommitmEirii, ather itan the standand pre-printEic a)(ceptions, whiah are abjeciicriable to Purct asen, Rurat EIOEm shall, wilt in '10 days aflen RL nahasen pacer Els itEl Commiimeni ilalong with suciclarting documenls), rialify Steller in wniting of such fact Ila "Mile Objeciicn Notice' Upon Ite e)piralion cf saic 'ICI -cat' period, Purchaser shall be deerrec to ta%a accEipled all excepiicns to iilla ase shown an Ite Clammitment le)cerli for ariy matllens tc wtict rioiice Lriden the preceding serilerice has been gNeri to Steller) and scat EDceptions not abjecled tc ty Rurat alien as provided at o%a stall be known as penmitled exceptions fan rlL nclases of the final title insic rariaa clalicy Ilthe "Permitted 8) aerations"). Seller shall, within 15 c ay s of rEicEiipi of the Title Objection Notice, ta%a Ite cpiian in its sale discreliari of Eiiitar: (A, lerrrinaling Itis AgreemEiril in which event the Deposit at all be returned to Runchaser, on (8; cleaning tte title of the objections so specified. Seller shall clive wnitten rioliaa to Rc nal" asen of ils decision wt ell"Em to termiriale This ACInEiemeril ar rerra%Ei tte objected-ta exceplionsi fnam title no later than '15 cat's afilen the 111iila Objection Notice. til Steller fails to rina0c e a notice to Rc rat asen within '19 c ays aftler the date ail It a Title Objection Notice, tt en Steller stall be c eemEic to have elected la 2800856.7 terminate 111" is Agneement. If Sledler eleats lo termiriaile this Agreement, Purer asen shall eit1" en: (A; rlllify Seller's 11e11miriatiari wit1"in five days of its neaeirli of such notice by writleri rioiicie to Sellen aric Hake title "as -is" or (1B) accept Sleiller's termiriziiiciri within fNe c ays of its reiaeirli cif suer riatice by wnitteiri rioiicie to Steller. Title Company s1" all issL e a title insurance palicy for the Properly at Closing in 111" a amourit ci1l 111"ei Pur& Eise Price shawiricl RL nchaser as tr e 1" alc er of fee title to the Praperly su bject curly to 111" a Rermitied 8) aeptions. Purcll aser shall pay the premie m for citandard coy erage. The ea cleirise all adc iticinEil/eixiended cioverage err eiric orseiments err the deleriion of siaric circ elite-pniriied exceplliaris shall be paid by Runchaser, but Sellen s1" till cooperates in all reasonatle nespeats with the issu ante cif exiendec coverage sc al- as t signing and deli%enirig to 111" e Title Corrpany ills siaric arc form affic a% ill. If this P green aril teuiminates as a reisLlt cif Purchaser's default an by Pur&ziser's election as al1"ermiise sell forth 1"eiieiri, then Ruru1" Eisen shall be responsit le fan ariy cianciellation fees & argec by t1" e Title Clampany. This Seciiari sr all su RIN a tr a Closing. 4. Deec . Prior to Closing, Stadler shall c esliver Ila Title Company a special warranlly deet ("Deed") conveying to RL nchaser fee simpler title to the Property, ciL bjecll only to the Rermittec Bxuepiiaria, which s1" Bill warreinll ti111e to the Flnarledy, and defend 11" ei same agairist the lawful claims of all Klersaris claiming 1"y, through and a nder Steller, but riarie alhen, subjecit to the Rermittec 8xceptions, a rerseRiation cit an aacess easement and a restriclliciri allowirig the Rroperly Ilei drily k e c seic in a mariner sc Klporl incl the core purposes cif a torr rrL niN 111" eiater fon the rerrairing usefu I lice of t1" a built ings incl dec in t1" a Rnoclerty, w1" i& 11-e Kleidies agnee is a paniac all '15 yeans fnarr the Efilecti%a Dalle Qcollecitively, "Deed Restni(itions"). SSaic Deed slIall k ei in su bsiantially t1" a same farm as attaci1" eic as 8.N1" it ill B. L pon necieipi of the entire Pur& ase Price, Title Company shall retort t1" a Deed aric ot1" err reucirc Bible daaL ments as may be cerliverec in uorineclliari wish 11"ei Closing. 11 is fLdhen uridersiood and agreed that tie Deed Reistricitioris shall k e insertec by 11"a RL iichaser under tris P clreierrerit in ei%eryl deed tui gnourid lease to be delivened by it uori%eyirig lolls or plans an ot1"er portions alll1"e Flraperly car any irilenesll therein and that such insertions of SL oh Deed Restricll ions in such ceiec an ground lease s1"all 1"e c eemed a clsirtcri the considenation of t1" is Agreemerii. 9. Clciric ition of Property. N aMithsllaric ing any11" iricl to t1" a aoritrary ciontained in 111" is P gneemeni, it is eN cliiessly L sic eirstood aric agreed that Rc rci1" asen is buying the Rropert y "ASI IS" AND "WH BRE ISI" AS OF 11H E MME OF CLOSING, AND WITH PILL FAIL L1IS AIN D DE FECIISI, LATENT OR OIIHERWISE!, RIND 11HAT SIELLBR IS MAKING NO RBPIRESIENTAMONSl OR WARRANTIES, EITHER BXPIRESISIED OR IMRLIED, BN ORBRAIION OF LAW OR OIIHSRWISIE, WITH REERECII 110 THE QUALITY, RHYSICAL CONDITIONS OR VALUE! OF THE PROPERTY, lIH B RRCIRERTY'SI HABITABILITY, SLITABILITY, MBRCIHPIN TABILITY OR FIIINBSISI FOR A PARTICULAR PIURROSIB, THE RRESIE N CE OR ABSENCE] OF CONDITIONS DITIONSI ON THIS RRCIRERIIY THAT COULD GIVE RISE TO AI CLAIM FOR RERSONAL IN.,URY, RROP13RTN OR NATURAL RBSOURCE DAMAGES; THE] PRESENCE OF HAZARDOUS CIR TOXIC SUBSTANCES, MATERIALS OR WASTE, SUBSTANCES, CONTAMINANTS, OR ROLLLTANTS ON, UNDER OR ABOLT IIHB RRORBRTY; OR THE INCIOMB CIR BXPENSIBSI FROM OR OF THE] RRORERTY. This Slecition s1" all sL ruiive 11" a Clcisiricl an earlier ienmination of t1" a Agreement. 