No preview available
HomeMy WebLinkAbout170406P�t oINS �n . -���QwJ i. Zell! Q-r,1141t REVISED: 4/4/17 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 5:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, APRIL 6, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2017\rl70406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page l of 5 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body (Specifically, regarding a code enforcement matter). 2. ADJOURNMENT. REGULAR AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) ROTATION OF THE VICE MAYOR position to Councilmember Alan Magazine: Pursuant to Section 2-2-2 of the Fountain Hills Town Code, that each member of the Council, except the Mayor, shall serve an eight-month term as Vice Mayor and shall perform the duties of the Mayor during his absence or disability. ii) The Mayor will read a PROCLAMATION declaring Fountain Hills as a Purple Heart Town. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) Recognition of Coach Matt Keating and the Fountain Hills High School 3A Boys State Basketball Champions. iii) Recognition of the 2017 Fountain Hills Coalition Essay Contest Winners: Noah Ohnsorg (1 st Place), Mikayla Anderson (2nd Place), and Laura Anderson (3rd Place). CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. z:\council packets\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 2 of 5 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 27, 2017; March 2 and 7, 2017. 2. CONSIDERATION of RESOLUTION 2017-10, granting a Power Distribution Easement to Salt River Project Agricultural and Power District on the Town Hall property, and authorizing its signature by staff. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Christine Colley, representing the Fountain Events Inc., for the purpose of the annual Oktoberfest fund raiser event, to be held at 12925 N. Saguaro Boulevard, scheduled to be held on Friday, September 29, 2017, and Saturday, September 30, 2017, from 5:00 PM to 11:00 PM. 4. CONSIDERATION of AMENDING the Fountain Hills Theater (Patricia Torrilhon) Special Event Liquor License application previously approved by the Town Council on December 15, 2016, for the promotion a fundraiser event to be held at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, by changing the time of the fundraiser to 10 AM to 11 PM, Sunday, April 30, 2017, and authorizing the Town Manager to send a letter to the Arizona Department of Liquor confirming the time change. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Women in Partnership (Sharon Morgan), for the Fountain Hills Chamber Gala event, to be held in the Grand Ballroom and lobby of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 5:OOPM to 10:00 PM on Friday, May 5, 2017. 6. CONSIDERATION of applying for PROP 202 GRANT FUNDING from (i) the Fort McDowell Yavapai Nation, in the amount of $10,000, (ii) the Salt River Pima Indian Community, in the amount of $45,000.00, and (iii) PROP 302 GRANT FUNDING from the Arizona Office of Tourism (AOT), in the amount of $40,000.00, for the Tourism Fund (TOURAD), which is to be used for additional tourism marketing. 7. CONSIDERATION of approving a CONTRACT with the Law Office of Mark Iacovino, in the amount of $105,000, to provide Town Prosecutor services on behalf of the Town of Fountain Hills. 8. CONSIDERATION of approving the first amendment to a Professional Services Agreement (#C2017-007) with J2 Engineering, in the amount of $18,433, for the purpose of creating addendum documents for the initial phase of the Adero Canyon Trailhead Project for interim utilities and authorizing the Town Manager to sign the agreement.. z:\council packets\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 3 of 5 REGULAR AGENDA 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY DESIGNATION APPLICATION. 10. PUBLIC HEARING pursuant to Zoning Ordinance Section 12.03.F to receive comments on a proposed SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". 11. CONSIDERATION of a SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". 12. PUBLIC HEARING pursuant to Zoning Ordinance Section 12.05.J and 12.05.K, to receive comments on a proposed SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. 13. CONSIDERATION of a SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. 14. PUBLIC HEARING on ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. 15. CONSIDERATION of ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. 16. CONSIDERATION of RESOLUTION 2017-09, adopting the Town of Fountain Hills Financial Policies, Amended and Restated April 6, 2017. 17. 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. a. League of Cities and Towns Bulletin(s) z:\council packets\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 4 of 5 18. 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. 19. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 20. ADJOURNMENT. DATED this 29th day of March, 2017. 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\rl70406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 5 of 5 �t oINS �n . -���QwJ i. Zell! Q-r,1141t REVISED: 4/4/17 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 5:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, APRIL 6, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2017\rl70406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page l of 5 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body (Specifically, regarding a code enforcement matter). 2. ADJOURNMENT. REGULAR AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) ROTATION OF THE VICE MAYOR position to Councilmember Alan Magazine: Pursuant to Section 2-2-2 of the Fountain Hills Town Code, that each member of the Council, except the Mayor, shall serve an eight-month term as Vice Mayor and shall perform the duties of the Mayor during his absence or disability. ii) The Mayor will read a PROCLAMATION declaring Fountain Hills as a Purple Heart Town. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) Recognition of Coach Matt Keating and the Fountain Hills High School 3A Boys State Basketball Champions. iii) Recognition of the 2017 Fountain Hills Coalition Essay Contest Winners: Noah Ohnsorg (1 st Place), Mikayla Anderson (2nd Place), and Laura Anderson (3rd Place). CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. z:\council packets\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 2 of 5 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 27, 2017; March 2 and 7, 2017. 2. CONSIDERATION of RESOLUTION 2017-10, granting a Power Distribution Easement to Salt River Project Agricultural and Power District on the Town Hall property, and authorizing its signature by staff. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Christine Colley, representing the Fountain Events Inc., for the purpose of the annual Oktoberfest fund raiser event, to be held at 12925 N. Saguaro Boulevard, scheduled to be held on Friday, September 29, 2017, and Saturday, September 30, 2017, from 5:00 PM to 11:00 PM. 4. CONSIDERATION of AMENDING the Fountain Hills Theater (Patricia Torrilhon) Special Event Liquor License application previously approved by the Town Council on December 15, 2016, for the promotion a fundraiser event to be held at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, by changing the time of the fundraiser to 10 AM to 11 PM, Sunday, April 30, 2017, and authorizing the Town Manager to send a letter to the Arizona Department of Liquor confirming the time change. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Women in Partnership (Sharon Morgan), for the Fountain Hills Chamber Gala event, to be held in the Grand Ballroom and lobby of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 5:OOPM to 10:00 PM on Friday, May 5, 2017. 6. CONSIDERATION of applying for PROP 202 GRANT FUNDING from (i) the Fort McDowell Yavapai Nation, in the amount of $10,000, (ii) the Salt River Pima Indian Community, in the amount of $45,000.00, and (iii) PROP 302 GRANT FUNDING from the Arizona Office of Tourism (AOT), in the amount of $40,000.00, for the Tourism Fund (TOURAD), which is to be used for additional tourism marketing. 7. CONSIDERATION of approving a CONTRACT with the Law Office of Mark Iacovino, in the amount of $105,000, to provide Town Prosecutor services on behalf of the Town of Fountain Hills. 8. CONSIDERATION of approving the first amendment to a Professional Services Agreement (#C2017-007) with J2 Engineering, in the amount of $18,433, for the purpose of creating addendum documents for the initial phase of the Adero Canyon Trailhead Project for interim utilities and authorizing the Town Manager to sign the agreement.. z:\council packets\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 3 of 5 REGULAR AGENDA 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY DESIGNATION APPLICATION. 10. PUBLIC HEARING pursuant to Zoning Ordinance Section 12.03.F to receive comments on a proposed SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". 11. CONSIDERATION of a SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". 12. PUBLIC HEARING pursuant to Zoning Ordinance Section 12.05.J and 12.05.K, to receive comments on a proposed SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. 13. CONSIDERATION of a SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. 14. PUBLIC HEARING on ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. 15. CONSIDERATION of ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. 16. CONSIDERATION of RESOLUTION 2017-09, adopting the Town of Fountain Hills Financial Policies, Amended and Restated April 6, 2017. 17. 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. a. League of Cities and Towns Bulletin(s) z:\council packets\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 4 of 5 18. 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. 19. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 20. ADJOURNMENT. DATED this 29th day of March, 2017. 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\rl70406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 5 of 5 TOWN OF FOUNTAIN HILLS PROCLAMATION WHEREAS, the residents of the Town of Fountain Hills have great admiration and the utmost gratitude for all the men and women who have selflessly served their country and this community in the Armed Forces; and WHEREAS, the Town of Fountain Hills has always supported its military veteran population; and WHEREAS, the Purple Heart was the first American service award or decoration made available to the common soldier and is specifically awarded to members of the United States Armed Forces who have been wounded or paid the ultimate sacrifice in combat with a declared enemy of the United States of America; and WHEREAS, the mission of the Military Order of the Purple Heart is to foster an environment of goodwill among the combat -wounded veteran members and their families, promote patriotism, support legislative initiatives, and most importantly, to never forget; and WHEREAS, the Town of Fountain Hills has a large, highly decorated veteran population with four active veteran organizations: Marine Corps League Detachment 1439, American Legion Post 58, AMV ETS Post 7, and VFW Post 7507; including many Purple Heart recipients; and WHEREAS, the Town of Fountain Hills appreciates the sacrifices our Purple Heart recipients made in defending our freedoms and believes it is important that we acknowledge them for their courage and show them the honor and support they have earned; NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim the Town of Fountain Hills a PURPLE HEART TOWN and encourage our citizens to continue to show their appreciation for the sacrifices the Purple Heart recipients have made in defending our freedoms, to acknowledge their courage, and show them the honor and support they have eamed. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona this 6" day of April, 2017. ¢oJNTAIN nda�na , Mayor 8 Attest: ¢ i / QVz ! ,l6h XLLL(/il �� '�reor A `� o• Bevelyn J. Ben r, ToA Clerk Meeting Date: 41612017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL. (Agenda Language): CONSIDERATION of approving the TOWN COLTNCIL MEETING MINUTES froyn February 27; and March 2 and 7, 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: &At&r9A� Bevelyn Bender, Town Clerk 0-712017 Approved: Grady E. Mil To Manager 312812017 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 4/6/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; rharrel@fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2017-10, granting a Power Distribution Easement to Salt River Project Agricultural and Power District on the Town Hall property, and authorizating its signature by Staff. Applicant: Salt River Project/ Land Dept./ PAB348 Applicant Contact Information: P.O.Box 52025; Phoenix, AZ 85072-2025 Owner: Town of Fountain Hills Owner Contact Information: -- Property Location: East of existing Town Hall parking lot Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): As a part of the Park Place project, Salt River Project (SRP) needs to construct a switch cabinet box to be able to readily shut down power during and following this project's site construction. SRP's design has placed this switch cabinet within a proposed island in their proposed parking lot. This parking lot is to be constructed by Park Place on existing Town -owned property east of the existing Town Hall (where an existing detention basin is currently located). So, SRP has prepared the needed easement document for execution by the Town, for this switch cabinet and its connection line. As shown in Exhibit A to the proposed Power Distribution Easement (attached), the proposed easement is 13' long x 8' wide. Park Place has modified their parking lot plans (copy attached) to be able to place this proposed switch cabinet within a parking lot island, with adequate clearances to vehicular parking spaces and to the proposed vehicular drive aisle. SRP has advised Town operational Staff that installation of this switch box will require a 2-4 week outage of lighting and receptacles along the south side of Avenue of the Fountains, east of La Montana. Risk Analysis (options or alternatives with implications): Low. Similar to other previous SRP easements on this property, but for a much shorter electrical line length. Fiscal Impact (initial and ongoing costs; budget status): None. Budget Reference (page number): N/A Funding Source: NA Pese 1 mz If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of this Power Distribution Easement to Salt River Project List Attachment(s): Vicinity Map; Aerial Site Plan (showing the proposed easement location); Power Distribution Easement (SRP Job #T2170949/IJ65009) with Exhibit A maps; SRP Construction Plan (reduced Map #T2170949, annotated); Park Place Phase 1, Grading and Drainage Plan, Sheet C3 (annotated) SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2017-10, granting a Power Distribution Easement to Salt River Project Agricultural Improvement and Power District, on the Town Hall property, and authorizing its signature by Staff. preps ft, I /7V anya , ow Engineer Director's Ap val: w ^ Psgc 2 oft TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP t s ACSy TOWN BOUNDARY McDO W ELL MOUNTAIN PARK hill :�, ��� litI JP , woEe,Vo; SCOTTSDALE �x TOWN HALL mh��F PROPOSED - J " POWER DISTRIBUTION o EASEMENT z EAST OF EXISTING SCOTTSDALE I � 1\. -- z s \ TOWN HALL 1� h x PARKING LOT y 0 n II-E'J�,Ly/�Il ! �' u I l }+il T� ivllliwI 4 \II' S _____ _ S SACC RIVER PIMA MAftICOPA INDIAN COMMUNITY.e NORTH SCALE : ]" = 3500' v O�TALV� n a f F I�0 DEVELOPMENT SERVICES AERIAL PHOTO MAP EAST OF DG9NG TOM NAll PARKING LOT 16705 E AVENUE OF THE FOUNTNNS HALL e FOUNTq�IyS LEGEND; PROPOSED 13'X8' \ LOTUNE POWER DISTRIBUTION Row SEMe EASEMENT FLOODPLAIN ql 0 SUBJECT SITE / Q PARK PLACE Q ,e s PARK PLACE COMMUNITY` CENTER v PARKPLACE LIBRARY N MORNING STAR 11E S 0 100 400' -r AAI MU: I' = 200' - - �1 AERIAL NGHT DATE: 10/15 MAINLINE 4 N PAD LOCATTON DETAIL POINT PROPOSED POWER DISTRIBUTION EASEMENT LOCATION 4 Mid-, -om —,a t"!VATE PAL j AI IU DETAIL �0 10 EWT 0hoU bT —.d 126'2061-CMlQA(T*N leg PI ICr AW vo if r-- - I stltcw cr-'s-ol C—is-of cr-o-oi map'—_ M3 I � CONTACTS: 11 CW111WASEb Now, w?, sw6 ca"I" ZALUNuf PA PLACE - L JFMOW rt RA Ll rr � F iAj y - r m Cp mca \1 R t fsit- Rill)I V — -- - .......... — — — — — om mm®.......o©®®a o ; Pa PPSgfiP 4°.PP mPA�a"PP PA1P PB§1= 1141 M. PDA PIP �PNpsq 3s ?SID` fivk " E • a E ax. ' �^ $° $ a ?!' s $ i a a E a.P all, ` �6e65.`ei$ 41 _f�E $$$ 9 z3@� RESOLUTION 2017-10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, GRANTING A POWER DISTRIBUTION EASEMENT TO SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. A power distribution easement is hereby granted to Salt River Project Agricultural Improvement and Power District through, over, under and across certain real property, generally located east of La Montana Drive, south of Avenue of the Fountains, in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execution all documents and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, April 6, 2017. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2932870.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2017-10 [Power Distribution Easement] See following pages. 2932870.1 WHEN RECORDED MAIL TO: SALT RIVER PROJECT Land Department/PAB348 P. O. Box 52025 Phoenix, Arizona 85072-2025 EXEMPT PURSUANT TO A.R.S. §§ 11-1134(A)(2) and (A)(3) POWER DISTRIBUTION EASEMENT Maricopa County Agt. dh Parcel # 176-05-045A Job # T2170949/LJ65009 SEU4, Sec. 15, T3N, R6E WA4— C TSS z /7 THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable consideration, receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey to SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, hereinafter called Grantee, and Grantee's employees, contractors, licensees, invitees, successors and assigns, a non- exclusive easement to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical conduits and conductors, pipes, cables, switching equipment, transformers, pad - mounted equipment, enclosures, manholes, vaults, and all other appliances, appurtenances and fixtures (collectively, "Facilities") for the transmission and distribution of electricity, communication signals and data, and for all other purposes connected therewith at such locations and elevations, in, upon, over, under, across, through and along the Easement Parcel (defined below), as Grantee may now or hereafter deem convenient or necessary from time to time, together with the right of access to and from the Easement Parcel, over, across, through and along Grantor's Property (defined below) (collectively, the `Basement'). Grantee is hereby authorized to permit others to use the Easement for additional Facilities jointly with or separately from the Grantee for their purposes. The lands in, upon, over, under, across, through and along which the Easement is granted are situated in the County of Maricopa, State of Arizona, and are more particularly described as: Grantor's Property: A portion of the Southeast quarter of Section 15, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described in that certain Special Warranty Deed, recorded in Instrument Number 1997-0300068, records of Maricopa County, Arizona. Easement Parcel: See Exhibit "A" attached hereto and by its reference made a part hereof, CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical equipment. Notice is hereby given that the location of underground electrical conductors or facilities must be verified as required by Arizona Revised Statutes, Section 40-360.21, et seq., Arizona Blue Stake Law, prior to any excavation. The Easement is governed by the following terms and conditions: 1. Modification of Easement Parcel. Grantor acknowledges that field conditions may result in the Facilities being installed within Grantor's Property in a location that is not within the Easement Parcel. Grantee shall obtain Grantor's prior written consent to any construction or installation of all or any portion of the Facilities outside of the Easement Parcel. After the completion of any construction or installation outside of the Easement Parcel and receipt of Grantor's written consent, Grantor and Grantee shall execute, and cause the recordation of an amendment to this Easement, modifying the legal description of the Easement Parcel to reflect the actual location of the Facilities, and such revised legal description shall have the same force and effect, and create the same priority of interest, as if recorded concurrently with this instrument. Grantor agrees that its signature on the above-described amendment constitutes its written consent hereunder. 2. Prohibited Activities. Grantor shall not construct, install or place, or permit to be constructed, installed or placed, any building or other structure, plant any trees, drill any wells, store materials of any kind, or alter the ground level, within the Easement Parcel. This paragraph 2 does not probit the use of the Easement Parcel for such purposes as landscaping (except trees), paved parking, sidewalks and/or driveways, provided that such use is otherwise in accordance with the terms of this Easement, and does not interfere with the efficient operation and maintenance of the Facilities, including access thereto. Further, Grantor may request Grantee's prior written approval to grade or install improvements ("Work") within the Easement Parcel by submitting all construction, grading, or other development plans, as applicable, describing the proposed Work, Grantee may grant or deny such approval through the exercise of Grantee's sole discretion, provided that Grantee's review and right to approve shall be limited to whether the proposed Work conflicts with the existing Facilities, including access thereto. Any such approval is hereby subject to Grantor complying with all other provisions of this Easement. 3. Clear Areas. Grantor shall maintain a clear area that extends 3.00 feet from and around all edges of all transformer pads and other equipment pads, and a clear area that extends 12.00 feet immediately in front of all transformer and other equipment openings ("Clear Areas"). No improvements, fixtures, trees, shrubs, or other obstructions shall be placed within the Clear Areas. Grantee shall have the right (but not the obligation) to remove any obstructions within the Clear Areas. 4. Additional Grantee Rights. Grantee shall have the right (but not the obligation) to him, cut and clear away trees, brush or other vegetation on, or which encroaches into, the Easement Parcel or the Clear Areas, whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. Grantee shall further have the right to install, maintain and use gates in all fences or walls which now cross or hereafter cross the Easement Parcel. 5. Perpetual Nature of Easement. The Easement, and Grantee's rights hereunder, shall be perpetual, and shall not terminate until, and unless abandoned through the recordation of a document formally abandoning the Easement, which references this instrument and is executed and acknowledged by Grantee. Upon such recordation, all Grantee's rights hereunder shall cease, except the right to remove any and all property placed upon the Easement Parcel within a reasonable time subsequent to such abandonment. 6. Successors and Assigns. The benefits and burdens, and the covenants and agreements herein set forth shall run with and burden the land and shall extend and inure in favor and to the benefit of, and shall be binding on Grantor and Grantee and their successors and assigns. 7. Rights and Remedies Cumulative. The rights and remedies hereunder are cumulative, and the exercise of any one or more of such rights or remedies shall not preclude the exercise, at the same or different times, of any other right or remedy available. 8. Warranty of Title. Grantor represents and warrants that: (i) fee simple title to the Grantor's Property and Easement Parcel is vested in Grantor, and (ii) Grantor has full power and authority to grant the Easement and to perform its obligations under this document. 9. Authority to Bind Grantor. The individual executing this document represents and warrants: (i) that he or she is authorized to do so on behalf of Grantor, and (ii) that he or she has full legal power and authority to bind Grantor in accordance with the terms herein and, if necessary, has obtained all required consents or delegations of such power and authority (whether from any partner, owner, spouse, shareholder, director, member, manager, creditor, investor, developer, governmental authority, judicial or administrative body, association, or other person or entity). The individual executing this document shall indemnify, defend and hold harmless Grantee for, from and against any and all losses, costs, expenses, liabilities, claims, demands, and actions of any kind or nature, including court costs and attorneys' fees, arising or accruing as a result of the falsity of any of his or her representations and warranties contained in this paragraph 9. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, has caused its name to be executed by its duly authorized representative(s), this day of , 2017. THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By Its By Its STATE OF ARIZONA ss COUNTY OF MARICOPA The foregoing instrument was acknowledged before me this day of 2017 by and as and respectively, of THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of such municipal corporation. Notary Public My Commission Expires: Notary Stamp/Seal Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1132 and 11-1133 pursuant to the exemptions set forth in A.R.S. Sections 11- 1134(A)(2) and (A)(3). Legal Approved Form_7-1-2014 mcm EXHIBIT "A" THUNDERBIRD ROAD (ALIGNMENT) LEGEND � I I z zISECTION AND CENTERLINE PROPERTY LINE CENTERLINE OF 8' EASEMENT VD.,SECTION CORNER AS NOTED EQUIPMENT PAD - 8.00'x 8.00' �L C) UNLESS OTHERWISE NOTED ) ARE PART OF THE EASEMENT CACTUS ROAD (ALIGNMENT VICINITY MAP (NTS) I _� T3N R6E 11�" G&SRM L s V 1CA'E'It{4q��'a ABBREVIATION TABLE t±. 48253 ''D KATIE APN ASSESSOR'S PARCEL NUMBER GOREwAM �`• �1' LVI LATEST VISUAL INSPECTION MCR MARICOPA COUNTY RECORDER NTS NOT TO SCALE ONA. U. GLO GENERAL LAND OFFICE (M) MEASURED REGISTRATION EXPIRES: 09-30-17 UNDERGROUND ELECTRIC POWER LINE RIGHT-OF-WAY MARICOPA COUNTY, ARIZONA CAUTION THE EASEMENT LOCATION AS HEREON DELINEATED MAY CONTAIN HIGH VOLTAGE ELECTRICAL EQUIPMENT, NOTICE IS HEREBY GIVEN THAT THE LOCATION OF UNDERGROUND ELECTRICAL CONDUCTORS OR FACILITIES MUST BE VERIFIED AS REQUIRED BY ARIZONA REVISED STATUTES, SECTION 40-380.21, ET. SEO., ARIZONA BLUE STAKE LAW, PRIOR TO ANY EXCAVATION. NOTES THIS EXHIBIT IS INTENDED TO ACCOMPANY AN EASEMENT. ALL ALL ELECTRIC LINES SHOWN ARE MEASURED PARCELS SHOWN WERE PLOTTED FROM RECORD INFORMATION, AND TO THE WINDOW OF THE EQUIPMENT PAD NO ATTEMPT HAS BEEN MADE TO VERIFY THE LOCATION OF ANY BOUNDARIES SHOWN. THIS IS NOT AN ARIZONA BOUNDARY SURVEY. UNLESS OTHERWISE NOTED. SALT RIVER PROJECT gip°°ate SURVEY DIVISION AGRICULTURAL IMPROVEMENT & POWER DISTRICT dLU' LAND DEPARTMENT SRP JOB NUMBER: 16 -0567 -NC SCALE: NTS PARK PLACE - RELOCATE SE 1/4, SECTION 15 T.3 N..R.6 E. 33 15/16 EAST -15 7/16 NORTH AMP W/O NUMBER: T2170949 SHEET: 1 OF 3 AGENT:D HANDKE JE52-16-17 SHEET SIZE: B.5"x11" DRAWN: MIKE POLLOCK REVISION: 0 CHECKED BY: CoiTCHAM CREW CHIEF: K GENTNER DATE: 02-14-17 FIELD DATE: 01-10-17 EXHIBIT //A// 0 l a�FN� f of ry l f �ouNrA/NS NORTH / � �•� GLO CAP SW COR SEC 18 T3N R7E LV[ 12-02-16 \ S20038'08"W 169.00'-- rIF\ y BASIS OF BEARING / GLO CAP j SW COR SEC 13 T3RE o� LVI5614-08 z� z/ �/ APN 176-05-045A TOWN OF FOUNTAIN HILLS MCR 1997-0300068 / / / POINT OF BEGINNING P-0903 � o o, F( /Aco DRI - LINE TABLE LINE BEARING DISTANCE L1 N69021'52"W 13.00' L2 N64039'18"W 6445.50' L3 N89051'58"E 5275.33' SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT & POWER DISTRICT NUMBER: 16 -0567 -NC SCALE: NTS AMP W/O NUMBER: T2170949 SHEET: 2 OF 3 AGENT:D HANDKE 72S 2•16.17 SHEET SIZE: 8.5"x11" DRAWN: MIKE POLLOCK REVISION: 0 CHECKED BY: CREW CHIEF: K GENTNEI DATE: 02-14-17 FIELD DATE: 01-10-17 o°°ao SURVEY DIVISION L'3= LAND DEPARTMENT PARK PLACE - RELOCATE SE 1/4, SECTION 15 T.3 N.9R.6 E. 33 15/16 EAST -15 7/16 NORTH AN EASEMENT, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 6 EAST, BEING A GLO CAP, FROM WHICH THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 7 EAST, BEING A GLO CAP, BEARS NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 5275.33 FEET (BASIS OF BEARING); THENCE NORTH 64 DEGREES 39 MINUTES 18 SECONDS WEST, A DISTANCE OF 6445.50 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN THAT SPECIAL WARRANTY DEED PER DOCUMENT 1997-0300068 MARICOPA COUNTY RECORDER (M.C.R.); THENCE SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, A DISTANCE OF 169.00 FEET ALONG SAID PARCEL TO THE POINT OF BEGINNING; THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, A DISTANCE OF 13.00 FEET TO A POINT IN AN EQUIPMENT PAD BEING 8.00 FEET BY 8.00 FEET AND BEING PART OF THIS EASEMENT AND THE POINT OF TERMINUS. SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT 8 POWER DISTRICT SRP JOB NUMBER: 16 -0567 -NC SCALE: NTS AGENT:D HANDKE -jTS 2 •!6•/ 7 SHEET SIZE: 8.5"x11" DRAWN: MIKE POLLOCK REVISION: 0 CHECKED BY: 60REI-fA m CREW CHIEF: K GENTNE DATE: 02-14-17 FIELD DATE: 01-10-17 o°°eRo SURVEY DIVISION c9Lgl� LAND DEPARTMENT PARK PLACE - RELOCATE SE 1/49 SECTION 15 T.3 N.+R.6 E. 33 15/16 EAST -15 7/16 NORTH r�e TOWN OF FOUNTAIN HILLS x 4� TOWN COUNCIL Meeting [late: 41612017 AGENDA ACTION FORM 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 submitted by Christine Colley, representing the Fountain Events Inc., for the purpose of the annual Oktoberfest fund raiser event, to be held at 12925 N. Saguaro Boulevard, scheduled to be held on Friday, September 29, 2017, and Saturday, September 30, 2017, from 5:00 PM to 11:00 PM Applicant: Christine Colley Applicant Contact Information: 480-235-7134 E. Primrose Dr, Fountain Hills, AZ Owner: Same Owner Contact Information: Same Property Location: 12925 N. Saguaro Blvd., Fountain Hills, AZ, Maricopa County, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Christine Colley representing Fountain Events, Inc. 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 Recommendations) by Board(s) or Commission(s): N/A 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 ac ae o eveaucn Supervisor MO Director's Approval; Mark NTaye�mu5 ernces area 37387I5l7 Ap d: i Grady E. Miller, To Ma ger 32M 17 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 3/13/2017 • Streets Division N/A Building Safety • Fire Department • Building Division Community Services Rachael Goodwin • Community Services • Development Services Bob Rodgers • Law Enforcement Fire Department • Licensing FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Licensing Sonia Kukkola 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: Fountain Events, Inc. Applicant: Christine Colley Date(s) of Event: September 29-30, 2017 at Fountain Park, 12925 N. Saguaro Blvd. , in conjunction with Oktoberfest. Date Application Received: 03/08/2017 Town Council Agenda Date: 4/6/2017 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety N/A X Community Services Rachael Goodwin X Development Services Bob Rodgers Fire Department Jason Payne. Law Enforcement Mark Fisher d— Licensing Sonia Kukkola X Street Department Justin Weldy c+ti Attach report for denial or any recommendation requiring stipulations. Arizona) Deipcirime ni cif Liquou Licenses] cinc Caintrcil 800 W %as]Hingicin 51h Floicul Rhoieinix, AZ 850071-2934 www.ai lic ucir.glov (602) :142-5141 AF PLIC ANON FCIF SIP BCIAL EVEIN1 LICENS9 Fee= ;12:1. 10 per c ay fon 1-10 days I cionseciuth ei] Casll Chechs or Money Crdeirs Only FOR OLIC USE ONLY Even] OdeiQs]: Event ]irrle star /enc : CSR: I icleinsa: AI service fee of $515.00 will be charged fon all dls h ciricired ah eiciNs (AI.F.SI. EI 44-!1852) INIPORIAN11INFORMAIQON:11his doeurreirt must befLlly completed oil N will bei iletullned. the Departmerit of Liquors Llcieirises uric C aritrol mt. si reicieNei chis appllciattori len (10] busiriess c aY1s Flrlon tc the ev enl. If the irleclal etverr will be hede at a loclatian wflNaui a penmanarit Ilqu or Ilclensei an ll the event will Leon any Flartiori cif a loclatian that Is not covered d y lH ei ex stirig Ilqu on license, this aripllcat on mt sl k e appnov ed by i he Ic cal gov emmenl before su bmissiori to the Departmerit cif Liquor Licleinises aric Conlral Isee Slecilori 15]. SICIUON 1 Name of Onganizatiari: Rc urliain Eve nts, Inc. SICIINON 2 Nan-Rroflf/IFI!I Ta) EAempli Number: 4 71-52713718 SICIIICIN 3 The onganizaticin 19 a: (check ane box only) 0✓ ChariiakleOFnaiennal (most have) IregLlar memberrsh ip and I^ave been in EIA11tence fort ovelr five (5) year) ❑Religious [:]Civic (RoiarA, C011eigeSlcf olar3l ip)F-lRoliiical Rary, 5allo'l Measurer oltCampaign Commitiee SECION 4 Will this everii be h erlc on a ac rrenily licenuec premi9er arid wiil-in th er already apprcrved premises?ties ✓]Na Name of Business Licerne h umbel F hone Onclude Areal Clodel S9CION 5 How is lis special eivenf going to coridl.ct all dispensing, servirig, arlc selling O'1 spin(IfLOLS liquolrs? Rlease head 4-151- 3181an a>planaticin (look in speciial ev ent planning guide) arid check aria of the fallowing bo)es. ❑Hlacie license in norl-uses ❑Dispense arlc server all spirill. aLs IigLors L rider netailen's liciernse 7Dispen9e arlc seirVei all spinif L OLS liquors L rideir special everrlt ❑Slplii premise betwelerl Special everrlt and retail laaaiion all N071 USIINGI RET/ IL LICSNSEL SIUIIMTT A LETTER OR A G HIIEMEN71 FROM THE A GENII/C WNSR CF 11HII LIC BNSIEU PREMISS TIC SIUSIREND THE LICBNSIE DURING MIB EVBNT, IF THS SIPICIAL IIVBN1 ISI ChILY USING A RORTICN OF PREMISIE, A GENWCANBR WILL NEW 110 SIUSIPShID THAII PC RTIC N C F714B FIRSM ISIS.) SICINON 6 Whal 19 the pLrposei oil chis ev eirlt? 210n -site consLmpiion E]Off-Site (auction) ❑5ol1- SICINON 7 Localian Of th a Mini: Addness of Location: Rcuntain Rab 1219251 N Sagl. aro! Blvd. Rc uniairl Hills Maricc pa 1reet orhl ccluNn SICION 8 VviII tF is bei Stacked wish a wine festival/cnafi c i9tillern feistNal? ❑Yes 21I, o AZ 81512 681 State ap S9C111CIN 9 Aliplicarlt mLsi be a memt ern of i h e qL aliNing crnganizaiion arlc auir orizeic by an Oflicen, DirelClf011 or C h airpeiisorl of the Cinganizaiion nameic in 9ecticin . (Aulhorizirig signatL ne is nergLireid in Section! 13.) Colla Christine! . Ap�llicicirii: y las Ilrst Middle Date of Birth a. Aplpliciarli's mailing address: �E Rrimnoser Dr. FOL rilain H ills AZ 89268 Sbeet city 7tate lip 3. AKlplicani's f ome/cell pf one: e- Applicant's bLsiness pil-aria: C-1) 235-713 �. Applicant's eimail ac dress: 1/1/2016 Pclgei 1 cit 4 Inc ivic uals ilecluining ADA aacorrurioc ations uclll (6051)5 2-9027. SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes QNo (Ryes,aeachexplan.Son.) 2. How many special event licenses have been Issued to this location this year? (the number cannot exceed 12 events peryear, exceptions under A.R.S. §4.203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event?❑Yes []NO (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Fountain Events, Inc. Percentage: 100 Address 17105 E La Montana Dr. #207 Fountain Hills AZ 85268 sm.t cIb store ZIP Name Percentage: Address West city Mo. UP 5. Please read A.R.S. § 4-203.02 Special event license: rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of pollee/secudty personnel and type of fencing or control barriers, M applicable.) 2 Number of Police 6 Number of Security Personnel (]Fencing ❑Barriers Explanation: Area will be enclosed by Eft chain link fencing. Entrance and exit by two gates. Anyone wishing to consume alcohol will have their ID checked and a wrist band applied. No alcohol will be served to anyone not wearing wristband. ID checks will be performed by Pro -Em personnel SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-744(15) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week Event Start License End Time AM/PM Time AM/PM 09/29/2017 Friday 5 pm 11 pm DAY 1: > Saturday 5pm 11 pm DAY 2: '?/:3o//7 q DAY 3: @QTZ.R DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Pa e2of4 3/1/2016 Individuals requiring ADA accommodations call (602)542-9027. SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or of her control measuresand security position. 3/1/2016 Page 3 of 4 Individuals requiring ADA accommodations call (692)642-9927 SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. 1,(Print Fall Name) Christine Colley declare that l am an Officer, Director or Chairperson of the or I tion filing this applyy to as listed in Section 9. 1 have read the application and the contents and all statements Xre t ect apletf:. President �/' d 480-235-7134umlmr SIgmN TMe/Postllon y­�t- aiWe I,., Pfwne Numbery� The foregoing instrument was acknowledged before me this � / r 1 ar7�A 1 -o / / 1� 1� Day Momh Year State County of CO --Q 0— My named in Section 9. M x �JIUA;O�,� l President 480-235-7134 Stahl' TIXe/Pound. Dale Phone Number�umb The foregoing instrument� was acknowledged before me this 6—l01 A B a _ _ Day Mo Year -_- PATRICIA JO TOAL .✓%���r� /J - a�mmN«dn es'. My Commission Ex) rynwlN W ANzam MNNICOPA _aaNTY Slgn We of Notary Pub& Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. Far more information, please contact your local jurisdiction: htt i// liauor.gov/assets/documents/homepaae docs/spec event Inks,odf. SECTION IS Local Governing Body Approval Section. I, recommend DAPPROVAL D DISAPPROVAL (Govemmerrt midal) (Tine) On behalf of (city,T.A county) sgmNre Dale PMrre SECTION 16 For Department of Liquor Licenses and Cahirol use only. DAPPROVAL DDISAPPROVAL BY: DATE:_/I A.R.S. Q 41-1030. S. 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 tribal goring 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 authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEB. DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT 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. 3/1/2016 Page 4 of 4 Individuals Featuring ADA accommodations call (602)542-9027. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 4/6/2017 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 of amending the Fountain Hills Theater (Patricia Torrilhon) Special Event Liquor License application, previously approved by the Town Council on December 15, 2016, for the promotion a fundmiser event to be held at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, by changing the time of the fundraiser to 10 AM to 4 PM, Sunday, April 30, 2017 and authorizing the Town Manager to send a letter to the State Liquor Board confirming the time change approval. Applicant: Patricia Torrilhon Applicant Contact Information: 480-650-4421, PO Box 18312 Fountain Hills, AZ 85268 Owner: Same Owner Contact Information: Same Property Location: 11445 N. Saguaro Blvd, Fountian Hills, Arizona Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to amend the Fountain Hills Theater Special Event Liquor License application that was approved by Council on December 15, 2016. It is requested that the event times be amended to 10 AM to 4 PM. This Special Event Liquor License Application amendment was reviewed by staff for compliance with Town ordinances and staff recommends approval of this amendment as submitted. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Application, letter of request by the Fountain Hills Theater SUGGESTED MOTION (for Council use): Move to approve the Special Event Liquor License as presented. Page 1 d 2 Prepared b iiachae oo eueation Supervisor $ 7 7 Director's Approval: ark Mayer, ommumly ery cos vrecto AA ed: Grady E. Miller, anger 3/27/201] Page2 oft Rachael Goodwin SL d jeci: RVQ : Alc& al AFIR From: Sczc Heiridersori frriailta:siczu@flhtaa.ongl Sent: Mcnesday, Maruf 22, 2CIA -ICI-3 PM 71o: Raafl ael C oodwir Cc: Ratty Tanrilf on; Sandi MCIC eie S ut jeid : Re: P laafi al P F p Racihal, Please acciapt this tenter as a raquast to ahanga the times for ow :liquar licanse far April 30th. Ouri ariiginal plan has b can changad and we nacid approval fkm 1CIam-411rr. instead aflthe ariiginal-1-10pm. Please lei mei know if you neck anM rr ane information, and thank Mou for Mour tirr a and attanlion to this rr. atter. Suau Hendersan Bolini ain Hi l is Theal eri Exeautive Diractor vuwwPubaa.orQ 6:10-751 AS 125 480-831IA66l x6 Ticket prices cavern only -1I5% of aur aperaling casts. You can help us provide richer rriaaning, deeper value, and greaieri aannacitions through our mission! Please ramenrbar BHT in Mout will, estala plan, ar banafrc:iarM dasignalion or, with your taxAcikucdibla gifI today]. Danale Now! ') �/! TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 480.816.5100/Fax:480.837.3145 March 23, 2017 To Whom It May Concern, This letter is to verify that the Town of Fountain Hills has authorized an amendment to the Special Event Liquor Application presented by Patricia Torrilhon, on behalf of the Fountain Hills Theater, for an event to be hosted at 11445 N. Saguaro Blvd, Fountains Hills, AZ. The original approval of this event was passed on December 15, 2016. On April 6, 2017 an amendment was passed to modify the event times to 10 AM to 4 PM. Respectfully, Grady E. Miller Town Manager Town of Fountain Hills J,�Tj AIN y�� cIk Meeting Date: 4/6/2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mike Fenzel, Events and Operations Supervisor, (480) 816-5116, mfenzel@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Women in Partnership (Sharon Morgan), for the Fountain Hills Chamber Gala event to be held in the Grand Ballroom and lobby of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ from 5:OOPM to 10:00 PM on Friday, May 5, 2017. Applicant: Sharon Morgan Applicant Contact Information: (480) 837-1654 Owner: N/A Owner Contact Information: N/A Property Location: Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S.§4-203.02; 4-261 and R19-1-228, R19-1-235, and R19-1-309, Community Center Operating Policy (Section 15-G). Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Sharon Morgan for submission to the Arizona Department of Liquor. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A 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): N/A Staff Recommendation(s): Approve List Attachment(s): Application Page 1 of 2 SUGGESTED MOTION (for council use): Prepared b . ,Pikeenz vents/f upervis 32]201] Director's Appro al. I/ y� 1�a kl ayer, mmum ervices DirectSr`�J/ _ 3/2]/201] Ap oved: Grady E. Miller, wn ager 312&2017 Paget oft Aiiiaona Dlepartmeril cf Liquoi licenslesl and Cenhcl 800 W Wasit ingto n 5th Ric oil Phoenix, AZ 850CI7-2934 www.aalic uc r.glov (602)542-5141 AIPPLIC AMON FOR SRECIAL IVIN1 LIC ENSIE Fee= 4121CIO Pell day fon 1-10 days (clorisecl ive; Cash ChecAs of Money Orders C Pity i ULLI. Wit Vl Eveni Date(sj: Evens tmel stclri/elf d: CSR: l celnse: A service fee of $915.00 will be charged fou all dishonorer checks (A.RAI. § 4A -6E152; IMIPIORIA N1 IN FORMIANCIN: phis documienil mil be lulls comioleled or it will be retdrned. The Deparfr emit oil Liquor Liclenises uric Control must receive this aplFlrcatlon ter MCO tusiri days ptal to the event. M the splecial eN eni will be Held at a krciat cin wtthaut a permlanenit ligL or license on ff the ev erit will be or arty port on oil a locat on that Is not covei ed by the existing liquori license, this crplpilicat'on must to applpved by the locial govecrimenit beilore submission to the Department cif Liquor Licenses and Conti al Qsee Slectlon 15;. SEC111ON 1 Name of Oilgarlizatiorl: 1Al22ffAY -Z-d Pz12e;7:ZV4,=Fe,,1kap SECTION 2 Non-ArofliAW1 lla� EAernipi Nurribeirl: , 5� ,eT� �S�®� e, SECTION 3 Tl' ei ongariizatiori is a: Qcheck orlei bogy+ arily) ❑Charitable®Fralerrial (i it have reicli, larl i embers hip aric ha%el been in existuricia ilor o%eir five (,') yeails) []Religious ❑Civ is 1IRotary, College .!1& olarii ipl) ❑Rolifical Party, Ballot Mean Ile or Camplaigri Clomrr itiee SECIIION 4 "ill tf is evens be held on a CIL n eptly licensed ppierriise arid wit hip it a cl ieady aplproved prerrisei es MNa Name of Business License Nurn i Phone Ili clude Ared Clodej SECIIION 5 How is tt is spelciial ev elrit going I ciorlc L cls all dispensing, servirld, and selling of splidiuous ligL orii Please Ileac R-1 SI- 31811or e�plana'liarl (look irl s peciial e\ elrlt planning g0cle) and ciF elcik one of tr el ilollowing boxes. ❑Alace license in non-use ❑Dispense arid serve all spirituoL s lige. om uric eli retailer's license JRClispensel arid serve all spirits OLS liqL ors L rldeil <, peiciial elvent ❑Slplii pllemise beitween special evens arid reliail location pA NOTE USIJAIG FIETAIL LICEINSIEI gILBMfA A LETTER Oil AC FIEBMBNT 11RCM THEE AGEINT)ICWINE11 Oil THB UCENSIBD FIABMISB TO SIUSIFIEND THE LIC BNSIE DURING TWB EVBNII. IFI THE SAEC IAL EVBNT ISI C NLY USING A HOATION C F PAEMISIEI A GEWT/OVNNEA WILT NEED 110 ' IL:IFMID THAM PC RTIC Al C F THE AREiMi S IE.) SEC1110N 6 "hat is We pl, npose of "Tis eveni? NOrl-siie ciarlsumipliion []Off-site) (al, ciiion) ❑Boi 1 - SECTION 7 Locatian of the) 9veni: 1-,VO&4�0 J�-� f�5 4292M id dfil17'4✓/��v44"Ev, Address of I aclaiion: �/'11--6<91mid �ij j 446Wg /¢z- eav ttreel O �Ci I law lip SECIIION 8 Will tf is It el siackeld wilF c1 wirier festival/craft disiilleli fesiivalsl ❑ti els M/ No SEC111ON 9 A ppllicant mist be a member of tr ei qualifying oligarlization and aL i horized by an Officien, Diii icm or C F airpeiison of the Orgarlizaiion nameic irl Slectior1 1. (A Lill • o'r�izirid'sidricllure is requiiled in Section 13.) 1. Applicant: �� 1r1�� pri'1�i.�� • . last f=irst Middle Dbte of Writ 2. Applicant's mailing address: .. 4zf-r 3. Applicant's hornEl ell pho 4. Applicarit's email address: 3)11/2(116 1e I of 4 Inc ivic uclls ueclLidng ADA aaaorT rr oc cliiclns aall (6(12)542-9027. SECTION 1C Has We applicarii been corivicted oil a felony, on had a liquor licerise nevoNeld within the last flve 115) yeclrsi'sl ❑Yes aO Qlf yes, aflach exnlanaflcin.l 2. How many special eveni licenses have been issued io tr is location chis year'sly (Ttlei nurnik em aarinial exceed U menus glen yeau; eaaeplt1 is unit en A.R.S. §4-20.11.2711 3. Is tIr a organization using the seuvices of a promioier or other person to manage tr a eventsl[]Yes 14No 11n Y wi, attach a cagy al the agneierrienit.j Lisi all people) and onganizaiioris wl-a will receive ire proceleds. ACCOLnt fon 100% oil the proceeds. The organization applNing miusi receive 25% of tl- a gross rev enc els of i r e special eveni liquor sales. Attach ari acic,Nii iorial page if necessary. Name�� ��ASrT.�l.c% ILC, S ehe&r1 4 �e�y �61f CE Flenceritage: _ _ -5 /� A c dress y �oGvr f"�2[�! k0l5 Street any stab Z41 Namie ��©dt'�A.t9 �A9 ��/�%-/vtC/�361��' Rerceniage: �� Address �!4, I1/`EG%-G=��/� ��CPi�a7�eLc�%�S-Z cp�xi� �— streel ' city stale 411 5. Rlease read A.R.S. §1 4.2(13.(12 Slpecial eveni license; rules arid 8151-1-20,11 Reauiremierits for a :Igecial 9vent License. Note: ALL AILC CIHOLIC REIVIRAGE SALES NIL ST BG 11CIR CONSUNIRTION A11HE EVENT SITE ONLY. "NO A LCOHOLIC BEV ERAGESI SIHALL LBAV E ;IF EC IA L IVINI U NLESIS 1HEY ARB IN AUCTION SIEA I ED C ONV INERSI CIA 1HI SIPICIAL 11V2N111C BNSIE IS SUCKED WI1F WINE /CR)IF1 D01TILLIAII FISIIV)IL LICENSE" 6. What typle of security and control mieast.nes will you lake io preverit violations cd liqL on laws at this eveni? (List type arc niurribeir of trlallae/scoutityl plensaniniel and typle of lericirig m aantiol barriers, h appllical i L mbem 01 ROIICEI Nurniber oil Secl rity Rersonnel []Fencing ❑Barriers EAplanaiion: 01falG ,a , At 21_-- � v JIiC'C ��c= Z _ BSc=Cli?P—ti 4 uq/Z--& Oc--- SICTION 11 ❑ales aria Hours of Everit. Days musi be consecutive bi,i miay not exceed 10 consecutive days. See A.R.S. 14 -X444(151) anid (17) for leg all h avers of servic e. ALFA SIE FILA OUT A SEAARA TH A PPUCATION AC R EA Ch "h ON -CC hSOCUTIV E" DAY Dale Day cif Weelk Ever it Start License Elnd Tim a AM/ A M T me AM/ PM DAti 1: � �.�6o Ori% %t9 _'Cwi>-n DAY '4I: DAY 3: DAY 4: DAY 9: DAY E DAY A: DA Y EI: DAY 51: ❑AY 1T 1:I/1/2(116 Pcige 2 al 4 IricMducls necluidrig ADA acaammacaiioris call (6012-9027. SOMH SECTION 72 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. NT 3/I /2016 Page 3 of 4 Individuals requiring ADA accommodations call 16021542-902]. SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. I, (Print Ful Name) _ 6E k fl- declare that I am an Officer, Director or Chairperson of the organization filing this application as listed in Section 9. 1 have read the application and the contents and all statements ore true, correct ond complete. signature Ttile/ Position Date Phone Number The foregoing instrument was acknowledged before me this IL I -LA Day Brian J. HoiV tl State D- County of ( 1 Notary Public Maricopa County, Arizona My Commission Expires onAor 5 11 7I ?:fl Date SECTION 14 This section Is to be completed only by the applicant named In Section 9. 1, (Print Pull Name) _45xfl e s Clare that I am the APPLICANT filing this application as listed in Se tion 9. 1 have readtapI ation and the contents an all statements are true, co ect and complete. fSlgnature me/ Position Rate Phone Number The foregoing instrument was acknowledged before me this /f/7 Tfar- State 2— County of &>t&P� Day DOMINICK LABATE NOTARY PUBLIC, ARIZONA Ape, --)t?'' � 'AAARfCOPA COUiV7Y My CammlSsion ExplreS Dn: My Commission Expires Date Sig Pubnc lune 22, 2020 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: httr)://www.azliauor.aov/assets/documents/homer)age docs/sipec event links.odf. SECTION 15 Local Governing Body Approval Section. I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government OtfkiaQ (Titre) On behalf of (City. Town, County) signature Date Phone SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL ❑DISAPPROVAL BY: DATE: -J ---i I A.R.S. § 41-1030. Invalydi of rules not made accordin to this chapter; prohibited agency action prohibited acts b 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 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 authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED iN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY 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. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. DISx TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 416/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin 480-816-5135 rgoodwin@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a GRANT APPLICATION REQUEST to apply for the Prop 202 Fort McDowell Yavapai Nation Grant Award ($10,000.00), for the Prop 202 Salt River Pima Indian Community Grant Award($45,000.00) and the Prop 302 Arizona Office of Tourism (AOT) Grant Award ($40,000.00) for the Tourism Fund (TOUR.AD). Applicant: NA Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Tourism Division has successfully applied for and greanted funding from the Prop 202 and 302 grant funds. The Tourism Division is seeking approval to continue applying for funding through these grant funds. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Increase in Budget Revenue Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list Mere: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Grant Priority Templates for AOT, Salt River Pima Indian Community and Fort McDowell Yavapai Nation. SUGGESTED MOTION (for council use): Page 1 of 2 Prepared by: Zxaceotlman- ever, Iounsid'maor 3/13/29 Director's Approval Mark Mayer, Community Services Oire"T 3/13/2017 Appr ved: ' ` 0 racy E. Miller, i0 7 ffi13/20" Page 2 aft TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: 480-816-5100 Fax: 480-837-3145 PROPOSITION 202 FUNDING APPLICATION 'Please provide the following information and return signed originals to the office of the Town Clerk as well as all supporting documentation for the funding proposal attached. Under Arizona Revised State Statute § 5-601-01, Proposition 202 funds may be solicited by cities, town, and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (1i) mitigation of the impacts ofgaming, and (iii) promotion ofcommerce and economic development. NOTE: The Town will only accept and process applications for town -based non-profit organizations (Qualified Entities). The decision to process the applicant's proposal shall be made by the Town Manager, or his designee, and is subject to the following criteria: SUBMISSION REQUIREMENTS: Please refer to the attached copy of Fountain Hills' Policy and Procedures for Proposition 202 Funding, Article I — General Policies, for complete details. 1. If, in any given quarter, the Town submits a proposal for Proposition 202 funds, the Town will not process proposals from "Qualified Entities" for that particular quarter if the applicant is requesting funds from the same tribe as the Town. "Qualified Entities" may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 2. Where multiple "Qualified Entities" have submitted proposals for Proposition 202 funds for the same quarter and from the same tribe, the proposals shall be processed in accordance with the follow schedule of preferred fund uses: A. Publicsafety; B. Mitigation ofimpact ofgaming (i.e. education, social services and healthcare); C. Promotion of commerce and economic development (i.e. transportation and tourism). 3. All costs incurred by the Town in connection with (i) the administration of a proposal submission and (ii) distribution of Proposition 202 fonds shall be subtracted from the total amount of Proposition 202 funds awarded if any, to the Town on behalf of the "Qualified Entity". Such costs may include, but are not limited to (i) staff time spent processing the application and any resulting final report, (ii) auditing fees and (iii) legal fees incurred in the preparation of a resolution, intergovernmental agreement and any other legal document associated with transferring the Proposition 202 funds. to the "Qualified Entity". 4. Distribution of Proposition Funds will not be used to supplant funding, if any, budgeted by the Town for distribution to that entity in the applicable fiscal year. 5. Any "Qualified Entity" receiving Proposition 202 funds shall submit to the Town, no less than 30 days prior to the end of the fiscal yew in which the funds were disbursed, a final and complete report detailing how the funds were spent. 6. The Town Council may modify the Town's Proposition 202 Funding policy at any time. 7. Deadline to apply: All applications shall be submitted to the office of the Town Clerk no less than 60 days prior to the deadline for such proposals w determined by the respective tribes for that particular quarter. 8. Important note: Incomplete proposals will not be accepted. G:Nacloel & Gace- Tounsm & Events\Gant ApplicationsTrop_202_FmWing_Application - FMD 2016.doc 5/1/07 Page 1 of TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: 480-816-5100 Fax: 480-837-3145 PROPOSITION 202 FUNDING APPLICATION TITLE OF REQUEST: Public Safety ❑ Mitigation of impact of gaming ® Promotion of commerce and economic development ❑ SECTION #1 Include the names of all officers and/or corporate directors directly related Provide ❑.general organization to, or associated with, the proposed administration of the Proposition. 202 description including its funds. corporate and organizational Town of Fountain Hills. structure. (Use an additional sheet if necessary) SECTION #2 - Primary contact Mark Mayer - Community Services Director Qualified Entities' Name: Town of Fountain Hills Organization Name: 16705 E. Avenue of the Fountains - Fountain Hills, AZ 85268 Address: Phone: 480-816-5100 Fax: E-mail tourism@th.a .gov Other relevant information: lose an additional sheet if necessary) SECTION #3 YES ® NO ❑ Has your organization If yes, please provide the name of the Indian Nation the application was submitted to, the submitted a preVi0U5 data of submission, and identify the category of the funding request: proposal for fundse FUNDING CATAGORIES: Public Safety ❑ Mitigation of impact of gaming Promotion of commerce and economic development ❑ SECTION #4 List contact information for Salena Castaneda - Tribal Council Secretary the Indian Nation that your attach proposal is to be Fort McDowell Yavapai Nation submitted to and the date their Fiscal Quarter ends: PO Box 17779, Fountain Hills, AZ 85268 For the quarter ending: G1Rachael&Grace - Tourism & EveraoGnou AppiicationsTrop-202_Funding _Application -FMD 2016dm 511/07 Page 2 of 9 PROPOSITION 202 FUNDING APPLICATION SECTION #5 Provide the dollar amount being requested. Attach a detailed budget. Provide all supporting documentation demonstrating this funding request's relationship to the proposed use. $ SECTION #6 PREFERRED FUND USES: Describe in detail the Public Safety ❑ manner in which the current Mitigation of impact of gaming proposal for Proposition 202 Promotion of commerce and economic development ❑ funds will be used and The Town of Fountain Hills Tourism Division would use the monies identify the category of the awarded to create this new advertising project, aimed directly towards est., funding request: increasing our visibility as a golf destination We would place a Include a statement of how specific emphasis on Fountain Hills being hone to world renowned the proposed use of the golf courses. with specific attention to the We -Ko -Pa Golf Course. funds meets one or more of the preferred fund uses. (Use an additional sheet If necessary) SECTION #7 Attach all supporting documentation, which demonstrates that the amount requested is directly related to the use proposed. Please be advised that if the tribe requests information not specifically required, the proposals must also include that information. APPLICANT'S SIGNATURE: FOR USE BYSTAFF: Date proposal received: ASSIGNED PROPOSAL #202 - Amount requested by the organization: % Less the Town of Fountain Hills' Administrative Fee 5%oftheamount $ Plus legal fees: $ $ Amount to be dispersed to the organization: $ n Approved for Council submission Town Manager (or "Designee") Sigmpm ❑ Denied for Council submission Date Toxin Manager (or "Designee") Signagam Instructions: To be placed on the I I.,d ha:: m nu_, rca 20 Town Council meeting agenda for Council consideration. G:Utachael & Gate -Tourism & Events\Gam ApplicationsTmp_202_Funding _Applicadon - FMD 2016.doc Page 3 of 9 52007 APPENDIX A: Grant Priority Template Department: Community Services Grant Request Project List for FY 17-18 Project Name Council GoaFCIP Relation Brief Description Target Dates Priority Funding Amounts Grant Opportunities Alternative Plan if not funded by grants Potential Project Manager Fort Tourism Prop 202 Fy11118 High $10,000.00 Fort Limited Rachael McDowell Stakeholder funding will McDowell marketing Goodwin Yavapai Partnerships be used to Yavapai exposure Nation Prop add Nation Prop 202 additional 202 Funding Funding marketing exposure for tourism. This form can be found on the Intranet under Document Library. 2255114.5 APPENDIX B: OMB Circular and Publications Descriptions Catalog of Federal Domestic Assistance: This site provides a full listing of all federal programs available to state and local governments (including the District of Columbia); federally - recognized Indian tribal governments; territories (and possessions) of the United States; domestic public, quasi- public, and private profit and non-profit organizations and institutions; specialized groups; and individuals. Visit: httos://www.cfda.eov/ Code of Federal Regulations (CFR): This site provides the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the federal government. Visit: httn://www.enoaccess.gov/cfr/index.html Federal OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments (relocated to 2 CFR, Part 225): This circular establishes principles and standards for determining costs for federal awards carried out through grants, cost reimbursement contracts, and other agreements with state and local governments and federally -recognized Indian Tribal governments. Visit: http://www.whitehouse.gov/sites/default/files/omb/assets/omb/fedreg/2005/083105 a87.1) Federal OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments Common Rule: This circular establishes consistency and uniformity among federal agencies and federal grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with state, local, and federally recognized Indian Tribal governments. Visit: htto: //www. whitehouse. goy/sites/default/files/omb/assets/omb/circulars/a 102/a 102.udf Federal OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (relocated to 2 CFR, Part 215): This circular sets forth standards for obtaining consistency and uniformity among grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with institutions of higher education, hospitals and other non-profit organizations. Visit: httn://www.whitehouse.gov/sites/default/files/omb/assets/oinb/circulars/al 10/2cfr215-0 ndf Federal OMB A-122, Cost Principles for Non -Profit Organization (relocated to 2 CFR, Part 215): This circular establishes principles and standards for determine cost of federal grants, contract and other agreements with non-profit organization. The principles are designed to provide that the federal government bears its fair share of costs except where restricted or prohibited by law. Visit httn://www whitehouse eov/sites/default/files/omb/assets/omb/fedreg/2005/083105 al22 pdf 22531/4.5 Federal OMB A-133, Audits of State, Local Governments, and Non -Profit Organizations: This circular is issued pursuant to the Single Audit Act of 1984, P.L. 98502, and the Single Audit Act Amendment of 1996 P.L. 104-156. It sets forth standards for obtaining consistency and uniformity among federal agencies for the audit of states, local governments and non-profit organizations expending federal awards. Visit: http://www.whitehouse.gov/sites/default/files/omb/assets/al33/al33 revised 2007.pdf Federal OMB A-133 Compliance Supplement: The compliance supplement is based on the requirements of the Single Audit Act Amendments of 1996 and 1997 revisions to OMB Circular A-133, which provided for the issuance of a compliance supplement to assist auditors in performing the required audits. While supplement is intended to provide a tool to both federal grantor agencies and auditors in setting forth the important provisions of federal assistance programs, it also provides guidance to recipients of federal assisted programs. It includes program objectives, procedures, and compliance requirements. Visit: http://www.whitehouse.eov/omb/circulars/al33 compliance supplement 2012 Grants Management Common Rule: On March 12, 1987, the President directed the federal grant making agencies to issue a grants management common rule to adopt government wide terms and conditions for grants to states and local governments. In 1988, OMB revised Circular A-102 to include guidance to federal agencies on matters not covered by the grants management common rule. The attachments to Circular A-102 were replaced by the grants management common rule. OMB maintains a chart which includes the locations of federal agency codifications of the grants management common rule. It is important for a grantee to review the regulations of their federal awarding agency. Visit: http://www.whitchouse.gov/omb/grants chart/ Single Audit Act of 1984 and Amendments of 1996: The Act requires governmental entities that spend over $300,000 a year in federal awards to prepare a Schedule of Expenditures of Federal Awards (SEFA), which is audited annually. (OMB Circular A-133 revised this threshold to $750,000 beginning in 2015.) This is the responsibility of the Town Finance Division. OMB Circular A-133 incorporates the requirements of the Single Audit Act. Copies of the Town's most recent Single Audit Reporting Package are available upon request from the Finance Division. The Single Audit Act was enacted to ensure the accurate accounting of federal grant funds are in compliance with program standards. Material non-compliance findings cited in the Town's Single Audit Reporting Package, including failure to accurately report federal expenditures on the Schedule of Expenditures of Federal Awards, could result in loss of grant funding. Grantors are required to monitor their sub -recipient's single audit findings to help ensure that findings are corrected. The Finance Division and the department administering the grant ensures that grant activity is accurately reported on both the grantor financial reports filed with the grantor agencies and tha Schledula cifI Expleniditunes of Pedenaa Awards prcTlarcid Ylyl the Ainance L7ivi lion fov the Town's Single Audit R ciplartin g Aacldage. APPENDIX C: Grant Project Profile Worksheet This form can be found on the Intranet under Document Library. 2253174.5 GRANT PROJECT PROFILE WORKSHEET 1. In one sentence, describe your project Prop 302 (AOT) funding will be used to add idea. What will you do? Where? With additional marketing exposure for tourism. whom? When? And why? 2. What broad categories of Town needs Tourism Promotion or opportunities does your project address? (Think in terms of general labels or frames.) 3. Describe the specific need or issue in In our Town, the current situation is this: we do the Town that your project will address. not have funds to increase tourism awareness 4. What specific changes or outcomes do We intend to achieve the following specific you intend to achieve in the Town as a outcomes: increase visitation, spending and result of your project? overnight stays 5. What are the major steps you will need Research, design and implement new to take to make these changes happen? marketing strategies 6. What resources will you need to IT support, Chamber of Commerce partnership accomplish these steps? (people, equipment, materials, training, supplies, services, other Town departments, etc.) 7. Approximate total cost: $10,000.00 Match $ 0.00 8. Who else has a vested interest in Chamber of Commerce, golf courses, working with you as partners on this restaurants, McDowell Mountain Regional problem or opportunity? Park, outdoor recreation retailers and event planners and promoters 9. What information, tools, data, etc., will Measurable ROI —web statistics, social media you use to decide whether your project impact, onsite surveys and collateral succeeded? distribution 10. Who will be the grant project manager? Rachael Goodwin Submitted By: Date: Telephone: 480-816-5135 This form can be found on the Intranet under Document Library. 2253174.5 APPENDIX D: Grant Check List Project Name: 2017 Prop 202 Funding App. Due Date: TBD Department: Community Services Contact Name: Rachael Goodwin _Ext. # 5135 I. Procedures for Developing and Submitting Grant Applications • Confirm purpose of the grant project meets Town Council Strategic Plan Goals and Operational Priorities/department goals. • Read and understand entire grant application to ensure that your department has the appropriate resources to comply with the grantor's requirements. • Develop grant concept including estimated budget and expected funding sources approved by Department Director. • Grant entered into the grant management system. This system includes project description, total cost, grant amount requested, source of funding, match, ongoing cost implications including additional staff, if any, special conditions and application due date. • Consult with other affected departments (e.g. engineering if it is a construction project) who will support or have the capacity to implement your project. • Town Attorney to review if Resolution is required prior to grant submittals. • Obtain Town Manager's signature prior to grant application submittal. • Prepare draft Council communication requesting authorization to apply and accept grant if necessary. • Complete final review and editing (a pair of fresh eyes are best), making sure to check the application against the grantor's instructions or the RFP. • Send copy of the signed application to the Grant Project Manager for archiving and distribution. II. Procedures for Accepting Grant Awards and Post -Award Procedures Congratulations! Now you need to: • Whoever receives an award notice/notification should send a copy of the award notice/notification to Grant Project Manager for archiving and distribution to Finance. Grant Project Manager will forward a copy of the award agreement to the Finance Division with a completed contract/grant infomtation sheet for tracking purposes. • Set up a meeting with the Grant Project Manager and the Finance Division to reconcile the accounts associated with the grant. During this meeting, you will review the grant requirements and you will be responsible for meeting all of the grant requirements and the current Town and/or State approved record retention schedules. 