6.-laNes. For Flu rposes of taxes in efilect for the year of Clcisiricl, if eiriy, 11a.Nes s1"all be clnanated as cif the case of Closing based on latest available infarmation eis is %aloes and rates but ria credit s1" all be pro% ided Ilei Sellen at Closing and inslleiac , at aric k ellone 111" s Clasing, Purci1" aser s1" all clay when due all saxes that aacru ed againsll ITS Property aftler the Cllasirig. Purci1" asen slIall pay any 2nd halal 20,16 taxes as and w1" ori c c e wilIT Runchaser peiy ing all ta) es allouak le to the Rnarlerly far time peniac s of ler the Closing. Ariy Fedenal, state and local 2600656.7 2 docurreritaryl on re%enue scamps, trarisllen, sales and otter taxes nela iricl io irea sale of tre Flncirlerty, , if any, shall be paic by RL nchaser jai Closing and t tilt parties agneea tci execute any lax fcnams requined. 111`8 oC ligations oil i he pari ies unden iris S eciiciri 6 sr all sc NiN a tr a Closing. 7.-nnansfer Taxes, Reverie a Starr ps and Rees. On tr a dates oil Closing, FIL ncahaser sr all clay, if any, the sA rleirise and ciost of all stale, county arid Icicial docl meiriiaryl or reveriu e scamps, tnarisfer, sales and other "inansfer saxes" (including sales ia)�es on Cnokerage corr missions:, and escrow fees, if appliciat le, nelaiing io tr a sale of the Rroperty. . P riy impact, user, siancty, cionrleciicirl, or oirer tax, otligation or flee far Rurchaser's ce%ealopmerll or use of tr a Properly shall t e at the sole cicisit aric responsibililly of Pu rear Eisen. 8. Notice of Defau It/Default. Wilt rearlecit tci defau It, Seller and Purcir Eisen reneby agree io ire following: (A; In the event either darty is in ceifault ail any provision hereof, including rlcnsuant to Section 13, the non-defaulting party, as a condition pnecederlt io its nemedies, muss gi,ye the defaulting rlearly written notices of the cellaLli iri sirict acccilacaricea Witt ire rlcilice nequinements of Seciicin '11. The defaulting darty sr all r Ei%a 10 business days faaom receipt ail such riolicie tci oL ne the default. til tr e c ellaL liing rlarly timely cures the default, the c efaL Il stall t ea deemed waived, and tr is P dneerr ent sr all continue in full force and efilect. If tr e c eiilaulting darty c cies r1cil tirr ely cc re sc cr defau It, tr a non-defac Iting party at all be sriiitled to pursu a its nemedies as sei forth in Sections > IQR) cin 8(C', as applicable. (18,If Purcr aser defaL Its L rider tr is Agreemerll, Seller may, as its sole aric eaYclusive remedy, nsiairl tr a Derlasit as liquic aced carriages, aric cancel this Agneemeni wish Rurcr assn nesporlsit le fon the paymerii cill any esciiaw ciarlciellation fees aric Steller r eret y waKeas arty Eicitiorl, whether leidal on eigc itable, as a result of sc cr defeu It by Pc rcarasen. -We p ariies aciknowlecge trall: Iji; it woulc be impimcticable io fl) 11`8 atiltEiI damages suffened by Steller as a result of sc car default; and (ii) the amount of the ligcic a1ec damages r8preserits a fain arid neasonable corr pensaiicin to Steller for such defau III. 11C: If Slellena d81laults c nder iris Agreement, Purcr aser may, at its option, exenciise orae of the following as its sole arid ED CIL sive remecy (i ciarlciel tris Agreemeni in wt icr case the _018 Clomclarly is inrevocably iristrc cited to reit nr1 the Deposit, as well as any intelaeast earned it ereaciri, to Rurcr aser, Steller sr Bill C ea 1189pcirlsit le far any esclaciw ciariciella'lion fees, or (ii) rincicieed Witt this Agneement aric Fly aachase the Flncirlerly cic rSL ar11 io iris Agreemsrii. 9. Rigrt cif Erin . At any lime prior io tre Chasing, aric at RLnchaser's solei cosi and resparisibility, FiL rear asen on its authorized agents shall ray a tr a nid11 i tci eiriien upon ire Rroperty far any lawfc I purpose, irlcdc ding, wilt eau 1 limitation, conclL citing a su N1sy anc any oir en physical irlspeciiorls aric site analyses, tesi tanirlgs, and engineering si(,cies. Rlrcarasen agrees to defend, irldemnifyj aric told r armless dellen fnom early damages or liability Ilea pensons on properly 1:11 ai mighi anise tr erefnom, arid RL nchaser agrees io repain at its sole cosi and responsibility, on pay io Slaller the cosi of, arty damages ail sec to the Rrcirlerly t y such sriiryl. Rt. nchaser r snet y warranis and represents to dellen thai Runchaser, in e)�encising ills rights L ricer this P glaeaeament, shall comply fully wish any federal, stalls can lacial laws, regulations, circinances, penmiis or oiren aLthorizallicirls. The parties agree It at RLnahaser's breacir cif iris Seciicin at all be carlsiceuasc a c sfault c r1c eua 1 r s terms all iris Agrsemearll. This Slecltion sr all sc rmive 1 r s Closing or eanlieua lermirlalicirl of this Agneement. 28(10856.7 3 10. Assianrreni. Nelill'elll Puraraseii nor Steller may assic ri this 4giieement without the otr er's canserii. 11. Notices and Reaueslls. Any riolicie or oIT aii torr rr L niealiari iiegL ired aii penmiited to be given L rider tr is Ac reerr erill sr all t e in waiting and shall be deemed lo r av a been duly given if (i) deliveiiec to the party al the acidness seri forth telow, Ilii; deposited in the U.S. Mail, negisteiieic aii cert ifleic , retL rri reicieipll requested, to 11r ei ac c ress sei fors r t elow or (liii) givers lo a recognized aric necictablei overnic tl delivery service, to the ac c ress sei forth t elow: If Ila # a Steller: -lawri of Fountain F ills 16709 Basi Avenue of the Fountains FaL Main Hills, A nizaria 85268 Atln: Grady E. Millen, Town Manac er Wild copy to: GL.ill Rcisar ReLD R.L.C. Oris Easl Washington Street, SlLile 1600 Phoeniy, Arizona 850CIZ-21953 Afro: A ric new � . MciGI ire If to Purchaser: Rou Main F ills Theater, Inc. '1'1449 Nortr Saguano BaL levard Rou Main Fills, Ariacna 892108 Atin: Suzu I- ericersari an at such otr er ac c ress, and Ila the attention of SL ah otter persari an officieii, as arty party may c esic nate in wniting ty notice duly gNeri KIL iisuarit ici this subseciiciri. Notices shall be c eemec iiacieived (i) when c slivered to t r e party, (Iii; t 1, nee t L siness days afllen beiric placed in the U.S. Mail, clnopenly ac c reissec , with suffrciierii postage an (liii) tr a fcillowiric business day after being civeri to a necogniaec overnigtt celiver) seRiiee, wilt its person gi%irig the riciiicie payiric all r8gL irec charges and insllnL citing it e c slivery service to deliver on if a followiric t L siriess day. If a copy of a notice is also c iven to a parry's cion risel or other neciclieni, the Kpicivisiciris at o%e c ov euiriirig il,e c ale ori wr ich a notice is deemed to have been received ty a darty stall rreari and refer to the c ales on which tr e darty, and not its counsel or ciihen recipient to which a copy of lre nollicie rray be,980, is deemed io have necieNec tre ricitice. 1 e1. Clonliriaencies. R, richaser shall f ave a '15 c ay perioc filam the Effective Date Ithe "❑Le ❑iliceirieei Period") to determine the feasibility cif Rurchaser's intended Lae. At any 11ime prior to tl a end of the Due Dilic ence RE111iCIC , tr a Runchaser rr ay, ilor any reascn iri its stile and atsolLie discneiiiari, earieel this Agreement aric receive a refund til ire Deposit. In tre everii Rurcit asen flails lo timely cancel this Ac neerrerit as providec in Iris Slecition 1,eI, this coniine ericiy sl• all be c eerr sic waiv ec . 13. Closing. The Closiric stall Wki place, througr escrow, al the office of I EI Title Compariy within 15 c ay s after the satisfacition or waiver of tt a contingencies and conditions precedenll cedailed in Section 1,eI above (ifei "Closing"). At Closing, Steller shall deli%er to Purcil,aser the Deed e)eeciec by Steller conveying to Fi rataser i1re Properry being acquired. 14. Possessiciri. Steller will turn MEN exclusive possession of the Properly to Rurataser at ItEl Clasiric. 2800896.7 4 15. Compliariciei with A rill-Terranism Orders. Ru nchaser and eacf managen, memt EHI, officier, c irEicitor and shanet alder in Purchaser, aric all t eriEdicial ownens of Ru nchaser and any sucr manaCIEHl, member, afiicer, c ireclon aric sl- @rEif older (IcollEicitively the "Purer asen's Associates"; airEi in ciampliance aric will remain in campliance with the nequ iremEiriis of Order No. 13,e1,'J4, EIEI Fed. Reg. 49079 ijSleclt. SIS, 21CI01; ilihe "Clrcer", and other similar requiremEiriis conlairiEid in the pules and regulaiicins of the Office cd Foreign AssEit Clontnol, U.S. Department Cd tfEi TrEiasuryl JOFAC), and in any enabling legislation or 011"Em ExecuiKe OndEuis in respecit tf EHIEiCif 11he OndEm aric su Cil- other rules, negu lalions, legislaliari or CHIC Ems are collectively cialled tf Ei "Orders"; . Furl l- EHI, Purchaser and Ru nchaser's Associates are rich listed on the Speciially DesignatEic N ailicirials and Blocked Persains L isi maintained by OFA CI pu rsu aril to l l- Ei Clrc EHI at OFAC's officiial wetsile, htirl:/dwww.ineas.go%jloffices/enfcmaementofacil, on al ariy rElplacemerit websitEl on oll- sn replacismerit official pu t licaliari cd sucr list, aric dor on ani ashen list of ierrorisls or tEinonist organizations mairitairiEic purse and io ariy of the nu les and negu talions of OFAC or purse aril ici any ather aippliciat le Clrc ers. 16. IIINiIENiIIONALLY ONITTIED] 17. Ru ratasen's Reparls. Purcf asen l-enety agnees to ilunnist a copy of ariy SMEIy, soils tElsts, engineering sludiEis or environmental slu c ies, wf Elri they are ottairied, and/or any otf EIn non -confit eniial data that they may obiairi du nirig the lime (names witl- in this A gneEiment to SEiller. 18. Condemnation. If, cliicn to the Closing, all or any part of tf a Properly shall be condemned by governmEirilal ar other lawfu I mull- Cnily, Purcf aser shall f a% a the option of either (A; compleiirig the clunahase, in whial- everit all condemnation pnoceeds or claims iheneof stall be assignEic io Ru rat asen, or IjBI) caricEling tf is Agneement, in which event Ite Declasit at all be relunned to Runchasen and this AgneEimerit shall to tenmiriaied wit( neilhen party favirig any rights against tf a athen, aric Sellen sf all be entitlec to arty and all caridemnaliciri clnoceeds. 