6 2253174,5 TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains Fountain lhlls, AZ 85268 Phone: 480-816-5100 Fax: 480-837-3145 PROPOSITION 202 FUNDING APPLICATION 'Please provide the following information and return signed originals to the office of the Town Clerk as well as all supporting documentation for the funding proposal attached. Under Arizona Revised Stale Statute § 5-601-02, Proposition 202 funds may be solicited by cities, town, and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (it) mitigation of the impacts ofgaming, and (iii) promotion ofcommerce and economic development. NOTE: The Town will only accept and process applications for town -based non-profit organizations (Qualified Entities). The decision to process the applicant's proposal shall be made by the Town Manager, or his designee, and is subject to the following criteria: SUBMISSION REQUIREMENTS: Please refer to the attached copy of Fountain Hills' Policy and Procedures for Proposition 202 Funding, Article 1 — General Policies, for complete details. 1. If, in any given quarter, the Town submits a proposal for Proposition 202 funds, the Town will not process proposals from "Qualified Entities" for that particular quarter if the applicant is requesting funds from the same tribe as the Town. "Qualified Entities" may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 2. Where multiple "Qualified Entities" have submitted proposals for Proposition 202 funds for the same quarter and from the same tribe, the proposals shall be processed in accordance with the follow schedule of preferred fund uses: A. Public safety, B. Mitigation ofimpact ofgaming (i.e. education, social services and healthcare); C. Promotion of commerce and economic development (i.e. transportation and tourism). 3. All costs incurred by the Town in connection with (i) the administration of a proposal submission and (ii) distribution of Proposition 202 funds shall be subtracted from the total amount of Proposition 202 funds awarded if any, to the Town on behalf of the "Qualified Entity". Such costs may include, but are not limited to (i) staff time spent processing the application and any resulting final report, (ii) auditing fees and (id) legal fees incurred in the preparation of a resolution, intergovernmental agreement and any other legal document associated with transferring the Proposition 202 funds to the "Qualified Entity". 4. Distribution of Proposition Funds will not be used to supplant funding, if any, budgeted by the Town for distribution to that entity in the applicable fiscal year. 5. Any "Qualified Entity" receiving Proposition 202 fords shall submit to the Town, no less than 30 days prior to the end of the fiscal year in which the funds were disbursed, a final and complete report detailing how the funds were spent. 6. The Town Council may modify the Town's Proposition 202 Funding policy at any time. 7. Deadline to apply: All applications shall be submitted to the office of the Town Clerk no less than 60 days prior to the deadline for such proposals as determined by the respective tribes for that particular quarter. 8. Important note: Incomplete proposals will not be accepted. G:U chael&Grace -Tourism&Events\Gmnt ApplicatimrSalt River Pima GmnvPmp_22 Fundin,_Application- SRPMIC 2016.dw 5/1/07 Page 1 of o' ,ghat is TOWN OF FOUNTAIN HILLS );_r? 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: 480-816-5100 Fax: 480-837-3145 PROPOSITION 202 FUNDING APPLICATION TITLE OF REQUEST: Public Safety ❑ Mitigation of impact of gaining ® Promotion of commerce and economic development ❑ SECTION #1 Include the names of all officers and/or corporate directors directly related Provide a general organization to, or associated with, the proposed administration of the Proposition. 202 description including its funds. corporate and organizational Town of Fountain Hills. structure. (Use an additional sheet R necessary) SECTION #2 - Primary contact Mark Mayer - Community Services Director Qualified Entities' Name: Town of Fountain Hills Organization Name: 16705 E. Avenue of the Fountains - Fountain Hills, AZ 8� 1 Address: Phone: 480-816-5100 Fax: E-mail tourism@fh. az.gov Other relevant information: (Use an additional sheet if necessary) SECTION #3 YES ® NO ❑ Has your organizatfon If yes, please provide the name of the Indian Nation the application was submitted to, the submitted a previous date of submission, and identify the category of the funding request: proposal for funds? FUNDING CATAGORIES: Public Safety ❑ Mitigation of impact of gaming Promotion of commerce and economic development ❑ SECTION #4 List contact information for Arnlea Salazar-Willeford the Indian Nation that your attach proposal is to be SRPMIC - Intergovernnental Project Manager submitted to and the date their Fiscal Quarter ends: angela.willeford@srpmic-nsn.gov For the quarter ending: G:\Rachael&Grace - Tourism &Events\Gant Applicatians\Salt River Pima Gmnt\Pmp_202_ Funding _Application -SRPMIC 2016.doc 5/1/07 Page 2 of9 PROPOSITION 202 FUNDING APPLICATION SECTION #5 Provide the dollar amount being requested. Attach a detailed budget. Provide all supporting documentation demonstrating this funding requests relationship to the proposed use. $ SECTION #6 PREFERRED FUND USES: Describe In detail the public Safety ❑ manner in which the current Mitigation of impact of gaming proposal for Proposition 202 Promotion of commerce and economic development ❑ funds will be used and -file Town of Fountain Hills is submitting this letter of interest to the identify the category of the Salt River Pima - Malicopa Indian Community for financial support funding request: through the Prop 203 funds. We are requesting the sum of Include a statement of how 535,000.00 to be used as promotion and advocating of tourism the proposed use of the Programs and advertisements. funds meets one or more of the preferred fund uses. (Use an additional sheet If necessary) SECTION #7 Attach all supporting documentation, which demonstrates that the amount requested is directly related to the use proposed. Please be advised that if the tribe requests Information not specifically required, the proposals must also Include that Information. APPLICANT'S SIGNATURE: FOR USE BYSTAFF. Date proposal received: ASSIGNED PROPOSAL#202- Amount requested by the organization: A Less the Tovm of Fountain Hills' Administrative Fee 5% of theamoant. $ Plus legal fees: $ $ Amount to be dispersed. to the organization: $ ❑ Approved for Council submission Town Manager (or "Designee") Signagure ❑. Denied for Council submission Date Town Manager (or "Designee") Signagme Instructions: Tobe placed oo the L- ier. new 10 cvc� iia-, 20 Town Council meeting agenda for Council consideration. G9 hael&Grace- Tourism& Events\Gmnt Applications\Salt River Pima GrantlPmp_202_Funding _Application -SRPMIC 2016.doc Page 3 of Snom APPENDIX A: Grant Priority Template Department: Community Services Grant Request Project List for FY 11.18 Project Name Council GoaKIP Relation Brief Description Target Dates Priority Funding Amounts Grant Opportunities Alternative Plan if not funded by grants Potential Project Manager Salt River Tourism Prop 202 Fyl7118 High $45,000.00 Salt River Limited Rachael Pima Indian Stakeholder funding will Pima Indian marketing Goodwin Community Partnerships be used to Community exposure Prop 202 add Prop 202 Funding additional Funding marketing exposure for tourism. This form can be found on the Intranet under Document Library. 2257174.5 APPENDIX B: OMB Circular and Publications Descriptions Catalog of Federal Domestic Assistance: This site provides a full listing of all federal programs available to state and local governments (including the District of Columbia); federally - recognized Indian tribal governments; territories (and possessions) of the United States; domestic public, quasi- public, and private profit and non-profit organizations and institutions; specialized groups; and individuals. Visit: httos://www.efda.gov/ Code of Federal Regulations (CFR): This site provides the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the federal government. Visit: httn://www.enoaccess.gov/cfr/index.html Federal OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments (relocated to 2 CFR, Part 225): This circular establishes principles and standards for determining costs for federal awards carried out through grants, cost reimbursement contracts, and other agreements with state and local governments and federally -recognized Indian Tribal governments. Visit: htto://www.whitehouse.pov/sites/default/files/omb/assets/omb/fedree/2005/083105 a87.ndf Federal OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments Common Rule: This circular establishes consistency and uniformity among federal agencies and federal grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with state, local, and federally recognized Indian Tribal governments. Visit: httu://www.whitehouse. gov/sites/defaulVfiles/omb/assets/omb/circulars/a102/a 102.udf Federal OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (relocated to 2 CFR, Part 215): This circular sets forth standards for obtaining consistency and uniformity among grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with institutions of higher education, hospitals and other non-profit organizations. Visit: http://www.whitchouse.gov/sites/default/files/omb/assets/omb/circulars/a l 10/2cfr215-0.pdf Federal OMB A-122, Cost Principles for Non -Profit Organization (relocated to 2 CFR, Part 215): This circular establishes principles and standards for determine cost of federal grants, contract and other agreements with non-profit organization. The principles are designed to provide that the federal govemment bears its fair share of costs except where restricted or prohibited by law. Visit htto://www.whitehouse.vov/sites/default/files/omb/assets/omb/fedree/2005/083105 a122.ndf 2 22531]9.5 Federal OMB A-133, Audits of State, Local Governments, and Non -Profit Organizations: This circular is issued pursuant to the Single Audit Act of 1984, P.L. 98502, and the Single Audit Act Amendment of 1996 P.L. 104-156. It sets forth standards for obtaining consistency and uniformity among federal agencies for the audit of states, local governments and non-profit organizations expending federal awards. Visit: httt)://www.whitehouse.gov/sites/default/files/omb/assets/al33/al33 revised 20071)df Federal OMB A-133 Compliance Supplement: The compliance supplement is based on the requirements of the Single Audit Act Amendments of 1996 and 1997 revisions to OMB Circular A-133, which provided for the issuance of a compliance supplement to assist auditors in performing the required audits. While supplement is intended to provide a tool to both federal grantor agencies and auditors in setting forth the important provisions of federal assistance programs, it also provides guidance to recipients of federal assisted programs. It includes program objectives, procedures, and compliance requirements. Visit: http://www.whitehouse.gov/omb/circulars/al33 compliance supplement 2012 Grants Management Common Rule: On March 12, 1987, the President directed the federal grant making agencies to issue a grants management common rule to adopt government wide terms and conditions for grants to states and local governments. In 1988, OMB revised Circular A-102 to include guidance to federal agencies on matters not covered by the grants management common rule. The attachments to Circular A-102 were replaced by the grants management common rule. OMB maintains a chart which includes the locations of federal agency codifications of the grants management common rule. It is important for a grantee to review the regulations of their federal awarding agency. Visit: httt)://www.whitchouse.gov/omb/grants chart/ Single Audit Act of 1984 and Amendments of 1996: The Act requires governmental entities that spend over $300,000 a year in federal awards to prepare a Schedule of Expenditures of Federal Awards (SEFA), which is audited annually. (OMB Circular A-133 revised this threshold to $750,000 begiming in 2015.) This is the responsibility of the Town Finance Division. OMB Circular A-133 incorporates the requirements of the Single Audit Act. Copies of the Town's most recent Single Audit Reporting Package are available upon request from the Finance Division. The Single Audit Act was enacted to ensure the accurate accounting of federal grant funds are in compliance with program standards. Material non-compliance findings cited in the Town's Single Audit Reporting Package, including failure to accurately report federal expenditures on the Schedule of Expenditures of Federal Awards, could result in loss of grant funding. Grantors are required to monitor their sub -recipient's single audit findings to help ensure that findings are corrected. The Finance Division and the department administering the grant ensures that grant activity is accurately reported on both the grantor financial reports filed with the grantor agencies and thea Schedule of Expcindituiie,,i of Acidciral Award:i preplarcid bly tblci Finances Division for lhci 'Down's Sing' a Audit Mciporting Packages. APPENDIX C: Grant Project Profile Worksheet This form can be found on the Intranet under Document Library. 2253174.5 GRANT PROJECT PROFILE WORKSHEET I. In one sentence, describe your project Prop 302 (AOT) funding will be used to add idea. What will you do? Where? With additional marketing exposure for tourism. whom? When? And why? 2. What broad categories of Town needs Tourism Promotion or opportunities does your project address? (Think in terms of general labels or frames.) 3. Describe the specific need or issue in In our Town, the current situation is this: we do the Town that your project will address. not have funds to increase tourism awareness 4. What specific changes or outcomes do We intend to achieve the following specific you intend to achieve in the Town as a outcomes: increase visitation, spending and result of your project? overnight stays 5. What are the major steps you will need Research, design and implement new to take to make these changes happen? marketing strategies 6. What resources will you need to IT support, Chamber of Commerce partnership accomplish these steps? (people, equipment, materials, training, supplies, services, other Town departments, etc.) 7. Approximate total cost: $45,000.00 Match $0.00- 0.008. 8. Who else has a vested interest in Chamber of Commerce, golf courses, working with you as partners on this restaurants, McDowell Mountain Regional problem or opportunity? Park, outdoor recreation retailers and event tanners and promoters 9. What information, tools, data, etc., will Measurable ROI — web statistics, social media you use to decide whether your project impact, onsite surveys and collateral succeeded? distribution 10. Who will be the grant project manager? Rachael Goodwin Submitted By: Date: Telephone: 480-816-5135 This form can be found on the Intranet under Document Library. 2253174.5 APPENDIX D: Grant Check List Project Name: 2016 AOT Grant App. Due Date:_ Department: Community Services Contact Name: Rachael Goodwin _Ext. # 5135 I. Procedures for Developing and Submitting Grant Applications • Confirm purpose of the grant project meets Town Council Strategic Plan Goals and Operational Priorifies/deparhnent goals. • Read and understand entire grant application to ensure that your department has the appropriate resources to comply with the grantor's requirements. • Develop grant concept including estimated budget and expected funding sources approved by Department Director. • Grant entered into the grant management system. This system includes project description, total cost, grant amount requested, source of funding, match, ongoing cost implications including additional staff, if any, special conditions and application due date. • Consult with other affected departments (e.g. engineering if it is a construction project) who will support or have the capacity to implement your project. • Town Attorney to review if Resolution is required prior to grant submittals. • Obtain Town Manager's signature prior to grant application submittal. • Prepare draft Council communication requesting authorization to apply and accept grant if necessary. • Complete final review and editing (a pair of fresh eyes are best), making sure to check the application against the grantor's instructions or the RFP. • Send copy of the signed application to the Grant Project Manager for archiving and distribution. II. Procedures for Accepting Grant Awards and Post -Award Procedures Congratulations! Now you need to: • Whoever receives an award notice/notification should send a copy of the award notice/notification to Grant Project Manager for archiving and distribution to Finance. Grant Project Manager will forward a copy of the award agreement to the Finance Division with a completed contract/grant information sheet for tracking purposes. • Set up a meeting with the Grant Project Manager and the Finance Division to reconcile the accounts associated with the grant. During this meeting, you will review the grant requirements and you will be responsible for meeting all of the grant requirements and the current Town and/or State approved record retention schedules. 6 2253174.5 APPENDIX A: Grant Priority Template Department: Community Services Grant Request Project List for FY 17-18 Project Name Council Goal/CIP Relation Brief Description Target Dates Priority Funding Amounts Grant Opportunities Alternative Plan if not funded by grants Potential Project Manager Arizona Tourism Prop302 FY17118 High $40,000.00 Arizona Limited Rachael Office of Stakeholder (AOT) Office of marketing Goodwin Tourism Partnerships funding will Tourism Grant exposure Prop 302 be used to Funding add additional marketing exposure for tourism. This form can be foundon the Intranet under Document Library. 22531745 APPENDIX B: OMB Circular and Publications Descriptions Catalog of Federal Domestic Assistance: This site provides a full listing of all federal programs available to state and local governments (including the District of Columbia); federally - recognized Indian tribal governments; territories (and possessions) of the United States; domestic public, quasi- public, and private profit and non-profit organizations and institutions; specialized groups; and individuals. Visit: httos://www.cfda.gov/ Code of Federal Regulations (CFR): This site provides the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the federal government. Visit: httm://www.anoaccess.goy/cfr/index.htiul Federal OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments (relocated to 2 CFR, Part 225): This circular establishes principles and standards for determining costs for federal awards carried out through grants, cost reimbursement contracts, and other agreements with state and local governments and federally -recognized Indian Tribal governments. Visit: http:/hvww.whitehouse.gov/sites/default/files/omb/assets/omb/fedreg/2005/083105 a87.pdf Federal OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments Common Rule: This circular establishes consistency and uniformity among federal agencies and federal grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with state, local, and federally recognized Indian Tribal governments. Visit: htty://www.whitchouse. eov/sites/default/files/omb/assets/olnb/circulars/aI O2/al02.i) Federal OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (relocated to 2 CFR, Part 215): This circular sets forth standards for obtaining consistency and uniformity among grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with institutions of higher education, hospitals and other non-profit organizations. Visit: bttp://www.wliitehouse.eov/sites/default/files/omb/assets/omb/circulars/al 10/2cfr2I5-0 3pddf Federal OMB A-122, Cost Principles for Non -Profit Organization (relocated to 2 CFR, Part 215): This circular establishes principles and standards for determine cost of federal grants, contract and other agreements with non-profit organization. The principles are designed to provide that the federal government bears its fair share of costs except where restricted or prohibited by law. Visit httu://www.whitehouse.eov/sites/default/files/omb/assets/omb/fedree/2005/083105 al22.Ddf 2 2253174.5 Federal OMB A-133, Audits of State, Local Governments, and Non -Profit Organizations: This circular is issued pursuant to the Single Audit Act of 1984, P.L. 98502, and the Single Audit Act Amendment of 1996 P.L. 104-156. It sets forth standards for obtaining consistency and uniformity among federal agencies for the audit of states, local governments and non-profit organizations expending federal awards. Visit: http://www.whitehouse goy/sites/default/files/omb/assets/al33/al33 revised 2007.Pd Federal OMB A-133 Compliance Supplement: The compliance supplement is based on the requirements of the Single Audit Act Amendments of 1996 and 1997 revisions to OMB Circular A-133, which provided for the issuance of a compliance supplement to assist auditors in performing the required audits. While supplement is intended to provide a tool to both federal grantor agencies and auditors in setting forth the important provisions of federal assistance programs, it also provides guidance to recipients of federal assisted programs. It includes program objectives, procedures, and compliance requirements. Visit: hfp://www.whitehouse.eov/omb/circulars/al33 compliance supplement 2012 Grants Management Common Rule: On March 12, 1987, the President directed the federal grant making agencies to issue a grants management common rule to adopt government wide terms and conditions for grants to states and local governments. In 1988, OMB revised Circular A-102 to include guidance to federal agencies on matters not covered by the grants management common rule. The attachments to Circular A-102 were replaced by the grants management common rule. OMB maintains a chart which includes the locations of federal agency codifications of the grants management common rule. It is important for a grantee to review the regulations of their federal awarding agency. Visit: http://www.whitehouse.gov/omb/pants chart/ Single Audit Act of 1984 and Amendments of 1996: The Act requires governmental entities that spend over $300,000 a year in federal awards to prepare a Schedule of Expenditures of Federal Awards (SEFA), which is audited annually. (OMB Circular A-133 revised this threshold to $750,000 beginning in 2015.) This is the responsibility of the Town Finance Division. OMB Circular A-133 incorporates the requirements of the Single Audit Act. Copies of the Town's most recent Single Audit Reporting Package are available upon request from the Finance Division. The Single Audit Act was enacted to ensure the accurate accounting of federal grant funds are in compliance with program standards. Material non-compliance findings cited in the Town's Single Audit Reporting Package, including failure to accurately report federal expenditures on the Schedule of Expenditures of Federal Awards, could result in loss of grant funding. Grantors are required to monitor their sub -recipient's single audit findings to help ensure that findings are corrected. The Finance Division and the department administering the grant ensures that grant activity is accurately reported on both the grantor financial reports filed with the grantor agencies and tBa Schedulla afl Expenditures ofl Fladenal Awards pneparcid byl the Flinance flivisicin foil tho Town's Single Audit Raplarting F acklage. APPENDIX C: Grant Project Profile Worksheet This form can be found on the Intranet under Document Library. 2253174.5 GRANT PROJECT PROFILE WORKSHEET 1. In one sentence, describe your project Prop 302 (AOT) funding will be used to add idea. What will you do? Where? With additional marketing exposure for tourism. whom? When? And why? 2. What broad categories of Town needs Tourism Promotion or opportunities does your project address? (Think in terms of general labels or frames.) 3. Describe the specific need or issue in In our Town, the current situation is this: we do the Town that your project will address. not have funds to increase tourism awareness 4. What specific changes or outcomes do We intend to achieve the following specific you intend to achieve in the Town as a outcomes: increase visitation, spending and result of your project? overnight stays 5. What are the major steps you will need Research, design and implement new to take to make these changes happen? marketing strategies 6. What resources will you need to IT support, Chamber of Commerce partnership accomplish these steps? (people, equipment, materials, training, supplies, services, other Town departments, etc.) 7. Approximate total cost: $40,000.00 Match $0.00- 0.008. 8. Who else has a vested interest in Chamber of Commerce, golf courses, working with you as partners on this restaurants, McDowell Mountain Regional problem or opportunity? Park, outdoor recreation retailers and event Tanners and promoters 9. What information, tools, data, etc., will Measurable ROI —web statistics, social media you use to decide whether your project impact, onsite surveys and collateral succeeded? distribution 10. Who will be the grant project manager? Rachael Goodwin Submitted By: Date: Telephone: 480-816-5135 This form can be found on the Intranet under Document Library. 2253174.5 APPENDIX D: Grant Check List Project Name: 2017 AOT Grant App. Due Date:_ Department: Community Services Contact Name: Rachael Goodwin _Ext. # 5135 I. Procedures for Developing and Submitting Grant Applications • Confirm purpose of the grant project meets Town Council Strategic Plan Goals and Operational Priorities/department goals. • Read and understand entire grant application to ensure that your department has the appropriate resources to comply with the grantor's requirements. • Develop grant concept including estimated budget and expected funding sources approved by Department Director. • Grant entered into the grant management system. This system includes project description, total cost, grant amount requested, source of funding, match, ongoing cost implications including additional staff, if any, special conditions and application due date. • Consult with other affected departments (e.g. engineering if it is a construction project) who will support or have the capacity to implement your project. • Town Attorney to review if Resolution is required prior to grant submittals. • Obtain Town Manager's signature prior to grant application submittal. • Prepare draft Council communication requesting authorization to apply and accept grant if necessary. • Complete final review and editing (a pair of fresh eyes are best), making sure to check the application against the grantor's instructions or the RFP. • Send copy of the signed application to the Grant Project Manager for archiving and distribution. II. Procedures for Accepting Grant Awards and Post -Award Procedures Congratulations! Now you need to: Whoever receives an award notice/notification should send a copy of the award notice/notification to Grant Project Manager for archiving and distribution to Finance. Grant Project Manager will forward a copy of the award agreement to the Finance Division with a completed contract/gram information sheet for tracking purposes. Set up a meeting with the Grant Project Manager and the Finance Division to reconcile the accounts associated with the grant. During this meeting, you will review the grant requirements and you will be responsible for meeting all of the grant requirements and the current Town and/or State approved record retention schedules. 2253174.5 Meeting Date: 4I6I2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Nat Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (.agenda Language): CONSIDERATION of a CONTRACT with the Law Office of Mark Iacovino, in the amount of $105,000, to provide Town Prosecutor services on behalf of the Town of Fountain Hills. Applicant: NIA Applicant Contact Information: NIA Owner: NIA Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): For the last several years, the Town of Fountain Hills has contracted with the Law Office of Mark Iacovino to provide Town Prosecution services at the Fountain Hills Municipal Court. The current current expires on June 30, 2017. The Town Council has indicated a desire to continue contracting with the Law Office of Mark Iacovino for these important services. Under the new contract, the annual amount of compensation will be increased from $100,000 to $105,000. This amount may be increased annually after FY 2017-18 by the percentage increase in cost of living adjustments that the Town Council may grant to other town employees. The term of the contract shall be effective July 1, 2017 and continue to be in force until either the Town or the Law Firm chooses to terminate the contract. 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 hertz: NIA Budgeted; if No, attach Budget Adjustment Form: INA Recommendations) by Board(s) or Commission(s): NIA Staff Recommendation(s): Staff recommends approval of the contract, List Attachment(s): NIA Page 4 of 2 SUGGESTED MOTION Icor council use): MOVE TO APPROVE a CONTRACT with the Law Office of Mark lacovino, in the amount of $105,000, to provide Town Prosecutor services on behalf of the Town of Fountain Hills. Prepared by: Director's Approval: Approved: (' "V41 • ,, Unsay E. Mill Manager 4/6/2017 Page 2 of2 Meeting Date: 4I6I2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Nat Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (.agenda Language): CONSIDERATION of a CONTRACT with the Law Office of Mark Iacovino, in the amount of $105,000, to provide Town Prosecutor services on behalf of the Town of Fountain Hills. Applicant: NIA Applicant Contact Information: NIA Owner: NIA Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): For the last several years, the Town of Fountain Hills has contracted with the Law Office of Mark Iacovino to provide Town Prosecution services at the Fountain Hills Municipal Court. The current current expires on June 30, 2017. The Town Council has indicated a desire to continue contracting with the Law Office of Mark Iacovino for these important services. Under the new contract, the annual amount of compensation will be increased from $100,000 to $105,000. This amount may be increased annually after FY 2017-18 by the percentage increase in cost of living adjustments that the Town Council may grant to other town employees. The term of the contract shall be effective July 1, 2017 and continue to be in force until either the Town or the Law Firm chooses to terminate the contract. 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 hertz: NIA Budgeted; if No, attach Budget Adjustment Form: INA Recommendations) by Board(s) or Commission(s): NIA Staff Recommendation(s): Staff recommends approval of the contract, List Attachment(s): NIA Page 4 of 2 SUGGESTED MOTION Icor council use): MOVE TO APPROVE a CONTRACT with the Law Office of Mark lacovino, in the amount of $105,000, to provide Town Prosecutor services on behalf of the Town of Fountain Hills. Prepared by: Director's Approval: Approved: (' "V41 • ,, Unsay E. Mill Manager 4/6/2017 Page 2 of2 Contnact No. C2018-001 CONTRACT FOR BEGAIJ SERVICFIS The law Oifi cau of Mark la cominc THIS COTIIRAC'fl FOR LEGAL SBRMICBS (11is "Contract") 's made and eantcrad 'silo as oft Apr'] 6, 2017, 1 atvuaen the 'flown aft Founilain Hills, an Arizona muniaipaa corporalion (1ha "'flown") and 1Ihea I1aw Offices of Mark Iacaovino 111ha "Law Firma"). RECITALS A. Thea Town has deatermiined it to la 'n its Iasi 'nlarest to caaralracal will1 aillorneys nal in its amp:lay who, b} cxpleariencaa and 1Irain:ing, are cuaFfied to ass.'st the Town in ccanneacilion w'lh proseacullion of eriiminal caaseas in thea Fourala:in Hills Mun'aipal C aur. B. Thea Town has satisfied itsalflas to 11a qualifcaations aflthea Ilaw Firma to assisl thea Town :in canneaction with prosacullion of frim inal easeas in thea Faunlain Hi1:Is Muniaipal C aurl. AG REEIMEN'II NCVN, THEREFORE, in aonsiderErtion of thea fdreagoing recitals, which area harely incorporated inla and are deeamed an integral part of this AHlaaemieant, the mutual caveanants sat fdrlh below and othear goad and va'ivablea aonsideralion, the lacaceipt and sufficaienay of which are mutually acknowl edgead by thea paries hereato, the 'flown and 111a Law F:irmi hereab} agreaa as follows: 1. Scopa of Serv:iae and Repreaseantalion. Thea Ilaw F:irmi agreeas Ila plearform all neaaessary .1 aga:l searvicas aflthe Town Prasccautor's Offica within the laws cflthea Slatea of Aiiaaraa anc thea Ru:las of Profassional Conducl :including, 1ul not l:imitead 1Ica, the following: 1.1 Plaaparca and appeali for arraignmants, arrange and earacuct prea-trial conflarenceas with dafendarals and ali altorncys, and tryjury and non jury triials. 11.1 ReV aw tha fi:lea on each casea including politic reaporls, plreavious caaraviclions and motions from dafense atlornays. I.:1 Hrapare any naaessany correspondenea ralaled to aach casea, eaxciuding viclim lelters and aorraspor.icanca which shal be the laaspans:ililily oflthe Town's Vlictim Willnass Advocatea. 1.4 Appear :in thea Faunlain Hills Municaipa:l Court to praseaute thosa who have violaled sllatc law oli Town ordir.aancas; maka raaommandallions for aancitians of rellaase and sent and ng. 1.5 Advise the Town's :law enfkarcaamarat caparment on plathearing and prascnlallion of avidcnca, filing of charges and alher legal maltears ralalad Ica criminal aasas; inlarviaw police officars, ir.aspeaators and oilhears presenting eavidenaa for the Town. 2912637.1 ] .E Peirform leigal resealich to sLippcirl the Town's plas:ilion(s,' in hearings and trials as wen 11 as in reisplanse to c eifense motions. 1.7 Pravide statistical dala cioncerning disposit:ian oflaaseis on a quailer:ly basis in a reiport to the Town Council and 'Ilawn Manager. 1.8 Aat as an eduaatianal resources to Tawn staffs schools, aiv:ica organizalions and local advocaat' groups. 2. Acuicca and Status Reporting. 'Ilhei Haw Firm shall provide 1he 'Ilawn wilh timely advicie of all signifciant developments arising during pearformancie aflseirvicieis hercaunder, orally or in writing, as Law Firm cionsic ears applray Iriata. Upon regLiusl of the Town Manager ill ei LJaw Firm shall provide ciopies of all p:leiadings arae either daciumemis prepared by flu Law Firm. The Llaw Hirm shall provide thci "Dawn Manager with cluarterlN status reports. 3. Compensalion. Thu Town agraeis to pay the LJaw Firm fcir sarvicas rendercid heruurac eir fbr fiscial year X1112CI1 EI, a flat annual amount of gl 1 Clfl,000, paid in 12 equal installments, cLia in advancie an the first day ofleacih rrianlh. In thea evcnt ilhat 1he'Ilown's annual budged fbr fiscal yeaars after 2017/1018 includes a ciosil-cafdiv:ing incireaase for ala employcaeas (a "COLA"), thea Law Firm shall be enfllec to an inureaase in base salary equal to ilhea perciemlage of the COLA, beginning with the first pay peariod of the fsaal year in whicih 1he COLZA is impllemcnted. 'Rhea Ilaw Firm expressly agrees and uncearslands shat no adjustmient to its complcnsatian shall acicur rclative 10 any irieariil increases provided to Town employecas as part cif the any annual budgel. IfIa not:icie of ilearm:natkin has lcaen given pursuant to Secit:ian lE below, the monthly amouml payable shah be proraled acuarc ing to ill ea actual number of c ays during which the Daw Firm will l e prov:ic ing servicies. 4. Terme. This C omlracil shall be effecit:ivu as cif Ithe dal ea firsl set forth above and shall liemain in full fkarae arae efttact until terminated bN either the Town or the Ilaw Firm as set fbrh :in Seciticara 16 below. fl. Noilices and Requests. Any nolicca o1i other ciommun:iciailion required or permiilted to be g:iuean under this Agraemient shall bei in wriling ane sha l be deemied to haven leen culy given if (i; delivered ila the plarty at the address scat fbrth lelow, (ii) deplasilead :in 1he U.S. Mail, registered or cerlifeid, return reaeipil ruquestec, to ilhea address scat forth below car (Ii:ii,' given to a recognized and ruputal le auearnight deliverysurvicca, to 1he addreass scat fbrlh below: If Ito the Town: 'Dawn caflFountain Hills 1670`_1 D. Avenue oflthe Fountains Fountain Hills, A.2 HfIN 6 A ttn: "Dawn Manager With copy 10: Cusil Rosenfeld, P.L.C. Onea last Wlashingtan, SuiI ea 1 E (10 Ploenix, Asiaana 8`_1004-2`_1`_1.1 A1tn: Andrew J. McGuire 2912637.1 2 HIM Law Firm: 'flt a Ilaw O f cia of Mark Iaaovino 1010-`I E. Mia Lir ic a, #;I 03-34( Saaltsdala, AZ 85258 Atln: Mank lacov:ir.icr or at such oilherr address, anc Ila the alllenllion oft such other person or officiar, as any darty maN designate in wr:iling bN notice duly given pursuanl Ila this 9action. Noticres shall ba daemad reeaivcrc (i) whin cciliverred to thaparty, (Iii) thraa busimass daNs afalar being plaaad in the U." 11. Mail, properly addressad, willh suffiaicrril postage or (iii) i1a fbl:lowing business day afller being given to a racogniaed ouamighil delivery serviaa, with tha parson giving tha nalicia playing a:ll required charges and instruciting the cell:ivary serviaa ila deaiver on the fOil lowing tus:inerss day. If a copy of a notice is alsa givar.i to a party's aaunsel or other raaipienil, the provisions atcrua governing i1ci date on whiah a not:icre is c aem ad it a have been relcaived Ey a party shall m aan and refbr to the data on whish the party, and r.ial ills aounsed ar other rerc:irlient to whish a copy of the nollica may bci send, is deemed to have racciived the notice. 6. Conflicl ]Issues. 'f]hei Law Airm warrar.its and covenants thall flaw Firm prescinlly has ria inileirest ir.i, nor shall ariN intcrast be Ieire:inafller acqu:ircid in, any maVeir which will rander the serrviaeis required under the provisions crfl this Contrast a vio:lat:ian of any app:licatle slater, local, or fac ciraa law. In the avew any aonfliat afl interest should arise, tha Law Airm shall rlramptay notiifiy lihei'➢own oflilhei erxislencia oflsuah cranflicrl oflintareist so the Towrr may dalermiine whalher to ileirm:inatc this C onilrao. Canflicrl issueis arising arca governed 1:N the Arizona Rules oft Prof Lissional Conducil. The Ilaw Flirmi shou:lc also reefer to 1I1ei Arizona Ileigaa Bthies Handbaak pLiblished bN the Stallei Bar oflAAizona. Clheimiisei, the Ilaw Airm shall ter frcrei to disposci of sucrh parlion of its entirei time, aneirgy and skill as are r.icrt raquircic to be devoted to Town ir.i sucrh manner as :il seies ft, and to sucrh persons, fermis ar aorporati ons as it c eiems advisab:lci sa long as no acrnfl cit afI inI arest ex i sts. 7. Mainilananae oft Reicords. In aampl:iance will. 'flown rlracredure, a:ll work perfbrmeid in cronnecrlion with this Contracrt shaa] be subicrat la audit. 'Mei Ilaw Firm shall maintain all books, doauiments, papars, and aacrouriling records parla:ining ala the Contracrt and nol re.latad to particuaar prosercrulion easei files arrc st ala mak ei such mateirials availat ]a at lhe:ir offieeis all ala rcrasonab:lci limeis dur.'rr8 lhei Contracrt peracid anc fbr al ]east 1Ihrae years from 1I1a datci oft final paymcir.it fkrr inspection bN 'Hawn or arr}I aullhorizcc rerlrciscintalives afl Town, and copies thcireiof shall be furnishers, :iflrequestad, ail Towne's cixpensei. 'flhe 'Hawn shall store ark maintain all alosed f:lcis.'flhei ceislruction of suah fileis shall be in aceorcancci with app:licatle law and Alizon21 Atlarriay Gcincira:l Cpinion 0411. 8. Indcimrificration. 'flo the fullest axtenil peirmittcrc bN law, the Ilaw Firm shall defend, indcimnifly and hold harmleiss Town, ills agarrls, rapresenilativas, afficcirs, direcllois, officials, and cimploycias fram and againsl all alaims, damages, losses and cixrlcrnscis ralaling to, arising aut ofd or resulting from then Ilaw Airmi's wrongfua sats, errors, misllakes, or omissions rcdall ing 11a thci Law Hirmi's scirviaas in ilea pcirfcrrmiancia of Itis Contracrt. Ther Law Firm's duty to dcifbnd, hole harm:lass, arse ir.rdeimnifN 'flown, its agents, rcp>ieisantalives, officers, direialors, offiaials, and employecis shall arisei :in eonnecrlion will. any crlaim, damagei, loss, or crxpeinsei 2912617.1 .I (including, bull not :limiled lla, altornays' flieis, caurr costs, and thea cost ofl appellate proccadings) causad by tha flaw Firm's wrcmgful acts, errors, mislakas or omissions, work or services in lhei perfrirrnanea ofllhis Contract. The amounll and lype ciflinsurancei eavaragc requiramards set fdrlh below will, in na way, be construed as :limiling 1he seopa cifltha indemnillN of This paragraph. 9. P1iofbssior.ial L:iabi:lity Insurance. Wilhout limiting any of llhair obligations, tha Lava Firm, al tha Lava Firm's own mpansci, shad l purchase and miainlain tha herainaftali st:iplulalad minimum insurance w:ilh companies duly :licansad, possassing an AM Hast, Ina. raling of B++, applrovad and licansad lla do business in 1he 94ata of Aiiacina, wish po.licias and fbrrr.is reasonably satisflictary to 'Hawn. Prior to commianc:ir.ig work uric ar Vhis Contracl, the flaw Firr sl ala furnish Town Ccrrifcatas cif lnsuranae, or forma] endorsemants issuad by tha IJaw Firm's insurcrlls), as evkanca That pol:iaias providing tha raquired coverage, ecmditians, and limills required bN this Contraat ara in full:l fbrcei and efflict. Such Ccrrifcallas shall identify this Contraiat numlar, arae shall provide fbr not ]ass Than 30 days advanca Notice oft Clance]lalion, Terrr ii nail ion, ori Materia] Altcrat:ian. 'Ilha IJaw Firm will rraintain Professional Liability insi rance aoverir.igl errors ark omissions ar sing out ofl tha work or sarviccis perfcirmied by the Lava Firrri ar anN parson employed IN the Law Firma, with ai limill of noll less Vhan $_IOO,CICICI eaah ocaurrenca aric $500,CICICI al 1 as airy. s. 10. lndapendcr.t C anlliaclor Status. The services Vhei IJaw Firm provides under tha lerrrs oflilhis Conllracil to Town alie that of an indepencant canlraaloli, not an amployaa. 'Ilawn w:i]1 lieport the value paid flan thaw services each Naar to 1he Idlerna] Rev anue Saniice (IRS) using Forrri 1099. Willhhalding ofl:income tax is nal dadvicted from contractual playmenls. 11. Non-Assignmiant. Sarvieeis coverec bN this Contract shall noll ba assignee in who.la or in part without tha prior writtan cansenl of the Town. 1:I. Choice cif flaw. Thais Clonilracil shall la governec and :nlerpreled aacordir.i8 to 1he :lavas of 1ha State of Ariaona. ]=1. Flnlirci Agreement. This Contraat constitutes the antira undarsland:ing of 11a parries, and no rapresenilat:ians or agraamenls, oral or wriUan, made pr or 4a its axeculion shall vary or miodifly the tcrmis herein. 14. Amendmants. Ary arrandmenl, madification or variallion from the terrris ofllllis Contract shall be in wrilling and slala to affective onlN after appraval ofl all paries signing tha orig: r.ial Contract. 5. Saveral iFIN. Shoulc any plait of This Contract ba declarad in a frial dac:is:ian by a court or llriibunaa of compellant jurisdicl ion to be unconstitutional, invalid, or ballonc tha aulhority cif e:ilher parly to anter into or carry out, suah dacisicr.i shall not affect tha validitN cif the ramainder afl This Contract, whiah shale aont:inua in furl] force and effliat, provided That the ramainder aflthis Conilrac4, atsenl the unexeraiseid portion, can be lieasonablN intarpretad to glive ciffect to 111 ei intenlions of the parties. U. Vermination. Eilhar parly maN tarmiinale This Contraat w:ilhout causa upon giving 60 days' wrliilten notice to 1he alher party. 2912637.1 4 17. Canuedlalion. Aursivant to Aiuz. Rdm. STAT. 38-511, the 'fl awn may cariciel ariN caontracal or agreemicinl, without peanalty or obligation, if anN persion signlificantly involved in initiating, ricagcaliating, seuuring, drafting or cireating this contract on beahalf of '➢own's departm cants car agencieas i s, at any ti me whi 1 e thea caontl act cir ainN eaxl ensi on of I 1 f is C ontracit :i s in effecat, an emiploycae of aariN other part) of the contract in anN capacity, or a caonsultaril to any other party of l this C ontraut with ruspecal to the subj eal matter cif l this Contract. IN WITNESS WHIERECII, the parti cis hearcato have executed this A jjrcacament as of the data and ycaar first scrt forth above. "Taves i" TCWN CF FCUNAAIN H11I.II.IS, an Arizona municipal corporation Grady EI. Miller, Town Manager ATTHST: Hevcdyn a. Banc car;'lcawr, Clerk 2912637.1 cl "Law Pira " LAW Zrielorship ICE OF MARK IACCVINC, a sole I riel or A lv TOWN OF FOUNTAIN FALLS ° 4 P x TOWN COUNCIL fl� AGENDA ACTION FORM �hsf is A��.�cs Meeting Date: 41612017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Mark Mayer, 480 816-5190, mmayer@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the first amendment to a Professional Services Agreement (#C2017-007) with J2 Engineering, in the amount of $18,433, for the purpose of creating addendum documents for the initial phase of the Adero Canyon Trailhead Project for interim utilities and authorizing the Town Manager to sign the agreement. Applicant: N/A Applicant Contact Information: NIA Owner: Town of Fountain Hills Owner Contact Information: NIA Property Location: McDowell Mountain Preserve Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): J2 has completed the bid documents for the Adero Canyon construction project and staff has determined it would be in the Town's best interest to include an addendum for the initial phase of interim utilities prior to the project going out to bid. The agreement will be forthcoming next week. Risk Analysis (options or alternatives with implications): NIA .Fiscal Impact (initial and ongoing costs; budget status): $18,433.40 Budget Reference (page number). #356-357 Funding Source: Multiple Funds If Multiple Funds utilized, list here: Developmental Fees and CIP. Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): The McDowell Mountain Preservation Commission is in support of this agreement. Staff Recommendation(s): Staff recommends approval. List Attachment(s): Original PSA, J2 Bid and scope of work. SUGGESTED MOTION (for council use): Move to approve the first amendment to Professional Services Agreement (#02017- 007) with J2 Engineering„ in the amount of $18,433, for the purpose of creating addendum documents for the initial phase of the Adero Canyon Traiihead Project for interim utilities and authorizing the Town Manager to sign the agreement. Page 1 of 2 Contraall No. C2017-0(17 PIPIOFIISSIONA.I SERVICES AGREEMENT BETWEEN TOE TOWN C F FC UINTA IN HILLS ANU 32 ENGINEER]IING & ENVIRONMENTAL DESIGN, L.L.C. THIS PROFIESSIONA IJ SBRv1ICES A GRBEMENT (thhi "Agnciemeint") hi ciritcuied into as aflJune 2, 2016, bellwcien 1Ihei lawn aflFoLntain Hills, an Arizona municipal corparation (tIci "Town7, aand J2 Enplineering & Envirum-n arital Design, L.L.C., an Arizona limitad liaHil:ity caompany Iltbe "Consullant"). RHCIIIAMS A. 'Ilhe Town is in necc of laid doaumcnta for 1Iha Adero Canyon Thia:ilhoad (lble "Tnaiilheaad"). B. The 'flown has datarm:iriad that ecmpalitive solicitation is not in the 'llown's best interest bacausa Consullant ptaparad lib ea or:iplinall dela:il dcs:ipin fot the Tnailhe ad in 2005 to 9`.I% completion, ha., tllei lama staff in place since 2005, including tha main arch:ilect and ptojcaat .aur, arv:isor, and has patformed aide itional wank ncilaled to thea Traill eiad oven 1he last several months. C. Pursuant to Sciction 11.2 of the Tawn's Flrcauremient Faliay, tha `town and tha Consullant deishe to enteii inla this Agiiecimant fon tbei purpose of (i) eislablisbing thea tcwms and condition.i by which Clansultam may plravide thci 'llawn with bid daaumcints (updated 95%, 1(1(11/( and bid ready final submittals) for the Trailheac (thea "Sarvieesi"), as mote pariticu:Iatly set forlh :ir, Sectiani 2 below, and Iii) setling thea maximum amount to be exporked pursuanit to 1His Agreeamcant talar k to tha Serviiaes. NOW, 71114HREFOME, in consiceiralion ofl4.e foregoing :initoduction and recilalls, which acre :iriaorporaw Eeiteina by tefercincc, tHei following mutual covicinants and conditions, and othear gam ark valuable acmisideariation, thei recie:ipl and suffieieniay oflwhich area hearaby acknowleidgec, the Town and thci Consultant hereIN allrae as fHillaws: 1. 'Ilertri of Agraement. "phis Agroament shawl lei eiffecilivici as of thci date fusl scat farthl abovei and shall riemia:in ;in full force arid ciffecil unat:il Junci 1, 2017, unless terrrinaaled was alherwlise plrcyided in this Agreement. 2. Sciape oflWork. Consullanl shall] plrayide thci Servicias as seal forth in 1he Scope of Work, attaicihead hemeta was ExhiH it A and inciorpotaled hetcin by teftirenieci. ?I. Clompcnasalion. The Town shall pay ComiLdtar.il an amount nut to eixceaed $126,127.(ICI bot the Serv:icaes al the rales set fbrth in 1Iha Flee Ptapasal, atilaahed blereto as pati ofl Exhibit A. 2672453.1 4. P Urnants. Thea 'Ilown shall pay the Consultant monthly, H aised upon warlc peirforrriad aric eaomplleteid to date, and upon submiss:icn and approval of invoicaes. All invoiaas shall cacumant nand ilamiae all work aorri fueled to dale. Each invoica slatamant shall incluide a record of lime expenc ad and workl performed in suifflaienl detail to justify paymiant. THa aontracl number ml sd ba ref brenaad an all invo:iaes. 5. Documants. All do(urner.its, inaludinE any intallaatilal properly rights lherato, praparad and submiiil ad to the Town pursuant to dH is Agraomant skill be thea prapeirty of thea 'blown. 6. Consultant Personnel. Consultant shall plravide adequate, exparicariaed personnel, aapable of and ceivotcac to thea suacaessfull perfarmanae of the S arviceis under this Agreement. Carisultaril agrcaas to assiign spacifla individuals io key plas:ilions. Cansullant agreeis Ihaal, ufan aommenaamant of thea'Icarviaas to be plarformad under this Agraeamcarit, key personnel shall not ba removed or replaced without priar writlleri nodicea do tHa 'blown. If key personnel arca not aNxIaHle to performs tta Services for a cantinuauis pariod axacaed:ingl 30 calendar days, or ara expected to devola substantially lass caflfort to tha 9arviaes than inilially aralicipalad, Consultand shall :immeadiateIN natify tH a Town of sama and shall, suiH jeat to tH a aonauirrancca of thea Town, replace such personnel W ith personnel possassing substantially equal ability and qua] ificalions. 7. Inspealion; Aacepdancea. All wark shall Ha ,iubjecit to :inspection and aaceaptanae by thca Tawn at rieasonable timies di;iring Consuiltant's pearfonriancca. Tha Consull ant shall plravide arid maintain a seMinspecl ion system that is aacoaptablca to tha Iowr.i. 8. Liceanscas, Materials. Consultant shall maintain in current status all federal, stata ar,d local liaenses and parimits required far tHa aplearation of the business aancucdad Hy the Cansultar.il. Tha Town has no obligation 1c pros ide Consultant, its cimplayaes ar suHaontllacalors any businessi registrations or licenscis requircid to pcirfarm thea specific ,iarv:icies sat forlh in tH is Agrcaeamant. Tha Z awn has no obligation to provide tools, equiipancaral ar matariall to Consullar 1. 9. Plerfonriianca Warranty. Clor.isultar.il warrant: Ihat da " carviciesi renderad will conforrr to thea requ:iramcanls cif this Agraemant and to lhca Highest profeass'arial standares in thea field. 10. Indeamnificaiion. 11a the fullest exlent permiitlad Hy law, the Consultant 'iliall indemnify aric hole harmllass tha 'llowr and each calniail memlar, ofFiaer, amplloyeca ar agent Ihereacf (tha Town and any such parson H Bing hareiin cellae an "Indcunnified Harty"), for, ftom and against any and all losses; claims, damagasi, liabilities, costs and caxpansies (inc:lucing, but nal litriitad lo, reasonaHle attarnays' fees, aourt costs and the com,,i of appellate pracecicings) to which any such Indcamnified Hart}{ may 1; accme ,iti1jecit, undar any thaory of Hat ilily whatsoevear (1"Claim:") to the axtanl dHat sual Claims (jor actions in raspacd tharaof) ara aawied Hy thea r.aag'ligerii acts, recklassness or inter.ilicnal misaancucd of t11a Consultant, its afficears, camployecis, agents, or arN Liar of sullciontractar in conneiction with Consultar.al'si work or scai :iri tHa parforrrancie of this Agiiecimenl. Thea amount ar.ic typa aft iwiuiranae coverage requirements scil fbr(h below will in no way be canslrued as limiting tha scopci of thci indemnity, in This Sciction. 2672453.1 �I ll. Insurance. 11.1 General. A. llnsurer Qualificatians. Wittaut limiting any ot]igatiar.is cir liabil:ilieis cif Consultant, Consultant stall purchase and maintain, at its own axpensci, hemeinaftar sitipu:lated minimum insurance with insivaanaa companies autharizad to da bus:irieiss in the'Ilato of Arizona pursuant to AR -Z. REV. STAT. § 20-206, asi amenidcid, with cin AM Besit, Inc. haling of A- on aboma with poliaicis and forms salisifaatory la tte 'flown. Failure to ma:inla:ini insiumancc as specified herein ma}l result in torm:ir.iatiion of this Agreement at the Tow ni's option. B. No Rlepresentatian of Comers eg_ Adcquacy. By requiring insurance henie;in, slhe Town docis not replres ant 1hal coverage and limJ1s will t a adcquatei to protect Cerisultanl. ale Town reserves 1E night la iieview any and all of the inisumnae pal:iaieisi and/or cindonsemanls oiled in this Agraament, but hai.i na obligation la do so. Failure to demand such emidenca of full complianaei w:ilh 1he insuranaa raquircirrents seat forth in this Agraament or failure tc ideintlfyj any imuranaa deficiency shlall nosl vliame Consultaml fram, nor be consitrucid or deeimad a waiver of, its ob:igalion to ma:irila;iri 1he mquiiresd imiuranaa at all timies curing thei perfarmanae of This Agraament. C. A dditllonal Insurc is . All ;i nsurancc i cove mage, c mcapt W orkenis' Clampcinsalion insuraricse arse Proftissionial Liability insunancse, if applicable, ;shall narr.e, to the fullest exlent pcir-niltac bN law for claims arising out of Ole performance of nisi Agreement, tha Town, its agents, rcipiesenlatives, afficcirs, dincsators, officials avid employees as Additional Inisurcid as specified undeni the raspeatiive covciragci sciations of 1h:isi Agreiemanit. D. Covscira eg Tarm. A:II :insurancei required hcrain shall be maiintaiinad in 6111 fovea and effaat until all wade or senviciesi reiquirick to be pesiformad undcn the tarms of this Agreamenl aha siatisfactor;ily perthrmad, aamplated ane forrnalllM acceptac by the Towne, unleissi spcicsified atherw:isc :lir tEhi Agreeimcint. E. Primary Insurance. Consultant's insurance stall be primary insurance w]1h neispoct to penf6rmansae of this Agrciemerit and in the plralecst:ian afl tta Town as an A do itional Insiured. A. Claims Made. ]In the event asnM insurance poliaies rciquircc b}l this Agreement arcs writllen on a "alairris made" basis, csovenagla shall axtand, aitteir b3l keeping covaraga in fkrese or purchasing an cxhinded repoving option, fon threes yeavi pant complalion and acscaptancse afltha services. Suat continuing comenage shall be ev:idanaesd by submission of annual Cerlifiicales of Insurance citing applicsab:la comcrage is in force and conlairisi the provisions as rcquirac hcreiin for the thncia-}team pariod. G. Wa:ivull. All palicsias, exacspt for Araffvisis;icmial LiabilitN, ircluding Workers' Clampensialion insuraniae, shall contain a waimer of righls of racauery (subrogation) against the Tawn, ilss agents, rapresentativas, officsialls, officcrs and 2672493.1 employees fan any alaims arising out of thea wank or sicirvivas of Consultant. Consu;ltanl sbaall arrange to have such subraglation waivers incaarparai into each policy via fhrmial written eridorsameanat tharota. H. Policy Daducalibles aind/or Salfl-Insurad Relenilions. "➢he policies seat forth in these requirements may provide coverage thait contains deductibles or self insured retention amaurils. Such deduatibles or salf-insured realenlion shall not ba applicable with rcaspoc4 10 the palli(i), limits provided to the 'flown. Camiultant shall bei solely responsible ftir any such deduiatible or self-insurad reatenlion amaurd. I. Use of Subcon4naclora. If any work under this Agraemiant is subeanitracated in any way, Consuharnt shall amiacule writlen agraemiends wish its subearitractors eanlaiining the indcamn.ifilcatian prov:isilar.is seat farlh in this 9aalion and insurance requi ramants set fbrth herein protecting the T awn and Consullant. C omiultaant shall ba rosplansible fhr executing any Eiglraemenit wilh its subconlraetons and oblaining certificatas of insuranaa verifying Il:le insurance requ'remants. J. Evidenaa aflInsuranae. Plriar to aommancing any wark ar sarviaesi under This ABnaement, Consullant will provide thea Town with suitaabla av:iceanca of :insurance in the farm cfl ceartificaites aflinisuraniae and a aapy of 1he daclaralion pagea(si, of tba insuranaa poliaicas as required by this Agraemarit, issiucad by Consullanl's insamaanee inisuran(.,i; as evidencae thal policies Eire placaed with accaeptablei insurers as specifiad heticin anc pravk e the reiquir& caoverages, ciondil ions and limil:i of cavorago spaaified in this Agreamenl and that such coverage and provis:ians are in full farina and efftact. Confidential informat:ian such as thea policy plreamiumi may be redaatcad frame Iba declaratian plaige(s) of eaah insurance plahay, pravided that such tiedaiclions do not altar any of the informat:ian required by this Agreiement. Thei '➢awn ,hall reasanabl) rcdy upon thea ccuitifilcales of insuraneei and declaration paage(s) ofI1he insuiranaa po:licieisi as avkenae of aoveraige but sucah acaeaptaariea and raliancei shall riot waiva or alter in any way the insurancae reaquirements ar obligations of this A glreemient. If ary of Vhe policies reaquirk by this Agreement expire during the life of this Agreement, it shall be Consultant's iiesponsibilit)I to forwiard renawal cerlificales and decllaralion paige(s) to the Town 30 Gays pricer to 1he expiration date. All cartificales of :insurance and declarations mquired by Ihis Agreement shall be identifiad ty refarancing this Agrearri A 11X.00 Eacminiistrativa fees shall b a assessied for ail] cartiifwateis or c eclarations received withaud as rcaferanco Io Itis Agnaement. Acc]tionally, certificates of :insurance and decdanat:ian pages) ofl thea insurance poliaicas submitted withaul iiaferancimg lhisi Agreerrent will to sub1 act to nejeclion and may be rehlrned or discarded. Cenlificaateasa of insurance and cealaratian pagg(s) shall speaificaally include tha following pnov:isiaris: Ill; Thea Town, its aganats, reipresenlatives, afficers, 6teatars, off vials and employeaes aye A c ditional Insureads as ftil lows: (a) Cammearc:ial General Lliabilily — Under Inisuraneci Servaiaes Oflica, ]Inc., ("ISO") Harm CO 20 W 03 A or equivalent. 2612413.1 4 (b) Auto Liability — Under ISO Harm CA 20 01 ar equ:iu akint. (a) Exacsls Liability — Flollaw Form1 to undarlyinlgl in,suranaa. (2) Cansullanl's insuranae shale bel primary insurar.cle wilh rasrpacl la parfdrmancle of 1his1 Agroemant. (3) All policlias, excerpt for Arafasslional Viability, includirgl Wotiklers' Clampcnsartion, waive rights aflrecroveryl Isubrogaticln; against Town, itsi agenls, rerpresenlativesi, officers, offilaials and crmploycles fbr any claims arising out aflwoik or serviclesl plerrfortried by Consullant under this Agraerrlernt. (4) ACORD eentificale of :insurarlae farm 21' (2014/01) is prlafarrcid. If ACORD aeultificatu of insurainca form 2f (2001/0) is wieid„ then plvla,ses in the cancallat:icm provision "enderavon ta" and "but fWlurel to mail suaE nolicre shall imlplasa na atligat:iar ar liatility of any Id:inc upon 1he campainy, its agerils an reprascrntativas" shall] be deleitck. Clerrtificate forms othor them ACORD fbrm shall have siimilarrersllricltiuer languargle delated. 11.2 Required Ir suranco Covemaga. A. Commeraial General Lliabil1q. Clansultand shall ma:inllain "ocuurrenca" form Clammerrc:ial Gonlaral Liability insuranccl w.'111 an unimpaired limit of nal less) lhlan $],(1(1(1,000 for each occlurrencer, $2,00(1,000 Braducts and Cclmpleltcic Opcnations Annual Aggregates and a $2,(1(1(1,000 General Agglragailei Limit. Ther plc liay shall clover liability ar's:ing from premises, cperailions, independent canlracllors, produclls- cromplleterd opt rations, pcsrsonal injury and acuerrtising injury. Coveragla undeni the palicy will ba at least as broad as ISO policy Rrm CG OCI 010 93 or equivallant thcmeof, including bur not l:imilad lo, scrparal ion of insurcid'sr clausci. To the firllasl exlenl allow& t y law, fc r cll aim sl arising our of l thcr perrfbrmanlcie of th is Agreement, the Town,11 a aglents, reipresenlalives, afficcns, offlclials and arnplayaes shall be eitod wi an Add:ilional Insurad unceir ISC, Commerciall General LiabiliVN Additianal Insured Endanseimcnt forma CG 20 1(1 03 97, cr equivalant, wfieh shall road "'Who is an Insured (Secltiarl II) is atncrrded to inc:lude as an insured tha person or ongamiaation shcwn in tha 5ahedulla, bill only w:11h resspescl to liability, airisling out of "ycur wotlk" for thal insiurad bN or fotl you." Ifl any Excess iwiurlancrer hi utilized to fulfill 1he rlequiramarrts of this siubsclation, such E -reeds insurancla shall] ba "follaw forlm" aqua] or braader in coverage sclope than undculying imiurancla. B. Vehicles Liabililti. Comuiltant shall marin'lain Hus:inass Audomabila Viability inslurancle with a limit oil $1,000,(1(1(1 crachl oaclurrencla on Consultant's owned, I ired and nan-awncrd vuhicllers assignad to on used in the parformanae of ti er Canlsultant's work or seuvicres undor this Agraement. Claveiraga will be al least w broac as ISO aomerage clode " I " "any auta" pol iciN form CA 00 (11 12 93 or equivalant 1 heraof. T a tli a fiallcisl exlent allowed ty law, fdr claims atlisir.ig out of tha perfkrrmancle of 1his1 267245].:1 Agrecimcril, 1he 'loran, its agants, rapresenlatives, afficcirs, diraclan, officials and employcies shall be aitcic as an Additional Insurad under 1190 Businciss Auto policy Designaded ]Insurad Endcroscimcnt farm CA '21(l 48 or aquivalent. 11f1any Bxeass imurancie is utilized to fulfill the miquiremenm afllhis sutscict:icri, such Dicess insurairica stall to "follow ftirmi" equal ar broaden in coveragei scopla than underlying inmiranco. C. Prcifbssional Liability. If this Agraamant is 1he subjecl of any professional scirvica.i orwork, or iflthei Carisultaril cngagos in any plrcfeissicnall servica.'i or work adjuncit or nesidual to pcirfbrming 1he work under Illiis Agreiamant, 1he Canisultar.it shall maintains Profbss:ianal Iliatil:ity insunariae wavering naaligant errors and omissions ari.iing out of the 8cirviaos panfbrmad by thea Consullant, or anyonei emplayad by tta Consultant, or anyonia ftm wNasa negligent ants, miistalca.,i, errors and arniissioris tha Consultant i.i luga:lly liatle, with an unimpaired liability insurance limit aft $2,000,000 each claim and $2,(1(10,00(1 annual agflragale. D. Workers' Compensalion Insiranca. Consultant stall maintain Workars' Complensiat:ian insurance to clover cbligatians imposed Ey fedeiral and slate slaWtes having juri.idiclion over Consultant's cimployaes engaglad :in 1he pcirfhrmauiaa of work on sanvices under This Agreement and shall also maintain] Fmp:layars Liability, Insnuianea of nol less than 115100 (ICIO far ciach a cic;idant, 115140,000 diseaisa far aach emiploycia avid 111,000,000 diseiase policy l:im:il. 11.3 Canctilhilion arid BUiration Ncliaa. Iwiunanca raqu ireid 11 arein stall nal axpira, be canceled, on be malenially changad w;ilhout :10 days' prior wr:itflan notica to tha Town. 112. Termination; Cance llation. 12.:1 For Tawn's Convaniianca. '➢his Agreiement is fbr the aur ven:ienaa of ttei Tlown and as such, may be termiinaled vitt cut causa after rieceipll by Consultant af1wrilUn noliaa by the Tawn. Upon lerminalion for convenienca, Consultant shall ba paid for a:Il undisputad scrviaeis plarforme c to tha Ierminalion data. 11.2 For Clausa. If ciither parly flails Ila perfarmi any abligatian pursuianl to This Agreiemenl and such party fails to aure its nonperformance wi:ilhin ?ICI daiy;i after noliaei of nonperftrmance is gliven by tha non-dcifhullingl party, such party mill be in d(ifbull. In 1he evanl of stiah defhult, the non-deifaulling panty may teirminatei this Agreement immad:iataly for causa and mill have all remedias ttat are availablei to it at law or in ciquit)1 includir.ia, without limitartian, tha reuriady of spaciific perfbrmanae. If tha nature of tha dafaullling party's ricmperformance is suich that it cannal reasonably ba cured within 3Q days them 1he defaulting panty will havci such addit:ianal penial s of timci as may bei reasonably nieces Bary undcr the oircurmilanaas, prov:ideid 1he deftiullling party immediateily (A) provides writtan niatice to 1he non-defliultina party and (B) commcnccis to aure its r.ianperfornanca and lheroafteii diligently cantinas to complalion tha sure of fila nonperfbrmanaa. In no civant shaill any sunt curci per'ad cxcciad 90 days. In tha event of such lenrinalion ftr aause, payment shall ba made Ey the Tlowr.i to the Consullanl for 1he undispuied port;iani of its fee due as afltte lermiinat:ian date. 2672CIA A 6 12.3 Due tc Work Stappagei. This Agrciernanl may be terminated by the Tlowr. upon Rl claiys' written noticci to Consulllant in the event that the Servicies ara permanently Eibandonec. Int thea evant of such teirminialion dua to woiik sloppaga, payment shall bei made by thlei down tc tli ea Cansulltani fbn tble undispluled portion cif its fea due as afltha 4erminalion dale. 12.4 Conflict of Interest. This Agreamienl is subjecat to thea provisicns of ARIZ. REm. TAT. § 38-511. Thea Town may cancel this Agreement without penally ar furtlhcn oblligalions by the Town or any cfl its dcipartmienls car agenciies if any person signiflciantly imalwic in initiating, negatialing, securing, draflling ar creating this Agracmeant cni behailflcf the Tawn or any cflits departments or agcncie.i is, at any lime while this Agreaeamcnt ar any ciNtens:iar.i of this Agraenmarit i,i in effec 1,, an employeca of any other party la this Agreement in ainy ciapaaiN or a comiultar.t to any alher pantN of this Aglreemenl with respect to the subject miailler aflthis Agrearn ant. 112.5 Grahlitimi. Tlia Tlown may, by written notice to the Consultant, car.icel this Agreement if it is fbund by tha Town that gnawilies, :in thea form cflecionomici opparlunityj, future ampluNment, cnterla:inmenl, gif s cr atherwisa, were offeree car given by the Consultant or any aglent or repnasenitalive of the Clonsultant tc any afficer, agent or camplcycae of the Tlcwn foii the purplasca of seacuring this Agreement. In the event this Agreement is canceled by the Town pursuant tc this provisic n, the Town shall] be entitled, :in addition to any ather righli and ranee ies, to recaover and withhollc froom the Consultant an amount caquial to 1510% afltha gratuity. 12.E Agrecamanl Subjact to Appnopniation. The Town is obligated only to play its obllig0ions set forth in this Agreement wi may lawfillly be made from filncs appnopriatad and bucgletad for that purpoaie during the Town's then calirrant fiscal yeaua. Tll a Town's obligations u nc ala this Agreement Eire currant expenses sub fact to the "budget law"' and thea unfettered legisllative disenalion of the 'flown ecr.iceming bucgated purposes End aplplrcpnialion of filnads. Should the Tlowr elecd not tc aplprcplriale and budget funds to pay its Agreeimcint chligatiomi, this Agreement shall bei deemac terruinaled at the end ofIthe lhani-currant fiscal yeian term for whiah sucah funds wenae approp.daated avid budgatec fbla such purple se aand thea Town shall be relieveid of airy subsaquenl obligation under this Agreamcnt. Thea panties agree that the Tawn has no ctligaticr.i on duty of good fhitll to budget car apprapriata tlia playment cflthci Town's oblligatians scat fontli in this Agroemcar.it in any budget in any fiscal year either than the fiscal year in which this Agreement is axeeuled enc delivered. The Town shall be the sola Judgca and authority in catarniiring the availability of funs ftr its obligations under this Agmiemant. The Town shall keepl Clansultanl infbrmied as 10 thea availability oft funds fon thi,i Agreement. Tho obhlglation of the 'flown to make any payment pursuant to lhis Agrecament is not a general cabliglation on indehledne,as aft the Tawn. ClonsultEar.at hereby waivcis any avid all rights to bring any claim agaimil the Town from on relating in any way to the Town's termination ofl this Agreeunanat pursuant to this section. 