19. Time of the Essericis. Time is a)clnessly declared la to the essericie of this AgneEiment. 20. Final Dates: Days. If ll -e final c ale cif any deadline falls upon a Slate rc ay, Su ric ay, or f oliday recognized ty tf Ei L. EI. Posial Service, then in such e%Eirii tf a lime of sucr deadliriEl stall be ED lendsc la i t e rie) l day wt icl- is not ai �Salu nday , Sunday, an f aliday recaicl riizEic t y t1`8 L. S. Rastal Semice. Wherever in i his P grsemeril 1l- a wand "days" is used, it sf all be considened "aalEiridar days" and not "business c ay s" u riless al l-ePAiise specifically designatEic . 21. Brune P MEiEimerit. Itis AgrEiemEirii ciontains the erline agr8emerit between Sadler and Ru rcll- asen, ant ftere ane rio other terms, condiliaris, clnamises, under 4 ings, slatemerits on rEiprEISEirlatioris, e)clness an implied, cicricienning the sale ciontemplatEic by this Agreement. 22. Headirigs. 111`8 f Sadings to the Seciiaris l- ensal have been irisertEic for cornEiriience al refenericie only and shall in no way modify) or nestrict any pncvisiaris heneof an be used to cioristru a ariy su of pnovisicris. 23. Counterpar s. 11 -is Agneement, aric ariy modilciations, may be executEic in one or more counterparts, iriCluding by faicisimilEi, all pairliEis need riot be signaloniss to the same 2800856.7 5 dociumeriis, and all caunlerpart sigriEic documEiriis shall be deemed to be ari original and one iristrL merit. 24. Modifications. Tre terms cif 11 -is Agnaament may riot to amended, waived, on terminated arally, but orily by ari iristrumarii in wriiiricl sigriac by baill, PL ruF asan and Seller. 25. Aitorney's Fees. Seller aric FIL nchaser agree 11- ai if ailt er party brings ari acition agairist the otter dartyio enforce 1he terms hereof an to cealare rights henecrican the prevailing darty shall be entillec io recover its reasciriable attonney's flees and all cosls and expenses from the other darty. 26. Slucciassons. Th is Agreemarii at all irw re to tt a beriaflt of aric bind the parties heneta and stair respecli%a successcinafteirs aric as:iigns. 27. Gavenning Law. 111- is Agreemerii shall be governed by and iniancpieted under the laws cill the slate of A nizo ria. 28. Disclosure. Notwithsiandirig ariyihirig to the contraryl contained in chis Agreement, chis Agreement may be ciscilcisac io any boand, ofiliciial, officer, party cir Klenson as Sellen an its cciu n:iel may c eianmiria is rieciassary, including eritrNI into ariy public recanc and disclosure at ariy public meeling or heaning. 29. CompliariciEi. RL nahasen hereby warnanis and repre9erlls is Sellan it ai in exerciisirig its rights unden'Itis Agneement Rurchaser shall ciomply filly will- any iledenal, state or facial laws, regulations, ordinaricies, permits or other autt ariaaiiciris. Tt is SleCition shall sL relive tt a Closirig. 30. Cancellaiicin. N oiicia is t ereby given tt ail the cpicivisiciris cif Ariz. REN. Sltai. § 38.911 are applicable io NO AcpiEiement aric are henety inccirporaiec herein as 11"oLgl• sat faith in its erilinety. 31. Budget L aw aric N ari-appropriation. dellen is obligated only la pay its obligations set forth in this A gnaamerii as may lawfully t Ei made fram funds appropriated and budgetec ilor that pLnpose during Steller';i it ari CILnnerit fascial yean. Seller's obliclaiiciris Lric er 1f is Agreemarii are currarii expenses subJEicit to ite "t i c get law" and the unfettered Iaclislati%e c eaision of the Sellen ciaricienning bcddeied purposes aric apclnopniatiori of fc ric a. Should Slellen aleci ricii io aciclnopniate aric t L c dell fL rids to Klay its Agreemeni obliclaiiciris, No is AgreemEirii sr all be deemed terminated ai the end of 1 F e then-cL rrerii ficicial yean term for wt icr sL cal, ft ric s wene aciclnoclniated aric bLddeiec for suer pcnpose and Steller ;ihall be nelieved all ariy sLbsagcerii otligaiiciri c ric er this Agreement. 11t El clarties agree tt ai the Slellen has no obligaiiciri cir dcty ciil gacid ilaith to budget or apriiiarlriala 11-e payment of ItEi obligaiiciris ilound in this Agreement in any budget in any fascial yean otter than 1 t a fiscal year in whicil- tt is Agneement is execu ied and deliv tined. Steller shall t e the scale judge and authority in determining it a availability c111 fL rids fon its oblidaiiaris hider this Agreement and Steller shall NEiep tte other party informed as io the availability of 11L rids for this A dreemEirii. Tt a obligation of Steller io maH a ariy paymerii pursL aril to chis Agneement is not a gerieral abligation or iridebtec ness of Steller. The SEIller rEuiety waives any aric all rights ici bring ariy claim agairist the Sellar fnom on nelaiiricl in ariy way io Sellan's ienmination of tt is Agreement pIL nsuant to this Steation 31. 32. Rublia Access Easemerii. Will- nespecl to Deed Resirictions io be placied on the Rroperty, RL iiahasen agrees 11, ai Steller may naservle a cleneral Klµ blic access easen'180 which 28008561.7 6 sh all nL ri with and bind ire Rnopert} , and sr all bind Purer asEir on an affilialEic eritity, , cm its sL ocessons an assigns, and sr all inure to the beniefii of and be enforceable by Sellen, or ari affiliated Eiriiity, or its sucaEissons and assigns, t y any appropriate proaEiedings al law or in EIc1041 ici clnevent %iolations of sLoh access easement aridilan to rEiaci�en damages fon sLar �icdaiiciris, irialL ding with out limitation darrages inounred b} SellEui, cir an affiliEfled eniiiy, cionoerning t1l a business ooric L cited on t1l a land ac jacierit is the FlnciKlEiriy. IP is Sleciioni 32 shall SL wive Clasiricl. 33. Brokerage Fees. Both parties represent trai rio broker is involved in iris AgreemEirii aric each party iniderrriifies il-EI oihen against tnokenage ar acimrrissiori cdairrs anising out till the iridemriifyjirig party's aotions. Tr a provisions of t1l is Seuiiciri 33 shall SL Niive C losing or ariy cancellation or Eiarlien ienmination of 11- is Agreerr Eirii. 34. N o Personal Liat ility. N a merr ber, offioial, err ployee, an agent of '11- e SIel1Em slI all t e clenssonally liable to FIL r& asen, or an} SL acessor cm assigriEiEi iIA) in the event till any defaL 11 an t reach by the SellEui or (8; pursL arii to arty cit ligation till the Seller L nder t1l a tEmms of chis Agreemerii. IREimairider of Klage left inieriiionally Hank - EliclrialL ne page fallows] 2800856.7 % IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. "SELLER" TOWN OF FOUNTAIN HILLS., an Arizona municipal corporation Grady E. Miller, Town Manager Attest: Bev Bender, Town Clerk "PURCHASER" FOUNTAIN HILLS THEATER, INC., an Arizona�a non-profit corporation Name:// �+a /n1�N WR.c1oP�ir Its: �[.c VY 1- K < 2800858 BXH IBIT A 10 PGIRBBMBNT CIF STALE BBT" EBN IIHB TOWN OF FOUNIIAIN HILLSI PN❑ HOUNIIAIN HILLS 1FBAIBR, INC. (LBCIP L ❑BSCRIFIIIION P N ❑ MP A OF PROPHIRITY; See following pages. 280085EI.7 9 TOWN OF FCUNTAIN HILLS COMMUNITY THEATER PLAIT EN H I E IT "A" HINAII REPLAlI OR BLOCK -I, LOT IA OF PLAIT 302 / RERUAT ?C2, BUCCK 5, LCII ' A BK '265, RC 26 \ 719,334.8 S.F. 111.82' AC.) C � FILAT 3021 C BLCICH 1, L01 3 '03C BH 190, P(I 45 AHN 1 AEI—CIEI-46EIA PLAII 3Cl2 BLO(V 9, LCAT BK 15E, FIG 49 AIP� '116-013-410/1 I � 14 HORT 6 CIDOWELL ` WF IAII N AT10F RLA1 3(12 3LOCK 9, HAFICI9L 11 190, PCI 45 IIHN 176—CIEI-981A1 E MAP BASED CN LC1 'IA, OF A FINAL REPLAI CF BLCCIK 5, PLAT NC. 30J, FCLNTAIN I -ILLS, ARIZCNA, BCCk '1205 CF MARS, RAGE JEI, ACCORDING TC 1I -E PLAT RECORD IN THB OFRICE CF THE S CICUNTY RECCRD9R CF NARICCPA COUNTY, ARIZCNA, AS 0 50' iocr R9CCRDED CN MARCH �I'I, 2016, BEING A BART CF S8CITICN 23, T. 3 N., R. 6 8. CF TH9 GILA AND 9AL7 RIVEIR BASE AND sOALE: 'i' _ 'I 0a' MERIDIAN, NARICCPA CCUNTY, ARIZCNA. UAITB: EI -1- 'IEI BXH IBI -fl E -110 PIGIRBBN 3N -fl OF SALE BBINVBBN 111-8 TOWN OF FOUN-HAIN FILLS AN CI FIOUN11AIN FILL�S111-BA11BR, INC. (EIRBCIAL \AARRANTY DBBEI; See following pages. 218( awo.7 10 W t Eiri recorded return to: Hlciwri of FOIL main Hills 16705 8. Avenue of to a Fountains Fac niairi Hills, Aa 8526EI Attri: Town Clerk SPECIAL WARRANTY 11EED TF IE DEECI 16 EXEMRT FROM AFFIDAUI'H AND FEE RLRELANT TO A.R.E. § 'I'I-'1'134jjA)ij3j For gooc aric %alp able consic Euiation, the rEicieiclt and sc fflaiemay of w1• icih are I` Emeby acknowledged, TOWN OF FOUNTAIN HILLS, ari Arizona municipal cianrlanaiiori ("Granior";, does hereby grarii and ciorivey to FOUNTAIN HILLS THEATER, INCI., ari Arizona riori-prciilit corKlonation ("Glrariiee), to a ilollowing real pnoperty situalEic in Maricopa Couri)j, A nizoria, VcigEiiher Qthe "Rroperty"', with all rights and privileges appurienarii VrerEiio: SeE1 Exhibit 1 atilached hereto and mace a part heneaf. U B, BCT TIO all maulers till retort. Grantor does hereby bind itsEdf and its succEissors to warrarii and defend the title against to a acils of Grantor and pensons claiming k N, '1 f• naL gl• aric under them but ria off er darty. This ciariveyance is expnessly sLtjeci io 11'Ei following condiiloris and restricilions: Grantar henety reseRIEis far itself and fan if• a Fly k lit El penrletual non-exclusive general public access EMSEiment cis EW and on if• a cmoss• l aicihed areas c epictEic tri Ext ibit.I attacif ec r erEiio and incorporated f erein by t1 is rellenerice (if a "Basement Areas"; ibr purpose of providing aric permitting pedesiniari and vehicular ingress and egress, wrier al all be subjEicft aric SL t orc inate to ariy and all easemeriis of neciord. Gnariiee sl• all al all limes mairiiairi IT a 8asemerii Areas in good condition aric repain. lllr Ei easemEiriis grariied heneiri shall ncri with and kind the ProKleriy, aric shall tiric Glrariiee or ari affiliated entity, or its successans or assigns, and sl all irIL nEi to irEi teriEdlit of and t Ei enforceable t y Grantor, ills sL acessors and assigns or beriefitec party by any appropriate cpiacieec ings at law on in equity. 