13. Miscellaneous. 1=1.1 Ir.ideapendant Clantractcr. It is clearly uindalaslood that each party will act in its individual capaciily and riot as an agent, employeie, partriein, joint venWrar, or associate of the ether. An amployec or agent ofIcarie party shall riot be deemed an construed to be the emplaNae or agent of the other far any puiTlcase whalsaaver. The Consultant acaknowledgcis and agrees that 1672453.1 7 the Services pravided under this Agreement area Ning promidcic as an independent c ar.itra citor, nal as an employee or agent oft the 'flown. C ansuiltant, :its employees and subcontractar: arei not entitled to worldars' campcmisalian tenefits home the aloAr.i. Me Town doa9 r.iat have thlei authority 10 supervise on eantroa lhle actual world oft C onsultanl, its amplaycies or subcontractars. Me Cansullanl, and nal tha Ilowri, shall determuina the time afl its perfbrmianeo of thea seirvices pravidcc under thhis Agreement m long as Clonsultalnt merits the requirements of its agreed Scoplei of Moak as scat fbrtH in Scict:icn 2 above. Consullanl is neither pioh:1 itcc from cinitering into otHcir contracts nor plrohibiled from praelicing its priofcssion alsewhcre. 'flown and Clorsultaft do not inlek to nor Ail] they aomtj ine business oplanalions unidar this Agmemenit. 13.2 Applicable Law; Meru e. This Agreement shall be governed by the laws of the Stata of Ai izana and suit pertaining lo This A greamienl may be brought only in aourts in the Mari capla Clatinityl, Arizara. 13.3 Ilaws and Regu talions. Consultant sHalll kcieip fuL''ly informed and shawl al all times during the planformanca of its dudieis under this A plreemant ensure Wal it and any garsan for whom t11a Consliltaril is resplarisible abidas by, and remains in aompliance wit], all rules; regulations, ord:inancas, statuitas or laws affeeling the Scirviaeis, including, but nal limited to, tho following: (A) existing and fizlune Town and County ordinancas and negu:lati ans, (B) cucist:ing ane future State and Bederal law:i and (C) existing and fut>.lne Occuflationa] SafetN and Health Administration gitandmids. 13.4 Amendments. 'Ehis Agreement may be modified only by a written amcndmard signeid byl paniaris duly authorized to enter into cantraatsi on E ehlallf of the Town ar.ic lha Consultant. 13.'1 Promis:iaris Raguirac >jy Law. Bach ane emery provision of law and any alalisa raquirec by laws to be in Ibis ABraemenl will be road and enfbraed as though it werci inc:luced heueir.i and, ifIthrougll nf stake or olllerwisci any such provision is nal inscirted, or is not correcitIN :inscirttid, then upon tha appl:icalion of eilher parly, this Agreeiment wile promptly be phllsically amended to make such] ir.isartian or aarraclion. 13.6 Scviorability. It pramisions cflthis Agreiemarit ara severable to the amilenl that any priov:ision or application held to be invalid by a Court of completenl jurisdicdicn shall not affect anyl otheir pFomis:iari cm application of this Agreemenl which may remain in effbcl withcul The inval:ic priomisian or application. 13.7 Rolatianship of the Bari ies. Itis clearly] undevilood 1hal each party] will ad in i11s individuall aapaciN and not as an agenl, employee, partner, join) mendurer, or associate of the other. An employcia or agent ofl one part] shawl not be ceerned or construed to tjei the amplloyeei or agcirit oflthci other fbr anyl purpose whatsocivar. The Cansultant is adviiaed that taxes or Social Security playments will not be withheld ffam any `Bowra pay menls issued I araunder and Consultant agrees la be fully and solely responsible for the paNmenl of such laxes or any oilher tax aplplicab:lei la this Agreement. 13.8 Enitine Agreement; Irlerprataltiari; Aanol Fvidenae. This Agreement reprasonts the enlire agreement of the parties witf nespeat to its subject maltar, arid all previous 2672453.1 FI agpleam eni s, whether ara or written, entarned into prior to tl i s A greclm eni are hcnieiby ravokec anc superscced by this Agreement. No rapresenlatiomi, warrantiasi, induiaemients or aral agreamar.lts have belen mads by any oil the parties axaeplt as axpnessly set forth herein, or in any othar cantamporanaous written aflraement axeauteid for tha purposes of carrying out tho provisions of tYli s Agreement. 'Db i,i Agreem ant shall la construad and i nterplratad according to ills Allain meaning, and no presumption shall bel deamcc to apply in favar of, cr against tHei party drafting Vhis Aglraemient. Tho parties acildawledga and agrele that clach Has had the aplplartuniq to seak ane utilize) lagal aauris(ll in the drafting afj revuiaw of, and entry into this Agraerrant. 13.01 Assignment; Delegaliot). No rigll on interest :in this Agraemant shall lei assiglnad or delagalad ty Consultant without prier, wirl:iltelri permission aflthe Town signad EN that 'Dawri Mainagar arid no dedciglation oflany culy oflCcimiultant shall lies made without prior, written pclrmilssian cflthcl Tawn signed by Iha Town Managers. Any attemptad assignment or daleglaticnl by Consultant in violation of this provisions shall t a al bnelach of this Agraamant by Consu:llanl. 13.1{I Subcontiaat9. No subcontract shall ba enilared into by Iha Consu:Ilani with any otheir party to furnish any of tha material or slarvices specifrac heroin without tha prior w-'Itciri apptoviall aft the Town. Tlle Consultant :is rlasponsiblle for performanaa under this Agraamant whathan ar not subacmtracdorsl are used. Failure to pay] subccntlaelors in a lamely mann irpursuant to anN subcaritiacll shall be a material breaah afathis Agreament by Consultant. 13.11 Righlsl and Rerriadicgi. No provision in this Agreameni shall ba construed, expressly or by implication, as waivar by the Town oft any axisting on fulture right anc,lor ramady available by law in the event of any claim of dciflinrll or breaclhl oil this Agraamant. Me failure of the 'Dowri to insist upon tha strict parformancel of any tarm or condition of this Afflecimcnl on to axeraise on delay the axeraise oft any riglt or ncimedyl pravidac in this Agraemant, or by lawn, or the Tcwn'sl acceplanca oft and payment ftir servicas, shall nal relclase tha Cansultanil from any rasponsibilitlasl or obligatiom implascid by tlis Agraement or by law, and shall not be caemed a waiver of arty night of Iha Town tel insist uiplan Vha strict parfarmance aflilhis Agreement. 113.13 Atllarne, sIL' Peels. In the event eiitlar party brings any action fdr any relief, declaratory an othoviscl, arNing out oil this Agreement on on aacounl of any breach on dafhull hcaieof� the prevailing party shall be eri i4lec to racaive from the othar party xiascriabla eat( rrlaysl' feces and reasarlable costs) cmc axpenscis, c atelrminad by the caurl silting without a jury, wahiah shall be dcamcld to have accrucc on the corrimienaamant of such aation and shall ba anforaad whalher or nat such acidari :is prosaculed through judgment. 13.13 Biens. All materials or scirviceis sheen ba fncia of all licrosl and, ifl the Town requests, a four at rlelaase of ala liens) shall be de:liverec to the 'flown. 113.14 Offset. A. Offset ftlr Damages. In addition to all athen remiedias at law or equity, Iha Town may offset from any money duel to the Consultant any amounts Consultant owns to the Tewin fbn damages resulting from bnclach on derfreienciasl in performanael ar breach of any or ligation under this Agraement. E. Offs cit for Delinquent Ifetas or Tlaxcas. Thea Town may, offsat fram any mariay cue to thea C ansultant any arriaunts C ans t ]tar 1 awes to tt ei Town for delinqueant feeas, transaclion pnivileage taxes am praperty laxm, includ'ng any :inlereasl or penalties. 1115 Noticeas and Rtiquastsa. Any noticae or calhen communisation required or plearm:ittcad 1a ba givean under this Agreeamcnl shall be in writing and shall be daemad to have bean duly givan .ifl (IN celivereae to 1he party aat 1he address set forth below, (E) deposilad in tt e U.S. Mail, regislered or caertificac, return reaaipl recluasted, to thea address set fbrih belaw or (CI; given to a reacaogn'aied and repulabla ovarnig1t delivery searviao, to the adcress set forty below: If 1 o Ole Town: Town of F ounl ain Hills 16705 East A venua of I thla Fountains Baunitain Hills, Aiizana 8526E A ttrt: Grady E. M i:ller, 'flown M anaflar With caopy 1O: GuST RosEN FIELL] H.I.C. Clna Basit Waishington Street, Suila 1( CIO Phaenix, Anizona Elfl(ICI4-2553 Al tn: Andreiw JI. M cC uira Iflta Cons ullant: J2 Engilneering & Bnvircmmental Design, B.L.C. 4 E 49 Hast Cottan C in Loop, Sunil e B2 Phoenix, An:iaonia W04 0 Al tn: aaffbry Eng:l amann or at such other addrass, and to the altemitian of sucah other person or officer, aE any party may designaatca in writing by nolice duly fliven pursuant to this subsections. Naticaes stall be doemed reaaived (A) when delivared to the party, (B) three bus:inieass c ays after being p:Iaacead in the U.S. Maill, proparly adciiessead, wilh suffluienl poslagea or 11C1) the fcillowing ljus:iria.;s day afler beiing givor.i to a recaagr.aiza au arnagt t de. ivery services, with tt ei person giving tt a noticae paying all requbed aharges and instruciling thea daliveiry servicca to deliver on thea following business day. If a copy of a noticae is also (liven to a party's caounsaal or athcr reacipieant, 1he prov:isians abave governing 1ha data on which a notice is c aemed lo t ave beien reaaiveid by a party shal:I mcaan and refer to thea dale on wt ich 1he party, and nal its cotrisal on athero reaipicant to which a coply Of 1he notice maybe sent, is daemad to Have recaeived the notices. 121.116 Clonfidential:ilxof Recaords. The Consu:llant shall establish and maintain proctacuresa and aantrols that area acacapltatle tca 1he Tawn fbr thea purpose of enstrirg that. infonriation contained in its records car obtaaincad firorr thea Tawn or fram otters :in carrying out its obligation,, undar this Agreeimonl shall not baa used or cisc:Icascad by it, its agenl.a, offiaars, or amplloyeeaEi, exaapt as required to perftarm Comultant's cuties under this Agreaemant. Persons requesting suah infbrmation shot ld la refkarred to tha 'flown. Consultant also agraes thal any inforrriation pertaining to indivieuall flersans shall] not be divulged otter thin to omployecas or offic era oflConsultant as needed fbr tt a plearformancci ofldutieas undar lhi;a Agreeamcant. 2672453.1 110 111-i Raconds ane Audit Rights. 11a ensuzie Thal tha Consultant and its subccritracstors acre complying with the warranty) Lricen subsection 13.18 Ealow, Consultalnt's and its subcantractons' books, nciaords, corrasplaridancei, accaunt'nil prsoecidures and practices, and any other suplp arling evidancei ralaling to ibis Agraemcnt, incsfud'rig tha paplans of any Consultant nt and it subconUacilons' employeses who pcmform any wordc ar saniiaes puriaivanl to this Agraement (all oil the foregoing hleminaften referred to as "Raconds",, shall t a open to ir.spactions anK aubjact 10 au6t and/ar nepnoductian during riarmial wanking hours byl 1he 11own, to 1he axtoril necessary 10 adaqualely permit (A; evalualion wind verif aatiar of any invo:icses, playments on clams base& on Consulland's anc :i1:i subcontiaclors' actual ao<ita (:iricluding direcil ane in6necst coasts and avanhead allocsations) irscwased, ar unils experscad direcdlyl in 11a plarformance of work) unear lhlis Agreemesnt anc 11P; avaluat:ion afllhe Consultant's and its sutciontraatorsi' compliance with des Mix= employer sasnclions cavus referenced :in sLibsciations 1=1.:18 balow. To the extant neaassary fon the Town to audil Recsoii& as set fbntr in thi,�i subsectian, Consultant avid its subcaritnaatons haraby waNe any rdghls to ]ceep suah Records aanfidenlial. Far the purpose of esvalualing on vcrifyins8 such acstual on claimed costs on units expanded, 1he Town shall haves access la said Recsords, evan if lacaled at its cubconilraclots' flacsi:lit:ias, from thle effective dates oflthhi9 Agnemncrsl fon 1he euration ofthe murk and urilil three }lesans afiler lhle data of final payment t yl tha Town to Consu:llanl pursuard to this Agnaament. Consultant and its subcarstractors shall provides the Town with adequate ane appnopniate workspaces so that the Tawn can aanduct audits in comp i aaaa witt the pnovis:ians of ibis sutsccition. 11he Town shall g'vcs Clarisulland ar ils subcontnacitors neasanables advance naliae ofl intended aud:ils. Clonsultanl shla]l nocuine its subcantracstars 10 aamip'IN with the plravisions cif this subsodion byl ir.ssertiars of the rsequinerrients heresafl in ams}{) subcanlracit pwsauant to th's A€lresernent. 13.18 H -verify Requirements. To tha extent applicable undar Am. REM. STAT. § 41-4401, tha Consullansl and its mitcontractars vuananl complliancse with all fcidersal immigralion laws and regulations than relate to their erriploylecw and Their aamphiamioe wilh the EI - verify requirements under A.m. REu. STfiT. § 23-214(A,. Clcr.ssultarl's on its subconUaciton's failure to csorng]N with such warranty shall hes deamed a material traacshl of this Agroamant and mayl result in tha lerminalion of this Agreement t yl the'lown: 113.151 Conflialing 'Berms. In thea event of asny :inaonsislency, csonf.icl or ambiguity arriang the lerrris of this Agreement, the Scope of Work on the Fese Plraplasal, the documents shall govern in tha order lisled hlemcin. 1120 Non -Exclusive Contract. This Agreement is emitcred irdo w:ilh the undcr.dlanding esti& agiiaemenl that it is for the soles convcmicsrice of tlha Town. The 11own reserves tli a dight to obtains like gaads and services fhom another sources when neeessasry. (SIGNATURES ON FOLLOWING ]RAGES] 2672451.1 1 ll IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Mil r, T n Manager ATTEST: Bevelyn J. B fder,(X'own Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) as. COUNTY OF MARICOPA ) On e- 1�3-2016, before me personally appeared Grady E. Miller, the Town Manager bf the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. JENNIFER LYONS Nolery p i Co Co plgrizona Mamicapa County My Co m'0"Vn Eapiree '%ri?' Apri109, 21119 NothyPubl' (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2692451.1 12 "Consultant" J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company Y• {�� Er9f�t�rytp..vt✓1 I ct • PI ajcd, (0 - (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) 0, fA�j 23 , 2016, before me personally appeared T-L-f�f- £rnpdrytk.vt✓t the VI cei Pre6icleyyt of J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. �pn�b t�Jz� Notary Public (Affix notary seal here) KARLA a HUNT NOTARY PUBLIC STATE OF ARIZONA 16 MARICOPA COUNTY MY COMMISSION NUARY 2.5, 20201RES 2692453.1 13 HXIHIBI'] A 110 PROHESSIONAL SHRMICES AGREEMENT EIETVJEHN THIN TOWN OF HOUNTAIN HIILILS AND JAI ENGINEERING & HNVIRONMENTALI DIESIGN, L.L.C. [Scopes of World and Hee Hroposa ] 9eie follawing pages. 2672, '1J.1 Q ;y tr f an a Ina e, Ina ane April 2016 .nama,aama a.eis� Mark Mayer Director of Parks & Recreation Town of Fountain Hills 16705 E. Avenue of the Fountains. - Fountain Hills, AZ 85268 Re: Adero Canyon Tra0head Bid Documents Dear Mr. Mayes J2 Engineering and Environmental Design, LLC (J2) Is pleased tosubmit. the attached scope of services (Exhibit A), man-hour estimate and fees for professional services regarding the'subject project. The proposal Isbasedon our recent discussions with you regarding this project, our team Includes the following subconsultants: 1: Wright. Engineering for Electrical Engineering 2. Orson Winslow Partnership for Architecture Update Restroom Design 3. RAMM for Geotechnical Engineering 4. '.Native Resources Plant Inventory 5. Structural Grace - Update Structural on Ramada This special treilhead projectwill result in the realization of a process started by the Town over a decade and that is finally coming to realization. MCO Properties and their development agreement with the Town of Fountain Hills dictate that thetrailnead and, access to the trallhead was of the highest priority The Town has set aside monies from Development Fees specifically for this trailhead project and with MCO moving ahead with Adero Canyon will. provide the public access and utilities for this traiihead development. TASK A Create Bid Documents (95%,100%and Bid Ready Final Submittals) $98,808.00' A. J2 Plan Design Update - q,780.00 B. Wright Engineering Electrical Design '$ .. C: Orcult Winslow Partnership Architecture Update Restroom Design $11,750.003,400.00' D. RAMM for Geotechnical Engineering - - $1,850.00 E. Native Resources Plant Inventory $ F. Structural Grace'- Update Structural on Ramada a 5539:00 Total - $126,127.00 The scope andfee proposal as attached was developed to address the Issue related to updating the plans completed by the Design Team in 2006 to current standards. and putting all documents in one phase. We look forward to starting this exciting project promptly following your approval. - Sincerely,. . J2 Engineering and Environmental. Design, LLC . Jeff E nn, R A vcresident- _ -----4643 E. Colton Gin Loop, Shite 132 -- --- - Phoenix, AZ 85040 Men 602.43&2221 fax 602.438.2225 ' q..YfAIN yf�N 4l /b11, N��V Exhibit A Scope of Services Project Title: Adero Canyon Traiihead Bid Documents' _ TASK A - Adero Canyon Trailhead Bid Documents The Town of Fountain Hills in partnership with MCO Development has Initiated the development of the Adero. Canyon Trailhead project through a series of development agreements. -J2Was responsible for completing, theplansfor this trailhead in 2006 and has been requested to bring .those completed plans,. specifications and construction estimate forward to 2010 standards and prepare.lhe constructiondocuments for bidding. - The design efforts for this phase of work will include the trallhead design as shown in the Master - Plan completed by J2 and depicted below. F'�.-Y Y�{�w, rods°�°Y7�—� 9� t� ¢ n r rys. (I�sr r���}•. y rhsa wT gC �f� r "la I A TOWN OF FOUNTAIN HILLS ADERO CANYON TRAILHEAD. TASK A 100 - Data Gathering Update BaseInformationfor the AderoCanyon Trailhead 'Purpose: To, collect site .data, utilize the recently completed topographic survey, provide an updated native plant inventory, utilize the underway/completed cultural and biological clearances and initiate a new geotechnical engineering required for the construction documentation effort; - - and gather staff input to finalize pavement section and other trallhead and pedestrian enhancements goals and objectives. - - Method: A. Review base information and background data B. Coordinate downloading of newly completed -survey and topographic mapping @ 1 foot contour intervals for base data development - C. Coordinate new geotechnical engineering and soils evaluations D. Coordinate downloading of newly. completed cultural and biological clearances and identify any potential impacts to the site design E. Define utility needs and potential coordination issues F. Confirm project program and design elements with the Town G. Confirm project budget - Products: - Initiate new field notes, photographs of site Download recently survey as base data • Initiate Geotechnical site samples • Download recently completed Biological and Cultural Clearance Report Initiate Native Plant Inventory • Review final project program and project budget allocation with Town Staff Provide two (2) copies of Geotechnical, and NativePlantInventory Reports for review to Town: . Meetings: - • One (1) Project Kickoff & Site Visit with -Town Staff and Design Team. J2 will have five representatives a( this meeting: our Project. Principal, Project. Manager, - Project Landscape Architect Project Engineer and Protect Designer. Time includes travel time to.and from the site. This treating is programmed to be four (4) hours In length. J2will prepare 'the. agenda, sign in forms, base sheets from topographic survey to initiate discussions with the Town. J2 will issue meeting minutes following the meeting. • one (1) Progress Meeting with Town Staff. J2 will have three representatives at this meeting: our Project Manager, Project Engineer and Project Landscape Architect. This meeting is programmed to be two (2) hours in length J2 will prepare the agenda, sign in forms, and preliminary plan sheets and details for discussion with Town staff. J2 will issue meeting minutes following the meeting. Task A 101 - 95% Pre -Final Design , Purpose: Revised plans previously developed In 2,006 for the.Adero Canyon Trailhead by J2 and bring the plans, specifications and estimate up to 2016 standards. Anticipated SubmittalslProducts - - J2 shall submit.four (4) full size sets of plans and four (4) half sized sets :of plans developed I a 95% level of completion to the Town of Fountain Hillsfordistribution and - revlew and comment -'- Plan set forthe Adam Trailhead updated to current standards is anticipated to include the following:. • Cover Sheet(1) • Area Plan (1) • Site Pian (1) W® pmpared for Town of Fountain Hills 3 of 7 J2 Engineering & Environmental Mtign TOWN OF'. FOUNTAIN HILLS ADERO CANYON TRAILHEAD • General Notes • Plantlnventory • Plant inventory • Limits of Distud (2) nary Data (1) Erosion Control (3) Pian Sheets (2) Layout Plan Sheets (2) - rage Plan Sheets (2) - I and Details (8) and Profile Sheet (1j _ at (1) Bets (3) nd Signing Notes(1) nd Signing. Plan Sheets (1) is and Details (14). See Sub Scope of Work Votes Sheet (1) r Sheet r11 le Plan Sheet (2) re Detail Sheets (9) Structural Notes (1) See Sub Scope of Work. Plans and Sections (1) See Sub Scope of Work Structural Details (1). See Sub Scope of Work General Notes Sheet (1) SI ImTAN Sheat (11 Irrigation Plan Sheets (2) Irrigation Detail Sheets (2) • Electrical Details (2) See Sub Scope of Work • Electrical. Plan and Notes (1) $4e Sud Scope of Work - o Drainage Report o Set of Specifications in MAG format for bidding purposes :o An Opinion of probable Construction Cost Estimate Anticipated Meeting One'(1) Progress Meeting with Town Staff. J2 will have three representatives at thls meeting: our Project Manager, Project -Engineer and Project Landscape ArchitecL.This . meeting is programmed to be two (2) hours in length. J2 will prepare the agenda, sign m, forms, and, preliminary plan sheets and details for discussion with Town staff. J2 will Issue meeting minutes following the meeting. Comment Resolution Meeting. J2 will have three -representatives at this meeting: our Project Manager, Project Landscape Architect and Project. Engineer. Time includes - travel time to and from the site. This meeting ,is programmed to be two (2) hours in length. J2 will prepare the agenda, sign in forms, and comment resolutionform for . review and approval of comments received. J2 will issuemeetingminutes following the . meeting. Task A 102 — 100 % Pre -Final Design PurpoPurpose: To provide pre -final construction documents, specifications, and opinionof se: n _ probable cost for the Town and Team design review:- Design Team wilCc6ordinate with Town staff and.CMAR If this delivey method is utilized.. Anticipated Submittals/Products • J2 shall submit four,(4) full size sets of plans and four (4) half sized sets of plans'- developed to a 100°h level of completion to the Town of Fountain Hills for distribution and review and comment. - - • Plan set for the Adeno Trailhead updated to current standards is anticipated to Include the - - following:. • Cover Sheet (1). - - Area Plan (1) W PmP.ua for Town of Fountain Hn. 401`7 J2 Engineering B Envlmnme'nlal Design TOWN OF FOUNTAIN HILLS ADERO CANYON TRAILHEAD • - Site Plan (1) • General Notes Sheet (1)' • Plant Inventory-Plans(2) - - . - Plant Inventory Summary Date (1) Limits of Disturbance Erosion Control (3) Demolition/Removal Plan Sheets (2) - Coordinate Geometry Layout Plan Sheets (2) - - Paving Grading/Drainage Plan Sheets (2) - CivilTypicalSections and Details (8) - • Sanitary Sewer Plan and Profile Sheet,(1) Water Line Plan Sheet (1) - - Storm Drain Plan Sheets (3) Pavement Marking and Signing Notes(1) - - Pavement Marking and Signing Plan Sheets (1) -Restroom Plan Sheets and Details (14) See Sub Scope of Work • landscape General Notes Sheet (1) _ - Landscape Summary Sheet (1) `Landscape Plan Sheet (2) - Landscape Detail Sheets (9). • - .Ramada Structural Notes (1) See Sub Scope of Work - • Rarhada Plans and Sections. (1) See Sub Scope of Work Ramada Structural Details (1) See Sub Scope of Work - • Irrigation General Notes Sheet (1) _ Irrigation Summary Sheet (1) - Irrigation Pian Sheets (2) - • Irrigation Detail Sheets (2) - Electrical Details (2) See Sub Scope of Work Electrical Plan and Notes (1) See Sub Scope of Work - o Drainage Report o Set of Sealed Specifications in MAG format for bidding purposes - o ARevised Opinion of Probable Construction Cost Estimate Anticipated Meeting - one (1) Progress Meeting with Town. Staff. J2 will have three representatives at this :.. - meeting:.our Project Manager, Project Engineer and Project Landscape Architect. This meeting is programmed to be two (2) hours in length. J2,w111 prepare the agenda, sign in forms, and preliminary plan sheets and details for discussion with Town staff. J2 will. issue meeting minutes following the meeting. - Comment Resolution Meeting. J2 will have three. representatives at this meeting: our Project. Manager, Project Landscape Architect andProjectEngineer. Time includes. - travel time to and from the site. This meeting isprogrammed to be two (2) hours in length - J2 will prepare the agenda, sign in form$, and comment resolution form for review and approvall. of comments received. J2 will issue meeting minutes following the meeting. - Task A 103 - Final Design - Plans, Specifications, and Estimate (PS$E) Purpose: To provide Final' Contract Documents, sealed by an Arizona registered professional per each respective area of expertise, suitable for public works construction. Deslgn.Team will coordinate with Tom staff and shall also assist the Town during this phase by answering contract document questions and preparing necessary addenda. for. construction, Design Teamwill coordinate with CMAk if this delivery method is utilized. - Anticipated Submittals/Products - - J2 shall submit one set of full sized sealed plans and four (4) half sized sets of sealed plans developed to a bid ready level of completion to the Town of Fountain Hills for - bidding, - Prepared for Town of Fountain Hills 6of7 - J2 Engineeringg 8 Enumurnenfsl Design TOWN OF FOUNTAIN HILLS ADERO CANYON TRAILHEAD Plan set for the Adero Trallhead updated to current standards is anticipated to include the following: • Cover Sheet (1) _ Area Plan (1) Site Plan (1) Genaral.Notes Sheet (1) • Plant Inventory Plans (2) • Plant Inventory Summary Data (1) • Limits of Disturbance Erosion Control (3) • Demi Removal Plan Sheets (2) • Coordinate Geometry Layout Plan Sheets (2) • Paving GmdinglDrainage Plan Sheets (2) • Civil Typical Sectionsand. Details (8) - - • Sanitary Sewer PlanandProfile Sheet (1) - Water Line Plan Sheet (1) - • Storm Drain Plan Sheets (3) Pavement Marking and Signing Notes(1) Pavement. Marking and Signing Plan Sheets (1) - • Restroom Plan Sheets and Details (14) See Sub Scope of Work • Landscape GeneralNotes Sheet (1) Landscape Summary Sheet (1) - - Landscape Plan Sheet (2) Landscape Detail Sheets (9) • .Ramada Structural Notes (1) See Sub Scope of Work - Ramada Plans and Sections (1) See Sub Scope of Work: Ramada, Structural Details (1) See Sub Scope of Work Irrigation General Notes Sheet (1) Irrigation Summary Sheet (1) • Irrigation Plan Sheets (2) - • Irrigation Detail Sheets (2) Electrical Details (2) See Sub. Scope of Work Electrical Plan and Notes (1) See Sub Scope of Work a Sealed Drainage Report - o Set of Sealed Specifications in MAG format forbidding purposes. o. A Revised Opinion of Probable Construction Cost Estimate Anticipated Meeting - - - - ' Bid. Ready Meeting. J2 will have three representatives at this meeting: our Project Manager, Project. Engineer and Project Landscape Architect: Time includes travel time to and from the site. This meeting is programmed to be two (2) hours in length. J2 will prepare the agend4; sign in forms, and questions regarding coordination of bidding documents with Town. staff. J2 will issue any meeting minutes following the meeting. - EXCEPTIONS` - - - - The following tasks are not included In this scope of services: 1 This scopeofservices does not Include the development of an ALTA, Boundary or Title ' survey, Property line, information shall be provked,to J2 by the Town. 2., J2 will utilize the recently completed _topographic survey of the site as our base file for all plan development. - 3. Town of Fountain Hills shall provide all necessary title reports to the Design Team to establish any boundary and easements. J2 has not included the development of creating any new easement's with this phase of the project. - - 4. The Design Team has not included any re -platting or rezoning efforts in this scope of services Prepared for Town of Fountain Hills 6 of 7 J2 Engineering 8 Envlronmenlel Ueelgn TOWN OF FOUNTAIN HILLS ADERO CANYON TRAILHEAD S. - Off -Site Improvements (design for Improvements outside -the Trailhead removal area as shownin the site plan previously submitted is considered outside of this scope of . 6. services. Reproductions beyond or above what has-been stated shall be covered by the Town. 7. J2 is not providing any permitting or fees for any. permiffing or permit reviews S. Construction, Management Services (Post-design assistance/Construction Administration 'Services are not included in this scope) 9.. 'J2 will not provide any 401, 404, 408 permitting or USACE reviews. 10. J2 will not be providing any hydrant Pow testing. -. - 11. Potholing has not been included in this scope of services. -12. Thisscope of work does not include any public involvement. meetingsandor the -preparation of any 3d visual simulations 13. J2 is not responsible for the Contractor SWPPR The erosion control plans developed. as part of this set of documents can be used by the contractor as part of their SWPPP 14. process. Reproduction of all construction bid sets for this phase shall be paid by the Town of Fountain Hills (TOF) and have not been included in this scope or attached fee proposal. - 15. J2's scope of services does not include the design of any traffic. signal, construction sequencing, or traffic control plans. Traffic Control plans shall be the responsibility of the Contractor to get approved by the TOF:. 16. This Scope was developed around updating. the set of plansdevelopedby J2 back in 2006 and does not include wholesalechanges in design of any of the elements [outdoes Include refining the design features to be incompliance with the latest set of standards. - - 17: This scope does not include any Design Review Board presentations and or preparation of any graphics. - -- 18. This scope of services is based upon the availability of existing Infrastructure (water, sewer and electrical) services that were to be available at the site when construction was to be initiated. Any alternative designs (solar, pittvault toilet; water tank) have NOT been included in this cost. - Attachments: .See attachments for fee summary, subconsultant scopes of work, and scope exhibits. _ PwpamdI for Town of Fountain Illgs -- 7 of7 J2 Engiriaering & EnWronmental Design ---- - DERNFITION Olfi CIOEIT PROPOSAL: E 0SICIN SER% IC9EE TAE K A J2 En glinat ring l and Er viror mE inlW Dc si lgr , LI LC Estimated dineci labor and ialea (`lascifiraf ion Eslinalec Man Curieni Rales Total Project Princi al 16 $68.00 Total Elstimated Labon: $1,088.00 Pro ect Mana er 101 $57.17 9slirratec Dire( I Elxpenses Eslinialec Expenses 15774.00 Project Engineer '114 $42.50 $4,845.00 Engineer 88 $39.00 Reprographics, Supplies Etc. ' included in Overhead' $3,432.00 Pro ect Landscape Architect 103 $41.08 Subecinsultanls: Desigr $4,231.00 Desi ner 86 $29.54 $2,540.00 Designer • Su. 368 $37.38 Structural Grace • Stnucturai E ngineening $13,756.00 7olal Hciul s 876 Tallat Oirecl 1I n $35,6611.00 Total Elstimated Labon: Oveiheac Cal 151.85% ci 11 Uirect Labon llkitai Estimiated Ilahanand Overhead: 9slirratec Dire( I Elxpenses Eslinialec Expenses Taut Printing, Reproduction, Reprographics, Supplies Etc. ' included in Overhead' Tclal Direel Expenses Subecinsultanls: Desigr Wright Engineeaing - E lect ical Engineering Orcutt Winslow FEarineuship - Architeclune RAMMM - Geotechnical Englneedng Native Hesouices - h alive Plant Inventory Structural Grace • Stnucturai E ngineening Total 9stimated Clutaide Services: Total Satimated C (it t J9 r nd Sut cc nsultant fib e( Fee at 1U/o Englnearinflanc Environmental OesidnLEG (f 191/& Data Firincip a I 4,122A20'19 t Derivation - Tnall Y d Do, Ign $54,1 $27,31 c $'I'17,144 $8, 1lati 1 E stimiated Ccrst: $126, Fee Schedule a121/2Ut6 J2 Engineering and EnWronmental Deeign3 LLC f'"'i"1"''"be'L"A: Project Pro)ect Pm)ent Engineer, Pmjeettlecee Oeapealgner- L enplgnar Total Principal Manager Engineer ar AnNlkct MIN he'k IMXO Hata Colyton Ste Invest gatron '`�'?i, v - �C,'le 6 r:. 4 4 16 — - T— —777 Taek A 101 95% Dc. 9n _ • Plan Set for Adore Trallhead Cover SFee[(1) Fre. Plan 1 1 _ _ _. 1 2 SIIe Plan(11 2 Gene ml NolalzleI L. 5 Pant metro Plana 9 8 2a 36 Plant lmmla Su16 WM 3 B _ B 22 f01s mbmae Fms3on CanVd13) x < Z6 13 _ Oem0liate. mwai I 0..1 ] 1 a 2 GarSM1een Pro, Plan 2 1 a 2 G,le6eomel.e.Penner InO Gr alna ePbn ShttM 2 2 4 0 9 13 N 50 Iwl SeglmsmM Defil, a CMI 1 E a 33 16 la 58 I. San. Xwa%anrMPrallle SM1e& 1,L, 2 x 9 6 ]6 Wormlea Plan SM1eet 2 2 i B 16 Storm WW %enlheeb 131 1 2 a 0 16 Pavement Ma" end%anin Me Pawmenl Mx and FMtan 1 l Z eB 15 Pesimom Poen eeni Ce[alk la See Su Sropao rnorElnaM %an Vlen flehren[K 1 3 landsw aGmenl Nola SM1eet -- en .1 ..Z ___ larlee eMaSheetRl l6 2 b,aa eOdI15M10es B d 4 1 Bsanar mad.m 0 0 — .mada Plan, ma sttnani I1) Coordinate Pm waw .eferencn ] 1 t 3 Pamatla 5trudunl Oenlla 1 U Irr to. General Notes Sheet 1 1 2 4 ] In Iron Summa ]hal 1 Z 4 ] bl aWnPlanlM1eeU 2 4 ]6 22 Ir We Dean SlreaU 2 2 4 a ]4 nxttical Dream W S. a..,a .1 Work _ D flaDlnl Plen aM NWas (11 See Nb Stype M Wok Cmrelnate Want are n tllefereater 1 1 3 3 eee rti B--- 13 0 30 _ __nelna cMnXensln MFG fwmel farbleelry�rpase_ _ W MOlnlon ofAobrbe Comawflon Cosl6WM 3 4... _. 4__-.__. __ W RMIc McNln a--- ..Dneai 2 OileGnmenlaaolutlnn Mend, • plan Sot MrAd.. TPAR ead [ever SbeM i f E Nm Plan Z SW %ant t 1 2 General Notas Sheet 1 ] f 3 Plen[Ime Poam 2 3 a e 14 PlentlMen Summa DNi ] 1 2 4 '/ Doslon _ 1 2 Z 0.116 elmbaMe OemoIIX Pemowl Pl0n 5Lei .gi 1 ] 2 3 4 CmrAXdjI,melry Wyoul Pimer,12 s{2�___„—_ 3 a P GnEln Walne ePhnMNs 1_____, 4 ___... _8 -a __._. a ]S _ _ RMbO 1 Z B _ 12 _.__—[INI_ITy11oI5M1omand Smlla Sewer Plan ana ProfllaShe[II}_.____. 3 1 3 4 .--8 Water It.. Plan lhael 1 1 2 4 0 Man Heufs Ten Ha Seaga A Pee afinats 04-22-16.xis Fee Sc H e d u le ,1122/2916 J2 Er ginieenlin g ane E tiviranmenitell Daaigr, I LC N an h ours Tra II Hd Eleslgn .12 Fee Estimate 04-21-16.5 s Prnageajecl Paola at ProJacl Hnilmlen Landscalle pest nen- Elesignap Sir. Total Taskhumbell Task: tifnal I Pr11na1F1al Managed Engineer pnchilecl Storm Drain Pian Sheets {3) _ _ Pavement Marking and SI8n1n Notes{1 - Pavement Marking and Signing Plan Sheets (1) 1 1 1 1 1 :I _ 2 1 2 ---__ -- -__- __- 4 2----- 4 8 5 8 Restroom Pian Sheets and Details (14) See Sul Sco a of Work —1 _ - _ _ 1 1 - 3 4 Landscape General Notes Sheet 1 _ _ _ 1 __ 1 2 2 4 Landscape Summary Sheet 1) 1 - 1 7 Landscape olai_.SI eet (2)_ _ 1 2 4 _..-- -- ..... 0 . - i. 0 _...... ..._ - -- _ n ---- 0 Landscape Detail Sheets (9 - - _ _-.. _ Ramada Structural Notes (1) Ramada Pians and Sections 1 Coon lin ate Plan View :I 1 2 -_--,_ -.., q 4 Ramada Structural Details i) -- )frigation Generai,IQotes Sheet(1) _ ____ _ __ - Irrigation Summar Sheet_ _ _ - i -- 1 - 2 _ Irrigation Pian Sheets (2) --- V 1 2 4 7 irrigation Detail Iheuti 2) __ -._-, _ 1 2 -- 4 _ _•,._ Electrical Details (2) See Sub Scope of Work Electrical Pia n and Notes (i) See Sub Scope a f TA ork ..._- 1 .. i ....3 --- Draina a Repoli - —.. 1 -- a g .... 2 ..... 15 ^ Specifications in MAG format for bidding purposes J- 2 _ _ _. 8 - _30 _ An Opinion of Probable Construction Cost 115 Urn ate 2 -_ —_ __ 4 _ 4 _ 4 14 Anticipated Meetings - - One Progress Meeting _ -. 2 2i --- - 6 6 One comment Resolution Meeting 2 2 - 2 - n °�il 31eSt >Y"�y.SpeofQcaiagsMAnd x r r �k 2� sr vi .X -'"`�,.,.k a..,au """7 'n•t '`�-� aRi4 ,a.. •r -,,',-'3 .s d I s-. ..,.� -g ,� yal - • grvlan Set fm1 Ac e►o Trailhead CoverSheet 1 2 1 2 1 • 3 General Notes Siteet {i) _ __ 1 1 _ ' Plant inventory Plans (2) 1 2 1 4 2 I 4 Plant inventory Summary Data (1) _ _ 1 2 4 Limits of Disturbance Erosia r Control (3) _ _ i -1 Demolltion/Removal Plan Sheets 2 _ 1 1 _ 1 3 _ Coordinate Geometry Layout Plan Sheets (2} _ 1 i 1 3 Pavin Grading/Drainage Pian Sheets (2) 1 1 2 4 4 12 Civil Typical Sections and Details 8 1 1 4 4 8 . 18 Sanita Sewer Plan and Profile Sheet (S) 2 !I Water Line Plan Sheet (1) 1 1 1 2 5 5 Storm Drain Plan Sheets (3) - Pavement Marking and Signing Notes{i) 1 1 1 2 _. Pavement Marking and Signing Plan Sheets {1 1 1 - 1 2 3 Restroom Pian She eh and Details {i4) Se a Sub Scope of Work 1 1 ? Landsca eGeneral ND1es Sheet i ..... 31 ----. _ _.. -- _..... - _._.. Landscape Summary Sheet (1) -- Landscape Plan Sheet (2) 1 ] 2 Landscape Detail Sheets (9 1 - i -. 2 4 0 Ramada Structural Notes 1 0 0 -- - - ---- Ramada Plans and Sections 1 Coordinate Plan View 1 1 1 -__ 3 _ -_ Ramada Structural Details (1 _ �- 0 Irrigation General Notes Sheet 1) 1 - 1 1 3 Irrigation Summary Sheet (1) i 1 1 2 3. 4 irrigation Plan Sheets 2 1 1 __ 2 a irrigation Detail Sheets (2) 1 1 t Electrical Details 2) See Sub Scope of Work _ 3 Electrical Pia n and Notes (1) See Sub Scope of Work 1 1 1 _ Drainage Re ort _ 1 2 4 _ 1 8 S ecifrcations In MAG format for bidding purposes i ._ _. 4 -_ 5 An Opinlon of Probable Construction Cost Estimate 1 - 2 2 2 _ 7 Antlelpated Meetings 1114 Read Meeting r 2 2 2 a6 MI \..� �+� _..} -a .tl.•-- +✓ '.'v ul i W.1 "k � "r �w I Am`lO ,. N an h ours Tra II Hd Eleslgn .12 Fee Estimate 04-21-16.5 s 111 a e9W 47748 ELECTRICAL ENGINEERING & LIGHTING DESIGN January 25, 2016 J2 Engineering & Environmental Design 4649 East Cotton Gin Loop Suite B2 Phoenix, Az 85040 Re: McDowell Mountain Preserve Central Trailhead Electrical and Lighting Attn: Jeff Engelmann Dear Jeff, Wright Engineering appreciates this opportunity to submit a proposal for electrical engineering services on the above referenced project. The following services will be performed in a professional manner to meet City of Fountain Hills requirements: Electrical Design Scope of Services: 1. Coordinate design with J2 Design and the City of Fountain Hills as required. 2. Attend up to (1) one design meeting and (2) two comment resolution meetings with the design team. 3. Update and prepare 24" X 36" electrical drawings. 4. Provide an overall site plan showing the following electrical equipment: a. Shade structure lighting b. Bollard area lighting c. Landscape lighting d. Electrical service cabinet e. Entrygate power f. Conduit and wire routing for site power g. Restroom power feed 5. Update load calculations and single line diagram. 6. Update panel schedule and other electrical installation details as required. 7. Update necessary elevation view and installation details of the equipment listed. 8. Update all lighting control designed per client's requirements. All necessary equipment will be shown on the plans. 9. Update system fault current and voltage drop calculations as required. 10. Update conduit and wire table showing all power conduits and wire for equipment. 185 EAST CHILTON • CHANDLER, ARIZONA 85225 OFFICE: 488497-5829 FAX: 480.497-5887 w .wrlghtengr.mm '11. U pdate engirieersi estimate of K l of at le eleatrical eoristruction crosis and cc ristruclior specificaiior.i. 112. Rcirform in-house QAQC review and modifications. '13. The above plans will t Er provided 110 _0 Design fat subrr lltal review and comment from If— City of FeL r lair) Hills al 90%, '100% Pre -Final and Firial E Baled stages. E u bmiitals will t o made via email in digital F C F format. 2 De,clign will early and EIL bm11 io owner as rieEic ed. '14. Review aommerils, whether iriiernal or mu nicipaMy, will tEl responded to and etc dressed. Constructioin Phases Scope of Scirvices: 1. AttEird 111; one Rre-consirucllicrl rneeiliricl. 2. Review all Edeclnfaal equipment submittal packages fan conformance to carilract docurnenls and rlllovfcEl written itemized sl. t miital review anc res ponsEr letter. 3. Review all BFI's and Change Order requests and provide wrriiten iiemized review aric response leiter. 4. Visil ti' Er site for L FI to (1) or1EI irspeclions of ti' a electrical installation arid prepare ari irispiEration reflorl. 5. Rrepare Record C rawirigs of tF a elErctrical MEtallailon based on inspection inforrration as well as crorIracior's marked l.p eleatrical plans. Res pains ib ifitlesi of Others 'I. Rrovic Er illi rrigr I E rigirieering Corp. electronic t ase files in ari AutcCAlCI format which includes all praposec and e)!sting utilities, all prloplosed Inn Klravementsi, and any exisiir g cor c itioni that afilect tF is scope. 2. W right Engineering will s L It mit plans to tF a far c scape architect fon SL t miitilal 10 Ir Er local governMEiril agencies for approval and permils. 3. Designation ail elecllniaal service localion will t e determined by tF a laeal ullility eclmplarry. lll-e owner is responsible ilor ccrorcMallon of 1f•a design of all electrical utility dower services c L Ilir g tN e c esigri r rloaess. Final C eliverables 'I. l pon aompletion of 1V Er design, we will provide orae set eact of final sealed C OCL mert:i bearing the signature cd a registErrErc electrical engir ElErr in the State of Arizona. Mc Dorn ell Mounildrii C anlral'llr,,illhciac Pace 2 till 3 Jan uary.I6, 201EI EnginE erring Fee Tt a atove servi(1Eis will be provided es followcli: Engineaninc C Els is r U pc ale: 414,78CI.00 ijBilled L L mip Suml upas Comlpletion) l' Post Cesign Not in Contract Additlanal Slerviaes Ary semiiclesi not specifically it cluded in the Slcope of Service.i secs ion SI -all t o additional serviced playatIO at an hourly fee ai the following rates: Principal 9112 &IhoL n DesignElr 9195/1- our Senior Engineer $1,I5)IhoLr Drafisrnian 9185/1 our Engineer 911 CI5)IhoL r S ecrEii aryl 1145/1- our F rinting Charges The following printing and c eliveries aiie included in 11- is scope cif sere icIEIS: 3 :leis of design blacklines 3 slardarc delivElries A soft copy of linal design in Eileckical farmat Addilionai K iiiniing aric delivEoly will li a charged as follows: Blacklines $ 2.00 eac1- My lar Sepia $18.00 Eiac1- Delivaiiy Closi cosi We will till you or a miarlhly ba.iis far it ase semiaes. Fayrrlent terms are Net 30 days. ZI h is pllogosal will t El valid fan 111- e nexil 90 c ays. If you have any queslions, pkiase contact M1 at yoL r earliest corp or ience. I look forwarc to wo6ir g with yOL on this Cpiajecl. Sincerely, '� e�ff A r R. Scott Wright, F .E ., L CI %AiiigtI Erigineeiiing Corporation McDawall P OL rain C eir h, i Trailh eat Pap 21 of (I Jair uauy M, 2(I,I EI orcuttIwin4fclw ]ant ary ISI, 201E ]teff Erl gelmann, RLAI ASLAI 12eriltneeIntl arc emIreInn eraaIdeisign,tic 4 f 4 51 East Cklttor I Clin Lacip, Su 11 a 88 Ph vanix, Ail 85C140 ile1: Founlain Hillslllailhead fleilimclams Sut.I.: Rlaposal crfPrlales!lioral Alctiteclurald9nglineerfng Semites pea n IeA`f As lequesled, we I haves n aep arec oun pnarlImi [of Arlchitec tunal, !1 ruclutlal and Elelatrical anc Plumdfng servicers is ema luate anc up(ate ill a eAsting develciped j: tom fon the imsucic nn t utic ingl sluuci ure lu cunr(Inll HUAClelectrical and iUiuctur i nequillemems aspllomulgated UN the A12100, DE! KIN SERVICES: our scopla cif sen ices Is based on wantilrig visa 12 Engineeuing a n c inn lud cis AI ch Itelcl utlal, Electrical, Stn( cm Ial and Plu m ding) c esignl sei ulc(m foul thea fclllowingl effoiit 1. Provide architeclura 1, ell eco nical, :nm natural review CHI exfstingl c oc urnler l s arc mlahlel the reeessaryconreclions WihelerdsiIng dacunlanislacompty wlilh ihe 2C112 iN. 2. Rkivis( dnawingsplerClitynevie+nicclmment5. 3. AmwerEidders:ndConlraclanscuesllonsdunirigbicdtngandc(lnslructfon. y Blrovidei cxhiditfs) arec ati and ihel C esign flee levt me eling to clbiafnl ppclileci appFovaL Alssu mpl ions : . 11 is oun underslanlc tngl lflal Ck rsirucllan Alc n infstl ation sei vines will tie p ravdc k t Ill seplarate pllopusal. FE ES: Basec on 1 ha a bcly ( I u c eusi an (ding of i he scop a of lA oric you" inveitmerl l it ou a Plc fess lanal Alictlfielclunal seivicesii Riuipasec tc He a: kiltovls: t_um SIL m: $-1-1,750 if ac c liiclna I sarvlicas are n(lqulrec, I hey will t c billet at ou r univansal Hciuidyrlate elf $9I39/hout if this Proplcisal meets A lit yc mi appinoval, please provider us a cartllacl. We will H ee n oun services upar Iecc ip t of a Gully (I>I (laul ed contracl. If) ou have any cue:ilicln s, p l(II ie dciiYt hesftai a tc flin a me a call, Stnc( nely, 0 Vis N art, V. Yarlih, RA NCAIRB 3010121 n oenhal ave ulxieenlh fioon Alssociale/c filed 011 F hoanix az 850.121 CIO, ',167'17641 eC 2 267 9029 1 RCIrlllmeOTUR1I PI AINNIIN(i MTERICIR MSIC N www.olwpl.00rn (P RI CKER • A MCINr,- GN -, MC BEE - MORMAN &ASS a CIA TES, INC. JR-A-M441 Geofechln,iaall Engincetding 4 Conlstivalkrl Materfalls Testing Ja Engbiouring and Ehlvircinmantal Desigi, L]LCI Jaruaay 1 SI, 2(1:16 464SI East Cottcri Gin Lloof, S i6ia B2 Phoenix, Arizcra 8`1(140 Atteniicin: Jeff Halzmeisler, PE, arrail QLt,,l2nieistenVt j2desi�s) Re: Proposal for Supp:leirronlail Gaatechriiaad Einginaering Ser%Rim Adeirc Mauntadn 11railhciad RAMM Flrapovil No. PCH 6093 Bvaluartion oflExisting Road Fill avid Sub arada Fol intair. i Hii I's, Ar•izan a Riakar, Atkinson, MoBea, Mai -man & Associiaitcls, Ina.:is plaascid to submit This prapasat to conduat Geatachriaal Eng:irieciring Services farthci abcive•.reforcmiceld prgjeiel. ]If This proApsall ineats wilh yaur approval, p'leeise sign, dale and return ane aol:l) ofltlia ania]osed Altalclhtnanl "A", wlic11 otvllirtas prnajeat da.icriplior, our saopa of seirviacis, corriFleition tirra ew fha 10 pet form serN i cc S. '.Ifl thelrci ora any questions rglauding thea prciposcid scope afl wa k, please call. Tliaiik yclu for aonsida•inEl cur firm for this project, Respeci ful t) suli mi lte d, RIICKER • AITKINSON - MaBEE - MORN AN & ASSOCIATE SI, ]INC. Kenurckh 11. Ric) el', P.E. h 7110'.1 Scndh Hak 11 Urive, Su ill 72I, Tout e, A M!1292 -119A 71ele0hane 1148(D 921-E IWI q Fac! uille (48(1) 97111-4081 1lvfl v .ratr IT 4110.V irri RICrtER ATS KIN0&1V - MCBEE •� MOI MA11� AS.SU -��IATF,�S` IAM" A'11TAICHMENT "A" Propg9ail foi Suplp.lamental Geatechricial Engineiering Seivuies Fon: JI2 Eni81ineicring avid Emircnmenial Design; LLC! Rte MM Praposal I\ o, PGI 6( 95 PROMCU Adero Mountain TraiIhead Hvaluatiari af. U t'ng Road Fill ar.d Subgrada Fountain Hiillsi, Arizcma DE' C RIPMON: Thci exislingl road through ihci lrailhead lia,i beiein plarily fil'.lec and madificid sincia our arigi nal. m ork al lhci site (G 11251 and G12118). SCOPE OF SERVICES: 1. Test pits will bei perfomed tc deiteirminei subsurFhae aonc itions and abtair.i repreisentalliva sampled fbn laiboraolory analysers. Four tast pits '4I to E fciel int dcipih or prior ref -IsdI are prurlased :in lhei fill areas. 2. Labarotory anal.Nsas of rapraser.tativci smnjIicis will :ir. dludo: Minu s No. � CIO Sieive and Plast:iaity Inc enc Standard Praclar :I. The field amd labaraiory calla will tei used in emginearinig miluation amd anialyscis to forriuulate our gecitcrahrliaall reaorrariandations. 4, An Evilincier's :import will to prav:iced presierdrig the results of ilhe ficdd and laboraitary tei,ii ir.ig and :rcicommer.idat:iansi for sites grading and prapaimtian procedures anc alhar suplplemlents to ciur or.iClinia] repoils. C OMPLE1 ION 7IMEI: Final rapori apprcximalely 3 to 4 weeks afler eluEo:niacid to praacied. FEE: $21,500.00 to $'-I,4(ICI.CICI RICffRi «A7MSQN MCR b? o iVIORMAN & A&VOCIATLS INC ATTACIHMEN'Il "A" Prcposal for Supplemein-lal Guoteichr ictal Enginecir:ir. g Sovicas Far: J12 Engineiering ar c Environmental Dusigr, I LC RAMM Prcipo,a] Na. PC 1609` PROJIECD: AdcuoNcuntainTh-oillhead EN aluaiiar cif Exisdna &ik Fill anc Subgrac c Fountain Hills, Ariaoria TLe unidcrosignad agreicis to ttc forgoirg E ciopp and Fedi. RICKER , A'I IKI NSON o MQBEEI - M ORM A N & ASSOCIA'I IES, IN(. BN: ,, ... IlCler ��e11� L. Riciccir, P.E., Project Dngincier Client: _ M Data To: J7 E riginclering and Elmilionrr ental 049 E. Coil tor Glin Lciaip Eluitel B2 F Noe nix, A.i f 811410 Attr ; KeVW Wallin Plicine: 6012-� 9 SaW fla) : 60-438.2:25 PROPOSAL F7,'9 - Number 61 NRIQ709 a This is N CIT an 1l icle Pralec It Name: AIOU NIAM HILL51 ADP RO MU 7 RAIUHEAD NRI J ob Lacatiorr. 4849 H. Clalloni Gin Ilc OR Su tile 82 Kclenbii AZISS040 F(I1Con1mcil Na.: IS St. at No.: ME C eiacrilp licm Urift Unit Pnic el 9x1. Pr e 1 Native Plant Invenlary Notes: lnveil, tol) inclluda:l CPS tach, CM unit, calu proaclsislr9, cala puirtin£, AulaCAD. 621e Prepared: CIV201'16 lima C healed: 10:40:281 preparer hy: 6milyHaman D%MIYOA r 19 $1,85000 $1.850.0(1 SubTaial 91'1,850.00 Sales Te x ULOII Shigplr g $10100 Told s11,0501.Oa slags 1 a (Propepl N o. NA1O70'11 FouOt in t HL Adam Min 'Wal head IS FII Alease Wife: 0 ieturt ante anea and Ill musl be staked prior la inveni ciryslar c ate. Chances mad a to inventoryl weak scope once invenlory has been campleted will require a chancle order la the ariglinal aan' rad. A dratllanal lnver for) Pwiposal Nc0es In addition la the field storey, NRI will piovlda the following: • SIX 161 finished bluelines o l pralec'I site • flixiJBI native plant invenloryl book etsi • :lite pians and an 9xcel spreadsheel in electronic formai Bid Alpproval Price may not Include a f placable Local an fledaral taxes. 1% a do a s nol Include costs associated with any nequlred perm Its or bonds, Price does not trio ude e ny t and dlg conditions on craning coi is if requined. F Iny aileraitk in on deviation {Ircari the above e f eoifications Involving extrai costs will be done only upon a written change ander. The cosli wtll become an extra charge oven and above this estimate. phis estimate does ncf include male n'ai price increares , on a dditionai labor and materials which mall be required shot ild unfaneseer problems airLie after the work has started. Thi: proposal may t e withdi awn by usi if riot ancepledwithin i 0 days. l Payment teams fan Inven tory t ids over $1,000.00: Is el 3 ( clays unless otherwise Indicated ani negotia'led. All inven ory blds lot. iiing less tl s n 1'1,9( ( .Of n Wt I e paid prior to Inventory work begins. On account over 30 days a service charge of 1.5% per month w1l be assessed. Alliance of Non asal lay Siglnatune: llhe atlove prices, specifica lions and canic itians are salisfa clary and are hei eby acre plea. 1, the undersigned, have uead, unc ansland enc al neelo 1he'le rms and cont Ilians cif � RI's u armanty Infonmalion saitth 16 garrc to Its work. I uri der star d Mal 11 is proposal will serve as a " D adice llo flroceed" will the wcmk car lained herein. Autiionlzeid by: Sic n z to re: Di ter. alate Prepaied: 01,120J76 Time created: 10:40:26 Prepare[ b)l: 9mliy H Oman ■hGLAar llw Hage sl C1 rl opoa di i. cG J, mw a— Founlain Hills Adeno Mtn lrallhead t PI January 27, 2016 Mr. Jeff Engelmann J2 Engineering and Environmental Design 4649 East Cotton Gin Loop, Suite B2 Phoenix, AZ 65040 Re: Fountain Hills Ramada Plan and Calculation Verification Dearjeff, Per our discussions, this scope and fee proposal has been compiled at your request to update the current plans and calculations for the Fountain Hills Ramada, which was originally designed in 2006. The original design utilized the IBC 2003 and ASCE 7-05 design codes, but we will be updating the plans per the IBC 2012 and ASCE 7-10. Below is a list of our assumptions used in developing the estimate for this update: Assumptions: 1. All plan and calculation submittals will be in elect, onic PDF format 2. The revised ramada plans and calculations will be based on ASCE 7-10 and the IBC 2012. 3. The difference between the 2003 IBC and the 2012 IBC applied loading is less than 5%. 4. A new calculation, indicating that the applied loading according to the latest codes is within 5% of the original loading and therefore the original calculations do not need to be updared. We will provide the calculation the shows the new loading is within 5% of existing loads and attach this calculation to the original calculations. 5. No special provisions or post -design services are included or will be provided by Structural Grace. Meetings: (1) One kickoff meeting is included. (2) Two comment resolution meetings are included. Deliverables: - Revised Bridge Plans and Calculations (in electronic PDF format) Proposed Fee: We propose to perform the above scope for a lump sum fee of $5,539. This quote is valid for 6 months from date of proposal. Thank you for the opportunity to work with you and your project team. Please feel free to contact me if you need any additional information, Sincerely, Structural Grace, Inc. A'icy P -1 -- Nathan). Palmer, PE Project Manager NON Rm Slreel 1430 F. FL Lu a l RQ 98te 200 Plwenlx,AEa na 8.5004 Tnoon, Alvuna 85719 16112)437-2551 0520)320-0156 Fax 16021437-7244 Fax(520)320-0157 www.swcWralyace.wm il>ispuev�iyroirciS'- i�rsyue del d'on Fri 111-1: uErcmra,mE a�a mwm•m•ma oe�l oaM: xxnl.ss LTjO.u:LwaC Qvm+: Torun •r E•unuu xlaa S Ia n06wx rw �ro P"d: Aamaaa VpGa IJA Mounlarn laenem Mdliul Eslln:a[e: 30P E.R.Iwell Peb. AlIe M0. NwMAi 95)1915M i1p91561 EW N. NaI Nr•e4 Moen[t KBttPolw]I Kx35511 wmr.NmruJ(rq,[wn vrgrn mlva[ Pr.Nn sr. hietl oxM mnpn Erynw U Lpner wgnu <LNaI f[wao Slma• Lw.... a( MUG Sas,00 Suoo Ssm uvpuon �M`T� ieWlwe r Memryr [awJNlpn ufiFTwnel feunitln NAL antl li [rpnexin( LW $IN.N pdoN Metling 111 •P• om 5510m Cemmentneadulrn Menlnc 111 •m •.w pm om •m O SlPmm MmMa Plan[MµmMApprvrteatllne [e4u6tl•n VerlArvlMn aJn $]PE¢W OAO Om 60p M1W 5•?SOm AeeI5h3.01 Im 1.W em om 4.p0 6W 4[P ILM SUHIW iMlMena N00 Om IYW $EpfYEO iarel MF•r[ma SiRn.w 5%4E• SlAlom Saw fom Sasnw $am SfpfaAo EapmaMd ease ENp•nses as �Fv Aq raMl M6e4e®$tlAaEMEr X0.6 RrAI� feuMrFmen •.•• E34m Faeb fPM TWIOImG Expenue 6mm Submmultants Nem T•Ia15YMomullan4 $04N N' iOTPt fEf MAN, cA�5:i3R002, it 30P E.R.Iwell Peb. AlIe M0. NwMAi 95)1915M i1p91561 EW N. NaI Nr•e4 Moen[t KBttPolw]I Kx35511 wmr.NmruJ(rq,[wn J 20 G-1 OR ID:,IN #Iki CERTIFICATE OF LIABILITY INSU"NCB `� DAIIR (nIN1D11[116 I (191L'13112018 TF IS CIBRTIIFICIFITO IS 1SSL BD FIS A MATTER OR IN RORMATIION ON UY AND CIMFORS NO RIGHTS LP ON TIRE CERTIFIOAIE H CILDBR. WKS CORTIRICAIIE DOES NOI AFFIRMATIVOLY OR N EGAIIIVOLIi ANIBN D, EXTON D OR AUTER TF O COVERAGE AIRFIORDS13 BY THE ROLICIIBS BELOW. TIHIS CIERTIIFICIATE OR IN SU RAN CIE DOES NOT CICIN S11TU TIE A CICIN TRAOT BBTWEON THE MIL IN G IN SU RBR(S), AU lHOR13EEI REP BOSON TATIIVB OR PROM CER, AN D TF B CORTIIRICIATIE HOMER. IMROR'll TI: If the certific<Ite hodc eii is an ADDIIICIN AU INSII RBD, the gcilicy(ies) musl be erlc aii If SL BROGATIION 10 WFIIVOEI, subject to the'lenmis avid conic itiomis cif the policy, certain palicies may necluire an eridalrsemlenl. A slalemlenl ani this cortificale daes rial conllen rights to the cell iflcale haldeii in lieu of such endorsement(s). PRgDUCER RRCIfessicinal Unc erNlnillens OI Arizona, Inc. CONTACT Prot Underwriters Underiters of Aiiii NAME: a.Nr o Ekt : 4180-403-044CI FAX No): 418CI-948-7152 E-MAIL ADDRESS: R.O. Box 5� 19 Scottsdale, AZ 852111 R ii U nc erwuilelrs cif Arizclna INSURERS) AFFGRDINCI COVRRAGE NAIC 11 IPIS 11RER A : RLI insurance Company '13(19[1 INS URID J2 Engineeninig & Envirclnmlenlal Design, ULCI INSURER B: CUMS-MADEX❑ CICCLIR 46419 B. Cloflorli Gin UOap #62 INSURERC: INSURER 0 Rhaenix, AZ 8504 0 1l19lIRER I D MAG To E ED ,1,000,000 PREMISES Ea occurrence $ INSURER F: CIO%BRACES CERTIIRICATE N L MEER: REVISION NUMBER: THIS IS -10 CIERIIIFY TH All TF E F OLICIIES CIF IN SU RANCIE LISTEII BELCIW HPIN E BEEN ISSU E0 l90 1H E IN SL RED NAMED ABOVE FOR IIF E POLICY PERIOD IN0ICIPI'lli NOTWIllFSIVINDINCI PINY RECILIREMENT, TERN OR CIONDI710N OF ANY CIONTREICIII CIR CIFER DOCIUMENII WITH RESPECT 110 WF IC IF 1I1 -I9 CERTIFICIEITE N PIY BE IS9U EU OR MAIM PERIVIIN, IIF E INSURAN CE AIFHOR11i BY IIF E FI CILICIES DESCIRIBED F EREIN 19 SU B.IECIII TO PILL IIH E TERN S, EXCILUSION SPIN D CICINDITIONS OF 9UCIH F OLICIIES. LIMITS 9H OWN MAY F AV E BEEN REDL CIED BY FI AID C11-111. INSR LTR TYR E CIF INE URANCE ADDL INSD B WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIN 1T9 A X CaNn 1IRCIAII (INPIIRAI LIABILITY EACH CICCURRENCE $ 'I,000,000 CUMS-MADEX❑ CICCLIR X X PSB0002206 10123,12015 10123112016 D MAG To E ED ,1,000,000 PREMISES Ea occurrence $ MID Will (Anyone person) $ 10,000 X Bkl AI 81 WOE X Contre etue I Liab. PERSCI IAL & ADV R IJURY $ 1,000,000 GEN'LAGGREGATE LIN ITAPPLIES PIR: GIFIIRAL AGGREGATE $ 2,000,000 R CIL ICY � PEO F L CIC PRCIDUCTS - CON P/CIP AGG $ 2,000,000 $ OTHER: AUTCIMCIBILI LIABII TTY COMBINED SINGLE LIMIT $ 'I,000,000 Ea accidant BCIOILYINJUR11(Per Renoa) $ A X AtIYAUTCI X X PSA00014f18 10123/211'15 10/2312016 ALLCINIlIID SCHEDULED AUTCIS AUTOS BCIRILYINJUR11(Per acaident) $ PROPERTY DAMAGE $ Per accident X FIIRID 1117119 X NON{ WHE 11 AU TQS X Bkl AI X 61tA $ UMBRELU LIAB CICCLIR EACH CICCURRENCE $ AGGREGATE $ EXCESS IIAB CLAINS-MADE RETENTIONS $ --.[El W(IRFIIR9 C(IMPENSARIIcIN An D EAI PL OYIRS' LIABILITY Y 1 N AFIYPROPRIEIOMRARTNERIFXMCLI-IIVE PER OTH- STATUTE ER E.L. EACH ACCIDINI $ gIRICER/N EN BER EXCL UDED? N I A (Mandatory in Nil) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, descril a iinder DESCRIPTION OF OPERATIONS below A Professional Liab. X RDP0022250 '10/23,120'15 10A23/20'19 Per Claims 2,000,000 Architect/Engineer Ann. Ac19. 2,000,000 DES CRIRTICIN CIF CIPERATIONS 1 LOCATIaNS 1 VEHICLE] (AIC(IRD 101, Ali itioeal Remail a Se} edule, mall be attached if more spice is requim c ) RE: 1EI.OE19711.0MI Acelrcl Ceinyan TraliiNiald Bid Ocicurrlerifi C30171-0(11 Certificate hcllc eir iv aldc ilianall insureu as in diclaleu . Coverages alfllorc ac are plrimaiii alnc rlon-cclnrinibulory basis IleXalucir91 E&CI]. Waiver cd sub noclallWin inlclludad. CFRTIFICATF HANDER CANCELLATION IOIW NRC13 SIF OU 10 PINY OF 1111 E ABCIVE OESICIRIBEO POLICIESI BE CIANCIELLED BEHORE TFE E)IPIRATICIN DARE 11HERECIF, NO111CIE WILL BE DELIVERED IN ACICCIROAN CE W ITH 11H E POLICIY PROV ISICINSI. Tclwr cd Rclu mains Hills AUTHCIRIZED REPRIS IlnIA ITWE Aft ,Z4��j 111109 E AVen1Uel of 11h i RClur Wir Fclunlair Hills, A21892EI8 111988-2014 ACORD CIORRORFTION. All eights reseii ACORD 25 12014,111 The ACORO name avid logo ares reclis'leiii marNs cif ACIORD ACdRUe1 AH 8 DATA (NINUDDn )nHI) �--- CERTIFICATE OF LIABILITY INSURANCE Hama 15j,'13y,'10316 IH IS CIBRIIFICAIBIS If SUED ASI A MAIIER OF INRORMAIION ON Ulf AND OONFHIRS N O RICIHISI URON IH E CIEiR11FICIAIIE H OLDER. TH IS CBFI11 IOAIE 0088 N 01 AFFIRN AITIV ELY CIS NINCIAII1b ELY AIM 8N D, EO TION D OR AETBR 111-1E1 CICI VE RAGEI AFFORD EU EIY IHB POLIC118:1 BBLOWL IHI.ICIERTIFICAIEIOFINStRANCIE DOE SNOlICON 57ITLTEACION TRACIIIBBTW68NIHE18SLINCIINSLRER(S11,AUlHORIZ13D REPRESENTATIVE OR PRODUCER, AND TH 8 CBRTIFICA118 H OLDS R. IMPOPTPIN11: 11 Ilia aertiflcalle H oker Is an ADDIIIONAIL INSIURBD, 1111 platiaylies; nlust 11 ave ADDITIONAII IN SU RED p iovisiarls em 11a enc olsec. If SIU 9ROGAITION 19 WA VEID, subjecll la the Ieirmis ar d oarldilkins of the pollic), certain policies maN requiRe an enc aus( mein 1. AI slakimia nl on IHIs certificate does not confer rights to the certificate holder In ilau al such endorsement(s). PRODUCER PAYCHEX INSURANCE ACIHDCY INC '11(1705 P: F: (8881 44 3-61112 30 BOX 3•-1019 9AN ANTONIO IX 7182619 CONTACT PHONE (AC N-.E.Q: (AlC,Na): (HEIR) 114:1-6112 'AQDREIBa: II SURER(S)) FRORa ING COI MIRAGE fIAICtf INSUNaaA: Hartford Insurance Conpan5 of the 37411 R ISURED J.<1 ENGINEEAIDG & ENMIRCINMENTAII DESICIN IILC S (4 9 E COT'IOD GIN LOON 11 B2 AIHOENIX AI21 E19(4(1 INSUe ERI B : INSUNER C: INSUIIFAD: FNAUIER E: INSUI OR F: CICNE RACIES CE RII19ICIAIT13 NUMBER: RE% ISION N U N HER: THIS IS 110 CERTIFY IHAIT THE FOLICIESI OF INSURANCE LI.IIEID BEILCIW H ANEI BEEN ISSL ED TO THE ENSL RED NAMED ABOVE FCIR THE POIICIY PURICID INDICIFITEC. NOTWITHSVNDING PINY RBCIUIRENEN11, TERM OR CIONDITION OF PINY OCINTIRACT OR CIIHER DOCLMENTI WITH REIEPEOT ICI WHICH- THIS CERTIFICIATE MAN 8E ISSUED OR NAIY F113 IIN, THE INSURANCE ARNORDED BY IIHE PaUCIIIIIS DESCRI13ED HEREIN IS IIUBJEOI TO AILI THE IEIRN S,EXOLL,'IIONS AND CONDITIONS GIN FIUCIH PGII IC18S1. LIN IIFI SI.OWN MAN HAVE SEEN REEILCIED BY PAID CILAIN S. INSR TIDE OFINVUA ANCA A-1-1 AOLICIINVIIIIBAR ALJCIIEIIF FOLICIICIIP fAIII Ihimw COMMERCIAL GEIIIEIRA! LUTE III ENCH OCCURRINCE $ CLF IN9-N ADE ❑CIC1LIR DAMAGE ICIREInEa S PREMISES (Ea occurtence MFA E) Ia(Arly smi pe raar) S PERSONAII A ADV It IJURII $ GEML AC -1C. RE( ATE LIN IT A PPLIES PER: GENERAL I OOREGAIE S PRODUCTS-COMRIDPAGG S POI ICY E PRO LOC JECI $ C)IIEIER: AI IC E ILE I IABILIIY COMBINED 9 {NGLE I fM l7 S (Ea acddent) IODILI l INJURI I (Pa r p rs a n) ANY AUTO CNVNED30HEDULED AIONI Y ALITCIS AODILMIMUR`I(Paraidden) $ PROPERTY DAW GE S (Per accident) HIRED IION•(N INBD AUTOS ON! Y A L ITCIS ONLN I S UMBaaLLA I IAe OCCUR EACH OCCURRENC E $ AC Gfl EGATE $ E:XCES! LIAB Cu IN 9 -MA 119 $ DEO RETENTION $ lYa1RAWAS COAME1 MATION ANDA-MAI(IFIA 'LIARIAATII NI 11 PRa RRIIIIORRIARINER/EXECIInVE YIN X PER OTH• STATUTE ER a.L EAOHACCIDEN-1 $1, (I( (1, (100 p OFIaCaRIMEMBII R E) CLI M ED7 iWlandafoq IGT NH) ❑ NIA 76 GEC -I D(I039 2 05)127/7019 15/27/2017 A.L DIA EASE. FJ I EN PLOYES $1 QQ( (100 A � FJL.D13EASI-1 IYIWill $1 I { (1(I, (100 10 yes,deacriba under DESCRIPTION OF OPERATIONS below aESCRN TION OFC PEAATIONA ALC 10 111 VEMOLElI (ACORD 111, Ad( laa nal Reasrl s Scl edNc, may ba ;I llaafta d if mora ape ae le n qt Fred) 11hase usual to the 11nSILInEId's Clperaticiria. Re: if .(E197.003 Aldexo Canyon Ilrai lhead Bid Documents cicIi-0(171 CERTIFICATE HOLDER CANuELLAI iON 9FOULU PINI OF TF 8 ABOVE D8£ICRI13EEI FIOLICI89 BE CANCELLER] 8E FIORE I TF EI E IXFIIRA11ION DAIS 7H ER E30R, N OIICB WILL BEI DELIVERED IN ACCORDANCE WITH THE! POLICY PROVISIONS. Town o Ra un U a l n Hills AUTHORIZED REPRESENTATIVE , 1161105 E AMEINL H OF THE E C UNTAIIN9 FOUNTAIN HIIIIL9, AIZ 8926E1 fl 1988-2015 ACORD CORRORA TION. All rights nesarvelc. ACORO 291120'16,103) We ACORD If able and Ic1gc1 an(I II(Igisltala:d n auks cif AICORD Contract No. C2017-007.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "First Amendment") is entered into as of April 6, 2016, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and J2 Engineering & Environmental Design, L.L.C., an Arizona limited liability company (the "Consultant"). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement dated June 2, 2016, for Consultant to provide the Town with bid documents (updated 95%, 100% and bid ready final submittals) for the Adero Canyon Trailhead (the "Agreement"). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. B. The Town has determined that additional services by the Consultant are necessary. C. The Town and the Consultant desire to enter into this First Amendment to (i) modify the scope of work to include the Additional Services and (ii) provide for the increase in compensation to the Consultant for the Additional Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Scope of Work. Consultant shall provide the Additional Services as set forth in the Additional Scope of Work, attached hereto as Exhibit 1 and incorporated herein by reference. 2. Compensation. The Town shall increase the compensation to Consultant by $18,433.00 for the Additional Services at the rates set forth in the Additional Fee Proposal, attached hereto as a part of Exhibit 1, resulting in an increase of the aggregate not -to -exceed compensation from $126,127.00 to $144,560.00. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 2938094.1 4. Non -Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in Amz. REv. STAT. § 35-393, of Israel. 6. Conflict of Interest. This First Amendment and the Agreement may be canceled by the Town pursuant to ARiz. REv. STAT. § 38-511. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On , 2017, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) 2938094.1 2 "Consultant" J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited_ liability company I] Na�J £-i+ Z4/Lf t, l nA4L, (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On 2017, before me personally appeared ;lcL4-+� Vi x, - t the V I P, -e S; J—e-,,+,.-�—of J2 ENGINEERING & ENVIRO MENTAL DESIGN, L.L.C., an Arizona limited liability company, whose identity was proved to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. Notary Public (Affix notary seal here) 0 KARLA B HUNT NOTARY PUBLIC STATE OF ARIZONA MARICOPA COUNTY My CONDA YIO25 EXPIRES 2938094.1 EXHIBIT 1 TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C. [Additional Scope of Work and Fee Proposal] See following pages. 2938094.1 enyln■-rinp and s,.;.rv,mnniw; uarpn March ea, /_O i r Mark Mayer Director of Parks & Recreation i own of rountain Rills 16705 E. Avenue of the Fountains Foontain Fiiila, AL BbzOa Re, Adero Canyon Trailhead Initial Phase Interim Utilities 117rep.,7=11�1MI or Aaae.-tlZRt DowMaRtS for Sour Po ur Collection and Distribution System, Water t ank for sewage r=lusn ant? Onp Irrigation, i anR Tor sewage Collection; Drip Irrigation Conversion to Solar) hear Mr. Mayer. tie Englneering ant] Environmental Design, [[C (jx) i� p6—at] to ,Omit thi. lottur for professional services regarding the subject project. I Re proposal Is OaseO on our recent 'aiscusslons with you regaraing the interim conversion of the electrical system to a solar collection and distribution system, the Interim conversion or the restroom tiusn tants to a water tonic titian ana Q holding tank ewave containment system, and the conversion of the grip Irrigation system to operate from Elle same water noising tanR tayvted for use with the restroom. There will be na interim potable water supply to this site and those Teatures tartnxing Tountain_ sinRs; not water heater or other potat3ie water i3evlea, in the 7.3troom will be shown on the plans to be either disconnected or non operational at this time ants those aonnaationu and devices would be made operational by the Town when potable water system is avanaule to Elle site. i his Interim conuition is sue to Elie iacK oT availanie potprilo wa i=r, . =;.or and electrical power to the site that will last an extended period of time OeyonO what was originaily anucipateti by the Town. TASK A Create Addendum Documents for Solar Power, Sewage Water t anK Flusn anaa Collecuon is;tl DAp irrigation Con..rsion to a Holding Tank and Solar Controller A. J2 Water Tank, Sewage Collection and Drip Irrigation Conversion ;; 10,533 'ut7 S. vvriyht tnyineering Solar Ele.trical Deslyn Conversion $ 4,500.00 t=,. Ori= vvinslow rarMerslllp mrcnitectare Dptiate messroom Design Total $1 a,;-4 a;5.Ou i Re scope letter ana the associated tees nave Oeen Oeveiopea to atitiress Me interim conaidon ana to expedite the creation of these addendum documents. We anticipate one (1) submittal with Town for tneir revleW aR0 vo..ourronar. a; -,O monQRy tiRQi QBivatments per comments received and issuing final a0Denuum Documents dlrougn the i own ror Ellis project. vvv loon ton+v.r0 to wu,-.pl=dng rheas ma0w-Az;r1 etroita promptly following your approval. Sincerely, iz ERglnee.-;n9 a.,0 tm iroR...umtal Dozigm, [[C Jeff - g nn, RGA resident —7;649 E. Conon Gln [oop, seilQ 6z �PhoFnix, AZ 85040 M.,Vwwtt%T.we.t:sulminHgIA20= T—NHwdRa...11:p.YjScop.andpl. olar11 w rand...m Co9a�,Rgl..dd*ndam\t2. e,,.,.mnwrdR,..eTT3•}r.e.00ZA.33.eez I s. evp..z t f v,, 1002.4,35.ieLL* CrRlvn I dila OP u7m i PRvPu3Mt 17rzoiGm 3=RYILff3 I M3R x IN I efum u 111-11 I_Z Adero Ganyon Trailhead Interim Utilities Town of Fo�nteln Huls JZ F„ylnvOriny aha �n�f,...n,na.,idl 17cw1y.,� LLC E86matea direct labor and rates Claa�itie�Iie. Estimated Man Frates Tetal Re►rrs P—ecl PRn ' al 6. 168.00 5408.00 rro ect Mana er 13` 557.17 3743.00 Prr ect to lneer 14 342.50 $595.00, Pre''vet I-r-dn."pe ArcRiteel 10 $41.08 X11.00 Designer - 3r. ;Xj 337,38 $ I,QM5.00 i otal hours Sr Total Direct E25or 35,402.00 zsumated Direct Expenses PRRling, Keproaauction, Rearaarerii-tiea. SaaGll.z Eta, ESumated suoconsultants: Design t Enylncennu - Electg.i Engineering VV1r0 - Purtn.mhip - ArMltcetzirc Total Estimated tabor. Overhead cQ 151.85% of Direct Labor Total Estimated Labor and i5verlleaa: rnelea�a r.. uv�.n�aa • f Total Direct Expenses Total Estimatkd Outside otal e3tlmate'u Cost 3z and 3ubconsultant F.....d F. at iO�;n E7gi.-eerF[.-.g -.-.d Enaren-eaai D.--Igi; EEC 601-31 0 �l Date Principal 3123!2017 INTERIM UTIL SUMMARY t Total Total Estimated Cott: $5, $7,800 $17,475 $1 Fee Schedule 3123!2017 am Cnuineeriny anu cnvironmenca, aesiyni iLLZ Project 1 Project Project Pr°j"t Designer - To=k New�ber'To=k: � I Land�oapv Total Principal ` Malinger Engmeer Sr. Ar. hiact :Cot N.- Greding Sh..t for Wat.: Tank Holding Area aiti iox Wazar-,ro,krx.ra- ___ 1. 2 4 _ _ !M.,nhvIeLocvtcdtvthcEv cut Sewage Plan an. rro�de Sheet from Tank to Restnmv - — I - 102 with Disrnnnectlon Valves 1 2' 4; 81 15 New Sewage Collection D"Non 5;=t.m .t Ca€ -d 4 �- 103 a l,,T.m,Pere VoakCat N.- DJp Irrlgat;o.-. a. and beta . for Sel«r Volssa, mantwn.my-lmy16 27 IUpda.. cosy �tima.e and yid T.b epd.ze to Refcc Aid ----------_-- ---.--- 105 'Alternate Cost and BEd Tab Set Up. far Addttlonal Alternate 1 1 2 2 4 14 : Qpda.e apc..ifi-dvne and ..dd't:ons for mew Awrnate Ilio 106 I Item. 1 4 5 i r#otaUai39'De�Ig=::€nQ._:1 tiF 114 +1:0 41 Man Hours Interim Util J2 Ree Estimate Interim Utiil"ues D3-23-17xis.xls y OF c;utt I vvinsluvv MaxR ls, zU1f Mr. Jeff Enseimann ]z Engineering and Environmenwl Design 4114V East Lotwn uin loop PRoenix, AM2ona 13-5040 Re: Architectural Consulting Services Adero Canyon Trailhead Professional Services vrcuu E vvinslow Project Mo. iOsB_1»-vi QC.+r Jerr, Our proposed scope of Consu uC–Lion services is as follows: scope or services we will pra.ia. aoc.rmcntadom for tRc tol[o..�Inb regae3tea opttoi-is: Bid Attemate w make the building electrical alt solar based with battery storage Bid Atte. nate to c5a,.se water line intake to a no.. potable type line fo, toilet flushing bin Khernate tor temporary nxEures. Sid Alternate for Ramada Lighting Solar Collection and Battery Storage 020 AI[cr,,..Cc to. 50113.a E5Rdng ton. c.tca to..r.r r,nr.F;s-tn $.tte,, atorobc Bid .uternaw for uuplex Power at lzamada Re-evaluate loads on ramada roof to support solar panel collection system and potential battemyy storage Pr-tc—iorl4l F -t= Protessionol Servicer to be proviaca for o lamp sup„ or $3,400. Please feel free to call if you have any questions o= need further information in regarus to tnis Proposal 4IcerbeLc.—, , roRne� Accepted by. Name and I itle Date PHOENIX MUMB..I 5t,Fv 0IEC;0 ..n..lilrCnl4%nom P-R1^NHAS 1p.R1i;Mti 19Eb9cry 3003;-. earlrr. 1 ..;o ;5W.0 lih ,I—r ph...ix a2 8501Z vvTE Zvi 176,11 862 257 90x9 f WWW o5Y17.Corn I G HT. eng;,Ieerl„g carpamnan ECEC I WCAC ENGINEERING s CIGR I ING DESIGN March 21, 2017 J2 Engineering & Environmental De5;gn 4649 East Cotton Gin Loop Suite 132 Pnoun;,%, Az 85040 AadX6-"zr1 Sarvku Agreement V1sis1;Uo3 Re: Ades Canyvu, T, all Head Elect, lcal Plan: Grid to Solar Conversio, WEC Projecxw 16161 Attn: J.-ff E,-,gelmann Cunti-act ame„ament. for Wright Engineering Corp. to complete additional services listea Below: 1. Pruvlav an aaaenaa,,, plan Set vvFiic,n will aftwv elacti ical plan rev,3ivn5 detailing the required components for a solar powered trail head site. 2. Details will indoae phutavvltaiC panal5. 6attedeb, Charg7a cuntrollers._ ana inverter to puwcr the "future: grid powered trailheaa. 3. Site Iiyhting layout will be adjusted for "interim” lightiny canditions with the photovoltaic; Sy5tam. The interim lighting will provide for fature final build out of the site lighting with no new conduit or excavation required at the future time. Type of Billing: Lump sum upon completion $4,500.00 (Four Thoasana Five Huriduad) Wright Engincer;ng, Co, p S;gnatara: By: R. Scott Wright, P.E. Title: Pretsident Date: March 21, 2017 J2 Engineering & Eavirm„muntal Design Sigi,,atur: By: Title: Date: 1£5 EAST CHILTON • CHANDLER, ARIZONA 85225 OFFICE_ 480-497-5829 FAX: 4a0 -4w7-5807 www.wdgMwnglneeRng_ us Pre red by: � 3�zS lid J ni er Lymm, Exe five Assistant 3/2912011 Director's Approval: Mark Mayer, Community Services Director Grady E. Miller, T rn ager 3/29/2011 Page 2 oft 1AIN TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM R Meeting Date: 416120/7 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICD, Senior Planner, 480-816-5139, mmoore@fh.az.gov REQUEST TO COUNCIL (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY DESIGNATION APPLICATION. Applicant: The Town of Fountain Hills Applicant Contact Information: Marissa Moore, AICD, Development Services Department Owner: NIA Owner Contact Information: NIA Property Location: Town -wide Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Chapter 6 - Sign Regulations -Zoning Ordinance Chapter 8 - Outdoor Lighting Control Staff Summary (background): In September 2015, Town Staff was in the process of updating the outdoor lighting ordinance when we were approached by the Fountain Hills Dark Sky Committee requesting the town also revise the lighting ordinance to allow the Town to obtain the "Dark Sky" designation. In November 2416, the Town adopted the revised outdoor lighting standards. The Fountain Hills Town Council has requested information outlining the Town's required actions, as well as any associated costs, should they decide to submit an application to the International Dark -Sky Association (IDA) to request the "Dark Sky Community" (IDSL) designation. Staff has reviewed the information provided by Dr. John Barentine, Project Manager for IDA, and has found the following submittals are needed for the application: • Membership fees are $35 annually. • A map of the town and factual information, e.g. population, number of schools, etc. Staff can provide this information using existing geographic information system (GIS) data. • A copy of the community's lighting code Staff can provide a copy of this. • "A commitment to bring existing municipally -owned lighting into compliance with the requirements of the code within five (5) years of receiving the IDSC designation" The Fountain Hills Dark Sky Association (FHDSA) took measurements of town -owned lights using a spectrophotometer provided by the IDA. Attached is a list of five specific locations and correlated color temperature (CCT) measurements Page 1 of 4 0aik Elky PIpplicalian ICI 411/2017 of iowrl-owrled ligl'Iing identifiec ty i1` e FH❑SA. CClil rrElasures ihE1 colcir of the light; I1`e 1`ighen I1`e Kel%irl, il•e mione blLEl the light. Some ligl•is are "grandfaif' ered" becaLSEI they were installEld in cicirripliarlcle wish the 2014 1111AI silarldards pliior to the town adopting the new ondinance. The 2014 IDA desigrlailion guideliriEls do not address CC -n, arlc thus no miaWrt m Kelvin is set. If if EI Town were to apply for the I❑SIC designation using thein 2014 reqLirerrients, the Town -owned lig1`1ing would ha%EI to clarrEl irlllci compliance with 11' El town's adopiec lighting ordinance wiill•in 5 years of receiving the designation. The Town adopted the CC -n silarldard of 3000K on less, whicilesiat lishes a stricter llegulaiion than is reqs ired by IDA. Per Dr. , ohn 13arentine, the Program Marlagen of the IDA, if the ilciwn Council wis1` ed lo exemipt Town - owned lights from the CCT nequiremerlls outlinec in the Town coning Cndinancle, then they could do so. HOWERar, an area of town cannot be exerr pted llromi all reqs irements. As merilioned above, five areas have been is entified as not meEiling the ilown-adoplec CClll rrinirriurr standards. The lolal estimated clod for the town lo comply with ihEi "Dark Sky" reqs irernients is $8,913.75 "Demonstrate rniuniclipal SL pporl lion dank skies and qualiily outdoor lighting i1` rough (iciwn) publiclalions, flyers, rlL blia service arinourlclerrierllls, furic ing of lighting upgrades, Eiic." Tl' e Town has crElaiEIC a Frequerilly Asked Queslions plless release to be posted on the Town website, and ii 1` as tEien SIGN for rli bliclaiion in the Fountain Hills slimes. The FF DSC 1` as created kiosk darts for put lic c isinit ution I1see attachment included in if a ir111ormalicin packet frcirr t1i e FH❑SIA). T1` ere are rlci minimi rri reqs irernents for Ii ow ill• e Town wog Id 31` ow SL pport fon dark skies. A copy of any of these efforts way Id be incdL ded in the appliclailion package. • "Rrovide evidencle of t road SL pport lion dank skies from a wide range of clorrimurliily organizations" Tl' ese cirganizations coulc include FOX% business organizations, astronorr y cls ba, and silo c ent orgarlizailions. -R a intent is tci sl- ow local corr mL nity surlpor from different perspectives arid derricigraphicl grourls. Letters of surlporl or oil 1` er forms oil acknowlEldgemierll, for exarniple a reference of support on il-EI respective cirganizalion's website, coy ld be provided will- the application. Show "cicirrimiuniiy corrimilmieril lo dank skies and educlalion (Itased on) a list of aciclepiatle indiclalons of success". ill- is shop Id include cine of the following: o "planning and execution of ai least two clommiurlity dark sky awanerless e%erlis per year'; and/or o "inCIL cion oil dank sky awanerless docurr ents (IDA t noc11` ures or Carrimurlity-created brochunes; witli olhen informailional doCll rrlEinils for nesic ents and %isiiors"; and/or o "inclusion of dank sky educlaiicin in cicirrmurlity schools arlc culmiclLlurnl" Earl Day, Nailional Dank Sky "EIek, Irllenrlailional Astronomy Day, and partnenships with loclal oLldoor and/or recrEiailional onganizations coulc rlrovide oprlcidurliilies fon ill- a Town to sl- ow surlpor for the Dark Sky prognami and designation. Ir111onmiatiorl wog Id 1` ave I be provic ed witli the appliclalion oL illining w1` en 11`8 e%er11 occurred, w1` ere ii was held, and what was done. • Provide "a miirlirriurri of ierl pnojecils builil uric er the lighting code, c errionstraiirlg effective appliclaiicirl of 11` El local lig1`1ing code" Because 11`6 dark sky lighting ondinance was adoplec in ❑ecerrber X1016, al ill - a lime of dnafting Na merrio no new projects ha\e been broug1`i I the clown that would meet 11` is reqs irernient. Discussions wish Dr. Barentine (I❑PI Programi Manager; has leac staff 11a t elie%e that t ecause the Town Ii as esserllially RagEi 2 al Dao Si y Applioaiion TC 4,6)20'17 teen aciling as a "dark sky corn rriL nity" e%er1 rlrior to'If' a adoption of the neiw lighting amenc rrerils, rpoieclls done in the recent Flasl woulc t e eligible for inclusion in the aprllication to slow "af leciliva arlplication". Tlf eirei anel sevenal rlrajects that may rr eet this requireirr ent in the next yean or brio, including new deivedopment lion whiaf a phalometric plan is submitteid. Existing development that involves relnofitlind lights to aomie info compliance witl' the ordinance will alslo count. Three projects) f ave) t Bien appno� ec and are t eing/will be built undeir the new Iighling ordinance: Park Rlaae, The Hemirniingway, anc Corlper Ridge. 8slat lish an ongoing programa of sky t rightness measurement and rrianitoring, ll• a results of whiaf ane ecrrmiuniciaiec annually to IDA" Stahl can is entify aprlrcpriate locations) to do annual mionilloring and supply those readings for annual rerlarls; the flown wOL Id need to purchase lighll rnioniioning c evice(s) in order to gathen IT is data. This would have to t e rllanneic cut aric dam rriented fon 111' a appliaallion sL bmitial rlaakage. Alternatively, shau Id tf a town arlprove, a local group or ecrrimittee could pam is a the rnionitoning rPiagrarri aric data to the Town for s1u bmiitllal. • "Otiairi letters) all nominaiian from an IIIA member in good standing and a nerlresentative of local elelaled cf licialsl such as COL ricil/mayar" The town wOL Id need to cbllain a letlen frcrri ancihar dark sky miemben, which could be a rrierrit er of the RH DSC. Ac ditionally, a formal letteir of sL pport frorni the flown is neiquined. • til desired, provide prorlaSeic alternative wording for if a dark sky aomimiuniiy lie.g. Dank Slky Tlown on 4:I11anryl Sky Town, In ac dition to the application paakage, stafllwauld also ha%el to submit annual rerlarls c ue October 1 eaaf yean far as long as ihei Town maintains the designation. These rerlaris inCIL de the following requireic iriilonmation: • Dates) aric thief descriptiorisl of any interpretive events), lig[ iing rellnofitting prOjacts, Outreach efilortsl, eta.; • Slam riles all print miaierialsl and press arlicleis; • Data neaondeid frorni ligl•i rrianitoring Tl' is infarmiaiion can be colleclleic avoir the course of the year as e%eriis, projects, publicallions aaaL n and when data is aolleated. IN o miinimiurni nequinemienis are eclat lishec will- in Ill' ei IDA gL idelines. When, the intent is to sl' ow good faith afilorts. Staf l aoriiaated Flagsllaf l and Slac Ona, both all whiaf• ha%e the I❑SIC designations, io reqs eisi informaiian at aull prOjeictl overslight and city stafil iimie dineated towards IT a miainteinance of the designations. Both cities have local citizen grourls who o�enseei nal only the application and annual reports), but alslo o%ensee enforcernient and site plan reiview far compliance. Afilen reviewing the reqs irernients for applicialion and designation maintenance, stafil naecrrimiends the Town par ner wish tf e FOi. main Hills Dank Slky Association to assist in applying for the Inlennaiiarial Dark Sky Asslociation "Dark Slky Community" c esignaiian, mieaSL iirig and documeriiing designated ligf Hing for inclusion in IT a annual nerlori s, and c raffling annual nerlorl s to t o si t milted for designation rniaintenarieel. Stafil also naaarrimiendsl that the parinenship includel pno%inions far the FH ❑SIA Ila pno%is a ec ucation and OL ireaah on behalf of the Town. Sltafil suggests an a) ecu lac memorandum of underslaric ing outlining e�peatations for both IT a Town aric the FH DSIpI. Risik Arlalysisi (orltionsl on alternatives with irniplicaiicnsl): NA Fiscal Impact (inillial and ongoing costs; budges ciiallus,': $8,913.75 Ragei 3 of 4 Dark Sky Application TC 4/6/2017 Budget Reference (page number): NA 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): NA Staff Recommendation(s): Staff recommends Town Council direct staff to submit a Dark Sky Designation Application List Aftachment(s): • Identification of Town -owned lights not in compliance • Letter from Dr. John Barentine dated 16 January 2017; • Example Memorandum of Understanding (between the City of Sedona and Keep Sedona Beautiful); • Information Packet from the Fountain Hills Dark Sky Association SUGGESTED MOTION (for council use): Move to provide staff with direction regarding the submittal of a Dark Sky designation application veu: I�/�lna Grady Miller, To onager 3/29/2017 Page 4 of 4 Identification of Town -owned lights not in compliance with the adopted zoning ordinance *Lighting projects already included in Town -wide lighting retrofitting and energy -savings program. Fountain Hills MUNICIPAL LIGHTING INVENTORY Measurements taken with Asensetek "Lighting Passport" LED Spectrophotometer, S/N 23130010731, on January 18 and 19, 2017, by Ted Blank and Mark Derksen. LOCATION Existing CommentsCCT Cost Fountain Park- Southwest Parking lot near splash pad 1. Parking Lot lights 4657 and restrooms $ 2,193.75 Fountain Park- Ramada Ramadas on west side of 2 lights 4445 park near new east parking lot $ 1,662.50 Town Hall/Community Large lot serving Town Hall, 3* Center/Library Parking Lot 4342 Community Center and Library $ 18,843.75 Community Center Down - Lights over doors; Town Recessed lights over 4 Hall down -Lights over 3753 doorways doors $ 717.50 Fountain Park - New LED lights illuminating 5 "Fountain Park" sign 3688 concrete "Fountain Park" lighting signs at entrances $ 6,533.75 Total estimated cost for the town to comply with the adopted lighting ordinance $ 29,951.25 TOTAL COST NOT INCLUDED IN RETROFITTING & ENERGY SAVINGS PROGRAM $8,913.75 *Lighting projects already included in Town -wide lighting retrofitting and energy -savings program. )C AA(� INTERNATIONAL DARKiva A,,0C,51oN ,_ d JAN 19 2017 tDAHeadquarters 3223\V1.520,293 t:\�enuc,'Cucson,:\% 85719,1S.\ t. to rerovrr and ralrrt tGe niglyniaie enrirorenruq tad our heat, e o {4 tS 319S 1 fat+1.920.295.3191 dmkrkierttuanghee,dro nunhd6 aptibl, modoar lgGling."--�u�.u:dnrksM.or¢IidaRi Jark.kv.or¢ Executive Director 16 January 2017 J. Sron Peierabend Emeritus 131... Ms. Marissa Moore David L. Cnafovi, Ph.D. Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills. AL 85268 Dear Ms. Moore: Board of Directors Per our telephone conversation on 10 January, this letter is offered in fulfillment of President your request for specifics regarding the International Dark Sky Community (IDSC) Jim novgherry • usn certification guidelines. The letter summarizes the components of a successful IDSC Vice Ptcsident application to IDA, which are discussed at length in the enclosure ("International Dime Umpier® • USA Dark -Sky Association Dark Sky Community Guidelines," version of October 2014). It Treasure also outlines the steps in the certification process, with a typical schedule. K'un Parted • USA The basic eligibility criterion for IDSCs is that they are self-governing entities capable Secretary of setting and enforcing their own outdoor lighting policy. "An IDA Dark Ski, I Kdly Bnny • USA Communitt (DSC) is u torn, city; or nnunh ipality that has shorn exceptional dedication to the preservation of the night ski, through the implementation and Members enforcement ofquahf}'lighting codes,dark .skp education, and citizen support of dark Ducie Chitnis, Ph.D. • USA skies.... Coni n inity must have some type .f legal oganLanion that is offletally Jame. Kad Pischeq Ph.D. • USA .'eeognked by outside groups. This can be in the finwu of a town, eitl', nuaicipa'14. or Nets Le miler- USA (]uis.ian K Monet • USA other legahj organized community (such as urban neighborhoods and subdivisions)." Mzrrin Morgan -Taylor• UK (guidelines, p. 2) As an incorporated entity, Fountain Hills meets this requirement. Kellie Pendoley, Ph.A • Ausetalln 'Pm Shotboh- Auu.lia Successful candidate IDSCs must further do all of the following: Leo Smith • USA Combe w'aacer, Ph.A • USA 1. Enact a "quality comprehensive lighting code" containing the following minimum provisions: a. A fully -shielded or full -cutoff standard for all outdoor lighting fixtures exceeding 3000 ]omens initial lamp output; b. Restrictions on total amount of unshielded lighting; c. A policy to address over -lighting; d. A warranting policy for new public outdoor lighting installations: and e. Mandating the use of adaptive controls and curfew's for all new installations of public outdoor lighting 2. Commit to bringing existing municipally -owned lighting into compliance with the requirements of that code within five (5) years of receiving the IDSC designation 3. Demonstrate municipal support for dark skies and quality outdoor lighting through "city publications. flyers, public .service announcements, funding of lighting upgnndes. etc." (guidelines, p. 3) 4. Provide evidence of "broad Sapportfor dark skies from a \ride range of community organizations" (guidelines, p. 3) IDA International Offices Hen,Belgium I Sydncy,.Wsrrah, In neilunr, t1la 1179C carrimi1s to suEmitling a rup,lant to 1[]A or ar arrual Ilasis nagandirgl its actiNilius ar c ary charigas to mur iciplally-ora nuc lighting. Thasa rapons ana cu(i ciach yciair an 1 Oclahcir, anic ara a cont itian of arnival renewal of 1DSC stalus. Formad arlplical ion for 1119C s'latus nciniewal is not rcicluircid, pnovidac that t[ei annu ail rciplarts are submitlac an limci. Tha raplorts may comes fiiarri tflci municipality i1seilf, fnarri an Esu 1horiaac civic gluoup, an jair l ly fiiom both sau rcus. Ani situ action that 1hraalans onigaing 1119C c cisignatiar will ba irivastigalac, and 1]7U muricipeili1y Will Hei afforccid c u ei plracass as CIL ilincic or paglas 1-8 of tl a quit cilirias c acumer 1. PIciasa haus a look al the ciriclcis u ra, aric cantao mei ivitfl aniy qu estianis or caricannis ) ac mai ha%ei. Jah r C. Hararitir a Inteuriailional ❑airk Sky Placeis Program Maniagur Er closure I l cc: M r. & M rs. Jaa Hill, Hountain Hills Dank SN N Associediani INTERNATIONAL DARK -SKY ASSOCIATION 3223 N first Ave - Tucson Arizona 85719 - 520-293-3198 - w .darksky.org TO PRESERVE AND PROTECT THE NIGHTTIME ENVIRONMENT AND OUR HERITAGE OF DARK SKIES THROUGH ENVIRONMENTALLY RESPONSIBLE OUTDOOR LIGHTING DARK SKY COMMUNITY International Dark -Sky Association Dark Sky Community Guidelines October 2014 TABLE OF CONTENTS Table of Contents Definition of an IDA Dark Sky Community Goals for IDA Dark Sky Community Creation Benefits Eligibility (All Must be Met) Minimum Requirements For All Communities Provisional Status Guidelines on the DSC Process Nomination DSC Application Process Steps for Applicant To be Included In DSC Submission IDA Review Process Reassessment of DSC Designations 1 2 2 2 2 3 4 S 5 5 5 6 6 6 Dark Sky Community Designation Guidelines, IDA MINIMUM REQUIREMENTS FOR ALL COMMUNITIES A) Aqua I itycomprehensive lighting code like the IDA/IES Model Lighting Ordinance (MLO) with the following minimum standards (more on developing a lighting code and guidelines may be found on our website htt :/www.darksky.org/outdoorlighting/mlo): i) Fully -shielded orfull-cutoff standard for all lighting fixtures over 3000 lumens initial lamp output (or equivalent wattages), AND; ii) Restrictions on total amount of unshielded lighting, such as a limit on lumens per acre or total site lumens in unshielded fixtures (or equivalent wattages), AND; iii) A policy to address over -lighting, such as energy density caps, lumens/acre caps, or maximum illuminance specifications, AND; iv) A provision that clearly: (I) indicates where, when, and under what circumstances new public outdoor lighting (street lighting and lighting on other public property and rights-of-way) is warranted and will be permitted, and (2) requires that adaptive controls and curfews be employed in all future installations of public outdoor lighting. 8) Community commitment to dark skies and quality lighting as shown by: i) City owned lighting conforming with, or committed to conforming with, the lighting code (if the latter, a published plan with a timeline for completion in no more than 5 years), AND; ii) Municipal support of dark skies and good lighting as indicated through city publications, flyers, public service announcements, funding of lighting upgrades, etc. C) Broad Support for dark skies from a wide range of community organizations such as: I) Chamber of Commerce ii) Local electrical utility iii) Local IDA Chapter iv) Lighting retailers v) Home Owners Association vi) Business Improvement Associations vii) Others D) Community commitment to dark skies and education as shown by at least one of the following: i) Planning and execution of at least two community dark sky awareness events per year. This may be organized through a local astronomy club, municipality, school, etc. AND/OR; Dark Sky Community Designation Guidelines, IDA • A description of the circumstances that currently prevent the Community from meeting the minimum Dark Sky Community requirements; and • An action plan describing steps the aspiring Community will take to meet all program requirements in the specified Provisional status period GUIDELINES ON THE DSC PROCESS NOMINATION The nomination may be initiated by an IDA qualified nominator who has personally reviewed a Community's outdoor lighting and commitment to night sky preservation. To become an IDA qualified nominator you must be an IDA member and be approved by the IDA Dark Sky Places manager. The nomination may be a joint effort between Community and the qualified nominator. Nominators are encouraged to correspond with IDA staff and the Community throughout this process—from first consideration of a DSC through the final submission package. DSC APPLICATION PROCESS STEPS FOR APPLICANT A) Initial contact with IDA by phone or email to discuss the process and receive recommendations followed by continued contact to update IDA staff on progress and receive continued recommendations; B) A formal point of contact (POC) person is designated and their phone, address and email information is forwarded to IDA staff. Before and after designation, any changes to this POC, or their information, must be communicated to IDA in order to ensure accurate communication at all times; C) Official supporting letter for the nomination from elected representatives of the Community, such as the mayor and/or council of a municipality. Any additional letters of support from organizations, clubs, groups, universities, etc.; D) Upon completion, the Community sends the application to IDA staff for review of the document. IDA staff confirms that the application is complete and ready for submission; E) Completed application packet in PDF and/or MS Word .doc format sent electronically to International Dark Sky Places committee (DSPC) by IDA staff for review. F) Submit in plenty of time for IDA staff to review and prepare your application to make the bi-monthly deadline that you prefer, find the deadlines at http:/[www.darksky.org ids . Requests to rush applications will NOT be accepted; meaning that planning ahead is essential if the Community is planning to meet a deadline. Dank Sky Clclmrrlu riity DElsi€lrialiari GL is eliries, IDA SL IzIpinamion a1 ii t Iicatiori of ariy Flarl &I ari a IIIIical ion. 1111 11al sup pressiari of onlir IEl [IubIical ion does rich prEly ent 80 811 Ern th EI Commiltee on 118 IDA Bclanc of DirElctors Inam neac ing all subrrlittEIC letters. REASSESSWNTI OR DSC 119! IG NATION! Ila EIrijL rEl th al COmmurliliElS corllinue to to EIXElmII iri thein protElctiorl aric rElstoraliorl of natu ral ligh 1 stages, IDA will perioc ically neavalu al a Elach sit El in th a Dark Sky RlacEls Pro€lram. IV is is d aria 1 a confirm th al 1 HEI COMM u rlily continues 10 meet 11- a miriimL m rEIgL irElmarlts eiric is making€I aC EIgL ate rinclgnes9 tow arc LMR comp IianCEI gaaIs out IiriElc in 1 h is c acurrlElri1. lio 1 his arid, th EI CorrlmL riity will sLtmit ani armiLaI rarlorl to IDA by C ctolren 1191 c Ell ailing activiliEls and pinagness 1 owarc s rrleel iri€I DSC requirements c L riritl th EI pnevious 1 WEIIN EI mariths. The nepont 9h aL Ic irICIL C e c ales aric brief descriptiarls of anly intElrprEll N EI Ely ants, HEIII1 incl rEltrofit pnOjElcts, ou 1 reach afforls, Ell C. SlamhllEls al F:1rirltEIC matanials anic press arliCIEls Ida lga bEl included. Th EI arinLaI rElport 91 CIL Id rlat rEIgL irEl a gal of 1 imEI 10 pnod Lice, as it SVCIL I be a compilatiori &I inform atiari gerianatEIC d L ning 11 EI year. ElElctroniic SL t missiari Of 1 H EI rEl flort and SL Klporl ing c1OCL mental ion is nequined iri R[IF air Microsoft Wonc llculmat. If the annual neplant is real suflit iri a timElly fashions, IDA ma} susplend 1 h e situ's DSCI stag L S until the annual rEirlarl irlg rEIgL irElmarlt h a9 beElrl n! Ell JSEIEI th EI fol ICly, inEl secl iorl). Ini%estigation aric DL EI ProciElss A DSC d asi@lriaticlri is intElmc Eu to repluesenit 1 h e t eaiririing of an anaoina relal iorishihl t Ell wEleri 1 h EI ComML riily and IDA to aur mL 1 L al beriElfil. IDA will Manioc ically nev iElw the riaturEl of that nelationish ip iri the nequined arlrlLal raports as c Elscnit EIC in the FIrEIviaL S seclion. Fram time to lima, IDA also necai%as cammarll9 from %isitons to C.OmmLriitieslhat naija caricurrls ataL1 11 Elyanacity aric limalifliass all irilonrrlaliori provided la IDA ty site ac miriistrators. IDA may, at its discnaticln, irivestigato claims in %A[ ich it is alleged 11- at DSCs ane rial living LPI 1 a comm it merits mad e 1 cI IDA avid 118 PL t lit iri 11 Elir applical ions to the Ruclanam. 11 is sactiarl C Ell ails 1V EI IDA RrIOCEIC a ra for cannVirla CIL l Such invElsl igcll ions, arlc 1119 rights all li iri SLCh mallens. Ari aIle€laliari of impropniety aoricerning any of the elements all parlicitlatiari in 1 he Rraanam outlined in this c OCLrTIElrl1 is SutjEICt to IDA irivestigation and FlalElrilial narrlec ial aclion iriCILcing 1Elmporary Susparijion and/an permanent nevocationi all 1 h EI DSC d esitlnal iori. IDA slaff shall FlElrfarm c LEI c iligence iri gathering facts conicerriiritl such allegalions it deems crElc ible, aric will preplare a napont a1 ils finidirigs for cans ideral ion ty the D-1IRC. -11118 DSPC cammits lo weighing 118 Ely iC EIricEI fairly aric impartially, aric to seek to resolve cisputEls "I[ erIElvElr possible 1h rCi c ialog. A Clammu riity SutjElCt to an irivesliaatiori shall bEl notifiac in a timely maniniElr aric salicil Elc far ev is Elnice contrary la tH EI sFlacifics oft hEi allegation al h aric . 118 rEISOILtiari marinen all c ialog shall be errlph asiaElc from 118 t egiririin€I, and 1 h e Cammu niity will t e given an aPIFICIn1 L riity 1 o canrect aniy C elliciaricies v, it negarc to th a Rraanam €IL is Ellin as Elstat lisp Elc by 111 EI IDA irIN esti€latiari wit h iri a reasonable time FlElrioc tot a FIrEIScnit ed t y 1 h e li FailurEl to ach iElya consensus thnough these moans nisks a DSRCI rElcorrlmeridatiori llan susgensiari or rElvacalioni of the DSC dusigniation. 11 madEl, such a rElcommenicatiari will to forwardElc to the IDA Boarc of Directons liar farm al ratillicationi t Ellone comini€I into farce. llha Boarc's c Elcisionl on any discipllinary matters im cdv ing a DSC shall LEI consic ElrElc c Edinitive and t inic ing. 7 RESOLUTION NO. 2014-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SEDONA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEDONA AND KEEP SEDONA BEAUTIFUL, INC. PERTAINING TO CITY OF SEDONA INTERNATIONAL DARK SKY COMMUNITY POLICY AND CITY OF SEDONA LIGHTSCAPE MANAGEMENT PLAN. WHEREAS, on August 14, 2014, the City of Sedona ("City") was named the world's eight International Dark Sky Community by the International Dark Sky Association, and WHEREAS, the City has previously approved the Sedona International Dark Sky Community Policy and the Sedona Lightscape Management Plan, and WHEREAS, a Memorandum of Understanding (MOU) between the City and Keep Sedona Beautiful, Inc. (KSB), incorporated herein as Exhibit A, will outline the roles and responsibilities of the parties in order to maintain the dark sky designation, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE COUNCIL OF THE CITY OF SEDONA, ARIZONA, THAT: The City of Sedona, through its Mayor and Council, hereby approves the Memorandum of Understanding (MOU) with KSB, and authorizes its signature by the City Manager. PASSED AND ADOPTED by the Mayor and Council of the City of Sedona, Arizona, this 14th day of October, 2014. Ck FlolEert M. Adams, Mayor ATTEST: .Pa2 , 00 d WLti Susan L. Irvine, CMC, City Clerk APPROVED AS TO FORM: Mike Goimarac, City Attorney Elxhitlit A tci Rescilulion 10'14-27 ME MORAN DUM OFI L NDBRSTP N❑IN G BETIME E N THB CITY C R EIaDONA AND K E E P SE ❑C N A BIBAUTIRUL, IN C R BRTAIN IN G TC CITY CR SEDONA INTBRNATIC NAL DARK SKY C C M ML N 111Y POLICY AN❑ CIi1Y C R SEDONA L IGHTSCARE MAN AGBME Nil PLAN This MEirriorandurn of Undeusitanding (MC UJ is heueby mac a and enteuEid into by anc between ire City of ElEidona ("Ciiy") and Keep `ledana Beautiful, Inc. it"K`I81";, colleallNely refemied is as the "parties": 'I. Pwrose. ilhe pL rposEi oil this MOU is to articulate the hole and responsit iliiies bEriweeri the parties in ire accon iplisrhrrierii of adheuing to 11- e Ciiy ac opted Intennationad Dark Sky Corrirriunily Rolicy (CR) and the Lightscape Mariagerrierii Plan (LMP) in order to rriairiieiin tr a Interinaiional Dark-E-Iky Assrociaiion's designation cil Sedona as ei Dark Sky ComrnL nity. Thuaugr tl- is MCL, the parties agree to collat oriaie, consult and to work togEli I' en as described in thEi CF and LMR. 2. 511ailernEint of lVjukal Benefit and Interests. The parties reaogriize the irriportancEI oil an exclEiptiorial dedicralion to the preservation of the night sky through it e implemeniaiion and enlorcemerii of quality lighting codes, dank sky education, and citizen sLppori for dank skies, and that achieving cesignation as a Dark Sky CorrlrrlL niiy provides many beneiliis to the corrin -IL nity including preservation of thEi riigri sky Bind redLaiions in night time light pollution. 3. Duties c f j1he Parties. The pairtiesr agree to "ark together io maintain ire Daiik Sky designaiian anc io Lphold the tenets o1 dark sky policies as described by the Inteunatiorial Dark -Sky psisiociaiion, anc io follow the provisions of thEi E10doria Land ❑evelopmEini COCEI sreclion X11'1 — Outdoor Lighting. KSB agrees) to act in the role of consuliani and 1 e Ciiy agreEIS to conauli wish anc corisider it a ac\ ice of K`IBI in the specific areas descuibec in 1 e CR "here consuliaiion with WSB is necessary. The parries agree io wouk togeiheu on oir en speaillic areaa c esciubed in it e CP. 4. General Provis6cnsi. The parties agree to the following: • The pariies "ill conault on all insiiallaiions o1 new ouicoou lighiirig ilixiLres, neiuolii and replacement or relocation of all e)iaiing outdoor lighting fbtuuEIS or increases in light iniOnsity of any e)isriing oLic oar ligriing fixtures on city owned inlnasii uL d u re and properties; ill' e parties will consult wr en determining properi adaptive controls and curfews on oLic oor ligHing fixtuuesi where appropriate as described in the CF. • 1II'e parties will \Nook togeiheuio sLppari dark skies and gooc lighting il^Ii the distrit ution of city publications, flyera, public service anriouricemenisi and other llarrris all public communication promoting the acnaepts of dark skies and goad ligr ting; -W a parties shall work togeiheri io mainiain a corrirriitrrieni io providing c ark sky edL cation within II e commuriity by: — Rlarining and exeaLiion cf at leash two corrirriuniiy dark aky awareness events per yeah; — Inclusion of dark sky awareness documents with other community informational documents that are made available to residents and visitors; — Encourage the Sedona Red Rock School District to incorporate dark sky educational materials into any environmental/sustainability programs or classes offered by the District. The parties shall offer the presentation of Dark -Sky events with activities tailored for school-age children. The parties shall work together to establish and maintain a sky brightness measurement program to follow the evolution of light pollution within the Sedona City limits. If possible. this may include the installation of a permanently mounted Night Sky Brightness Monitor (if one is found that is suitable for the Sedona climate) and the parties shall work together and participate in the IDA Global Sky Monitor website. The parties shall work together to file an annual report with the IDA with basic information on upcoming City Capital Improvement Projects that will include new outdoor lighting fixtures. 5. MOU Effective Date and Termination. This MOU between the parties takes effect upon the signature of both parties. The parties agree that January 1 shall be considered the "Anniversary Date" of this MOU. The MOU will be automatically renewed on an annual basis on the Anniversary Date unless either party provides notice of termination to the other by September 30 of the prior year. Keep Sedona Beautiful, Inc. T Cj y of Sedona v� io/3/i/ �_.'M z llq Noris Peterson Date IR6bert M. Adams, Mayor Date Attest: t- J iv -a3 2at t 2'4�O Panne Kendrick Date Susan L. Irvine, City Clerk Date Approved as to form: Mike Goimarac, City Attorney Date Fountain Hills Dark Sky Community designation Information Packet 1. FH Dark Sky Association's request for Council to pursue Dark Sky Community designation including summary of IDA requirements 2. Why Dark Sky Community designation should be sought 3. Examples of astro-tourism 4. Letters of support 5. FH Dark Sky Association brochure March 6, 2017 Dear Mayor Kavanagh and Council Members Brown, DePorter, Leger, Magazine, Tolls, and Yates: The Fountain Hills Dark Sky Association is thankful that the outdoor lighting ordinance to address new technologies has been successfully updated and would now like to seek your approval to pursue the prestigious designation of Fountain Hills as a Dark Sky Community by the International Dark Sky Association (IDA). To give you a good understanding of the next steps in this process, the following is our Association's summary of the IDA requirements that need to be met to apply for the designation. 1. Obtain Council approval of an updated lighting ordinance that meets IDA standards (Done) 2. Provide awareness and education to community a. Give presentations to various community groups (in process) b. Develop Fountain Hills Dark Sky website (Done) c. Develop Dark Sky awareness material (Rack card done) 3. Obtain broad support from wide range of community organizations (Coordinated with presentations) a. Supporting letters will be sought to include in application (some already obtained) 4. Provide examples of 10 projects that conform to updated ordinance (Underway) a. Any project going forward or completed in the recent past prior to adoption of the updated ordinance with a lighting plan that conforms to the updated ordinance qualifies b. Identify any non -conforming lighting whose owner voluntarily updates lighting to conform to new ordinance S. Offer at least two dark sky awareness events per year (Already being done by FH Astronomy Club) 6. Maintain an annual sky brightness measurement program (Already planned) 7: Show municipal support by having Town: a. Adopt a plan for the Town to conform to the updated ordinance within five years, including the 3000K or below CCT guideline. However, any fixtures above 3000K that were IDA -approved at the time of installation fall under "b" just below. This includes the bollards in Fountain Park. All other fixtures above 3000K would need to meet the 5 - year guideline. b. Conform to 3000K or less when changes or replacements are made to existing lighting. c. Provide information either through flyers, public service announcements, or information on Town website 8. Obtain letter of nomination support signed by the Mayor and Town Manager to be included with application. 9. Submit comprehensive application to IDA that includes documentation of the above, along with Town history, map of community, copy of updated lighting ordinance, an IDA member nomination letter, and anyother information deemed helpful. (Will mostly be prepared by Dark Sky Association on behalf of Town) After all the above is completed and the application is submitted to IDA by the Town, their governing Board will review the information and determine whether designation of Dark Sky Community can be granted to Fountain Hills. The time frame from submission to designation is approximately 2 %months. A su cce9Sfu I, EiHlorts %A ill bEi mac e 1 a flerionatEi plositi% El Klu t licity. flame Dark Sky Communities H a\,e obtainec caverafle in pIL plications such as the New Yonk Times, USP Tac ay, aric otH ors. TH a state aric local news plapers %n ill certainly graril coverafle. The designation woulc LEI partiU lanly rie%n swortlly because Fountain h ills WOLIc be orily 11-e second community iri the woulc aric the finsl in 11-e %neslenni U.'_I. adjaceril 1 a a majcir mel nO flalitari area to ach im a the I OriOr. llh is h as Loco m a possit le in Plant because Of t he sky friendly liflh I irifl orc mance tH al FOL ril airs Hills Has al%n ays h ad. A ISO Ih oIrl11L I is Ou r fjeagraphic IocaliOri, %nhich is shielded from the phoenix rrielra niflhtfllow Ly 11-e MCDCIMeII Mountains on oL n %A e31 aric is acjacent to 11-a nelalN oly L relit aneas ori au r other honc ens. WEi stnorigly believe that achievi rig Dark Sky Cammunily desiflrialiari will to a KlOsitive dislincliOri for FOLrilairi Hills aric will be orae more neasoni \nhy KIaOfIIEi miflHt Wises to call Fountain Fills home. NO citHen corrimL riity iri oun metro polilan anea is likely to Bain til is recoflriitiori ariy lime sOOri. WEi respleclfully regL es1 y OL n support for mo% infl farwarc wii h our efforl s. Sincerely, FaLrilairi Hills Dark 5IkyAsscicialiOri Boarc Memtens Joe Bill, CIO-cil air Nancy Hill, Co -chain -led Ellarik Claytori Carey AmteidEiiflh Dabrowski Mank DEirksen Vicky DEInksen Clraifl Gimhel HaLI MC011if1011 Jackie Miles .lorry Miles .lad 5IchIL m WHY FOUNTAIN HILLS SHOULD SEEK DARK SKY COMMUNITY DESIGNATION RELOCATION PUBLICITY There are residents in our community who have researched where to live and have purchased a home in Fountain Hills because it has dark skies and the advantage of being close to a large city. If you add Dark Sky Community designation, and there are only 14 in the world so far, Fountain Hills will receive statewide and potentially national publicity. You will not only add a rare and prestigious form of recognition, but you will be adding one that will capture far-reaching attention in this country and beyond. There are millions in this country alone who have an interest in astronomy. Very likely, many of them have not heard of Fountain Hills. But if we get Dark Sky Community designation, many of them will suddenly become aware of our community, learn about our dark skies, our fountain, our mountain views, our festivals, our sculptures, our golf courses, and much more. As a result, some will resolve to move here and that is a big plus mark in our community's economic column. TOWN PROMOTION We are fortunate that Fountain Hills already has tremendous attributes. We are situated in mountain foothills with mountain views in every direction. We have a fountain that gives us worldwide attention. We have a track record of festivals that other communities can only be jealous of. And there is much more. The mottos or tag lines currently used to promote Fountain Hills include "The Height of Desert Living," and "Get out of the Valley, head for the Hills." These are very good. But let's not forget that we have something that virtually no other community in a major metropolitan area has, and that is dark skies. With Dark Sky Community designation, we could add the following, truly unique tag line; "Home to Mountains, Fountains, Festivals, and Dark Skies." This combination encapsulates the all-important "WHY" you would want to live here and should be promoted, along with our Dark Sky Community designation, perhaps in a creatively designed sign at our Town's entrance and/or in the Town's promotional materials. I_pr•TiDLrlpiF� Astro -tourism is on the rise worldwide. As written in a USA Today article a few months ago, resorts like "SCOttsdalE s Four Seasons at Troon North are pairing stellar dining experiences with packages that look to the sky for stellar guest experiences." Scottsdale is not now, nor will it be any time soon, a Dark Sky Community. Fountain Hills could have that advantage, and the promotion of astro-tourism in conjunction with Dark Sky Community designation could undoubtedly be another plus mark in the economic column. CATALYST FOR PUBLIC OBSERVATORY Dark Sky Community designation will be a catalyst for the possibility of getting a public observatory in Fountain Hills. If Gilbert can attract 8000 visitors per year to its observatory in a city where you can barely see the stars, Fountain Hills, as a designated Dark Sky Community, would likely draw people here from throughout the metropolitan area to experience our night skies. EDUCATION / OUTDOOR LIGHTING COMPLIANCE Finally, Dark Sky designation will help call attention to our unique dark skies and by doing so, aid in the education of our community about smart lighting practices. The Fountain Hills Dark Sky Association is poised to commit time and energy to this education process, which is one of the requirements of being a Dark Sky Community. The FH Dark Sky Association respectfully seeks Town Council support to pursue Dark Sky Community designation and hopes to partner with the Town in this endeavor. Examples of Astro -tourism Westward Look, Tucson, AZ I Tucson has long been a center of the dark -sky movement, and the century -old Westward Look (the oldest resort in town) makes the most of those night skies with its high-powered Celestron 2000 telescope (if you want more options, you're also an hour and a half from the Kitt Peak National Observatory, which has nightly programs and boasts of having the world's largest telescope collection). Enchantment Resort, Sedona, AZ Sedona is an International Dark Sky Community, and the Enchantment Resort, set on 70 acres, has the added advantage of being tucked in a canyon, with shielded light fixtures for further mitigating city lights. Every Tuesday and Saturday evenings, you can get a look at the night skies with the resort telescope and the help of a local astronomer. L'Auberge de Sedona L'Auberge de Sedona has one of the most stunning natural settings in not just t„ the Southwest, but the country, and has capitalized on Sedona's Dark Sky Community designation. In addition to unique features like free duck feeding in the morning and yoga classes, there are stargazing sessions three times a week with a telescope and astronomer. Borrego Springs, California La Casa del Zorro resort is located in one of a handful of Dark Sky -designated communities. To accommodate guests looking to take in the glittering skyline, .;mac-yy the resort has a Stargazing Theater that plays host to celestial events. During this time, an astronomer is on hand to answer questions and let participants view planets, constellations, and meteor showers through telescopes equipped with ports that make it easy to snap photos of the galaxy. Four Seasons Jackson Hole, Jackson Hole, Wyoming oDuring the warmer months, this 124 -room resort overlooking Teton Village hosts regular stargazing evenings (often with snacks and cocktails for adults) using the hotel's state-of-the-art Schmitt-Cassegrain telescope. The kid -friendly resort can also set up stargazing trips into nearby Grand Teton National Park, complete with a chef -prepared picnic dinner. Maui Hyatt Regency, Maui, HI Hawaii is in a league of its own for U.S. stargazing, since it's the only American locale where you can see both Northern and Southern Hemisphere stars. The family -friendly 806 -room Maui Hyatt Regency is not far from the famed Haleakala Observatory, but the resort also boasts its own, on-site perch for stargazers: a 14 -inch reflector telescope, set on the hotel's 9th floor roof, used for the hotel's 'Tour of the Stars,' hosted by the hotel's director of astronomy. Mykonos Grand Hotel & Resort a; The Mykonos Grand Hotel & Resort in Greece is a design -forward luxury property. One of the most appealing factors are the suites -- they feature private swimming pools, two bedrooms, and telescopes for stargazing on the furnished terraces. Sandals Royal Plantation, Jamaica The 74 -room Sandals Royal Plantation snatched a prime patch of beach when it was built and is Ocho Rios's best resort for the buck. In the daytime, guests are surrounded by gorgeous water and at night, travelers in the more expensive rooms can sit on their private verandas and make use of the telescope provided to gaze at the stars. Trout Point Lodge (Nova Scotia, Canada) Located in a region of southwest Nova Scotia noted for Northern Lights displays, Trout Point has developed a full stargazing program that includes an on -staff astronomer, a large outdoor platform, telescopes, and astronomical laser pointer and binoculars. The lodge takes astronomy so seriously that in 2014 it became the world's first Starlight Hotel. During the day, astro- tourists can use the solar telescope to watch bright solar flares explode from the sun. A Few Astro Menu Items Four Seasons resort blends molecular cooking techniques with unique ingredients --such as authentic meteorite dust -- the gourmet offerings feature space - themed, luminescent dishes, such as the Taste the Universe, red snapper and tuna sashimi with "oysters on stars". "Tagua Tagua" surf and turf is served during the dinner as an astronomy specialist directs the high- powered GPS telescope at constellations such as Orion Nebula and planets Saturn and Mars. The Galaxy dessert combines chocolate, mango, pineapple, passion and guava in the form of ar asteroid. Marriott Desert Springs features a Blue Star Martini with (of course) sky citrus vodka, Blue Curacao and fresh lime juice. Tanque Verde Ranch, Tucson features themed cocktails, such as the Starry Night Margarita. Letters of support for pursuing Dark Sky Community designation for Fountain Hills. Many more will be obtained for the Town's application to IDA COPPERWYNQ RES CR -L_& _C1_u_B March 1, 2017 International Dark -Sky Association C/O Fountain Hills Dark Sky Association info@fhdarksky.com Fountain Hills, AZ 85268 Dear IDA Board Of Directors, CopperWynd Resort and Club is supportive of the efforts to have the Town of Fountain Hills designated a Dark Sky Community by the International Dark -Sky Association. Dark Sky Community designation will provide CopperWynd with a unique opportunity to vigorously promote astro-tourism to our guests. Astro -tourism is fast becoming a growing niche in the leisure and vacation business sector. Because of Fountain Hills' dark skies, CopperWynd has already begun having astro-tourism activities such as stargazing parties with an astronomer for our guests and health club members. Without exception, these stargazing parties have been well received. The dark skies of the Town of Fountain Hills, unlike the rest of Maricopa County, have so far been preserved because of our unique location and because our past and present town leaders have been committed to passing dark sky friendly ordinances. With Dark Sky Community designation, our guests, Town residents, and future generations will continue to enjoy the beauty and wonders of our night sky. LSincerel�y,/ 1 m_' I z, Own CopperWynd Resort and Club FOUNTAIN HILLS March 6, 2017 International Dark -Sky Association C/O Fountain Hills Dark Sky Association info@fhdarksky.com Fountain Hills, AZ 85268 Dear IDA Board of Directors, 16100 E. Palisades Blvd. Fountain Hills, AZ 85268 480-664-5500 - - 480.664-5599 Fountain HillsSchools.org As a science instructor, professor, and technology coach to high school and college students, I am supportive of the efforts to have the Town of Fountain Hills designated a Dark Sky Community bythe International Dark -Sky Association. I believe that having the Town of Fountain Hills designated a Dark Sky Community will provide an ongoing incentive to inform and educate our students and citizens about the benefits and importance of maintaining our dark skies. Ourfirst class about the benefits of smart lighting and the causes of light pollution for our Fountain Hills' high school students will be scheduled soon. By educating our students and others, the result will be that our citizens, visitors and future generations will continue to have the opportunity to enjoy the beauty and wonders of our night sky. Dr. Paul Mc Ili tt Fountain Hil s High School - Science Faculty Member Fountain Hills, AZ 85268 March 6, 2017 International Dark -Sky Association C/O Fountain Hills Dark Sky Association info@fhdarksky.com Fountain Hills, AZ 85268 Dear IDA Board of Directors, The Fountain Hills Astronomy Club would like to register its robust support for the efforts to have the Town of Fountain Hills designated a Dark Sky Community by the International Dark - Sky Association. Our Club's monthly downtown sky watches are well attended and the Town's dark skies allow even faint objects like the Crab Nebula to be easily visualized. Fountain Hills has recently strengthened their already strong lighting ordinances to further protect the Town's dark skies. Going forward, continuing this protection will require ongoing efforts to educate the community. The Dark Sky Community designation will be a flagship item around which the Club's educational outreach programs to the community will be organized. We strongly support the designation of the Town of fountain Hills as an International Dark Sky Community. Sincerely, Ted Blank NASA/JPL Solar System Ambassador and co -Founder, Fountain Hills Astronomy Club Fountain Hills, AZ 85268 NOON KIWANIS CLUB International Dark -Sky Association C/O Fountain Hills Dark Sky Association info@fhdarksky.com Fountain Hills, AZ 85268 Dear IDA Board of Directors, As the President of Noon Kiwanis, I would like to commend the Dark -Sky Association for their commitment to making us all aware of the value of smart lighting ordinances. Our members recently benefited from an "enlightening" presentation about the value of preserving dark skies in Fountain Hills. The dark skies of the Town of Fountain Hills, unlike the rest of Maricopa County, have so far been preserved because of our unique location and because our past and present town leaders have been committed to passing dark sky friendly ordinances. However, I'm sure I speak on behalf of the vast majority of our club members in stating that I feel that having the Town of Fountain Hills designated a Dark Sky Community will provide an ongoing incentive to inform and educate our citizens about the benefits and importance of maintaining our dark skies. The result will be that our citizens, visitors and future generations will continue to have the opportunity to enjoy the beauty and wonders of our night sky. Noon Kiwanis is very supportive of the efforts to have the Town of Fountain Hills designated a Dark Sky Community by the International Dark -Sky Association. Sincerely, Ken Brown, President Noon Kiwanis Club Fountain Hills, AZ 85268 WORWO, Partners architects -'z r o r 13 March 2017 14-03-17A08:46 RCVD Mayor and Council Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Re: Dark Sky Ordinance Discussion Honorable Mayor Kavanagh and Town Council Members; Please let this letter stand for being in full support of the adoption of a dark sky ordinance and having Fountain Hills designated a Dark Sky Community...... the beautiful sky and the views it affords both day and night is one of Fountain Hills many invaluable assets. Taking the steps necessary as a community to protect the night sky is the right thing to do. Our firm, Allen+Philp Architects, is responsible for the planning and architectural design of the proposed renovation and expansion of the Copperwynd Resort which comes before you on the 1611 of March (cases #DA2017.01 and #Z2017.02). It is the intention of the resort owners, Sarah Nolan and Bill Hinz, and the design team to 'do our part' by incorporating the fundamentals of dark sky sensitivity and responsible lighting design into the project. This action is good for the community and certainly enhances our guests experience of the resort and of Fountain Hills. Founding partner and Fountain Hills resident, Mark A. Philp =i I S S.I Az 1 1 Jf � i rYalps:a. *How You Can Help Use fully shielded lightfixtures w GQOD BAD Bulbs not directly visible Bulbs directly visible Use only the amount of outdoor light needed- Avoid Light Pollution neje s la saem�& etikxe Pel Fined atdzr ligh'n9 dslen trine ENENN Use warm lights see UAL V Wj Do not use bright is ccr' White lights MJIM on back Avoid light trespass - Don't let lights shine on neighbors' properties -Turn on outdoor lights only when needed or use timers or motion detectors. EHave fun SiargaZing - on your own or at a star party sponsored by the Fountain Hills Library and Astronomy Club (fhasi ronomy.org). .What is, CCT CCT stands for Correlated Color Temperature. It defines color, not brightness of a light source. Lights with CCT of 3000K (Kelvin) are okay. Lower is even better. Lights above 3000K pollute the night sky and block our view of the wonders of the nighttime universe. CORRELATED COLOR TEMPERATURE (CCT) 4500K WARM BRIGHT WHITE 3000K WHITE x xaoaex o.K.uoo. m i^IBo, lal sdWoo f>eno Em,O.Lq lve.Y xIMY,lnnn@1 The American Medical Association (AMA) recommends that outdoor lighting be 3000K or less for health reasons, such as sleep disruption (leads to obesity, depression, diabetes, and more) and disability glare. The Town's lighting ordinance requires all new outdoor lighting be 3000K or less. i 71flza--tis A Dark Sky Application Staff Presentation Town Council -April 6, 2017 Application Requirements Membership fees are $35 annually. A map of the town and census information A copy of the lighting code Evidence of commitment to bring existing municipally -owned lighting into compliance with the requirements of the code within five (5) years of receiving the IDSC designation Application Requirements "Demonstrate municipal support for dark skies and quality outdoor lighting "Provide evidence of broad support for dark skies from a wide range of community organizations" Show " community commitment to dark skies and education Application Requirements Provide " a minimum of ten projects built under the lighting code, demonstrating effective application of the local lighting code" Establish an ongoing program of sky brightness measurement and monitoring Obtain letters of nomination from an IDA member a representative of local elected officials Annual Reports Dates and brief descriptions of any interpretive events, lighting retrofitting projects, outreach efforts, etc. Samples of print materials and press articles Data recorded from light monitoring Stiff Recommendation Move to provide staff with direction regarding the submittal of a Dark Sky designation application �� AInr t TOWN OF FOUNTAIN DILLS ,P o� TOWN COUNCIL Meeting Date: 41612017 AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, 480-816-5139, mmoore@fh,az.gov fh,az.gov REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING pursuant to Zoning Ordinance Section 12.03.F to receive comments on a proposed SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. EI Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". (Case SU2017-02) CONSIDERATION of a proposed SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. EI Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". (Case SU2017-02) Applicant: Dennis Sypkins Applicant Contact Information redactE. Williams Dr. #27483., Fountain Hills, AZ 85268 Owner: Joseph Vale Owner Contact Information: 203 South Smith Road, #104, Tempe, AZ 85281 Property Location: 16810 East El. Pueblo Boulevard, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: 1. Zoning Ordinance - Section 2.02 Special Use Permits 2. Zoning Ordinance - Section 2.04 Site Plan Review Regulations 3. Zoning Ordinance -Section 12.05 Uses Subject to Special Use Permits in C -C Zoning Districts Only Staff Summary (background): EXISTING CONDITIONS: The subject property is an existing commercial building, located at 16810 E. EI Pueblo Blvd. The area for which the request has been made is approximately 1500 square feet of the 2500 square -foot second story of a two- story commercial building. The building is currently vacant. Public access to the subject property is via the parking lot in front of the building to the east. There is also building access on the north side of the building via a dedicated alley. The building was constructed in 1998. According to Town Business License data, no business associated with this building has been registered in at least the last six years. Parking is common to all 13 parcels on the block. The property is zoned C -C _ Common Commercial. Surrounding Land Uses: North T A dedicated alley, vacant land, Desert Creek Fellowship, and the Fountain Hills Charter Page 1 of 4 9U2016-05 - S -Nap Golf Cans 11C � d6,i2a'I i School- Zonec CI -CI SlaulIV - AdOt El Wine & L iquolls and 11V e H ills pizza restaurant - Zonec CI -CI Basil - A parking lot and vacant land - Zonec C -C West - An alley and vacant land - acined C -C RBQL BS11: Tf is appliaaiiorl 1lequestsi approval of a Special Use REirrrill to allow a single-farrily HEisiicence in the C -C pwisuarll lo aorling C1ldinance Seclion 12.05.F. SRBCIAL L SIB RBRMI-n: Sleciiorl 12.05.F. ctll the coning Crdirlance allows single-famiily residences within the CI -CI zoning diciiriot with a Special Use REirrriii. Sleotion 2.02.0 of the aorling Cildinance indicates chat 1V El following facdors si-cwld be conciidered in 111-e ileview of a Special Use Reilmit: 1. Special conditions influenoirlg its locaiicin. Sllaff.• Allovvl,ing rElsudential bsiesi in comrnElrcuad a,istriclls helps to foster) jobs ana serv,iclesi where pleople clari live, vuork, shop and play within a given neighborhood. A a ift-rent rjerspEiclt,ive is eva,luailirig 11he ,incorporlation o1 mixEid uses versus rrludt�ipltEi uses, where one - mixEid bsiesi - jintegnates compkrnenllaiyl uses, while the other - m b )Ito,le uses - potentiaVy has non-nelatEid uses adjacent to Eiach ollher. Mu/11 iflde uses mayl lack connEIC11,1 illy) in l ori rl and funcllicin. MixEid uses tens llo integrate vanicius types of residential dens,illyl vuillh nearby or aa,'aclEint offices and bus,inesisesi suT porting the residential uses, ana vice versa. ,In others wonas, m ixEid-use deve,loprnEint llylpl,iclalily entails) a mix of office, rellaill� and housing. Pen Secdiciri 2.021 cif the 2loning Crla,inanclEi, the intent of a Special Use Permit, "...isi to aillow special bsies ,in splec,itic )locations within such a,istrvicts shall can be designed ana developed ,in a manner which assurles maximum acimpallibblity with adjoining uses" Reviewing the permilltea uses fon 11he C -C - Corrimcin Commercial zoning districll, the mutua,Vy-supportea uses mayl exist. 9eclauaEi 11he usEi goes with 11he ,)arid ana the ownen(s] Etna not the aTplicanll(s) cir res,ident(s), consuderlation should be given to 11hE1 Flolleniliad for diffenenll aemograph,ic groups to use Ilhe subject propenyl as a residence, inciluc ing ekienly ana minor clhularen. Slllaff believes that a resiaence within walking distance frlom a resitauranll, a te,Vowship hale and siclhciojls is applrlopikii1e. ATpicant: I am hopl,ing llhat this wail be gooc fon the corrlmbnityl to have the building fbld of busunessesi to aac value llo the community and area ana down cis a whole. The plan ,is to hawEi a busiiness ciperlatEi aut of Fountain h,ilki to help 11he homeless in aovuntovun Phoenix. For mernberLs cif the community that would )Ike to heITI d wciuda IikEi do b.1Ei 11he sihuthe van to pplov,iae them free 11tlave1(d have motivations cin a pleisonal /evEi)P that are best acicompl,li,9170d byl making the builcirig a viable profillab/Ei centeri fon mbAlVjJle businesses, vvlhiclh I vuil)I work hang do a everyday. 2. R iopasiec looatiorl of L L ildirlgs, parking and o'IV er facilities. Staff. No new buildings are plrloplosec. The existing parking ,is adequate to hangle Ilhisi exisNig c,se, along vuillh anyl futurle grlound-1,bo11 COMMEiricliW uses. ThEi aT plVicant has FlrovidEid a /Eitten horn the plrloplerty manag Eir stating parking spaces fon the rEisudence ane permitted within she Mang e Flarking kill siupplorting 1117 is cotrlmElrcliad block. AppI/icant d vvl,ill bEi using 3 parkirig skCj61c1E19 lion 11he resiaencle, with cine cif the parking spaces being a larges sizE1 out cif the wayl, sci shall I may have a shuhile van cir shb tide bus to be able to a my volbndeer vvlorlk and clharillyl work. 3. Amount cif irafilia likely to be genellaied. Staff. The requesll MA riot generate any ac didionad traffic in excless of the planking dot's cblcu,lation and c esiign capacii11yi Rage 2 oll4 SU20'16-09 - 9 -Nap Golil Cans TC 4,1620'171 4. Influence chat the above facitorsa ane likely to exert on adjoining pnopEldies. Stafll• The ciflaraciler of the area Immediately anoune the propenyl .is used for a wine and liquors stora, a piaza restaurant, a fellowshiy haul, a scihcioil, ana a daycare ceniletL Noise, littler; or When undEasurabile condliliclns thail cioulo negailively affect Me area are not expeciled If ilhe subjecit pnoplertyl has a s,ingile-family riesia encie. Fkiwevery implacta on ilhose using ilhe subject poop erty, whatever) ilhe ao,"acienil uses mayl be, should also be ilaken ,into cacansideriation. Secil ion 2.02.A of the Zoning One inance silalles, "Every) zoning a Otricil cionilainsa ciertain buila,inga, structures and usaea of lana which arse normail ana ccampAementany to permitted L1,90,51in the disilrucil, but which, byl reason of ilheir typical plhypical on operational clharkacilenisticsl, inliuence on the tna uc funcilion of aajacenil streets, on sim,ilan conaitions, arse ciften inciomplailible with adjacent acilivities ane uses." Because a special use pletm it ki spleclific ilo the property and noil the cawnen(sa) ori tEinant(s), allowing a nesioence ae,'acienil tca the pervriittlee uses in the C -C zoning disilnict may result in conflicils. Fon example, should childrlen move ,judo Me second )door of this stnucilure, ilheir uses o1 the property may include recreation such as pdayping splons and games, anc ollher 90nerkai pleeestrian activities in ilhEI plariking areas and drive aiSIE0 ciurrounaing ilhe building. This) cionflicit may impacit both the riesieenils ana the ciommencial tenants in ano nea►i the building. / M arnallive/y, plriovia,ing housing for owneris and/or employees of the commElrciOA space on the first Moon or to nearby busainess(Ep) integrates a cacannection bEitWeen where pleoplAe wcark ana where they) live, ana may plriovioe a more bailanced approach tca housing captions for a diverse ciommunity} hl may also suplpcart the community's economic villa/idyl byl plrcaviding housing ilhat suits the needs of the communillyl's wonkfonce. Aplpilicant: There wild be no adverse effects to the ccammuniilyl. In circ er to recomrrend appno%al of a Speciial Lae Perrr it, the findings of the Corn rrission rrL st t EI tr ai it EI Elstablishrr en'l, rr aintenancia, on operation of the use on It I. ilding aprllied for will rio'l It e c etrirr EInial lo the public r ealth, safely, peace, aclrrfort, arac general welfare of persons residing or working in tr a neigl• borhood of sl. Cil - proposed use, nor shall it be detrimenial or injl. rious to properly and irr proven ents in the neighbour clod or 'lo the general wEIlfare of Ill -El town. The Corr rr ission rr ay also recon rr end 'lo the Town Coy mail any conditions in connecaiion wiir the Special L se Rermit that it c eerr s appropriate to seclL re the intent arid Fµ rposes of tr a clydinaraaEl arac may reciclrr merit negl. iring guararaiees arac e%ic ence tr ai the condiiioras ane being, ar will be, followed. Risk Analysis iloptions or alternatives witr irTrIlications;: Appno%al of 1hEI pnoFlosEII will permit a single•lamily resicence on ite seciond floorall ire sutjecil loaatiorl. Denial of the proposal will HElquine that the applicant eill-Elr re-dElsign portions of the project anchor provide ac c itional inlonmation, or that the applicarai discontiril. a the residential use at the saubjecit property. Fiscal Irr pact (initial arid ongoing ciosais; t L dget status): NIA Bt, dget Reflererice 11page number;: NA Funding Sciurce: NA If Mulilipic Rurdsi uliliaeic, lid Heire: Bt, dgeted; if No, attach Budget Ad; ustrr ent Fcirrr : N A Recommendation(s) by Bcardlls; or Corr rr issaion(s): The Planning & closing Clarr m ission held a pL t lic hearing on Marclr 9, 0017. -1`111-8 Rlanning and coning Clorrmislsion ras ilorNiarced a recommerication to llclwn Couriail to appro\El ire Special Lae Renmit ElLbject io the silipulations recon rr ended by staff arid two adc itional stipulations as follows: Page 3 ol4 Sn2016-05—S-Nap Golf Cars TC 4162017 1. No occupancy permit shall be issued prior to the completion of the tenant improvement permitting process. Said improvements must be reviewed, approved, and pass inspections by the Planning & Zoning Administrator, the Fire Marshall, the Building Official, and the Town Engineer. The following, at a minimum, must be provided at the time a permit application for site improvements is submitted: a. Striping of at least two (2) parking spaces for the residential use in addition to one (1) ADA striped and signed parking space; parking lot striping and signage must be completed prior to issuance of a Certificate of Occupancy. b. Compliance with review comments from Fountain Hills Fire Department dated, not dated (see attached); c. Compliance with review comments from the acting Building Official, dated 2/2/2017 (see attached); d. Compliance with review comments from Fountain Hills Sanitary District, dated 2/6/2017 (see attached); e. Compliance with review comments from the Town Engineer, dated 2/8/2017 (see attached); f. All interior renovations required to meet Building and Fire Safety Codes must be completed and pass inspection prior to issuance of a Certificate of Occupancy; 2. A Certificate of Occupancy must be applied for and granted within 60 days of Town Council approval Staff Recommendation(s): Staff recommends approval of the proposed SPECIAL USE PERMIT to allow a single family residence at 16810 East EI Pueblo Boulevard, located in the "C2- Intermediate Commercial" zoning district, subject to the stipulations recommended by the Planning and Zoning Commission. List Attachment(s): 1. Application 2. Applicant's Narrative (15 pgs) 3. Existing and proposed upstairs floor plans (2 pages) 4. Location Map 5. Photos (3 pgs) 6. Plat Map 7. Letter from Property Manager addressing parking 8. Review comments from Fountain Hills Fire Department, not dated 9. Review comments from Building Official, dated 2/2/2017 10. Review comments from Fountain Hills Sanitary District, dated 2/6/2017 11. Review Comments from Town Engineer, dated 2/8/2017 12. 