3. The Flroperty sl• all orily be used as a community if Eiaien (Ithe "Use Resiriclion"). -Pe Use Restiiicition heneiri shall nuri with and bind tl•e Rroperty, and sl•all t ind Grantee an an affliliaied entity, on its su cciessors on assigns, and stall inure io if e teriafli ail and be eriforceable by Gnariion, its successans aric assigns on benefitec Klariy by any appropriate prociEiec ings al law or in equity. If 11-e Rroperty creases to be used in a manner SLpporing il•El clone pLnposes of a ciommcriity if•eaien prior to Jancaryl 5, 2032, then title io 11'Ei Properly sl' all re%EW back io Gnariior ai 11'Ei dinection, in its sole discreiiori, of Gnantor. 2800850.111 1 11 Dated as of tl• is c ay of 2017. 11CI1MN OF FOUNTAIN HILLS, an p niaoria ML nicipal corporation %: N CIT TO BE EXE CIL T9O N ame: Grady B. N iller, flown Manager A ttest: By: NOT TO BE 9AECUTE10 N ame: Bev Benden, Town CIIeO State of AR 120N County cd Maricapa llr a fonegoirig insinumerii wa,i acH riawlec gec befane me tl• i,i c ay of , 20'17, by Grady B. N illen, Tawri N anager of the flown of Fou niairi Hills, an p nizona municipal coglcmation, an behalf of the municipal ciaglonatian. (E eal and Expiration Dale) N OT TO BE EXECUTED Notary Rublia 280085EI.7 12 EXHI91111 to Special Warranty Deed Legal Desaniriiiari of the Rroperty ij,See fallowing page; aam i. -A 13 EXH191712 to Special %arranty Deed BEISElmerit Areas ❑epiclicln (ISee ilollowing page) 28(1085EI.7 14 exHlel-n C TO AGREBMEN-n OF SA L 8 BE-nWBEN TH8 TOM OF FOL NTA IN HILLSI AND FOL NTA IN HILLSTH8ATOR, INC. (E-BRVICUSI ANC 1MPROVBMENl1S) See liollowing pages. :1800856.7 11 F-, pr,,yes ar:<rmr r,. a s6 'r 11J C a:uir snits t.i' , n_., ai+ :aJe d:t,•d rlv Iris Jusfpfu-t, I, 1,,,. r i IL.+ rd ra.:!hez:- Lrn.ir:r lulal c�•r GENERAL RH:�LLlREf14EN TS Persnit 'Fawn of FH 50.00 Rough Clean/Trash haul WasieMaragernent $3,000.00 Finish Omn Desert Dhtbustm 5350.00 Labor" Bernolibm FHT 510,00000 Fire Prntecticm Engineering Bruce Nasdog Si,R50.00 Esrgineering,Sructtaal September/Underwood $4240-00 Finns/D,dfisaian Brad Kra use,archehKi S32AM.OD Tota[ Clr+eral R "reverts 5 TEwORx,C€ NCREi'E MASGNRY,51MEL, Exported Dvt Bobcat Wizard 54300-00 5" Waif 5.719.00 Vase nry Blurk Dave Lamberdy s70.Sd0.0o GuArdra is Tom Wrought Torn $2.050.00 TaLat 5AeWUFkCOnUOte,&Lsonry and Steel 526 Sii4 W CARPENTRYAXMBER Rough framing labor and ma feria is Bu LII tf a xxe0o 1ntenor door hardware and insrattation Preei9ion $12.de9.00 Cabarets,' Vanities and utility cabinets Wood Mivm 537,000.00 Tntal Carpeptrlpflwrmlbb , S59,T79.60 mOiSTUR£ PRAT1:Crloi4RHER*ikL 1NsULAT;m IrOwor Irrsrr124on Mesa Lnsuatlan $L.SflO.W Tile Roof RickTtrornas S2.20J.00 TEAM Mobstwel7hurow #3.TOD.06 FINISHES B Ali Dorn Minors Custom to Qum 51,032.00 0 rywo4 Pauling Jury O'rYwai $3.750.oC Vak.WstmyaW labor Pnffe r Krause $S.M"O' D0 Sle800.00 Bath Tee and Grout Fartlasis trrleviom $825.00 Bath rule vrssMIL-lion Aldo $400.00 Carpets Krause $10.000.00 Carpel imstmitaum Niw1 a ;1.200.00 Sand Slane Fastsh Level One 3'2.200.00 Purchase and htstallatim of Mi .e doors w'ijh push escape bars Fontaine C=mtruttori $15,000.00 TM Ffnishes S49,047.00 EQUIPMENT s -4 Theater Seals and Untalisuom Harkins $5.575.00 prop Symon Dem is Kdd&*r S2,239.00 Saund System Me" AM $2,$33.00 Lghtng-Divern Theater 840,243.0[1 Total EgU:Pmeni $W,940.94 PLVMBINC, NMCHANICAL AND ELECTRICAL Rough {•:Humping AZ PlurnSkrg 524,266.00 Pa rtl'Jon AZ Phrmishn3 33,193,07 HVAC Seiett Air 53 5MOD Foe pra*ctk dsprtnkrers Srmswa Fire pliftc on S16,5T2.0D rough and filch EAectaical Lorenzo S26 a%.06 TOW PtwmUrrcj,llechut" and EIWWk $T4.M.00 BLULDERS FIE EIPRVVK EM1F TAX AND LABILITY WSUUNCIE Ec4donJAZ DDH wW Aegn Iso 11".10 0.00 TOTAL OF EXPENSES foR agvowwomf eimR IMPROVEMENTS 37T6,sT1.W ILL- Sunstaie Fre protectian 327,682.00 Fire ptotecLbrdspdh1dern FlaL al upgrades Loleni0 S13,20.00 Purdwm and instgabon of Fire doors with push escape Cars Fontaine C f%snruman 51 D,000.M TOTAL EXPENSES FOR YOUTH THEATER IMPROVEMENTS S508 '00 RE=DEL EYPEMES IN 2008 Pato Repaving 5F.W0.00 extaLrcr of 6uddings and dmrs painted 36,000M Fxdem Lighting upgrade9 521,925.00 TOTAL E7CPBIt"ES FOR MA .'OR MMW ENANCE BIMPROVEARENTS $79,724.00 REG IT.AR KV NTENS.NCE 6 REPAIR PERFOAMM BY FHT L -e piQii`C. on •^qxdzr5-A ainl:nCa:'ner rrmirT.txlerrm mr,ce rrnre ;n 1 Fra masfe-, $I0 M-00 AC Madr4w4 :e,mma repairs, d;z2 wade sire move in 1995 Drm muntAir Care 56,400,DO Pest Ca Mol and Bee remorai aver r in 1435 Mtu16pI8 vendorS S7,890.00 Re4iAw CSearrkrg,Hasdp man mparmCsrpet clNong etc snce moveiry 1995 MOltoe vendors MOX -00 TOTAL ESTYWTEO 04PENSES FOR REGULAR LIPIUMP AM MALN- ENAMCE S1211,200.09 TOTAL EXPEJd3FS INCt_IRRED FOR I1IRROVEMEM BADE f1}F«E 190 SMA82.67SM' TOWN OF FOUNTAIN HILLS z n TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 111912017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Mark C. Mayer - mmayer@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of Ratifying the Town Manager's emergency procurement related to repairs to the Fountain Lake aeration system and authorize the Town Manager to execute a contract and related services not to exceed $203,000 related to the repairs. Applicant: NIA Applicant Contact Information: NIA Owner: NIA Owner Contact Information: NIA !Property Location: NIA Related Ordinance, Policy or Guiding Principle: Town's Procurement Policy Staff Summary (background): Staff has been researching a means by which the process of purchasing and installing an upgraded replacement of the existing aeration system in Fountain Park lake could be expedited. Under the existing Procurement Code there is a provision that allows, in an emergency situation, the ability to waive the normal procurement process for an expedited one. This allows the Town Manager and staff to direct select a contractor to compete the needed work if there is an emergency that in this situation puts a Town resource, the lake, in danger due to odors caused by algae. Utilizing the existing specifications for the aerators, developed by the Town's consultant for the lake's water quality, Dr. Rick Amalfi., proposals to supply and install the needed aeration equipment were solicitied, reviewed, rated, and a contract for a vendor initiated. Two potential contractors were recommended by Dr. Amalfi as being most capable of completing a job of this nature and size. Both were contacted, visited the site, and submitted proposals to do the work. This expedited schedule will allow the work to be competed much more quickly than the traditional bid and award process. (Ince the contract is issued the contractor has indicated that the work would be completed in under eight weeks. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): In the current CIP budget there remains $203,000 available for this project Budget Reference (page number): Budget 2016-17 CIP - pages 352 and 353 Funding Source: NA If Multiple Funds utilized, list here: CIP Page 1 of 2 Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff is recommending approval List Attachment(s): SUGGESTED MOTION (for Council use): Move to Approve the ratification of the Town Manager's emergency procurement related to repairs to the Fountain Lake aeration system and authorize the Town Manager to execute a contract and related services not to exceed $203,000 related to repairs to the aeration system. Prepared by: D�rre`ctoor's Approval: J1 Mark Mayer, Community Sernces Dsect 1/10J2I117 AP roved: Grady E. Miller, T wn anager 1/11/2017 Page 2 of2 Issue 1 - January 13, 2017 Legislative Overview On Monday, January 9, the first regular session of Arizona's 53rd Legislature convened. Many mayors, council members and municipal staff attended the Opening Day ceremonies. Governor Doug Ducey delivered the annual State of the State Address. You can find his speech here. Governor Ducey unveiled his budget today, and we have done a preliminary review of the documents. The Governor's budget continues the practice of sweeping the Highway User Revenue Fund (HURF). The amount of the sweep remains unchanged from last fiscal year, approximately $96 million shared among municipalities, counties and the State Highway Fund. Unlike last year, when the cities and towns received $14.4 million in onetime monies, there is no similar offset this year in the budget. The statutory funding for the Department of Revenue provided by cities and counties was not addressed in the Governor's budget. Therefore, we anticipate that this requirement will remain in place. The Governor's budget also proposes to use state TPT revenues paid by the three state universities to fund bonding for deferred maintenance as well as general operating expenditures. The proposal for general operating expenditures includes the existing shared revenue portion of state TPT. The following is the explanation of this proposal included in the Governor's budget documents: The aforementioned $1 billion ongoing investment will be supported by redirecting transaction privilege tax (TPT) revenues paid by the universities, which includes an estimated $30.3 million State component and $6.5 million State shared component. The Executive recommends that the $30.3 million State component be used for capital investments, including R&D infrastructure and deferred maintenance projects This ongoing State component, in addition to a university match, will enable universities to bond for approximately $1 billion over 30 years and make substantial investments in R&D infrastructure and deferred maintenance. TPT growth related to the State component is capped at 2 % annually for capital investments Any TPT revenue growth above 2% annual growth will be provided to universities forgeneral operating expenditures In addition to the estimated to the $30.3 million State component, the approximate $6.5 million State -shared component, and all related future TPT revenue growth, will be made available to the universities for general operating expenditures, including resident student costs We have serious concerns about this proposal since it compounds the trend of shifting responsibility for funding state services to local governments. The Governor's budget included a small income tax reduction. It would index the personal exemption for individual income taxes, reducing state revenues by approximately $3 million per year. If any additional tax reduction proposals are made, we will keep you informed. Here is a link to the Governor's proposal. HB 2011 HB 2011 was heard Wednesday morning in the House