3/9/2017 Planning and Zoning Commission Minutes SUGGESTED MOTION (for Coanai use(: Move to APPROVE the proposed SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. EI Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District", subject to the stipulations recommended by the Planning & Zoning Commission as outlined in the staff report. `ire dby: (Mans a Moore Sr. Planne i 1�l � Page 4 of 4 DO Not write in :this space —official use only Filing Date i 1" Accepted By i - W. Fee Accepted 4 "1 'O , b 0 ' Case Manager The Town of Fountain Hill PLANNING & ZONING DEPARTMENT - APPLICATION d Abandonment (Plat or Condominium)Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Pian Amendment Ordnance (Text Amendment) Planned Unit Development Tt Preliminary / Final Plat Replat (Lot joins, lot splits, lot line adjust encs) Rezoning (Map) Special Use Permit & Amendments ��pC, — Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, If applicable) Variance Other PROJECT NAME J NATURE OF PROJECT: LEGAL. DESCRIPTION: P)at Na a VEL'' Block I Lots, PROPERTY ADDRESS: It c`� �� � . l�� i�t�l� i �i 7 L��'tj , ij-OAr 7/¢ M ll` (( f� � Y-ts`2.6 PARCEL SIZE (Ages) ASSESSOR PARCEL NUMBERf- -� - NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING PROPOSED ZONING k r 0- ; j711C- iik1 R009 A !;cant Mrs. Mr. fi- Ms. Owner _ Mrs. Mr. Ms. Day Phone Zip: Address: �r i; c �C_L !..i'i) (]' City:',ei�a we P C State: Xf application is being submitted by some6heoc".7,& the owner of the property under consideration, the section below M ust be completed. SIGNATURE OF GW NE#2 /t DATE T HEREBY AUTHORIZE '�_ TO FILE THIS APPLICATION. Please PrnT Sub ri r d and r- ore m tf is day of �� r 20 I ti. r - My Commission Expires el MUNIS KATHLEEN L.CAMPOS APPLICATIDIV 0Fibuir�-- MAPJCOPACOUNIY 4,291 E"pEr°` Business Site Proposal Fcr 16E 1 c East EI Rue blo Blvd Fc urta in Hills, Arizc na Hi BOL. The rENiSEic plein for the buildirg iEi to make 1 resic er ce on tr a sieciond floor for rou gr ly a little more tl1 an half of the floor speice ar d to leei� e tl1 e resit commercial. I've hac cor Eiultation with tl1 e circ l- itect, and cortreictorEi, ar d REialtors, and home irsip ector, anc it seemsi that this will 1: e the routE1 theit wou lc need the IEiast eimourt of cionsitrucition cioEits air d least 2imou nt of & ance to tr e L u ilc ing. I am hoc it g tl1 at this will help facilitate an approval for thEi special u Eie permit. 1111 a main sitairsi on the r orfh siic e of tr e bu ildir g that go up to the sieconc floor for the commercial siidEi "ill r of r eec to bEi char gec ur dEir thiEi prop osal. Or the 2r floor from weEit to eeisit iEi just ei small operirg it thEi hallway thcat will h e Easy to close LID to separatEi thEi commercial from rEisicertieil or the secorc floor. Please see the attach ed exhibits w h icih show the c ifflerer ce h etweer the Urrert arc proposiEic pins which will place jcsit ore residEince cin the siEiconc floor. It is my unc ersitar c ing that by doirg this we will not have to charge any of the stairs, hallways or Eintrar ces or the h u ilc ing Eit all. Making the er tirEi top floor residential wou Ic er tail chEingir g th e eICCEisis to thEi secor c floor anc maybEi hav it g to cheingEi the er trance doing to the secor d floor for aCCE ISIS. This current plar allows for the entire h ottom floor arc half the tcip floor to shay ex actly the same with r o ah anges. am proposing to makEi 1 unit on the top floor for ' r6lsic enaEi. A .2I bEic room h ome, pllease see attEicihl ec exh it it. I would like to ac d twci 4'x4' \Nirc ows to thEi third h edroom anc two 4'x4' uv it dows to the kitchen. Tlh a residence will have a great room concept with the one wBill between the kitchen and living roorri b6ing removed, anc a kitchen isilar d h eir g p laced betuv eer thEi two Eireas. Alsici, to make it f\No Hull beithrooms I have increasiec the size cif the current bathroom to accommodate a beithtlu b. And alsio thEi master is right next) to p lu ml: it g for the current ac jacertl bathroom and I would like to tap irto than watler ifl possiih le so that l ther a is not asi muc h distance to plu mb th e masher bathroom. Th isi new p roposial hast the least amourtl of char cle to * e building, and the only visible cifferercie tlrom tlhe outsice cif the building wou Ic be the adc itlion otl two w inc ows tor th e bedroom anc two wincowsi for We kitten. everytlhirg else will sitay eyactly the sarrie with no charges. I would like to in the futlure be ahlEi to put a riciEi aesithetlic ally pleasing docir asi tlhEi ertlrancEi to the resiicentsi or the flirsit floor to make it look nicer and more appealing. This r evu plar, , is my unc ersitar c ing, vu ill h ave th a least amount) of change and least) amount of impact posisiME1. This new plar incorpor atlesi feec bac k flr om the home it'specitor, the cortrc-ictorlci, the architect, 2snd the realtor's. Much thought from rrriany parties has gone into this, 2snd I hope you like it. ThEir Ei "ill be no adverse effects ilo the commurity. I arra hoping to be able to maragEi the buildirg c ersoncally while livir g there Ca's a resident. My plan isi to operate a businEiss out of onEs of the office suites, and a cheirity out of 2snother, and be Cable to rert out the rest ofthe office splices to Isuccesisifu II t usinEssse's. I am hoc it g th al tlh isi will be gooc tor the comrriur ity to have the buildirg full of businesses to add value to the corrimu nity ar d eirea 2snd town a's a whole. Bot, or a of my mcair goal's is to h elp the commur ity ar d th e world it my little w2sy beflore I pass'. llh is is really my main motivation flor this Entire project. I rEialiae this may roll have a place in a bu sir es's trar. ssactior . I wou Ic like to adc value to h u manilly t eflore I pa's's or . I h avEi also t eer Iookirg into t usinesse's that I can start llhatl arEi errriployee-owr ed that will provide gooc ,jots to people 2snd also dive them the proflitl directly from the bu'siressss. I really am roll look irg To make a lot of money myself, but rather my sincere wish is to make the people's lives around me better. If I can start businesses and charities that will survive me, and continue to help people after I am gone, then I would have accomplished my real goals for this property and other things I am doing. This is me with a Syrian refugee I was helping, and he was helping me give coffee to the homeless. This is an elderly lady in her nineties living in a modest mobile home park in Phoenix that I bring pizza to once a month. She can not Drive anymore, so I bring her Pizza once a month from her favorite pizza Papa Murphy's. And I make it for her in her oven and spend a little time with her so she can have her favorite pizza. I have restaurants, businesses, and families volunteering time and provisions to help me so I can bring items down to homeless in downtown Phoenix. Sometimes at 4 o'clock in the morning in the winter I get up early to make homemade gourmet coffee for the homeless so that they will have something nice and special to drink when they get up and are cold on winter mornings Sometimes the lines for my gormet coffee, clothing, food, donuts, supplies, candy, meals, and miscellaneous items go all the way around the block for people in need of these things. I have gotten very good feedback that I make the best coffee and they appreciate that I keep it strong and I add good flavors making sometimes hazelnut coffee or vanilla coffee and other things. They have told me that many times their coffee is watered down and they appreciate the quality of what I give to them. it is imporlart to poirt out that there isi ro plan whatsoevEir for br it cling homeless to Fou ntair H ills, cir Disitrih a ting it Fou r tair Hills. Rather, thEi plar is to have the bu ssir ess operatEi out of Fourtain Hills to help the horrieless in dow r town Rhoenix. also for members cif th e corrimu nity th at would like to help I wciuld like to u -se the shuttle van to providEi them frEie travEil to help it distributirc to thEi homelEiss it dciw r town Rhoenix for those th at may war t to da csommu r ity service. I may also like to, H the towr of Fourtain Hill -s allowsi me, to also coordinate with the towr of Fourtain Hills anc City of RHoEinix ass a.joint efforl to help the overall commu nity and area but that iss sorrieth it g EIISEi maybe for the suture. I'm assuming there are rot mar homeless it Fourtain Hill -s, but if there arEi I would be happy to h elp them th ere ass w Ell. thEisse th it gsi I do w h ich I am sharing with you what really are rriy mast motivatior ss for 11H e bu ildir c or a perssor al level; this iss best accomplisshec by mEiWir g th e H uilc ing a viah le profitable CEinter for mu Itir)Ei bussiressses, which I will work harc to do everyday. It is my stir Gere wic h to be a resiidEint of Rou r tair Hills usurp the small portion of the h u ilc it g on top as a resiidenc Ei arc mar agir cl the h u ilc ing anc mEinaclir g the charity ar d brir cling Value to the town of Fountair Hills. "ill be u sir g 3 p ark it g spaces for the r Eisiic er c Ei, with ore Of thEi parking spaces being a larger size out of the way, ouf in the ciorrer somewhEirEi, so than I may have ei shuttle var or shuttle bus to Le able to do my volu ntEier work ar d community service work and voluntEier work arc cheirity work for the homEiless and single mothEirsi anc fatherless children. The p Ian for thEi USEi of the propEirty iir clu desi mak it cl it a fur ctioning & p rofitlah IEi comrrlEirciial p roperfy to help the commur ity by h r incing adc itional businessEis ar d higher quality of life to the ciommurity anc additlioral tax revEinuE1 to thEi llowr of Fourtlair Hillls There will h e r o ac verse effect -s du E1 to this p Iern. Thank you very much for the help and guidance and time you have given us towards thus project, Dennis Sypkens • East Williams Drive J= Scottsdale, AZ 85255 i— -XIS TJAI�l Upstairs Floorplan n n o 'o 0 0 3 3 N H �i __ r ..III n o m 9 O � I v wm ,1 a I < o x i 3 s m �t�j m p �dy )� 0 3 w �� v T O O '6 3 Attachment 4. Location Map Attachment 5. Photos pSubjjcctProperty looking northwest t Google Earth street view from the alley Subject Property �� 3��'liB3L1' ..� Z'v.�'_l.. • � • ^'YYlJ Google Earth street view from E. El Pueblo Blvd. looking west toward the subjectrd the subject proporty #r 11 Googlc Faith 3-D aciial image looking southy csI. SHEET 51 AE 2 SHEETS FOUNTAIN HILLS ARIZONA l AMENDED FINAL PLAT NO 106 0 A mo3ol a! o °aN^° Of 5°RIIr1ni p fl 11• T.AN, 9.[.C,, of Id !tY'-1-20 Cant-. A0—. Scala I` • 100' FOUNTAIN HILLS, ARIZONA B + =i 7 / f n u a a I �: �— 3i�i7� F. w•E -mss �p� "� E a •a � �._,rc "� V RR.nc is s' i of iE _ tf 4t • V �4 N f s n i°} N w:.•..- I' pERCEr — a • L � y C;�}' {11 .. ,..�. -.. _ s •M• I r� wwrr`pp'� �n � '' f +�A•b. j 1 1UT "� e a fr n I .AMKE( <' J I, a� '. Y t 6 w1 d• i l � . • ��. ��II , f r . • � ..e. a ... `lay ill' •L�\ .. � " fe � 4Af �'°q t=s �' ZL rir-t cc ._. , ° .-, wy 1 f n remr.o rfBn• .f, f� 1 O i_ Re r ?� •' � � rcE n •• s �r • m IaN �'i �:' a - _ -i�ryi ���.1�s dr~ ac • � .f � fr �6 b IN1 pi 'i / SIYaf w j`�•'.'" � S'aPe 'rr y� r rl•�f + � E �'' Q d f[t EYw'> � /i/ n �-fr• � yifM,c t. aJ�, N J• n 0 � i 111 .o _ .1 �$ .� ` 'Y�'8 - v:.• s.w " e' � �r�1• W 14�r� [1 BcBjYn' .... r... � �_S 577 V C 5 O •H •tl � U W H b lu �+ q O FOUNTAIN HILLS ARIZONA, AMENDED FINAL PLAT NO 106 " 'eplal of 0 P-'- •• S•cticnt 10a II. T T_N., RAE. of Ip• �.fte 9.p vY., : YanaaQo 'W11. Aman . Scup, f =ZW CONVEYAXGE ono DEDICATIO;i _ •_-�^ ��r.r-mow .... _",Y. +� W..�.•..�-en+r � 'w. r_.. �. A-- `"."�, ..mom :• �.. _ .�'n•i •..s..�`.,,`t3rf`� �r- NDTARe A;ff&M EDG -,yF,yT ACCEPrANGE EI�Yeld!'FR GE8T1F/CA7•F CM&r] ARE&UA. s FOUNTAIN HILLS, ARIZONA xrsi'iu v __ iNr�r o � ` �F SWFET 1 QE 2 SHEETS e .� Y•fO.Atp 40 _ 01 5 i O � m CL llir lW a -' of o •H UI civil INGINIIpINn �H O H 'M a d N W V N N 21 o 41 on RITMWE ILLTY ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ January 24, 2017 Town of Fountain Hills Planning & Zoning Department To Whom It May Concern: It is my understanding that one of the property owners in Tract 106 in Fountain Hills has applied for a special use permit. I am writing to let you know that the Board of Directors of the Tract 106 Property Owners' Association has no issues with any of the property's tenants or occupants using any of the parking spots in the entire lot on the corner of El Pueblo Blvd. and Ivory Drive. If you have any further questions, please feel free to contact me. A /r' il Carol Ellithorpe Property Manager Tract 106 Property Owners' Association ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ e 16814 AVENUE Or THE FOUNTAINS SUITE 246 FOUNTAIN HIL'L'S, ARIZONA 85268 484.889.25141484.857.4758 rAX To: Bob Rodgers, Marissa Moore From: Jason S. Payne Re: SUP 2017-02 Fountain Hills Fire Department Office of the Fire Marshal Jason S. Payne Assistant Fire Chief / Fire Marshal 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 (480) 816-5114 Fax (480)837-6167 w .fh.az.gov I have reviewed this Special Use Permit #SU -2017-02 at 16810 E. El Pueblo Blvd. It is requested for living quarters (residential zone) in a commercial building and zone. The Town must approve the use change. Below are the requirements for residential living quarters. • If occupancy type changes, entire building must be up to current 2012 IFC/IBC codes. • Fire Sprinkler and fire alarm must be installed per NFPA 13, IBC/IFC and town amendments. Jason S. Payne Assistant Fire Chief / Fire Marshal 2(/ a - Z017-6Z O a aJ4 /4,,P/0 Av/p o /vl 4kr Apf.,140 !i c !a CoroK wS !!aw ✓ e Zo/Z � G {7o S� /�Gvrrfior�S 7/0 9±!ge bAvAe.-,r G ✓ ✓ n Df ,% %v✓ toa r6'v� err. 41 %holt l iww c Gtr rr � rri r f>-.rr.Fvr� // LL G/I rn JH YI oHS //,� OT ce G TK rH v/ LlrK 1Lucfrive w roi � fl! Q /cr en . 7Or C^dcSri MA✓ �lCllU( & Ise I-em sea oyer. AK 4.14 -r rIG frorjT QKLP i�Grl T G l e m e a fS .z? 6�r(arrH e! !,f irw' srr.� /i oM5 ✓ 7% e- Zo/2e-on off. qo C <r r*•. a ht/ /1t �/tt./� i a vle o2 e Me �/der+ eL / / 07 rte St le 41;;2LIoe OT OkX rK -v n � 1 ✓e � roe- v creS aSl svo h rrrlar.:r ! ' Of !a co wr/47 a4,5 Code- a e4✓OGCv 4"- -Oe-'r- -eeeS. F GC fs c r u/✓G .v e., Gert occ� sac. s . G✓ ars f✓MG �lor7 !./ec es FS ,. ✓ t � .� L�Gfr ro Is/ W .•� o rCd %!C. Of e- V✓ 6�lo✓I lv&C4 4eO o tK �q !�i'tiL fie ` l%LG•w7Gnf3 . f Zoll L Fdno%i .4ue b!b eF cx�s fi•: bt t & c. c h fh rS u/ �C IeW k GaNr / w fY, AC "A"k1a CAV kr /! of- AIT ti f .G I it DC DATE: MEMO TO: 10"u FOUNTAIN HILLS SANITARY DISTRICT 16941 E. PEPPERWOOD CIRCLE FOUNTAIN HILLS, AZ 85268.2901 TELEPHONE: 480-837-9444 FAX: 480.837,0819 - w vaz4hsd.gov .ar i.—a *1� �..; February 6, 2017 Marissa Moore Town of Fountain Hills Chris Kiriluk RE: 16810 E. El Pueblo Boulevard Residential in Commercial Zone Case No. SU2017-02 (M#7537) First Submittal FEB 07 2017 BY: I have reviewed the above referenced submittal for conformance with District requirements and have the following comments: 1. This address is currently being billed for commercial use. If the proposed residential facilities are installed, this address will continue to be billed at the higher commercial rate until such time as a separate water meter is installed solely dedicated for residential use. cc: Dennis Sypkens _E. Williams Drive _ Scottsdale, AZ. 85255 Hazel Cunningham Bill Cunningham /cdk 16810 H1 Puclblo — HU 201 �1-021 DRA FT TO: arissa J Town of FOUNTAIN HIIJIJS Uev elopmen t Services Department 'fat it pai' Fat ruarN 8, 2(117 Attn: Marissa Moomi Re: SLI 201702; 16810 E] Pucblcl (residential :in commercial) Hngincciiiing rceclmmends 1hc1 folaclwing racluirclmlents for Vhis SUPT: • AIICIjiCEl �jerifical ion that this proposed t. sage camplies ti itH the CCI R's andyorl cll1-En IlElgt. illElments ilorl 1 H EI a rlc Elrl) incl Plat 1106 and the FIEllZllat cif Lots ]IEI & 117. QA IettElll fllClm 1 l' Ei HOA is CIK 1 a szltisfy this.) • Show alnd KllICNiC EI -I ZIc EFdu al EI pariking Icil stEllls. QS1 wiping + arly other rlEleded repairs to Elxistirla curb, aspH alt, Ell 0.) 41 Note Elnd plriovide any ZI(IC1EIss impifovemerlts rIEIEIC EIC ICI mElet ourrerlt BLilc ing Code 118gLillElmerlts for this t.sage. a Show "t alt allleas N ill be lalrlldscalZIEIC pElr Town rlequimarriElrlts. Landscalple l l'CIS El ZMERI5 pificir to ocaupzrncy. 'HI ank you. Youiis wiry truly, Rarlc y L. Harrell, PH, SD, RLIH, CFM 'Mown Hrigincier 16705 F. Plvenue all tt e Fountains —Fountain I till,. Arimina 85M8—(4f10) f 16-5100- Fax(480)837-3145 01TOA Ins] = M1•1 9 1 1 1 41": arr Prp.qPntatir o i hat is Agt V SU2017-02 Sypkins Special Use Permit- Single-family in Commercial 16810 E. El Pueblo Boulevard Location Map Location Map Site Photos � f ,: ,. Subject Property PEtZ Recommendation: ApVEove a Special Use Permit to allow A Single-familv Residence in the C -C — Common Commercial zoning district at 16810 E. El Pueblo Boulevard, with stipulations outlined in the staff report Staff Recommendation: Approve Ar r TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 416/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, 480-8165139, mmoore@fh.az.gov 1. REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING pursuant to Zoning Ordinance Section 12.05.J and 12.05.K to receive comments on a proposed SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. (Case SU2016-05) 2. CONSIDERATION of a SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. (Case SU2016-05) Applicant: Louis Anderson Applicant Contact Information: 26208 N. Avenida Del Ray, Rio Verde, AZ 85263 (480) 471-3189 Owner: Leonard Miceli Owner Contact Information: 11605 N. Saguaro Boulevard, Fountain Hills, AZ 85268 Property location: 11605 N. Saguaro Blvd., Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: 1. Zoning Ordinance - Section 2.02 Special Use Permits 2. Zoning Ordinance - Section 12.05.J and K. Uses Subject to Special Use Permits in C-2 Zoning Districts Only Staff Summary (background): EXISTING CONDITIONS: The subject property is an existing commercial building, located at 11605 N. Saguaro Boulevard. The area for which the request has been made is one unit of three commercial units on the ground floor of a two-story commercial building and is approximately 1400 square feet. The building is currently vacant, with the exception of the second -floor non -conforming residence. The subject property is adjacent to an auto repair shop on Saguaro Boulevard to the north, and the Fountain Hills Unified Schools warehouse receiving and transportation department on Rand Drive to the east. Public access to the subject property is via the Saguaro Boulevard frontage road. There is also building access on Rand Drive via a screened gate. Parking is common to all four (4) units on the property. The property is zoned C-2 — Intermediate Commercial. Surrounding Land Uses: Page 1 of 5 9L.10 16-05 - S -Nap Galf Claus HC � A6j1'10,17 North — L iberty Auto Center — Toned C-2 Soutfl — Reiric Drive, Fountain Hills Com m L nity Theater — ZonElc CI -2I Basi — F. F. L nified School WarehoLSEI REICIEliving arlc Transportation Dept - Zoned C-2 "eat — SagL aro HOL levard, Mull iilamily HoL sing — 2lorled R-3 RBQL BST: This applicallion requests appno%al of a SlFlecial Lee Renmii to allclw CLsiom solar clolf car assElrrtly and sales pL reuarli 11a Zoning C rc inancle Section '12.05. and 12.05.w. SRBCIIAL LE -18 RBRMI-9: Section '12.05.J. Light assemtly arlc storage as an accessory use if all of the following criteria are met: 1. Any assem bly or storage aneas associaiec wish assembly activities shall not oacupy more il' an nifty (50%; peraerli of Elnclosed building splace L SElc for 1 F El business. 2. Tf ere sf all tEI na use of f•azardous rrallElrials involvElc in the assembly openationls). Section '12.05.K. New and used auiomot ile, incluc ing oulsidEl c isplay anea, provic ed all sales arlc neplair aciliviiies ane condL cited within a building. Secticin 2.02.D of Ie a Zoning C rc inance indicates 1 hat 1 he following factors shoulc t EI considenec in toe ne%iew of a Slpeoial Use Renmit: _Special conditions influerlciirlg its locallion. Sllafft ObjecllivEl 3.2 of IIhEI Land Use Eilemenil of the Fountain hhilld GenElraA Plan 2010 stalled, "The Town should siludy iddues ana implement soilullions ralatea to infill, revillalizailion, and rleaeveloplment of the clommercial lana ana exisiling uses along Shea Elouilevara ana Saguaro BoulElvard." Avowing an appropriate use fors that S�10cific area woo la giomote revitailization. Ipprloving a Splecliall Use Flermiil llhat allows more intense udEld than ilhose than are gffiarallyl pletmitl ec in clommerlcia,l a istructs may) he dal to foalleti obs ana services where peopl/El frleg4 Emil 1 or other) non-residential neeas. Per Secllion 2.L12.A of the 2loning Orainance, the .intent of a 51peclial Use FIElrmit, "...is llo allow special uses in splecufic locations w thin such a istricils llhall can be aesigned and deve,lopEld in a rrlannerl which assures maximum comAlatibiliilyl with adjoining WHUI" Reviewing ilhe perlmitled uses fors the CI -2 — /ntElrmE101ate Commercial zoning aistrucll, staffl believes complafibillityl of the uses exiialls: an auto repair shop and a ilrlansponation/warehouse hub on two sides, a theater) ana rrlulti-familyl development, sePlaratea byl an anerial skeet, on the other) two siaes. This applicant has submitlled a requesll tori a mode inilense Lae (light assembly) ana auto sales) on ilhEI 1kst floor of a & iia trig with similar) ana corrlpatible uses nearbyl. 2. Proposed local ion all builc ings, pankirlg arlc other facilii ies. S11aff.• No new bui1cings arse plropocmd. 71he Elxidiling parking is adequalle to handle this exisiling use, along willh any Wture commeraial u, -Mw. 71he exisiling Marking is located to llhe Mar of the building. hl is currently usea as siloragEl and is gallec. In order to meet the 12 raqu'vlea Marking spaces, the dilorage containers and other rrlaterials locatEld within llhEl Tla4lirig arEla woula neea to be rlerrlovao. One space wouk neEld 110 be aesignated as ADA accessible to meell minimurrl loch/ ana federal parking requiremenils. The gapes would have to rarrain apen during business hound to accommodalle clustorrlerls. 71her1e is an access easemenil along the nclrth side of IIhEI proAlertyl in which no vehicl/es or mallerials clan be stared. 71he a�plicant has also mentionea that llheyl would Nike llo use zi ramp) llo move vehicles ihlo ana out of IIhEI work area of llhEl sub,'eclt Lriit yin IIhEI building. This ramp) would Ofririge on the accElds easemenil arlea where in use ana thus sho0d be ponabla ana should not be Jocatea in ilhis arezl for any duration ilonger 11han irrlmediato loaa ing and unloading aclliviilies. 71he aumplster is rlequired to be located within an Elnclosurle and is inilenaea to meet ilhe nEleds of ilhe L ses in llhe bui 1c ing. Trlash g enElralled by llenanls musll bEl disposed of on sita. Slhoula the Special Use Perlmiil be ap�lroved, sllafflrecommencs thall the /ogisticls of the ramp) ana provisions of llhe llrash recepltaclle be giovia ed as si*1 /anion of approval of a cen ificate of Rage 2 ol5 SUKH EI -05 - 9 -Nap Golil Cans TC 4,16112(117 occupancryi On Marcitl 22, stahl recEuvea a narrative hiom thEl applicant detaining "Component Stomige & Disposal" Stafllre0dwea llhisl narrative and bEllieves A sailkifies stipulapicins 3.a. ana 3.c. 3. Amount of lrafilic likely to be generated. Staflh ThEI ne%esll will ncill generaile any aaa,il6ionai 11r1afficl ,in excess cif the par�Nirig dot's ckicuilation and dEisign capacity) 7Yie applicanp nailed in i1 iin narrativa (prcividea as an atilachment) 11hat onilyl one g cihf can wild be assembiled at a of El. Stafll is rocicirrmending a stipuilation that a storage area lop the god Cans i:i pnovidad to i1hEi rlearl of the building tend riot on tele sidEiEi or Mont. This stipuilation ,is based on 11he location of 11he preop erty lines ana easements. This silonas EI should noil take up any of the raqu ries parlking spaces. 4. Infll ence that the above llactors are likely to exec on adiclining properties. Silaff.The character of the area ,immeaiallely around the property) ,is used lore autcirroliive repairs and trlansportallion acllivities, as wed as a corrmunillyl theater and artEii road that CiEiparlailes the plrlopertyfrarr arr, uh,Wamilylreciialentialdevelopmen11. Specifici to the raquest lore a Splecial Use Pervrit are the crutaria sEul lonh ,in Section 12.05.J "Dight asserrbAy and stomige as an accessciryl use if ad of the following cniitaria are met. 1. / ny asserr bili on storage areas associated willh assembly ac1liv,ities shall not occupy more 11han fifty (50%) percent of EInci/osea building .11p 61CIE1 used far tele busiiriess. 2. ThEirEl shall bEi no use of hazarlaous rraileriEuls invcAvea in llhe asserrbly oplerabonii S Haff rlecomrr Elnds these clriilenia be ,inclludea as stip u/apicins of apprloval of the Sp Elciail Use Pervr ill. Theae stip uilations are providea in dEdaiA in "StzihIREICIorrmendzulioris"below. S Ei I[& 2.02.A of Me Zcining Orla,inanClEl spates, "Elvenyl zoning a,istricill conilains certain bulla ing s, sllnucturEls and uses of /arid which are now al and torr p lerrentaryl tci p Elrm ittEld uses yin thEi distruicll, but whkifl, bYe reason of thele typlicail physical ori operational characitenstics, influence on ilhe taiflic funCliiion of adjacent stroeps, on s,M,ilar ccina itions, arae often ,incomplal6iblEl with adi activities ana uses." ElecaU,90 a Special Use Perurill is STIEIClific to the property ana not the owneriii on tenant(sj, staff believea alnowing light assEirrbAy ano autorr obile sakis and repairs adjacent 110 thEi permitilea uses ,in the C-2 zoning disii yip ecif a to this location 110 be applriopniate. In thEi applicant's narrative, i1i spate, "ThEirEi would be no adverse impact on the surrounding plrloplerties. ThEi op ElnEulicins wouila not entail any obtrusive light, noise on 11r1affic. The graunas wilil be clean ana ciluttlerl-freEi and be prlesentea in a professional manner." Per tele nequesil Aom the FVannirig and Zoning Commission auning the Manch 16 meeting, thEi aplplicant proviaed a narrative detailrig corrponenp storage and disposal (,pease find ,in atllachmenl1i In order) to apiprove the Special )Jae REirmil, the findings of the Counail siould bEi that the establisl-merli, mainleriance, or operation of Re use or building applied for will riot t e c etrimental to the Flublia healli , safely, peace, comifori, and general welfare of persons residing ar working in ti a neigi borhocic cif such proposed use, nor shall it be dEiirimenial or injL rious to property aric im Flroverrents in tie neigf t orhood or to the general welfare all lie town. The -flown Counail rr ay also irr pose any conc tlions in conneclian with the Special Use Rellmit ti at it deems approFllliale to sect re the irllerll arlc purposes of the orc inariClEi and rr ay ilequine gL arantees and evidencie that lie conditions arEi being, or will be, followed. Page I ef;l :IL 2016-05 — 9-N ap Gall Cams 7C Q612017 Risk Analysis (orliionsi or alternatives will- imipliciaiicns : Arlproval oil the rlrcposal will rlerrriii light asserrit ly and golf car sales and repairs at 11' E1 sut,jecll lociaiicn. Denial of the pnorlosal will require II -al the apirilicarii eilhElr ne-cesiign plodicns of the pnojecll, provide acc itional informialiclri, or that 11`0 apirilicaril miove the use 'lo a difflerent r1roperty. Fiscal Impact (inillial and ongaing coslls; t udgel status): NiIA Budget Reference (page nLmitElr;: NA Funding Source: NA 11 MOUP11e Hundsi dilimid, Hsi here: Budgeted; if Noi, attach Budget Adjustment Fermi: NA Reccimrmiendation(s) by Board(s) cir Coimmissicin(s): The Rlarining & coning Commission I-Eild a rlublia f' earing on March 9, 3017. During the pct lic heaning, a miemit er all if' a Commission regc esiec that a rEl%iew of the storage and c iciposal of the rriaierial components of this business be made beilone this item cloes to Clot ncil. The Planning and Zoning Clarrimission has farwarc ed a recommendation lo Town Coy ricil 11a aFlrlrove the Slpeaial L SO Rermit sut jeci to the siipulalions neaarrimierlc ed by staff aric two addiiicrial ciiirlulations as ilollows: 1. -Ue arlplioarii sihall be penmiited lo perform riew and used automobiles scales and repains, aric light asserribly of golil cars in one aorrimiencial L nit oil 111'Elaunneriily vacant t uilc ing; J. No occupanay penmit sl•all be issLElc prion to the comiplellion of the tenant improvement rlermiiting process. Said imipno%emierlls miusl be reviewec , arlrlroved, and pass inspections by the Manning 81 coning Adminisiirator, the Fire Marshall, the Building Official, and the Town Engineer. The follawing, all a minimum, mush be providElc al if' a iimie a penmit application lion site irrirlrovemienis is SL bmitiled: 3. A detailed engineered site plan to include: a. Interion lay oL 1, c etailing specific loaaiicns all the businecisi will -in 111•e sL tject t L ilding to c e11E1rmine the percentage of the t uilc ing 11 -al is being used fon asserrit ly anc sllaracle, which cannot exceed fifty rlercent (50%: of the enclosec builc ing space, and c ellailing A❑AI aciclessit ility to the interion of the building; b. Ranking lot layout inalLcing one ('I; ADA accessible srlace with slnirling aric signage that rreels the flown coning Ordinance; c. Storage layaull for golf aans not k epi irilenior to if' e t uilc ing, which cannal reduce on if' a negl ired riark ing cipaces; d. ❑eliverM layout inalc ding specifications of constrc clion aric location of a ramip used lo acaElss the interion of 11f• e t L ilding as well as 1f E1 location wl• ere it will be silonElc when not in use lion c eliveniEW; 4. I'll' El rlroperty owner mist suprlly the Town with a signed anc rioiarized agneEirrkinl that ihene will be no hazardoL s materials, as definec t y OIII- A, anc -Safety Data SIf' eetci m ust be providec to the -lawn Fire Marsl• all for all al- err icals used on site as aprllicable; 9. -01-a apirilicani anc don property awner rrc st provide adegi. a11e waste recepiaale arlC Elnclosc re for the resrleciive business(es ; EI. Rark ing lot striping and signage miust t e cion, rlle'lec rlrior to issuance all a Cera iilicaie of OCCII. rlancy. a. Corn pliance willnexiElw torrmerits ilromi Fogy main Hills Flire Deparlrri ent L ndated El. Corr pliance willnexiElw torrmerits ilrom 111•e acting Building OfIliaial c ated 21212017 9. Corr pliance wi11f nexiElw aorrmems ilrom Fogy main Hills Saniiaryl District dated 2/3/20'17 10. A Certificate of Oacurlancy must t e arlpliElc fon and issuec within E10 c ays of flown Coy ncil appnoval Page 4 of 5 SU201"5 - S -Nap Golf Cars TC 4/6/2017 Staff Recommendation(s): Staff recommends approval of the proposed SPECIAL USE PERMIT to allow custom solar golf car assembly and sales at 11605 North Saguaro Boulevard, located in the "C2- Intermediate Commercial" zoning district, subject to the stipulations recommended by the Planning and Zoning Commission. List Affachment(s): 1. Application 2. Applicant's Narrative and Business Details (4 pages) 3. Plat Map 4. Location Map 5. Photos (2 pgs) 6. Interior floor plan (estimated) 7. Site Plan 8. Review comments from Fountain Hills Fire Department undated 9. Review comments from the acting Building Official dated 2/2/2017 10. Review comments from Fountain Hills Sanitary District dated 2/3/2017 11. Applicant's letter from Architect dated February 21, 2017 12. 3/9/2017 Planning and Zoning Commission Minutes 13. Narrative Report — Component Storage & Disposal SUGGESTED MOTION (for Coundl pee): Move to approve the proposed SPECIAL USE PERMIT to allow custom solar golf car assembly and sales at 11605 North Saguaro Boulevard, located in the "C -2 -Intermediate Commercial" zoning district, subject to the stipulations recommended by the Planning & Zoning Commission as outlined in the staff report. Pr rdby Maris a Moore, Sr. Planner /327201 ;9 P Approv Berl Mallard, uevelopment ervmesir— eb ctor 312 i77di7— Grady Miller, Tort ager 3/29/2017 Page 5 of $ DO Not write in this space --official use only Filing Date 1)� [ � Accepted By . 1\004 Fee Accepted VtS, DD Case Manager IAVA55k r*AU The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement:: HPE Change or Abandonment Genera[ Plan Amendment Ordinance (Text Amendment) Planned Unit Development TT Preliminary/ Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) ,i Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT: LEGAL DESCRIPTION: Plat Name Fountain Hills Arizona Final Plat No. 302 Block 4 Lot 6 PROPERTY ADDRESS: 11605KSaguaro Blvd., Founlain hills, AZ 85268 PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER 176-08-465A NUMBER. OF UNITS PROPOSED NIA TRACT'S NIA EXISTING ZONING NIA PROPOSED ZONING N/A Anolicant Mrs, Louis R. Anderson - S -NAP Golf Cars LLC Day Phone 480-471-3189 Mr. Ms. Address: 26209 N Avenida Uel Ray City: Ria Verde State: AZ Zip: 85263 Email: s-napgolfcars@cox.net Owner Mrs. Leonard Miceli Day Phone 111110MI11111 •� Mr. Ms. Address: 11605 E Saguaro Blvd. City: Fountain Hills State: AZ Zip: 85268 Ifapplicatyon is being submittedbysomeone Bather than the owner of the property under consideration, the section below must be completed. SIGNATURE OF OWNER -��GG DATE f I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of , 20 My Commission Expires Notary Public My 4q90 APPLICATION # U 1 -05 4`�`- S -NAP (Solar-NEli L re"s Alllenriatirel Power) C olf Clans, LACI 11E05 N. 9aguarci Blvd., Suite A FOIL rilairs Hills, Aa 119308 NARRATIA R9RORI We are pleased to Flneserit la � au, a n u paoming launch far S -NA R Calf Cars in FCIL ril airs Hills, AIIizona. fl -NA R Goll Clans will be iril IIClc L cling CIL n solar PIMA Elned ®oll cars tCl 1 h EI prival a aeric Kju blic secs Cul tH rou €IF CIL 1 1 F EI EIIIEIater Phoenix area. \A EI H ave Leen wainkinB F zinc civ er tF a paIs1 3 ) Bans tci be able to €IElt 1 Cl WhEIrE1 We alrEI today arlc i EI r(iziC V t0 mOVEI farWalnc With 1 F is EIX(lil in El new VEIr11 L IIEI. Vv itH al combined total of 40 years Oil expElrienae ir1 the golf can sales zinc SEIrvlicle areal, v\ EI feel we alrEl prEirlaned to halrldle the ir11110C L ction al 1 h is r1E1W prodL (It v\ itH (ICImplElte Confidence. WEI are launch in® 9 -NAP C olf Clans tcl capture a nlew audiffice who look far an energy saving "€lliGenl" method of trlansplontation in the golil Car indUsl rye. A rIC wH all b(Itl Ent plane 1 a prEISElrlt this innovative Klrcic a Ot tF an the "Valley Of TH EI !lu r1". CIL n r1EIVA fal0ility v\ ill includE1 a sF clv\ racim ilon c isplay Of the scllar powered golf tears and an irllCinmall ion anea for SE11E1ationl of l: CIC V 0010111, L FBF CIIstElry 11abri0 and aacEISS011iEls. Th E1 €ICllf (Ialr is cu stom bu ill rJEnI Elaah ChElrll's SrIE10ifiaaticirls. llh EI facility will also inalu c EI art assemk 1� area 11011 th EI €1CIIf aar as Well as a panls nacim. Only One UL stom golf aar v\ ill be assemk led at a timE1 to erISL IIEI c uality (Kiril nal and to Flnesenit an CIL 11 talrlc ir1El F11ICIc L at. llhe comElnsicirl process includes: 1. AagL isiticirl of late vintal€1EI Elolf oars ilnom SL rlrllier. 2. Dis-assemble gull Car retaining (Ihassis clorrlpcirlElrlts as rIEIEICed. 3. Aclquine Clustorrl body and Farts rJEIn ChE1r11's SrIeaifiaalions. 4. Install Clustorrl body, windsF iE11(, 1 irE1S & WF EIeIS, Cash traly, upholstElned Sea11, ligh 1 s, 1 L nr1 signals, etc. (s1 neElt IElElal) 9. Install solar panel v\ ith custom fnarrlEI, aontroll6n, etc. 6. InstallI AC M (aLSClllk EIC EIlass mall ) SEI2110c baltl El Ili Els wF iah is a "€IIIEIEIn" mairll EIrIaInCEI alrld carrasiorl llnee t alttery . TherEl WOuIC I: EI rici al( %9IISEl iMrIZIClt to 1FEI SL rrciunc ing properties. IF Ell CirlEnlaticirls WOLIc not entail any obtrusive light, rloisEI ortnaffia. The grounds will be clean anc aluttElr-free and to rInesElrlled in a professicirlall manner. Dash Tray Energy Meter 12" Tires & Wheels Retractable Seat Belts Rack &Pinion Steering Wink Rear View Mirror Premium Contoured Seats Head, Tail and Brake Lights X8495.00 Locking Glove Compartment Turn Signals, Horn & 4 -Way Flasher Plus Tax High -Impact ABS Acrylic Plastic Body (Solid Color Throughout) Maintenance Free AGM Full RiverBatteries * Upsolar M255 Watt Photo Voltac Solar Panel r*(Adapts Increases battery life & maximizes battery capacity) **Gensun 8amp 48Volt MPPT Controller tochanging sun -light condition 15 times per second) Contact: 26209 N. Avenida Del Ray, Rio Verde, AZ 85263 Office: (480) 219-3000 ail: s-napgolfcars@cox.net Cell: (602) 321-2124 Website: s-napgolfcars.com SAP P1 Golf Cars LLC - 11609 N. Saguaro Boulevard, Four lair H ills, Aa CF emicalsi: Sltorec in metal lire -proof cak inert Plastic (lleanar W atedess car wasl- Flolish TirEi Black C oof-Off Spat & Stain REirriover Krylori Blastic Spray Rami fon toy ah -L p Tocils: Stared in tool bo) ou m all uack 9acket flat Misaallariaous size sanawdnivers, wrenahas Ellectria Clnill Rhars Pads: Storec in parts raom z18 -Volt Ellecitria Calf Car 11placed in assembly area) ImpmEiriated color plastic boc y (nori-pairil ed) ImpnEiBrizited colon dash 81 cup -F olc or aaaants Roly Carbonate Dash Tray Holy Carbonate Plastia wiric sl- ielc WiriN reap-viEiw mirnar U Elholstenac seats Tires Cus1 om Wheels w) lug nuts CIL tdoor aarpEil Cusi om 33" X 33" flat steel naof supElort a60 Watt Solar Panel — earnc boairc wrapElac for s1 orage CEirizisuri 8 AIM P 48 -Volt Coni roller EI' ]12 gau8a wire Custom light Nit IAF eadIights, tail IigFIs, tunriiriEl signals, wiring Farness,eta; NltS, tilts & washers 48 Volt State of Cl- arge M eters RL II Ri% ar AC M Battery: I19ealed Non-Spillabla/Nora-Hazardous Mainterianae Rrea Deep Cyale AGM BattenyJ Ac ditional golf car aori%arsions w ill t e storac oilf-site at Adobe RV Storage, ROL ntairi Hills Nori-Usabla parts will be mo%ac to Scottsc ala lavation for resale or c isposal. NON—SPIE AZARDOUS Maintenance -Free Deep GycIe4GM Battery WCE,�,.ii s Fullriver Battery Mfg, Co. Ltd Made in Cha" DELIVERY APPROVED! LAND, SE FuiIn" batteries are -sealed lead add-bageries made . 2fi Absorbed Gias Mat (AGI electrotybe is absorbed into the fiberglass separator material iather than in a hI Fullriverbatteries are non -spillable electric storage batteries. They are exempt From t DOT, hazardous materials regulations, since they adhere to the requirements of 0 173.159(D) - (CLASSIFIED APPROVED: DOT, CFR HMR49, IATA, ICAO67, IMDG27) MODEL DC180-8 GROUPSIZE GCS TERMINALTVPE M8 DIMENSIONS 7.17"(182 mm)Wx 10.24"(260 mm) LX10.55"(268 WEIGHT 74.96 lbs. (34 kg) Fullriver Battery Manufacture Co, Ltd. have the following quality • ISO 9001, ISO 14001, OHSAS 18001, IEC60896-2, IEC61056-1 rs� • UL 1989, 1999 (Standby Batteries) • CE (Electric Components) • Meets IMDG vibration & pressure differential tests of International Maritime dangerous goods regulations im SFEFT 2 OF 2 SMFFTS FOUNTAIN HILLS ARIZONA, FINAL PLAT NO , 302 er_' a l+ da Panda y,R—. •� 1:- � _ .9 9 ' n xalum�mnhl. L:xmx. � fr�_ FOUNTAIN HIL_S. ARIZONA t'a x_. 111 __�!f• iJ1w I ! M 1 , -� !p•i \ j' f .Y. ,1• • i1 § 3�: l of I \ y ,,[� ,, -, -.amt � . - E.' wa au�e '•rroo. _ f�'.-[.u.` = l< ,�a � F', [_ .r, �+u { ` �:sq.....P �..+•. '�'RYr 'fF1'.v..-9. f. '�- c Y.. Mftf �� .a b i} �µ - "- l,+tr., 4 fa ,S_�'d � e,.,. j k I .._,� � . •`. -t y�� z �.� �a 7g. f S' i ?�'� `�- i c�H'dx• , e ! a F,1 ]+ 7 z s f4 xf �1 ... _ •-: - .�_1 Y P pxuNERa//a t)J ,..a,f.V ___ _, ^ ^-'�a.•,.,. eK 91 '•s� 2 UP 2 I MON. Saga..— S -NAP Golf Cars P&Z 3/912917 Attachment I Location Map 11605 N. Sapam- S -NAP Golf Can P&Z 3/92017 Attachment 3. Photos u°^ °d� Hd �O z d 3 -�a 0 m c 0 0 v 00 E F v r_ W v 0 �•� c7 f. Z "a 9N �j „n �o on "a i DEVELOPMENT SERVICES _ 2015 AERIAL SITE PLAN PLAT M2-4-6 - 11607-11605 N Saguaro 814 N ZONING; C-2 N P _ C LOT AREA: 16.150 Y AIXF AKA : 6.160 SF TYP a 0 1R/S M Aonown J 0 L n m �{1 LONNE— ',.I M 19' 'if m N AiGNrwar— or W TYP r� SSA CENRAUNE--- V .. ., EASEMENT-____- Q 6 1 N P A.; N 'Y uNe r.m • AEAIµ MTO NGH1: 11/15 • TOPMAPICAL MW', 9/91 RMA IIND GNwA60ag.10/I3 RAND DRIVE IN16 fAIAL MAPPING IS ' SUITABLE AIE SEN fENNAL PUNNING PURPOSES SHNEO NOT 9 ________ OSo EM OEL6UTN. To: Bob Rodgers From: Jason S. Payne Re: S -NAP Golf Cars Fountain Hills Fire Department Office of the Fire Marshal Jason S. Payne Assistant Fire Chief / Fire Marshal 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 (480)816-5114 Fax(480)837-6167 www.fh.az.gov I have reviewed this Special Use Permit #SU -2016-05 Plat 302, BLK 4, Lot 6 at 11605 North Saguaro Blvd. Bellow are my comments. • Hazardous Material Storage detail needed. • Waste storage and disposal of hazardous materials detail needed. • Maximum allowable Hazardous Materials quantities 2012 IFC 5003.1.1 detail. • If hazardous materials storage over towns limits, SARA Title III reporting compliant detail is required. • Non -Transient residence in a commercial zoned building must meet building code requirements of fire separation, and barrier if allowed under Towns Zoning code. • Fire Separation between R occupancy, and B detail and requirements. • Current Fire Sprinkler system will need to be up to code with correct head spacing, and flow requirements for type of Business. Jason S. Payne ��///� ij/� / /7 t'G rev r cd 7 /7!S 50CC Vic -wiGy/1r�tr a - Zo/L-eF,s /oct ka- br!-rj 7rA �• /vo( !•VovlC/ �l�G /�lhd %!d G44K7G SLr4(t 4r- "ta ee--_/!g 4SC /_z�l1C � Oltt. OGc r. R.hGt� O4-M WQr! Ye04 GG b�{q Gler O✓ C,_G/l fC�CHf. IsYO✓D � _DGGT •t n ct c 5> Un /isS--zrx. /? �ti /d�Ha !Y /Kk G Gor+��0/tom lcov& Ace eoutrtrwemh _ �it3 Gvd��a� SuG /i G�td S/o!� o✓' / -r0✓ r oLGr.palecrcS. ntG_���/fps_{ e tv, _ -ee Serwee-s 0 e, re IS}end e! :,�o.ofcsscono/ /a, eleicemi„e eke �' Rr�of _ r-w�ooJ_T rd----- /Cot VG� •t7I L017 ��t 4HCG iyi� �Z1G �Goc�C, h✓dt e, l�i✓ PG^ -uw Qo°O FOUNTAIN HILLS SANITARY DISTRICT 16941 E. PEPPERWOOD CIRCLE FOUNTAIN HILLS, AZ 85268.2901 TELEPHONE: 480-837.9444 FAX: 480.837 081 �^-'a'��d--jj id Y` ww ..az-fhsd.gov FEB 0 6 2017 DATE: February 3, 2017 MEMO TO: Marissa Moore Town of Fountain Hills FROM: Chris Kiriluk RE: S -NAP Golf Cars LLC 11605 N. Saguaro Boulevard Case No. SU2016-05 (M#7420) First Submittal I have reviewed the above referenced submittal for conformance with District requirements and have the following comments: 1. With the potential for acidic and/or hazardous materials on site, the District emphasizes in its Rules and Regulations the prohibition of the discharge of any material with a pH of 5.5 or lower. 2. This address is currently being billed for commercial use. If the current residential facilities upstairs are brought up to code and remain in place, this address will continue to be billed at the higher commercial rate until such time as a separate water meter is installed solely dedicated for residential use. cc: Louis R. Anderson 26209 N. Avenida Del Rey Rio Verde, AZ 85263 Leonard Micelli 11605 N. Saguaro Boulevard Fountain Hills, AZ 85268 Hazel Cunningham Bill Cunningham /cdk DQ HRMANN ARCHITECTS, INC, Architedls & Planners Ariaiona License No. 11178 1(171 (1 E. Pa nkvievi Alve., 1 cite, #1203 Licensed in Arbiona, Califonnia, Colorado, Nlonida, Minnesota, Norah Carolina and texas Fountain Hills, Arizona 85268 1z 'no: Maii isisai Moicine, 5 enicir Pllainner Town cif FOIL ntaiin Hillsl FROM: Mark Dohrrrann RB.: 11605 Saiguarci Boiulevaird, Fciuntlaiin Hillsl DA118: FElbruary aI, W17 h is m) uric erstaridini�l that Oe e awrier of tH EI above merit fare( h u ilc irig, L eoniard Miliei, wig h es to leas a a portions oil tH EI first flair i a S -NAP C olf Cars. I have visite( l h e H L ilc irigl an( lbllci imgl is a 9 L rrlmary cif th EI Elxistirig structure. ilhe h L ilc irig is a two sto) h L ilc irigl with aoriirig c ElsigriatElc as C -:h 11 aRne21r3 to be a aorrih mal iori oil woo( 11rama, eoni(rElte an( masoriry coral rL Ctiori an( C OE13 riot have a f1ra spririNlElr 3ystam. SaSEId on records fncim l he N ariaopa Cou rity Assessor's website, the h L ik irigl SC a ara foota�le is E ,:IE19 Sc a ara feet. Bag ed circ the Ira elrnatiarial BL il(irigl C ac a, th a h L ilc irig wou Id h EI alassifiElc with ari o(Cu paria) u SEI Of hype B, BLSirIEIS9, and a Conistruction type classifrcaliori of Type 'V -b. _nha allowable area oil & e h u ik irig, per th EI IntElrriatiorial Buildin�l Co( EI, i9 9,000 square 11eElt pElr flair for a nori-9nrririklerec, B CCaupanay huikirigl of Thpe 'V -H Construetior. As su(F the huilcirig Complies with the bLil(irigl (cite reCLirEIrrlElnits far allowable area based ori the O(Cuparia) classification amid construction type. A(cor(iriglly, it h my ciniriciri that tha proposec use for Oe S -NAP Golf Cars h usiniess woLIC meal Current buildin�l code requiremerits. PIEIaso (all if ) OL H av a arty c uestioris. TIN anN ) CIL. Mark DoH rmanin DoH rmarin Arch ite(l s Iric. lel: (48(1) 816-1699 E -Mail: Dcili nnAnahliacls@c ax.neif Clell l roar. 1602] 881-7(104 TOWN OA PC UNTIAIN HILUS MINUTIRS CF THE REGULAR SESSICN OH THH FLANNING & aC NING COMMISSION Manch 9,11017 Chairman Michael Archaimbauilt opcincid lhci mcieilingl ait 6:310 p.m. RC UL CALM: The following Canu-nissioncirs ware preisernt: Chairman Michael Arahamlauilt, Viaa-Chairrnani Hugeinci MiWaacayk. Cammissioncirs: Amteirleigh llabliawski, 9uisari llerrpstar, Erik Hansen, HawiciJonias. Asa in atlenidair.icei werei Bot 14odgeirs, Ilcivoloplmcnil 9cirvicas Ilirecplar, Mar:issai Moorci, Sarl Plannar and Paula Woocwiarc, Exaautiva Assislanl avid l4eaorcar oflthei miir.iuteis. Cammissioncir l4ogar Owars arrivcid aflcui roll aalL Chairman Michael Archambaull raquiasteid participation in the Pleidga oil Alleglianicei am a momanl of silent reflecilion. CALU 700 THE HUHLIC Chairman Alchamibaull askad if 1heira ware any requests to speak am 1he Racardar HaulaWoci lid ar.iswiarcid tt arci weird na raquieists receivad in goneval, but lhcire zme reaucis is fdir ageinda itarr nuimber ilwia. AGENDA ITIEM All - CC NSIDBFAITIC N C H AI PIRG VING THE PIDAI\ N ING AND ZONING CCMMISSICN MEETING MINUTHS DATER Dciecimbcm 8,2(116. `Iiaa-Chairmar.i Mikolajcz* MOVHII 1a APPROVH thei meielinigl m:ir.iuteis caleid Thuirsday, Dacamter 8, 2(116 as writilen. Cammissioncir 11abrawisld SHCONDHD and 1he MOTION CARRIED UNANIMC USBY i /0. AGENDA ITEM #2 - PUBLIC HEARING TO RECEIVE CC MMENT9 CN ORDINANCE #11-04, A TEXT AMHNDMHNTI TIO THE TO WN CF FOUNTAIN HIBBS DONINC MAP. IA ADOPTIED. THE AMENDMENT WO ULD RE 21C NE AIIAROXIMIA THUY 1(.5 AC RE S AT 1?121a5 N. HAGUE RIDC H DRIVH (C OIIAHRWYND RH90RT). FRC M "'R-5 PUD" TO THD "'CC PIPERVNYND It. e put tic haaring opleincid all ( :32 p. m. Hat Wdglers, Ileivedapmenl 9eirvicieis Dirciclor, prescinilad a slaffl lieipart arid a PowcirPo:ir.it prasenitation, (C apy is an fi la in tha Offlcie of lhci `flown Clark; , on lhci rciquasl filom C apparwync Rasar icir a rcizar ing to Coplpewynd PAD, (Planned Arcia Ilavalopmenl) iltal will allow a major rcnovalion anc explansion of tha fiiaililicis to inicluida up to 30(1 hoilei:l roams, add:ilianal restaurant splaae am oilher enhar.icad arneniilicis. Mr. Rodgers statod his replor is a quick avarviaw sinico thea Cammiission had alveady fam.1air:iaad theirrlcelvcis w:i1h tha plropasal and lhci app:liaanl was ppiovidinig an in-caplh plresawailion. Mr. Nodglars said thei Commission is tainig askcid to reviaw and make reaommancalions an 4he HAE aplplication. 'BN8 is a rezoning from tha 111-5 PUD cdaissifaatian. 711ho praplosec "Coppleirwynid HAD" will Ell 1ha L-3 zar.iing class:iflaalian as its basei dislviat bcicausei ill's lite rrost aplplroppii l district That mia cuuuienitly ha-,ei tut lite U- 3 Dislrial docisni'1 filly aavcui whal's bciingl proplasec. 711he plropmeid PAD will moil the districl ragq:l ail i ones so as ta: - A low up to ISI roams par acre up 'la ai maximum oll30(1 roams rooms 1111-31 aona allows up to 15 roams /acre). - A low tha niumieraus customary ancillary uscis such as resilauianls and call w:ilhaut tha raquhiemar.it th ail ilheN gal a Speuiial Usci Harmil. Page I of 13 A:111411 - Allow buildir.ig hcighls L pl to 50'IlCurreini 14-5 HUE] allows 4';11-3 gonia allows 3(1'; - Allow EO°/, slat caveragei. (11-_I zonici allows 26%). - Rlciducei minimL m bu ilc ing separation to -,'(IL-3 zona 110gL ircis l CI'). - Rciducei all build ing scilbaclds to :ICI'(11-3 zania racluiros ]bent = 40', Aida = 40' and PJciar = (0'). - Spocliflaally allow for oulcoor cir.itcirtainimein4, music or spcaldars hu4 also rciquilie camplianiaa with the Town's riaisci avdinian cia. - A lows splaaific initarnal wiayfrnc ing sigrla€1a plain tci bci c evelopec in add ilioni 4o ainy neiw manumcirit signs. A llaws the usci c&a sh arad plalikinig mac eil whan calculalin€l ilha resar's parking rcicluilieimcir.its. Ir.icludcid 1n this is ain alIowanae for ani off-site parking lc1 if miitlhini ],_`ICICI'. - Mainil ain a minimLim oft 1 `ION apler i spaces an ihei plropcirtN. Mr. Rodgers said, in addition io iho PAD, the aplplliaanl is niegotiailing a cloNelopmarit agpleicimeni with the '➢awn Council thal will address ai nuimEeir of olhcm issueis arid includes a nurribarl ofladciilional teirms and caniditions. Mn. Rlodgeirs emphasiaad this is inftirmalionial onlN. 'Dhci Commission is riot naviciwing or making a reaomrnienicaiioni rciglaircinig ilhe Deveiloprriend Ag1learneinil tanight. This informalion is .just beiing praviceid la give an iceia afladditional taplics. Mr. Modgars d ispllaN ec 4 h e cuirrarit sil a as it eixi s1 s an th c ov orb eac . Ho si al ec it h e prcij aal is p liaposeid to bei compllcluid in throci phasas. Irf Rasa 1 ihci cuirrant hole] roams will bci rcimovcid and repllaccid wii,lh ihci now 128 -roam building. 'phis building will] ba lallor lhan the oxisting buildings (_`ICI') ainc up to flvei slarieis ani thei nartb sidci of thei buildingl. l4anaualiaris ara to bo dar.ie is tbei clubhousci wiith a passible "skywelk" style carinciationi to lho now build ing. This phos ei ailso inciluc eis a nciw 9,135(1 s cluiarei M l anci-staryl confareniao cantor and an cixpaindcid puking arca ar.i lhci south and oft the propcmty. Tb is nesults in lhei ramaval of four oft the tannis courls. Mr. Rodgars axplainec Phaso 11 consisls ofla nciw fiva slory 60 -room builcing (`1(1' tall) 6racll) south of tho alubhaLisa. 'Hhore will also be r.iew plarkingl ascus craalec, providing planking for both tbei hoteil gulasis arid iho aonifbranae fticility. This now palikinig will climineitci two more ofAl. ei tcinnis courls. Mr. Radgcns dcisarihod what vias c ispjlaycid ori tha overhead, "Tha ranidarinigs on iha righ4 show iho now builcing) rciletivci Vo bath the ezisling clublause as well as iha naw lamgan Natal room building on tbo niorlh er.id. YaLi sb ouilc nctci lhEit tb a s itci is stepping c awn s a ihci roof ] ir.ies arca at aiboul lhci saima laud." Mr. hlodgeirs moved on to Phase III on thea ovcmheaid and said it is ars aimbiliow phase. 11 has thea new l 11 roam hctlel building cionnciciingl lhci Phase II builcing tla lhci eonf6rcir.ica aanitar which is 50' tall. The buikingl is furthar dawn 'Ile lii:ll airid iIhe rlaoflis proposeid to bei lancsaaplod so lhat gules48 in iha conilral builcing won't bei looking down al raaf--lap equiipmcir.it. T}hci parking in this arcia is glonci amid lhci criveiwary gaas uirldan lhci buildingl and inlo a 31-staryl €laraigci ill. al Lias iwo new tonnis aaurson thei roof) Tleisci tennis caur s will ailsa doublci as valel panking los s if /whcin ai larges civar.it raquiras ac c ii ionial pairkir.ig. Phas ei 111 also inaluides thei removal cif lihe last oft If ei olc tennis amrts and the ciNparisioni oflthe pool areas, inaluding a nawi casual dining building local ed poclsica. Mr. Rodgers rcifbnned to tha overhead rancarings shawinig tlei 1. oil o:1 roam builc ing aired the Sop rlonceiring shows lhci aonfi:irencia denier wilh the now hoto:l build ing in tl ei baakgilounid . A ilor all thrcia phaseis are aompletla thara will bo; :ICICI roomis, ari axpanidad anc rcinovatad clubIousci, a r.iew dining spot, Hzparidad pools, a new aanfcmeniacVcivcirit facility, amid ai pamking garage which along wilh tba surfaao parking, will provida 347 pankinig splaaas an siIa. Mr. hladgeirs aonialudad )hart staff s raaammeindatian is that the Hlanininig and 21onir.ig Commissions fcirwaid a recommendation io Tlawn CaLinail io aplprovo the Capperwync HAE as praseniec (S1aff1l21apprl and PowcmPoind Information is availeiblci an line and in tbo offica ofllha Town Clerk.; Chairmain Arclambaull askcid iho applicant to aama forward for tlain ppiescintaition. Page 2 of 13 I ill Jj4f Jcmdalr.i Klose of the Jordan Rosea Haw Group) PC, inuodvciae Herself and lhca lean cif people workinpl ar.i lhca Copplarwyrld Rason axparisiori project; Bila Hina, Gwnler of Cappcarwync Rcasart, Micliacl Maarciaux anc Mark Philp of Allan) & Fltilp Pariners ArcHlectura arc Iril ariar Dcasign, Mon Hilgart ante Casay Wtillaman cif H:ilgartWlilscrl, Dawn C arliear cif C iv'Ileaeih, IN ick Bat adie, Slanior Plannicar, Rasa flaw Group ante Ceplanc Al izadel, Banc Usti AltcarnicaN, Rcasa Bawl Group. Ms. Blase said lhca leam H as warkcae very) Hard 9a caomca up waiVt a world class plari. Bila Hina pluratascad the proplarly in :ICI:15 and since than, :ir.i ite last A morilhs, tas invasteid ( rri:ll:ian callars to ranavale Ihca Caplperwynd. 'Ilho natura cif tha silci bciingl 32 rooms :is not einauigh to sustain) lhci ( million collar reanovailion and IHe eanlinuing capleration cif Ccappeirwygd. 'Ilhca proplasec revilalizalicin plan) is warts class and luxuricaus. Curranilly, wo Eire in 6seussions wilh Klmptcari 121casarts. Thoy have inlernialicinal eaxperianee int :luixuryhaspliilaliliN plroparties around tllei world. I1 wouk bei a grcal caplportunitN 'la wank with a world-rcanlownead hole[Iicir wilh suicli aeeclados t1w would fcatulro CoplperwyTd as ar.lei of heir signature prapert:ias. Ms. Idose intraducied the archilacaturaa firm Allan & Philp Partners Aratilleetume arid Inilarior Design. Ste gavo eixamphis cif ihcair plartfalio suicl as tha Big Horne Golf Club arc Spa in Palm Dcasarl, California and Jaya Spai at Monlclucaia in Paradises Valleay, Arizona. Slia safe cane of i1he architeicls waulc aedreiss i1he cammission ante share lhca siici rcindeirinlgs. Ms. Rosci oxp:lainec tHal in Phasa I thea gulesilnooms expar.id to 118 racams ane ISlq parking splaaes will bei pravideid and witli full valcat a Iola] of 218 spaces, iric:ludir.ig mcielingl and bariqual splaee. In comparison) la of .er reasons in lhca valleN lhci parking ralica is rcially goad Herci. The 1raffae angincaer is preiscir.lt ante availab:lei far any quostians. Ms. Rasa saic Phasea 11 cixpands la ] 88 guleslrcaoms with 151 paAinlgl spaaeis pravideid anc with full] valeat lha spaeas inclreaascl to 2; i. There wi:11 also be expane& f iailitias far rrembcirs. In 111asca III the caxparlsicar.l lakes gulastraoms to =ICICI units willh 34 plarkingl splaaes and 445 spaccis willh fi11:1 valel. THis includas amonilicas ane impravemonts to 1Ihe ggouirlds.'Tliei warts class rcislaurant reamaainls. Ms. Rosa 6splaNad a phalo lakean from Sunrid€la Golf Club cantranee shawain€l thea bcaforca and after Cappearwyrlc expansion. Sha nolec that lhare is na r.legalivo visual impact of thea expansions. Ms. Rosa said the explansion wacau c bca positive for Fouinlainl Hills. Shea rcdcincie Vca an econamici stuldy aft salcis lax and bead taax. LEO yciar ttei 'pawn of Founlain Hills rcaccivad 911(0,00(1 in annual saleas tax ravcanuci gcinera'lead from Caplperwynd. Wilk tliei cxpaansicanl, 1I1,(5(1,0(ICI would to goncmalec in sales tax. Ms. Rases said theirs Ere savor `ICI sigrlalurcis in suppart anc :1(1 ]canters in support cif tta prc( acl. Tlhca Haunlain Hills Chamber of Commerce scinit a loveir supplarting the plro'aet. Ms. Rasa aanaluc ad wilh tli ankin€l �Ihe staff arc askee the aarcliileict Michael Marcaux to address 1Ihe eomamission. Mr. Marcoux from Allan & Philp Partnars Arehlleclture anc Inlerior Easigq, explainad in delail tha nacad to maintain lhca ir.ltcagrity of lhca gulast sequence. On thea caverlieiaad plrescirltation he poinlicid out whal guests wound sea imn ec is Icily arriving can sale arc haw 1:11a bank oft housci was "H idc an" from v'aw. Fa is enliflod arcaas to reanovailei in ore er to cinhancei tha ggesl eaxperianee. Ona of lhosca arcias is thea ggesl room floor plan. 'Ilho balhroorn ane beadrucrr would facia i1he windows (wall of glass`, in order to taka advanilaga ofltlla views. In add:ilionl, tta ealeivations (loplography; wera eareftilly sciruilinizcad to take a0mr.ltage of tlla views tul also r.lat to taka away from lhci guast mcplariencae. 111is wavId also allow for glarcon suiles. Mr. Marcaux ceserited what materials wculc ba uscid and whore thay will ba pllaecad so tliay ara aeslhmically pleaasingl reagard:leass whara lheN Eire v awee. Mr. Mamcaux laic ona ofllhe dafrnin€l fcaalurcas and lhca overall shape of tha bvi:kingl is a circicl reflealion c&thea sii1ei iIcpogllapEN. This will craatca an arroyca thail will boccamci in'Ieraaclivea witl gulast ane par ofllhea pluiblic art fdalura. Mr. Marcaux eone:ludcad and thanked tlia aammissi on. In rasponsea to a clueslion Ms. Mosta silaileid i1he lawn's opon space reaquiremeanl :is 151%. Capperwyrld wound pravic a 30°/a oplena spacca and have upl 10 a 25°/a :lat coveragea. TH is is a veryl minimEl fbolprint. C H airman AruHambau:lt asked for splaAer care s ante Raeardcr PaulaWlooc ward ar.lswaaread theirs ware eigl1 sears s rcaceaivad who want to speak aand frflean tli at did n l want to speak and all faficaan nolec 1heN warca far tte praposee plrojeut. Thasea cards warca filoml: Jahn Kaplinas, Clarci a Raced, Jcannifler Douighcrt), Grag Warlhcw, Kcavinl Klnerk, Chris & Marshellea Curin, Maryjar.le Whycil, Ilavca Katahar an, Doris Kalcleriar.l, NcllIN Rimm, lad Blank, NancN Hill, Joci Hill, Seth Golebcir8 anc Muriel Lippman. Page a1113 Diana Walls, a Fountain Hills winileii rtasidanit, Copplarwyrld `lilla Ownar and membar of 1ha Copplarwyrld Rason, said how imprasscad sha was mRE C aFlpcuawync's rcaccnt rar.iovations. She empresscad how Ihankf ;I she is to Mr. Hina and Ms. Nolan for punclias:inigl Copplarwyrld anc having suicli a I eaautiful vision. JaiN Schluim, a Hauniiair.i Hills rasidar.it am ftirmar Mayan, 1hankcad lhca (iommiission fbr thair servaiae to the dawn. Mr. Sahlum road from commitar.its he send to the Founlain Hills Chamhar oflCommow a, stating, "CoplpejiWynd Rcasart dasircas iia caonlinuie t1laira s:ignl:iflaand invastmcar.its in Founlain Hills and this is ggeally aappraciiartad by mei am maniN athars. When I sluciec lhca axpansiani planis I was impreassec with the l oautiful dasigrls anc phasing plan. CoplFlerWlyrd Reasorii & Spa, Flourish Rcislauirand and Cliff Dr)Iscale 1lennais all onisitea arra alraacy irraporlanl anc bcaaulifull assals to our aammuniitN. I am eaxcaiiiad to witniass anc conliniue to suplpor This valuably loaal husiniass. Haigh qualily davelopmienits like CoplperWlyrd will celivar lam revanvos to tliea 'Ilawn oft Fountain Hills is vary imparanl to ouri communities susiia:ir.iahilitN. When grloupls anc ini6viduals slaty aia play in Fountain Hills iiheN support air locally ownec bus:iniessas lhroughouit our 'flown anc that is what we roaillN naec hena. I favor working togalher to hrinagl us World - Class davelopmcar.ats. It is also implartanl that our Town slafflkciep lhei Reid Carpet nollec out wolaominjl smart arid quality deavoloplmeniis arid bus:iniasses into Fountain Hills, lhci Graalasl Hawn in thea Worlc. Also, 1 waanii iia Thank your for Nour servaice avid pleiaisei glivei this good c onsidearaf:ian arc apppaovca 1h:is plroj alt." Sarka Huilpaachova, a lwenly Near Fountain Hills reasiceanl, saic she supports iihe Copplerwyrld ppiojaat anc how much she appraciales the commission's hand wank. She hapeis we scie Tho vision of Hill arid Sana's anc iihal thea aommissior.i appinavus this project. Hart Sheaa, Galcfkild Rlaniah neskenil, sFlokei in favor of iihe Flrojeat. Hca said it's a wonicerfU I a&iliori to Haunlain Hills anc :i1 will higlhlighii all lhci empanision taking plane in town. Hci thanked thea aommiissioni am aiskac lhciy apppaova 1ha plrojacl. Don Mishefpj Copperwyrld Viola Owner anc Owner of SunridgFa Canyons Galfl Course, slalec he wauk Eike to thank Brill arid Sana locausci without iihem, A con'l lhirik CoppjeirwNrid wiauk lies in ciNis'lence Today. 1 can't 1hir.ik aflarno-iter singla ciaonamic enHina iihal can do fbr 1ha Icing lerm slahilitN oflour cammiunitN am the numarouis husinasses anoum iii. Wa cannal frnd a wofk class :ir.ivaslmanl ofllhis maignliluda of wahana any husineiss would nal haivei a beincifaial impact. I lhank your am stroniglIN suppam iihis ppiaja(d. Hill's harnesly inlegriliN and passion :is as goad as 1 h ava sciena in my Al yciars." R& Kriona, oigHeen yeian Cora Bcilla rcisident, said CoplFlerwNrid's suaaciss :is paaramounl to his living) hena. 11's a fauiility iihaii mus-) bei surlporlivei to bei a suaaassful buisinciss. Ha sa:ic lhca racieanl renovaliar.is airci groat. Hill and Sara's plana givers iii 1ha ver)) ball chancae to bei a ggowingl am proftablei buisinciss. He enicouinaglad the commission to supplear the prci ill. Tam Hoyle, Paracise `la:llaN rasidcnt, said Nei has bcirnefrll& from lhirly-fives yciars in Maaricopla Caunly. He said iiourism is 1ha num>jeir one draw. Hauniia:in Hills probably has stoma ofl thea heisl rcial cislale proplefflicis avid Caplperwynd is very) likely silting ori anti of thea beast prapemias in Hounlain Hills, if noii Marieapa C aural}{. He said the dcasign is iaantic and iii was came issianaec bN a lacal Haunlain Hills resi dant. Demise Venbeak, Fountain Hills raaskenl and Copplerwygd mamhar, said she wouac :like 10 Thank Bill am Saran forpurahasinjl Cappcarwync and aplprcaaialas lhair:iravaslmanl. 11 will benefit the whole ciammunily. Chairman Arahambau:ll asked ifl lhcuae wane any more rcaqucasts to spcaak anc -Ihe Raaardar Paula Woodward answarac lhcuae wenea no more raquasls. Chairmaan Arcihambaaull alased tlia Publia Huaring al 1:151 pl.m. I age 4 of 13 A GHNDA ITHM #3 - CONSHIBRATION OF ORDINANCE #17-04, A IHXT A MHN 11MENT TO THE TOWN OF HOUNT]AIN HILUS DONING MAP. IH A11OFTHD, THE AMENDMHNII WOULD RE21ONE AHPIROXIMA T]EIIY 16.9 ACRES AT 13229 N. EAG LH R] UGH HR] `1E (COPHERWIIND RESORT), EROM "R-9 AUH" '10 THE "COPFERWIMNI] PAI)" ZONING HIST]RICT. CASE Z 2011-02 Commiissicnen Hansen aammanileid tha eommissian has seieni the parking sluidy buil has not seicn ihca traffic stu(N. Commissioniear Hanisan asked Mr. Rcadgcrs :if staffs finding Thai all negativo impacts arca able to bei miligaitcid as lass thani a sign:ifleanii nivel. Mr. Rogcars rciplicid }les, staff is reviciwing the traffic stulcy an( tlarca area some mitigations tieing disausscd but wa ara aoriflc cn1 Ihay sari h e workeid out aasily. Cammissioncua Daliiowski thankad staff, Mr. Rocglens an( Ms. Monne fan working sa 6liganlly an iIhis prcijcacl and ll. ankec the puihlic for their limci and aillcnd:ing thci mcieling. Sha askcid M s. Aosca 1 o 911 ow ihca av enh ead phal o shown prciv:i ously. Cammissionear Datiiowsk:i lhar.iked lhca arahilect, Mr. HH.Irl and his learn for bringing suieh a bcaulifu[I deasigr.l. Shci statod, "Il's wonderful to scie ai local rcisidcnt ijM1a. Philp', sca pass:icnalely :irivolvcid in our commu ni 1 y." Ms. Dahrowski lhankcid Hill and Hara's dodiealioni to the communitN, w1eilher il's from Dank Sky, gencarai ing tax nevenuci amc avera ] ggeat par ieipateas in ihci commun:ily. Commissioncir Da>inowski askec :if Copparwyrlld wouik remain caperi cuiririgl lhci renovalioni. Ms. Klose rcaplied that Coplperwyiqld w ould remain open during t1 a ren caval ion. Ms. Dabrawski axplaassu aoncaearni on behalf of some camm'ssicariers regarc ing thea inleglliIN of the tennis caourls wised fan parking. Ms. Ilabrawsk] askec Mr. Aod�lers al]oul the Adejio Cariyon eanstrwclioni limielinei. Mia. Rckgors said only ihreici pance:ls wire uncar ecnstniailioni (parcels 1, 1& 8) anc i11e prcijciet will aonliniuie for thea nexi ten Nears. Ms. Dabrawaski asked Ms. Klose about ihei lar implicalionis to tlia lown at tlia len ycaar mark and w1al are Iola] cal]ararn aunils al each phasci. Ms. Aosta said tha :I.E5 mullion is prgjcaelec ai ihca tuii]d oul of t11a 300 roams, and hcua firm can plaov:ide the 1 ax h laeakc awn h y phos cis. V:icca-Ch airman Mik olajcazNk askcad about whelae tha valet parking wound ba locaalad. Dawn Carlicar, from Civ'Ileah, eixplaincad thea pankinigl study is eompilec using a fulll aecaupanciN mace]. Tlhei hole] anlicipatcis and knows well in advancae when the hole] will be at full oamparicy. '➢his plana allows the hotel io swilah ovcar 24 hours in advance to a full] valet. In addilior.i to lhca tcannis aourts i1he enlira lot arc galaaga would he uscad fan valcat. Full valent plarking allows fan opearalional cffiaieniay. 'Ilhci cans crani ba staekec, parkec situ by side, hahind each olher and parked closer toglelhcla. 'Ilhc valeat apanal ors put a p Il an i ogat h en fan caffi a:i ancy. In rasponsa to Viaca-Chairman Mikohjca}Ik Ms.Carlicir canfirmcad tlarca area 347 nagtllala pankinagl spaeas availaljlca in Phasca III. Page 5 of 13 nI-1411 V:iaa-Claainnan Mikolajcayk aiskec low does that ciompaire to tta formulas lhci towel recluiirels unceir lhci aurranl zoning. Ms. Carliar answarcld it providas mord ilhana ille once spacci par hotled roam that is aunierillN raquirec EN lhci town. This :is a shared splaaa sacanaario so lhciN lava aaaou itcad for tha lima aft c ay pciop:la paiik fear ihei loled room ainc thei 1 imci of day plaoplle park for lhci olheii f icilil:ias. '➢le pa liking ratci uis cid is aonsistcirit wilh lhci 1T Paiiking Clancaral:ion Manua]. %liaei-Chaainnaari M:iWajaayk askad abouil lhci fbrmuila used to aalculaale parking filar lhci 9,0(1(1 sq. fN. aonfereanae cieinleii. Ms. Caricir said W space as pelf :I,CI00 sq. fN. wHah :is 1 pear 110(1. Wlci would Iypiaaal caxpcacl pcaople would sl ay at tl e hot el wh o waciul c atl enad 1 hci aonfcircanaa can'l ar. \licaa-Chairman Mikolajcayk added alouil the pudic art recluirelmenl aind the manliari cif a ahapcd. Ms Rosa said thei pluiblia art iiaquircamanl is inciluidec it 'Ile devalciprrienl aigrciemcinat and wouild need to be prescinil ac and aplrlroveid t y Ile 1 own at a ] al er dale. The ar recluiireimenal pravic ec waciva c bci opan lo ilhe plublia. I1 could inaluide Ile cl apol arid/ar cathcar ar eilearrienls Thal mclel lhci 1 °io lhrcisho:ld. 11 is all lhci Towns c i sc mel ion. Commissioner Jonas askad Ms. Cartier if parking ora Haagla Budge Drive was :inacludad in lhci parking sludy. Ccimmissionm Jonaas aommeinlec aljouil 'the neaend Copplelrwyrld oplen hourel wlerci aitilencanaa was sa suicacassfrll a'lleriducis rasor ad to plarld on Hagla Ridges Drive. Tha:are ara acinaarnis regarding parking ori si tel. M s. Cart ieir said that Haag I ei It ge Drive was riot inc(luidcid in lhci sturdy beaauisei of lhci aonaerni fear Ihca bikca lanae. Tha team was athi iso aaaouinat for morci parking on sale wind also by using lhca va:lail pllana. Clula mcamlen werei lailden into aacaunt. On a typical daaN tbeliei would ba spats for most nieimbcirs. 'Ilhe aanleri parking aneaa :is whore mci91 rr amlleirs park. 'Ilha stildy also tocik into aciociunl if rriembcirshipl wauilc incireaise. Commissioner Dempls ler acimmcinteid thci plan is cax(diling and would 1] a wiondarf it for Hounlain Hills. She askad wiherei is thea arripIciyciei parking aircia. Ms. Caricui said the aniplaNea parking on sitci was aalauiiatcad in this stud}{. Also, theirci was discussion lhaat emp]oycies cauilc plark offlsile and be shultlec 1a lhca ppiopcirty. Ccimmissioriar Clwiars askcid Mr. Rlodgeirs," Is ill thei raciommandation to mcive forwaird allowing anaillary us cis in allowing the rcizariin g withauit a spacial usei plermit." M r. Roc gens said tla reaomrriericalion is ilci move forwaird wilhoul lhci raquiramanil of ai splaciial use pcarmil. 