Ways and Means Committee. Current statute requires a city or town to annually levy a tax on all taxable property within its jurisdiction to pay the annual principal and interest on any issued bonds. The annual levy may not exceed the net amount necessary to make the annual payments of principal and interest, projected payments of principal and interest on new debt planned for the ensuing year, a reasonable delinquency factor, including an amount necessary to correct prior year errors in the levy and any expenses and fees necessary to comply with federal income tax laws. H2011 amends the statute to also require that, after principal and interest have been paid and other requirements listed have been met for the current tax year, that next year's tax levy must be net of any remaining cash from the prior year's levy. The League expressed several concerns related to how the net of cash policy might create significant rate fluctuations and possible issues with bond ratings. The bill passed out of committee by a vote of 6-2. Session Deadlines On Monday, January 9, the first regular session of Arizona's 53rd Legislature convened. Many mayors, council members and municipal staff attended the Opening Day ceremonies. Governor Doug Every session has deadlines pertaining to bill submissions and hearings. These are established by rule and are subject to change. This year, the schedule is as follows: January 2017 Monday, the 9th - First day of session Thursday, the 12th - House 7 -bill Introduction Limit Begins (5 p.m.) Monday, the 30th - Senate Bill Introduction Deadline (5 p.m.) February 2017 Monday, the 6th - House Bill Introduction Deadline (5 p.m.) Friday, the 17th - Last day to hear bills in the chamber of origin March 2017 Friday, the 24th - Last day to hear bills in the opposing chamber April 2017 Tuesday, the 18th - 100th Day of Session Monday Legislative Update Calls The League will continue to host a weekly teleconference to report on the status and impact of various legislative bills in the 2017 session. The calls are scheduled for Monday mornings promptly at 10:00 a.m. However, because of the Martin Luther King, Jr. holiday, next week's call will be held at 10:00 a.m. on Tuesday, January 17. Mayors, managers and other city or town officials and staff who are interested in legislative activities are invited to participate. Call-in numbers and a brief agenda will be sent out prior to the calls. If you would like to receive the Monday agendas, please contact league@azleague.org and request to be added to the distribution list for the Monday teleconference. Legislative Bulletin The League will electronically distribute the Legislative Bulletin every Friday during the legislative session. The Bulletin serves as a way for the League to communicate to elected officials, staff and other interested parties about activities at the Legislature that are relevant to cities and towns. If you know of any municipal official or staff member that would like to subscribe to the Bulletin please have them send their name and email to league@azleague.org and request to be added to the Legislative Bulletin distribution list. As in the last few years, the Bulletin will highlight the top half-dozen or so topics and bills. Other legislation that the League is actively engaged on will still be monitored and updated; however, that information will be available on our Legislative Bill Monitoring page on the League website. The Bulletin will link to the legislation that has been updated in our Legislative Bill Monitoring Section. This format should make it more convenient for you to keep up to date on the latest legislative activities, while still providing a resource for more detailed information. Legislative Intern The League is pleased to welcome Emily Webb as our APS Legislative Intern for the 2017 session. Emily's background is in business and human resources at the Green Bay Packers, Inc. Currently, Emily is a Senior at Arizona State University and will be receiving her bachelor's degree in Interdisciplinary Studies with a focus in Organizational Leadership and Business in May of 2017. Emily will be assisting the League's legislative staff for the duration of the Spring 2017 semester. Your Voice The 2017 edition of Your Voice at the Capitol, our listing of state senators and representatives, is available here. Please use this document to access your delegation. Early contact with your legislators is strongly recommended in order to establish a relationship with the elected officials representing your district. Maintaining good communications with your legislators provides them with valuable insight as to how proposed legislation may affect their communities. Additionally, you can contact our legislative division at (602) 258-5786 or email using the information below: Patrice Kraus, Legislative Director: pkraus@azleague.org Tom Savage, Legislative Associate: tsavage@azleague.org Alex Vidal, Legislative Associate: avidal@azleague.org Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB2011: bonds; levy; net of cash Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org.