'phare arca as numtor of ancii]:lary uisus ilhal gci wiilh rcascirts suah as raslaiuiranits, bans and ciallas roqu:ining a spaaial permit for ciacih anti wound ba averki:ll whena wci arca aippravirig lhci overall placakaage. Cammissionar Owers acimmcan'lad on tlaei sat taald raduations from lana float to seven fleael. Mr. Clmiars cixprcissec aonaern atoul fire spraad anc pluib:lia safely aaams. He asked if this was takan into aons'd eratliona when making th a red uicil ianas. Mr. Rcidgars said i1 waas lis uncerslan6rlg tlei firs acide d'atatcas six fecit sci tha scaveri feeiil is wall within ilhe rcaquircimanl. Ala lhci rasic anliail d:islriails havca a minimail saparalicin requirement of six flat. Mr. Rcidgcars sack ha hoc ncit ficiarc it was a conaccarn from tha fira c eplarlman1. Page fl o tl 11 r - C h airmani Arciha rnt at It ciammunI ad that the cit nier.it zar.iingl is 14-5, PUD. Hu askoc N r. Roc glers 'I a explain Va lhu cio=,issiani what is ai HAE, (JPlainnod Aram Duvuloplmunl, aind PUD, (P:lanriod Usti Daveilopmcinl,'. Mr. Racgolis saic lhci 14-5 zaningl was allowcid fbr the Car.idominiums. 31ho PUD par allowcic fbr Ile rusorl. TN ei PAD is a view zoning c istricil. C h airmari Archaml cult askcid aboi 1 wl A it h e at nienl zoning is vial t sad ane ifl Ile IIUI] should t e 1 weaked. M11. Podglars said thei PUD only allows tlwaaikini8 for a flow Vhirigs. Thei PUD was dosignud lueauisei lho cioncos anc rusor ciamci in as a packeigo. Wo eirti :laoking al jusil elle rusart naw. Chairmar.i Arelambaiull aA& about Ilio traffic implant and haw 11 migll also implacit ,ho glaleway io IIle plresurvu. Ms. Carlier said after finishing lha paliking sludy staff uxprussed tla recid fOr aidditional paAinigl ceimarid. C ivTucl had d:ia:laguci with Bill anc Sama at autl Vl a ncieic fem eiddit:iana l ansile parking avid fdr it nal to spill anla Eaglci Rlcgo Drive. On iha iiiiaffie slueN sica wei did niat sue a lot oflimplaets cirealeid from Ile situ. Tha onia area iha, naudad filr1hur :ir.ivasiligailioni was tle initursecilion c& Palisades Blvd. arid Eaglo Rlcga 111iivo ir.iteirsecilion. 'flheN fbunic eveinlual N a iiiiafffe l:ighil wadid neeid Va bo inslallod al Ibis :ir.itursticilioni lecatso of lhci Acura Ceinyari prcijucl and the Cappurwyrld uxpansiar.i. Thoy agilecid io slara in iha ciosil ofl samei offsila :imp1movcimeinls to bei inislalleid. This would lei ilhe instaillalioni of the tax & ciandtil tindeirgraunc . Chairman Al cl ambau ll askoc wl al parkinig woul d l ool like all t h e campll ul u bt i l c out and 83% ociouipanicy of iha 300 roams. Ms. Cartier said iha 83% wou:lc bei lower lhair.i whail sho is quat:ir.ig. At lho pciak parking domaind in plasti 1 is 13SI plarkingl spicas and tha lrai iliona:l parking splacies providad axi 1 SISI. 'HE esci nurnt ears inciluidec ilho uffieiar.icy afl vale, plarkin& In Wasci I1 ilhe nci& is fcir 1104 pamking splaees wilh 2`11 parking spaces providad. In Phasa III Ile neiec is fdr 32z parking spauias will 347 parking spaiccis plrov:idec pilus ilhci apilioni Utlei ac 6llionad 4(1 on thea lennis courts. 'Dhe actulal parking splacies providad wall uxcieud whal Zhu s 1 uc 5 reieommenc s. In response to Chairman Arclambaiull Ms. hlaso coniflrmod Ilio lawn waulc haivo Ile availaitilily to tweak lhei plark ingl in tl ei lloveilaprrmonl Agileeirreinl. Chaiinnein Arclambaull asked what/ modeil was used far iha slalemont oflroveniue. Ms. Moso said the sa:las lax flrsl them accod thea bead lase on lopl. Wo arit:iciplale a leni t:ima :ir.umuaso ty Ilio time 300 buds are rua cheid. Commissioner Dabrowski asked M1i. Rocgons aiboul Zhu ciurruntl haiglht of tlei slrucituires. Mr. Radgcirs sand tla ciunienl luiglhl ofl tla luildir.ig is aiboul forty fuel and tha single sloryl parking slructuire will ba r.io made than fifty foull. Chairman Arcihamtault suHges,ec theit ailarig with ilio mal:ian, tocay's mcielling minules to fcuiward& to council so thoy can roviuw wl al cltesilionis wane asked by th o Pleinninig anic 7Joning Cammiiss:ian. Conunissiar.ier Datrowski MOVDD to forward a rueammundatian ,o 'flown Cotricil to apppiova lho Froplased Coplperwygd HAD rezoning as prusenloc with lhci acdi,ioni of ilio rrieut:ing miiniuleis pravidec to iha 'Sown Cauncril. V:icio-Chairmani Mikolajcizyk SECONDED and iha MOTION CARRIED UNANIM OUSII Y 710. Page 7 of 13 AGENDA ITEM #14 - HUHLIC HEARING OR ORDINANCH #17413, A MENDING 'DHE FOUNTIA] N HILILIS DONING ORDINANCE C HAP THR 25, IW ADDING A NEW SECTION 25.0?1 TO A.LLIOVN SECOND -STORY AND ABOVE RHSIDHNT]IAL DWELLIING UNITS AS PHRMITTHII USES WITHIN THE DOWNTOWN ENTERTAINMENT OVHRLIAY DISTRICT, CASE #Z17-01 Comm iss:iancir E arripstar aperiec 1he Public Haaliinpl at 8:CI0 p.m. Mr. Radgars addressed tla aommissiar.i rcigarding the reisidantial in the Downlown Ovalday. Mr. Radgars said cunianlly, lies:idenitial uses ara allowad :in the cammcmcial dislrictls only EN Spacial Usci Parmit. Ordinanea 11-0=1 will amiend tla l:awrntawrn Hntartla:inrrianl Ovarlay l;istriel rcigulalior.is in Chapler 2.1 of the coming Ord:inaniaa to allow scicanid story and above rasidantlial usas, UN r:i8ht ralheli flan liequiiring a Spacial Ua Permiil. Mli. Radgalis axplaincid iha aour.icil has ind:icatad that tlheN waulc like to make :i1 ciasiar to havci miorci plcioplle live ir.i and around tla downtlawn arca. 'The thaughl is 1hal allowing fbr a mix ofluscr by righl miiot hastciri lhci deivcdoplmcnl oflvacanil paree'ls downitowri and also lalpl lhci bLisincissas if rcisidantls 'liva alasa by. Mr. Radgars saidda upper floor residcr.itial uscis ara allowac in 1he TCCD alroady 111ha souith sida ofltle Avanua) so tlhis wouild make 1he ragLllalians on balh sic as oft the Avanuia oft 1ha Faunilains and real of dawrntawrn the same. Upper Hloors ara approved by nigh luit first floors stall nuad a Jplaciad Usa Parmii1. Tlhe reason flrsl f.00rs ara not par of the amaridmiend is tha concern flail iri tla long run it may le more desirable tla keep tlhe first floors xis commercial usas in order not 1a losci loo mush of tlhe eomrriarcial propality basa in downlown. Mli. Rodfle:rs wianl ori tla saN that the aammarcial plrapcirties witlhini de dawnitawni overlay Eire 1ha mall idaad for lhls usa. T1his scenario would pralally net work well :in all eommareied dislriatls sirica lhare would ba soma Linirdar.idad aonisaquenaas; Aparmants bring farriilicis. Many oft tlhe eommareiad araai Eire not coridueiva to kids pllayind Sarna comrriarcial alieas lava noise issuias and Eli ]oils ofltruiat lrafflc or any nuimlar oflotler attractive nuisaricim. Mr. Radgars said -Ile railioriala behind joist plliapos:ing tlhe cawntlawn area is Nil people wi l know wheat 1heN are buNiripl into, ari aatliva c ownlawn arca. Tlhare shouild be no azpeatations ofllimitad lusiriess lours Eli quiicit naiglborlaods. In conciluision Mr. hlodgars said slafflrcaamm Inds that tlis amancmenl la considarad as an initial stlepl and dapanding on how succassful tlis is, in 1ha frlturc alhcir areas could ba cons:ideliad for incduision and lhat 1he Commission forward ai roaammandat:ian to 'lawn Council to approve Ord:inarica 11-0=1 as praser.itad. Commissioner Dcimplsleli askad if lhare vara any liaquiasts to speak and 'Ile Reiaardar Paula Waodweird answeliac there wera r.io requiesls. C ammissioneir Dempstlar aloscid 1ha Pull:ia Hearing a1 X1:04 p.m. AGENDA ITHM #9 - CONSIDHRA7IION OF ORDINANCH #17-03, AMHNIDNG THE HOUNTAIN HILDS ZONING "ORDINANCE CHAPTER 39, BY ADDING A NENNI SHC T1ION 29.03 710 ALLOW SECOND --TORN AND ABOVE RESII1ENTIA11 DWHLILING UNITS AS BERMITTIED USES WITHIN 'THH DOWNTOWN HNTERTAINMENT OVERLAY DISTRICT. CASE # Z17-01 Cammissionar llabrawski aommeritcid tlhal or.ie of the alallar.igas heard from 1ha local busir.iesscr is ragard:ing folks wla work in tawui to also hive in town. Elle said shei was in favor lacausaa Elis would Edlow fbr pciopla to lives anc work witlin walking distlance. C ammissionar Hariscn asked for e]arifiaatian bel wean tha Brill erlainmeril ClveldaN Distriel anc 'Ile Plannad Shopping Plaza ClverlaN. Mr. 14odgars rapliad Tlha P annad Slopping Hla za Ovarlay is an old dasigrlaliori tial was part of 1he Plat X181 sl oppling district. It is not plan afllhe Downdown Oveirlay. Page 8 of I In resplansci 10 Chairman Arcil'ambaiu l Mr. Rlcdgcrs sa'c the lowing alley -s the only C-31 within lhei cownlown overlay disiricl. 14ellcry's Ai:itomoliva Rltiplair is in a C -:I aon-'rng. Chairman Arofambaull exrFessed aur.iacrn alow wlall lypci of commercial Evsinciss waulc to allowed lelow a seaonc slary rusidul and their irripaail ori fami;licis. Mr. PA&quli said lhat lypicaL'ly thosti types afluscs would not lava residemlial above. A ruskorlil'al atovu will a aommurcial lielaw wculc be view builds. The max'muim heighl wauk be fl fleet,1hreiti levels. 'Mine-Chairrniar.i M;ikolajaayk asked if lhci 71CCD, ('flown Curitcr Cammciraial 21oril Dislrial; allows lies:id er.it:ial. Mr. Radgcrs laic the rultis would be the samci fkm lhci'I1CC D as tley ane for Ile Downlown Ovcr:lay. Chairman Archamlault asked aces the allawad ai8ht dwelling Lnils rriaximLlm per aarci reslriciliori aplplN to ciaah lot in proplartion to lhciir aarciage sites. Mr. Modflcrcs said That most uflthe lots downtown arei 2(11,00101 squalie fecit or less which would ba alout one ila Iwo units. C cnisolidation of lots would ahanga 1ha1 amount. A two f for building wilh commcmcial below i1 would be aliaut eight unils. Chairmain Al cl arribaull asked 1 ow many units per aicrei is at PauikPlaicc. Mr. Rodgers laic lwendy-fiva units. Commissianier Dempster cummur.ited she :liked the walk ability this provides avid law this is in line with the Urbain Fviri8lrenid. Commissianier Owers asked abouit palikini8 Oars. Mr. Rodgeirs said no parking sturdy was curiduacid. Existing pall is available throuplhoul Oat 208. Chairman Alclarribaull askcid if ParkFlane used anN of plat 21Cld as part of thaili plarking raquiremanls. Mr. Rcdgeirs said Parkplaae did riot use any oflplal 21018 as parl of thair parking requiremerd. Commissioner Janes MOVID to forward a reaomrriencation to down Courici] tc approve lhci proploscic tcixt amendments to Charpleli 2fl oflille 21anirigl Qldinanae rclatir.ig to residuritial uscis being pcirmitlec ini 1he Ilownlown Hnllerlainrrient Overlay Disir'all as presented. Chairrriari A1clambaull SECONDED and lhci MOTION CARRIED UNANIMOUSLY 7/0. AGENDA ITHM #E - PUHIIIC HEARING 700 RECIEIVE COMMENTS ON A PIROHOSHI] SPH(: IIAII USD HHRMI'D TO AULOW CUSTOM 8011AR GOLF CAR A SSEMHLY A1\ D SAI HS All 11(U5 EAST SAGUARO BOULH`IARII, LOCATH11 IN THIR °" C-2-INTERMEDIATH CIOMMERCIAII" 210NING HISTRIC111. CASH #SU 201(-q5 Chairmain Al charribaull opened tl e Pubic Hearing at 8:11 pl.m. Ms. Moore addressee tle aommissiar.i avid plane a PowcrPoinit preseinilatiori. ljCoVIN :is on file in tla Clfficti of the Town Clerk. Ms. Moorci explaincid S -NAP Gulf Cars is golfl sales and assembly business tlat aoriverls traditional gulf naris to solar power vehicles anc cuslomiiaes thea body & parls. 7lhciy anti recluesllinpl to move irdo oris unit I1gilounc floor) of a current aommerc'al lluildinigl luaatcid al 116C15 N. Sagclara Blvd., in a CA intcrmecialci comrriereial zoning d'slrict. Tho business would have sales anc cisplaN anuas for 1hei gulf cans as well as an asserriblN ansa avid starage Mi gulf plans and solar baltcries. Ms. Monne rciferenaec lhci averlead to show the business laaation and it's rcdation to lhci community 1hcaler, auto replair Eusinciss, HHKI warehoLise anc rriulli-fkmily Ious'rig. Tle CA d slr:iat reigulaliunis airci in Chapter :12 of lhei Fountain Hills Zoning Ordinances. Ms. Moore rtiferrad to Chapiler :12.0_`1 J that ] iplhl assembly and storaple in ilte CA aon:inig dis'lriet is allowed with a SUP and must bci appravcc 11N lhe'Ilown Page 9 of 13 GRAFT Council rut lhcare arca candilicanis wiilh this type of usci. Tlhci coridilions arca trail aniN asscimrly an storages areas assacialcid wilh aswrrarlN aciliuificis slia:ll not occupy marcs thein fifty pleirccir.il of ancilawd luilding spacca uscid for the l:usirieiss. Tlrarea shall le no use of haazamdouis maileirials involvcac in the assamb:lN opearalian. Ins acdilion la:ligl11 asseamblea and slaragca, raw anc uses aulomoHla, including cnrtsidca displlay areia, provicl ad all salsas and napair activilias arca acinducitod with in a build ing. Ms. Maare acanicludead wiilh rcicommcaniding approval of a Special Usa Pcarmit 4a allaw ligrt aswmrly anc silorage witll sliplulatians oullincad in tr ei staff iaeplart. Chairman Arahamrault asked if thane wane any reclucasls to speak and thei Meaorcar Paula Waadward answered tr erea wiarca ria neclues'l3 . Crairman Arcihamrault aloscid lhci pluirlia hcaaring al 8:11 p.m. AGENDA ITEIM 0 - CIONSIDERATION CE A HROAOSDII EIIIECIAL USD PIERMIT TO. AL LIC W CIUSTIOM SOLAR GOLFI CAR ASSDMHL]Y AND SAL DS AT 116(19 EAST SAGUA RO. BOUBEIVARD, IJCCIATED IN THE "C-3-INTIERMEDIATD CIOMMERCIAL" 210NING DISTRICT. CASE #SU 301E-05 Cammissioncir ]]cirripstcar asked far aonfirmalioni that lhci rciplairs aiaa plarfarmcid inska lhci ruilding canlN. SlIa asked if Ire lhcuae waLilc le now ear and uscid clan salsas in addiliani to tho goaf caart salsas. SNa also askcad if thearca is rasic einliad in ibis building. Ms. Maorca conifirmcad aal iaeplaiaas wound be insic a anc Thal anIN golf curls (vahiales; would be far sala. Slia said thorci :is na reasic anlial use in lhci bui:Icinpl. Viaa-Crairmani M:iko:laja3Nk askcad is trorca ai rsaporl alai] cif raillcmicis and matcarials used to cinsurca IIre no Iaaarcauswasileistiplu:lailiom are mail. Ms. Maorci said ciscu3sions look placci ilhiouO mecitings with the fire marshal and lhca app:liaanits. C laariflaailions ware dcafined so it is alcaar what is not allowcad. Chairman Arcihambaull asked alaut parking requirarrienals and 'Ire chain link farina aurrcantly around 1Ihci p lropear4 N. Ms. Maorci eaxplaincid a 3itci 111 ani was cireatud srawing parking as if thea sicca was al hull rLii:ld aut. Wr oil rell lhca arain:link fenicci is rcimavec car rcamainis is not a ppaab:lom. Hawavear ire galeis would Nava to remains capcin fdar public accciss. ChairmaniAichambaull askcic about firessppainklcarcelails. Ms. Mooaae said shca just reacuivead a laltcar from lhci arah:ilcicrl and 11 appears it may nal ba an issuca to sppainklcir ilEal part cafltfei Eui'.d:ing for lhat planiaular usca. Thea aplpliaanl would still nucic to arsenie lhci 3 firplations and mcael lhca Fire Marsr alls recluirarriends. Clni Chairman Arahaamrault's rciclucisl, Ms. Moaaae revicawec tray staff slipuilalians listlad :in iIhe agenida acl:ian farm in the enic:lcasec packcit. Ms. Maorca acanfn-nod that all the sliplulalions must lie meal in refarca lhat busincass beagjris 4a capeaawa. Commissiarier Owcirs askcad about thea r.ian-comp:liancca scacand floar ]Iasi cenci a. Ms. Moores said lhci nan-aampllianae rcasicl ariasa is neat part of thea appliaalion and is potlanlially bcaing ad6aesscid uridcua a diffcarenil splaaial Lisa pleirmil. Thea owniar is ria :langear living a1 lhci site. He has aplpliec fl3r a spacial uisa perm t but that applliealian is eurranlly on 11cold. Iage 10ofII Commissior.ier Dalrrowski askck about thea hours of opciralians. Tlha appll:iaanl slalad tha hours would bei MokaN lhrouigh Fric ay wilh hours 9:010 a.m. to =1:00 p.m Commissianier Daliliawski reiquastad la reviciw sloraga anc displasail of tha aamponcnls beifane this itearri gods it a aou iniai 1. Commissiciii Jonieis askad is lhci einllira floali sprinkles ala just ai pciraanIglei. Ms. Maorci said That she would rav:iaw lhci ]attar naae:ivci priar:la the mcialinpl anc tba siliptlailians stalei t1la4 anything ihci firci marshal liecluircis wauld nciec la be acdreissad. Commissiancir Joncis MOVEI] to farwamd a reaommendaliori to Town Council to appravci tha praposcid Spacial Usti Hai to allow mistom plolf earl assembly anc sales al Ll 6(13 Nalath Sagulama Blvc., loaalec in the "C-21 Inlermcidiata C ammcilicial" zoning c istricl, stibjclal to thei stipulaliar.is reaomnienicec by staff as ouillincid in lhci staff replar. Cammissionar Clwars SECONDED and 1he M0,11ION CARRIED UNANIMOUHUY T(I. ' HEARING TO REI HAMIDY A'H 10110 E. EIII PUEBLO BOULEvARTI, LIOCATED IN THE "'C -CI — COMMON COMMBRCIALI" ZONING DISTRICT. CASE #SU 2011-02 C h airman Araheimt atilt opancid the Hu Hic Hcaring al 8:27 p.m. Ms. Maarca gaivci ai PowarPoir.it prescinlalion (Copy is ori filci :in ilte Offaci of tha Tlowri Clerk) rcifcirenicing Deinnis Sypker.is, applliaant, wlica :is raclueislin8:lo loaala a s:inglerfeimilN rtasicicnaa an 1haseaonc floor ofla Iwo silary aommercaia building loaalleid in lhci C -C Common Commciraial 21on:ing Dislriail. Slha casaribeid whal was ori the ovcincciac mapl, "Tha building ftonls a plarking lal to lhci ciasil and an unriarna allay to:lhe wast. The Adate Wlinca and Lliquiar stare ams 7911e Hills Piazeiria aboul the plropcii la the sai;itN and -Ihe Llaserl Cruak Fellowship 'l a 1he north. TEs prcapcirly hais beien vaaanl fkm scivena] yaans. T11arci arca aurran:lly scavaral vaaanl panels in tba sunouncinq aaea." Tlhci C -C d:i9lrial regulations ara aonlair.iec in CNaplen ].I aft 1ha Zoning Orcineinaei. Pulastianl to 9eat:ian 12.0=1.F, :in cmdcu ai sing] a -family nesicenaca in tha C -C Zoning Distr:icl, ai Spacial Use Hcirmill mush b ca appFovcid by thea Town C caunail. M9. Maarci said Tlonighil's hciaring is to reicluieisl that tbei Planring & Zloniin�l Commissiani aonsker forwarding a favorable naaanimendation to lhci Tavern Caunai to apppaovci Ibis raqucast. Scialion 2.012.11 of lhca 2loning Ord:ir,ianicci otdlincas tha key arilaria That should ba aonsideleid by lhca Cammiission during yotin c elib orations. They alga: 1. Any Spea:ia C and:it:ians 1hat influcanaa tha loaalian a. Whelheir ainy nciw buildings ar alhcir irriprovamends arca plraposcad 3. Traffic 4. Any ncigailivei influcnaeis an adjoining ppaopcirties S. No deatrimenls to 1ha putlia heaaltb, safely, pciaaei, or aomforl to 1ha propleu-licas in lhci imnic6eitci arena on to 1ha Elanearal welfare of thea town al largo. If 1ha Cammission dcalcirmincas that tbasei %sitars ara satisfacalcarily aiddreassec the Commission shai;ilc fbrward ai reaommeinc aalion la approve thea 9pecaial Usti Heirmill. IV ilte C ammiission datcarmincas that 1he faatars are nat all sail isfhal or:ily mail :They may rcaaammcnd that th a Council altacb add:iliai s1 iplulations to chair approval. C1r the Commissian maN raaommek dcnial. Ifltbeiy aeaommenc denial, the Commission should no -la lhci spleaifici rciasanis ftar lhci reiaammendation in on er'Ihal C ounai] aan fully eavaltialea the reaommanc alion. Page ll of 13 Ms. Moorci aonaluceic by 9alyIng Thad stafflliaaommeinc9 lhait Ihci Cammiissian fkimiarc a reaomirleridaliani Io'flown Cour,iciI to aipprav�e Ilia Spectial Use Purmit to allow a ungla-fitmiIN vasicenaei on Vha seaoni flocm or tha aammicmala] kilcinid Ioaailac al W11(I Hass Hl Pueblo Houlavard, sul•jacl 10 lhci 91ipjLlaitions oullinac in '11 e staiff I rapori . Chairman Arahambaull asked if i1herei were arid{ uccluestls Va 9plaak ane Ilia Blaaordor Paula Woacwalid an swarcid iheirci wares no reiqu asts. Chairman Arahambaull Clasad tlla flublici Hearing ail 81:3(Ip.m. AGENDA ITHM #SI - CONSIDERATION OH A PROPOSED SHIOCIAL USE PERMIT TO ALDOVW A SINGLE HAMIDY REISIDHNTIIAL DWEIJLING UNITI AT 10110 E. HL HUDBDO. LOCATHH IN THE "'C -C — C OMMON COMMHIRC IAD" ZONING DISTIRIC T. CASE #SU 2011- 0:1 Viaa-Chairman Mil olajazyk MOV1�111 ila fbrwamd a recami mandalicin to 'Dawn Council 11a applrove Oa praplosui Spciaial Use Heirmil 'la allow a singles-Mnii]N rcisidcnaei ait 168](1 E. El Puablo Hlvc., lacatad in tlla "C -C- Common Commaraial" coning district, subject :la lhci slilt:laftions raaommeikec by slaiffl as ou l lincid in the staff rciporl. C ommissianeir Ileimpstor 9HCON DDD ane tl a MOTION CARRIED UNANIMOUSDY 1/0. AGENDA ITEM #]I (1- COMMISSION DI9CIU99I0N1REOUE HT FOR RESEARCH TIO STAFF. ItEms hi tEq tleilow ane 3rilated only Uo the prb,IHety of (� pilacting item 1i on a fuilune agenda fon action on (i) q'renming staff to nonducil funhur nesicarich and irlGirt batik 110 the Commiilision. Nona AGENDA ITEM All - SUMMARY OH CIOMMISSION RHOUBSTS FROM DEVHLOPMEENT SERVICH9 DIRHCAOR. Nona AGENDA ITEM #]I 21- RE PORT FROM I]HVELOHMHNT HEIRVICTIS HIREICTOR. Mr. Mod€tars said Ilia Copperwyrc PAD is on Ilia caLnail aaenca ncixl wciak, ThLrsdaN, Marcli ]6, 2(117. AGENDA ITEM #121- ADJOURNMHNT. CammAsioncir Dal:rowski MOVHI] to aidjaurn Ilia macdind al 8:11 p.m. and Cammiis9ioner JonasSECONDHII and the MOTION CARR] HH UNANIMOUSBY. FOUN'DAIINI E ILLS HLANNING & 210NINIG COMMISSION HY: Chairman Mile Arahambaiull AITBSI: PaLhi Woacwarc, Hxeaullivei Ass:islant Page 12 of 13 CENTIHICA` ION I heireiby cerilf lfal lhea ftuaegcain€1 minutas are a ilrue and conlaet cicipy cif the mir,ulas cifllhe meailing of ffic Fcaunlaiin Hills Planning arid aoniing Comrrissicin Bale on Ito Th day cif March, 2(I1'A in thea 'Downi Council CIl'ambears, .167(151 H. Menuia cif tlle Fountains, Fountain Hills, AZ 851268. l hirlher ciarlif� tharl the me ening was c my cialle d anc 1hal a quorum wets preaseril. Pau Iai Wlcacidwak, Bxe cul ive A9sislaant Page 11 oil 13 S -NAR G c If Cans, LLC IIIEI05 N. Slags aro Blvd., Suite A Fogy ritairi Hills, A 2185368 NARRATIVE REPORT—ComiponeritStorage 91 Disposal Component sl orage and c isposal information per tl a Rlanriin8 and Zoning Commission regc East: Eaal custorri solar golf aar will k e assemiL lec oriEi at a tirriE1. ThEire will be no cither golf sans in the building or ori tF El pnoperl y aw aiting aompleticin. C olf sans witF pEiridirig one ers anc extra golf sans will k El storEic at Adobe 91 orage, ]1[1000 Teal nology Drive, Rouril ain Hills, AZ 89:168. There will be two (iorripleted golf oars on c isplay in OL r Shciwraom in 1 he k uildirig QSEW attaahed flocir Allan). The aorrirlonerits of each €loll aan prion to assembly will be stared in an erialosed stora€lEi roorri next to thEi asSEirribly area. Solan panels w ill be w nappec completely w l ile in storage. Tl e N ari- Slpillable/Nora-Hazarc ous A CM Batteries will bEi one Eired and pL ral ased as the final step in ciarripleting each golf aar. TF Eire will be rio supply or stoned k atteries other than tF ose regc ired for tl a solar golf aar L eing ciarriplel ed. A loakiriEl finEi proof storable cabiriet will be L sed to storEi any chemical produats on (iorriporients tF al require protection fnorri fire, heat or water e) Klosc re. A aorly of tl a proposec floor plan for S -NA P Golf Cars at IIIIE105 N. Slagc aro Blvd., Rountain Hills, Aa is attaahEic aric shows the storagEi room inc icated above. Also sFowri on the floor plan is an ac ditional stonaElEi area in the Showroarri arEia w F ich is for office L se. Disposal of any components fnorri eaah golf aar will L e F aridlEid as follwAs. Upon arrival of golf aan for aorl% ersion at tl a be ilding, the eb isting batteries will be remo%Eic irrimedial Elly aric retunried to tl e L atl Eiry corEi merchant. The boc y, roof, tires anc w 11 eels will be removed and transfEirred to our resale Outlet iri Rl oenix. Smaller acirriporiEints remici%Eic will L e c iSrIOSEic of in dumplster or as nEicluired. 01TOA Ins] = M1•1 9 1 1 1 41": arr PrP.qPntatir o i hat is Agt V SU -2016-05 S -NAP Golf Cars Special Use Permit- Light Assembly, Auto Sales 11605 N. Saguaro Boulevard Location Map Location Map Community Theater FHSD Trans. and warehouse receiving Subject _ Property Multi -family housing Y � _ Auto repair business 1"r" Site Photos Criteria - Light Assembly and Storage Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (501o) percent of enclosed building space used for the business. There shall be no use of hazardous materials involved in the assembly operation(s). PEtZ Recommendation: Approve a Special Use Permit to allow Light Assembly and Storage in the C-2 — Intermediate Commercial zoning district at 11605 N. Saguaro Boulevard, with stipulations outlined in the staff report Staff Recommendation: Approve Meeting Date: 4/612017 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, rmdgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING on ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. Case #Z 17-01 CONSIDERATION of an ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. Case #Z 17-01 Applicant: The Town of Fountain Hills Applicant Contact Information: Development Services Department Property Location: Downtown Area Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2 — Section 2.01 Amendments or Zone Changes Fountain Hills Zoning Ordinance Chapter 12 — Section 12.03.F Uses Subject to Special Use Permits Fountain Hills Zoning Ordinance Chapter 25 — Downtown Entertainment Overlay District Staff Summary (background): Town Council has expressed a desire to amend the Town's downtown zoning overlay ordinance so as to accommodate more residential density than is currently allowed while still retaining the commercial nature of the ground floor spaces. The TCCD zoning district is the only commercial district that allows mixed-use projects as permitted uses. Other commercial zoning districts require residential uses to have Special Use Permits in order to be included as part of a mixed-use project. This text amendment will allow residential uses to be included as permitted uses on upper stories in projects within the Downtown Entertainment Overlay District. Thereby, making the regulations Page 1 of 3 Resicenlial in Ille Downlawn OluerlaN TC — 416,117 ccinsistent 1lhrciughciull 11he enllire do" n1lown area. C unnently, it ere are twice underlying acening districlts within it a Downtown 8niertainrnent Overlay (C-2 and C-3) whiah will be affected by Ihis amendrr eni if it is adopted. As ire intent of the amendrrieni is tcA e Ilow fcn an incree seed residEAntial pnEiseincei in the dcwntcwn anea, ill is nct being recommended tr at she C-2 and C-3 acening distnici regi.laiiceris simrlly be amended io allcw residential uses by right since chis wceuld alscA affecd rrany ether areas cef tcewn Witt C-2 arid C -;:I zoning. phis amendmEAnt as pncepceseed, will oenly afilect properties 11hai are Icecated "titin ihEA Dcwntcwn Bnteerleinrneeni Cverlay ❑istnici. RIEAsideniial uses may be includEAd cenly if 11he pncepeily ovarlen / deevelcrlen wishes tcA to kee advanta gEA of thEA nEAw cerdine ncEA pncevisicns. IP Ere is no mandatory reigL inEAmerlll thall residentie I units be includEAd. Tr is prcrlcsal will ncet effeci the underlying districts' c se restrictions, building codes, heAighi and cceveragEA rEAsllricticens, ADA r6quirEArrieAnis arid density allowances which will all remain the samEA. AlscA, proposals fcer rEAsideential units tcA bEA creased on it e first floon will still be required tcA gc thnceugh thEA EIPEAcia I Use Permit prcecess. Risk Analysis (options cer alternallives with implications,': Adopllion of it a proposed ordinance amEAndrneenis will allcm rEAsideensial d"eAlling units to be included in projects within ire Downtown Erlllertainrnent Cverlay Disirict as peenrnitileed uses cen it a seccend story and above. Not adcrilling she amendrnerills will maintain the current oendinanceA standards that requirEA any request to include residential units within thEA ❑cwntcwn OvEArlay area tcA rEAceive approval cef a SpEAcial L seA Rermit prion to being allcewEAd to do sc. Fisiceail Impact (initial and ongoing costs; budget siatus;: NA Budget Reft me ncee (Mage nc mber): NA Funding) Sciuncee: NA If M ultiple Fu me 61 util iaec , Iisit herer NA Bludgetec; if No, attach Budget Adjustment Roirm: NA Reccirrimend aticin(s) Hy Boairc (si] or Ccimmiss ion(si; : The Planning & coning Ccemmissicen held a public h6aring on March 9, 2017 and vc1ed unanimcAI.sly tcA ft rwa rd a rEAcomrr endatioen tcA approve the ordinance text a rr endments tcA Cha ptEAr H cef the Zoning Ordinance relating lo relsidEAntial uses being permittEAd in the DcmnlloAwn ant6ilainrrieeni OvEArlay District. Stahl Re comme n da tion(si; : Staff reecorr mends shat tr e flown Cceuncil approve the prcpcsed text amEAndrneenis to Chapter 29 cif the coning Crdirlance relating tcA residential uses being pEArmitteed in the Dowrltoewn EntEArlainmeent Overlay ❑istriclt as prEAseented. Aage 2 of 7 Residential in the Downtown Overlay TC -4/6/17 List Attachment(s): Ordinance #17-03 Zoning Ordinance Chapter 25 3/9/17 P&Z Commission Meeting Minutes SUGGESTED MOTION (for Council use): Move to approve the Ordinance #17-03, a text amendment to Chapter 25 of the Zoning Ordinance relating to residential uses being permitted in the Downtown Entertainment Overlay District as presented. Director's Approval: ob rt Rodc Development Services Director 3/27/2017 Approved: 4.� Grady E. Mill r, own Manager 3/29/2017 Page 3 of 3 ORDINANCD 1743 AN C RDIINA NCE CH '11HE M AYIOR AND C IC UNCIIJ OP THH TC WN CF HOUNTAIN HIIJLS, ARIZCNA, AMENDING THD TCWN CF HOUNTAIN HIIJIJS ZONINC ORDINANCE, CIHAFITER 25, EY ADIIINC A NEW SHCITION 25.03 REBATED TC AIJIJOWING RHSIDHNTIAIJ DWELLING UNITS A S HERMITIIHD USHS WITHIN THH HN'➢HR'IIAINMEN'Il C VERLAY DISTRICT. WHEREAS, the Mayor and Counail cif the Hawn of Hciuntain Hills (thea "Town Council") apprioved Crcinanae No. 93-22 whish aslablishad the Acin:ing Ciidinance Rip 1hu Town aflHountain Hills (1hu " Aan:ing Oridinance"); and WHDRIEA S, the 'flown Counail dusirus to arr. unc the coning Ondinanae to ravisa Chaptur :I`I (Hntertainment Overlay District) relating to permitted uses; anc WHDRIEAS, in aaaordanae with the Zoning Ordinance and pursuant to Amlz. REV. STAT. Fj 9-4(1.04, Ilublia hearings rugaiiding this Ordinance wara acvurlisud in the Hebrularyl 1_`I, 20:17 and Hebruiaryl 22, 2017, edilions oflthe Fountciin H1'illsi Tinicis; and WHEREAS, publia hearings wara hold by 1hu Hounlain Hills Planning and caning Commission on Manch 9, 1017, and by 1hu Town Caunai 1 on April (, 2017. NCW, THEREFCME, BEI IT ORDAINED BY THH MAYIOR AND CCUNCIIJ CH '➢HE TC WN OH HOUNTA IN HIIJLS as follaw,,r SHCTICN 1. The recitals above ara heneby inaorflciralad as iflfully set forth huruin. SECTION 2. The Hawn of Hountain Hills Zoning Oridinancu, Chapter :I`I I11inlertainment Cveiilay Dlistiiicl; is haraby amended by adding a new Suation 25.03 (Harmitlad Uses) to iiead as fo:llaws: Section 25,(121 Pei mittfid Ullieis A. Any permitted use identifiad in the underlying zoning districts. B. Singla ori miulli-family residential dwellings locatec on Vha second story) ar above afl a building, so long as the riesident:ial dwalling and the underlying use/structLlras ara in aomplianau with 1hu following: The Iachnlical codes set furl in Artiale 7-1 cif Ithe 'Ilawn Code. 2. Thu height and aovaraga nestrialions in Vha unduAying zoning c islriicts. -I. A miaximum (if Ieight cwe:lling units pen acne. At 9:10.3 SECTION ?I. Ifl any secdion, subscactian, sentencca, alausca, phrase of portican of 1Ihis Crdinance is Mn any rcaason hold to ba invalid ar uncianstilulional by 111ca decisicin cif Iany court of complcatent Jurisdiction, such dcaaision shah not affect the validity of the ramaining portions of this Ordinanca. SECTICN 4. The Mayar, 1ha Town Managar, the Town Clerk and the Town Attorney arca hereby aulhoriiaad and directed ll a take all stapsi and ani ciaute all documanl s ncaaessary lo carry out the purposa and intent oflthis Crdinance. FIASSEU ANU AUOPITEIU by tha Mayor and Counail of lhca "flown of Aounlain Hills, A i izona, A priil 6, 2011. FC R1111111 TO VN N O H FC UINTA IN HILLS: ATTESTED TO: Linda M. Klavanagh, Mayar MBVII BWEU BY: Crady E. Millar, '11awn Manager 29 01779.3 2 Bavalyn a. Bandar, "Hawn Clcrk APHRIOVI110I AS TO FC RM: Andiew J. MaGuira, Iown Attorney Town of Fountain Hills Zoning Ordinance Chapter 25 Entertainment Overlay District Sections: 25.01 Purpose and Intent 25.02 Provisions Applicable to all Uses Page 1 of 4 November 4, 2016 Town of Fountain Hills Zoning Ordinance Chapter 25 Section 25.01 Purpose and Intent The Entertainment Overlay District is an overlay zoning district covering portions of downtown within the Downtown Area Specific Plan area, as shown in Figure 25-1 below; any property located either partially or wholly within the district is allowed the uses in this Chapter. The overlay district is intended to allow for outdoor entertainment and uses to establish a more vibrant and active downtown area. The Entertainment Overlay District modifies the underlying zoning district regulations only to the extent specifically set forth in this Chapter. If not specifically modified in this Chapter, all of the regulations in effect in the underlying zoning districts will remain in full force and effect. [Figure 25-1 on following page] Page 2 of 4 November 4, 2016 Town of Fountain Hills Zoning Ordinance Chapter 25 TOWN OF FOUNTAIN HILLS ENTERTAINMENT OVERLAY DISTRICT Figure 25-1 <Y 1 Rt -6A Fuo R-3.If;, R5 R1 e: R5 \P..'J.P'� \al P,0 OSR I.woRzE��Ncs?aR'� YP N R-4 TC,CD RI WE115T� \. C-1 S UP4: B -II -10 / Page 3 of 4 November 4, 2016 Town of Fountain Hills Zoning Ordinance Chapter 25 Section 25.02 Provisions Applicable to all Uses A. Outdoor Entertainment is permitted at any establishment with dedicated outdoor seating areas for food and beverage service. B. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service. C. Establishments with dedicated outdoor seating areas for food and beverage service shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7. as amended. D. Outdoor seating areas for food and beverage service shall comply with any applicable barrier requirements from the Arizona Department of Liquor Licenses and Control. E. Outdoor seating areas for food and beverage service are allowed within the sidewalk areas, provided an encroachment permit is approved by the Town Council, in its sole discretion. Page 4 of 4 November 4, 2016 TC WIN C F F C UNTAIN H IIIIJS MINUTES OF THE RE GULAI2 SESSION OF THE HLANNII\ G & ZONING CO MIMISSIC N March 9, 21011 Cta:irrnan M;iahaal AichamEauII clrlancld the maeling al 6:30 pl.rr HOLD CAIJL: Tha fklllawing Clanunissionclns were) pinasenl: Chairman Miahaal Archamtau:ll, Viae-Cfairman Eugar.ie Mikcllajeayk. Comm ssiclnleirs: Ambarlaigh E abrowski, Susan Darriplsler, Er'k Hansar.i, Howie Jlar.ies. Also in ati andaneci wcula Bob Roc glars, Dev elcpmant Sarviaes Dircla' cm, Marissa M core, 9anicr Plannelr anc Paula Wciciward, Ema(ILIi\el Assislanl anc Reciordar of 1he minwas. Comniissionar Rogelr Owers arrivec o f aii ral l call]. Chairman Michael A.rollarribaL ]t reclL astcid Alar icirlai ion in the] Pladgel cif Allagiar.ica and a momeril cif silart reflleciticr.l. C ALL TIO THE PUHDIC Chairman Arahambault askeld if lherei metre aril raquests to srlaak and the Racorcelr AaulaWaccwarc ar.lswielrec tiara were) ria raquesils raceivec iriganereil,bLl ltercl aide reclu asts flar agclnda ilerri mimbcul lwa. AGENDA ITEM #1 - CC NSIDERATIION OF AHPHC VING THE IIDANNING AND ZONIN COMMISSION MEIEITING MINUTES DATE December fl 210116. Viae -Chairman MRolajaayk MOVED ila APHROVE the mcieiing minutcis dalm 111ursday, Ducambelr E, 201( as wni! 1 en. Commissioner Dabrowski SECC )\DED and i t e MCTION CARRIED UNANIMOUSLY 7/0 AG SNDA I ITEM #2 - A UHLIC HE ARING TC RECEIVD CC MlMlB TIS C N C RDINAN C EI Wo A TEXT AMENDME N TI TO THE TC Wl\ C F FOUNTAIN 1111LUS ZONING MAP. IF ADOETED TATE AM ENDMHNTI WC UDT! REZC NE AHPHC XIMA TIEILY 16.5 ACRES AT 13225 N. EA G 1JEJ RIDGE DRIVE (CC HPDRWY ND RESORT), HRO M `110 -9 HUD" TC THD ""C OPHERIWYND HAD" DONING DISTRICT CASE] Z2011-10121 TN cl rlublic hearing opelr.ied al (:32 p. m. Bot Racgers, Dcive1cpmarlt Serviccis D:iraalor, prasanileld a staff rcipor arid a PowerPoint presclr.itat:icin, (Carly is on file) :iri'Ihel Office) of thci Tawn Clark), on the] reclueist filam Copporwynd Resorl for a raacningg is Copplowynd PAD, (Plannck Areia Delvalopmanil, 1hal will allow a major ranovatian anc eixparsion cif 11^e fhoilitieis ila inciludo up to :ICICI holed rooms, acciilional rusilaurarlt space) anc other elnharlcad amanillies. Mr. Racgleirs stalec tis rleplart is a quick ovelniiaw since] the Commission tad alrclady fhrniliarizad themselves mith the] proplcsal anc tllei applicant was prcuidingl an in-caplt prelsenlalion. Mn. Rodgelrs said the] Commissicin is Ielingl askec to reiviaw anc make relcammendalions ari thea PAD arlplicialion. Ttis :is a rleaon:ingl from 1he 111-`I PUD cllassiflciailion. Tlta plraposed "Copplelrwynd PAD" will adopt iIta L-21 zoning classificalian as its base) dislricit teaausci :it's Ire most aplrlrariniate dislnicil That wa clurrant]N have bu 'Nei L- 3 Dis'Iriel doesn't fully covelr whal's t aingl rlraposed. Tha rploposed PAD will rr edify 11•a dislricit ragylaticns so as 10: - Allow up to 19 racros Alar acme up to a ma.Nimum of1214C1 roams roams (L-3 none allows url is 1_'I dooms /aara' . - A]law the] niumarcus aUstomary arlcillaryl uses Ruh as reistauirlanls and ciaf6s wilhoul it regr iremaril 1hal 1heN gest a Special Use Permii. Paga 1 ( 1113 Allow I L ik ing heighils up to 50'(C L rrarrl R -f PUD al lows 4C'; L-31 none aillows 21U) A]low (C% lo'I (ioverage. (1L-21 aarei allows 25%). Rleduae minimum bL ilding saparaitian Io 7'1111-3 zaniei raquiires 10'). - Medusae all build:ingl selbaaks 10 :ICI'(L-21 zaro naquines I rart = 40', dice = 4C' acid Rlaar = (O'). Speaifiaally allow for autdaar ciritartainmeint, musics ar speakers buil also require ecmpliamae wilh thea down's naise ordir.ianae. Allows speeifa inilarnail wayfinding signage plana to b a devclopleid in adc ition to ainy new monurriaml sigris. Allows lha use of a s haired parking mac el wheri ea.lau:lasting thci resart's parking raqu:irameints. Ir.ia1Lced in tlis is in allowanae for an off -sate parking lal if Aiithin Mainlain a minimum afl 15% cif an splaca on the plraperly. Mn. Rccgers said, in addition to aIle PAD, tha aplpllicaW is nagoilialingl a cevcloplmard agrecimant with the Town Council ill^ail will accress a r.iumb ar oft alher issuias aria inciluc as a riumb eir of addit:iar.ial tcirms Bind aoncitions. Mr. Rladgers amplHasiaeid illis is informational only. Tha Clammission is nail reviewing or makingl a reeammencation reigarcing thci Davcilopmeinil Aglreamcir,t Ion:igllt. 71his :irifonnation is jusil being providec ala give an ideia of adcitianal Iopias. Mr. Racglers cisplayed Ila aurreint sites ais :it axists an the ovaileac. Ha statcic 1he projacil is praplaseid to bei eompllelad in thrcia phases. ]Ir.i Phasa I illo aurranit hale] roams will be removad and rciplaiceid with aha nciw 1218-toorri building. This building) will ba talleiri Ilan the axisling buildings (150') and Lrl to five stories cin the narth sidci oflthe ILi.16ng. Rariovalions arca to be coria tci the clubhaLsa will] a possibla "skywalk" silyla connecdion to Ilei naw building]. 7lhis phasa also includes a new SI,8-1C sgLarci foot ar.ie-silary aonf6renae eanteir and airi axparded parking areia on tha south Bind of thea plroparty. This results in tla removal of fdL r of I the 1 enr is ciourl s. Mri. Rodgciris expllainec Plase Ill consists ofla now fiva stary,l 60 -roam tuilcing (50' lall) direat:ly souill of tla clubhaLsci. Thane will also be now parking areas arcialad, prov:icing parking fair bo'lli thci honed 8uesls and the canifleircirica ftic:ilily. 'this row parking will eliminale two manei ofllhe tannis caL lis. Mr. Roc gars describeid what was cisplayed an tha overlaac, "Tha reridenings on the liighl slow thea naw b L ilc ing relail ive to boill­ Ie e existing clubhouse as well as the nam larger hoil eil room b L i lding ar,i Ile north and. YoL shoulc nale that thea site :is steplpling down so the racfllines are at ab aLt thci same level." Mli. Rodgems rriaved on to Phase Ill ari ilha aueirhaad and said iib is an ambiilious phase. ]I1 has iIla view I .12- roorri hate] bLilding conneialing Ile Wase lI bLilding to the aar.ifercinoci cenler which is _I(' nail]. Tle building is furter dawn Iha li:ll aria the liaoflis proposec to ba lardsaaplad so ill, ail gules'ls :iri tha car.itrail building won't be laoking dawni al roaf4top aquipmert. The plarkirgg in Ibis areei is gong aria aIle crivciway gacis undeir the building ainid into a 3 -story garaige thal bas two new tennis tours on the rioofl These 'lannis aaur s will ailso c aublci is ualat parking :fats ifl ylwl an a large eivert raquireis ac c it ional pamkingl. Phasa LI also includes the rcimava;l oflthe lasil oflthe old lennis eaLris wind the explansiar aflilla pool areas, including ai neva casLal dining building loceited poolside. Mr. Rodgems liefcirrec to the ovenheeid reriderings showing the hoileil room building and the top renicarirg shows the ear.if6rcinco eenilar with thci ncivv honed building in 1 he beickgrau nd. After all three phas cis mie campleitei Thera u it l be; ^,1(C rooms, an eNplandeid and reriavaled clLbhouse, a new dining spot, Erplaindeid pools, a riaw conf6renceYlevcir,it ft;icilily, and a parking garages wHal alang will Ile sLrface parking, will provide 347 parking splaicas on site. Mr. Rocglers concludec 11al staff s raeamrnandation is ]hal Ile Nanning anc 21aningl Commissian fdrward ai roccimrrendat:ian to Tamn Clounail la approve the Clapperwync PAD as presented (181afll Hapori anc PowerPainl Infcirmaion is available an line and in the offiae of tha Town Clerk.' Clla:irmari Aralambault askcid the aplpllicanl to comei flarward f6r thein plreisenlalion Page t of 13 Jarc an Rose of the Jlordar. Rasa Law GraL FI PC, it trodu ped hcrosalfl ar c ill-. a t earn of paoplle warkir. g ar 1 he Copperwynd Rcsart cixparision projeial; Elila Hinz, Owner cif lCoppcirwynd Rcsart, Niehael Marcour anc Mark Philp of Allan & PHIpl Partners Archilucdurci aric Irilerior Dcisign, Rori Hilgwi eir.id Casey Wlhilemar oft HilgarlWilson, Dawr.i C artier of C iv'fluah, Nick Labadie, Sunior Plan. er, Rase Law Clraup and Ccpanc Aliizeideih, Ilanc Use Atilcimey, Rlosa Ilaw Gliaup. Ms. Rose said ilhei team has workec vary 1-ard to aamc LFI with a world a:lass plan. Bill Hinz purchased IEe ppioperly iri 20151 anc sinaci If cin, in the last :Cl months, bas invust(ic 6 milliar dollars to rencavailu ilhei Capiricirwynd. The naturei of the sits being X rooms is nal cinough la susilain the 6 million dollar rciriovalion and the car.t:inuiing opleiralion of Cuplrlerwygl . TNei proposed ruvitalizalion plleir is warld class ark luxLlaious. Currently, wu ara in discussions with Kimpllon Mesors. The) ha'Je inlarnational cimperianaa in luxury hospilalill}I praplaries arourc illei world. I1 would be a ggeat aplpartur i'I y to work with a wof c-renawnad I a1 el icer will h sueE accol ac cis t I at wou c f clad L re Coplplarwynd as ane of their signeitura plrcapleries. Ms. Rasci intracLcck the arcahllecatural firm Allan & Philp Peirtnars Archilaatura and lntarior Desai€lni. She gave examplles of their portfolio such as thea Big Horn Galfl Clut and Spa in Ralm Desert, California aric Jloya Spa all Nlonteluicia in Paradise Valley, Arizona. SIE a said ona oft I E e aral ill act s wou:lc ac c ress the cammi ss ion anc sE ara 1 he situ rendar'n€ls. Ms. Rose uxp.lainead Thal in Phase 1 tha gucastrooms axparid to 128 rcaams and JSS parting spaacas will b a ppiovic ead and with full valat a total caf122f1 splaeus, including mectjri€l and banqual splaeca. Irl caorrparison Io cathcr rcasarts iri 11e vallcay the parking Natio is really, gaud here. Thu traffic enginecir is prasunl and avai:lab ca for any questions. Ms. Rose said Phasa II uxparids to 188 gulestraams with :1511 parkin€l spacaes proviced and with hull Na at the spacas increaase to :11. Therea will also bca erplandad ftaa:ililicas for mumlars. In Phase 1111 the caxparsion tabeis ggestrcacams to -ICICI uniils with 3141 parking spacaes arid 44`1 spacies will full] valet. 31h1s includes arnenitias anc imppiovemenls to 1Ee grounds. 31he wcudd class reslaurant remains. Ms. Hasa disp.layec a photo lakcar.i from Sunidge Golf Club caritraarica showing the bcafore and after Coppcirwiynd expansion. She noted Thal there is rio negative visna implacat of 1ha expansicari. Ms. Rosa sak thea expansion WOUld bca posiliva for Founlain Hills. Sha reftlrrcd la an uconamic sluidy of salas lax anc bad lax. Vasil yciar tEa Town of Alountain Hills rciccaivad 51160,00(1 :in annual sales tax revenue genaralead from Coppamiy,nd. W111h thea explansiar, $1,650,000 WOUld bca 8unarailad in salas flax. Ms. Rose said thcra acre a'Jur `ICI signaturas in sLplpor and 30 letlers in support of the project. The Fountain Hills CEamiber oft Commance scud a Iattor supporting 1Ihea projeacl. Ms. Rasa aonaludcid with thanking the staff arid asked tha amchiteat Michaud Marcmix to addrass the aommiss:iari. Mr. M areaux from Allen & Philp Partncros Arahilecdurc anc lnilar'car Dusigri, axplainad :in detail the ncud to maimlair tha irita€lrily ofltha guasl seclL ansa. On the averh aaac prascintaticar.i ha poirit& out what gulesils wou:lc sue imme6alely anaiving on site and bawl tha batik of Eausa was "hiccun" from v:iaw. He is anilifiead areas la ranovata iri circ ur to anhaariea 1Ee ggest explerianaa. One of those arcias is Ile guasl room f.caor plan. '111e talhroom and Eadroom would fhcu the windows I1wiall of glass; in ordar to lake advantage ofltha views. In addition, the elevat:ior.is (tapla8naphy; were ciarefkil N scruliniz& to take advantage ofltha views but also not to take awaN from t1u gLlusl axperienaa. 31his would also allow for gardari suites. Mr. Marcoux desciribad what maaleria:ls wauld to uscc arc where tley will ba placid so IEey ara aeasthaticadly, pleasing regaardle:as wtera 1Ihey ara v:ieawed. Mr. Maraoux saic ore of the defining features and If cavciraal shape of the building is a direct rafleation of the site topography. This will crcaalla an arroyo that wi:l Eueamu uileracliva with gLleast and par of the putfla art fualure. Nr. Marcoux conaludeid and lhankec tha commission. Irl response ]Ica a gUastion Ms. Rosa slalad tha Town's oplan splaca raquiremenl is 151°/. Cloppamiync woulc provide 301/4 open splauca and hava up to a 2-'1% lot covcmagu. 71his is a'Jury mir.iirr.al fbolpririt. Chairman Archambaull aasked for spcaakcua cards acrid Racorcor AaulaWaadward answerad therea ware eighil cards iiacuivad wba warn to speak arid fiflcun that c id riot want to speak and all fifteaeri nolad thay warn far lIhe proposec projecat. Those cards wane from: John Kapinos, Claricae Read, Jennifer DougharN, Gre€I Warlhew, Ka'Jin Kinauk, Chris & Marshalle Curtin, Maryjana Wlhycd, Da'Ja Katcherian, Doris Katcaherian, Nally "71urru, Tad Hlank, Nanay Hill, Jloe Bill, Seth Galdber€l and Muriel Ilipplmar. Page t of 13 Diane W1e:11s, a Foumlaiin Hills w:iriter reisidcir.t, Caplperwync Villa Owner anc member oil thci Cappermiyrad Mesor, said how implresscd sho was w:ilh CapperwNrc's reaenil ranovaliaris. 91-a axprosscid how Ifankhll aha is to Mr. Hinz cine Ms. Nolain for purahais:ingl Capperwyrd arid Having suaf ai bamlifill visicmi. Jay Scihlum, a Fauntain Hills resiccinl and fdrmcir Mallor, thainkec the ciammission for heir serniiciei Io lhci lawn. Mr. 9cihlt m read flrom camrnieints fa sant to the Fat r.itain Hi l hi Cha rnbcm of C amrr erne, sl a i ing, "CoppcirWlync Resort desiras iia earl iriue thair significant invastmenils in Fauntain Hills arid lhls is grleatly eippreciatod bN me and many alhers. Whan I studiec the axparision pllanis 11 was imprasscid with the Eciaitlifill designs anic phasing plain. CaplperWynd Resort & Spa, Flouriisll Ilestaiurarit eir.d ClifilDrryscalei "llennis ail] onsile ara alraacy imporant and bciauiifull assets la our camrrtnil}. 11 aim excilad to wilriess wind continua la support this valuaihle lacal businoss. High quailil) davelopmanls lildci CoppcirWlyrid will dol:iver tax reivanues la lhci "flown of Fountain Hills is ver)important la ouri aommunitias stslair,iaEility. Wf.en groupls and incivicuals slay aind play in Fauritaiin Hills they support our laaally awned ELsincssos Ihroughoul our 'flown arid that i,i mihait wa neailly r,iecid hare. ]I favan working togcithciri to firing us Wlordc.. Class cevcdoplmcirits. 11 is also imiporanl lhal our 11awn staff kecip thea Red Carpcit rallcid oul we.lcomirig smar ainc quaility dme.loprrants and businci,scis inlo Fatr.itaiin Hills, the Greatasl "flown in Iho Wlarld. Also, 11 ward to thank Nou fon yarn serniica and pllciase giva lhis good cons:iceiratiari and approve alis plrojcicl." 9arkai Flt ]pacihova, a lwenly yciar Founlaini Hills resit enl, said she supports 11f ei C aplperwync project aind how mtah she aipprociales thei canunissian's hart miark. Sha hopes wo sae the vision of Bill and Saria's anc )Hal Iho aommissian aippravas ilf is project. Hart Shcia, Goldfield Rarch reisicicint, spoke in faivar of the plrajcial. He said it's ai wanderfull aidd:itior,i to Founla:iri Hills anc it will higflighl all the axpansiar,i laikirigl place in lawr.i. Hci thankcic the cammiissiari and ask ed they approve the plrajeat. Dari Misheiff, Coppcirwynd Vi:llai Owner and Owner of Sunridgci Cainyon Gallf Course, stadec le would like to lhank Hill and Saga bocauso wilhoul therm, "I con't think CoppcirwNric would Eu in oxi,leniae tacaN. 1 ciain'l think of ainolher single ciaonomie engine Thad can ca for the long lerm staHlity of aur camrr,iunity anc the numciraus husinossas airound it. We cannal fire a work class invesilmenl ofllhis maignitucei oil whera any ELsiness wouac nal have ai benclfraiail irripaat. l theink you arid strongly support this pnojacl. Ball's Ionesly inteigrily and passion is as goad ais I have scion in miN -1I0 years." Frec Krian, aighlecir,i Near Clartai Hedla resident, said Caplplorwynd's stcciass :is panamounl to his living) heire. h's ei facil:ily that mu sil bo suppor ivo la ba a suaaessfu:l busineiss. Her said the recent reinavail ions aro greial. Bill aind Sarai's pllair.i givas i1 tha veiry bosl chir.ica to be ei grlowing airid profilaEle dtsiness. Ha aunaatragad the aammission la support 11.a projacl. Tom Boyles, Paracise Valloy rasidenl, sand he has bcirief acid from thirty-fivci Nears it Maricapla CauriiN. Ho said tourism is the numhor anici draw. Founlair,i Hills praEab:l}l has some of the basl real cislale propcirt:ias anc ClapperwNrid is ver)likuly silting ar one oil the bosl proporticis in Founilaiini Hills, ifl riot Maricopai Catrity. He saic tho design is iconic and i1 was aomrnissionec by a :local Founlain Hills rc isidenl. Denise Vcmbeeik, Founlairi Hills resicenl anc Copparwynd member, said sha would like to (hank Bila anic Sara for plunehasing Copplarwynd anc applreiaialas heir invoslmor,it. It will danefit tha whale aammiunily. C l airman Arahambau ll as k od if thane worn any miora raquesl s l a speak and the Meaordem Paiula Wlooc wauid ariswarec lhora ware via miore requ asts. Chairman Arahambaull alosec Ilia HuElia Haaring ail p.m. Rave 4 of 1 ] AGENDA ITEM #?I - CC NSHIE RATIC N OF C RDINA NC IE #17-04 A TEXT AME NUMHN 1 T I THE 'TOWN CFI EC UNTAIN 1111111111S ZONING MAN. IFI ADC PTE D THH AMENDMEN71 WC ULD REAC NH ANPIRIC XIMIATHI Y U.5 ACRES All 13225 N. EAG IIE RIDGE DRIME (CCPNHRWYNII RBSORT) FROM `°R-5 ]BUD" TO THE "CCNPHRWMND PAD" ZONING DISTRICT. CASE A 3011-02 C omm]ssioneir F ainsen commeantud Thea aommissiari has seieiri ill ei parking stuc N but has nal seaein thea 1laaffic sludy. Commissianeir Hansen askec Mr. Rod€lcirs if staff's finding that a l negalivel irrplacats are able to be mitiglailead as less Thar a sigrificianl saved. Mr. Rogers replied yes, staff is reviewing iIFa traffic stucN and lherea alfa some mitigalions being discuissead but wa ane confidear.it they clan be wiorkec out caasily. Cammissionear Dabrcawskl lhankad staffs Mr. Rlodgelrs and Ms. Moore) for wiorldr.ig so diliganlly on this plrojciat and lhankad thea plutlici fan ]Fadi dime] and ]blending thea maeling. S11hea askec Ms. Rosea ala show 1he owivleac phato showni plreiviauisly. Commissioner Datlaowski thankad the) anchitual, Mn. Philp and his team for bringing such a beau'liful deisigrl. Shea slaileid, "Ill's wondemfill Ila seaei a local residanl IIMr. PHIrl', so pessionalely involvcad in aLla c iamrriurri 1 y." Ms. Labrowskl thankeic Bill and Sara's decication ilo the ccamrnuinily„ wheathur it's ffam Dark Sky, €lenaialing tai] roverice anc oveuaa:ll glnaal Alar icipailas in th(i ciomrr.iunily,. C ommissicanear Dabrawski asked if C apperwygc would rearriain opeari during tha renovatiarl. Ms. Rlosei napliead 1hal C apperwync would remain apen during the renaavalion. Ms. Dabrowski expreassud caoncearn on behalf cafl some aommissionems regarding the intcgrily aflthea ilennis ciao its L scad for parking. Ms. Dat row ski ask ed Mr. Rac gers aaboul the Ac caro C anN an construciti an 1 inial ine. Mr. Rlodgems said only threaa plarcaals ares undear aonslnici'lion 11parcaa]s 11, 7 & FI) and thea prajecit wi:] aonlinLa far the neaxit teri Neaars. Ms. Dat nowski asked Ms. Rasa abaut 1Fa lax irrip]icialions 10 1he town al the len year mark anic what are toll' do]har aimaL nits ail each phases. Ms. Rose saic 11Fa :I .E'1 million is projeac ead ait thea build out ofltha :1(1(11 rooms, and her firm care plravica )hes I ax t reakdown by phascis . Vice -Chairman M kah Uiyk askec at auit wF eire 'lhe valet panking woulc be lcaaaled. Dawn Cairier, frorri CivTach, axplainiead the pzuaking slLdy is ciampilead using a fLl: aacLplancay maca. The hale] an'licipales anc krawis wieill in advaracea when thea hale] will be al full] ocacLpanay. This plan allows 1he hated tea swilcF guar 24 hoLrs in advaniae to a full valel. In aiddilion 10 thea teinnis ccaLrs i1e einlirea ]oil and garage would bei uisead for valcl. Full valeat parking allows far operational cifffaiciricN. Me cans can bei stackead, parked side tN sidea, Feahinac each othear and pankec clasar logelheir. Thu valent operaolars put a pllani tcaglelher for efficiency. In rusplcarisea to V:icie-Chainmain Miko:IajC2ayk Ms.Cartier ciar.ifirmed IFeire awe :147 reagular parking space's availat le in Phasca 11 1. Page 5 of 13 Vica-Chairrrani Mikolagcayk askec haw taus that campare to the formula) the) town requ:ins undtm iia c iu rren d coning. Ms. Cartier answered it plra-v iclas mora ill- an the one space per I oted roam that is aurrenlly requ ired 11 N th e town. This is a sharec spalae satnalria so lhey halve aecounled for the time cif lda) pefoplle park fcir Illa toted foorri ant Iha lime of clay peaplle park for the otheir fitcil:ilicfs. glhe parking rape us& is cons:islenl with the IT Parking Genaralion Manual. Vicie-Cha:innein Mikalajcayk asked atoul the formula usec to calculate park:ir.g fcir the SI,00(I sq. ft. conference center. Ms. Carlier said 10 spaces peen 1,00(l sq. ft. wh.iah :is 1 per 1((I. We woulc typical expect people wau ld slay al the hole:l who wiauld altenc Ila conftireriae eemler. Vies-Chairmari M kolagcayk asked abaul Ilia publici art requ iremenl and the menlion ofla chapel. Ms Rose sa:ic If plubla arl raquiramant is naauded in the development zi�lreement and wiauld r,iecfd to be presanlad and approved by tllie lawn alt a later dale. The art requirement providec wiaulc Ea open Va the public. I1 eoulc irlcauce the chapel alnd/au other arl adamants thal meet the 1% lhieshold. It is alt the' towns c iscret:ian. Clomm ssicfr.er Jlones askec Ms. Carlitlr if plairking on Hagle Ridge Drive was inciluced in the parking study. Conunissicfriefr Jlones cammanted abou'l the retard Caplperwynd apen house) where eitilandanca was sa successful aillencefes resorted to park on Hagle Midpla Drive. There arra eonctlms regarcing parking on silt. Ms. Cafliclr said that Hagle Ridge Driva was noel ineluced in the study because of Ilia caricern fcuf the bike ]anti. The leam was able to aaaounil for mare parking on sale zinc also by using Ilia valtfl plan. Club members were lakari into acciaurc On a lypical day, )hart) woulc be spats for masil rnemibers. "Ilhe center parking area is Qare most members plark. '➢he SIludy also took inla aecourit if membership would in(ireastl. Clomrnissianer Dempster aamrrienlad the plain is exciting and would ba wont elrful fdr Founlain Hills. She asked whore is thea emplloycla parking area. Ms. Clavier said the employee parking on sile was ealaulated in this study. Also, thane was ciscussian Ilial timiployeas cioulc park cffflsile and be shuttick to lhti prop arty. Cammissioner Owens asked Mr. Racgers," is it the recommencaitian la mava farwiard allowing ariaillary u seas :ir allowing the nezariing wiilhaul a sp aciaa usti parmit." Mr. Rodgars said the recommendation is to move farward willhaul the requirtlment of la special use parmil. There are a numbar of ancillary uses That €la wiill resovs such as reslauralrits, bars and aafcls requir rig a splaciial parmil far tacit once would be cfuerkii]l when we are approving the ovarall pacikaga. Commissioner Owers commen1cld on the set back rucluclions fhom tem feel ila seven feat. Mr. Clwers eMpressec concern about flrci spread and public safeily access. He askeid ifl this was taken inila cansiclaralion where making the recuclions. Mr. Rocaers said it was his understanding the fire code cialales six Mel sa the seven ftiel is will within Ile requireirrianil. All the residenlial districls have a minimal seplalralion requirement of si) ftial. Mr. Rladgens said Ne had noel heart it was a concern from the fira ceparlmant. Page 6of 13 Chairmar ArchambaLIt commcantcac thail ill- a curranil acarsing is R-5, PUD. Hca asked Mr. Racgers to explain ila the ciarrunission what ;is a PAD, IlPlanncd Arcaa Devcilopment) and PUD,11Plannad Usti Dcvelapmenil,. Mr. Rodgers solid thea R-3 aoninfl was allawead far the Conccam'niums. Thea PUD part allovuec for the Iaesort. TNci PAD : s a new zoning c istricall. Chainmani Archambault askcac abaLt why thea currant zoning is nal usck and 'f thea PUD shoulc be tweaked. Mr. Rodplars said thea PUD only allows to caaking far a few things. Thea PUD was dcsignck becaausca the csondos anc rcascart name in as a pa6agca. Wlca are looking at jusil 'lhci rasor now. Chairman Archambault asked about thea traffic impact arid how ill miglht also 'mpaeil thea galawaN to ilhea prescirve. Ms. Carlicua said after finishing the parking study staff exprasscac the need for additional parking) clumar.d. CivTach hac dialogue with Bill and Sara about slhe raecad far ac6ilional orsitc plarking and for ill not la spila onto Eagle Rldgca Drivca. On the ftaffic study side we cid nal saca a :lat of impacats cuaeatcic from the site. 'Re one area that necided further iravestigaticin vias the intarsaclion of Pailisadcas Blvd. and Eagle Ridge Drive intcuascutliona. 'Hhcay found civentually a traffics light would ncied ilc1 be'ristalled at this intcirsecaticara because of the Acero Canycirs projeal Bind the Copperwynd expansion. They agrcied to sl-arci irs the cost cifl some affsitci irriprovcamenls to be installcad. Tlhis woulc de the installation of the boxi & cciradul L r.iderglround. Chairman Archaimt aull asked what park ing woulc laak like at the complcatca builc out and 83% cicaupanay of thci =ICICI reams. Ms. Carticir said the 83% micaLId I ci lower thari whalt she is quoiling. At thea plaak plarkinagl c camand in plhase I is 1?ISI park'nq spaces and the traaciilionail parking splacas provicad are 199.'lhesca numbers inciluded the efflaiercy of valet parking. Ir Phase II thci ncaec is for IC14 park'ngl spaces will: :1511 plarking spaccis pravicl ad. In Phasci 11111 the necid is far 2134 parking spaccas with 347 parking spaaccas providec pllus thea caplt'cari oflthci addilionail 4CI on the tennis courts. ' the acatuaal parklna spacaes plrcivicl ad well e�ieacaed what thea stL dy Iaeaommoric s. In rcasplonse to Chairman Arcihambault Ms. Rosca caanfirmed thea ilcawn waulc have thca aua.ilaat ility to tweak thca park'rag in thea Devealoplmcand Agreemerd. Chairman Areflarriraull asked whail model was usec for thca statcmcarat of rcavenaua. Ms. Rasa said Ilse sales tax first ilEcan addcac tha bcac tax on lop. We arnliaipaale a len time inclaeasa by the I i mea 2100 t cads arca rcaacah ed. Cammissioncar llaabrowski askec Mr. Rocgars about the current height of thea structures Mr. Radgelas said tha caLirrenl hcaighl ofl ihca building ;is about forty feed arae Ilse single silcaryl parking silructurca will be no mora lhari fifty feel. Chairman Archambault suggcasled Ilial alcar.ig wiilh the motion, today's mcaeting rnriutcas de forwaradec to aounacail so they caro rcavicaw what quiesticaras were askec by thea Planning] aril 2onirig Comm'ssicana. Commissioner Dabrowski MCVE11 to forwsard a reaommericaation tca Town Council to approve Ilse propcscad Cclpperwyric HAD rezoning as ppsasenlec with Ilse addition cif the rraacatingl minutes providec to tha 'flown Counail. V;icae-Chairman Mikcllajcayk SBCCNDED and the IVMCIRON CARRIFU UNAr IMIC USDY 7/0. Page 7 of I t AGHNDA ITEM #4 - HUHIIIC HEARING OH 0 RDINANCH #17-03 AMIDI\ DING THH FOUNTAIN HILLS ZONING C RDINANCH CHAPTHR 25 BY ADDING A NHW SECTION 25.03 TO ALLOW SECOND -STORY AND ABCVH RESIDENTIAL DWELLING UNITS AS PHRMITTEI] USES WITHIN THD DOWNTOWN ENTERTAINMENT OVERLAY DISTRICT CASE #Z17-01 Camm:issiariar Ilcmplsilcar apenod the Pub:lia Hearing al 8:00 pl.mi. Mn. Rlodgems addressed Ila ciommissiar.i regarding the rosicitr.it:ial in the Downtamn Overlay. Mr. Rocgers said currently, resicanilial uses Eire allowec in the ciommerciiail distrials only by Special Use Parmil. Ordiriance 1 Y-03 will amierk tho Downilawr.i Enlerla:inmeir.it OvcirlaN Districl regullatier.as in CLaplar 2151 of thea coning Orcinarice to allow seciond silery zinc above nesidontia:I uisas, EN right rather thein requiring a Special Usa Permit. Mr. Rlodgers explained the couiricil has indicialad that they woulc :likes Ila miaka iil ciasicir to Nava manes pleiopla livci in ane auaound iho down'lawn arca. `Oho thcaughl is that allowing for a mix ofluses ty rlighll mighl haslan the dciueloprrianil ofluacianil parciels downilawn ar.d aria help the businassas ifl rosidonts IN clmc E N. Mr. Rladgcros laic the upper Haar residenlial uism arca allowed in the TCC LI a:lneady (the south side ofl Ea Auenuici) so this wou:lc make the ragulalions on boilh sicas afllhe Avenue afltht Foumdains and rcisl of downilawii the same. Upper Floors ara approved by right but firsll flacuas slill need a "lIpacial Usti Parmil. Thea reason first floors arca noel parl ofIIhe amendment is tho aoricern that in llhe long run it may bei more desiratle ilea I aepl the first floors as coimaruial uscis in orcar no'l Ica lose ileo mucih of the ciommcuicial praplary baso iri downtown. Mr. Rcacgers want ori to say illat the uamrrerciial pllaoperlits within the damiritown ovtidaN are llhe mast ideal fkir this usa. 'Ilhis scienario would probab:IN riat work well in ail;l ciommaiicial dislniuts sineae thare woulc bo some unirilencod eionsecluiancias; Apartmonlls bring fbrriilies. Many of the cammaercial areas area viol uor.iduuive to kic s playing Soma comrr oreial areas have noisy issuas and or ]oils of truck alraffica car any nurribar of calher altracilive nuisanocas. M1. Rodgers said the ralionale tahirad:uisl proposing the dawnlown aroa is that pooplo will know what thay are buying into, ani acilivo downalawr.a atoa. Thcana sh could to ne emplacatalicaris ofllim Ied busincass hours or quint neighbonccaads. In carac:Iusion Mr. Rlodgcars sac staftlraucammienc s that this arrieandmanl bo caonsic carad as ami :initial salcap and dapenicing on how sucaccassful this is, in tha failure olher art as cauild to caonsidared for inclusion anc thail ilea Commission fbmiard a locammencalion to Town Council to applrave Ordiriancae '17-03 as presented. Cammissicarier Derripsler askcad ifl llhera werca any recluiasts to speak and the Roecarder Paula Wloodwald answercad lhcrea ware no requests. Commiss:icar.ier Dearripsler closed tha Public Heariirig at 8:04 p.m. AGHI\ DA ITHM All - CO 1\ c IDERATIC N OR ORDIINANCE A117 -02I AMIENDING THE FO UNTAI)\ HILLS ZONING ORDINANCE CHAPTHR 25 BY ADDING A N DVN SECTIC N 25.03 TO ALLOW SECC ND -STORY AND ABCVB RE SIDENTIAL WHILING UNITS Ali PDRMITTHII USES WITHIN THE DOWNTOWN HIS TERTAINMIENT C VF1"A Y DISTRICT. CAS E # 2117-01 Camrnissionor Datrowski cammaenllcad 1hal ona ofl the cahalltrages hoarc flomi ilia local businesses is rtgarcing fdlks who work in lama to also lice in town. Shea said she was in fhvor becaause this woullc allow fcm ploop:la to liva and m cork within walking c islancae. Commiss:iar.aer Hansen asked f r cdarifrcaalion belwoeri 'll- o Hntortainmenl Ovanlay, Elislricat and tha P;lannad "IIhapp irig P;laaa Overlay. Mn. Dodgers replliad'Rho Plannec Slopping Plaza Overlay is an old dosignaticin 11al was part afltha Plat 208 shopping cistricil. I1 is nol part afllhe Downtown Overlay. Page 8 of 13 In nasponse -Ica Chairmar Ar4arribault Mr. Rocglears said iha Ecamilinigl allay is thea only C wiltin i1e cowntcawr ovarlaN dislricat. KelleN's Awcamolliva RuplaIr :is in a C-2 zcar.iing. Chairman ArcEamiEau:ll axprussad concaerri about whall type of ccamrrercakil Eusinuss would ba aillowec balow a seacric slcaryl rusider.iae and their implacl on fEimilies. Mr. Rocgler said that typiceilly thasa typos ofltsus wauild not have rasidanlial Acave. A resicenliail abovea with a cammaraial baiow miouild be ncav<i builds. lhu maximum Eeighl woulc ba fkarty fleas, ilhfeca levals. Vica-Chairman Mikohijaayk askec ifl tha TCCE, (Icawr Ccaritar Commercial 2or.iing Eistrial' allows nesic onl hil. Mr. Rocgars said tha rules was ]d be thu samca for thu '11CCD as 1E ey aro fEar the Downtown Overl, iy. Chairman ArahambaLEl askec does 1he aillowad aighl dwelling unils maiximum per acro raslriatican apply ala uac& lot in proporlioni'la i1air aarcaagca site. Mr. Rodgers said ffail most ofllhe lots downilcawiri are .2A,000 square fuel or lass wh:iah woulc be aboul oris to two Lriils. Consolidaticari oftlols woulc change that amcaunt. A Iwca f aan building with aornmorciial E of caw :i1 wcaL ]d E e aboul uighl L riiil s. Chairman AraharnbaL 11 askad haw many units play acro is al Parkr laae. Mn. Rodgurs said twenty,-faua Lr.iiils. Commissioner Elamplsilor caommcaritec sEe likead tho walk EiEility this plrovicas arid how This is in liria with thea tuabani living) iInand. Ccammissioner Owers askec aEaut parking plans. Mr. Rckgers laic no parking sludy was aonduatac. Exisling parking is avaiilabla lhroughcaLl pllal 308. CEa:irmar.i Ar&.arrbault askec iflPartFllaae used any ofplal 308 as part ofthair parking reqs iremerits. Mr. R odgans saic Parkplaaa die nal Liu any of pllal .ICI8 as pail c&ff uin parking roquinarraonl. Commiss:icar.ier Jonas MOVED 10 forward a raccammandalion to 11awri Counail to approva tha proplasud teat amendmerits ilea Chaiptur 25 oflthu Zoning) Ordir.iancia rulaiting to rusidantial usas being plarmitled ini IE a Downtown HntartEiinmionl Cluarlay Disilnial as presaritec. Chairman ArahambaLlil SECCNDEID and i1e MOTION CARRIED UNANIMOLI1ILIY 7jiCI AG EINIIA ITEM #E - PIUBLIC HHARING TO RE CE IME CC NIMENTS ON A HROPIC 9E II SPECIAL USE PERMIT TC ALLC W CUSTOM SOLAR G OUR CAR ASSEMEIDY AND SAI E S AT 11FCI5 EAST SAGUARO BOULEMARI] LOCATED IN THE "C-2-INTERMEBIATH CO MMERCIAIII" ZONING DISTRICT. CASH #SU 2016- CIS C hairman Arah=baull opcar,ied tho PuE l is Haariir gI at 8:11 p.m. Ms. Moora addressee tha ciamrnission and Sava a PawicarPainil presuntat:ictn. (Copy is on fila in ilia Officio of tha 'flown Clunk.; Ms. Moora axp:lairiod 9 --NAP Galf Cars is glolfl sales anc asseribl) Easir,iess that conveils tradiilional golf sans to solar plawar vuhicdes and mslomiaes 1Ea tcacy & pails. Thay ane recluesting to move :into onca tr.iiil (gllaund f cacti( cifl ai currcar.t cammaerciial building) locatcac at ] ]E05 N. SagLlaro Blvd., in a C-3 :iritermcciale ciammereial aonirgl cistria1. Tha Easiness wauld hEiuu salus and display areas for 1he glalf oars as wall as ari assembly arca and silaragea for golf pars arid solain batlarius. Ms. Moora reaferuncicad the ovorhaaid to show the businuss locia'lion anc it's nalailion to the community lhuater, aula raplain business, FHSD warehouse anc ma ]ti-famil} housirg. Thu C-2 dislriet rugulailions are iri Chaplur ]3 of thea Faurrlain Hills 2aning Ordineincas. Ms. Mooru rufkrred to CEaplur 1]AS JI'IEail lighl assembly and sloragla in the C-3 zariing dislricl is allowed with a SUP anc must Ee approuad Ey the Tci%Ar.i Page 9 of 13 Council bLI thore alei ciondil ions with this Iypa aflLsa. The conditions ara Ihal any as9amtly or slorage arcias associmad willi assarrHy eiclivilia9 shall not accLpy mare illan fifty parcar.it of ericdasad builcing space Lscid f✓ar tha business. Thare stall bei no uses aft hazardous materials invalvec in tha als9mrnitly opemailion. In addition to IigH assamblle and storage, now anc useic auilamoEilci, including outside displaN area, prca,,idec all sellas and repair acilivitieis area condueled Nvitt in a 1:61cing. Ms. Mamie concluceld wii1 rclaommanding approval of a Spacial Use Permit 10 allow light assemb:l}l and storage with sliplLilatians cu llinec in nisei slafflreplart. Chairman ArchambaLlt askad if thare wara ary rclquesls la speak anic elle Recorder Paula Woodward answercld Iherei ware no reqs eists. Chainrian Archambaull cdosec lit elpublic hearing al El: 17 p.m. AGENDA ITEM #1 - CONSIIIHRATION OFl A IIROHOSED SPECIAL USE PERMIT TOl ALI] OW CUSTC M SO L AR GO LF C AR A SSHMBLY AND SALES AT 11 (CH EAST SAG UAR BOULEVARD LCCATHD IN THE "'C-3-1N'DHRMEDIATE COMMHRCIAL" ZONING DISTRI CIL CAST~ #SU 3016-05 Commiss ariar Dempstem askeid for confirmalion titan the repairs area perfbrrraeld inside 1te liLil6ng anly. She askad if ill tNeire wotId bei now car and usec car saleis in addition 10 tha golf ealr salas. She also askod if lherei is rosidenlial in this building. Ms. Moorei ear.iflrrr,ec all replairs wcaulc be nsicei and that cantly galf earls (vehicilos; woulc bci ftm sale. Sha said there is na residenlial usec in tha building. Vico-Chairman Mikolajczyk askec is lhera a replart catail ofEa'lleries and malerials Lsed 10 ansure tNa rio taaardoL s wastes stipulations ane meat. Ms. Moora saic 6seussicaris took place through meolings with the fires mansfal and llte applieanls. Clarifieat:ians were c afiniod sa it is cloar wt at is riot allowec . Chairrran Archambault aiskec aboul parking recluiremerils anc the chain link ftnea aurrcntly araund the propler y . Ms. Moore erpllainec a sitei plan was createc showing parking as :ifl INei site was at f,111 build cant. Whethem the chain link fbncae is reirria-vec car reimains :is not a problerr. However Ira gates wouac cava to reirrair.i open for public acacoss. Chairman ArahamibauIll asked about fire sprinkler details. Ms. Moores said she just received a :latleu- from illiei arollitael and i1 appears it may meat to an issua to sprinkku than part oll Ifa building for that pariciular usec. 71re applicarit would still naad la obseruae 1te stipulations and meet the Fina M arshalls 1 aquiramenil s. On Chairman Archambault's request, Ms. Macrae reiviewed the staff silipulations :listac in tNa agenda action fbrm in the encdosec packel. Ms. Moura aar.iflrmied that a11:1 the stipulaticaris must to miet in bafora 1 hal t L s iness t agi ris to operal e. Comm ssariar Clwers asked about the non-compllianca second floor resideniae. Ms. Mcare said thea non-complianeo rasideirica is riot par of thea applioalion anc is plataritially teing adclassed under a ciffalenl special Lsea perm'I. Tfa owner is r.ao langal living a1 thea silo. Ha has applied for a special Lsci p eirmit buil ilhal aplplioation is currearitIN on hole. Page 10 ofl 13 C amrriissioncir Dat liowski askec aN out thci haL rs of aperaitians. Thci alplicalri slailad thci haLlis wou:lc Nei Monday lhrou€11- Fricay whir haLrs 9:(1(1 a.m. to 3:(10 F.m. Commissiariar DaNliowski requeistad to rciview storage and d:isFasal ofllhe ocimponcinls Ncifbra this iteim goers 'la caLr,ici1. Cammissioncm Jonas asked is i1he enlira floor sprink.lad cm just a Feircionllaga. Ms. Moore said 1hal1 sra would review ilia latlar racaivad prior to the meal irigi anc 1he slipLlaliaris slat theft anyhing '11- a firs marshal requires waL Id r.ioed iia N a addrassad. Commissioner Jonas MOVED to f6miard ai raocimrnandaitiar.i to 'flown CoL rich] to aipprova ill• ei F raposec Spaoial Usti Permit to allow ciustom galf clan assambly wind 9alcis a1 1 1(05 Norih Sagulara Blvd., laoaled in the "C-2 Inlarmiediaila Comrriarcial" 2ianing dislricit, sLhjcic'1 10 tra stipulatiari9 raccmnuranceid bN slafflas aLtlined in the slaffl repart. Commissioneir Owers SECCNDHI7 and the MCTION CARRIED UNANIMO USITY 7/CI. AGENDA FIRM #181 - BUBILICI BEA14ING TO RECEIVE COMMENTS CN A HROBOSEII SPECIAL USE PHRMIT TC ALI IC W A SINGLH FAMILY RESIDBNTIAI DWELLING Ur\ IT AT 11681C1 D. EL BUBBLC BOULEVARD LOCIATHTI IN THD ""C -C — COMMO CCMMBRCIIAL" ZONING DISTRICIT CASH #SU 21CI17 0 Clha:irmain ArcihambaLIt opcined the PuNlici Hear'n�l a1 8:27 p.m. Ms. Moora gave a PawarPoinl preisarrlatian (Call}I is ori file in the OflfLoe aflthei 3lawri Clark; rcifbrancing Dennis 9ypkeris, applicant, who is racluesting la laaale a siriFlla-fhmil}l resicenoa ori the second flaor afla twa silaryl camrrieroial building laoaled in ilra C -CI Clamrrion Camrriaroia] Zoning District. gra cascribed what was on the ovarread mall, "Tha buildirig fronts a padding lot to tha ciast and an unramec allay to thci wast. Thci Acobe Wine and Iliquar store and'IlEe Hills Piazaria aNaLt Ira prallarN to lhci south and tha Das art Creak Fall aws N ip to the nor? h. This prollarty has 1: ear.i vacar,it fbr sav eral y airs. Tlhero ara ourrar,itly saveral vacant paroels in the sLniounding arca." The C -C cistricil regOalions are oonlaineid in Crapler '2 afl the Zariing Or6nanca. Pursuanl 10 Seotian 1103.1F, in ordcm a single-fhmily resicancia in 111a C -C Zaniing Districrl, a 9llacial Use Pam-dil must Nci approvad EN 1he Tawn Courioil. Ms. Moara saic Tanighl's reaming is to rciquest Thal tha Planning & 21ar.ing Clammissior consider forwarding a fhvoraHa reoommericailion la thci Town Cauncil 10 alprove this raquesil. Sac1ion 2.(12.D afl Ire 21oning Ordir.ianoe aut]incu the kay aritcmia that should ba aar,isidcmad I:y 1ha Cam mission curir9 yaLr dalih eratians. 11heN ame: 1. Any 'I'll acial Cari6ilions Thal inflL ancia 1he looailion 1 'Wl athar any new bu:ild:irigs or o4 ar imf ravamanls ara Ipioposed 3. Traffio 4. Any nellalive it fluences on adjoining Ilrallw ies 5. No datri mar.its to 1 he F L h lic haall h, saifbl y , pclau ia, ar com for to 1 ha proparl ices in 1 h e immadiata area ar iia 1r a gerioral welfare of the town a1'Iargci. Ifl111a Cammission da1arrnines (hail lrosa fhcilars ara sailisfhotorily addrassiad ilia Clammiissiani should f6miard a racommandatiari to appraue tha Spcicial Usa Aannil. If tha Clamrnissiion delarmiircis than tha fhators are not all sail isfhatorily mai thay maN raoommeric '111a1 111a Clounail altaoh addiliarial st:ipulalions 10 thair apt raual. Ou tha Cammission maN reaommenc denial. IfltheN reoommeric derial, the Commission 9laulc noila the spaaifia raasaris for tha racammienc eiticin in arc or that Council can fiILIN civa]La1ei the reoommcir.daliari. Page 11 of' I ] Ms. Moore concluded by saying that staff recommends that the Commission forward a recommendation to Town Council to approve the Special Use Permit to allow a single-family residence on the second floor or the commercial building located at 16810 East El Pueblo Boulevard, subject to the stipulations outlined in the staff report. Chairman Archambault asked if there were any requests to speak and the Recorder Paula Woodward answered there were no requests. Chairman Archambault Closed the Public Hearing at 8:30p.m. 02 Vice -Chairman Mikolajczyk MOVED to forward a recommendation to Town Council to approve the Proposed Special Use Permit to allow a single-family residence at 16810 E. EI Pueblo Blvd., located in the "C -C- Common Commercial' zoning district, subject to the stipulations recommended by staff as outlined in the staff report. Commissioner Dempster SECONDED and the MOTION CARRIED UNANIMOUSLY 7/0. AGENDA ITEM #10 -COMMISSION DISCUSSION/REOUEST FOR RESEARCH TO STAFF Items listed below are related only to the propriety of (i) placing items on a future agenda far action or (ni) directing staff to conductfurther research and report back to the Commission. None AGENDA ITEM #I1 - SUMMARY OF COMMISSION REQUESTS FROM DEVELOPMENT SERVICES DIRECTOR. None AGENDA ITEM #12- REPORT FROM DEVELOPMENT SERVICES DIRECTOR Mr. Rodgers said the Copperwynd PAD is on the council agenda next week, Thursday, March 16, 2017. AGENDA ITEM #13 - ADJOURNMENT Commissioner Dabrowski MOVED to adjourn the meeting at 8:37 p.m. and Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY. FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: airman Mike Archambault ATTEST: lyoua U)4WPaula Woodward, Executive Assistant Page 12 of 13 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 9th day of March, 2017 in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. 1 further certify that the meeting was duly called and that a quonun was prese +a,L Paula Woodward, Executive Assistant Page 13 of] 3 ININ't TOWN OF FOUNTAIN HILLS z n TOWN COUNCIL I'll AGENDA ACTION FORM Vt -.1116,11 �z 6.11 Is Meeting Date: 4/612017 Agenda Type: Regular Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; crudolphya@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION 2017-09 approving the Axnended and Restated Financial Policies dated April b, 2017. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Town's first Investment/Cash Management Policy was adopted on September 23, 1996. That policy was amended and restated by Resolution 2010-21 on December 2, 2010. The 2010 policy was written to provide more protection to the Town's investments by only permitting investments in government backed securities as a result of some losses incurred by the State Treasurer's Local Government Investment Pool (LGIP). The current interest rate environment has seen interest rates of below 1 % for a number of years. The proposed Amended and Restated Financial Policies is written to incorporate the investment policy and allow more flexability for the Town in the types of investments permitted. The proposed Amended and Restated Financial Policies is in accordance with current State statutes as outlined in Title 35, Chapter2, Article 2.1. While expanding the types of investments, the Policy still follows the principles of safety, liquidity and yield, in that order of priority. The proposed Amended and Restated Financial Policies addition has been reviewed by our current investment managers, PFM Investments, as well as our current financial advisor, Wedbush. The proposed Policy was drafted using the 'nest practice' guidelines of the Government Finance Officers Association (GFOA) as well as the Association of Public Treasurers of the United States & Canada (APT US&C), It is my intent to submit the adapted Policy to the APT US&C for their review and certification. Risk Analysis (options or alternatives with implications): The Town could retain the current permitted investments which will limit the investment earnings to those received from government backed securites. Page i of 2 Fiscal Impact (initial and ongoing costs; budget status): Potential increase in investment earnings. 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): SUGGESTED MOTION (for Council use): Approve RESOLUTION 2017-09 Prepared by: DirectorA Approval Craig Rudolppy, Finance Directof / 3/28/2017 App":: 4 .� Grady E. Miller, r o M ager 3/28/2017 Page 2 of 2 RESOLUTION 2017-09 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES, AMENDED AND RESTATED APRIL 6, 2017. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Resolution No. 2003-14, adopting the Town of Fountain Hills Financial Policies (the "Original Financial Policies") to establish the framework for fiscal planning and management; and WHEREAS, pursuant to Resolution No. 2003-50, the Original Financial Policies were amended on August 21, 2003 (the "2003 Amended Financial Policies") to include the Town's debt policy as reserved under the Original Financial Policies; and WHEREAS, pursuant to Resolution No. 2009-05, the 2003 Amended Financial Policies were amended and restated on June 18, 2009 (the "2009 Amended Financial Policies") to incorporate Rainy Day Fund procedures and to make other technical corrections; and WHEREAS, pursuant to Resolution No. 2010-16, the 2009 Amended Financial Policies were amended on June 17, 2010 (the "2010 Amended Financial Policies") to modify the sales tax revenues allocation for the Capital Projects Fund; and WHEREAS, pursuant to Resolution No. 2012-02, the 2010 Amended Financial Policies were amended and restated on June 7, 2012 (the "2012 Amended Financial Policies") to adopt financial policies consistent with, and to implement, Governmental Accounting Standards Board Statement 54 ("GASB 54") requirements; and WHEREAS, pursuant to Resolution 2015-08, the 2012 Amended Financial Policies were amended and restated on March 19, 2015 (the "2015 Amended Financial Policies") to incorporate the Town's separate cash handling policies and to update certain provisions of the Town's debt policy; and WHEREAS, pursuant to Resolution 2016-31, the 2015 Amended Financial Policies were amended and restated on November 17, 2016 (the "2016 Amended Financial Policies") to clarify the time requirement in which to: (i) transfer excess revenues collected over budgeted and unexpended appropriations from the General Fund to the Capital Projects Fund; and (ii) establish the Town Council's budget adoption as the expression of its intent to commit fund balances for the purpose of GASB 54; and WHEREAS, the Town Council desires to further amend the 2016 Amended Financial Policies to add a new Chapter 10, Investment/Cash Management Policy and to make other technical corrections. 2913498.1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The document known as Town of Fountain Hills Financial Policies, Amended and Restated April 6, 2017 (the "2017 Amended and Restated Financial Policies") is hereby adopted in substantially the form and substance attached hereto in Exhibit A and incorporated herein by reference. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, April 6, 2017. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2913498.1 2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2017-09 [2017 Amended and Restated Financial Policies] See following pages. 2913498.1 TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES Amended and Restated April 6, 2017 2909518.2 Table of Contents I. INTRODUCTION.............................................................................................................. 1 II. OVERALL GOALS............................................................................................................ 1 2.1 Fiscal Conservatism.................................................................................................. 1 2.2 Maintaining Bond Rating.......................................................................................... 1 2.3 Stability..................................................................................................................... 1 2.4 Delivering Quality Services...................................................................................... 1 IIl. FUND BALANCE.............................................................................................................. 1 3.1 Fund Balance Categories.......................................................................................... 2 3.2 General Fund............................................................................................................. 3 3.3 Special Revenue Funds............................................................................................. 6 3.4 Debt Service Funds................................................................................................... 6 3.5 Capital Projects Fund................................................................................................ 6 IV. FINANCIAL PLANNING.................................................................................................. 7 4.1 Budget Adoption....................................................................................................... 7 4.2 Budget Preparation.................................................................................................... 7 4.3 Operating Budget...................................................................................................... 7 4.4 Revenue Sources....................................................................................................... 7 4.5 Revenue Estimate...................................................................................................... 8 4.6 Staffing......................................................................................................................8 4.7 Budget Preparation Schedule.................................................................................... 8 4.8 Performance Measurement....................................................................................... 8 4.9 Efficiency Analysis................................................................................................... 8 4.10 Department Responsibility........................................................................................ 8 4.11 Quarterly Report ....................................................................................................... 8 4.12 Deficit....................................................................................................................... 8 V. EXPENDITURE CONTROL............................................................................................. 8 5.1 Budgeted Expenditures............................................................................................. 8 5.2 Purchasing System and Policies................................................................................ 9 5.3 Internal Controls....................................................................................................... 9 5.4 State Expenditure Limit............................................................................................ 9 5.5 Capitalized Assets..................................................................................................... 9 VI. REVENUES AND COLLECTIONS.................................................................................. 9 6.1 Balanced Revenue Base............................................................................................ 9 6.2 Stable Revenue Base................................................................................................. 9 6.3 Monitoring Collection............................................................................................... 9 6.4 Intergovernmental Aid............................................................................................ 10 6.5 Cost Recovery......................................................................................................... 10 6.6 Growth Revenues.................................................................................................... 10 VII. USER FEE COST RECOVERY...................................................................................... 10 7.1 Establishing Fees.................................................................................................... 10 7.2 Recalculation...........................................................................................................10 VIII. CASH HANDLING POLICY.......................................................................................... 10 8.1 Individual Responsibilities...................................................................................... 11 8.2 Establishing Cash Handling Sites........................................................................... 11 2909518.2 IX Kq 2909518.2 8.3 Procedures for Cash Collection.............................................................................. 11 8.4 Receipts...................................................................................................................12 8.5 Cash Received in Person......................................................................................... 13 8.6 Cash Received Through the Mail........................................................................... 15 8.7 Check Acceptance................................................................................................... 15 8.8 Credit Card Acceptance.......................................................................................... 17 8.9 Balancing of Cash Receipts.................................................................................... 17 8.10 Cash Over & Short .................................................................................................. 18 8.11 Returned Check Procedures.................................................................................... 19 8.12 Preparation of Deposits (performed by the Finance Division) ............................... 20 8.13 Exceptions to Cash Handling Policy....................................................................... 20 8.14 Records Retention................................................................................................... 20 DEBTPOLICY................................................................................................................. 20 9.1 General....................................................................................................................21 9.2 Capital Improvement Plan...................................................................................... 21 9.3 Financing Alternatives............................................................................................ 24 9.4 Issuance of Obligations........................................................................................... 25 INVESTMENT/CASH MANAGEMENT POLICY........................................................ 26 10.1 Scope.......................................................................................................................26 10.2 Prudence..................................................................................................................27 10.3 Objectives............................................................................................................... 27 10.4 Investment Strategy................................................................................................. 28 10.5 Responsibility and Control...................................................................................... 29 10.6 Authorized Financial Dealers and Institutions......................................................... 31 10.7 Portfolio and Investment Asset Parameters.............................................................. 32 10.8 Collateralization......................................................................................................34 10.9 Safekeeping and Custody........................................................................................ 34 10.10 Internal Control....................................................................................................... 34 10.11 Reporting................................................................................................................. 35 10.12 Investment Policy Adoption.................................................................................... 35 10.13 Certification............................................................................................................ 36 11 I. INTRODUCTION The Mayor and Town Council (the "Town Council") of the Town of Fountain Hills (the "Town") understands that principles of sound financial management establish the framework for overall fiscal planning and management. The principles set forth guidelines for both current activities and long range planning. Following these principles will enhance the Town's financial health as well as its image and credibility with its citizens, the public in general, bond rating agencies and investors. The policies will be reviewed periodically to assure the highest standards of fiscal management. Policy changes will be needed as the Town continues to grow and becomes more diverse and complex in the services it provides, as well as the organization under which it operates, to provide these services to its citizens. The Town Manager and staff have the primary role of reviewing and providing guidance in the financial area to the Town Council. II. OVERALL GOALS The overall financial goals underlying these principles are: 2.1 Fiscal Conservatism. To ensure that the Town is, at all times, in a solid financial condition, defined as: A. Cash solvency — the ability to pay bills. B. Budgetary solvency — the ability to balance the budget. C. Long run solvency — the ability to pay future costs. D. Service level solvency — the ability to provide needed and desired services. E. Adhering to the highest accounting and management practices as well as the financial reporting and budgeting standards established by the Government Finance Officers Association, by the Governmental Accounting Standards Board (GASB) and by other professional organizations. 2.2 Maintaining Bond Rating. To maintain an Aa3 or better bond rating in the financial community to assure the Town taxpayers that the Town government is well managed and financially sound. 2.3 Stabili . To have the ability to withstand local and regional economic fluctuations, to adjust to changes in the service requirements of our community, and to respond to changes in Federal and State priorities and funding as they affect the Town's residents. 2.4 Delivering_ Quality Services. To deliver quality services in an affordable, efficient and cost-effective basis providing full value for each tax dollar. III. FUND BALANCE Fund balance is defined as the cumulative difference of all revenues and expenditures, also considered the difference between a fund's assets and deferred outflows of resources and its liabilities and deferred inflows of resources. The purpose of this policy is to establish a key 2909518.2 1 element of the financial stability of the Town by setting guidelines for fund balance. It is essential that the Town maintain adequate levels of fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures and similar circumstances. The fund balance also provides cash flow liquidity for the Town's general operations. Fund balance is an important indicator of the Town's financial position and adequate reserves must be maintained to allow the Town to continue providing services to the community during periods of economic downturns and/or unexpected emergencies or requirements. The level of fund balance is related to the degree of uncertainty that the Town faces. A prudent level of financial resources is necessary to protect against the need to reduce service levels or raise taxes and fees due to temporary revenue shortfalls or unpredicted one-time expenditures. With the Town dependency upon State shared income and State sales tax revenues for approximately one third of the General Fund budget, there is increased opportunity for fluctuation. Additionally, a significant portion of Town revenue is received from sales taxes – both state shared and local – which are sensitive to fluctuations in the economy. Therefore, the level of reserves needs to be sufficient to ensure stability in ongoing government operations during a slowdown in the economy or legislative changes to the revenue sharing formula. Fund balance is one of the most widely used elements of state and local government financial statements by (1) municipal bond analysts through credit reviews and ratings, (2) taxpayer associations, (3) research organizations and oversight bodies, (4) state, county and local legislators and officials, (5) financial statement users and (6) reporters. Other objectives that influence the size of the fund balance are: 1. Credit reviews performed by municipal bond analysts. 2. Preserving or improving the bond rating. 3. Maintaining a positive trend to historical fund balances. 4. Maintaining a rating equal to or better than surrounding communities. The Governmental Accounting Standards Board ("GASB") has found that usefulness and value of fund balance information provided is significantly reduced by misunderstandings regarding the message that it conveys and the inconsistent treatment and financial reporting practices of governments. GASB issued a pronouncement, GASB Statement No. 54 ("GASB 54"), which applies to all financial reports of all state and local governmental entities; GASB 54 intended to improve financial reporting by providing fund balance categories and classifications that will be more easily understood. 3.1 Fund Balance Categories. An accounting distinction is made between portions of fund balance that are spendable and nonspendable. These portions are broken into five categories: (A) Nonspendable fund balance—Includes amounts either not in spendable form or legally or contractually required to be maintained intact. This amount includes inventory, prepaids, and non-current receivables such as long-term loan and notes 2909518.2 2 receivable and property held for resale (unless the proceeds are restricted, committed or assigned). (B) Restricted fund balance— Includes amounts that are either (1) externally imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments or (2) imposed by law through constitutional provisions or enabling legislation. Restricted fund balance means "restricted net assets" as defined in the government -wide Statement of Net Assets, GASB Statement No. 34, as amended by GASB Statement No. 46. (C) Committed fund balance—Includes amounts that are committed for specific purposes by formal action of the Town Council. Amounts classified as "committed" are not subject to legal enforceability like restricted fund balance; however, those committed amounts cannot be used for any other purpose unless the Town Council removes or changes the limitation by taking the same form of action it employed to previously impose the limitation. The action to commit fund balances must occur prior to year end; however, actual amounts can be determined in the subsequent period. (D) Assigned fund balance—Includes amounts that are intended by the Town to be used for specific purposes, but are neither restricted nor committed. Intent should be expressed by the Town Council itself or a subordinate high-level body or official possessing the authority to assign amounts to be used for specific purposes in accordance with policy established by the Town Council. This assignment would include any activity reported in a fund other than the General Fund that is not otherwise restricted more narrowly by the above definitions. The Town is not allowed to assign balances that result in a residual deficit. (E) Unassigned fund balance—Includes any remaining amounts after applying categories (A) -(D) above (amounts not classified as nonspendable, restricted, committed or assigned). Planned spending in the subsequent year's budget would be included in the unassigned fund balance category. The General Fund is the only fund that will report a positive unassigned balance. 3.2 General Fund. The fund balance of the Town General Fund may consist of up to five components, as described previously. In order to satisfy the objective of maintaining a bond rating equal to or better than surrounding peer communities, a combined General Fund operating fund balance of at least 30% of revenues is recommended. A. Committed Fund Balance. The Town will maintain a committed fund balance in the General Fund of 20% of the average actual General Fund revenues for the preceding five fiscal years, indicating stable fiscal policies. The maintenance of this fund balance is a particularly important factor considered by credit rating agencies in their evaluation of the credit worthiness of the Town. It is of primary importance that the Town's credit rating be protected. 2909518.2 3 (1) Rainy Day Fund to be Maintained. As a component of the Committed fund balance, the Town will maintain a Rainy Day Fund, separate and apart from the Unassigned General Fund, which shall be designated for use in the event of an unanticipated expenditure or loss of revenue. The Rainy Day Fund balance at the end of any fiscal year will be equal to a minimum of 20% of the average actual General Fund revenues for the preceding five fiscal years. This contingency will provide for the temporary financing of an unforeseen nature for that year. Expenditures for these emergency or unforeseen appropriations can only be undertaken with Town Manager approval and only if funds are not available in the department requesting the funding. (2) Guidelines for Rainy Dam. In order to achieve the objectives of this policy, and to maintain sufficient working capital and a comfortable margin of safety to address emergencies and unexpected declines in revenue without borrowing, the following guidelines shall be adhered to by the Town Manager, Town staff and Town Council: (a) Deposit Rules. At the end of each fiscal year, the Town Council shall transfer 5% of any surplus revenues (before transfers to the Capital Projects Fund) to the Rainy Day Fund. Deposits shall be made as set forth herein until the Rainy Day Fund balance is equal to at least 20% of the average actual General Fund revenues for the preceding five fiscal years. (b) Use Rules. Rainy Day Funds may only be expended for any one of the following purposes or under the following circumstances: (i) To replace the loss of more than 25% of the Town's local share of State shared revenues received pursuant to ARMZ. REv. STAT. § 43-206. (ii) For any event that threatens the health, safety or welfare of the Town's citizens. (iii) For any event that threatens the fiscal stability of the Town. (iv) To address any matter declared as an emergency by the Governor or the Mayor. (c) Withdrawal Rules. All withdrawals from the Rainy Day Fund shall be subject to the following rules: (i) Any appropriation shall require the approval by at least 2/3 of the entire Town Council. (ii) The maximum amount of Rainy Day withdrawals in any fiscal year shall not exceed one-half of the total balance in the Fund. 2909518.2 4 (d) Replenishment Rules. Any amounts withdrawn from the Rainy Day Fund shall be replenished as follows (and such repayment shall be in addition to the annual deposits set forth above): (i) All amounts shall be repaid in not more than five years, in annual installments of not less than 1% of the previous fiscal year General Fund balance. (ii) Repayments shall be appropriated as part of the annual budget adoption. B. Assigned Fund Balance. The Town will maintain an assigned fund balance in the General Fund of a minimum 10% of the average actual General Fund revenues for the preceding five fiscal years. This assigned fund balance will be assigned for (1) "pay-as-you-go" capital project expenditures, (2) vehicle or equipment replacement, (3) prepaying or defeasing existing Town debt or (4) any other expenditure that is non-recurring in nature. The 10% is the minimum and may be increased to accelerate accumulation of funds for a large capital expenditure. To the extent these balances are expended, additional funds necessary to restore this additional 10% amount will be provided in at least approximately equal contributions during the five fiscal years following the fiscal year in which the event occurred. The assigned General Fund balance can be authorized for expenditure only in accordance with Resolution 2012-02 adopted by the Mayor and Town Council on June 7, 2012, as may be amended from time to time. C. Unassigned Fund Balance. Funds in excess of the balances described in the preceding paragraphs will be unassigned General Fund balance, unless otherwise assigned in accordance with GASB 54. By Resolution, the Town Council has allocated General Fund surplus funds to be (1) transferred to the Rainy Day Fund, (2) transferred to Assigned Fund Balance, (3) used to supplement "pay as you go" capital expenditures in the Capital Projects Fund or (4) used to prepay or defease existing Town debt. These funds may not be used to establish or support costs that are recurring in nature. Any excess revenues collected over budgeted and unexpended appropriations not needed to meet fund balance requirements will be transferred to the Capital Projects Fund. During the annual budget process, the Town Manager will estimate the surplus or deficit for the current year and prepare a projection of the year-end unassigned General Fund balance. Such projection will include an analysis of trends in fund balance levels on an historical and future projection basis. The Finance Director is authorized to assign available fund balance for specific purposes in accordance with GASB 54. It is the policy of the Town that expenditures for which more than one category of fund balance could be used, that the order of use is: Nonspendable fund balance, restricted fund balance, committed fund balance, assigned fund balance and unassigned fund balance. 2909518.2 5 3.3 Special Revenue Funds. A. HURF. The Highway User Revenue Fund ("HURF") is restricted in use solely for street and highway purposes. The fund depends upon State shared revenues for over 90% of annual revenues. The restricted fund balance will be based on the minimum requirement as specified in the schedule for projects funded with Special Revenue or grant funds. The schedule will be reviewed on an annual basis to determine the required amount to be set aside as restricted fund balance. B. Excise Tax Funds. The excise tax funds are committed funds that the Town Council may dedicate for specific purposes by resolution or as part of the annual budget adoption. 3.4 Debt Service Funds. The Debt Service Fund is established for the payment of principal and interest on bonded indebtedness and as such is a restricted fund. Revenues are derived from a property tax levy, pledged excise taxes, municipal property lease payments and shared revenues. Revenues are received in amounts sufficient to pay the annual debt service payment; therefore, the restricted fund balance will be no less than the annual debt service payment due on July 1 of the new fiscal year and no more than the annual debt service payment due on July 1 plus an amount equal to the average annual delinquency factor based on the prior three years' delinquency rates. 3.5 Capital Projects Fund. A Capital Projects Fund has been established to allow the Town to accumulate monies for (1) purchase of land or buildings, (2) improvements to Town -owned properties, (3) grant matches associated with capital improvements, (4) public safety projects and equipment purchases, (5) economic development projects and (6) such other capital projects as determined by the Town Council. The Capital Projects Fund will be funded by: (A) sales of real and personal property belonging to the Town; (B) General Fund transfer of any excess revenues (from the prior fiscal year) collected over budgeted and unexpended appropriations not needed to meet fund balance requirements or re -appropriation; and (C) interest earnings on the balance of the fund invested per the Town's investment policy. Accounted for separately, but considered part of the Capital Projects Fund, are accumulated development fees collected pursuant to ARiz. REv. STAT. § 9-463.05 that are assessed on new construction for the purpose of funding growth. These funds are restricted to growth -related capital expenditures as designated in the Town's adopted Infrastructure Improvements Plan. The fund balance will be established each fiscal year during the budget process depending on planned expenditures but cannot exceed accumulated revenues. The Town shall first be entitled to recoup the cost of any capital improvements, infrastructure, marketing or sales -related costs associated with the disposition of property before crediting the Capital Projects Fund (for funds other than development fees). The Town Council may approve the uses of the Capital Projects Fund as a part of its annual budget or by motion and affirmative vote at the time the expenditures are approved. 2909518.2 6 IV. FINANCIAL PLANNING Financial planning refers to the process of identifying resources and allocating those resources among competing purposes. The primary vehicle for this planning is the preparation, monitoring and analyses of the Town's budget. It is increasingly important to monitor the performance of the programs competing to receive funding. 4.1 Budget Adoption. The Town Manager shall prepare a proposed annual budget, which shall be submitted to the Town Council and the public for review in accordance with ARiz. REv. STAT. § 42-17001, et seq. The Town will budget revenues and expenditures on the basis of a fiscal year beginning July 1 and ending the following June 30. The Town Council will adopt the budget no later than June 30. By adopting the budget and the various funds set forth therein, the Town Council expresses its intent to commit fund balances for the purpose of GASB 54 classifications. The Town Manager shall execute the Town Council policies as set forth in the finally adopted budget. 4.2 Budget Preparation. The Town Manager or authorized designee will prepare a budget in accordance with the guidelines established by the Government Finance Officers Association in its Distinguished Budget Award Program. The proposed budget will contain the following: A. Revenue estimates by major category, by major fund. B. Expenditure estimates by department levels and major expenditure category, by fund. C. Estimated fund balance by fund. D. Debt service by issue detailing principal and interest amounts by fund. E. Proposed personnel staffing levels. F. A detailed schedule of capital projects, including a capital improvement program. G. Any additional information, data, or analysis requested of management by the Town Council. 4.3 Operating Budget. The operating budget will be based on the principle that current operating expenditures, including debt service, will be funded with current revenues, creating a balanced budget. The Town will not balance the current budget at the expense of meeting future years' expenditures; for example, accruing future years' revenues or rolling over short-term debt to avoid planned debt retirement. 4.4 Revenue Sources. Ongoing operating costs should be supported by ongoing, stable revenue sources. This policy protects the Town from fluctuating service levels and avoids crises when one-time revenues are reduced or removed. Revenues from growth or development should be targeted to costs related to development, or invested in improvements that will benefit future residents or make future service provision efficient. 2909518.2 7 4.5 Revenue Estimate. The Town Manager will provide an estimate of the Town's revenues annually for each fiscal year, as well as estimates of special (grant, excise tax, etc.) revenues and interfund transfers. 4.6 Staffing. The budget will fully appropriate the resources needed for authorized regular staffing. At no time shall the number of regular full-time employees on the payroll exceed the total number of full-time positions authorized by the Town Council. All personnel actions shall be in conformance with applicable Federal and State law and all Town ordinances and policies. 4.7 Budget Preparation Schedule. Annually, the Town Manager shall provide a budget preparation schedule outlining the preparation timelines for the proposed budget. Budget packages for the preparation of the budget, including forms and instructions, shall be distributed to Town Departments in a timely manner for the Department's completion. Department Directors shall prepare and return their budget proposals to the Administration Department, as required in the budget preparation schedule. 4.8 Performance Measurement. Performance measurement indicators will be integrated into the budget process as appropriate. 4.9 Efficiency Analysis. Alternatives for improving the efficiency and effectiveness of the Town's programs and the productivity of its employees will be considered during the budget process. Duplication of services and inefficiency in service delivery should be eliminated wherever they are identified. 4.10 Department Responsibility. Department Directors are required to monitor revenues and control expenditures to prevent exceeding their total departmental expenditure budgets. Department Directors shall immediately notify the Town Manager of any exceptional circumstances that could cause a departmental expenditure budget to be exceeded. 4.11 Quarterly Report. A quarterly report on the status of the General Fund budget and trends will be prepared within 60 days of the end of each quarter by the Town Manager or authorized designee. 4.12 Deficit. If a deficit is projected during any fiscal year, the Town will take steps to reduce expenditures, increase revenues or, if a deficit is caused by an emergency, consider using the Rainy Day Fund, to the extent necessary to ensure a balanced budget at the close of the fiscal year. The Town Manager may institute a cessation during the fiscal year on hirings, promotions, transfers and capital equipment purchases. Such action will not be taken arbitrarily or without knowledge and support of the Town Council. V. EXPENDITURE CONTROL The Town Manager shall ensure compliance with the legally adopted budget. In addition, purchases and expenditures must comply with all applicable legal requirements. 5.1 Budgeted Expenditures. Expenditures will be controlled by an annual budget at the departmental level. The Town Council shall adopt appropriations through the budget 2909518.2 8 process. Written procedures will be maintained for administrative approval and processing of certain budget transfers within funds. 5.2 Purchasing System and Policies. The Town will maintain a purchasing system that provides needed materials in a timely manner to avoid interruptions in the delivery of services. All purchases shall be made in accordance with the Town's purchasing policies, guidelines and procedures and applicable State and Federal laws. The Town will endeavor to obtain supplies, equipment and services as economically as possible. 5.3 Internal Controls. Expenditures will be controlled through appropriate internal controls and procedures in processing invoices for payment. 5.4 State Expenditure Limit. The State of Arizona sets a limit on the expenditures of local jurisdictions. The Town will comply with these expenditure limitations and will submit an audited expenditure limitation report, audited financial statements and audited reconciliation report as defined by the Uniform Expenditure Reporting System (ARiz. REv. STAT. § 41-1279.07) to the State Auditor General each year. 5.5 Capitalized Assets. All assets of $10,000 or more will be capitalized and recorded in the Town of Fountain Hills Summary of Capital Assets. VI. REVENUES AND COLLECTIONS All government employees are considered stewards of public funds. In order to provide funding for service delivery, the Town must have reliable revenue sources. These diverse revenues must be collected equitably, timely and efficiently. 6.1 Balanced Revenue Base. The Town's goal is a General Fund revenue base that is equally balanced between sales taxes, State shared revenues, property tax, service fees and other revenue sources. 6.2 Stable Revenue Base. The Town will strive for a diversified and stable revenue base to shelter it from economic changes or short-term fluctuations and in any one revenue source by doing the following: A. Establishing new charges and fees as needed and as permitted by law at reasonable levels. B. Pursuing legislative change, when necessary, to permit changes or establishment of user charges and fees. C. Aggressively collecting all revenues, late penalties, outstanding taxes owed and related interest as authorized by law. 6.3 Monitoring Collection. The Town Manager or authorized designee will monitor all taxes to ensure they are equitably administered and collections are timely and accurate. Fees and charges should be based on benefits and/or privileges granted by the Town, or based on costs of a particular service. 2909518.2 9 6.4 Intergovernmental Aid. The Town Manager or authorized designee should pursue intergovernmental aid for those programs and activities that address a recognized need and are consistent with the Town's long-range objectives. Any decision to pursue intergovernmental aid should include the consideration of the following: A. Present and future funding requirements. B. Cost of administering the funds. C. Costs associated with special conditions or regulations attached to the grant award. 6.5 Cost Recovery. The Town will attempt to recover all allowable costs (both direct and indirect) associated with the administration and implementation of programs funded through intergovernmental aid. In the case of the Fountain Hills Unified School District, the Town may determine to recover less than full cost of services provided. In the case of State and Federally mandated programs, the Town will attempt to obtain full funding for the service from the governmental entity requiring the service be provided. Allowable costs will be determined based upon a "Cost Allocation Study" prepared periodically. 6.6 Growth Revenues. Local sales tax revenues are derived from several sources with a significant portion from construction related activity. To ensure that the revenues from growth or development are targeted to costs related to development, or invested in improvements that will benefit future residents or make future service provision efficient, the Town will designate 50% of those one-time revenues to the Capital Projects Fund. Monthly, these revenues will be transferred from the General Fund to the Capital Projects Fund for future appropriation. VII. USER FEE COST RECOVERY User fees and charges are payments for voluntarily -purchased, publicly -provided services that benefit specific individuals. The Town relies on user fees and charges to supplement other revenue sources in order to provide public services. 7.1 Establishing Fees. The Town may establish user fees and charges for certain services provided to users receiving a specific benefit. User fees and charges will be established to recover as much as possible the direct and indirect costs of the program or service, unless the percentage of full cost recovery has been mandated by specific action of the Town Council. It is recognized that occasionally competing policy objectives may result in reduced user fees and charges that recover a smaller portion of service costs. 7.2 Recalculation. Periodically, the Town will recalculate the full costs of activities supported by user fees to identify the impact of inflation and other attendant costs. VIII. CASH HANDLING POLICY Collecting and controlling cash at the Town are very important functions. The Customer Service Representatives and Permit Technicians are the Town's cash handling agents. Strong internal 2909518.2 10 controls for cash collection and handling are necessary to prevent mistreatment of Town funds and to safeguard and protect employees from unwarranted charges of mishandling funds. Historical practices shall not constitute justification for deviation from these procedures. The material contained in this Section supersedes any previous policies and procedures regarding the handling of cash followed within the Town and/or within Departments. The Finance Division will conduct periodic reviews of cash handling procedures. Any amendments to the policies require Town Council approval, but the Town Manager may make interpretations and exceptions to the policies contained in this Section as more particularly set forth in Subsection 8.13 below. 8.1 Individual Responsibilities. All cash transactions are to be processed by Town staff (including cash, credit cards, checks, etc.) and not volunteers. Any Department Director or manager with responsibilities for managing Town cash receipts and those employees who are entrusted with the receipt, deposit and reconciliation of cash for Town -related activities shall be responsible for knowledge of and compliance with this Section VIII. A reference to this Section should be included as part of all departmental policies and procedures. 8.2 Establishing Cash Handling Sites. Ideally, from a control perspective, collecting and controlling cash should be centralized in one location; however, that is not always possible or practical. As a result, the collection of money is, in part, decentralized. The Finance Division must authorize all cash handling sites, including one-time requests for cash for special events. Departments requesting status as a cash handling site (or special events where money is being collected and a cash float is needed) must submit a request to the Finance Division at least 24 hours prior to the special event that includes: A. Reason(s) why cash handling site or cash float is needed. B. A list of the personnel involved with the cash handling site, descriptions of their duties and how segregation of duties will be maintained. C. Whether a change drawer will be needed. D. A description of the reconciliation process, including frequency of reconciliation. E. A description of the process for safeguarding cash until it is deposited. F. A schedule of how often and where cash deposits will be made. 8.3 Procedures for Cash Collection. A. "Cash" is defined as any of the following accepted methods of payment for Town transactions: (1) Cash (U.S. coin and currency). (2) Checks (drawn on U.S. banks and made payable to the Town; no third party checks). 2909518.2 11 (3) Credit Cards (MasterCard, Visa, Discover, American Express). (4) Money Orders. B. Cash should be physically protected through the use of vaults, safes, cash registers, etc. Each Department is responsible to make the necessary provisions to properly safeguard the cash receipts in its area and maintain the necessary safe or vault that will ensure the security. Generally, any amount of cash on hand must be maintained in a vault or heavy safe (one which cannot be easily moved by two persons using a hand cart). Cash should not be retained in desk drawers or standard file cabinets without a locking mechanism; petty cash must be secured in a locked file cabinet and keys should be secured separately. C. The cash drawer should be kept shut when not in use and after each transaction. The cash drawer, when open, should not be left unattended when it contains money. The contents of cash drawers should be placed in a safe, vault, or an approved, locked location after each day; all safes are to be kept locked. 8.4 Receipts. A. Procedures must be in place to record the daily beginning and ending receipt numbers of the cash register, and include safeguards to prevent manipulation of register totals, receipt numbers, etc. Automatic numbering of receipts through a computerized system is an acceptable alternative. B. Receipts should be generated from either receipt books or cash register receipt system. C. Cash registers must be programmed to issue receipts, which shall contain all information required by the accounting system to properly credit and track payments. D. Receipt books, if issued for special events, must be issued in sequential order. All books should be accounted for from the time of delivery and returned to the Finance Division. E. Only those receipt books that have been distributed by the Finance Division may be used. F. At a minimum, sequential, pre -numbered receipt forms must contain the following information: (1) Date issued. (2) Cashier and/or Department issuing the receipt. (3) Name of payor (not the department name or revenue source). 2909518.2 12 (4) Net amount received. (5) Sufficient information to identify the purpose of the payment. (6) Form of payment (cash, check, credit card, etc.). G. The receipt forms should also: (1) Contain all available identifying numbers and other pertinent, descriptive information including invoice numbers. (2) Be issued in a minimum of two copies, one for the payor and one to accompany the deposit. (3) Never be altered; if any type of change is necessary, all copies of the receipt must be clearly marked "void" and a new receipt issued. (4) Be filed sequentially and retained by the Department (including void receipts). 8.5 Cash Received in Person. A. When a customer produces a mutilated bill (where a portion is missing), the receiver should request that the customer have a bank redeem the bill. No bill will be considered for acceptance if both serial numbers are not present. B. A printed receipt must be issued for each payment received when the customer pays in person. At a remote location (for special events), manual pre -numbered receipts may be used when cash register receipts are not available. C. Departments may not accept post-dated checks, IOU's, or third party checks. D. All cash received must be recorded through the computerized accounting system with computer-generated official Town cash receipts. When a cash handling site with a computerized accounting system has to use temporary cash receipts, those temporary receipts must be converted over to computerized receipts as soon as possible. If the conversion cannot be accomplished within 48 hours, the cash should be deposited into the Department's safe and tracked in detail until it is recorded on the computerized accounting system. E. The customer must be presented an official Town receipt form with a duplicate record being retained by the receiving Department. All numbered receipts must be accounted for, including the original of voided receipts. F. The cash handling site must maintain a clear separation of duties. An individual should not have responsibility for more than one of the cash handling components: collecting, depositing, disbursement and reconciling. 2909518.2 13 2909518.2 The procedures below are to be followed to safeguard the employee and the cash: (1) Account for cash as soon as is it received count the cash in front of customer. (2) Keep cash received in view of the customer until the transaction is complete. (3) If change is required, count all cash and change in front of customer. (4) Reconcile the funds received to the computerized accounting system cash report or to the total of the temporary receipts at the end of the day or at the end of each shift and balance the receipts as set forth in Subsection 8.9. (5) Immediately place all cash in a cash drawer, safe or other secure place until deposited. A secure area for processing and safeguarding funds received should be provided and restricted to authorized personnel. (6) Personal transactions with Town cash funds are prohibited. Monies may never be borrowed nor loaned from cash funds, nor may personal checks be cashed from receipts. (7) All employees paying for Town services (rentals, movie tickets, animal license, business license, etc.) must be rung up by a different employee under a separate user ID. (8) Deposit all cash intact and not intermingled or substituted with other cash. (9) Pay refunds or expenditures through the appropriate Town bank account on a Town -generated check from the main accounts payable account for the smaller accounts. If the original payment was made using credit/debit card, then whenever possible refunds will be issued through the credit card per credit card regulations. (10) Provide printed receipts generated by the financial system for every transaction involving money. (11) Voided cash receipts must be approved and initialed by a supervisor before the daily deposit is done, noting the reason for voiding the transaction. (12) Deposit daily cash report and cash promptly at the end of each day into the Finance Division safe. (13) Place cash in amounts over $500.00 in the Finance Division safe immediately following the transaction until the end of day close out. (14) Cashiers should enter transactions using their personal logins (switch user) during a single shift. 14 (15) All packaged coin or strapped currency received as payment should be removed from the package or straps and verified. H. Cashing checks from Town deposits, borrowing cash for personal use, lapping receipts to cover shortages in cash receipts, withholding checks for deposit in order to float checks, commingling personal and Town funds and modifying cash records are all serious offenses and may result in discipline up to and including immediate discharge from employment. 8.6 Cash Received Through the Mail. A. When mail is opened, if the cash received is not credited directly into the appropriate Town account or issued a receipt through a computerized accounting system, a log of the checks, credit card transactions and or cash should be prepared and submitted to the Finance Division. The log should include the customer's name, amount received, check number and any other information available that may assist in proper allocation of the funds. The envelope also should be retained as part of the records. B. When mail is opened, checks must be endorsed promptly with a restrictive endorsement stamp. Checks must be stored in a safe or other secure place approved by the Finance Division until deposited. C. Unidentified receipts must be deposited to a depository account approved for such purposes. All reasonable attempts should be made to identify the correct account and transfer the funds. 8.7 Check Acceptance. A. The Federal Reserve has established a regulation to standardize check endorsements: (1) Checks must be made payable to the Town of Fountain Hills and endorsed promptly with a restrictive endorsement stamp payable to the Town of Fountain Hills. The endorsement stamps must be distributed by the Finance Division; this stamp protects the check if lost or stolen. (2) All depositor's endorsements are limited to the top 1.5 inches on the back side of the check, at the trailing edge of the check. This area is where endorsements are normally placed. If you look at the face of the check, the endorsement area is directly behind where "Pay to the Order of is printed. (3) Any check that has been endorsed may not be returned to the customer. Any marks below the 1.5 inches on the check may obscure the bank routing number, cause delays in returning checks, and forfeit the Town's right to recovery. The purpose of this regulation is to speed collection and returns. 2909518.2 15 (4) The endorsement must include the following: FOR DEPOSIT ONLY TOWN OF FOUNTAIN HILLS [Account Number] (5) Checks should have the customer information pre-printed on the face of the check. Bank issued/generated checks are acceptable. (6) Personal checks from employees for cash may not be cashed at any counter in a Town facility. (7) Checks or credit card transactions will not be cashed or processed for more than the amount of purchase. Departments are not authorized to return currency to the payor in the event that the check exceeds the amount due to the Town. B. Be sure that the name, branch, city and state where the drawer's bank is located is printed on the check. C. The Town will not accept a check that is: (1) Illegible or not written out clearly; checks should be written out in blue or black ink only. (2) For anything other than the exact amount (no change will be given). (3) A third party check (that is, checks made out to someone other than the Town). (4) Altered or changed. (5) Undated, post-dated or stale dated (older than six months). (6) Not signed. (7) A starter check, i.e. a check without the name, address and check number on the face of the check. (8) Not in U.S. funds. (9) From a foreign bank, even if payable in U.S. funds. (10) Transfer checks. D. If the written amount on a check does not match the numerical amount, the written amount will govern. 2909518.2 16 E. Money orders should be filled out by the customer in the presence of Town staff, the customer must countersign and write Town of Fountain Hills in the payee section. 8.8 Credit Card Acceptance. A. Credit cards accepted are Visa, MasterCard, Discover and American Express. B. When presented with a credit card, the Department cashier shall: (1) Verify that the card has not been altered and is not expired. (2) Check customer identification to verify that the name on the card and the account name are the same, unless someone is paying for other family members. (3) Retain the credit card until the transaction is complete. (4) Enter the credit card transaction by swiping the card through the terminal on the keyboard; if the keyboard does not have a terminal, the swipe reader is not functioning or payment is being taken over the telephone, the credit card number should be entered manually when prompted. (5) If the credit card information is being input from a paper registration form that includes the card number and payor signature, shred or permanently mark over the portion of the form that includes the credit card information as soon as the transaction is complete and the card is accepted. (6) If receiving credit card information over the phone, verify the caller's name as it appears on the card, verify the amount to be processed, enter the credit card number, expiration date and security code directly; immediately shred any piece of paper where the information can be viewed or taken. 8.9 Balancing of Cash Receipts. A. All funds collected must be balanced daily, by mode of payment, by comparing the total of the cash, checks and credit cards to the computerized accounting reports, to the manual receipts totals, including the totals of the money received by mail. All cash receipts and supporting documentation (daily deposit slip, system receipts, and system reports) should be transferred daily to the accounting system and all discrepancies should be resolved before the end of the day/shift. B. Daily cash counts and reconciliations will be performed on a random basis by the Accountant or other senior Finance Division staff member. These reconciliations should be signed and dated by the reviewer. The total monthly receipts should be balanced with the monthly bank account statements and accounting system monthly reports and all discrepancies should be resolved. 2909518.2 17 C. Currency and coin must be reconciled separately from checks, credit cards and money orders by comparing actual cash received to the cash total from the cash report or to the sum of the cash sales from the manual receipts. D. Over/short amounts must be separately recorded, investigated and resolved to the extent possible as set out in the over/short portion of this Section. E. Because balancing can be a time-consuming task and requires attention to detail, it is recommended that each cashier pre -balance his/her own drawer periodically during the day. NOTE: On the rare occasion that a check needs to be forwarded to another party by the Town of Fountain Hills, the check cannot be endorsed. Any of the following positions are authorized to approve this receipt without endorsement: the Town Manager, the Finance Director and the Town Clerk. Approval to accept this instrument in this manner requires approval from one of the Town's authorized signatories in writing prior to the presentation of the instrument. F. End of day close out process for cash collection points includes the following: (1) Two signatures on the daily cash report before depositing in the Finance Division safe. (2) Total deposit must match the printed report from the software program. (3) Deposits are turned in daily and deposited in the Finance Division safe by the responsible parry. 8.10 Cash Over & Short. A. A daily accounting of cash received should be balanced against the total amount on the daily reports run by the Department. Any amount that is over or short shall be reported on the same day to the Department Director and the Accountant. B. The discipline procedures set forth below should be followed if the established dollar limits and frequency of overages and/or shortages are exceeded. The current established dollar limit is five dollars. A log should be established to record any overages and shortages, and the employee's name and date. Patterns, frequencies and inconsistencies should be noted on the employee's performance review. Overages or shortages of $50.00 or more are to be reported to the Finance Director. C. Warnings or exceptions involving cash overages or shortages shall be retained in the employee's permanent file. D. If the shortage is the result of a suspected or documented theft, the shortage must be reported immediately and in writing to the Accountant, the Finance Director and the Town Manager who will submit to law enforcement for investigation, regardless of amount. 2909518.2 18 E. Employees who handle cash are expected to be careful and accurate and to balance their funds each day without overages or shortages. Failure to follow internal controls and checks and balances as approved by the Finance Division is considered to be at least negligence and could be considered misconduct subject to the following disciplinary procedures: (1) Verbal Warning. A verbal warning will be given if an employee has: (i) Two or more over/shorts in any 90 -day period (regardless of the amount). (ii) Cumulative over/shorts of $75.00 or more in any 30 -day period. (2) Written Warning. (i) After an employee has received two verbal warnings, the third warning will be in the form of a written warning. A fourth warning will be subject to disciplinary action as determined by the Department Director. (ii) A written warning will be issued if an employee exceeds a cumulative total of $100.00 or more cash short in any month regardless of the number of verbal warnings. 8.11 Returned Check Procedures. A. Any checks returned by the Town's depository bank as uncollected shall be sent to the Finance Division. Examples of returned checks include: non -sufficient funds (NSF), account closed, payor's signature missing, refer to maker and post- dated or stale -dated checks. B. When a check is returned, the Finance Division prepares a negative entry to the revenue journal, debiting the originating account for the amount of the check and at the same time assessing a service fee in the amount set forth in the Town's adopted fee schedule. It is the responsibility of the Department that was credited with the revenue to notify the check writer and use due diligence to collect the amount of the check and the service fee. The check writer will be prohibited from receiving Town services until the Town is paid the full amount, plus the returned check fee. Restitution should be in the form of currency, money order, cashier's check or certified check. The Finance Division will maintain an aging report on all non -collectable items; this report will be submitted monthly to the Finance Director. C. When restitution is obtained, the same account should be used that was used on the negative entry and the deposit should be transferred to the Customer Service Representative for inclusion in the daily deposit. 2909518.2 19 D. If after proper due diligence is performed, collection has not been made, the Accountant may be consulted regarding returned items that remain uncollected for further action through the State. 8.12 Preparation of Deposits (performed by the Finance Division). A. The Finance Division shall prepare all deposits. B. All checks must be made payable to Town of Fountain Hills and endorsed. A calculator tape of the checks should be included with the checks bundled together. C. Cash must be recorded on the deposit slip in the appropriate space. D. Only depository -issued deposit slips, including the appropriate account number(s) and sub-code(s) are to be used. E. Someone not involved with collecting the cash, opening the mail or reconciling the deposit must prepare the deposit. F. Deposit from the Municipal Court should be secured in locking deposit bags, which are available from the bank. G. Trips to the bank should be at random times during each day. 8.13 Exceptions to Cash Handling Policy. A. Any exception to this Section must be approved in writing by the Department Director and requires the concurrence of the Finance Director. For example, in cases where there is not enough staff available to maintain complete separation of duties, an alternate process to safeguard Town funds must be established and approved by the Finance Director. Requests for exceptions to these procedures must be submitted to the Finance Director in writing. B. Town personnel are prohibited from depositing Town cash into checking or other bank accounts unless the account has been set up by the Finance Division. 8.14 Records Retention. All cash receipts and related documents must be maintained in accordance with Records Retention Schedules pursuant to ARiz. REV. STAT. §§ 39-101 through 39-103 and 41-151.15 through 41-151.19. Accounting reports, deposit slips, credit card receipts, copies of manual cash receipts, etc. should be kept for the period specified by the Records Retention Schedules. IX. DEBT POLICY The purpose of this debt policy is to provide for the preservation and enhancement of the Town's bond ratings, the maintenance of adequate debt service reserves, compliance with debt instrument covenants and provisions and required disclosures to investors, underwriters and rating agencies. The Town's overall debt management policy is to ensure that financial resources 2909518.2 20 are adequate in any general economic situation to not preclude the Town's ability to pay its debt when due. These policies are meant to supplement the legal framework of public debt laws provided by the Arizona Constitution, State Statutes, Federal tax laws and the Town's current bond resolutions and covenants. 9.1 General. A. The Town will (1) use current revenues to pay for short-term capital projects, repair and maintenance items and (2) reserve long-term debt for capital improvements with useful lives of ten years or more. The Town will not use long- term debt to fund current governmental operations and will manage its cash flow in a fashion that will prevent any borrowing to meet working capital needs. However, exclusive reliance upon "pay-as-you-go" funds for capital improvements requires existing residents to pay for improvements that will benefit new residents who relocate to the area after the expenditure is made. Financing capital projects with debt provides for an "intergenerational equity," as the actual users of the capital asset pay for its cost over time, rather than one group of users paying in advance for the costs of the asset. Where there is a benefit to all future residents, debt financing should be given consideration. B. To increase its reliance on current revenue to finance its capital improvements, and promote a "pay-as-you-go" philosophy, the Town will allocate each year a percentage of current revenues to maintain a minimum 10% of average actual General Fund revenues for the preceding five fiscal years in the assigned fund balance. 9.2 Cgpital Improvement Plan. A. As part of the budget process each year, the Town Manager or authorized designee will prepare a capital spending plan that provides a detailed summary of specific capital projects for the five fiscal years subsequent to the fiscal year presented. The plan will include the name of the project, project schedule, capital cost by fiscal year and a recommended specific funding source. The five year capital improvement plan will be developed within the constraints of the Town's ability to finance the plan. B. The Town Manager and Department Directors will develop formal ranking criteria that will be used in the evaluation of all capital projects. The ranking criteria will give greatest weight to those projects that protect the health and safety of its citizens. "Pay-as-you-go" project financing shall be given the highest priority. Capital improvements that must rely upon debt financing shall be accorded a lower priority and projects with a useful life of less than ten years shall not be eligible for inclusion in bond issues except in extraordinary circumstances. C. Lease -purchase financing shall be undertaken only when the project is considered essential to the efficient operation of the Town or to remove expenditures that would exceed the State -imposed expenditure limitation. The Town Manager or 2909518.2 21 authorized designee shall be responsible for ensuring that "pay-as-you-go" expenditures do not cause the State -imposed expenditure limitation to be exceeded in any fiscal year. D. All capital project requests will be accompanied by a description of the sources of funding to cover project costs. Where borrowing is recommended, a dedicated source of funds to cover debt service requirements must be identified. All capital project requests will be required to identify any impact the project may have on future operating costs of the Town. The Town will seek grants to finance capital improvements and will favor those projects that are likely to receive grant money. E. All capital project appropriations and amendments to the capital improvement plan must be approved by the Town Council. F. The capital plan will include all equipment and facilities with a useful life of greater than ten years and a cost greater than $50,000. Debt financing shall not exceed the useful life of the infrastructure improvement or asset. G. The following steps shall be used to prepare the Capital Improvement Program ("CIP"): (1) Establish Capital Improvement policies, including: (a) Time period the CIP will cover. (b) Facilities/equipment that will be included in the CIP. (c) How acquisition of multiple items (e.g., computers) will be treated. (d) Identification of projects that are expected to be undertaken, but fall outside the time horizon of the plan. (2) Adopt standards to rank project requests. (a) Projects that address a public health or safety concern are given top priority. (b) Projects mandated by a court of competent jurisdiction or a government with authority over the Town are equal with public health or safety. (c) Major maintenance (preservation of assets). (d) Replacement of obsolete equipment (improving efficiency). (e) Expansion to meet demand caused by growth. (f) Coordination of projects to achieve cost savings. 2909518.2 22 (g) Availability of cash to finance improvements from current revenues. (h) Acquisition of open space. (3) Perform and maintain a capital inventory and identify useful life. (4) Identify projects. (a) Status review of previously approved projects. (b) Identification of new projects. (c) Assess capital project alternatives. (d) Complete project request forms. (5) Assess funding sources. (a) Available grants. (b) Development fees shall be utilized to fund capital projects before "pay-as-you-go" and bond issuance financing. (c) Developer contributions. (d) Private contributions. (e) Issuance of securities. (f) Capital leases. (6) Approve the CIP and Budget. (a) Town Council review. (b) Public hearing. (c) Adoption of the CIP and capital budget. All capital project requests will be accompanied by a description of the sources of funding to cover project costs. Where borrowing is recommended, the source of funds to cover debt service requirements must be identified. All capital project requests will be required to identify any impact the project may have on future operating costs of the Town. Department Directors will submit detailed descriptions of the useful life of capital projects submitted in conjunction with the preparation of the Town's CIP. The Town Manager shall incorporate an estimate of the useful life of proposed capital improvements in developing an amortization schedule for each bond issue. If a short-lived asset or project (less than ten years) is 2909518.2 23 included in a bond issue then the bond amortization schedule shall be adjusted to reflect the asset's rapid depreciation. At no time shall the amortization exceed the life of the asset. 9.3 Financing Alternatives. A. Financing alternatives include, but are not limited to: (1) Grants. (2) Developer Contributions. (3) General Obligation ("GO") Bond — requires voter approval, supported by an ad valorem (property) tax. (4) Revenue Bonds — repaid with dedicated revenue source (HURF, revenue generated by project). (5) Municipal Property Corporation ("MPC") Bonds — repaid with a dedicated revenue source. (6) Community Facilities District ("CFD") or Special District Bonds — supported by an ad valorem property tax, revenues of the district or assessments of the cost of public infrastructure or enhanced municipal services. (7) Capital Leases — repaid within operating budget. (8) Commercial Paper (CP) or Bond Anticipation Notes (BAN) with terms less than two years. B. Town debt service costs (GO Bonds, Revenue Bonds, MPC Bonds, Leases) shall not exceed 20% of the Town's operating revenue in order to control fixed costs and ensure expenditure flexibility. Improvement District, CFD and Special District debt service is not included in this calculation because it is paid by district property owners and is not an obligation of the general citizenry. Separate criteria for CFDs have been established and included within the Town's CFD policy. C. The Town shall comply with all U.S. Internal Revenue Service arbitrage rebate requirements for bonded indebtedness. D. Where applicable, the Town will structure GO bond issues to create level debt service payments over the life of the issue. The goal will be to strive for a debt repayment schedule to be no more than 15 years; at no time will the debt exceed 25 years. E. Refunding bonds will be measured against a standard of the net present value debt service savings exceeding 3% of the principal amount of the bonds being refunded, or if savings exceed $750,000, or for the purposes of modifying restrictive covenants or to modify the existing debt structure to the benefit of the 2909518.2 24 Town. Refinancings undertaken for other reasons should proceed only when the advantages have been clearly shown in a cost/benefit analysis of the transaction. F. The Town will seek to maintain and, if possible, improve the current bond rating in order to minimize borrowing costs and preserve access to credit. G. An analysis showing how a new issue combined with current debt impacts the Town's debt capacity and conformance with Town debt policies will accompany every future bond issue proposal. The debt capacity analysis should reflect a positive trend and include: (1) Percent of debt outstanding as a percent of the legal debt limit. (2) Measures of the tax and revenue base. (3) Evaluation of trends relating to expenditures and fund balance. (4) Debt service as a percentage of assessed valuation. (5) Measures of debt burden on the community. (6) Tax-exempt market factors affecting interest costs. (7) Debt ratios. H. MPC and contractual debt, which is non-voter approved, will be utilized only when a dedicated revenue source (e.g., excise taxes) can be identified to pay debt service expenses. The project to be financed will generate net positive revenues (i.e., the additional revenues generated by the project will be greater than the debt service requirements). I. The Town's privilege/excise tax to debt service goal will be a ratio of at least 2.5:1 to ensure the Town's ability to pay for long-term debt from this elastic revenue source. 9.4 Issuance of Obligations. A. The Town shall select the underwriter and the paying agent/registrar for each debt issuance based on competitive bid. The underwriter must be a firm with an office in the Phoenix area and a record of prior working relationships. B. The request for proposals process will be designed to select the service providers that offer the Town the best combination of expertise and price. The Town is not required to select the firm offering the lowest price, but a report must be prepared by the Town Manager providing justification to the Town Council for a recommendation when other than the lowest bidder is chosen. The review of all proposals submitted shall be the responsibility of the Town Manager. 2909518.2 25 C. The Town will sell bonds through public sale, online bidding process or an accelerated bidding process unless the Town Council authorizes the bond to be sold by negotiated sale or private placement. D. The Town Manager or designee and Town Attorney will coordinate their activities to ensure that all securities are issued in the most efficient and cost- effective manner and in compliance with the governing statutes and regulations. The Town Manager and the Town Attorney shall consult and jointly select the bond counsel for a bond issue. E. The Town Manager or authorized designee will seek a rating on all new issues which are being sold in the public market if economically feasible. F. The Town will report all financial information on an annual basis and notices of listed events in a timely manner, not in excess of ten business days after the occurrence of event, to the rating agencies and the Municipal Securities Rulemaking Board (MSRB) Electronic Municipal Market Access (EMMA) system. The annual report will include but not be limited to the Town's annual Comprehensive Annual Financial Report (CAFR) and other items specified in the Town's continuing disclosure undertakings. G. Any institution or individual investing monies as an agent for the Town shall do so in a manner consistent and in compliance with the Town's adopted Investment Policy. H. The Town Manager or authorized designee will provide detailed draw schedules for any project to be funded with borrowed monies. The Town will invest the proceeds or direct a trustee to invest the proceeds of all borrowings in a manner that will ensure the availability of funds as described in the draw schedules. I. The Town acknowledges the responsibilities of the underwriting community and pledges to make all reasonable efforts to assist underwriters in their efforts to comply with Securities and Exchange Commission Rule 15c2-12 and MSRB Rule G-36. The Town will follow its adopted issuance and post -issuance compliance procedures relating to its tax-exempt financings. X. INVESTMENT/CASH MANAGEMENT POLICY It is the intent of this investment/cash management policy (the "Investment Policy") that idle public funds (i.e., uninvested funds) will be invested in a manner that maintains safety of principal, maintains liquidity to meet cash flow needs, provides competitive investment returns and conforms to all state statutes governing the investment of public funds (the "Investment Portfolio"). The purpose of these investment guidelines is to formalize the framework for the Town's daily investment activities. 10.1 Scope. This Investment Policy shall be administered in a manner that follows Arizona Revised Statutes Title 35, Chapter 2, Article 2.1, as amended and other investment guidelines mandated by statute and is limited in its application to funds that are not immediately needed and are available for investment, including any and/or all districts, 2909518.2 26 component units, etc., of the Town. These funds are accounted for in the Town's Comprehensive Annual Financial Report ("CAFR") and may include: A. The General Fund; B. Highway User Revenue Fund; C. Excise Tax Funds; D. Special Revenue Funds; E. Debt Service Funds; F. Capital Project Funds; G. Development Fees Funds; H. Internal Service Funds; and I. Any new fund/component unit created unless specifically exempted. Except for cash in certain restricted funds, the Town will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 10.2 Prudence. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by any firm or individual given responsibility as Investment Officer shall be the "prudent person" standard and shall be applied in the context of a professional investment official managing an overall portfolio or account in a manner that aims to accomplish the objectives set forth in these policies. Investment Officers acting in accordance with the Town's written procedures and this Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 10.3 Objectives. In priority order, the primary objectives of Town investment activities are: A. Safety: Safety of principal is the foremost objective of the investment program. Investments of the Town shall be undertaken in a manner that seeks to ensure the preservation of principal in the overall portfolio. To attain this objective, the Town will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. B. Liquidity: The Town Investment Portfolio will remain sufficiently liquid to enable the Town to meet all operating requirements that might be reasonably anticipated. Liquidity will be achieved by matching investment maturities with forecasted cash flow funding requirements, by investing in securities with active secondary markets and by diversification of maturities and call dates. Furthermore, since all possible cash demands cannot be anticipated, a portion of the portfolio may also be placed in savings accounts, Certificates of Deposit ("CDs") or local government investment pools that offer same day liquidity for short-term funds. 2909518.2 27 C. Yield (Return on Investments): The Town Investment Portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints of safety and liquidity needs and the cash flow characteristics of the portfolio. Return shall be subordinated to safety and liquidity. The core of investments is limited to relatively low-risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity, with the following exceptions: (1) A security with declining credit may be sold early to minimize loss of principal; (2) A security swap would improve the quality, yield or target duration in the portfolio; (3) Liquidity needs of the portfolio require that the security be sold; and (4) If market conditions present an opportunity for the Town to benefit from the sale. D. Risk of Loss: All participants in the investment process will seek to act responsibly and prudently as custodians of the public trust. Investment Officers will avoid any transactions that they reasonably believe might impair public confidence in the Town's ability to govern effectively. The Town Council recognizes that in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. 10.4 Investment Strate. The Town intends to pursue a portfolio management philosophy that includes passive management; passive management means that the financial markets will be monitored by Investment Officers and investments will be purchased and sold based on the Town's parameters for safety and liquidity and based on market conditions. All marketable securities purchased by the Town shall have active secondary markets, unless a specific cash outflow is being matched with an investment that will be held to maturity to meet that obligation. Securities may be purchased as a new issue or in the secondary markets. Securities may be sold as provided in Section 4.3. Securities may be purchased with the intent from the beginning to sell them prior to maturity or with the expectation that the security would likely be called prior to maturity under the analyzed market scenario. The portfolio will be structured to benefit from anticipated market conditions and to achieve a reasonable return. Relative value between asset groups shall be analyzed and pursued as part of the investment program within the restrictions set forth by this Investment Policy. Diversification by market sector and security types, as well as maturity will be used to protect the Town from credit and market risk in order to meet liquidity requirements. Market and credit risk shall be minimized by diversification and are defined below: A. Credit Risk: The Town will seek to mitigate credit risk, which is defined as the risk of loss due to failure of the security issuer or backer. Mitigating credit risk is to be accomplished by carefully managing the allocation of funds to non-government or 2909518.2 28 insured sectors. The Finance Director will monitor the credit holdings on a continuous basis to ensure they remain appropriate to hold. B. Interest Rate Risk: The Town will seek to mitigate interest rate risk, which is defined as the risk that the market value of securities held in the portfolio will decline due to increases in market interest rates subsequent to their purchase. This mitigation will be accomplished by: (1) Structuring the Investment Portfolio so that securities mature concurrent with the anticipated cash requirements for ongoing operations, thereby avoiding, as much as possible, the need to sell securities into an adverse market environment prior to maturity; (2) Investing funds primarily in shorter -term securities or similar investment pools and limiting the average maturity of the portfolio in accordance with the needs of the Town; and (3) With respect to any firm or individual given responsibility for investments, utilizing external research and advice regarding the current interest rate outlook and global economic condition to optimize portfolio duration strategy. C. Market Rate Risk: The Town will seek to mitigate market rate risk, which is defined as the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. This mitigation will be accomplished by: (1) Providing adequate liquidity for short-term cash needs; and (2) Making longer-term investments only with funds that are not needed for current cash flow purposes. 10.5 Responsibility and Control. A. Delegation of Authority: Authority to manage the Town investment program is derived from the ARiz. REv. STAT. §§ 35-323 - 328. Management responsibility for the investment program is hereby delegated to the Finance Director. The Finance Director shall be primarily responsible for ensuring the Investment Portfolio is invested according to this Investment Policy. In carrying out these duties, the Finance Director may delegate certain tasks to others (each an "Investment Officer") whose skill and experience are appropriate to the delegation. The term "Investment Officer" includes the Finance Director (until a particular task is delegated) and the "Investment Advisor," as defined below and as described in Section 10.5. A list of Town personnel eligible for delegation as Investment Officer is attached to this Investment Policy in Appendix A. B. Establishment of Procedures: The Finance Director shall establish written procedures for the operation of the investment program consistent with this Investment Policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, banking service contracts and 2909518.2 29 collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the Finance Director. C. Management Responsibilities: No person shall engage in an investment transaction except as provided under the terms of Investment Policy, the procedures established by the Finance Director, or designee, and verbal or written authorization by the Finance Director to withdraw, transfer, deposit and invest the Town's funds. The Finance Director shall be responsible for all transactions undertaken, and shall establish a system of controls to regulate the activities of Investment Officers. The Finance Director has the authority to manage internally or to delegate the management of the investment program to an investment advisor engaged by the Town (the "Investment Advisor"). The Finance Director is responsible for: (1) Reporting Investment Portfolio performance to Town Manager; (2) Evaluating the performance of the externally -managed portfolio; (3) Monitoring Investment Advisor's compliance with this Investment Policy; (4) Conveying the investment needs of the Town to the Investment Advisor; and (5) Developing investment strategy with the Investment Advisor. D. Ethics and Conflicts of Interest: All persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and Investment Officers shall disclose to the Town Manager any material financial interests in financial institutions that conduct business within the Town, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the Town, particularly with regard to the time of purchases and sales. This Investment Policy expressly incorporates the provisions of ARIZ. REv. STAT. Title 38, Chapter 3, Article 8. E. Disclosure: Investment Officers and employees shall disclose to the Town Manger any material financial interest in financial institutions that conduct business with the Town. Investment Officers and employees shall further disclose any material personal investment positions that could be related to the performance of the Town's Investment Portfolio. Investment Officers and employees shall subordinate their personal investment transaction to those of this jurisdiction, particularly with regard to the timing of purchases and sales. An Investment Officer who is related within the second degree by affinity or consanguinity to individuals seeking to sell an investment to the Town shall file a statement with the Town Manager and the Finance Director disclosing that relationship. 2909518.2 30 F. Investment Training: Investment Officers shall have a finance, accounting or related degree and knowledge of treasury functions and the State of Arizona laws governing public money management and investments. 10.6 Authorized Financial Dealers and Institutions. The Finance Director will maintain a list of qualified persons or firms authorized to provide investment services that have been publicly procured. In addition, a list will also be maintained of the State pool of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services. The Town shall qualify persons or firms by applying generally accepted industry standards (i.e., capital requirements, asset quality, earnings, liquidity, management and local community development) using available public agency and private rating services as appropriate. Investment transactions shall only be conducted with financial institutions that are licensed as may be required by law to do business in Arizona. Primary government securities dealers, or broker-dealers engaged in the business of selling government securities shall be registered in compliance with section 15 or 15C of the Securities Exchange Act of 1934 and registered pursuant to ARiz. REv. STAT. § 44-3151, as amended. It shall be the responsibility of the financial institutions and broker/dealers who desire to become qualified bidders for investment transactions to provide the following: i. Audited financial statements within six months of the close of the fiscal year; ii. Proof of Financial Industry Regulatory Authority (FINRA) certification, and trading resolution; iii. Proof of State registration; and iv. Certification of having read this Investment Policy and the Town's depository contracts. An eligible listing of broker/dealers shall be established for the purchase and sale of investment securities; a new list of approved broker/dealers will be established as needed. External managers may also use their own lists of internally -approved broker-dealers, but only after any such list has been approved by the Town Manager and Finance Director. A periodic review of the financial condition and registrations of qualified companies will be conducted by the Finance Director and the Town Manager. A. Selection of Depository, Financial Institutions and Broker/Dealers: Depositories shall be selected through the Town's procurement process, with a typical contract being for two years with an option to extend the contract for three additional one year terms. In selecting depositories, the creditworthiness of institutions shall be considered, and the Finance Director shall conduct a comprehensive review of the prospective depositories' credit characteristics and financial history. No public deposit shall be made except in an eligible public depository as established by state depository laws. The depository bank bid will not include bids for investment rates on certificates of deposit. Certificate of deposit rates will be evaluated competitively between qualified financial institutions in accordance with the manner in which all other types of investment assets are purchased. The Investment Officer may accept bids for 2909518.2 31 certificates of deposit and for all marketable securities either orally, in writing, electronically, or in any combination of these methods. The Investment Officer will strive to receive three price quotes on marketable securities being sold, but may allow one broker/dealer to sell at a predetermined price under certain market conditions. Investments purchased shall be shopped competitively between approved financial institution and broker/dealers. B. Insurability: Banks, financial institutions, individuals and firms seeking to establish eligibility for the Town's certificates of deposit purchase program, shall submit financial statements, evidence of federal insurance and other information as required by the Investment Officers. 10.7 Portfolio and Investment Asset Parameters. A. Pricing: Market price for investments acquired for the Town's Investment Portfolio shall be priced using independent pricing sources and market value shall be monitored at least annually. B. Eligible Investments: The Town's eligible investments are governed by ARiz. REv. STAT. § 35-323 et seq. Furthermore, those investments not identified in ARiz. REv. STAT. § 35-323 et seq. are considered to be ineligible. For the eligible investments, the following limitations apply: (1) Investments in insured or collateralized CDs in eligible depositories shall not exceed 30% of the portfolio. (2) Investments in Certificate of Deposit Account Registry Services shall not exceed 20% of the portfolio. (3) Bonds, notes or other evidences of indebtedness of the State or any of its counties, incorporated cities or towns, school districts or special taxing districts, including registered warrants that bear interest pursuant to ARIZ. REv. STAT. § 11-635, shall not exceed 10% of the portfolio. (4) Bonds, notes or evidences of indebtedness of any county, municipal district, municipal utility or special taxing district of any state that are payable from revenues, earnings or a special tax specifically pledged for the payment of the principal and interest on the obligations, and for the payment of which a lawful sinking fund or reserve fund has been established and is being maintained shall not exceed 10% of the portfolio. (5) Bonds, notes or evidences of indebtedness issued by any county improvement district or municipal improvement district of any state to finance local improvements authorized by law, if the principal and interest of the obligations are payable from assessments on real property within the improvement district shall not exceed 10% of the portfolio. (6) Commercial paper of prime quality shall not exceed 30% of the portfolio. 2909518.2 32 (7) Bonds, debentures, notes or other evidences of indebtedness shall not exceed 30% of the portfolio. (8) Negotiable or brokered certificates of deposit issued by a nationally or state chartered bank or savings and loan association shall not exceed 30% of the portfolio. Bond proceeds shall be invested by the Finance Director (or the Investment Officer, if such duties have been delegated) pursuant to applicable laws, relevant bond indenture requirements and relevant tenets of this Investment Policy. Proceeds from tax-exempt bonds shall be invested, recorded and reported in the manner set forth by the United States ("U.S.") Treasury and Internal Revenue Service to preserve the tax-exempt status of the bonds. The Town's Finance Department will maintain systems to ensure that these requirements are met. Funds set aside to defease Town debt in conjunction with an escrow agreement will be invested in accordance with State law and appropriate bond documents and as the trustee bank holding such funds deems necessary. C. Prohibited Investments: Regardless of sector, no more than 5% of the portfolio may be invested in any one issuer (excluding obligations issued or guaranteed by the U.S. or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities). In addition to the limitations on investment types according to ARiz. REv. STAT. § 35-323 et seq., Town funds will not be invested in any of the following: (1) reverse repurchase agreement (2) callable agencies (3) derivative type investments such as collateralized mortgage obligations, strips, floaters, etc. (4) futures, contractual swaps, options (5) inverse floaters (6) interest only securities (7) forward contracts (8) interest bearing securities that have a possibility of not accruing current income (9) closed end management type companies (10) securities whose yield/market value is based on currency, commodity or non-interest indices (11) bearer -form securities D. Downgraded Credit Ratings: If the credit rating of a security is subsequently downgraded below the minimum rating level specified in this Investment Policy, the Finance Director shall evaluate the downgrade on a case-by-case basis in order to determine if the security should be held or sold. The Finance Director will apply the general objectives of safety, liquidity, yield and legality to make the decision. 2909518.2 33 10.8 Collateralization. Where allowed by State law, full collateralization is required on all demand deposit accounts, including checking accounts and non-negotiable certificates of deposit. The State requires all depositories holding public funds participate in the State managed pooled collateral program. The State will monitor collateral for public funds to ensure the proper level of collateral is maintained by participant depositories. The Finance Director will check to ensure that any depository it utilizes is a State collateral pool participant. In the event that the Town enters into a repurchase agreement, it shall require collateralization at 102% and accept only the following insurance and securities as collateral: A. FDIC insurance coverage. B. Obligations of the U.S., its agencies and instrumentalities, including agency and instrumentality issued mortgage backed collateral if directly guaranteed by the U.S. C. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State, the U.S. or its agencies and instrumentalities. D. Obligations of states, agencies thereof, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a NRSRO and having received a rating of no less than "A" or its equivalent. 10.9 Safekeeping and Custody. All security transactions including collateral for repurchase agreements, entered into by the Town or its agents/trustees shall be conducted on a delivery - versus -payment ("DVP") basis. That is, funds shall not be wired or paid until verification has been made that the safekeeping bank received the correct security. The safekeeping, or custody, bank is responsible for matching instructions from the Town's Investment Officers on an investment settlement, with what is wired from the broker/dealer, prior to releasing the Town's designated funds for a given purchase. The security shall be held in the name of the Town, or held on behalf of the Town, in a bank nominee name. A third party custodian designated by the Finance Director and evidenced by safekeeping receipts will hold securities. The safekeeping bank's records shall assure the notation of the Town's ownership of, or explicit claim on, the securities. The original copy of all safekeeping receipts shall be delivered to the Town. Securities shall be held by a custodian designated by the Town Manager and evidenced by safekeeping receipts. 10.10 Internal Control. The Town Manager shall establish an annual process of independent review as part of the external audit. This review will provide internal control by assuring compliance with policies and procedures. The Investment Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the Town are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points: A. Control of collusion: Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2909518.2 34 B. Separation of transaction authority from accounting and record keeping: By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. C. Custodial safekeeping: Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third parry of custodial safekeeping. D. Avoidance of physical delivery securities: Book -entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. E. Clear delegation of authority to staff members: Staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. F. Written confirmation of transactions for investments and wire transfers: Due to the potential for error and improprieties arising from telephone and electronic transactions, all transactions should be supported by written communications and approved by the appropriate person. Written communications may be via facsimile if on letterhead and if the safekeeping institution has a list of authorized signatures. G. Development of a wire transfer agreement with the lead bank and third -party custodian: The Finance Director should ensure that an agreement will be entered into and will address the following points: controls, security provisions, and responsibilities of each party making and receiving wire transfers. 10.11 Reporting. The Town Manager, or designee, is charged with the responsibility of providing quarterly reports on investment activity and returns. The report shall summarize investment transactions that occurred during the reporting period, and shall include, at a minimum: A. Asset listing showing par value, cost and market value of each security, type of investment, issuer and interest rate; B. Average maturity of the portfolio; C. Maturity distribution of the portfolio; D. Average portfolio credit quality; E. Distribution by type of investment. 10.12 Investment Policy Adoption. This Investment Policy shall be adopted by resolution of the Town Council. The Investment Policy shall be reviewed at least once every five years by the Finance Director and Town Manager and any modifications made hereto must be approved by the Town Council. 2909518.2 35 10. 13 Certification. A copy of this Investment Policy will be provided upon request to the senior management of any financial institution that is approved to transact business with the Town in order that it is appraised of the policies of the Town. The certification must be signed and executed by a senior member of the financial institution before any business is conducted. 2909518.2 36 GLOSSARY AGENCY: A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BASIS POINT: A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield (e.g., "1/4" of 1 percent is equal to 25 basis points). BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for commission. CERTIFICATE OF DEPOSIT (CDs): A time deposit with a specific maturity evidenced by a certificate. Large - denomination CDs are typically negotiable. CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICES (CDARS): A network of financial institutions offering CDs that diversify large deposits between banks at FDIC limits. 2909518.2 37 COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the Town. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value (e.g., U.S. Treasury Bills). DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals, e.g., S&L's small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit. FEDERAL FARM CREDIT BUREAU (FFCB): Debt securities issued by banks of the Farm Credit System, a leading provider of loans, leases and services to rural communities and U.S. agriculture. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations. FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of 2909518.2 38 Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the U.S. Fannie Mae, as the corporation is called, is a private stockholder -owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the U.S. created by Congress and consisting of a seven -member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. FINANCIAL REGULATORY INDUSTRY AUTHORITY: A regulatory body created after the merger of the National Association of Securities Dealers and the New York Stock Exchange's regulation committee. The Financial Industry Regulatory Authority is responsible for governing business between brokers, dealers and the investing public. By consolidating these two regulators, FINRA aims to eliminate regulatory overlap and cost inefficiencies. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR GINNIE MAE): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "pass-throughs" is often used to describe Ginnie Maes. GOVERNMENT SPONSORED ENTERPRISE AGENCIES (GSE): U.S. Government Agencies, Government Sponsored Enterprises (GSEs), Corporations or Instrumentalities of the US Government — Federal Instrumentality Securities include, but are not limited to, Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), Federal Home Loan Banks (FHLB), and the Federal Farm Credit Bureau (FFCB). INTERNAL CONTROLS: An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. INVESTMENT ADVISOR: An independent person or group of people that makes investment recommendations or conducts securities analysis for a fee. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is 2909518.2 39 narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase/reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities in the event of default by the seller -borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (i.e., bills, commercial paper, bankers' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include SEC -registered securities broker-dealer, banks and a few unregulated firms. PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state - the so-called legal list. In other states, the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital (see ARiz. REv. STAT. §§ 14-10902 and 14-10906). QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensation use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RAINY DAY FUND: Designed to set revenue aside during times of above -trend economic growth and to utilize this revenue during times of below -trend growth. A Rainy Day Fund can be used to balance the budget which is the intended purpose. 2909518.2 40 RATE OF RETURN: The yield obtainable on a security based on it purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, which is, increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION (SEC): Agency created by Congress to protest investors in securities transactions by administering securities legislation. SIFMA: Securities Industry and Financial Markets Association. TOTAL RETURN: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period: (Price Appreciation) + (Dividends paid) + (Capital Gains) = Total Return. U.S. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. U.S. TREASURY BONDS: Long-term U.S. government debt securities with maturities of ten years or longer and issued in minimum denominations of $1,000. Currently, the longest outstanding maturity for such securities is 30 years. U.S. TREASURY NOTES: Intermediate U.S. government debt securities with maturities of 1 to 10 years and issued in denominations ranging from $1,000 to $1 million or more. U.S. TREASURY OBLIGATION: Direct obligations of the U.S. Treasury whose payment is guaranteed by the U.S. YIELD: The current rate of return on an investment security generally expressed as a percentage of the security's current price. 2909518.2 41 Appendix A Authorized Investment Officers PFM Asset Management LLC Attn: Paulina Woo 1820 East Ray Road Chandler, Arizona 85225 Town Manager Town Accountant (limited in ministerial acts only) Town Clerk (limited in ministerial acts only) 2909518.2 .allN� PF.AZLEAGUE.ORIG esT©v�rns WWW BULLETltN Issue 10 — March 17, 2017 Legislative Overview Today is the 68th day of session and the legislature is one week away from wrapping up committee hearings. Next week is the last opportunity for committees to take action on bills from the opposite chamber to keep them moving through the process. This is the time of session when we see agendas containing 10 or more bills, new proposals and defeated bills introduced in the form of strike -everything amendments and committee hearings that last for many hours. The Appropriations Committees in both chambers will have until the following week to take action on assigned bills. To date, 47 bills have passed the legislature. The governor has signed 19 of those bills into law and the remaining 28 bills are pending action by the governor. State Budget This is the time of year when budget discussions begin in earnest. While the House has reestablished the use of Appropriations subcommittees, the Senate continues to do most of the work on the budget through small group meetings of members only. Even though the House subcommittees are meeting in public sessions, much of the actual negotiating occurs out of the public's view. Therefore, it is critical that you continue to communicate our serious concerns with the Arizona Board of Regents' proposal to allow the three state universities to keep the transaction privilege taxes they currently pay, including the shared portion that goes to local governments. This is a dangerous precedent for a variety of reasons. First, it will undoubtedly lead other state -funded entities (school districts, community colleges, etc.) to seek the same opportunity to keep the taxes they pay. This will undermine the integrity of the shared revenue system. The erosion of the tax base, the violation of the shared revenue formula and the continuation of the shift of state responsibility to local governments are all legitimate reasons to oppose this proposal. It is important to contact your delegation members soon to tell them to reject the taking of local revenue for the university system. Small Cell Bills Last week both small cell bills were held from consideration pending an agreement with the cable and wireless providers to merge most of the provisions of SB 1214 small cell equipment; local governments, sponsored by Sen. Karen Fann R -Prescott, LD 1 into HB 2365 wireless providers; use of rights-of-way, sponsored by Rep. Jeff Weninger R - Chandler, LD 17. A strike -everything amendment will be offered on Monday in the Senate Commerce and Public Safety Committee that contains language agreed to by the League, Cox Communications, Comcast, Verizon and the other major wireless carriers. The amendment contains provisions providing cities and towns more authority over rights-of-way in regard to small cell deployment and reconciles industry -specific issues between wireless and cable providers. SB 1214 will be heard on Tuesday in the House Commerce Committee. A strike - everything amendment will be offered in committee that will align small cells deployed on cable -owned aerial strand with the microcell regulatory regime prescribed in state statute. In addition, the amendment will clarify that licensed cable and telecommunications operators are permitted to provide front and backhaul support on their network infrastructure using their existing right-of-way agreements with cities and towns. GOOD NEWS HB 2212 federal financial assistance; reports, sponsored by Rep. Vince Leach R -Tucson, LD 11, would have required all state agencies and political subdivisions to prepare an annual report detailing the federal funds they receive and to submit that information to the Arizona Department of Administration (ADOA). Additionally, each agency or political subdivision would have been required to have a plan in the event these funds are reduced. Fortunately, we were able to work with the sponsor to amend cities and towns out of the bill. Sen. John Kavanagh R -Fountain Hills, LD 23, ran the floor amendment so we no longer need to worry about this legislation. We want to thank all of you for helping to communicate our concern about this bill. Please take a moment to pass your appreciation onto Rep. Leach and Sen. Kavanagh for their cooperative work with cities and towns. We also want to pass along good news about HB 2495 consolidated election dates; tax authorization, sponsored by Rep. Kevin Payne R -Peoria, LD 21. As you will recall, the bill was intended to require a county, city or town to take any new or increased assessment of Transaction Privilege Tax to an election and further dictated when that election was to be held. The bill failed this week in the Senate Judiciary Committee when Sen. Bob Worsley R - Mesa, LD 25, voted with the Democrats against the bill. Sen. Worsley has proven again and again that he is willing to vote on the merits of policy issues rather than simply along party lines. This takes a great deal of courage. It is possible this bill will come back in one form or another yet this year. However, we are appreciative that this legislation has been stopped for now. Fire Safety This week the House Land, Agriculture and Rural Affairs Committee held SB 1329 fire flow requirements; rural applicability sponsored by Sen. Sylvia Allen R -Snowflake, LD 6, but has rescheduled to hear it Thursday, March 23. The bill, as passed by the Senate, would allow developers to seek a complete waiver of the water supply requirements in the fire code. The sponsor stated the intent is to make development easier in rural areas where access to traditional water lines is limited. However, by allowing developers to build entire subdivisions without adequate water flow for fighting fires, the state would be putting homeowners, firefighters and entire neighborhoods in grave danger. In addition to the human tragedy that could result from a fire, there would be an enormous liability for any city, town or county that granted a waiver. We encourage you to contact the committee members to ask they protect homebuyers and firefighters by voting NO on the bill. Directed Care On Monday SB 1407 workers' compensation; employee definition; notice, sponsored by Sen. Karen Fann R -Prescott, LD 1, was approved by the House Banking and Insurance Committee. The League thanks Sen. Fann for all her hard work on this issue and our members for their efforts in support of the bill. As noted previously, public employers cannot direct workers' compensation care currently but private employers have successfully used directed care for many years to control costs while maintaining, and in some cases increasing, the quality of care. The bill must still go through the House Committee of the Whole and Third Reading and we ask that you continue to reach out to legislators to support public employers having access to this tool. Full and Final Settlements This session the League has been working with our workers' compensation stakeholder partners on legislation allowing the full and final settlement of workers' compensation claims. SB 1332 workers' compensation; settlement; travel expenses, sponsored by Sen. Karen Fann R-Prescott, LD 1, would allow the settlement of certain claims and has been successfully shepherded through the legislative process in both chambers. It will be debated and potentially amended on the House floor to address some remaining concerns expressed during the House Banking and Insurance Committee. The bill, however, is the product of an agreement reached by the stakeholder groups and we are hopeful it will pass the House and proceed to the Senate for a final vote. Legislative Bill Monitoring All bills being actively monitored by the League can be found here. .allN� PF.AZLEAGUE.ORIG esT©v�rns WWW BULLETItN Issue 11 — March 24, 2017 Legislative Overview Today marks the 75th day of session and the legislature this week completed standing committee action on bills from the opposite chamber. The House and Senate Appropriations Committees will convene next week with lengthy agendas and we expect those committees to last for several hours as lawmakers debate and take action on assigned bills and strike -everything amendments. There has been increased floor activity to take final action on bills before transmitting to the governor and we expect this pace to continue in the coming weeks. April 18 is the 100th day of session but the prospect of closing out session by this deadline will depend on the progress of the FY 18 budget package that has yet to be introduced and voted on. To date, the legislature has passed 120 bills; 52 have been signed into law and 68 bills are awaiting action by the governor. So far, no bills this session have been vetoed. Arizona Board of Regents Budget Proposal Members of the legislature continue to work on the budget but are still in the early stages of negotiation with the Executive branch. The Arizona Board of Regents proposal to take cities and counties shared revenues for bonding and general operations has been included in the Executive budget. We have told legislators that we will strongly oppose this proposal as long as it takes these shared revenues. According to our calculations, the loss of revenues would be approximately $143 million to cities and towns and approximately $230 million for counties, over the life of the original bonds. Allowing this mechanism to be used creates many concerns. It undermines our transaction privilege tax system by allowing one entity to escape paying taxes that other like organizations are required to pay. This will undoubtedly lead other groups to try to get this same treatment and that will only further erode both our tax and shared revenue systems. It also undercuts the appropriations process by allowing the universities to receive their funding without regard to other pressing state needs. Finally, this is yet another attempt to shift the burden of state government onto the backs of local governments. We have heard that there are lobbying attempts aimed at both our rural members and rural legislators asking them to agree to this proposal in exchange for the restoration of more HURF funds. We hope you will resist these efforts and encourage your legislators to do so as well. The restoration of HURF should not come at the expense of our shared revenues. We will be sending out more detailed talking points on this proposal next week. Please continue to contact your legislators to express your concerns about this issue. EcoATMs This week the Senate Health and Human Services committee unanimously approved a strike -everything amendment to HB 2030 S/E: automated kiosks, sponsored by Sen. Nancy Barto, R -Phoenix, LD 15, regarding licensing and requirements for EcoATMs. These automated kiosks are being deployed in grocery stores and retail establishments nationwide and allow consumers to exchange used cellphones and tablet computers for cash using patented software that tracks and reports the transaction to local law enforcement. The bill requires the kiosks to verify a seller's identity with the assistance of a live representative and each transaction must be completed with the seller presenting government -issued identification, a thumbprint and an electronic signature. The kiosk operator must report all transactions to local law enforcement including the description of the seller and the manufacturer, model and serial numbers of the device sold. The kiosk operator must also retain the item for a 20 -day period. The League registered in opposition to the bill as it preempts cities and towns from treating transactions at these kiosks in the same manner as similar transactions conducted at pawnshops and secondhand dealers. In addition, the bill does not provide the resources needed by police departments to track down and return stolen property sold at the kiosks to the rightful owner. Law enforcement testified in committee sharing these concerns and raised questions regarding the potential for increased theft and sale of stolen mobile devices at these kiosks as they provide the opportunity for criminals to obtain quick cash. Cities and towns across the nation have reported seeing an increase in cell phone thefts associated with these machines and some have banned them from their communities. Currently, the bill will not allow for locally elected officials to make decisions based on the needs of their community and constituents regarding the deployment and use of these EcoATMs. Local Occupational Licensing On Monday the League testified in opposition to the strike -everything amendment adopted by the Senate Commerce and Public Safety Committee to HB 2419 S/E: municipal and county occupational licenses, sponsored by Sen. Steve Smith, R- Maricopa, LD 11. The striker locks in all existing occupational licensing and fees at the local level but preempts local bodies from occupational licensing going forward. One result would be that if a community currently licenses a specific occupation it can continue to do so but if a neighboring community has yet to license that occupation the non -licensing community would be preempted from ever doing so. Additionally, the bill would prevent communities from licensing new occupations that emerge from developments in the economy that pose new risks to the public. Local licensing has served the public well by regulating occupations that impact health, safety, and welfare but which are not regulated by the state, such as street vending, secondhand dealing and adult-oriented businesses. The current system allows communities to protect their residents by providing some oversight over these professions to minimize illegal/dangerous activities. The bill as amended passed by a vote of 6-1-1. Fire Safety Last week the House Land, Agriculture and Rural Affairs Committee held from consideration SB 1329 fire flow requirements; rural applicability, sponsored by Sen. Sylvia Allen, R -Snowflake, LD 6, but moved forward with the bill this week. The bill allows developers to seek a complete waiver of the water supply requirements in the fire code by appealing any denial for a waiver by a fire district to the city or town in which the property is located. Allowing developers to build entire subdivisions without adequate water flow for fighting fires would put home owners, firefighters, and whole neighborhoods in danger. In addition to the human tragedy that could result from a fire, there could be significant liability for any city, town or county that granted a waiver. The League testified in opposition along with the County Supervisors Association but the bill passed by a vote of 5-2. Legislative Bill Monitoring All bills being actively monitored by the League can be found here. League of Arizona �1t1�S ��pTOWT1SLEG ISLATLVI WWWAZLEAGUEORG B LLETIN Issue 12 - March 31, 2017 Legislative Overview This week the Appropriations Committees in both chambers wrapped up and will reconvene at a later date to take action on the FY '18 budget package when it is introduced. Both committees had a number of bills and strike -everything amendments to take action on, including one League resolution that was unanimously approved. Now that standing committee action is completed, the remaining weeks of session will consist of budget discussions, floor action and conference committees. Once the budget is adopted, the legislature will be well on their way to concluding the legislative session. Today is the 82nd day of session and to date 141 bills have been approved by the legislature; 121 have been signed into law and 21 are awaiting action by the governor. The governor has issued the first veto of the session on HB 2162 regarding residency requirements for justices of the peace. State Budget Work on the state budget continues to accelerate. This week the House of Representatives released their preliminary budget proposal. Notably, it includes the restoration of $30 million in Highway User Revenue Funds (HURF). While there are few details available, it is likely they will use the same mechanism that was used last year and restore these funds as a one-time appropriation. Absent from the House spending plan is the $36 million to support the Arizona Board of Regents' (ABOR) bonding program for universities. Instead, the House plan contains $15 million in one-time university spending. We have also heard that the Senate is close to releasing their budget priorities. The information we have received is that it will probably include a university bonding proposal, but will hold cities and counties harmless. No other information about the Senate budget plan is available at this time. This is good news for the moment. However, we know this is just the start of negotiations and the provisions related to the ABOR bonding proposal will continue to change. We have told legislators that we will strongly oppose this proposal as long as it takes shared revenues. If the state legislature determines this is a policy they want to pursue, there are a number of ways to provide the universities with a stable funding mechanism without undermining our transaction privilege tax and shared revenue systems or undermining the appropriations process. Please continue to contact your legislators to express your concerns about this issue. CALL TO ACTION — Wastewater Fees Two weeks ago the House Local and International Affairs Committee approved SB 1430 municipalities; wastewater fees; vacant land, sponsored by Senator David Farnsworth, R -Mesa, LD 16. A strike -everything amendment was adopted in the Senate, sponsored by Senator Warren Petersen, R -Gilbert, LD 12, that would prohibit cities and towns from charging vacant land owners a standby fee to recover the cost of maintaining and repairing sewer infrastructure available to the property and repaying outstanding bonds. As a result, this will require cities and towns to restructure existing debt obligations incurred to construct wastewater facilities and force some property owners to pay for sewer capacity and infrastructure available to and on behalf of undeveloped property owners that are receiving benefits from the availability of wastewater infrastructure. Shifting the cost of infrastructure maintenance and debt obligations to other customers is patently inequitable and will significantly increase utility bills paid by some citizens. Please call your representatives and ask them to vote NO on SB 1430. Bonding Legislation A League -supported bill sponsored by Rep. Jill Norgaard, R -Phoenix, LD 18 unanimously passed both chambers of the legislature and this week was signed by the governor. HB 2452 bonding; amortized premium; segregated fund makes clarifying changes to the general obligation bonds statutes for cities and towns and other political subdivisions. As a result of Rep. Norgaard's efforts to champion this important change to statute, bond -rating agencies, such as Moody's, Standard & Poor's and Fitch ratings services, have indicated that our local governments may realize an upgrade in their bond ratings because of these clarifications and this will lead to lower costs to property taxpayers. Please reach out to Rep. Norgaard and thank her for all of her hard work to support local government. Detention and Retention Basins The last bill of the session to be heard in a standing committee was a League resolution regarding detention and retention basins. The House Appropriations Committee adopted a strike -everything amendment to SB 1161 SIE retention basin; improvement district, sponsored by Senator Sonny Borrelli, R -Lake Havasu City, LD 5. Representative Don Shooter, R -Yuma, LD 13, sponsored the amendment that allows for improvement district funds to be used for maintenance, improvement and repair costs for retention and detention basins. The bill will provide a uniform process to more fairly distribute the perpetual maintenance costs of these flood control basins, provide long-term cumulative savings, and facilitate ease of payment for homeowners. The League appreciates the support of Rep. Shooter and Sen. Borrelli to provide a long-term solution for funding the maintenance and improvements of this critical infrastructure. Fire Safety After municipalities and counties expressed significant concerns about SB 1329 fire flow requirements; rural applicability, sponsored by Sen. Sylvia Allen, R -Snowflake, LD 6, stakeholders were invited to a meeting on Thursday. SB 1329 would allow developers to apply to the state, a county, a fire district, or a municipality for a complete waiver of the water flow requirements in the fire code. After the stakeholder group discussed the bill and was unable to find consensus, Sen. Allen agreed to hold the bill and work on the issue during the interim. The League appreciates the sponsor's willingness to allow more time for the issue to be thoroughly vetted and looks forward to working on this issue going forward to ensure that any changes meant to facilitate development in rural Arizona do not endanger public safety. Occupational Licensing (Update) HB 2419 S/E: municipal and county occupational licenses, which was offered as a strike -everything amendment sponsored by Sen. Steve Smith, R-Maricopa, LD 11, was held this week in Republican Caucus after several members in the majority caucus expressed concerns. The bill as amended locks in all existing occupational licensing and fees at the local level, and preempts local bodies from adopting any new occupational licenses going forward. Just one of the many problems with the bill is that it would create a disparity between communities that currently license an occupation and other communities that would be preempted from ever doing so because of their current status. The proponents of the bill are attempting to address that particular issue through a floor amendment but the bill would still prevent communities from licensing new occupations that emerge and pose new risks to the public. Local licensing has served the public well by regulating occupations that impact public health, safety, and welfare but which are not regulated by the state, such as street vending, secondhand dealing and adult-oriented professions. Having a flexible local licensing system is vital to maintaining local control over professions that can quickly devolve into illegal or dangerous activities if not properly regulated. We urge our members to continue reaching out to legislators to express concerns about preempting communities from addressing local problems through local licensing. Please ask that they vote NO on this bill. Legislative Bill Monitoring All bills being actively monitored by the League can be found here.